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!■ Ail!.-.. II » ,'■ Itthahi

THIRTY YEARS' VIEW;

OR,

'irSTORY OP THE WORKING OF THE AMERICAJ^
GOVERNMENT POR THIRTY YEARS,

FROM 1820 TO 18S0.

CHIUTLY TAKKM

■t.M THE CONOHhSa DEBATES, TllK PRIVATE PAPERS OF GENERAL JACKSOM
A.ND TliE 8FEEC1TES OF EX-SENATOR BEN'TON. WITH HIS
ACTUAL VIEW kj¥ -JIKN AND AFl'AJHJJ;

whmi

•riORIUAL K0TE3 ASD ELLUSTRATIONS, AND SOME NOTICES OP EMINENT
DECEASED COTEMPORARIES:

BY A SENATOR OF THIUTY YEARS.

IS TWO VOLUMES.

VOL. I.

«K -

NEW YORTv:
D. APPLET ON AND MP A NX

64 » ft »8 1 H ROAD WAY.

LONDON I 10 LITTLE BRITAIN.

1 875.

/»..

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A HI

FROM THE

HIBTORICi

^^■^AP.

jst* .ii ■5.'«:#i;'>,y •

■'*.#•'

.,*,«*,.

THIRTY YEARS' VIEW;

OR,

A HISTORY OF THE WORKING OF THE AMERICAN
GOVERNMENT FOR THIRTY YEARS,

FROM 1820 TO 1850.

OillCTLT TAKKM

FROM THE CONGRESa DEBATES, THE PRIVATE PAPERS OF GENERAL JACKSOU

AND l-HE SPEECHES OF EX-SENATOR BENTON, WITH HIS

ACTUAL VIEW OF MEN AND AFFAIRS:

■wira

mBTORICAL NOTES AND ILLUSTRATIONS^ AND SOME NOTICES OF EMINENT

DECEASED COTEMPORARIES :

BY A SENATOR OF THIRTY YEARS.

IN TWO VOLUMES.
VOL. I.

NEW YORK:
D. APPLETON AND COMPANY,

649 ft 661 BROADWAY.

LONDON: 16 LITTLE BRITAIN.

1875.

Ll>3S ,^4-1 e [tlb

M. /

[The outline
I following pages,
jpaln from the di
■for a Biography,
iBODie chief incid<

Entered, according to Act of Congress, in the year 1854, by

D. APPLETON & CO.,

In the Clcrli'ti Oilicc of the District Court of the United States for the Southern
District of New Yorlt.

AUTO -BIOGRAPHICAL SKETCH.

[The outlines of the life of the lately dcceued Thomas H. Benton, which are contained in the
I following pages, were prepared by the author and subject of them whilst he was suiToring excruciating
Ipain from the disease that, a few weeks later, closed his earthly career. They were not intended
Ifor a Biography, properly so called, but rather to present some salient points of character and
iBome chief incidents of life, and in respect of them, at least, to govern subsequent Biographies.]

Thomas Hart Benton, known as a senator for thirty years in Congress, and as
Ithe author of several works, was born in Orange County, near Hillsborough, North
ICarolina, March 14th, 1782; and was the son of Col. Jesse Benton, an able lawyer
a( that State, and of Ann Gooch, of Hanover county, Virginia, of the family of the
Joocbes of colonial residence in that State. By this descent, on the mother's side, he
Itook his name from the head of the Hart family (Col. Thomas Hart, of Lexington,
Kentucky), his mother's maternal uncle ; and so became related to the numerous Hart
Ifamily. He was cousin to Mrs. Clay, born Lucretia Hart, the wife of Henry Clay ; and,
t)y an easy mistake, was often quoted during his public life as the relative of Mr. Clay
himself. He lost his father before he was eight years of age, and fell under the care of
. mother still young, and charged with a numerous family, all of tender age — and devot-
Qg herself to them. She was a woman of reading and observation — solid rcadinr', and
bbaervation of the men of the Bevolution, brought together by course of hospitoi; \} of
[hat time, in which the houses of friends, and not taverns, were the universal stopping
Places. Thomas was the oldest son, and at the age of ten and twelve was reading solid
books with his mother, and studying the great examples of history, and receiving encour-
agement to emulate these example? His father's library, among others, contained the
[imous State Trials, in the large rolios of that time, and here he got a foundation of
kitish history, in reading the treason, and other trials, with which these volumes abound <
Ihe was alsc a pious and religious woman, cultivating the moral and religious education
' her children, and connected all her life with the Christian church ; Jirat, as a member
the English Episcopalian, and when removal to the Great West, then in the wilder-
ess, had broken that connection, then in the Methodist Episcopalian — in which she died.
Ill the minor virtues, as well as the greater, were cherished by her ; and her house, the
psort of the eminent men of the time, was the abode of temperance, modesty, decorum,
pack of cards was never seen in her bouse. From such a mother all t|eJp.im()t^q^X

AUTO.niOORAPIIlCAL SKETCIT.

received tho impress of future character; and she lived to sco the fruits of her pious and
liberal carca — living a widow above fifty yean*, and to see licr eldest son half through hit
senatorial career, and taking his place among tho historic men of tho country for wfaicii
she had begun ho early to train him. These details deserve to bo noted, though small in
tiicmBclvcfl, an showing how much tho after life of tho man may depend upon the caily
carcH and guidance of a mother.

His scholastic education was imperfect : ^first, at a grammar school taught by Richard
Stanford, Esq., then a young New England emigrant, soon after, and for many years, and
until death, a representative in Congress, noted as tho life-long friend of Macon and Ran-
dolph. Afterwards ho was at Chapel Hill, tho University of North Carolina, but finished
no course of study there, his mother removing to Tennessee, where his father had ac<
quired great landed property (40,000 acres), and intended to make Naahvillo his home
and now, as tho eldest of tho family, though not grown, the caro and management of al
new settlement, in a new country, fell upon him. Tho family went upon a choice trad
of 8000 acres, on West Harpeth, twenty-fivo miles south of Nashville, where for several
years tlio main care was the opening a farm in tho wilderness. Wilderness ! for suci
was tho stato of the country at that time within half a day's ride of tho city of NaahvillcJ
" Tho widow Benton's settlement " was the outside settlement between civilication ani
the powerful southern tribes which spread to tho Gulf of Mexico. The Indian wars hu
just been terminated, and the boundary which these great tribes were enabled to ezacj
brought their frontier almost to the gates of Nusbville— within 25 miles I for the lini
actually touched the outside line of the estate. The Indians swarmed about it. Theii
groat war trace (the trace on which they camo for blood and plunder in time of war, fol
trade in time of peace) led through it. Such a position was not to be maintained by
small family alone — a widow, and every child under age, only some twenty odd slavei
It required strength ! and found it in the idea of a little colony — leases to settlers witl
out price, for seven years ; moderate rents afterwards. The tract was well formed fc
the purpose, being four miles square, with every attraction for settlement — rich lani
fine wood, living streams. Settlers came ; tho ground was covered over : it was call(
" Benton Town," and retains the name to this day. A rude log school-house, a meetii
bouse of the same primitive structure, with roads and mills, completed the rapid convei
sion of this wilderness into an abode of civilization. The seholastio education of her s(
had ceased, but reading continued ; and books of solid instruction became his inoesi
companions. He has been heard to say that, in no period of his life, has he ever read
much, nor with as much system and regularity, nor with the same profit and deligl
History and geography was (what he conrldered) hia light reading; national law, t)
civil law, the common law — and, finally, the law itself, as usually read by law studenti
constituted his studies. And all this reading, and study, was carried on during the actii
personal exertions which he gave to the opening of the farm and to the amelioratioi
upon it which comfort exacted.

Then came tho law license, indulgently granted by the three Superior Court Judj
— White, Overton, and Campbell — the former afterwards senator in Congress, Overl
ia eminent lawyer before ho was a Superior Court judge, and Campbell, one of

ice; and desiring
'k of the Missii

AUTOBIOORAnilCAl SKETtll.

1««
it

r pious »D<]
through hit I
y for wbicli|
igh small iul
on the call;)

i by Richard
ly year«, and
!on and Ran-

rcsp«otabl« early scttlem and lawyers of the State. The law liccnMO signed, practic»
oUowed, and successful — Gen. Jackson, Gon. James Rubertsun, Judge McNairy,
ijlajor Thomas Hardeman, and the old heads of the population giving him tliuir support
ud oountaoance as a young man that might become useful to the State, and so deserved
o be encouraged. Scarcely at the bar, and a legislative career was opened to him. Ho
as elected to the General Assembly of the State; and, though serving but for a single
ission, left the impress of his mind and principles on the statute book, and on the
•ublio policy. Ho was the author of tho Judicial Reform Act, by which the old system
f Superior Courts was substituted by the circuit system, in which tho adminintration
, but finishcdKf justice was relieved of great part of its delay, of its expense, and of much of its incon-
ithcr had ac-^enienoe to parties and witnesses. And ho was the author of a humane law, giving to
laves tho same full benefit of jury trial which was tho right of tho white man under the
,me accusation — a law which still remains on tho statute book, but has lost its cfi'oct
nder the fatal outside interference which has checked the progress of Southern slave
olicy amelioration, and turned back the current which was sotting so strongly in favor
f mitigating the condition of the slave.

Returning to the practice of the law, the war of 1812 broko out. Volunteers were
Ucd for, to descend the rivers to New Orleans, to meet the British, expected there in the
inter of 1812-'13, but not coming until the winter of 1814-'15. Three thousand volun-
ers were raised ! raised in a flash 1 under the prestige of Jackson's name — his patriotic
iroolamation — and the ardent addresses of Benton, flying from muster ground to muster
ound, and stimulating the inherent courage and patriotism of the young men. They
ere formed into three regiments, of which Benton was colonel of one. He had been
pointed aide-de-camp to Jackson (then a major-general in the Tennessee militia), on
e first symptoms of war with Great Britain, and continued to perform many of tho
est intimate duties of that station, though, as colonel of a regiment, he could not hold
e place. The force descended to the Lower Mississippi : the British did not come ;
e volunteers returned to Tennessee, were temporarily disbanded, but called again into
rvice by Gen. Jackson at the breaking out of the Creek war. These volunteers
lere the foundation of all Jackson's subsequent splendid career ; and the way in which,
rough their means, he was enabled to get into the regular army, is a most curious
lece of history, not told anywhere but by Col. Benton, as a member of the House of
lepresentatives, on the presentation of Jackson's sword (Feb. 26th, 1855). That piece
unknown history, which could only come from one who was part and parcel of the
nsaction, deserves to be known, and to be studied by every one who is charged with
tional law, tile administration of government, and by every one who would see with what difficulties
law studentef nius and patriotism may have to contend — with what chances they may have to wrestlo
before they get an opportunity to fulfil a destiny for which they were born.
The volunteers disbanded, Col. Benton proceeded to Washington, and was appointed
Mr. Madison a lieutenant-colonel of infantry in the army (1813) ; and afterwards
14-15) proceeding to Canada, where he bad obtained service, he met the news of
ce; and desiring no service in time of peace, he was within a few months on the west
ik of the Mississippi, St. Louis his home, and the profession of the law ardently

bring the actil
amelioratiol

Court Judg
pgress, Overti
bell, one of

AI'TO-RIOORAPHICAL RKCTriT.

r«c(inim<nccd. In four ycari tho SUto of Miuoari wh admitted into the Union, and
Cul. Ik'Dton wan clortod ono of her flrit lenttorii ; and, continnouily by lUoceMtTe dec-
tiotiH, until 1851. From that tiuio hid life was in the public ojre, and the bare enumera-
tion of tho nicoNurcN of which ho wai the author, and tho prime promoter, would bci
iilmoMt a hifttory of CongrcM legislation. Tho enumeration is unnecessary here: the
long liMt is known throughout tho length and breadth of tho land — repeated with the
familiarity of household words from the groat cities on tho seaboard to tho lonely oabinn
on tho frontier — and studied by the little boys who feel an honorable ambil ; beginning I
to stir within their bosoms, ond a laudable desire to learn something of the Mstory of [
their country.

Omitting this detail of well-known measures, wo proceed to something else ohnrac'
tcristio of Senator IJonton's legislative life, loss known, but necessary to bo known to I
know tho man. Ho never had a clerk, nor oven a copyist ; but did bis own writing, and!
made his own copies. He never bad office, or contract, for himself, or any one of his
blood. Ho detested office seeking, and office hunting, and all changes in politics followt>jl
by demand for office. He was never in any Congress caucus, or convention to nominate I
a President or Vico-Presidont, nor oven suffered his namo to go before saoh a body for|
any such nominations. Ho refused many offices which were pressed upon him — the mis-
sion to Russia, by President Jackson ; war minister, by Mr. Van Buren ; minister tol
Franco, by Mr. Polk. Three appointments were intended for him, which he would havel
accepted if the occasions had occurred — command of the army by Ooneral Jackson, ii
war took place with Mexico during his administration ; the same command by the samol
President, if war had taken place with France, in 1836 ; the command of the army inl
Mexico, by President Polk, with the rank of lieutenant-general, if the bill for the rankl
had not been defeated in the Senate after having passed the House by a general voteT
And none of these military appointments could have wounded professional honor, as Go1.|
Benton, at the timo of his retiring from the army, ranked all those who have sincel
reached its head. • , , »

Politically, Col. Benton always classed democratically, but with very little regard
for modern democracy, founded on the platforms which the little political carpenters re-j
construct about every four years, generally out of offioo-timber, sometimes gre<in and
sometimes rotten, and in either caso equally good, as the platform was only wanted to laslj
until after the election. He admitted no platform of political principles but the oonsti-l
tution, and viewed as impertinent and mischievous the attempt to expound the constitu-l
tion, periodically, in a set of hurrah resolutions, juggled through the fag-^nd of a packed
convention, and held to be the only test of political salvation during its brief day ofl
supremacy.

His going to Missouri, then a Territory under the pupillage of Congress, was at i
period of great interest both for the Territory and the Union. Violent parties wer
there, as usual in Territories, and great questions coming on upon which the future hit
of the State, and perhaps of the Union, depended. The Missouri controversy soon rageij
in Congress, throughout the States, and into the Territory. An active restriction parti
was in the Territory, largely reinforced by outside aid, and a decided paper was wantioJ

AUTOBIOGRAPHICAL BKITCli.

to give the proper ton* to the pablie mind. Col. Denton had one ict up, and wrote for it
with raoh point and Tigor that the Territory aoon prcaented a united front, and when
the eonrention election came round there waa but one ainglo delegate elected on the
lide of reatriotion. Thii united front had an tmnieniie effect in Mvin; the cjuettioD in
CoDgresa.

Ueiideii hie logiHlatiro rcportx, bills and ipooohcfl, Ruffioient to fill many volumci, Cnl.
Bontun ia known aa tlio author of lome literary worka — the Thirty Years' View of the
inside working of the Federal OoTernmont ; the Abridgment of Debates of Congress
from 1780 to (intended) 1856; and an examination of the political part (ns ho deemed
it) of the Supreme Court's decision in the Drod Scott caw, that part of it which pro
iiounced the abrogation of the Missouri Compromise line and tlio self-extension of the
Constitution to Territories carrying African slavery along with it, and keeping it there
in defiance of Congress or the people '>f the Territory. Thero was also a class of speeches,
of which he delivered many, which wore out of the lino of political or legislativo discus-
sion ; and may bo viewed as literary. They woro the funeral oulogiums which the cus-
tom of Congress began to admit, though not to tho degree at present practised, over
deceased members. These eulogiuma were universally admired, and were road over
£urope, and found their charm in the pereeption of eharacter which iheij exhihU$d ; in
the perception of the qualities which constituted the man, and gave him identity and
individuality. These qualities, thus perceived (and it requires intimate acquaintance
with the man, and some natural gift, to make the perception), and presented with truth
and simplicity, imparted the interest to these culogiums which survives many readings,
and will claim lasting places in biographies.

While in the early part of life, at Nashville and at St. Louis, duels and affrays wero
common ; and tho young Benton had his share of them : a very violent affray between
himself and brother on one side, and Genl. Jackson and some friends on the other, in
which severe pistol and dagger wounds were given, but fortunately without loss of life ;
and the only use for which that violent collision now finds a reference is in its total ob-
livion by tho parlies, and the cordiality with which they acted together for the public
good in their subsequent long and intimate publio career. A duel at St. Louis ended
fatally, of which Col. Benton has not been heard to speak except among intimate friends,
and to tell of the pang which went through his heart when he saw the young man fall,
and would have given the world to see him restored to life. As the proof of the manner
in which he looks upon all these scenes, and his desire to bury all remembrance of them
forever, he has had all the papers burnt which relate to them, that no future curiosity or
industry should bring to light what he wishes had never happened.

Col. Benton was married, after becoming Senator, to Elizabeth, daughter of Col
I James McDowell, of Rockbridge county, Virginia, and of Sarah his wife, born Sarah
I Preston ; and has surviving issue four daughters : Mrs. William Carey Jones, Mrs. Jessie
I Ann Benton Fremont, Mrs. Sarah Benton Jacob, and Madame Susan Benton Boilleau,now
lat Calcutta, wife of the French consul general — all respectable in life and worthy of their
I mother, who was a woman of singular merit, judgment, elevation of character, and regard

AUTO.B10GRAPHICAL SKETCH.

>l:

for every social duty, crowned by a life-long connection with the chorch in which she
was bred, the Proabytcrian old school. Foliuwing fhe example of their mother, all the
daughters are members of some church. Mrs. Benton died in 1854, baring been struck
with paralysis in 1844, and fiom the time of that calamity her husband was never known
to go to any place of festivity or amusement.

Justice to th

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PREFACE

1.— MOTIVES FOR WRITING THIS WORK.

I Justice to the men with whom I acted, and to the cause in which we were en-
gaged, is my chief motive for engaging in this work. A secondary motive is
the hope of being useful to our republican foim of government in after ages by
I showing its working through a long and eventful period ; working well all the
time, and thereby justifying the hope of its permanent good operation in all time
to come, if maintained in its purity and integrity. Justice to the wise and
patriotic men who established our independence, and founded this government,
is another motive with me. I do not know how young I was when I first read
in the speeches of Lord Chatham, the encomium which he pronoimced in the
{House of Lords on these founders of our republic ; but it sunk deep into my
[memory at the time, and, what is more, went deep into the heart : and has
I remained there ever since. "When your lordships look at the papers trans-
Imitted us from America ; when you consider their decency, firmness, and wis-
idom, you cannot but respect their cause, and wish to make it your own. For
Imyself, I must declare and avow, that in all my reading and observation — and
lit has been my favorite study — I have read Thucydides, and have studied and
ladmired the master states of the world— that for solidity of reasoning, force of
[sagacity, and wisdom of conclusion, under such a complication of difficult cir^
Icumstances, no nation, or body of men, can stand in preference to the general

PREFACE.

congress at Fhiladelphia." This encomium, so just and so grand, so grave and
80 measured, and the more impressive on account of its gravity and measure, was
pronounced in the early part of our revolutionary struggle — in its first stage —
and before a long succession of crowning events had como to convert it into his-
tory, and to show of how much more those men were capable than they had
then done. If the great William Pitt — greater under that name than under
the title ho so long refused — ^had lived in this day, had lived to see these
men making themselves exceptions to the maxim of the world, and finishing
the revolution which they began — seen them found a new government and
adminbter it in their day and generation, and until " gathered to their fathers,"
and all with the same wisdom, justice, moderation, and decorum, with which
they began it : if he had lived to have seen all this, even his lofty genius might
have recoiled from the task of doing them justice ; — and, I may add, from the
task of doing justice to the People who sustained such men. Eulogy is not my
task ; but gratitude and veneration is the debt of my birth and inheritance, and
of the benefits which I have enjoyed from their labors ; and I have proposed
to acknowledge this debt — to discharge it is impossible — in laboring to preserve
their work during my day, and in now commending it, by the fruits it has
borne, to the love and care of posterity. Another motive, hardly entitled to
the dignity of being named, has its weight with me, and belongs to the rights
of " self-defence." I have made a great many speeches, and have an apprehen-
sion that they may be published after I am gone — published in the gross,
without due discrimination — and so preserve, or perpetuate, things said, both
of men and of measures, which I no longer approve, and would wish to leave to
oblivion. By making selections of suitable parts of these speeches, and weaving
them into this work, I may hope to prevent a general publication— or to render
it harmless if made. But I do not condemn all that I leave out.

2.— QUALIFICATIONS FOR THE WORK.

Of these I ha"M one, admitted by all to be considerable, but by no means
enough of itself. Mr. Macaulay says of Fox and Mackintosh, speaking of their
histories of the last of the Stuarts,. and of the Revolution of 1688 : "They
had one eminent qualification for writing history; they had spoken history;
acted history, lived history. The turns of political fortune, the ebb and flow of
popular feeling, the hidden mechanism by which parties are moved, all theso
things were the subject of their constant thought, and of their most familiar
conversation. Gibbon has remarked, that his history is much the better for hia

PREFACE.

rave aud
lure, was
stage —
into his-
they had
m under
lee these
finishmg
aent and
fathers,"
ith which
ius might
, from the
is not my
tance, and
I proposed
io preserve
lits it has
jntitled to
the rights
apprehen-
the gross,
said, both
;o leave to
id weaving
to render

ha\'ing boon nn officor in tho • 'itia, and a mcmbor of the House of Commons.
The remark is most just. V 'lave not the smallest doubt that his campaigns,
though he never saw an enemy, and hia parliamentary attendance, though he
never made a speech, were of far more use to him than years of retirement and
study would have been. If the time that he spent on parade and at mess in
Hampshire, or on the Treasury bench and at Brooke's, during the storms which
overthrew Lord North and Lord Shelbume, had been passed in the Bodleian
Library, he might have avoided some inaccuracies ; he might have enriched his
notes with a greater number of references ; but he never could have produced so
lively a picture of the court, the camp, and the senate-house. In this respect
Mr. Fox and Sir James Mackintosh had great advantages over almost every
English historian since the time of Burnet." — I can say I have these advantages.
I was in the Senate the whole time of which I write — an active business mem-
ber, attending and attentive — in the confidence of half the administrations,
and a close observer of the others — ^had an inside view of transactions of which
the public only saw the outside, and of many of which the two sides were very
different — saw the secret springs and hidden machinery by which men and
parties were to be moved, and measures promoted or thwarted — saw patriotism
and ambition at their respective labors, and was generally able to discriminate
between them. So far, I have one qualification ; but Mr. Macaulay says that
Lord Lyttleton had the same, aud made but a poor history, because unable to
use his material. So it may be with me ; but in addition to my senatorial
means of knowledge, I have access to the unpublished papers of General Jack-
son, and find among them some that he intended for publication, and which will
be used according to his intention.

3.— THE SCOPE OF THE WORK.

no means
ig of their
"They
\n historyJ
id flow of
all thesdl
kt familiar
Iter for hui

I do not propose a regular history, but a political work, to show the practical
working of the government, and speak of men and events in subordination to
that design, and to illustrate the character of Institutions which are new and
complex — the first of their kind, and upon the fate of which the eyes of the
world are now fixed. Our duplicate form of government. State and Federal,
is a novelty which has no precedent, and has found no practical imitation, and
is still believed by some to be an experiment. I believe in its excellence, and
wish to contribute to its permanence, and believe I can do so by giving a faith-
ful account of what I have seen of its working, and of the trials to which I
have seen it subjected.

PREFACR

■ »

4— THE SPIRIT OF THE WORK.

I write iu the spirit of Truth, but not of unnecessary or irrelevant truth,
only giving that which is essential to the object of the work, and the omission of
which would be an imperfection, and a subtraction from what ought to be known.
I have no animosities, and shall find far greater pleasure in bringing out the good
and the great acts of those with whom I have differed, than in noting the points
on which I deemed them wrong. My ambition is to make a veracious work,
reliable in its statements, candid in its conclusions, just in its views, and which
cotemporaries and posterity may read without fear of being misled.

PaauxiWABT Vii

CBAP.

I. Person
IL Admlsj

III. Flnanci

IV. Belief
V. Oregon

VL Florida

VIL Death <

VIIL Death

IX Abolltio

r. Internal

XL OeneiBl

Xa Visit of

XIIL TheTarl

XIV. The A. I

XV. Amendn

to the:

Rldent

XVL Internal 1

XVII. President

in the :

XVIIL Death of.

XIX Presidenti

oentatiT

XX The Oconp
XXL Commence

tion .

XXIL Case of Mr,

Appoint

XXHL Betlringof

XXIV. Bemoval of

XXV. TbePanam

XXVL Duel Betwe

XXVIL Death of Ml

I XXVIII. Amendment

totbeEle

•ident .

CONTENTS OF VOLUME I.

PAOI.

PaauKiKABT ViBW from 1815 to 1820 .... 1

W^ ' •

CBAP.

XXIX.

CHAP.

L
IL

Penonal Aspect of the Oovtrnment
Admission of the State of MlMoorl .

T
8

XXX.
XXXL

III.
IV.

Belief of Poblio Land Debtors ,

11
11

XXXIL
XXXIIL

V.
VL
VIL

Oregon Territory

Florida Treaty and Cession of Teiifl
Death of Mr. Lowndes

18
14

XXXIV.
XXXV.

VIIL
IX.

Death of William PlDkney
Abolition of the Indian Factory System .
Internal Improvement ....
General Bemoval of Indians .

19
90
21
2T

XXXVL

XIL

Visit of Lafayette to the United States .

XXXVIL

XIIL
XIV.

The Tariff; and American System

The A. B. Plot

82
84

XXXVIIL

XV.

Amendment of the Constltntlon, in relation
to the Election of President and Vice-Pre-
sident

XXXIX.
XL.

XVL

Internal Trade with New Mexico .

XLL

XVIL
XVIIL

Presidential and Vice-Presidential Elections
in the Electoral Colleges ....

Death of John Taylor, of Caroline .

XLIL

XIX.
XX.

Presidential Election In the House of Repre-
sentatives

The Oocapation of the Colombia

46
60

XLIU.
XLIV.

XXL

Commencement of Mr. Adams's Adminlstra*
tion

XXIL

XXIIL
XXIV.

Case of Mr. Lanman— Temporary Senatorial

Appointment ftrom Connecticut .
Betiring of Mr. Bnttas King ....
Bemoval of the Creek Indians firom Georgia

66
6T
58

XLV.

XXV.

The Panama Mission ....

XLVI.

XXVL
XXVIL

Duel Between Mr. Clay and Mr. Kandolph .
Death of Mr. Oaillard ....

70
77

XLVIL

XXVIIL

Amendment of the Constitntlon, In relation
to the Election of President and Vioe-Pro-
tldMit ...;....

XLVIIL

raoK
Reduction of Executive Patronage . 66

Exclusion of Members of Congress from

Civil Oflfce Appointments ... 82
Death of the ex-Prertdents, John Adams

and Thomas Jefferson .... 67

British Indemnity tat Deported Slaves . S3
Meeting of the first Congress Elected under
the Administration of Mr. Adams . 81

Revision of the Tariff 98

The Public Lands— Their Pmper Dispo-
sition— .Graduated Prices— Pre-emption
Bights— Donations to Settlers . . 102
Ceeslon of a Part of the Territory of Ar-
■lansas to the Cherokee Indians . . 107

Benewal of the Oregon Joint Occupation
Convention 109

Presidential Election of 1628, and Further
Erron of Mons. de Tocquovlite . . Ill

Betlringand Death of BIr. Macon . . 114

Commencement of General Jacluon's Ad-
ministratlcn 119

First Message of General Jackson to the
two Houses of Congress . . . . 121

The recovery of the Direct Trade with the
British West India Islands ... 124

Establlsbment of the 0M)» New!<paper . 128
Limitation of Pnblio Land Sales— Suspen-
sion of Surveys- Abolition of the Ofllc«
of Surveyor General— -Origin of the
United States Land System— Author-
ship of the Anti-slavery Ordinance of
1778— Slavery Controversy— Protective
Tariff— Inception of the Doctrine of nul-
lification 180

Bepealof theSatTax .... 143
Birthday of Mr. Jefferron, and tlie Doc-
trine oi ifulllflcaUon .... 148
Regulation of Commerce .... 149
Alum Salt— The Abolition of the Dnty
upon it, and Bopeal of the Fishing Boun-
ty and Allowances Founded on It . 154

vili

CONTENTS OP VOL I.

ai4P. PAOC

XUX. Bank of tb* United SutM . . . IM

U R«mov*l> from Office .... 1S9

hi. Iniiiar. BovorelKntiM wftbin the Bute* . 168

Lll. Vo<oon tlieMtjrsrllleKoMlBill. . lOT

LIII. Rupture between Pmlilent Jackaon and

VIce-Preeldcnt Calhoun . . . 16T
LtV. Breaking np of the Cabinet, and Appoint-
ment of another ISO

LV. Mllltory Academy .... 188
LVL Bunk oftlie nnlle<l States— Non-renewal

of Charter 1ST

LVIL Krrnr of De Tocquevllle, In relation to the

IIiiuM of Koprctentatlven . . ■ 208

LVIII. The Twenty-second Confess . . . 20S
LIX. Kcjectinn of Mr. Van Buren, Minister tu

Kiigland 214

hX. Bank of the Cnltetl SUtea— Illegal, and

Vicious Currency 220

LS.1, Error of Mnns. do Tocqnovlllo, In relation
to tlio Bank of the United States, the
Tresldent, and the People . . 224
LXIt. Expenses of the Oorcrnment . . .229
LXIIL Bank of the United States -Rechartei^

Commencement of the Proceedings 233

LXIV. Bank of the United States— Committee

of Investigation Ordered , , . 235
LXV. The Three per Cent Debt, and Loss In
not Paying It when the Bote was Low,
and the Money In the Bank of the
United States without Interest . 249

LXVI. Bank of the United States-Bill for the
Kocharter Reported in the Senate, and

Passed that Body 848

LXVIL Bank of the United SUtes-Blll for the
Renewed Charter Passed In the IIouso
of Representatives . . . , 250

LXVIII. The Veto 261

LXtX. The Protective System ... 265
L vX. Public Lands— Distribution to the Stetes 2T5
LX XL Settlement of French and Spaulsh Land

Claims 2T9

LXXIL "Effects of the Veto" .... 280
LXXIII. Presidential Election of 1882 . . 289
LXXIV. First Annual Message of President Jack-
son, after his Second Election . . 2S8

LXXV. Bank of The United SUtea— Dehty in
Paying the Three per Cents.— Com-
mittee of Investigation . . . 28T
LXXVL Abolition of Imprisonment for Debt . 291
LXXVn. Sale of United SUtes Stock in the Na-
tional Bank 894

LXXVIIL Nullification Ordinance in Sonth Caro-
lina 29T

LXXIX. Proclamation against Nalllfleation . 299
LXXX. Message on the South Carolina Proceed-
ings 808

LXXXL Reduction of Duties— Mr. Verpbnck's

Bill 808

LXXXIL Reduction of Duties— Mr. Clay's Bill . 813

CIIAI- FAoa.

LXXXin. Revenue Collection, or Force Bill . S-tl

LXXXIV. Mr. Calhoun's Nalllfleation Bceolutlona . SIM
LXXX V. Secret History of the •• Compromise " of

1833 841

LXXXVI. Cnmpmnilso Legliilation ; and the Act,

so called, of 1838 tu

LXXXVIL Virginia Resolutions of "gS-'dS — Disa-
bused oftlielr South Carolina Interpro-
tatlon— 1. Upon their Own Word*— 9.
Upon Cuntemporaneoiu Interpreta-
tion 84T

LXXXVin. Virginia Resolutions of 1798— Disabused

of Nulllflcation by their Author . . 8tM
LXXXIX The Author's own View of the Naturo
of Our Oovernment, as being a Union
In Contradistinction to a League ■ Pre-
sented In a Subsequent Speech on Mis-
souri Resolutions .... SAO
XC. Public Lands— Distribution of Proceeds 862
XCI. Commencement of the Twenty-third
Congress— The Members', and Presi-
dent's Message 869

XCIL Removal of the Deposits IVom tlio Bank

of the United States .... 878

XCIII. Bank Proceedings, on Seeing the Deci-
sion of the President, In relation to the
Removal of the Deposits . . . 879

XCIV. Report of the Secretary of the Treasury
to Congress on the Removal of the De-
posits 881

XGV. Nomination of Oovernment Directors,

and their B^ectinn .... 885
XC VL Secretary's Report on the Removal of the

Deposits 898

XCVIL Call on the President for a Copy of tlie

"Paper Bead to the Cabinet". . 899

XCVIIL Mistakes of Public Men-Oreat Oomoi-
nation against General Jackson — Com-
mencement of the Panic . . . 400
XCIX Mr. Clay's Speech against President Jock-
son on the Removal of the Deposits-
Extracts 409

C. Mr. Benton's Speech in Reply to Mr. Clay

— Extracts 406

CL Condemnation of President Jackson-
Mr. Calhoun's Speech— Extracts . 411

CIL Public Distress 4IS

CIIL Senatorial Condemnation of President
Jackson— bis Protest— Notice of the
Expunging Besolation . . . . 428

CIV. Mr. Webster's Plan of Belief . . 483
C V. Revival of the Gold Currency— Mr. Ben-
ton's Speech 486

CVL Attempted Investigation of the Bank of

the United SUtee .... 453
CVIL Mr. Taney's Report on the Finances—
Kxposnre of the Distress Alarms —

End ofthe Panic 462

CVIIL Revival of tlie Gold Currency . . 469
CIX. Rejection of Mr. Taney— Nominated fl>r

Secretary of the Treuoiy . * . 4T0

Dec

CXV. Comn

Prea

CXVL Report

CXVIL Frenci

CXVIIL French

Wrig

CXIX. French

CXX French

CXXL Attemi

Jacks

CXXIL Alabam

CXXIIL TheEx]

CXXIV. Expongl

Renev

CXXV. Branch I

Gold ]

Carollt

OXXVL BeguIaUt

CXXVIL Defeat of

loss of I

CXXVIIL DIstribnt

CXXIX Commeni

gress— :

CXXX. Abolition

Columb

OXXXL Mail Circi

tions

CXXXIL French i

Squadro

|CXXXIIL French Ini

^Indem

ICXXXIV. PieaidentJ

ICXXXV. BlaveiyAg

CXXXVL Bemovalof

|!XXXVIL Extension a

HI. AdDiMon(
Michigan

CONTENTS OF VOL L

PAOR. ^m

ex.

w. 8»4 H

CXI.

:> 1

CXII.
CXIIL
CXIV.

pro- ^1

cxv.

CXVL

CXVIL

ased ^1

CXVIIL

ituro H

CXIX.

nlon H

Mis- 1

KxedR 863 1
■third ■

CXX.
CXXI.

CXXIL
CXXIIL

Presl- ■

CXXIV.

Bank

8T8

CXXV.

Decl-

totb«

CXXVL

•

8T9

CXXVIL

rcasury

heDe-

881

cxxvin.

•

CXXIX.

■cctois,

I of the

885

CXXX.

of t>.e

893

OXXXL

•

3oiiii)l-

899

CXXXII.

-Com-

ion

CXXXIIL

jdta—

409

CXXXIV.
CXXXV.

r.CUf

CXXXVL

. .

406

JXXXVIL

k»on—
1

411

Kvxvm.

. •

415

esident

of the

428
483

8«n«tpri»l Investtfpktlon of th« Btnk of

the United SUt«* .... 4T0

DownlUlofthfl Bulk oftbe United 'Ttate* 4T1

Death of John Bindolph, nf Koknoak* 478

Death of Mr. Wirt 4TS

Death of thn last of the Bignen of the

Declaration of In(Iei>ondenc« . 476

Commenoement of the Beeslon, 1884-'8S :

Preatdent't Meaiage .... 477

BeportoftbeBankCommlttM . . 481

French Spoliations before 1800 . . 487

French Spoliations — Speech of Mr.
Wright, of New-Tork ... 489

French SpoUitlons-Mr. Webster's Speech COB

French Spollatlons-Mr. Benton's Speech 514
Attempted Aasoaslnatlon of President

Jackson SI

Alabsms Expunging Besolatlona . 524

The Expunging Besolutlon ... 688

Expunging Besolutlon: Bt^Jectod, and
Benewed 649

Branch Mints at New Orleans, and in the
Gold Beglons of Georgia and Kortb
Carolina 650

Begulation Deposit BUI . : . 653

Defeat of the Defence Appropriation, and
losaoftheFortlflcaUonBIU . . 654

Distribution of Bevenne ... 666

Commencement of Twenty-Fourth Con-
gress— President's Message . . 668

Abolition of Slavery in the District of

Columbia 5T6

Mail Circulation of Incendiary Publioa*

tlons 6S0

French AflUn— Approach of a French

Squadron— Apology Bequired . . 688
French Indemnities— British Mediation

— Indemnitlea Paid .... 600

President Jackson's Foreign Diplomacy 601

Slavery Agitation . . , . . 609

Bemoval of the Oberokeee flrom Georgia 624

Extension of the Missoari Boundary . 626

Admission of tlie States of Aikuuas snd
Michigan into the Union , . . MT

OBAP.

CXXXIX.

CXL.
CXLL

CXLIL
CXUIL

Attempted Inquiry Into the Military

Academy

Mllltery Academy— Speech of Mr. Pierce

Expunging Beeolatlon — reroratlon of
Senator Benton's Second Speech

Dlilrlbntion of the Land Bevenue .

Becharler of the District Banks— 8pe««h
of Mr. Benton— The Parts of Local and
Temporary Interest Omitted
CXLIV. Independence of Texas

CXLV. Texas Independence — Mr. Benton's
Speech

CXLVL The Specie Circular ....

CXLVIL Death of Mr. Madison, Fourth President
of the United Stetcs

CXLTIIL Death of Mr. Monroe, Fifth President of
the United States ....

CXLIX.
CU

CLL

CLIL

CUIL

CLIV.
CLV.
CLVI.

CLVIL

CLVIIL

CLIX.

CLX

CLXL

CLXIL
CLXIIL

CLXIV.

CLXV.

Death of Chief Justice Marshall .

Death of CoL Burr, Third Tiee-Presidcnt
oftbe United Stetes .

Death of William B. Giles, of ViiglnU .

Presidential ElecUon of 1886

Last Annual Message of President Jack>

Final Bemoval of the Indians
Becision oftbe Treasury Circular .
Distribution of Lands and Money— Vari-
ous Propositions ....
Military Academy— Its Biding House
Salt Tax-Mr. Benton's Fourth Speech

Expunghig Besolutlon- Preparation for
Decision

Expunging Besolation— Mr. Benton's
Third Speech

Expunging Besolutlon— Mr. Clay, Mr.
Calhoun, Mr. Webeteiv-Last Scene—
Besolutlon Passed and Executed

688

641

6:3
Ml

«5S

6C5

670
676

678

r9
691

681
683
668

684

690
694

TOT
713
T14

TIT

T19

T2T
T81

The Supreme Court— Judges and Offlccia

Farewell Address of President Jackson
—Extract TS9

Conclusion of General Jackmn's Adminis-
tration T8S

Setidng and Death of GraeTslJaekson—
Administration of Martin Van Buren T8>

tr. Ben-

Bank of

kncea—
■arms—

ktedlbr

463

463
409

4T0

I TirK w»r with
1812, and ended
but a necessary
duced several c
nxiints of deporti
I are necessary to
Idcrstand the subs
Inicnt, and the VI
Iproposcd to bo giv
1. It struggle!
at the finances am
rithout any prof*
kbr which it began,
rency — no money,
presented the san
[irst Bank of the I
St in 1811. Gold
bcased to be a curi
bf merchandise, ar
lo foreign countric
\j the general us(
luced to a small qi
■0 demand ; and, ]
lumbrous for a nal
verspread the Ian
overnment, havin^
kitution, was thr<
bans. They, unec
pmoved their ow
cie with profuse
Duble load of nii
lopped specie pa;
|ew England, whi
afavorable to the
Jen thr resort c
bey T, ere issued
^ing convertible
Vol. I.-

PRELIMINARY VIEW.

FROM 1S15 TO 1820

I TiiK war with Great Britain commenced in
1812, and ended in 1815. It was a short war,
I but a necessary and important one, and intro-
duced several changes, and made some new
I points of departure in American policy, wliich
I are necessary to be understoxl in order to un-
Idcrstand the subsequent working of the govcm-
Imcnt, and the VIEW of thai working which is
Iproposcd to bo given.

1. It struggled and labored under the state
of the finances and the currency, and terminated
vithout any professed settlement of the cause
|for which it began. Tliere was no national cur-
ency — no money, or its equivalent, wliich re-
presented the same value in all places. The
irst Bank of the United States had ceased to ex-
st in 1811. Gold, from being undervalued, had
eased to bo a currency — had become an article
bf merchandise, and of export — and was carried
foreign countries. Silver had been banished
by the general use of bank notes, had been re-
kuced to a small quantity, insufficient for a pub-
ic demand ; and, besides, wcidd have been too
lumbrous for a national currency. Local banks
]>erspread the land ; and upon these the federal
overnment, having lost the currency of the con-
Ititution, was thrown for a currency and for
bans. They, unequal to the task, and having
bnioved their own foundations by banishing
cie with profuse paper issues, sunk under the
Duble load of national and local wants, and
lopped specie payments — all except those of
|ew England, which section of the Union was
afavorable to the war. Treasury notes were
jen thf resort ot tiio federal government,
hey r, ere issued in great quantities; and not
king convertible into coin at the whl of the
Vol. I.— 1

holder, soon began to depreciate. In the second
year of the war the depreciation bad already be-
come enormous, especially towards the Canada
frontier, where the war raged, and where money
was most wanted. An officer setting out from
Washington with a supply of these notes found
them sunk one-third by the tiuie he arrived at
the northern frontier — his every three dollars
counting but two. After all, the treasury notcH
could not be used as a currency, neither legally,
nor in fact : they could only bo used to obtain
local bank paper — itself greatly depreciated.
All government securities were under par, even
for depreciated bank notes. Loans were obtain-
ed with great difficulty — at large discount — al-
most on the lender's own terms ; and still at
tainablo only in depreciated local bank notes.
In less than three years the government, para-
lyzed by the state of the finances, was forced to
seek peace, and to make it, without securing, by
any treaty stipulation, the object for which war
had been declared. Impressment was the object
— the main one, with the insults and the outra-
ges connected with it — and without which there
would have been no declaration of war. The
treaty of peace did not mention or allude to the
subject — the first time, perhaps, in modern his-
tory, in which a war was terminated by treaty
without any stipulation derived from its cause.
Mr. Jefferson, in 1807, rejected upon his own
responsibility, without eren its communiciation
to the Senate, the treaty of that year negotiated
by Messrs. Monroe and Pinkney, because it did
not contain an express renunciation of the prac-
tice of impressment — because it was silent on
that point. It was a treaty of great moment,
settled many troublesome questions, was very

PRF-LIMINARY VIEW,

(IcHirnhlc for what it mntnincl ; but ka it vtm
(dlent on the main point, it vrtm rojiTttnl, without
cvtn a irfiTC'iirp (o the Senate Now wc were
in B Iil<e comlition nfl<r a war. The war was
Htnigglini; for its own existcnro , .i<Ut the .state
'of tho llnanccR, and liiul to he stoppo*! withdut
Rociirinp; by treaty tlie oliject for wliirh it was
fler|are<l. Tlie ohjert waH ol)tnine(l, however,
by the war itself. It showeil tlio IJritish povern-
inont tliat tlio jKople of tlic United Stnte.s would
ti;::ht upon that fioint — that she would have war
ajrnin if she iinpressctl npiin : and there has been
no impre.xsment since. Near forty ymvf, witli-
out a rase ! wJitn wc were not as many days,
oftentimes, without oases before, and of the
most insultinpf and outrageous nature. The
spirit and patriotism of the people in furnishing
the supplies, volunteering for the service, and
standing to the contest in the general wreck of
the finances and the currency, without regard to
tlicir own losses — and the heroic courage of the
army and navy, and of the militia and volunteers,
made the war sticcessful and glorious in spite of
empty treasuries ; and extorted from a proud
empire that security in point of fact which diplo-
macy could not obtain as a treaty stipulation.
And it was well. Since, and now, and hence-
forth, we hold exemption from impressment as
we hold our independence — by right, and by
might — and now wiint the treaty acknowledg-
ment of no nation on either point. But the glo-
rious termination of the war did not cure the
evil of a ruined currency and defective finances,
nor render less impressive the financial lesson
wliich it taught. A return to the currency of
the constitution — to the hard-money government
which our fathers gave us — no connection with
banks — no bank paper for federal uses — the es-
tablishment of an independent treasury for the
federal government ; this was the financial les-
son which the war taught. The new generation
into whose hands the working of the government
fell during the Thirty Yeaiis, eventually availed
themselves of that lesson : — with what effect, the
state of the country since, unjirecedentedly pros-
perous; the state of the currency, never de-
ranged ; of the federal treasury, never polluted
with " unavailable funds," and constantly cram-
med to repletion with solid gold ; the i-ssue of
the Mexican war, carried on triumphantly with-
out a, national bank, and with the public securi-
ties constantly above par — sufficicntlj' proclaim.

No other tf^ninio but these results is noci'ssary
to fihow the value of that tlnnnciiil lesson, taught
us b}' the war of 1K12,

2. The establishment of the second national
bank grow out of this war. The failure of tho
local banks was enough to prove tho noccssity
of a national currency, and the re-establishment
of a national bank was the accepted rcme«ly.
No one seemed to think of the currency of the
constitution — especially of that gold currency
upon which the business of the world had been
carried on from tho beginning of the world, and
by empires whose cxi)cnses for a week were
equal to those of the United States for a year,
and which the framers of the constitution hofl so
carefully secured and guarded for their country.
A national bank was the only remedy thought
of. Its constitutionality was believed by some
to have been vindicated by the events of tho war.
Its expediency was generally admitted. Tho
whole argument turned upon tho word " neces-
sary," as used in the grant of implied powers en
tho end of tho enumeration of powers expressly
granted to Congress ; and this nceeasity was af-
firmed and denied on each side at tho time of the
establishment of tho first national bank, with a
firmness and steadiness which showed that these
fathers of the constitution know that tho whole
field of argument lay there. Washingtoirs que-
ries to his cabinet went to that point ; the close
reasoning of Hamilton and Jefferson turned up-
on it. And it is worthy of note, in order to show
how much war has to do with the working of
government, and tho trying of its powers, that
tho strongest illustration used by General Ham
ilton, and tho one, perhaps, which turned the
question in 'Washington's mind, was tho state
of the Indian war in tho Northwest, then just
become a charge upon tho new federal govern-
ment, and beginning to assume the serious char-
acter which it afterward attained. To carry on
war at that time, with such Indians as were
then, supported by tho British traders, them-
selves countenanced by their government, at
such a distance in the wilderness, and by the
young federal government, was a severe trial
upon the finances of the federal treasury, as well
as upon the courage and discipline of the troops;
and General Hamilton, the head of the treasury,
argvicd that with tho aid of a national bank, the
war would bo better and more successfully con-
ducted : and, therefore, that it was " necessary.'"

FROM 1R15 TO l«sn.

and n)itrht )>c esta))li.sh(><l ns • mcanM of oxpciitin^
a Kruntwl power, to wit. the powi-r of tnakirift '
unr. That war toniiiiiativl wi-ll ; and tlio hank I
liavini; Itccii cstahliNlivd in tim mean time, frot :
the cretlit of havinf^ furni.xhtMl jtM " wiiewH."
The war of 1812 Innpiished under tho 8tftto of
the flnanccH an<I tlic currency, no national bank
existing;; and this want seemcMl to all to be tho
cause of its difUcultieH, and to Rhow tho necessi-
ty for a bank. The second national bank was
then C8tablishe<l — many of its old, most able,
and conscientious op|)oncnts invinp; in to it, Mr.
.Madison at their head. Thus the question of a
national bank again grow up— prcw up out of
tho events of tho war — and was decided a^^ainst
tlm strict construction of tho constitution — to
tiic weakening of a princijdo which was funda-
mental in the working of tho government, and to
tiio damage of tho party which stood upon the
doctrine of a strict construction of tho constitu-
tion. But in tho course of the " Thirty Years "
of wliich it is proposed to tako a " View," Kome of
tho younger generation became impressed with
tho belief that tho constitutional currency had
not hod a fiur trial in that war of 1812 ! that, in
fact, it had had no trial at all ! that it was not
even in the field ! not even present at tho time
when it was supposed to havo failed ! and that
it was entitled to a trial before it was condemned.
That trial has been obtained The second nation-
al bank was left to expire upon its own limita-
tion. The gold currency and tho independent
treasury were established. Tho Mexican war
I tried them. They triumphed. And thus a na-
tional bank was shown to be " unnecessary,"
and therefore unconstitutional. And thus a
preat question of constitutional construction, and
of party division, three times decided by the
events of war, and twice against the constitution
and tho strict constructionists, was decided the
I Inst time in their favor ; and is entitled to stand,
I being the last, and the only one in which the
I constitutional currency had a trial.

3. The protection of American industry, as a
I substantive object, independent of the object of
[revenue, was a third question growing out of the
I war. Its incidental protection, under the rove-
I nuo clause in the constitution, had been always
[acknowledged, and granted ; but protection as a
Isubstantive object was a new question growing
lout of the state of things produced by tho war.
■Domestic manufactures had taken root and

in^wn up durinir tlie non-im|w>rtation p»'ri<>«U of
the rnibargo, and of hontilitics with (in-:\f Bri-
tain, and under the frmiKirnry double tliUi<"4
which cnsuef^the war, mid which wrro laid for f '*'»'«
revenue. They harl grown n|> to be a larp»
interest, and a new one, rlassing in important
after agricidturo and comnicnT. The want of
articles necessary to national definc»\ and of
others essential to indivirlual comfort — then
neither importeil nor made at home — had In'en
felt during tho interrtiption of commerce occa-
sioned by tho war ; and tho advantage of a
domestic supjily was brouglit Immo to the con-
viction of the public min'l. Tho question of
protection for the sake of protection was brouplit
forward, and carried (in the year 181(1) ; and
very unequivoc.illy ih the viiuimiim provision in
reKition to duties on cotton goods. This reversed
the old course of legislation — made protection
the object instead of the incident, and rcvcnuo
the incident instead of tho object; atid w.is
another instance of constitutional construction
being made dependent, not tipon its own words
but upon extrinsic, accidental ond transient cir
cumstances. It introduced a new and a largo
question of constitutional law, and of national
expediency, fnrnght with many and great conse-
quences, which fell upon tho period of tho
Thirty Years' View to settle, or to grapple
with.

4. Tho question of internal improvement
within tho States, by the federal government,
took a new and largo development after the war.
I'he want of facilities of transportation had been
felt in our military operations. Roads were bad,
and canals few ; and tho question of their con-
struction became a prominent topic in Congress
common turnpike roads — for railways had not
then been invented, nor had MacAdam yet given
his name to the class of roads which has since
borne it. The power was claimed as an incident
to the granted powers — as a means of doing
what was authorized — as a means of accomplish-
ing an end : and the word " necessary " at the
end of the enumerated powers, was the phrase
in which this incidental power was claimed to
have been found. It was the same derivation
which was found for tho creation of a national
bank, and involved very nearly the same division
of parties. It greatly complicated the national
j legislation from 1820 to 1850, bringing the two
! parts of our double system of government — Sta'o

PKKUMIN'ARY VIKW.

M'^^'

mil Ff<l<T»l— into MTimi* ilinnKrii'invnt, ktwl
tliiiatctiiiiK to niiniiriiiiiiHC tluir haniKniiuiiH
iK'tioii. <ira|i|il('il HJlli liy a htrmif^ hand, it
hi'I'IiuhI at o!iu tiiiiL' to liuvv U'cii Ncttlc*!, ami
C'iiisi).toiitiy with the rixlitM of Iho StattM ; but
KiinitiiiH'H ritiiriij* to vix llie <iililK!rationM of
(.'cjii^rfMi*. To tun itoi'ii'M tlio qurxtion did not
ixliiid. Tlii-y Jiim- no iM»Iiti<al rinlils under the
«oii>tituli<in, uiid are novfrni<l hy I'onjtriHs
(u'niidin(; to its difU'iriinn, undir tliut cIuuku
wliiili iiuthori/t's it to "diH|i<).sc' of and niai|icrty Jjclonnin^ to tlio United
^tatiH." Tlic iniprovtinint of rivcrn and Irnr-
Ijors, wiw a Itranch of the internal improvement
(|iiestion, but ri'.--liu;; on a dilllrent clau.te in
thi- constitution— the C(nnm<"-vjial and ruvenuf
clause — and became roiU|iie.\ and dilllcult fron»
lis extension to sinall and local objects. Tiie
jiarty of stritt ronstruetion contend for itH
restriction to natii)nid objects — rivers of national
character, and harbors yielding revenue.

5. The lH)uniIarieH between tlie treaty-mal;-
in^ and the letrislntivo (lepartnients of the
fiovoMMnent, licciinii' a subject of examination
ut'ier the war, and t;i\ve rise to questions deeply
fitl'ecting the working of these two departments.
A treaty is the supreme law of tlie land, and a.s
sui.li it becomes obligatory on tho House of
r.i presentutives to vote tlie money which it stipu-
lates, and to co-o])erate in forming tho laws
necessary to carry it into efl'ect. That is the
broad proiM).sitiou. The qualillcation is in the
question whether the treaty is confined to tho
business of tlic treaty-making iwwer ? to tho
subjects which fall under its jurisdiction ? and
does not encroach upon tho legislative power of
Congress ? This i;' lie qualification, and a vital
one : for if the Prctsiuent and Senate, by a treaty
with a foreign power, or a tribe of Indians, could
exercise ordinary legislation, nnd make it su-
premo, a double injury would have been done,
and to the prejudice of that branch of the
government whi h lies closest to the people, and
emanates most directly from them. Confine-
ment to their separate jun. dictions is tho duty
of each ; but if encroachmeais take place, which
is to judge ? If the Preside a; -'v.l Senate invai'o
tlie legislative field of Con;jrt^.-. whi';>' is to
judge ? or who is to judge bet^'/l.vn thiXi ? or is
each to judge for itself? 1 m llna'^- of Repre-
.jcntatives, and the Senate ;ii its k-fci ;Ii.,tive capa-

city, but iwiwcially tho IIoum\ bm th« groai
ronstilutioTial de|ioNitory of the li-)(iNlativu |)Owcr,
bii'omvit itM natural gtiardian mid defender, and
is entitled to deference, in tho went of a ditTer-
encu of opinion Iwtwcc") the two brani hen of the
government. The diftcuHHion« in CongroM Im«<
twcen lhi5 aiid IN20 greatly elucidated thu
(|uestion ; and wiiilo leaving unlmpugncd the
obligation of the llouso (o carry into I'tfect n
treaty duly mu<le by tho President and Svnate
within the limits of tho treaty making power —
upon mattcrfl subject to treaty regulation — yet
it belongH to tho House to judgu when these
limits havo been transcended, and to preserve
inviolate the field of legislation which tho consti-
tution has intrusted to tho ininicdiato represen-
tatives of the iieople.

C. The doctrine of secession — tho right of a
State, or a combination of States, to withdraw
from the Union, was born of that war. It was
repugnant to the New England States, and
op|)osed by them, not with arms, but with argu
ment and remonstranco, and refusal to vote
supplies. They had a convention, famous under
the namo of Hartford, to which the design of
secession was imputed. That design was novor
avowed by tho convention, or authentically
admitted by any leading member ; nor is it the
intent of <li> reference to decide upon the fact
of that (K'^ign. The only intent is to show that
the existence of that convention raised the ques-
tion of secession, and presented tho first instance
of the greatest danger in tho working of tho
double form of our government — that of a col-
lision between a part of tho States and tho
federal government. This question, and this
danger, first arose then — grow out of the war of
1812 — and were hushed by its sudden termina-
tion; but they have reappeared in a dificrent
quarter, and will come in to swell th'; objects of
the Thirtv Years' View. AttL. time >t ''
first appeal unce the right of secc-icn .■ '
pulsed and repudiated by tho di - , {
rally, and in a largo degree by the federal
party — the difference between a Union and a
Leaoue being better understood at that time
tvhen so many of tho fathers of the now govern'
ment were still alive. Tho leading language in
r'"<pcct to it south of the Potomac was, that no
atate had a right to withdraw from tho Union
uiat it required the same power to dissolve as
10 form the Union — and that any attempt tc

diiMolTo it, or to o
tional lawn, wax
(lolitiral particH i
exrhbngrd attitud
alter thu question
i'lteri's: fnim the
produce nuch chnn
tipc4*fita(ion during
A practical qurstior
Ykars; and thus
not M!ttlc<l.

7. Slavery agiti

time (1819-'L'0),

restriction on f

tion to hold .■i';i\c.<,

condition of hi .* 'id

tr bo biii'Thijj upon

tion « " yjtn the

lead, anii isoon swet)t

It was quieted, so f^

tion was concernei

without restriction,

remainder of tho Ja

west of that State, a

degrees, 30 minutes ;

of the southern bou

Kentucky. This wi

and was all clear g

of the question, and <

tho united slave sta

majority of that vote

tativos, and the undiv

administration. It w

divided free and slave

tho North than tho

divided about equally

all to tho North. It

immense extent of tcr

legally exist, over nea

left it only in Florid I r

opened "^r ■^n.yr terri

was an aumense con

holding States ; but tj

tion was not laid.

dilTercnt forms, first fr

of petitions to Congn

on tho subject ; then f

of exciting one half th

and laying the foundat

racy. With this new

tho men of the new gei

pie for tho whole peric

FROM l«lft TO isja

: .1 H-j

gc.

federal
N and a
at time

govern-
iguagein

that no
Union—
ssolve OS
empt tc

iliMoIre it, or to oJwtnjrt iho artion nf rotiKtitii-
tiiinal lawn, wiw tn-T' n. If. cinfi- tlint time,
|)olitiral partiea aic rtionnl lncnlitM't. Iiatc
(•xrhbnpT<| attitiiiioN on tliift <|ii<'Mtinn, it rnnnot
allor the qiicwtion of ri);ht, and inny n-iTivi- tumw
f'lttn's: from tiie dcvclopnunt of cniiwn whicli
jirodiice Mich clmnpr". HtTWHion, a qufNiion of
hp>rii1ailon during tlic war <>f IS|2, Iiun Iktouu!
n practical qiicKtion (almost) dtirinf^thu Thirty
Ykars; and tliiiH far haa Iwi-n " comitroiniswl,"
not M)ttlc<1.

7. Slavery np;itation took its rise during tliis
time (181»-'1.'0), (' li- Ibm of attempted
rcHtriction on tV S .»( ■ o; ^1' oiiri— a prohibi-
tion to hold ,j|;ivtii, to 1)0 plai"d Hjwn lier as a
rondition ofhi.''\d' I 'un inio the Union, and
tr bo biiiliii;'; upon hoi nftorwanls. This agita-
tion c M ic Com tho North, and »;r''ep a fe<lcrnl
load, and noon swept Iwtli parties into its vortex.
It waa quieted, so (hr as that form of tho ques-
tion was concerned, by admitting tho State
without restriction, and imposing it on tho
remainder of the Louisiana territory north and
west of tlii\t State, and above the parallel of 30
(icgrcus, 30 minutes ; which is tho prolongation
of tho southern boundary lino of Virginia and
Kentucky. This was called a "compromise,"
and was all clear gain to tho antislavery side
of the question, and was done under the lead of
tho united slave stato vote in the Senate, tho
majority of that vote in the House of Represen-
tatives, and the undivided sanction of a Southern
administration. It was a Southern measure, and
divided free and slave soil far more favorably to
tho North than tho ordinance of 1787. That
divided about equally: this of 1820 gave about
nil to the North. It abolished slavery over an
immense extent of territory where it might then
legally exist, over nearly tho whole of Louisiana,
left it only in Florid i piid Arkansas territory, and
opened •^c ''oiw territory to its existence. It
was an mmense concession to tho non-slave-
holding States ; but the genius of slavery agita-
tion was not laid. It reappeared, and under
different forms, first from the North, in the sluape
of petitions to Congress to influence legislation
on the subject ; then from tho South, as a meant,
of exciting one half the Union against the uthcr,
and laying the foundation for a Southern confede-
racy. With this new question, in all its forms,
the men of the new generation have had to grap-
ple for the whole period of the " Thirty Years."

H. Tlv 'r«r had rreati-*! • drbt. wliirh uddf^l
to a linlnnrv of tlmt of tlio Uevnlution. the pur-
cliiwi' >( I •xiimUu)*. mi'l 'utmf othrr ilrmx, »til|
amoiinit-d l.> inctr-twn . „,n.' <»f dollnr* n(
till" |>'ri<xloftli«(()infi lui:!!. ut i.i thin "View;"'
and tin- : '■•(blcm Wiw-. i-' In- w)lv«<l, wliollHrr a
national iU-l>t i ould Ik> paid and cxtiuv'Mi*!)''*) in :%
Heason of peoi-e, l(;iviii^ a nation wholly fH<'
from thalencunihraiKe; or wlictlur if wn<)toir<>
on increasing, i\ burthen in itKill", itnd nbMirt>iiii'
with its interest and i Imnges nn aiinnid (ortioii
of tho public rtvenue,-'. Tliut f>rf)l)l(in was
Holvwl, contrary to the e.xiKTienw of (he world,
and tho debt paiti ; and the prmlic ,il henetii
adde<l to the moral, of a <x)rre.s|(i>nding reduction
in tho public taxes.

9. I'ublic distress was a prominent fentiiro
of the times to 1)0 embraced in this Phkliminakv
ViKW. Tho Hank of tho United States was
chartered in 1810, and l)eforc 1820 had jx-rform-
e<l one of its cj'cles of delusive and b>il)l)lo jims-
pcrity, followed by actual and wide-sjir.-iid
calamity. The whole paper system, of which it
was tho head and tho citadel, after a vost e,\i>nn-
sion, had suddenly collapsed, spreading de.sola-
tion over tho land, and currying niin to debtors.
The years 1819 and '20 were a period of glooiu
and agony. No money, either gold or silver : no
paper convertible into sjiecie: no measure, or
standard of value, left remaining. The local
banks (all but those of New England), after a
brief resumption of sixscie payments, again sank
into a stato of suspension. Tho Bank of tho
United States, created as a remedy for all those
evils, now at the head of tho evil, pi-ostrate and
hclplcs-s, with no power left but that of suing its
debtors, and selling their property, and purchas-
ing for it.sclf at its own nominal price. No prico
for property, or produce. No sales but those of
the sheriff and the marshal. No purchasers at
execution sales but the creditor, or some hoarder
of money. No employment for industry — no
demand for labor — no sale for the product of tho
farm — no sound of the hammer, but that of tho
auctioneer, knocking down property. Stop
laws — property laws — replevin laws — stay law,H
— loan ofHce laws — the intervention of the legis-
lator between the creditor and the debtor : this
was the business of legislation in three-fourths
of the States of the Union — of all south and
west of New England. No medium of exchange
but dcprwiatfd paper: no change even, but

rRELIMINAUY VIKW.

little bits of foul papor, marked so many ceii'-",
and si^nieil by some tradesman, barber, or inn-
kcejicr: crchanRos dcran^i'd to the extent of
fifty or one hundred per cent. Distress, the
universal cry of the jK^plc : Ucliec, the univer-
sal demand thimdere*! at the doors of all legisla-
tures, State and federal. It was at the moment
when this distress had reached its maximum —
]H2U-'21— and had come with its accumulated
force upon the machine of the fctieral govern-
ment, that this ''View" of its working begins.
It is a doleful starting point, and may furnish
great matter for contrast, or comparison, at its
concluding period in 1850.

Sii' h were some of the questions growing out
of tiie war of 1812, or immediately ensuing its
termination. That war brought some difficul-
ties to the new generation, but also great advan-
tages, at the hcivd of them the elevation of the
national character throughout tho world. It
immensely elevated the national character, and,
as a consequence, put an end to insults and out-

rages to which we had l)ccn subject. No more
impressments : no more scarcliing our ships: no
more killing: no more carrying off to be forced
to 8er*e on Hritish ships against their own coun-
try. Tho national Hag became respected. It
became the A'.pK of those who were under it. The
national character ajJiH-ared in a new light
abroad. AVc were no longer considere<I as a
people so addicted to commerce as to bo insensi-
ble to insult: and we reaped all the advantages,
social, political, commercial, of this auspicious
cl lange. 1 1 was a war necessary to tho honor and
interest of tho United States, and was bravely
fought, and honorably concluded, and makes a
proud era in our history. I was not in public life
at the time it was declared, but have understood
from those who were, that, except for the exer-
tions of two men (Mr. Monroe in tho Cabinet,
and Mr. Clay in Congress), the declaration of
war could not have been obtained. Honor to
their memories 1

I'EKSONAI, A

All the duparti

td to great advj

of their administ

as Senator at ^

President; Gove

Mr. John Quinc

Mr. TV'illiain II

Treasury; Mr. t

War; Mr. Smith

relary of the Ni

master General;

General. These

partment, and it

any government,

more talent and

decorum, moro p

mass of informatic

ness, than was con

names. The legis

impressive. Tho i

eminent men who

services in tho fe

and some of then

history. From N(

King and Nathan I

Mr. Harrison Graj

Mr. Macon and Go'

tho two Governor!

Pleasants ; from

Gaillard, so often

tempore, of tho I

Smith; from Rhod

ter; from Kentuck;

fion; from Louisiai

Governor Ilcnry Jc

TIIIRTY YKAllS' VIEW.

CHAPTER T.

I'EUSONAL ASPECT OF THE OOVEl'.NMENT.

All the departments of the government api)ear-
cd to great advantage in the personal character
of theu' administrators at the time of my arrival
as Senator at Washington. Mr. Monroe was
President; Governor Tompkins, Vice-President ;
Mr. John Quincy Adams, Secretary of State;
Mr. William II. Crawford, Secretary of the
Treasury; Mr. John C. Calhoun, Secretary at
War ; Mr. Smith Thompson, of New- York, Sec-
retary of the Navy ; Mr. John McLean, Post-
master General ; William Wirt, Esq., Attorney
General. These constituted tho Executive De-
partment, and it would be difficult to find in
any government, in any country, at any time,
more talent and experience, more dignity and
decorum, more purity of private life, a larger
mass of information, and more addiction to busi-
ness, than, was comprised in this list of celebrated
names. The legislatiro department was equally
impressive. Tho Senate presented a long list of
eminent men who had become known by their
services in tho federal or State governments,
and some of them connected with its earliest
history. From New-York there were Mr. llufus
King and Nathan Sanford ; from Massachusetts,
Mr. Harrison Gray Otis ; from North Carolina,
Mr. Macon and Governor Stokes ; from Virginia,
tho two Governors, James liarbour and James
Pleasants; from South Carolina, Mr. John
Gaillard, so often and so long President, pro
tempore, of tho Senate, and Judgo William
Smith ; from Rhode Island, Mr. William Ilun-
ter ; from Kentucky, Colonel Richard M. John-
eon; from Louisiana, Mr. James Brown and
Governor Ilcnry Johnson ; from Maryland, Mr.

William Pinkney and Governor Edward Lloyd ;
from New Jersey, Mr. Samuel L. Southard ;
Colonel John Williams, of Tenncs.see ; William
K. King and Judgo AValker, from Alabama;
and many others of later date, afterwards be-
coming eminent, and who will be noted in their
places. In the House of Representatives there
was a great array of distinguished and of busi-
nci-s talent. Mr. Clay, Mr. Randolph, Mr.
Lowndes were there. Mr. Henry Baldwin and
Mr. John Sergeant, from Pennsylvania; Jlr.
John W. Taylor, Speaker, and Henry StoiTS,
from New-York ; Dr. Enstis, of revolutionary
memory, and Nathaniel Silsbee, of Massachu-
setts ; Mr. Louis McLane, from Delaware ; Gen-
eral Samuel Smith, from Maryland ; Mr. William
S. Archer, Mr. Philip P. Barbour, General John
Floyd, General Alexander Smythe, Mr. John
Tyler, Charles Fenton Mercer, George Tucker,
from Virginia; Mr. Lewis Williams, who
entered the House young, and remained long
enough to be called its "Father," Thomas II.
Hall, Weldon N. Edwards, Governor Ilutchins
G. Burton, from North Carolina; Governor
Earlo and Mr. Charles Pinckncy, from South
Carolina ; Mr. Thomas W. Cobb and Governor
George Gilmer, from Georgia ; Messrs. Richard
C. Anderson, Jr., David Trimble, George Robert-
son, Benjamin Hardin, and Governor Metcalfe,
from Kentucky ; Mr. John Rhea, of revolution-
ary service. Governor Ncw^ton Cannon, Francis
Jones, General John Cocke, from Tennessee ;
Messrs. John W. Campbell, John Sloan and
Henry Bush, from Ohio ; Mr. William Hen-
dricks, from Indiana; Thomas Butler, from
Louisiana ; Daniel P. Cook, from Illinois ; John
OrowcU, from Alabama ; Mr. Christopher Ran-
kin, from Mississippi ; and a great many othet
business men of worth and character from the

THIIITY YFLVRS" VIEW,

(liflercnt States, constitulinj? a national rcprc-
Hcntftf ion of prcat wtiKlit, eflicicncy and dfconiin.
The Supreme Court was still presided over liy
Chief Justice Marshall, almost septua^reuarian,
and still in the vif^r of liis intclltct, associated
with Mr. Justice Story, Mr. Justice Johnson, of
South Carolina, ^Ir. Justice Duval, and Mr.
Justice Washington, of Viririnia. Thus all the
departments, and all the branches of the govern-
ment, were ahly and decorously filled, and the
friends of pojjular representative institutions
might contemplate their administration with
pride ami pleasine, and challenge their com-
parison with any govcrninont in the world.

CHAPTEll TI.

ADMISSION OK TIIE ST.VTIv OF MISSOi:!!!.

This was the exciting and agitating question of
the session of 1820-'21. The question of re-
Btriction, that is, of prescribing the abolition of
slavery within her limits, had been "compro-
mised " the session before, by agreeing to admit
the State without restriction, and abolishing it in
;ill the remainder of the province of Louisiana,
north and west of the State of Slissouri, and
north of the parallel of 30 degrees, 30 minutes.
This "compromise" was the work of the South,
sustained by the united voice of Mr. Monroe's
cabinet, the united voices of tho Southern sena-
tors, and a majority of the Southern representa-
tives. The unanimity of the cabinet has been
shown, impliedly, by a letter of Mr. Monroe,
and positively by the Diary of Mr. John Quincy
Adams. The unanimity of the slave States in the
Senate, where the measure originated, is shown by
its journal, not on the motion to insert the section
constituting the compromise (for on that motion
the yeas and nays were not taken), but on the
motion to strike it out, when they were taken,
and showed 30 votes for the compromise, and 15
against it — every one of the latter from non-
slaveholding States — the former comprehending
every slave State veto present, and a few from
the North. As the constitutionality of this
compromise, and its binding force, have, in these
latter times, begun to be disputed, it is well to
give the list of the senators names voting for it,

that it may Iw seen that they were men of judg-
ment and weight, able to know what the const!
tution was, ami not apt to violate it. They were
Governor Barlwur and Governor Pleasants, ol
Virginia; Mr. James Brown and Governor
Ifenry Johnson, of Louisiana; Governor Ed-
wards and Judge Jc8.se B. Thomas, of Illinois;
Mr. Elliott and Jlr. Walker, of Georgia; Mr.
Gaillard, President, pro tempore, of the Senate
and Judge William Smith, from South Carolina
Mcssis, Horsey and Van Dyke, of Delaware ;
Colonel Richard M. Johnson and Judge Logan,
from Kentucky; Mr. William E. King, since
Vice-President of the United States, and Judge
John W. Walker, from Alabama ; Messrs. Leako
and Thomas IL Williams, of Mi.ssissippi ; Gov-
ernor Edward Lloyd, and the great jurist and
orator, William Pinkney, from Maryland ; 3Ir.
JIacon and Governor Stokes, from North Caro-
lina; Messrs. Walter Lowrio and Jonathan
Roberts, from Pennsylvania; Mr. Noble and
Judge Taylor, from Indiana ; Mr. Palmer, from
Vermont; Mr. Parrott, from New Ilampshira
This was the vote of the Senate for the compro-
mise. In the House, there was some division
among Southern members ; but the whole vote
in favor of it was 134, to 42 in the negative — the
latter comprising some Northern members, as
the former did a majority of the Southern —
among them one whose opinion had a weight
never exceeded by that of any other American
statesman, William Lowndes, of South Carolina.
This array of names shows the Missouri com-
promise to havo been a Southern measure, and
the event put the seal upon that character by
showing it to bo acceptable to the South. But
it had not allayed the Northern feeling against
an increase of slave States, then openly avowed
to be a question of political power between the
two sections of the Union. The State of Mis-
souri made her constitution, sanctioning slavery,
and forbidding the legislature to interfere with it.
This prohibition, not usual in State constitutions,
was the effect of the Missouri controversy and
of foreign interference, and was adopted for the 1
sake of peace — for the sake of internal tranquil-
lity — and to prevent the agitation of the slave
question, which could only be accomplished by
excluding it wholly from the forum of elections
and legislation. I was myself the instigator of
that prohibition, and the cause of its being put
into the constitution — though not a member of

I t!ic con vcntion — U
|n>:itation and to s
InNo a clau.se in it,
ll'rohibit the emigi
linto the State ; an
I in Congress to rcsi
lit was treated as ;
JfiHleral constitutio
Iprivilcgos in all
livery State, of wl
Icmigration was on
■being admitteil to
■States, tiii.s prohibi
■to be a violation of
tons. But the real
•lavery clause, and
|tlio State, which it
perpetuate. The co
lier application for a
\icT late delegate ar
John Scott ; and on
select committee.
Carolina, Mr. John
nd General Samuel
kppointed the comn
being from slave Stat
|y reported in favor o:
put the majority of t
s-ay, the resolution w
ly a clear slavery a
l.xceptions being but
If admission, and coi
ficir own State. Th(
If Massachusetts, and
llr. Bernard Smith,
Icnate, the applicatio
iinilar fate. The con
Jommittee of three,
Imith, of South Carol:
Ihodo Island, and M
pia, a majority of who
resolution of admi
Jassed the Senate — Me
' Maine, voting with
bt was rejected in t
kcs. A second reso
used the Senate, and
louse. A motion wai
' Mr. Clay to raise a
|ith any committee w
■ the Senate, " to co:
bate and the House

ANNO 1820. JAMES MONROR, PRESIDKNT.

! Senate
'arolina
clawaic ;
;e Logan,
ng, since
nd Judge
rs. Leako
pi; Gov-
urist and
and; Mr.
rth Caro-
Jonathan
^oble and
mer, from
[ampshirCL
ic compro-
ic division
yhole vote
lative — the
imbers, aa
outhern —
weight
American
Carolina,
iouri com-
isure, and
racter by
,th. But,
g against
avowed
_;wcen the
« of Mis-
slavery,
with it.
ititutions,
rersy and
for the
tranquil-
the slava
[ished by
elections
|igator of
iing put
imber of

I the convention — In'ing erjiially opposed to slavery
IdK'itation and to shivery extension. Thcra was
InNo a clause in it, authorizing the legislature to
Itirohibit the emigration of free people of color
(into the State ; and this clause was laid hold of
|in Congress to resist the adinission of the State.
lit was treat(!d as a breach of that clause in the
Ifcderal constitution, which guarantees equal
Iprivilegcs in all the States to the citizens of
livery State, of which privileges tho right of
emigration was one ; and free jicople of color
being admitted to citizenship in some of the
States, this prohibition of emigration was held
be a violation of that privilege in their pcr-
ons. But the real point of objection was the
lavery clause, and tho existence of slavery in
he Slate, which it sanctioned, and seemed to
rpctuate. The constitution of the State, and
er application for admission, was presented by
ler late delegate and representative elect, Mr.
ohn Scott ; and on his motion, was referred to
select committee, ilr. Lowndes, of South
arolina, Mr. John Sergeant, of Pennsylvania,
id General Samuel Smith, of Maryland, were
ppointed tho committee; and tho majority
cing from slave States, a resolution was quick-
ly reported in favor of the admission of the State,
ut the majority of the House being the other
ay, the resolution was rejected, 79 to 83 — and
ly a clear slavery and anti-slavery vote, the
xceptions being but three, and they on the side
f admission, and contrary to the sentiment of
licir own State. They were Mr. Henry Shaw,
if Massachusetts, and General Bloomfield and
jr. Bernard Smith, of New-Jersey. In the
lenate, the application of tho State shared a
milar fate. The constitution was referred to a
ramittce of three, Messrs. Judge William
mith, of South Carolina, Mr. James Burrill, of
hodo Island, and Mr. Macon, of North Caro-
iia, a majority of whom being from slave States,
resolution of admission was reported, and
issed the Senate — Messrs. Chandler and Holmes
Maine, voting with the friends of admission ;
t was rejected in the House of Rcprescnta-
cs. A second resolution to the same effect
scd the Senate, and was again rejected in the
o\isc. A motion was then made in the House
Mr. Clay to raise a committee to act jointly
|ith any committee which might bo appointed
the Senate, "to consider and report to the
nate and the House respectively, whether it

!)c expedient or not, to make pro\ision for the
ailmission of Missouri into the I'liion on tho
same footing as the original Sfate>i, and for the
due execution of tho laws of the United ."^tafes
within Missouri 7 and if not. wheth t any other,
and what provision adapte<l to her a<'tual condi-
tion ought to l>o made by law." This motion
was adopte<l by a majority of nearly two to
one — 101 to 55 — which shows a large vote in its
favor from the non-slaveholding States. Twenty-
three, being a number cqtial to the nuiuber of
tho States, were then appointed on the part of
the House, and were ; Messrs. Clay, Thomas "W.
Cobb, of Georgia; Mark Langdon Hill, of Ma.s-
sachusetts ; Philip P. Barbour, of Virginia ;
Henry 11. Storrs, of New-York; John Cocke,
of Tennessee, Christopher Rankin, of Mi.ssi.ssippi;
William S. Archer, of Virginia ; AVilliam Brown,
of Kentucky ; Samuel Eddy, from Rhode Island ;
William D. Ford, of New-York ; William Cul-
breth, Aaron llacklcy, of New- York ; Sanmel
Moore, of Pennsylvania, James Stevens, of Con-
necticut ; Thomas J. Rogers, from Pennsjivania ;
Henry Southard, of New- Jersey; John Ran-
dolph; James S. Smith, of North Carolina;
William Darlington, of Pennsylvania; Nathaniel
Pitcher, of New- York ; John Sloan, of Ohio, and
Henry Baldwin, of Pennsylvania. The Scnato
by a vote almost unanimous — 29 to 7 — agreed
to the joint committee proposed by tho llotiso
of Representatives ; and Messrs. John Holmes,
of Maine ; James Barbour, of Virginia ; Jon.v
than Roberts, of Pennsylvania ; David L. Mor-
ril, of New-Hampshire ; Samuel L. Southard, of
New-Jersey ; Colonel Richard M. Johnson, of
Kentucky ; and Rufus King, of New- York, to
be a committee on its part. The joint commit-
tee acted, and soon reported a resolution in favor
of the admission of the State, upon tho condition
that her legislature should first declare that tho
clause in her constitution relative to the frco
colored emigration into the State, should never
be construed to authorize the passage of any act
by which any citizen of either of tho States of
the Union should be excluded from the enjoy-
ment of any privilege to which he may be enti-
tled under the constitution of tho United States ;
and the President of tho United States being
furnished with a copy of said act, should, by
proclamation, declare the State to be admitted.
This resolution was passed in the House by a
close vote — 80 to 82 — several members from

THIRTY YEARS' VIEW,

non-HlavchoIding States voting for it. In the
Senate it was passed by two to one — 28 to 14;
and the rccpiircd declaration having been soon
niado by the GeniTal Assembly of MiKSOuri, and
communicated to the President, his proclamation
was issued aocordinply, and the State a<lniitted.
And thus ended the "' Missouri controversy," or
that form of the slavery question which under-
took to restrict a State from the privilcj>;o of
having sla\es if slic chose. Tho question itself,
under other forms, has survived, and still sur-
vives, but not under the formidable aspect which
it wore during that controversy, when it divided
Congress geographicallj', and uj)on the slave lino.
Tho real struggle wius political, and for the
balance of power, as frankly declared by Mr.
Rufus King, who disdained dissimulation ; and
in that struggle the non-sliiveholding States,
though defeated in tho State of Missouri, were
successful in producing tho "compromise," con-
ceived and passed as a Southern measure. The
resistance made to tho admission of the State on
account of the clause in relation to free people
of color, was only a mask to the real cause of
opposition, and has since shown to be so by the
facility with which many States, then voting in
a body against the admission of Missouri on that
account, now exclude the whole class of the free
colored emigrant population from their borders,
and without question, by statute, or by consti-
tutional amendment. For a while this formida-
ble Missouri question threatened the total over-
throw of all i)oliticaI parties upon principle, and
tho substitution of geographical parties discrimi-
nated by tho slave line, and of course destroying
the just and proper action of the federal govern-
ment, and leading eventually to a separation of
tho States. It was a federal movement, accru-
ing to the benefit of that party, and at first was
overwhelming, sweeping all tho Northern de-
mocracy into its current, and giving the supre-
macy to their adversaries. When this effect
was perceived the Northern democracy became
alarmed, and only wanted a turn or abatement
in tho popular feeling at homo, to take the first
opportunity to get rid of tho question by ad-
mitting the State, and re-establishing party lines
upon tho basis of political principle. This was
the decided feeling when I arrived at Washing-
ton, and many of the old Northern democracy
took early opportunities to declare themselves
to me to that efl'cct, and showed that they were

ready to vote the admission of tho State in on* I
form which would answer tho purpose, and savjl
themselves from going so far as to lose thtirl
own States, and give tho ascendant to their po
litical adversaries. In the Senate, Messrs. Ix)\v
He and Roberts, from Pennsylvania ; Messrs!
Morril and Parrott, frf)m New-Hampshire ;|
Messrs. Chandler and Holmes, iVom Maine;
Mr. William Hunter, fVom Rhode Island; anul
Mr. Southard, from New- Jersey, were of thall
class ; and I cannot refrain from classing withl
them Messrs. Horsey and Vandyke, from Dela-I
ware, which, though counted as a slave State, yct|
from its isolated and salient position, and small
number of slaves, seems more justly to belonj
to the other side. In the House tho vote ofl
nearly two to one in favor of Mr. Clay's resolu-
tion for a joint committee, and his being allowedl
to make out his own list of tho House commitT
tee (for it was well known that he drew up tlicl
list of names himself, and distributed it througM
the House to be voted), sufBciently attest 1;l'el
temper of that body, and showed tho determiiia*!
tion of tho great majority to have the questioii|
settled. Mr. Clay has been often compliment
as the author of tho " compromise " of 1820, id
spite of his repeated declaration to the contraryl
that measure coming from the Senate ; but he m
the undisputed author of the final settlement ofl
the Missouri controversy in the actual admissiool
of the State. He had many valuable coadjutors]
from the North — Baldwin, of Pennsylvania
Storrs and Meigs, of New-York j Shaw, of Ma
sachusetts: and he had also some opponentil
from the South — members refusing to vote fo|
the " conditional " admission of tho State, hold
ing her to be entitled to absolute admission-
among them Mr. Randolph. I have been minuU
in stating this controversy, and its settlemenlj
deeming it advantageous to tho public intere^
that history and posterity should see it in th
proper point of view ; and that it was a politic
movement for tho balance of power, balked b|
the Northern democracy, who saw their ov
overthrow, and the eventual separation of tb
States, in tho establishment of geographical pa
ties divided by a slavery and anti-slavery line.

CUA

riSANCE3.-KEI

The distress of tho
government. Small
diture then was, onl;
pf dollars (including
jient or incidental ob
lor the revenues of tl
Jrous period, Rcdu(

came the resort, ai

olicy in all times —

Ihc forced policy of t

|ar army was the firs

vhich tho reduction

vaa reduced nearly

!,000 men. The nav

Appropriation of on(

eing reduced to half

pen and armament (

ho like process. R(

blace at many other

pen of a clerkship ol

^ttorney General, w

clow the economica

kfler all a loan beca

president was authori:

dollars. The sun
ben to be raised for
^cnt, small as it no\
Duble the amount re
fcnses of the govcmi
cnse of its administr
Jachinery. More tha
■ incidental objects, 1
Irest of the public del
radual increase of th
bns, one and a hal
800,000 ; arms, muni
pall items, about two
dole about eleven mi
Ipense of keepmg tl
Dnt in operation, aboi
Id which was reduci
Jns after the reduc
lectcd. A sum of on
Id above the estim;
Ivernment, was alwaj

AXXO 182a JAME8 MONROE, nUlslDK.XT

CUAPTEU III.

FINANCE9.-KEDUCTI0N OP THE ARMY.

riiE distress of tho country became that of the
covcmment. Small as tho government expen-
diture then was, only about twenty-one millions
pf dollars (including eleven millions for perma-
nent or incidental objects), it was still too great
lor the revenues of the government at this disas-
trous period. Reductions of expense, and loans,
came the resort, and economy — that virtuous
olicy in all times — became the obligatory iind
Ihc forced policy of this time, Tho small regu-
lar army was the first, and the largest object on
s-liich tho reduction fell. Small as it was, it
Koa reduced nearly one-half — from 10,000 to
6,000 men. The navy felt it next — the annual
Appropriation of one million for its increase
cing reduced to half a million. The construc-
tion and armament of ibrtifications underwent
ho like process. Reductions of expense took
klace at many other points, and even the aboli-
ion of a clerkship of $800 in the office of the
Attorney General, was not deemed an pbject
clow the economical attention of Congress.
Liler all a loan became indispensable, and the
President was authorized to borrow five millions
dollars. The sum of twenty-one millions
hen to be raised for the service of the govern-
jicnt, small as it now appears, was more than
ouble the amount required for the actual ex-
lenses of tho government — for the actual ex-
pnse of its administration, or the working its
Machinery. More than half went to permanent
- incidental objects, to wit : principal and in-
Ircst of the public debt, five and a half millions ;
radual increase of the navy, one million ; pen-
pns, one and a half millions ; fortifications,
|BGO,000 ; arms, munitions, ordnance, and other
Ball items, about two millions ; making in the
liole about eleven millions, and leaving for the
Jpense of keepbg the machinery of govern-
cnt in operation, about ten millions of dollars ;
kd which was reduced to less than nine mil-
Ins after the reductions of this year were
Iccted. A sum of one million of dollars, over
Id above the estimated expenditure of the
Ivernmcnt, was always deemed necessary to be

provided and left in the treasury to meet con*
tinfrcncics — a sum which, though small in itself,
was alisolutfly unnecessary fur that pur|>oso,
and the necessity for which was fuumlcil in thu
mistaken idea that the government exiK>nd)(
every year, within tho year, the amount of its
income. This is entirely fallacious, and never did
and never can take place ; fur a lar(;c portion of
tho government payments accruing within the lat-
ter quarters of any year arc not paid until the next
year. And so on in every quarter of every year.
The sums becoming payable in each quarter
being in many instances, and from the nature of
^ tho service, only paid in tho next quarter, while
new revenue is coming in. This process regu-
larly going on always leaves a balance in tho
treasury at tho end of the year, not called for
until the beginning of the next year, and when
there is a receipt of money to meet tho demand,
even if there had been no balance in hand.
Thus, at tho end of tho year 1820, one of the
greatest depression, and when demands pressed
most rapidly upon the treasury, there was a
balance of above two millions of dollars in the
treasury — to be precise, $2,070,607 14, being
one-tenth of the annual revenue. In prosperous
years the balance is still larger, sometimes
amounting to the fourth, or tho fifth of the an-
nual revenue ; as may be seen in the successive
annual reports of tho finances. There is, there*
fore, no necessity to provide for keeping tny
balance as a reserve in the treasury, though in
later times this provision has been carii. d up to
six millions — a mistake which economy, the
science of administration, and the purity of the
government, requires to be corrected.

C H A P T E It J V

EELIEF OF PUBLIC LAND DEBTOKa

Distress was the cry of the day ; relief tho
general demand. State legislatures were occu-
pied in devising measures of local reUef ; Con-
gress in granting it to national debtors. Among
these was the great and prominent class of the
public land purchasers. The credit system then
prevailed, and the debt to the government had

THIRTV YEARS' VIEW.

trciinni1ntf<l to twcnty-tlirco millions of dollarR
—a larjrc Rum in itwif, but enormous when con-
siflcrofl in n-ffrcnec to the jmyors, </nly a small
proponion of the popiilafion, and they chiefly
the inliahitnnts of the new States and territories,
whose re^otirees were few. Their situation was
(leploralile. A licavy debt to pay, and lands
already partly paid for to be forfeited if full
payment was not made. The system was this:
the land was sold at a minimimi price of two
dollars per acre, one payment in hand and the
remainder in four annual instalments, with for-
feiture of all that had been paid if each succes-
sive instalment was not delivered to the day.
In the eap:erness to pi-ocurc fresh lands, and
stimulated by the delusive prosperity which
multitudes of banks created after tho war, there
was no limit to jjurchasers except in the ability
to make the first payment. That being accom-
plished, it was left to tho future to provide for
the remainder. Tho banks failed ; money van-
ished; instalments were becoming due whicli
could not be met ; and the opening of Congress
in November, 1820, was saluted by the arrival
of memorials from all the new States, showing
the distress, and praying relief to the purchasers
of tho public lands. The President, in his an-
nual message to Congress, deemed it his duty to
bring the subject before that body, and in doing
so recommended indulgence in consideration of
the unfavorable change which had occurred
since the sales. Both Houses of Congress took
up the subject, and a measure of relief was
devised by the Secretary of tho Treasury, Mr.
Crawford, which was equally desirable both to
the purchaser and the government. The prin-
ciple of the relief wiis to change all future sales
from the credit to the cash system, and to reduce
the minimum price of the lands to one dollar,
twentj'-five cents per acre, and to give all pre-
sent debtors the benefit of that sj'stem, by al-
lowing them to consolidate payments already
made on different tracts on any particular one,
relinquishing the rest ; and allowing a discount
for ready pay on all that had been entered,
equal to the difference between the former and
present minimum price. This released the pur-
chasers from debt, and the government from the
inconvenient relation of creditor to its own citi-
Bcns. A debt of twenty-three millions of dol-
lars was quietly got rid of, and purchasers were
inabled to save lands, at the reduced price, to

the amoimt of their payments already madci
and tlius saved in all coses their homes an
fields, and as much more of their purchases i
they were able to pay for at the reduced rati
It was an equitable arrangement of a difficiij
subject, and lacked but two features to make :
perfect ; _/ir«^ a pre-emptive right to all fir>(
settlers ; an<l, seconclly, a perio<Hcal reduction ol
price according to the length of time tho lani
should have been in market, so as to allow oil
different prices for different qualities, and tJ
accomi)lish in a reasonable time the sale of tli|
whole. Applications were made at that tin
for the establishment of the pre-emptive system j
but without effect, and, apparently without xh
prospect of eventual success. Not even a repori
of a committee could bo got in its favor — nothin|
more than temporary provisions, as special iJ
vers, in particular circumstances. But perscvJ
ranee was successful. The new States continued
to press the question, and finally prevailed ;
now the pre-emptive principle has bccom^ j
fixed part of our land system, permanently 'm
corporated with it, and to the equal advantaJ
of the settler and the government. The settia
gets a choice home in a new country, due to iJ
enterprise, courage, hardships and privations il
subduing the wilderness : the government gets I
body of cultivators whose labor gives value tl
the surrounding public lands, and whose couragT
and patriotism volunteers for the public defertj
whenever it is necessary. The second, or gradJ
ation principle, though much pressed, has iigj
yet been established, but its justice and poll
are self-evident, and the exertions to procure!
should not be intermitted until successful. TlJ
passage of this land relief bill was attended
incidents which showed the delicacy of meml
at that time, in voting on questions in wbiij
they might be interested. Many members
Congress were among the public land debtoij
and entitled to the relief to be granted. Oi
of their number. Senator William Smith, frcj
South Carolina, brought the point before
Senate on a motion to bo exciii>ed from votiJ
on account of his interest. The motion to excvj
was rejected, on the ground that his interest 1
general, in common • vith the country, and
particular, in relation to hunself : and that
constituents were entitled to the benefit of i
vote.

hereon," accompanied
blete with valuable si

AXNO 1920. JAMES MONROE, PKESIDENT.

CHAPTER v.

OI;EOON TEnuiTor.Y.

The session of 1820-21 k remarkable as being
^lic first at which any propoiiition was made in
Congress for the occupation and settlement of
kur territory on the Columbia River — the only
Lart then owned by the United States on the
Pacific coast. It \fPM made by Dr. Floyd, a rc-
prcscntativo from Virginia, an ardent man, of
rcat ability, and decision of character, and,
Jfrom an early rcside»iC0 in Kentucky, strongly
Imbued with western feelings, lie took up this
Subject with the energy which belonged to him,
Lnd it required not only cnercy, but courage, to
pmbrace a subject which, at that time, seemed
nore likely to bring ridicule than credit to its
kdrocatc. I had written and published some
Usays on the subject the year before, which he
bad read. Two gentlemen (Mr. Ramsay Crooks,
kf New- York, and Mr. Russell Farnham, of
jilassachusetts), who had been in the employ-
ncnt of Jlr. John Jacob Astor in founding his
lolony of Astoria, and carrying on the fur trade
In the northwest coast of America, were at
[Vashington that winter, and had their quarters
[t the same hotel (Brown's), where Dr. Floyd
nd I had ours. Their acquaintance was natu-
lally made by Western men like us — in fact. I
pew them before ; and their conversation, rich
mformation upon a new and interesting coun-
Iry, was eagerly devoured by the ardent spirit
If Floyd. He resolved to bring forward the
luestion of occupation, and did so. He moved
pr a select committee to consider and report
jpOD the subject. The committee was granted
ly the House, more through courtesy to u re-
pccted member, than with any view to business
bults. It was a committee of three, himself
hairman, according to parliamentary rule, and
|homas Metcalfe, of Kentucky (since Governor
the State), and Thomas V. Swearingen, from
Tcstcm Virginia, for his associates — both like
Jmself ardent men, and strong in western feel-
They reported a bill within six days after
lie committee was raised, " to authorize the oc-
ppation of the Columbia River, and to regulate
lade and intercourse with the Indian tribes
kereon," accompanied by an elaborate report,
kplete with valuable statistics, in support of the

roeasurv. The fur trade, the A.»iatic trade, and
the preservation of our own territory, were the
advantages proposed. The bill wa.s treated with
the parliamentary courtesy which n.'8|icct for
the ci^mntittcti required : it was rend twice, and
committed to a committee of the whole lIou.so
for the next day — most of the members not
considering it a serious proceeding. Nothing
further was done in the House that session, but
the first blow was struck : public attention wa.s
awakened, and the geograplucal, historical, and
statistical facts set forth in the rc])ort, made n
lodgment in the public mind which promised
eventual favorable consideration. I had not been
admitted to my seat in the Senate at the time,
but was soon after, and quickly came to the
support of Dr. Floyd's measure (who continued
to pursue it with zeal and ability) ; and at a
subsequent session presented some views on the
subject wliich will bear reproduction at this
time. The danger.of a contest with Great Bri-
tain, to whom we had admitted a joint posses-
sion, and who had already taken possession, was
Strongly suggested, if we delayed longer our own
occupation ; " and a vigorous eflbrt of policy, and
perhaps of arms, might bo neces.sary to break
her hold." Unauthorized, or individual occupa-
tion was intimated as a consequence of govern-
ment neglect, and what has since taken place
was foreshadowed in this sentence : " mere ad-
venturers may enter upon it, as .lUneas entered
upon the Tiber, ind as our forefathers came
upon the Potomac, the Delaware and the Hud-
sou, and renew the phenomenon of individuals
layhig the foundation of a future empire." The
efl'ect upon Asia of the arrival of an American
population on the coast of the Pacific Ocean was
thus exhibited : " Upon the people of Eastern
Asia the establishment of a civilized power on
the opposite coast of America, could not fail to
produce great and wonderful benefits. Science,
liberal prinqiples in government, and the true
religion, might cast their lights across the inter'
vening sea. The valley of the Columbia might
become the granary of China and Japan, and an
outlet to their imprisoned and exuberant popula-
tion. The inhabitants of the oldest and the
newest, the most despotic and the freest govern-
ments, would become the neighbors, and the
friends of each other. To my mind the proposition
is clear, that Eastern Asia and the two Americas,
as they become neighbors should become friends

THIRTY YEAIW VIEW.

»!i'l I for one had us liof wo Amcrimn miniHtors
pfiinjr to tho omiKTors of China and Japan, to
Iho kinff of Persia, and even to the Grand Turk,
iM to see them danrinp: attendance upon those
Kiiropoan lejjitimates who liold every thing
Anierirnn in contempt and detestation." Thus
I f:p()kc ; and thi.s I behove van tho first time
that a finppestion for scndinj? ministers to the
Oriental nations wa.s publicly made in the
United States. It was then a " wild " sugges-
tion: it is now history. Hesidcs the preserva-
tion of our own territory on tho Pacific, the
estnbhshment of a port there for the shelter of
onr commercial and military marine, the protec-
tion of tho fur trade and aid to the whaling
vessels, the accomplishment of Jfr. JcfTerson's
idea of a commercial communication with Asia
through tho heart of our own continent, was
constantly insisted upon as a consequence of
planting an American colony at the mouth of
tho Coliunbia. That man of large and useful
idoas — that statesman who could conceive mea-
sures useful to all mankind, and in all time to
come — was the first to propose that commercial
communication, and may also bo considered the
first discoverer of the Columbia River. His philo-
sophic mind told him that where a snow-clad
mountain, like that of the Kocky Jlountains,
shed tho waters on one side which collected into
such a river as the Jlissouri, there must be a
corresponding shedding and collection of waters
on tho other ; and thus he was perfectly assured
of the existence of a river where the Columbia
baa since been found to bo, although no naviga-
tor had seen its mouth and no explorer trod its
banks. His conviction was complete; but the
idea was too grand and useful to be permitted
to rest in speculation. He was then minister to
France, and the famous traveller Ledyard, hav-
ing arrived at Paris on his expedition of discov-
ery to tho Nile, was prevailed upon by Mr.
JefTcrson to enter i.^)on a fresher aad more use-
ful field of discovery. He proposed to him to
change his theatre from tho Old to the New
World, and. proceeding to St. Petersburg upon
a passport he would obtain for him, he should
there obtain permission from the Empress Cath-
arine to traverse her dominions in a high north-
ern latitude to their eastern extremity — cross
the sea from Kamschatka, or at Behring's Straits,
and descending the norihwest coast of America,
come down upon the river which must head op-

posite tho head of the Misrauri, a.sccnd it to jiti
Hounxs in tho Rocky Mountains, and then follo»l
the Missouri to tho French settlements on wA
Upper Mississippi ; and thence home. It wui
magnificent and a daring project of discoTcrrf
and on that accoimt the more captivating to tM
ardent spirit of Ledyard. lie undertook il-l
went to St. Petersburg — received tho pcrmissioil
of tho Empress— and had orrivcd in Sibcrjl
when ho was overtaken by a revocation of thd
permission, and conducted as a spy out of tf
country. Ho then re* arned to Paris, and
sumed his original design of that exploration ol|
tho Nile to its sources which terminated in
premature death, and deprived tho world of i
young and adventurous explorer, from who
ardour, courage, perseverance and genius,
and useful results were to have been expcctc
Mr. Jefferson was balked in that, his first i\\
tempt, to establish the existence of tho Columbii
River. But a time was coming for him to underj
take it under better auspices. He became Pr
sident of the United States, and in that charade
projected tho expedition of Lewis and Clark
obtained tho sanction of Congress, and sent t!icii
forth to discover the head and course of th
river (whoso mouth was then known), for
double purpose of opening an inland commcrcii
communication with Asia, and enlarging tii
boundaries of geographical science. The con
mercial object was placed first in his mcssagt
and as the object to legitimate the expedition
And thus Mr. Jefferson was the first to proj
the North American road to India, and the in
trodnction of Asiatic trade on that road ; and
that I myself have either said or written on thi
subject from the year 1819, when I first took
up, down to the present day when I still contei
for it, is nothing but the fruit of the seed planij
ed in my mind by the philosophic hand of Jl(
Jefferson. Honor to all those who shall assii
in accomplishing his great idea.

CHAPTER VI.

FLOEIDA TREATV AND CESSION OP TEXAS.

I WAS a member of the bar at St. Louis, in tiJ
then territory of Alissouri, in the year 18li

Itvht'n tho Washington C

llinown tho progress of th

■which was signe<l on tho

iMIoning, and whicli, in ac

\v»y Texas. I was shock

Urn of Texas, and tho new

jfor tho United States on

:qui.sition of Florida wa:

Ion;; sought, and sure to be

tress of events ; but the ne

tutting off Texas, dismemb

Mississippi, mutilated two i

Ironght a foreign dominioi

Voiding), to tho neighborh(

Lnd established a wildem

klissouri and New Mexicc

|rade, separate their inhabit;

iriid Indian depredators upc

lerty of all who undertook

Ihc other. I was not then

Lthing to do with political i

jince the whole evil of this

listantly raised my voice a

liiblishcd in the St. Louis

^liich were given, in adva

;asons against giving awav

■ere attcrwards, and by so

[t the expense of war and i

[ircn to get it back. I de

id attacked its authors anc

iprccatcd a woe on the 1

lould continue to favor it.

[alley of the Mississippi is

luntains, springs and flood

itcsmau who shall underta

rop of its water, one inch

)reign power." In these te

lis spirit I wrote, before 1

itified. Mr. John Quincy

iry of State, negotiator and

the treaty, was tho states

ly censure was directed, ar

iccre in my belief of his

[ut the declaration which h

the floor of the House, a

Insure on account of that

pe blame on the majority in

let, southern men, by whose

prcmed in ceding Texas and

'Which I so much conde

pthoritative declaration, I au

i Senate, the honorable ame

ANNO 1820. JAMIS MONR(^F. PRrstliKNT.

;XA8.

Iivhtn the W«shin(rton City ncwspapcm made

Iknown the prop-t'ss of thni treaty with Spain,

|«-hich WAfl sipicfl on the 22(1 day of February

If jllowin?, and wliicli, in acquiring; Florida, |;^vc

a»ay Texas. I wa« Jthocked at it— at the ccb-

Lion of Texas, and the new boundaries proposed

Ifor the United States on the southwest. The

cquisition of Florida was a desirnblo object,

kong sought, and sure to bo obtained in tho pro-

;rcs8 of events ; but the new boundaries, besides

tutting off Texas, dismembered tho valley of the

Mississippi, mutilated two of its noblest rivers,

Lroupht a foreign dominion (and it non-slavc-

Voliling), to tho neighborhood of Now Orleans,

knd established a wilderness barrier between

Missouri and New Mexico — to interrupt their

|ra(lc, separate their inhabitants, and shelter the

irijd Indian depredators upon tho lives and pro-

«rty of all who undertook to pass from ono to

llic other. I was not then in politics, and hod

Uthing to do with political affairs ; but I saw at

knee the whole evil of this great sr-crifice, and

istantly raised my voice against it in articles

kublishcd in tho St. Louis newspapers, and in

|rliich were given, in advance, all the national

(casons against giving away the country, which

ircre atlcrwards, and by so many tongues, and

It the expense of war and a hundred millions,

[ircn to get it back. I denounced tho treaty,

nd attacked its authors and their motives, and

nprccated a woe on the heads of those who

Ihould continue to favor it. "The magnificent

lallcy of the Mississippi is ours, with all its

puntains, springs and floods; and woe to the

atcsmau who shall undertake to surrender one

Irop of its water, one inch of its soil, to any

pign power." In these terms I spoke, and in

his spirit I wrote, before the treaty was even

Uificd. Mr. John Quincy Adams, the Secre-

prr of State, negotiator and ostensible author

' the treaty, was the statesman against whom

|iy censure was directed, and I was certainly

Mere in my belief of his great culpability.

|ut the declaration which he afterwards made

the floor of the House, absolved him from

bsurc on account of that treaty, and placed

le blame on the majority in Mr. Monroe's cabi-

jet, southern men, by whose vote he had been

pvcmed in ceding Texas and fixing the bound-

' which I so much condemned. After this

bthoritative declaration, I made, in my place in

! Senate, the honorable amends to Mr. Adams,

which was equally due to him and to nijsolf.
The treaty wa.s sifrned on tho anniversary of
tho birth-lay of Watdiington, am' sent to tho
Senate the same day, and unanimously ratitlcd
ou tho next day, with the genorul approbation
of the countr}', and tho warm applause of tho
newspaper press. This unanimity of the .Senate,
and applause of the press, made no iin|tression
upon me. I continue*! to assail tho treaty and
its authors, and tho more bittcrlj', because tho
official correspondence, when priblished, showed
that this great sacrifice of territory, rivers, and
proper boundaries, was all gratuitous and volun-
tary on our part — " that the Spanish F;otem-
ment had offered vs viore than ice accepted ; "
and that it was our policy, and not hers, which
had deprived us of Texas and the large country,
in addition to Texas, which lay between tho Red
River and Upper Arkansas. This was on enigma,
tho solution of which, in my mind, strongly
connected itself with the Missouri controversy
then raging (1819) with its greatest violence,
threatening existing political parties with sub-
version, and tho Union with dissolution. My
mind went there — to that controversy — for the
solution, but with a misdirection of its applica-
tion. I blamed the northern men in Mr. Mon-
roe's cabinet: tho private papers of General
Jackson, which have come to my hands, enable
mo to correct that error, and give me an inside
view of that which I could only see on the out-
side before. In a private letter from Mr. Mon-
roe to General Jackson, dated at Washington,
May 22d, 1820 — more than one year after tho
negotiation of the treaty, written to justify it,
and evidently called out by Mr. Clay's attack
upon it — are those passages: "Having long
known the repugnance with which the eastern
portion of our Union, or rather some of those
who have enjoyed its confidence (for I do not
think that tho people themselves have any inter-
est or wish of that kind), have seen its aggran-
dizement to the West and South, I have been
decidedly of opinion that we ought to be content
with Florida for the present, and until the pub-
lic opinion in that quarter shall be reconciled to
any further change. I mention these circum-
stances to show you that our difficulties are not
with Spain alone, but are likewise internal, pro-
ceeding from various causes, which certain men
are prompt to seize and turn to the account of
their own ambitious views." This paragraph

f !

TIIIIITY YEARS' VIF.W

fioin Mr. MonrrHi's It-ttor liflM the curtain which
ronci>nlv<l tlio wcrct rtaiton for ceding Texns—
that Kccrul wliifh explains what wan incomprc-
liinsihlf — our liaving refiist-d to acci'pt om much
ns Spain liml olllrwl. Internal didicullicH, it
wa.H thus shown, liad induced that refusal ; and
these dinicullies prcw out of the repugnance of
leading men in the northenut to see the further
a^'K^ondi/.llnl•nt of the Union upon the South
and Wvst. Tliis repugnance was then taiting
an ojierativc form in the whapc of the Missouri
contro\ersy ; and, m an immediate consequence,
threatened the subversion of political party lines,
and the introduction of the slavery question into
the federal elections an<l legislation, and bring-
ing into the highest of those elections— those of
President and Vice-President — a test which no
southern candidate could stand. Tlio repug-
nance in the northeast was not merely to terri-
torial aggrandizement in the southwest, bul. to
the conscfiuent extension of slavery in that quar-
ter; and to allay tha^ repugnance, and to pre-
vent the shivery extension question from becom-
ing a test in the presidential election, was the
true reason for giving away Texas, and the true
solution of the enigma involved in the strange
refusal to accept as nmch as Spain ofTercd. The
treaty was disapproved by Mr. Jefferson, to
whom a similar letter was written to that sent
to General Jackson, and for the same purpose —
to obtain his approbation; but ho who had ac-
quired Louisiana, and justly gloried in the act,
could not bear to see that noblo province muti-
lated, and returned his dissent to the act, and
his condemnation of the policy on which it was
done. General Jackson had yielded to the
arguments of Mr. Monroe, and consented to the
cession of Texas as a tcmporory measure. The
words of his answer to Mr. Monroe's letter
were : " I am clearly of your opinion, that, for
the present, we ought to bo contented with the
Floridas." But Mr. Jefferson would yield to no
temporary views of policy, and remained inflexi-
bly opposed to the treaty ; and in this ho was
consistent with Iiis own conduct in similar cir-
cumstances. Sixteen years before, he had been
in the same circumstances — at the time of the
acquisition of Louisiana — when ho had the same
icpugnancc to southwestern aggrandizement to
contend with, and the same bait (I'lorida) to
tempt him. Then eastern men raised the same
objections ; and as early as August 1803 — only

four months after the purcluuio of LouisiAna-l
he wrote to Dr. lirockcnri«lgo : '* Objections tnl
roixinK to the CMtward to the vast extent of oiiil
Iwundaries, and propositionn aro made to cx[
cliango Louisiana, or a part of it, for tho FlorJ
das ; but as 1 have said, we shall got the FIo^l
das without ; and I would not give one inch ofl
the waters of tho Mississippi to any forciml
nation." So that Mr. Jcflerson, neither in 18ol
nor in 1810, would have mutilated Ix)uisiana t«l
obtain the cession of Florida, which ho knenl
would bo obtained without that mutilation ; nol
would ho have yicMcd to tho threatening discon-l
tent in tho cast. I have a gratification thatl
without knowing it, and at a thousand m\h
from him, I took the samo ground that Mr. JifJ
fcrson stood on, and oven usc<l his own wonls;]
"Not an inch of tho waters of tho Mississippi t
any nation." But I was mortifled at the timcl
that not a paper in tho United States backed tniJ
essays. It was my first experience in stanciinj
" solitary and alone ; " but I stood it withoij
flinching, and even incurred tho imputatioL i
being opposed to the administration — had tg|
encounter that objection in my first election
the Senate, and was even viewed as an opponci)|
by Mr. Monroe himself, when I first camo
AVashington. IIo had reason to know befoni
his office expired, and still mr i ~ after it expir
that no one (of tho young ^cnerafion) hadi
more exalted opinion of his honesty, patriotism
firmness and general soundness of judgment ; i
would be more ready, whenever the occa8ioi|
permitted, to do justice to his long and illui
trious career of public service. The treaty, a^l
have said, was promptly and unanimously ran
fied by the American Senate ; not so on tli|
part of Spain. She hesitated, delayed, procn
tinated; and finally suffered the time limit«|
for the exchange of ratifications to expire, witli|
out having gono through that indispensaU
formality. Of course this put an end to t^
treaty, unless it could be revived ; and, then
upon, new negotiations and vehement expostulJ
tions against the conduct which refused to rati
a treaty negotiated upon full powers and in (
fonnity to instructions. It was in the ccun
of this renewed negotiation, and of these wa
expostulations, that Mr. Adams used the stroij
expressions to the Spanish ministry, so enig
tical at the time, " That Spain had offered nun
than we accepted, and that she dare not denj

'ANNO l»HK )MIV» MUNROr, rUU-^IUKNT.

il •• Fiii&ily, tflcr the lajiso of » j«ar or 80, the
trraty wwt relilietl l>y S|Miin. In thr inran time
Mr. Clay had mailu a niuvi'inent a^rtiinst it in thi;
House of KoprcKentativi'H, un.succ('s.sfiil. ofcourso,
but cxcitinj; some sensation, Iwth for llio reasons
he pftve ami tho vote of Honio thirty-odd mcni-
Irts who conciirrwl with him. Tiiis movement
vory certainly induced the letters of Mr. Monroe
to (jencral JuckHon and Mr. Jelltrson, as they
were contemporaneous (May, 182ft), and also
Bonie cxprcs.sions in the letter to Gonorul Jack-
son, whicli evidently referred to Mr. Clay's
movemcn'. Tho ratillcation of Spain was piven
October, 1820, and being after tho time limited,
it bccareo necessary to submit it again to tho
American Senate, which was done at tho session
of 1820-21. It was ratified again, and almost
unanimously, but not quite, four votes being
given against it, and all by western senators,
namely : Colonel Kichard M. Johnson, of Ken-
tucky ; Colonel John Williams, of Tenncssco ;
Mr. James Brown, of Louisiana, and Colonel
Trimble, of Ohio. I was then in Washington,
and a senator elect, though not yet entitled to a
scat, in consequence of the delayed admission of
the new State of Missouri into the Union, and so
I had no opportunity to record ray vote against
tiie treaty. But tho progress of events soon
gave mo an opportunity to manifest my opposi-
tion, and to appear in tho parliamentary history
03 an cnem}' to it. The cose was this : While
tho treaty was still encountering Spanish pro-
crastination in the delay of exchanging ratiiica-
Itioas, Mexico (to which tho amputated part of
1 Louisiana and the whole of Texas was to be at-
Itached), itself cca.sed to belong to Spain. She
I established her independence, repulsed ull Spa-
Inish authority, and remained at war with the
Imother country. The law for giving effect to
Itho treaty by providing for commissioners to
Irun and mark the new boundary, had not been
||iasscd at tho time of the ratification of the
[treaty ; it camo up after I took my seat, and
|was opposed by me. I opposed it, not only
upon the grounds of original objections to tho
^rcaty, but on the further and obvious ground,
khat the revolution in Mexico — her actual inde-
pendence — had superseded the Spanish treaty in
Iho whole article of the boundaries, and that it
rts with Mexico herself that we should now
ettlc them. The act was passed, however, by a
seeping majority, tho administration being for
2

if. and Hfnafors holding thrni'W'lvoH coinn)itte<l
by pnvioiid voto-i ; but tlie proj;r»'ss of «vt'iilM
Hoon just i lied my o;>i.<>Hiiii)n to it. Tho country
Ix'inj? in |)ossr8.>i<>n of Mexii-o, and kIu- at wnr
with Spain, no SjinniJi comnii-isiontTS roidd i;o
there to join ours in t-xiM-utiiig it; and so tin
act remained a diad letter upon tho statute-
book. Its futility was nflorwanls acknowlecleiMl
by our govermni'nt, and the misstep corrcctiMl
by establishing tho >iouniIary with Mexico lur-
self. This was done by treoty in tho year 1828,
adopting tho boiinilaries previously agriod upon
with Spain, and consequently amputating our
rivers (tho Red and tho Arkansas), and dis-
membering the valley of tho Mississippi, to tho
same extent as was done by the Spanish treaty
of 1819. I opposed the ratification of tho treaty
with Mexico for the same reason that I opposed
its oiiginal with Spain, but without sticcess.
Only two senators voted with me, namely.
Judge William Smith, of South Carolina, and
Mr. Powhatan Ellis, of Mississippi. Thus I saw
this treaty, which repulsed Texas, and dismem-
bered tho valley of tho Mississippi — which
placed a foreign dominion on tho upper halves
of tho Red River and the Arkansas — placed a
foreign power and a wilderness between Mis-
souri and New Mexico, and which brought a
non-slaveholding empire to tho boundary line
of tho State of Louisiana, and almost to tho
southwest corner of Missouri — saw this treaty
three times ratified by tho American Senate, ns
good as unanimously every time, and with the
hearty concurrence of the American press. Yet
I remained in tho Senate to sec, within a few
years, a political tempest sweeping tho land and
overturning all that stood before it, to get back
tliis very country which this treaty had given
away ; and menacing tho Union itself with dis-
solution, if it was not immediately done, and
without regard to consequences. But of this
hereafter. Tho point to be now noted of this
treaty of 1819, is, that it completed, very nearly,
the extinction of slave territory within tho limits
of the United States, and that it was tho work
of southern men, with tho sanction of the South.
It extinguished or cut off the slave territory
beyond tho MLssissippi, below 36 degrees, 30
minutes, all except the diagram in Arkansas,
which was soon to become a State. The Mis-
souri compromise line had interdicted slavery in
all the v&st expanse of Louisiana north of 36

!'-,r-

T^m

TIIIKTY YKAHS* \".T,U'.

(l.'KfWH, 3(> minuton j thin treaty (rave »wny. flrnt
to SjMiin, «n<l then to Mrxiro, noorly all i\\e
Hlnve territory nouth of that line; an-l what li>-
lle vfM Ifft hy Ihu Spaninh treaty woh as>ti^rnl'•l
in |)ori»ctiiity by lawn and by trcaticH to difforcnt
'In'lian trlbc«. Thcno trcatiM (Indinn and Spnn-
InIi), together with the Misnoiiri compromise
lino — % mcaiiuro contcmpor»ncoiis with the
treaty — cxtinKuiNht-d Hiavo noil in all the United
States territory west of tho MisniRdippi, except
in tho diagram which wa« to constitnto tho
State of ArkansaH } and, including tho extinction
in Texas consoqiicnt upon its ccsHion to a non-
slaveholdinK power, constituted tho largest tcr-
ritoriiil ntiolition of slavery that was ever effect-
ed by tho political power of any nation. Tho
ordinance of 1787 had previously extinguished
sliivory in all tho northwest territory — all tho
country east of tho Mississippi, above tho Ohio,
and out to tho great lakes; so that, at this
moment — era of tho second election of Mr. Mon-
roe— slave soil, except in Arkansas and Florida,
*ft8 extinct in tho territory of tho United States.
Tho growth of slave States (except of Arkansas
and Florida) was stopped ; tho increase of free
.states was permitted in al! tho vast expanse
from Lake Michigan and the Mississippi River to
the Rocky Mountains, and to Oregon ; and there
was not a ripple of discontent visible on the sur-
tace of tho public mind at this mighty transfor-
mation of slave into free tcrritcy. No talk then
about dissolving the Union, if evc-v citizen was
not allowed to go with all his " property," that
is, all his slaves, to all tho territory acquired by
tho "common blood and treasure" of all the
Union. But this belongs to the chapter of 1844,
whereof I have the material to write tho true and
secret history, and hope to use it with fairness,
with justice, and with moderation. Tho outside
view of the slave question in the United States
at this time, which any chronicler can write, is,
that the extension of slavery was then arrested,
circumscribed, and confined within narrow terri-
torial limits, while free States were permitted an
almost unlimited expansion. That is the out-
side view; the inside is, that all this was the
work of southern men, candidates for the presi-
dency, some in abeyance, some in prtssenti^ and
all yielding to that repugnance to territorial ag-
grandizement, and slavery extension in the south-
west, which Mr. Monroe mentioned in his letter
to General Jackson as the " internal diflBculty"

which orcaNioncil tho rexirion of Tviaii to Spain.
Thifi chapter is a |M)int in tho liictory of thotiaoi
which will require to Iw imdenttood by all who
wish to imdersland an<l appreciate tl>e eTtnti
and actors of twenty ycara later.

C II APT E R VII.

DEATH OF Mn. LOWNDES.

I HAP but a slight acquaintance with Mr,
Lowndc:^. He resigneil his place on account ol
declining health soon after I came into Congress;
but all that I saw of him confirmed the impres-
sion of tho exalted cliaracter which the public
voice had ascrilicd to him. Tirtue, modesty,
benevolence, patriotism were tho qualities of his
heart ; a sound judgment, a mild iM^rsuasive elo-
cution were tho attributes of his mind ; his man-
ners gentle, natural, cordial, and inexpressibly
engaging. lie was one of the galaxy, as it wm
well called, of the brilliant young men which
South Carolina sent to the House of Represent-
atives at the beginning of the war of 1812 — Cal-
houn, Choves, Lowndes ; — and was soon the
brightest star in that constellation. He was one
of those members, rare in all assemblies, who,
when he spoke, had » cluster around him, not
of friends, but of the House — members quitting
their distant seats, and gathering up close about
him, and showing by their attention, that each
one would feel it a personal loss to have missed
a word that he said. It was the attention ot
affectionate confidence. He imparted to others
the harmony of his ovro feelingfl, and was tli(
moderator as well as the leader of the House
and was followed by its sentiment in all case
in which inexorable party feeling, or some pow-
erful interest, did not rule the action of the mem-
bers,; and even then he was courteously and
deferentially treated. It was so the only time
I ever heard him speak — sessMn of 1820-21-
and on the inflammable subject of the admission
of the State of Missouri — a question on which t!ie
inflamed passions left no room for tho influenro
of reason and Judgment, and in which the mem-
bers voted by a geographical line. Mr. Lowndes
was of the democratic school, and strongly indi

t;iie<l for an early el

in'licatwl by the piil

1. 't by nny nweliin

manap-mt-nt— from

Kliriink, at fn>m tb

III" was nominated I

live State for tho elw

fore the event came i

[iresscfi that sentime

itKclf, and so Woiiiii

was true, "That th

ni itlier to bo xought,

the npe of forty-two ;

n^'e, and in the im|K.>r

country, was felt by

|iublic and national

biographies, but note

somo eminent deccas

f:irao belongs to the c

up its own title to tho

C H A P T

DEATH OP Wl

He died at Wawfiingti

tiie Congress of which

tho Supreme Court of

tioner. He fell like thi

of his strength, and oi

under the double laboi

and of the Senate, and

ccntration of thought

preparation of his specc

in his day the first o

will hardly keep that

cause ho sprfke more t

reader — to the present

avoided the careful \

speeches. He labored

for the effect of their d(

of present victory. He

the crowded gallery — tl

which went forth from

which crowned the effoi

lication of what was :

applause, giving as a rer

speech would not sust

delivered one. Ills fort

ANNO IS31 JAMES MONROF; PI»>ll>KNT.

taic><i for ut rtrly plcralion to th« pml
ini|u<»tc<l Uy the pultlio will •ml JuilKinenl, And
I, tt by nny mttohincry of imiivklual or |Mirtv
inan«t:t'mfnt — fhmi the tpproAch of whi<'h hv
vliriink, M from tliv touch of contaiuination.
Ill' wiw nominati'd l)y the lef^itlatiiro of his na-
tive Stftto for the election of 1H24 5 but dn-*! 'w-
Tore tho event came round. It wan he who cx-
(iri'M<«<i that Mentiinent, ho Jiiiit and beautiful in
itKt'If, and KO l)ti'oining in him bccauw in him it
was true, " That tho preHi«iency was an offlce
neither to bo Koupht, nor declinwl." Ho died at
tlie njjo of forty-two ; and his death at that early
n;;(', and in the ini|)endin){ circunutanucH of tlio
coimtry, was felt by those who know him as a
|iublic and national calamity. I do not write
biup;raphics, but note tho death and character of
gome eminent deceoKcd contemporaries, whoso
fame belongs to tho country, and goes to make
up its own title to tho respect of tho world.

CHAPTER VIII.

DE.vra OF WILLIAM MNKNEY.

Hg dird at Wowfiington during the session of
tlie Congress of which ho was a member, and of
the Supreme Court of which he was a practi-
tioner, lie fell like tho warrior, in the plenitude
of his strength, and on the ti^ld of his fame —
under the double labors of the Supren>u OoiTrt
and of tho Senate, and under the immense con-
centration of thought which he gave to the
preparation of his speeches. He was considered
in his day the first of American orators, but
will hardly keep that place with posterity, be-
cause he spcflve more to the hearer than to the
reader — to tho present than to the absent — and
avoided the careful publication of hia own
speeches. He labored them hard, but it was
for the effect of their delivery, ond the triumph
of present victory. Ho loved the admiration of
the crowded gallery — the trumpet-tongued fame
which went forth from the forum — the victory
which crowned the cflbrt ; but avoided the pub-
lication of what was received with so much
applause, giving as a reason that the published
fpeech would not sustain the renown of the
delivered one. Ilia/orte as a speaker lay in his

jiktirnicnt, hU loRio, 1ii>t \»*vr of Kr(;unH<nt{
hilt, like many oihiT nun "I' nrkniiwlfd);\'d pre-
cminonw in Home prent jt'1 of nature*, and who
are itiJI ainbitioiis of honu- inferior pift, he
courted hiri iin<i);tnnticin tiMi uiuch, and laid too
muchNtretM u|ion lu-tion and delivery — ho potent
upon the Hninll (*in-le of nitnal heareri*. but so
loNt upon tho national audieiiro which the prexH
now gives to a great i<|N'aker. In other rcH|)ectH
Mr. Pinkney wa« truly a great orator, rii;h in
his material, strong in his argument — clear,
natural and regular in the exposition of hin
Mubject, comprehensive in his views, and chaste
in his diction. His speeches, both senatorial
and forensic, were fully studied and laboriously
prepared — all tho argumentative parts carefully
digested under appropriat4) heads, and the showy
passages often fully written out and committed
to memory. Ho would not speak at nil except
upon preparation ; and at sexagenarian age —
that at which I knew him— was a model of
study and of labor to all young men. His la^t
speech in tho Senate was in reply to Mr. Uufus
King, on the Missouri question, and was tho
master effort of his life. The subject, the place,
tho audience, the antagonist, were all such as to
excite him to the utmost exertion. The subject
was a national controversy convulsing the Union
and menacing it with dissolution ; the place was
the American Senate ; the audience was Europe
and America; the antagonist was Princei>s
Senatus. illustrious for thirty years of diplo-
r.iatic atid senatorial service, and for great dig-
nity of I'fe and chaincter. He had ample time
for preparation, and availed himself of it. Mr.
King !iad spoken the session before, and pub-
lished the "Substance" of his speeches (for
there were two of them), after the adjournment
of Congress. They were the signal guns for the
Missouri controversy. It was to these published
speeches that Mr. P nkney replied, and with
the interval between two sessions to prepare.
It was a dazzling and overpowering reply, with
the prestige of having the union and the harmony
of the States for its object, and crowded with
rich material. The most brilliant part of it was
a highly-wrotight and Fplcndid amplification
(with illustrations from Greek and Roman his-
tory), of that passage in Mr. Burke's speech
upon " Conciliation with the Colonies," in which,
and in looking to the elements of American re-
sistance to British power, he looks to the spirit

THIRTY YEAIW VIEW.

of the Kiavcholdin); colonics as a iiiniu inf;n><li-
enl, and attributes to the masters of hlaves, who
are not themselves slaves, the higliest love of
liherty ami the most ditlieult tusk of sulijection.
1 1 was the most gorgeous speech ever delirored
iu the [Senate, and the most applauded ; but it
was only a magnilieent cxiiibition, as Mr. I'ink-
nt'y knew, and could not sustain in the reading
tlie plaudits it received in delivery ; and tiiere-
fore he avoided its publication. He gave but
litllo attention to the current business of the
Senate, only appearing in his place when the
'• Salaminian galley was to be launched,'' or
Bome sjKxial occasion called him — giving his
time and labor to the bar, wiiere his pride and
glory was. lie haii previously served in the
House of Representatives, and his lirst speech
there was attended by an incident illustrative of
Mr. Ilandolph's talent for delicate intimation,
and his punctilious sense of parliamentary eti-
quette. Jlr. I'mkney came into the House with
a national reputation, in the fulness of his fame,
and exciting a great expectation — which he was
ol)liged to fullil. He sijoke on the trcaty-
nuiking power— a question of diplomatic and
constitutional law ; and he having been minister
to half the courts of Europe, attorney general
of the United States, and a jurist by profession,
could only speak upon it in one way — as a great
master of the subject ; and, consequently, ap-
peared as if instructing the House. Mr. Ran-
dolph — a veteran of twenty years' parliamentary
service — thought a new member should serve
a little apprenticeship before he became an in-
structor, and wished to signify that to Jlr.
Pinkney. He had a gift, such as man never
had, at a delicate intimation where he desired
to give a hint, without offence; and he displayed
it on this occasion. He replied to Mr. Pinkney,
referring to him by the parliamentary designa-
tion of •' the member from Maryland ; " and
then pausing, as if not certain, added, " I believe
he is from Maryland." This implied doubt as
to where he came from, and consequently as to
who he was, amused Mr. Pinkney, who undcr-
Btood it perfectly, and taking 't right, went over
to Mr. Randolph's seat, introduced himself, and
assured him that he was ''from Maryland."
They became close friends for over after ; and it
was Mr. Randolph who first made known his
leath in the Uc>use of Representatives, intcrrupt-
ng for that purpose an angry debate, then

raging, with a l>cautiful and apt quotation from
the quarrel of Adam and Eve at their expulsion
from paradise. The published debates give this
account of it : ''Mr. Randolph rose to announce
to the House an event which he hoped would
put an end, at least for this day, to all further
jar or collision, here or elsewhere, among the
members of this body. Yes, for this one day,
at least, let us say, as our first mother said to
our lirst father —

' While yet we live, scarce one »liort hour pcrbapa,
Between us two let tliere be peace.'

" I rise to announce to the House the not un-
looked for death of a man who filled the first
place in the public estimation, in the first profes-
sion in that estimation, in this or in any other
country. Wo have been talking of General
Jackson, and a greater than him is, not here,
but gone for ever. I allude, sir, to the boast
of Maryland, and the pride of the United States
— the pride of all of us, but more particularly
the pride and ornament of the profession of
which you, Mr. Speaker (Mr. Philip P. Bar-
bour), are a member, and an eminent one."

Mr. Pinkney was kind and afiablo in his
temper, free from every taint of envy or jealousy,
conscious of his powers, and relying upon tiiem
alone for success. He was a model, as I have
already said, and it will bear repetition, to all
young men in his habits of study and applica-
tion, and at more than sixty years of age was
still a severe student. In politics he classed
democratically, and was one of the few of our
eminent public men who never seemed to think
of the presidency. Oratory was his glory, the
law his profession, the bar his theatre ; and his
service in Congress was only a brief episode,
dazzling each House, for ho was a momentary
member of each, with a single and splendid
speech.

CHAPTER IX.

ABOLITION OF THE INDIAN FACTORY BTSTEM.

The experience of the Indian factory system,
is an illustration of the unfitness of the federal
government to carry on any system of trade,
the liability of the benevolent designs of tbo gov-

ANXO 1822. JAMFS MOXROE, PRESIDENT.

entary
)lcndid

STEM.

rstem.

ledcral

trade,

L gov-

ernment to be abusefl, and the difficulty of de-
tecting and rcdrcs.sing abuses in the nianapemcnt 1
of our Indian airain<. Thi.s system originated in
the year 1790, under the recommendation of
President Wafihington, and was intended to
counteract the influence of the British traders,
then allowed to trade with the Indians of the
United States within our limits ; al.so to protect
the Indians from impositions from our own trad-
cr.'f, and for that purpose to sell them goods at
cost and carriage, and receive their furs and pel-
tries at fair and liberal prices ; and which being
sold on account of the United States, would de-
fray the expenses of the establishment, and pre-
serve the capital undiminished — to bo returned
to the treasury at the end of the experiment. The
goods were purchased at the expense of the Unit-
ed States — the superintendent and factors were
paid out of the treasury, and the whole system
was to be one of favor and benevolence to the
Indians, guarded by the usual amount of bonds
and oatlis prescribed by custom in such cases.
Being an experiment, it was first established by
a temporary act, limited to two years — the usual
way in which equivocal measures get a foothold
in legislation. It was soon suspected that this
system did not work as disinterestedly as had
been expected — that it was of no benefit to the
Indians — no counteraction to British traders —
an injury to our own fur trade — and a loss to
the United States ; and many attempts were
made to get rid of it, but in vain. It was kept
up by continued temporary renewals for a quar-
ter of a century — from 1796 to 1822 — the name
of Wasliington being always invoked to continue
abuses which he would have been the first to re-
press and punish. As a citizen of a frontier
State, I had seen the working of the system —
seen its inside working, and knew its operation
to bo entirely contrary to the benevolent de-
signs of its projectors. I communicated all
this, soon after my admission to a seat in the
Senate, to Mr. Calhoun, the Secretary at
War, to whose department the supervision of
this branch of service belonged, and proposed to
him the abolition of the system ; but he had too
good an opinion of the superintendent (then
Mr. Thomas L. McKinncy), to believe that any
thii^ was wrong in the business, and refused
his countenance to my proposition. Confident
that I was right, I determined to bring the ques-
tion before the Senate— did so— brought in a bill

to abolish the factories, and throw open the fur
trade to in<lividiial enterprise, and stipii<)rt''<l
the bill with all the facts and reasons of wliirh
I was master. The bill was carried tliroiij:}»
both Houses, ami became a law ; but not with-
out the strenuous opposition which tlie attack of
every abuse for ever encounters — not tliat any
member favored the abuse, but that tho<e inter-
ested in it were vijrilant and active, visiting the
members who wotdd permit such %ni.its, fiirnisli-
ing them with adverse statements, latiding the
operation of the system, and constantly lugiring
in the name of Washington as its author. When
the system was closed «ip, and the inside of it
seen, and the balance struck, it was found how
true all the representations were which had been
made against it. The Indians had been imposed
upon in the quality and prices of the poods .sold
them ; a general trade had been carried on with
the whites as well as with the Indians; larsrc
per ccntums had been charged upon every thins
sold; and the total capital of three hundred
thousand dollars was lost and gone. It was a
loss which, at that time (1822), was tonside. ^
large, but now (1850) would be considered
small ; but its history still has its uses, in show-
ing how differently from its theory a well in-
tended act may operate — how long the Indians
and the government may be cheated without
knowing it — and how difficult it is to get a bad
law discontinued (where there is an interest in
keeping it up), even though first adopted as n
temporary measure, and as a mere experiment.
It cost me a strenuous exertion — much labor in
collecting facts, and much speaking in layinf;
them before the Senate — to get this two years'
law discontinued, after twenty-five years of in-
jurious operation and costly experience. Of all
the branches of our service, that of the Indian
affairs is most liable to abuse, and its abuses the

most difficidt of detection. O-^^e^ t <' ic^.

CHAPTER X.

INTERNAL IMPEOVEMENT.

The Presidential election of 1824 was ap-
proaching, the candidates in the field, their re-
spective friends active and busy, and popular
topics for the canvass in earnest requisition. The

TIIIUTY YEARS' VIEW,

New- York canal harl juHt been complete<l, and
liad brought (i^reat popularity to itH principal ad-
vocate (De Witt Clinton), and excited a (crcat
a|i]M:tite in public men for that kind of fame.
Koails and canals — meaning common turnpike,
for the steam car ha»l not then been invented,
nor ^IcAdam impressed \ua name on the new
class of roads which afterwards wore it — were
all the vogue ; and the candidates for the Presi-
dency spread their sails upon the ocean of inter-
nal improvements. Congress was full of pro-
jects for different objects of improvement, and
the friends of each candidate exerted themselves
in rivalry of each other, under the supposition
that their opinions would stand for those of their
principals. Mr, Adams, Mr. Clay, and Jlr.
Calhoun, wore the avowed advocates of the mea-
sure, going thoroughly for a general national
system of internal improvement : Mr. Crawford
and General Jackson, under limitations and qua-
lifications. The Cumberland road, and the Chesa-
peake and Ohio canal, were the two prominent
objects discussed ; but the design extended to a
general system, and an act was finally passed, in-
t(nded to bo annual and permanent, toappropri-
alo $30,000 to make surveys of national routes.
Mr. Monroe signed this bill as being merely for
the collection of information, but the subject
drew from him the most elaborate and thorough-
ly considered opinion upon the general question
which has ever been delivered by any of our
statesmen. It was drawn out by the passage of
an act to provide for the preservation anH repair
of the Cumberland road, and was returned by
him to the House in which it originated, with his
objections, accompanied by a state paper, in ex-
position of his opinions upon the whole subject ;
for the whole subject was properly before him.
The act which he had to consider, though mod-
)stly entitled for the " preservation " and " re-
pair " of the Cumberland road, yet, in its mode
of accomplishing that purpose, assumed the whole
of the powers which were necessary to the exe-
cution of ft general system. It passed with sin-
gular unanimity through both Houses, in the
Senate, only seven votes against it, of which I af-.
terwards felt proud to have been one. He de-
nied the power ; but before examining the argu-
ments for and against it, very properly laid
down the amoimt and variety of jurisdiction and
authority which it would require the federal gov-
ernment to exercise witluii the States, in order

to execute a system, and that in each and cvirv
part — in every mile of each and every canal
road — it should undertake to construct. He be-
gan with acquiring the right of way, and pur-
sued it to its results in the construction and pru<
Bcrvation of the work, involving jurisdiction,
ownership, penal laws, and administration.
Commissioners, he said, must first bo appointed
to trace a route, and to acquire a right to the
ground over which the road or ca;.al wasto pass,
with a sufficient breadth for each. The ground
could only be acquired by voluntary grants from
individuals, or by purchases, or by condemna-
tion of the property, and fixing its value through
a jury of the vicinage, if they refused to give or
sell, or demanded an exorbitant price. After
all this was done, then came the repairs, the care
of which was to be of perpetual duration, and
of a kind to provide against criminal and wilful
injuries, as well as against the damages of acci-
dent, and deterioration from timo and use.
There are persons in every community capable
of committing voluntary injuries, of pulling
down walls that are made to sustain the road ;
of breaking the bridges over water-courses, and
breaking the road itself. Some living near it
might be disappointed that it did not pass through
their lands, and commit these acts of violence
and waste from revenge. To prevent these
crimes Congress must have a power to pass laws
to punish the offenders, wherever they may be
found. Jurisdiction over the road would not
be sufficient, though it were exclusive. There
must be power to follow the offenders wherever
they might go. It would seldom happen that the
parties would be detected in the act. They would
generally commit it in the night, and fly far off be-
fore the sun appeared. Right of pursuit must at-
tach, or the power of punishing become nugatory.
Tribunals, State or federal, must be invested I
with power to execute the law. Wilful injuries
would require all this assumption of power, and I
machinery of administration, to punish and pre-
vent ^hcm. Repair of natural deteriorations
would require the application of a diflbrent re- 1
medy. Toll gates, and persons to collect the
tolls, were the usual resort for repairing this
class of injuries, and keeping the road in order
Congress must have power to make such anestfr- 1
blishm^nt, and to enact a code of regulations
for it, with fines and penalties, and agents to
execute it. To all these exercises of authoritj

the question of the con
may be raised by the pr
position might not stop
might contest the righ
ment thus to possess an
roads and canals within
collision would be brouj
crnments, each claiming
dependent in its actions
pute.

Thus did Mr. Monroe
practical bearings, trace(
.«u!ts, and the various asi
difficulties with States oi
involved; and the bar
made — the bare presen
working of the system,
argument against it, as
rights, and therefore ui
might have added, as cc
able by the federal gov
inexpedient. But, afler i
examined it under every
derivation under which it
power, and found it to b
them, and virtually prohi
Tliese were, Jirst, the r
offices and post-roads ; gi
I third, to regulate commei
I fourth, the power to pay
I for the common defence a
the United States ; ffth
I cessary and proper to car
I ed (enumerated) powers ;
I to dispose of, and make a
gulations respecting the
I perty of the United Sta
I enuraeration of these clai
I Mr. Monroe well remarks
I tiplicity was an argument
jcach one was repudlatec
Jcates for each of the other
I could not agree among th(
I single source of the pow
I sought for from place to p
I which proclaimed its noi
I Still ho examined eadi hei
I order, and effectually disp<
jl. The post-office and p
Jword "establish" was tl
Ivid offices were the subjec
l»ct. And how ? Ask ai

ANNO 1823. JAMES MONROE, PRE- DEXT

the question of the constitutionality of the law
nmy be raised by the prosecuted party. But op-
position might not stop with individuals. States
might contest the right of the federal govern-
ment thus to possess and to manage all the great
roads and canals within their limits ; and then a
collision would be brought on between two gov-
ernments, each claiming to bo sovereign and in-
dependent in its actions over the subject in dis-
pute.

Thus did Mr. Monroe state the question in its
practical bearings, traced to their legitimate re-
sults, and the various assumptions of power, and
difficulties with States or individuals which they
involved; and the bare statement which he
made — the bare presentation of the practical
working of the system, constituted a complete
argument against it, as an invasion of State
rights, and therefore unconaittutional. and, he
might have added, as complex and unmanage-
able by the federal government, and therefore
Inexpedient. But, after stating the question, he
examined it under every head of constitutional
derivation under which its advocates claimed the
power, and found it to be granted by no one of
them, and virtually prohibited by some of them.
Tliese were, first, the right to establish post-
I offices and post-roads ; second, to declare war ;
third, to regulate commerce among the States ;
fourth, the power to pay the debts and provide
for the common defence and general welfare of
the United States ; fifth, to make all laws ne-
cessary and proper to carry into effect the grant-
ed (enumerated) powers ; sixth, from the power
to dispose of, and make all needful rules and re-
gulations respecting the territory or other pro-
I perty of tho United States. Upon this long
enumeration of these claimed sources of pcirer,
Jlr. Monroe well remarked that their very mul-
tiplicity was an argument against them, and that
each one was repudiated by some of the advo-
Icatcs for each of the others : that these advocates
I could not agree among themselves upon anyone
[single source of the power; and that it was
I sought for from place to place, with an assiduity
I n-hich proclaimed its non-existence any where.
■Still he examined eacb head of derivation in its
I order, and effectually disposed of each in its turn,
jl. Tho post-office and post-road grant. The
pord "establish" was the ruling term : roads
Lnd offices were the subjects on which it was to
iKt. And how ? Ask any number of enlight-

ened citizens, who had no coincction with p\ib-
lic affairs, and whoso minds were unprejudiced,
what was the meaning of the wortl "establish."'
and the extent of tho grant it controls, and there
would not be a difference of opinion among
them. They would answer that it was a power
given to Congress to legalize existing roads as
post routes, and existing places as post-offices —
to fix on the towns, court-houses, and other
places throughout the Union, at which there
should be post-offices ; the routes by which the
mails should be carried ; to fix the postages to
be paid ; and to protect the post-offices and mails
from robbery, by punishing those who commit
the offence. The idea of a right to lay off roads
to take the soil from tho proprietor against
his will ; to establish turnpikes and tolls ; to
establish a criminal code for the punishment
of injuries to the road ; to do what the protection
and repair of a road requires : these are things
which would never enter into his head. The use
of the existing road would be all that would be
thought of; the jurisdiction and soil remaining
in the State, or in those authorized by its legis-
lature to change the road at pleasure.

2. The war power. Mr. Monroe shows the
object of this grant of power to the federal gov-
ernment — the terms of the grant itself — its in-
cidents as enumerated in the constitution — the
exclusion of constructive incidents — and the per-
vading interference with the soil and jurisdiction
of the States which the assumption of the internal
improvement power by Congress would carry
along with it. He recites the grant of the power
to make war, as given to Congress, and prohi-
bited to the States, and enumerates the incidents
granted along with it, and necessary to carrying
on war : which are, to raise money by taxes,
duties, excises, and by loans ; to raise and sup-
port armies and a navy ; to provide for calling
out, arming, disciplining, and governing the mili-
tia, when in the service of the United States ; es-
tablishing fortifications, and to exercise exclusive
jurisdiction over the places granted by the State
legislatures for the sites of forts, magazines, ar-
senals, dock-yards, and other needful buildings.
And having shown this enumeration of incidents,
he very naturally concludes that it is an exclu-
sion of constructive incidents, and especially of
one so great in itself, and so much interfering
with the soil and jurisdiction of the States, as the
federal exercise of the road-making power would

•:': !■

rillRTY YEARS' VIEW.

bo. lie cxhibitH the iiiorniity of tliis intcrfcr-
cnre )>y a viuw of the oxton^ivc field over wliirh
it would operate. Tlie Unitetl Slntes are cx-
jjosed to inva,sioii throuph the whole extent of
their Atlantic coant (to which may now be add-
ed seventeen dcfrrecs of the I'Aciiic coast) by
any European power with whom we inifrht be
cngajred in war: on the northern and north-
western frontier, on the side of Cana-Ja. by Great
Britain, and on the southern by Spain, or any
power in alliance with her. If internal im-
provements are to be carried on to the full
extent to which they may be useful for military
puqwscs, the power, as it exists, mus*; apply to
all the roads of the Union, there being no limita-
tion to it. Wherever such improvements may
facilitate the march of troops, the transportation
of cannon, or otherwise aid the operations, or
mitigate the calamities of war along the coa.st,
or in the interior, they would be useful for mili-
tary purposes, and might therefore be made.
They must bo coextensive with the Union. The
power following as an incident to another power
can be measurcvl, as to its extent, by reference
only to the obvious extent of the power to which
it is incidental. It has been shown, after the
most liberal construction of all the enumerated
powers of the general government, that the ter-
ritory within the limits of the respective States
belonged to them ; that the United States had
no right, under the powers granted to them
(with the exceptions specified), to any the
smallest portion of territory within a State, r,ll
those power.s operating on a different principle,
and having their full effect without impairing, in
the slightest degree, this territorial right in the
States. By specifically granting the right, as to
such small portions of territory as might be ne-
cessary for these purposes (forts, arsenals, mag-
azines, dock-yards and other needful buildings),
and, on certain conditions, minutely and well
defined, it is manifest that it was not intended to
grant it, as to any other portion, for any purpose,
or in any manner whatever, ine right of the
general government must be complete, if a right
at all. It must extend to ery thing necessary
to the enjoyment and protection of the right.
It must extend to the seizure and condemnation
of the property, if necessary; to the punishment
of the offenders for injuries to the roads and
canals ; to the ostablishraeut and enforcement of
tolls J to the unobstructed construction, protec-

tion, and preservation of the road.<i. It nnuft ]m
a complete right, to the extent above stated, or
it will be of no avail. That right does not cxi-t,

3. The commercial power. Mr. Monroe ar-
gues that the sense in which the power to re;vi.
late commerce was imderstood and exercised Iv |
the Statcw, was doubtless that in which it was
transferre<l to the United States ; and then show,^ I
that their regulation of commerce was by the i
impo.sition of duties and imposts ; and that it wi\s
so regulated by them (before the adoption of the I
constitution), equally in respect to each other, [
and to foreign powers. The goods, and the ves-
sols employed in the trade, are the only subject I
of regulation. It can act on none other. He [
then shows the evil out of which that grant of
power grew, and which evil was, in fact, the pre- 1
dt-minating cause in the call for the convention
whi^i framed the federal constitution. Eacli |
State had the right to lay duties and impo.sts,
and exercised the right on narrow, jealous, and I
selfish principles. Instead of acting as a nation |
in regard to foreign powers, the States, individ-
ually, had commenced a system of restraint upon I
each other, whereby the interests of foreign
powers were promoted at their expense. This
contracted policy in some of the States was
counteracted by others. Ecstraints were imme-
diately laid on such commerce by the suffering
States ; and hence grew up a system of restric-
tions and retaliations, which destroyed the har-
mony of the States, and threatened the confederacy I
w'th dissolution. From this evil the new con<
stitution relieved us; and the federal government,
as successors to the States in the power to regu-
late commerce, immediately exercised it as they
had done, by laying duties and imposts, to act I
upon goods and vessels : and that was the end |
of the power.

4. To pay the debts and provide for the com- 1
mon defence and general welfare of the Union, I
Mr. Monroe considers this "common defence"!
and " general welfare " clause as being no grant i
of power, but, in themselves, only an object and I
end to be attained by the exercise of the cnume-l
rated powers. They are found in that sense in I
the preamble to the constitution, in company!
with others, as inducing causes to the formation I
of the instrument, and as benefits to be obtained I
by the powers granted in it. They stand thus in I
the preamble : " In order to form a more perfect!
union, establish justice, insure domestic tran-l

|r|iiil!ity, provide for the co
jilic pcncral welfare, and i
liUrty to ourselves and (
Jj!i(i establish this constil
Icbjc'cts to be accompii.she
Jfongrcss to do what it
Itliciii (in which case the
jni'cd for investing it with
IIh; accomplishe<I by the
Irranl-ed in the body of t
Ijlercd as a distinct an
loner to provide for tli
tiid the "general wclfar
jnould give to Congress
irhole force, and of all
luion — absorbing in theii

1 other powers, and rci
Inil restrictions nugatory
llicsc words forming an oi
limited power, suporsedinj
Imust be) abandoned. T]
I'nitcd States is a limited {
Jbr freat national purposci
bther interests are left to (
those duty it is to provi(
jnd canals fall into this cli
teneral Government beinj
I the exercise of the rig
Iruction, and protection,
liire. Mr. Monroe exam
lads made in territories,
■an countries, and the one
Iry below the 31st degr
Irith the consent of Spain
Itbcns in Georgia to New
quired the Floridas j and
\ objection to these territ(
I them, to the States, ex-t«
Jes the case of the Cun
Ithin the States, aud up
liish the United States
pded on any principle
|ht." He says of it : Tl

an article of compact
ites and the State of Ohi
kte came into the Union, i
pe attending it was to bt
IcatiDn of a certain portioi
I from the sales of the pu
kte. And, in this instanc
je exercised no act of juris
jwitlun either of the State

ANXO 1823. JAMFS MONROE, rRf>^inF.XT.

to act
leend

coin-
Union,
fence"
grant
cot and
cnume-
icnse in
)mpany
mation
btained
thus in
perfect
B tran-

f nillity, provide for the common defence, promote
the poneral welfare, and si-curc the hles,sin}r< of
lUrty to ourselves and our jwsterity, do ordain
,11(1 establish this constitution." These arc the
objects to bo accomplished, but not by allowing
("ansrcss to do what it pleased to accomplish
tliciii (in which case there would have been no
Ucd for investing it with specific powers), but to
{ih; accomplished by the exercise of the powers
nuiicd in the body of tlie instrument. Con-
i/l<:rcd as a distinct and separate grant, tho
owcr to provide for the ' common defence "
lid the " general welfure," or either of them,
ould give to Congress tho command of the
liolo force, and of all the resources of the
uioii — absorbing in their transcendental power
11 otber powers, and rendering all tho grants
jiJ restrictions nugatory and vain. The idea of
ihcsc words forming an original grant, with un-
iuiited power, superseding every other grant, is
must be) abandoned. The government of tho
pnited States is a limited government, instituted
r t'reat national pui-po.scs, and for those only.
thcr interests are left to the States individually,
hose duty it is to provide for them. Koads
d canals fall into this class, the powers of the
eneral Government being utterly incompetent
the exercise of the rights which their con-
ruction, and protection, and preservation re-
iiire. Mr. Monroe examines the instances of
lads made in territories, and through the In-
ian countries, and tho one upon Spanish tern-
iry below the 31st degree of north latitude
ith the consent of Spain), on the route from
thcns in Georgia to New Orleans, before we
uircd the Floridas ; and shows that there was
objection to these territorial roads, being all
them, to tbe States, ex-territorial. He exam-
s the case of the Cumberland road, made
thin the States, aad upon compact, but in
ich the United States exercised no power,
ndcd on any principle of "jurisdiction or
hi." He says of it : This road was founded
an article of compact between the United
tc8 and the State of Ohio, uuder which that
,tc came into the Union, and by which the ex-
se attending it was to be defrayed by the ap-
ati}n of a certain portion of the money aris-
from the sales of the public lands within the
tc. And, in this instance, the United States
c exercised no act of jurisdiction or sovereign-
within either of the States through which the

road nms, by taking the land from the proprie-
tors }iy force — by passing arts for the protection
of the road — or to raise a rcvi-nuc from it by the
cstablisluncnt of turnpikes and t<ills — or any
other act founded on the principk-s of jurisdic-
tion or right. And I can »nl<l, tliiU the bill
passed by Congress, and whicli rcctivud his veto,
died under his veto message, and has never been
revise*!, or attempted to be revised, since ; and
tho road itself has been abandoned to tlie States.
5. The power to make all laws which shall be
necessary and proper to carry into elTect the
powers specifically granted to Congress. This
power, as being the one which chiefly gave rise
to the latitudinarian constructions which dis-
criminated parties, when parties were founded
upon principle, is closely and clearly examined
by Mr. Monroe, and shown to be no grant of
power at all, nor authorizing Congress to do
any thing which might not have been done with-
out it, and only added to the enumerated powers,
through caution, to secure their .ximplete exe-
cution. He L-a,ys : I have always considered this
power as having been granted on a principle of
greater caution, to secure the complete execu-
tion of all the powers which had been vested in
the General Government. It contains no distinct
and specific power, as every other grant does,
such as to lay and collect taxes, to declare war,
to regulate commerce, and the like. Looking to
the whole scheme of the General Government, it
gives to Congress authority to make all laws
which should be deemed necessary and proper
for carrying all its powers into ellect. My im-
pression has invariably been, that this power
would have existed, substantially, if this grant
had not been made. It results, by necessary
implication (such is the tenor of the argument),
from the granted powers, and was only added
from caution, and to leave nothing to '"mplica-
tion. To act under it, it must first be shown
that the thing to be done is already specified in
one of the enumerated powers. This is the point
and substance of Mr. Monroe's opinion on this
incidental grant, and which has been the source
of division between parties from the foundation
of the government — tho fountain of latitudi-
nous construction — and which, taking the judg-
ment of Congress as the rule and measure of
what was " necessary and proper " in legislation,
takes a rule wliich puts an end to the limitations
of the constitution, refers all the powers of ^ha

''■I

I \>

THIRTY YEARS' VIEW.

botljr to iU own iliscretion, and bccomcH as absorb-
inj; and tranxccndt-ntal in its scope as the " gen-
eral welfare" and "common defence clauses "
would Itc themselves.

G. The ])0wer to dispose of, and make all nee j-
ful rules ami regulations resficcting the territory
or other property of the United States. This
clause, as a source of power for making roads
and canals within a State, Mr. Monroe disposes
of summarily, as having no relation whatever to
the subject. It grew out of the cessions of ter-
ritory which difl'ercnt States had made to the
United States, and relates solely to that terri-
tory (and to such as has been acquired since the
adoption of the constitution), and which lay
without the limits of a State. Special provision
was deemed necessary for such territory, the
main powers of the constitution operating inter-
nally, not being applicable or adequate thereto ;
and it follows that this power gives no authority,
and has even no bearing on the subject.

Such was this great state paper, delivered at
a time when internal improvement by the fede-
n>. government, having become an issue in the
canvass for the Presidency, and ardently advo-
cated by three of the candidates, and qualifiedly
by two others, had an immense current in its
favor, carrying many of the old strict constitu-
tionists along with it. Mr. Monroe stood ."^rm,
vetoed the bill which assumed jurisdiction over
the Cumberland rood, and drew up his senti-
ments in full, for the consideration of Congress
and the country. His argument is abridged
and condensed in this view of it ; but his posi-
tions and conclusions preserved in full, and with
scrupulous correctness. And the whole paper,
as an exposition of the differently understood
parts of the constitution, by one among those
most intimately acquainted with it, and as ap-
plicable to the whole question of constructive
powers, deserves to bo read and studied by every
student of our constitutional law. The only
point at which Mr. Monroe gave Way, or yielded
in the least, to the temper of the times, was in
admitting the power of appropriation— the right
of Congress to appropriate, but not to apply
tnoney — to internal improvements ; and in that
ho yielded against his earlier, and, as I believe,
better judgment. He had previously condemned
the appropriation as well as the application, but
finally yielded on this point to the counsels that
beset him J but nuptorially, as appropriation

without application was inoperative, an'' a balj
to the whole system. But an act was pa.«fi<!<j|
soon after for surveys— for making surveys c//l
routes for roads and canals of general and nation-l
al importance, and the sum of .^30,000 was ap.1
propriated for that purpose. The act was t|l
carefully guarded as words could do so, in ibl
limitation to objects of national importance, bull
only presented another to the innumerable iii.|
stances of the impotcncy of words in securin
the execution of a law. The selection of routal
under the act, rapidly degenerated from nationill
to sectional, from sectional to local, and from Io.l
cal to mere neighborhood improvements. Eitrirf
in the succeeding administration, a list of souiJ
ninety routes were reported to Congress, frou
the Engineer Department, in which occur
names of places hardly heard of before outsidi
of the State or section in which they wert
found. Saugatuck, Amounisuck, Pasumic, Wv,
nispiseogee, Piscataqua, Titonic Falls, Lake Men
phramagog, Conncaut Creek, Holmes' HolJ
Lovejoy's Narrows, Steele's Ledge, Cowheg
Androscoggin, Cobbiesconte, Ponceaupechau4
alias Soapy Joe, wore among the objects whicll
figured in the list for national improvemenlj
The bare reading of the list was a condemnatioj
of the act under which they were selected, i
put an end to the annual appropriations wh
were in the course of being made for these smf
vcys. No appropriation was made after the ye
1827. Afterwards the veto message of Tm
dent Jackson put an end to legislation u(o^
local routes, and the progress of events has witbj
drawn the whole subject — the subject of a syi
tern of national internal improvement, once 4
formidable and engrossing in the public mind-f
from the halls of Congress, and the discussion
of the people. Steamboats and steam-cars ban
superseded turnpikes and canals ; individual eil
terprise has dispensed with national IcgislatioJ
Hardly a great route exists in any State wl
is not occupied under State authority. E^iJ
great works accomplished by Congress, at vai
cost and long and bitter debates in Cong
and deemed eminently national at the time, baJ
lost that character, i.nd sunk into the class il
common routes. The Cumberkiid road, whkj
cost ^6,670,000 in money, and was a promiiiei
subject in Congress for thirty-four years— fr<
1802, when it was conceived to 1836, when it v
abandoned to the States : this road, once sr

GENERAL KEMOVJ

ASXO 1824. JAMta MOXKOE, PRF^IDKNT.

the yea:
of Prcal
Uon upi
las \ritb[
of a 8}^
once
mind-|
iiscussiod
cars ban
vidual eil
cgislatioij
;ate vhid
Ed
at vai
Congr
time, htij
te class li
lad, whi(j
irominei
,rs-f«
ten it \
ice sr

orbing >)Oth of public money and public atten-
iion, luM degenerated into a common hi|;hway,
^D(l is entirely superseded by the parallel rail-
route. The fiamo may be said, in a Ichs de-
e, of the Chesapeake and Ohio canal, once a
Lational object of federal legislation intended, as
Its nnmo imports, to connect the tide water of
he Atlantic with the grrat rivers of tho West ;
Lw a local canal, chiefly used by some com-
panies, very beneficial in its place, but sunk from
be national character which commanded for it
he votes of Congress and large appropriations
am the federal treasury. Mr. Monroe was one
|f the most cautious and deliberate of our pub-
; men, thoroughly acquainted with the theory
nd the working of the constitution, his opinions
Lpon it entitled to great weight ; and on this
oint (of internal improvement within the States
ly the federal government) his opinion has be-
lome law. But it does not touch the question
f improving national rivers or harbors yielding
bvcnue — appropriations for tho Ohio and Missis-
■ppi and other large streams, being easily had
}hcn imincumbered with local objects, as shown
- the appropriation, in a sopar-xte bill, in 1824,
' $75,000 for the improvement of these two
Irers, and which was approved and signed by
Ir. Monroe.

CHAPTER XI.

GENERAL BEMOVAL OF INDIANS.

it Indian tribes in the difterent sections of the
oion, had experienced very different fates — in
(e northern and middle States nearly extinct —
i the south and west they remained numerous
bd formidable. Before the war of 1812, with

eat Britain, these southern and western tribes
(Id vast, compact bodies of land in these

ates, preventing tho expansion of tue white
Jttlements within their limits, and retaining a
Lngerous neighbor within their borders. The
Ictories of General Jackson over the Creeks,
|d the territorial cessions which ensued made

! first great breach in this vast Indian domain ;
^t much remained to be done to free the south-

1 and western States from a useless and dan-

Dus population— to give them the use and
|risdiction of all the territory within their

lits, and to place them, in that respect, on an

equality with the northern and middle Stntos.
From the CArlifst |)erio<ls of the colonial s»ttlo-
mentB, it had been the policy of the f^vernment.
by successive ptirchasss of their territory, to
remove these tribi-a further and further to tho
west ; and that policy, vi)»)rouNly piirsur<I after
the war with Great Britain, had made much
progress in freeing Bev<;ral of these States (Ken-
tucky entirely, and Tennessee almost) from this
population, which so greatly hindered the expan-
sion of their settlements and so much chcckcil
the increase of their growth and strength. Still
there remained up to the year 1824 — the last
year of Mr. Monroe's administration — largo por-
tions of many of these States, and of the terri-
tories, in the hands of tho Indian tribes ; in
Georgia, nine and a half millions of acnxs ; in
Alabama, seven and a half millions ; in Missis^
sippi. fifteen and three quarter millions ; in tho
territory of Florida, four millions ; in the terri-
tory of Arkansas, fifteen and a half millions ;
in the State of Missouri, two millions and three
quarters ; in Indiana and Illinois, fifteen mil-
lions ; and in Michigan, east of the lake, seven
millions. All these States and territories were
desirous, and most justly and naturally so, *.o
get possession of these vast bodies of land,
generally the best within their limits. Georgia
held the United States bound by a compact to
relieve her. Justice to the other States and ter-
ritories required the same relief ; and the appli-
cations to the federal government, to which the
right of purchasing Indian lands, even within the
States, exclusively belonged, were incessant and
urgent. Piecemeal acquisitions, to end in get*
ting the whole, were the constant effort ; and it
was evident that the encumbered States and ter>
ritories would not, and certainly ought not to be
satisfied, until all their soil was open to settle-
ment, and subject to their jurisdiction. To the
Indians themselves it was equally essential to be
removed. The contact and pressure of the white
race was fatal to them. They had dwindled un-
der it, degenerated, become depraved, and whole
tribes extinct, or reduced to a few individuals,
wherever they attempted to remain in the old
States ; and could look for no other fate in the
new ones.

"What," exclainncd Mr Elliott, senator from
Georgia, in advocating a system of general re-
moval — " what has become of the immense hordes
of these people who once occupied the soil of tlie

■ , - 5,

THIRTY YF.APS' VIEW.

older StnJcs ? In New Plnplaml, whore niitncr-
oiiH nn<l wnrliko trilK-H once so flcrrcly contcn<U'<l
for si!iinTn!K-y with our forefathers, V>ut two
thoiisan<l fivo IniiKlred of their ilcsrendants re-
main, nntl they arc «lisiiirite(l and deprnded. Of
the jtowerfid leapiic of the Six Nations, so lonp the
Kcoiirpt" and ternjr of New- York, only nl)Out five
thousand souls remain. In New Jersey, Pennsyl-
vania, and Maryland, the nnmcrons and powerful
trihes once seen there, are cither extinct, or so re-
duced as to escape observation in any enumeration
of the States' iiihahifants. In Virginia, Mr. Jef-
ferson informs us that there were at the com-
mencement of its colonization (1007), in the com-
paratively small portion of her extent which lies
between the sea-coost and the mountains, and
from the Potomac to the most Boiithcm waters
of James Kiver, upwards of forty tribes of
Indians: now there are but forty-seven individ-
uals in tho whole State! In North Carolina
none arc counted ; in South Carolina only four
himdrcd and fifty. AVhilo in Georgia, where
thirty years since there were not less than thirty
thousand souls, there now remain some fifteen
thousand — the one Lalf having disappeared in a
single generation. That many of these people
have removed, and others perished by the sword
in the frequent wars which have occurred in the
progress of our settlements, I am free to admit.
But where are the hundreds of thousands, vrith
their descendants, who neither removed, nor
were thus destroyed ? Sir, like a promontory
of sand, exposed to the ceaseless encroachments
of the ocean, they have been gradually wasting
away before tho current of the advancing white
population which set in upon them from every
quarter; -nd unless speedily removed beyond
the influence of this cause, of the many tens of
thousands now within the limits of the southern
and western States, a remnant will not long be
found to point you to the graves of their ances-
tors, or to relate tho sad story of their disap-
pearance from earth."

Mr. Jefferson, that statesman in fact as well
as in name, that man of enlarged and compre-
hensive views, whoso p.'orogative it was to fore-
see evils and provide againi-t them, had long fore-
seen the evils both to the Indians and to the
whites, in retaining any part of these tribes within
our organized limits; and upon tho first acquisi-
tion of Louisiana — w^ithin three months after the
Kquisition — ^proposed it for the future residence

of all the tribes on the east of tho MisKL>isi[[.
and his plan had I)oen acted upon in Fomc c
gnx», I)Otli by himself and his immediate siiro.
sor. But it was reserved for Mr. Monroe's t'j
ministration to take up the subject in its w
sense, to move upon it as a system, and to t,\
complish at a single operation tho removal i
all the triljes from the east to the west side (
the Mis.sissippi — from tho settled States andij
ritorics, to the wide and wild expanse of I.oui/
ana. Their preservation and civilization, jji
permanency in their new possessions, were toll
their advantages in this removal — delusive,
might be, but still a respite from impending c
struction if they remained where they were. TlJ
comprehensive plan was advocated by Mr. Cjl
houn, then Secretary of ^Var, and charged va
the administration of Indian affairs. It was a [j'J
of incalculable value to the southern and wcj
em States, but impracticable without the heart
concurrence of the northern and non-slavchokiij
States. It might awaken the slavery questioi
hardly got to sleep after the alarming agitatioj
of the Missouri controversy. The States i
territories to be relieved were slaveholding.
remove tho Indians would make room for tlj
spread of slaves. No removal could be eflccli
without the double process of a treaty and i
appropriation act — the treaty to be ratified i|
two thirds of the Senate, where the slave i
free States were equal, and the appropriation |
bo obtained from Congress, where free Stal
held the majority of members. It was evid
that the execution of the whole plan was in
hands of the free States ; and nobly did they ^
their duty by the South. Some societies,
some individuals, no doubt, with very hun
motives, but with the folly, and blindness, j
injury to the objects of their care which gencr
attend a gratuitous interference with the affal
of others, attempted to raise an outcry, and niij
themselves busy to frustrate the plan ; but I
free States themselves, in their federal acti
and through the proper exponents of their »
1— their delefiitions in Congress — cordially
currcd in it, and faithfully lent it a helping i
efiBcient hand. The Pre.sident, Mr. Monrotl
the session 1824-'25, recommended its adopiil
to Congress, and asked the necessary appropij
tion to begin from the Oongress. A bill wasj
ported in the Senate for that purpose, and un
mously passed that body. What is mq

treaties made with
fibos in 182'i, for th

ANNO 182t. JAMKS MoNUOf; mFSIUKNT.

trc^tioH made with the Kanwu and Osage
fi{)Os in 182.J, for the cefwk)n to the United
kati* of all their vast territory wcHtof MisHoiiri
h(l Arkanww, except small reserves to them-
klros, and which treaties hod been made with-
lit previous authority from the government, and
Ir thi' purpose of acijuirinf; new homes for all
L Indians east of tho Mississippi, were duly
^(1 rondily ratified. Those treaties were made
; St. Louis by General Clarke, without any au-
Lority, so far as this large acquisition was con-
Irnod, at my instance, and upon my assurance
lat the Senate would ratify them. It was done.
hey were ratified : a great act of justice was
Indireil to the South. Tho foundation was
|J for tho future removal of tho Indians, which
I followed up by subsequent treaties and acts
' Con,;res3, until tho southern and western
ales were as free as the northern from tho in-
jimbrance of an In<lian population ; and I, who
i an (\ctor in these transactions, wlio reported
: bills and advocated the treaties which brought
lis gnat benefit to tho south and west, and
Itnegsed the cordial support of the nem-
Irs from the free States, without whoso con-
irrence they could not have been passed — I,
p wish for harmony and concord am«ng all
States, and all the sections of this Union,
tc it to tho cause of truth and justice, and to
cultivation of fraternal feelings, to bear
faithful testimony to tho just and liberal
^duct of the non-slaveholding States, in re-
ling tho southern and western States from
I large an incumbrance, and aiding the extcn-
|n of their settlement and cultivation. The
ommendation of Mr. Monroe, and the treaties
1 1825, were the beginning of the system of
al removal; but it was a beginning which
lured the success of tho whole plan, and
Is followed up, as will be seen, in tho history
pch case, until the entire system was accom-
kcd.

CHAPTER XII.

BIT OF LAFAYETTE *rO THE UNITED STATES.

Ithe summer of this year General Lafayette,
ocpanicd by his son, Mr. George Washing-
I Lafayette, and under an invitation from the
isidcnt revisited the United States after a

lapse of forty years. II • wa-i recfiMil with un-
l)oun<Ie<l honor, atrcction, and grntituilu by the
American jifojiK'. To the sMrvi\ors of tin- UfVi*-
liition, it wrs the return oi a limtluT ; to tl>e
new generation, l)<)rii since tlmt time, it wns tho
apparition of ••' istoricul clmrncti'r, familiar
from tho cradle ; and comliiniii'; all tin- titles to
love, admiration, gratitude, cnthu^itusin, which
could act upon the heart and the iiiia).'iiiatiun of
tho young ond tho ardent. He vi.^iled every
Stato in tho Union, doubled in nuinber .since, as
tho friend and pupil of Washington, ho had spilt
Ills blood, and lavished his foi tune, for their in-
dependence. His progress through the States
was a triumphal proces-siun, such iw< no llonian
ever led up — a procession not through a city,
but over a continent — followed, not by captives
in chains of iron, but by a nation in the bondd
of all'ection. To him it was an unexpected nud
ovcriHJwering reception. His modest estimate of
himself had not allowed him to suppose that ho
was to electrify a continent. He expected kind-
ness, but not enthusiasm. He expected to meet
with surviving friends — not to rouse a young gen-
eration. As he approached the harbor of New-
York, ho mode inquiry of some ncquuiiitancc to
know whether ho could find a hack to convey
him to a hotel ? Illustrious man, and modest as
illustrious ! Little did he know that all Ame-
rica was on foot to receive him — to take posses-
sion of him the moment he touched her soil — to
fetch and to carry him — to feast and applaud
him — to make him the guest of cities. State;?,
and tho nation, as long as he could be detained.
Many wore the happy meetings which he had
with old comrades, survivors for near half a
century of their early hardships and dangers ;
and most grateful to his heart it was to see
them, so many of them, exceptions to the maxim
which denies to the beginners of revolutions the
good fortune to conclude them (and of which
maxim his own country had just been so sad an
exemplification), and to see his old comrades not
only conclude the one they began, but live to enjoy
its fruits and honor.-^. Three of his old as.sociate9
he found ex-presidents (Adams, Jefferson, and
Madison), enjoying the respect and atl'ection of
their country, after having reached its highest
honors. Another, and tl>.e last one that Time
would admit to the Presidency (Mr. Monroe),
now in the Presidential chair, and inviting him
to revisit the land of his adoption. Many of his

TIIIRTV TKARS* VIEW.

i-arly »»cotMatcH wrn in the two Ilniinofl of Con-
(TTCKH — many in Uk« Stntw (jovcmniPnU, «n<l
inimy inoro in nil tlio wnlkn of private lifo, pt-
triiiri'lial h'itvh, ri'K|KTtt'<l for thi-ir characterH,
and Teneralwl for thoir patriotic wrviccH. It
wiw a ^'rat^■fnl sptrtaclo, ami the more imprcs-
Kive from the ralamitoim fate which he hwl seen
atti;n»l no many of the revolutionary patriots of
the 01(1 AVorld. Uiit the enthiisiaNm of the
yoimR peneration astonished and cxcitwl him,
and pavo him a now view of himself— a future
piimpso of himself— and Biich as lio woidd be
seen in after apes. IJcforo them, he was in the
presence of posterity ; and in their applause and
admiration he saw his own future place in his-
tory, passinp down to the latest time as one of
the most perfect and beautiful characters which
one of the mo.st eventful periods of the world
had produced. Mr, Clay, as Speaker of the
House of Kcprcsentatives, and the organ of their
congratulations to Lafayette (when ho was re-
ceived in the hall of the House), very felicitously
seized the idea of his i)resent confrontation with
posterity, and adorned ana amplified it with the
graces of orotory. He said : " The vain wish
has been sometimes indulged, that Providence
would allow the patriot, after death, to return
to his country, and to contemplate the inter-
mediate changes which had tal en place — to view
the forests felled, the cities built, the mountains
levelled, the canals cut, the highways opened,
the progress of the arts, the advancement of
learning, and the increase of population. Gen-
eral ! your present visit to the United States is
the realization of the consoling object of that
wish, hitherto vain. You are in the midst of
posterity ! Every where you must have been
struck with the great changes, physical and
moral, which have occurred since you left us.
Even this very city, bearing a venerated name,
alike endearing to you and to us, has since
emerged from the fores which then covered its
site. In one respect you behold us unaltered,
and that is, in tho sentiment of continued devo-
tion to liberty, and of ardent affection and pro-
found gratitude to your departed friend, the fa-
ther of his country, and to your illustrious asso-
ciates in the field and in the cabinet, for the mul-
tiplied blessings which surround us, and for the
very privilege of addressing you, which I now
have." He was received in both Houses of Con-
gress with equal honor; but the Houses did

not limit thcmM'lvcfl to honora: they a<Mi(|.v]
Ntantial rewards for long |uu(t Rorvices and s.x^
fires — two hundred thousand dnilarn in mutt
and twenty-four thousand acres of fertile Inn I J
Flori<la. These noble grants did not pass «it)
out objection — objection to tho principle, nut i
the amount. The ingratitude of republics h J
theme of any dcclaimcr : it required a 7V/i iij
to say, that gratitude was tho death of repiilil
and tho birth of monarchies ; and it beloopi i
the people of tho United States to cxhiliitJ
exception to that profound remark (as thn{
to so many other lessons of liistory), and slioil
young republic that knows how to bo pratcU
without being unwise, and is able to pay thc(lt|
of gratitude without giving its liberties in thcil
charge of tho obligation. The venerable Mr. ]d
con, yielding to no one in lovo and admiration J
Lafayette, and appreciation of his services andij
criflces in the American cause, opposed the pn
in the Senate, and did it with tho honesty of p
poso and tho simplicity of language which di$i
guished all the acts of his life. He said :
was with painful reluctance that he felt hims[{
obliged to oppose his voice to the passage ofil
bill. Ho admitted, to the full extent clalmcdll
them, tho great and meritorious services i
General Lafayette, and ho did not object to i
precise sum which this bill proposed to avrJ
him ; but ho objected to the bill on this grouH
ho considered General Lafayette, to all inta
and purposes, as having been, during our rcrgll
tion, a son adopted into the family, taken ■
tho household, and placed, in every respect, |
tho same footing with the other sons of thcs
family. To treat him as others were tr
was all, in this view of his relation to us. (
could bo required, and tHi had been done.
General Lafayette inade great sacrifices,
spent much of his money in the service of i
country (said Mr. M.), I as firmly believe i
do any other thing under the sun. I haTcl
doubt that every faculty of his mind and I
were exerted in the Revolutionary war, in |
fence of this country ; but this was equally j
case with all the sons of the family. Many(
tivo Americans spent their all, made greats
fices, and devoted their lives in tho same
This was the ground of his objection to thisll
which, he repeated, it was as disagreeable|
him to state as it could be to the Senate to I
He did not mean to take up the time of the I

tie in dch«to upon tho
I,) move any amondnu'nt
lliat, when such thinps v
iliint- with a free hand.
Hplc of tho bill, therefor
LipoM'd to be piven by it
The ardent Mr. Ilayne,
nrliT of the bill in the
lljittinns, and first show
jrom Lafayette, who won
Ifith the proposed grant), h
icrifices in our cause.
he American service,
1,17 to 1783, tho sun
I $140,000), and under
-a foreigner, owing us
jis fortune into the scale v
luhed in our cause. He 1
ank and fortune, and th
kmiiy, to come and servo
nies, ond without pay
ncd a regiment for our
i veHol to us, loaded with
was not until the yea:
uincd by the French revol
krts in the cause of libert
kive tho naked pay, withoi
officer for the time hi
ke vas entitled to land as
ke Revolution, and 11,500
Im, to be located on any o
United States. His
Jcres adjoining the city of
|ongress afterwards, not b
ication, granted the same (
\m Orleans. His locati
las 80 informed ; but he re
lying that ho would have
prtion of the American pa
ation to be removed ; whi
upon ground of little
what was then worth
fOO,000. These were his
8e8,and sacrifices, (Teat ii
at value to our cause, bi
the moral effect of his e^
his influence with the
hich procured us the allJai
iThe grants were voted wi
p with the general concur
1 people. Mr. Jefferson y
^ing as a reason, in a o

AXNO lS'.»:i. JAMES MoNKOK. ri;K>II>F.XT.

»tc in ilch«tc upon the prinripio of the hill, or [
|n move anj anicmlnu'nt to it. Ho ailmilttvl
KiAt, when Hiich thinpi were <lono, they Bhonld I
■ (lont! with a free hand. I ' wa« to the prin-
Ulc of the bill, therefore, and not to tho Huni
liniiiooeil to Ih! pvon by it, tliat ho objected."
The anient Mr. Ilaync, of South Carolina, rc-
ortiT of tlic bill in the Senate, replie<l to the
lljittions, 8n«l first showed from history (not
«in Lafayette, who would have nothing to do
tith the proposed Rrnnt), his advances, loascn, and
Hcriflcefl in our cauRc. Ho had expended for
American service, in six years, from
l:;7 to 1783, tho Kum of 700,000 francs
1 8140,000 ), and under what circumstances?
-» foreigner, owing us nothing, and throwing
[is fortune into tho scale with his life, to bo la-
Lhed in our cause. Ho lefl tho enjoyments of
knk and fortune, and tho endearments of his
^mily, to como and servo in our almost destitute
nics, and without pay. Ho equipped and
ncd a regiment for our scrrico, and freighted
1 Tctsol to us, loaded with arms and munitions,
was not until tho year 1794, when almost
uincd by the French revolution, and by his ef-
krts in the cause of liberty, that ho wou] I re-
hire tho naked pay, without interest, of a gene-
officer for the time he hod served with us.
ke was entitled to land as one of tho officers of
ke Revolution, and 11,500 acres was granted to
Im, to be located on any of the public lands of
United States. His agent located 1000
bres adjoining the city of New Orleans ; and
|ongrcss afterwards, not being informed of the
ication, granted the same ground to the city of
lew Orleans. His location was valid, and he
las so informed ; but he refused to adhere to it,
Ijing that he would have no contest with any
prtion of the American people, and ordered the
alien to be removed ; which was done, and car-
upon ground of little value — thus giving
what was then worth ^50,000, and now
|>0O,OOO. These were his moneyed advances,
8e8,and sacrifices, £Teat in themselves, and of
at value to our cause, but perhaps exceeded
r the moral effect of his example in joining us,
his influence with the king and ministry,
|iich procured us the alliance of France.
iThe grants were voted with great unanimity,
1 with the general concurrence of the Ameri-
1 people. Mr. Jefferson was warmly for them,
jring as a reason, in a conversation with me

while the grants wore doprndinp (for the hill
wan passerl in tin- ('liii«tmas hnliilityx, when I
had gone to Vir>;inin. and took the o|i|iorlniiity
to cftll \i\«>\\ tli:it iiTvat n»an), wliirli Khnwe<l
his regard for liU-rtr abnmd iis well n>< at home,
and his far-seeing sngarity into future events.
Ho said there woidd be a ohnnfre in France,
and Ijifayetto would bo at the hend of it, and
ought to 1)0 easy and independent in hi.s eircum-
stanccs, to bo able to act eftkienf ly in con<lucting
the movement. This he snid to me on Christmas
day, 1824. Six years afterwnnis this view into
futurity was vcrifie<l. Tho old Itourbons hod to
retire: the Duke of Orleans, a bravo general in
tho republican armies, at the commencement of
tho Revolution, was handed to tho throne by La-
fayette, and became tho " citizen king, surround-
ed by republican institutions." And in this
Lafayette was consistent and sincere. Ho was
a republican himself, but deemed a constitutional
monarchy the proper government for Franco, and
labored for that form in the person of Louis
XVL OS well as in that of Louis Philippe.

Loaded with honors, and with every feeling of
his heart gratified in tho noble reception he had
met in the country of his adoption, Lafayette re-
turned to the country of his birth the following
summer, still ns the gtiest of the United States,
and under its flag. He was carried back in a
national ship of war, the new frigate Brandy-
wine — a delicate compliment (in the name and
selection of the ship) from the new President,
Mr. Adams, Lafayette having wet with his blood
the sanguinary battle-field which takes its name
from the little stream whkh gave it first to the
field, and then to the frigate. Mr. Monroe, then
a subaltern in the service of the United States,
was wounded at the same time. How honorable
to themselves and to the American people, that
nearly fifty years afterwards, they should again
appear together, and in exalted station ; one as
President, inviting the other to the great repub
lie, and signing the acts which testified a na-
tion's gratitude ; the other as a patriot hero,
tried in the revolutions of two countries, and re-
splendent in the glory of virtuous and consistent
fame.

1: "

■f'>Vlf

.13

THIKTV YKAIW VIKW.

CIlArTKU XIII.

Tin: TAIilKI-, AM) AMKKH'AS HVHTEM. |

TiiK rivisioii (»r llio Taiiir, uitli a viow to tlio
liroti'ction of homo industry, nnrl to the cMtab- |
li^liiiiiiil of wliiit wiw tliiii calliil, ''Tlio Aiiifri-
nui Systiiii," wan oiiu t)f tlic Iiirjco subjects
Jitforu Cou^jrcss iit the session lMl].'{-2t,nn<l wos '
the rrnular cDimni-nceuicut of the heated dehate.s ^
on that ((uestion wliii:h aflerward.H ripened into '
a serious ililliculty between the federal govern- i
ment and soiiie of tlie Hoiithern States. The i
pro>identiai election heinj; tlien deiH-ndiiiff, the ,
Bubjift becnnio tinctured willi party politics, in
which, so far as that ingredient was concerned,
nnd was not controlled by other considerations,
members divided jjretty much on the line which
always divided them on a question of construct-
ive powers. The protection of domestic indus-
try not beiii;; among the granted powers, was
looked for in the incidental ; and denied by the
strict constructionists to be a substantive power,
to be exercised for the direct purpose of jirotec-
tion; but admitted by all at that time, and ever
since the first taritl' act of 1789, to be an inci-
dent to the revenue raising power, and an inci-
dent to bo regarded in the exercise of that
I)Ower. I'evenuo the object, protection the inci-
dent, had been the rule in the earlier tarifls :
now that rule was sought to be reversed, and to
make protection the object of tlic law, and reve-
nue the incident. The revision, and the aug-
mentation of duties which it contemplated,
turned, not so much on tlio emptiness of the
treasury and the necessity for raising money to
fill it, as upon the distress of the country, and
the necessity of creating a home demand for la-
bor, provisions and materials, by turning a larpicr
proportion of our national industry into the
channel of domestic manufactures. Mr. Clay,
the leader in the proix»sed revision, and the
champion of the American System, expressly
placed the proposed augmentation of duties on
this ground ; and in his main speech upon the
question, dwelt upon the state of the country,
and gave a [licture of the public distress, which
deserves to bo reproduced in this View of the
working of our government, both as the leading
argument for the new tariff, and as an exhibi-

tion of a national distrcM, which Ihonv who «(•,
not coteni|.<>mry with the nlato of thingM u|i»|
be de'-crilxd, would find it dilllcult to conarj
or to realize. III! said :

" In costing our eyes around um, the tno^l
jiroininent rircnnistonro which fixes our ntii-
tion and challenges our <leci)<>st regret, is i;.
general distress which |)ervtt<les the whole eoi
try. It is force<l upon us by numerous f
of the most inconlosf able character. Itisimj
cated l>y tlie diminished exfiorts of native pr J
(luce ; by the depressed and reduceil state of oj
foreign navigation ; by our duninished mil
merce ; by successive unthreshed crojis of gra:/
iierishing in our barns for want of a markul
by the alarming diminution of the circulaiir;
medium; by the nimu'rous bankrujitcies ; liy,
universal complaint of the want of tmploymiii'J
and a consequent reduction of the wages ofl
bor ; by the ravenous pursuit after public r.itu
tions, not for the sake of their honors, and \[\
performance of their public duties, but as i
means of private subsistence ; by the reluctai
resort to the perilous use of paper n)oney ; J
the intervention of legislation ni the delical
relation between debtor and cieditor ; ma
above all, by the low and depressed state of il
value of almost every description of the whoi
mass of the property of the nation, which I J
on an average, sunk not less than about I
per centum within a few years. This distnj
pervades every part of the Union, every clas.s(i
society ; all feel it, though it may be felt, at
ferent places, in difrercnt degrees. It is like tiJ
atmosphere which surrounds us : all must it]
halo it, and none can escape from it. A fj
years ago, the planting interest consoled ita
with its happy exemptions from the general c
lamity ; but it has now reached this interest alii
which experiences, though with less severitj
the general suffering. It is most painfVil to i
to attempt to sketch, or to dwell on the pio
of this picture. But I have exaggerated nothijj
Perfect fidelity to the original would havei
thorized me to Imvo thrown on deeper
darker hues."

Mr. Clay was tlic leading speaker on the ]
of the bill in the House of Representatin
but he was well supported by many able
effective speakers — by Messrs. Storrs, Tr
Jphn W. Taylor, from Now- York ; by Mess
Buchanan, Todd, Ingham, Hemphill, Andn
Stewart, from Pennsylvania ; by Mr. LcJ
McLane, from Delaware; by Messrs. BucbT
F. Johnson, Letcher, Metcalfe, Trimble, ^Vl
Wicklifle, from Kentucky; by Messrs, Cad
bell, Vance, John W. Wright, Vinton, Whitlj
sey, from Ohio; Mr. Daniel P. Cook,
Illinois.

"Within my own

cause for such gloomy

kiitation. In resjtect

Slates, with the condit

acquainted, they pre.sen

pineral pros|)i'rity, Sii

111- a depression of price.-

rcxsure ; the next inqu

|ilat evil, A depreciate

jreat part of the countn

Jegree as that, at one '

the centre and tlie norti

r cent. The Bank of

Instituted to correct th

riiich it is not now nc<

lid not for some years 1

bf the country to a soinv

he British House of Con

potc, decided that the n

unts by the Bank of ;

leferrcd beyond the ens

llien bi'cn in a state of si

Ivc years). The pajit-r

;rtaiiily communicated

kropcrty. It had cncou

pelted overtrading, AVI

me, and this violent pre

t the same moment on

Jngland, inflated and unr

[ept up no longer, A

rhich has been estimated

lual to a fall of thirty,

[he depression was univ

^as felt in the United S

)t equally so in every i

b time of these foreign

ptem underwent a ch

lu.«es, in my view of the

Mucc the great shock w

Immercial cities, and tin

|e country. The year 1

.■rous failures, and very

M would have furnishe

[an exist at present for t

lion which hits bjen pre

Vol. I._3

AXN») 1X21. .lAMI-S MoNKMF, I'lU.-IM.M.

Xr, Wrbtitcr wax the lea<liii^ i*|wnkt>r nn tlif
OtliiT Mnlc. >iii<l <li>|iiiu-<l till' iiiiiu'rMility of tlii'
(lii>trcMt H'liK'li lin<l litt'ii ilvM-riU'd ; clttiiiiiiiK t'X-
ciiiplioii friiin it in Nrw iiii^'laiiil ; di'iiiiMl tin*
hv^iiincii cuiisc till' it will re ii iIkI I'xi.it, and ut-
tribtitcd it to uvit ixpunsioii nnil (ullupsi- ul'tlii'
imiiiT M)'sti'in, ax in (iri'ut Iltiiuiii, iiftir tlio U>u\!
«ii)'|«'nMi<>ii of till) Kiiiik of Kn^likiiil ; denied tlic
niHcsttily for incnusod |irott'tti«»n to nmnufuo-
tiiri"*, uii'l it"* inudiniiiiry. if ^'ininti'd, to the rtliif
i,f the country wliiic distress priviiiKd ; and

lioiitestLHl tlio proj)riety of liijrli or pmliihitory
(lulies. in tlio [ircHent uctive and intellipnt state
(pf tiie worhl. to Hlimulate industry and nmnu-

Ifatturing enterprise. IIu said:

•WitJiin my own oliservntion, tlicro is no

I cause for surli gloomy and terrify in(j a repre-

iKiitation. In reHjiect to the New England

ISittteH, with tlic condition of which I am best

larquainted, tliey present to mo a period of very

Ipumnil prosi)ority. Snpponinp; tiie evil then to

|lio ft depression of prices, and a partial pecuniary

resMire ; the next inquiry in into the causea of

III lit evil. A depreciated currency existed in a

great part of the country — depreciated to .such a

degree as that, at one time, exchange between

|tlic centre and the north wa.s as hi^h as twenty

er cent. The Bank of the United iStates was

Instituted to correct this evil ; but, for causes

vliich it is not now neces.sary to enumerate, it

jliil not for some years bring back the currency

bf the country to a sound state. In May, 181U,

Ihe British IIouso of Common.s, by nn unanimous

Vote, decided that the resumption of cash pay-

mnts by the Bank of England should not be

deferred beyond the ensning February (it had

liien been in a state of suspension near twcnty-

Vc years). The pnptr system of England had

CTtaiiily communicated an artificial value to

Iropcrty. It had encouraged spcculaiion, amt

|xcited overtrading. When the shock therefo<v

ame, and this violent pressure for money acted

the same moment on the Continent and in

tnjtland, inliated and unnatural prices could be

■ept up no longer. A reduction took place,

riich has been estimated to liave been at lea.st

Iqual to a fall of thirty, if not forty, per cent.

Ilie depression was universal; and the change

las felt in the United States severely, though

y equally so in every part of them. About

be time of these foreign events, our own bank

istcm imderwcnt a change ; and all these

Liscs, in mj' view of the subject, concurred to

foduce the great shock which took place in our

Immcrcial cities, and through many parts of

ki' country. The vear ISl'J was a year of nu-

I'rous failures, and very considerable distress,

Id would have furnished far better grounds

■an exist at present for that gloomy represcn-

]tion which has baen presented. Mr. SjK-aker

Vol. I.— 3

(Clay) ban alluded to the strong im-linittion
which cM-.l-., >ir luis (xi'.ti'd. in \itii<ius parit i>f
till' ii>iinlr_\, to i«--ii(' pa|nr money, as a proof nf
gnat existing dilVir-ulii •.-■. I lecnid it niihir as
a Very productive caiiM' nf tlio^c ditlicnhii s ; uinl
we cannot fail to olisrixe, timt there >■> at thi^
moment much the jniidrst cnniplauit of ih-lnss
prccixly where Ihi ii' 1ms l«'cn (he greatest ut-
lenipt to relieve ii by a system of pu|Kr credit.
Let us not suppose that \\o lire liit/inniiii/ the
iiroteclion of inaiiul'iu'tures by duties on imports.
I.ook to the hisliiry of our laws; look to the
pre. cut state i>f our laws, ('onsider that our
whole revenue, with a trilling exception, is col-
lected from the custom-house, and ulways bus
U'en ; and then say what propriety iheii- is in
calling on the government for protection, as if
no protection had heretofore been alliirded. On
the general question, allow me to ask if the
doctrine of prohibition, as a general doctrine. Ih.'
not preiK)sterous ? Suppose all nations to act
upon it: they would be prosperous, then, accord-
ing to the argiunent, precisely in the proportion
in which they abolished intercoinse with one
another. The best ajiology for laws of prohibi-
j tion and laws of monopoly, will be found in that
I state of society, not only uneidighteneil, but
sluggish, in which they are most generally es-
talilished. I'livate industry in tho.se days, re-
quired strong provocatives, which govenmient
was seeking to administer by these means.
Something was wanted to actuate and stinuilatu
men, and the prospects of such profits as would,
in our times, excite unbounded competition,
would hardly move the sloth of former ages.
In some instances, no doubt, these laws produced
an etiect which, in that period, would not have
taken pliir. willn ut them. (Instancing the pro-
tfccti" ii> the English woollen manufactures in
the iiijK of the Henrys and the Edwards). Hut
oi<r a;:e i wholly of a ditlerent charactL-r, and
its lej.islatioii takes another turn. So<iety u
full <M excitement: competition comes in jilace
of r/nonopoly ; and intelligence and industry ask
only for fair play and un open tield."

With Mr, Webster were numerous and able
speakers on the side of free trade: From his
own State, Mr. Baylies ; from New-York, Mr.
Cambreling; from Virginia, Messrs. Kii'idolph,
Philip P. Barbour, John S. Barbour, larnet,
Alexander Smythe, Floyd, Mercer, Arch, r, Ste-
venson, Rives, Tucker, Mark Alexander ; from
North Carolina, Messrs. Mangum, Saunders,
Spaight, Lewis Williams, Burton, Wcldon N.
Edwards ; from South Carolina, Messrs. Mc-
Duffie, James Hamilton, Poin.sett ; from Geor-
gia, Messr-s. Forsyth, Tatnall, Cuthbert, Cobb;
from Tennessee, Messrs. Blair, Isaaks, Reynolds ;
from Louisiana, Mr. Edward Livingston ; from
Alabama, Mr. Owen ; from Maryland, Mr.

iJ;

THIRTY YEAnS' XW.W.

WarfleUI ; from JJisffissipjii, Mr. Christoplicr
Rankin.

Tlie bill wascnrriwl in the House, after a jiro-
tractc<l contest of ton weeks, b}' the lean innjority
of fwe — 107 to 102 — only two members ab.scr:t,
'and tlie voting so zealous tliat several mcmlicrs
were brought in uimn tbt ir sick coiiclies. In the
Senate the bill encountered a strenuous resist-
ance. Mr. Edwanl Lloyd, of Maryland, moved
to refer it to the committee on finance — a motion
fonsidered hostile to tlie bill ; and which was
lost by one vote — 22 to 23. It was then, on the
motion of Mr. Dicktrson, of New Jersey, referred
to the committee on manufactures ; a reference
d'x-med favorable to the bill, and by which com-
mittee it was soon returned to the Senate with-
out any proposed amendment. It gave rise to a
most earnest debate, and many propositions of
amendment, some of which, of slight import,
were carried. The bill itself was carried by the
small majority of four votes — 25 to 21. The
principal speakers in favor of the bill were:
Jfessrs. Dickerson, of New Jersey ; D'Wolf, of
Khode Island ; Holmes, of Maine ; R. M. John-
son, of Kentucky ; Lowrie, of Pennsylvania ; Tal-
bot, of Kentucky; Van Buren. Against it the
principal speakers were : Messrs. James Barbour
and John Taylor, of Virginia (usually called
John Taylor of Caroline) ; Messrs. Branch, of
North Carolina ; Hayne, of South Carolina ;
Henry Johnson and Josiah Johnston, of Louisi-
ana ; Kelly and King, of Alabama ; Rufus King,
of New- York ; James Lloyd, of Massachusetts ;
Edward Lloyd and Samuel Smith, of Maryland ;
Macon, of North Carolina ; Van Dyke, of Dela-
ware. The bill, though brought forward avow-
edly for the protection of domestic manufactures,
was not entirely supported on that ground. An
increase of revenue was the motive with some,
the public debt being still near ninety millions,
and a loan of five millions being authorized at
that session. An increased protection to the pro-
ducts of several States, as lead in Missouri and
Illinois, hemp in Kentucky, iron in Pennsylvania,
wool in Ohio and New-York, commanded many
votes for the bill ; and the impending presidential
election had its influence in its favor. Two of
the candidates, Messrs. Adams and Clay, were
avowedly for it; General Jackson, who voted
for the bill, was for it, as tending to give a home
supply of the articles necessary in time of war,
and as raising revenue to pay the public debt.

I Mr. Crawford was oppose<l to it ; and Mr. Cal.
houn had been withdrawn from the list of prewj.
dential candidates, and become a candidate for
the Vice-Presidency. The Southern plantb|
States were extremely dissatisfied with the pass,
age of the bill, iK'Iieving that the new burdc™
upon imj)orts which it imposed fell npon lh«
producers of the exports, and tended to enrifi
one section of the Union at the expense of
another. The attack and support of the bill
took much of a sectional aspect ; Virginia, th«
two Carolinas, Georgia, and some others bcin'
nearly unanimous against it. Pennsylvania,
New-Y'ork, Ohio, Kentucky being nearly unani-
mous for it. Massachusetts, which up to thii
time had a predominating interest in commen.^.
voted all, except one meml)er, against it. Witlil
this sectional aspect, a tariff for protection also
began to assume a political aspect, being taken
under the care of the party since discriminntoi
as Whig, which drew from Mr. Van Burcn i|
sagacious remark, addressed to the manufactur-
ers themselves; that if they suficrcd their intc^|
ests to become identified with a political pi
(any one), they would share the fate of t!
party, and go down with it whenever it su
Without the increased advantages to some Stat(
the pendency of the presidential election, ai
the political tincture which the question
to receive, the bill would not have passed— i
difScult is it to prevent national legislation fi
falling under the influence of extrinsic and
dental causes. The bill was approved by 51
Monroe — a proof that that careful and sti
constructionist of the Constitution did not coi
sider it as deprived of its revenue character bj
the degree of protection which it extended.

CHAPTER XIV.

THE A. B. PLOT. ' ' '

On ilonday, the 19th of April, the Speaker^
the House (Mr. Clay) laid before that bodj|
note just received from Ninian Edwards, Es|
late Senator in Congress, from Illinois, and Ik
Minister to Mexico, and then on his way toil
post, requesting him to present to the IIou«|
communication which accompanied tlie note,!

|cfcat his election, and
lared the usual fate of g
ink into oblivion after t
lad it not been for tliis
louse (the grand inquest o
il for investigation. The
rcr, did not seem to eont
'ligation, and certainly n
Congress. Congress w
■nt; the accuser was on
charges were grave ; th
Icm numerous and comple
latiag to transactions witl
iks. The evident expec
that the matter would
!sion, before which time
\n would take place, and
(no to Mr. Crawford's chai
lanswered accusations of (
imposingly laid before th
IConjress. The friends «
necessity of immediate n(
IVirginia, instantly, npor
^mimication, moved that
iuted to take it into cons
'empowered to send for f
"'iministeroatliB— take te
^0 the House; with leave
"Timent, iftheinvestiguti
IK ; and publish their rej
granted, with all the po
raost uncxceptionably
'ker(Mr.Clay); afa.sk

ANNO 1824. JAMES MONROE, rRR-IDKNT.

pcakcr
at bodji
irds, Ea
amltl
ray to
e Iloust]
noti.

ffiiich cliarpcd illopalilies and miwonduct on tho
cretary of the Treasury, Mr. William II. Craw-
f„r(I. The charpcs and Hucclflcations, spread
hrotiph a voluminous communication, were con-
tnsc<i at its close into six regular heads of
usation, containing matter of impeachment ;
(1 declaring them all to be susceptible of proof,
the House would order an investigation. The
mimunication was accompanied by ten num-
rs of certain newspaper publications, signed
. B., of which Mr. Edwards avowed himself to
the author, and asked that they might be
;xs;ived as a pare of his communication, and
irinted along with it, and taken as the specifica-
ions under the six charges. Mr. Crawford was
icn a prominent candi<late for the Presidency,
(1 the A. B. papers, thus communicated to the
oiise, were a series of publications made in a
ashington City paper, during the canvass, to
feat his election, and would doubtlecs have
larcd the usual fate of such publications, and
ink into oblivion after tho election was over,
ad it rot been for this formal appeal to the
louse (the grand inquest of the nation) and this
for investigation. The communication, bow-
er, did not seem to contemplate an early in-
stigation, and certainly not at the then session
Congress. Congress was near its adjourn-
al ; the accuser was on his way to Mexico ;
charges were grave ; the specifications under
lem numerous and complex ; and many of them
latiag to transactions with the remote western
ks. The evident expectation of the accuser
that the matter would lie over to the next
sion, before which time tho presidential clec-
n would take place, and all tho mischief be
Inc to Mr. Crawford's character, resulting from
lanswered accusations of so much gravity, and
imposingly laid before the impeaching branch
Congress. Tho friends of Mr. Crawford saw
necessity of immediate action ; and Mr. Floyd_
Virginia, instantly, upon the reading of the
iimunication, moved that a committee be ap-
iuted to take it into consideration, and that it
empowered to send for persons and papers —
Iminister oatlis — take testimony — and report
lo the House ; with leave to sit after the ad-
mment, if the investigation was not finished
re ; and publish their report. The committee
granted, with all the powers asked for, and
most unexceptionably composed by the
ket (Mr. Clay) ; a ta.sk of delicacy and re-

sponsibility, the .'<|>cakcr l>eiiig himself a cantli-
date for tlic l'resi<lenc;'. hikI i'v<Ty member of tho
House a friend to some ont- of tiie candidates, in-
cluding the accusc<l. It consisted of Mr. P'loyd. the
mover; Mr. Livingston, of I.o lisiana ; Mr. Web-
ster, of Ma.s.sachusctts ; Mr. Haudol ph. of Virgi-
nia; Mr. J. W.Tnylor,ofNew-York;Mr. Duncan
McArthur, of Oluo ; and Mr. Owen, of Alabama.
The sergcant-at-arms of tlie House was imme-
diately dispatched by the committee in pursuit
of Mr. Edwards : overtook him at fifteen hun-
dred miles ; brought him back to Washington ;
but did not arrive until Congress had adjourned.
In the mean time, the committee sat, and received
from Mr. Crawford his answer to tho six char-
ges: an answer pronounced by Mr. Randolph
to be '• a triumphant and irresistible vindication ;
the most temperate, passionless, mild, dignified,
and irrefragable exposure of falsehood that ever
met a base accusation ; and without one harsh
word towards their author." This was the tnie
character of the answer ; but Mr. Crawford did
not write it. lie was imable at that time to
write any thing. It was written and read to
him as it went on. by a treasury clerk, familiar
with all the transactions to which the accusa-
tions related — Mr. Asbury Dickens, since secie-
tavy of the Senate. This Mr. Crawford told
himself at the time, with his accustomed frank-
ness. His answer being mentioned by a friend,
as a proof that his paralytic stroke had not af-
fected his strength, he replied, that was no proof —
that Dickons wrote it. The committee went on
with the case (Mr. Edwards represented by his
son-in-law, Mr. Cook), examined all the evidence
in their reach, made a report unanimously con-
curred in, and exoner.<Mng Mr. Crawford from
every dishonorable or illegal imputation. The
report was accepted by the House ; but Mr.
Edwards, hanng far to travel on his return
journey, had not yet been examined ; and to hear
him the committee continued to sit after Con-
gress had adjourned. He was examined fully,
but could prove nothing; and the committee
made a second report, corroborating the former,
and declaring it as theii* unanimous opinion —
the opinion of every one present — "that nothing
had been proved to impeach the integrity of the
Secretary, or to bring into doubt the general
correctness and ability of his administration of
the public finances."
The committee also reported all the testimony

THIRTY YEARS" VIEW.

taken, from wliidi it ni)|H'are(l that Mr. Edwards
himself ha<l contradicted all the accusations in
the A. B. papers ; hml denied the authorship of
them ; had applaiidwl the conduct of Mr. Craw-
ford in the use of the western banks, and their
Ciinency in payment of the public lands, as hav-
ing saved farmci-s from the loss of their liomes ;
•nd declared his belief, that no man in the gov-
ernment could have conducted the fi.sc.il and
financial concerns of the povernment with more
intej^rity and propriety than he had done. This
was while his nomination as minister to Mexico
wiLs depending in the Senate, and to Mr. Noble,
ft Senator from Indiana, and a friend to Mr.
Crawford. lie testified:

' That ho had had a conversation with Mr.
J'dwards, introduced by Mr, E. himself, concern-
insr Mr. Crawford's management of the western
banks, and the authorship of the A. B. letters.
That it was pending his nomination made by
the President to the Senate, as minister to Mex-
ico. He (Mr. E.) stated that he was about to
))C attacked in the Senate, for the purpose of de-
feating his nomination : that party and political
s])iiit was now high ; that he understood that
charges would be exhibited against him, and
tliat it had been so declared in the Senate. lie
further remarked, that ho knew me to be the
(licidcd friend of William H. Crawford, and said,
1 am consideretl as being his bitter enemy ; and
1 am charged with being the author of the num-
bi'rs signed A. B. ; but (raising his hand) I pledge
vou my honor, 1 am not the author, nor do I
know who the author is. Crawford and I, said
Mr. Edwards, have had a little difference; but I
have always considered him a high-minded, hon-
orable, and vigilant officer of the government.
He has been abused about the western banks
and the unavailable funds. Leaning forward,
and extending his hand, he added, now damn it,
you know wc both live in States where there
are many poor debtors to the government for
lauds, together with a deranged currency. The
notes on various banks being depreciated, after
the effect and operation of the war in that por-
tion of the Union, and the banks, by attempting
to call in their pajwr, having exhausted their
specie, the notes that wore in circulation became
of little or no value. JIany men of influence in
that country said he, have united to induce the
Secretary ot the Treasury to select certain banks
as banks of deposit, and to take the notes of
certain banks in payment for public land. Had
he (Mr. Crawford) not done so, many of our in-
habitants would have been turned out of doors,
and lost their land ; and the people of the coun-
try would have had a universal disgust against
ISIr. Crawford. And I will venture to say, said
Mr. Edwards, notwithstanding I am considered
his enemy, thot no man in this government could
havs managed the fiscal and financial concerns

of the povtmment with more integrity and j^
prioty than Mr. Crawford did. lie (ilr.Xoi;,
had never rciKjated this conversation to any Ik,;
tintil the eveningof the day that I (he) was infortl
ed that Gov. Edwards' 'aihlress ' was presentw!
the Hou.sc of Representatives. On that evcnii^]
in conversation with several members of \\,
House, amongst whf m were Mr. Koid and %
Nelson, some of whom said that Governor }>]
wards had avowed himself to be the author
A. B., and others said that he had not done so
remarked, that they must have misunderstood tl
'address,' for Gov, Edwards had pledged b
honor to me that he was not the author of A. B.
Other witnesses testified to his denials, Mhi
the nomination was depending, of all authors]
of these publications : among them, the cditoi
of the National Intelligencer, — friends to .Vi
Crawford, Mr, Edwards called at their o;
at that time (the first time he had been thi
within a year), to exculpate himself from tl
imputed authorship ; and did it so earnestly tl
the editors believed him, and published a conti
diction of the report against him in their pa]
stating that they had a " good reason " to km
that he was not the author of these publicatioi
That " good reason," they testified, was his oi
voluntary denial in this unexpected visit to tl
office, and his declarations in what he caliedj
"frank and free'' conversation with them on
subject. Such testimony, and the absence ofi
proof on the other side, was fatal to the acci
tions, and to the accuser. The committee
ported honorably and unanimously in favon
Mr, Crawford ; the Congress and the counl
accepted it ; Mr, Edwards resigned his coi
sion, and disappeared from th» federal polil
theatre : and that was the ena of the A, B,
which had filled some newspapers for a year
publications against Mr. Crawford, and wl
might have passed into oblivion, as the cui
productions and usual concomitants of a Pi
dential canvass, had it not been for their foi
communication to Congress as ground of
peachment against a high officer. That
munication carried the " six charges," and
ten chapters of specifications, into our pi
mentary history, where their fate becomes
of the instructive lessons which it is the proi
of history to teach. The newspaper in wliiclj
A. B. papers were published, was edited
war-office clerk, in the interest of the war
tary (Mr. Calhoun), to the serious injury of|
gentleman, who received no vote in any
voting for Mr. Crawford.

ii'ROPEAN writers on A
)f mistakes on the work
id tb-se mistakes are g(
if the democratic elemen
id in their ignorance of
he theory and the worki
|lection of the two firsi
'rench writers are strik
Tocqueville and Thiers,
id the theory of our gc
icuJar to be the same, th
electors, to whom th
)wer of election belongs (
iG hence attribute to i
these electors the mer
linent Presidents who hi
;ntial chair. This mistak
;tice is known to every
iould be known to enligh
Iho wish to do justice to
electors have no prac
;tion, and have had non
»n. From the beginni
!dged to vote for the car
early elections) by th
irds, by Congress caucu
icuses followed the publi
icmblages called conveu
low the public will or nc
;tor has been an instrun
ticular impulsion ; and (
mid be attended with inl
lalty which public indi{
)m the begimung these
and an inconvenic
n the people and the o
in time, may become d
iless inconvenient, and s
iger; having wholly faile
for which they were
ich purpose no one wou
'lies a just conclusion
itild be abolished, and th
liie direct vote of the pp(

ANNO 1924. JAMES MONROE, PilFSIDENT.

CHAPTER XV.

^KENnMENT OP THE CONSTITUTION IN RELA-
TION TO THE ELECTION OF rUESIUENT AND
VIOE-PKESIDENT.

Ei'BOPKAN writers on American affairs arc full
l(f mistakes on the working of our government ;
nd tb"se mistakes are generally to the prejudice
tf the democratic clement. Of these mistakes,
nd in their ignorance of the difference between
Ihe theory and the working of our system in the
Election of the two first officers, two eminent
french writers are striking instances: Messrs.
e Tocqueville and Thiers. Taking the working
nd the theory of our government in this par-
Ifcular to be the same, they laud the institution
electors, to whom they believe the whole
lower of election belongs (as it was intended) ; —
hence attribute to the superior sagacity
these electors the merit of <'h<; . , n,ll the
unent Presidents who have ado* .- ' presi-
Itntial chair. This mistake betwc ... theory and
ttice is known to every body in America, and
lould be known to enlightened me;i in Europe,
|ho wish to do justice to popular government,
electors have no practical power over the
ction, and have had none since their institu-
|)n. From the beginning they have stood
dged to vote for the candidates indicated (in
early elections) by the public will; after-
krds, by Congress caucuses, as long as those
ucuses followed the public will ; and since, by
Bcmblages called conventions, whether they
jlow the public will or not. In every case the
ctor has been an instrument, bound to obey a
•ticular impulsion ; and disobedience to which
^uld be attended with infamy, and with every
palty which public indignation could inflict,
om the beginning these electors have been
floss, and an inconvenient intervention be-
tn the people and the object of their choice ;
, in time, may become dangerous : and being
tless inconvenient, and subject to abuse and
Bger ; having wholly failed to answer the pur-
for which they were instituted (and for
lich purpose no one would now contend) ; it
omes a just conclusion that the institution
luld be abolished, and the election committed
Ihe direct vote of the pf'ople. And, to obvi-

ate all excuse for previous nominations by intcr-
me«liate bodies, a second cKction to l»e luM
forthwith between the tv.-o hijrhe.st or leading
candidates, if no one lia<l had a majority of tin;
whole number on the first trial. These arc not
new ideas, bom of a spirit of change and innova-
tion ; but old doctrine, advocated in the conven-
tion which framed the Constitution, by wise and
good men ; by Dr. Franklin and others, of Penn-
sylvania; by John Dickinson and others, of
Delaware. But the opinion prevailed in the
convention, that the mass of the pcoi)le would
not be sufficiently informed, discreet, and tem-
perate to exercise with advantage so great a
privilege as that of choosing the chief magistrate
of a great republic ; and hence the institution of
an intermediate body, called the electoral col-
lege — its mcTibers to be chosen by the people —
and when assembled in conclave (I use the word
in the Latin sense of con and claxris, under key),
to select whomsoever they should think proiHT
for President and Vice-President. All this
scheme having failed, and the people having
taken hold of the election, it became just and
regular to attempt to legalize their acquisition
by securing to them constitutionally the full
enjoyment of the rights which they imperfectly
exercised. The feeling to this effect became
strong as the election of 1824 approached, when
there were many candidates in the field, and
Congress caucuses fallen into disrepute ; and
several attempts were made to obtain a consti-
tutional amendment to accomplish the purpose.
Mr. McDuffie, in the House of Representatives,
and myself in the Senate, both proposed such
amendments ; the mode of taking the direct
votes to be in districts, and the persons receiving
the greatest number of votes for President or
Vicfi-President in any district, to count one vote
for such office respectively ; which is nothing but
substituting the candidates themselves for their
electoral representatives, while simphfying the
election, insuring its integrity, and securing
the rights of the people. In support of my
proposition in the Senate, I delivered some ar-
guments in the form of a speech, fiom which I
here add some extracts, in the hope of keeping
the question alive, and obtaining for it a better
success at some future day.

" The evil of a want of uniformity in the
choice of presidential electors, is not limited to
its disfiguring effect upon the face of our gov-

TllIIlTV YEAIW Vli:\\'.

crnniont, but poos to cnflnntrtT the riplits of the
|M'(tpk>, liy j(L'rinittin<: sudden alterations or. the
eve of an election, and to annihilate the right of
tlie ^nlall States, !»}• enabling the large ones to
f'dnliinc. an<l to throw all their votes into the
!-rale of a jparlieular candidate. These obvious
evils make it certain that aiiij i.nijhrm rule
would be preferable to tlie present state of
tilings, liiit, in lixuig on om is the duty of
statesmen to select that wlii iS calculated to
cive to every j)Ortion of the 1 nion its due share
in the choice of the Chief Magistrate, and to
every individual citizen, a fair opportunity of
voting according to bis will. This would bo
ett'ected liy adoijtincr the District System. It
would divide every State int > districts, equal to
the whole nunil)er of votes to be given, and the
jieople of each district would Ikj governed by
its own niiijority, and not by a majority existing
ill some remote part of the State. This would
be agreeable to tlie riirhts of inilividuals: for, in
entering into society, aii<l submitting to be bound
liy the decision of the majority, each individual
letained the right of voting for hims'jlf wherever
it wxs piiu.'ticablu, and of being governed by a
inajoritj of the vicinage, and not by majorities
brought (Vein remote sections to overwhelm him
with th'.'ir accumulated numbers. It would be
agreeable to the interests of all parts of the
States ; for each State may have ditl'erent inter-
ests in dillerent parts ; one part may be agricul-
tural, another manufacturing, another commer-
cial ; and it would be unjust that the strongest
should govern, or that two should combine and
5-;icriti( e the third. The district system would
b'-' agreeable to the intentwn of our present con-
stitution, which, in giving to each elector a sepa-
rate vote, instead of giving to each State a con-
.'^olidatod vote, com[)osed of all its electoral
t^itlragcs, clenrly intended that each mass of
l)<n>;ons entitled to one elector, should have the
light of giving one vote, according to their own
seiiso of their own interest.

'• The general ticket syste-:! now existing ii, ten
States, was the oilspring of policy, and not of
any disposition to give fair jilay to the will of
the people. It was adopted by the leading men
of those States, to enable them to consolidate
the vote of the State. It would be easy to prove
this by referring to facts of historical notoriety.
It contributes to give power and consequence to
the leaders who miinage the elections, but it is a
departure from the intention of the constitution ;
violates the rights 'if the minorities, and is at-
tended with many other evils. The intention of
the constitution is violated, because it was the
intention of that instrument to give to each mass
of persons, entitled to one elector, the power of
giving an electoral vote to any candidate they
preferred. The rights of minorities are violated,
because a majority of one will carry the vote of
the whole State. This jirinciple is the same,
whether the elector is chosen by general ticket
or by legislative ballot; a majority of one, in

either ra.«e, carries the vote of the whole Sta'.
In New -York, thirty-six electors are cl om i;
nineteen is a majority, and the candidate receivin
this majority is fairly entitled to count ninetin,
votes ; but he count* in reality, thirty-six : b .
cause the minority of seventeen are added to th
majority. Tlie.se seventeen vo»es belong to sevti .
teen ma.sses of people, of 40,000 souls each, in a ;
080,000 people, whose votes are seized ujif.:
taken away, and pnsented to whom the majoriir
pleases. Extend the calculation to the scvcntea
States now choosing electors by general tick ;
or legislative ballot, and it will show that tlire
millions of souls, a population equal to tha;
which carried us tlirough the Revolution, inu,
have their votes taken from them in the sum
way. To lose their votes, is the fate of all id.
norities, and it is their duty to submit ; but thji
is not a ca.se of votes lost, but of votes tatu;
awur "^.dded to those of the majority, a;vi
given to a person to whom the minority w,
opposed.

" lie said, this objection (to the direct vote o:
the people) had a weight in the year 1787, to whic;
it is not entitled in t'v year 1824. Our goveit
ment was then young, schools and colleges wt;;|
scarce, political science was then confined to fei
and the means of diffusing intelligence were bo;i|
inadequate and uncertain. The exj^ .r'nient ol
popular governmeni, was just beginning; i
people had been just released from subjectioiii,
an hereditary king, and were not yet practis;
in the art of choosing a temporary chief f
themselves. But thirty-six years have revcrsej
this picture. Thirty-six years, which have jji
duced so many wonderful changes in Amciii
have accomplished the work of many centiiris
upon the intelligence of it.? inhabitants. AVitii
that period, schools, colleges, and universiti
},ive multiplied to an amazing extent. Tl
means of diffusing intelligence have been wc:
derfully .augmented by the establishment of
hundred newr,papers, and upwards of five cho;
sand post-offices. The whole course of an Ann
ican's life, civil, social, and religious, has becoi
one continued scene of intellectual and of mo:
improvement. Once in every week, more
eleven thousand men, eminent for learning a;
for piety, perform the double duty of amumlii
the hearts, and enlightening the understandin;
of more than eleven thousand congregation:
people. Under the benign influence of a f;
government, both our public institutions and p
vate pursuits, our juries, elections, courts ofj
tice, the liberal professions, and the mechi
arts, h .ve each become a school of jiolitical
ence and of mental improvement. The feda
legislature, in the annual message of the Vi
dent, in reporis from heads of departments,
committees of Congress, and speeches of m<
bersj pours forth a flood of intelligence w
carries its waves to the remotest confines of
republic. In the different States, twenty-ti
State executives and State legislatures area;

oily refx-ating the si

limited .sphere. The

liii;', !ind the practice

ilioi.^ht, are continui

pince of the countrj-,

The face of our count

prand and varied fcal

the lium,in intellect,

I.e.ss than half a cen

liberty has given prai

moral truth, that, un(

Iio»vcr of the intollecl

rules the affairs of mt

pence the only durrb

lircfernient. The con

lias created an univer

for reading, and has cc

the endowments of h(

the heart, are the o il

inestimable riches \>-:.

]iOi-terity.

'•This objection (th
violence at the election
tory of the ancient repi
ary 'lections of Komt
jilstne.ss of the example
thing in the laws of pi
hnrallel between the i
volatile Greek, and th
There is nothing in thi
countries, or in their r
makes one an example
ninns voted in a mass j
■even when the qualifiVd
lions of persons. They
mil divided into classes
l>ut by centuries. In tl
'he voters were brough
:ity, and decided the co;
ile. In such assimbla"
lo violence, and the mca'i
frcpared by the governn
tsd States all this is dif
Ksembled in small bodie
ilaces, distributed over a
I'liey come to the polls
•ilious distinctions, with
fiolence, and with every i
f heated during the day
lipon returning to their
licir ordinar;- occupation
' IJut let us admit the
;t us admit that the A
as tumultuary at theii
Here the citizens of tl
le election of theL- chii
len ? Are we thenco (
the officers thus eleete
fgradation of the coun
resided? I answer no.
sert the superiority of
Jhers ever obtained foi
per by hereditary succ<
Kt mode of election. I j

AN'XO iBi-l. «aMKS MONHOE, I'.'Ui^IDKNT.

ally ri'iK'.itinp; the same nrorcss '.vitliin a more
liiiiiti'l sphere. The habit of imiversnl travel-
liii;:. ''iti'l the practice of universal interthanpo of
tlioii^ht, arc continually circulating the intclli-
<n'nci' f f tl>e country, and aujimentiii;; its mass.
W face of our country itself, its vast extent, its
"rand and varied features, contribute to exj)and
t^he human intellect, and to magnify its power.
less than half a century of the enjoyment of
liberty has given practical evidence of the great
nioral truth, that, under a free government, the
jiowcr of the intellect is the only jwwer •,,hich
rules the affairs of men j and virtue ami intelli-
rcnce the only durrbl'; passports to honor and
preferment. The CD'iviction of this great truth
1 lias created an universal taste for learning and
for reading, and has convinced every parent that
the endowments of he mind, and the virtues of
the heart, are the o \]y imperishable, the only
ini'stiniable riches \t-I..2h he can leave to his
jiostority.

I '-This objection (the danger of tumults and
violence at the elections) is taken from the his-
tory of the ancient republics ; from the tunmltu-
[ary .'lections of Rome and Greece. But the
] jrtstness of the example is denied. There is no-
liliing in the laws of physiology which admits a
Ijnrallel between the sanguinary Koman, the
Ivolatile Greek, and the phlegmatic American.
I'lhcre is nothing in the state of the respective
Icountries, or in their manner of voting, which
Iniakcs one an example for the other. The Ro-
mans voted in a mass, at a single voting place,
f vcn when the qualified votei s amounted to mil-
Dions of persons. They came to the polls armed,
^11(1 divided into classes, and voted, not by heads,
but by centuries. In the Grecian Republics all
Mie voters were brought together in one great
Vity, and decided the contest in one great strug-
bli'. In such assemblages, both the inducement
lo violence, and the means of committing it, were
krepared by the government itself. In the Uni-
|ed States all this is different. The voters are
.<scmbled in small bodies, at innumerable voting
klaces, distributed over a vast extent of country.
They come to the polls without arms, without
iilious distinctions, without any temptation to
liolence, and with every inducement to hfrmony.
If heated during the day of election, they cool otf
Ipon returning to their homes, and resuming
heir ordinarr occupations.
'• But let us admit the truth of the objection.
«t us admit that the American people would
! as tumultuary at their presidential elections,
i were the citizens of the ancient republics at
he election of their chief magistrates. What
pen? Are we thenco to infer the inferiority
' the officers thus elected, and the consequent
fegradation of the countries over which they
resided ? I answer no. So far from it, that I
isert the superiority of these officers over all
Ihers ever obtained for tho same countries,
|ther by hereditary succession, or the most se-
ct mode of election. I affirm those periods of

th»

history to be the most glorious in nrniiJ
most renowned in arts, tlie most ceK-hiatcd in
k'lters. the most uscfid in practiro, and the most
happy ill the condition of the jk*o|>1''. in whii'h
the whole body of tlu' citizens voted dirocl for
the cliiof olticLT of their country. Take the
history of that romninr. wealth which yet shines
as the leading st'./ in the firmament of natioiH.
Of the twenty-tivc centuries th.it the Roman
state has existed, to what period do we look lor
the generals ami statesmen, tho jjoets and ora
tors, tho philosophers and historians, tho scuijH
tors, painters, and architects, whose immortal
works have fixed upon their country the admir-
ing eyes of all succeeding ages ? Is it '. • the
reigns of the seven first kings ? — to the reigns
of the emperors, proclaimed by the praUorian
bands ? — to the reigns of the Sovereign PontitVs,
choson by a select body of electors in a conclave
of most holy cardinals ? No — We look to none
of these, but to that short interval of four cen-
turies and a half which lies between the expul-
sion of tho Tarquins, and the re-cstablishmcnt
of monarchy in the person of Octavius Casar.
It is to this short period, during which the con-
suls, tribunes, and praetors, were annually elected
by a direct vote of the people, to which we look
ourselves, and to which wo direct the infunt
minds of our children, for all the works and
monuments of Roman greatness ; for roads,
bridges, and aqueducts, constructed ; for victo-
ries gained, nations vanquished, commerce ex-
tended, treasure imported, libraries foimded,
learning encouraged, the arts flourishing, tho
city embellished, and the kings of the earth
humbly suing to be admitted into the friendship,
and taken under the protection, of the Roman
people. It was of this magnificent period that
Cicero spoke, when he proclaimed the people of
Rome to be the masters of kings, and the, con-
querors and commanders of all the nations of
the earth. And, what is wonderful, during this
whole period, in a succession of four hundred
and fifty annual elections, the people never once
preferred a citizen to the consulship who did not
carry the prosperity and the ,^'ory of tho Re-
public to a point beyond that at which he had
found it.

"It is the same with the Grecian Ropubllcs,
Thirty centuries have elapsed since they were
founded ; yet it is to an ephemeral jicriod of one
hundred and fifty years only, tho period of jiojiu-
lar flections which intervened between the dis-
persion of a cloud of petty tyrants, and the
coming of a gr \t one in the person of Philip,
king of Macedon, that we arc to look for thut
galaxy of names which shed so much lustre upon
their country, and in which we are to find the
first cause of that intense sympathy which now
bums in our 'josoms ^t the name of Greece.

'• These short and brilliant periods exhibit the
great triumph of jiopular elections; often tu-
multuary, often stained with blood, but always
ending gloriously for the country. Then t

\h-

THIRTY' YEARS' VIEW.

ri?ht of sii(rrni;t' wns nijoycil ; flic soverei|rnty
of the |K'0|ili' waH no fiction. Then a Kul)!ini(?
HjRctiick- was swn. whvn t}ic K')mftn citizen
iulvancfd to the [lOlIs and j)roc!ftiini'<l : ' / rntr
fur Ciito III hi: Cotixul;^ the Athenian. '■ I rnlf
fur ArixliilcH lO be Arr/toii ;^ the Tliehan, '/
rule for filn/tiiias to he /{(volmr/i ;' tlie I,aco-
•ienionian, '/ vole for Li'miidfiH (o hr ftr«l of
tlv l-^/i/iori.^ An-l wliv may not an American
citizen do the same V Why ma-- " H he }:o up
to the |)oll an<l iirociaim, ' / roti' • Thonuii*
Ji'fterson to lii' I'nuiilmt (f the C I Hiluleit ? '
A\Miy is he compelled to put his vo. .<n 'lie hands
of another, and to incur all the ha.'.ards of an
irresponsible apency, when he himself could im-
mediately pive hi. own vote for his own chosen
candidate, without the slightest assistance from
agents or managers ?

'•But, said Mr. Benton, I have other objec-
tions to these intermediate electors. They are
the peculiar and favorite institution of aristocratic
i^'publics, and elective monarchiea, I refer the
iSenate to the late rejiublics of Venice and (lenoa ;
of France, and her litter; to the kinr"'om of
Poland ; the empire of (icrman}' and r.ic Pon-
tificate of Rome. On the contrary, a direct
vote by the i)eople is the peculiar and favorite
institution of democratic republics ; as we have
Just seen in the governments of Home, Athens,
Thebes, and Sparta ; to which may be added the
l)rincipal cities of the Amphyctionic and Acliaian
leagues, and the renowned republic of Carthage
when the rival of Home.

■• I have now answered tlio objections which
were brought forward in the year '87. I ask
for no judgment upon Iheir validity at that day,
but 1 allirm tiiem to be without force or rea.son
in the year 1824. Timk and expekiknce have
fo decided. Yes, time and experience, the only
infalljblc tests of pood or bad institutions, have
now shown that the continuance of the electoral
system will be both useless and dangerous to
the liberties of the people, and that 'the only
effectual mode of preserving our gorernment
from the corriiplions which have umler mined
fhe lihertij of so many nations, is, to confide
the election of our chief magistrate to those
who arc farthest removed from, the influence
of his patronage ;^* that is to say, to the

WHOLE BODY OF AmeHICAN CITIZENS '

" The electors are not indepeni .ent ; they
Iiave no superior intelligence ; they are not left
to their own judgment in the choice of President ;
they are not above the control of the people ; on
the CO. .ary, every elector is pledged, before ho
is chosen, to give his vote according to the will
if those who choose him. He is nothing but an
."igont, tied down to the execution of a precise
trust. Every reason which induced the conven-
tion to institute electors has failed. They are
no longer of any use, and may be dangerous to

* Eeport of n Committee of the IIo*..so of Rcj.rcsoutatlves
)r Mr. McUulUe's proposition.

the lilierties of the people. Thry arc not uscftil.
iK'cause they have no jiower over their own vntc.
anil because the people can vote for a President
as ta-iily as they can vote for an elector. Tluv
arc dangerous to the liberties of the {)Cople, U".
cause, in iho first place, they introduce extrnno- 1
ous considerations into the election of President;
and, in the secovd, place, they may sell the vott
which is intrusted to their keeping They in-
troduce ( xtraneous consideration.s, by brinpin-
thcir own chnractcr and their own exertion.
into the presidential canva.ss. Every one sen |
this. Candidates lor electors arc now sclect«l.
not for the rea.sons mentioned in the Federal i>t,
but for their devotion to a particular party, for
their manners, and their talent at elect ioncerini,-.
The elector miiy betray the liberties of the pco- 1
pie, by selling his vote. The operation is ea<y.
because he votes by ballot ; detection is imiws-
sible, because lie does not sign his vote; the I
restraint is nothing but his own con.science, for)
there is no legal punishment for his breach of
trust. If a swindler defrauds you out of a fowl
dollars in property or money, he is whipped and I
pilloried, and rendered infamous in the eye of I
the law ; but, if an elector should defraud 40,0(h)I
people of their vote, there is no remedy but to I
abuse him in the newspapers, where the best I
men in the country may bo abused, as much u\
Benedict Arnold, or Judas Iscariot. Even I
reason for instituting electors has failed, anijl
every consideration of prudence requires them I
to be discontinued. They ire nothing bull
agents, in a case which requires no agent; anil I
no prudent man would, or ought, to employ u|
agent to take care of his money, liis propertyT
or his liberty, when he is equally capable to|
take care of them himself.

"But, if the plan of the constitution had rotl
failed — if we were now deriving from electors I
all the advantages expected from their instit .1
tion — I, for one, said Mr. B., would still be in I
favor of getting rid of them. I should esteenil
the incorruptibility of the people, their disinte-f
rested desire to get the best man for Presideml
to be nuire than a counterpoise to all the advanl
tages which might be derived from the supciiorl
intelligence of a more enlightened, but smallcrj
and therefore, more corruptible body. I shoiiiiil
be opposed to the intervention of electors, b^l
cause the double process of electing a man til
elect a man, would paralyze the spirit of Ihel
people, and destroy the life of the election it^cltl
Dqubtless this machinery was introduced intJ
our constitution for the purpose of softening tkl
action of the democratic clement; but it akl
softens the interest of the people in the rcsuli
of the election itself. It places them at m
great a distance from their first servant. It iiJ
terposes a body of men between the people arJ
the object of their choice, and gives a false i
rcction to the gratitude of the President clect(
He feels himself indebted to the electoi'S wW
collected the votes of the people, and not to t

fH'0[iI<'. who pave thei

(■nalilcs a few men to \

it will transfer the w

into the hands of n (i

ilif humble occujiatio

liccn done by superior

" .Mr Benton rcferre

jirovc the correctness (

•• lie mentioned the

licpublic, of the year

Till' jieople to choose

J tlic Councils of Five I]

I and these, by a furthe

I clioose the Five Direct

I lie jicoplc had no coi

Jlhtir Chief Magistrate!

I their fate. They hb. ,

leach other from the pi

I, tame indifference with

I the entrance and the ea

J the .stage. It was the sa

Ifern Republics of "-hich

Jdelivcred, while overtui

Iroiw. The » institution

lj)ine, and Parthenopia

Iduplicatcs of the moth

lo'id all shared the same

Isular constitution of tl

hear of French liberty J

tof the electoral systen

lalone, that profound o

jtiie besom of his retrcj

lAlps, predicted and pi

Liberty in France. He

Ihat 'Liberty would b

L\y KIND OF SUBSTITi;-

tioNs : ' and the result '

bur years.

CHAPTE

IXTERXAL TRADE "ff

pE name of Mexico, the
liver minea possessed
larm for the people o
luarded from intrusion
Jd despotic power, and
labor in the mines, the
kry attempt to penetra
Iv, still the dazzled im
Wits of the Great West
iterprise; and failure a
M labor, were not su
Iiers. The journal of

ANNO 1824. JAMES MONROE, PRt^IDKNT.

fH'OpIo. who pave tlit-ir votes to the electors. It
iniilili'S ft fi'W men to povern ninnj . and, in time,
it will transfer the whole jHwer of the election
into the lmn«ls of n few, leaviiijj to the fwoifle
till' iiiinible occujiation of confirming what has
liirn •lo'"'' ^y fiiipt'rior authority.

" Mr Benton referred to historical examples to
prove the correctness of his opinion.

' Ho mentioned the constitution of the French
I Republic, of tlio year III. of French liberty.
The people to choose electors ; these to choose
tlic Councils of Five Hundred, and of Ancients ;
and these, by a further process of filtration, to
clioose the Five Directors. The effect was, tliat
the people had no concern in the election of
ihiir Chief Magistrates, and felt no interest in
their fate. They ku . them enter and expel
Icacliother from the political theatre, with the
I same indifference with which they would see
I the entrance and the exit of so many jilayers on
I the stiigo. It was the same thing in all the subal-
Itirn Republics of "-hich the French armies were
Idclivcred, while overturning the thrones of Eu-
|ro[x>. The ( institutions of the Ligurian, Cisal-
j])ine, and Parthcnopian Republics, were all
Iduplicatcs of the mother institution, at Paris ;
lo'id all shared the same fate. The French con-
sular constitution of the year VIII. (the last
year of French liberty) preserved all the vices
of the electoral system ; and from this fact,
klone, that profound observer, Neckar, from
[he bosom of his retreat, in the midst of the
|Alps, predicted and proclaimed the death of
Liberty in France. He wrote a bock to prove
Ihat 'Liberty would be ruined by providing

Ixy KIND OF SUBSTITUTE FOR POPULAR Ei.EC-

tioss : ' and the result verified bis prediction in
■our years."

CHAPTER XVI.

ISTEKNAL TUADE WITH NEW MEXICO.

[he name of Mexico, the synonyme of gold and
liver minea possessed always an invincible
parm for the people of the western States,
luarded from intrusion by Spanish jealousy
nd despotic power, and imprisonment for life,
: labor in the mines, the inexorable penalty for
kery attempt to penetrate the forbidden coun-
ly, still the dazzled imaginations and daring
lirits of the Great West adventured upon the
Iterprise; and failure and misfortune, chains
Id labor, were not sufilcient to intimidate
Piers. The journal of (the thei» lieutenant,

afterwards) General Pike inflamed this spirit,
and induced new adventurers to hazard the on-
terprlse, only to meet the fate of their prwlecos-
sors. It was not until the Indejicndence of
Mexico, in the year 1821. that the frontiers of
this vast and hitherto sealed up country, were
thrown open to foreign ingress, and trade and
intercourse allowed to take their course. The
State of Misso'iri, from her geographical posi-
tion, and the adventiirous spirit of her inhabit-
ants, was among the first to engage in it ; ami
the "Western Internal Provinces" — the vast
region comprchei;ding New Mexico, El Paso del
Norte, New Biscay, Chihuahua, Sonora, Sinaloa,
and all the wide slope spreading down towardi?
the Gulf of California, the ancient " Sea of Cor-
tez" — was the remote theatre of their cour-
ageous enterprise — the further off and the less
known, so much the more attractive to their
daring spirits. It was the work of individual
enterprise, without the protection or co'inte
ancc of the government — without even its know-
ledge — and exposed *o constant danger of life
and property fro. j untamed and predatory
savages, Arabs of the New World, which roam-
ed over the intermediate country of a then' and
miles, and considered the merchant and his
goods their lawful prey. In three years it had
grown up to be a new and regular branch of in-
terior commerce, profitable to those engaged in
it, valuable to the country from the articles it
carried out, and for the silver, the furs, and the
mules which it brought back ; and well entitled
to the protection and care of the government.
That protection was sought, and in the form
which the character of the trade required — a
right of way through the countries of the tribes
between Missouri and New Mexico, a road
marked out and security in travelling it, stipula-
tions for good behavior from the Indians, and a
consular establishment in the provinces to bo
traded with. The consuls could be appointed
by the order of the government ; but the road,
the treaty stipulations, and the substantial pro-
tection against savages, required the aid of the
federal legislative power, and for that purpose a
Bill was brought into the Senate by me in the
session of 1824-25; and being a novel and
strange subject, and asking for extraordinary
legislation, it became necessary to lay a foun-
dation of facts, and to furnish a reason and an
argument for every thing that -was asked. I

t •

THIRTY YEARS' VIEVT

jircxliiced a statcimnt from those cnpipwl in the
trade, amonjr otlit-rH from Mr. AupuHtiis StorrH,
)nfc of Nl'W IlaiiipKliire, then of Missouri — a
jri'iitlinian of cliaractiT and intellijrcncc, very
capable of rtlatin^ tlilnps as they were, and in-
rnimhle of nlalin;? tlicm otherwise; and who
h;i(l been (HT' oiially enjraged in tho tnulc. In
presentin;? his statement, and moving to l.ivo it
printed for tho use of tho Senate, I said :

'• Tliis frtiitkinan liad been one of a caravan of
eiphty persons, one liundred and lifty-six horses,
and twenty-three wagons und carriajrea, which
had made tiic expedition from Missouri to Santa
Fe (of New Mexico), in the months of May
and June last. His account wa.s full of interest
and novelty. It .sounded like romance to hear
of caravans of men, liorses, and wa^ns, travers-
ing with their merchandise tho vast plain which
lies between tho Mississippi and tho Hio del
Norti; The story seemed better adapted to Asia
than to North America. IJut, romantic as it
might seem, the reality hnd already exceeded the
visi MIS of the wildest imn^ination. The journey
to N i!w Mexico, but lately deemed a chimerical
project, had become an affair of ordinary occur-
lence. Santa Fu, but lately tho Ultima Thule
of American enterprise, was now considered as
a stage only in tho progress, or rather, a now
point of departure to our invincible citizens.
Instead of turning back fiom that point, tho
caravans broke up there, and the subdivisions
branched olf in diilerent directions in search of
new theatres for their enterprise. Some pro-
ceeded down the river to tho Paso del Norte ;
some to the mines of Chihuahua and Durango,
in the province of Now Biscay ; some to Sonora
and Sinaloa, on the Gulf of Califoniia; and
some, seeking new lines of communication with
the Pacific, had undertaken to descend tho west-
••rn slope of our continent, through the unex-
plored regions of the Colorado. Tho fruit oi"
these entcrpiisc'S, for tho present year, amounted
to ^1 yO.OOO in gold and silver bullion, and coin,
ami precious furs ; a sum considerable, in itself,
in tho coinmerco of an infant State, but chiefly
deserving a statesman's notice, as an earnest of
what might be expected from a regulated and
protected trade. The principal article given in
exchange, is that of which wo have the greatest
abundance, and which has the peculiar advantage
of making the circuit of the Union before it
departs from the territories of the republic —
cotton — which grows in tho South, is manu-
factured in tho North, and exported from tho
West.

" That tl'.e trade will bo beneficial to the
inhabitants of tho Internal Provinces, is a pro-
position too plain to bo argued. They arc a
people among whom all the arts arc lost — the
ample catalogue of whose wants may be inferi-od
from the lamentable details of Mr. Storrs. No

l)ookBl no newspapers ! iron a dollar a \\n\\r\i\
cultivatinfi: tho earth with woo<l«'n tools! imr
spinning iifmn a stick ! Such is the picture ofi I
f>eoplo whoso fathers wore tho proud title of
•* Citrnpierora ;" whoso ancestors, in the timu of I
Charles the Fifth, were tho pride, tho terror, nn! I
tho moflel of Europe; and such has lieen tl:i
jiowcr of civil and religious despotism in accoin. I
plishing tho degradation of tho human specie-:
To a people thus abated, and so lately arrivcc]
at the |)Ossc88ion of their liberties, a supply of I
merchandise, upon tho cheapest terms, is thtl
least of the bcnoflts to be derive<i from a com-
merce with tho people of the United Stites. The |
consolidation of their republican institutions,
the improvement of their moral and social con- 1
dition, tho restoration of their lost arts, and the I
development of their national resources, an; I
among the grand results which philanthroiijl
anticipates from such a commerce. |

"To tho IndiuiiS themselves, the opening of si
road through their country is an object of vital [
importance. It is connected with the prcserva-|
tion and improvement of their race. For two!
hundred years tho problem of Indian civilization!
has been successively presented to each genera- 1
tion of tho Americans, and solved by each in thel
same way. Schools nave been set up, coUcpesI
founded, and missions established ; a v/onderfujl
success has attended tho commencement of evcrjl
undertaking ; and, after some time, the schools.!
tho colleges, tho missions, and tho Indians, havtl
all disappeared together. In tho south aloml
have we seen an exception. There the nationil
have preserved themselves, and have made J
cheering progress in tho arts of civilizatioal
Their advance is tho work of twenty years. Ill
dates its commencement from the opening oil
roads through their country. Roads inducdl
separate families to settle at tho crossing oil
rivers, to establish themselves at the best sprinisl
and tracts of land, and to begin to sell graiil
and provisions to the travellers, whom, a fcil
years before, they would kill and plunder. ThiiT
imparted tho idea of oxclu.sive property in thl
soil, and created an attachment for a fixed re^>^
donee. Gradually, fields were opened, housej
built, orchards planted, flocks and herds acquire
and slaves bought. Tho acquisition of thijJ
comforts, relieving tho body from the torturinj
wants of cold and hunger, placed the mind inf
condition to pursue its improvement. — This, Jlil
President, is tho true secret of the happy ailj^
vauce which the southern tribes have made i
acqiiiring the arts of civilization ; this has f titJ
them for tho reception of schools and missiomf
and doubtless, tho same cause will produce ttf
same elfects among the tribes beyond, which q
has produced among the tribes on this side a
tho Mississippi.

" Tho right of way is indispensable, and i
committee have begun with directing a bill to li
reported for that purpose. Happily, there i
no constitutional objections to it. State ri^bl

ANNO lSi4. .IAMF>* MONR(»K. rUKslDF.NT.

4.T

are in no tlanjrt'r ! Tliu rond which is oontein-
tilati-<l will trL'H|)a.<M \\\wi\ thu tuiil, or iiifrinpo iifion
the jurisdiction of nu Stats wimtsoever. It runs
n (otirsu and a distance to avoid nil tlmt ; for it
li(',;ins ii|ion tliu outside lino of the oiitsidu State,
Hiid runs directly otf towards the setting sun —
far awar from all the States. Tho Confess and
the Indians are nlono to bo consuIti-<l, and tho
(Statute book is full of precedents. Protesting
aiiainst the necessity of producing precedents for
ail act in itself pregnant with propriety, I will
vet name a few in order to illustrato the policy
oi' t,\ic government, and show its readiness to
make roads through Indian countries to facilitate
the intercourse of its citizens, and even upon
foreign territory to promote commerco and na-
tional communications."

Precedents wcro then shown. 1. A road from
Xa-shvillo, Tennessee, through tho Chicasaw and
Choctaw tribes, to Natchez, 180G ; 2, a road
through tho Creek nations, from Athens, in
Georgia, to tho 31st degree of north latitude, in
the direction to Now Orleans, 1800, and con-
tinued by act of 1807, with the consent of tho
[Spanish government, through tho then Spanish
1 territory of West Florida to New Orleans;
Is, three roads through the Cherokee nation, to
lopcn un intercourse between Georgia, Tennessee,
land tho lower Mississippi ; and more than twenty
lothers upon tho territory of the United States.
iBut the precedent chiefly relied upon was that
Ifrom Athens through tho Creek Indian territory
pd the Spanish dominions to New Orleans. It
vas up to the exigency of tho occasion in every
particular — being both upon Indian territory
Aiithin our dominions, and upon foreign territory
leyond them. The road I wanted fell within
Ihe terms of both these q: salifications. It was
|o pass through tribes within our own territory,
atil it reached the Arkansas River: there it
net the foreign boundary established by the
Ireaty of 1819, which gave away, not only
lexas, but half the Arkansas besides ; and thi
lill which I brought in provided for continuing
he road, with tho assent of Mexico, from this
oundary to Santa Fe, on the Upper del Norte,
[deemed it fair to give additional emphusis to
pis precedent, by showing that I had i\. from
ir. JclTerson, and said :

'• For a knowledge of this precedent, I am in-
Icbtcd to a conversation with Mr. Jefl<>rson
unself. In a late excursion to Virginia, I
lailed myself of a broken day vo call and pay
Iv respents to that patriarchal statesman. The
Idividual must manage badly, Mr. President,

who can find hiinvelf in th(» |in"!fiici-> of that
great man, and retire fn)m it without Juiiiiriinr
otfsome (wt, or suuie iimxini, of ciiiiiioiit utility
to ttie huninn rnce. I tiiist that I did not s.i
manage. I trust Ihiit, in hrin^'inj; i>ir n (art
which le<l to tho discovery of the priTrdiiit,
which is to remove the only serious olijeclion to
the road in question, 1 have done a servire, if not
to the human family, at least to the citizens of
tho two greatest Hepnblics in the world. It
wa.s on tho evening of Christinas day that 1
called upon Mr. Jelferson. Tho conversation,
among other things, turned uiion roads. Ilu
spoke of one from Georgia to New Orleans,
made during the last term of his own adminis-
tration, lie said there wap a manuscript map
o^ it in the library of Congress (fomicrly his
<, An), bound up in u certain volume of maps,
which ho described to mc. On my return to
Washington, I searchctl tho statute book, ond I
found tho acts which authorized the road to bo
made : they are tho same which I liave just read
to tho Senate. I searched the Congress Library,
and I found the volume of maps which ho had
described; and hero it is (pnsenting a huge
folio), and there is tho maj) of the road from
Georgia to New Orleans, more than two hun-
dred miles of which, marked in blue ink, is
traced through the then dominions of tho King
of Spain ! ''

The foreign part of the road was the difficulty
and was not entirely covered by tho precedent.
That was a road to our own city, and no other
direct territorial way from tho S-^'ithern States
than through tho Spanish province of West
Florida: this was a road to bo, not only on
foreign territory, but to go to a foreign country.
Some Senators, favorable to the bill, were
startled at it, and Mr. Lloyd, of Massachusetts,
moved to strike out the part of tho section
which provided for this ex-territorial national
highway ; but not in a spirit of hostility to tho
bill itself providing for protection to a branch
of commerce. Mr. Lowrie, of Pennsylvania,
could not admit the force of tho objection, antl
held it to be only a modification of what was
now done for the protection of commerce — the
substitution of land for water ; and instanced the
sums annually spent in maintaining a fleet in
the Mediterranean Sea, and in tho mo«t remote
oceans for the samo purpose. Mr. Van Buren,
thought the government was bound to extend
the same protection to this branch of trade as
to any other; and the road upon tho foreign
territory was only to be marked out, not made.
Mr. Macon thought the question no great mat-
ter. Formerly Indian traders followed " traces : "

If
.if

TIIIKTV YKAIW VIKW

now they miint linvo roniN. lie dil not cnrc
for prcctMlcntH : they «"• p'^rnlly P'>"<' '"" ''*''
»H tln'y suit or rross our |iiir|)Osi'H. Tlie ra-xu
of thcrowl iiiailu \>y Mr. Jcllirson wan ililltrfnt.
Thnt roftil was ina<lo lunonij Ituiimis c tiipnra-
tivcly civili/.cil, and who liad wm>o notions of
pro|R'rty. Hut tin- jiroiHiscd road now to Ikj
markc>d out would piitiH tlirou;rh wild triU'S who
tliink of nothing hut killing and rohhinj; a whitt-
man tlie ninmcnt they seo him, and would not
be ri'strainod liy treaty ohli-rationH even if tlicy
entered into them. Col. Johnson, of Kentucky,
had neier lic-ilated to vote tho mon«'y which
was necessary to protect tlio lives or j)ropcrty
of our Kca-furing men, or for Atlantic fortifica-
tions, or to su|)press piracies. We had, nt this
session voted SioOO.OOC suppress piracy in the
■\Vest Indies. We build ships of war, erect light-
houses, spend annual millions for the protection
of ocean commerce ; and ho could not suppose
that the sum proposed in tliis bill for the protec-
tion of an inland branch of trade so valuable to
the West could bo denied. Mr. Kelly, of Ala-
bama, said the great object of tho bill was to
cherish ami foster a branch of commerce already
in existence. It is carried on by land throngh
several Indian tribes. To be safe, a road must be
had— a right uf way — "a trace," if you please.
To answer its purpose, this road, or ^^ trace,"
must pa.ss tho boundary of the United States,
and extend several himdred miles through tho
wilderness country, in tho Mexican Republic to
tho settlements with which tho trafBc must bo
carried on. It may bo well to remember that tho
Jloxican government is in the germ of its exist-
cnoe, struggling with difficulties that wo have
long since surmounted, and may not feel it con-
vci^ient to make the road, and that it is enough to
permit us to mark it out upon her soil ; which Is
all that this bill proposes to do within her limits.
Mr. Smith, of Maryland, would veto for tho
bill. The only question with him was, whether
commerce could be carried on to advantage on
the proposed route; and, being satisfied that
it could be, he should vote for the bill. Mr.
Brown, of Ohio (Ethan A.), was very glad to
hear such sentiments from the Senator from
Maryland, and hoped that a reciprocal good
feeling would always prevail between different
sections of the Union. He thought there could
be no objection to the bill, and approved tho
policy of getting the road upon Mexican territory

with tho consent of the .Mexican jrovcmmcnt,
The bill prw*ic<l tho iScnato by a larjre vote — ''M
to 12; and these arn the names of the Senalofi
voting for and against it :

Ykah. — Messrs. Burton, Benton, Boidigny
Brown, D'Wolf, Eaton, Edwards, Elliott, Holnin
of Mis Jocks^in (the General), Johnson of
Kentucky, Johnston of Imu,, Kelly, Knight,
Lanman, Lloyd of Mo**., Lowrie. Mcllvaine,
Mcl,«an, Noble, Palmer, Parrott, Buggies, Sey-
mour, Smith, Talbot, Taylor, Thomas, Van
Buren, Van Dyke — 30.

Navs. — Messrs. Branch, Chandler, Clayton,
Cobb, Gaillard, Ilayne, Holmes of Maine, Kinj;
of Ala., King of N. Y., Macon, Tazewell, Wil-
liams — 12.

It passed tho House of Itcprescntatives by a I
majority of thirty — received the approving sig-
nature of Mr. Monroe, among the last acts of
his iniblic life — was carried into effect by his
successor, Mr. John Quincy Adams — and tliij
road has remained a thoronghfaro of commerce
between Missouri and New Mexico, and all tiie|
western internal provinces over since.

KeproMntatircii ; of

CHAPTER XVII.

PKESinENTIAL AND VICE-PKESIDENTIAT. ELE&I
TION IN THE ELECTORAL COLLEGES.

Four candidates were before tho people for thel
office of President— General Jackson, Mr. JohJ
Quincy Adams, Mr. William II. Crawford, anJ
Mr. Henry Clay. Mr. Crawford had been nomj
inated in a caucus of democratic members c(|
Congress ; but being a minority of tho raemberJ
and the nomination not in accordance with puSl
lie opinion, it carried no authority along with iJ
and was of no service to the object of its choict]
General Jackson was the candidate of the p>|
pie, brought forward by the masses. .MrJ
Adams and Mr. Clay were brought forward \m
bodies of their friends in different States. Tfci
whole number of electoral votes was 2G1 ; dl
which it required 131 to make an election. .\J
one had that number. General Jackson
the highest on tho list, and had 99 votes ; .Mi|
Adams 84 ! Mr. Crawford 41 ; Mr. Clay
No one having a majority of the whole of ela
ors, tha electioo devolved upon the House o

CHAPTE

DEATH OF JOHN TA

ANNO 1824. JAMF>* MoMlOt; rUtXIDKNT.

4:)

ReprcTCntatircfi ; of whirh an anrotint will be
OTVvn ill a separate chnitter.

Ill tho vice |irt>aiiii'iitial election it wad ilif-
fcniit. Mr. John C. Calhoun (who in tho l>c-
cinnini; <>( tho canvaxH had l>ccn a canilidalc
for tiic Presidency, but hail Iwon witlulrawn by
his fiioihls in Pennsylvania, and put forwanl
f,ir Vioe-l'resident), received 1H2 votes in the
eloctiiral cullcf^, and was elected. Mr. Nathan
Sanilford, Senator in ConpresH from New-York,
lm<l been placed on tho ticket with Mr. Clay,
and received 30 votes. Tho 24 votes of Vir-
(iiiiia were Riven to Mr. Macon, as a compli-
ment, he not being u candidate, and having
refused to become one. Tho nine votes of
Georgia were given to Mr. Van Burcn. also as a
compliment, ho not being on the list of candi-
dates. Mr. Albert Gallatin had been nominated
in the Congress caucus with Mr, Crawford,
but finding the proceedings of that caiicus nn-
acceptablo to tho people ho had withdrawn from
thu canvass. Mr. Calhoun was the only sub-
stantive vicc-prcsidcntial candidate before the
people, and his election was an evidence of good
fi-cling in tho North towards southern men — he
receiving tho main part of his votes from that
quarter — 114 votes from tho non-slavcholding
States, and only 68 from tho slaveholding. A
suiitlicm man, and a slaveholder, Mr. Calhoun
was indebted to northern men and non-slave-
holders, for the honorable distinction of an elec-
tion in tho electoral colleges — the only one in
the electoral colleges — tho only one on all the
I lists of presidential and vice-presidential candi-
dates who had that honor. Surely there was
no disposition in tho free States at that time to
bo unjust, or unkind to the South.

CHAPTER XVIII

DEATH OF JOHN TAYLOK, OF CAUOLINE.

IFoh by that designation was discriminated, in
pis own State, tho eminent republican statesman
pf Virginia, who was a Senator in Congress in
[the first term of General Washington's adminis-
[tration, and in the last term of Mr. Monroe —
nd who, having voluntarily withdrawn himself

from that hi;;h station during the inteniii-<liate
thirty years, devoted liini«.e!r tu the noble pur-
suits of agriculture, literature, the study of po
litioal economy, and the service of his State ot
county when calleii by his foilow-citi/.ens. Per-
sonnlly I knew him but slightly, our meeting in
the Senate being our llrst ncr|imintanee, ami our
senatorial association limited to the single ses*
sion of which ho was a member — 1«2.'!-121 ; — at
the end of which he died. But all my observa-
tion of him, ami his whole apjiearancti nnd de-
portment, went to conlirm tho reputation of his
individuality of character, and high (|iialities
of tho head and the heart. I can hanlly flguro
to myself tho ideal of a republican statesman
more perfect ami complete than he was in re-
ality*. — plain and solid, a wise counsellor, a ready
and vigorous debater, acute and comprehensive,
ripo in all historical and political knowledge, in-
nately republi'-an— modest, courteous, benevolent,
hospitable — a skilful, practical farmer, giving his
time to his farm and his books, when not called
by an emergency to the public service — nnd re-
turning to his ]x)oks and his farm when tho
emergency was over. His whole character was
announced in his looks and deportment, nnd in
his uniform (senatorial) dress — the coat, waist-
coat, and pantaloons of tho same '"London
brown," and in tho cut of a former fashion —
beaver hat with ample brim — fine white linen
— and a gold-headed cane, carried rot for show,
but for use and support when walking and
bending under the heaviness of years, lie
seemed to have been cast in tho same mould
with Mr. Macon, and it was pleasant to see
them together, looking like two Grecian sages,
and showing that regard for each other which
every one felt for them both. lie belonged to
that constellation of great men which shone so
brightly in Virginia in his day, and tho light of
w lich was not limited to Virginia, or our Ame-
rica, but spread through the bounds of tho civi-
lized world. He was tho author of several
works, political and agricultural, of which his
Ai-atar in one class, and his Construction Coii'
Htrued in another, were the principal — ona
adorning and exalting the plough with the attri-
butes of science ; the other exploring the confines
of the federal and tho State governments, and
presenting a mine of constitutional law very pro-
fitably to be examined by the political student
who will not be repulsed from a banquet of rich

TinnTY YEARS' VIKW.

i'lcaM, hy tlio ipmint Sir Kilwnnl Coko Btylo—
(llio only |»oint of rfwinManrc U-twoi'ii the
r'liiiJiIirnii "^tat'-sinnii. mil the rn>wn odlrtT of
KlizilK'tli and Juiiics)— in wliicli it \h dn-Hswl.
Devotion to Stntc riKhtH wns the ruling feature
fif ]m j«»liry; nn<l to kiop Ixith povernmentH,
Staff* and fidiTid, within their roNi»ectivc con.sti-
tiitional orJtits, wrh the InJtorof his ?»oli(ical life.
In the j-eiirs 171^ nnd ".»!», Mr. Taylor was a
ineinhcr of the (ion iid Asscinhly of his State,
niUed into Kervioe l»y the rireuinstances of the
times ; ami wassehrted on aeroiintof thcdipnity
nnd gravity of his r'mrneter, his power and rea-
diness in dehnte, and his si;riial devotion to the
rights of the States, to Ininp forwanl those cele-
lirated resolutions which Mr. Jeflerson conceived,
whieh his friends sanelioncd. which Jlr. Madison
drew iij), nnd which " John Taylor, of Caroline,"
Iircsentcd ; — which arc a perfect exposition of
the principles of our duplicate form of govern-
ment, an<l of the limitations upon the p<jwer
of the federal Rovernmcnt ; — and which, in tlicir
declaration of the unconstitutionality of the
alien and sedition laws, nnd appeal to other
States for their co-operation, had nothing in view
l)ut to initiate a State movement by two-thirds of
tlio States (the number required by the fifth
article of the federal constitution), to amend, or
authoritatively expound the constitution 5 — the
idea of f/rciblo resistance to the execution of
any act of Congress being expressly disclaimed
at the time.

CIIAPTEll XIX.

I'KESIDKXTIAL KLKCTIOV IN THE HOUSE OF
KElUEEsENTATIVES.

It has already been shown that the theory of
the constitution, and its practical working, was
entirely difTcrent in the election of President and
Vice-President — that by the theory, the people
were only to choose electors, to whoso superior
intelligence the choice of fit persons for these
high stations was entirely committed — and that,
in practice, this theory had entirely failed from
the beginning. From the very first election the
electors were made subordinate to the people,
having no choice of their own, and pledged to
deliver their votes for a particular person, ac-
eorJing to the will of those who elected them.

ThuK the theory lia<l failr<l in itn Kpplicatk)n to
the electoral rollej{»»; hut there mi^rht \ir ?
Hwoml or contingent election, and has l»cen ; nn i
hero the theory of the constitution has fiuli'.|
again. In tlio event of no clioico being made Iv
the electors, either for want of a majority nf
electoral votes being given to any one. or on a<-
count of an eqiial majority for two, the IIouk
of Uepresentntives became an electoral eollc^'"
for the occasion, limited to a choice out of th;
five highest (twforo the constitution wax amin'I- 1
ed), or the two liighest having an equal majoritv.
The President and Vice-President were not
then voted for separately, or with any desipia.
tion of their office. All appeared upon the
record an presidential nominees — the highest on 1
the list having a majority, to bo President ; t!n
next highest, also having a majority, to bo \"n\.
President ; but the people, from tlwi beginning', [
had discriminated between the persons for these
respective places, always meaning one on tiiciri
ticket for President, the other for Vice-Presiden*, I
But, by the theory of tho constitution and j:;!
words, those intended Vice-Presidents might l* I
elected President in tho House of IlepresentaJ
tives, either by being among tho five higlnsJ
when there was no miy'ority, or being one of twJ
in an equal majority. This theory failed in thel
House of Representatives fVom tho first election,!
tho demos krateo principle — tho people to povl
crn — prevailing there as in the electornl collcfrcJ
and overruling tho constitutional design in each. [
The first election in tho House of Represent»|
tives was that of Mr. Jefferson and Mr. Burri
in the scs.sion of 1800-1801. These gentlcmeiil
had each a majority of tho whole number ofl
electoral votes, and n equal majority — 73 eacil
— Mr. Burr being intended for Vicc-Prcsi(lcnt|
One of the contingencies had then occurred 1:1
which tho election went to tho House of Rcprcl
sentativcs. Tho federalists had acted iiionl
wisely, one of their State electoral colleges (tliail
of Rhode Island), having withheld a vote froii|
tho "intended Vice-President on their side, Jlrl
Charles Colesworth Pinckney, of South Cara-I
lina ; and so prevented an equality of votes be-l
tween him and Mr. John Adams. It woiildl
have been entirely constitutional in the IIou^l
of Representatives to have elected Mr. Burl
President, but at the same time, a gross viol J
tion of tho democratic principle, which requiral
the will of the majority to bo complied witLl

n\jv sixlirn Sl«ti>H, ai

r iia- of inne to edir

thirty-sixth Mr. Jelfei

'!\, and two were divi

Irallot Mr. Jefferson

(Iwrtecl. General Han

[iiiidie life, took a decit

ii>iiig above all personi

liuiis, and urging the fi

I iiing to vote for Mr. Je

cratic principle prevail

U'ople was elected by t

tivi's; and the struggle

had o|)poKed that princ

1V.1H broken down, and

jclfotions, was left in a s

didatu at the ensuing pr

led but fourteen votes

Lvcnty-six. Burr, in

Iwhose connivance tho f

Vis ruined—fell under t

^liirty, disappeared from ]

fccn afterwards in crimi'i

ip; his life in want and

tion itself, in that parti(

lion), was broken down, a

IS to separate tho presidei

Jcniial ticket, giving eat

tlio event of no electic

;'es, sending each to sep

|iit;hcst on tho presidentii

IcprescntativcB,— the tw

presidential, to tho Seni

lie first struggle hi the

ives (in relation to the

Etween the theory of th

cmocratic principle— triu

iiintoitsoppo.ser8,andd

tho constitution, whi<

^niggle.

Tho second presidential

'Representatives was afti

' a century, and under

^tion, which carried tho

« to the House when n

' the electoral votes. {

i>hnQuincy Adams, and

1, were the three, their

f) 8^, 41 ; and in this a

AXXO 18i8. JAMt-S MDMIOF; »'1:I>11)KNT.

tlie fciKrnl St«lo« undirtook to oleot Mr. Biirr, |
mil l^i'Pt "I* "'" *<tru){Klt) tor Hovcn dav^ intl
uijrht:*, »n<l until tho thirty-NJxlh ballot. There |
mre tiixtwii .Slali«n. and it rp«jiiirv<l tlic roticur-
Mirt! of ninu to ctli-ct an clt-ction. Intil tho
tliirly-w-'tth Mr. JcfllTHon had I'iRht, Mr. Burr
j i.x, and two wiTo divided. On tho thirty-Kixth
li^illut Mr. JutriTM>n had ton Slates and was
(lictcMJ. Gunural Hamilton, thoui^h not then in
Tiiililic lift', took a decided part in thiii election,
ri-iiiK aliovc all |H.>rsonal and all party conoidora-
tions, and urpnt; tho federaliHtii fmm tho bc(;in-
,iin;» to vote for Mr. JelFerson. Thus tho demo-
cratic principle prevailed. Tho choice of tho
I p<^)(ile wa.s elected by tho Ilouao of IleprcHcnta-
Itivcs; and the Rtru^fi;lo was fatal to thoso who
liiid opi)osed that principle. Tho federal party
|\v,iH broken down, and at tho ensuing Congress
Icl^'otions, was left in a sniuU minority. Its can-
Idiilate at the ensuing presidential election recoiv-
|(ii hut fourteen votes out of one hundred and
L,vcnty-six. Burr, in whoso fiuor, and with
Iwiiosc connivance tho struggle had been made,
|\vas ruined — fell under tho ban of tho republican
tiarty, disappeared from public life, and was only
[iccn afterwards in crimmal enterprises, and end-
ng Iiis life in wiuit and misery. The constitu-
kion itself, in that particular (tho raodo of dec-
lion), was broken down, and had to bo amended so
ks to separate tho presidential from the vice-presi-
peniial ticket, giving each a scparato vote; and
1 tlio event of no election by tho electoral col-
;;cs, sending each to separate houses — the three
jiij^hcst on tho presidential lists to the IIouso of
[leprcscntativcB, — tho two highest on the vice-
krcsidential, to tho Senate. And thus ended
jlio first struggle in tho House of Rcpresenta-
pves (in relation to tho election of President),
etwccn the theory of tho constitution and the
|cmocratic principle — triumph to tho principle,
lin to its opposers, and destruction to tho clause
tho constitution, which permitted such a
Itnigglo.

j Tho second presidential election in the IIouso

f Representatives was after the lapse of a quarter

a century, and under tho amended consti-

btion, which carried tho three liighest on the

pt to the House when no one had a majority

the electoral votes. General Jackson, Mr.

^hn Quincy Adams, and Mr. William H. Craw-

d, were tho three, their respective votes being

f, 84, 41 ; and in this case a second struggle

Uwk pliire iH'twwn the theory of t?io ooiislitu
tiun and tliu dcnxM-mlic principle ; aii<l with
ev«'ntual defeat to the «p|H)si>ri( of llmt principle,
though tein|K»rarily Hiure-wfnl. .Mr. Aduni'* wn*
ele<:'te<l, tliou(rh (ieneral .lackKon was tliu ••liiii«'o
of the people, liaving rcct-ived the prcatesl num-
Ikt of votes, and Ininj; un<loulitedly the stfoitd
choice of several States whoso voles had been
given to Mr. Crawfori and Mr. Clay (at tho
g:'nerttl ele"'.!oii). The reprenentiilives from
some of these States gave the vote of the State to
Mr. Adams, tipon the ar}rument that he was best
qualifle<l for tho station, ami that it wxs dan-
gerous to our institutions to elect a military
chieftain — an argtunent whieh ossuiued a iiaril-
ianshipover the i)eo|ile, and iiiii)lied tho necessity
of a superior intelligence to guiilo them for their
own good. Tho election of Mr. Adams was
perfectly constitutional, and as such fully ; ib-
mittcd to by tho people ; but it was also a viola-
tion of thu deinna kmico principle ; and that
violation was signally rebuked. All tho re|)re-
scntatives who voted against the will of their
consiituents, lost their favor, anil disappeared
from public life. Tho representation in tho
House of Representatives was largely changed
at tho first general election, and presented a full
opposition to tho new President. Mr. Adams
himself was injured by it, and at the ensuing
presidential election was beaten by General
Jackson more than two to one — 178 to 83. Jlr.
Clay, who took tho lead in tho House for Mr.
Adams, and afterwards took upon himself tho
mission of reconciling the people to his election
in a scries of public speeches, was himself crip-
pled in the effort, lost his place in th 'omocratic
party, joined tho whigs (then ca,','- ,i utional
republicans), and has since presented the dis-
heartening spectacle of a former great leader
figuring at the head of his anrint foes in all
their defeats, and lingering on their rear in their
victories. Tho democratic principle was again
victor over tho theory of tho constitution, and
great and good were tho results that ensued. It
vindicated tho devtoa in their right and their
power, and showed that tho prefix to tho con-
stitution, "Wo, the people, do ordain and es-
tablish," &c., may also bo added to its adminis-
tration, showing them to be as able to administer
as to make that instrument. It re-established
parties upon the basis of principle, and drew
anew party lines, then almost obliterated under

•nim-n' years* vikw.

the fusion of jwrt'CH during the "era of poml
ftt'linjr," 1111(1 the efforts of leading men to make
personal parties for themselves. It kIiowckI the
conservative power of our ftovcmmcnt *o lie in
the jteople, more than in it.s constituted authori-
ties. It showed that they were capable of ex-
ercising the function of self-povemment. It
assured the sii|)remary of the democracy for a
lonj? time, and until tempororily lost by causes
to be shown in their pmpcr place. Finally, it
Mas H caution to all public men apainst future
attempts to povorn presidential elections in the
House of l{ei)rcscntatives.

It is no part of the object of this " Thirty
Years' View " to dwell upon the conduct of indi-
viduals, except as showing the causes and the
consequences of events ; and, under this aspect,
it becomes the gravity of history to tell that, in
these two struggles for the election of President,
those who struggled against the democratic
princii)le lost tlieir places on the political theatre,
— the mere voting members being put down in
their States and districts, and the eminent actors
for ever ostracised from the high object of their
ambition. A subordinate cause may have had
its eflect, and unjustly, in prejudicing the public
mind against Mr. Adams and Mr. Clay. They
had been political adversaries, had co-operated in
the election, and went into the administration to-
gether. Mr. Clay received the office of Secretary
of State from Mr. Adams, and this gave rise to
the imputation of a bargain between them.

It came within my knowledge (for I was then
mtimato with Jlr. Clay), long before the elec-
tion, and probably before Mr. Adams knew it
himself, that Mr. Clay intended to support him
against General Jackson ; and for the reasons
afterward averred in his public speeches. I made
this known when occasions required roe to speak
of it, and in the presence of the friends of the
impugned parties. It went into the newspapers
upon the information of these friends, and Mr.
Clay made me acknowledgments for it in a let-
ter, of which this is the exact copy :

'• / have received a paper published on the
iiO/Zi, ultiiuo, at Lemington, in Virginia, in
which is contained an article stating that you
had, to a gentleman of tluit place, expressed
your disbelief of a charge injurious to me,
touching the late presidential election, and
that I had communicated to you unequivocally,
before the I5th (^December, 1824, viy determi-

nation to rote for Mr. Adantt and not f,r
(ieneral Jackson. Presuming that the puhi,.
ration iras with your authority, /cannot den,
the e.rpregsion of proper acknowledgments J,,,
'he sense of justice which has prompted you i'
render this voluntary and faithful testimomj.'
This letter, of which I now have the original
was dated at Washington City, December Oih
1827 — that is to say, in the very heat and mid-
die of the canvass in which Mr. Adams wv
beaten by General Jackson, and when the testi-
mony could be of most service to him. It went
the rounds of the papers, and was quoted ai>i
relied upon in debates in Congress, greatly to
the dissatisfaction of many of my own purtr.
There was no mistake in the date, or the fact.
I left Washington the 15th of December, onij
visit to my father-in-law, Colonel James JIcj
Dowell, of Rockbridge county, Virginia, when
Mrs. Benton then was ; and it was before I m
Washington that I learned from Mr. Clay liiu.
self that his intention was to support Mr.
Adams. I told this ut that time to Colonel Mi
Dowell, and any friends that chanced to be pJ
sent, and gave it to the public in a letter which v,
copied into many new^spapcrs, and is preseni^l
in Niles' Register. I told it as my belief to)i\\
Jefferson on Christmas evening of the sameyi
when returning to Washington and making a
on that illustrious man at his seat, Monticello ;
believing then that Mr. Adams would be elcci
and, from the necessity of the case, would hai
to make up a mixed cabinet, I expressed t
belief to Mr. Jefferson, using the terra, familii
in English history, of ^^ broad bottomed ;"
asked him how it would do? lie answctdl
" Not at all — would never succeed — would
all engaged in it." Mr. Clay told his intenti
to others of his friends from an early pcii
but as they remained his friends, their testim(
was but little heeded. Even my own, in
violence of party, and from my relatioilship
Mrs. Clay, seemed to have but little effect,
imputation of "bargain" stuck, and doubtli
had an influence in the election. In fact,
circumstances of the whole affair — previous
tagonism between the parties, actual support
the election, and acceptance of high office,
up a case against Messrs. Adams and Clay itl
it was hardly safe for public men to create
to brave, however strong in their own conscK
ness of integrity. Still, the great objectioD

the flection of Mr. A
of the principle demot
tion which it raiser! of
to choose a safe Pre.«
letter which I wrote i
blissoiiri, before ho ga
ilr. Adams, and whicl
itcly afterwards, plac
Ihin high ground; an(
\Mnly fought, and wi
irincipic, and should i
JmiAsion of an unfo

IIISC.

This presidential elect

inder another aspect

le practice of caucus n<

lency by members of C

)nccntrating public op

' ns the eminent mi

fhom public opinion aw

jsing away, and when

•etensions, were comir

'M tried several times a

)probation, public sent

wed, and not led, by t

impted in 1824, and fa;

iwford only attending.

it from any repugnance

ivious conduct had sho

lown that Mr. Crawfor

ir of friends in Congresi

'eive the nomination.

fused to go into it : all

lucus candidate," as Mr

united in painting the

|nof these caucus nom

ilj of members of Con{

theirjoint efforts they

the fact though not in th

'" Congress caucus n^

Fopic, and broke ther

>ppcd, and a different n

'lie oi)inion was adopted

[ions bj conventions ol

ites. This worked well

ipcople being strictly ob(
I the majority making t

uickly degenerated, and
I the objections to Cong
's, and many others be
>gress still attended then
as lobby managers. P
Vol. I.— 4

ANNO 1825. JAMFS MONROE, rHK.SIDKNT.

I the flection of Mr. Adam.i was in tho Tiolntion ^
Lf the principle (temo.i kraleo ; and in tho ques- i
Ition which it raisod of the cni»acity of the demos
Ito cliooso a ."afo President for themselves, A i
llttter which I wrote to tho representative from ,
|>Iissoari, before ho gave tlio vote of tho State to
Cilr. Adams, and which was published immcdi- '
itclj" afterwards, placed the objection upon
Ihiij high ground ; and upon it tho battio wa.s
nainly fought, and won. It was a victory of
principle, and should not be disparaged by tho
dminsion of an unfounded and subordinate
ause.

This presidential election of 1824 is remarkable
^ndcr another aspect — as having put an end to
ho practice of caucus nominations for tho Presi-
hcncy by members of Congress. This mode of
onccntrating public opinion began to be prac-
kscd OS the eminent men of the Revolution, to
Ihom public opinion awarded a preference, were
ssing away, and when new men, of more equal
iretensions, were coming upon the stage. It
tus tried several times with success and general
nprobation, public sentiment having been fol-
kvred, and not led, by the caucus. It was at-
Impted in 1824, and failed, tho friends of Mr.
awford only attending — others not attending,
|it from any repugnance to tho practice, as their
•cvious conduct had shown, but because it was
town that Mr. Crawford had the largest num-
Ir of friends in Congress, and would assuredly
Iceive the nomination. All the rest, therefore,
|fuscd to go into it : all joined in opposing tho
aucus candidate," as Mr, Crawford was called ;
I united in painting tho intrigue and corrup-
In of these caucus nominations, and the ano-
y\y of members of Congress joining in them.
' their joint elforts they succeeded, and justly
khe fact though not in tho motive, in rendering
fse Congress caucus nominations odious to
! people, and broke them down. They were
bpped, and a different mode of concentrating
pile opinion was adopted — that of party nomi-
lions by conventions of delegates from the
Ites. This worked well at first, the will of
[people bfiing strictly obeyed by the delegates,
the majority making tho nomination. But
luickly degenerated, and became obnoxious to
jthe objections to Congress caucus nomina-
Is, and many others besides. Members of
ngress still attended them, either as delegates
|as lobby managers. Persons attended as
Vol. I.— 4

delegates who had no constituency. Delegntcrt
attended u|M)n equiviyal iipi)ointn)ents. Double
sets of clele^atcs sometimes came from the State,
and cither were admitted or repulsed, as suited
tho views of the majority. Proxies were in-
vented, ^lany delof^atcs attended with the solo
view of establishing a claim for office, and voted
accordingly. Tho two-thiitls rule was invent-
ed, to enable tho minority to control the ma-
jority ; and tho whole procee<ling became anom-
alous and irrcsjionsiblo, and subversive of tho
will of tho people, leaving them no more con-
trol over tho nomination than tho subjects of
kings have over tho birth of the cliild which
is born to rule over them. King Caucus is as
potent as any other king in this respect; for
whoever gets tho nomination — no matter how
effected — becomes tho candidate of tho party,
from the necessity of union against the opposite
party, and from the indisposition of the great
States to go into the House of Representatives to
bo balanced by the small ones. This is the mode
of making Presideats, practised by both i)artics
now. It is the virtual election ! and thus the
election of the President and Vice-President of
tho United States has passed — not only from the
college of electors to which the constitution con-
fided it, and from the people to whom tho prno-
tico under the constitution gave it, and from the
House of Representatives which the constitution
provided as ultimate arbiter— but has gone to
an anomalous, irresponsible body, unknown to
law or constitution, unknown to tho early ages
of our government, and of which a large propor-
tion of the members composing it, and a much
larger proportion of interlopers attending it,
have no other view cither in attending or in pro-
moting the nomination of any particular man.
than to get ono elected who will enable them to
eat out of tho public crib — who will give them a
key to the public crib.

The evil is destructive to the rights and sov-
ereignty of the people, and to the purity of elec-
tions. The remedy is in tho application of tho
democratic principle — tho people to vote direct
for President and Vice-President ; and a second
election to be held immediately between the two
highest, if no ono has a majority of the whole
number on the first trial. But this would re-
quire an amendment of tho constitution, not to
be effected but by a concurrence of two thirds
of each hou.se of Congress, and the sanction v/f

THIRTY YEARS' VIF.TV

thrco fourthn of tlio States — a consummntion to
which the strciiRth of the peo])Ic has not yet
been equal, hut of which there is no reason to
desfiair. The great parliamentary reform in
Great Britain vrnn only carried after forty years
'of continued, annual, persevering exertion. Our
constitutional refor.n, iii UiL? point of the presi-
dential election, may require but a few years; in
the meanwhile I am for the jxjoplo to select, as
well as elect, their candidates, and for a reference
to the House to choose one out of three presented
by the people, instead of a caucus nomination of
whom it pleased. The I louse of Representatives
IS no longer the small and dangerous electoral col-
lege that it once was. Instead of thirteen States
wo now have thirty-one ; instead of sixty-five
representatives, we have now above two hundred.
Responsibility in the House is now well establish-
ed, and political ruin, and personal humiliation, at-
tend the violation of the will of the State. No
man could be elected now, or endeavor to be
elected (after the c.xporicnco of 1800 and 1824),
who is not at the head of the list, and the choice
of a majority of the Union. The lesson of those
times would deter imitation, and the democratic
principle would again crush all that were instru-
njental in thwarting the public mil. There is
no longer the former danger from the House of
Representatives, nor any thing in it to justify a
previous resort to such assemblages ns our nar
tioiial conventions have got to be. The House
Ls legal and responsible, which the convention is
not, with a better chance forintegritj', as having
been actually elected by the people ; and more
restrained by position, by public opinion, and a
clause in the constitution from the acceptJince of
office from the man they elect. It is the consti-
tutional umpire ; and until the constitution is
amended, I am for acting upon it as it is.

CHAPTER XX.

niE OCCUrATION OF THE COLUMBIA.

Th« subject had begun to make a lodgment
in the public mind, and I brought a bill into the
Senate to enable the President to possess and re-
tain the country. The joint occupation treaty
of 1818 was drawing to a close, and it was my

policy to terminate such occiipation, and iio|^
the Columbia (or Oregon) exclusively, as wo ha,;
the admitted right to do while the question o|
title was depending. The British had no tiilJ
and were simply working for a division — forth)
right bank of the river, and the harbor at iti
mouth — and waiting on time to ripen their join;
occupation into a claim for half. I knew this. a«
wished to tenninatc a joint tenancy which coiilj
only be injurious to ourselves while it lasteii
and jeopard our rights when it terminated. Tti
bill which I brought in proposed an appropr»
tion to enable tlic President to act efflcicntirj
with a detatchmcnt of the army and navy;
in the discussion of this bill the whole questioil
of title and of policy came up ; and, in a rcplJ
to Mr. Dickerson, of New Jersey, I found it
be my duty to defend both. I now give son
extracts from that reply, as a careful examii
tion of the British pretension, founded upon
own exhibition of title, and showing that
had none south of forty-nine degrees, and il
we were only giving her a claim, by putting
possession on an equality with our own. Tiie
extracts will show the history of the case mi
then stood — as it remained invalidated in all si\
sequent discussion — and according to which.
after twenty years, and w hen the question
assumed a war aspect, it was finally settle
The bill did not pass, but received an encoui
vote — fourteen senators TOting favorably to
They were :

Messrs. Barbour, Benton, Bouligny, Col
Hayne, Jackson (the General), Johnson
Kentucky, Johnston of Louisiana, Lloyd
Massachusetts, Mills, Noble, Ruggles, Tall
Thomas.

" Mr. Benton, in reply to Mr. Dickerson, gj
that he had not intended to speak to this 1
Always unwilling to trespass upon the timea
patience of the Senate, he was partici^larljj
at this moment, when the session was drai
to a close, and a hundred bills upon the t
were each demanding attention. The occnJ
tion of the Columbia River was a subject wf
had engaged the deliberations of Congress i
four years past, and the minds of genticaj
might be supposed to be made up upon it. M
ing upon this belief, Mr. B., as reporter of a
bill, had limited himself to the duty of watJ
ing its progress, and of holding himself in i
ness to answer any inquiries which might bcpj
Inquiries he certainly expected ; but a gem
assault, at this late stage of the session, d
the principle, the policy, and the details of J

jiil. lad not Ix'cn anti

;af|. however, In'on m

,s'c\v -Jersey (Afr. D.

unftiitlifid to his duty

ii^ohartfing this duty,

p'oing over the gcntlei

)hc expen.se of gettin

from the Oregon to the

live his dilHculties ahc

iitc— whether Cape I

lew route explored ui

loiintains climbed, whc

ent twelve feet of defy

[av.s of a July sun. \

liculations and probler

je gentleman's wit, ani

m excellent article in (l^

r embellishing an ar|

lie want of one. For ^

le senator from New

nate with the wit in (

r. B. to say, nor shouj

iirb him in the quiet e

rhich he had won there

iR-ctly to speak to the

"It is now, Mr. Pros;

|r"cisely two and twent'

tr the Columbia has bee

nited States and Great

■iginated with the disco

[he moment that we dis

, and without a color c

IS labored ever since t

•ts of negotiation, or to I

ivory by menaces of wa

"In the year 1790, a

Mtes, Capt. Gray, of J

)Iiimbia at its entrance

KW, Lewis and Clarke •

tament of the United S

scovery of the whole

iwnwards, and to take

|e name of their gover:

lexander McKenzie had I

the British Governmei

IJect ; but he missed th(

■ upon the Tacoutche i

icilic about five hundred

month of the Oolumbi

In 1803, the United Stat

il with it an open questi

It vast province. On th

ri'Ia this question was

King of Spain; on tl

St, with the King of

'pened in the very time

vaty in Paris for the acr

it we were signing anoth

|u.«tment of the boundai

•thwest possessions of th

King of Great Britair

ach were ignorant of v

10 ; and m remitting the

iit'jof (he United States

the purchase of Louisian

AX.VO 18-28. JAMES MONROE, rRr>II)[:NT.

bill. IimJ no* y^i'on (inticipatcl. Surh an assault

iiiiil however, Vk'C'ii made hy the iwnator from

k',.\v Jersey (Mr. I).), and Mr. B. would Ix;

L^fjjithfiil to Ins duty if he did not rt'j)el it. In

Bischfirt^infr this duty, lie would lose no time in

toiii" >»Vcr tiic gentleman's calculations ahout

Ihe expense of gettinfr a member of Congress

from the Oregon to the Potomac ; nor would he

olve his dilHculties about the shortest and best

(,„tc— whether Cape Horn should be doubled, a

L.W route explored under the north pole, or

nountiins climbed, whose aspiring summits prc-

Ljit twelve feet of defying snow to the burning

avs of a July sun. Air. B. looked upon these

aiculations and problems as so many dashes of

he pontleman's wit, and admitted that wit was

In excellent article in debate, equally convenient

or embellishing an argument, and concealing

bie want of one. For which of these purposes

he senator from New Jersey had amused the

Icnntc with the wit in question, it was not for

Jr. B. to say, nor should he undertake to dis-

firb him in the quiet enjoyment of the honor

Ihich he had won thereby, and would proceed

Irectly to speak to the merits of the bill.

f " It is now, Mr. President, continued Mr. B.,

lr"ci.sely two and twenty year^ since a contest

\v the Columbia has been going on between the

Initcd States and Great Britain. The contest

Vidnatcd with the discovery of the river itself.

Ihe moment that we discovered it she claimed

I ; and without a color of title in her hand, she

hs labored ever since to overreach us in the

tts of negotiation, or to bully us out of our dis-

Ivcry by menaces of war.

['In the year 1790, a citizen of the United

latcs, Capt. Gray, of Boston, discovered the

jolumbia at its entrance into the sea ; and in

m\ Lewis and Clarke were sent by the gov-

Inment of the United States to complete the

jscovcry of the whole river, from its source

bwnwards, and to take formal possession in

Ic name of their government. In 1793 Sir

Bexander McKenzie had been sent from Canada

■ the British Government to effect the same

Iject ; but he missed the sources of the river,

I upon the Tacoutche Tesse, and struck the

lieilic about five hundred miles to the north of

1 month of the Golumbia.

I In 1803, the United States acquired T^uisiana,

bl with it an open question of boundaries for

lit vast province. On the side of Mexico and

prida this question was to be settled with

King of Spain; on the north and north-

Ist, with the King of Great Britain. It

pprned in the very time that we were signing

laty in Paris for the acquisition of Louisiana,

kt we were signing another in London for the

luptment of the boundary lino between the

fthwest possessions of the United States and

King of Great Britain. The negotiators

each were ignorant of what the others had

\iv ; and (m remitting the two treaties to the

lato of the United States for ratification, that

I the purchase of Louisiana was ratified with-

out restriction ; the otlicr. with the exception of
the fifth article. It wa^^ this article which iid-
ju8te<l the l)oundar>' line between the I'niteil
Slates anil (rieat Uritaiu, from the Lake of the
Woods to the head of the .M i>sissippi ; nn<l the
Senate refused to ratify it. beeatisc, liy iv)ssibili-
ty, it might jeoiinnl the northern bouiularv of
Louisiana. The treaty was sent back to London,
the fifth article expunged; and the British (!ov-
eminent, acting then as njion a late occ!usio:i.
rejected the whole treaty, when it failed in se-
curing the precise advantage of which it was
in search.

"In the year 1807, another treaty was negoti-
ated between the United States and Great Bri-
tain. The negotiators on both sides were then
possessed of the fact that Louisiana belongetl to
the United States, and that her boundaries to
the north and west were undefined. The settle-
ment of this boundary was a point in the nego-
tiat'on, and continued eflbrts were made by the
British plenipotentiaries to overreach the Ame-
ricans, with respect to the country west of the
Rocky Mountains. AVithout presenting any
claim, they endeavored to ' leave a nest eyir fur
future pretensions in that quarter,'' {iSiahi
Papers, 1822-3.) Finally, an article was apreid
to. The forty-ninth degree of north latitude
was to be followed west, as far as the territories
of the two countries extended in that direction,
with a proviso against its application to the
country west of the Rockj' Motmtains. This
treaty shared the fate of that of 1803. It was
never ratified. For causes unconnected with the
questions of boundary, it was rejected by Jlr. .
Jefferson without a reference to the Senate.

"At Ghent, in 1814, the attempts of 1803 and
1807 were renewed. The British plenipotentia-
ries oflered articles upon the subject of the boun-
dary, and of the northwest coast, of the same
character with those previously offered ; but no-
thing could be agreed upon, and nothing upon
the subject was inserted in the treaty signed at
that place.

"At London, in 1818, the negotiations upon
this point were renewed ; and the British Gov-
ernment, for the first time, uncovered the ground
upon which its pretensions rested. I ts plenipo-
tentiaries, Mr. Kobinson and Mr. Goulbourn,
asserted (to give them the benefit of their own
words, as reported by Messrs. Gallatin and Rush)
'That former voyages, and principally that of
Captain Cook, gave to Great Britain the rights
derived from discovery ; and they alluded to pur-
chases from the natives south of the river Co-
lumbia, which they alleged to have been made
prior to the American Revolution. They did
not make any formal proposition for a boundary,
but intimated that the river itself was the most
convenient that could be adojited, and that they
would not agree to any which did not give them
the harbor at the mouth of the r<fe/' in common
with the United States.' — Letter from Messrs,
Gallatin and Rush, October 20th. 1820.

To this the American plenipotentiaries an-

THIRTY YEAltS' VIKW.

BWi'rcd, in a wiiy IwltiT calculntwl to ciuwirapc
tlinn to n'|(ulst! tlio pnmndksH pretensions of
Croat Hritain. 'We did not aswrt (continue
tliese >rentlctnen in the same letter), we did not
n-isert that the United States had a perfert rifjht
to tiiat country. Imt insisted that tiieir claim was
nt least frood a;:ainst ( < ivat iJritain. We did not
know with precision what value our povcrn-
irient set on the country to the westwanl of these
mountains ; but we were not authorized to enter
into any agreement which should l>e tantamount
to an !iltan<]oninent of the claim to it. U wn
lit last agreed. Imt, as we thoiipht, with someu-
liirtfiiirc on the part of the Hiilish plcnipoter;
tiaries, that the country on the northwest coa.st,
clainied hy either party, should, without preju-
dice to the claims of either, and for a limited
time, l)e opened for the purpo.ses of trade to the
inhabitants of both countries.'

•• 'J'hc substance of this agreement was inserted
in the convention of October, 1818. It con-
stitutes the third article of that treaty, and is
the same upon which the senator from New
Jersey (Mr. Dickerson) relies for excluding;
the United States from the occupation of the
Columbia.

" In subsequent negotiations, the British agents
further rested their claim upon the discoveries
of McKonzie, in 1793, the seizure of Astoria du-
ring the late war. and theNootka Sound Treaty,
of 1790.

'• Such an cxlnl)ition of title, said Mr. B., is
riiiiculous, and would be contemptible in the
hands of any other power than that of Great
Britain. Of the live grounds of claim which
slie has set up, not one of them is tenable against
the slightest examination. Cook never saw,
much less took possession of any part of the
northwest coast of America, in the latitude of
the Columbia River. All his discoveries were
far north of that point, and not one of them was
followed np by possession, withou* which the
fact of discovery would confer no title. The
Indians were not even named from whom the
purchases are stated to have been made anterior
to the Revolutionary War. Not a single parti-
cular is given which could identify a transaction
of the kind. The only circumstance mentioned
applies to the locality of the Indians supposed
to have made the sale ; and that circumstance
invalidates the whole claim. They are said to
have resided to the ' soutlC of the Columbia ;
by consequence they did not reside upon it, and
could have no right to sell a country of which
they were not the possessors.

" McKenzie was sent out from Canada, in the
year 1793, to discover, at its head, the river
which Captain Gray had discovered at its mouth,
three years before. But McKenzie missed the
objcxjt of his search, and struck the Pacitic five
hundred miles to the north, as I have already
stated. The seizure of Astoria, during the war,
was an operation of arms, conferring no moi-e
title upon Great Britain to the Columbia, than
the capture of Castiue and Detroit gave her to

Maine and Michigan. This new pound ofcii^l
I was set uj) by Mr. Bagot, his Britannic MujcstTi
; minister to this i-epublic, in 1817, and wi oil
in a way to contradict and relinquish all thuj
other pretended titles. Mr. Bagot was n-inojl
j strating against the occupation, by the Uniit{|
j States, of the Columbia River, and recitin'r \\A
it had been taken possession of. in his Majmivf
name, during the late war, ' and had »in(k(4i|
oNsiDKRKi) informing a part o/hia Majemiim
dominioun. The word ''since? is exclusive V|
aii previous pretension, and the Ghent Trcair
w' jh stijjulatcs for the restoration of all J
captured posts, is a complete extinguisher to tl
idle pretension. Finally, the British negotiatoi
have been driven to take shelter under the X
ka Sound Treaty of 1790. The character t(|
that treaty was well understood at the time tl
it was made, and its terms will speak for tin
selves at the present day. It was a treaty
concession, and not of a(;quisition of righti
the part of Great Britain. It was so charocu
ized by the opposition, and so admitted to be
the mmistry, at the time of its communicatioa
the British Parliament.

[Here Mr. B. read pas.sages from the spceol
of Mr. Fox and Mr. Pitt, to prove the chara
of this Treaty.]

"Mr. Fox said, 'What, then, was thecxti
of our rights betore the convention — (\,hei
admitted or denied by Spain was of no coi
qucnce) — and to what extent were they
secured to us ? We possessed and exercised
free navigation of the Pacitic Ocean, without
straint or limitation. We porscssed and e:
cised the right of carrying on fisheries in
South Seaa equally unlimited. This was
barren right, but a right of which we had ai
ed ourselves, as appeared by the papers on
table, which showed that tiie produce of it
increased, in five years, from twelve to nini
seven thousand pounds sterling. This estat«
had, and were daily improving ; it was not to
disgraced by the name of an acquisition. Th:
mission of part of these rights by Spain, was all
had obtained. Our right, before, was to settlii
any part of the South or Northwest Coast
America, not fortified against us by prc\i
occupancy j and we svere now restricted to
in certain places only, and under certain rest
tions. This was an important concession on
part. Our rights of tishing extended to
whole ocean, ar J now it, too, was limited, id
bo carried on within certain distances of
Spanish settlements. Our right of making
tlements was not, as now, a right to build lii
but to plant colonies, if we thought pn
Surely these were not acquisitions, or ral
conquests, as they must be considered, if
were to judge by the triumphant language
spccting theui, but grea*' and important coi
sions. By the tliird article, we are «utlioi
to navigate the Pacific Ocean and ^utli
unmolested, for the purpose of carrying oi
fisheries, and to land ou the unsettled coastS||

the purpose of tr««lii

(aftei' this pompous ro

ration, fishery, and >

irtide, the sixth, whic

landing, and erecting

iny purpose but that <

ind amounts to a cc

ijrlit to settle in anj

imracrcc with the x\i

inenliiri/ History. Vol.

".Mr." Pitt, in reply,

lart of Mr. Fox's spe©

viwration, Mr. Pitt pn

laincly, that gcntlenw

that the other articles

ncre concessions, and i

;irer to this, Mr. Pitt

hat this country har'

ic«' rights, it certainly

IV'e had, before, a right

";hory, and a right to

isheries in the Pacific

Ihe coasts of any part >

mt that right not only

edged, but disputed an-

he convention, it was sc

tance which, though nc

ivantage.'— .Saj?ie— p. ;

'•But, continued Mr.

ikc the characljr of th

foh authority of tiiese ri

[h Parliament. The tre

have it in my hand, anc

!lied upon to sustain tJi

folumbia River.

'AKTICLE TUinO OF

TIJKA'
'In order to strengthi
ip, and to preserve, in
iny and good understau
ntrncting parties, it is
icctive subjects shall
•lesled, either in na'
their fisheries in th(
South Seas, or in la
lose seas in places not ah
rposo of carrying on th<
fives of the country, or
■jre; the whole subject,
trictions and provisions
lowing articles.'
"The particular clause
n by the advocates foi
t which gives the right
the Northwest Coast, i
the purpose of carryii
iking settlements. The
km this clause is, whcth
itude cf the Columbia R
the date of the Nootka S
Wcr IS in the affirmat
ther the English Jauded
as so unoccupied ? T
■five ; and this answer r
ision of British claim foun

AXXO 1825. JAMES MONKOK, PRESIDENT.

Ithe purpose of tradinp; with the nativtfi; but,

Lfler this pompous rccopnition of rifrht to navi-

Ljtion, fishery, ami coiniucrco, comes anotliur

brtiiK', the sixth, which takes away ti<e ripht of

BandiniT. and ercctinp: even temporary huts, for

mv purpose but that of carrjinp on the fishery,

jnd amounts to a complete dereliction of all

lifftit to seitio in any way lor the purpose of

toinraerce with the natives.' — Hritisk Paitia-

miiirii History, Vol. 28, p. 91)0.

•'Mr. I'itt. in reply. 'Having finished that

art of Mr. Fox's sjiccch which rcR-rrcd to the

ii])«ration, Mr. Pitt proceeded to the next point,

tiainely, that gentleman's argument to prove,

Ihiit tlic other articles of the convention were

here concessions, and not acquisitions. In an-

fcircr to this, Mr. Pitt maintained, that, though

irliat this country haf' lained consisted not of

Lew rights, it certainly did of new advantages.

IV'c had, before, a right to the Southern whale

pshcry, and a right to navigate and carry on

Jsheries in the Pacific Ocean, and to trade on

llie coasts of any part of Northwest America ;

}ut tliat right not only had not been acknow-

;(lgcd, but disputed and resisted : whereas, by

liie convention, it was secured to us — a circum-

Itsnce which, though no new right, was a n?w

dvantage.' — Same — p. 1002.

•But, continued Mr. Benton, we need not
jiiie the chaructjr of the treaty even from the
l^h authority of tliese rival leaders in the Brit-
Ih Parliament. The treaty will speak for itself,
[have it in my hand, and will read the article
Itlicd upon to sustain the British claim to the
lolumbia River.

"'ARTICLE TUinD OF THE NOOTKA BOUND
TUEATY.

I '"In order to strengthen the bonds of friend-
tip, and to preserve, in future, a perfect bar-
ony and good understanding between the two
kutiacting parties, it is agreed that their re-
fective subjects shall not be disturbed or
olested, either in navigating or carrying
their fisheries in the Pacific Ocean, or in
le South Seas, or in landing on the coasts of
lose seas in places not already occupied, for the
prpose of carrying on their commerce with the
wives of the country, or of making settlements
ere ; the whole subject, nevertheless, to the
ktrictions and provisions specified in the three
Jjowing articles.'

I* The particular clause of this article, relied

on by the advocates for the British claim, is

kt which gives the right of landing on parts

[the Northwest Coast, not already occupied.

tlio purpose of carrying on commerce and

^king settlements. The first inquiry arising

on this clause is, whether the coast, in the

jitude of the Columbia River, was unoccupied

jthe date of the Nootka Sound Treaty ? The

pwer is in the affirmative. The secopd is,

fither the English lauded upon this coast while

«ras so unoccupied? The answer is in the

ative ; and this answer puts an end to all pre-

«ion of British claim founded upon this treaty,

without leaving us under the n«vessitv of n'<'iir.
ring to the fwt tliat the iwrmisMion t«i tuud. ami
to tnake srtltfiin ills, so far from (-onteiiipialni^
an a<'fiuisitiou of territory. wa.s iiiuitcii liv sidoi -
queut restrictions, to liie ereelioii of tenijioniry
huts for the personal acconunodation of lislur-
nieii an<l traders only.

'•Mr. B. adverted to the inconsistency, on the
part of Great Britain, of following the Wlh par-
allel to the Rocky Mountitiiis, and refiisin;: to
follow it any further. He allirmed that the
principle whii-h would make that parallel a
boundary to the top of the mountain, would
carry it out to the Pacific Ocean. He proved
this assertion by recurring to the origin of thnt
line. It grew out of the treaty of Utrecht, that
treaty which, in 1704, put an end to the wars of
Queen Anne and I^ouis the XlVth and fixed the
boundaries of their respective dominions in
North America. The tenth article of that tre.ity
was applicable to Louisiana and to Canada. It
provided that commissioners should be appoint-
ed by the two powers to adjust the boundary
between them. The commissioners were ap-
pointed, and did fix it. The jianillel of 40 de-
grees was fixed upon as the common boundary
from the Lake of the Woods, " indejiniteh/ to
the H'est." This boundary was acquiesced in
for a hundred years. By proposing to follow it
to the Rocky Mountains, the British (iovern-
ment admits its validity : by refusing to follow
it out, they become obnoxious to the charge of
inconsistency, and betray a determination to en-
croach upon the territory of the United States,
for the undisguised purpose of selfish aggran-
dizement.

" The iruth is, Mr. President, continued Mr.
B., Great Britain has no color of title to tl ;
ceuntry in question. She sets up none. There
is not a paper upon the face of the earth in
which a British minister has stated a claim. £
speak of the king's ministers, and not of the
agents employed by them. The claims we
have been examining arc thiown out in the con-
versations and notes of diplomatic agents. No
English minister has ever put his name to them,
and no one will ever risk his character as a
statesman by venturing to do so. The claim of
Grea*^ Britain is nothing but a naked pretension,
founded on the double prospect of benefiting
herself and injuring the United States, The fur
trader. Sir Alexander McKeuzie, is at the bottom
of this policy. Failing in his attempt to explore
the Columbia Fiver, in 1793, ho, nevertheless,
urged upon the British Government the advan-
tages of taking it to herself, and of expelling the
Americans from the whole region west of the
Rocky Mountains. The advice accorded too
we'i with the passions and policy of that govern-
ment, to be disregarded. It is a government
which has lost no opportunity, since the peace
of '83, of aggrandizing itself at the expense of the
United States. It is a government which listens
to the suggestions of its experienced subjects,
and thus an individual, in the humble station of

I;,; .

THIUn' YE/RS' VIEW.

a liir tra<lor, liiw» jKHiiU'd out tlic |)oliry which
fill-, been |misiic<l ))}• I'vt-iy .Miiiisti-r «f (ireiit
J*ri; (in. t'roin I'itt in Ciiniiiii^. im ' for the iiiain-
lcii;iiiro of which a wiir is now iiu'iiufc'il.

'• For a iHiiiiidarv li»u Ix'tweeii the I'nittfl
Stales iiiid (Jnat niitain, west of Ihi! .Mississippi,
McKi'iizif pio|H)S(S Ihf latinidc nf 4.') <' 'j;rces, Ijc-
( msf that latitiido is necessary to jrivc the C'o-
iiiinhia liiverto (Jreat Hritain. His words are:
■ Let thf hii" hef,'iii where it may on the Mis.si.s-
sippi, it must hv contiinied west, till it tcs ni-
iiiites in tile racilic Ocean, to the south nj ;he
Ciiliimhln.''

'• .Mr, ll. said it was cnrioii.s to observo with
what 'Joseness every stipge^tion of McKenzio
h;ici been tbllowed up by the British Oovem-
Jiieiit. lie reco: mil'. nded that the Hudson Bay
and Northwest i -mp.iny should be united; and
tl\ey have Iwen iiniti'd. ' He propo.scd to extend
the' fur trade o; Ciinula to the shore oi the Pa-
cilic Ocean; and t; ' r.s been so extended. He
proposed th.i: a -haiu ef tradin:.: ]K)';r!f!ho'ildl"-
furmed tln-ouf:;h tue couiiiieut, i'y>r'. sea to .sea;
and it luis been forme<l. lie rec , >i'.'nd'il that
no boundary line -hould be ufjn • i njiop 'vitii
the I'nited .States, wtii<'ii did not giw rho •.''.>-
lumbia Biier to the British; and i.'i '!'iii.>h
ministry declare that none other shit!! b ■ , >■ nvd.
lie ))ro]K)sed i" obtani th'i cointoand i»^ the I'lir
trade from latitulo -15 degt.'os north ; smd they
liave it even to liie .Mandau villa'j^es. and the
n 'ifrhborhood of tlie (Jo\mcil Biutls. Jforecom-
ii; aded tli^- e.xpulsion of American traders from
tliL' whole rej^ion west of !i,e Rocky Mountains,
and (jiey are expelled from it. He proposed to
comnir.! i the commerce of th.; Pacific Ocean;
and it wiil be conuiianded the moment a British
lleet take.', j. option in the mouth of the Colum-
l.'ia. Besides llicse specified advantages, McKen-
zio alludes to .tJier 'political considerations'
which it was m ' necessary for him to particu-
larize. Doubtless it was not. They were suf-
liciently understood. They are the same which
induced the retention of the northwestern posts,
in violation of the treaty of 1783; the .same
which inuj.ocd the acquisition of Gibraltar,
Malta, the Cajw of Good Hope, the Islands of
Ceylon and Madagascar ; the same which makes
Great Britain covet the possession of every com-
manding position in the four quarters of the
globe."

I do not argue the question of title on the
part of the United States, but only state it as
founded upon — 1. Discovery of the Columbia
Bivcr by Capt. Gray, in 1700 ; 2. Purchase of
Louisiana in 1803 ; 3. Discovery of the Colum-
bia from its head to its mouth, by Lewis and
Clarke, in 1803 ; 4. Settlement of Astoria, in
1811; 5. Treaty with Spain, 1819; C. Contigu-
ity and continuity of settlement and possession.
Nor do I argue the question of the advantages
of retaining the Columbia, and refusing to di-

vi !<• or alienate our territory u|)on It. 1 nitrrh
stalo them, and leave their value to result frorj
th') "numeration. 1. To keep out a foiti-,
iwwer; 2. To j;ain a seaport with a military ar,|
naval sto'vion, on the coast of the Pacilif ; !, ;
save the fur trade in that rcfjion, and '"rev
o.i,- Indians from being tampered with by B;i'
tru'iers; 4. To open a communicatioij for c
mtnial purjio.ses between the Mi.ssiR-ippi ?.,
the I'acific; .">. To seivl the h^hts of sc; ?jci. a;
of niij'ion into o item Asia.

CiIAPT^:Tl XXL

commk:'cj-mest ok mr. ad.«:;?ss VOMIUISr

TlON.

Ov (ho 4th of March he delivered his inaugurj
adlress, and took the oath of office. That aJ-l
til ess — the main feature of the inatjguration oil
e ery President, as giving the outline of the f«l
licy of his admimstration — furnisiied a tofJ
against Mr. Adams, and went to the rcconstrucl
tion of parties on the old line of strict, or latitiif
dinous, construction of the constitution. It vd
the topic of internal national improvement h\
the federal government. The address <xtolleii|
the value of such works, considered the constititl
tional objection as yielding to the force of arp-l
ment, expressed the hope that every specnlatirj
(constitutional) scruple would be solved inil
practical blessing ; and declared the belief tk|
in the execution of such works posterity wou
derive a fervent gratitude to the founders of oi
Union, and most deeply feel and acknowIcdJ
the beneficent action of our government. Tin
declaration of principles which would give i
much power to the government, and the dangd
of which had just been so fully set forth bj .Mij
Monroe in his veto message on the Cumberla
road bill, alarmed the old republicans, and gavej
new ground of opposition to Mr. Adams's adii
tration, in addition to the strong one growing <
of the election in the House of Rcpresentatin
in which the fundamental prmciple of reprcse
tative government had been disregarded. Tli|
new ground of opposition was greatly strenf
ened at the delivery of the first annual messa>i|
in which the toi)ic of internal improvement
again largely enforced, other subjects recoaj

iiuniieil which wouli
riii.-iriictive jwwers, a
the I'resident had ac
llhe .American States
•iiini-tcrs to their pi
l.'liiiiis of Panama.
11:01.. I. It be.:- ijuing thj
j»as ;■> have ;i 'ettled t
I that ibundc ; ia princ;
,u: ;int!).!.;.v 4ndei
hi''ili.<crin)i:i,i.f.;i part
(if the federal govern:
Lciiool— survivors of i
land Jeflerson timeu, wit
jiil ncc. nl.'. gly— ho fe
LU'aMs, iV'.e republican:
jini--! of li'io younger gei
. ',0 S'enato a decid
liiiii, coinpreiituding (ni
iicii afterwards become
S'orth Carolina, Mr. Ti
'an Buren of New-1
<in;th of Jlaryland, Mr.
roliiia (the long-continu
if the Senate), Dickersoi
lor Edward Lloyd of M.
lucky, and Findlay of
iloiise of Representative
linority opposed to the i
be increased at the fir
lajority : so that no Prci
icnccd his administratior
Ible auspices, or with les!
|lar career.

The cabinet was compo
[ienccd men— Mr. Clay, S
lichard Rush, of Pennsyl
'reasury, recalled from tl
lat purpose ; Mr. James
iretaryatWar; Mr. Sj
few Jersey, Secretary of
lonroe, continued in that
[r. John McLean, of Ohio
id of Mr. Wirt, Attorney
•ing the same places re
[onroo, and continued by
ace of Secretary of the '
Mr. Adams to Mr. W
id declined by him— an ol
commemorated to show
personal feeling betwoe;

■f

ANNO 1825. JOHN QL'INCA' ADAMS, I'ltF.slDENl'.

:i '.I'ttled and strong opposition, and
ia principles of government — the

« ,,u

I i.ien'li"l which would require a liberal use of
rm.'»iriiitive fwwers, and Congress inforrae<l that
tlic rrtsident had accepted an invitation from
ihc American States of Spanish origin, to send
tiiiniiltrs to their projwsed Congress on the
i,'liiiiis of Panama. It was, therefore, clear
l;ciu I. ••' be;- iiiiing that the new administration
Kis v< havi"
tliat loundc '

• intiv! •> :»nder different forms, which
hvldi.<crin)ir!,i.>'ii parties at the commencement
(,f the federal government. Men of the old
fchool— survivors of the contest of the Adams
andJeflerson timer., with some exceptions, divid-
iil ncc inl''. gly— he federalists going for Mr.
AduiU', iVie republicans against him, with the
univs of li'O younger generation.

■,c Scnai'i a decided majority was against
lim, coinpreijeuding (not to speak of younger
lien afterwards become eminent,) Mr. JIacon of
\orth Carolina, Mr. Tazewell of Virginia, Mr.
an Burcn of New- York, General Samuel
m.th of JIaryland, Mr. Gaillard of South Ca-
■oluia (the long-continued temporary President
f the Senate), Dickerson of New Jersey, Oovcr-
lor Edward Lloyd of Maryland, Rowan of Ken-
ucky, and Findlay of Pennsylvania. In the
louse of Representatives there was a strong
inority opposed to the new President, destined
be increased at the first election to a decided
lajority : so that no President could have com-
icnced his administration under more unfavor-
iblc auspices, or with less expectation of a pop-
Jar career. ■ ••

The cabinet was composed of able and expe-

ienccd men — Mr. Clay, Secretary of State ; Mr.

ichard Rush, of Pennsylvania, Secretary of the

reasury, recalled from the London mission for

lat purpose ; Mr. James Barbour, of Virginia,

rotary at War ; Mr. Samuel L. Southard, of

lew Jersey, Secretary of the Navy under Mr.

onroe, continued in that place ; the same of

T. John McLean, of Ohio, Postmaster General,

d of Mr. Wirt, Attorney General — both occu-

ing the same places respectively under Mr.

onroe, and continued by his successor. The

lace of Secretary of the Treasury was offered

Mr. Adams to Mr. William H. Crawford,

id declbed by him — an offer which deserves to

commemorated to show how little there was

personal feeling between these two eminent

citizens, who had just iK-en rival candidates for
the rn>i(loury of the Lnited Slatis. If Mr.
Crawford had accipted the Troa.sury department,
the a'lministration of Mr. John Quincy .Vianis
would have boon entirely composed of the ^aiiio
individuals which composwi that of .Mr. Monroe,
with the exception of the two (himself and Mr.
Calhoun) elected President and Vice-President ;
— a fact which ought to have been known to Mon.s.
do Tocqueville, when he wrote, that '• Mr. Quincy
Adams, on his entry into otlice. discharged the
majoriiy of 'ho individuals wl«> had been ap-
pointed by his predecessor."

There was opposition in the Senate to the con-
firmation of Mr. Clay's nommation to the State
department, growing out of his support of Mr.
Adams in the election of the House of Represen-
tatives, and acceptance of office from him ; but
overruled by a maj jrity of two to one. The af-
firmative votes were ^lessrs. Barton and Benton
of Missouri ; Mr. Bell of New Hampshire ;
Messrs. Bouligny and Josiah F. Johnston of
Louisiana; Messrs. Chandler and Holmes of
Maine ; Messrs. Chase and Seymour of Vermont ;
Messrs. Thomas Clayton anil Van Dyke of Dela-
ware; Jlessrs. DeWolf and Knight of Rhode
Island ; Mr. Mahlon Dickerson of New Jersey ;
Mr. Henry W. Edwards of Connecticut; Mr.
Gaillard of South Carolina; Messrs. Harrison
(the General) and Ruggles of Ohio ; Mr. Hen-
dries of Indiana ; Mr. Elias Kent Kane of Illi-
nois; Mr. William R. King of Alabama; Messrs.
Edward Lloyd and General Samuel Smith from
Maryland ; Messrs. James Lloyd and Elijah II.
Mills from Massachusetts ; Mr. John Rowan of
Kentucky ; Mr. Van Buren of New- York — 27.
The negatives were : Messrs. Berrien and Thos.
W. Cobb of Georgia ; Messrs. Branch and Ma-
con of North Carolma ; Messrs. Jackson (the
General) and Eaton of Tennessee ; Messrs. Find-
lay and Marks of Pennsylvania ; Mr. Hayne oi
South Carolina; Messrs. David Holmes and
Thomas A. Williams of Mississippi ; Mr. Mcll-
vaine of New Jersey ; Messrs. Littleton W. Taze-
well and John Randolph of Virginia ; Jlr. Jesse
B. Thomas of Illinois. Seven senators were
absent, one of whom (Jlr. Noble of Indiana)
declared he should have voted for the confirma-
tion of Mr. Clay, if he had been present ; and of
those voting for him about the one half were his
political opponents.

THIR'n' YEARS' VIKW.

C; II A P T V. 11 XXII.

CASK OK Ml!. I.ANMAN T1.\1I'<iI:AI:V SKNATOUIAI, ■
Al'l'iPlNTMKNT IIInM (ONMUTKIT.

Mr. I.anman hud served a FLyulnr U-nn as'
Htnator from ('onni'cticut. His tiTiii of scrviw I
expired on the .'Id of AFiirch of this yi'iir. and tlu;
Qcnural Asseinhly of the Stato liaviiif; failed to j
make an election of senator in his jilace, lie re- '
ceived a Icmiioniry n|ij)(iintnient from the pov- I
crnor. On presenting: himself to take the oath of [
office, on the 4th day of March, beuis the first
day of the special scniitorial session convoked by
the retirinp; President (Mr. Monroe), nccording
to nsape, for the inaii^ruration of his successor;
his appointment was ohjected to, as not having
been made in a case in which a {rovernor of a
Stato could fill a vacancy by making a tempo-
rary appointment. !Mr. Tazewell was the prin-
cipal speaker against the validity of the aj)jx)int-
ment, arguing against it both on the words of
the constitution, and the rea.son for the provi-
sion. The words of the constitution are : " If
vacancies hapjien (in the Senate) by resignation
or ocherwise, during the recess of the legislature
of any State, the executive thereof may make
temporary appointments, until the next meeting
of the legislature." " Ilajipen" was held by Mr.
Tazewell to be the governing word in this pro-
vision, and it always implied a contingency, and
an unexpected one. It could not apjily to a
foreseen event, bound to occur at a fixed period.
Here the vacancy was foreseen ; there was no
contingency in it. It was regular and certain.
It wa.s the right of the legislature to fi'l it, and
if they failed, no matter from what cause, there
was no right iu the governor to supply their
omission. The reason of the phraseology was
evident. The Assembly was the appointing
body. It was the regular authority to elect
senators. It was a body of more or less mem-
bers, but always representuig the whole body
of the State, and every county in the State, and
on that account vested by the constitution with
the power of choosing senators. The terms choose
and elect are the words applied to the legislative
election of senators. The term appoint is the
irord applied to a gubernatorial appointment.

The election wa.s the regular mode of the mr
stitution, and wvm not to l>c superseded by j;
apiKiintment in any ca.<«cin which the le^slatn-
could act, whether they actc<l or not. Son<
debate took place, and precedents wen- mil''
for. On motion of Mr. Katon, a conmiitlie v\i \
ap|)ointed to search for them, and found scvc ra
The committee consiste<l of Mr. Eaton, of Ten- 1
nes.see ; Mr. Edw.ard.s, of Connecticut ; and .Mr
Tazewell, of Virginia. They reported the en.*. I
of William Cooke, of Tenncs.scc, nppoiiited h-
tho governor of tlie State, in April. 17!'7, to ti;;
the vacancy occasioned by the expiration of hi'
own term, the od of March prccte«ling ; of Vmh. I
Tracy, of Connecticut, appointed I>y the povernnr
of the Stato, in February, 1801, to fill thevi-l
cancy to occur upon the expiration of his oti
term, on the 3d of March following ; of Jose|i
Anderson, of Tennessee, appointed by the pov-
crnor of the State, in February, 1800, to fill tli» [
vacancy which the expiration of liis own ttnii
would make on the 4th of March following ; of
John Williams, of Tennessee, appointed by the |
governor of the Stato, in January, 1817, to
the vacancy to occur from the expiration of his |
term, on the en.suing 3d of March ; and in sll
these cases the persons so appointed had bwn I
admitted to their seats, and all of them, except
in the case of Mr. Tracy, without any question
being raised ; and in his case by a vote of 13 to
10. These precedents were not satisfactory to
the Senate ; and after considering Mr. Lanman's
case, from the 4th to the 7th of March, the no-
tion to admit him to a seat was rejected by »
vote of 23 to 18. The senators voting in favor
of the motion were Messrs. Bell, Bouligny, Cha.*,
Clayton, DeWolf, Edwards, Harrison (General).
Hendricks, Johnston of Lousiana, Kane, Knight
Lloyd of Massachusetts, McIIvaino, Mills, Noble,
Rowan, Seymour, Thomas — 10. Those votin*
against it were Messrs. Barton, Benton, Berrien. I
Branch, Chandler, Dickerson, Eaton, Findlav.l
Gaillard, Hayne, Holmes of Maine, Holmes of I
]Mi.ssissippi, Jackson (General), King of Ala- 1
bama, Lloyd of Maryland, Marks, Macon, Rug-
gles, Smith of Maryland, Tazewell, Van Burca
Vandyke, Williams, of Mississippi — 23 j ami
with this decision, the subsequent practice of
the Senate has conformed, leaving States in part I
or in whole unrepresented, when the legislature |
failed to fill a regular vacancy.

CHAP T K

RKTIKINO OF .\

Is the siunmer of this

mmiitwl a long anil high

(ii'partjuent of the federa!

tiri'ly to quit its service

tilt; new President, Mr.

ilif place of Minister Pic

K.vtraordinary to the C

fame place to which he

yiars before, and from

■Senate) by President

Hhieh ho had not been

Jilierson, at the revolii

liwk place in 1800. I

with the government for

in the Congress of the

I Ih? convention which fr

•stitiition (in both places

I of Massachusetts), in the

I of New- York, being one of

j that State, elected in 178

J Schuyler, the father-in-lav

I He was afterwards minis

j -again senator, and agaii

I the mean time, declined tl

jdrtit Washington to be h

I lie was a federalist of tl

I head of that party after (

I Hamilton; and when the

jiarty, with whose views

Jsy.stems of policy, General

jfoincide<I. As chief of ths

I for as Vice-President in 1

Jin 1810. He was one o

■supported the governmen

■against Great Britam. Oj

Ition, he went into its supp

Idetlared, and in his place

jthe measures and supplies

|>vas most essential) exerte

Ifor the defence of his adoj

l(on the strength and cond

llhea depended) ; assistmg

rolunteer regiments and mil

pting with the republican

pns and Mr. Van Buren),

i^tate of New-York in th

ANNO 1825. JOHN QUINCV ADAM.'^ I'Rl-^IDKNT.

CHAP T K 11 XXII I.

KtTlilINO OF MK. KIFUS KINO.

In the suminor of this year, tliis pcntlcmnii ter-
imn:!!^! a lonp nml liifili career in the lo};i.slati\ o
(lipartiui-nt of the federal povcrnincnt, but not en-
tjri'ly to quit its service. lie was appointed hy
ilii' niw President, Mr. John Qiiinry Adams, to
the place of Minister Plenipotentiary and Knvoy
Extraordinary to the Court of St. James, the
fame place to which he had been apjiointcd thirty
j yiars before, and from the same place (the
I .Si'imtc) by President Wasliinjjton ; and from
which lie had not been removed by Presii at
Jc'tlcrson, at the revolution of parties, wliich
tijok place in 1800. lie had been connected
I with the government forty years, having served
in the Congress of the Confederation, and in
Ihi convention which framed the federal con-
stitution (in both places from his native State
of Massachusetts), in the Senate from the State
of New- York, being one of the first senators from
that State, elected in 1789, with General Philip
Schuyler, the father-in-law of General Hamilton.
He was afterwards minister to Great Britain,
I —again senator, and again minister — having, in
I the mean time, declined the invitation of Presi-
Ident Washington to be his Secretary of State.
I He was a federalist of the old school, and the
I head of that party after the death of General
I Hamilton; and when the name discriminated a
mrty, with whose views on government and
Isystems of policy, General Washington greatly
I coincided. As chief of that party, ho was voted
I for as Vice-President in 1808, and as President
|in 1810. He was one of the federalists who

pOHition which the war in rannda and n'pupr*
nance to the war in New Kii;;!.iii'l, n nderol ch-
ficntial to the welfare of the I'liioii. Ifistnry

I should remenilicr this patriotic conduct of Mr.

I Kinp, and record it for the iM-aulirul nud instruc-
tive lc8.son which it teaches.

Like Mr. Macron and Joliii ', .lylor <if Can)Iinii,
Mr. King had h'm iii liviiluality of rlmrnctcr,
manners and dre-sii, but of diHerent type ; they,
of plain country gentlemen ; and he, a hi^h
model of courtly refinement. He always a|>-
peare<l in the Senate in full dress; short small-
clothes, silk stockings, and shoes, and wa.s ha-
bitually observant of all the courtesies of life.
Hi.H colleague in the Senate, durinj: the chief
time that I saw him there, was Mr. Van Buren :
and it wa.s .singular to see a great State represent-
ed in the Senate, at the same time, liy the chiefs
of opposite political parties ; Mr. Van Buren

was much the younger, and it was delightful to
behold the deferential regard which he paid to
his elder colleague, always returned with mark-
ed kindness and respect.

I felt it to be a privilege to serve in the Senate
with three such senators as Mr. King, Mr. Ma-
con, and John Taylor of Carolina, and was an.x-
ious to improve such an opportunity into a mean.s
of benefit to myself. With Mr. JIacon it came
easily, as he was the cotcmporary and friend of
my father and grandfather ; with the venerable
John Taylor there was no time for any intimacy
to grow up, as we only served together for one
session ; with Mr. King it required a little system
of advances on my part, which I had time to
make, and which the urbanity of his manners
rendered easy. Ho became kind to me ; readily
supplied me with information from his own vast
stores, allowed me to consult him, and as.sisted me
in the business of the State (of whose admission
Isupportcd the government in the war of 1812 he had been the great opimnent), whenever I

lamnst Great Britain. Opposed to its declara-
Ition, he went into its support as soon as it was

could satisfy him that I was right,— even down to
tho small bills which were entirely local, or mcre-

liklared, and in his place in the Senate voted | ly individual. More, he gave me proofs of real

Ithc measures and supplies required ; and (what
livas most essential) exerted himself b providing
jfor the defence of his adopted State, New- York
l(on the strength and conduct of which so much
Ithca depended) ; assisting to raise and equip her
■volunteer regiments and militia quotas, and co-op-
lerating with the republican leaders (Gov. Tomp-
Kin.s and Mr. Van Buren), to maintain the great

regard, and in that most diQlcult of all friendly
offices, — admonition, counselling against a fault ;
one instance of which was go marked and so
agreeable to me (reproof as it was), that I im-
mediately wrote down the very words of it in a
letter to Mrs. Benton (who was then absent
from the city), and now copy it, both to do hon-
or to an aged senator, who could thus act a

Kate of New- York in the strong and united ' "/a<Aer'« " part towards a young one, and be-

TIIIRTV YEAIW VIEW.

cause I am prood of tlio wor<U \w uhciI to inc.
Till' li'ttor »nyh :

" Vcstcnlay (Mny 2 >tli, 1S24), wo rarriwl
§75,000 for iiiijiroNiii^c tlif iiavipition of the Mw-
«k>*i|i|ii niul thu Oliio. I niiKlc a poixl sik'itIi,
liiit IK) ]>art of it will 1)0 imlilislicd. I s|M)kc in
I'jihj, aii'l witli fitnx nml aiiimntion. Wlu-n it
wottoviT, Mr. Kinjr, of N. Y., came and sat down
in a diair \>y mi-, and took hold of my Imnd nnil
said 111! would si)iak to mo an ii fiiUicr— that I
had groat jioworH, and that he felt a Kinrore pieits-
nro in .socin;; ma advance and rise in the world,
and that ho would take the lilwrty of warninjr
mo a>;ainst an clTect of my temporariient when
hoateilhyojiimsition; that under those circumstan-
ces I took an authoritative manner, and a look and
tone of defiance, whicii sat ill upon the older mem-
bers; and advised mo to modtrato my manner."

This was real friendship, eniianccd by the
kindness of manner, and had its cflcct. 1 sup-
pressed that speoch, through compliment to him,
and have studied moderation and forbearanco
ever since. Twcnty-fivo years later I served in
Congress with two of Mr. King's sons (Mr.
Jumcs Gore King, representative from New-
York, and Mr. John Alsop King, a rei'rescnta-
tivo from New Jersey) ; and was glad to lot
them both sec the sincere respect which I had
for the memory of their father.

In one of our conversations, and upon the for-
mation of the constitution in the federal conven-
tion of 1787, he said some things to mo which, I
think ought to bo remembered by future genera-
tions, to enable them to appreciate justly those
founders of our goTornmont who were in favor
of H stronger organization than was adopted.
He said : " You young men who have been bom
since the Revolution, look with horror upon the
name of a King, and upon all propositions for a
strong government. It was not so with us.
AVe were born the subjects of a King, and were
accustomed to subscribe ourselves 'His Majesty's
most faithful subjects ; ' and wo began the quar-
rel which ended in the Ilevolution, not against
the King, but against his parliament; and in
making the new government many propositions
wore submitted which would not bear discus-
sion ; and ought not to be quoted against their
authors, being offered for consideration, and to
bring out opinions, . nnd which, though behind
ihe opinions of this day, were in advance of those
of that day." — These thmgs were saiil chiefly in

relation to General Hamilton, who had Mihmit.
ted )>ro|)OsitionH stronger tlian thoso ndnptt-l
but nothing like those which party spirit ai(r.
butiil to him. I heard tin so words, I hope, wi;,
profit ; ami commit them, in the wimo hop<>. ti
after generation.s.

CIIAPTEll XXIV.

REMOV.M. OF TlIK CUKEK INDIANS FP.OM
OKOliOI.V

By an agreement with the State of Georgia ia I
the year 1802, the United States liccame boiml,
in consideration of the cession of the wcstcm
territory, now constituting the States of Alahomi
and Mississippi, to extinguish the rtmainder of
the Indian title witliin her limits, and to remove
the Indians from the State ; of w^hich largii and
valuable portions were then occupied by th
Creeks and Cherokces. No time was limiH
for the fulUlmont of this obligation, and near i
quarter of a century had passcfl away witlioiitl
seeing its full execution. At length Georgia, sotin» I
no end to this delay, became impatient, and jut [
ly so, the long delay being equivalent to a breaci I
of tho agreement; for, although no time vrul
limited for its execution, yot a reasonable tim I
was naturally understood, and that incessant and I
faithful endeavors should be made by the Unitrij
States to comply with her undertaking. In tbol
years 1824-'25 this had become a serious qiios-l
tion between tho United States ond Georgia- 1
the compact being but portly complied with— ami I
Mr. Jlonroo, in tho last year of his Administwl
tion, and among its la.st acts, had the satisfaction I
to conclude a treaty with the Creek Indians fotl
a cession of all their claims in tho State, and tkul
removal from it. This was tho treaty of Iktl
Indian Springs, negotiated the i2th of Februairl
1825, tho famous chief, Gen. Wm. Mcintosh, M
some fifty oth r chiefs signing it in the prescnal
of Mr. Crowell, the United States Indian agciit|
It ceded all the Creek country in Georgia, a:*
also several millions of acres in the State of Al»|
bamo. Complaints followed it > Washington ul
having been concluded by Mcintosh without thi
authority of the nation. The ratification of tliel
treaty was opposed, but finally carried, and bJ

ill.' strong votf of ^4 to
,>|,|iii.,it,on to tho treaty
,ipiitinti!<l party iMranio
Mclati'^h anri another c
!.hta:ito to tho execution
|,»ri'(l to resist. Goorgii
,1 to execute it by taking
lorrilory. Tho Governii
1 1 It it.'^ilf Ijound to into
cldit, Mr. Adams, becai
n'livirtion thot the treot
(lilt duo authority, and th
n.t to bo enforced ; and
I iiliral troops to the coi
I (Korpia was m a llamo a
] I hi' neighboring States
hi till' mean time tho Pre
I violence, and to obtain ju.
I cii further ; and assouibl i
I fhiofs of the (/reeks at AV
J (lid a new treaty with ti
I liy which tho treaty of li
I nulled, and a (lubstituto f(
|nll the Creek lands in Gk
Lama. This treaty, with
jl!ic difficulties of the ques
Jcommunic'fttcd hy the Pre
land by it referred to the
lAirairs, of which I was chs
Itce reported against the ra
TcarncRtly deprecated a coll
piie federal government an
mended further negotiatioi
ksy as the Creek chiefs w
kon. The objections to tlu

1. That it annulled tho M
bv implying its illegality, ai
ing the fate of its authors.

2. Because it did not cc
Creek lands in Georgia.

3. Because it ceded none
Further negotiations acc(

Jicndation of the Senate, w
Jurat; and on the 31st of
roar, a supplemental artich
[rhich all the Creek lands ii
oher; and tho Creeks with
emigrate to a new homo
li. The vote in tho Senate
jreaty, and its supplemental
bpliatic— thirty to seven:
Ivi'sall Southern senators fa

ANNO 18M. John qilNCV ADAMS l'KJ>H'KNT.

iiie giroiiR vole of .14 to I. r)isBj)|K>iiitcil in tlwir
„|,«),sil,on to the ticuly ot W'aHhinpton, the <liH-
,iiiiU'ntt!<l i>arty IxTainci violent at home, kilkW
.Mclnl""'' o'l'l nnothiT chirf, (kchired forciblo rc-
M«ta:iw to tlio cxiH'ution of tlio treaty, ami prc-
. ;tri'(I to rusist. Gvoi^ia, on her part, (k'tcmiin-
,1 to execute itlty tttkin(?j>ossesnion of thec'"k'<l
territory. The Government of tfie [.'nitnl .Staler
fit itself J)0und to interfere. The new I'resi-
1 (uiit, Mr. Aflams, became impressed with the
I odiivirtion that the treaty had been madu with-
I (lilt due authority, and that its execution ou<:]it
ii'.t to Ijo enforced ; and sent (ien. Guiiifs witli
liloral troops to the confines of Oeoriiia. All
(Itorpia was m a llamo at this view of force, and
tla' neighboring States sympathizeil with her.
Ititliu mean time tho Prcmdent, anxious to avoid
violenci', and to obtain justice for Georgia, treat-
ed further; tmd asscnildinfr the head men and
I chiefs of tho Creeks at Wasliington City, conclu-
Ifitil a new treaty witli them (January, 182G) ;
I by which tho treaty of Indian Springs was an-
I milled, and a fiubstituto for it negotiated, ceding
Inll tho Creek lands in Georgia, but none in Ala-
llama. This treaty, with a message detailing all
lt!io difficulties of tho question, was immediately
Icommui'.icated ))y tho President to the Senate,
land by it referred to tho Committee on Indian
lAlTairs, of which I was chairman. The commit-
Itee reported against the ratification of tho treaty,
IcarncFtly deprecated a collision of arms between
kiie feUcrnl government and a State, and recom-
lEcndcd further negotiations — a thing tho more
[easy as the Creek chiefs were still at Washing-
lion. The objections to tho new treaty were :

1. That it annulled the Mcintosh treaty; there-
by implying its illegality, and apparently justify-
ing the fate of its authors.

2. Because it did not ccdo tho whole of the
Creek lands in Georgia.

8. Because it ceded none in Alabama.

Further negotiations according to the recom-
nendation of the Senate, were had by tho Pres-
Idunt; and on the 31st of March of tho same
roar, a supplcniental article was concluded, by
frhich all the Creek lands in Georgia were ceded
ohcr; and tho Creeks within her borders bound

) emigrate to a now homo beyond tho Mississip-
■i. The vote in tho Senate on ratifying this new
peaty, and its supplemental article, was full and
jinphatic — thirty to seven: and the seven nega-
ps all Southern senators favorable to the object,

but diHdilisfled with the cIaiiM»< whii li nnnulltd
the M<dnto>h tri'uty uinl implied a rcuHiin.' ii|ion
its authors. Northern senators voted in a txxly
to do this great act of justi'o to ( i''iir^:ii», re-
(itraine<l by no innvortliy feeling a^iamst the
growth and prosperity of a slave Slut>\ And
thus wiw tarried into elfcrt, after a 'K-iny of a
quarter of a century, and alter greai and just
complaint on tho part of Georgia, the coniftnct
between that State and the United Si;itosof 1^02.
Gi-orgia was i)aid at liust for her greui cession ol
territory, and obtained tho removal of an Indian
community out (if her limits, and tho us<> ami
dominion of all her soil for settlement and juris-
diction. It was an incalculable advantage to her,
and sought in vain under three ,-itccessive Southern
Presidents — Jefferson, Madison, Monroe — (who
could only obtaifi part coiccssions from the In-
dians) — and now accomplished under a Northern
President, with the full concurrence and support
of the Northern delegations in Congress : for tho
Northern representatives m the House voted tho
appropriations to carry the treaty into effect as
readily as the senators had voted tho ratification
of tho treaty itself. Candid men, friends to tho
harmony and stability of this Union, shoidd re-
member these things when they hear tho North-
ern States, on account of the conduct of somo
societies and individuals, charged with unjust
and criminal designs towards the South.

An incident which attended the negotiation
of the supplemental article to tho treaty of
January deserves to be conmiemorated, as au
instance of the frauds which may attend Indian
negotiations, and for which there is so little
chance of detection by either of tho injured
parties, — by the Indians themselves, or by tho
federal government. When tho President sent
in tho treaty of January, and after its njection
by tho Senate became certain, thereby leaving
tho federal government and Georgia upon the
point of collision, I urged upon Mr. James Bar-
bour, the Secretary at War (of whose depart-
ment the Indian Office was then a branch) the
necessity of a supplemental article ceding all the
Creek lands in Georgia ; and assured him that,
with that additional article, the treaty would
be ratified, and the question settled. The Secre-
tary was very willing to do all this, but said it
was impossible,— that tho chiefs would not agree
to it. I recommended to him to make them
some presents, so as to overcome their opposi-

J ,

■■],'■' <

TlllU'n' TFARS" VIEW

tinn ) which hliii(><l, >ironii«<-
it woiiM iiavor of >iril>«>ry. In tlic in«*«n tiinn

it linij \ II ('<iMitn>iiiiriil<-il. to nil', tlmt tin-

trciity ftlri'aiiy iiiinio wiis itxt'lf tin- woik of
jrn'dt lirild-ry; tho niini of .<j;|»i<i,(MMt out of
^'JI7,(MMi, wliicli it stipiiliitiil to llic (Vrck fm-
lioii, lis n first imyiiiciif, lii'liij; a fuml for priviitt'
ilistriltiilioii niiiDiK; tliu cliiefH who iic)^tiato<l
it. Iliiviiij; rcrcivi'il this iiifipriimtion, I fi'lt qiiito
Riirc tliiit I III- ftnr of tlio rt'jcction of thn trenty,
hikI thi' c'oiis«'(|iiciit loss of thfso SI ''•••"<'*), to the
iu>(!otiatiii;; cliicfs. would insure' tlit'ir nssi'iit to
tlio sii|i|iicni('iUal article without the iniiiiri'nicnt
of further ini'scnts, I ha<l un iiitcrvicH' with
till' k'li'liii;; (.'liii'Ts, iiiiil inailc known to tlit-ni tlio
tiicvitahlu fact that the Sunato woiiM reject tlie
treaty as it st»M)(i, l)iit would ratify it with a
SupiiloiiK'ntiil article ceding; all their lands in
(ieorpia. With this intoriiiation they aproed to
tho additional article: and then the whole was
ratified, as I have already stated. Hut a further
work remained l)ehiiid. It was to lialk the
fraud of tho corrupt distrihiition of !S!1C0.(M)()
ntnong a few chiefs ; and that was to bo done
hi the appropriation hill, and hy a clause
directing the whole treaty money to ho paid
to tho nation instead of the chiefs. Tho case
was coininunicated to tho Senate in secret ses-
sion, and a coinmittoo of conference appointed
(.Messrs. IJenton, Van Huron, and Berrien) to
agree with tho House committee upon the pro-
per clause to be put into tho appropriation bi!).
It was also communicated to the Secretary at
War. lie sent in a report from Jlr. JfcKinney,
the Indian bureau clerk, and actual negotiator of
tlio treaty, admitting tho fact of tho intended
private distribution ; which, in fact, could not be
denied, as I held an oripnal paper showing tho
names of all tho intended recipients, with the
Kuin allowed to each, beginning at !g!20,n00 and
ranging down to SSOOO ; and that it was done
with his cognizance.

Some extr.acts from speeches delivered on
that occasion will welllinish this view of a trans-
action which at ono time threatened violence
between a State and tho federal government,
and in which a gi-eat fraud in an Indian treaty
was detected and frustrated.

EXTR.VCTS FROM THE SPEECHES IX THE SENATE
AND I\ THE HOUSE OF BEI'UESENTATIVES.
'• Mr. Van Buren said he should state the cir-
cumstances of tills case, and the views of the

roininitt<»o of confcren'v". .\ trraty was tnvi-
ill tins city, in which it wan stipulati'il on ih.
part of tho fnitcd Statew, that S-47.tNHi |,.
gethcr with nil annuity of S-*>,iMHi a vri-
and iither ciinsiilcraljiins, (•hoiihl Ik* paid lo i|.
('re<ks, as a consideration for tho pxtinguishinn,;
of their title to lamis in tho Stato of (iecir^.i,,
which the I'liiliMJ States, under tlio cr>Nsiiin k
Isd'J. wire iindir oMvatioiis to oxtinpniNh. Tl,
bill from the other House to carry this tnai,
into ellect. directed ||mt the money shoiil.j \i
paid and distnliuted aiiion^r tho chiefs and wn
riors. That bill came to llie Senate, and ii m,,.
lideiitinl coniniiinicalion wa made to the Sennti
from which it appenred tlmt stnmg suspicini,,
were entertained tl \t a design existed oii ih.
part of the chiefs wl,(» made tho treaty, to pn, .
tiso a fraud on the Creek nation, by dividin;; th.
money amongst themselves and as-sociates. Vi
amonilincnt was pniposed by tho Senate, win ,
provided for the payment "of tlioso inonevs n,
tho usual way, and tho distribution of tht'in in
tho usual manner, and in tho usual proportinn
to which the Indians wcro entitled. That
ainoudnunt was scut to tho other House, wini
unadvised as to the facts which were knowa tl
the Senate, refused to concur in it, and asko I i
conference, Tho conferees, on tho port of tlin
Senate, communicated their suspicions to tht
conferees on tho part of tho llonse, and asknl
them to unite in an application to the Depart-
ment of AVar, (or information on tho sulijict,
This was accordingly done, and tho dociimtnti
sent, in answer, were a letter from tho Sccrt.
tary of War, and a report by Mr. SIcKenncy,
From that report it appeared clear ond satisfac-
tory, that a design thus existed on the part of
the Indians, by whom the treaty wos nogotiateil
to distribute of tho S247,(X10 to bo paid for the
cession by tho United States, ^159,750 among
them.selves, and a few favorite chiefs at home,
and throe Cherokee chiefs who Imd no iutirest |
in tho property. Kidge and Vann were to r?-
ceivo by tho original treaty .§5000 each. By
this agreement of tho distribution of the monc'v
each was to receive 1^15.000 more, niakinj;
1^20,000 for each. Kidge, the father of UuM
who is here, was to receive .§10,000. The other
$100,000 was to bo distributed, .§5000, and. in
some instances, §10,000 to the chiefs who nfj-o-
tinted tho treaty hero, varying from ono to ttn
thousand dollars each.

"Mr. V. B. said, in his judgment, the char-
acter of the government was involved in this
subject, and it would require, under the circum-
stances of this case, that they should take c\wl
step they could rightfully take to exculpaiel
theiu.selves from having, in any degree or form. I
concurred in this fraud.' The fontiment oftlitj
American people where he resided was, and haiil
been, highly excited on this subject; they hull
applaudeil. in the most ardent manner, the zeslf
manifested by the government to preserve them-L
selves pure in their negotiations with the Indiansl
and though he was satisfied— though ho decmiill

„ ini|i«i<tiiihla to Mii|>|ii

piVlTIIIIU'tlt (Dllll! llllVI

■ I' '.IIS fraud, y<-i (

ill ill' (AMI which reijiiii
lilt' iK'^otitttion of the I
„i (li» .'«iippleniciitary ar
ivastiiiully adopted, all
oiiaiiiiiiiicaled to the Id
mo ('lieroki-es. .Mr. \
|]iir|«is«), Id'causc the net
ri'ijiiire it, to nay what
I'li^'iit (0 have done, oi
■'..I. hIrii the informatio
litil known him many ;
ail lioiicstnr man, or a i
cuiititry, than that geni
(«i(l it was not for him I
Imve been tlio course
I'liiU'd States, if the infi
to iiiiii on the subject.
a iiKHtifying and most
iht minds of tho people
tlmt no means whate\
Mipprcssion of this fii
liiure ougiit to be. an ex
ill tho public mind. "

' Mr. Benton said, tin
of the views of tho ct
wliidi had been given by
York (Mr. Van Buren),'
to a statement of facts (
(111 wliich references hat
soiml knowledge.

• The Secretary of AVai

hti letter to the committi

that the Secretary had i

j:ratuities to tho Civck

Miccess of the negotiatio

idirect. Mr. B. hafl hir

Jiicretary to do so ; it wa

Jays after the treaty liad

fiirod to a paper which

Utii or loth of March, an

si):ncd in the month of J

was dune at the time thai

I sirvices to procure tho s

I be adopted. The Secreta

till' practice of giving the

I said he had rccommendi

of treating with barbaria

tied in this way, the chii

iicfintiation, at a great dai

tnimcnt, until they got

way or other, or defeated

lie considered the practici

the usage of tho United i

to be conunon in all barl

I many that were civilized

|nrticle in tho federal co;

Kviving '^preaentt" from

lliroof that the conventio

striction to be necessary, e

'The time at which Mr.

I vices to aid this nogotiatioi

to be eminently critical, and

ANN«» lH2rt. JOHN griNCY ADAMS, IUK>II>KNT

iti\|M>«itil>lo to Nii|i|ii)Mu for » iiiiiiiii>nl (hat
^iivvniiiuMit (iiiilil lmvi> oxiiitciiiiiiri'il llu* prnr-

r i.iiK fruinl, yet llii'U' wt-ni crcuniKiitiK-c.N

„, III' mMi H hu'li rin|uii'f<l i'X<'ul|Miti*iii. Ilvtwit'ii
11,0 ii<'|{i)tintioii ul' till- trfikty aii'l tliu iK'iiotmtiDii
uflhi:' !<ii|i|il(!iiiciitary nrtlclii uii winch iliv trcitiy
\yti< liiiully AilopU'il, all tlii-sc fir('iiiiiN(nm-i>K witv
iiiiiii»<iniciiti.-il to till- hcpnrtiiK'iit «)f War liy tin;
ti«o (lierukit-H. Mr. \ . it. niikI it wuh luit his
l>iir|M>-<>), livcauM.' till* iiecL-ssily of thu ruMv ilnl not
ri(|iiirc it, to duy whul thu .Strriitury of War
Mf}\t to havo tlotif, or to ceiisiiru what iio iliil
1,1, hIii'I) thu iiifurtnatiuii wait civfii to him. lie
hill known him iiiaiiy years, and tlioru was not
III liDucittiir man, or n innn iiioru duvotcil to his
iDiintry, thim tliut pontlunian wu.<«. Mr. V. J{.
(till it wan nut for liini to iiavu Hui<l what hhonld
Imvf bi't'ii the courMo of the i'n'sidoni of tlie
I niu<d States, if thu information had licen ^iven
to liiiii on the suhjoct. It could nut fail to niuku
aiiinrtifyinK and mo.st injurious iuiprcssion un
ihi- minds of the pvoplu uf iliiM country, to tind
ih»C no mcanx whutover wiTu taken fur thu
Mi|i|ires!iion uf tliis fraud. There was, and
tliurc ou)(iit to ))c. an e.XL'itcniunt un the Hubject
ill tlio puUbniind."

' Ml'. Uentun said, tliut after the explanation
of the views of the committee of conference
which hnd hecn pivun by the senator from New-
York (Mr. Van lUiren), ho would limit himself
to a statement of facts un two or three puints,
nil which references hud been made to his per-
sonal knowlcdf^e.

•The Secretary of War had referred to liim, in

ki loiter to tho committee, as knowing; thu fact

that the Secretary hiid rei'iiscd to give private

gratuities to the Creek chiefs to promote the

•.iiccess uf the negotiation. The refennico was

lorri'ct. Mr. B. had himself reconmiended thu

j>c'cretary to do so ; it wos, however, about forty

I days nicer the treaty had been signed. He re-

llrrud to a paper which fixed the date to the

I lull or loth of March, and the treaty hnd been

si|.'ncd in tho month of January preceding. It

was dune at the time that Mr. U. Iiad oH'ei-ed his

services to procure the supplemental article to

k adopted. The Secretary entirely condemned

the practice of giving these gratuities. Mr. li.

said he had recommended it as the only way

of treating with barbarians ; that, if not grati-

lled in this way, the chiefs would prolong the

iic;:otiation, at a great daily expense to the gov-

Icnimcnt, until they got their gratuity in one

way or other, or defeated the treaty altogether.

I 111! considered the practice to be sanctioned by

I the usage of tho United States : he bcliuved it

I to be common in all barbarous nations, and in

I many that were civilized ; and referred to the

I Article in the federal constitution against re-

jiiiving "prc»en<*" from foreign powers, as a

proof that the convention thought such a re-

|striction to be necessary, even among ourselves.

''The time at which Mr. B. had otfered his ser-

I rices to aid this negotiation, had appeared to him

Ito be eminently critical, and big with consequences

which hii wiiM anxioiio lo avert. It was aftor
till- iiiiiiniilti-c \y.\t\ ri'^iilri-<l l<> nport ai:iuii-.t the
n<-w treaty, and Im lore they had iimilc the ri'imrt
to the S'lirtlc. The ili'i'isiiiii, Mliat>.s'\cr It mi^'llt
Im>, and the ctinsci|ucnt diM'iiNNiniiM. criiiiiiialinnM,
and recnminittions, wvn^ i':ili'iiliite<l to bniig on
a viideiit hlru|.';;li' in the .'•ciiatc il-elf; tivlwecn
the .Si'imte and tlie Kxeciilive ; |ieili:i|is between
th<> two lloiiMes (I'nr a relcreiuu i<f the subject
to both woiilil have taken place) ; and UlWi-en
iinu or more States and the federal <;tivernnient.
Mr. K. had concurred in thu re|Hirt a;;ainst the
nuw treaty, iM-causu it divested (ieor^ia of vested
rights , and. though objectioiialile in many ulher
res])i'ctM, he was willing, for the saku of |K'ace,
to ratify it, provided thu vested rights of (ieorgia
Were not invude<l. The Nup]ileiiieiital urticlr had
relieved him U|M)n this point. lie thought that
(ieoriiia hnd no further cause of dissatisfaction
with the treaty ; it vi»t>.Aliibiiiiia that was injured
by the loss of some millions of acres, wliidi she
had acipiired under the treaty uf 1m!.'), and lust
under that uf 1820. Her case coniniiindeil his
regrets and sympathy. She had lost the right
of jurisdiction over a considerable extent of ter-
ritory ; and thu advantages of .settling, cultivat-
ing, and taxing the same, were postponed ; but,
he hoped, nut indelinitely. But these were «'t»/i-
aiijuenlUU advantages, resulting from an act
which tho guvernmunt was not hound to du ;
and, though tho loss uf them was an injury, yet
this injury could not be considerutl as ;» violation
of veste<l rights; but the circumstance certainly
increased the strength of her claim to thu total
extinction of the Indian titles within lier limits
and. he trusted, wou'd have its due etl'ect upoi.
the Government of the United States.

"The third and last point on which ilr. B.
thought references to his name had made it
pro|)er iijr him to give a statement, related to tho
circumstance whicli had induced the Senate to
make the amendment which liad become tho
subject of the conference between the two
Ilou.ses. He had himself come to the knowledge
of that circiiinstanco in the last days uf April,
some weeks after tho su]ipluinental article had
been ratified. He hud deemed it to be his duty
to communicate it to the Senate, and do it in a
way that would avoid a groundless agitation of
the public feeling, or unjust reflections upon any
imlividual, white or red, if, jxiradventure, his
information should turn out to have been im-
true. Ho therefore communicated it to the
Senate m secret session ; and the eflect of the
information was immediately manifested in tho
unanimou.s determination of tho Senate to adopt
the amcn<lnient which was now under considera-
tion. He deemed the amendment, or one that
would etrect the same object, to be called for by
the circumstances of the case, and the relative
state of the parties. It wns apparent that a few
chiefs were to have nn undue proportion of tho
money — they had realized what he had foretold
to the Secretary ; and it was certain that the
knowledge of thi.s, whenever it should bo found

TlllUTV YEARS' VIEW.

out hv ttip nntion. woiilil orrnsinn distiirhnnres,
nn<l. pi'ilmps, hloodslicd. Ho tlioMjrht that the
I'liitcil Stnlts kIioiiM iiicvonf. tht-se ronscr|uenci'S,
by prevent iiij; the cimsc of thfiii. aii'l. for this
purpose, lie woulti tonrnr in nny ninendniont
that would eflect ii fair dislrihutioii of the money
or nny distribution tlmt was ai'reeable to the
nation in open counsel."

.Mr. Herrien: '"You linve nrriveil at the last
srene in the present act of the preat jxjiitical
drunia of the Creek controversy. In its progress,
you have .seen two of the sovereisrn States of tlic
Anierican Confederation — isf Racially, you have
seen one of those States, whic-li has always been
faithful and fl)rward in the disiharpe of her
duties to tliis Union, driven to the wall, by the
combined force of the administration and its
allies consisting of a portion of Uie Creek nation,
and certain Cherokee diplomatists. Hitherto, in
the discussions before tlie Senate on this subject,
1 have imposed a restraint upon my own feel-
ings under the influence of motives which have
now ceased to operate. It was my first duty to
obtain an acknowledgment, on tiiis floor, of the
right.s of (Jeorgia, re[)rcssing, f^jr that purpose,
even the story of her wrongs. It was my first
duty, sir, and I have .sacrificed to it every other
consideration. As a motive to forbearance it no
longer exists. I'he rights of Georgia have been
jnost rated.

'•Sir, in the progress of that controvcrsj',
which has grown out of the treaty of the Indian
Springs, the people of (Jeorgia have been grossly
and wantonly calumniated, and the acts of the
administration have assisted to give currency to
these calumnies. Her chief magistrate has
been traduced. The solemn act of her legisla-
ture has been set at naught by a rescript of the
federal Executive. A military force has been
(piartcred on her borders to coerce her to sub-
mission ; and without a trial, without the privi-
lege of being heard, without the .semblance of
evidence, she has been deprived of rights secured
to her by the .solemn stipulations of treaty.

" When, in obedience to the will of the legis-
lature of Georgia, her chief magistrate had com-
municated to the President his determination
to survey the ceded territory, his right to do so
was admitted. It was declared by the President
that the act would be 'wholly' on the responsi-
bility of the government of Georgia, and that
' the Government of the United States would
not be in any manner resi)onsible for any con.se-
quences which might result from the measure.'
AV'^hen his willingness to encounter this responsi-
bility' -vas announced, it was met by the declara-
tion that the President' would ' not permit the
survey to be made,' and ho was referred to a
major-general of the army of the United States,
unci one thousand regtdar.s.

"The murder of Mcintosh — ths defamation
of the chief magistrate of Georgia — the menace
of military force to coerce her to submission —
were followed by the tra('i'Ction of two of her
cherished citizens, cmployeu as the agents of the

Geneml (lovcmment in negotiating the treatv—
gentlemen who,«c integrity will not shrink fmin j
comparison with that of the proudest and loltit^s.
, ' heir accusers. Then the sympathies of the
|.c<>j)le of the Union were excited in Iwhalf of ' the
children of the forest,' who were represented as
indignantly spuming the gold, which was otUn,!
to entice them from the graves of their fathers
and resolutely determined never to abandon them,
The incidents of the plot being thus prepared, tlii.
affair hastens to its consummation. A new treaty
is negotiated here — a pure and spotless traitii.
The rights of (Jeorgia and of Alabama are sacri-
ficed ; the United States obtain a part of tlie lands,
and pay double the amount stipulated by the old
treaty ; and those poor and noble, and unsophis-
ticated sons of the forest, having succeeded in
imposing on the simplicity of this government,
next concert, under its eye, and with its know-
ledge, the means of defrauding their own constitii- 1
ents, the chiefs and warriors of the Creek natic

" For their agency in exciting the Creeks to I
resist the former treaty, and in deluding this
government to annul it, three Cherokees-
Ridge, Vann, and tlie father of the former— m
to receive forty thousand pollars of the
money stipulated to be paid by the United States |
to the chiefs of the Creek nation ; and the govern-
ment, when informed of the projected fraud, deems I
itself powerless to avert it. Nay, when apprised
liy your amendment, that you had also detected
it, that government does not hesitate to intcrjiosi,
by one of its high fimctionaries, to resist yoiir
proceeding, by a singular fatuity, thus giving in
countenance and support to the conimission of
the fraud. Sir, I speak of what has passfll
before your eyes even in this hall.

" One fifth of the whole purchase money is to I
be given to three Ch'^okees. Tkn thols.akd
DOLLARS reward one ;f the heroes of Fort I
Minis — a boon which i so well becomes us to I
bestow. A few chotan favorites divide anion;
themselves upwards of one hundred and fiftvI
thousand dollars, leaving a pittance for distri-l
bution among the great body of the chiefs and]
warriors of the nation.

" But the administration, though it condemns
the fraud, thinks that we have no power to [iix'-j
vent its consummation. What, sir, have we nol
power to see that our own treaty is carried into I
effect? Have we no interest in doing so 1 Iliivej
wo no power? We have stipulated for the pav[
ment of two hundred and fortv-seven thou.sjinJ I
dollars to the chiefs of the Creek nation, /ofel
distnbuted among the chiefs and warriors A
that nation. Is not the distribution part (Ji[
the contract as well as the payment 7 We knowl
that a few of those chiefs, in fraudulent violatiMl
of the rights secured by that treaty, are alonil
to appropriate this money to themselves. Artl
we powerless to prevent it? Nay, must ml
too. suffer ourselves to be made the conscioml
instruments of its consummation? We liiml
made a bargain with a savage tribe which youl
choo.se to dignify with the name of a treaty!

cmccrning whom we

nnt. or without it. a

eves. We know tlmt

liieni are aljout to che

h.ive the means in out

their corrupt purpo.se ca

we not the right to sec (

honestly fulfillwl? Coi

honesty, nan we put the

the contract into the 1

know are about to dc

inisted them ? Sir, the

••Mr. Forsyth (of th(

tives) said : A sttipendo

intended by the delegatic

ihe S'-cretary of War, <

chiefs coi.ip^sing the Cr

sisted by thei Cheroket

iiad combined to put intc

ihn.se of a few select fr

t!iree fourths of the first ;

the second cession of th

sia. The facts connectei

althongh concealed fron

I second contract was befo

and from the House whe

10 (arry it into effect wi

ivere perfectly understooi

[mont by the Secretary, i

is called the head of tb

Thomas L. JIcKinnoy).

[some strange fortune, di

fraud, after the ratificatic

before they acted on the a

ed, by an amendment to t

J success of the profitable s(

House, entirely ignorant

j. suspecting the motive of tl

Ijected it, insisted upon th

land a committee of the twc

Iconferred on the subject. ;

lascertained by the separai

Imittecs, there can bo no d

tiie great point of defeating

Jrv of the delegation and se

[tribe. The only matter w

Jsion, is, how shall the trc

-how shall the Creek tri

Jtlio abominable designs o

[iinprincipled agents ? Wil

V'ed by the committee ret

plan is, to pay the mone

divided among the chiefs

the direction of the Secrc

^ouncil of the nation, conve

suppose the council in solei

lefore them, and the divisi

mder the dii'ection of the

nay not the chiefs and tl

he money, as promi.sed to tl

Ind how will the Secretar

[he claim ? They assented-

pive that the only difHcuK

Ihe bribe. The Secretary \

liigh as five thousand dol

ANNO l<^2rt. JOHN QUINrV ADAMS, PRESIDENT.

.■.mccrninp wliom we lepislntc with their con-
viit. or witlioHt it. as it seems pood in our
eve'?. ^^*5 know thnt some ten or twenty of
tiiem nre nlxMit to cheat the remainder. We
l,avc the means in otir hands, without which
iheir corrupt purpose cannot he effected. Have
vie not tlio ripht to sec that our own harpain is
honestly fuHlile<l? Con.sistently with common
honesty, can wc put the considerntion money of
the contract into tho hands of those who we
know are ahout to defraud tho people who
trusted them ? Sir, tlie proposition is absurd.

"Mr. Forsyth (of tho IIouso of Representa-
tives) said : A stupendous fraud, it seems, was
•ntendcd by the delepition who had formed, with
the S'-cretary of War, tho new contract. The
cliiefs coiiijw^sinp; the Creek diplomatic train, as-
sisted by thei ■ Cherokee secretaries of legation,
1 iiad combined to put into their own pockets, and
1 ilinsc of a few select friends, somewhere about
I tliree fourths of the first payment to be made for
il;e second cession of the lands lyiwg in Gcor-
sria. The facts connected with this transaction,
althoiish concealed from tho Senate when the
i-ccoiid contract was before them for ratification,
ami from tho House when the appropriation bill
to larry it into effect was under consideration,
were perfectly understood at the War Depart-
I niont by tho Secretary, and by his clerk, who
i< called the head of tho Indian Bureau (Mr.
[ Thomas L. McKinnoy). The Senate having, by
I pome strange fortune, discovered the intended
Ifniiid, after the ratification of the contract, and
1 before they acted on the appropriation bill, wish-
led, by an amendment to the bill, to prevent the
I success of the profitable scheme of villany. The
I House, entirely ignorant of the facts, and not
iispecting the motive of the amendment, had re-
jjected it, insisted upon their disagreement to it,
and a committee of the two Houses, as usual, had
conferred on the subject. Now, that the facts are
ascertained by the separate reports of the Com-
mittees, there can bo no difference of opinion on
the preat point of defeating the intended treache-
ry of the delegation and secretaries to the Creek
tiibo. The only matter which can bear discus-
sion, is, how shall the treachery be punished ?
j-ho\v shall the Creek tribe bo protected from
tlio abominable designs of their worthless and
unprincipled agents ? W"ill the omendment pro-
sed by the committee reach their object 1 The
ilan is, to pay tho money to the chiefs, to be
ivided among the chiefs and warriors, under
lie direction of the Secretary of War, in a full
ouncil of the nation, convened for the purpose.
appose the council in solemn session, tho money
fore them, and the division about to be made,
nder the direction of the Secretary of War —
lay not the chiefs and their secretaries claim
Ihe money, as promised to them under the treaty,
nd how will the Secretary or his agent resist
he claim ? They assented — tho House will pcr-
ive that the only difficulty was the amount of
he bribe. The Secretary was willing to go as
igh as five thousand dollars, but could not

stretch to ten thousand dollars. Notwittist.mfl-
ing the assent of the t 'herokpcs, and the dfi-Inra-
tion of the .Seon'tary, that five thousand dollars
each was the extent that thoy could l)e allowvd.
Uidpe and Vann, after tho treaty was si^rni'd. and
before it was acted on by tho JSonatc. i>r sulmiit-
ted to that l)ody, brought a pajx'r. the i)recious
list of the price of each traitor, f()r tho inspection
and information of the head of tho btireau and
the head of the department ; an<l what answer
did they receive from both? The head of the
bureau said it was their own affair. The Sorre-
tary said he presumed it was their own affair.
But I ask this House, if the engagement for the
five thousand dollars, and tho list of the sums to
be distributed, may not be claimed as part of this
new contract? If these persons have not a rijjht
to claim, in the face of the tribe, these sums, as
promised to them by their (Jrcat Father? Ay.
sir; and, if they are powerful enou;rh in the
tribe, they will enforce their claim. I'lidor what
pretext will your Secretary of War direct a diP
ferent disposition or divi.sion of the money, after
his often repeated declaration, ' it is their own
affair' — the affair of the delegation? Yes. sir,
so happily has this business been managed at tho
seat of government, imder the Kxecutivc eye.
that this division which the negotiators proposed
to make of the spoil, may be termed a part of the
consideration of the contract. It must be con-
fessed that these exquisite ambassadors were
quite lilHjral to themselves, their secretaries, and
particular friends: one hundred and fifty-nine
thousand seven hundred dollars, to be divided
among some twenty persons, is pretty well !
What name shall we give to this division of
money among them ? To call it a bribe, would
shock tho delicacy of the War Department, and
possibly offend those gentle spirited politicians,
who lescmble Cowper's preachers, ' who coulcl
not mention hell to ears polite.' Tho transcend-
ent criminality of this design cannot be well
understood, without recalling to recollection tho
dark and blooci/ scenes of the j oar past. Tho
chief Mcintosh, distinguished at all times by his
courage and devotion to the whites, deriving his
name of the AVhite Warrior, from his mixed pa-
rentage, had formed, with his party, the treaty
of the Indian Springs. He was denounced for it.
His midnight sleep was broken by the crackling
flames of his dwelling burning over his head.
Escaping from the flames, he was shot down by
a party acting under the orders of the persons
who accused him of betraying, for his own selfish
purposes, the interest of the tribe. Those who
condemned that chief, the incendiaries and the
murderers, arc the negotiators of this now con-
tract ; the one hundred and fifty-nine thousand
dollars, is to be the fruit of their victory over the
assassinated chief. What evidence of fraud, and
selfi.shness, and treachery, has red or white malice
been able to exhibit against th" ("load wairior ?
A reservation of land for him, in the contract of
1821, was sold by him to the United States, for
twenty-five thousand dollars; a price he ':ould

- 1

3>
Si

TIlIRrV' YEARS' VIEW,

}iav<; olitikiiU'fl from inili^'idiinls, if IiIh title had
l<een (Icciik-iI .secure. 'I'liis sitle of pro|X'rty piven
to him l)y I'lie tril)e. was tiie foiiiKliitioii of the
Ciiluiiinie. that have lieeii lieaix'd >i]K)n his iiiciiio-
ry. and tlie caii.se wiiich. in the eyes of our ail-
niiiiistralion iiewsiiaiK;rt'(htor.s. Hcrihhlers, and re-
viewers, Justilied his exenition. Now, sir, the
executioners are to Itc rewarded by pillapin^ the
piihiic Trea><iiry. I hxik witii some curiosity for
tiie nidi^nant <lenuneiations of this accidentally
discovered treachery. J'erhaps it will be dis-
coven-d that all this new business of the Creeks
is ' their own afliiir,' witlnvhich the wliite editors
and reviewers liave nothinf; to do. Fortunately,
Mr. V. .sjiid. Congress had fiomethin<» to do with
this affair. >\'e owe u j istice to the tribe. This
ainen(hnent, he feared, would not do justice. The
power of Confrress should be cxertecl, not only to
keep the money out of the hands of the.sc wretch-
es, but to secure a faithful and equal distribution
of it among the whole Creek nation. The whole
tribe hold the land ; their title by occupancy
resides in all ; all are rightfully claimants to equal
ywrtions of the price of their removal from it.
The country is not aware how the Indian annui-
ties are distributed, or the moneys paid to the
tribes disposed of. They are divided according
to the discretion of the Indian government, com-
pletely aristocraticftl — all the powers vested in a
few chiefs. Mr. I'\ had it from authority he
could not doubt, that the Creek annuities had,
for years past, been divided in very unequal pro-
portions, not among the twenty thou.sand souls
of which the tribe was believed to be composed,
Ijut among about one thousand live hundred
chiefs and wari'iors.

"Mr. For.syth expressed hi.s hope that the
House would reject the report of the committee.
Ik'fore taking his scat, he asked the indulgence
of the House, while he made a few comments on
tliis list of worthies, and the prices to be paid to
each. At the head of the list stands Mr. Ilidge,
with the stmi of jj!l5,000 opposite to his elevated
name. This man is no Creek, but a Cherokee,
educated among the whites, allied to them by
marriage — has received lessons in Christianity,
morality, and sentiment — {terfectly civilized, ac-
cording to the rules and customs of Cornwall.
This negotiation, of which he has been, cither as
actor or instrument, the principal manager, is an
admirable proof of the benefits ho has derived
from his residence among a moral and religious
people. Vann, another Cherokee, half savage
and half cinli/.cd, succeeds him with S15.0U0
bounty. A few inches below comes another
Kidgo, the major, father to the secretary — a gal-
lant ohl fellow, who did .some service against the
hostile Creok.s, during the late war, for which ho
deserved and received acknowledgments — but
what claims he had to this Creek money, Mr. F.
<'ould not comprehend. Probably his name was
used merely to cover another gratuity for the
son, whose modesty would not permit him to
take more than .Ijl 15,000 in his own name. The.se

('herokces were topethcr to receive .S4(i.(Hiii ,/
Creek money, and the .Secretary of Wuy i, ,
opinion it is quite consistent with the ciinirfic
whicli provides for the distribution of it tuui,i ■
the chiefs and warriors of the Creeks. |,(k,^"
sir. at the (iistincti<m made for these exqiiisii,;
VojK)thle i'oholo, who.se word General (iamK
would take against the congregated world, is <,•
down for but ^'10,0^)0. The Little rrince l,i,i
■SIO.OOO. Even Menawee, distinguished as jici,
as the leader of the party who murdered Mclnio.li
and Etome Tustunnuggee — as one of the acciir«<j
band who butchered three hundred men, wonini.
and children at Fort Mims — has but .<$10,iniii
A distinguishea lied Stick, in these days, whe^
kindness to Indians is shown in proportion to
their opposition to the policy of the (ieneral Gov.
crnment, might have expected better treatmont
— only ten thousand dollars to our enemy in war
and in peace! But, sir, I will not detain tli«j
IIou.se longer. I should hold myself criminal ij
I had exposed these things unnecessarily or ui^
les.sly. That patriotism only is lovely whicii,
imitating the filial piety of the sons of the Patn|
arch, seeks, w^ith avertetl face, to cover tho nakci
ness of the country from the eye of a vulgar and
invidious curiosity. But the commands of publ^
uuty must be obeyed ; let those who have in.
posed this duty upon us answer for it to tb(|
people."

" Mr. Tatnall, of Geo. (H. R.) He was as con-l
fidcnt as his colleagues could be, that the foulejJ
fraud had been projected by some of tlie individ.
uals calling themselves a part of the Creek dele-
gatiou, and that it was known to the depart-
ment of war before the ratification of the trcatv,
and was not communicated by that d^partnuitl
to the Senate, either before or during the fKii-
dcncy of the consideration of the treaty by tlutl
body. Mr. T. said he would not, however, fe
the reasons just mentioned, dwell on this ground
biit would proceed to state, that he was in favoi
of the amendment ofil'ered by the committee m
conference, (and therein he differed from his coif
league), which, whilst it would effectually pre-
vent the commission of the fraud intended, would!
also, avoid a violation of the terms of ' the ncil
treaty,' as it was styled. He stated, that tlifl
list which he held in his hand was, itself, cow
elusive evidence of a corrupt intention to diviw
the greater pp.rt of the money among the itifl
persons named in it. In this list, different sui
were written opposite the names of dilflrent
dividuals, such, lor instance, as the folioHinir||
'John Ilidge, ^15,000— Joseph A'ann, 1;J.(«V|
(both Cherokees, and not Creeks, and, therefortl
not entitled to one cent) The next, a loiij: aiT
barbarous Indian name, which I shall not alj
tempt to pronounce, '1^10,000'— not, Join
Stcdham, ' ^10,000,' &c. This list, as it appeiu^
in the documents received from the Secretary «
AVar, was presented to the war dcDartnient I
Kidgo and Vaun."

THE PANAJ

Tiir lii,>itory of this mi.*

HJii (I'ur it never took c

jaiietioned by both IIoi

.iiTvcs a place in this insi

ofoiir government. Tl

into oblivion, and its nai

iras a master subject oi

uiiring its day; and gav

national, and of constitui

Liial policy, the importa

the occasion from which

iliition of which' (as tl

iomc guide to future actio

igain occur. Besides th(

rliich the subject gave ri

•aue one of unu.sual anc

It agitated the people, mad

lie two Houses of Congre

ions of parties and individi

;fore which Congress be;

!tn-een the President and

tlie duel between Mr. Ra

was an administration r

ail the means known t

was evidently relied upo

E upon the people— as a

"lich might have the effect

lich was then running higl

|d Mr. Clay on account of

mse of Representatives, i

les of the inaugural addrc

jal message: and it \i

;ined for that purpose. :

ffemcnt, and republican.

the American states of Spa

lor their mutual safety

presenting the natural w

ites to place herself at t

!st si.ster of the new repu

'se example and institutio

wed. The monarchies of j

Holy Alliance," to cheol

i«y: it seemed just that

Xew W'orlil should confec

gcrs of de.spoti.sm. The su

t; and the name and pla(

ANNO 1826. JOHN QUINCY ADAMS, I'ULslDENT.

Gft

CHAPTER XXV.

THE PANA.MA MISSION.

fur. lii.story of this mission, or attempted mis-
Lioii (lor it never tooit edect, though eventually
Lanctioned by both Houses of Congres.s), de-
I fiTves a place in this inside view of the working
lofoiir government. Though long since sunk
liiuo oblivion, and its name almost forgotten, it
Las a master subject on the political theatre
luiiring its day ; and gave rise to questions of
Inational, and of constitutional law, and of na-
Lional policy, the importance of which survive
Ithc occasion from which they sprung ; and the
oliUion of which (as then solved), may be
Lome guide to future action, if similar questions
Lain occur. Besides the grave questions to
irhicb the subject gave rise, the subject itself
K-aue one of unusual and painful excitement.
It agitated the people, made a violent debate in
llie t«o Houses of Congress, inflamed the pas-
Ions of parties and individuals, raised a tempest
lefore which Congress bent, made bad feeling
letweeu the President and the Senate ; and led
) the duel between Mr. Randolph and Mr. Clay.
t was an administration measure, and pressed
rail the means known to an administration.
[was evidently relied upon as a means of act-
Ig upon the people — as a popular movement,
hich might have the effect of turning the tide
bich was then running high against Mr. Adams
|d Mr. Clay on account of the election in the
louse of Representatives, and the broad doc-
nes of the inaugural address, and of the first
bual meiisage: and it was doubtless well
gincJ for that purpose. It was an American
bvemeiit, and republican. It was the asseml)Iy
|the American states of Spanish origin, counsel-
lor their mutual safety and independence;
1 presenting the natural wish for the United
ktes to place herself at their head, as the
]est sister of the new republics, and the one
cse example and institutions the others had
bned. The monarchies of Europe had formed
flloly Alliance," to check the progress of
krty; it seemed just that the republics of
jXew World should confederate against the
Igcrs of despotism. The subject had a charm i
It; and the name and place of mneting re- \

Vol. I.— 5

called chwsic and cherished recollect ion.'*. It
was on an isthmus — the Isthmus of Panama —
which connected the two Americas, the (irccian
republics had their isthmus — that of Corinth —
where their deputies assembled. All the ad-
vantages in the presentation of the <juestion
were on the side of the administration. It ad-
dressed itself to the imagination — to the pas-
sions — to the prejudices; — and could only be
met by the cold and sober suggestions of reason
and judgment. It had the prestige of name
and subject, and was half victor before the con-
test began ; n.id it required bold men to make
head against it.

The debate began in the Senate, upon the nomi-
nation of ministers ; and as the Senate sat with
closed doors, their objections were not hearc!,
while numerous presses, and popular speakers,
excited the public mind in favor of the measure^,
and inflamed it against the Senate for delaying
its sanction. It was a plan conceived by the new
Spanish American republics, and prepared as a
sort of amphictyonic council for the settlement
of questions among themselves; and, to which,
in a manner which had much the appearance of
our own procuring, we had received an invitation
to send deputies. The invitation was most seduc-
tively exhibited in all the administration presses ;
and captivated all young and ardent iuiagina-
tions. Tiie people were roused : the majoritv in
both Houses of Congress gave way (many ij .v st
their convictions, as they frankly told me), while
the project itself — our participation in it — was
utterly condemned by the principles of our con-
stitution, and bj' the poWcy which forbade •' en-
tangling alliances," and the propcsou congress
itself was not even a diplomatic; body to which
minister.'' could be sent under the law of nations.
To counteract the effect of this outside current,
the Senate, on the motion of Mr. Van Buren,
adopted a resolve to debate the question with
open doors, " unless, in the opinion of the Presi-
dent, the publication of documents necessary to
be referred to in debate should be prejudicial to
existing negotiations:" and a copy of the resolve
was sent to Mr. Adams for his opinion on that
point. Ho declined to give it, and left it to the
Senate to decide for itself, " the question nf an
unexampled departure from its oicn usages,
and upon the motives of which, not being him-
self i/iformed, he did not feel himself competent
to decide." This reference to the motives of the

.'"f

r,G

TIIIBTY YKAIIS' VIEW

memlKTs, and the usajrcs of the ScnaU', with its
clear iinpliiiatirm of tlie badiiesfi of omi, and the
violatioi. cf 'lie other, pave great offenco in the
Senate, and even led to a projwsition (made by
Mr. Ilowan of Kentucky), not to act on the nom-
inations until the information rcfiuestcd should
be given. In the end the Senate relinquished the
idea of a public debate, and contented itself with
its publication after it was over. Mr. John Ser-
fieant of Pennsylvania, and Mr. Richard Clark
Anderson of Kentucky, were the ministers nomi-
nated ; and, the (|uestioa turning wholly upon the
mission it.seir.,.,,d not upon the persons nominated
ytn wliose fitncB'! there \-os no otijection), they
were confirm i .y a clo.se vote— 24 to 20. The
negatives were : 11°"« s. Tier' ton, Berrien. Branch.
Chandler, Co' h (Thomas AV. cf Georgia), Dick-
erson, Eaton, I indlay, Ilayne, Holmes of Maine,
Kane, King of Alabama, Macon, Kandolph. Taze-
well, Rowan, Van Burcn, White of Tennessee,
Williams of Mississippi, Woodbury. The Vice-
President, Mr. Calhoun, presiding in the Senate,
had no vote, the constitutional contingency to
authorize it not hav'ng occurred : but he was full
and free in the expression of his opinion against
the mission.

It was ve"y nearly a party vote, the democracy
as a party, being against it : but of those of the
party who voted for it, the design of this history
(which is to show the working of the govern-
ment) reiiui'-es it to bo told that there ',vas after-
wards, either to themselves or relatives, some
large dispensations of executive patronage. Their
rotes may have been conscientious ; but in that
case, it would have been better to have vin-
dicated the disinterest^idness of the act, by the
total refusal of executive favor. Mr. Adams
commenced right, by askirg the advice of the
Senate, before he instituted the mission ; but thr
manner in which the object was pursued, made it
a matter of opposition to the administration to
refuse it, and greatly impaired the harmony
which ought to exist between the President and
the Senate. After all, the whole conception of the
Panama congress was an abortion. It died out
of itself, without ever having been once held —
not even by the states which had conceived it.
It was incongruous and impracticable, even for
them, — more apt to engender disputes among
themselves than to harmonize action against
Spain, — and utterly foreign to us, and dangerous
to our peace and institutions. The basis of the

agreement for the congres.«, was the existing staL.
of war between all the new states and the niottn,
country — .Spanish pride and policy being slow •
acknowledge the independence of revolted co'r^
nies, no matter how independent in fact ;— nn'j
the wish to establish concert among thcmsclvt-i
in the mode of treating her commerce, and tha:
of such of her American possessions (CuU
Porto Rico), as had not thrown off their subjtc.
tion. We were at peace with Spain, and couli
not go into any such council without compron.
ising our neutrality, and impairing the integritv
of our national character. Besides the diflicuj.
ties it would involve with Spain, thei'e was ono
subject specified in the treaties for discussion an"!
settlement in that congress, namely, the consid.
erations of future rc'ations with the governmeti
of Haiti, which would have been a firebrand b
the southern half of our Union, — not to be haj.
died or touched by our goverment any where
The publication of the .secret debates in the Scnati
on the nomination of the ministers, and the m\y
lie discussion in the House of Representatives cj
the appropriation clauses, to carry the mission
into effect, succeeded, after some time, in iii,J
sipating all the illusions which had fascinated tJ
public mind —turned the current against the id
ministration — made the project a new head i
objection to its authors ; and in a short time
would have been impossible to obtain anya
sidoration for it, either in Congress or before tl
people. It is now entirely forgotten, but desen
to be remembered in this View of the workin"
the government, to show the questions of poJicrJ
of national and constitutional law which w
discussed — the excitement which can be gotii'
without foundation, and against reason—!
public men can bend before a storm-^ow all
departments of the government can go wrong:'
and how the t rue conservative power in
country is in the people, in their ju^meiit
reason, and in steady appeals to their inteliigci
and patriotism.

Mr. Adams communicated the objects ui ll
proposed congress, so far as the United Stsii
could engage in them, in a special message
i'lj Senate; in which, disclaiming all part in
deliberations of a belligerent character, or de;
to contract alliances, or to engage in any proji
importing hostility to anj' other nation, he cm
merated, as the measures in which we could wi
take part, 1. The establishment of liberal pi

fiplfs of commercial
[oscfl could bo best ^
the .American states i
tjneoiis adoption of pi
irnlity. 3. The docti
(nv poods. 4. An Eg
ductrinc," as it is calh
the congress, each sti
means, its own territo
colonization. The enii
so different from what
posed to be, as bindi
cuard all the territory
Kiiropcan colonization,
this pas.sage from Mr. Ac
ivords. They are these:
all (he parties represen
('.mil will guard, by its
establishment of any f
within its borders, mav 1
was, more than two yes
my predecessor to the w
suiting fro.m the emancip
rican continents. It mai
new .southern nations, th
an essential appendage (
The.se were the words ol
iiwn a member of Mr.
tilhng: the department fn
would emanate J writter
cniini^iation of it was sti
[iiimsclf, in a communica
LSi'iiate, was laying it dowr
he American nations in a g
eputics. The circumstai
Mtion render it incredible
lie deceived in his under,'^
ill? to him, this "Monroe
'0 which it has been of J
'nited States were to stan
iiicricas, and repulse al
\Tm their shores), was enf
•"■"borders: that it was
lif other states of che New
Ml for itself, and by its
["■"•<1 its own territories :
:it the United States, so
atiiitous protection to th.
lates, would neither give, n

'ch enterprise, but that eaci

'•"■S within its own border

"11 from European coloni.aJ i

■I

ANNO 182«. JOHN' QUIXCY APAMS, I'lUMDF.NT.

r,7

fiplcs of commercial intercoiirrp, whirh he Kiip-
|Osc<l roiild Im! best done in an nsReml)ly of »"
tlic American states tojiether. 2. Tl^c conson-
tmeoiis adoption of principles of maritime nen-
irnlity. 3. The doctrine tlip.t free ships make
lixt! poods. 4. An agreement that the " Monroe
doctrine," as it is called, should bo adopted by
the conj^ss, each state to guard, by its own
means, its own territory from future Europcau
colonization. The enunciation of this doctrine,
so different from what it has of late been sup-
itofcd to be, as binding the United States to
pmrd all the territory of the New World from
Kiiropcan colonization, makes it proper to give
tliis passage from Mr. Adams's message in his own
ivords. They are these : "An agreement between
all the parties represented at the meeting, that
each will guard, by its own means, against the
establishment of any future European colony
j within its borders, may be found advisable. This
I wa^, more than two years since, announced by
I niv predecessor to the world, as a principle re-
sulting from the emancipation of both the Ame-
rican continents. It may be so developed to the
new southern nations, that they may feel it as
jail essential appendage to their independence."
I Those were the words of Mr. Adams, who had
hocn a meml)er of Mr. Monroe's c.-.binet, and
I tilling the department from which the doctrine
[would emanate; written at a time when the
lenuiiciation of it was still fresh, and when he
Ihimself, in a communication to the American
ISonato, was laying it down for the adoption of all
|the American nations in a general congress of their
[mties. The circumstances of the communi-
[cation render it incredible that Mr. Adams could
lie deceived in his understanding ; and, accord-
ing to him, this " Monroe doctrine " (according
Ito which it has been of late believed that the
I'nited States were to stand guard over the two
\mcricas, and repulse all intrusive colonists
trum their shores), was entirely confined to our
Iwii Itorders : that it was only proposeu to get
jlip other states of the New World to agree that,
laoh for itself, and by its own means, should
liiard its own territories: and, consequently,
^iit the United States, so far from extending
btuitous protection to the territories of other
lates, would neither give, nor reocive, aid in any
[ich enterprise, but that each should use its own
oar.s, within its own borders, for its own cxemp-
on from European colonial intrusion. 5. A fifth

object proposed by Mr. .Vdiinis, in which he sup-
nosed our ipart'''ip.i*i<)n in llic business of t!ui
Panama cf)nrrross ? light be ri;:htfiilly and bent-
flcially admitted, n-lated to the advancement of
religious lil)crty : and iis this was a point at
whi'v. the ■ncssngo encountered much ^on^uro,
I will give it in its own words. They are liiose:
" There is ycc another subject upon which, witi -
out entering into any trcatj*, the moral intiuomo
of the United States may, perhaps, be exerted
with beneficial influence at such meeting — the
advancement of religious liberty. Some of the
.southern nations are, even yet, sc far under tho
dominion of prejudice, that they have incorpo-
rated, with their jiiolitical constitu^'ons, an ex
elusive Church, without toleration of an|' other
than the dominant sect. The abandonment of
this last badge of religious bigotry and oppres-
sion, may be pressed more eftectually by the
united exertions of those who concur in tho
principles of freedom of conscience, upon those
who are yet to be convinced of their justice an<i
wisdom, than by the solitary etibrts of a tninis-
ter to any one of their separate governments.'
6. The sixth anr! last object 'lamed by Mr.
Adams was, to give proofs of our good will to
all the new southern republic, by accepting
their invitation to join them in the congress
which they proposed of American nations. Tho
President enumerated no others of the objects
to which the discussions of the congiess might be
directed; but in the papers which he commu-
nicated with the invitations he had received,
many others were mentioned, one of which was,
" the basis on which the relations with Haiti
should be placed ; " and the other, " to consider
and settle the future relations with Cuba and
Porto Rico.'

The message was referred to the Senate's
Committee on Foreign Affairs, consisting of Mr.
Macon, Mr. Tazewell, and Mr Gailla'-d of South
Carolina, Mr. Jlills of Massachu.setts, and Mr.
Hugh L. White of Tennessee. The committee
reported adversely to the President's recom-
mendation, and replied to the message, point by
point. It is an elaborate document, of great
ability and research, and well expressed the
democratic doctrines of that day. It was pre-
sented by Mr. Macon, the chairmen of the
committee, and was drawn by Mr. Tazewell,
»nd was the report of which Mr. Macon, vhc n
complimented upon it, v.-as accustomed to answer,

I ,

Tllinri' YEA US' VIEW.

'• Yes: it is a gwxl report. TozewiU wrote it."
Hut it wnH his also ; for no powtr couM have i
iiia'li! him present it, without declaring the fact, |
if he iiud not approveil it. The general princijtle |
i)f the report was tliat of rooiI will and friend- j
sliip to all the younj; republics, and the cultiva- 1
tion of social, coniinercial and jKilitical relations
with each one individually ; but no entangling
connection, and no internal interference with any
one. On the sug^^estion of aflvancing religious
freedom, the committee remark:

'• In the opinion of this committee, there is no
proposition, co'r vrning which the people of the
United States nv; u'>w and ever have been more
uiianimoiis, tlian that which denies, not merely the
exiMMliency. bn*. ^ho rijjht of intermeddling with
the internal air;\i,-- of other states; and espe-
cially .')■ Kcekjiig le alter any provision they may
have il' -'it jiroper to adopt as a fundamental
law, o?" ■■'■■ iMve incorporatud with their iwliti-
cal coi,^l. .'.ions. And if there bo any such
subit!;t more h;. ! and delicate than another,
as to which th i -ited States ought never to
interined<lle, even by obtrusive advice, it is that
which concerns religious liberty. The most
cruel and devastating wars have been produced
by such interferences; the blood of man has
been jwured out in torrents ; and. from the days
of the crusades to the present hour, no benefit
has resulted to the human family, from discus-
sions carried on by nations upon such subjects.
Among the variety even of Christian nations
which now inhabit the earth, rare indeed are the
examples to be found of states who have not
e.-;tablishcd an exclusive church ; and to far the
greater number of these toleration is yet un-
known. In none of the communications which
h:ivu taken place, is the mo.st distant allusion made
to this deliccte subject, by any of the ministers
who have given this invitation ; and the com-
mittee feel very confident in the opinion, that, if
ever an intimation shall be made to the sove-
reisrnties they represent, that it was the purpose
of the United States to discuss at the proposed
congress, their plans of internal civil polity, or
any tiling touching the supposed interests of
their religious establishments, the invitation
given would soon be withdrawn."

On the subject of the " Monroe doctrine." the
report shows that, one of the new republics
(Colombia) propo.sed that this doctrine should
be enforced " by the joint and united efforts of
all the states to be represented in the congress,
who should be bound by a solemn convention
to secure this end. It was in answer to this pro-
position that the President in his message showed
the extent of that doctrine to be limited to our
cwn territones, and that all that we could do,

would be to inter into agreement that each
should guard, by its own means, against the c^.
tablishmcnt of any foreign colony within its Ikjp-
ders. Kven such an agreement the commitin.
deemed unailvi.sable, and that there was m
more rca.son for making it a treaty stipulation
than there was for reducing to such stipulatiun-
any other of the " high, just, and miiversally ad.
mitted rights of all natioas. " The favorable com-
mercial treaties which the President expected tu
obtain, the committee believed would be more
readily obtained from each nation separately (in
which opinion their foresight has been justi(inl
by the event); and that each treaty would bctin'
more easily kept in proportion to the smaller
number of parties to it. The amfiiat at ions of the
laws of nations which the Prcoident proposed, in
the adoption of principles of maritime neutrally
and that free ships should make free goods, i.i;
the restriction of paper blockades, were t'oeniKi
by the committee objects beyond thw enforce-
ment of the American states alouo ; and the en-
forcement of which, if agreed to, might bring (he
chief burthen of enforcement upon the United
States ; and the committee doubted the policy of
undertaking, by negotiation with these nation.i!.
to settle abstract propositions, as parts of public |
law. On the subject of Cuba and Porto Rico,
the report declared that the United States could I
never regard with indifference their actual condi-
tion, or future destiny ; — but deprecated any I
joint action in relation to them, or any action to
which they themselves were not parties; and it |
totally discountenanced any joint discussion or ac-
tion in relation to the future of Haiti. To tli;|
whole of the new republics, the report expressd
the belief that, the retention of our present un- 1
connected and friendly position towards them
would be most for their own benefit, and enable
the United States to ar^ most effectually for th in I
in the case of necu.ng our good offices. lt|
said :

" While the United States retain the positii i
which they have hitherto occupied, and nwni-l
fe.st a constant determination not to mingle their I
interests with tho.seof the other states of AnuTinj
they may continue to employ the influence whiiiJ
they possess, and have already happily cxcrtodl
with the nations of Europe, in iavor of the.so ii ■» |
republics. But, if ever the United States |it>
mit themselves to be associated with tliesu rj.|
tions in any general congress, nssomblod fif'
discussion of common plan.'!, in the way atref!':;|
European interests, they will, by such an net.:

The advantage of pi
maintaining friendly i
• entangling alliances
presented in a brief am

" And the United St
ill happiness, to their
.strict observance of th(
of policy, and by mai
and most profound resj
must prepare to embai
uion an unknown and
by little experience, ani
haven. In such a voyi
king between thentsel
ill interest, character, lai
customs, habits, laws,
particular : and the rivj
must surely produce an
crate discords, which, if
hope of its successful t<
even success itself tJie ul
direful conflicts between
hcen the issue of all si
time ; and we have then
expect in the future, sim
causes.

The committee dissen
on the point of his right
without the previous adi

I Senate. The President ;
.•;o: butdeemt-d it advist
cumstances, to waive the

I vice. The committee av(
Senate to decide directly

I this new mission ; groun
originality, and holding th

J is to be instituted it is th(

j not the filling of a vacancj

I have a right to decide upo:

I office itself.

I spoke myself on this <
jpoints which it presented,
[rehations with Haiti (on'
jwas to be determined on.

AXXO 182«. JOHN QUIXCY ADAMS, I'UF-SIDKNT.

Rico,

could

condi-

ed any

tion tn

anil it

orac-
To tk I
pressd
lent un- 1

them

enable I

3r thin I

It I

position I

mani-

;le thei:

imcriiil

:e wliiciil

D.\crtoil|

lesi^iv-"!

tes p:-\

Vifw r.j'l

for-'.

attbfti:

nlv ilcprivc themselves of the Miility tlioy now
iir,s'*s8, of rcn<lerinK useful assistance to the
(.thir American states, hut also pnxluce other i
ctH'Cts, prejudicial to their own inten-sts. Then, [
the [lowers of Europe, who have hitherto con- ]
lidcd in the wipicity, vigilance, and impartiality i
of tiic United States, to watch, detect, annoimce, i
and restrain any dis|X)8ition that the heat of the I
fxisting contest might excite in the new states
nf America, to extend their empires beyond their
own limits, and who hare, therefore, considered
their possessions and commerce in America safe,
wiiilu so guarded, would no longer feel this con-
tideuce. "

The advantage of pursuing our old policy, and
maintaining friendly relations with all powers,
• entangling alliances with none," was forcibly
presented in a brief and striking paragraph :

" And the United States, who have grown up
ill happiness, to their present prosperity, by a
strict observance of their old well-known course
of policy, and by manifesting entire good will
and most profound respect for all other nations,
must prepare to embark their future destinies
uron an unknown and turbulent ocean, directed
by little experience, iind destined for no certain
haven. In such a voyage the dissimilitude ex-
isting between themselves and their associates,
iu interest, character, language, religion, manners,
cttstoras, habits, laws, and almost every other
particular : and the rivalship these discrepancies
must surely produce amongst them, would gen-
erate discords, which, if they did not destroy all
hope of its successful termination, would make
(von success itself Uie ultimate cause of new and
direful conflicts between themselves. Such has
been the issue of all such enterprises in past
time; and we have therefore strong reasons to
( xpcct in the future, similar results from similar
causes.

The committee dissented from the President
on tlie point of his right to institute the mission
without the previous advice and consent of the
Senate. The President averred his right to do
so: but deemt-d it advisable, under all the cir-
cumstances, to waive the right, and ask the ad-
vice. The committee averred the right of the
Senate to decide directly upon the expedience of
i this new mission ; grounding the right ujion its
originality, and holding that when a new mission
is to be instituted it is the creation of an office,
not the iilling of a vacancy ; and that the Senate
have a right to decide upon the expediency of the
I otficc itself.

I spoke myself on this question, and to all the
I points which it presented, and on the subject of
Irelations with Haiti (on which a li litomi rule
Iwas to be determined on. or a rulo with r..odifi-

rafions. according totlie projmsition of Colombia)
1 held that our jnilicy was fixed, anil cmiM li(>
neitlier altered, nor dist'U.s.stil in any foroi;;n .t;-
scinbly ; and especially in tho one prDiKKfl ; all
the other parties to which had already phicd
the two races (blaok and white) on the ba.>-is nf
political c<iuality. I said :

" Our policy towards Haiti, the old San l>o-
mii.go, has been tixed for three and thirty ye.irs.
We tra<le with her, but no di|>lt>inatic relntioiis
have been established between us. We purchii'^o
colfee from her, and pay her for it ; but we inter-
change no consuls or ministers. We receive i.o
mulatto consuls, or black anibassmlors from luv.
And why? IJecause the peace of eleven ,'^(«trs
iu this Union will not permit the Irnits of a suc-
cessful negro insurrection to be exhibited amon^
them. It will not permit black consuls nml aii.-
bas.sadors to establish themselves in our citit'>.
and to parade through our country, and give to
their fellow blacks in the United States, proof
in hand of tho honors which await them, for a
like successful effort on their part. It will iiuc
permit the fact to be seen, and told, that for tl.o
murder of their masters and mistresses, they i;rc
to Rnd friends among the white people of the.so
United States. No, this is a question which has
been determined ukre for tliree and tliirty
years ; one which has never been open for dis-
cussion, at home or abroad, neither under llio
Presidency of Gen. Washington, of the first Mr.
Adams, of Mr. Jefferson, Mr. Madison, or .Mr.
Monroe. It is one which cannot be (lisc\Is^e.l
in this chamber on this day ; and shall wo f;:j
to Panama to discuss it? I take it in the iniiil-
ust supposed character of this Congress — shall
we go there to advise and consult in council
al)Out it? Who are to advise and sit in judg-
ment upon it? Five nations who have already
put the black man upon an equality with tlu3
white, not only in their constitutions but in real
life ; live nations who have at this moment (:i.t
least some of tliem) black generals in their ar-
mies and mulatto senators in their congresses !

No question, in its day, excited more heat and
intemperate discussion, or more feeling between
a President and Senate, than this proposed mis-
sion to the congress of American nations at Pan-
ama; and no hcatod question ever cooled off,
and died out so suddenly and completely. And
now the chief benefit to be derived from its
retrospect — and that indeed is a, real one — is a
view of the firmness with which was then main-
tained by a minority, the old policy of tho Uni-
ted States, to avoid entangling alliances and in-
terference with the affairs of other nations ; — and
the exposition of the Monroe doctrine, from one
so competent to give it as Mr. Adams.

THIRTY YKARS' VIKW.

OIIAI'TKU XXVI.

|ili;i. IIKTWKKX Mil. CLAV AND MU. UANDOM'II.

1 1 wiiK Saturday, the first flay of April, towards
i.'foii, tlio Sfimte not hfiiif; that day in session,
t'l.il Mr. lUndoliih came to my roomnt Brown's
Ifiitul, and (without expluininnjtho reason of the
i|iit'stioii) asked me if I was a l)lood-relation of
Mrs. Clay ? I answered that I wa.s, and ho im-
mediately ri'i'lied that that jjiit an end to a rc-
(luest which ho had wished to make of me ; and
tiien went on to tell me that he had just received
n ch;illenf;e from Mr. Clay, had accepted it, was
roady to po out, and would apply to Col. Tat-
ii:ill to be his sccnd. Before leavinp;, ho toM me
he would make my boson\ the depository of a
secret wliich he should commit to no other per-
son : it was, that he did not intend to fire at
yir. Clay, lie told it to me because he wanted
a. witness of his intention, and did not mean to
tell it to his second or any body else ; and en-
joined inviolable secrecy until the duel was over.
This wius the first notice I had of the affair.
The circumstances of the delivery of the challenge
1 had from Gen. Jesup, Mr. Clay's second, and
they were so perfectly characteristic of Mr. Ran-
dol;>h that I j^ive them in detail, and in the Gen-
eral's own words :

" I was unable to see Mr. Randolph until the
morning of the 1st of April, when I called on
him for the puipose of deliverin}? the note.
I'revious to j)res;entlnK it, however, I thought it
prop(;r to ascertain from Mr. Randolph himself
whether the information which Mr. Clay had
received — that he considered himself personally
accountable for the attack on him — was correct.
1 accordingly informed Mr. Randolph that I was
the bearer of a message from Mr. Clay in conse-
quence of an attack which he had made upon his
private as we'll as public character in the Senate ;
that 1 was aware no one had the light to ques-
tion him out of the Senate for any thing said in
debate, unless he chose voluntarily to waive his
privileges as a member of that body. Mr. Ran-
dolph replied, that the constitution did prot(^t
liini, but lie would never shield himself under i
such ft subterfuge as the pleading of his privilege
as a senator from Virginia ; that he did hold him-
self accountable to Mr. Clay; but he said that \
gentleiniin had tii-st two ))ledges to redeem : one ;
that he had bound I imself to fight any member ]
of the House of Representatives, who should ac-
knowledge himself the author of a certain pub- |

lication in a Philadelohia paiwr; and the otliir
that he stood pledget! to establisli certain fa"',
in regani to a great nnn, whom he would nm
name ; but, lie adde<l ho could receive no verti.il
me.s.sage from Mr. Clay — that any message IVotu
him must bo in writing. I repiie<l that I \v;k
not authorized by Mr. Clay to enter into o:
receive any verbal explanations — that the in.
quiries 1 had made were for my own satisfaelion
and upon my own rcs|)on8ibility — that the onlv
message of which I wa.s the bearer was in writin-
I then prescnte<l the note, and remarked that I
knew notliing of Mr. Clay's pledges ; but that i|
they existed as lie (.Mr. Randolph) understo.ii
them, and he wa.s aware of them when he imi 1^
the att.ick complained of, he could not avail lijii,.
self of them — that by making the attack I thoncrh'
ho had waived them himself. Ho said he im l
not the remotest intention of taking advantiiL-
of the pledges referred to ; that he had nientii)ii-
ed them merely to remind me that he was waii-
ing his privilege, not only as a senator finm
Virginia, but as a jirivate gentleman ; that in.
was ready to respond to Mr. Clay, and woiiM
j be obliged to me if I would bear his note in ri-
i ply ; and that he would in the course of the day
i look out for a friend. I d ?clined being the hear-
er of his note, but inf ormet; nim my only reason
for declining was, thai I thought he owed it ti
himself to consult his friends before taking so
important a step. Ho seized my hand, sayin,'
' You are right, sir. I thank you for the sug-
gestion: but as you do not take my note, yoii
must not be impatient if you should not hear *"iM!ii
me to-day. I now think of only two friemls.
and there are circumstances connected with oiu'
of them wliich may deprive me of his servic «
and the other is in bad health — he was sick yv,-
terday, and may not be out to-day.' I assured
him that any reasonable time which he nii>;iit
find necessary to take would be satisfactorv
I took leave of him ; and it is duo to his meniori I
to say tliiit his bearing was, throughout the iii-
terview, that of a high-toned, chivalrous gcntli.- I
man of the old school."

These were the circumstances of the delivery ol
the challenge, and the only thing necessary to
give them their character is to recollect that, with
this prompt acceptance and positive refusal to
explain, and tliis extra cut about tlio two plcJ-
gi's, there was a perfect determination not to iiro
at Mr. Clay. That determination rested on two |
grounds ; first, an entire unwillingness to hurt .Mr.
Clay ; and, next, a conviction that to return tli.'
fire would be to answer, and would be an implid I
acknowledgment of Mr. Clay's right to make him |
answer. This he would not do, neither by inipL-
cation nor in words. He denied the right of auj I
person to question him out of the Senate foi
words spoken within it. He took a distinction [

faction for what wa.'

would receive, but not

much as to say : Afr.

ivlint has offended him

the fire, admit his rip

fiibtle distinction, and

death, and not very clet

hut to Af r. Randolph I

His allusion to the " u

niiicli he might have pi

eliallengo, and would n^

cut at Mr. Adams and '.

satisfiiction for cuts alri

her of the House" was

Pennsylvania, who, at t

tial election in the Hous<

avoTved himself to bo the

liuMication, the writer i

threatened to call to ac<

I himself— and did not.

President Adams, with ^

a newspaper controversy

I fact,— which had been p<i

this sarcastic cut, and of

ill the Panama speech.

President and Secretary

j encouraged the newspap

I attack him, which they c

J chose to overlook the edii

jtho instigators, as he beli(

jhe did to liis heart's conte

jti) their great annoyance, a

jlenge proved. The" two 1

jCol. Tatnall and myself,

jwhich might disqualify on

jof my relationship to Mrs.

m know the degree, and

Jonsangninity— considerini

khe other a complete bar t(

|Ec-coud-hoIding, as he did

1 1ndian, to the obligatioi

m little stress on marrij

kffable reception and court*

Pesup were according to liis c

Ihe decorum wliich belong*

■i duel in the circle to whicl

ffair of honor;" and high h

<)<->, must pervade eveiy

AX.VO 18.!0. JOHN QUJNCV ADAMS. I'nF.slDF.NT.

ktwr>t''i man an<I senator. As senator lie had a
fonstitutional immunity, pvcn for a wise ptiriiow,
anil wliich ho would neither surrender nor com-
nrnmise ; as individual he was ready to j^ive satis-
faction for what was deemed an injury. IIi;
would receive, but not return & fire. It was as
much as to say : Mr. Clay may firo nt mo for
what has offended him ; I will not, by returning
tiic fire, admit his right to do so. This was a
(iibtlo distinction, and that in case of life and
iltath, and not very clear to the common intellect ;
but to Mr. Kandolph both clear and convincing.
His allusion to the " two pledges unredeemed,"
nliich he it\ight have plead in bar to Mr. Clay's
iliallengo, and would not, was another sarcastic
cut at Mr. Adams and Mr. Clay, while rendering
salisfaotion for cuts already given. The " mem-
ber of the House" was Jlr. Gcorgo Kremcr, of
Pennsylvania, who, at the time of tlio presiden-
tial election in the House of Representatives, had
avowed himself to bo the author of an anonymous
[iHtlication, the writer of which Mr. Clay had
threatened to call to account if ho would avow
jiimself— and did not. The "great man" was
President Adams, with whom Mr. Clay had had
I a newspaper controversy, involving a question of
I fact,— which had been postponed. The cause of
I tliis sarcastic cut, and of all the keen personality
in the Panama speech, was the belief that the
riisidcnt and Secretary, the latter especially,
I tncouragcd the newspapers in their interest to
I attack him, which they did incessantly ; and he
Iciiose to overlook the editors and retaliate upon
I the instigators, as he believed them to be. This
I he did to his heart's content in that speech — and
Ito their great annoyance, as the coming of the chal-
llenge proved. The " two friends" alluded to were
ICol. Tatnall and myself, and the circumstances
[which might disqualify one of the two were those
|of my relationship to Mrs. Clay, of wliich ho did
fiot know the degree, and whether of affinity or
onsanguinity — considering the first no obstacle,
khe other a complete bar to my appearing as his
pond— holding, as he did, with the tenacity of
1 Indian, to the obligations of blood, and laying
kut little stress on marriage connections. His
kffable reception and courteous demeanor to Gen.
Besup were according to liis own high breeding, and
|hc decorum which belonged to such occasions.
L duel in the circle to which he belonged was "an
ffair of honor ;" and high honor, according to its
must pervade eveiy part of it. General

.IvsM|» had coiiie ujion an un|)UMi«nnt Imsiness.
Mr. Itnndolph (Utinniiu'd to |)Ut liim iit his case;
an<l did it so elllrtually as to cliarm lirni into ail
miration. The whole plan of his cdiidiict. down
to contingent details, was cast in his mind in-
RtAntly, as if by intuition, and never diparteil
from. The acceptance, the refusal to explain, tht;
determination ncit to fire, the lirsit and swond
choice of a friend, and tlio circumstances whi<;h
might disqualify one and delay the other, the ad-
liitional cut, and the resolve to full, if he fell, on
the soil of Virginia — was all, tohismind, asin;;lo
emanation, the flash of an instant He ueedL-d
no consultations, no deliberations to arrive at all
these important conclusions. I dwell upon these
small circumstances because they aie character-
istic, and show the man — a man who belongs to
history, and had his own history, and should be
known as he was. That character can only be shown
in his own conduct, his own words and acts : and
this duel with Mr. Clay illustrates it at many
points. It is in that point of view that I dwell
upon circumstances which might seum trivial,
but which are not so, being illustrative of char-
acter and significant to their smallest particulars.
The acceptance of the challenge was in keep-
ing with the whole proceeding — pronq)t in liie
agreement to meet, exact in protesting against
the rii^ld to call him out, clear in the waiver of
his constitutional privilege, brief and cogent in
presenting the case as one of some reprehension
— the case of a member of an administration
challenging a senator for words spoken in do-
bate of that administration ; and all in brief,
terse, and superlatively decorous language. It
ran thus :

" Mr. Randolph accepts the challenge of Mr.
Clay. At the same time he protests against the
right of any ministerof the Executive Government
of the United States to hold him responsible for
words spoken in debate, as a senator from Vir-
ginia, in crimination of such minister, or the ad-
ministration under which he shall have taken
office. Colonel Tatnall, of Georgia, the bearer
of this letter, is authorized to arrange with Gen-
eral Jesup (the bearer of Mr. Clay's challenge)
the terms of the meeting to which Mr. Kandolph
is invited by that note. "

This protest which Mr. Randolph entered

against the right of Mr. Clay to challenge him,

led to an explanation between their mutual

friends on that delicate point — a point which

; concerned the independence of debate, the pri-

P
'if

!.'i

H.H v'

■^;<*'

I . '

THiR-n* vr;ARs' view.

ANX(

;*ii

■;S

vilcjrcH or the Senate, the immimity of a mein-
Ikt, nnil the snnetit3' of th" rdnstitution. It
wii.-* a jpoiiit which Mr. flay felt; ami tlie txj'
nation uliich wa-s liail iR'twocri 'hu iniitiiul frii;ii'
presciiteil an excuse, if not a ju^tilicalion. for Ins
pro<'e<>'liiiv'. He li.nl heen inrornied tliat Mr.
KaiKJolpli. ill his sjicerh, liiul avoivcl his rtspon-
niliility (o .Afr. Clii}', uiiil wuived liis piivilejic — a
tliinj; whicii, if it hml been done, would have heen
a defbnee, and stood for an invitation to Mr. Clay
to Kend a challen};e. Mr. I'andoljih, thronnh
Col. Tatnall. disavowed that inipnted avowal,
and confhied his waiver of privilc^^e to Ihu time
of the delivery of the ehallenjio, and in answer
to an in<|iiiry before it was delivered.

The following; are the coinnuiiiications between
tiie respective .seconds on tliis point :

"In regard to the prnlpst with wliich Mr,
Ilandolph's note concludes, it is due to Mr. Clay
to saj" that he had Jieen inlbrniod Mr. Randolph
did, and would, liold himself responsible to him
for any observations he nii;jht make in relation
to him ; and that I (Gen. Jesup) distinctly un-
derstood from 3Tr. Randolph, before 1 delivered
the note of Mr. 'Jlay, that he waived his privilege
as a senator. "

To this Col. Tatnall replied:

••As this expression (did and woiih? Uc'tibi^n-
pelf resjwn.sible, &c.) may b'? con^ii i- i to iw an
that Mr. Randolph had givei. tliisintiai.iuor not
only before called ujwn, but in such a lift uner
a.s to throw out to Mr. Clay something like an
invitation to make such a call, I have, on the
l)art of Mr. Randolph, to disavow any disposition,
when expressing his readiness to waive his privi-
lege as a senator from Virginia, to invite, in any
case, a call upon him for personal satisfaction.
The concluding paragraph of your note, I pre-
Burae, is intended to show merely that you did
hot present a note, such as that of Mr. Clay
to Mr. Randolph, until you had ascertained his
willingness to waive his privilege as a senator.
This I infer, as it was in your recoRection that
the expression of such a readiness on the part of
Mr. Randolph was in reply to an inquiry on that
point made by yourself. "

Thus an irritating circumstance in the affair was
vii'tually negatived, and its offensive import whol-
ly disavowed. For my part, I do not believe that
Mr. Randolph used such language in his speech.
I have no recollection of having heard it. The
published report of the speech, as taken down by
the reportei's and not revised by the speaker, con-
tains nothing of it. Such gasconade was foreign

j to Mr. Han'lolph's character. Tlio occasion ,v„
not one in which ll'-so wrt of defiances ?,,
thrown ont, which are either to piirclnse a 'hco.,
reputation when it is known tiny will be <' . '.
ed, or to get an advantage in extnictitir n i.ln,
Vw/v wlitn there is a desipi to kill, >.r. Jhn-
tlolph had none of these views with resiK-ct to Mr,
Clay. He had no desire to fight him, or to hnrt
him, or gain cheuj) cliaractur by appearing; to
bully him, lie was above all that, and \a\
settled accounts with liim in his P|)cech, in,!
wanted no more. I do not believe it was suil.
but there wa.s u part of the speech which mi:;Lt
have received a wrong ajiplication, and led to tl. .
erroneous report : a part which applied to a
quoted passage in Mr, Adams's Panama messni.
which he condemned and denouncc<l, and djin'l
the President anil his friends to defend. I!,
words w re, as reported unrevi.sed: "IKi.l
plant my foot ; here I fling defiance right ir,;<)
liis (the President's) teeth ; hero I throw ti.
gauntlet to him and the bravest of his compem
to come forward and defind these lines, " Ac. \
very palpable defiance this, but very diHli-cRt
from a summons to fwrsonal combat, and from
what was related to Mr. Clay. It was an nnfcr-
tunato report, doubtless the effect of indistirt
apprehension, and the more to be regretted n
after having been a main cause inducing the |
challenge, the disavowal could not stop it.

Thus the agreement for the meeting wn^ nb.
solute ; and, according to the expectation of tlic
principals, the meeting itself would bo imme-
diately ; but their seconds, from the most Ian!-
able feelings, determined to delay it, with tin
hope to prevent it, and did keep it otf a ym\
admitting me to a participation in the good work,
as being already privy to the affair and fricndlj I
to both parlies. Tlie challenge stated no specilic
ground of oifence, specified no exceptionalile I
words. It was peremptory and general, for a
"unprovoked attack on his (Mr. Clay's) char-
acter," and it dispensed with explanations by
alleging that the notoriety and indisputable ex-
istence of the injury superseded the neccssitrforl
them. Of course this demand was bottomed (
a report of the words spoken — a verbal report,
the full daily publication of the debates havinj
not then begun — and that verbal report was of I
a character greatly to exasperate Mr. Clay, III
stated that in the course of the debate Mr. Baii-|
dolph said:

■Thot a Icttr.' .rom (loner
jm.Mii.isiT at Washin-ztoi
If'viHvitivi' o the vS\.'riate, I..
,v:ii;' ''I'l'u maniifarture<l o
■rraryof State, and dcnoiii
liHii M a corrupt coalition I
Lilblfti-kleir; and added, ai
L(Mr. Randolph) held hii
Itpjiisiljle for all that he had

Thi'* was the rejwrt to I
|r.:;Kli he gave the absolute
ivd the ab.solute accejjtan
11 inquiry between (liej)rinci
If the quarrel. The sccor^ls
, and to attempt nn ace
jiiceablo determination of (
Lseqeenco, General Jesup st
li a note to Col. Tatnall, thus

•Tlie injury of which Mr, C
|i<ts ill this, that Mr, Randolp
riih liaviii',' forged or inanufiic
iriiHi with tin.' Panama mis;
|as ajvlied to him in debate tl
The explaiiaf ion which I ^
ii.iat .Mr. llundolpl declare
fcition of charging Mr. Clay t
!■ private capacity, with forg'in
llK>r. or misrepresenting anj
lat the term blackleg was not
\ him. "

JTo this exposition of the grc
laint, Col. Tatnall answered :

Mr. Randolph informs nio
id by him in debate were as
ItliouRht it would bo in my
iitnt^ siiflBr otiy presumpti
lar..tte (county) jury that th
Inufactured here— that Salazo

las bearing a strong likeness
[the other papers. I did n
live this, but expreR,sod my sii
It was so. I applied to the ac
pilot, puritanic-Kliplomatic-bli
histration. ' Mr. Randolph,
Irds as those uttered by him i
ling to alford any explanation i
|and application."

In this answer Mr, Randolph
original ground of refusing to
ISenate for words spoken with
F^'s the statement of the
ken greatly ameliorated the o
coarse and insulting words,
^Vying, " being disavowed, a
« not used, and are not to b(
[lished report. The speech wa

AKXO 182.1. JOHN QLIN( Y AbAMf^ I'lai^lUKNT.

-Thnt ft lotto. >ron» (^cnornl SalazJir, the Mi-xi-

l.^i, j|ii,ist<r at Wasliin-rtoii, ttulmiitti'd liy »Iip

Cxi'outivi' .0 the St.'nftti«, \ttn< tlio enr-mnrk of

,viiiL' '■''''" tnanirHrtiirc*! or forpcd liy tlie Sw-

liirvtt Stole, :tii(l (Icnoiiiictvl the odiniiiiNtra-

n iw n '^"■'■iiitt coiilition iM'twccn tlio piiriinn

,1 hlftikloi;; nml ml'loil, ut th' >inmo tiino, tlint

.(\[r. Unniloljili) hold liim(.(lf |h isonully rc-

i^,:i<il>U' for all that he Imd sai'l. "

X!iU WHS tho report to Mr. Clay, and upon

niiKli he gavo tho ahsoluto rhallcngc, and rc-

vi'l tho nhsohito oeceptiinco, which shut out

11 ini|uiry l)ctwc'('i\ i ho principals into the causes

If the (luarrel. Tho secoiids dctennifie<l to open

aiiil to attempt nu nccomniodation, or n

rucahio determination of the didi ilty. In

li.isoqi'enfo, General Jesup stated tlie complaint

I a note to Col. Tatnall, thus :

Tlip injury of which Mr. Clay complains con-
jvtsiii tliis, that Mr. Kandoljih hascharp;od him
kitli hi\'m^ forpcd or inanul;ictnred a paper con-
rtiii witli tho Panama mission; also, that l»f
lis aivlied to him in debate the e])ithct of black-
I;:. Tiie explanation wliich I consider necessary

I I it Mr. lliindolpb declare that ho had no in-
Jntion of charfrin;? Mr. Clay, cither in his public
r private CJipsicity, with forging or falnifying any
irvr. or misrepresenting any fact; and also
lat tlie term blackleg was not intended to apply
I him."

JTo tliis exposition of the grounds of the com-
Col. Tatnall answered:

Mr. Randolph informs mo that tho words
ri by liim in debate were as follows : ' That
Itlioiight it would bo in my power to show
lidcnre suffic iitly presumptive to satisfy a
itte (county) jury that this invitation was
knufaclurcd here — that Salazar's letter struck
^as bearing a strong likeness in point of style
[the other papers. I did not undertake to
lovo this, but expre.'ssod my suspicion that tho
It was so. I applied to the administration the
Ithet, puritanic-diplomatic-black-legged ad-
tistration. ' Mr. Randolph, in giving these
Irds a.s those uttered by him in debate, is un-
lling to atlbrd any explanation as to their mean-
I and application. "

In this answer Mr. Randolph remained upon
I original ground of refusing to answer out of
I Senate for words spoken within it. In other

cts tho statement of the words actually
Ion greatly ameliorated the offensive report,
[coarse and insulting words, "forging and
[si/yuig'," being disavowed, as in fact they

I not used, and are not to be found in the
fislied report. The speech was a bitter phi-

ijiii

lippic, and intendetl to lio so, fukin;r for il.H point
the (ilK>r<'d coalition Ixtwein Mi iv atid .Mr
Adams with n'H|Krt to the election, and thoit
ell'ort.'* to pet up a iMipiiIar rpiestictn cfintrary to
i>iir policy of iion-eutanplemiiit with foni'.'n na-
ivmti. in sendins; niini.>iti'rM to tlie coii;:i(j.s of the
American .'^tatcH of Spanish origin at the l.^thnum
of Panama. I heard it all, and, though sharp
and cutting, I think it mi).'ht iiuse been luiird,
lm<l ho Ijeen present, without any manifestation
of resentment by Mr. Clay. '' rt which l.o
took so seriously to Iiem i\ing tho

Panama invitations maituUi . tfllco,

was to my mind nothing ni< tl ding

to him .1 diplomatic superioi . .>li iiabled
him to obtain fromthe South American luinistcrs
the invitations that ho wanted ; and not at all
that they wore spurious fabrications. As to the
expression, '^blackleg and puritan,^^ it wua
merely a sarcasm to strike by antithesis, and
which, being without foundation, might have been
disregarded. I presented these views to tho
parties, and if tl 'y had come from Mr. Himdolph
they might have been suflkient ; but he was in-
exortiblo, and would not authorize a word to be
said beyond what ho had written.

All hope of accommodation having vanished,
the -I'conds proceeded to arrange for the duel.
The iiftcrnooa of Saturday, the 8th of Apiil. was
fixed upon for tho time ; the right bank f the
Potomac, within the State of Virginia, abcive tho
Little Falls bridge, was the place, — pistols the
weapons, — distance ien paces ; each party to bo
attended by two seconds and a surgion, and my-
self at liberty to attend as a mutual friend.
There was to be no i)ractising with pistols, and
there was none ; and tho words " one, " " two, "
" three, " " stop, " after the word " fire, " were,
by agreement between tho seconds, and for tho
humane purpose of reducing the result as near
as possible to chance, to bo given out in quick
succession. The Virgim'a side of the Potomac
was taken at the instance of Mr. Randolph. IIo
went out as a Virginia senator, refusing to com-
promise that character, and, if he fell in defence
of its rights, Virginia soil was to him tho chosen
ground to receive his blood. There was a statute
of tho State against duelling within her limits ;
but, as he merely went out to receive a fire with-
out returning it, ho deemed that no fighting, and
consequently no breach of her statute. This
reason for choosing Virginia could only bo ex

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THIRTY YEARS' VIEW

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plained to mo, as I alono was the depository of
his Rccr<:t.

The wtfk's dulay which tbo seconds had con-
trived was a)x>tit expiring. It was Friday even-
ing, or rattier ni^ht, when I went to see Mr. Clay
for the lost time before the duel. There had been
some alienation between us since the time of the
presidential election in the House of Representa-
tives, and I wished to give evidence that there
was nothing personal in it. The family were in
the parlor — company present — and some of it
staid late. The youngest child, I believe James,
went to sk'ep on the sofa — a circumstance which
availed me for a purpose the next day. Mrs.
Clay wa.s, as always since the death of her daugh-
ters, the picture of desolation, but calm, conversa-
ble, and without the slightest apparent conscious-
ness of the impending event. When all were
gone, and she also had left the parlor, I did what
I came for, and said to Mr. Clay, that, notwith-
standing our late political differences, my perspnal
feelings towards him were the same as fomerly,
and that, in whatever concerned his life or honor
my best wishes were with him. Ho expressed
his gratification at the visit and the declaration,
and said it was what he would have expected of
me. We parted at midnight.

Saturday, the 8th of April — the day for the
duel — had come, and almost the hour. It was
noon, and the meeting was to take place at 4^
o'clock. I had gone to see Mr. Randolph before
the hour, and for a purpose ; and, besides, it was
so far on the way, as he lived half way to
Georgetown, and we had to pass through that
place to cross the Potomac into Virginia at the
Little Falls bridge. I had heard nothing from
him on the point of not returning the fire since
the first communication to that effect, eight days
before. I had no reason to doubt the steadiness
of his determination, but felt a desire to have
fresh assurance of it after so many days' delay,
and so near approach of the trying moment. I
knew it would not do to ask him the question —
any question which would imply a doubt of his
word. His sensitive feelings would be hurt and
annoyed at it. So I fell upon a scheme to get at
the inquiry without seeming to make it. I told
him of my visit to Sir. Clay the night before —
of the late sitting — the child asleep — the uncon-
scious tranquillity of Mrs. Clay ; and added, I
could not help reflecting how different all that
might be the next night. He understood roe

pcrlbctly, and immediately said, with a quicto^
of look and expression which seemed to rcbuu
an unworthy doubt " I thaU do nothing to du-
turb the Bleep of the child or the repoge of ti,,
mother," and went on with his employment— (b I
seconds bemg engaged m their preparations in 1 1
different room) — which was, making codicils ul
his will, all in the way of remembrance ttl
friends; the bequests slight in value, but inT;l.|
uable in tenderness of feeling and beauty of e!.[
pression. and always appropriate to the rccciT>i.l
To Mr. Macon he gave some English sliilliii«^|
to keep the game when he played whist. Hi I
namesake, John Randolph Bryan, then at fichooll
in Baltimore, and since married to his niece, hit
been sent for to see him, but sent off before tlil
hour for going out, to savo the boy from a \m\
ble shock at seeing him brought back. Hi|
wanted some gold — that coin not being then iil
circulation, and only to be obtained by favor otl
purchase — and sent his faithful man, Johnnri
to the United States Branch Bank to got a fnl
pieces, American bemg the kind asked fcrj
Johnny returned without the gold, and dclinrtil
the excuse that the bank had none. Instantljl
Mr. Randolph's clear silver-toned voice nl
heard above its natural pitch, exclaiming, " Tlitit|
name is legion ! and they are liars from the t»|
ginning. Johnny, bring me my horse."
own saddle-horse was brought him — for 1
never rode Johnny's, nor Johnny his, thoui
both, and all his hundred horses, were of i
finest English blood — and rode off to the
down Pennsylvania avenue, now Corcoran I
Riggs's — Johnny following, as always, fort
paces behind. Arrived at the bank, this ticcDt
according to my informant, took place :

" Mr. Randolph asked for the state of Iiis kJ
count, was shown it, and found to be some fog
thousand dollars in his fiivor. He asked for 1
The teller took up packages of bills, and ciTill|
asked in what sized notes he would have it
want money,' said Mr. Rtmdolph, putting
phasis on the word ; and at that time it reqtiin
a bold man to intimate that United States Bui
notes were not money. The teller, beginning t
understand him, and willing to nuuce sure,
inquiringly, 'You want silver?' 'I wanti
money ! ' was the reply. Then the teller, 111
boxes to the counter, said politely : ' Have ;
a cart, Mr. Randolph, to put it in?' 'Thtti|
my business, sir,' said ho. By that time the I
tention of the cashier (Mr. Richard Smith) i
attracted to what was going on, who came up, i
understanding the question, and its cause, tot

ANNO 1826. JOHN QUISCY ADAMi^ rK*>*Il)KNT.

kir. Rumlulph tlicro wu a roisUke in the answer
liven to his ocrvnnt ; that thcv bad gold, and he
Viil<l have what he wanted."

In fact, he had only applied for a few pieces,
kich he wanted for a Hpecial purpose. This
[ruujfht about a corapromiiie. The pieeeH of ^old
}ere received, the cart and the ailrer dispensed
[ith; but the account in bank was closed, and a
ck taken for the amount on New- York. lie
itumed and delivered rae a sealed paper, which
liras to open if he was killed— giro back to him
] he was not ; also an open slip, which I was to
I before I got to the ground. This slip was
Irequest to feci in his left breeches pocket, if he
killed, and find so many pieces of gold — I
llieve nine— take three for myself, and give the
ne number to Tatnoll and Hamilton each, to
ko seals to wear in remembrance of him. We
^re all throe at Mr. Randolph's lodgings then,
I soon sat out, Mr. Randolph and his seconds
|a carriage, I following hiin on horseback.
; have already said that the count was to bo
|ick after giving the word " fire," and for a
on wliich could not bo told to the principals.
I Mr. Bandolph, who did not mean to fire, and
0, though agreeing to be shot at, had no desire
! bit, this rapidity of counting out the time
1 quick arrival at the command " stop " pre-
Ited no objection. With Mr. Olay it was dif-
lent. With him it was all a real transaction,
I gave rise to some proposal for more deliber-
pess in counting o£f the time ; which being
pmuoicated to Col. Tatnall, and by him to
^Randolph, had an ill eficct upon his feelings,
aided by an untoward accident on the
Dd, unsettled for a moment the noble deter-
kation which he had formed not to fire at Mr.
I now give the words of Gen. Jcsup :

hVhen I repeated to Mr. Clay the ' word ' in

jmanncr in which it would bo given, he ex-

Home apprehension that, as he was not

£tomed to the use of the pistol, he might

|bc able to fire within the time, and for that
on alone desired that it might be prolonged.

Mentioned to Col. Tatnall the desire of Mr.
He replied, ' If you insist upon it, the
I roust be prolonged, but I should very much
et it.' I informed him I did not insist upon
jon^lnK tlio time, and I wos sure Mr. Olay
ud acquiesce. The original agreement was
|od ont."

knew nothing of this until it was too late to
with the seconds or principals. I bad

crossed the Little Falls bridge Just after the?n.
and come to the place wlicro the servnntx and
carriage* had stopped. I saw none of the gen-
tlemen, and supposed they hail all pone to the
spot whore the ground woh bein^ marked oil';
but on speaking to Johnny, Mr. Uamlolph, who
was still in his carria^ and heard my voice,
looked out from tlie window, and said to me :
" Colonel, since I saw 3'ou, and since I have been
in this carriage, I have heard something which
inat/ make me change my determination. Col.
Hamilton will give you a note whk;h will explain
it." Col. Hamilton was then in the carriage,
and gave me the note, in the course of the even-
ing, of which Mr. Randolph spoke. I readily
comprehended that this pos.sible change of deter-
mination related to his firing ; but the cmphoHis
with which ho pronounced the wonl "i«ay"
clearly showed that his mind was undecided, and
left it doubtf\il whether he would fire or not.
No further conversation took place between us ;
the preparations for the duel were finished ; the
parties went to their places ; and I went forward
to a piece of rising ground, from which I could
see what passed and hear what was said. The
faitliful Johnny followe<l mo close, speaking not
a word, but evincing the deepest anxiety for his
beloved master. The place was a thick forest,
and tho immediate 8])ot a little depression, or
basil, in which the parties stood. Tho principals
saluted each other courteously as they took their
stands. Col. Tatnall hod won the choice of po-
sition, which gave to Gen. Jcsup tho delivery of
tho word. They stood on a line cast and west —
a small stump just behind Mr. Clay ; a low
gravelly bank rose just behind Mr. Randolph.
This latter asked Gen. Jcsup to repeat the word
as he would give it ; and while in the act of doing
so, and Mr. Randolph adjusting the butt of his
pistol to his hand, the muzzle pointing down-
wards, and almost to the ground, it fired. In-
stantly Mr. Randolph turned to Col. Tatnall and
said: "I protested against that hair trigger."
Col. Tatnall took blame to himself fo..* having
sprung tho hair. Mr. Clay hod not then receiv-
ed his pistol. Senator Johnson, of Louisiana
( Josiah), oneof his seconds, was carrying it to him,
and still several steps from him. This untimely
fire, though clearly an accident, necessarily gave
rise to some remarks, and a species of inquiry,
which was conducted with the utmost delicacy,
t at wbKh, io itself, ^ras of a nature to be inexprca-

ANXO 182P. JOHN QUISCY ADAM^ PRKSIDENT.

\\r. RADilulph tiicro wu a roisUke in th« answer croaaed the Little FalU brid^o Just artcr thorn.
fiven to his servant ; that thev bad gold, and he j ^nd com«i to tiio place wlicrc the «irvni\t« and
otiW have what he wanted.' j c»,ri,,g«| had stopped. I saw none of the pen-

In fact, he had only applied for » few piecen,
^liich he wanted for a special purpose. This
Iruught about a ooroproiuiMe. The pieces of gold
\tK received, the cart and the silrer dtapeascd
kith ; but the account in bank was closed, and a
ck taken for the amount on Now- York. Ho
itumed and delivered rae a scaled paper, which
Ivru to open if he waa killed— giro back to him
[ he was not ; also an open slip, which I was to
1 before I got to the ground. This slip was
Irequest to feel in his loft breeches pocket, if he
killed, and find so many pieces of gold — I
^lieve nine — take three for myself, and give the
ne number to Tatnall and Hamilton each, to
ko seals to wear in remembrance of him. We
^re all three at Mr. Randolph's lodgings then.

I tlemen, and suppoHed they hod all pone to the
' spot whore the ground wax bein^ marked oil*;
but on speaking to Johnny, Mr. Uatidolph, who
waa still in his carriage and heard my voice,
looked out from the window, and faid to me :
" Colonel, since I saw you, and since I have been
in this carriage, I liavo heard something which
may make mo change my determination. Col.
Hamilton will give you a note which will explain
it" Col. Hamilton was then in the carriage,
and gave me the note, in the course of the even-
ing, of which Mr. Randolph spoke. I readily
comprehende<l that this possible change of deter-
mination related to his firing ; but the emphasis
with which ho pronounced the word "wiay"
clearly showed that his mind was undecided, and

soon sat out, Mr. Randolph and his seconds Ic^ *' donbtftil whether he would flro or not.

U carriage, I following hiui on horseback,

[ have already said that the count was to bo

|ick after giving the word "fire," and for a

on wliich could not be told to the principals.

I Mr. Randolph, who did not mean to fire, and

, though agreeing to be shot at, had no desire

! hit, this rapidity of counting out the time

1 quick arrival at the command " stop " pre-

kted no objection. With Mr. Clay it was dif-

lent< With him it was all a real transaction,

1 gave rise to some proposal for more deliber-

ness in counting off the time; which being

puoicated to Col. Tatnall, and by him to

\ Randolph, hod an ill effect upon his feelings,

aided by an untoward accident on the

und, unsettled for a moment the noble deter-

kation which he hod formed not to fire at Mr.

I now give the words of Gen. Jcsup !

pVhcn I repeated to Mr. Clay the ' word ' in
■manner in which it would bo given, he ex-
pcd some apprehension that, as he was not
stomed to the use of the pistol, he might
|bc able to fire within the time, and for that
on alone desired that it might be prolonged.
Mentioned to Col, Tatnall the desire of Mr.
He replied, ' If you insist upon it, the
\ must be prolonged, put I should very much
«t it,' I informed him I did not insist upon
ending the time, and I was sure Mr. Cflay
Rd acquiesce. The original agreement was
M out."

bow nothing of this until it was too late to
with the seconds or principals. I hod

No further conversation took place between us ;
the preparations for the duel were finished ; the
parties wont to their places ; and I went forward
to a piece of rising ground, from which I could
see what passed and hear what was said. The
faithful Johnny followe<l mo close, speaking not
a word, but evincing the deepest anxiety for his
beloved master. The place was a thick forest,
and the immediate s])ot a little depression, or
basia, in which the parties stood. Tho principals
saluted each other courteously as they took their
stands. Col. Tatnall had won tho choice of po-
sition, which gave to Gen. Jesup tho delivery of
tho word. They stood on a lino cast and west —
a small stump just behind Mr. Clay ; a low
gravelly bank roso just behind Mr. Randolph.
This latter asked Qen. Jesup to repeat tho word
08 he would give it ; and while in the act of doing
so, and Mr. Randolph adjusting tho butt of his
pistol to his hand, the muzzle pointing down-
wards, and almost to the giound, it fired. In-
stantly Mr. Randolph turned to Col. Tatnall and
said: "I protested against that hair trigger."
Col. Tatnall took blame to himself fo^* having
•prung the hair. Mr. Clay hod not then receiv-
ed his pistol. Senator Johnson, of Louisiana
( Josiah), oneof his seconds, was carrying it to him,
and still several steps from him. This untimely
fire, though clearly an accident, necessarily gave
rise to some remarks, and a species of inquiry,
wbksh was conducted with tho utmost delicacy,
I at which, in itself, ^vas of a nature to be inexpres-

THIRTY YEARS' VIEW.

8ihly painful Uj a gcntleman'H fcc1inp«. Mr. Clay
Htop|H!<l it with thu f^nei'oiiH remark that tho fire
wan clearly an accident : an<l it wa« so iinoni-
inoimly declared. Another pistol was immedi-
ately rnmiHhcd; and exchnnj!:© of shots took
place, and, happily, without effect upon tho per-
sons. Mr. Randolph's bullet struck tho stump
behind Mr. Clay, and Mr, Clay's k'lotkcd up the
earth and (gravel behind Mr. Randolph, and in a
lino with the level of his hips, both bullcta hav-
inp; gone so truo and close that it was a marvel
how they mis.scd. Tho moment had como for
mo to hitcrposc. T went in among tho parties
and offered my mediation ; but nothing could be
done. Mr. Clay said, with that wave of the
hand with which he was accustomed to put away
a trifle, " This ia chiUVa play!" and required
another fire. Mr. Randolph also demanded
another fire. The seconds were directed to re-
load. "While this was doing I prevailed on Mr.
Randolph to walk away from his post, and rc-
ncw«.d to him, more pressingly than ever, my
importunities to yield to somo accommodation ;
but I found him more determined than I had
ever seen him, and for tho first time impatient,
and seemingly annoyed and dissatisfied at what
I was doing. IIo was indeed annoyed and dis-
satisfied. The accidental fire of his pistol preyed
upon liis feelings. IIo was doubly chagrined at
it, both as a circumstance susceptible in itself of
an unfair interpretation, and as having been the
immediate and controlling cause of his firing at
Mr. Clay. IIo regretted this firo tho instant it
was over. IIo felt that it had subjected him \o
imputations from which ho know liimsclf to be
free — a desire to kill Mr. Clay, and a contempt
for tho laws of his beloved State ; and the an-
noyances which ho felt at these vexatious cir-
cumstances revived his original determination,
and decided him irrevocably to carry it out.

It was in tlus interval that ho told mo what
ho had heard since we parted, and to which he
alluded when ho spoke to mo from the window
of tho carriage. It was to this cfTcet : That ho
had been informed by Col. Tatnall that it was
pioposcd to give out tho words with more delib-
cratencss, so as to prolong the time for taking
aim. This information grated harshly upon his
feelings. It unsettled his purpose, and brought
his mind to the inquiry (as he now told me, and
as I found it expressed in the note which he had
immediately written in pencil tv apprise mo o '

his possible change), whether, under thes« r^i
ctimstanccs. he might not " disable " his a,|r,,[
sary ? This note is so charnctcristic, and ^|
an es-scntial part of tliis affair, that I her« jA
its very words, so far as relates to this poin*. J
ran thus :

" Information received from Col. Tatnall sii,
I got into the carriage may induce me to ehuA
my mind, of not returning Mr. Clay's firt.
seek not his death. I would not have his l,J
nfion my hands — it will not be upon my sdaij
shfd in self-defence — for the world. He has J
tcrminetl, by tho use of a long, preparatorv r.
tion by words, to get time to kill me. Maylii
then, disable him ? Yes, if I please."

It has boon seen, by the statement ofr^
Jesup, already given, that this " informali<n\
was a misapprehension ; that Mr. Clay hati i
applied for a prolongation of time for the pun
of getting sure aim, but only to enable his uniu
hand, long unfamiliar with the pistol, to(
within the limited time; that there was no|i
longation, in fact, either granted or insisted up
but he was in doubt, and General Jesup bin
won the word, ho was having him repeat it|
tho way he was to give it out, when his fin
touched tho hair-trigger. How unfortunate il
I did not know of this in timo to speak to (
eral Jesup, when one word from him would \
set all right, and saved the imminent risks in
red 1 This inquiry, "May I not disable him?"
still on Mr. Randolph's mind, and dependent^
its solution on the rising incidents of the moi
when the accidental fire of his ' gave^
turn to his feelings which solved . ibL I
he declared to me that he had no<, aimed itl
life of Mr. Clay ; that he did not level as hi^|
the knees — not higher than the knee-band; ■
it was no mercy tr^ .hoot a man in the km
that his only object was to disable him and^
his aim. And then added, with a beauty off
prcssion and a depth of feeling which no std
oratory can ever attain, and which I -;shall i
forget, these impressive words : " / irou/d i
have seen him fall mortally, or even dm
wounded, for aU the land that is v!ateni\
the King of Floods and all his trih
streams.'''' He left me to resume his post,utl
refusing to explain out of the Senate anTll
that he had said in it, and with the positinl
laration that ho would not return the neitf
I withdrew a little way into the woods, i
my eyes fixed on Mr. Randolph, who I tbesb

ANNO 1826. JOHX QUINCY ADAMS, TREi'IDENT.

I I

. ]^ the only one in danger. I mw him receive

L fire of Mr. Clay, saw the (p-avel knocked up

tlie same place, saw Mr. liandolph raitw ht8

jj^ml-nlischarge it in the air; heard him say, '/

I not fire at you, Mr. Clay ;^ and immediately

rivincing and ofTcring hLs hand. He was met in

L, ^anic spirit. They met half way, shook hand3,

|r. Randolph saying, jocosely, ' Vow owe me a

at. Mr. Clay — (the bullet had passed through

Le skirt of the coat, very near the hip) — to

Ihich Mr. Clay promptly and happily replied,

Jam elad the debt ia no greater? I had cone

I, and was prompt to proclaim what I had been

lliged to keep secret for eight days. The joy

{all was extreme at this happy termination of a

piit critical affair ; and we immediately left, with

kilter hearts than we brought. I stopped to

I with Mr. lUndolph and his friends — none of

vranted dinner that day — and had a charac-

tistic time of it. A runner came in from the

nk to say that they had overpaid him, by mis-

kic, $130 that day. Ho answered, ' I believe it

your rule not to correct mistakes, except at

I time, and at your counter.^ And with that

JKWcr the runner had to return. When gone,

f, Ikndolph said, ' / will pay it on Monday :

Vpk must be honest, if banks are not.^ He

ked for the boaled paper he had given me,

^ncd it, took out a check for $1,000, drawn in

favor, and with which I was request*^ to

ke him carried, if killed, to Virginia, and buried

Jder his patrimonial oaks — ^not let him be buried

I Washington, with an hundred hacks after

Ho took the gold from his left breeches

Iket, and said to us (Hamilton, Tatnall, and

'Gentlemen, Clay's bad shooting shan't rob

I of your seals. I am going to London, and

I have them made for you ;' which he did, and

bt characteristically, so far as mine was con-

ped. He went to the herald's oiBce in London

inquired for the Benton family, of which I

often told him there was none, as we only

I on that side from my grandfather in North

folina. But the name was found, and with it

bat of arms — among the quarterings a lion

Ipant. That is the family, said he ; and had

I arms engraved on the seal, the same which I

i since habitually worn ; and added the motto,

his non verbis: of which he was afterwards

ptotned to say the non shouid be changed

I tl. But enough. I run into these details,

I merely to relate an event, but to show cha-

racter ; and if I have not done it, it is not for
want of material, but of ability to use it.

On Monday the parties exchanpetl cards, and
social relations were formally and courteously re-
stored. It was about the last hiph-tone«l due)
that I have witnessed, and among the highest-
toned that I have ever witnessed, and so hnppily
conducted to a fortunate issue — a result duo to
the noble character of the seconds as well as to
the generous and heroic spirit of the principals.
Certainly duelling is bad, and has been put down,
but not quite so bad as its substitute — revolvers,
bowie-knives, blackguarding, and street-assassi-
nations under the pretext of self defence.

CHAPTER XXVII.

DEATH OF MR. GAILLARD.

He was a senator from South Carolina, and
had been continuously, from the year 1804. Ho
was five times elected to the Senate — the first
time for an unexpired term — and died in the
course of a term ; so that the years for whic|i
he had bee elected were nearly thirty. He was
nine times elected president of the Senate pro
tempore, and presided fourteen years over the de-
liberations of that body, — the deaths of two Vice-
Presidents during his time (Messrs. Clinton and
Gerry), and the much absence of another (Gov.
Tompkins), making long continued vacancies in
the President's chair, — which ho was called to fill.
So many elections, and such long continued ser-
vice, terminated at last only by death, bespeaks
an eminent fitness both for the place of Senator,
and that of presiding officer over the Senate. In
the language of Mr. Macon, ho seemed born for
that station. Urbane in his manners, amiable in
temper, scrupulously impartial, attentive to his
duties, exemplary paticLce, perfect knowledge of
the rules, quick and clear discernment, uniting
absolute firmness of purpose, with the greatest
gentleness of manners, setting young Senators
right with a delicacy and amenity, which spared
the confusion of a mistake — preserving order, not
by authority of rules, but by the graces of de-
portment: such were the qualifications which
commended him to the presidency of the Senate,

TIIIRTV TEARS' VIEW,

• a

nntl wliich facilitated the trnnsnelion of buMncM
wliiif prescrvinj? the decorum of the Ijody. There
was probably not an instance of disorder, or a
(lixapfrecablo scene in the chamber, during his
lonp; continued presidency, lie clastwd demo-
cratically in politics, but was as much the favorite
of one side of the house as of the other, and that
in the high party times of the war with Great
JJritain, whicii to much exasjierated pnrty spirit.
Mr. Uaillard was, as his name would indicate,
of Frencli descent, having issued from one of
those Huguenot families, of which the bigotry of
Louis XIV., dominated by an old woman, depriv-
ed France, for the benefit of other countries.

CHAPTEll XXVIII.

AMKXPMKNT OF THE CONSTITt'TIOX IN RELA-
TION TO THE ELECTION OF I'liESlDtNT AND
VICEI'KESIDENT.

The attempt was renewed at the session of
1825-'26 to procure an amendment to the con-
stitution, in relation to the election of the two
first magistrates of the republic, so as to do away
with all intermediate agencies, and give the elec-
tion to the direct vote of the people. Several
flpccific projiositions were offered in the Senate
to that effect, and all substituted by a general
proposition submitted by Mr. Macon — " that a
select committee be appointed to report upon the
best and most practicable mode of electing the
President and Vice-President :" and, on the mo-
tion of Mr. Van Buren, the number of the com-
mittee was raised to nine — instead of five — the
usual number. The members of it were ap-
pointed by Mr. Calhoun, the Vice-President, and
were carefully selected, both geographically as
coming from different sections of the Union, and
personally and politically as being friendly to
the object and known to the country. They
were : Mr. Benton, chairman, Mr. Macon, Mr.
Van Buren, Mr. Hugh L. White of Tennessee,
Mr. Findlay of Pennsylvania, Mr. Dickerson of
New Jersey, Mr. Holmes of Maine, Mr. Hayne
of South Carolina, and Col. Richard M. Johnson
of Kentucky. The committee agreed upon a
proposition of amendment, dispensing with elec-
tors, providing for districts in which the direct

vote of the people wa« to be taken ; and ohtj I
ting all excuse for caucnses and conventions,!
concentrate public opinion by proposing a ftttoitj I
election between the two highest in the cymA
no one receiving a majority of the whole nnmV
of district votes in the first election. The pin
reported was in these words :

" That, hereafter the President and Vicc-Pra,!
ident of the United States shall bo chosen byij
People of the respective States, in the mini),
following : Each State shall be divided br t
legislature thereof, into districts, equal in nia
ber to the whole number of senators and ntn
sentativcs, to which such Slate may be entitle
in the Congress of the United States ; the s^
districts to be composed of contiguous territotrl
and to contain, as nearly as may be, an eqij
number of persons^ entitled to be rcprescnte
under the constitution, and to be laid off for ij
first time, immediately idTter the ratification i
this amendment, and afterwards at the ge^
of the legislature next ensuing the appointnn
of representatives, by the Congress of the Unit,
States; or oftener, if deemed necessary byil
State ; but no alteration, after the first, on
each decennial formation of districts, shall
effect, at the next ensuing election, after i
alteration is made. That, on the first Thum
and succeeding Friday, in the month of Au^
of the year one thousand eight hundred '^i™
twenty-eight, and on the same days in evd
fourth year thereafter, the citizens of each Stj
who possess the qualifications requisite for ela
tors of the most numerous branch of the Su
Legislature, shall meet within their respccij
districts, and vote for a President and Vk
President of thn United States, one of whoaj
least, shall not be an inhabitant of the st|
State with himself: and the person receivingil
greatest number of votes for President, and tl
one receiving the greatest number of votes!,
^ice-President in each district shall be holdej]
have received one vote : which fact shall be i
mediately certified to the Governor of the Sti
to each of the senators in Oongress from i
State, and to the President of the Senate,
right of affixing the places in the districtsj
which the elections shall beTield, the mannerj
holding the some, and of canvassing' the v*
and certifying the returns, is reserved, m
sively, to t?* legislatures of the States.
Congress of the United States shall be in st„
■on the second Monday of October, in theycai
thousand eight hundred and twenty-eight, anill
the same day in every fourth year thereafter: a
the President of the Senate, in the presence 1
the Senate and House of Representatives, si
open all the certificates, and the votes shall t
be counted. The person having the grel
number of votes for President, i£all be Pn,
dent, if such number be equal to a majoriijl
the whole number of votes given j but if noji

ANNn IHJ.V JOHN QUINi Y ADAMS. run^IDKNT.

|«nn hi«T« ''"•^'' majority, tlicn % second election

Lhall Ih> lifM, on the first Thursday and 8uc-

roixlinp Friilay. in the month of DccemlKT, then

nixt ensiling, between the persons havinii; the

^tto hij?he8t numbers, for the office of Presider t :

vhich Si'cond election shall b« condiicte*!, the

«su!t certified, and the votes counte<l, in the

„nc manner as in the first ; and the person hav-

Zr the p-catest number of votes for President,

Ljll be Hie President. But, if two or more per-

^nsfthnll have received the greatest and equal

Limber of votes, at the second election, the

House of Representatives shall choose one of

hem for President, as is now prescribed by the

constitution. The person having the greatest

Limber of votes for Vice-President, at the first

Uection, shall be the Vice-President, if such

lumber be equal to a majority of the whole

[umber of votes given, and, if no person have

kich majority, then a second election shall take

Utce, between the persons having the two highest

lumbers, on the same day that the second elec-

)n is held for President, and the person having

le highest number of votes for Vice-President,

mil be the Vice-President. But if two or more

irsons shall have received the greatest number

rotes in the second election^ then the Senate

tall choose one of them for Vice-President, as is

n- provided in the constitution. But, when a

cond election shall be necessary, in the case

F Vice-President, and not necessary in the case

r President, then the Senate shall choose a Vico-

«idcnt, from the persons having the two

ghest numbers in the first election, as is now

icribcd in the constitution.'"

I The prominent features of this plan of election

1. The abolition of electors, and the direct

(te of the people; 2. A second election between

! tiro hij^hest on each list, when no one has a

kjority of the whole; 3. Uniformity in the

de of election. — The advantages of this plan

buld be to get rid of all the machinery by

jiich the selection of their two first magistrates

inow taken out of the hands of the people, and

brped by self-constituted, illegal, and irrespon-

lle bodies, — and place it in the only safe, prop-

1 and disinterested hands — those of the people

fcmselves. If adopted, there would be no pre-

t for caucuses or conventions, and no resort to

bHouse of Representatives, — where the largest

p is balanced by tho smallest. If any one

leived a majority of the whole number of dis-

p in the first election, then the democratic

bciple-the demos hrateo — the majority to

lem— is satisfied. If no one receives such

Jjority, then the first election stands for a

lular nomination of the two highest — a nomi-

ion by the people themselves — out of which

two the cluctbn is sure to be made on tho we-
ond trial. But to prorido for a possible rontin-
gency — too improbable almost e-er to o<T)ir —
and to save in that caso the trouble of a third
popular election, a resort to the House of Roi>-
rcsentatives is allowed ; it being nntinnnlhj un-
important which is elected where the- candidntos
were exactly equal in the public estimation.-—
Such was tho plan the committee reported ; and
it is tho perfect plan of a popular election, and
has the advantage of being applicable to all elec-
tions, federal ani State, from the highest to the
lowest. The machinery of its operation is easy
and simple, and it is recommended by every con-
sideration of public good, which requires the aban-
donment of a defective system, which has failed —
the overthrow of usurping bodies, which have
seized upon the elections — and the preservation to
the people of the business of selecting, as well a.s
electing, their own high officers. Tho plan was
unanimously recommended by the whole com-
mittee, composed as it was of experienced men
taken from every section of the Union. But it
did not receive the requisite support of two-
thirds of the Senate to carry it through that
body ; and a similar plan proposed in the House
of Representatives received the same fate there
— reported by a committee, and unsustained by
two-thirds of the House : and such, there is too
much reason to apprehend, may be the fate of
future similar propositions, originating in Con-
gress, without the powerfid impulsion of the peo-
ple to urge them through. Select bodies are not
the places for popular reforms. These reforms
are for tho benefit of the people, and should be-
gin with tho people ; and the constitution itself,
sensible of that necessity in this very case, has
very wisely made provision for the popular initi-
ative of constitutional amendments. Tho fifth
artic.e of that instrument gives the power of be-
ginning the reform of itself to the States, in their
legislatures, as well as to the federal government
in its Congress: and there is the place to
begin, and before the people themselves in
their elections to the general assembly. And
there should be no despair on account of the fail-
ures already suffered. No great refonn is carried
suddenly. It requires years of persevering exer-
tion to produce the unanimity of opinion which
is necessary to a great popular reformation: buf;
because it is difficult, it is not impossible. The
greatest reform ever effected by peaceful means

TIIIRTV YEAllS' VIEW

in the hJHtory of any government was that of the
|inrlianiuntnry reform of Great liritain, by which
the rotten boroughs were disfrancliiscd, populous
towns admitted to representation, tho elective
franchise extended, tho House of Commons puri-
fied, ond made the predominant branch — tho
master branch of tiio British government. And
iiow was tiiat great reform effected ? By a few
desultory exertions in the parliament itself? No,
but by forty years of continued exertion, and by
incessant appeals to tho people themselves. The
society for parliamentary reform, founded in
1792, by Earl Grey and Major Cartwright, suc-
ceeded in its efforts in 1832; and in their success
thero is matter for encouragement, as in their
conduct thero is an example for imitation. They
carried the question to the people, and kept it there
forty years, and saw it triumph — tho two patriotic
founders of tho society living to see the consum-
mation of their labors, and tho country in the
enjoyment of the inestimable advantage of a
'• Reformed Parliament."

CIIAPTEIl XXIX.

EEDUCTION OF EXECUTIVE PATRONAGE.

In the session 1825-'2G, Mr. Macon moved that
tho select committee, to which had been com-
mitted the consideration of tho propositions for
amending the constitution in relation to the elec-
tion of President and Vice-President, should also
be charged with an inquiry into the expediency
of reducing Executive patronage, in cases in
which it could be done by law consistently with
the constitution, and without impairing the effi-
ciency of the government. The motion was adopt-
ed, and the committee (Messrs. Benton, Macon,
Van Buren, AVhite of Tennessee, Findlay of Penn-
sylvania, Dickerson, Holmes, IlajTie, and John-
son of Kentucky) made a report, accompanied
by six bills ; which report and bills, though not
acted upon at the time, may still have their use
in showing the democratic principles, on practical
points of that day (when some of the fathers of
tlie democratic church were still among us) ; —
and in recalling the administration of the govern-
ment, to the simplicity and economy of its early

days. The six bills reported wore. 1. Tort. I
gulato the publication of tho laws of the UiijIki
States, and of the public advertisements. 2. To I
secure in ofHco the faithf\il collectors and disburv |
ersof the revenue, and to displace defaulters.
To regulate tho appointment of postmasters, \ I
To regulate the appointment of cadets. 5, f, I
regulato the appointment of midshipmen. G, To I
prevent military and naval oilicers from Icii^l
dismissed the service at the pleasure of tlie P|^l
sident. — In favor of the general principle, mujI
objects of all the bills, the report accompanjiu >[
them, said:

"Incoming to the conclusion thit ExcciitiTil
patronage ought to bo diminished and regulatril
on the plan proposed, the committee rest thtirl
opinion on the ground that the exercise of p^A
patronage in the hands of one man, has a tonsUml
tendency to sully tho purity of our institutioml
and to endanger the liberties of the country. ThJ
doctrine is not new. A jealousy of power, injl
of the influence of patronage, which must alwinl
accompany its exercise, has ever been a distjij
guished feature in tho American character. M
displayed itself strongly at the period of thcfc
mation, and of tho adoption, of the federal i..
stitution. At that time the feebleness of tlic oiJI
confederation had excited a much greater dn
of anarchy than of power — 'of anarchy an
tho members than of power in the head '-_
although the impression was nearly univeri
that a government of more energetic characli
had become indispensably necessary, yet, en,
under the influence of this conviction — such m
the dread of power and patronage— that m
States, with extreme reluctance, yielded thj
a.ssent to the establishment of the federal
emment. Nor w^as this the eftoct of idlel
visionary fears, on the part of an ignorant mulj
tude, without knowledge of the nature and tg
dency of power. On the contrary, ic result|
from the most extensive and profound politi
knowledge,— from the heads of statesmen, uns
passed, in any age, in sagacity and patriotia
Nothing could reconcile the great menofti
day to a constitution of so much jiower, but tl
guards which were put upon it against the abpij
of power. Dread and jerflousy of this kbuse i
played itself throughout the instrument TotI
spirit we are indebted for the freedom of{
press, trial by jury, liberty of conscience, fre
of debate, res{ionsibility to constitu- nts, pon
of impeachment, the control of the Senate d
appointments to office ; and many other pni
sions of a like character. But the committceo
not imagine that the jealous foresinht of the t
great as it was, or that any human sagi
could have foreseen, and placed a competent j
upon, every possible avenue to the abuse J
power. The nature of a constitutional act i
eludes tho possibility of combining minute p

ANNO 182ft. JOHN QUINCY ADAMS. I'UESIDENT.

1. TotM
10 Unite
s. 2. To I
(I (lisburv I
niters,
listen. 4, 1
is. 5. tJ
en. G. Til
rrora Icii:;!
>f the Pn-j
nciplc, rtill
:on]pan;iii:l

it resulli
C)und polil
|e.smcn,
(id patriot]
men of
Bwcr, but
hnRt tlie abi
Ibis ^buse
nent. To
leedom of
|ience, ft
Jtu- nts,
\e Senate
other pi
lommittee
lit of the
nan saj
upetcnt
Ithe abu«
iional act
minute

fiction with pt-niTal oxccllcnce. After tlio exer-
tion of M |)08.siblo vigilanco, NomotliinR of what
uuzht to have been done, ha.s lx>cn omitted ; and
much ofwliat lias been attempted, has been found
insutficicnt and unavailing in practice. Much re-
mains for us to do, and much will still remain for
I iKWterity to do — for those unborn gencration.s to
I'io. on whom will devolro the sacred task of
Unarding the temple of the constitution, and of
Ikwp'nR a'''® ^^^ vestal flame of liberty.
I >• The committee Ijoliovo that they will be not-
[ing in the spirit of the constitution, in laboring |
|t() multi|ily the guards, and to strengthen the
llurricrs. against the possible abuse of power. I i
coniniimity could bo imagined in which the
BaffU should execute themselves — in which the
Offer of government should consist in the enact-
^lent of laws — in such a state the machine of
ovcrnmcnt would carry on its operations with-
Eiit jar or friction. Parties would be unknown.
Ld the movements of the political machine would
Lt little more disturb the passions of men, than
liey arc di.sturbed by the operations of the great
liws of the material world. But this is not the
The scene shifts from this imaginary re-
on, where laws execute themselves, to the thea-
of real life, wherein they are executed by civil
1(1 military officers, by armies and navies, by
urts of justice, by the collection and disburse-
B^ent of revenue, with all its train of salaries,
lbs, and contracts ; and in this aspect of the re-
lity, we behold the working of patronaor, and
[scover the reason why so many stand rea<ly, in
iv country, and in all ages, to tlock to the stand-
5of powKR, wheresoever, and by whomsoever,
may be raised.
The patronage of the federal government at
beginning, was founded upon a revenue of
omillions of dollars. It is now operating upon
rcDty-two millions; and, within the lifetime of
,ny now living, must operate upon fifty. The
lOle revenue must, in o few years, bo wholly
ilicable to subjects of patronage. At present
mt one half, say ten millions of it, are appro-
ited to the principal and interest of the public
it, which, from the nature of the object, in-
Ires but little patronage. Tn the course of a
years, this debt, without great mismanage-
t, must be paid off. A short period of peace,
a faithful application of the sinking fund,
t speedily accomplish that most desirable ol>
Unless the revenue be then reduced, a work
IdifOcult in republics as in monarchies, the
nage of the federal government, great as it
idy is. must, in the lapse of a few years, re-
[e a vast accession of strength. The revenue
If will be doubled, and instead of one half
ig applicable to objects of patronage, the
lie will take that direction. Thus, the reduc-
of the public debt, and the increase of reve-
will multiply in a four-fold degree the num-
|of persons in the service of the federal gov-
ent, the quantity of public money in their
and the number of objects to which it is
icable; but as each person employed will

V-OL I.— 6

have a circle of greater or less dinmctcr. of which
ho is the ci-ntix- and the soul — a circle composed
of friends and relations, and of individuals em-
ployed by hiniself on jmblic or on private account
— the actual increase of federal jHJwer an<l patron-
age by the <!uplicutioii of the revenue, will be.
nut in the arithmetical ratio, but in geometrical
progression — nn increase almost beyond the pow-
er of the mind to calculate or to comprehend.''

This was written twenty-five years ago. It.i
anticipations of increased revenue and patronage
are more than realized. Instead of fifty millions
of annual revenue during the lifetime of persons
then living, and then deemed a visionary specu-
lation, I saw it rise to sixty millions before I
ceased to be a senator ; and saw all the objects
of patronage expanding and multiplying in the
same degree, extending the circle of its influence,
and, in many cases, reversing the end of its crea-
tion. Government was instituted for the protec-
tion of individuaLs — not for their support. Office
was to be given upon qualifications to fill it — not
ujwn the personal wants of the recipient. Proper
persons were to be .sought out and appointed—
(by the Piesident in the higher appointments,
and by the heads of the different brandies of
service in the lower ones) ; and importunate
suppliants were not to beg themselves into an
office which belonged to the public, and was only
to be administered for the public good. Such
was the theory of the government. Practice has
reversed it Now office is sought for support)
and for the repair of dilapidated fortunes ; appli-
cants obtrude themselves, and prefer " claims" to
office. Their personal condition and party ser-
vices, not qualification, are made the basis of the
demand: and the crowds which congregate at
Washington, at the change of an administration,
sup" 'icants for office, are humiliating to behold,
anu threaten to change the contests of parties
fiom a contest for piinciple into a struggle for
plunder.

The bills which were reported were intended
to control, and regulate different branches of
the public service, and to limit some exercises
of executive power. 1. The publication of the
government advertisements had been found to be
subject to great abuse — large advertisements, and
for long periods, having been often found to be
given to papers of little circulation, rnd sometimes
of no circulation at all, in places where the adver-
tisement was to operate — the only effect of that
favor being to conciliate the support of the paper,

THIRTY YEARS' VIF.W.

or to Mi.-tftin nn efficient one. For remwly, the
bill for that piiriKiso provifUvl for the Rclcction,
ond the limitation of the nunilKTH, of the news-
pnpcrH which were to piihlish the federal lawH
and advertisements, and for the perimlical rc|iort
of '.neir names to Conjjrcss. 2. The four years'
'imitation law was found to operate contrary to
its intent, nn<l to have become the facile means
of getting rid of faithful disbursing officers, in-
stead of retaining them. The object of the law
was to pass the disbursing officers every four
years under the supervision of the appointing
power, for the inspection of their accounts, in
order that defaulters might be detecte<l and drop-
ped, while the faithful shouhl bo ascertained and
coniinued. Instead of this wholesome discrimina-
tion, the expiration of the four years' term came
to be considered as the termination and vacation
of all the offices on which it fell, and the crca-
tion of vacancies to be fdled by new appointments
at the option of the President. The bill to re-
medy this evil gave legal effect to the original
intention of the law by confining the vacation of
office to actual defaulters. The power of the
President to dismiss civil officers was not attempt-
ed to be curtailed, but tho restraints of respon-
sibility were placed upon its exercise by requiring
the cause of dismission to bo communicated to
Congress in each case. Tho section of tho bill to
that effect was in these words : " Tliat in all
nominations made by the Presuknt to the
Senate, to Jill vacancies occasioned by an exer-
cise of the President's power to remove from,
office, thefact of the removal shall be slated to
the Senate at the same time that the nomination
is made, with a statement of the reasons for which
such officer may have been removed." This was
intended to operate as a restraint upon removals
without cause, and to make legal and general
what the Senate itself, and the members of tho
committee individually, had constantly refused
to do in isolated cases. It was the recognition
of a principle essential to tho proper exorcise of
the appointing power, and entirely consonant to
Mr. Jefferson's idea of removals ; but never ad-
mitted by any administration, nor enforced by
the Senate against any one — always waiting the
legal enactment Tho opinion of nine such
senators as composed the committee who pro-
posed to legalize this principle, all of them demo-
jcratic, and most of them aged and experienced,
should stand for a persuasive reason why this

' principle nlioiild Ixi logalizod. .1. Tho B|i|»,i;|,.
mcnt of military cadets was distributed airor-l.
ing to tho Congressional rfpresfnlalion, »r.,i
which has l»ccn ailnpted in practice, and jhtIum
Ijecojno tho patronage of tho member from i
district instead of the President. 5. ThoKliyiio)
of midshipmen was placed on tho same footin»
and has been followed by tho same practicol con*
qucnce. 0. To secure tho indeiK-ndeiiru of |t.
army and nrvy officers, tho bill proi)os<d to-k,
what never has l»ccn done by law,— define ib
tenure by which they held their conimi.s>ion.J
and substitute "good behavior" for thoclm^l
which now runs " during tho pleasure of tfc.
President. " Tho clause in tho existing com- 1
mission was copied from those then in use, d~
rived from tho British government; nn.1, J
making army and navy officers subject to di* I
mission at tho will of tho Prcmdcnt, departs f™|
tho principle of our republican institutions, »i>if
lessens tho independence of tho officers.

CHAPTER XXX.

EXCLUSION OF MEMBERS OF COXOREfS F&OI
CIVIL OFFICE AITOINTMENTS.

An inquiry into the expediency of amend
tho constitution so as to prevent the appointi
of any member of Congress to any federal oJ
of trust or profit, during the period for wliiciil
was elected, was moved at the session 1825-3
by Mr. Senator Thomas W. Cobb, of Gcorjal
and his motion was committed to the consid
ation of the same select committee to which I
been referred the inquiries into the exj
of reducing executive patronage, and amend
the constitution in relation to the election
President and Vice-President. The motion i
submitted only applied to the term for which i
senator or representative was elected— oii
carried the exclusion to the end of his const
tional term ; but the committee were of opin
that such appointments were injurious to the i
dependence of Congress and to the puritj
legislation ; and believed that the limitation
the eligibility of members should be more comp
honsive than the one proposed, and should exit

to tho Prcoidcnt'fi i

Nnc*! M well a«

(he possibility for*

' nifnt fn.in tho Pro*

Imt a iul>8ervionl

ilinvfi'd their chnii

I nTfonlingly. This

miwle, chielly founder

frtloml convention v

I «nil tho proceedings

J jitntcs which adopts

I cxrlu.<iiun of membcn

j ippointmcnts vrnn tu.

I Tintion on a full yot(

p'licc of some roembe

Is) as to leave an ina

Jclause in tho constitui

Iniody which had been

Isliowed that conventi(

TinJsomo of the earl

jto obtain amendments

Irll' monibers of Congr«

lotronage. Some cxt

lire (riven to show tho

kf tho constitution (

Thus :

• That, having had re(
fiinos m which tho con-
ommittce find that the
tlicm, had engaged
wloral convention whic
nd of several of the
pitiOed it.

•In an early stage of
Jivcntjon, it was resol
• Article 6, section 9
louse (of Congress) sha
Ipablc of holding, anv
rthe United States, dui
lej shall respectively bi
p of the Senate shall
Ipable of holding any s
lienvards. '

rit further appears fi

liuse, in tho first draft .

fcpted with great una

pws, m the concluding
> altered, and its inter
Inty of a single vote, in
■ehtatesby whichit h

"following the constit
ntions which ratified it
f Vl "'® ^^ew-York co:
pJed, as follows :
■■'That no senator „
Ifing the time for whi
^omted to any office
■ United States.

!•(

ANNO isirt. J«>nN gLINcY AI>AM"*. ria>II>r.ST.

to the PrcftlilcntV term iin<l<T whom the mcmJicr

^.pi^.! n-t well «■< to liirt own — (to BH to flit otr

(j^, possibility for a mcmlior to n«<fivc «n n|)iH)int-

ini'nt fniii tho Prcftidi'iit to whom he miitht have

Iinl » Hiilmervicnt vote: ami tho committee

ilirw'tcd their chairman (Mr. licnton) to report

mxs)nlinuly. This was done ; and a report was

I nuvlc.cliieHy foHnde<l mmn tho procowlinRS of tho

te<kn\ convention which framed the constitution,

anil tho proceedings of the conventions of tlic

jlatcs which adopted it — showing that tho total

exclusion of members of Congress from all fo<leraI

I ipiwintmcnts was actually adopted in tho con-

Ivtntion on a full vote, and struck out in tlio ab-

I ^nicc of some racm>jcrs ; and aftcrwanls modifle<l

Ivo as to leave an inadequate, and easily evaded

Iclausc in tho constitution in place of tho full rc-

Iniwly which had been at first provide*!. It also

Khowcd that conventions of several of the States,

kind some of tho earlier Conpresscs, endeavored

Ito obtain amendments to tho constitution to cut

df moinbcrs of Congress entirely from ex'«utive

patronage. Some extracts from that report arc

nTC pivcn to show the sense of tho early friends

[if tho constitution on this important point.

Ihus :

"That, having had recourse to the history of tho
limes in which the constitution was formed, the
»mmittce find that tho proposition now referred
them, had engaged tho deliberations of tho
t<loral convention which framed tho constitution,
nd of several of the State conventions which
Iktiflcd it.

" In an early stage of tho session of tho federal
nvention, it was resolved, as follows :
j "'Article 6, section 9. The members of each
louse (of Congress) shall be ineligible to, and in-
ipable of holding, anv office under the authority
J the United States, during tho time for which
ley shall respectively bo elected ; and the mem-
Eis of tho Senate shall be ineligible to, and in-
Ipablc of holding any such office for one year
llenvards. '

I '■ It further appears from the journal, that this

Kuse, in the first draft of the constitution, was

opted with great unanimity ; and that after-

krds, in the concluding days of the session, it

p altered, and its intention defeated, by a ma-

|rity of a single vote, in the absence of one of

; States by which it had been supported.

•Following the constitution into the State con-

ntions which ratified it, and the committee find,

Jat. in the New- York convention, it was rccom-

pded, as follows :

That no senator or representative shall,
iring the time for which he was elected, be
ointed to any office under the authority of
! United States.

" Hy the Virffinia convention, bm follow* ;

'• ■ That the iiu'IiiUts nl' ili.- S«'nnto uml lioii..c
of lli'|ir('>i('ntntiv<'i shall U- iiicliiriMe to. and in-
••n|i«ldi' III' liojilin'^. any civil olMce uiiiLt tl.e
aiilli'iiity "f the I iiitfd Stiiti-n. dmiiti; iliv Icmi
for whii'h thi-y shiill ri>|iiM'iivi'ly Ik> ckrtfd.'

'• Hv the Norlii (-'aroliiiu ennvi'iition, the Knnit'
amenilment wa.s recoiiniieiiiled, in tliu suiiie
word.'*.

■• In tho first session of the first Congn-ss. wliicli
was held iiihUt tli('c«)nstitutiiin. a mi'iiiber of th*;
Huiiso of lleprescDtatives sulmiitted a siiiiilur
pro|io.Hition of ninendinent ; and. in tho third
Hi-ssion of the eleventh CoiigR'ss, .liiiiieH Mndi.sun
being President, a like pmimsitioii was ntuwn
submitted, and iR-ing refeireil to a ronunittee vf
tho House, was ru[)orted by them in tho following
words :

'■ • No senator or representative shall be ni>-
jiointed to any civil otHee, place, or emoliinient,
under the niithority of tho I'nited States, nntill
tho expiration of the presidential term in which
such iKTHon shall have served as a senator or
representative.'

" Upon tho question to adopt this resolution, tho
vote stood 71 yeas, 40 nays, — wanting but tlireo
votes of the constitutional number for referring
it to tho decision of tho States.

" Having thus shown, by a reference to tlio
venerable evidence of our early hi.story. that tlio
principle of tho amendment now under consider-
ation, has had the support and approbation of the
first friends of the constitution, the coinmitteo
will now declare their own opinion in favor of its
correctness, and expresses its belief that the idl-
ing principle in tho organization of the federal
government demands its adoption."

It is thus se«n that in the formation of tho
constitution, and in the early ages of our govern-
ment, there was great jealousy on this head —
great fear of tampering between the President
and tho members — and great effort.s made to
keep each independent of tho other. For the
safety of the PresidjAt, and that Congress should
not have him in their power, hu was niado inde-
pendent of them in point of salary. I3y a con-
stitutional provision his compensation was neither
to be diminished nor increased during tho term
for which ho was elected ; — not diminished, lest
Congress should starve him into acquiescence
in their views ; — not increased, lest Congress
should seduce him by tempting his cupidity with
an augmented compensation. That provision
secured tho independence of the President ; but
the independence of tho two Houses was still to
be provided for ; and that was imperfectly effect-
ed by two "provisions — the first, prohibiting office
holders under tho federal government from tak-
, ing u seat in either House ; the second, by pr»

TllIllTV VEAltV VIEW.

liiliiiiiiK tli'ir a|i|Miiiitiiii-iit In iiiiy rivit olllor tlint
iihkIiI liavi' Ut'ii i-rcntv'l. or its I'liioliiiiii'iiU iii-
rn'n«.<<l. iliiriiijf the trriii f«r which Itv hliouM
liuvc Ixi'ii cIccIimI. Tlii.M! pnivisioiis witi' ilirniol
hy Ihi' HUthors of thu fctlcralint (No. r).')) Miidl-
cii'fit to pndcrt thu iii'li'|icii(Ii'ii<'o of CoiKfrusH, nml
woiilil have iK't-n, if still ohsorvpil in their npirit,
us wfll nn ill thi ir liltir, an wan iloiio hy the
cttihtT rr(iii(h'iit.>*. A very Hlronx instaitfo of
this oliscrvancc svns (ho rasi> of Mr. .McxaniliT
Sinytlic, of VirKiiiiii, <]iirin); tho ailiiiiiiistration
of I*rcsii|i>nt Monroe. Mr. .Sinytho had been a
iiii'inhvr of tho IIoiiMt of UepR'nentatives, and in
that capacity had voted for the estubhNhment ofa
jiidieirtl (hstrict in Western Virpnia, and by wliich
the otiico ofjiidge wa.s created. His term of service
liad expired: he was proposed for tho jnd(jeshi|>:
tiie letter of tho constitution ix-rniitted tho op-
[lointnicnt: hut its spirit did not. Mr. Sniythe
was entirely fit for the place, and Mr. Monroe
entirely willing to bestow it upon him. Ihit ho
looked to tho spirit of thu act, and tho mischief
it was intended to prevent, o.s well as to its let-
ter ; anil could hoc no dilFcn-nco between bestow-
im tho appointment tho day after, or the day
het'ore, tho expiration of Mr. Smythc's term of
service: and ho refused to niaku the appointment.
This was protecting tho purity of legislation ac-
cording to tho mtont of tho constitution ; but it
has not always been so. A glaring case to the
contrary occurred in tho jKTson of Mr. Thomas
Uutler King,imdcr the presidency of Mr. Fillmore.
Mr. King was elected a member of Congiess for
the term at which tho ofHco of collector of the
customs at San Francisco had been created, and
had resigned his place : but tho resignation could
not work an evasion of the constitution, nor af-
fect the principle of its provision. IIo had been
appointed in the recess of Congress, and sent to
take the place before his two years had expired
— and did take it ; and that was against tho words
of the constitution. Ilis nomination was not
sent in until his term expired — the day afler it
expired — having been held back during the regu-
lar session; and was confirmed by the Senate.
I had then ceosed to be a member of the Senate,
and know not whether any question was raised on
the nomination ; but if I had been, there should
have been a question.

But tho constitutional limitation upon tho ap-
pointment of members of Congress, even when
executed beyond its letter and according to its

opirit, nn done by Mr. Monroe, ii but a r, ;,

Nuiall n-Ntraiiit u|>i)n their npixjiutmunt, only i

plying to the few comck of new otTloeN rreatMJ. ,^

of roiii|ionsation increased, during thu Iteriod^f

their memU'rt<hip. Tho wliule claM of rvpii,

vocnncieM remain o|ien! All tho vocancies mIuti,

the I'n'sident plcni«eH to cnate, l>y nn cxerrim,„f

the removing |iowcr, ore opened ! and letwi.

these two xourcvs of supply, tho fund is aiiii,,

for as largo a commcrco l>etwcen memliirs n,,

tho President — In-'twcen subservient votes on (n,

hide, and executive appointments on the utlur^ I

as any President, or any set of menil)erx, niii,-!)!

choosy to carry on. And hero is to bonoUdJ

wide departure from the theory of tho govin.

mcnt <m this i)oint, and how dilPerently it 1,^

workml from what its early friends and udvuoti,

ex|K'Ctetl. I limit myself now to Haniiltoii

Madison and Jay ; and it is no narrow lum

which includes three such men. Their naiMil

would have lived for ever in American histor-

among those of tho wise and able founders of m,.!

government, without the crowning work of t|,e

'•Essays" in behalf of the constitution wfcl

have been embodied under the name of ''FtDii.r

amst" — ond which made that name so rcsfw.l

able before porty assumed it. Tho defects of iIkI

constitution wcro not liiddcn from them in iIdI

depths of the admiration which they felt foriJ

perfections ; and these defects were noted, anJ vl

far as possible excused, in a work devoted to i J

just advocation. This point (of dangerous ccia.1

merce between tho executive and the legislatinl

body) was obliged to bo noticed — forced upotl

their notice by the jealous attacks of the " AmJ

Federalists" — as tho opponents of the constitu

tion were called : and in the number 55 of thtii

work, they excused, and diminished, this dcfed

in these terms:

" Sometimes wo are told, that this fimd of ml
ruption (Executive appointments) is to leBJ
hausted by the President in subduing the virtaj
of tho Senate. Now, the fidelity of the oiti
House is to bo tho victim. ThoimprobabilityK
such a mcrcenory and perfidious conibiD8tion<|
the several mem hers of the government, sttiJ
ing on as different foundations as republican prii
ciples will well admit, and at the same timei
countable to tho society over which theyi
placed, ought olcne to quiet this apprchcnsiJ
But, fortunately, the constitution has protiili)
a still further safeguard. Tho members of il
Congress are rendered ineligible to any
offices that may be created, or of whicii

AXXO IMM. JdllN (jriNCV ADAMS, I'Ur^IIiKNT.

^^.■i

Jx' ('i|iiiilly ncii'-Nary lo liin ilixnibuiHin fn'in
oIliiT. Iliit tliJM iiiiHlrtirtioi) WIIJ4 nvrrniicl I'V
the Hrht ConirnhB wIihIi ml «i»<l«r the i"<..i imi-
tinii. 'Iho |x>wi'r of iliMiii-i.-inn fn)iii otilcr hiw
aliatiiliiniMl to tliu l>n-Hiiit nioiio ; aixl, witli lli«

(tiiiiliimcnU nwy Im- iiMTPJiMMl. ilnrinu eho term offlrrr. w> tho rnnwnt of the »*mP hni\y irnu!.|
,f iln'ir flwtion. No "llitfK, llii-nliiri', onn Iki

tctllOIlt to tllV CXINtln^ IDfllllMTM, Illlt HIII'll AM

ninv Iktoiiio vocant liy untiiuinj ciitiiiillifit ;

Dllii til KII|I|H»W thnt tllCM> Mould \H' Mltlil'lfllt to

|)iirclia''«' thit KunriliaiiM of tli<> [ivoiilc, hdcfti'il dy
ilii- |)C(i|ile thi-nitk'lveM, iri t«) ri'iioimce i-vory ruli>

.•,U„tuto nn iiichMTiininalo u...l ui.lH.umlo.l '""'l""*'""" "f tl'"« I'r.ro^,.t.vo. the i-.w.t nml
;aloii.Hy, with whicli all n!tt>oninK iiiumI be vain." |>»troimfn' of (he pnKi.U'iitial olllw wan iiistmiily

I incrunst'd to an iiitli'tlniti- rxti'nt ; ami tho nrj:M-
.siicli was thi'ir dofonr*— tbo l)OHt wliidi Ihcir mi'Ht of tlii« Fi'diTaii.st ajriiiiiNt tlu' raparity of tho
pial iiliiliticd, nml ardent zi-al, ami |mlriotie do- I'rfxidfiit to corriii.t iiu nilKr^ of (.'onjrri'-M,
\.)tion, toiild fiM7ii»ili. Thoy toiiltl not deny the founded on the xniiiil number of plaecx \vliiose, woh tolully ovi r-
I with a brilliant declamation tho little thnt re- throw n. This is what has Urn done by etm-
iiiaincd, was their rcNource. And, certainly if stniclion. Now for tho elfects of leuisintion:
iho workinj; of tho povcrnment had been accord- anil without jtoin^ into nn enumeration of sta-
ll. jr to their mipposition, their defence would have ! tiites so widely extendinR and incrcnHinj? cxicii-
llcrn good. I have taken tho liberty to mark in • tlvo patrona^'o in tho niultipliention of ollici <<,
li'nlic!i tl'o ruling words contained in the quota- 1 jobs, contracts, afjencios, retniners, and seiiuitnr-*
Itiin which I have made from their works — of all sorts, holding ut the will of tho I'resid'Ut,
•onHnary caauatticg." And what were they ? it is enough to point to a sinji^lc act — th»i four

IdiiitliB, resignations, removals upon impcach-

Iracnt, and dismissions by tho President and Sc-

Itate. This, in fact, would constitute n very

knmll amount of vacancies during tho presidential

:tnn ; and as new offices, and those of increased

kjinpcnsation, were excluded, tho answer was

[indoubtedly good, and oven justified tho visible

«utempt with which tho objection was repulsed.

but what has been the fact ? what has been the

jrorking of tho government at this point ? and

m stands this narrow limitation of vacancies

'^ordinary casualties ? " In tho first place,

|ic main stay of tho argument in tho Federalist

\ knocked from under it at tho outset of the

|Dvemmcnt; and so knocked by a side-blow

om construction. In tho very first year of tho

iition a construction was put on that in-

ument wliich enabled the President to create

I many vacancies as ho picascti, and at any

loment that he pleased. This was effected by

lading to him the kingly prerogative of dismiss-

! officers without the formality of a trial, or

i consent of tho other part of the appointing

ivcr. The authors of tlie Federalist had not

Tseen this construction : so far from it they

1 asserted the contrary : and argumg logically

1 the premises, " that the dismissing power

appurtenant to the appointing power,"

' bad maintained in that able and patriotic

irk— (No. 77) — that, as the consent of the

pate was necessary to the appointment of an

years' limitation act ; which, by vacating almost
tho entire civil list — (ho whole " lUue Hook " —
tho 40,000 places which it registers — in every
period of a presidential term — puts more oHJces
at the command of the President than the nutliors
of tho Federalist ever dreamed of ; andenouph to
eiiuip all tho members and nil their kin if tiny
chose to accept his favors. Ihit this is not tho
end. Large as it ojkhs tho field of pntronngo,
it is not tho end. There is a prnctico grown \\\\
in these latter times, which, upon every revolu-
tion of parties, makes a political exodus among
tho adversary office-holders, marching them off
into tho wilderness, and leaving their places for
new-comers. This practice of itself, also unfore-
seen by tho authors of tho Federalist, again over-
sets their whole argument, and leaves the mis-
chief from wliich they undertook to defend tho
constitution in a degree of vigor and universality
of which tho original opposers of that mischief
had never formed the slightest conception.

Besides the direct commerce which may take
place between the Executive and a member,
there are other evils resulting from their ap-
pointment to office, wholly at war with tho
theory of our government, and the purity of its
action. Responsibility to his constituents is the
corner-stone and sheet-anchor, in the system of
representative government. It is the substance
without which representation is but a shadow.
To secure that responsibility the constitution

TiiniTY YKAIW VIKW.

Ims provided tliat tlie memljcrs shr.ii Ik? pcriwli-
cally nturiiwl to their coiistiliKnts— those of
the House ut the end of every two years, tlioso
of the Senate at the end of every six— to pass in
review )M.'l'oro them — to account for wliat may
have been done amiss, and to receive the reward
or censure of (;o(m1 or bad coinhict. This re-
sponsibilily is totally destroyed if the I'resident
takes a meinljcr out of the hands of his constit-

Whon I first came to tiie Senate thirty y,.,;,
npo. oped inemlxrs were accustomed to tell i;
that there were always members in tlie nmrki;.
waiting to render votes, and to receive o|]ic(.;
and that in any closely contested, or ncarii
balanced ciuestion, in which the administration
took an interest, they could turn the dcci>ioii
which way they pleased by the help of tlits^
marketable votes. It was a humiliating rcvLlj.

iients. prevents his return home, and places hm tion to a young senator— but true; and I hav,
in a situation where he is indci)endent of their : seen too much of it in my time— seen mcmUp
censure. Ajjain : the constitution intended that l wliosc every vote was at tlie service of povin.

ment — to whom a scat in Congress was bm
the stepping-stone to executive appointmcnt-to
whom federal office was the pabulum for which |
their stomachs yearned — and who to obtain :,
were ready to forget that they had cither cfin. |
stitucnts or country. And now, why !' ..
tifying exhibition of a disgusting depravity?
answer — to correct it : — if not by law and con- 1
stitutional amendment (for it is hard to p:\\

the three departments of the government, — the

executive, the legislative, and the judicial —

should be independent of each other : and this

inde()endencc ceases, between the executive and

legislative, the moment the members become |

expectants and recipients of presidential favor ;

— the more so if the President should have

owed his oflice to their nomination. Then it

becomes a commerce, upon the regular principle

of trade— a commerce of mutual beneht. For \ lawgivers to work against themselves), at lew

this reason Congress caucuses for the nomination \ by the force of public opinion, and the stern rt

of presidential candidates fell un<ler the ban of buke of popular condemnation

public opinion, and were ostracised aljovc twenty

years ago— only to be followed by the same evil

in a worse form, that of illegal and irresponsible

'• conventions ; " in which the nomination is an

election, so far as party power is concerned ; and

into which the member glides who no longer

dares to go to a Congress caucus ; — whom the

constitution interdicts from being an elector — j AV'ashington, who entirely condemned the pnc-

and of whom some do not blush to receive office, ktice. In a letter to General Hamilton (vol. i

and even to <lemand it. from the President whom | page 53, of Hamilton's Works), he speaks of lis

they have created. The framers of our govern- j objections to these appointments as a thing nil

ment never foresaw — far-seeing as they were — i known to that gentleman, and which he to

this state of things, otherwise the exclusion of only driven to think of in a particular instatre

members from presidential appointments could ! from the difficulty of finding a Secretary i

never have failed as part of the constitution, i State, successor to Mr. Edmund Randolph, J

I have mentioned Mr. Monroe as a PrcsldraJ
who would not depart, even from the spirit of I
the constitution, in appointing, not a tncmberl
but an ex-member of Congress, to office. OtherJ
of the earlier Presidents were governed by tlitl
same principle, of whom I will only montml
(for his example should stand for all) Gcncnll

less than four persons had declined the ofTcrofl
it ; and seeing no other suitable person witliiM|

(after having been first adopted in the original
draught of that instrument) ; nor repulsed when
recommended by so many States at the adoption going into the Senate, he offered it to Mr. Rufe
of the constitution ; nor rejectcnl by a majority of i King of that body — who did not accept it;
one in the Congress of 1780, when proposed as j for this offer, thus made in a case of so mi
an amendment, and coming so near to adoption urgency, and to a citizen so cminentlj fit,^Vi<!
by the House. | ington felt that the honor of his administratk

Thus far I ' avc spoken of this abuse as a po- 1 required him to show a justification. 1V1

would the Father of his country have thougi
if members had como to him to solicit offini

tentiality — &.•* a possibility — as a thing which

might happen : the inexorable law of history

requires it to bo written that it has happened, is and especially, if these members (a thing

happening, becomes more intense, and is rijicn- most blasphemous to be imagined in conned

i.ig into a chronic disease of the body politic. { with his name) had mixed in caucuses

AXNO 182t'. .luIIN QUINCY ADAMS. l'Ur>II)i;NT.

tMnvcntion<t to procure his nomination for Prisi-
dint 1 Certainly ho wouhl have given them a
|,>,k which would have sent such suppliants for
tvir from his presence. And I, who was senator
for tliirty years, and never had ofRce for myself
fir any one of my blood, have a right to con-
demn a practice which my conduct rebuke*, and
which the purity of the government requires to
lic abolished, and which the early Presidents
carefully avoided.

CHAPTER XXXI.

liEATIl OF THE EX-rUESIDENTS .lOlIN ADAMS
AND TU0MA3 JEFFEliSON.

It comes within the scojkj of this View to notice
tlic deaths and characters of eminent public men
i who have died during my time, although not my
I contemporaries, and who haye been connected
with the founding or early working vf the fed-
eral government. This gives me a right to head
a chapter with the names of Mr. John Adams
land Mr. Jefferson — two of the most eminent
[political men of the revolution, who, entering
I public life together, died on the same day, —
I July 4th, 182G,— exactly fifty years after they
Iliad both put their hands to that Declaration of
llndcpcndcnco which placed a new nation upon
Ithc theatre of the world. Doubtless there was
■enough cf similitude in their lives and deaths to
|excus3 the belief in the interposition of a direct
jiroridcnce, and to justify the feeling of mys-
jlorious reverence with which the news o» their co-
Incident demise was received throughout the
wintry. The parallel between them was com-
plete. Born nearly at the same time, Mr.
^dams the elder, they took the same course in
|fe— with the same success — and ended their
irthly career at the same time, und in the same
|fay :— in the regular course of nature, in the ro-
ose and tranquillity of retirement, in the bosom
If their families, and on the soil which their
►bors had contributed to make free.

Born, one in Massachusetts, tho other in Vir-

inia, they both received liberal educations, em-

Ticcd the same profession (that of the law),

bixcd literature and science with their legal

studies and pursuits, and rntere<l early into the
rijK'ning contest with (Jreat Uritain — lirst in
their comities and .States, and then on the broiider
field of tho (ieiieral Congress of the Confeder-
ated Colonies. They were both mcnilieis of tho
Cor;:;ress whieh dwlared Imlejicndence — both of
the committee which rc|v)rted the Declaration —
both signed it — were both employed in foreij;ii
missions — both became Vice Presidents — and
both became Presidents. They were both work-
ing men ; and, in the great number of etlicient
laborers in tho ;ause of Inilependenco which tho
Congresses of the Jlcvolution contained, they
were doubtless tho two most edicieiit — and Jlr.
Adams the more so of the two. Ho was, as Mr.
Jetferson styled him, '• tho Colossus " of tho
Congress — speaking, writing, counselling — a
member of ninety diH'erent committees, ami
(during his three years' service) chairman of
twenty five — chairman also of the board of war
and board of apper is : his soul on firo with the
cause, left no rest to his head, hands, or tongue.
Mr. JetTerson drew the Declaration of rndepen-
dence, but Mr. Adams was " the pillar of its sup-
port, and its ablest advocate and defender,"
during the forty days it was before the Congress.
In tho letter which he wrote that night to Mrs.
Adams (for, after all the labors of tho day. and
such a day, he could still write to her), ho took
a glowing view of the future, and used thoso
expressions, "gloom" and "glory," which his
son repeated in tho paragraph of his message to
Congress in relation to tho deaths of the two ex-
Presidents, which I have heard criticized by
thoso who did not know their historical allusion,
and could not fool tho force and beauty of their
application. They wore words of hope and con-
fidence when ho wrote them, and of history
when he died. "I am well awaro of the toil,
and blood, and treasure, that it will cost to main-
tain this Declaration, and to support and defend
these States ; yet through all tho gloom, I can
see the rays of light and glory ! " and ho lived to
see it — to see tho glory — with the bodily, as well
as with the mental eye. And (for the great fact
will bear endless repetition) it was ho that con-
ceived tho idea of making Washington command-
er-in-chief, and prepared tho way for bis unani-
mous nomination.

In the division of parti fs which ensued tho
establishment of the federal government, Mr.
Adams and Mr. JcfTerson diiTcred in systems of

•ii

TllIUTY YEARS' VIEW.

fwlicj', and became heads of opjiosito divi.sions.
but willioiit iKcoinin;; fither unjust or luikiiid to
eivrh otliur. Mr. Adams sided with the party
discriminated as federal; and in that character
iKJcaJiic the subject of pohtical attacks, from
which his competitor generously defended him,
declaring that "a more j)crfectly lioncst man
never issued from the hands of his Creator;" and,
tliough opjwsing candidates for the presidency,
neither would have any thing to do with the elec-
tion, which they considered a question between
the systems of policy wliich they represented,
and not a question between themselves. 3Ir.
Jefferson became the head of the party then
called republican — now democratic ; and in that
character became the founder of the political
school which has since chiefly i)rcvailcd in the
United States. lie was a statesman : that is to
say, a man capable of conceiving measures use-
ful to the country and to mankind — able to re-
commend them to adoption, and to administer
tnem when adopted. I have seen many politi-
cians — a few statesmen — and, of these few, he
their pre-eminent head. lie was a republican
by nature and constitution, and gave proofs
of it in the legislation of his State, as well as in
the policy of the United States. lie was no
speaker, but a most instructive and fascinating
talker ; and the Declaration of Independence,
even if it had not been sistered by innumerable
classic productions, would have placed him at
the head of political writers. I never saw him
but once, when I went to visit him in his rctire-
luent ; and then I felt, for four hours, the charms
of his bewitching talk. I was then a young sen-
ator, just coming on the stage of public life — he a
patriarchal statesman just going off the stage of
natural life, and cvidjntly desirous to impress
some views of policy upoj me — a design in which
he certainly did not fail. I honor him as a patriot
of the Revolution — as one of the Founders of the
Republic — as the founder of the j -litical school
to which I belong ; and for the purity of charac-
ter which ho possessed in common with his com-
oatiiots, and which gives to the birth of the
United States a beauty of parentage wliich the
genealogy of no other nation can show.

CIIAPTEll XXXII.

milTISIf IN'DEMNITY FOK DErOETED 8LATD.

In this year was brought to a conclusion tl
long-continued controversy with Great Uritair,
in relation to the non-fulfilment of the first arti-
cle of the treaty of Ghont (1814), for the resti-
tution of slaves carried off by the British troop,
in the war of 1812. It was a renewal of the niiv
understanding, but with a better issue, whidi
grew up under the seventh article of the treaty
of peace of 1783 upon the same subject. The
power of Washington's administration was not
able to procure the execution of that articli',
either by restoration of the slaves or indemnitv,
The slaves then taken away were carried to Nova i
Scotia, where, becoming an annoyance, they were
transferred to Sierra Leone ; and thus became tlie
foundation of the British African colony there.
The restitution of deported slaves, stipulated ia
the first article of the Ghent treaty, could not be
accomplished between the two powers ; they dis-
agreed as to the meaning of words ; and, afttr
seven years of vain efforts to come to an under-
standing, it was agreed to refer the question to
arbitrament. The Emperor Alexander accepte<l
the office of arbitrator, executed it, and decided
in favor of the United States. That decision was I
as unintelligible to Great Britain as all the pre- 1
vious treaty stipulations on tho same subject i
been. She could not understand it A scconii I
misunderstanding grew up, giving rise to a sccomj I
negotiation, which was concluded by a final I
agreement to pay the value of the slaves caniedl
off. In 1827 payment was made — twelve years I
after the injury and the stipulation to repair it |
and after continued and mo'^t strenuous cxertioml
to obtain redress.

The case was this : it was a part of the systcin|
of warfare adopted by tho British, whenoperatF
ing in the slave States, to cncoui-age the slaves to I
desert from their owners, pr6mising them free- 1
dom ; and at the end of the war these slaves I
were carried off. This carrying off was foreseai I
by the United States Commissioners at Ghent,!
and in the first article of the treaty was pro- 1
vided against in these words ; " all places takeii,!
&c. shall be restored without delay, &c., or ca^l
rying away any of the artillery, or other publitl

ANNO 1827. JOHN QUINCY ADAMS, PUIXIDKNT.

rtpcrty originally captured in the said posts or
.ye.«. and which shall remain thcn-in iiiion the
,.vclianirc of tho ratifications of this trv-aty, or
Liv slaves or other private property." Tho
iBrilii'h Government undertook to extend the
Ii-nitation which applied to public property to
lihit which was private also; and so to restore
ily such slaves as were originally captured
Lviiliin tho forts, and which remained therein at
Itiic time of tho exchange of ratiflcations — a con-
struction which would have excluded all that
liure induced to run away, being nearly tho
J hole; and all that left thu forts before the cx-
Ljncre of ratifications, which would have includ-
t] the rest. She adhered to the construction
j'vcn to tho parallel article in tho treaty of 1783,
knl by which all slaves taken during the wai
Lrc held to bo lawful prize of war, and free un-
BiT the British proclamation, and not to be com-
icnsatcd for. The United States, on the contrary,
nniiDed this local limitation to things appurte-
Lnt to the forts ; and held the slaves to be pri-
late property, subject to restitution, or claim for
jcmpcnsation, if carried away at oil, no matter
iow acquired.

The point was solemnly carried before tho
Irapcror Alexander, the United States icprescnt-
by their minister, Mr. Henry Aliddlcton, and
Ircat Britain by Sir Charles Bagot — the Counts
lesselrodc and Capo D'Istrias receiving tho ar-
liucnts to bo laid before the Emperor. His
lajesty's decision was peremptory ; '• that the
lilted States of America are entitled to a just
idemnification from Great Britain for all private
lopcrty carried away by the British forces;
. as the question regards slaves more espe-
klly, for all such slaves as were carried away
I the British forces from tho places and terri-
fies of which tho restitution was stipulated by
8 treaty, in quitting the said places and tcrrito-
Tbis was explicit ; but the British minis-
f undertook to understand it as not applying
[Eiaves who voluntarily joined the British
nps to free themselves from bondage, and who
DO from places never in poaaesaion of tho
ktisb troops ; and he submitted a note to that
ict to the Russian minister, Count Nesoolrode,
I be laid before the Emperor. To this note
pander gave an answer which is a model of
orical reply to unfound?d dubitation. He
1: " the Emperor havinp^, by the mutual con-
It of the two plenipotentiaries, given an opin-

iot >nded solely u|)on the sense \vlii»'h n-sult-i
I)i iw text of the article in dis|iiito. docs nut
tl';.. : tiinis4'ir called ujion 'o de<'iile hiTo any
question relative to what ihu laws of war permit
or forbid to the beiligcrents ; but, always fiiithfiil
to the (;ramniatical interpretation of the first ar-
ticle of the treaty of (Jhent, his Imixrial Mujcsty
declares, a second time, that it appears tu him,
according to this interpretation, that, in quittin;^
tho places and territories of which the treaty oi
Ghent stipulates tho restitution to the United
States, his Britannic Majesty's forces had no
right to carry away from tho same places and
territories, absolutely, any slave, by whatever
means ho had fallen or come into their i)owcr."
This was tho second declaration, the second de-
cision of the point; and both parties having
bound themselves to abide tho decision, be it
what it might, a convention was immediately con-
cluded for the purpose of carrying the EniiKjror's
decision into effect, by establishing a board to
ascertain the number and value of the deported
slaves. It was a convention formally drawn
up, signed by the ministers of the three powers,
done in triplicate, ratified, and ratifications ex-
changed, and tho affair considered finished. Not
so the fact ! New misunderstanding, new nego-
tiation, five years more consumed in diplomatic
notes, and finally a new convention concluded !
Certainly it was not the value of the property
in controversy, not tho amount of money to bo
paid, that led Great Britain to that pertinacious
resistance, bordering upon cavilling and bad faith.
It was the loss of an advantage in war — the less
of the future advantage of operating upon tho
slave States through their slave property, and
wliich advantage would be lost if this compensa-
tion was enforced, — which induced her to stand
out so long against her own stipulations, and the
decisions of her own accepted arbitrator.

This now or third treaty, making indemnity
for these slaves, was negotiated at London, No-
vember, 1820, between Mr. Gallatin on the part
of the United States, and Messrs. Huskisson and
Addington on tho part of Great Britain. It com-
menced with reciting that " diflicultics having
arisen in tho execution of tho convention conclud-
ed at St. Petersburg, July 12th, 1822, under the
mediation of his majesty tho Emperor of all the
Russios, between tho United States of America
and Great Britain, for tho purpose of carrying
into ofiect tho decision of bia Imperial Majesty

■) , *

t- .<■

'.( ■ I

■ti

TIIIRTV VEARS' VIEW.

»ij)On tlic <liirL'rcncfn which liwl arisen between
tliu saiil l.'iiitetl Stales and (ireat ]{ritain as to
the tnu! construction an<l tncaninf^ of the first
article of iho treaty of (jlient, t/i/!rifnre the said
parties a;rrec to treat ajrain," &c. The result of
this third iK'(;otiation was to Htipulato for the
payment (if a ^roKs sum to the povernment of
tho United Stales, to ho by it divided among
those whose slaves had been carried off: and tho
sum of one million two hundred and four thou-
8and niuo hundred and sixty dollars was the
amoimt agreed upon. This sum was satisfactory
to tho claimants, and was paid to the United
StateH for their Iwneflt in tho year 1827— just
twelve years after the conclusion of tho war, ana
after two tix-aties had been made, and two arbi-
trations rendered to explain the meaning of tlio
first treaty, and which fully explained itself.
Twelve yeai's of iMjrsevcring exertion to obtain
tlio execution of a treaty stipulation which solely
relatoil to private property, and which good faith
and sheer Justice required to havo been complied
with immediately ! At tho commencement of
the session of Congress, 1827-28, tho President,
Air. John Quincy Adams, was able to communi-
cate the fact of the final settling and closing up
of this demand upon tho British government for
tlio value of the slaves carried off by its troops.
The sum received was largo, and ampio to pay
the damages; but that was the smallest part of
the advantage gained. Tho example and tho
principle were the main points — tho enforcement
of such a demand against a government so power-
ful, and ader so much resistance, and the con-
demnation which it carried, and the rcsponsibilty
which it implied — this was the grand advantage.
Liberation and abduction of slaves was ono of
the modes of warfare adopted by tho British, and
largely counted on a^i a means of harassing and
injuring one half of tho Union. It had been
practised during the Revolution, and indemnity
avoided. If avoided a second time, impunity
would have sanctioned tho practice and rendered
it inTotcrate ; and in future wars, not only with
Great Britain but with all powers, this mode of
annoyance would havo become an ordinary re-
sort, leading to servile insurrections. Tho in-
demnity exacted carried along with it tho con-
demnation of tho practice, as a siMliation of
private property to be atoned for ; and was both
a compensation for tho post and a warning for
the future. 1 1 implied a responsibility whicli no

power, or art, or time could evade, and the pn-.
ciplc of which King established, there will 1,^ j, I
need for future arbitrations.

I havo said that this article in the treaij ^'
Ghent for restitution, or compensation, fur ^A
ported slaves was brought to a better issue thsj
its parallel in tho treaty of peace of 1783. ]\A
tho seventh article of this treaty it was dcclan | [
that tho evacuation (by tho British troops) shou;.! I
bo made " without carrying away any negroes or I
other property belonging to tho American k\
habitants.'' Yet three thousand slaves veitl
carried away (besides ten tunes that numbcr-
27.000 in Virginia alone — perishing of disease hi
the British camps) ; and neither restitution corl
compensation made for any part of them. BoiJil
were resisted — tho restitution by Sir Curl
Carleton in his letter of reply to WashingtoD'J
demand, declaring it to be an impossible infanrl
in a British officer to give up those whom therl
had invited to their standard ; but reserving tli>|
point for tho consideration of his government. irA
in the mean time, allowing and facilitating M
taking of schedules of all slaves taken awar-l
names, ages, sex, former owners, and Stateil
from which taken. The British govemmeM
resisted compensation upon the ground of vi^
captures ; that, being taken in war, no nattJ
how, they became, like otljcr plunder, the pn
perty of the captors, who had a right to disjx
of it as they pleased, and had chosen to sctij
free; that tho slaves, having become free,
longed to nobody, and consequently it was i
breach of the treaty stipulation to carry tb
away. This ground was contested by the Cooj
gross of the confederation to the end of its m
cnco, and afterwards by the new federal gorei
mcnt, from its commencement until the clii
for indemnity was waived or abandoned, i
tho conclusion of Jay's treaty, in I79C.
very first message of Washington to Congi
when he became President, presented the iDenj
cution of the treaty of peace in this partiouk
among others, as one of the complaints justi
existing against Great Britain ; and all the d
plomacy of his administration was exerted t
obtain redress — ^in vain. The treaties of '94 1
'96 were both signed without allusion to thcsolil
ject ; and, being left unprovided for in these trl
ties, the claim sunk into tho class of obsolete li
mands ; and the stipulation remained in the tn
a dead letter, although containing the pn

ANNO 1827. JOHN' QVINCY ADAMS, rUISlIvENT.

,oriknn<l the additional ono"neRroo8," on which |
the Einp^'r"'" Alexander took the stand which com- 1
w.itwlt'd compensation and dispenswl with arj?u- !
nicnts founded in the laws of war. Not a shillinp !
i ad been received for that immcnso deprc<lation
1,1011 iirivate property ; although the Conpress of
tlif fonfederation adopted the stronpcst resolves,
and even ordcn-d each State to be furnished with
rtpiis of the schedules of the slaves taken from
j: ; and hopes of indemnity were kept alive until
(stinguished by the treaty of '96. It was a
liittcr complaint a^nst that treaty, as the Con-
I gR'ss debates of the time, and the public press,
abundantly show.

Northern men did their duty to the South in

Intting compensation (and, what is infinitely

more, establishing the principle that there shall

be compensation in such cases) for the slaves

carried away in the war of 1812. A majority

Lrthe commissioners at Ghent who obtained the

I jtipulation for indemnity were Northern men —

[Adams, KusscU, Gallatin, from the free, and

relay and Bayard from the slave States. A

Northern negotiator (Mr. Gallatin), under a

iNorthcm President (Mr. John Quincy Adama),

Ifinally obtained it ; and it is a coincidence wor-

Itliy of lemark that this Northern negotiator,

Iwho was finally successful, was the same de-

Ibater in Congress, in '90, who delivered the best

largument (in my opinion surpassing even that

■of Mr. Madison), against the grounds on which

Ithc British Government resisted the execution

|of this article of the treaty.

I am no man to stir up old claims against the
^Kleral government; and, I detest the trade
irliich exhumes such claims, and deplore the fa-
cility with which they are considered — too often
I the hands of speculators who gave nothing, or
bext to nothing, for them. But I must say that
Ihe argument on which the French spoliation
llaim is now receiving so much consideration,
Applies with infinitely more force to the planters
I slaves were taken during the war of the
Revolution than in behalf of these French spoli-
Ition claims. They were contributing — some in
Jieir persons in the camp or council, all in their
loluntary or tax contributions — to the indepen-
lence of their country when they were thus de-
oiled of their property. They depended upon
bose slaves to support their families while they
rere supporting their country. They were in
pt to British merchants, and relied upon com-

pensation for those slaves to pny tlioso dobts. at
the very moment wlu-n romiH'nsiition wns nlioH-
doncd by the same trenty which enfont'd llio
payment of the debts. They had a treaty obli-
pati(m for indemnity, express in its terms, and
since shown to be valid, when deprived of thin
stipidation by another tn-aty, in order to obtain
general advantaces for the whole I'nion. This
is something like taking private propt>rty for
public use. Three thousand slaves, the property
of ascertained individuals, protected by a treaty
stipulation, and afterwards abandoi)e<l by another
treaty, against the entreaties and remonstrances
of the owners, in order to obtain the British
commercial treaty of '94, and its supplement of
'96: such is the case which this revolutionary
spoliation of slave property presents, and which
puts it immeasurably ahead of the French spoli-
ation claims prior to 1800. There is but four
years' difference in their ages — in the dates of
the two treaties by which they were respectively
surrendered — and every other difference between
the two cases is an argument of preference in
favor of the losers under the treaty of 1796.
Yet I am against both, and each, separately or
together ; and put them in contrast to make one
stand as an argument against the other. But
the prunary reason for introducing the slave
spoliation case of 1783, and comparing its less
fortunate is.suo with that of 1812, was to show
that Northern men will do justice to the South ;
that Northern men obtained for the South an
indemnity and security in our day which a
Southern Administration, with Washington at
its head, had not been able to obtain in the days
of our fathers.

CHAPTER XXXI II.

MEETING OF THE FIRST CONGUESS ELECTED ITS-
DEE THE ADMINIrtTUATlON OF MK. ADAMS.

The nineteenth Congress, commencing its legal
existence, March the 4th, 1825, had been chiefly
elected at the time that Mr. Adams' administra-
tion commenced, and the two Houses stood di-
vided with respect to him — the majority of the
Representatives being favorable to him, while the

!.-,

it . i^'

TllinTY YEAR'S VIF.W.

majority of the Senate was in opfHwition. The j
flections for the twentieth Conptjss — the first
under liis wlministration — were Iooke<l to with
frreat interest, both sm Hhowiny; whether the new
Presifknt was supported hy the country, and his
election by the House sanctioned, and also as an
index to the issue of the ensuingc presidential
election. For, simultaneously with the election
in the House of lieprcsentativcs did the canvass
for the succeeding election begin — General Jack-
son being the announce<l candidate on one side,
and Mr. Adams on the other; and the event in-
volving not only the question of merits between
the parties, but also the question of approved or
disapproved conduct on the part of the represen-
tatives who elected Mr. Adams. The elections
took place, and resulted in placing an opposition
majority in the House of lieprcsentativcs, and
increasing the strength of the opposition majori-
ty in the Senate. The state of parties in the
House wa.s immediately tcste<l by the election of
speaker, Mr. John W. Taylor, of New-York,
the administration candidate, being defeated by
Mr. Andrew Stevenson, of Virginia, in the op-
position. The appointment of the majority of
members on all the committees, and their chair-
men, in both Houses adverse to the administra-
tion, was a regular consequence of the inflamed
state of parties, although the proper conducting
of the public business would demand for the ad-
ministration the chairman of several important
committees, as enabling it to place its measures
fairly before the House. The speaker (Mr. Ste-
venson) could only yield to this just sense of
propriety in the case of one of the committees,
tliat of foreign relations, to which Mr. Edward
Everett, classing as the political and personal
Iricnd of the President, was appointed chairman.
In other committees, and in both Houses, the
stern spirit of the times prevailed ; and the or-
ganization of the whole Congress was adverse to
the administration.

The presidential message contained no new
recommendations, but referred to those previ-
ously made, and not yet acted upon; among
which internal improvement, and the encourage-
ment of home industry, were most prominent.
It pave an account of the failure of the proposed
congress of Panama ; and, consequently, of the
inutility of all our exertions to be represented
there. And, as in this fmal and valedictory no-
tice by Mr. Adams of that once far-famed con-

grcas, he took occasion to disclaim some vicw)
attribute*! to him, I deem it just to gire him th>
benefit of liis own words, both in making i';,
dis<-laiiner, and in giving tho account of i^
abortion of an impracticable scheme which lia]
go lately been prosecuted, and opposed, with «.,
much heat and violence in our own country. J|„
said of it :

" Disclaiming alike all right and all intcntinn I
of interfering in those concerns which it is the
prerogative of their independence to regulate t^
to them shall seem fit, we hail with joy every
indication of their prosperity, of their harraonv
of their persevering and inflexible homajie to
those principles of freedom and of equal ri>»ht! I
which are alone suited to tho genius and temper I
of tho American nations. It has been thcrcfortl
with some concern that wo have observed indi-
cations of intestine divisions in some of the r^ I
publics of tho South, and appearances of lec^l
union with ono another, than wo believe to\A
the interest of all. Among tho results of tlijj I
state of things has been that the treaties con[
eluded at Panama do not appear to have boeal
ratified by the contracting parties, and that thJ
meeting of tho Congress at Tacubaya has bwJ
indefinitely postponed. In accepting the invjt].!
tions to be represented at this Congress, while tl
manifestation was intended on the part of thtl
United States, of tho most friendly dispositioJ
towards the Southern republics by whom itl
had been proposed, it was hoped that it woulJ
furnish an opportunity for bringing all the iu-|
tions of this hemisphere to the common acknowT
ledgment and adoption of the principles, in (tA
regulation of their international relations, whicil
would have secured a lasting peace and harmonrl
between them, and have promoted the cause 'i|
mutual benevolence throughout the globe. Bail
as obstacles appear to have arisen to the rc'l
assembling of the Congress, ono of the two niii
istcrs commissioned on tho part of the Unite
States has returned to the bosom of his count^J
while the minister charged with the ordinal
mission to Mexico remains authorized to attenj
at the conferences of the Congress whencTuI
they may be resumed."

This is the last that was heard of that so mutt
vaunted Congress of American nations , and ii|
the manner in which it died out of itself, amoq
those who proposed it, without ever having I
reached by a minister from the United Statt^
we have tho highest confirmation of tho sounjj
ness of the objections taken to it by the opp
tion members of the two Houses of oar Coi
gross.

In stating the condition of the finances, I
message, without intending it, gave proof of thj
paradoxical proposition, first, I believe, broaclii

ANNO 1828. JOHN QUINCY ADAM!*, rRJ>II»r.NT.

\,\ my'^'l'^i t'"^^ "> Annual revenue to the extent
j 3 fiiurtli or a fifth below the annual expendi-
uiro. i< sufllcient to meet that annual expendi-
,„ri' ; an<l consequently that there is no ncccs-
»iir to levy as much as is expcndetl, or to pro-
v:<!e by Inw for keeping a certain amount in the
tnvuO' «h«>n the receipts arc equal, or superior
I ;,i tlic cxiienditurc. He said :

'The balance in the trcasiiry on the first I
lofJaniinry Inst was six millions three hun- 1
[ilreil and iifty-cight thousand six hundred and
|,j_-|ity-,six dollars and eij;htcen cents. The
1 nwipt-'' from that day to the 30th of Septem-
Ut last, ns near as the returns of them yet
|ro(civcd can show, amount to sixteen millions
Lisht hundred and eighty-six thousand five
lliiimlred and eighty-one dollars and thirty-two
jftiits. The receipts of the present quarter,
jestimatcd at four millions five hundred and fif-
|u«n thousand, added to the above, form an ag-
|jn*!3ite of twenty-one millions four hundr«l
Ithoiisand dollars of receipts. The expenditures
|(if the year may perhaps amount to twenty-two
linillions three hundred thousand dollars, prcsent-
liisasniall excess over the receipts. But of
lihesc twenty-two millions, upwards of six have
kn applied to the discharge of the principal of
klie public debt; the whole amount of which,
tpproaching seventy-four millions on the first of
paniiary last, will on the first day of next year
p\ Ehort of sixty-seven millions and a half.
The balance in the treasury on the first of Jan-
uary next, it is expected, will exceed five millions
luiir hundred and fifty thousand dollars ; a sum
Iscmling that of the first of January, 1825,
lhoii;rh falling short of that exhibited on the first
ff January last."

In this statement the exi)enditures of the year

i shown to exceed the income, and yet to leave
[balance, about equal to one fourth of the whole

the treasury at the end of the year; also
jiat the balance was larger at the end of the
preceding year, and nearly the same at the end

the year before. And the message might
flTC added, that these balances were about the
kme at the end of every quarter of every year,
|id every day of every quarter— all resulting
rom the impossibility of applying money to ob-
pcts until there has been time to apply it. Yet
fthe time of those balances of which Mr. Ad-

! speaks, there was a law to retain two mil-
bns in the treasury ; and now there is a law to
Itain six millions ; while the current balances,
)the rate of a fourth or a fifth of the income, are
any times greater than the sum ordered to be
Jtained; and cannot be reduced to that sum,

regular payments from the treasury, until

the revnue itself Is rif lured below the ex-
penditure. Tliis is a financial paradox, sustain-
able upon reason, proved by facts, and vUiblo
in the state of the treasury at ail tinio.<*; yet I
have endeavored in vain to cstabli.>h it; and
Congress is as careful as ever to provide an an-
nual income equal to the annual exjjenditure ;
and to make permanent provision by law to keep
up a reserve in the treasury ; which would bo
there of itself without such law as long as the
revenue comes within a fourth or a fifth of the
expenditure.

The following members composed the two
Houses at this, the first session of the twentieth
Congress :

8EKATE.

JIaine— John Chandler, Albion K. Tarris.
New HAMrsHiiiK— Samuel Lell, Levi Wood-
bury.

Massachusetts— Xatlianiel Silslwe, Daniel
Webster.

Connecticut— Samuel A. Foot, Calvin Willey.

Rhode Island— Xehemiah li. Knight, Asher
Robbins.

Vkrmont — Dudlcjr Chase, Horatio Seymour.

New-Yokk— Martm Van Buren, Nathan San-
ford. '

New Jersey — Mahlon Dickerson, Ephraim
Bateman.

Pennsylvania— William Marks, Isaac D.
Barnard.

Delaware— Louis M'Lane, Henry M. Ridge-
ley.

Maryland— Ezekicl F. Chambers, Samuel
Smith.

Virginia— Littleton W.Tazewell, John Tyler. P-

North Carolina— John Branch, Nathaniel
Macon.

South Carolina— William Smith, Robert Y.
Hayne.

Georcia- John JITherson Berrien, Thomas
W. Cobb. '

Kentuck y — Richard M. Johnson, John Rowan

Tennessee— John H. Eaton, Hugh L. White.

Ohio— William H. Harrison, Benjamin Rug-/'-

gies. ,;

Louisiana — Dominique Bouligny, Josiah S.
Johnston.

Indiana— William Hendricks, James Noble.

Mississippi— Powhatan Ellis, Thomas II. Wil-
liams.

Illinois — Elias K. Kane, Jesse B. Thomas.

Alabama— John McKinley, William R. King.

Missouri— David Barton, Thomas H. Benton.

HOUSE OF EEPEESENTATIVE8.

Maine— John Anderson, Samuel Butman,
Rufus MIntire, Jeremiah O'Brien, James W.
Ripley, Peleg Sprague, Joseph F. Wingate— 7.

New Hampshire— Ichabod Bartlett, David

( i.

! '

i! !

r !■:

.rliJ'

•/-'

Ju."-

THIRTY TEARS' VIEW.

A : ..■

Barker, jr., Titiis Brown, Joseph Ilealcy, Jona-
tlmn Ilarvcy. Thomfts Whipple, jr. — (J.

Massaciii'hktts — Sainiiol C. Allen, John Bai-
Ic}', I.s.sac C. Bates, B. W. CrowninNhieUl, John
l/avifl, Henry W. Dwight, Edn-arl Everett,
Benjamin (Jorham, James li. Ho<lpcs, John
Locke, John Beed, Joseph Kichardiion, John
Vamnm — 1 ,5.

UiioDE Island— Tristam Burges, Dutee J.
Pearcc — 2

Connecticut — John Baldwin. Noyes Barber,
Balph J. InperfioU, Orango Mcrwin, Elisha
Phelps, David Plant— C.

Vkkmont — Daniel A. A. Buck, Jonathan
Hunt, Kojin C. MuUary, Benjamin Swift, George
E. Wales— 5.

New-Yohk— Daniel D. Barnard, George 0.
Belden, Kudol{)h Bunner, C. C. Cambrelcng,
Samuel Cha.se, John C. Clark, John D. Dickm-
f;on, Jonas Earll, jr., Daniel G. Garnsey, Na-
thaniel Garrow, John I. Do Graflj John Hallock,
jr., Sclah R. Ilobbio, Michael Hoffman, Jcromus
John.son, Richard Keeso, Henry MarkcU, H. C.
Martindale, Dudley Marvin, John Mageo, JoJui
Ji layn ard, Thomas J. Oakley, S. Van Rensselaer,
llenry li. Storrs, James Strong, John G. Stower,
Phineas L. Tracy, John W. Taylor, G. C. Ver-
planck, Aaron Ward, John J. Wood, Silas Wood,
David Woodcock, Silas Wright, jr. — 34.

New Jersey — Lewis Condict, George Hol-
combe, Isaac Pierson, Samuel Swan, Edge
Thompson, Ebenezer Tucker — G

Pennsylvania — William Addams, Samuel
Anderson, Stephen Barlow, James B uchanan ,
Richard Coulter, Chaunccy Forward, Joseph Fry,
jr., Innes Green, Samuel D. Ingham, George
Kremer, Adam King, Joseph Lawrence, Daniel
H. Miller, Charles Miner, John Mitchell, Samuel
M'Kean, Robert Orr, jr., William Ramsay, John
Sergeant, James S. Steven.son, John B. Sterigere,
Andrew Stewart. Joel B. Sutherland, Espy Van
HoiTi, James Wilson, George Wolf— 2G.

Delaware — Kensy Johns, jr. — I.

Maryland — John Barney, Clement Dorsey,
Levin Gale, John Leeds Kerr, Peter Little,
Michael C. oprigg, G. C. Washington, John C.
Weems, Ephraiin K. Wilson — 9.

Virginia — Mark Alexander, Robert Allen,
Wm. S. Archer, AVm. Armstrong, jr., John S. Bar-
bour, Philip P. Barbour, Burwell Bassett, N. II.
Claiborne, Thomas Davenport, John Floyd, Isaac
Lefiler, Lewis Alaxwcll, Charles F. Mercer,
William M'Coy, Thomas Newton, John Ran-
dolph, William C. Rives, John Roane, Alexan-
der Smyth, A Stevenson, John Talliaferro, James
Trezvant — 22.

North Carolina — Willis Alston, Daniel L.
Barringor, John H. Bryan, Samuel P. Carson,
Henry W. Conner, John Culpeper, Thomas H.
Hall, Gabriel Holmes. John Long, Lemuel Saw-
ver, A. H. Shepperd, Daniel Turner, Lewis Wil-
liams — 1.3.

South Carolina — John Carter. Warren R.
Davis, William Drayton, James Haniilton, jr.,
George M'Duifie, William D. Martin, Thomas

R. Mitchell, Wm. T. Nuckolls, Starting Tuckr^i
— 1>.

Gkoroia — John Floyd, Tomlinson For* 1
Charles E. Hay nes, George R. Gilmer, AVjIm, J
Lumpkin,Wiley Thompson,Richard H. Wilde—;

Kentuc KY — Richani A. Buckncr, James Clark
Henry Daniel, Joseph Lccompte, Rol^rt pi
Letcher, Chittenden Lyon, Thomas Mutcaif.
Robert M'Hatton, Thomas P. Moore, Charles \,
Wickliffo, Joel Yancey, Thomas Chilton— Ij.

Tennessee — John Bell, John Blair, I)avi.||
Crockett, Robert Desha, Jacob C. Isacks, Prvo-
Lea, John H. Maroble, James C. Mitchell, Jma
K. .golk— 9. (PM...,.rt*v,^'/'7Y?' '^

Ohio — Mordccai Bartlcjf, Pnilcmon Bowhcr 1
A\'illiam Creighton, jr., John Davenport, Jam«l
Findlay, Wm. M'Lean, William Russell. John I
Sloano, William Stanberry, Joseph Vance. Samuel |
F. Vinton, Elisha Whittlesey, John Woods, John I
C. Wright— 14.

Louisiana — William L. Brent, Henry il.|
Gurley, Edward Livingston — 3. |

Indiana — Thomas H. Blake, Jonathan Jei>|
nings, Oliver H. Smith— 3.

Mississippi — William Haile — I.

Illinois — Jo.seph Duncan — 1.

Alabama — Gabriel Moore, John M'Keel
George W. Owen — 3.

Missouri— Edward Bates — 1. :, ^ £ (,. ,^, i

DKtEOATES. ^'^^'^-' "

Arkansas Territory — A. H. Sevier.
Michigan Territory — Austin E. Wing.
Florida Territory— Joseph M. White.

This list of members presents an immcnal
array of talent, and especially of business talent!
and in its long succession of respectable name^l
many will be noted as having attained natioiull
reputations— others destined to attain that dis-l
tinction — while many more, in the first class of|
useful and respectable members, remained without
national renown for want of that faculty nhichl
nature seems most capriciously to have scattcnJ
ainong the children of men — the faculty of flucjij
and c opio us speech ; — giving it to some of
judgment — denying it to others of equal, orltil
greater judgment — and lavishing it"upon scm
of no judgment at all. The national eyes i
fixed upon the first of these classes — the boi
of judgment and copious speech ; and evcnthos
in the third class obtaui national notoriety; whiii|
the men in the second class — the men of ju(ij
ment and few words — are extremely valued i
respected in the bodies to wliich they bcIoDj
and have great weight in the conduct of busines
They are, in fact, the business men, often m
practical and efficient than the great oratoi
This twentieth Congress, as all others that hiH

ciiapte:

REVISION OF

Che tariff of 1828 is j
teinu the event from

ANNO 1828.

1 < QUINCY ADAMf, rRESll>ENT.

K^n. contained a larp: proportion of these mont
laiihl and rcHpcctable members; and it will bo
Lvf plea.<ant task of this work to do them the
Ijustioo which their modest merit would not do
Ifjr tlicmficlvcs.

CHAPTER XXXIV.

REVISION OF THE TAKIFF.

IfHE tariff of 1828 is an era in our legislation,

jtinjt the event from which the doctrine of

f nullification '' takes its origin, and from which

^ serious division dates between the North and

llio South. It was the work of politicians and

Manufacturers; and was commenced for the

benefit of the woollen interest, and upon a bill

biicfly designed to favor that branch of mhnu-

k turing industry. But, like all other bills of

ke kind, it required help from other interests to

Jot itself along ; and that help was only to be

Ibtaincd by admitting other interests into the

benefits of the bill. And so, what began as a

tial benefit, intended for the advantage of a

irticular interest, became general, and ended

(ith including all manufacturing interests — or

t least as many as were necessary to make up

' strength necessary to carry it. The produo-

Jons of different States, chiefly in the West,

■ere favored by additional duties on their rival

Iports ; as lead in Missouri and Illinois, and

kmp of Kentucky ; and thus, though opposed

t the object of the bill, many members were

«ssitatcd to vote for it. Mr. Kowan, of Ken-

Icky, well exposed the condition of others in

jis respect, in showing his own in some remarks

Ihich he made, and in which he said :

•He was not opposed to the tariff as a system
[revenue, honestly devoted to the olyects and
Irposcs of revenue — on the contrary, he was
lendly to a tariff of that character ; but when
pverted by the ambition of political aspirants,
1 the secret influence of inordinate cupidity, to
OSes of individual, and sectional ascendency,
[could not be seduced by the captivation of
nes, or terms, however attractive, to lend it
(individual support.

*It is in vain, Mr. Fresident, said ii?, that it is

|lcd the American System — names do not alter

ni!3. There is but one American System, and

kt is delineated in the State and Federal consti-

tution!!. It is the system of equal rights and
privileges 8ccure<l by the ri-presontative prinriplo
— a system, which, instead of subJcrtinK the pro-
ceeds of the lal)or of some to taxation, in the
view to enrich others, secures to all the |)r<)oec(is
of their labor— exempts all from taxation, ex-
cept for the support of the protecting jiower of
the government. As a tax necos.snry to the sup-
port of the government, ho would support it —
call it by what name you please ; — as a tax for
any other purpose, and especially for the pur))osi'H
to which ho had alluded — it had his individual
reprobation, under whatever name it might as-
sume.

'• It might, ho observed. l)c inferred from what
ho had said, that ho would vote against the bill.
lie did not wish any doubts to be entertained as
to the vote he should give u|K)n this nicasuro, or
the reasons which would intluencc him to give
it. lie was not at lil)erty to substitute his in-
dividual opinion for that of his State. lie was
one of the organs here, of a State, that had, by the
tariff of 1824, been chained to the car of the East-
ern manufacturers — a State that had been from
that time, and was now groaning under the press-
ure of that unequal and unjust measure — a
measure from the pressure of which, owing to
the prevailing illusion thi-oughout the United
States, she saw no hope of escape, by a speedy
return to correct principles ; — and seeing no hope
of escaping from the ills of the system, she is con-
strained, on principles of self-defence, to avail
herself of the mitigation which this bill presents,
in the duties which it imposes upon foreign hemp,
spirits, iron, and molns.ses. The hemp, iron, and
distilled spirits of the West, will, like the woollens r
of the Eastern States, |lc encouraged to the extent ^
of the tax indirectly imposed by this bill, upon
those who shall buy and consume them. Those
who may need, and buy those articles, must pay
to the grower, or manufacturer of them, an in-
creased price to the amount of the duties imposed
upon the like articles of foreign growth or fabric.
To this tax upon the labor of the consumer, his
individual opinion was opposed. IJut. as the
organ of the State of Kentucky, he f'?lt himself
bound to surrender his individual opinion, and
express the opinion of his State. "

Thus, this tariff bill, like every one admitting
a variety of items, contains a vicious principle, by
which a majority may be made up to pass a
measure which they do not approve. But be-
sides variety of agricultural and manufacturing
items collected into this bill, there was another
of very different import admitted into it, namely,
that of party politics. A presidential election
wbs approaching: General Jackson and Mr.
Adams were the candidates — the latter in favor
of the " American System " — of which Mr. Clay
(his Secretary of State) was the champion, and
indissolubly connected with him in the public

THIRTY YEAIW VIKW.

mind in tlic insiio of the clectiDn. Tlii« torilF
VM inado nn n.lininistration measure, and lic-
rHine nn issue in tlio ciinvnHs ; nnd to this Mr.
Ilowan Ki(;nitleaiilly alluded wlien lie sjh 'x' of a
tarill' ns l»ein« ''perverted 1)y tlio nmhiaon of
political nsi)irftnts.'' It waH in vnin that the
manufacturers were warned not to mix tlieir in-
tcrestH with the doubtful gamo of polities. They
yielded to the temptation— yielded ns a class,
though with individual cxa'ptions — for the sake
of the temporary benefit, without secniin;? to rc-
nli/o the diinnrer of connecting their interests
with the fortunes of a political jiarty. This
tariff of 'l.'8, besides being remarkable for giving
birth to "niillillcation," and heart-burning be-
tween the North nnd the South, was also re-
maikablo for a change of policy in the New
England States, in relation to the protective
system. I]<!ing strongly commercial, these States
had hitherto favored free trade ; and Mr. 'Web-
ster was the champion of that trade up to 1824.
U this session a majority of those States, nnd
especially those which classed politically with
Mr. Adams nnd Mr. Clay, changed their policy :
nnd AVebster became a champion of the protec-
tive system. The cause of this change, as then
nlleged, was the fact that the protective system
had become the established policy of the govern-
ment, and that these States had adapted their
industry to it ; though it was insisted, on the
other hand, that political calculation had more
to do with the change than federal legislation :
and, in fact, the question of this protection was
one of those which lay at the foundation of par-
ties, and was advocated by General Hamilton in
one of his celebrated reports of fifty years ago.
But on this point it is right that New England
should speak for herself, which she did at the time
of the discussion of the tariff in '28 ; and through
the member, now a senntor (Mr. Webster), w^ho
typified in his own person the change which his
section of the Union had undergone. He said :

"New England, sir, has not been a lender in
this policy. On the contrary, she held back, her-
self, and tried to hold others back from it, from
the adoption of the constitution to 1824. Up to
1824, she was accused of sinister and selfish de-
signs, because she discountenanced the progress
of this policy. It was laid to her charge, then,
that having established her manufactures herself,
she wished that others should not have the power
of rivalling her; and, for that reason, opposed all
legislative en.iouragement. Under this angry
denunciation against her, the net of 1824 passed.

Now the imputation is preriwly of nn fipj,,,..!
chnrnctcr. The present measure is priinniui., I
to l>e exclusively for the benefit of New Kii;'U,,
to be brought forward bv her ngenoy, nml r.
signed to gratify the eupitlity of her wialtliv,
tablishments.

" IJoth rlmrges, sir. are equally without t.l
slightest foundation. The opmion of Ni« };• |
land, up to 1H24, was founded in the conviri;
that, on the whole, it was wisest nnd U^t. 1,,
for herself and others, that manufacturers slicm
nuike haste slowly. She felt a reluctance to tpi,.!
great interests on the foimdation of govcmn,.ii;|
patronage ; for who could tell bow long micJ
patronage would last, or with what stemltif.^
skill, or jicrsevernnre, it would continue to i«L
granted? It is now nearly fifteen years, sini>|
among the first things which I ever ventiirwltJ
soy hero, was the expression of n serious (loiil,t|
whether this government was fitted by its (vj.
btruction, to administer aid and protection J
particular pursuits ; whether, having called si;ci|
pursuits into being by indications of its favor. ;i
would not, afterwards, <lesert them, when trouldt
come upon them ; and leave thciu to their fa;J
Whether this prediction, the result, ceitaiiily.ofl
chance, nnd not of sagacity, will so soon be fuj
filled, remains to bo seen.

" At the same time it is true, that from \
very first commencement of the govornimnil
thoso who havo administered its concerns ii»]
held a tone of encouragement and invitation tof
wards those who should embark in manufncttm
All the Presidents, I believe, without exception
have concurred in this general sentiment ; in^
the very first act of Congress, laying duties of n
post, adopted the then unusual expedient of J
preamble, apparently for little other purpose tlia
that of declaring, that the duties, which it iinposj
ed, were imposed for the encourngcment and pro
tcction of inanufactiires. When, at the coi»
mencement of the late war, duties were doubkil
we were told that we should find a mitigation a
the weight of taxation in the new aid and sntj
cor which would be thus afforded tc our oin
manufacturing labor. Like arguments \Te:^
urged, nnd prevnilcd, but not by the aid of Sn
England voles, when tbo tariff was nfterwani
arranged at the close of the war. in 181G. F|
nally, after a whole winter's deliberation, the>
of 1824 received the sanction of both lluusis (
Congress, and settled the policy of the countn
What, then, was New England to do? Slieirij
fitted for manufacturing operations, by l
amount and character of her population, by \ii
capital, by the vigor and energy of her freelaM
by the skill, economy, enterprise, and pcrscvd
ance of her people. I repeat, what was slie, i
dor these circumstances, to do ? A great ii|
prosperous rival in her near neighborhood, thn
ening to draw from her a part, perhaps a ^
part, of her foreign commerce ; was she to i
or to neglect, those other means of seclcinj; 1
own prosperity which belonged to her cliararti
and her condition ? Was she to bold out, fJ

ANNO Ui«. John gL'INCY AI»AMS. I'llt-HlliKNT.

fur n'.'niiHt f'o tflurse of tlio (rnvrmmptit, nii'I
,, III rxlf I""*!";;, tui oni- siilc. nml \rl makiinr uo
/'iris to su«tniii In rsvlf on tin- olhtT / N<>, Mir.
\ lliini? "OS Itfl to New ^'.n^rlnllll, nftir the «rt
1«J4, t'lit to c-oiifonii hiTsi'lf to tho will of
„.|-^. Nothing was left to luT, Init to considtT [
I tiiit till' pivi'iiiim'iit hill! (ixi'ii nml <letenninfil
.(iwii i»)1k7 ; ami that |x)licy wo-s iirotection. " '

The niu'slion of a iirotoctivo tarilF hn<l now ,
ht only bfooiiif |Militiciil, but sectional. In tho
Lirlv viara of the fudenil goveniment it was not
n, T.lio tariir bills, as the first ami tho secontl
hat were juissed, declared in their preambles
liliattliey were for tho encouragement of nmnu- {
Irniiiri's, as well as for raisinj; revenue; but
thin the duties imposed wero all moderate —
|ji;(h as a revenue system really rcfjuireil ; and
thiri.' were no " vihnmuws" to make a false ba-
ll, for tho calculation of duties, by enacting
lihnt all which cost less than a certain amount
Ihould bo counted to have cost that amount ;
Inl be rated at the custom-house accordingly.
1 this early period tho Southern States were
. ready as any i)art of the Union in extending
iho protection to homo industry which resulted
torn the imposition of revenue duties on rival
nported articles, and on articles necessary to
urselves in time of war; and some of her
latesmcn were amongst the foremost members
't Congress in promoting that policy. As late
i 181G, some of her statesmen were still in favor
t protection, not merely as an incident to rove-
but as a substantive object: and among
Icse was Jlr. Calhoun, of South Carolina — who
■en advocated the minimum provision — then
r the first time introduced into a tariff bill, and
ion his motion — and applied to the cotton
oils imported. After that year (181G) the
biff bills took a sectional aspect — the Southern
lates, with the exception of Louisiana (led by
' sugar-planting interest), against them : the
^w England States also against them: the
»lille and Western States for them. After
124 the Now England States (always meaning
1 greatest portion when a section is spoken of)
pcd with the protective States — leaving the
pth alone, as a section, against that policy,
personal position was that of a great
by otliors in tt three protective sections —
osed to the policy, but going with it, on ac-
nt of the interest of the Stato in the protcc-
1 of some of its productions. I moved an ad-
bnal duty upon lead, equal to one hmidred

Vol. I.— 7

per pcntum; and it was mrrii*'!. I mnriMl »
•Inly iipoii indipv a firMier nl»|di' of the South,
but now <lt'i'!im><l to a sli^'ht prixiuriioii ; iiml I
pro|H)si'<l a rate of duly in linnnony with tho
protective featuR's of the bill. No southern
member would move that <liit}, because be ojh
jH)sed the principle; I moved it, that lliu ••Amer-
ican ."System," as it was called, should work
olike ill all parts of our Ameriia. I sup|>orted
the motion with some reasons, ami some views
of the former cultivation of that plant in tho
Southern States, and itK present decline, thus :

'• Mr. TIenton then proposed an amendment, in
imiH)se a duty of 'J') cents pr pound on imixirted
imiigo, with a progressive iiierea.so at the rate of
•-T) cents [nr iK)uml ikt annum, until tho whole
duty amounted to $1 ]>cr ])oun<l. Ho stated his
object to be two-folil in pro|)osing this duty. fir.«t.
to place the American System lieyond the reach
of its eneinies, by procuring a homo supply of an
article indispensable to its existence ; and next,
to benefit the South by reviving the cultivation
of one of its ancient and valuable staples.

Indigo was first planted in tho Carolinas and
Georiria about the year 1740, ond succee<le<l .*^o
well as to command the attention of the British
manufacturers and tho Briti.sh parliament. An
act was passed for the encouragement of its pi-o-
duction in these colonic.'-, in tho reign of George
the Second ; the preamble to which Mr. B. read,
and recommended to tho consideration of the
Senate. It recited that a regidar, ample, and
certain supply of indigo was indisiwnsable to the
success of British manufacturers ; that these
manufacturers were then dependent upon foreign-
ers for a supply of this article ; and that it was
the dictate of a wise policy to encourage the pro-
duction of it at home. The act then went on to
direct that a premium of six])cncc sterling should
be paid out of the British treasury for every
pound of indigo imported into Great Britain,
from the Carolinas and Georgia. Under tlie fos-
tering influence of this bounty, said Mr. B., the
cultivation of indigo became great and extensive.
In six years after the passage of the act, the ex-
port was 217,000 lbs. and at the breaking out of
the Revolution it amounted to 1,100,000 lbs. The
Southern colonies became rich upon it ; for the
cultivation of cotton was then unknown ; rice and
indigo were the staples of the South. After the
Revolution, and especially after the great territo-
rial acquisitions which the British made in India,
the cultivation of American indigo declined. The
premium was no longer paid ; and the British
government, actuated by the same wise policy
which made them look for u home supply of this
article from the Carolinas, when they were apart
of the British possessions, now looked to India
for the same reason. The ex])ort of American
indigo rapidly declined. In 1800 it had fallen to
400,000 lbs. ; in 1814 to 40,000 lbs, ; and in tho

'M''-'

TIFIHTY YEAIW* VI KW.

!«Mt ft'wr \v^rr^ to (1 or H.(KMt|lm. In the inran
time (tiir irianiifiictnrii"* wiTt- (jrowinp tip; »nil
having no Niipiily nf ihili^'n nt Imnii', tlii-y hn<l to
iiii|M)rt rn)tn nlinmrl. hi IKJil tliiH ini|K>rta(ioii
nrn<iiiiil4>il to I.I.Vi.oiHi IhN.rostinK n frnr'tlon Iff^
than two inillHuiM of ilolliirs. nml lia<l to Ik) pnid
fur almost entinOy in rcaily money, n^ it wnn
rliicflyolitaiii(.'<| from plai-is wUvtv Amtricaii pro-
(liiro wnH ill no fli-niiiml. I'lNin tliis state of
flirts, .Mr. H. ronccivcd it to lie the pnrt of n wise
nn'l prmltrit jHilioy to follow the cxaiiipli' of the
I'lritinh parliament in the rei^Mi 'fCeortje 1 1, nml
provide a liome supply of this iii(ii-|KTisal)le ar-
ticle. Our nianufacliireis now paid n ili^'h price
f.ir line indigo, no less than S2 .111 jter poinid, as
IcHlilled hy one of themselves liefore the t'oin-
initteo on Manufactures raised in the House of
JtepresentntivcH. 'J'iie duty whicli ho proposed
was only 40 per cent. u|x)n that value, and would
not even reach that rate for four years. It was
less than one half the duty which tiio dame bill
|)roiK>Hed to lay instanter uiK>n the very cloth
which this indipi was intended to dye. In the
end it would make all indigo come cheaper to the
manufacturer, as the home supply would soon Iw
(•(liial, if not suiwrior to the demand ; and in the
mean time, it could not bo considered a tax on
the manufacturer, as he would levy the advance
Khicli he had to jmy, with a good interest, upon
the wearer of the cloth. > •• .i:,' v-^ Nje^< ■

" Mr. li. then went into an exposition of the
reasons for encourapinp; the homo production of
indigo, and showed that the life of the American
System depended upon it. Neither cotton nor
woollen manufactures could be carried on with-
out indigo. The consumption of that article vraa
prodigious. Even now, in the infant state of our
manufactories, the importation was worth two
millions of dollars: and must soon bo worth
double or treble that sum. For this groat sup-
ply of an indispensable article, we were chiefly
indebted to the jealous rival, and vigilant
enemy, of these very manufactures, to Great Bri-
tain herself. Of the 1,150,000 lbs. of indigo im-
ported, wo bring (320,000 lbs. from the British
East Indies; which ore word from the British
povemment would stor, ,br ever ; we bring the
further quantity of 120,000 lbs, from Manilla, a
Spanish possession, which Briti.sh influence and
diplomacy could immediately stop : ond the re-
mainder came from dill'erent parts of South Ame-
rica, and might be taken from us by the arts of
diplomacy, or by a monopoly of the whole on tho
part of our rival. / stoppage of a supply of in-
digo for one year, would prostrate all our manu-
factories, and give them a bb^ from which they
would not recover in many pean.'. Great Britain
could effect this ctoppage to the ?> mount of three
fourths of the whole quantity hj . pf" king a sin-
gle word, and of the remainder b;.' v light e:;or-
tion of policy, or the expenditi're o' ■ nuin tfi-
tient to monopolize for one ycir 'So purcldie of
what South America sent into the mark'. ',.

" Mr. B. said he expected .v »mantr,i;ns vote
in favor of bis amendment. Tlie North should

vote for it to wcnn> the life of the Ani-rirnn Sv..
tern ; to give a pn>of of their reu'^trd ("' the .S.Kiii,
to hhow that the country M>wth of -he Pi luin,
m inclu'lfil III the bill fur mmeothi'i piir|xi«<. ),..
sideH that of oppression. The South ilxilf. ,i .
though op|K)sed to the further iiicreast of dnti,,,
should vote for this duty ; that tho hill, if |,
pnss»'S, may contain one provision fnoralilr to it,
interests. The West hliouM Vole I'ur it tliruii.',
(rratitiKlo for fifty years of guardian protirii. :,
u'ciieniuH defence, and kind assiNtance, wlmh tl,,.
.South had given it under all its trials; iiii>l ri,r
tho iiurixise of enlarging the market, incna>ii ,.
the demaml in the South and its ability tn pur!
chase the horses, mules, and provisions whidithH
West ran sell nowhere else. For himself In. l,,i|
personal reasons for wishing to do this little jn..
tico to the South, lie was a native of one ,(
these Slates (X. Carolina) — tho bones of his fi
ther and his grandl'athers rested there. ||,r
Senators and ilepresentatives were his enrlv v.
his hereditary fi it'iids. Tho venerable Siininr |
before him (Mr. Macon) had been the friind i
him and his, through four generations in j |
straight line ; tho other Senator (Mr. liinniii)
was his schoolfellow : tho other branch of iIk
legislature, tho House of Bepresentntives, «lx) j
showed liim in the North Carolina delefration,
tho friends of liim and his thron|.'h sii(assi\»
generations. Nor was this all. Ho felt for the i
sad changes which had taken }>lncc in the Sdntli
in the last fifty years. Before the Revolution it 1
was tho seat of wealth as well as of hosiiitalitv,
Money, and all that it commanded, aboiiii(k||
there. But how now ? All this is reversed,

" Wealth hoi <l >[ from the South, and settWl
in tho regions lorth of the Potomac, and tliisial
the midst of tlio fact that the South, in four staplci I
alone, in 'cotton, tohacco, rico ond indigo (while I
indigo was one of its staples), had exported pro- 1
duce since the Revolution, to the value of ci|:litl
hundred million of dollars, and tho North had I
exported comparatively nothing. This sum was I
prodigious ; it was nearly equal to half the coin. I
age of the mint of Mexico since tho conquest kl
C'ortez. It was twice or thrico tho amount oil
the product of the three thousand gold and silver I
mines of Mexico, for tho same period of i
years. Such an export' would indicate uii|arai.|
leled w^calth ; but what was the fact ? ' ' ti .^^
of wealth, a universal pressure for mon^ sS'i
felt; not enougii lor current expenses ; i, i ,"f'
of all property down ; the country drc
languishing ; towns and cities decaying , ai.
frugal habits of the people pushed to the vergtl
of universal self-denial, for the preservation c
their family estates. Such a result is a .stran^l
and vonderful phenomenon. It calls upon .states.|
r-.en to inquire into the cause ; and if they ia-l
quire upon tha theatre of this strange mctanlO^I
phof' . they will receive one universal anwerj
from all ranks and all ages, that it is fedcnil
legi.uation which has worked this ruin. Undal
this legislation the exports of the South han
been made the basis of the federal revenue. Hnl

ANNO I«J«. JOIIS QIINCY Alt.VMS rur>ll»KNT.

i-rrntr (xl't niilliont unnunlly IcTiml iipnn itn-

'urtcii tr<xxl'*> Ari< ilcliii'lt'il nut nf iho |<ri<v of

[niroiil'Mi, rn'«' nii'l ti>li«i-i-o. i •' .t hi jIi«' <lirni-

nul <l |>rici' wliirli llu-y rifi'iv r IIii-m' htnpli'A

;) fiiivi)t» l>ortH, i>r in tlio iiirrciiscil priit- which

;!,,•» jittv for tiio »rticl('« tlicy have ti> duihiiiik'

ii liidiic' Virt;i.)iiv th.i two ( 'iin)lini«H mul < Jwir(?i»,

uitr 'w f^ 1 lodifniy thnw roiirlhH of theaiinuitl

,'S|icn.H' of Hii|>[Kjrcinf{ the frdt-ral (xovcriitnont ;

,nli>fthis|{rcnt mini niiinuillv fnniishfil l>y thciii,

>iihintf. or next to nothinir. is n'tiirtud to thi-m

III iho "impo of Rovcnitncnt c<x|N'n(litiiro. Thnt

r\iii>iiilituru llowH ill an o|i|H>sito (iirirtion ; it

ilavs northwardly, in one iiiiit'orin, uiiintc-rriipU'il

:,:i,| |)i'n-nnial Htrt'iiiii ; it takuH tlic our ' of irndu

,nii i)f ''xdinnpe ( and thin iH '!,<• lOu on why

iroalili di'*opii«ftr(4 fwin tlio ■ i 'n . id i c. npin

I the North. Federal k'p lation 'o<!.- . ' iiiis ; it

,!,its it hy tho niinple (ir'>. > h oI ciernall; tiikinf^

I mav from the South nn ' a' :i;,j. ,„»ihinp; to

If it rcturnc ' ti- tho Soum tho wi olo, or

I inn » (?o« ' pni" ' ^'"it it oxftited, th* four

MiUH south o< I'u I'otomac iiii;;ht ^tanii w.c

Liionof this Hysl.uj, as thf cnrth is enuljled to

I .lanil till oxhaustinj; intinonco i<f tho Hun's daily

(nut tiy tho rcfrcHhinK dews which aro returned

[10 ic it night ; but as tho earth is driu<t up, and

ill vegetation dcHtroyed in rtuions whero the

Ikat \x great, and no (lows returned, ro must the

ISjuIIi l>o exhausted of its money and its pro-

l]«rty by a course of legislation which is for ever

uking fi'Oin it, and never roturnini; any thing to

• Every now tariff increases tho force of this
Isction. No taritl" has ever yet included Virginia,
I the t>vo Carolinas, and Georgia, within its pro-
Ivi^ions, except to increase the burdens imposed
liipon tliem. This one alone, presents tho oppor-
Itinity to form an exception, by reviving and re-
storing the cultivation of one of its ancient sta-
liiks,— one of tho sources of its wealth before the
Ikevolution. Tho tariff of 1828 owes this repara-
Ition to the South, because the taritf of 1810 con-
Itrilmtcd to destroy the cultivation of indigo;
Ipiiuk the duty on the foreign article, from twenty-
live to fifteen cents per pound. These aro the
basons for imposing the duty on indigo, now pro-
osc'l. What objections can possibly bo raised
10 it? Not to the quality; for it is tho same
Jrvliicl) laid the foundation of the British manu-
cs, and sustn'nod their reputation for moro
'fa cent . , not to the quantity; for
|u io C'arolmas and Georgia alone raised as
niicli fifty years ago as we now im{)ort, and we
bvc now the States of Louisiana, Alabama, and
llississippi, and the Territories of Florida and Ar-
pnsas, to add to the countries which produce it ;
lot to the amount of the duty ; for its maximum
till be but fortjr per cent., only one half of the
luty laid by this bill on the cloth it is to dve ;
pi that maximum, not immediate, but attained
Jy slow degrees at the end of four years, in order
) pivc time for the domestic article to supply the
[lace of the imported. And after all, it is not a
uty on the manufacturer, but on tho wearer of

the |rno<li4 ; fn>m alMin ho Irrii"", with ft powl
iiiterot on the iifiif of ItiK cUiHm. all tliitt be ex*
IMii'N in the pHifhase of iivaieriaU. For oiioo,
Mild .Mr. Ii.. I I ^ «<'l M >innriiniiii|N vntroit «rUiiMi
ill the tnrill'. I iih u, ' jo rlauM> iuttHM bMe (lie
»>iiit;ulnr and nnpreo'deiiK'd b'mor nf an nhaiii-
mous voici'in it.<f:ror. Tlu- .*>'>"' "mst votr l<>r it,
to revive the ciiltu , nn <>f otie i>t its tttrmf »n«'ieiit
and vnliinlilo Ndiplos ; th<- NVe-t mu^t vote f«t It
through gratitude for past fii\ rs — thnmph grati-
tinle for the vole on hemp lis night* -mid to
save, enlarge, nii I iiien-ase the market for ilxowii
Iirodiirtinns ; the North must vote for it to khow
their dixiiiterestedness ; to give one iirfMif of JumI
feeling towards the South ; and, a)K)ve all to
save their favorite Aniericnn ."System from ltii«
deadly b'ow whieh (ireat Britain can at any tii«>-
nient give it by stopping or interrupting the sn|>-
plics of foieiL'n indigo; and the whole Union. Hid
entire legislative body, must vote for it, and vote
for it with joy and cnthusiii.sm. Is'enu.w it is itn-
possible that .Americans can deny to sister States
of tho t'onfeileraey what a Uritish King and ii
IJrI'ish I'arliament granted to these same States
when thoy were colonies and dependencies of the
British crown."

Mr. Ilaync, of South Carolina, seconded my
motion in a speech of which this is an extract :

"Mr. Ilaync snid he was opposed to this lii!l
in its principles as well us in its details. It could
assume no shape which would make it accepta-
ble to him, or which could prevent it from ope-
rating most oppressively and unjustly on his
constituents. With these views, ho had deter-
mined to inako no motion to amend the bill in
any respect whatever : but when such motions
were made by others, and ho was compelled to
vote on them, ho knew no better rule than to
endeavor to make tho bill con.sistent with itself.
On this principle he had acted in all the votes he
had given on this bill. lie had endeavored to
carry out to its legitimate consequences what
gentlemen are plea.sed to mi.scall the ' American
.System.' With a fixed resolution to vote against
the bill, he still considered himself at liberty to
assist in so arranging the details as to extend to
every great interest, and to nil portions of the
country, as far as may be practicable, equal pro-
tection, and to distribute tho burdens of the
system equally, in order that its benefits as well
as its evils may be fully tested. On this prin-
ciple, he should vote for the amendment of the
gentleman from Missouri, because it was in strict
conformity with all the principles of the bill. As
a southern man. he would ask no boon for tho
.*v)uth — he shoulil propose nothing; but he must
say that the protection of indigo rested on tho
same jirinciplcs as every other article proposed

• "Tho vote on liemp tlil» nliilit.'' In rejecting Mr. Web*
Btcr's motion to strik* .«iit the duty on Iiemp, Rnd s vote In
whloli tlie South went unaolmnusly with tlie Vi'eai.—KuU lij
Mr.B,

■\ ' 1

i ','

■, ■ I

f '

100

THIRTY YKAUS' VIF.W.

ti) lie iirotcctcd liv tliis hill, arwl ho <li<l not we
Ikhv piitli'iiKii coiiM. ciiiisi.steiitly with tlit-ir
maxims, vote ui;iiiiist it. What was the princijilc
1)11 wliifh this hill was profi'ssi-dly foiiiiiled 1 If
tluTu was any jtrinciiile at all in the hill, it was
that. whi'in;ver the eoiintry had the cajjaeity to
1/tiiiiiice an arlirle wiih which any irniH)rted ar-
tii'le could enter into competition, the domestic
]iroiluct was to he protecteil liy n duty. Now.
had the Soutlicrn States the capacity to prmhice
indifro ! The soil and (;limate of tho.sc States
were w ell suitetl to the culture of tlie article. At
t"\e ciiniinencenientof the Jievolntion our exports
'pf the article an\oimte(l to no less than 1,1(H),()()0
lh,s. Tiij whole qnantitv now imported into the
I'nited States is only l.l'.")(),()00 Ihs. ; so that the
rapacity of the coimlry to produce a sufHcient
(|iiantity o( iuflifro to supply the wants of tlie
manufacturers is unrpiestionahle. It is true tliat
the quantity now jjroiluced in the country is not
preat.

•■ In 1818 only 700 Ihs. of domestic indigo were
cxpfirted.

••In 1825 0,055 do.

'•In 1820 5.280 do.

•• This j)rovcs that the attention of the country
is now directed to the .suhject. The senator from
Indiana, in some remarks wliich he made on this
suhject yesterday, staled that, according to tlie
)irinciples of tlic American System (.so called),
jinitection was not extended to any article which
the country was not in the hahit of exportinpf.
Tills is entirely a mistake. Of the articles pro-
trcfod l)y the tariff of 1824, as well as tho,se in-
cluded in tliis Vjill, very few are exported at all.
Anioiif: these are iron, woollens, hemp, flax, and
.Hveral otlicrs. jf indigo is to be protected at all,
the duties proposed must surely be considered
extremely reasonable, the maximum propo.sed
heinq much below that imposed by this bill on
wool, woollens, and other articles. The duty on
indigo till 1810, was 25 cents per pound. It was
then (in favor of the manufacturers) reduced to
lo cent.s. The iirst increa.so of duty proposed
here, is only to put back the old duty of 25 cents
j)(T jiound, equal to an ad valorem duty of from
10 to 15 per cent. — and tlie maximum is only
from 40 to 58 per cent, ad valorem, and that will
not accrue for .several years to come. "With this
statement of fact.s, Mr. II, said he would leave
the question in the hands of those gentlemen
who were engaged in giving this bill the form in
which it is to be .submitted to tlic linal decision
of the Senate."

The proposition for this duty on imported indigo
did not prevail. In lion of the amount propcsed,
and which was less than any jirotectivo duty in
the bill, the friends of the "American System"
(constituting a majoritir of the Senate) substi-
tuted a nominal duty of live cents on the pound
—to bo increased five cents annually for ten
years — and to remain at fifty. This was only

ahiHit twenty per centum on tiic cost of the »•,
ticlr. and that only to he attained after a pr,
gR'ssion of ten years ; while all other dutiis m
the bill were from four to ten times that amounr
— and to take clfect immediately, A duty s,
contemptible, so out of proportion to the other
provision,^ of the bill, and doled out in such niL<.
erablc drops, was a mockery and insult ; and w
viewed by the southern members. It increascil
the odiousncss of the bill, by showing that tlit
soutliern section of the Union was only incliicKj
in the " American System " for its burdens anl
not for its benefits. Mr. McDuffle, in the House
of Representatives, inveighed bitterly again.st it,
and spoke the general feeling of the Southcm
States when he said :

" Sir, if the union of these States shall ever Ij?
severed, and their liberties subverted, the liisti>
rian who records these disasters will have to n,.
cribc them to mca-sures of this description. I di,
sincerely believe that neither this government
nor any free government, can exist for a quarter
of a century, under such a system of legislation.
Its inevitable tendency is to corrupt, not only the
public functionaries, but all those portions of tin
Union and classes of society who have an inttre,«t,
real or imaginary, in the bounties it provides, !iy
taxing other sections and other classes. What.
sir, is the essential characteristic of a freeman,'
It is that independence which results from an
habitual reliance upon his own resources and his
own labor for his support. He is not in fact a I
freeman, who habitually looks to the government
for pecuniary bounties. And I confess that no- 1
thing in tiie conduct of those who are the prorai-
ntnt .advocates of this system, has excited more I
apprehension and alarm in my mind, than the
constant efforts made by all of them, from the
Secretary of the Treasury down to the humblest
coadjutor, to impress upon the public mind, the
idea that national prosperity and individual |
wealth are to be derived, not from individual in-
dustry and economy, but from government boiin- 1
ties. An idea more fatal to liberty could not k
inculcated. I said, on another occasion, that the
days of Roman liberty were numbered when the I
people consented to receive bread from the ]i\]\yl
lie granaries. From that moment it was not the I
patriot who had shown the greatest capacity anJ I
made the greatest sacrifices to serve the republic. |
but the demagogue who would promise to riis-
tribute most profusely the spoils of the plunded I
provinces, that was elevated to office by a degen- 1
erate and mercenary populace. Every thing be- 1
canio venal, even in the country of Fabricius. un- 1
til linally the empire itself was sold at publkl
auction 1 And what, sir, is the nature and ten- 1
dency of the system we are discussing ? It bearil
an analogy, but too lamentably striking, to thslj
which corrupted the republican purity of ihil

ANNO 1828. JOHN Ql'INCV ADAM.~». PRIMDF.NT.

H'l

lloman people. (Jixl forhid tlint it .shoulil con-
suiimiiite its tn 'iiph over llie piililie lilierty, \>y
a similar cata.stroi)he, tlioiiL'h even tli;it is an
ivint t>y no mcan.s iinprohalile, if wo rontmue ti>
loi^slatc periodically in this way, ftn<l to coniu'i't
the flection of our Chief Mapistriite with the
question of dividing out the spiils of certain
States— <lepTadcd into Itoman provinces — nmon};
thf influential capitalists of the other States of
this Union ! Sir, when I consifler that, by a
sini^Io act like the present, from five to ten niil-
liun.s of dollars may be transferre<l annnally from
one part of the conimnnity to another ; when I
omsider the disgui.sc of disinterested patriotism
under which tho basest and most profiigntc am-
bition may perpetrate such an act of injustice
and [Mlitical prostitution, I cannot hesitate, for a
moment, to pronounce this very system of indi-
rrtt bounties, tho most stupendous instrument
nf corruption ever placed in the hands of public
I'linetionaries. It brings ambition and avarice
and wealth into a combination, which it is fearful
to contemplate, because it is almost impcssible to
resist. Do we not perceive, at this very moment,
the extraordinary and melancholy spectacle of
less than one hundred thousand capitalists, by
means of this unhallowed combination, exercising
an ab.solute and despotic control over tho opin-
ions of eight millions of free citizens, and the
fortunes and destinies of ten millions ? Sir, I
will not anticipate or forebode evil. I will not
permit myself to believe that the Presidency of
1 the United States will ever be bought and sold,
liy this system of bounties and prohibitions. But
1 must say that there are certain quarter? of this
Union in which, if a candidate for the Presidency
were to come forward with the Ilarrisburg tariff
in his hand, nothing could resist his pretensions,
if his adversary were opposed to this unjust sys-
1 tem of oppression. Yes, sir, that bill would be
a talisman which would give a charmed existence
I to the candidate who would pledge himself to
support it. And although he were covered with
all the " multipl)'ing villanies of nature," the
most immaculate patriot and profoimd statesnma
I in the nation could hold no competition with him,
I if he should refuse to grunt this new species of
1 imperial donative."

Allusions were constantly made to tho combi-
I nation of manufacturing capitalists and poli-
I ticians in pressing this bill. There was evidcnt-
l.y foundation for the imputation. The scheme
I of it had been conceived in a convention of man-
lufacturcrs in tho State of PeniLsylvanio, and had
|t)een taken up by politicians, and was pushed as
la party measure, and with the visible purpose
lof influencing tho presidential election. In fact
■these tariff bills, each exceeding the other in its
degree of protection, had become a regular ap-
bendago of our presidential elections — coming
■round in every cycle of four years, with that re-

turning event. Tho year IHIC w«.s the startini;
point: iS'Jd, and l.'i'Jl, iiiid nmv ISlN, Imvin;
siia-essivfly niiuwed llu- nic;isure, with MU-i-e--
sive augnuntiitions of dutiis. The South b-
lieved itself impoverished to enrirh the North
by this sj'stem ; and ceftaiuly a sin;ziil:\r iiud
unexjKTtiKl result had been seen in these t\vi>
sections. In tho colonial state, the Soutlurii
were the rich jjart of the colonics, and evjiecti'd
to do well in a state of independence. They li;i 1
the exports, and felt secure of their inosperity :
not so of the North, whose agricidtunil re.-io\ircos
were few, ami who expected privations from tin-
loss of British fuNOr. But in tho first half cen-
tury after Independence this expectation was
rever.sed. The wealth of the North was enor-
mously aggrandized : that of the South had do-
clincd. Northern towns had become great cities :
Southern cities had decayed, or become station-
ary ; and Charleston, tho principal port of tlio
South, was less considerable than before tho
Revolution. Tho North became a money-lend' r
to the South, and southern citizens made pil-
grimages to northern cities, to raise money upon
the hypothecation of their patiimonial estates.
And this in tho face of a southern export since
tho Revolution to the value of eight hundred
millions of dollars ! — a sum e((ual to tho product
of the Mexican mines since the days of Cortex I
and twice or thrice the amount of their product
in the same fifty years. The Southern States
attributed this result to the action of the federal
government — its double action of levying reve-
nue upon tho industry of one section of the
Union and expending it in another — and espe-
cially to its protective tarifl's. To some degree
this attribution was just, but not to the degree
assumed ; which is evident from the fact that tho
protective system had then only been in force for
a short time — since tho year 181G ; and the re-
versed condition of tho two sections of tho Union
had commenced before that time. Other causes
must have had some effect : but for the present
wo look to the protective system ; and, without
admitting it to have done all the mischief of
which tho South complained, it had yet done
enough to causo it to be condemned by every
friend to equal justice among the States — 113'
every friend to the harmony and stability of tho
Union— by all who detested sectional legislation
— by every enemy to tho mischievous combina-
tion of partisan politics with national legislation.

>;;' ■»'

'■'>'':

J 02

THIRTY YEARS' VIEW.

And lliis was the fetliiij; witli tlie mass of the
democratic members wlio voted for the tariff of
1S'2H, and who were determined to act upon that
fi-eling iii)oii tlie ovcrliirow of the jwhtical party
which advocated the protective pystem; and
whicii overthrow they believed to be certain at
tlio ensuing presidential election.

CIIAPTEll XXXV.

THE ruBi.icLANDs-Tiinin rnoPKi: nisrosmoN

— GIIADUATKI) IM;l(i;S-l'i:E-E.Ml'T10>f KIGllTS—
DONATIONS TO SKTTLEliS.

AiiouT the year 1785 the celebrated Edmund
IJurke brought a bill into the British House of
Commons for the sale of the crown lands, in
which he laid down principles in political econ-
omy, in relation to such property, profoundly
sagacious in themselves, applicable to all sove-
reign landed possessions, whether of kings or
republics — applicable in all countries — and no-
where more applicable and less known or ob-
served, than in the United States. In the course
of the speech in support of his bill he said :

'• Lands sell at the currenc rate, and nothing
can sell for more. But be the price what it may,
a great object is always answered, whenever any
jiroperty is transferred from hands whicli are not
lit for that property, to those that are. The
buyer and the seller must mutually profit by
such a bargain ; and, what rarely happens in
matters of revenue, the relief of the subject will
go hand in hand with the profit of the Exchequer.
* * * The revenue to be derived from the
sale of the forest lands will not be so considera-
ble as many have imagined ; and I conceive it
would be unwise to screw it up to the utmost,
or even to suffer bidders to enhance, according
to their eagerness, the purchase of objects,
\vhereiii the expense of that purchase may
weaken the capital to be employed in their culti-
vation. * * * The principal revenue which I
propose to draw from these uncultivated wastes,
is to spring from the improvement and popula-
tion of the kingdom; events infinitely more
advantageous to the revenues of the crown than
the rents of the best landed estate which it can
liold. * * * It is thus I would dispose of the
unprofitable landed estates of the crown : throw
them into the moss of private property: by
which they will come, through the course of cir-
culation and through the jwlitical secretions of
the Slate, into well-regulated revenue. "♦ * ♦

Thus would fall an expensive agency, with »;;
the influence which attends it."

I do not know how old, or rather, how youn;
I was, when I first took up the notion that sak-s
of land by a government to its own citizens, ani
to the highest bidder, was false policy ; and that
gratuitous grants to actual settlers was the triiu
policy, and their labor the true way of extnu-..
ing national wealth and strength from the uoil,
It might have been in childhood, when readiii"
the Bible, and seeing the division of the prom-
ised land among the children of Israel : it might
have been later, and in learning the operation of
the feudal system in giving lands to those wlio
would defend them : it might hare been in carlv
life in Tennessee, in seeing the fortunes and re-
spectability of many families derived from tin
640 acre head-rights which the State of North
Carolina had bestowed upon the first settlers,
It was certainly before I had read the speech of
Burke from which the extract above is taken;
for I did not sec that speech until 182G ; anj
seventeen years before that time, when a very
young member of the General Assembly of
Tennessee, I was fully imbued with the doctrine
of donations to settlers, and acted upon the prin- 1
ciple that was in me, as far as the case admitted,
in advocating the pre-emption claims of the set-
tlers on Big and Little Pigeon, French Broad, I
and Nolichucky. And when I came to the thcu |
Territory of Missouri in 1815, and saw land ex-
posed to sale to the highest bidder, and leid I
mines and salt springs reserved from sale, and
rented out for the profit of the fbderal treasury,
I felt repugnance to the whole system, and 4- 1
termined to make war upon it whenever I should [
have the power. The time came round with my
election to the Senate of the United States in
1820 : and the years 1824, '26, and '28, found
mo doing battle for an ameliorated system ot
disposing of our public lands; and with some
success. The pre-emption system was cstab-l
lished, though at first the pre-emption claimant
was stigmatized as a trespasser, and repulsed as
a criminal ; the reserved lead mines and salt I
springs, in the State of Missouri, were broughl I
into market, like other lands ; iron ore lands, in [
tended to have been withheld from sale, wert I
rescued from that fate, and brought into market |
Still the two repulsive features of the federal
land system — sales to the highest bidder, and!
donations to no one — with an arbitrary mininiira I

)crennial, and the ini

AXXO 1828. JOHN QUlNCi' ADA5IS, rilK.-ilDEXT.

103

r^ioc which placed tlic cost of all lands, go*Ml ,
tnri bud, at tho samo uniform rate (artor the ,
auctions were over), at one dollar twi-nty-flve
„,i;s i)cr acre. I resolved to move against the
ffiiole system, and especially in favor of grmlu- !
jti'4 prices, and donations to actual and destitute ,
PottltTs. I did so in a bill, renewed annually
f ,r a hn<i time ; and in speeches which had more
clfect upon tho public mind than upon tho fed-
eral legislation — counteracted as my plan was
liv ichtmcs of dividing tho public lands, or tho
money arising from their sale, among tho States.
]t was in support of ono of these bills that I
produced the authority of Burke in the extract
(juotcd ; and no ono took its spirit ond letter
more promptly and entirely than President
Jackson. IIo adopted tho principle fully, and
iu one of his annual messages to Congress recom-
mended that, as soon as tho public (revolution-
ary) debt should be discharged (to the payment
of which tho lands ceded by tho States were
pledged), that they should ceasb to bb a sub-
Lect of revenue, and be disposed of chiefly
tith a view to settlement and cultivation.
His terras of service expired soon after tho ex-
I tinction of the debt, so that he had not an oppor-
I tunity to carry out his wise and beneficent design.

Mr. Burke considered tho revenue derived
I from the sale of crown lands as a trifle, and of
I no account, compared to tho amount of revenue
Idcrivable from the same lands through their
iMttlement and cultivation. lie was profoundly
Iright! and provably so, both upon reason and
■(xpcricncc. The sale of tho land is a single
■operation. Some money is received, and the
Icultivation is disabled • to that extent from its
|improvement and cultivation. ITie cultivation is

lercnnial, and the improved condition of the
Ifarraer enables him to pay taxes, and consume
■dutiable goods, and to sell the products which
[command the imports wliich pay duties to tho

flvernment, and this is tho "well-regulated
kevcnuc" which comes through the course of cir-
fulation, and through the " political secretions"
pf the State, and which Mr. Burke commends
pove all revenue derived from tho sale of lands.

Does any one know the comparative amount of

■evenuc derived respectively from tho sales and
from the cultivation of lands in any one of our

pw States where the federal governmeut was the

froprietor, and the auctioneercr, of the lands ?

nd can he tell which mode of raising money has

Ijccn most pro<liictivc ? Take Alabama, for ex-
amfile. IIow mucli has the trvasury receivtKj for
lands sold within her limits 7 and how much in
duties paid on imimrts purchased with the ex-
imrtH derived from her soil ? I'erfect exactitude
cannot bo attaine<l in the aaswir, but exact
enough to know tha* the latter already exc<.'e<la
the fonuer several times, ten times over ; and is
perennial and incrca.sing forever! while the sale
of the land has been a single operation, i)erforincd
once, and not to be repeated ; and disabling tho
cultivator by the loss of the money it took from
him. Taken on a large scale, and applied to the
whole United States, and tho answer beconies
more definite— but still not entirely exact. The
whole annual receipts from land sales at this
time (1850) arc about two millions of dollars : the
annual receipts from customs, founded almost en-
tirely upon tho direct or indirect productions of
the earth, exceed fifty millions of dollars ! giving
a comparative difference of twenty-five to one
for cultivation over sales; and triumphantly
sustaining Mr. Burke's theory. I have looked
into the respective amounts of federal revenue,
received into the treasury from these two sources,
since the establishment of the federal government;
and find the customs to have yielded, in that
time, a fraction over one thousand millions of
dollars net — tho lands to have yielded a little less
thon one hundred and thirty millions gross, not
forty millions clear after paying all expenses of
surveys, sales and management. This is a dif-
ference of twcnty-fivo to one— with the further
difference of endless future production from one,
and no future production from the land once
sold ; that is to say, tho same acre of land is
paying for ever through cultivation, and pays
but once for itself in ptirchase.

Thus far I haye considered Mr. Burke's theory
only under ono of its aspects — the revenue as-
pect: he presents onother— thitof population—
and here all measure of comparison ceases. Tho
sale of land brings no people : cultivation pro-
duces population : and people arc tho true wealth
and strength of nations. These various views
were i>rc8cnted, and often enforced, in the course
of the several speeches which I made in support
of my graduation and donation bills : and, on
tho point of population, and of freeholders,
against tenants, I gave utterance to these senti«
ments:

" Tenantry is unfavorable to freedom. It lays

104

THIRTY YF.ARV VIEW.

the foundation for (<t'|inriitc ohUth in socifty,
uniiihiiatfs tlic love of country, ami wiaki-ns the
Rjiirit of indejR'ndence. Tiic famiin;; tenant has,
in fftct, no rountry, no hearth, no doniestiir altar,
no hoii.Heholil f-^od. ''he freehoifier. on tlie ron-
trary, is llie natural suiijKirter of a free f;overn-
nien't ; and it (<hoii!d l)e the jiolicy of repiihlies
to niiilti|i!y tJieir freeliolderH. as it is t)ie policy
of monarchies to iniiltii)!y tenants. Wo are a
reiiidiiie, an<l we wish to continue so: then
nniltii)ly the class of freehojilers; pa.ss the public
lands cheaply and easily into the hands of the
|)eople ; sell, for a reasonable jiricc, to those who
are able to pay ; and jrive, without price, to those
who are not. 1 .s.-iy f^ive, without i)nce, to those
who arc not oble to j-ay ; and that which is so
pivcn, I consider as sold for the best of i)rices ;
for a price above pold and silver ; a price which
cannot bo carriecl away by delinquent officers,
nor lost in failinfj banks, nor stolen by thieves,
nor squandered by an improvident ami extrava-
gant administration. It brings a price aljove
rubies — a rocc of virtuou.s and independent la-
borers, the true supporters of their country,
and the stock from which its best defenders must
be drawn.

•■ ■ What constitutes h Stale r

Not liii^h-rals'il biittlciiient«, nor labored mmind,

Thick wall, nor niuatcd gato ;

Nor clilen proucl, with »plr«8 and turrets crowiiM,

Nor Blarr'd and spangled court*,

W hero low-born baseness wafts perfume to pride :

Itut MKN I high-niindod men,

Who their dntitu know, but icnow tiifir iiinuTS,

And, knowing, c/ur« iniilutaln tbeiii.' "

In favor of low prices, and donations, I quot-
ed the example and condition of the Atlantic
States of this Union — all settled under liberal
systems of land distribution which dispensed
almost (or altogether in many instances) with
sales for money. I said :

"These Atlantic Stales were donations from
the British crown ; and the (?reat proprietors dis-
tributed out their possessions with a free and
generous hand. A few shillings for a hundred
acres, a nominal quitrcnt, and gifts of a hun-
dred, five hundred, and a thousand acres, to ac-
tual settlers: such were the terms on which
they dealt out the soil which is now covered by
a nation of freemen. Provinces, which now
form sovereign States, were sold from hand to
hand, for a less sum than the federal govern-
ment now demands for an area of two miles
square. I could name instances. I could name
the State of Maine — a name, for more reasons
than one, familiar and agreeable to Missouri,
and whoso pristine territory was sold by Sir
Ferdinando Gorges to the proprietors of the
JIassachusctta Bay, for twelve hundred pounds,
provincial money. And well it was for Maine
tliat she was so sold ; well it was for her that
the mouern policy of waiting for the rise, and

sticking at a minimum of §1 25, w.ts not tic,
in vogue, or else Maine would liave Ix-cn n dcv n
now. Instead of a numerous, intclligmt, ^^j
virtuous population, we should have hitd tnis a: '
wilfl Ix'nsls. My resj)ectable friend, the H-nx„-
from that State (Uen. Chandler), would r •
liave Ix-en here to watch so steadily the inter ,•
of the public, and to oppose the bills whifi, |
bring in for the relief of the land claimants. .\. ,:
I mention this to have an ojiportunity u, '
justice to the integrity of his heart, anil to t: ,
soundness of his understanding — qualitios ;;,
which he is excelled by no senator — and to d
press my belief that we will come togt-lliLr np. .,
tho final passage of this bill : for the ciiniinai
points in our policy are the same — ccononiv jr,
the public expenditures, and the prompt v\iw.
tion of the public debt. I say, well it was f(,.
iMaine that she was sold for the federal pntj
of four sections of Alabama pine, Louisiana 1
swamp, or Missouri prairie. Well it was fn.
every State in this Union, that their poll ^ai
sold for a song, or given as a gift to whonisotvtr I
would take it. Happy for them, and for th«
liberty of the human race, that the kinj^s of
England and tlie " Lords Proprietors," did r.jt
conceive the luminou.i idea of waiting for the li.,.
and sticking to a JttinjmMni of ^1 25 per acre!
Happy for Kentucky, Tennessee, and Ohio, tlut
they were settled under SfaleSj and not under I
tho federal government. To this happy cxomp.
tion they owe their present greatness and pros-
perity. When they were settled, the State laws
prevailed in the acquisition of lands ; and dona-
tions, pre-emptions, and settlement rights, and
sales at two cents the acre, were the order of the
day. I include Ohio, and I do it with a know-
ledge of what I say : for ten millions of her soil,
— that which now constitutes her chief wealth and
strength, — were settled upon the libe: a' princi-
ples which I mention. The federal system only I
fell upon fifteen millions of her soil ; and, of that
quantity, the one half now lies waste and uscks.
paying no tax to the State, yielding nothing to
agriculture, desert spots in the midst of a smilin; I
garden, "waiting for the rise," and exhibiting, in I
high and bold relk'f, tho miserable folly of prfr
scribing an arbitrary minimum upon that article
which is the gift of God to man, and which no 1
parental government has ever attempted to con-
vert into a source of revenue and an article of i
merchandise."

Against the policy of holding up refuse lands i
untji they should rise to the price of good land
and against the reservation of saline and mineral
lands, and making money by boiling salt water,
and digging lead ore, or holding a body of tenantry
to boil and dig, I delivered these sentiments :

" I do trust and believe, Mr. President, tliat I
the Executive of this free government will not
be second to George the Third in patriotism, nor
an American Congress prove itself inferior ton

Bnti-h Parliament
ir-i.t and U'lieve tha
c,;: iii> land for the
P vtiuie out of the
jni a'liting lead mi
ljnk>. with all its trt
a\ military agcnt.s, w
|i.;n'il. 1 tru,st that
Lnvi'tlie subject a pla(
j,,:il the aid of his rec(
I ( ! fo great an olyec
|o,[ifcially. should fix
IfRs^, They arc a rc|
I lie live. National mil
Idiitateof i)riidenee, Jy
licunoiny, and by the
Itwryage and countr}'
Jin that business. T
lirnmciit, created for
\f. pjnc to work amoi
ijK.r Louisiana, to give
Cloiibt. of the celebrate)
wjohn Law. For tl
Lre nor less than a j
lilt of the same ide
President, upon the
Imoii? the same hole
f lie's men in 1720; a
Iroken picks, and mot
Mbratcd projector, is
low at work ; and, thai
e wanting to complete
^ertnking. the task of
lorn these operations,
Jreminj, but to the l\
\ "Salines and salt spri
■ine system — reserved :
purjiose of raising
Jyself that I see the em
rstsm. The debate v
leks ago on the bill to
m salt, is every won
1 ivhich I have introdt
fecrved salt springs,
Urdingly, and shall ej
Ic advocates for the r
Icr the bill for the sale
It to the vote."

lArgument and sarcasn
lion to the mineral and
pte in which I lived-
1 act was passed in li
I mass of private propt
Icr public lands. An
liment, in that State, go
profitable pursuit; an
Jeholders instead of fed
Ibly R'ere developed in (
)pursuits of private ind
1 stagnated in the han(
lants. But it was co

ANNO 1828. JOHN QUIXCY ADAMS, I'RF^inKNT.

103

ifuse laii'ii
good land
ud mineral
salt water,
of tenantn |
ments :

bident, that I

lit will not I

iotisin, nor

ifuriortoi

Enii-*' rftriiatni-nt in politinnl wisdom. I do

If.;.! and iK'lieve that this whole system of holil-

, |.,j, lip land for the ri.se, endeavoring to make

pieiiiie out of tlie soil of the country, lca.«inp

L^l aiitiiii? h'ad min^.s, salt springs, and iron

iiinks with all it.s train of penal laws and civil

a:il inilit-'H'y agents, will Ijc condemned an<l abol-

i,;K"l. 1 trust that the President himself will

fivi' the siihjwt a jjlace in his next message, and

Hill the aid of his recommendation to the success

,,f fo preat an object. The mining operations,

e«[it'cially. should fix the attention of the Con-

pn-s. Tlioy are a reproach to the age in which

wi'livc. National mining is condemned by every

dutate iif prudence, by every maxim of political

liwnomy, and by the voice of experience in

jtvorv ft^'e and country. And 3-et we are engaged

Jin tiiat business. This splendid federal gov-

liriinicnt, created for great national purposes,

lha> pjnc to work among the lead mines of Up-

l<r Louisiana, to give us a second edition, no

[loiibt, of the celebrated " Mississippi Scheme "

pi John Law. For that scheme was nothing

more nor less than a project of making money

(i,it of the same identical mines. Yes, Mr.

fiosident, upon the same identical theatre,

Imoiift the same holes and pits, dug by John

air's men in 1720; among the cinders, ashes,

broken picks, and mouldering furnaces, of that

ik'brated projector, is our federal government

|o«- at work ; and, that no circumstance should

; wanting to complete the folly of such an un-

liTtaking. the task of extracting "revenue"

hra these operations, is confided, not to the

freamiry, but to the ll^ar Department.

Salines and salt springs are subjected to the
mne system — reserved from sale, and leased for
pnriiose of raising revenue. But I flatter
Ijself that I see the end of this branch of the
stem. The debate which took place a few
leeks ago on the bill to repeal the existing duty
on salt, is every word of it applicable to the
1 which I have introduced for the sale of the
Iserved salt springs, I claim the benefit of it
Kordingly, and shall expect the support of all
^c advocates for the repeal of that tax, when-
ler the bill for the sale of the salines shall be
It to the vote."

lArgumcnt and sarcasm had their cficct, in re-
lion to the mineral and saline reserves in the
pte in which I lived — the State of Missouri.
1 act was passed in 1828 to throw them into
[ mass of private property — to sell thom like
bcr public lands. And thus the federal gov-
nmcnt, in that State, got rid of a degrading and
profitable pursuit ; and the State got citizen
Jclioldcrs instead of federal tenants; and pro-
kbly were developed in the hands of individuals
[pursuits of private industry which languished
I stagnated in the hands of federal agents and
nnts. Hut it was continued for some time

longer (so far as lead ore was conriTnt'dj on the
I'piwr Missi.ssippi, and until an ar^rument ar-
rived which commanded the respect of the U';;is-
lature: it was the argument of protit and loss — an
argument which often touches a nerve which is
dead to reason. Mr. Polk, in his niessjipe to
Congress at the session of 184')-'4*1 (the first of
his administration), stated that the expenses of
the system during the preceding four years —
tho.so of Mr. Tyler's administration — were twen-
ty-six thousand one himdrcd and eleven dollars,
and elcTcn cents ; and the whole amount of rents
received during the same period was six thou-
sand three hundred and fifty-four dollars, and
seventy-four cents : and recommended the aboli-
tion of the whole system, and the sale of the re-
served mines ; which was done ; and thus was
completed for the Upper Mississippi what I had
done for Missouri near twenty years before.

The advantage of giving land to those who
would settle and cultivate it, was illustrated in
one of my speeches, by reciting the case of
" Granny White " — well known in her time to
all the population of Middle Tennessee, and es-
pecially to all who travelled south from Nash-
ville, along the great road which crossed the
"divide " between the Cumberland and Ilarpeth
waters, at the evergreen tree which gave name
to the gap — the Holly Tree Gap. The aged
woman, and her fortunes, were thus introduced
into our senatorial debates, and lodged on a page
of our parliamentary history, to enlighten, by
her incidents, the councils of national legisla-
tion:

" At the age of sixty, she had been left a
widow, in one of the counties in the tide-water
region of North Carolina. Her poverty was so
extreme, that when she went to the county
court to get a couple of little orphan grandchil-
dren bound to her, the Justices refused to let
her have them, because she could not give security
to keep them off the parish. This compelled her
to emigrate ; and she set off with the two little
boys, upon a journey of eight or nine hundred
miles, to what was then called " the Cumberland
Settlement." Arrived in the neighborhood of
Nashville, a generous-hearted Irishman (his
name deserves to be remembered — Thomas
McCrory) let her have a corner of his land, on
her own terms, — a nominal price and indefinite
credit. It was fifty acres in extent, and com-
prised the two faces of a pair of confronting hills,
whose precipitous declivities lacked a few de-
grees, and but a few, of mathematical perpendic-
ularity. Mr. B. said he knew it well, for he had
seen the old lady's pumpkins propped and sup*

- , ■ "i

t ■ i

1-=

106

THIRTY YEARS' VIEW.

j>orto(l with stakes, to jiri'vent tlifir ponderous
wtijclit from ttariii^ up the vine, and rolling to
tlic Ijoltoni of the hillH. There was just room at
. their ha.se for a road to run hetween, and not
room for a house, to find a level place for its foiin-
(lulion ; for which pur|>ose a [lart of the hill had
to be (liijj awa}'. Vet, from tluM hoj)eless l>egin-
iiiu^', Willi the advanta-io of a little jiieco of
friounil that was her own, this nj.'t.'d widow, and
two little grandchildren, of eifrht or nine yeans
old, ailvanced herself to comparative wealth:
money, slaves, hor.scs, cattle; and her fields ex-
tended into the valley below, and her orjjhan
pandcliildren, raised up to honor and indepen-
dence : these were the fruits of economy and in-
dustry and a noble illustration of the advantage
of giiHii^ land to the poor. But the federal gov-
ernment would have demanded sixty-two dollars
and fifty cents for that land, cash in hand ; and
old (iranny White and her grandchildren might
have lived in misery and sunk into vice, before
the opponeuLs of this bill would have taken Ic e."'

I quoted the example of all nations, ancient
and modern, republican and monarchical, iu fa-
vor of giving lands, in parcels suitable to their
wants, to meritorious cultivators ; and denied
that there was an instance upon earth, except
that of our own federal government, which made
merchandise of land to its citizens — exacted the
highest price it could obtain — and refused to suf-
fer the country to bo settled until it was paid
for. The " promised land " was divided among
the children of Israel — the women getting a share
where there w'as no man at the head of the
family — as with the daughters of Manasseh. All
the Atlantic States, when British colonies, were
settled upon gratuitous donations, or nominal
sales. Kentucky and Tennessee were chiefly
settled in the same way. The two Floridas, and
Upper and Lower Louisiana, were gratuitously
distributed by the kings of Spain to settlers, in
quantities adapted to their means of cultivation
— and with the whole vacant domain to select
from according to their pleasure. Land is now
given to settlers in Canada ; and £30,000 ster-
ling, has been voted at a single session of Par-
liament, to aid emigrants in their removal to
these homes, arid commencing life upon them.
The republic of Colombia now gives 400 acres to
n settler : other South American republics give
more or less. Quoting these examples, I added :

" Such, ]Mr. President, is the conduct of the
free republics of the South. I say republics :
for it is the same in all of them, and it would be
tedious and monotonous to repeat their numerous
decrees. In fact, throughout the New World,

fiom Hudson's Bay to Capo Horn (with if,
single exception of these Lnited States), 1,.,,^ I
the gifl of (jo<1 to man, is also the gilt of ii^j
government to its citizens. Nor is this wy
policy conflne<l to the New World. It jireviu
even in Asia ; and the present age has sien—ff, ■
ourselves have seen — published in the capit.ij ,|f f
the European world, the proclamation of tf,,|
King of Persia, inviting Christians to go to tt, I
ancient kingdom of Cyrus, Cambyscs and Wr\\
us, and there receive gifts of land — first nite. no; I
refuse — with a total exemption from taxes, anil
the free enjoyment of their religion. Here is the |
proclamation : listen to it. ■

The Proclamation.

"^ Mirza Mahomeil Saul, Ambassador to En;. I
land, in the name, and by the authority of .^^.1
has Mirza, King of Persia, offers to those whol
shall emigrate to Persia, gnvtuitous grants off
land, good for the production of wheat, barlevj
rice, cotton, and fruits, — free from taxes or contri^f
buttons of any kind, and with the free enjoyimnt
of their religion; the king's object being io|

LMPHOVE HIS COUNTRY.

"'London, July 8th, 1823,'"

The injustice of holding all lands at one uoi-l
form price, waiting for the cultivation of thego«i|
land to give value to the poor, and for the poorestl
to rise to the value of the richest, was shown in J
reference to private sales, of all articles ; in tbl
whole of which sales the price was graduated tol
suit different qualities of the same article. Hiel
heartless and miserly policy of waiting fj
government land to be enhanced in value bytlie|
neighboring cultivation of private land, was d
nounced as unjust as well as unwise. The nem
States of the West were the sufferers by this fed
cral land policy. They were in a diflerent con]
dition from other States. In these others, thg
local legislatures held the primary disposal of th^
soil, — so much as remained vacant within tha
Ihnits, — and being of the same community, mad
equitable alienations among their constituontsj
In the new States it was different. The fcder
government held the primary disposition of tliJ
soil 5 and the majority of Congress (being iniii
pendent of the people of these States), was les
heedful of their wants and wishes. Theywcpei^
a stepmother, instead of a natural mother:
the federal government being sole purchaser fro
foreign nations, and sole recipient of Indian c
sions, it became the monopc iizcr of vacant M
in the West : and this monopoly, like all mont
polies, resulted in hardships to those upon whoi
it acted. Few, or none of our public men. 1

CHAPTE

ANNO 1928. JOHN QUINCY ADAM.S, riU>II>i:NT.

107

njHii thtir voice against t)ti:i hard jiolicy b«forc

litiiic into the national councils. My own was

|i.> n nu>i<i tlierc ap;ainst it : and it Ls certain that

I) ^eat aniuliuratioii \ms taken ]>lacc in oiir

Ifoloral land policy dnring my time : and that the

:,atimont of Congress, and that of the public

• n. rally. ha.'J become much more liberal in land

Lknations; and is approximating towards the

luutliccnt .systems of the rest of tho world. But

\\K members in Congress from the new States

Ifh'iild not intermit their e.xertions, nor vary

ItLur [wlicy ; and should fix their eyes steadily

lii>.n the period of the speedy extinction of the

K^lifal title to all the lands within tho limits

tf their respective States ; — to bo cflected by

trc-tinption rights, by donations, and by the

ulo (of so much as shall be sold), at graduated

prices,— adapted to the different qualities of the

tcts, to be estimated according to tho time it

i amained in market unsold — and by liberal

nt.5 to objects of general improvement, both

lational and territorial.

CHAPTER XXXVI.

SJIOM OP A PART OF THE TERRITORY OF
AKKANSAS TO TUE CHEROKEE INDIANS.

^KANSAS was an organized territory, and

liJbccn so since tho year 1819. Her western

bundary was established by act of Congress in

[ay 1824 (chiefly by the exertions of her then

[legate, Henry W. Conway), — and was an ex-

ision of her existing boundary on that side ;

I for national and State reasons. It was an

Ibide territory — beyond the Mississippi — a

Intier both to Mexico (then brought deep into

Valley of tho Mississippi by the Florida

laty which gave away Texas), and to the nu-

pus Indian tribes then being removed from

1 South Atlantic States to tho west of the

iFsissippi. It was, therefore, a point of national

|icy to make her F*rong — to make her a first

> State, — both for her own sake and that of

i Union, — and equal to all the exigencies of

[ advanced and frontier position. The exten-

1 was on the west — the boundaries on the

ler throe sides being fixed and immovable —

and added a firtilo belt — a pnralkloKrnin i>\'
forty miles by three hnndrc<l alon^ lur wholu
western border — and whi(;h wn.s necessary to
compensate for the .swamp land.s in front on the
river, and to give to her certain viilu:i!)lo salt
springs there existing, and naturally ajipurtennnt
to the territory, and essential to its inhabitant.'*.
Even with this extension tho territory wa.s still
deficient in arable land — not as strong as her
frontier position require<l her to be, nor suscepti-
ble (on account of swamps and sterile districts)
of the population and cultivation which her su-
perficial contents and largo boundaries would im-
ply her to be. Territorially, and in mere extent,
tho western addition was a fourth part of the ter-
ritory : agriculturally, and in capacity for popula-
tion, tho addition might be equal to half of the
whole territory ; and its acquisition was celebrat-
ed as a most auspicious event for Arkansas at the
time that it occurred.

In the month of May, 1828, by a treaty nego-
tiated at Washington by the Secretary at AVar,
Mr. James Barbour, on one side, and the chiefs of
the Cherokee nation on the other, this now west-
ern boundary for the territory was abolished —
the old line re-established : and what had been an
addition to the territory of Arkansas, was ceded to
the Cherokees. On the ratification of this treaty
several questions arose, all raised by myself—
some of principle, some of expediency— as, whether
a law of Congress could be abolished by an Indian
treaty ? and whether it was expedient so to re-
duce, and thus weaken tho territory (and future
State) of Arkansas? I was opposed to the
treaty, and held the negative of both questions,
and argued against them with zeal and perse-
verance. Tho supremacy of the treaty-making
power I held to be confined to subjects within
its sphere, and quoted " JcfTerson's Manual," to
show that that was the sense in which tho clause
in the constitution was understood. Tho treatj*-
making power was supreme ; but that suprem-
acy was within its proper orbit, and free from
the invasion of the legislative, executive, or judi-
cial department. The proper objects of treaties
were international interests, which neither party
could regulate by municipal law, and which re-
quired a joint consent, and a double execution, to
give it effect. Tried by this test, $tti this Indian
treaty lost its supremacy. Tho subject was one of
ordinary legislation, and specially and exclusively
confincil to Congress. 1 1 was to repeal a law which

108

TniRTY YEARS' VIEW.

ConfrrcsH lia<I niiulo in rclntion to territory ; nn<l to
rcviTsc tlie disiKisilion which Conj^ross liad mailc
of H part of its t;'rritory. To Confrrcss it l)c-
lonjccd to (lisposo of territory ; and to her it l»c-
lonfTcd to repeal her own laws. The treaty
avoided the word '•rep<al," while doing the
thing: it used tlie word "ttl)oli.sh" — which was
the same in effect, and more arrogant and
olfensive — not appropriate to legislation, and
evidently used to avoid tlio use of a word
which would challenge objection. If the word
" repeal " had been used, every one would
liave felt that the ordinary legislation of Con-
gress was flagrantly invaded ; and the avoidance
of that word, and the .substitu'ion of another of
the same meaning, could have no effect in legal-
izing a transaction which would bo condemned
under its proper name. And so I held the
treaty to be invalid for want of a proper subject
to act upon, and because it invaded the legisla-
tive dci)artment.

The inexpediency of the treaty was in the ques-
tion of crippling and mutilating Arkansas, re-
ducing her to the class of weak States, and that
against all the reasons which had induced Con-
gress, four years before, to add on twelve thou-
sand square miles to her domain ; and to almost
double the productive and inhabitable capacity
of the Territory, and future State, by the char-
acter of the country added. I felt this wrong
to Arkansas doubly, both as a neighbor to my
own State, and because, having a friendship for
the delegate, as well as for his territory, I had ex-
erted myself to obtain the addition which had
been thus cut off. I argued, as I thought, con-
clusivelj' ; but in vain. The treaty was largely
ratified, and by a strong slaveholding vote, not-
withstanding it curtailed slave territory, and
made soil free which was then slave. Anxious
to defeat the treaty for the benefit of Arkansas,
I strongly presented this consequence, showing
that there was, not only legal, but actually
slavery upon the amputated part — that these
twelve thousand square miles were inhabited,
organized into counties, populous in some parts,
and with the due proportion of slaves found in a
uouthern and planting State. Nothing would
do. It was a southern measure, negotiated, on
the record, by a southern secretary at war, in
reality by the clerk JIcKinney ; and voted for
by nineteen approving slaveholding senators
ogaiust four df-sscnting. The afliiraative vote

i wn«; Messrs. Barton, Berrien, Bouligny, Rrj,x.«
Ezeklel Chanilwrs, Cobb, King of Alahaini
.McKinley, McLanc of Delaware, Macon, Iii,u
ly, Smith of Maryland, Smith of South CaroliJ
John Tyler of Virginia, and Williams of jji,
sissippi. The negative was, Messrs. I^entnJ
Eaton, Rowan, and Tazewell.— Mr. Cull,,
was then Vice-President, and did not vote • U
he was in favor of the treaty, and assisted j]
ratification through his friends. Thollo;i>or
Kepresentatives voted the appropriations to can
it into effect; and thus acquiesced in the rot^;
of an act of Congress by the President. Si'i:aJ
and Cherokee Indians ; and these nppropriatioj
were voted with the general concurreiioe of iJ
southern members of the House. And (|,„
another slice, and a pretty largo one (twdj
thousand square miles), was taken off of slaJ
territory in the former province of Louisiai
which about completed the excision of \\\
had been left for slave State occupation nfn
the Missouri compromise of 1820, nnl [U
cession to Texas of contemporaneous duce, y]
previous cessions to Indian tribes. And
this was the work of southern men, who il i
saw no objection to the Congressional hx
lation which acted upon slavery in tiriil
tork^ — which further curtailed, and even tj
tinguishcd slave soil in all the vast c.\panJ
of the former Louisiana — save and except tl/
comparative little that was left in the State «
Missouri, and in the mutilated Territory of .\i
kansas. The reason of the southern mcmbeij
for promoting this amputation of Arkansas J
favor of the Cherokees, was simply to ml
in inducing their removal by adding the
part of Arkansas, with its salt springs, to i
ample millions of acres west of that tcrriloij
already granted to them; but it was a
tuitous sacrifice, as the largo part of the tnli|
had already emigrated tc the seven millkt
of acres, and the remainder were \vaitingfi(
moneyed inducements to follow. And beside
the desire for this removal could have no (
upon the constitutional power of Congress l
legislate upon slavery in territories, or uponi!
policy which curtails the boundaries of a futol
slave State.

I have said that the amputated part of I
kansas was an organized part of the territottj
divided into counties, settled and cultiratd
Now, what became of these inhabitants ?-tlii

CHAPTER

AXXO 1829. JOHN t;UlNCY ADAMS, PUESIDKNT.

100

Lunrty ? and possessions ? They were bouglit
^t bv tlic fitlornl govcrnnifnt ! A simultanfous
.t was passed, making a donation of three hun-
u,,l and twenty acres of land (within the re-
fining part of Arkansas), to each head of a
milv who would retire from the amputated
j,ri- and subjecting all to military removal
lijit tlitl not retire. It was done. They all
Xj,i|,irew. Three hundred and twenty acres of
kid in front to attract them, and regular troops
J the rear to push them, presented a motive
turer adequate to its object ; and twelve thou-
uid square miles of slave territory was evacu-
toi by its inhabitants, with their Hocks, and
Itnls, and slaves; and not a word was said
)cut it ; and the event has been forgotten. But
I is necessary to recall its recollection, as an
Lportant act, in itself, in relation to the new
lute of Arkansas — as being the work of the
louth— and as being necessary to be known in
[dcr to understand subseiiuent events.

CHAPTER XXXVII.

tsEWAL OF THE OHEGON JOINT OCCUrATION
CONVENTION.

\x American settlement at the mouth of the
plumbia, or Oregon, was mode in 1811. It was
1 act of private enterprise, done by the eminent
jerchant, Mr. John Jacob Astor, of New- York ;
the young town christened after lus own
me, Astoria : but it was done with the conu-
sance and stipulated approbation of the gov-
nent of the United States ; and an officer of
[ United States navy — the bravo Lieutenant
lorn, who was with Decatur at Tripoli, and
\o afterwards blew up his ship in Nootka
nd to avoid her capture by the savages
Bowing himself, crew and savages all into the
|),— was allowed to command his (Mr. Astor's)
ng vessel, in order to impress upon the en-
prisc the seal of nationality. This town was
|)turcd during the war of 1812, by a ship of
r detached for that purpose, by Commodore
plyar, commanding a British squadron in the
Icific Ocean. No attempt was made to recover
paring the war; and, at Ghent, after £ome ef-

fortJt on the part of the British commissioner",
to set up a title to it, its restitiition was slipii-
late<l under the general clause which jiroviilod
for the restoration of all places captureil by
either party. But it was not restored. An
empty ceremony was gone throu(:h to satisfy the
words of the treaty, and to leave the place in the
bonds of the British. An American agent, Mr.
John Baptist Prevost, was sent to Valparaiso, to
go in a British sloopof war (the Blossom) to receive
the place, to sign a receipt for it, and leave it in
the hands of the British. This was in the au-
tumn of the year 1818 ; and coincident w ith that
nominal restitution was the conclusion of a con-
vention in London between the United States
and British government, for the joint occupation
of the Columbia for ten years— Mr. GiJlatin
and Mr. Rush the American negotiators — if
those can be called negotiators who arc tied
down to porticulur instructions. The joint occu-
pancy was provided for, and in these words :
'• That any country claimed by either party on
the northwest coast of America, together with its
harbors, bays, and creeks, and the navigation of
all rivers within the same, be free and open, for
the term of ten years, to the subjects, citizens,
and vessels of the two powers ; without preju-
dice to any claim which either party might have
to any part of the country." — ^I v\'as a practising
lawyer at St. Louis, no way engaged in politics,
at the time this convention was published ; but
I no sooner saw it than I saw its delusive nature
— its one-sidedness — and the whole disastrous
consequences which were to result from it to the
United States ; and immediately wrote and pub-
lished articles against it : of which the following
is an extract :

" This is a specimen of the skill with which
the diplomatic art deposits the seeds of a new
contestation in the assumed settlement of an ex-
isting one, — and gives unequal privileges in words
of equality, — and breeds a serious question, to bo
ended perhaps by war, where no question at all
existed. Every word of the article for this joint
occupation is a deception and a blunder — sug-
gesting a belief lor which there is no foundation,
granting privileges for which there is no equiv-
alent, and presenting ambiguities which require
to be solved — peradventurc by the sword. It
speaks as if there was a mutuality of countries
on the northwest coast to which the article was
applicable, and a mutuality of benefits to accrue
to the citizens of both governments by each occu-
pying the country claimed by the other. Not
so the fact. There is but one country in ques-

110

TlllIlTV YKARS" VIEW.

tion. ntn! that is our own ;— nnd of f his the Brit-
ish sire to have rqiml jtos-H-Rsion with oiirsclvcH,
iiDil we no |K)8si'ssion of tlicirn. 'J'lic Cohiinbia
is ours ; FrnzcrV liivi-r is a Uritish |)o.sHfssion to
wJiicli no AriK'rirnn ever went, or ever will go.
'J'lu' convcntioti frivos n joint ri;.'ht of orcupyinjj
tiio i»<>rt.s nnd ImrlxtrH. and of niivijyatinj? tho
riviTH of each other. 'Jhis would itnply tluit each
jroverntncnt jiosscKSi'd in that quarter, jiorts, anil
liarhorH, and navij;al>lo riverH ; and were alxiut
to bring them into hotch-iioteh for mutual en-
joyment. No such thinp. There is hut one port,
and that the n.outh of the (Jolumhia — but one
river, nnd that tho CoIun)})ia itself: and both
port and river our own. AVc pive tho equal use
of these to tho Uritish, and receive nothing in re-
turn. Tiio conventi(m says that tho "claim" of
neither party is to be jirejudiced by tho joint
possession. This admits that (ireat Uritain has
a claim — a thing never admitted Inifore by us,
nor pretended by her. At (Jhent sho stated no
claim, and could stftto none. Her ministers
merely askod for the river as a boundary, as bo-
i:ig tho most convenient ; and for tho use of tho
harbor at its mouth, as being necessary to their
ships and trade ; but stated no claim. Our com-
missioners reported that thoy (tho British com-
missioners) endeavored ' to lay a nest-egg ' for
a future pretension ; which they failed to do at
Ghent in 1815, but succeeded in laying in Lon-
don in 1818 ; and before tho ten years arc out, a
full grown fighting chicken will bo hatched of
that egg. There is no mutuality in any thing.
Wo furnish tho whole stake - country, river,
harbor; and shall not even maintain tho joint
use of our own. Wo shall be driven out of it,
and tho British remain sole possessors. The fur
trade is tho object. It will fare with our traders
on tho Columbia under this convention as it
fared with them on tho Miami of the Lakes Tand
on tho lakes themselves), under tho British
ticaties of 'D4 and 'i)0, which admitted British
traders into our territories. Our traders will be
driven out ; and that by the fair competition of
trade, even if there should bo no foul play. The
ditrcrcnco between free nnd dutied goods, would
work that result. The British traders pay no
duties : ours pay above an average of fifty per
centum. No trade can stand against such odds.
But tho competition will not be fair. The sav-
ages will be incited to kill and rob our traders,
nnd they will be expelled by violence, without
waiting the slower, but equally certain process,
of expulsion by underselling. The result then
i^, that wo admit tho British into our country,
our river, and our harbor ; and wo get no admit-
tance into theirs, for they have none — Frazer's
River and New Caledonia being out of the ques-
tion — that they will become sole possessors of
our river, our harbor, and our country ; and at
the end of the ten years will have an admitted
' claim ' to our property, nnd the actual posses-
sion of it."

Thus I wrote in the year 1818. when the joint

occupation convention of thot year km proi,.
gntwl. I wrote in arlvanco ; nnd long Ixfnn. (ij
ten years were out, it was all far more ttjJ
verified. Our traders were not only driven fr
the mouth of tho Columbia River, but from ■]
its springs and branches; — not only from all i'
Valley of tho Columbia, but from tho whole rJ
gion of tho Rocky Moimtains between 4[i a J
42 degrees ;— not only from all this moum-J
region, but from tho tipper waters of all our i
distant rivers— tho Missouri, tho Yellow St. nJ
tho Big Horn, tho North Platte ; nnd all tinJ
mountain tributaries. And, by authentic rctic-
made to our government, not less than five hJ
dred of our citizens had been killed, nor Icssthu
five hundred thousand dollars worth of poJ
and furs robbed from them ; — the Britisli rel
maining tho undisturbed possessors of all tJ
Valley of tho Columbia, acting as its masters, anl
building forts from the sea to tlio mountaij
This was tho cfToct of tho first joint occiipatij
treaty, and every body in tho West saw its ti
preaching termination with pleasure ; but i
false step which tho government had made iJ
duced another. They had admitted a"c!ainl
on tho part of Great Britain, and given hertij
solo, under tho name of a joint, possession ; A
now to get her out was the difficulty. It coiji
not bo done; and tho United Sta c agreed toj
further continued "joint " occupation (as it A
illusively called in tho renewed convention), dJ
for ten years more, but " indefinitely, " detcnnij
able on one year's notice from either partv ll
the other. The reason for this indefinite,
injurious continuance, was sot forth in the pJ
amble to the renewed convention (Mr. Gallati
now the sole United States negotiator);
recited that the two governments " being de.«irol
to prevent, as far as possible, all hazard of ml
understanding, and with a view to give furltJ
time for maturing measures which shall havei
their object a more definite settlement of t|
claims of each party to tho said territory i
thereupon agree to renew the joint occupatiJ
article of the convention of 1818, &c. Thus, i
had, by our diplomacy in 1818, and by thep
mittcd non-execution of the Ghent treaty in tl
delivery of the post and country, hatchdl
question which threatened a " misunderstand]
between the two countries ; and for matnn
measures for tho settlement of which iiidcli
time was required — and granted — Great Briaj

ANNO 18'M. JOHN QUINCY AHAIH, runslPFNT.

Ill

l^^iiiii^r. in tho moan timo, «i)le occupant of the

„|o I oiiiitry. TliM wnn all that hIic could avk,

L-ilall thiit wo coulil prnnt, even if wo actually

,n!i'<l to (five up tho country.

I »■».< n nK'nitx-T of Iho Senate when thin ro-

It.trcl roiivuntion was N^^nt in for ratification,

|ii,'l o|<|M>sc<l it with all thu zeal and ability of

lihii'li I ^^'^^ nioHter : hut in rain. The weight

tdc administration, tho indiirercnce of many to

inniotc object, tho desire to put oira difliculty,

](| the delusive argument that wo could terminate

jtai any time — (a consolation so captivating to

pjtlc tompcraments) — were too strong for rea.son

uJ fact ; and I was left in a small minority on

llie question of ratification. But I did not limit

fcr>elf to opjwsition to tho treaty. I proposed,

j«!l as opposed; and difccstcd my opinions

lito tl'cc resolves ; and had them spread on the

iSKUt'Ve journal, and mado part of our parlia-

bcntfif v" history for future reference.

Thi; asolvcs were: 1. " That it is not expc-
lent fir tho United States and Great Britain to
let further in relation to their claims on the
Lrthwcst coast of America, on the basis of a
joint occupation by their respective citizens. 2.
lat it is expedient that the joint-occupation
Irticle in the convention of 1818 be allowed to
pirc upon its own limitation. 3. That it is ex-
jient for the government of the United States
|i continue to treat with His Britannic Majesty
I relation to said claims, on the basis of a so-
ution of interests, and the establishment of a
krmtinent boundary between their dominions
btward oi" tho Rocky Mountains, in the short-
It possible time. " These resolves were not
j;ed upon ; but the negative vote on the rati-
Btion of the convention showed what the vote
loiikl have been if it had been taken. That
sitive vote was — Messrs. Benton, Thomas
, Cobb of Georgia, Eaton of Tennessee, Ellis
I Mississippi, Johnson of Kentucky, Kane of
linois, and Rowan of Kentucky — in all 7.
[ghtccn years afterwards, and when we had
I to the cry of " inevitable war, " I had the
[itilication to see the whole Senate, all Congress,
d all the United States, occupy the same ground
l.clation to this joint occupation on which only
ten senators stood at the time the conventron
it was ratified.

CIIAPTKU XXXVIII.

l'KWn)F.NTIA[. ri.KCTIOV OF ISH AMI Kl KTIIK.R
KUKolI.S (iK Mo.V:*. UK Tut t^l l.VII.I.i:,

Geneh-m, JArK^oN and Mr. Adams were the
candidates ; — with tho latter, Mr. Clay (his
Secretary of State), so intimately associated in
tho public mind, on account of the circunistanres
of tho previous presidential election in tho House
of llepresentativcs, that their names and intcn-sts
were inseparable during tho canvass, (icncral
Jackson was elected, having received 178 elec-
toral votes to 83 received by Mr. Adnnis. Mr.
Richard Rush, of Pennsylvania, was tho vice-
presidential candidate on tho ticket of Mr. Adams,
and received an equal vote with that pcntlcnian :
Mr. Calhoun was tho vice-presidential candidate
on tho ticket with General Jackson, an<l receiv-
ed a slightly less vote — tho deficiency being in
Georgia, where the friends of Mr. Crawford still
resented his believed connection with tho " A. B.
plot." In the previous election, ho had been
neutral between General Jackson and Mr. Adams }
but was now decided on tho part of tho General,
and received the same vote every where, except
in Georgia. In tbis election there was a circum-
stance to bo known and remembered. Mr.
Adams and ilr. Rush were both from tho non-
slaveholding— General Jackson and Mr. Cal-
houn from tho slaveholding States, and both
large slaveowners themselves — and both receiv-
ed a largo vote (73 each) in the free States —
and of which at least forty were indispensable to
their election. There was no jealousy, or hos-
tile, or aggressive spirit in tho North at tha,t
time against the South !

The election of General Jackson was a triumph
of democratic principle, and an assertion of tho
people's right to govern themselves. That prin-
ciple had been violated in the presidential elec-
tion in the House of Representatives in the ses-
sion of 1824-'25 ; and the sanction, or rebuke, of
that violation was a leading question in the whole
canvass. It was also a triumph over the high
protective policy, and the federal internal im-
provement policy, and the latitudinous construc-
tion of the constitution ; and of tho democracy
over the federalists, then called national repulj-
licans ; and was the re-establishment of parties
on principle, according to the landmarks of the

-i '■ : <v

". I

112

TIIIUTY YKAILV VIKW".

• nrly tK''" "f ''"> K«»verniiiint. For nltliDiidh
Mr. Ailuiim liu'l n'ccivr<l roiidilfnco niiil (illl<'C'
fiori) Mr. Mii'tisnn and Mr. M<inri>o, nml h»<l
rinswd Willi tho di'iiKMrulif pnrty iluriiiK tli''
fiisi'in of larticH in thu ''era of f^wA fceliii;:,"
yvl lif IiikI imviou.sly Inen fi'donil ; niid in Ihc
n-'-cslaljlislinii-nt of old fwrty linos which In-jran
to tiiki! |p1iicc afttr lliu iltrtion of Mr. Adams in
till' IIou>i' of lli'|in-sontativ('H, his aflinitii-s, and
|x)lioy, lacnrnc those of his former party : and as
u |mrty, with many individual exceptions, they
liecame his siiii|H)rterH and his Ktrepj;th. (<tn-
eral Jackson, on tho contrary, liad always Leon
di'mwrnlic, so dassinf; when he was a senator in
Con^^nss under tho administration of the first
Mr. Adams, ond when party lines were most
straijjlitly drawn, and ujion i)rinciple: and as
such now rcwivinfc tho support of men and
States which took their political position at that
ti'ne, and had maintained it ever since — Mr.
Macon and Mr. Randolph, for example, and the
States of Virj;inia and Pennsylvania. And hero
it becomes my duty to notice an error, or a con-
(;eries of errors, of Mons. do Toc<iueville, in rela-
tion to the causes of General Jackson's election ;
and which he finds exclusively in tho glare of a
military fame resulting from " a very ordinary
achievement, only to bo remeWibertd where bat-
ties are rare." llo says :

" General .Jackson, whom the Americans have
twice elected to the head of their ','overnment, is
a man of a violent temper and ine^'iocrc talents.
No one circumstance in the whole co.irso of his
career ever proved that ho is qualified to govern
a free jwoplc ; and, indeed, the majority of the
enlightened classes of the Union has always
been opiKJsed to him. But he was raised to the
Presidency, and has b;;en maintained in that
lofty station, solely by the recollection of a vic-
tory which he gained twenty j-ears ago, under
the walls of New Orleans ;— a victory which,
however, was a very ordinary achievement, and
which could only be remembered in a country
where battles are rare." — (Chapter 17.)

This may pass for American history, in Europe
and in a foreign language, and even finds abet-
tors here to make it American history in the
United States, with a preface and notes to en-
force and commend it: but America will find
historians of her own to do justice to tho nation-
al, and to individual character. In the mean time
I have some knowledge of General Jackson, and
the American people, and the two presidential
elections with which they honored the General ;

and will op|»«>s«' it, that is, my knowKdifp, („,i
tlippant and HJiallow HtatementN of .Mimis, ij,. | ,
(|iu'villc. " A iniin iif viiilt'iil tfiiiftfry |,||,„(
to know Hoinetliing about that — conteuiiiorjr„
w ill understand tho allusion — and I can siy (uj
Cieneral Jack.son had a good tcmiH-r, kind ivj
hospitable to every body, and a feeling of proi«
tion in it for the whole human race, ami ot.
cially tho weaker and humbler part of it. \U\A
few quarrels on his own account ; and linilmi, ,
tho very ones of which Mons. do Toc(|iitvi||(. ijj
heard were accidental, against lii,s w ill. nri,|
tho succor of friemls. '• Mrdiocre tnknt. uA
no capacity to gurem a free peopie.^^ In
first place, free jn-ople are not govenuil livm,j
man, but by laws. Jlut to understand the |,lira^
an pi'rhaps intended, that he had m. ni|iii('itvi
civil administration, let the condition of thu roiinJ
try at the rc.sjwctivo periods when ho tiMik J
and when )io laid down the admiiiistraii
answer, lie found the country in donii',stic mj
tress — pecuniary distress — and the national ui
state legislation invoked by leading politjcjansi
relieve it by empirical remedies; — tarill's, lo rej
lieve one part of tho community by taxin" J
other; — internal improvement, to distribute puj
lie money ; — a national bank, to cure tho paw
money evils of which it was tho author ;-tl<
public lands the pillage of broken bank [inpir;-
depreciated currency and ruined cxc'-.angcs J
a million and a half of "unavailable funds' j
the treasury ; — a large public debt ; — the publjl
money tho prey of banks ; — no gold in the com
try — only twenty millions of dollars in silrij
ar.d that in banks which refused, when tin
pleased, to pay it down in redemption of tb
own notes, or even to render back to dtposito
Stay laws, stop laws, rejilcvin laws, basele^
paper, the resource in half the States to save il
debtor from his creditor ; and national bankrJ
laws from Congress, and local insolvent laws.}
the States, the demand of every session, Indi
tribes occupying a half, or a quarter of the ami
southern States, and unsettled questions of v
arid insult, with half the poweis of i'.wA
Such was tho state of the countiy when (lineij
Jackson became President : what wan it v\t
he left the Presidency? Protective t.-iiilfs,!
federal internal improvement di.scankd; tlicn
tional bank left to expire upon its own liniid
tion ; the public lands redeemed from tlic pilla
of broken bank paper; no more ''unavailil

ANXO L«.i8. JollN Ql'INtV AI-AM-t. rKI>IlH:ST.

113

1 .,,[s ; " uii al)tiiiilntit p"M «ni| nIIvit ctirri'tirv ; I
[;,f |iiil>li<' "Kilt |miil nil; tlic triU'iiry iiiiulc I
ii,J(|icn'< lit «f l>uiil\s; tilt) ImliiUi tnlK'.n rt'iimv- '
,1 fpiiii till-' Sittics; inilciunitif.H DlitniiKMl from I
,; fiirii^'ii |i«)\virs fur nil jmst ajTRnssions, nnd
i,ni.»v ones (•oiiiiiiiHo<l ; wviral tri'atii-H olitnin- '
^! iriiiii pn'ol iKiwcrs lliut iii'vcr would trc«t
I ,i;|i im licfiire ; |h.'iii"o, frii'ii'l.s)ii|), niid poinnuTcc
I mill nil tilt! world ; nnd the nii'n.siin.'S('stal)li.ilied
I niiich, "•"'•IT '^'1'^' fc'i'<''»t coiiliict with the exjiirinR '
i;.i!ilk'if till- l'iiitt'(l StatcH, and all Fht allllmti'd '
||.jiiki« in l!S'!7, put an end to bank dominion in i
iVl'iiiti'd Stiiti's, and all its train of contractions
I 111 I'XiiiinsionH, jianic and KiispcnHion, distross
I ml t'iiip<i'>''!*l ri'liff. This Ih thi} nuHWcr which
jiin. rcsiKM'tivc jK'riods of the iK'ginnin); and the
Itiilmg of (it'Mcral Jackson's achuinistration
IpvoH to the flippant imputation of no capacity
Ifr civil irovcrumcnt. 1 pass on to tho next.
'The maj'^i'i'li/ of the enlh^htenerl classes at-
lUf opponfd It) h iiii." A majority of those class-
It: which -Alons. tic Tocqucvillo would chiefly see
111 he cities, and along tho highways — bankers,
lliiokcrs. jobbers, contractors, politicians, andspe-
silators — were certainly against him, nnd he as
rwinly against them ; but tho mass of the in-
gence of the country was with him! nnd
BJlaitR'il him in retrieving tho country from the
jtploralilo condition in which tho " enlightened
b^ses " had sunk it ! and in advancing it to tlint
btc of felicity nt homo, nnd respect abroad,
Ihih has made it tho envy nnd admiration of
le civilized world, and tho absorbent of popnla-
ions of Europe. I pass on. •' liaised to the Pre-
ikwj and viaintaiued there soleltj bij the
mlkctiim of the victory at New Orleans."
lire recollection, nnd military glare, reverse the
Ition of their ever previous attributes, and be-
Ime stronger, instead of weaker, upon the lapse
f time. The victory at New Orleans was gain-
iin the first week of the year 1815; and did
It bear this presidential fruit until fourteen nnd
|htecn years afterwards, and until three previ-
5 good seasons had passed without production.
|iere was a presidential election in 181G. when
t victory was fre.sh, and the country ringing,
il imaginations dazzled with it: but it did not
^kc Jackson Prcsidi.nt, or even bring him for-
irJ as a candidate. The same four years after-
Js, at the election of 1820 — not even a can-
to then. Four years still later, at the election
|1824. he became a candidate, and — was not
Vol. I.— 8

•Kjirtul;— rwtixttig but t''.* fUi'tiiral votes out o(
2(11. In »h* y»»r lM'>< ho wa.H first elect.d, re-
iviNin^ 17t< out of '201 votis; nnd in \s:)2 ho
wa.H • Hi'ctmil time elfc-ted, n-coiviin; 'Jl'.i out
"f 'J>S votes. Surely thero must have Im-i n
Miiiicthing be-sidt'S an old military recollection to
mako tlii'so two elerlions so iliHi-rcnt fron> the
t\\.» former; nnd thrre wiis! That somrthin;:
els<f was principle! an<l the same that I hitvt
stated in tho liej;inning «>f this chapter as enter-
ing into thccnnMtsK of If^'JS, and ruling its i.^-uf
I pass on to tho last ilisparngement. "A victory
which was a very ordinary achievement, and only
to Ih; rememlK'red where battles weio rare''
Such was not the battle nt New (irKiuH. It
was no ordinary achievement. It wv.s a victory
of 4.(11)0 citizens just called from their homes,
without knowledge of scientific war, umler a lead-
er as little .schooled as themselves in that parti-
cular, without other advantages than a sli^ilit
field work (a ditch and a bank of earth) hastily
thrown up — over double their numbers of
IJritish veterans, survivors of the wars of the
French Revolution, victors in the Peninsula and
at Toulouse, under trained generals of the Wel-
lington school, and with a disparity of loss never
before witnes.sed. On one side 700 killed (in-
cluding tho first, second and third generals);
1400 woundctl ; 500 taken prisoners. On the
other, six privates killed, nnd seven wounded ;
and tho total repulse of nn invading army which
instantly fled to its " wooden walls," and never
again plojctl a hostile foot on American soil,
SiiC'.v an ae'iii'jvcrrent is not ordinary, much less
"very" ordinary. Does Mona. de Toctiuevillc
judge the iniprrtnnco of victories by tho num-
bers engaged, .ind the quantity of blood shed,
or by their con.scquences ? If the former, tho
can.ionade on tho heights of Valmy (which was
not a battle, nor even a combat, but a distant
cannon firing in which few were hurt), must
seem to him a very insignificant afTair. Yot it
did what the marvellous victories of Champau-
bcrt, Montmirail, Chiteau-Thiorry, Vauchamps
and MonterOau could not do — turned back the
invader, and saved the soil of Franco from the
iron hoof of tho conqueror's horse! and <va9
commemorated twelve years afterwards by the
great emperor in a ducal title bestowed upon one
of its generals. The victory at New^ Orleans
did what the connonade at Valmy did — drove back
the invader ! and also what it did not do — de*

114

TIimTV YEARS* VIEW.

Rtriiy«'(J tlie one fourth part of his force. And,
tlii-rfforc, it is not to be (lispjirap'd, ami will not
Id', hy liny one wlio jii(l(.'is victories hy their
(■oii>e(|iU'iices, insteiul of by the numbers cngaperl.
And so the victory at New Orleans will remain
in history as one of the (rreat achievements of
the world, in spite of the low opinion which the
writer on American democracy entertains of it.
Hut .Afons. do Twqiievillc's disparagement of
Ckneral Jackson, and his achievement, docs not
Ktop at him and his victory. It goes beyond
l)Oth, and readies the American people, their re-
publican institutions, and the elective franchise :
It represents the people as incapable of self-
ji;overnment — as led off by a little military glare
to elect a man twice President wh.o had not one
qualification for the place, who was violent and
mediocre, and whom the enlightened classes op-
(Kised : all most unjustly said, but still to pass
for American history in Europe, and with some
Americans at home.

Ilcgard for Mons. de Tocquevillo is the cause
of this correction of his errors : it is a piece of
respect which I do not extend to the rifTrafT of
European writers who come hero to pick up the
gossip of the highways, to sell it in Europe for
American history, and to requite with defama-
tion the hospitalities of our houses. lie is not
of that class : he is above it : he is evidently not
intentionally unjust. But he is the victim of the
company which he kept while among us ; and his
book must pay the penalty of the impositions
Iiractiscd upon him. The character of our coun-
try, and the cause of republican government,
require his errors to be corrected : and, unhap-
pily, I shall have further occasion to perform
tliat duty.

CHAPTER XXXIX.

HETIRINO OF MR MACON.

Philosophic in his tomperamcr^t and wise in his
conduct, governed in all his actions by reason
and judgment, aud deeply imbued with Bible
images, this virtuous and patriotic man (whom
Mr, Jefferson called " the last of the Romans) "
had long fixed the term of his ix>Iitical existence
>t the age which the Psalmist assigns for the

limit of manly life : " The days of our yptirs ari
threes<'ore years and ten ; and if by reayon of
strength they be fourKcore years, yet is tl^.f
strength labor and sorrow, for it is soon cut olF
and we lly away. " He touched that a(^ i„
1828 ; and, true to all his purposes, he was fnie
to his resolve in this, and crecuted it with tlie
quietude and indifl'erencc of an ordinary transac-
tion, lie was in the middle of a third scnatoria!
term, and in the full possession of all his fiicultlt.^
of mind anil body ; but his time for retirement
had come— the time fixed by himself; but fijf,j
upon conviction and for well-considered reasons
and inexorable to him as if fixed by fate. To
the friends who urged him to remain to the end
of his term, and who insisted that his mind wps
as good as ever, he would answer, that it was
good enough yet to let him know that he ought
to quit ofiico before his mind quit him, and tiiat I
he did not mean to risk the fate of the Archbishop
of Grenada. He resigned his senatorial honors
as he had worn them — meekly, unostcntatiouslv,
in a letter of thanks and gratitude to the General i
Assembly of his State; — and gave to repose at
home that interval of thought and quietude \vl;ic!i
every wise man would wish to place between ihe |
turmoil of life and the stillness of eternity. He
had nine years of this tranquil enjoyment, a,., |
died without pain or sufiering June 29th, 1831,
— characteristic in death as in life. It was ci^ht I
o'clock in the morning when he felt that the su-
premo hour had come, had himself full-dressed I
with his habitual neatness, walked in the room
and lay upon the bed, by turns conversing kind- 1
ly with those who were about him, and showing I
by his conduct that he was ready and waiting,!
hurrying nothing. It was the death of Socrates, I
all but the hemlock, and in that full faith of I
which the Grecian sage had only a glimmering, I
H« directed his own grave on the point of a sterile I
ridge (where nobody would wish to plougi),!
and covered with a pile of rough flint-stone; I
(which nobody would wish to build with),(leeni-j
ing this sterility and the uselessness of this rock)
the best security for that undisturbed repose off
the bones which is still desirable to those wbc|
are indifferent to monuments.

In almost all strongly-marked characters thml
is usually some incident or sign, in early life I
wliich shows that character, and reveals to tlxl
close observer the type of the future man, Sol
it was with Mr. Macon. His firmness, bis pi' I

ANNO 1828. JOHN (jriNCV ADAM^, I'UESIDKNT

115

rriotism. his sclMenial. his devotion to duty
t..(l (lisrcp^rd of odlcc aivl t tnolnment ; liis mod-
f«tv, intejrritr, self-control, and Rulyection of
wnJuct to the convictions of reason and the dic-
ates of virtue, all so steadily excmplitied in a
Ion? lifo. were all shown from the early ajrc of
eiihtccn, in the miniature representation of indi-
n\u\ action, and only confirmed in the subse-
oiient public cxliibitions of a long, bcaiitiful, and
tialtcd career.

He was of that age, and a student at Princeton
1 oitllfge, it the time of the Declaration of Ameri-
csn Indciwndence. A small volunteer corps was
then on the Delaware. He quit his books, join-
cii it. served a torin, retjirned to Princeton, and
I rcfumed his rstudics. In the year 1778 the South-
ern States had become a battle-field, big with
their own fate, and possibly involving the issue
of the war. British fleets and armies appeared
there, strongly supported by the friends of the
I British cause ; and the conquest of the South
tas fully counted upon. Help was needed in
tiicse States ; and Mr. Macon, quitting college,
Iretamcd to his native county in North Carolina,
1 joined a militia company as a private, and march-
(td to South Carolina — then the theatre of the
Irnewj's operations. He had his share in all the
Ihinlships and disasters of that trying time ; was
lit the fall of Fort Moultrie, surrender of Charles-
Iton, defeat at Camden ; and in the rapid winter
Iretreat across the upper part of North Carolina.
Ill' was in the camp on the left bank of the Yad-
Ikin when the sudden flooding of that river, in
Ithe brief interval between the crossing of the
].\mcricans and the coming up of the British, ar-
sted the pursuit of Cornwallis, and enabled
IGrccne to allow some rest to his wearied and
bhausted men. In this camp, destitute of every
ng and with gloomy prospects ahead, a sum-
mons came to Mr. Macon from the Governor of
forth Carolina, requiring him to attend a meet-
bg of the General As.sembly, of which he had
Icon elected a member, without his knowledge,
fy the people of his county. lie refu.sed to go :
id the incident being talked of through the
lamp, came to the knowledge of the general.
Greene was a man himself, and able to know a
mil. He felt at once that, if this report was true,
(lis young soldier was no common character ; and
letermined to verify the fact. He sent for the
loung man, inquired of him, heard the truth,
ud then asked for the reason of this unexpected

conduct — tlii^ prof('rrn''P f'>r a suin'rir.": camp
over a romfnrtahlo scat in tlic (iiiifral Assciti-
bly ? Mr. M-icon answori'd him. in his qtiaint
and sontpiifioii'4 way, that ho had seen tin- farm
of the British m.-iny times, but had never seen
their backit, and meant to stay in the nnny till
he did. nrccne instantly saw the material tin-
young man was made of, and the handle by
which he was to be worked. That material was
patriotism ; that handle a .sense of duty ; and
laying hold of this handle, he quickly woikeil
the young soldier into a dillerent conclusion from
the one that he had ari'ivcd at. He told him h'!
could do more good as a member of the (k'ner.il
Assembly than as a soldier ; that in the army
he was but one man, and in the General Assem-
bly he might obtain many, with the supplies
they needed, by showing the destitution and
suffering which he had seen in the camp ; an'l
that it was his duty to go. This view of duty
and usefulness was decisive. Mr. Macon obeyeil
the Governor's summons ; and by his repre.'^en-
tations contributed to obtain the supplies which
enabled Greene to turnback and face Cornwallis,
— fight him, cripple him, drive him further back
than ho had advanced (for 'Wilmington is South
of Camden), disable him from remaining in the
South (of which, up to the battle of Guilford,
ho believed himself to bo master) ; and sending
him to Yorktown, where he was captured, and
the war ended.

The philo.«ophy of historj* has not yet laid hold
of the battle of Guilford, its consequences and
effects. That battle made the capture at York-
town. The events are told in every historj';
their connection and dependence in none. It
broke up the plan of Cornwallis in the South, and
changed the plan of Washington in the North,
Cornwallis was to subdue the Southern States,
and was doing it until Greene turned upon him
at Guilford. Washington was occupied with
Sir Henry Clinton, then in New-York, with
12,000 British troops. He had formed the heroic
design to capture Clinton and his army (tho
French fleet co-operating) in that city, and there-
by putting an end to the war. All his prepara-
tions were going on for that grand consummation
when he got the news of the battle of Guilford,
the retreat of Cornwallis to Wilmington, his in-
ability to keep the field in the South, and his
return northward through the lower part of
Virginia. lie saw his advantage — an easier prey

IIG

rniRTY YEARS' VIEW.

—ami the fiamc result, if successful. Cornwallis
or Clinton, eithiT of tliein captured, would put
nil end to tlie war. "Washinpton changed his
plan, deceived Clinton, moved rapidly upon the
wi-aker general, captured him and his 7000 men;
and ende<I the revolutionary war. The battle
<<r <iuilfonl put that capture into Washington's
li'inds; and thus Guilford and Yorktown became
( cjiniected ; and the philosophy of history shows
liieir dependence, and that the lesser event was
faliier to the greater. The State of North Caro-
lina gave General Greene 25,000 acres of west-
ern land for that day's work, now worth a million
of dollars ; but the day itself has not yet obtain-
ed its proper place in American history.

The military life of Mr. Macon finished witli
his departure from the camp on the Yadkin, and
his civil public life commenced on his arrival at
the General Assembly, to which he had been
summoned — that civil public life in which he was
continued above forty years by free elections —
representative in Congress under Washington,
Adams, Jefferson, and Madison, and long the
Spaker of the IIou.se ; senator in Congress un-
der ^[adison, Monroe, and John Quincy Adams ;
and often elected President of the Senate, and
until voluntarily declining ; twice refusing to be
I'ostmastcr General under JefTerson ; never tak-
inj^ any office but that to which he was elected ;
and resigning his last senatorial term when it
was only half run. But a characteristic trait
lemains to be told of his military life — one that
has neither precedent nor imitation (the example
of Washington being out of the line of compari-
son) : he refused to receive pay, or to accept pro-
motion, and served three years as a private
through mere devotion to his country. And all
the long length of his life was conformable to this
patriotic and disinterested beginning : and thus
the patriotic principles of the future senator were
all revealed in early life, and in the obscurity of
an unknown situation. Conformably to this be-
ginning, he refused to take any thing under the
modern acts of Congress for the benefit of the
surviving officers and soldiers of the Revolution,
and voted against them all, saying they had suf-
fered alike (citizens and military), and all been
rewarded together in the establishment of inde-
pendence ; that the debt to the army had been
settled by pay, by pensions to the wounded, by
half-pay and land to the officers ; that no mili-
tary claim could be founded on depreciated con-

tinental paper money, from which the ci(j
functionaries who performed service, and the far-
mers who furniiihed 8ui)plie8, 8utfca>d as much
as any. On thi.s principle ho voted against the
bill for Lafayette, against all tlie modern revo-
lutionary pensions and land bounty acts nni
refu,sed to take any thing under them (for manv
were applicable to himself).

His political principles were deep-rooted in-
nate. subject to no change and to ao macliinerv
of party. lie was democratic in the broad seai
»f the word, as signifying a capacity in the people
for self-government ; and in its party sease as
in favor of a plain and economical admini.stra
tion of the federal government, and against lati-
tudinarian constructions of the constitution. He
was a party man, not in the hackneyed sense of
the word, but only where principle was concern-
ed; and was independent of party in all his so-
cial relations, and in all the proceedings which
ho disapproved. Of this he gave a strong in-
stance in the case of General Ilamilton, whom
he deemed honorable and patriotic ; and utterly
refused to be concerned in a movement propoa'd
to affect him personally, though politically op-
posed to him. IIo venerated Washington, ad-
mired the varied abilities and high qualities of
Hamilton ; and esteemed and respected the enii<
nent federal gentlemen of his time. He bad af-
fectionate regard for Madison and Monroe ; but I
Mr. JefTerson was to him the full and perfuii
exemplification of the republican statesman,
His almost fifty years of personal and political
friendship and association with Mr. Randolph ii
historical, and indissolubly connects their names
and memories in the recollection of their friends, I
and in history, if it does them justice. He was I
the early friend of General Jackson, and intimate I
with him when he was a senator in Congress I
under the administration of the elder Mr. Adams; [
and was able to tell Gongfcss and the world wb I
he was when he began to astonish Euroi/; ami I
America by his victories. Ue was the kind ob-j
server of the conduct of young men, encouragl
ing" them by judicious commendation when li<|
saw them making efibrts to become useful i
respectable, and never noting their faults. JIsI
was just in all things, and in that most difiiculll
of all things, judging political opponentg,-lJ
whom he would do no wrong, not merely ill
word or act, but in thought. He spoke frequiniH^
ly in Congress, always to the point, and brie™

ANNO 18.28. JOHN guiNCT adamj^ ri:i>;ir)i:NT.

117

12x1 wisely ; and was one of those spr>nkcrR wlik'h
yr. Jeilcrson dcBorilxKl Dr. Frnnkliii ti> liavo
been— a speaker of no pretension and pnut per-
fdiniance. — who spoke more pood Kcnse while he
wa-s fretting »ip out of his chair, and Retting back
into it, than many others did in long dLscoiirst's ;
and he BiiffcKMl no reporter to drctw up a kijcccIi
for him.

lie wns above the pursuit of wealth, but alHo
ibnvc dependence and idleness ; and, like an old
Roman of tho elder Cato's time, worked in the
fields at the head of his slaves in the intervals
of public duty ; and did not cease this labor until
advancing age rendered him unable to stand the
hot sun of summer — tho only season of the yenr
when senatorial duties left him at liberty to fol-
low the plough, or handle tho hoe. I think it
was the summer of 1817, — that was the last time
(he told me) he tried it, and found the sun too
hot for him— then sixty years of age, a senator,
and the refuser of all office. IIow often I think
of him, when I sec at Washington robustious
men going through a scene of supplication, tribu-
lation, and degradation, to obtain office, which
the salvation of the soul does not impose upon
the vilest sinner ! His fields, his flocks, and his
herds yielded an ample supply of domestic pro-
ductions. A small crop of toldicro — three hogs-
heads when the season was good, two when bad
j -purchased the exotics which comfort and ne-
I ccssity required, and which the farm did not pro-
duce. He was not rich, but rich enough to dis-
pense hospitality and charity, to receive all guests
in his house, from tho President to tho day la-
borer—no other title being necessary to enter
his house but that of an honest man; rich
I enough to bring up his family (two daughters''
a accomplished ladies, and marry them to ac-
I tomplished gentlemen — one to William Martin,
■ Esq., tho other to William Eaton, Esq.,of Koan-
loke, my early school-fellow and friend for more
I than half a century ; and, above all, he was rich
[mough to pay as he went, and never to owe a

ollar to any man.

He was steadfast in his friendships, and would
Iftakc himself for a friend, but would violato no
Ipoint of public duty to please or oblige him. Of
Itliis his relations with Mr. Randolph gave a sig-
Inal instance. He drew a knife to defend him in
Itlie theatre at Philadelphia, when menaced by
komo naval and military officers for words
ipoken in debate, and deemed offensive to their

profewiion"* ; y<'t, when K|H'ftkiT of tlic Hodsp of
Kcpri'scntativo.x. he <li<|il!ice<l .Mr. Kninlolph fi'mi
the hcail of tho ronuniltoe of ways niid nu"ftn<,
heraui^e the rhtiirnuiii of tluit coii.inittii' •.liu'.iM
hi' on tcrnis of political fri<iii!slii|i willi tin- :i'l-
ministration, — which Mr. I{)iinio!ph li;iil tlicn
cea.sed to be with Mr. .Ii'lliTson'.-i. He was
nljovo executive office, evon tliu liijrlu-st tlio
PrcHident could give ; but not above tlic lowest
the ptoplc couM give, taking tlmt of justice of tlic
peace in his county, anil refusing that of Post-
master-General at Wa-shinfrton. IIo was o\)-
poscd to nepotism, nnd to all quartering of lii-i
coimections on the government; and in the
course of his forty-years' service, with the abso-
lute friendship of many administrations and the
IKirfcct rcKpcct of all, he never had office or conr
tract for any of his blood. He refused to be a
candidate for tho vice-presidency, but took the
place of elector on the Van Iluren ticket in IS^iO.
Ho was against paper money and the paper sy.s-
tem, and was accustomed to present the strong
argument against both in the simple phrase, that
this was a hard-money government, made by
hard-money men, who had seen the evil of paper-
money, and meant to save their posterity froTn it.
Ho was opposed to securityships, and hold that
no man ought to be entangled in the affairs
of another, and that the interested parties alone
— ^thoso who expected to find their profit in tho
transaction — should bear tho bad consequences,
as well as enjoy the gootl ones, of their own
dealings. Ho never called any ono "friend"
without being so ; and never expressed faith in
the honor and integrity of a man without acting
up to tho declaration when the occasion required
it. Thus, in constituting his friend Weldon X.
Edwards, Esq., his testamentary and sole execu-
tor, with largo discretionary powers, ho left all
to his honor, and forbid him to account to any
court or power ior the manner in which he
should execute that trust. This prohibition
was so characteristic, and so honorable to both
parties, and has been so well justified by tho
event, that I give it in his own words, as copied
from his will, to wit :

"I subjoin tho following, in my own hand-
writing, as a codicil to this my last will nnd tes-
tament, and direct that it be a part thereof— tlmt
is to say, having full fiiith in the lienor and in-
tegrity of my executor above named, he shall not
bo held to account to any court or power what-

lis

THIR'n' YEARS' VIE\V.

ever fur the diKchaitn- of the tniHt ronfhJed by
uiu to liiin in and \ty thu fori^oint; will."

Ati'l tlie fvont lias proved liiat liis jndpmcnt,
u» ilwivvs, coinniiUfd no niiHtake when it bc-
xtonedtlmttonUdence. HelmdhisiKciiliarities —
idiosyiicrncicH, if any one plr-axcs — l)Ut they were
burn witli hini,Huite(l to liim. constituting a part of
lii.s clmructer, and necessary to its completeness.
IIo never subHcr'bed to charities, but p*ve, and
freely, according to his means — the left hand not
knowing what the right hand did. lie never
KubscrilK'd for new books, giving as a reason to
(ho soliciting agent, that nolx)dy purcha.'-.ed his
tobacco until it was inspected; and ho could
buy no book until he had examined it. lie
would not attend the Congress Presidential Cau-
cus of 1824, although it was sure to nominate
his own choice (Mr. Crawford); and, when a
reason was wanted, he gave it in the bri.'f answer
that he attended one once and they cheated him,
and he had said that he would never attend
another. He always wore the same dress — that
is to say, a suit of the same material, cut, and
color, suiKjrline navy blue — the whole suit from
the same piece, and in the fashion of the time of
the Revolulioii ; and always replaced by a new
one before it showed age. lie was neat in his
person, always wore fine linen, a line cambric
stock, a fine fur hat with a brim to it, fair top-
booLs — the boot outside of the pantaloons, on the
principle that leather was stronger than cloth.
lie would wear no man's honors, and when com-
plimented on the rej-ort on the Panama mission,
which, as chairman of the committee on foreign
relations, he had presented to the Senate, he
would answer, " Yes ; it is a good report ; Taze-
well wrote it." Left to himself, ho was ready
to take the last place, and the lowest seat any
where; but in his representative capacity he
would suffer no derogation of a constit<'Honal or
of a popular right. Thus, when Spaaker of
the IIouso, and a place behind tiic President's

Secretaries had been a.ss-igned him in some ixn-.
niony, he disregarded the programme ; and. a,
the elect of the elect of all the people, took In,
place next after those whom the national vo;,
had elected. And in 1803, on the question i
change the fonn of roting for President ani
Vice-President, and the vote wanting one of tl,.
constitutional number of two thirds, ho rcs-istnl
the rule of the House which restricted tin
speaker's vote to a tie, or to a vote which woiiM
make a tie, — claimed his constitutional right ti,
vote as a member, obtained it, gnve thu vok
made the two thirds, and carried the amemi-
ment. And, what may well be deemed idiosyn.
cratic in these Jays, he w^as punctual in the ptr-
formanco of all his minor duties to the Scniiti',
attending its sittings to the moment, attendin.'
all the committees to which he was appointiil.
attending all tho funerals of tho members
and ofBcers of the Houses, always in time ai
every place where duty required him ; and to-
fusing double mileage for one travelling, when
elected from tho House of Representatives to ilie
Senate, or summoned to an extra Gossion. He
was an habitual rcador and student of the BiUt
a pious and religious man, and of the " Baptiii
persuasion," as he was accustomed to express it.
I have a pleasure in recalling the recollection
of this wise, just, and good man, and in writing
them down, not without profit, I hope, to risiri
generations, and at least as extending the know-
ledgn of the kind of men to whom we are indebt-
ed fo,' our independence, and for the form of
goverijment which they established for us. .Mr.
Macon was Ihe real Cincinnatus of America, tiit
pride and ornament of my native State, my he-
reditary friend through four generations, im
mentor in the first seven years of my senatorial.
and the last seven of his senatorial life ; and 3
feeling of gratitude and of filial affection mingles
itself with this discharge of lustorical duty to hii |
memory. \

I of standing armies, a

ANNO 1S29. ANDREW JACKSON. riU>iII»i;NT.

119

ADMINISTKATION OF ANDREW JACKSON,

CHAPTER XL .

(PMMFA'CEMENT OF OKNERAL JACKSON'S AD-
MINISTRATION'.

Ox tlie 4th of March, 1829, the new President
was inaugurated, with the usual ceremonies,
anJ delivered the address which belongs to the
occasion ; and which, like all of its class, was a
general declaration of the political principles by
which the new administration would be guided.
Tiie general terms in which such addresses are
necessarily conceived preclude the possibility of
minute practical views, and leave to time and
i veutsthe qualification of the general declarations.
Such declarations are always in harmony with
the grounds upon which the new Presideni's
1 ilection had been made, and generally agreeable
to his supporters, without being repulsive to his
opponents ; harmony and conciliation being an
especial object with every new administration.
So of General Jackson's inaugural address on
this occasion. It was a general chart of demo-
cratic principles ; but of which a few paragraphs
will bear reproduction in this work, as being
either new and strong, or a revivtil of good old
I principles, of late neglected. Thus : as a military
man his election had been deprecated as possibly
leading to a military administration : on the con-
trary he thus expressed himself on tho subject
I of standing armies, and subordination of the
I military to the civil authority: "Considering
Iftanding armies as dangerous to free govern-
Iment, in time of peace, I shall not seek to en-
jlarge Jiir present establishment ; nor disregard

that salutary lesson of political experience which
teaches that the military should be held subor-
dinate to the civil power. " On tho cardinal
doctrine of economy, and freedom from public
debt, he said : " Under every aspect in which it
can bo considered, it would appear that advantage
must result from the observance of a strict and
faithful economy. This I shall aim at the more
anxiously, both because it will facilitate the ex-
tinguishment of the national debt — the unneces-
sary duration of which is incompatible with real
independence; — and because it will counteract
that tendency to public and private prolligacy
which a profuse expenditure of monej by tho
government is but too apt to engender." Reform
of abuses and non-interference with elections,
were thus enforced : " The recent demonstration
of public sentiment inscribes, on the list of ex-
ecutive duties, in characters too legible to bo
overlooked, tho task of reform, which will re-
quire, particularly, the correction of those abuses
that have brought tho patronage of the ft^deral
government 'nto conflict with the freedom of
elections. " The oath of office was administered
by the venerable Chief Justice, Marshall, to whom
thftt duty had belonged for about thirty years.
The Senate, according to custom, having been
convened in extra session for the occasion, tho
cabinet appointments were immediately sent in
and confirmed. They were, Martin Van Buren,
of New- York, Secretary of State (Mr. James A.
Hamilton, of New- York, son of the late General
Hamilton, being charged with tho duties of the
office until Mr. Van Buren could ent<ir upmi
, them); Samuel D. Ingham, of Pennsylvania,

120

Tiinrrv ykaus" vkw.

-Samuel Bell, Levi Wood-

Silsbeo, Daniel

Secretary of the Treasury; Jcilin 11. Kiiton, of
Teiiiifsscc, Secretary at War; Jolin 15raiicli, of
North Caifiliiia, Secretary of tlie Navy ; Jolin M.
Jkrrien, of fieorRJa, Attorney (ienoral ; AVilliain
T. linrry, of Kentucky, Postmaster (JeiKial ;
liiost' wlr) constituted tlie late caliinet, uikU r
Mr. A'lams, only one of them, (Mr. .John
MeI.e.'in, tlie Postma.ster General.) classed [loli-
tically with General Jaekson ; and a vacancy
having occiirre<l on the bench of the Sujirenic
Court l>y the death of Mr. Ju.stice Trimble, of
Kentucky, Mr. McLean was appointed to fill it;
and a further vacancy soon after occurring, the
death of Mr. Justice Bushrod AVasliington
(nei)he\v of General Washington), Mr. Henry
Baldwin, of Pennsylvania, was appointed in his
ji'ace. The Twenty-first Congress dated the
.••itniincncement of its legal existence on the day
of the commencement of the new administration ,
and its members were as follows :

SENATE.

Maine — John Holmes, Pelcg Spragne.

New Ha.mpsuirk
bury.

MASSJ.CIIUSETTS — Nathaniel
Webster.

Connecticut — Samuel A. Foot, Calvin Willey.

Rhode Island — Nehcmiah 11. Knight, Asher
Robbins.

Vkhmont — Dudley Cha.se, Horatio Seymour.

New-Yokk — Nathan Sanford, Charles E. Dud-
ley.

New Jersey* — Tlieodore Frelinghuyscn, Mah-
lon Dickerson.

Pennsylvania — William Marks, Isaac D.
Barnard.

Delaware — John JL Clayton, {Vacant.)

Mauvlanu — Samuel Smith, Ezekiel F. Cham-
bers.

Virginia — L. W. Tazewell, John Tyler.

North Carolina — James Iredell, (Vacant.)

South Carolina — William Smith, Robert Y.
Hayne.

Georgia — George M.Troup, John Forsyth.

Kentucky — John Rowan, George M. Bibb.

Tennessee — Hugh L. AVIiite, Felix Grundy.

Ohio — Benjamin Ruggles, Jacob Burnet.

Louisiana — Josiah S. Johnston, Edward Liv-
iigston.

Indiana — William Hendricks, James Noble.

Mississippi — Powhatan Ellis, ( Vacant.)

Illinois — Elias K. Kane, John McLane.

Alabama — .John McKinley, William R. King.

Missouri — David Barton, Thomas H. Benton.

HOUSE OF EEPEESENTATIVES.

Maine — John Anderson, Samuel Butman,
George Evans, Rufus Mclntire, James W. Ripley,
Joseph F. Wingatc — G. ( One vacant.)

Nkw HA.Mi>siiiRr — John Bro<lh('vl, l]\hn:u
' riiandler. Jos.sph Hamnions. .Jonathan Harvn
I Henry Hulil)ard, John AV. Weeks — (i.
I Massa(III»etts — John Bailey, Issnr C.B.itf.,
I B. W. Crowninshield, John Davis, Hinry \\
I Dwijrht. Kilwanl Evei-ett, Benjamin (idrhnm
i (leorge tJrcnnell, jr., James L. Hodges. .Joxti,
i (J. Kemlall, .John Reed, Jo.-ej)h Iticlianl-n
John Vamnm — 13.

Kmode Iulakd — Tristam Burge.ss, Dutco J
Pearce— 2.

CoNNECTiciT — Noyes Barber, Wm. W, Y.\\.
worth, J. AV. Huntington, Ralph J. liigcrsiil
W. L. Storrs, Eben Young— G.

Vermont — William Cahoon, Horace Kvcrc"
Jonathan Hunt, RoUin C. Mallary, Beiijamn
Swift—.').

New-York — William G. Angel, Bencdiet .\r.
nold, Tliomas Bcekman, Abraham Bockec, PtUr
I. Borst, C. C, Oambreleng, Jacob Cnxjiitron
Timothy Childs, Henry B. Cowles, Hector Cnij;'
Charles G. Dewitt, John D. Dickinson, .Jor.as
Earll, jr.,Gcorge Fisher, Isaac Finch, Michael Hdtl'.
man, Joseph Hawkins, iJfihielJIJialsey, Perkins;
King, James W. Lent, John Magce, Henry (',
Martindale, Robert Monell, Thomas Maxwell, E,
Norton, Gcrshom Powers, Robert S. Rose, lit;,.
ry R. Storrs, James Strong, Ambrose Sjiciictr.
John W. Taylor, Phineas L. Tracy, Gulian. C
Verplanck, Campbell P. White— 34.

New Jersey — Lewis Condict, Richanl M,
Cooper, Thomas 11. Hughes, Isaac Pierson!
James F. Randolph, Samuel Swan — G.

Pennsylvania — James Buchanan, Riclwrd i
Coulter, Thomas II. Crawford, Joshua Evaix,
^hauncey Forward, Joseph Fry, jr., James Fori
Lines Green, John Gilmore, Joseph Hemphil{
Peter Ihrie, jr., Thomas Irwin, Adam Kin:!
George G. Leipcr, II. A. Muhlenburg, Altm
Marr, Daniel H. Miller, William McCreery. Wjl-
liam Ramsay, John Scott, Philander Stephens,
John B. Sterigerc, Joel B. Sutherland, Samucj |
Smith, Thomas H. Sill— 25. ( One vacant.)

Delaware — Kensy Johns, jr. — 1.

Maryland — Elias Brown, Clement Dorsej,
Benjamin C. Howard, George E. Mitchell, Mi-
chael C. Sprigg, Benedict I. Semmes, Richanl j
Spencer, George C. Washington, Ephraira K,
Wilson— 9.

Virginia — Mark Alexander, Robert Allei |
Wm. S. Archer, Wm. Armstrong, jr., John S.
Barbour, Philip P. Barbour, J. T. BouMinj
Richard Coke, jr., Nathaniel II. Claiborne,
Robert B. Craig, Philip Doddridge, Tlioniai|
Davenport, William F. Gordon, Lewis Max-
well, Charles F. Mercer, William McCoy. |
Thomas Newton, John Roane, Alexander Smjtii,

Andrew Stevenson,
Trezvant— 22.

North Carolina-
Barringer, Samuel P,

Jolm Taliaferro, Jamts

-Willis Alston, Lanid L
Carson, II. W. Conner, |

\!iDutlie, William T

Edmund Deberry, Edward B. Dudley, Thoniu
H. Hall, Robert Potter, William B. Shcpard,
Augustine II. Shepperd, Jesse Speight, Lewiil
W illianis— 12. ( One vacant.)

AXXO 1829. ANDREW JACKSON, PRESiriF.NT.

1-21

SofTit Carolina — Kolicrt W. Hnmwi'l), James
Bur. Jul'" CainnlK'Il, Wurrt-n U. DaviH. Wil-
i,!i, l)nivton, William I). Martin, ficorpt

MoDutlie, William T. Nuckolls, Starling Tucker

(ir.oRC-M — Thomas F. Forstcr, Charles E.

.Iivnis, Wilson L\impkin, Henry (J. Lamar,

I Wiky Thompson, Uiclmrd II, Wilde, James M.

I IVavnc — "•

KKNTr'KV — James Clark, N. D. Coleman,
T!,uma.s Chilton, Henry DaivicI, Nathan Gaither,
i;. M. Jolmson, John Kinkaid, Joseph Lccompte,
CliitteniUii Lyon, Kobert P. Letcher, Charles
A. Wicklitre, Joel Yancoy— 12.

Ti:NNf".ssEK — John Blair, John Bell, David
I'rockett, llobcrt Desha, Jacob C. laacks. Cave
•lohnson, I'ryor Lea, James K. Polk, James
Mandifer— ^).

' Ohio — Mordecai Bartley, Joseph IT. Crane,
Hvilliam Creighton, James Findlay, John M.
(IwJ^now, AVm. W. Irwin, Wm. Kennon, Wra.
;ii<sell. William Stanberry, James Shields, John
Thomson, Joseph Vance, Samuel F. Vinton,
ilisha Whittlesey — 14.

Louisiana — Henry H. Gurlcy, "W. H. Over-
on. Edward D. White — 3,

IsniA.NA — llatliff Boon, Jonathan Jennings,
[ohuTest— 3.

Alabama- -R. E. B. Baylor, C. C. Clay. Dix-

a 11. Lewis. — 3.

.Mississippi — Thomas Hinds — 1.

Illinois — Jo.seph Duncan — 1.

Missouri — Spencer Pettis — 1.

DELEGATES.

Michigan Territory — John Biddle — 1.
Arkansas Territory — A. H. Sevier — 1.
Tlorida Territory — Joseph M. White — 1.

Andrew Stevenson, of Virginia, was re-elected
icakcr of the House, receiving 152 votes out of
llil ; and he classing politically with General
gackson, this large veto in his favor, and the
nsU one against him (and that scattered and
krown away on several different names not can-
pdatcs), announced a pervading sentiment among
p people, in harmony with the presidential elcc-
b— and showing that political principles, and
jot military glare, had produced the G nerpl's
lection,

CHAPTER XLI.

EST ANNUAL MESSAGE OF GENERAL JACKSON
TO TUE TWO HOUSES OP CONGRESS.

^E first annual message of a new President,
always a recommendation of practical

moasnrofi, i« looked to with more interest th.m
the inaugural ad<irt>Ks. coiiflntMl ns this latter
mu.«t bo. to a declaration of jft'ncrul iiriiicipliw.
That of General Jackson, (Jelivtrf 1 the 8th of
Dccemt)cr, 1829, was therefore anximmly looke^l
for; and did not disappoint the pulilit' e.xpeota-
tion. It was stronj^ly democratic, aii'l contained
many recommendations of a nature to simplify,
and purify the working of the povcrnmcnt, an 1
to carry it bock to the times of Mr. Jefferson —
to promote its economy and elliciency, and to
maintain the rights of the people, and of the
States in its administration. On the subject of
electing a President and Vice-President of tho
United States, ho spoke thus :

"I consider it one of tho most urpent of my
duties to bring to your attention tho propriety
of amending that part of our Constitution which
relates to the election of President and Vice-
President. Our system of government was. by
its framers, deemed an experiment ; and they,
therefore, consistently provided a mode of remu-
dying its defects.

" To the people belongs the right of electing
their chief magistrate: it was never dcsigne(l
that their choice should, in any ca.se, bo defeated,
either by tho intervention of electoral colleges,
or by the agency confided, under certain contin-
gencies, to the House of Representatives. Expe-
rience proves, that, in proportion as agents to
execute the will of the people are multiplied,
there is danger of their wishes being frustrated.
Some may bo unfaithful : all are liable to err.
So far, therefore, as the people can, with conve-
nience, speak, it is safer for them to express their
own will.

" In this, as in all other matters of public con-
cern, policy requires that as few impediments as
possible should exist to the free operation of the
public will. Let us, then, endeavor so to amend
our system, as that the office of chief magistrate
may not be conferred ujion any citizen but in
pursuance of a fair expression of the will of tho
majority.

"I would therefore recommend such an amend-
ment of the constitution as may remove all in-
termediate agency in the election of President
and Vice-President. The mode may be so regu-
lated as to preserve to each State its present
relative weight in the election; and a failure
in the first attempt may be provided for, by con-
fining the second to a choice between the two
highest candidates. In connection with such an
amendment, it would seem advisable to limit the
service of tno chief magistrate to a single term,
of cither four or six years. If, however, it should
not be adopted, it is worthy of consideration
whether a provision disqualifying for office the
Representatives in Cingress on whom such an
election may have devolved, would not bo
proper."

122

THIRTY YEARS* VIEW.

Thi» rocomniumlation in relation to our elec-
tion s}Hfiin h&n ni)t yet l)een cftrrie«l into effect,
f lionph (loiihtloss in Imnnony with the principles
of our povcrjiinent, necessary to prevent abuses,
and now frenerally demanded by this voice of the
lit>op!f. IJiit the initiation of amendments to the
fr<kTal constitution u too far removed from the
people. It is in the hands of Congress and of
tlie State legislatures ; but even there an almost
ini|)Ossible majority — that of two thirds of eoch
House, or two thirds of the State legislatures —
is required to commence the amendment ; and a
still more diflicult majority — tlmt of three
fourths of the States — to complete it. Hitherto
all attempts to procure the desired amendment
has failc<l ; but the friends of that reform should
not despair. The great British jjarliamentary
reform was only obtained after forty years of
annual motions in parliament ; and forty years
of organized action upon the public mind through
societies, clubs, and speeches; and the incessant
action of the daily and periodical press. In the
meantime events are becoming more impressive
advocates for this amendment than any language
could be. The selection of President h.iS gone
from the hands of the people — usurped by irre-
sponsible and nearly self-constituted bodies — in
which the selection becomes the result of a jug-
gl", conducted by a few adroit managers, who
bailie the nomination until they are able to
govern it, and to substitute their own will for
that of the people. Perhaps another example is
not upon earth of a free people voluntarily relin-
quishing the elective franchise, in a case so great
as that of electing their own chief magistrate,
and becoming tlie passive followers of an irre-
sponsible body— juggled, and bafHed, and govern-
ed by a few dextrous contrivers, always looking
to their own interest in the game which they
play in putting doivn and putting up men.
Certainly the convention system, now more un-
fair and irresponsible than the exploded congress
caucus system, must eventually share the same
fate, and be consigned to oblivion and disgrace.
In the meantime the friends of popular election
should press the constitutional atnendment which
would give the Presidential electJin to the peo-
ple, and discard the use of an intermediate body
which disregards the public will and reduces the
people to the condition of political automatons.

Closely allied to this proposed reform was
another recommended by the President in rela-

tion to mcml)rni of Congress, and to exrlu',,
them generally from executive opi)<)iiitni(,it,
and es])vciully from apiKtintmenta coiifcrrcfl I-
the President for whom they voted. TIr. ,.,'
is the same whether the member votes in ti,,.
House of Representatives when the election cdiA
to that body, or votes and manages in a Con'^rtsJ
caucus, or in a nominating convention. The vj
in cither case opens the door to corrupt {iraciin^;.
and should bo prevented by legal, or constiti.l
tional enactments, if it cannot be restrained (jyl
the feelings of decorum, or repressed by piibiil
opinion. On this point the message thus rtcoiD.!
mended :

" While members of Congress can be consii-
tutionally appointed to ottlces of trust and protiJ
it will be the practice, even under the most conJ
scientious adherence to duty, to select them fori
such stations as they are believed to be better!
qualified to fill than other citizens ; but thel
purity of our government would doubtle.<!.s h«|
promoted by their exclusion from all ap[)ointJ
ments in the gift of the President in who.<se tlecl
tion they may have been officially concerned. Thi
nature of the judicial office, and the nccEiniiTl
of securing in the cabmet and in diplomatic stv
tions of the highest rank, the best talents airj
political exporienco, should, perhaps, except thes
from the exclusion.

On the subject of a navy, the message m
tained sentiments worthy of the democracy ia in
early day, and when General Jackson wasi
member of the United States Senate. The i
publican party had a policy then in respect lij
a navy : it was, a navy for defence, instead (
CONQUEST ; and limited to the protection of ooi
coasts and commerce. That policy was
pressively set forth in the celebrated instruction^
to the Virginia senators in the year ]
which it was said :

" With respect to the navy, it may ')c prop
to rea>ind you that whatever may bo the pro
posed object of its establishment, or whatcvi
may be the prospect of temporary advantaj
resulting therefrom, it is demonstrated uy I
experience of all nations, who have ventured fij
into naval policy, tbit such prospect is ultimat*
ly delusive ; and tl.it a navy has ever in pracdiij
been known more as an instrument of po\re^
a source of expense, and an occasion of collisiv
and wars with other nations, than as an instr
ment of defence, of economy, or of protection (

commerce.

))

These were the doctrines of the republi
party, in the early stage of our govemment-
thc great days of Jc£fcrson and bis comp

ANNO 18-W. ANDKKW JACKSOX. IKHslUF.NT.

123

I ffc luwl « |iolicy then — tlic result of thotipht, of

isJ^nicnt, ond of exiK-rii-nco : a navy for di-fcnco,

un,l not for conqucat: and, conseijiicntly, con-

l,,^,Uc to a limited nunilKT of 8hi|)8, adequate to

Lfir tlefinsive olijcct — insteatl of thousands,

L,,„ti<; At tiiu dominion of the bcos.,!. Tiiat policy

Ljj overthrown by the success of tour naval

Luibats (luring; the war ; and tho idea of a great

Iciw became popular, without any definite view

iui cost and consequences. Admiration fur

|r<^l iiphting did it, without havinj; tho same

Irfrtt on the military policy. Our army fought

also, and excited admiration ; but without

Subverting the policy which interdicted standing

limiics in time of peace. Tho army was cut

Idoffn in peace: tho navy was building up in

icaco, In this condition President Jackson

^ound tho two branches of tho service — the array

Juccd by two successive reductions from a

nfn body to a very small one — GOOO men — and

ilthough illustrated with military glory yet rc-

IfiianK to recommend an army increase : the navy,

bn a small one during the war, becoming large

Buring the peace — gradual increase the law —

Ihip-building tho active process, and rotting

pm the active effect ; and thus we have been

[oing on for near forty years. Correspondent

5 his army policy was that of President Jack-

|ou in relation to tho navy ; he proposed a

Lse in tho process of ship-building and ship-

nttJDg. He recommended a total cessation of

|he further building of vessels of the first and

icond class — ships of tho line, and frigates —

rith a collection of materials for future use —

|ii(l the limitation of our naval policy to the ob-

!ct of commercial protection. He did not even

licludc coast defence, his experience having

pwn him that the men on shore could defend

p land. In a word, he recommended a naval

plicy ; and that was the same which the re-

plicans of 1798 had adopted, and which Vir-

]ia made obligatory upon her senators in

too ; and which, under the blaze of shining

jctorics, had yielded to tho blind, and aimless.

Id endless operation of building and rotting

«ful ships of war, lie said :

I'ln time of peace, we have need of no more
lips of war than are requisite to the protection
I our commerce. Those not wanted for this
kjcct must lay in the harbors, where, without
pper covering, they rapidly decay ; and, even
der the best precautions for their preserva-
|n, must soon become useless. Such is already [

the rase with many of our fhu-Mt vi-ssi-ls ; whirli.
tliuu^h uiitliii>lie<l, will now require inuiiciwc
sums of money to Ijo restored to the conililiMii
in which they were, when conuiiitied to tlnir
i)ro|>or clement. On Oils sulijeet there ran Ih-
but little doubt that best |M)liry would In,

to <li;<oontinuu the building of sliips of the tir^t
and second class, and look rather to the )Mts-
ses>ion of ample materials, prepared for the
emergencies of war, thon to the number of ves-
sels which wo can lloat in a season of j)euee, as
the index of our nuval jwwer."

This was written twenty years ago, and by n
President who saw what he described — many ot
our finest ships going to decay before they were
finished — demanding repairs before they had
sailed — and costing millions for which there was
no return. We have been going on at the same
rate ever since — building, and rotting, and sink-
ing millions ; but little to show for forty years
of ship-carpentry ; and that little nothing to do
but to cruise where there is nothing to catch,
and to carry out ministers to foreign courts who
arc not quite equal to tho Franklins, Adamses
and Jeffersons — the Plnckncys, llufus Kings,
and Marshalls — tho Clays, Gallatins and lay-
ards — that went out in common merchant ves-
sels. Mr. Jefferson told me that this would bo
the case twenty-five j'cars ago when naval glory
overturned national policy, and when a navy
board was created to facilitate ship-construction.
But this is a subject which \yill require a chapter
of its own, and is only incidentally mentioned
now to remark that we have no policy with re-
spect to a navy, and ought to have one — that
there is no middle point between defence and
conquest — and no sequence to a conquering navy
but wars with the world, — and the debt, taxes,
pension list, and pauper list of Great Britain.

The inutility of a Bank of tho United States
as a furnisher of a sound and uniform currency,
and of questionable origin under our constitution,
wof. thus stated :

" The charter of the Bank of ihe United States
expires in 183G,and its stockholdt rs will most pro-
bably apply for a renewal of their privileges. In
order to avoid the evils resulting from precipi-
tancy in a measure involving such imjiortant
principles, and such deep pecuniary interests, I
feel that J cannot, in justice to the parties inter*
ested, too soon present it to the deliberate con-
sideration of the legislature and the people.
Both the constitutionality and the expediency of
the law creating this bank, are well ques-
tioned by a large portion of our fellow-citizens •
aud it must be udmittcd by all, that it has failed

124

TlIIR'n' WMIH' VIEW.

in the (rrtat vwl of o.-^lnljli.'-hin^ a unifonn ami
bouiiil ciirrin<y."

This is the riaiise wliirh pnity Rpirit, ami
lirtiik tactirs. pfncrti*! at the tiiiif fund wliioh
huH >;orie into history), into an attatk iiiKin tlie
Imnlv — a war \i\xm tiic hank — with a bail mo-
tive attrihiitwl for a war no wanton. At the
mine time nothing could bo more fair, and just,
nnd more in consonance with the constitution
which rcquircH the President to make the leps-
lative recommendations which he believes to be
proper. It was notice to all concerned— the
ba"k on one side, and the people on the other — that
there would l>o questions, and of high import —
constitutionality and expediency — if the present
corporators, at the expiration of their charter,
should apply for a renewal of their privileges.
It was an intimation against the institution, not
against its administrators, to whom a compliment
was paid in another part of tiie same message, in
ascribing to the help of their "judicious arrange-
ment " the averting of the mercantile pressure
which might otherwise have resulted from the
iudden withdrawal of the tweive and a half mil-
lions which had j ust been taken from the bank and
ipplied to the payment of the public debt. But of
this hereafter. The receipts and expenditures were
itated, respectively, for the preceding year, ftnd
estimated for the current year, t. le former at a
fraction over twenty-four and a half millions —
the latter a fraction over twenty-six millions —
with largo balances in tho treasury, exhibiting
the constant financial paradox, so difficult to bo
•'ndorstood, of permanent annual balances with
an even, or even deficient revenue. The passage
of the message is in these words :

" Tho balance in the treasury' on the 1st of
January, 1829, was five millions nine hundred
and Eevent3'-two thousand four hundred and
thirty-five dollars and eighty-one cents. The
receipts of the current year are estimated at
twenty-four millions, six hundred and two thou-
sand, two hundred and thirty dollars, and the
expenditures for the samo time at twenty-six
millions one hundred and sixty-four thousand
five hundred and ninety-five dollars ; leaving a
balance in tho treasury on the 1st of January
next, of four millions four hundred and ten thou-
sand and seventy dollars, eighty-one cents."

Other recommendations contained tho sound
democratic doctrines — speedy and entire extinc-
tion of the public debt— reduction of custom-
house duties — equal and fair incidental protec-
tion to the great national interests (agriculture,
manufactures and commerce)— the disconnection

of |X)ljticH and tnrifTs — and the duty of n»(rpn J
nu-nt by discontinumg and abulislnn^ all u^,
ulliccs. In a wonl, it was a inessa^ro of tho,,
rcpulilican school, in which President Jjd; j
had l>crn bred ; and from which ho Im'l nevJ
dcpartcil ; and which cncouragcfl the yoiin<:
ciplis of democracy, and consoled tho old wirt J
ing fathers of that school.

CHAPTER XLII.

TIIK KKCOVKnT OF TIIK DIRKCT TI!A!)K V^
TlIK BUrridil WKST INDIA ISLANli.s.

The recovery of this trade had been a lurpci,
jcct with tho American government from i|^
time of its establishment. As British coloni
wo enjoyed it bf foro tho Revolution ; as rcvol;«
colonics we lost it ; and as an independent i
tion wo sought to obtain it again. Tho posiiid
of these islands, so near to our ports and short
— tho character of tho exports they rcccivJ
from us, being almost entirely tho product i
our farms and forests, and their large amoiigl
always considorallo, and of lato some four mil
lions of dollars per annum — the tropical pri
ductions which we received in return, and in
largo employment it gave to our navigatioo-
all combined to give a cherished value to t
branch of foreign trade, and to stimulate oij
government to tho greatest exertions to obu
and secure its enjoyment ; and with the advi^
tago of being carried on by our own vcss
But these were objects not easily attainaU
and never accomplished untn. i,ne administiati
of President Jackson. All powers are jcaloj
of alien intercourse with their colonics, and m
a natural desire to retain colonial trade in tin
own hands, both for commercial and mlitig
reasons ; and have a perfect right to do soj
they please. Partial and conditional admisiiJ
to trade with their colonies, or total exclusit
from them, is in the discretion of the moth
country ; and any participation in their
by virtue of treaty stipulations or legislatii
enactment, is the result of concession— gener
ly founded in a sense of self-interest, or at 1
in a calculation of mutual advantage. No I
than six negotiations (besides several MmA
at "concerted legislation") had becncarriedj

ANNO 1839. ANDREW JACKSON. I'KI>n)F.NT.

125

as rcvoltJ

jion— genet
*stj or at 1
age. Xo 1
eral attcni
ecn carridil

L.«ecD the I'nitol StatcH and (irt-at Britain on
\i}0 lubject ; and all, until the iccond 3-ear of
lotDcrtl JackHoii'x adiniiiiMtration, n>siiltin^ in
lM(hiiiR more tlinn liinitfd cc ' -<Nions for a
\rttr. or Tor ttliort tcrniH ; and Fonictiincii cou-
1^4 witli conditions which nullitlud the privi-
K,,. It was a primary ohjcct of concern with
li„ijt'rai Washington':! adniiniHtratiun ; and a
n;;.iv(k'<i)^2 of the action then had u|)un it eliici-
ijits both the Tuliic of the trade, the dilliculty
Lf<:ttting oihnission to its participation, and the
3t of Great Britain to admit or deny its cn-
firment to others. General Washington had
(nctical knowledge on the Kuhjcct. He had
*n it enjoyed, and lost — enjoyed Bs British
(ilijucts, lost as revolted colonics and inde-
Luilont states — and knew its value, both from
use and the loss, and was most anxious to
«vcr it. It was almost the first thing, in our
^aign relations, to which he put Itis hand on
DDiing President ; and literally did ho put
lnhand to it. For as early as the 14th of Oc-
loiiT, 1789— just six months after his inaugura-
U-in a letter of unofficial instructions to Mr.
poiivemeur Morris, then in Europe, writf m
tith his own hand (requesting him to sonn 1
jhc British government on the subject of a com-
l.e'cial treaty with the United States), a point
liat he made was to ascertain their views in re-
^lion to allowing us the "privilege" of this
Privilege was his word, and the instruc-
(on ran thus : " Let it bo strongly impressed
1 your mind that the privilege of carrj'ing our
ductions in our own vessels to their islands,
bd brin:;ing, in return, the productions of those
bands to our ports and markets, is regarded
Ire as of the highest importance," &c.
I It was a prominent point in our very first ne-
Itiation with Great Britain in 1794 ; and the
ptructions to Mr. Jay, in May of that year,
lows thai idmission to the trade was then
kly asked as a privilege, as in the year '89
Id upon terms of limitation and condition.
lis is so material to th3 right understanding
[this question, and to the future Iiistory of the
, and especially of a debate and vote in the
Date, of which President Jackson's instruc-
bns through Mr. Van Buren on the same sub-
let was made the occasion, that I think it right
j giTe the instructions of President Washing-
1 to Mr. Jay in his own words. They were

" If to the actual fiiotinf; of our roiniiuTi'f »i,d
i'..'>vif;ation in the ltriti>li Kiiro|N'iiii iI<>iiiiiiii>ih
could l>« added tlic privilcp- of carrvin:; dirti'tlv
from the Tniti-d StatcM to the Itrilish \Vr-.i In-
dien in our own Ixittoms p'twraliy, or of ctTtiiiii
8|KTi(ied burthenN, the arlirloii whidiKy thv Ait
of Pariinnient, '2i*, <Jeo. III., <-hi»|i. ti, nmy I*'
carried thither in British Ixittonis, nixl of lirin};-
itili them thence directly to the liiiliil Slates in
Auicricun liottoms, this would alli)rd an ni (T|ita-
blc basis of treaty fur a term nut exceetluii; lit-
teen years."

An article was inserted in the treaty in con-
formity to these principles — our carrying vessels
limited in point of burthen to seventy tons and
under ; the privilege limited in point of duration
to the continuance of the then existing war Imj-
tween Great Britain and the French Republic,
and to two years after its termination ; and re-
stricted in the return cargo both as to the na-
ture of the articles and the port of their destina-
tion. These were hard terras, and precarious
and the article containing them was " suspended "
by the Senate in the act of ratification, in the
hope to obtain better ; and are only quoted here
in order to show that this direct trade to tha
British West Indies was, from the beginning of
our federal government, only sought as a privi-
lege, to bo obtained under restrictions and limi-
tations, and subordinately to British policy and
legislation. This was the end of the first nego-
tiation; five others were had in the ensuing
thirty years, besides repeated attempts at " con-
certed legislation " — all ending either abortively
or in temporary and unsatisfactory arrange
mcnts.

The most important of these attempts wag in
the years 1822 and 1823 : and as it forms an es-
sential item in the history of this case, and shows,
besides, the good policy of letting "well-enough"
alone, and the great mischief of inserting an ap-
parently harmless word in a bill of which no ono
sees the drift but those in the secret, I will hero
give its particulars, adopting for that purpose
the language of senator Samuel Smith, of Mary-
land, — the best qualified of all our statesmen to
speak on the subject, he having the practical
knowledge of a merchant in addition to experi-
ence OS a legislator. His statement is this :

" During the session of 1822, Congress was in-
formed that an act was pending in Parliament
for the opening of the colonial ports to the com-
merce of the United States. In consequence, an
act was passed authorizing the President (thev

120

THIKTY YKARS* VIEW.

Mr. >fonnH>). in rn^o th« iet of I'nrliflrnont wiw
Hiitixfii/'l'iry to liiiii. to o|k'Ii tin- |Kirti of Ihf
I'liitfil S(nt<-8 to ItritiMli vcmm-N \ty liw iirfioln-
tiinlioii. 'I'hu art of I'nrliniiiciit wa.s <l('<>fni'<l
Mitihfiictorv, "ikI a |ir<>rlimmli()ii wiis arconliiifrly
issued, ancf tlii' trmli' coinini'icfil. I'lir'irtiiimte-
\y for our rotnrncrri', nn<l I think contrnry to
jiiMticc, a triMisiiry rircnjnr issiu'd, directinj? the
n»llc'«;toi-s t(» clini'tfo lirilisli vessels entering our
|)orts Willi ttu! ulieii toimii^re ami diseritninntinf;
duties. 'I'JiiH oriler wax retiioiiHl rated npiiiist l)y
the Itritisli minister (I tliiiik .Mr. \'iiii};han).
'I'iio tra<le, however, went on iniinterrupted.
Conprcss met, and a l>ill was drafted in Ih'Zi Jiy
Mr. Adams, then iSeen-tary ofiStatc, and pa-sst^l
hoth Houses, with little, it any, dehate. I voted
for it, In-Iievin^j that it met. in a spirit of reci-
i)rooity, the IJritish act of I'arlianient. This bill,
liowever, contained one little word, '' el.scwiicrc,"
which completely defeated all our expectations. It
wa.s noticed by no one. 'I'lio senator from Mas-
sacliu.setts (Mr. AVebstcr) may liavo nnderstootl
its elll-ct. If he did so understand it, ho was si-
lent. The eflect of that i^ord "elsewhere " was
to a.s.snmu the pretensions alluded to in tho in-
structions to Jlr. Mclianc. (Pretension to a
'• ^i^'ht " in the trade.) Tho result wa.s, that the
British government sliiit their colonial ports im-
mediately, and thenceforward. This act of 1822
^ave us a monopoly (virtually) of tho West In-
dia trade. It admitted, free of duty, n variety
of articles, such as Indian corn, meal, oats, peas,
and bcan.s. Tho British povernment thought
we entertained a belief that they could not do
without our produce, and by their acts of the
27th June and 5th July, 1825, they opened their
ports to all tho world, on terms far less advan-
tageous to the United States, than those of the
act of 1822."

Such is the imix>rtant statement of General
Smith. Mr. Webster was present at tho time,
and said nothing. Both these acts were clear
rights on the part of Great Britain, and that of
1825 contained a limitation upon the time within
which each nation was to accept tho privilege it
offered, or lose tho trade for ever. This legisla-
tive privilege was accepted by all nations which
had any thing to send to the British West Indies,
except the United States. Mr. Adams did not
accept the proffereil privilege — undertook to ne-
gotiate for better terms — faile»l in tho attempt —
and lost all. Mr. Clay was Secretary of State,
Mr. Gallatin the United States Minister in Lon-
don, and the instructions to him were, to insist
upon it as a "right " that our produce should be
admitted on the same terms on which i)roduce
from the British possessions were admitte<I. —
This was the "elsewhere," Ac. Tho British
f;overnment refused to negotiate ; and then Mr.

Gallatin wan instniotol to waive tomporAr'
the demand of right, and arrept the privj',
otrere<l by the tu-t of 182.'). Hut in the „,!,
time the year allowed in tho aet for \U tm.J
anro had expired, an<I .Mr. Gallatin wn^ tr,i
that his oiler wa.H Um late! To that answiri]
British ministry adhered; and, from the i,i.,ni
of July, I82(J, tho direct tnwlo to tho Knij.i
West Indies was lost to our citizens, li.»,|J
them no mode of getting any sliaro in thattrvie
either in sending out onr productions or rw^;,
ing theirs, but through tho ex|)cnsive, titli„iu
and troublesome process of a circuitous vovai
and tho intervention of a foreign vessel, Tlj
shock and dissatisfaction in tho United -StaJ
were extreme at this unexiN!ctc<l bervuvinun;!
and that dissotisfaction entered largely into i|,
political feelings of tho day, ond became a |K,ij
of attack on Mr. Adam-s's administration, am] a
element in the presidential canvass which mil
in his defeat.

In giving an accoimt of this untoward evij
to his government, Mr. Gallatin gave an accoiid
of his final interview with Mr. IIuskis.son, fnJ
which it ap{)eared that tho claim of "ri|jlit" oi
tlw part of tho United States, on which Mr. fij
latin hod been instructed to " insist," was 'tcni
porarily waived ;" but without effect. IrritatioJ
on account of old scores, as expressed bv JlJ
Gallatin — or resentment at our pertinacious peJ
sistenco to secure a "right" where tho rcst(
tho world accepted a " privilege," as intimate
by Mr. Iluskisson — mixed itself with thei
fusal; and the British government iuihcrcdi
its absolute right to regulate the foreign In^
of its colonies, and to treat us as it did the i
of tho world. The following arc passages foj
Mr. Gallatin's dispatch, from London, Scptcmlx
11. 1827:

'• Mr. Huskis.son said it was the intentinn (
the Briti.sh povernment to consider the inter
course of the British colonies as being e.xclii«m
ly under its control, and any relaxation ip
the colonial system as on indulgence, to
grttntcd on such terms as might suit the polr
of Great Britain at the time it was grantd.
said every question of right had, on this
sion, been waived on the part of thelnitij
States, tho only object of tho present inqiiii
being to a.scertain whether, as a matter of di^
tual convenience, the intercourse might not I
ojHined in a manner satisfactory to both com
tries. lie (Mr. H.) said that it had apjicnredij
if America had entertained the opinion that I

ANNO 182* ANDUEW JACKSON, rRF>*niKNT.

1J7

llniifh ^V<'>'t IndicH ooiild not pJiiNt witlioiit her
LrlJii"-; nii'l timi >lie iiii;:ht, thcn'fon', coiniicl
ji .,,1 lltit.iiii to ii|K'n ilic iiilcri'Durxo on any
Itrm""'''' pi''"*'''!. I (lixflniini'd nny Mirh M'wf
L iiiti'iitiiin rui tlif pari "f tlio liiiti-*! SlnU-x.
lib! It «|'|iui>r<Hl to nic, anil I intinmU-*! it, in<lcv<|,
III) Mr. llii>*ki>.son, lliat lie Hits ml'iuif rntliiT iin-
l^-thp inlliitiicf iif irritatcil fcflin^-*, on nn-oiint

^r4«tevi'ii»'<, than with a view to tho mutual

jure.tx of Iwth parlius."

jlij^ WHS Mr. flallatin's Iitst disjiatcli. An
fl-f in council was issued, intiTdiclin^ the trade

l, tl:' I'nited States; and lio returned home.
Ir. James IJarhour, Secretary at War, was sent
)I,(inilon to replacu )iim, and to attempt a(;nin

Iv rc'piilse<l negotiation j Init without succors.
; IJritisli government refused to open tho ques-
Kn; and thus tho direct ncccss to this valuable
Iwnracrce remained scaled apainst us. President
l!»m^, lit tho commencement of the session of

fuiiyrci's. 1827-28, formally communicated this
^tto that body, and in terms which showed at
tK t' "t an insult hod been received, an injury
LsUinwl, redress refused, and ill-will established
jetncn tho two governments, IIo said:

"At the commencement of tho last session of
t)iii:ri'!iM, tlioy were informed of tho sudden and
licsiK'Olcd exclusion by tho British povcrnmcnt,
iKWRS, in vessels of the United States, to all
Itir colonial ports, except thoso immediately
joitluring upon our own territory.
rin the amicable discussions which have suc-
kled the odoption of this measure, which, as it
Irttoliiarshly tho interests of the United States,
nmc a subject of expostulation on our part,
|jrinciples upon which its justiflcation has
HI placed have been of a diverBided character.
I lias at once been ascril>ed to a mere recurrence
i the old long-established principle of colonial
Uopoly, nnd at tho same time to a feeling of
tiitinent, because the offers of an act of Par-
Iniont. oiiening tho colonial ports upon certain
mdilions, had not been grasped at with sufficient
kriiiss by an instantaneous conformity to
U. At a subsequent period it has been inti-
(itwl th;it the new exclusion was in resentment,
ause a prior act of Parliament, of 1822, open-
certain colonial porta, under heavy and bur-
mmt> restrictions, to vessels of the United
lates. had not been reciprocated by an admis-
In of British vessels from tho colonics, and
Vir cargoes, without any restriction or discrimi-
)tion whatever. But, be tho motive for the
lerdiction what it may, tho British government
ire manifested no disposition, either by negoti-
JoD or by corresponding legislative enactments,
(recede from it ; and we have been given dis-
Jclly to understand that neither of tho bills
lich were imder the consideration of Congress
I their last session, would ba,ve been deemud

Hti(11ri<>nt in ihcjr ct>nr«"«)iion'« to lmTi« Imth n-wnr I.
ed by any nliixation from tlic llnti^h uili nliif.
The Uritiidi pivi'rnnu'ut luivo not only dirlmril
rH>(;otlntion u|K)n the subjift, Imt, by ihc |iiiiici-
|>lu thcv have a.»4utiu>d with rel'iTi-iii')' to it. liiiMt
prt'cludetl even the nicauH of ncKotintioii. It U-
owni'S not the wll-resiR-et of the I iiittil .*>tnl>s,
either to solicit gratuitous fiivoiirs. or to uc<i'|it,
as the Rfiuit of a fuvor. that for wliiili an ainplu
equivalent is e.\acte<l."

This was the communication of Mr. .\ilams to
Congress, and certainly nothing could be more
vexatious or ho|ii-1esH than the case which he
presented — an inj'"")') on insult, n rebull', and n
refusal to talk with us upon the subject. Nep>-
tiation, and the hope of it, having thus terminat-
ed, President Adams did what tho laws re<iuired
of him, and issued his proclamation making known
to tho country the total cesaation of nil direct com-
merce between tho United States and the British
West India Islands.

The loss of this trade was a great injury to thf
United States (besides the insult), and was at-
tended by circumstances wliich gave it the air of
punishment for .something that was past. It was
a rebuff in tho face of Europe; for while tho
United States were sternly nnd unceremoniously
cut off from the benefit of the act of 1825, for
omission to accept it within tho year, yet other
powers in the same predicament (France, Spain
and Russia) were permitted to accept after tho
year; and lh«' "irritated feelings" manifested by
Mr. Iluskisstjn indicated a resentment which was
finding ts gratification. Wo were ill-treated,
and felt it. The people felt it It was an ugly
case to mauiagc, or to endure; and in this period
of Us worst aspect General Jackson was elected
President.

His position was delicate ond difBcult. His
election had been deprecated as that of a rash
and violent man, who would involve us in quar-
rels with foreign nations; and here was a dissen-
sion with a great nation lying in v.nit for him —
prepared to his hand — the legacy of his j-.i-odeeea-
sor— either to be composed satisfactorily, or to
ripen into retaliation and hostility ; for it was
not to be supposed that things could remain as
they were. He had to choose between an attempt
at amicable recovery of the trade by new over-
tures, or retaliation — leading to, it is not known
what. He determined upon tho first of these al-
ternatives, and Mr. Louis McLane, of Delaware,
was selected for the delicate occasion. He was

128

TIIIKTY YEAltS' VIEW.

R-nt minister to liondon ; and in renewing; an
application wliich hail bc'tn so lately and so cate-
gorically rejected, some reason had to be given
lor a |)ersistancu which niiglit seem both ini])or-
tiinate and des|icratc. and even delicient in self-
respect ; and that rea.son was found in the simple
truth that tlierc had been a change of adminis-
tration in the I'nited States, and with it a change
of opinion on the subject, and on the essential
|>oint of a '• right " in us to have our productions
admitted into her West Indies on the same terms
OS British productions were received; that we
were willing to take the trade as a "privilege,''
and simply and unconditionally, under the act of
Parliament of 18:25. Instructions to that effect
had been drawn up by Mr. Van BuR'n, Secretary
of State, under the sj[K'cial directions of General
Jackson, who took this early occasion to act
upon his cardinal maxim in our foreign intcr-
cour.se : " Ask nothing but leliat is right — sub-
mit to nothing wrong. " This frank and candid
policy had its efli'ct. The great object was ac-
comi)lished. The trade was recovered; and
wiiat had been lost under one administration, and
precariou.sly enjoyed under others, and been the
subject of fruitless negotiation for forty years, and
under six dif'i^cnt Presidents — Washington. John
Adams, Jeflerson, Madison, Monroe, Quincy Ad-
ams — with all their accomplished secretaries and
ministers, was now amicably and satisfactorily
obtained under the administration of General
Jackson ; and upon the basis to give it perpetu-
ity — that of mutual interest and actual recipro-
city. The act of Parliament gave us the trade
on terms nearly as good as those suggested by
Washington in 1781); fully as good as those
asked for by him in 1794; better than those in-
serted in the treaty of that year, and suspended
by the Senate ; and, though nominally on the
same terms as given to the rest of the world, yet
practically better, on account of our proximity to
this British market; and our superabundance
of articles (chiefly provisions and lumber) which
it wants. And the trade has been enjoyed un-
der this act ever since, with such entire satisfac-
tion, that there is already an oblivion of the forty
years' labor which it cost us to obtain it ; and a
generation has grown up, almost without know-
ing to whom they are indebted for its present
enjoyment. But it made its sensation at the
time, and .1 great one. The friends of the Jack-
son administration exulted ; the people rejoiced ;

gratillcation was general — but not uiiiTers*!.!
and these very instructions, under which sn^J
great and lasting advantages had been ohLimtfif
were made the occassion in the Senate of tf J
United States of rejecting their ostensildu m,(| J
as a minister to London. But of this licrcal\(t

The auspicious conclusion of so delicate an af-l
fair was doubtless first induced by General Jaci J
.son's frank policy in falling back upon Wasjiin*.
ton's ground of " privilege, " in contradi,stinctioj
to the new pretension of " right, '■' — helpcU out
little, it may be, by the possible after-clap ^uj
gested in the second part of his maxim. Go
sense and good feeling may also have had its j
fluence, the trade in question being as disirahlJ
to Great Britian as to the United States auj
better for each to carry it on direct in their ow
vessels, than circuitously in the vessels of otlicrsl
and the articles on each side being of a kind i
solicit mutual exchange — tropical productions
one part, and those of the temperate zone on \\t
other. But there was one thing which certain! J
contributed to the good result, and that was thj
act of Congress of May 29th, of which Genon
Samuel Smith, senator from Maryland, was tU
chief promoter ; and by which the President ivj
authorized, on the adoption of certain measure
by Great Britian, to open the ports of the UniJ
States to her vessels on reciprocal terms. tJ
ciTect of this act was to sti-engthen GencralJaclj
son's candid overture; and the proclainatiJ
opening the trade was issued October tlie5tl
1830, in the second year of the first terra of ill
administration of President Jackson. And uadi
that proclamation this long desired trade
been enjoyed ever since, and promises to be e
joyed in after time co-extendingly with the dui
tion of peace between the two countries.

CHAPTER XLIII.

ESTADLIsnMENT OF THE GLOBE NEWSPAPEl

At a presidential levco in the winter of 18j
-'31, Mr. Duff Green, editor of the T./OToi
newspaper, addressed a person then and non
respectable resident of Washington city (.Mr, j
M. Duncanson), and invited him to call at f
house, as ho had something to say to him wbl

AXXO 1829. AXnilEW JACKSON, riirMDEXT.

129

II.

foalJ ri'iniio a confiJontial interview. The call
»isDiaili'r ""^l l*'*! ol>ject of the interview di.s-
{lojcd, wliicli was nothing le.ss tlian to engngo
^.j. (Mr. Duncan.son's) a.s.si.stanco in tho execu-
^^n of a scheme in relation to tlio next presiden-
lal flection, in which General Jackson should
I ii prevented from becoming a candidate for re-
flrt'tion, and Jlr. Calhoun should bo brought for-
fanl in his iilacc. He informed Mr. Duncanson
liiat a rupture was imi)cnding between General
Jackson and Mr. Calhoun ; that a correspond-
ence liad taken place between them, brought
iliout (as he alleged) by the intrigues of Mr.
I Vj„ Burun ; that tho correspondence was then
ia print, but its publication delayed until certain
I jirangements could bo made ; that the demo ■
Icratic papers at the most prominent points in
jilie States were to be first secured ; and men well
I known to tho people as democrats, but in tho ex-
Ic'.ujive interest of Mr. Calhoun, placed in charge
Icfthcm as editors ; that as soon as the arrange-
Lents were complete, the Telegraph would
|fta.lle the country with the announcement of
Itlie difficulty (between General Jackson and
IJIr. Calhoun), and the motive for it; and that
ill the secured presses, taking their cue from tho
wpekgraph, would take sides with Mr. Calhoun,
mil cry out at the same time ; and tho storm
tould seem to bo so universal, and tho indigna-
pou against Mr. Van Buren would appear to be

great, that even General Jacksons popularity
tould be unable to save him.

Jfr. Duncanson was then invited to take part

1 the execution of this scheme, and to take
irgeof the Frankfort (Kentucky) Argus } and

littering inducements held out to encourage him

D do so. Mr. Duncanson expressed surprise and

»«ret at all that he heard — declared himself the

[icnd of General Jackson, and of his re-election

■opposed to all schemes to prevent him from

King a candidate again — a disbeliever in their

lioccss. if attempted — and made known his de-

raiinatioii to reveal the scheme, if it was not

landoned. Mr. Green begged him not to do so

aid that the plan was not fully agreed upon ;

1 mip:ht not be carried out. This was the end
Itiie first interview. A few days afterwards

, Green called on Mr. Duncanson, and inform-
|him that a rupture was now determined upon,

1 renewed his proposition that ho should take
bge of some paper, either as proprietor, or as
|iir on a liberal salary — one that would tell on
Vol. I.— 9

the farnuTs am! mechanics of the cDuntry, and
made m cheap as to go into every workshop and
cabin. Mr. l)uncaiis(>n was a practical printei
— owned a good job office — was doing a large
business, cf j)ccially for tho dej artmcnt.s — and
only wished to remain as he was. Mr. Green
oflered, in both interviews, to relievo him from
that concern by purchasing it from him, and as-
sured him that ho would otherwise lose the
printing of the departments, and bo sacrificed.
Mr. Duncanson again refused to have any thing
to do with tho scheme, consulted with some
friends, and caused the whole to bo communicat-
rd to General Jackson. Tho information did not
take the General by surprise ; it was only a con-
ii' nation of what he well suspected, and had
been wisely providing against. The history of
tho movement in Mr. Monroe's cabinet, to bring
him before a military court, for his invasion of
Spanish territory during tho Seminole war, had
just come to his knowledge; tho doctrine of
nullification had just been broached in Congress;
his own patriotic toast: "The Federal Union:
it must be preserved " — had been delivered ; his
own intuitive sagacity told him all the rest — the
breach with Sir. Calhoun, tho defection of the
Telegraph, and the necessity for a new paper at
Washington, faithful, fearless and incorruptible.
The Telegraph had been the central metro-
politan organ of his friends and of the demo-
cratic party, during tho long and bitter canvass
which ended in tho election of General Jackson,
in 1828. Its editor had been gratified with the
first rich fruits of victory — the public printing
of the two Houses of Congress, the executive
patronage, and the organship of tho administra-
tion. Tho paper was stii'. (in 1830) in its
columns, and to tho public eye, the advocate and
supporter of General Jackson ; but ho knew
what was to happen, and quietly took his mea-
sures to meet an inevitable contingency. In the
summer of 1830, a gentleman in one of the pub-
lic offices showed him a paper, the Frankfort
(Kentucky) Argus, containing a {towcrful and
spirited review of a certain nullitication speech
in Congress. He inquired for tho author, a.scer-
tained him to bo Mr. Francis P. Blair — not tho
editor, but an occasional contributor to tho Argua
— and had him written to on tho subject of tak-
ing charge of a paper in Washington. The ap-
plication took Mr. Blah* by eurpriso. lie waa
uot thinking of changing his residence and pur<

130

THIRTY Y?:ARS' view.

suits. He wns well occii|)it'<l where he was —
clerk of the hunitive niVu-u of the State Circuit
Court at tlie ciipital of the State, salaried presi-
dent of the Commonwealth IJunk (by the elec-
tion of the legislature), and proprietor of a fann
and slaveH in that rich State. Hut he was devot-
ed to General Jack.son and his measures, and did
not hesitate to relinqi;ish his secure advantages
at home lo engage in the untried business of
editor at Washington. lie came— established the
O'lohe newspaper — and soon after associated with
John C. Kives, — a gentleman worthy of the
association and of the confidence of General Jack-
son and of the democratic party : artd under their
management the paper became the efficient and
faithful organ of the administration during the
whole period of his service, and that of his suc-
cessor, Mr. Van Buren. It was established in
time, and just in time, to meet the advancing
events at Washington City. All that General
Jackson had foreseen in relation to the conduct
of the Telegraph, and all that had been com-
municated to him through Mr. Duncanson, came
to pass : and he found himself, early in the first
term of his administration, engaged in a triple
war — with nullification, the Bank of the United
States, and the whig party: — and must have
been without defence or support from the news-
paper press at AVashington had it not been for
his foresight in establishing the Globe.

CHAPTER XLIV.

LIMITATION OF PUBLIC LAND SALES. SUSPEN-
SION OF SURVEYS. ABOLITION OP THE OFFICE
OF SU^JVEYOR GENEUAL. ORIGIN OF THE UNI-
TED STATES LAND SYSTEM. AUTHORSHIP OF
THE ANTI-SLAVERY ORDINANCE OF 1773. SLA-
VERY CONTROVERSY. PROTECTIVE TARIFF.
INCEPTION OF THE DOCTRINE OF NULLIFICA-
TION.

At the commencement of the session 1829-'30,
ilr. Foot, of Connecticut, submitted in the Sen-
ate a resolution of inquiry which excited much
feeling among the western members of that body.
It was a proposition to inquire into the expe-
diency of limiting the sales of the public lands to
those then in market — to suspend the surveys
of the public lands— and to abolish the office of
{Surveyor GoucitiL The effect of such a resolu-

tion, if sanctioned upon inquiry and carriid into
legislative effect, would have been to check tn,\.
gration to the new States in the West— to cluck
the growth and settlement of these States ami
territories — and to deliver up large portions of
them to the dominion of wild beasts. In that
sense it was immediately taken up by mvsdi;
and other western members, and treated as aa
injurious proposition — insulting as well as inju.
rious — and not fit to be considered by a com-
mittee, much less to be reported upon and ador^ I
ted. I opened the debate against it in a speech
of which the following is an extract :

"Mr. Benton disclaimed all intention of hav.
ing anything to do with the motives of the]
mover of the resolution : he took it accordinp to I
its effect and operation, and conceiving this lu ]A
eminently injurious to the rights and interfstsl
of the new States and Territories, ho should jus. j
tify the view which he had taken, and tho votel
he intended to give, by an exposition of factsl
and reasons which would show the disastrousl
nature of the practical effects of this resohition.f

" On tho first branch of these eflects— check- L
ing emigration to the West — it is clear, that if I
the sales arc limited to the lands now in market,!
emigration will cease to flow ; for these landJ
are not of a character to attract people at a dis-f
tance. In Missouri they are the refuse of fortv
years picking under the Spanish Government I
and twenty more under the Government of thd
United States. Tho character and value of thii]
refuse had been shown, officially, in the reporti
of the Registers and Receivers, made in ok'diomj
to a call from the Senate. Other gentlemeij
would show what was said of it in their resp
tivo States ; he would confine himself to hi
own, to the State of Missouri, and show it to t
miserable indeed. The St. Louis District, coni
taining two and a quarter millions of acres, wai
estimated at an average value of fiftcviu cents pel
acre; the Cape Girardeau District, containiiif
four and a half millions of acres, was cstimateT
at twelve and a half cents per acre ; the Wcs
tern District, containing one million and thrd
quarters of acres, was estimated at sixty-tw
and a half cents ; from the other two district!
there was no intelligent or pertinent return , buf
assuming them to be equal to the Western Dii
trict, and the average value of the lands tliej
contain would be only one half the amount o
the' present minimum price. This being tij
state of the lands in Missouri which would I
subject to sale under the operation of this real
lution, no emigrants would be attracted to then
Persons who remove to new countries want nel
lands, first choices ; and if they cannot get thes[
they have no sufficient inducement to move.

'■ The second ill effect to result from thisre.^
lution. supposing it to ripen into the mcasu
which it implies to be necessary would be I

'mitins the scttlemr

rerritories. This lin

If the inevitable viYvi

liie lands now in ma

amri, only amount

Bv cnnsequcnce. onl j

Itro thirds of the S(

fflhsbitants ; tho luso

period.' and the gen

ijpound tliis certain

rears. They say seyi

ire now in market ; tl

I rear; therefore, we

aemand for seventy-tv

Iff their heads to cons

iiipted to the value,

lions that is fit for ci

imraediatcly. Thoy m

year for seventy-two 3'(

the life of man — a Ion

nation ; the exact i)eric

tirity— a long and sor

tory of the Jews ; anc

Urrowful in the histc

resolution should take c

I "The third point of c

del ver up largo portion!

Jriioiies to the dominion

souri, this surrender wou

of the St!ito, comprisinj!

sjuaro miles, covering t

Mf;e River, besides ma

maching within a dozei

ipital of the State. Al

i up to wild beasts : fo

loguished, and tho India

)Ie would be excluded

rouid take it; and all

)ifino command to rep

rcase and multiply upon

mover the beasts of the

a, tlie fish in the wa

iinirs of the earth.

•The fourth point of ol
il of the land records-
wlishing all the offices of
pese offices are five in ni
I abolish them all, and i
bate is, that they are
ly, offices which have re
ent. This is the desci
le have one of these oflS,

m something of it. n
fclonel Mclleo, in point o
flongs to the school of
put of science and in tell
|e first order of men tha
lotos. Ho and his ck
Ngery to the ultimate
In, and still fall short of ,
V this is an office whi(
flish under the notion
ce with revenues, and ■
i abolition of these offlc
ttssity of removing all tl

AXNO 1829. ANDREW JACKSON, IIM^IDK NT.

131

'^mitins the scttlpmont-i in tlic now .StntPK and
ferritorics. This limitation of sottlcnii-nt wonlil
\, the incvitnhle effect of conlinin;; tlie sales to
ihe lan<l'* now in market. These lands in Mis-
iiiiri. only ainonnt to one third of the State.
p,v cnnsequcnce. only one thii'l conld 1)0 settled.
Tiro thirds of the State wonld remain withont
inhabitants; the resolution xays, for 'a certain
period.' and the gentlemen, in their speeches,
expound this certain period to ho seventy-two
veirs. They say seventy-two millions of acres
■jfe now in market ; that we sell but one million
I ve»r ; therefore, wo have enough to supply the
doinand for seventy-two years. It does not en-
ter their heads to consider that, if the price was
liiptcd to the value, all this seventy-two mil-
I lions that is fit for cultivation would be sold
I immediately. They must go on at a million a
veir for seventy-two years, the Scripture term of
I the life of man — a long period in the age of a
I nation ; the exact jKriod of the Babylonish cnp-
Lfity— a long and sorrowful period in the his-
lloryof the Jews; and not less long nor less
I sorrowful in the history of the West, if this
[resolution should take effect.

•The third point of objection is, that it would
liiel ver up large portions of new States md Tor-
Iritoiies to the dominion of wild beas.; •• > 's-

jsouri. this surrender would be equal to tv, . - . u: ■ is
lofthe State, comprising about forty '■" i.ud
Luarc miles, covering the whole valley of the
lo<a|;e River, besides many other parts, and a|)-
liwacliing within a dozen miles of the centre and
apital of the State. All this would be deliver-
i up to wild beasts : for the Indian title is ex-
Inguished, and the Indians gone ; the whitu pco-
n'ould be excluded from it ; beasts alone
{iraiild take it ; and all this in violation of the
pirine command to replenish the earth, to in-
I and multiply upon it, and to have domin-
ion over the beasts of the forest, the birds of the
[r tiie fish in the waters, and the creeping
iimfs of the earth.

The fourth point of objection is, in the rcmo-
|il of the land records — the natural effect of
wlishing all the offices of the Surveyors General,
tliesc offices arc five in number. It is proposed
p abolish them all, and the reason assigned in
lehte is, that they are sinecures ; that is to
iv, offices which have revenues and no employ-
Mt. This is the descriiition of a sinecure.
fa have one of these offices in Missouri, and I
kosr something of it. The Surveyor General,
lolond Mcllee, in point of fidelity to his trust,
■longs to the school of Nathaniel Macon ; iii
pt of science and intelligence, ho belongs to
i first order of men that Europe or America
Btains. Ho and his clerks carry labor and
ludj^ery to the ultimate point of human excr-
W aiid still fall short of the task before them ;
this is an office which it is proposed to
iish under the notion of a sinecure, as an
witli revenues, and without employment.
! abolition of these offices would involve the
lessity of removing all their records, and thus

doprivins the miintry of nil the cvidcncrs of t1i<
foundatiiins of all the land titles. This woiili.
be sweeping work ; but the (ji'MtU-nian's pliit»
would l)(' in('()iii|i!i'te without includini; tin
(ifiRTal Land (Mljco in this rity. tin? iiniicip:il
business of which is to stifxTinteiid the five Swv-
veyor <jleneral'soflices. nncl for which thore could
bu but little use after they were nljolished.

" These are the practical eH'ccts of the resol -
tion. Kmigration to the new States cheekeil,
their settlement limited ; a large portion of their
surface delivered up to the dominion of boasts ;
the land records removed. Such ni-e the injinies
to bo inflicted ui)on the new States, and we, the
senators from those States, are called uiK)n to
vote in favor of the resolu'tion which proposes t)
inquire into the expwliency of committing all
these enormities ! 1, for one, will not do it. i
will vole for no such inquiry, I would as soon
vote for inquiries into the expediency of confla-
grating cities, of devastating provinces, and of
submerging fruitful lands under the waves of the
ocean.

" I take my stand upon a great moral principle .
that it is never right to inquire into tho ex|)e(ii-
ency of doing wrong.

" Tho propowid inquiry is to do wrong ; to in-
flict unmixed, unmitigated evil upon tho new
States and Territories. Such inquiries are not
to bo tolerated. (Jourts of law will not sustair
actions which have immoral foundations ; legis'
lativo bodies should not sustain inquiries which
have iniquitous conclusions. Courts of law mako
it an object to give public satisfaction in tiie ad-
ministration of justice ; legislative bodies should
consult the public tranquillity in tho prosecution
of their measures. They should not alarm and
agitate tho country ; yet, this inquiry, if it goes
on, will give the greatest dissatisfaction to tho
new Slates in tho West and South. It will alarm
and agitato them, and ought to do it. It will
connect itself with other inquiries going on else-
where — in the other end of this building — in tho
IIouso of Representatives — to mako the nev*
States a soiu'ce of rcvenne to the old ones, to de-
liver them up to a new set of masters, to throw
them as grapes into tho wine press, to be trod
and squeezed as long as one drop of juico could
bo pressed from their hulls. These measiu'es will
go together ; and if that resolution passes, and
this one passes, tho transition will bo easy and
natural, from dividing the money after the luntls
are sohl, to divide the lands before they are sold;
and then to renting the land and drawing an an-
nual income, instead of selling it for a price in
hand. The signs are i)ortentous ; tho crisis is
alarming ; it is time for tho new States to wake
up to their danger, and to prepare for a struggle
which carries ruin and disgrace to them, if tho
issue is against them."

The debate spread, and took an acrimonious
turn, aud sectional, imputing to tho quarter of
the Union from which it came an old, and early
policy to check the growth of tho West at IIm

132

THIKTi Yr.AllS' VIKW.

outset hy |iro|)osin); to limit the sale of the wcht-
erii lan<ls U) a 'clean ridiiance" a« they went —
M-lliiig no tract in advance until all in the rear
was Kold out. It NO happened that the iirst or-
dinance rejjorted for the saie and tiurvey of west-
er:; lands in tiic ('on;;rc8H of the Confederation,
(1785.) contained a provision to thii cflect; and
('.'line from a conitnittec st/onply Xi '.'rn — two
ti) one, eight against four: and w» airuck out
in the House on the motion of Houthcrn members,
Hup])orte<l by the whide power of the South. I
f;avo this account of the circumstance :

''The ordinance reported by the committee,
cont.iined the plan of surveying thj public lands,
whieli lias since been followed. It adopted the
scientific principle of ranges of townships, which
has lK;en continued eve' since, and found so
beneficial in a variety of ways to the country.
The ranges l)eg/^n on the I'ennsylvania line, and
proceeded west to the Mississij)pi ; and since the
aL(|uisition of Louisiana, they ;iavo proceeded
west of that I'ver; the townsiiips began upon
the Oliio Kivei, and proceeded north to the Lakes.
The tov«-nshipii were divided into sections of a
mile square, ti\ hundred and forty acres each ;
anil the minimum price was iixed at one dollar
I»cr acre, and not less than a section to be sold
together. This is tho outline of the present plan
of .sales and surveys ; and, with the modifica-
tions it has received, and may receive, in gradua-
ting the price of the land to tfie quality, the plan
is excellent. But a principle was incorporated
in the ordinance of the most fatal character. It
M as, that each township should be sold ou* com-
{)ljte before any land could be offered in the next
one! This was tantamount to a law that the
lands ' 'lould not be sold ; that the country should
not be settled: for t is certain that every town-
ship, or almost e- cry one, would contain land un-
fit for cultivation, and for which no person would
give six hinidrud and forty dollars for six hun-
tired and forty acres. The effect of such a pro-
vision may be judged by the fact that above one
hundred thousand acres remain to this day un-
sold in the first land district ; tfie district of i^tcu-
bLUviile. in Ohio, which included the iirst range
and first township. If that provision had re-
mained in tho ordinance, the settlements would
uot yet have got out of slight of the Pennsylva-
nia line. It was an uiijust and pre]X)sterous
provision. It required the people to take the
country clean before tliem ; buy all as tliey went ;
mountains, hills, and swamps ; rocks, glens, and
prairies. They were to make clean work, as the
giant Tolyphemus did when he ate up ttic com-
panions of Ulysses :

' No entrails, MimmI, nor aultd bono remains,'

Nothing could be more iniquitous than such a
provision. It was like requiring your guest to eat
all t' e tmncs on his plate before he should have
tuortj meat. To say that township No. 1 should

be soid out complete Jx-fore town«*hip No, 2slioiiV

be offered fur sale, was like requiiing the 1^,,^.,

of tho first turkey to Ije eat up before the bri|»,i

of the second one should be touched. Vet kiuji

was tho provision contained in the first ordinaua

I for the .sale of the public lands, reported liy ,,,

' Pijnmiittee of twelve, of which eight were frijiii

I the Jiorth and four from the soutli sid^ of the

I Potomac. How invincible must liave been tl!..

I determination of some politicians to prevuiu tl^'

settlement of the West, when they would thu.

counteract tho sales of the lands which had just

bei'H obtained after years of importunity, lur tin

payment of the public debt !

•' When this ordinance was put upon its i.as-
sago in Congress, two Virginian.s, whose n.iiuvs
for that act alone, would deserve the la.stin;; pra
titude of the West, levelled their blows again-i
the obnoxious provision. Mr. Grayson inovwi i.
strike it out, and Mr. Monroe seconded him ; and
after an an^ . .ited and arduous contest, they suc-
ceeded. The whole South supported them ; uut
one recreant arm from tlic South ; many scattc,-
ing members from the North also voted wiili
the South, and in favor of the infant West ; prov
ing then, as now, and as i'. Jways has been, tlmi i
tlw West has true supporters of her right.s anl
interests — unhappily not enough of tlum— in |
that quarter of tho Union from which the mea-
sures have originated that several times t!.,iu; >
ed to be fatal to her."

Still enlarging its circle, but as yet still confincl
to tho sale and disposition of the public lands.
tho debate went on to discuss the propriety ol I
selling them to settlers at auction prices, and at
an abitrary minimum for a1! qualities, and a r^
fusal of donations ; and in this hard policy the I
North was again considered as the exacting pan I
of the Union — the South as thu favorer of lil)or»l
terms, and the generous dispenser of gratuitous I
grants to the bcttle^s in the new States aud Tor- 1
ritories. On this point, Mr. Hayne, of Soutli |
Carolina, thus expressed himself:

" The payment of

'a penny,'

or a

FFF'I

corn,' was the stipulated price which our fathers
along the whole Atlantic coast, now composin:
the old thii'teen States, paid for their lands; anJ
even when conditions, seemingly more suustan-j
tial, were annexed to the grants ; such for instance |
as ' settlement and cultivation ; ' these were (ui;- [
sidered as substantially complied with, by llit I
cutting down a few trees and erecting a log cabai I
— the work of only a few days. Even thesewn- 1
ditions very soon came to be considered as mereljl
nominal, and were never required to be pursiiedl
in order to vest in the grantee the fee sinipie(l|
the .soil. Such was the system under which t
country was originally settled, and under whichl
the thirteen colonies tiouri.shcd and grew up ttl
that early and vigorous manhood, which emmt
them in a few years to achieve their indepcndcDftf

iml I '>(■!? pentlomc

fict. that while the

10 the mother count

industry wen suffer

hands. Now, what.

fon which has indue

fVitonj in tho set!

I'an it 1)0 any other

only :erto*n mcnn.s o

iK.<s. great and pros|

r\nt that policy foum

that the conquest of

out " the savage beast

ru'.'ngdown and si

fonntcring all the hai

.arily incident to th<

nc.<.s into cultivated fi

pic of the soil ? An'

the mother country

llir the value of the I

lions to her jjower an

meree and of wealth

,ind jK>puIous States ?

candid corsideration

[ifliicy so diametrically

iicen invariably pursiii

wards the new States

.0 just and liberal, as

to ix'lieve. Certain i(

nics to the north of tis,

to the south and wes

reared up under a ver'

[ which had been for fifli

■ every settler, without

pense of the survey, v

into the hands of the

wle at the highest pri

the Hiost favorable sea5

,1 .spirit of the wildest (

with a limitation that

J heipw a certain minim

as it would seem, the ci

not to settle the countr

I tion of new States, bu

ing our lands into goh

The debate was tak

I eign to the expectation

[olution, and which, in

I nations, would only inf

ling to any practical i

[this; and to get rid of

jits indefinite postponei

I motion lie delivered a

I new topics, and greatlj

|e.\tended the length of

jposwl to terminate.

Jferredto the author«;ai

ling the famous ordina

lernment of the Northw

Ipecially in relation t(

AXXO 1829. ANDREW JACKSON, VUrsinrNT.

133

jivl I '•*"!? pentloincn to rcmllcct. nnd note tlio
fict, that, while they pnifl siilistniitinlly nnthiiia:
1(1 the mother oonntry. the whole profits of t!uir
iniliistry ^»ero Kiiflcrcd to n-iimin in their own
haiwis. Now, what, lot iis inquire, wns tlie rea-
^n which has induccfl all nations to arlojit this
fvstcm in the settlement of new countries?
(^'an it 1)C any other than this ; that it atlbnis the
only :erto*n means of building; up in a wilder-
ness, preat and prosjierous communities ? Was
not that policy founded on the universal belief,
that the conquest of a new coimtry, the drivinc
out " the savage beasts and still more savape men,"
ni'.'njrdown and subduinp the forest, and cn-
fflimtcrinR all the hardships and privations neces-
varilv incident to the conversion of the wilder-
ness into cultivated fields, wns worth the fee sim-
ple of the soil ? And wi « it not believed that
the mother country foun \ ample remuneration
fur the value of the land no j,rantcfl, in the addi-
tions to her jK>wcr and the new sources of com-
merce and of wealth, furnished by prosperotis
and populous States ? Now, sir, I submit to the
candid consideration of gentlemen, whether the
lolicy so diametrically opposite to this, which has
ken invariably pursued by the United States to-
iiards the new States in the West has been quite
.0 just and liberal, as we have been accustomed
ti) ix'Iieve. Certain it is. that the British colo-
nies to the north of us, and the Spanish and French
to the south and west, have been fostered and
icared up under a very different system. Lands,
which had been for fifty or a hundred years open to
every settler, without any charge beyond the ex-
pense of the survey, were, the moment they fell
into the hands of the United States, held up for
Nile at the highest price that a public auction, at
the niost favorable seasons, and not unfrequently
a. spirit of the wildest competition, could procuce ;
with a limitation that they should never be sold
below a certain minimum price ; thus making it.
(IS it would seem, the cardinal point of ou? policy,
not to settle the country, and facilitate the forma-
tion of new States, but to till our colters by coin-
ing our lands into gold,"

The debate was taking a turn which was for-
I eign to the expectations of the mover of the res-
I olution, and which, in leading to sectional crimi-
1 nations, would otly inflame feelings without lead-
ling to any practical result Sir. Webster saw
I this; and to get rid of the whole subject, moved
[its indefinite postponement; but in arguing his
I motion he delivered a speech which introduced
I new topics, and greatly enlarged the scope, and
[extended the length of the debate which he pro-
Iposwl to terminate. One of these new tc^ics re-
iferred to the authorship, and the merit of pass-
ling the famous ordinance of 1787, for the gov-
Ifrnraent of the Northwestern Territory, and es-
Ipecialiy in relation to th.e antislavcry clause

which that ordinance rontninod. Mr. Wi')i»t(r
clninu'il the m>'rit of this authorship for Mi.
Niithnu Dane — an eminent Jurist of Mnssaclni-
sett.s, and avowed that '• it van rnrrii'il Inj Ih^.
Ninth, anil by the North iilnnr.^^ I repliiiK
claiming the authorship for Mr. JefTerson. and
showing from the .louninl.s that he (Mr. .led'er-
.son) brotight the measure into Congress in the
year 1784 (the 10th of April of that yenr), n<
chairman of a committee, with the antislavcry
claiisc in it, which Mr. Speight, of North Caroli-
na, moved to strike out ; and it was struck out
— the three Southern States present voting fi>i
the striking out, bccau.so the clause did not tluii
contain the provision in favor of tha recovery of
fugitive slaves, which was afterwards ingrafted
upon it. Mr. Webster says it was struck out
becau.se •' nine States " did not vote for its reten-
tion. That is an error arising from confounding
tlie powers of the confederation. Nine States
were only required to concur in measures of tlic
highest import, as declaring war, making peace,
negotiating treaties, &c., — and in ail ordinary
legislation the concurrence of a bare majority
(seven) was sufficient ; and in this case there
were only six States voting for the retention.
New Jersey being erroneously counted by ^Ir.
Webster to make .seven. If she had voted the
numljer would have been seven, and the clnnso
would have stood. He was led into the error by
seeing the name of Mr. Dick appearing in the
call for New Jersey ; but New Jersey was not
present as a State, being represented by only one
member, and it requiring two to constitute the
presence of a State. Mr. Dick was indulged wiili
putting his name on the Journal, but his vote
was not counted. Mr. Webster snys the ordi-
nance reported by Jlr. Jefferson in l78 1. did not-
pass into a law. This is a mistake again. L
did pass ; and that within five days aftei the
antislavery clause was struck out — and that
without any attempt to renew that clause,
althoug'i the competent number (seven) of
non-slaveholding States were present — the col-
league of Jlr. Die'., naving joined him, and con-
stituted the presence of New Jersey. Two years
afterwards, in July 1787, the ordinance was pas.s-
ed over again, as it now stands, and was pre-
eminently the M-ork ol the South. The ordi-
nance, as it now stands, was reported by a com-
mittee of five members, of whom three were
from slaveholding States, and two (and one of

/; ;■

[?- ^ .

134

TimiTi' YEAHS* VIEW.

tii'.'iii lli<; cJiiiiritmiij wcru frotn \'irf:iiiia alone.
It iTcttivt'd ilH flrnt reiKliiiK the dny it wns re-
] irlcil — its .Kfcond ninliiif? the next dny. \v\wi\
KtR- other State had nppc'ari;d — thi- thinl readinjr
till tho (lay cnhiiiiif; ; Roing through nil the
tonus of loni.slatinii, niiil hccoiiiiiit; a law in three
(lays — receivinj; the votes of tho ci^^ht States
J. resent, and the vote of every nieinl>>- "'' cnrh
Slate, e.voept one; and that one f^-or free

State north of the Potomac. These tils I
verified hy producing the Journals, t;nd showed
(iiider the date.s of July 1 1 lh,1787, and July 12th
and loth, the votes ncuinlly friven for the ordi-
nance. The same vote repealed the ordinance
(Mr. .felTerson's) of 1784. I rend in the Senate
the pa.s.saf;eH from the Journal of the Congre.ss
of the confederation, the pas.snges which showed
these votes, and incorpornied into the speech
which I published, the extrnct from the Journal
which 1 jiroduced ; and now incorporatn the s.. ae
in this work, that the nuthorsliip of that ordi-
nawcc of 17S7, and its passage through the old
(/'ongrcss, may be known in all time to come as
the indisputable work, both in its conception and
consunnnation, of tho South. This is the ex-
tract:

THE JOURNAL.

Wednesday, July H/A, 1787.

'• Congress assembled : Present, the seven
States above mentioned." (Massachusetts, New
York, New Jersey, Virginia, North Carolina,
South Carolina, and Georgia — 7.)

'• The Committee, consisting of Mr. Carring-
ton (of Virginia), Mr. Dane (of Massachusetts),
Mr. It. II. Lee (oi' Virginia), Mr. Kean (of South
Carolina), and Mr. Smith (of New York), to
whom was referred the report of a committee
touching the temporary government of the AV'est-
crn Territory, reported an ordinance for the go-
vernment of the Territory of the United States
northwest of the river Ohio ; which was itad a
first time.

"Ordered, That to-morrow bo assigned for
the second reading."

" rhnrsdurj, July \2th, 1787.

" Congress assembled : Present, Massachu-
setts, New York, New Jersey, Delaware, Vir-
ginia, North Carolina, South Carolina, and Geor-
gia-(8.)

"According to order, the ordinance for tho
government of the Territory of the United States
northwest of the river Ohio, was read a second
time.

"Ordered, That to-morrow be assigned for
the third reading of said ordinance."

'• Friilay, July l.'i/A, 1787.

'• Congress n.<;scmblcd : Pre.sont, m yestpffl,,.

'• According to order, the ordinanri> for tl»
government of the Territory of the United Stuu^
northwest of the river Oliio, was read a thinl
time, and ji.assed as follows."

[Here follows the whole ordinance, in ti,,.
very words in which it now apjiears nmcnp tlii'
laws of the United States, M-ith the non-slaverv
clau.se, the provisions in favor of schools anl
education, against impairing the obligation o*'
contracts, laying the foundation and security nf
all these stipulations in compact, in favor of n.
storing fugitives from service, and repealing tliu
ordinance of 2;id of April, 1784— the one rciiort
cd by Mr. Jefferson.]

"On pa.s.sing the above ordinance, the ycaj
and nays being required by Mr. Y'ntcs :

Massachusetts — Mr. Ilolten, aye ; Mr. Dani'
aye.

New York — Mr. Smith, aye; Mr. Yates no:
Mr. Harring, aj'c.

New Jersey— Mr. Claike, aye ; Jlr. Schcur-
man, aye.

Delaware— yir. Kearney, aye ; Mr. Mitchell
aye.

Virginia— Mr. Grayson, aye; Mr. R. II, I,,^
aye ; Mr. Carrington, aye.

North Carolina — Mr. Blount, aye; Mr. Ilaw.
kins, aye.

Hou'th Carolina — Sir. Kean, aye ; Mr. IIu.
ger, aye.

Georgia — Mr. Few, aye ; Mr. Pierce, aye.

So it was resolved in the alfiimativc." (I'a;;!
754, volume 4.)

The bare reading of these passages from tho
Journals of the Congress of the old confedera-
tion, shows how erroneous Mr. Webster was in
these portions of his speech :

" At tho foundation of the constitution of tlioH^
new northwestern States, we are accustonu"!.
sir, to praise the lawgivers of antiquity ; wt
help to ])crpetuate the fame of Soion and Lycur-
gus ; but 1 doubt whether one single law of any
lawgiver, ancient or modem, has produced eflects
of more distinct, marked, and lasting character,
than the ordinance of ^87. That instrumem,
was drawn by Nathan Dane, then, and now, a
citizen of Massachusetts. It was adopted, a.s I
think I have understood, without the slightest
altqration ; and certainly it has happened to (m
men to be the authors of a political measure of
more large and enduring consequence. It fixed,
for ever, the character of the population in the
vast legions northwest of the Ohio, by exclud-
ing from thein involuntary servitude. It im-
pressed on the soil itself, while it was yet a wil-
derness, an incapacity to bear up an/ other tlun
free men. It laid the interdict against personal
servitude, in original compact, not only deeper
thou all local law, but deeper, also, tlian all kal

institutions. Un<
.M^tini. I l<K)k upf
I ill' provision, as a
i!, i-on.-iequcnces at
i.cver coiise to see tl
i^hail tioiv. Itwa.si
ol'|jri'»t'ntion. Sir.
;.,) intelligent genti
1,1 ask whether if hv
Utii !i|ii>lied to his
a wilderness, and b
.up of tho Allcgha
would li'ivo contribi
iitss of that common
not to be doubted, tli
produced an effect n<
measured in tho gri
extent and increase
.'^ir, this great measu
north, and by the no
deed, individuals cist
i! was supported as
votes of the northcri
liaJ been gover: d
views now ascrioed
was. of all others, th(
j^ jier purposes. It w
means of rendering
from her own popu
looked to that conseq
j 81ie deemed the regu
i tlie States that would
ml advantageous to
aiiiered to the princij
after year, until it wa
"An attempt has b
the North to the Soui
I .'ion of slavery from I
The journal, without
I futes such attempt.
was made, March, 17i
I following, a commiti
Ijctrerson, Chase, and
I for a temporary govci
iviiich was this artic
1 1800, there shall be
i imtary servitude in ar
I wise than in punishn
J party shall have beei
I of North Carolina,
j paragraph. Theques
I the form then pract
Island, as part of the
lEhire, Massachusetts,
lout, New York New
I— seven States, voted
jland, Virginia, and S(
Itive. North Carolina
Isent of nine States
■could not stand, and \
|Iy. Mr. Jefferson vo
lovemilcd by his colle,
I "In March, the ne;
■of Massachusetts, sec
■Rhode Island, propo

AXN'O U-29. ANDREW JACKSON. I'Rfyir>EXT

13d

OT«til'ition'^' I'mltT tho rirctimstanrcs t!u!n
viitini. 1 l'>olc wpon this nripinal an'l scnson-
» lie provision, a.s a real good attained. Wo we
<;, ifinsi'iiucnccH at tliia moment, ami wc shall
livcT ciiise to see them, perhajis, while the t)hio
.hall tlort'. It was a great and salutary measiii-c
„l |,n.nintion. Sir. I should fear the rebuke of
;,,) inlilligent gentleman of Kentucky, were I
t,i iuik whether if such an ordinance could have
luiii iipplicd to hi.s own S»ate, while it yet was
a wildtrness, and before Boon had passed the
;.-a|) of tho Alleghany, ho does not supj^se it
ivould liavo contributed to the ultimate great-
juss of that communwealth ? It is, at any .-ate,
not to be doubted, that where it did apply it has
proiluceil an eflcct not easily to bo described, or
iiicasurud in tho growth -^f tho States, and the
istcnt and increase of their population. Now,
fir. this great measure again was carried by the
north, and by the north alone. There were, in-
(Ititl. imlividuals elsewhere favorable to it ; but
it was supported as a measure, entirely by the
votes of the northern estates. If New England
had been gover: d by the narrow and selfisli
vions now ascrioed to her, this very measure
was, of all others, tho best calculated to thwart
, hir purposes. It was, of all things, the very
inc'iins of rendering certain a vast emigration
from her own population to the west. She
looked to that consequence only to disregard it.
[she deemed the regulation a most useful one to
the States that would spring up on the territory,
ml advantagcouc to the country at large. She
alhcred to the principle of it persevcringly, year
after year, until it was finally accomplished.

• An attempt has been made to transfer, from
I the North to the South, the honor of this exclu-
sion of slavery from the northwestern territory.
The journal, without argument or comment, re-
I lutes Buch attempt. Tho cession by Virginia
was made, March, 1784. On the 19th of April
following, a committee, consisting of Messrs.
Jefferson, Chase, and Howell, reported a plan
for a temporary government of the territory, in
ivhich was this article : ' that, after the year
1800, there shall be neither slavery, nor invol-
untary servitude in any of the said States, other-
I wise than in punishment of crimes, whereof the
(party shall have been convicted.' Mr. Speight,
I of Xorth Carolina, moved to strike out this
I paragraph. The question was put, according to
I the form then practised: 'Shall these words
I stand, as part of the plan,' &c.l New Hamp-
j shire, Massachusetts, Rhode Island, Connecti-
jcut. New York New Jersey, and Pennsylvania
-seven States, voted in the aflBrmative. Mary-
jland, Virginia, and South Carolina, in the nega-
Itive. North Carolina was divided. As the con-
Isent of nine States was necessary, the words
Icould not stand, and were struck out according-
lly. Mr. Jefferson voted for the clause, but was
|«vcrrulcd by his colleagues.

" In March, the next year [1785], Mr. King
Icf Massachusetts, seconded by Mr. Ellery of
iRhode Island, proposed tho formerly rejected

article, with this addition : '.I/k/ that thi» r^i^i
Idllon nhfill lie nn article of com part, ami re-
main iij'imtliimriitnl iirinciftle <if thr nuiAlitii
tioits hitwevn (he thirtrrn uri)^iiiitl Sluti-a. ninl
etirh of (he il(a(rM di-ncribrd in (he /c.<'i/rt',' Ac.
On this clause, which pnivided the ad''i|uate jwvI
thorough security, tho eight nortliern .Slatis at
that time voted alDnnativoly, and the four
southern States negatively. J'he vutos of nine
States were not yet obtained, and thus, the pn>-
vision was again n-J-cted by the southeiJi States
The iKTseverance o"f the north held out. and two
years afterwards the object was attained."'

This is shown to be all erroneous in relation to
this ordinance. It was not first drawn by Mr.
Dane, but by Mr. Jefferson, and thai nearly two
years before Jlr. Dane came into Congress. It
was not passed by tho North alone, but equally
by tho South — there being but eight States pre-
sent at the passing, and they equally of the North
and tho South — and tho South voting unani*
mously for it, both as States and as individual
members, while the North had one member against
it. It was not baffled two years for tlie want of
nine States; if so, and nip" States had been neces-
sary, it would not ha.. a passed when it was,
and never by free State votes alone. There were
but eight States (both Northern and Southern)
present at tho passing ; and there were not nine
free States in the confederacy at that time. There
were but thirteen in all : and tho half of these,
as nearly as thirteen can be divided, were slavo
States. The fact is, that the South only delayed
its vote for tho antislavery clause in tho ordi-
nance for want of the provision in favor of re-
coverinL; fugitives from service. As soon as tiiat
was added, she took the lead again for the ordi-
nance — a fact which gives great emphasis to the
corresponding provision in tho constitution.

Mr. Webster was present when I read these
extracts, and said nothing. lie neither reaffirm-
ed his previous statement, that Mr. Dane was
the author of the ordinance, and that '• Ihia great
measure teas carried by the North, and by tho
North alone" lie said nothing ; nor did he af-
terwards correct the errors of his speech : and
they now remain in it ; and have given occasion
to a very authentic newsptper contradiction of
his statement, copied, like my statement to the
Senate, from the Journals of the old Congress
It was by Edward Coles, Esq., formerly of Vir-
ginia, and private secretary to President Jladi-
Bon. afterwards governor of the State of Illinois,
and now a citizen of Pennsylvania, resident of

13G

THIUTY YEAIIS' VIEW

Diiladcliihin. Ho iimilc lii« cniroclion tliroiiKli
tlie N'atioiial Iiitcllij^fnocr, of Wa>:liin;itoii City ;
and Iniing ilrawn from the wmu' soiirtx-s it opri'cs
entirely with my own. And tliUK tlie South is
cntitloil to tlie creilit of oripn^ting and jiass-
ing tliis great meo-siirc — a circiimstunix' to \ic rc-
memlieri'd and (untt'd, as showing the South at
that time in taking the lead in curtailing and re-
Btricling tho existence of slavery. The cause of
Mr. WtbKter's mistakes may he found in tlic
fact tliat tho ordinance) was three times before the
old Congress, and once (the third time) in tho
liands of a committee of winch Mr. Dane was a
member. It was first reported by a committee
of tliree (April, 1784) of which two were from
slave states, (Mr. Jellcrfion of Virginia and Mr.
Cliase of Maryland,) Mr. Howard, of- Rhode
Island ; and this, as stated, was nearly two years
before Mr. Dane became a member. Tlio anti-
slavery clause was then dropixjd. there being but
six States for it. The next year, the antislaver}'
clause, with. some modification, was moved by Mr.
liufus King, and sent as a proposition to a. commit-
tee : but did not ripen into a law. Afterwards
the whole ordinance was passed as it now stands,
upon the report of a committee of six, of whom
Mr. Dane was one ; but not the chairman.

Closely connected with this question of author-
ship to which Mr. Webster's remarks give rise,
was another which excited some warm discussion
— the topic of slavery — and the effect of its ex-
istence or non-existence in different States. Kcn-
tuckj'and Ohio were taken for examples, and the
superior improvement and population of Ohio
were attributed to its exemption from the evils
of slavery. This was an excitable subject, and
the more so because the wounds of the ilissouri
controversy, in which the North was the undis-
puted aggressor, were still tender, and hardly
scarred over. Mr. Ilayne answered with warmth
and resented as a reflection upon the slave States
this disadvantageous comparison. I replied to
the same topic myself, and said :

" I was on the subject of slaver\-, as connected
with the Missouri question, when last on the
floor. The senator from South Carolina [Mr.
Hayne] could see nothing in the question before
the Senate, nor in any previous part of tho de-
bate, to justify the introduction of that topic.
Neither could I. He thought he saw the ghost
of the Missouri question brought in among us.
So did I. He was astonished at the apparition.
I was not : for a close observance of the signs
iu the West had prepared me for this develop-

ment from tho East. I was well jm partil i ,,
that invective against (iiavery, and for tlim an,.
plilication of the blessings uf exemption li,,.',
slavery, cxeuiplilied in the condition of (i|„i,
whicii tho senator from Massachusetts iii>|iil.,,|
in, and which the oiywt in view required ti,"i,,
derived from the Northeast. I cut the roji , f
tliat derivation by reading a passag<! from ii„.
.Journals of tho old Congress ; but this will i|.,t
prevent tho invective and cncomiunj from gi,itij.
forth to do their ofHce ; nor obliterate the line
which was d.'-awn betwc<'n the free State ofOi.m
and the slave State of Kentucky. If tiieoi,;/
results of this invective and encomium wif,.
to exalt still higher tho oratorical fame of tl;f-
siKjaker, I should spend not a moment in remaik!
ing uiwn them. But it is not to be forgotten that
tho terrible Missouri agitation took its rise fioil
the '• substance of two speeches" delivered i.ii
this floor ; and since that time, antislavery s|ice(I,.
es, coming from the sf.tio political and geograiihi-
cal quarter, are not to be disregarded here. AVhat
was said upon that topic was certainly intondcl
for the north side of the Potomac and Ohio ; to
the people, then, of that division of the Union.
I wish to address myself, and to disabuse thmi
of some erroneous impressions. To them I can
truly say, that slavery, in the abstract, has hn
few advocates or defenders in the slave-lioldin'
States, and that slavery as it is, an hereditary in-
stitution descended upon us from our ancestors.
would have fewer advocates among us than it
has, if those who have nothing to do with the
subject would only let us alone. The sentiintnt
in favor of slavery was much weaker before those
intcrmeddlcrs began their operations than it is at
present. The views of leading men in the North
and the South wcro indisputably the same in
the earlier periods of our government. Of this
our legislative history contains the highest proof,
The foreign-slave trade was prohibited in Virgi-
nia, as soon as the Revolution began. It was one
of her first acts of sovereignty. In the conven-
tion of that State which adopted the federal con-
stitution, it was an objection to that instrument
that it tolerated the African slave-trade for twen-
ty years. Nothing that has appeared since lias
surpassed tho indignant denunciations of this
traffic by Patrick Henrj', George Mason, an!
others, in that convention.

" Sir, I regard with admiration, that is to say.
with wonder, the sublime morality of those ,vl;o
cannot bear the abstract contemplation of sla-
very, at the distance of five hundred or a tiiou-
sand miles off. It is entirely above, that is to I
say, it afTects a vast superiority over the moral- [
ity of the primitive Christians, the apostles of
Christ, and Christ himself. Christ and I
apostles api)earcd in a province of the Roman I
empire, when that empire was called the Koman
world, and that world was filled with slavpii
Forty millions was the estimated number, being
one-fourth of the whole population. Single indi-
viduals held twenty thousand slaves. A freed
man, one who liad himself been a Siuve, diedtbe

ANKO 1829. ANDIIEW JACKSON, PRESIDKXT.

137

r,K*.*">'' "f '"""■ thousnn-I — such wore the nnm-
Itri. Tin? rights of the owners over this miilti-
,,,,1.. of human lioinn^ ^*'''*'' *''"' *''' '"'-' ""'^ <l™th,
nthout |)r()tcction from law or mitifration from
ntiMio wntimcnt. Tho 8coiir(je, tho cross, the
lish-poml, the den of tho wihl hcast, and tliu
jnnaof of tho ghidiator, was the lot of tho slave,
npoii the slightest expression of tho master's will.
\ law of incredihlo atrocity made all slaves rc-
^pinwble with their own lives for tho life of their
lujstur; it was the law that condemned the
ffhole household of slaves to death, in case of the
j;s,rssin3tion of the master — a law under which
■li many as four hundred have been oxocutod at
1 tiine. And those slaves were the white peoplo
of Euroi)e and of Asia Minor, tho Gretiks and
ivhor nations, from whom the present inhabitants
of tho world derive the most valuable productions
of the human mind. Christ saw all this — the
number of tho s'n.vcs — their hapless condition —
jnd their white color, which was the same with
bis own; yet ho said nothing against slavery;
lie preaclicd no doctrines which led to insurrec-
tion and massacre ; none which, in their applica-
tion to the state of things in our country, would
authorize an inferior race of blacks to extcrmi-
nitc that superior race of whites, in whose ranks
jhc himself appeared upon earth. Ho preached
10 such doctrines, but those of a contrary tenor,
hich inculcated tho duty of fidelity and obedi-
nee on the part of tho slave — ^humanity and
jndncss on tho part of the master. His apostles
liJ the same. St Paul sent back a runaway
iliTC, Oncsimus. to his owner, with a letter of
ipology and supplication. Ho was not the man
harbor a runaway, much less to cntico him
im his master; and, least of all, to oxcito an
bsurreciljn. "

This allusion to the Missouri controversy, and
kvective against the free States for their part in

, brought a reply from Mr. Webster, showing
kbat their conduct had been at the first introduc-
krn of the slavery topic in the Congress of the
inited States, and that they totally refused to
Itcrfere between master and slave in any way
Itatercr. This is what he said :

' When the present constitution was submitted
r the ratification of tho people, there were those
lio imagined that the powers of the government
jiich it proposed to establish might, perhaps, in
Jmc possible mode, be exerted in measures tend-
! to tho abolition of slavery. This suggestion
JDuld, of course, attract much attention in the
nthern conventions. In that of Virginia, Qover-
Ir Randolph said :

I' I hope there is none here who, considering
f subject in the calm light of philosophy, will
klce an objection dishonorable to Virginit — that,
jthe moment they are securing the rights of
f\r citizens, an objection is started, that there
Epark of hope that those unfortunate men

now held in bondngo may, by the ojMration tf
the general government, ho nuvh fice.'

*• At tho verj' lirst Comrress. ix'litions on tlui
subject were presi-ntwl, if I mi.stake not, from
dillurent States. The I'ennsylviiiiin society for
promoting the abolition of slavery, took a ieml,
and laid In-foro t'on^ri'ss a mcmnriiil, praying
Congress to promote thealK)iitioii by such poweiii
as it possessed. This memurial was referred, in
the House of He|>resenlativjs, to a selvct commit-
tee consisting of Mr. Foster of New Hampshire;
Mr. Gerry of Massachusetts, Mr. Huntington of
Connecticut; Mr. Lawrence of New- York; Mr.
Sinnickson of New Jersey; Mr. Hartley of
1'enn.sylvania, and Mr. Parker of A'irginia ; all
of them, sir, as you will observe, northern men,
but tho '"»st. This committee made a rejiort,
which was committed to a committee of tho whole
house, and there considered and discussed on
several daj's ; and being amended, although in
no material respect, it was made to express three
distinct propositions on tho subject of slavery
and the slave-trade. First, in tho words of the
constitution, that Congress could not, prior to the
year 1808, prohibit the migration or im|)ortation
of such persons as any of the States, then exist-
ing, should think proiwr to admit. Second, that
Congress had authority to restrain the citizens
of tho United States from carrying on the Afri-
can slave-trade, for the purpose of supplying
foreign coimtries. On this proposition, our laws
against those who engage in that traific, are
founded. The third proposition, and that which
bears on the present question, was expressed in
iho following terms:

" ' Resohtd, That Congress have Ji.> auvi.ority
to interfere in the emancipation of slaves, or in
the treatment of them in any of the States ; it re-
maining with the several States alone to provide
rules and regulations therein, which humanity
and true policy may require. '

'' This resolution received tho sanction of the
House ofRopresentatives so early as March, 1790.
And now, sir, the honorable member will allow
mo to remind him, that not only were the select
committee who reported the resolution, with a
single exception, all northern men. but also that
of the members then composing the House of
Representatives, a large majority, I believe near*
ly two thirds, were northern men also.

'' The h3use agreed to insert these resolutions
in its journal, and, from that day to this, it has
aever been maintained or contended that Con-
gress had any authority to regulate, or interfere
with, the condition of slaves in the several States.
No northarn gentleman, to my knowledge, hu
moved any such question in either house of Con-
gross.

" The fears of the South, whatever fears they
night have entertained, were allayed and quieted
by this early decision ; and so remained, till they
vere excited afresh, without cause, but for col-
lateral and indirect purposes. When it became
necessary, or was thought so, by some political
persons, to find an unvarying ground for the ex-

.tlK

138

THinTY YKAR8' VIKW.

rliiHiiiii of iinrtlifTii men from conft'lcncf »n<l
fniin li'ii'l in tin- iill'iiirs of tli<> ri-pulilic. tlion. nn<l
not till lliiii. tlic ri V wiiH ri»i-«'(l. and tin- fi'tlinjj
iii'liislrioiivly I'xcitfcl, that tlio intliiciici' of north-
ern men in the |iiil)lio roiinciU wonld ondiinpT
tlic ri'iiUi'iii of iniisli r and (.lave. For inyst'lf I
rlaiin no I'liir merit than that tliin jrross and
iMiornions injiislicc invvards tin- whoI«" North, hnH
not wroii^'ht njion ini- to cliancf my opinions, or
my |H)litical condiicf. I Iiojk' I am a))<)ve violat-
in;r my pi in<'i;)lis, even under the umart of in-
jnry and laisc iinimtationH. I'njust niixpicion.s
and inidi'siTvi'd reproach, whatever pain I may
t'.\|it'rienre from them, will not iiidueo ine. I truHt,
nevertheless, to nverstip the liniitH of ronsntntion-
al duty, or to * ncroncti on the rijrhtH of others.
The domestic slavery of the South I U'ave where
] find it — in the hands of their own povernmcnts.
It is their ailiiir, not mine Nor do 1 complain
of the iH'cnliar etlect whi>-'> tlic majrnitude of that
IK)pulation has hn<l in tiio distribtition of power
tnider Ihis federal povernment. Wo know, sir,
that the representation of tlie states in the other
liouse is not e(|unl. Wo know that great a<l-
vantap', in that re.spcct, is enjoyed by the slave-
lioldinp; States ; and we know, too, that the in-
tendeci efpiivalent for that advantage, that is to
say, the imposition of direct taxes in the same
ratio, lias become merely nominal ; the habit of
the povernnient being almost invariably to col-
lect its revenues from other sources, and in other
modes. Nevertheless, I do not complain: nor
would r countenance any movement to alter this
arran<?ement ot representation. Iti.s thcoriginal
biirfiuin. the compact — let it stand: let the od-
vantajie of it be fully enjoyed. The Union itself
is too full of benefit to bo hazarded in proposi-
tions (or chanpiinji its oripinal basis. 1 go lor the
constitution as it is, and for the Union as it is.
IJut I am resolved not to submit, in silence, to
accusations, either against myself individually,
or against the North, wholly unfounded and un-
just ; accusations which impute to us a disposi-
tion to evfide the constitutional compact, and to
extend the power of the government over the in-
teiT.'d laws and domestic condition of the States.
All sucli accusations, wherever and whenever
mad'.', all insinuations of the cxistanco of any
sucli purposes. I know, and feel to be groundless
and injurious. And we must confide in southern
gentlemen themselves ; we must trust to those
whose integrity of heart and magnanimity of
feeling will lead them to a desire to maintain and
dis.sen)inatc truth, and who pos.sess the means of
its diffusion with the southern public ; wc must
leave it lo them to disabuse that public of its
prejudices. But, in the mean time, for my own
part, I shall continue to act Justly, whether those
towards whom justice is exercised, receive it with
candor or with contumely. "

This is what Mr. Webster said on the subject
if slavery ; and although it was in reply to an in-
fective of my own, excited by the recent agitation

of the .Missouri qucHtion, I made no an'-wrr !>
pugning itA correctnvHs; and muKt mil that |
never saw any thing in Mr. Webster iiu on. |^;,,,
with what hu then Kuid ; and lK'li( ve tluttUi
same resolves could have iK-en pns.sed in thosiinn
woy at any lime fluring the thirty ye.ir.s tlm
I wa« in > ongress.

But the topic which became the leading fcaiDr.. I
of the whole debate ; and gave it uii intcrst
which cannot die, was that of nulliliealion-tt*
assumed right of a state to annul an act of ('oi>.
gross — then first broached in our nationiil led-
lat 1 c - and in tho discussion of which Mr. V,\\^ I
ster an<l Mr, llayne were the chamiiion sjnakn,
on opposite sides — tho latter understood to U I
speaking tho sentiments of the Vice-Prcsiilom
Mr. Calhoun. This new turn in tho debate ns I
thus brought about : Mr. IIayno,in the scctioiul |
nature of tho discu.ssion which had grown up
made allusions to the conduct of New Knplaiil
during the war of 1812; and especially to ihe I
assemblage known as tho Hartford Convention, I
ond to which designs unfriendly to the Union
had been attributed. This gave Mr. Webstirl
the rights both of defence and of retaliation ; i
he found material for tho first in the chararttr I
of tho assemblage, and for tho second inthti
public meetings which had taken place in Sou'.li I
Carolina on tho subject of tho tarili— and at I
which resolves were passed, and proposition I
adopted significant of resistance to the act; an<i,|
con.sequently, of disloyalty to tho Union. He, I
in his turn, mado allusions to these resolves ami I
propositions, until he drew out Mr. Ilayncintol
their defence, and into an avowal of what I
since obtained tho current name of " AuZ/Z/ifu-l
tion;" although atthetimo (during the debate) ill
did not at all strike mo as going the length whichi
It afterwards avowed; nor have I ever believed |
that Mr. Uayno contemplated disunion, in ujl
contingency, as one of its results. In cnterinJ
upon the argument, Mr. Webster first sunnnedl
up tho doctripo, as ho conceived it to bo avowci|
thus:

" I understand the honorable gentleman frouj
South Carolina to maintain, that it is a right <.i\
tho State legislature to interfere, whenever, ill
their judgment, this government transcends iiil
constitutional limits, and to arix'st the operaiiul
of its laws.

" I understand him to maintain this right, isil
right existing under the constitution; notvil
right to overthrow it, on the ground of cxtitui

ANNO IHW. AM'IIKW JACKSON. I'KVMDKNT.

i;i'.»

ry.rv.ity, itiK'li «■* WDiiliI justify riolcnt revolii-

t "■

I uniliT^tnnil liiiii to iimiiiUin nn niithority.

,n the i"»rt of the StfitcM, thus to inffrf'Ti'. fur

!,..■ WiriiO"^' of I'orn'ctinj; the exprrino of |iow(T

I, till' piuTttl (jiiviTiiiiii'iit. of chivkinjr it, nml

,'ii>m|it'llMi}( it to cuiiforiii to thi'ir opinion of tlio

,\wj\t iif its pow<'rH.

I uivlcrKtiinii him to inniiitnin thnt the iilti-

. ,i;e power of Jud^iiif; of tho <*onstitiilioiml ex-

• It of its own autliority is not hnlj^t'd exclusive-

.111 till! jrenornl novemincnt, or nny hriiiu'l* of

It; hut tliHt. on tho conlmry, tho StateH nmy

liMU <leci(l<; for theniselvcs, nml each State

iriiM'if, wliether, in a Riven case, tho act of the

...inni! (jovemmfnt traiisfcnils its power.

' I iiniU'rstaml him to insist that, if the exi-

; ncy of tho case, in tho opinion of any .State

[t virninciit, rc(iiiiro it, sucIj State government

11,1V, by its own sovcrciirn authority, annul an

1 1 of th" t^'iicral government, which it deems

piiily and palpably unconstitutional."

Mr. Hayno, evidently unprepared to admit, or
Ifiillydeny, the propositions as broadly laid down,
Ihad recourse to a Htatemcnt of his own ; and,

)|)tiHl for that purpose, tho third resolve of
lllie Viffjinia resolutions of tho year 171)8 — rc-
lillirmed in 170'.). Ho rose immediately and said
Ithat, for the purpose of being clearly understood.
lilt: HoulJ state that liis proposition was in the
Ivords of tho Virginia resolution; and read it —

•That this Assembly doth explicitly and
icrcmptoiily declare, that it views tho powers
\){ the federal government as resulting from the
«nipact, to which tho States arc parties, as lim-
It'ii by tlio i)lain sense and intention of tho in-
■tniment constituting that compact, as no farther
kaiid than they are authorized by the grants
knunieratcd in that compact ; and that, in case
If a deliberate, palpable, and dangerous exercise
^f other |)owers, not granted by the said coin-
act, the States who are parties thereto have tho
;'ht. and oro in duty bound, to interpose, for
irasting tho progress of the evil, and for main-
aininjr, within their respective limits, the author-
llii's, rights, and liberties, appertaining to them."

ThusJw'erc the propositions stated, and argued
«ach speaker taking his own proposition for
|is text ; which in the end, (and as the Virginia
Ifsoiutions turned out to bo understood in the
i)uth Carolina sense) came to bo identical. Mr.
f'cbstcr, at one point, giving to his argument a
pctical form, and showing what tho South
iirolina doctrine would have accomplished in
lew England if it had been acted upon by the
lartford Convention, said ;

■ IH mo here say, sir. that, if the gentleman's
ctrine had been received and acted uixjn in

New Knsland, in tlie times of the einluirp) and
non-ititercDiirM', wi. hIioiiIiI (irolmlily ii"i n"W
have Ill-en here. The jriivcriiiiiciit wniild, vrrv
likely, have (rmi" to pi(.<s.i, niid rriiiiiliit'il jnt'i
dust. No Mtr<>n'.:er caM) ciiti ever iiriM' tliiiii ex
isted under tliii>,o law* ; lui .'"Itairs can ever en-
tertain a cleiirer coiivictiou tli:kii the New Kn;:-
land State-, then eiit.'riuiiu'il ; nnd if lln-y lind
iKH'n uinler the inlliienfe of that hiTcsv «( (i|iiii-
i<m, as I must call it, whi<-|i the hoiinrulile iiiciii-
U-r es|M)uses, this I jiiim would, in all |iiHl,al,i!.
ify, have been wattend to the fmir w iiuls. I
a.-ik tho gi'ntleinan, therefure. Id apply his prin-
ciples to that ca.se; 1 a.sk him to come forth and
declare, whether, in his opinion, the New Kiijr-
land States would have Ueii jiislitied in iiitci-
fering to break up the emlii)r);o system, iiiuler
the conscientious opinions which they held ii|ion
it? Had they u right to annul that in w? 1>(k<h
ho admit or deny? If that which i.s thought
palpably unronstitutional in Soiitli Carolina,
justilies that State in arresting the progress of
tho law. tell me, w liether that which was tlioii^dit
palpably unconstitutional nl.so in .Massachusetts,
would have juslitied U v'm doing the .same thing ?
Sir, 1 deny tho whole (Kictrine. It has not a
foot of ground in the constitutiim to stand on.
No public man of reputation ever advanced it in
Massachusetts, in the warmest times, or could
maintain hinuelt ui)on it there ut any time."

He argued that tho doctrine had no founda-
tion either in the constitution, or in the Virginia
resolutions — that the constitution makes the
federal government act ufwn citizens within tho
States, and not upon the Status themselves. as in
tho old confederation : that within their consti-
tutional limits tho laws of Congress were su-
premo — and that it was treasonable to resist
them with force: and that the question of theii
constitutionality was to bo decided by the Su
prcme Court. On this point, he said :

"The people, then, sir. erected this govern-
ment. They gave it a eonstiliition ; and in that
constitution they have enumerated the j)Ower.s
which they bc.stow on it. They have made it a
limited government. They have delined it.^
authority. They have lestrained it to the exer-
cise of such jKiwers as are granted ; and all
others, they declare, are reserved to the States
or to the people. But. sir, they have not stop-
ped here. H they had, they would have accom-
plished but half their work. No delinition can
be so clear as to avoid possibility of doubt ; no
limitation so precise as to exclude all uncertainty.
Who then shall construe this grant of tho peo-
ple ? Who shall interpret their will, where it
may be supjioscd they have left it doubtful?
With whout do thoy rcpo.se this ultimate right
of deciding on the jtowers of the government?
Sir, they have settled all this in the fullest man-
ner. They have kft it with tho governmeut it-

L,. i

140

TIIfRTY YKARS* VIEW.

Kolf. in itK np|ir.>|>rialo l.rniirlu'M. Sir, tlio vt-rr Wlio or wimt piven tlicin the rijrht to My i„ „,
(liii'f in<l, till) iniiiM (l(«i>:ii, fur wliirli tho wliolf |i(<i|)If, 'wo, wli<» iin< your ntniilH nn.| mtt,, '
(•>)ii>.|itiitmn HUH tumuli mikI iulo|itci| wnx. to i>s- ! (or iine piirixiw, will iimlcrUko to (|«-i,|„ ,| 'I
iiil.lisli a KoviTiiii'iiil timt slioiild iir.t Ik- ol.lr^'Hl yiir otluT njii'nlH arvi HcrvnntM, np|M.iMtH \
(i) mt tliroii(:li .Sliiti' iip'ii'-y, or ili'|"ii'l on .Stati'
opiiiiiiii iuhI .State (liHTction. Tli(! JH-opIo liiid
hail <|iiito enoii^rh of tlint kitnl of pivt-rnimiit
iiiKlir tin- conlitlrmi-y, I'lKkr that systoin, tho
K'pil a<'tioii, thu ni)plication of law to iiidividimln,
licioiiKi'd cxciiiRlvidy to thu States. (.'onjtruHs
coiilil only rcronmiind ; tlicir wts wcro not of
hiiidiiiK forri', till the States had adopted and
wiiictioiied them. Are ne in that condition utill /
Are we yet at the mercy of Statu dis<;retion, and
ijlate eonstnii'lion 7 Sir, if we are, then vain
will ho our iittem|pt to luoiiitnin the tonHtitntion
imder w Inch wc sit. Jiiit, sir, tho jieoplo have
wisely jirovided, in tho constitution itself, a pro-
|ier, Kuitahlu mode and trihiwial for settlinp (|iies-
tioim of constitutional law. There are, in the
constitntion, prants of powers to t'onjrrc.sH, and
restrictions on these jiowcrs. There iiro. also,
prohihitions on tho Slates. Some anthority
must, therefore, necessarily exist, linvinp; the
ultimate jurisdiction to li.\ ami ascertain tho in-
terjiretation of the.sc prar.ts, restrictions, and
l)rohihitions. Tho constitution has, itself, point-
ed out, onlained, and estahlished, that authority.
How has itaccomplishcil this great and essential
end? ]ly declaring, sir, that ' tho const. tution,
and the laws of tho United States made in jjur-
Huance thereof, sh vll be tho supremo law of the
lan<l, any thing in tho constitution or laws of
any State to the contrary notwithstanding.'

" This, sir, was the first great step, hy tin's,
tho supreimicy of tho constitution and laws of
the United States is declared. Tho people so
will it. No State law is to he valid which comes
in conflict with the constitution or any law of
tiio United States. Jtut who shall decide this
(]ucsti<m of interference ? To whom lies the last
appeal ? This, sir, the constitution itself decides
also, by declaring ' that the judicial power shall
extend to all cases arising under the constitution
and laws of tho United States.' These two pro-
visions, sir, cover the whole ground. They are,
in truth, the key-stone of the arch. With these,
it is a constitution ; without them it is a confed-
eracy. In pursuance of these clear and express
provisions, Congress established, at its very first
session, in the Judicial Act, a mode for carrying
them into full eflect, and for bringing nil ques-
tions of constitutional power to the final decision
of tho Supreme Court. It then, sir, becamo a
government. It then had tho means of self-
protection ; and, but for this, it would, in all pro-
bability, have been now among things which are
past. Having constituted tho government, and
declared its jjowers, tho people have farther said,
that, since somebody must deci<le on the extent
of these powers, the government shall itself
decide ; subject, always, like other popular go-

vernments, to its responsibility to the people.
And now. sir, I repeat, how is it that a State
kgislature acquires any power to interfere?

AVith respect to tho Virginia rcsoluiionK „ ■
which Mr. Hayno relied, Mr. Webster dispiii^l
the interpretation piit upon them — claJriK^I f,
them an innocent and Justifiable mennin|r-.nn,i|
exempted Mr. Madison from tho suspicion .fl
having penned a resolution nssertinx the pi'ij
of n SUito legislature to annul an nrtof('(*
gress, and thereby putting it in the powtr of ,f
State to destroy a form of government which
liad ju.41 labored bo hard to establish, 'i;, ||.
eflc'ct he said :

'' I wish now, sir, to make u remark upon I'J
Vii-ginia resolutions of 17'.)«. I cnniiot unilirl
take to say how these resolutions were iiniiin
stood by those who passed them. Tlioir Im
guago is not a little indefinite. In tho cose of i|]
exercise, by Congress, of a dangerous power, nJ
granted to them, tho resolutions as.sert the riilia
on the part of the State, to interfere, and nrnjf
the progress of the evil. This is susceptililc
more than one interpretation. It may niiaii i
more than that tho States may interfere by i
plaint and remonstrance ; or by proposing to t[
people an alteration of the federal constitutioi
This would all be quite unobjectionable ; or. i
may be, that no more is meant than to assert iu
general right of revolution, as against ail m
ernmcnts, in coses of intolerable opprcsski
This no one doubts ; and this, in my opinion,]
all that he who framed tho resolutions cod
have meant by it : for I shall not readily belieij
that ho (Mr. Madison) was ever of opinion tiiiii I
StatOj under tho constitution, and in confurmia
with it, could, upon th:- •round of her own npinjj
of its unconstitutionality, however clear awl [
pablo sho might think tho case, annul a h\ii
Congress, so far as it should operate on kn^
by her own legislative power."

Mr. Ilayne, on his part, disclaimed all initl
tion of the Hartford Convention; and pave(
tho practical part of his doctrine) tho pledge J
forcible resistance to any attempt to enforce g
constitutional laws. Ho said :

" Sir, unkind as my allusion to the IlarlfoJ
Convention has been considered by its SHpporta
I apprehend that this disclaimer of the genu
man will bo regarded as ' the unkindcst cut]
all.' When the gentleman spoke of the fu
lina conventions of Colleton and Alberillclj
me tell him that he spoke of that which

»1 fxi.tteiii'e, except
;;i,n' liuie, indood, b
, tho*' dijttrictn ((J
gi,>l>ii and patriotic
Jl„,i,ll but wu havo h
,„.i»Ikii South Caro
|i««-iin,' tor the redivi
I 111 thu gentleman |
; iiiive ever l>een
Iliirtlord Conven
|i|;,,ll<i)ii.seiit to lake s
I ;ii:i| more favor in our
|.jtni!cii to us by tho
l(,ti>. Sirj wo would
|(f,|il(ii'ullies created b
Jfroin the feileral govei
Itiir t'ricvaiices. Wo
lan'titiilional rights, in
lliiit if tlie country shou
In I war to-morrow, wi
1(0 ilie standard of ou
■lick the common em
|ii{>i I the restoration ol
The gentleman has
kuloiir scheme prnctii
Lrnc't in my view of
■oiT'i. n{ course, that tli
W hh^hed, the federal j
nsjiiiesee in a solemn <i
i: its sovereign c,ip.icit
Juikeftn iipi)Oal to tlioji
fl liiu constitution. Tl
Sute (made either throi
oiivciition, as may be si
^rriu of its sovereign wi
jC now to discuss) bin
int, under tho highest (
Dl to resoit to any rm
k citizens of tho dissen
an any collision ensue 1
'iatc (,'overninent.s, un
hoiild (k'termino to enib
Itiliitional means ? W
jreminent do, in suclt
he gentleman, to the c
I any man believe that
cision of a State, that
igros,s, palpable, and do
liibtitution,' and tho in
i'D authority to proto(
kiirjiation, that juries (
leaiy to register tho d
holly regardless of the
pr of their acts ? Wi
ndthatjuriesarotobo
tlie point of tho bayon
the United States to L_
onoiinced to bo unconst
EBipt should be made
[loellcct, by force, in wl
from an attempt to <
lifted by the courts, o
fful and unwarrantable
ts,s should pass an s
bupating our slaves,

ANNO 1839. ANDUKW JAt Kso.V. nu>lI»F.NT.

141

Hit')'

„1 fimUMico, <-xc(>|it in hin own imniiiiuttion.
i,ri lii»»*'. ii»'li>u'l, '«-'^'i> tiHtliniTH of till' iKMiplu
ill,,* (lisiriflM )i)iii|i(i'<«'t|, nir, of M huh-
,.|,i| ami putnotic iiioii m any country can
l<ui.>t; ''"' *" ''"*'" '"*'' "" '<'oi'venticMi'»sytti
,,,,j«lii'ii South Carolinn Mimll rvnort to hii<;Ii u
j,i.ur« t'lr tlio ruilioHiH of Iter uricviuiei-s, lot nu'
, ;i tlio );L'ntli'niiin Hint, of all tliu tk>M.-iul)liL's
, jt liiive c'vir In-x-n convened in this country,
,ji, llarlforil Convention is tho very liust we
,; ,11 niiisi'nt to lake as iin example ; nor will it
"iinl more favor in our eyes, from Iwinj,' reconi-
Ijiii'lwl to us by the Kenator from AliWMichu-
,t!v Sir, wu would Kcorn to tuko udvautaj^e
cfililticiilties creiitrd by a foreijtn wnr, to wriu).'
from the federal piverinnent a redress even of
our irrievauceH. Wc nro Htaiulinn up for our
QD.titiitiDiial riKbls, in a time of profound pence;
Ibit if 'I'l! country should, «inhuppily, bo IuvoIvihI
L I war to-morrow, wu hIiouUI bo found ilying
(,, tlic litnnilard of our country — llrst drivinjf
|l4ck tiio common enemy, and then insisting;
ii|,:i llie ristorntion of our rights.
• riie p iitleman lias called uiwn ns to cnri-y
Hit our sfhomc practi<"ally. Now, sir, if 1 iim
ffrtt ill my view of this matter, then it fol-
l,),v<. of courso, that the rij^ht of a State beinp
it Wished, llio federal Rovernracnt is bound to
iiiiiivsce in a solemn decision of a State, acting
; its s()verei;:n capacity, at least so far as to
jiiko nil iipiic-al to tho jieoplo for an amendment
|o tiio constitution. Ihis colcmn decision of a
uto (made either through its legislature, or a
iivciition, as may bo supposed to bo tho proper
;ui of its Kovcroinn will — a point I do not pro-
1,0 now to discuss) bin«ls tho federal covern-
L. nt, under tho highest constitutional obligation,
Kit to resort to anv means of coercion against
I' citizens of tho dissenting State. How, then,
U liny collision ensue lietween the federal and
Itatc governments, unless, indeed, tho former
loiild (lolermino to enforce tho law hy uncon-
(titntional moans? What could tho federal
]i)rerninent do, in such r caso ? Kesort, says
I gentleman, to tho courts of justice. Now,
1 any man belicvo that, in the face of a solemn
(cisiou of a State, that an act of Congress is
I gross, palpable, and deliberate violation of tho
biBtilution,' and tho interposition of its sove-
kijn authority to protect its citizens from the
tiir|iation, that juries could bo found rcafly
leixly to register tho decrees of tho Congress,
Iholly regardless of the unconstitutional char-
Ittr of their acts t Will tho gentleman con-
fnd that juries aro to bo coerced to find verdicts
i the point of the bayonet ? And if not, how
ethc Uiuted States to enforce an act solemnly
lonounced to bo unconstitutional ? But, if the
icmpt should bo made to carry such a law
|to cHl'ct, by force, in what would the case dif-
fiom an attempt to carry into efifoit an act
llliiiud by the courts, or to do any other un-
" 1 and unwarrantable act 1 Suppose Con-
sliould pass an agrarian law, or a law
bucipating our slaves, or should commit any

other groHK vicihition of our ciinKtitiitioiinl riKhls,
will any (ccntliiimii lunU'iid (hat Ihc ili-iiHinnnl'
every briiiieh of tin- fidenil jrnvcrniiifiit, in fa\i<r
of Kuch laws, roiilil prevent lIu- Slale.-i from de-
claring them null and void and protecting theii
citizens from their o|HT»(i(iu /

"Sir, if Congress .should ever attempt to en-
force any such laws, thcv would put llicnisclves
HO clearly in the wmn:;, that n,) one could doubt
the right of the Stale to exert its protecting
|K)wer.

''Sir, tho gentleman has alluded to that por-
tion of ttio militia of South Carolina with which
[ hare tho honor to bo roniieoted, and asked
how they would lU'X in tho event of the nullitl-
cation of tho tariff law by the State of South
Carolina i The tone of the gentlemiin. on this
subject, did not seem to me as res|ieetfid as I
o)ul<l have desired. 1 hope, sir, no iinputatiop
was inteniied,

[Mr. Webster: "Not at nil; just the re-
verse'."]

''Well, sir. tho gci.tlcman a.'^ks what tlieir
leaders woultl bo able to read to them out of
Coko ujion Littleton, or any other law book, to
justify their enterprise i Sir, let me as.tiiro the
gentleman that, whenever any attempt shall be
made from any quarter, to enforce uncDnslitii-
tional lav.« clearly violating our e.'ssentiul rights,
our leader** (whoever they may be) will not ho
found reading black letter from the musty jiagis
of old law books. They will look to the consti-
tution, and when called ujion, by tho sovereign
authority of the State, to Jireservo and protect
tho rights secured to them by the charter of
their liberties, they will succeed in defending
them, or ' perish in the last ditch.' "

I do not pretend to give tho arguments of tho
gentlemen, or even their substance, but merely
to state their propo-sitions and their conclusions.
For myself, I did not believe in any thing serious
in tho new interpretation given to the Virginia
resolutions — did not believe in any thing jn r '-
cal from nullification — did not believe in forciWo
resistance to tho tarifl" laws from South Carolina
— did not believo in any scheme of disunion —
bolicvod, and still believo, in the pati "oti.sm of
Mr. Hayne t and as ho came into tl'; argument
on my side in tho article of the public lands, ko
my wishes were with him, and I helped him
where I could. Of this desire to help, and disbe-
lief in disunion, I gave proof, in ridiculing, sa
well as I could, Mr. Webster's fine peroration
to liberty and union, and really thought it out
of place — a fine piece of rhetoric misplaced, for
want of circumstances to justify it. lie had
concluded thus :

" When my eyes shall be turned to behold,
for the lost time, the sun in heaven, may I not see

142

THIRTY YEARS' VIEW.

him KliiiiinR on the bro'.en nnd dishonored fraf»-
iiiL'iits of a oiifc fjlorioiiH rnion ; on States dis-
Kcvored, fliscordniit,, iR-lh^'erenl ; on a Inml rent
Willi civil funds, or drenched, it may he, in fra-
ternal h!(K>d ! Let their last feehle and linjrenng
glance, rather, Ijehold the porfjeoiis ensigii of t!ie
republic, now known nnd honored throughout
the earth, still full hi^h advanced, its arms and
tro|ihies streaming in their original lustre, not a
stripe erased or polluted, nor a single star ob-
scured, bearing for its motto no such miserable
interrogatory as, Wliat is all this worth ? Nor
those other words of delusion and folly, Liberty
first, and Union afterwards: but every where,
spread all over in characters of living light, blaz-
ing on all its ample folds, ,is they Hoat over the sea
nnd over the land, and in every wind imder the
whole heavens, that other sentiment, dear to every
true American heart — I^iberty and Union, now
and for ever, one and inseparable ! "

These were noble sentiments, oratorically ex-
pressed, but too elaborately and too artistically
comiKJsed for real grief in presence of a great ca-
lamity — o*" which calamity I saw no sign; and
therefore deemed it a fit subject for gentle casti-
gation : and essayed it thus :

" I proceed to a different theme. Among the
novelties of this debate, is that part of the speech
of the senator from JIassachusetts which dwells
with .such elaboration of declamation nnd orna-
ment, upon the lovo and blessings of union —
the hatred and horror of disunion. It was a
I)iirt of the senator's speech which brought into
lull play the favorite Ciceronian figure of ampli-
fication. It was up to the rule in that particu-
lar. But, it seemed to me, that there was an-
other rule, and a higher, nnd a precedent ono.
which it violated. It was the rule of propriety ;
that rule which requires the fitness of things to
be considered ; which requires the time, the
place, the subject, and the audience, to bo consid-
ered ; and condemns the delivery of the argu-
ment, and all its flowers, if it fails in congru-
ence to these particulars. I thought the essay
upon union and disunion had so failed. It came
to us when we were not prepared for it ; when
there was nothing in the Senate, nor in the coun-
try to grace its introduction ; nothing to give, or
to receive, effect to, or from, the impassioned
scene that we witnessed. It may be, it was the
prophetic cry of the distrncted daughter of Pri-
am, breaking into the council, nnd alarming its
tranquil members with vaticinations of the fall
of i i oy : but to mo, it all sounded like the sud-
den prociumation for an earthquake, when the
sun, the earth, the air, announced no such prodi-
gy ; when nil the elements of nature were at
rest, and sweet repose pervading the world.
There was a time, and you, and I, and all of us,
did see it, sir, when such a speech would have
found, in its delivery, every attribute of a just
and rigorous propriety I It was at a time, when
the five-striped banner was waving over the laud

of the North ! when the Hartford Cnnvcmi,
was in ses.sion ! when the language in the mt j
tol was, "Peaceably, if we can; forcibly jf ^'j
must ! " when the cry, out of doors, was. •• m J
Po'omac the boundary; the negro Statw I J
themselves! The Alleghanies the boun(ian'j
the Western savages by themselves ! The \|' j
sii)pi the boundary, let Missouri be governed \M
a prefect, or given up as a haunt for wild b^^(^ ' J
That time was the fit occasion for this Kuitii ]
and if it had been delivered then, either in tij
hall of the House of Representatives, or inti?
den of the Hartford Convention, or in the hi^J
way among the bearers and followers of tU
five-striped banner, what effects mustitnothavJ
produced ! What terror and consternation amotil
the plotters of disunion ! But, here, in this lovjt
and quiet assemblage, in this season of gciu^l
tranquillity and universal allegiance, the vhM
performance has lost its effect for want of aitiaJ
ity, connection, or relation, to any subject 4
pending, or sentiment expressed, in the SenatH
for want of any application, or reference, to am'l
event impending in the country."

I do not quote this passage for any tiiinJ
that I now see out of place in that peronJ
tion ; but for a quite different purpose— fJ
the purpose of showing that I was slow tcl
believe in any design to subvert this Union-
that at the time of this great debate (Febnian
and March, 1830) I positively discredited it.|
and publicly proclaimed my incredulity, I c
not want to believe it. I repulsed the belief.
pushed aside every circumstance tliat Jlr. ^\'t\^
ster relied on, and softened every expression tiuj
Mr. Hayne used, and considered him as limitim
(practically) his threatened resistance to thet
act, to the kind of resistance which Virginj
mode to the alien and sedition laws — which vu
an appeal to the reason, judgment and fceliiig
of the other States — and which had its effect 1
the speedy repeal of those laws. Mr. Calhooj
had not then uncovered his position in relatione
nullification. I knew that Mr. Webster
speaking at him m all that he said to Mr. ilajitJ
but I would believe nothing against him exce[((
upon his own showing, or undoubted cvidcm
Although not a favorite statesman with me, I fc
admiration for his high intellectual endowment^
and respect for the integrity and purity of l
private life. Mr. Hayne I cordially loved; 1
believed, and still believe, in the loyalty 1
his intentions to the Union. They were i
from the South — that sister Carolina, of vhidj
the other was my native State, and in both (
which I have relatives and hereditary friend!

C H A P T E

EEPEAL OF 1

a« as soon as the war

ANNO 1830. ANDREW JACKSON. PRESIDENT.

143

^.,j for \rhich I still have the aflcctions which
.,,[10 but the wickc«l ever lose for the land of their
l,;rth; and I felt ns they did in nil that relates
n the tarilF— except their rcmc<ly. But enough
fr the prt'scnt. The occa.sion will come, when
« arrive at the practical application of the mo-
dern nullification doctrine, to vindicate the con-
ftitation from the political soleci.sm of containing
fithin it.'^clf a suicidal principle, and to vindi-

I Cite the Virginia resolutions, and their authors
and, in their own language), from the " anarehU

I tiling preposterovs " interjirctation which has
been put upon their words.

CHAPTER XLV.

REPEAL OF THE SALT TAX.

L TAX on Salt is on odious measure, hated by
III people and in all time, and justly, because
Ibeing an article of prime necessity, indispensable
Ito man and to beast, and bountifully furnished
I by the Giver of all good, the cost should
Kit be burthened, nor the use be stinted by gov-
[emment regulation ; and the principles of fair
nation would require it to be spared, because
ft is an agent, and a great one, in the develop-
pieut of many branches of agricultural and me-
chanical industry which add to the wealth of
llic country and produce revenue from the cx-
lorts and consumption to which they give rise.
people hate the salt tax, because they are obliged
) have the salt, and cannot evade the tax : gov-
ernments love the tax for the same reason — be-
Busc people are obliged to pay it. This would
!cm to apply to governments despotic or mo-
larchial, and not to those which are representii-
Svc and popular. But representative govern-
pts sometimes have calamities — war for exam-
|le-\vhen subjects of taxation diminish as need
kr revenue increases: and then represcnta-
jve governments, like others, must resort to the
jbiects which will supply its necessities. This
i twice been the case with the article of salt
^ the United States. The duty on that article
las carried up to a high tax in the quasi war
jilh France (1798), having been small before;
pthen only imposed as a war measure — to
ase as soon as the war was over. But all gov-

emmcntM work alike on the im|)<isiti<>n niid ru-
lease of taxes — easy to pet tluin on in a time of
necessity — ban! to get them off whi-n tliu nocos-
sity has pa.ssc<l. So of this first war tax on
salt. The " speck of war " with France, visihlo
above the horizon in 'i)8, soon sunk below it ;
and the sunshine of peace prevailed. In the
year 1800 — two years after the duty was rniscd
to its maximum — the countries were on the most
friendly terms ; but it wa.s not until 1807, and
under the whole power of Mr. Jelferson's ad-
ministration, that this temporary tax was abol-
ished ; and with it the whole system of fishing
bounties and allowances founded ui)on it.

In the wor of 1812, at the commencement of
the war with Great Britain, it was renewed.
w^ith its concomitant of fishing bounties and
allowances; but still as a temporary measure,
limited to the termination of the war which in-
duced it, and one year thereafter. The war ter-
minated in 1815, and the additional year expired
in 1810 ; but before the year was out, the tax
was continued, not for a definite period, but
without time — on the specious argument that,
if a tune was fixed, it would be difllcult to get it
off before the time was out : but if unfixed, it
would be easy to got it off at any time : and all
agreed that that was to be soon — that a tempo-
rary continuance of all the taxes was necessary
until the revenue, deranged by the war, should
become regular and adequate. It was continued
on this specious argument — and remained in full
until General Jackson's administration — and, in
part, until this day (1850) — the fishing boun-
ties and allowances in full : and that is the work-
ing of all governments in the levy and repeal of
taxes. I found the salt tax in full force when I
came to the Senate in 1820, strengthened by
time, sustained by a manufacturing interest, and
by the fishing interest (which made the tax a
source of profit in the supposed return of the
duty in the shape of bounties and allowances) :
and by the whole American system ; which took
the tax into its keeping, as a protection to a
branch of home industry. I found efforts being
made in each House to suppress this burthen
upon a prime necessary of life ; and, in the ses-
sion 1829-'30, delivered a speech in support
of the laudable endeavor, of which these are
some parts :

" Mr. Benton commenced his speech, by say-
ing that he was no advocate for unprofitable do-

Ji'fi

-m

144

THIRTY YEARS' VIEW.

bate, ami lia<l no ambition to add his name to
the catalopiie of barren orators; but that there
were ciisis in whicli sjieakinj; di<l gootl ; casi's in
wliich nioilirnte abilitiea produced great results ;
anil he believed the question of rei)calinp; the
palt tax to be one of those cases. It ha<l cer-
taiidy been so in England. There the salt tax
I'lad been overthrown by the labors of plain men,
(inder circumstances much more unfavorable to
their undertaking than exist hero. The English
salt tax had continued one hundred and fifty
years. It was cherished by the ministry, to
whom it yielded a million and a half sterling of
revenue ; it was defended by the domestic salt
makers, to whom it gave a monopoly of the
liome market ; it was coasccrated by time, hav-
ing subsisted for live generations ; it was forti-
lied by the habits of the people, who were born,
and had grown gray under it ; and it was sanc-
tioned by the necessities of the State, which re-
quired every resource of rigorous taxation. Yet
it was overthrown ; and the overthrow was ef-
fected by two debates, conducted, not by the
orators whose renown has filled the world — not
by Sheridan, Burke, Pitt, and Fox — but by plain,
business men — Mr. Calcraft, Mr. Curwen, and
Mr. Egerton. These patriotic members of the
British Parliament commenced the war upon the
British salt tax in 1817, and finished it in 1822.
They commenced with the omens and auspices
all against them, and ended with complete suc-
cess. They abolished the salt tax in toto. They
swept it all off, bravely rejecting all compro-
mises when they had got their adversaries half
vanquished, and carrying their appeals home to
the people, until they had roused a spirit before
which the ministry quailed, the monopolizers
trembled, the Parliament gave way, and the tax
fell. This example is encouraging ; it is full of
consolation and of hope ; it shows what zeal and
perseverance can do in a good cause : it shows
that the cause of truth and justice is triumphant
when its advocates are bold and faithful. It
leads to the conviction that the American salt
tax will fidl as the British tax did, as soon as
the people shall see that its continuance is a
burthen to them, without adequate advantage to
the government, and that its repeal is in their
own hands.

" The enormous amount of the tax wn the
first point to which Mr. B. would direct his at-
tention. He said it was near three hundred per
cent, upon Liverpool blown, and four hundred
per cent, upon alum salt ; but as the Liverpool
was a very inferior salt, and not much used in
the West, he would confine his observations to
the salt of I'ortugal and the AVe.st Indies, called
by the general name of alum. The import price
of this salt was from eight to nine cents a bush-
el of fifty-six pounds each, and the duty upon
that bushel was twenty cents. Here was a tax
of upwaixls of two hundred per cent. Then the
merchant had liis profit upon the duty as well
as the cost of the article : "nd when it went
through the hands of several merchants before

it got to the consumer, each had his profit wu,
it ; and whenever this profit amounted to It^.
per cent. u()0U the duty, it was upwards of ,',° 1
hundred per cent, ujwn the salt. 'J'htn, till
tariff laws have deprived the consumer of thirtv'
four pounds in the bushel, by substituting W(i,.[ . I
for measure, and that weight a false one. f |p I
true weight of a measured bushel of alum sjli I
is eighty-four pounds; but the British (nriulf
laws, for the sake of multiplying the biislifii
and increasing the product of the tax, substi.'l
tuted weight for measure ; and our tariff law I
copied after them, and adopted their standajill
of fifty-six pounds to the bushel. |

"Mr. B. entered into statistical details, to slmif I
the aggregate amount of this tax, which he Hat- 1
ed to be enormous, and contrary to every princi.!
pie of taxation, even if taxes were so necessjrvl
as to justify the taxing of salt. He stated il.T
importation of foreign salt, in 1829, at six mil
lions of bushels, round numbers ; the value scnn I
hundred and fifteen thousand dollars, and thd
tax at twenty cents a bushel, one million tvrol
hundred thousand dollars, the merchant's proritl
upon that duty at fifty per cent, is six hiindrell
thousand dollars; and the se<;ret or hidden taj, I
in the shape of false weight for true measure, a; I
the rate of thirty pounds in the bushel, was fourl
hundred and fifty thousand dollars, llere, then I
is taxation to the amount of about two millioMl
and a quarter of dollars, ujion an article costinjl
seven hundred and fifty thousand dollars M
that article one of prime necessity and univorsall
use, ranking next after bread, in the cat!ilo;nie|
of articles for human subsistence.

" The distribution of this enormous taxupnjl
the different sections of the Union, was the lujil
object of Mr. B.'s inquiry ; and, for this purposeT
he viewed the Union under three great divisions!
— the Northeast, the South, and the West. Tol
the northeast, and especially to some parts of iJ
he considered the salt tax to be no burthen, biill
rather a benefit and a money-making busin(i<,|
The fishing allowances and bounties producoil
this effect. In consideration of the salt duty, tkl
curers and exporters of fish are allowed monejl
out of the treasury, to the amount, as it irvl
intended, of the salt duty paid by them ; but ill
has been proved to bo twice as much. The ao-l
nual allowance is about two hundred and
thousand dollare, and the aggregate drawn froal
the treasury since the first imposition of tliesalt|
duty in 1789 is shown by the treasury retnn
to be five millions of dollars. Much of thisi
drawn by undue means, as is shown by tiie»|
port of the Secretary of the Treasury, at tin
commencement of the present session. pagociflit|
of the annual report on the finances. The Nort
east makes much salt at home, and chiefly I
solar evajwration, which fits it for curing fii
and provisions. Much of it is proved, by th^
returns of the salt makers, to be used in the i^
eries, while the fisheries are drawing money fm
the treasury under the laws which intended I
indemnify them for the duty paid on foreign sJll

Ttf this section of tl

;j not felt as a burtl

••l>ct u.s proceed ti

ihifc are but few sal

liloirances, as tliere i

.Timers are thrown

foreign supply, and

blown. The imfiort

rents a bushel ; the \

than that of alum sal

[ imi directly upon the

of their consumptioi

ii[K)n the South.

"The West is the
and it will be found
most oppressive opera
domestic supply is
quantity, and altogc
I irreatcst purposes for '
—curing provisions ft
supply is indispensabli
lii*d. The import pi
West Indies, is nine ce
csil, eight cents a bu
I West could be suppli
I Orleans, if the duty wi
k'quenceof the duty, i
III; If cents per bushel \
I import price of the arti
I per bushel at Louisvili(
lof the valley of the Ali
jliriee, resolved into its
linade up: 1. Eight or
Itbe salt. 2. Twenty (
lor ten cents for merchai
li Si.\teen or seventeen
lisviile. 5. Fifteen or t
Inerchant's profit, who
tiisTrhole outlay. Inal
tor a bushel of fifty po
Vo duty, and the tariff
measure abolished, woi]
leans, by the measured
Vight, for eight or ni
Irought up the river, b
If thirty-three and a i
•eight. It thus appen
priest upon the Wcf
lose that the South is tl
ITest wants it for every
indtffo great purposes!
fcr export, and salting
yam salt, and on this
»use the price is lower,
imnty cents on salt w
jenLs a bushel is a muc
liat which costs fifteen
pption in the Kubstituti(
"l much greater in alui
Inch more than the Liv
puth. the West receive
jices oil account of th«
efair in the South, w
tt re-c.\j)orted upon flsl
pair in the West, wh

Vol. I.— 10

ANNO 18S0. AM)»i:W JACKSON, rilESIDKNT.

145

To thi< section of the Union, then, the salt tax
,. not fflt as a burthen.

•Let us proceed to the Sontb. In this section
^j0f are but few salt works, nnd no Itoiinties or
jiloffances, as tliere are no fisheries. The con-
•Timera are thrown almost entirely tinon the
foreign supply, and chicHy use the Liverpool
iilown. The imjiort price of this is about flft<'en
cents a bushel ; the weight and strength is less
thin that of alum salt ; and the tax fulls heavily
jnd directly upon the people, to the whole amount
of their consumption. It is a heavy burthen
i upon the South.

* The West is the last section to bo viewed,
I and it will he found to be the true scat of the
most oppressive operations of the salt tax. The
domestic supply is high in price, deficient in
nuantity, and altogether unfit for one of the
iTcatcst purposes for which salt is there wanted
u-ciiring provisions for exportation. A foreign
iupply i^ indispensable, and alum salt is the kind
ii«<i. The import price of this kind, from the
I West Indies, is nine cents a bushels ; from Port-
ugal, eight cents a bushel. At these prices, the
I West could be supplied with this salt at New
Orleans, if the duty was abolished 5 but, in con-
L'qucnce of the duty, it costs thirty-seven and a
1; If cents per bushel there, being four times the
Import price of the article, and seventy-five cents
Incr bushel at Louisville and other central parts
]of the valley of the Mississippi. This enonnous
jiricc, resolved into its component parts, is thus
■made up: 1. Eight or nine cents a bushel for
jtbe salt. 2. Twenty cents for duty, 3. Eight
lor ten cents for merchant's profit at 5fcw Orleans.
\i Sixteen or seventeen nents for freight to Lou-
Isviiie. 5, Fifteen or twenty cents for the second
liacrchant's profit, who counts his per centum on
liisffhole outlay. In all, about seventy-five cents
for a bushel of fifty pounds, which, if there was
po duty, and the tariff regulations of weight for
measure abolished, would be bought in New Or-
leans, by the measured bushel of eighty poimds
peight, for eight or nine cents, and would be
brought up the river, by steamboats, at the rate
Bf thirty-three and a third cents per hundred
Veight. It thus appears that the salt tax falls
heaviest upon the West. It is an error to sup-
losc that the South is the greatest sufiercr. The
Vest wants it for every purpose the South does,
ind two great purposes besides — curing provision
pr export; and salting stock. The West uses
Uum salt, and on this the duty is heaviest, bc-
Busc the price is lower, and the weight greater.
Iwenty cents on salt which costs eight or nine
lents a bushel is a much heavier duty than on
pat which costs fifteen cents ; and then the de-
pption in the substitution of weight for measure
I much greater in alum salt, which weighs so
kuch more ttuin the Liverpool blown. Like the
Buth. the West receives no bounties or allow-
pces on account of the salt duties. This may
i fair in the South, where the imported salt is
bt re-c.xj)orte(l tijjon fish or provisions ; but it is
ifair in the West, where the exportation of

Vol. I.— 10

liwf, ji^irk, bnron. chcfso. .ind tiuttor, is jirodi^i-
()u«. nnd the foreign salt iT-c.xjK)rte<l ti|iiin tlic
whole of it.

'■Mr. I{. tlien argued, with great wnrmtli, that
the provision ciirers and e.\|i<)rter.H wen' ciUititMl
to the same bounties nnd allowances with the ex-
Iiorters offish. The claim'* of each rested upon
the same principle. nn<l ;iiKin the principle of all
drawbacks — that of a reiinljursementof the duty
which was paid on the iiiiiKirted .salt when re-ex-
fwrtcd on fish and provisions. The same princi-
ple covers the beef and pork of the farmer, which
covers the fish of the fisherman ; nnd such was
the law in the beginning. The first act of Con-
gress, in the year 17M'J, which im|)0.sed a duty
upon salt, allowed a Ijounty, in lieu of a draw-
back, on beef and pork exported, as well ns fi.sh.
The l)Ounty was the same in each ca.sc ; it was
five cents a niiintal on dried fish, five cpnts a
barrel on pickled fi.sh, and five on beef and pork.
As the duty on salt was increased, the bounties
and allowances were increased also. Fish aiwl
salted beef and pork fared alike for the first
twenty years.

" Thcv fared alike till the revival of the salt
tax at the commencement of the late war. Then
they parted company; bounties and allowances
were continued to the fisheries, and dropped on
beef and pork ; and this has been the case ever
since. The exporters of fish are now drawing ac
the rate of two hundred and fifty thou.sand dollars
per annum, as a reimbursement for their salt tax ;
while exporters of provisions draw nothing. The
aggregate of the fishing bounties and allowances,
actually drawn from the treasury, exceeds five
millions of dollars; while the exporters of pro-
visions, who got nothing, would have been en-
titled to draw a greater sum ; for the export in
salted provisions exceeds the value of exported
fish,

" Mr. B, could not quit this part of his sub-
ject, without endeavoring to fix the attention of
the Senate upon the provision trade of the AVcst.
He took this trade in its largest sense, as includ-
ing the export trade of beef, pork, bacon, cheese,
and butter, to foreign countries, especially the
West Indies ; the domestic trade to the Lower
Mississippi nnd the Southern States ; the neigh-
borhood trade, ns supplying the towns in the up-
per States, the miners in Missouri and the Upper
Mississippi, the nrrny and the navy; and the
various professions, which, being otherwise em-
ployed, did not raise their own provisions. The
amount of this trade, in this comprehensive view,
was prodigious, nnd annually increasing, and in-
volving in its current almost the entire population
of the W^est, either as the growers and makers
of the provisions, the curcrs, exporters, or con-
sumers. The amount could scarcely be a.scer-
tained. What was exported from New Orleans
was shown to bo great ; but it was only a fracr
tion of the whole trade. He declared it to be en-
titled to the favorable consideration of Congress,
nnd thot the repeal of the salt duty was the
greatest favor, if an act of justice ought to como

A.'

■l^--;

*■;.

■• f^;^-

i ■

;■(.

lAd

nilRTY YEARS* VIF.W.

under tlie name of favor, which could be rt-n-
dered it. as tlie Knit was ncrcssary in jrrowing
Ihu hofrs and (.'attic, as well m in ]irfparin(? the
beef and jxirk for market. A riiluction in the
price of salt, next to a rednrtioii in the price of
land, was the greatest hlessins which the federal
povernnicnt could now confer upon the AVcst.
Mr. H, referred to the oainjjle of Knpland, who
favored her provision cr.rers, and iK-rniilted them
to inifiort alum salt free of duty, for the encou-
r)i?;euient of the provision trade, even when her
own salt manufacttircrs were proilucin^ an abun-
dant and Kuperfiuou.s su[)|)ly of comnioa salt.
He showed that she did more ; that she extend-
(d the same relief and encourafrcnient to the
Irish ; and he read from the IJritish statute book
an act of the IJritish rarliamcnt. passed in 1807,
entitled 'An act to encourage the export of
salted beef and pork from Ireland,' which allow-
ed a boimty of ten pence sterling on every hund-
red weight of beef and pork so exported, in con-
sideration of the duty paid on the salt which
was used in the curing of it. He stated, that,
at a later period, the uuty had been entirely re-
pealed, and the Iri.sh, in common with other
British subjects, allowed a free trade with all
the world, in salt ; and then demanded, in the
most emphatic manner, if the people of the West
could not obtain from the Amc^can Congress
the justice which the oppressed Irish had pro-
cured from a British Parliament, composed of
hereditary nobles, and filled with representa-
tives of rotten boroughs, and slavish retainers
of the king's ministers.

" The ' American system ' has taken the salt
tax under its shelter and protection. The prin-
;;iples of that system, as I understand them, and
practise upon them, are to tax, through the cus-
tomhouso, the foreign rivals of our own essential
productions, when, by that taxation, an adequate
supply of the same article, as good and as cheap,
can be made at home. These were the princi-
ples of the system (Mr. B. said) when he was
initiated, and, if they had changed since, he had
not changed with them ; and he apprehended a
promulgation of the change would produce a
schism amongst its followers. Taking these to be
the principles of the system, let the salt tax be
brought to its test. In the first place, the do-
mestic tnanufacture had enjoyed all possible pro-
tection. The duty was near three hundred per
cent, on Liverpool salt, and four hundred upon
alum salt ; and to this must be added, so far as
relates to all the interior manufactories, the pro-
tection arising from transportation, frequently
equal to two or three hundred per cent. more.
This great and exce.ssive protection has been en-
joyed, without interruption, for the last eighteen
years, and partially for twenty years longer.
Tiiia surely is time enough for the trial of a man-
ufacture which requires but little skill or expe-
rience to carry it on. Now for the results. Have
the domestic manufactories produced an ade-
quate supply for the country ? They have not ;
por half enough. The production of the last

year (1820) as shown in the returns to the Sw.
retary of tho Treasury, is about five millions of
bushels ; the ijnpprtation of forei;rn salt, for tlm
sanii' period, as shown by the custom-house r?-
turns. is five million nine hundred and fortv-five
thousand five hundred and forty-seven buslids.
This shows the consumption to be eleven mil-
lions of bushels, of which five r.re doniestic.
Hero .he failure in the essential particular of an
adcij-.ute supply is more than one half. In (1,^
ne.vt p'fi.ce, how is it in point of price? Is the
doiiicstic article furnished as cheap as tli.;
fonign . Far from it, as alrendy shown, nnd
sti.l further, as can be shown. The price of the
domestic, along tho coast of the Atlantic Staffs,
varies, at the works, from thirty-seven and a
half to fifty cents; in tho interior, the u.sual
prices, at the works, are from thirty-three and a
third cents to one dollar for the bushel of fjftv
pounds, which can nearly be put into a half
bushel measure. The prices of the foreign salt.
at the import cities, as shown in the cu.stom-
house returns for 1829, are, for the Liverpool
blown, about fifteen cents for the bushel of fifty.
six pounds ; for Turk's Island and other AVc^t
India salt, about nine cents ; for St. Ubes ami
other Portugal salt, about eight cents ; for Span-
ish salt. Bay of Biscay and Gibraltar, about
seven cents; from tho island of Malta, six ccnt.<.
Leaving out the Liverpool salt, which is made
by boiling, and, therefore, contains slack and
bittern, a septic ingredient, which promotes putre-
faction, and renders that salt unfit for ciirin"
provisions, and which is not used in the West,
and the average price of the strong, pure, alum
salt, made by solar evaporation, in hot climate*,
is about eight cents to the bushel. Here, thea
is another lamentable failure. Instead of bcino
sold as cheap as the foreign, the domestic salt u
from four to twelve times the price of alum salt.
The last inquiry is as to the quality of the
domestic article. Is it as good as the foreign ?
This is the most essential application of the test;
and here again the failure is decisive. The do-
mestic salt will not cure provisions for exporta-
tion (tho little excepted which is made, in the
Northeast, by solar evaporation), nor for con-
sumption in the South, nor for long keeping at
the army posts, nor for voyages with the navj-.
For all these purposes it is worthless, and use-
less, and the provisions which are put up in it
are lost, or have to be repacked, at a great ci-
pense, in alum salt. This fact is well known
throughout the West, where too many citizens
have paid the penalty of trusting to domestic
salt, to be duped or injured by it any longer,

" And here he submitted to the Senate, that
the American system, without a gross departure
from its original principles, could not covar this
duty any longer. It has had the full benefit ot
that system in high duties, imposed for a Ion;
time, on foreign salt ; it had not produced in
adequate supply for the country, nor half a sup-
ply ; nor at as cheap a rate, by three hundred of
one thousand per cent. ; and what it did supplj

ANXO 1830. ANDREW JACKfSOX, riU><ir>F.NT.

147

,1 f;ir from Iwinp; cqnal in qttantitv, cotild not
,y^,J^ bo used as a siibstitutu for the jrruat liiid
|.n[iorUint biisiness of the provision traile. The
•luuiint of so much of that trade as went to for-
Iftn countries, Mr. Ti. .showed to be sixt3--.six
thmipand barrel.-J of licef, fifty-four thousand
l.arrcls of porK, two millions of (Munds of bacon,
two millions of pounds of butter, and one million
„l' pounds of cheese ; and he considered the sui>-
l,]v for the army and navy, and for con.'^umption
in the Soirth, to exceed the quantity exported.

'It cannot be necessary hero to dilate upon
the uses of salt. But, in repealing that duty in
England, it was thought worthy of notice that
ialt was necessary to the health, growth, and
fattening of hogs, cattle, sheep, and hor,ses ; that
it was a preservative of ^ ^y and clover, and re-
storwl moulded and Uooa;;d hay to its good and
wholesome state, and made even straw and chaff
available as food for cattle. The domestic salt
makers need not speak of protection againsi, alum
salt. No quantity of duty will keep it out. The
jioople must have it for the provision trade ; and
the duty upon that kind of salt is a grievous
!,;irthcn upon them, without bemg of the least
advantage to the salt makers.

"Mr. B. said, there was no argument which
lould be used here, in favor of continuing this
duty, which was not used, and used in vain, in
England ; and many were used there, of much

.. ,_1 iVvwnn *«rni/»l» rtorti-irvf \\i\ iic*/>rl r»n*«r» 'Pl-\*^

R-al force, which

cannot be used here. The
American systfsm, by name, was not impressed
into the service of the tax there, but its doctrines
were ; and ho read a part of the report of the
oommitteo on salt duties, in 1817, to prove it.
It was the statement of the ngcnt of the British
>alt manufacturers, Mr. William Home, who,
was sworn and examined as a witness. IIu said :
■ I will commence by referring to the evidence I
jrave upon the subject of rock salt, in order to
establish the presumption of the national im-
portance of the salt trade, arising from the large
extent of British capital employed in the trade,
and the considerable number of persons depend-
ait upon it for support. I, at the same time,
stated that the salt trade was in a very depressed
state, and that it continued to fall off. I think
it eannot be doubted that the salt trade, in com-
mon with all staple British manufactures, is en-
titled to the protection of government ; and the
British manufacturers of salt consider that, in
mmon with other manufacturers of this coun-
Itry, they are entitled to such protection, in par-

icular from a competition at home with foreign
anufacturers ; and. in consequence, they hope

;'j see a prohibitory v ty on foreign salt.'
'Such was the peiuion of the British mann-

icturers. They urged the amount of their cap-

tal, the depressed state of their business, the

limber of [)ersons dependent upon it for sup-
rt, the duty of the government to protect it,

;he necessity for a prohibitory duty on foreign
It. and the fact that they were making more
an the country coidd consume. The ministry

iwked them with a call for the continuance of

the revenue, one million fivt- hundrwl tboti.snn I
jwnnds sterling, dorivevi from tli" salt ta.\ ; and
with a threat to lay that uinonnt u[k)H sonu'-
thinp else, if it war. taken olf of suit. All would
not do. Mr. Calcraft, and his friends, ap|H-aU'(l
to the rights and interests of the people, as over-
ruling considiTUions in (juestions of taxation.
They denounced the tax it.self as little le.-is tii.in
impiety, and an attack upon the goodness and
wi.sdom of (iod, who had filled the l>owelsof tho
earth, and the waves of the sea, with salt for tlie
u.sc and blessing of man. and to whom it was de-
nied, its use clogged and fettered, l»y odious and
abominable taxes. 'J'hey demanded the whole
repeal ; and when the ministry and the manu-
facturers, overpowered by the voice of the peo-
ple, offered to give up three fourths of the tax.
they bravely resisted the proposition, stood out
for total repeal, and carried it.

" Mr. B. could not doubt a like result here, and
he looked forward, with infinite satisfaction, to
the era of a free trade in salt. The first eflbct
of such a trade would be, to reduce the price of
alum salt, at the import cities, to eight or nine
cents a bushel. The second effect would be, a
return to tho measured bushel, by getting rid
of the tarifr regulation, which substituted weight
for measure, and reduced eighty-four pounds to
fifty. The third effect would be, to establish a
great trade, carried on by barter, between the
inhabii-ants of the United States and tho peo[)lo
of the countries which produce alum salt, to the
infinite advantage and comfort of both partie,'^.
He examined the operation of .this barter at
New Orleans. Ho said, this pure and superior
salt, made entirely by solar evaporation, came
from coxmtrics which were deficient in the
articles of food, in which the West abounded.
It came from the AVest Indies, from tho coasts
of Spain and Portugal, and from places in the
Me litcrranean ; all of which arc at this time
consumers of American provisions, and take
from us beef, pork, bacon, rice, corn, corn meal,
flour, potatoes, &c. Their salt costs them almost
nothmg. It is made on the sea beach by the
power of tho sun, with little care and aid from
man. It is brought to the United States as
ballast, costing nothing for the transportation
acrosb the sea. The duty alone prevents it from
coming to the United States in the most un-
bounded quantity. Remove the duty, and the
trade would be prodigious. A bushel of corn i.=?
worth more than a sack of salt to the half-
starved people lo whom the sea and the sun
give as much of tliis salt as they will rake up
and pack away. The levee at New Orleans
would be covered — the warehouses wo\ild be
crammed with salt ; the barter trade would be-
come extensive and umversal, a bushel of corn,
or of potatoes, a few pounds of butter, or a few
pounds of beef or pork, would purchase a sack
of salt ; the steamboats would bring it up for a
trifle; and all the upper States of the Great
Valley, where salt is so scarce, so dear, and so
indispensable for rearing stock and curing pri.-

) ;■

I4S

TillKTV YEAKV ViC^V.

viwionn, in addition (o p.II its obvious hsch. would
\a: cheaply and ftbimdanlly Hiipplied wiih that
nrtide. Mr. U. contluded with sayinff, that,
m-.xt to the redaction of the price of publie lands,
iind the free use of the eartli for labor and culti-
vation, he c.>nHidere<l the abolition of the sal* i ix,
iiii'l a free trade in forciRn salt, as the frroalfst
bli'ssinij; which the feiierai fjovemment could
iiow bestow upon the peojde of the AV'est."

ciiapteh xlvi.

BIUTItDAY OF MR. J'^.FrKK'ON, AND THE DOC-
TIUNE OF .ST'.IJi'ICATIOW.

Tjie anniversary of Ui; birthday of Mr, .IciTcr-
son (April ISth) was cclebriitwl thi;-, Mar by a
numerous company at Wa.shington City .\moji;-:
the invited guests present were the Presidcrif and
Vice-President of the United Statc.i. three oi i'
Secretaries of dcpartment.s — Messrs. Van B:Tj'ei>.
Eaton and Branch — and the Postmastar-Geniral,
Mr. Barry — and numerously attendnd by mem-
bers ol both Houses of Congress, and by citizens,
i t was a subscription dinner ; nnd as the paper
imported, lo do honor to the memory of Mr Jef-
ferson as thi' founder of the politii'al school to
which the subscribers belonged. lu that sense
I was a subscribir to the dinner nnd attended
it ; and have no doi.Vit that the mass of the sub-
scribers acted undci the same feeling. There
was a full assemblage when I arrived, and I ob-
served gentlemen standing about in clusters in
the ant(vrooins, and talking with animation on
something- appi-.vfjntly serious, and which seemed
to engross their thoughts. I soon discovered
what it was — that it came from the promulgation
of the twenty-four regular toasts, which savor-
ed of the new doctrine of nullification ; and which,
acting on some previous misgivings, began to
spread the feeling, that the dinner was got up
to inaugurate that doctrine, and lo make Mr.
Jefferson its father. Many persons broke off,
and refused to attend further ; but the company
was still numerous, and ardent, as was proved
by the number of volunteer votes given — obove
eighty — in addition to the twenty-four regulars;
and the numerous and animated speeches deliver-
ed— tlie report of the whole proceedings filling
•leren newspaper columns. When the regular
toasts were over, t)ie President was called upon

for a voliifitccr, and gave it — the one which (>ln>
trifled the cotmtry, and has become hi.storic.il
"Our Federal Union: It must fxj prostrvc),''
This brief and simple sentiment, rcceivinp (i>-.
phasis and interpretation from all the atttndt- •
circumfl mccs, and from the feeling whicli i;,;
been nprcviding since the time of Mr. Web. tr'^
rpecch, vcas received by the public as a prt t
aiiition from the President, to ami > unco a . 'i
against thi; Union, nn<^ to summon Uw fjcopio t
its defence. Mr. Calhoni) save the ?:ext toast
and it did not ht all alia}' !''ie suspi(.;i< n 'vliich
were crowding: ^rery bo.s* ni. It was this : •■ Tlie
Union : next to our Liberty the most doir: i,\av
we all remember that it can f'nly li. jirc-f r\t.l l",
rt's pectin^ the ntjiits of the States, rnd distribui-
in;; equally the benefit and burthen 'if thr Union."
This toa.st touched all the tender parts of th
new quest, i;n — liberty before nnion— only to ),;,
preserveti-- /S/a<e rights — inequality ontitrtheiu
and benefits. These phrases, connecting tiaiii.
'iclves with Mr. Ilayne's speech, and \vith pro-
ceedings and publications in South Carolina, un-
veiled NULLIFICATION, tts a ncw and di.^ilnrt doc-
trine in the United States, with Mr. Calh .in for
its apostle, and a new party in the field of which
he was the leader. The proceedings of thi- day
put an end to all doubt about the justice of '>.
Webster's grand peroration, and revealed to iLa
public mind the fact of an actual design tending to
dissolve the Union.

Mr Jefferson was dead at that time, and could
not defend himself from the use which the neiv
party made of his name — endeavoring to make
him its founder ; — and putting words in his mouth
for that purpose which he never spoke. He j
happened to have written in his lifetime,
without the least suspicion of its future great I
materiality, the facts in relation to his concern in |
the famous resolutions of Virginia and Kentucky
and which absolve him from the accujation i
brought against him since his death. He counsel-
led the resolutions of the Virginia General A.sscni- 1
bly ; and the word nullify, or nullification, is noi I
in them, or any equivalent word: he dreff tlie|
Kentucky resolutions of 1798 : and they are equal-
ly destitute of the same phra.ses. He had no- 1
thing to do with the Kentucky resolutions i
1799, in which the word "nMWt^ca<ion,"an(lisj
the " rightful remedy," is found ; and upon whicii |
the South Carolina school relied as their main a^ I
guracnt — and from which their doctrine tookiti|

pitii!', an.! entitled

ANNO 1830. ANDREW JACKSON, /"RESIDENT.

14D

tunc. Well, he had nothing; to do with it ! and
ij) wrote (as a mere matter of information, and
without foreseeing it.i future use), in a letter to
Willif.in (J. Cabell shortly before his death. This
]n.U'.v is in Volume III., page 420, of his jmblihh-
,,l..-o'r'.'';ximii w e. Thu.s, he left enough tovindi-
..:;te hiiHSclf, v/i!iiout knowing that a vindication
wouKi be nc. '^- I'y, and without recurring to the
i^ijiii" '.ativi.; i) r mstration of the peaceful and
coui'itutioniAl t-if.iedies which the resolutions
«hicli he did write, alone contemplated. But
he left it friend to stand up for him when hn
v.iis laid low in his grave — one qualified by his
Ion? ni'I irtimit*. i;!SOciation to be his conipur-
atnr, anJ entitled from his character to the ab-
coldte crtJenco of all mankind. I speak of Mr.
M .,. ■)', whtj. in various letters published in a
iiuarw volumsj by Mr. J. C. iloGuire, of Wasli-
iiigton City, has given the proofs which I have
already used, and added others equally conclu-
sive. He fully overthrows and justly resents the
attempt " of the nullifiera to make the name of
Mr. Jefferson the pedestal of their colossal here-
«y." (Page 28G : letter to iMr, N. P. Trist.) And
liC left behind him a State also to come to the
rescue of his assailed integrity — his own na-
tive State of Virginia — whose legislature almost
unanimously, immediately after the attempt
to make Mr. Jefferson " the pedestal of this
colossal heresy," passed resolves repulsing the
imputation, and declaring that there was no-
tliing in the Virginia resolutions '98 '9J, to sup-
port South Carolina in her doctrine of nullifica-
tion. These testimonies absolve Mr. Jefferson :
but the nulliflers killed his birthday celebrations !
Instead of being renewed annually, in all time,
as his sincere disciples then intended, they have
never been heard of since ! and the memory of a
(Treat man — benefactor of his species — has lost an
honor which grateful posterity intended to pay
it, and which the preservation and dis.semination
of his principles require to be paid.

CHAPTER XLVII.

EEGULATION OK COMMERCE.

The constitution of the United States gives to
Congress the power to regulate commerce with
foreign nations. That power has not yet been

executed, in the sense intendi-<l hy the constitu-
tion : for the commercial treaties ma<le liy tlio
President and the Senate are not the ligislativo
regulation intended in that grant of power ; nor
are the tariff law.s, whether for rev.-nue or pro-
tection, any ihe more so. They all mi-ss the ol»-
ject, and the mode of operating, intended by the
constitution in that grant — the true nature of
which wa.s explained early in the life of the new
federal government by those most com|)etent to
do it — Mr. Jefferson, Mr. Mmli.son, and Mr. W'xa.
Smith of South Carolina, — and in the form most
considerate and resjwnsible. Mr. Jefferson, as
Secretary of State, in his memorable report '• Oil
the restrictions and privileges of the commerce
of the United States in foreign countries;" Mr.
Madison in Ids resolutions as a member of the
House of Representatives in the year 1703, '' For
the regulation of our foreign commerce ; " and
in his speeches in support of his resolutions ;
and the speeches in reply, chiefly by Mr. Wil-
liam Smith, of South Carolina, speaking (a.s it was
held), the sense of General Hamilton ; so that in
the speeches and writing of these three early
members of our government (not to speak of
many other able men then in the House of Rep-
resentatives), we have the authentic expo.sition
of the meaning of the clause in question, and of
its intended mode of operation: for they nil
agreed in that view of the subject, though differ-
ing about the adoption of a system which would
then have borne most heavily upon Great Brit-
ain. The plan was defeated at that time, and
only by a very small majority (52 to 47), — the
defeat effected by the mercantile influence, which
favored the British trade, and was averse to any
discrimination to her disadvantage, though only
intended to coerce her into a commercial treaty —
of which we then had none with her. After-
wards the system of treaties was followed up,
and protection to our own industry extended in-
cidentally through the clause in the constitution
authorizing Congress to " Lay and collect taxes,
duties, unports and excises," <S:c. So that the
power granted in the clause, " To regulate com-
merce with foreign nations," has never yet been
exercised by Congress : — a neglect or omission, the
more remarkable as, besides the plain and obvious
fairness and benefit of the regulation intended,
the power conferred by that clause was the po-
tential moving cause of forming the present con*
stitution, and creating the present Union.

fiV

-1^

1.%

TlllUTY YEAIW VIEW.

The principle of the rcpjintion was to bo that
of ifciiirocily — that is, that tiaiio was not to )k,'
i'nv on one side, ami k'ttcifd on the other — that
ptjods were not to Ijo talicii from a f irei|j;n coun-
try, free of duty, or at a hiw rate, unless that
country should take soniething from lis, also
flee, or at a low rate. And the mode of acting
WJI.S by discriminating in the imposition of duties
butwecn those which had, and had not, commer-
cial treaties with us — <hc object to Ix) accom-
plished by an act of Congress to that efl'ect ;
which foreign nations might meet cither by leg-
islation in their imposition of duties ; or, and
which is preferable, by treaties of specified and
liini'od duration, Jly early study of the theory,
and the working of our government — so often
.lillcrent, and sometimes oijjwsite — led mc to
imdcrstai.d the regulation clause in the constitu-
1 ion, and to admire and approve it: and as in
the beginning of General Jackson's administra-
tion, I foresaw the speedy extinction of the pub-
lie debt, and the consequent release of great part
of our foreign imports from duty, I wished to
be ready to derive all tho benefit from the event
which would result ftom tho double process of
receiving many articles free which were then
taxed, and of sending abroad many articles free
\» h.ch were now met by heavy taxation. With
this view, I brought a bill into the Senate in the
passion 1829-'30, to revive the policy of Mr.
Madison's resolutions of 1793 — without cflcct
then, but without despair of eventual success.
And still wishing to see that policy revived, and
seeing near at hand a favorable opportunity for
it in the approaching extinction of our present
public debt — (and I wish I could add, a return
to economy in the administration of the govern-
ment) — and consequent large room for the reduc-
tion and abolition of duties, I here produce some
passages from the speech I delivered on my bill
of 1830, preceded by some passages from Mr.
Madison's speech of 1793, in support of his res-
olutions, and showing his view of their policy
and operation — not of their constitutionality, for
of that there was no question : and his com-
plaint was that the identical clause in the consti-
tution which caused the constitution to be
framed, had then remained four years without
execution. He said :

" Mr. Madison, after some general observa-
tions on the report, entered into a more particu-
.ar consideration of the subject. He remarked

that the commerce of the Cnitwl States is nr>',
at this day. on that resjK'clable fiK.tingto wluiij
from its nature awl im|K)rtanct>, it is tntitl(,\
He recurrcil to its situation previous tofhcadoth
tion of the constitution, when conHictinjr sw
tems jirevailed in tho ditferent States. Thotliiu
existing state of things gave rise to that convin.
tion of delegates from the tlitlcrent parts of tl„.
Union, who met to deliberate on some gimmt
principles for the regulation of commerce, whirh
might bo conducive, in their ojicration, to th-
general welfare, and that such measures sIk nM
bo adopted as would conciliate tho friendslm
and good faith of those countries who were (li«
|X)sed to enter into tho nearest commercial con-
nections with us. Hut what has been the result
of tho system which has been pursued ever
since? What is tho present situation of our
commerce ? From the situation in which we fin(l
ourselves after four years' experiment, he ob-
served, that it appeared incumbent on the lH;.
ted States to see whether they could not now
take measures promotive of those objects, lor
which the government was in a great degree in-
stituted. Measures of moderation, firmness and
decision, he was persuaded, were now necessary
to be adopted, in order to narrow the sphere oi'
our commerce with those nations who see proper
not to meet ns on terms of reciprocity.

'• Mr. M. took a general view of the probalile
effects which the adoption of something like tlie
resolutions ho had proposed, would product,
They would produce, respecting many articks
imported, a competition which would cnaUc
countries who did not now supply us with thos«
articles, to do it, and would increase the encou-
ragement on such as we can produce within our-
selves. We should also obtain an equitable
share in carrying our own produce ; we should
enter into the Held of competition on equal terras
and enjoy the actual benefit of advantages which
nature and the spirit of our people entitle us to.

" He adverted to t!ie advantageous situation
this country is entitled to stand in, considering
the nature of our exports and returns. Our ej;-
poi-ts are bulky, and therefore must employ
much shipping, which might be nearly all oiir
own : our exports are chiefly necessaries of life.
or raw materials, the food for the manufacturers
of other nations. On the contrary, the chief of
what we receive from other countries, we air,
either do without, or produce substitutes.

'•It is in the power of the United Stat(.s, jk
conc>;ived, by exerting her natural rights, with-
out violating the right.s, or even the equitable
pretensions of other nations — by doing no moio
than most nations do for the protection of Ihdr
interests, and much less than some, to mate her
interests respected ; for, what we receive from
other nations are but luxuries to us, which, it
we choo.se to throw aside, we could deprive part
of the manufacturers of those luxuries, of even
bread, if wo are forced to the contest of self-
denial. This being the case, our country may
make her enemies feel the extent of her jtowor

AXXO 1830. ANDREW JACK90K. PRESIDENT.

151

We stan'l, wiih respect to the nation t'xj>ortinK
itiosc luxuries, in the relnlion of an opulent in-
,i,(iiliiiil to the labon-r, in prodncinj; tlic siijht-
tjiiities for )iis acconitnotlation ; the forntor can
rfo ffithout those hixuries, the consuMii)tion of
tfliicli (.'ivis breail to the latter.

• IK' (lid not propose, or wi.sh that the United
St.itcs should, at present, po 80 far in tlie lino
wliidi his resolutions jwint to, as they luiKlit go.
Till' extent to which the principles involved in
those K'soiution.s should be carrictl, will depend
u[»m tilling lip the blanks. To go the very ox-
unt of the principle immediatel}', might l)e in-
convenient. IIo wished, only, that the Legisla-
ture should mark out the ground on which we
think we can stand ; perhaps it may produce
the elTect wished for, without unnecessary irrita-
tion; we need not at first, go every length.

"Another con.sideration would induce him, he
siiil. to be moderate in filling up the blanks —
not to wound public credit. lie did not wish to
lisk liny sensible diminution of the public revenue
He believed that if the blanks were filled with
iii(l}!nient. the diminution of the revenue, from a
I'iiininution in the quantity of imports, would be
counterbalanced by the increase in the duties.

• The hist resolution he had proposed, he said,
ij, in a manner, distinct from the rest. The
iwtion is bound by the most sacred obligation,
he conceived, to protect the rights of its citizens
ajr.iinst a violation of them from any quarter ; or,
if tlii'V cannot protect, they are bound to repay
tlie ilimiage.

•It is a fact anthenHcated to this House by
foranitmications from the Executive, that there
me regulations established by some European
nations, contrary to the law of nations, by which
our property is seized and disposed of in such a
«ay that damages have accrued. We are bound
either to obtain reparation for the injustice, or
compensate the damage. It is only iu the first
iustance, no doubt, that the burden is to be
tiirown upon the United States. The proper de-
partment of government will, no doubt, take pro-
per steps to obtain redress. The justice of foreign
nations will certainly not permit them to deny
reparation when the breach of the law of nations
evidently appears ; at any rate, it is just that the
individual should not suffer. IIo believed the
amount of the damages that would come within
the meaning of this resolution, would not be very
considerable."

Reproducing these views of Jlr. Madison, and

with a desire to fortify myself with his authority,

the better to produce a future practical effect, I

I now give the extract from my own speech of

11830:

" Mr. Benton said he rose to ask the leave for
I w)\ich he gave notice on Friday last ; and in do-
lingso, he meant to avail himself of the parlia-
I raentary rule, seldom followed here, but familiar
I in the place from whence we drew our rules —
1 the British Parliament — and strictly right and

prn|H>r, when any tiling new or unusual is to bo
pro|K)se(l, to state the clauses, and make iin ex-
|(Osition of the principles of his bill, Urore ho
s\ibuiittvd tiiu formal motion for leave to bring
it in.

" The teiinr of it is. not to abolish, but to pro-
vide for the abolitiiin of duties. Tlii-; phrase-
ology announces, that something in adiliiioii to
the statute — «f .ne jiower in addition to that of
the legislature, is to be concii ■ d in aeconi-
plishing the abolition. Then iho duties for
alK)lition are described as unnecessary ones ;
and under this idea is included the twofold con-
ception, that they are useless, either for the pro-
tection of domestic industry, or for supplying
the treasury with revenue. The relief of the
people from sixteen millions of taxes i-i based
upon the idea of an abolition of twelve millions
' f duties ; the additional four millions being the
merchant's profit ujMjn the duty ho advances ;
which profit the people pay as a part of the tax,
though the government never receives it. It is
the merchant's conipen.sation for advancing the
duty, and is the same as his profit upon the
goods. The improved condition of the four great
branches of national industry is presented as the
third object of the bill ; and their relative im-
portance, in my estimation, classes itself accord
ing to the order of my arrangement. Agricul-
ture, as furnishing the means of subsistence to
man, and as the foundation of every thing else,
is put foremost; manufactures, as prei»aring
and fitting things for our use, stands second ,
commerce, as exchanging the superfiuities of
different countries, comes next ; and navigation,
as furnishing the chief means of carrying on
commerce, closes the list of the four great
branches of national industry. Though classed
according to their respective importance, neither
branch is disparaged. They arc all great inter-
ests — all connected — all dependent upon each
other — friends in their nature — for a long time
friends in fact, under the operations of our go-
vernment : and only made enemies to each other,
as they now are by a course of legislation, which
the approaching extinguishment of the public
debt presents a fit opportunity for reforming
and ameliorating. The title of my bill declares
the intention of the bill to improve the condition
of each of them. The abolition of sixteen mil-
lions of taxes would itself operate a great im-
provement in the condition of each ; but the in-
tention of the bill is not limited to that inciden-
tal and consequential improvement, great as it
may be ; it proposes a positive, direct, visible,
tangible, and countable benefit to each; and
this I shall prove and demonstrate, not in this
brief illustration of the title of my bill, but at
the proper places, in the course of the examina-
tion into its provisions and exposition of its
principles.

"I will now proceed with the bill, reading each
section in its order, and making the remarks
upon it which are necessary to explain its object
and to illustrate its operation.

152

THIUTV YKAIW VIKW.

Tne Firnt Section.

'■Tliaf. for llif tiTin of Irn y :»rs, from iind nf-
Icr the lirst diiy of .laniiiiry, ill tin; jciir 1H,!2,
or, Its K)i)n tlitTt'iifttT as nwiy }»' ii;;ri'<'il upon
iK'twwn the liiitod States niid niiy foni;;n [.ow-
tT, the duties now payable on tlie niiliorliiti"n of
tlm foUowiiij; articles, or Mirli of tlieiii ii'i may he
n^M-ced upon, ^hall rease and d 'enMiiie, or he
reduced, in favor of such countries -s shall, hy
treaty, jrranl e<|uivalent ndvantaf,'es to t!io ajtri-
culture, manufactures, commerce, uiid navigation,
of the United States.

"Tills section contains the principle of aholish-
inp; duties by the joint act of the k;,'islatise and
cxocutivo departments. The idea of equiva-
lents, which the section n!.so ijresent."?, is not
new, hut has for its sanction high and venerated
authority, of which I shall not fail to nvnil my-
self. That we oupht to have equivalent.s for
aholi.shinnr ten or twelve millions of duties on
foreign merchandise is most clear. Such an
abolition will be an advantage to foreign power.'?,
for which they ought to compensate u^, by ri>-
ducing duties to an equal atnoiint upon our pro-
duction.s. This is what no law, or .separate act
of our own, can command. Amicable arrangc-
ment.s alone, with foreign owers, can clUct it ;
and to free such arrangements from serious, per-
iiap.s insuperable difficulties, it would be neces-
sary first to lav a foundation for them in iin act
of Congress. This is what my bill proposes to
do. It proposes that Congress shall select the
articles for abolition of duty, and then leave it to
the Executive to extend the provi.sions of tlie act
to such powers as will grant us equivalent ad-
vantages. The articles enumerated for abolition
of duty are of kinds not made in the United
States, so that my bill presents no ground of
alarm or unea.siness to any branch of domestic
industry.

"The acquisition of equivalents is a striking
feature in the plan which I propose, and for that
I have the authority of him whoso opinions will
never bo invoked in vain, while republican prin-
ciples have root in our soil. I speak of Mr. Jef-
ferson, and of his report on the commerco and
ni'vigation of the United States, in the year '^3,
an extract from which I will read."

The Extract.

" Such being the restrictions on the commerce
and navigation of the United States, the question
is, in what way they may best be reuioved, mod-
ified, or counteracted ?

"As to commerce, two methods occur 1.
By friendly arrangements with the several ua-
tions with whom tlicse restrictions exist : or, 2.
By the separate act of our own legislatures, for
countervailing their effects.

" There can be no doubt, but that, of these
two, friendly arrangements is tlic most eligible.
Instead of embarrassing commerce under piles
of regulating law.s, duties, and prohibitions, could
it be relieved from all its shackles, in all parts

of the world— ooidil every country Ih> l•m^)io^r,:
in pro'luciitg that which naturo has \wnt tltti-ii ,(
to pro<liue, and each be free to excliania' «,• ,
others iiiulual Ki.rplusMcs, for iiiiitiial w»ni«'
(lie greatest mass |)o»sible wouhl then k- iif,,,
(lueed, of those things which contribute to Juj,
man life and human hapinness, the luimUTd uf
mankind tvould be increased, and their cunditkm
bettered.

" Would even a single nation begin wiili ti,,,
Uniteil States this sy^tem of free eonuiierco, jt
would bo advisable to la-gin it with that nation,
since it is one l)y one only that it can be exlcml!
ed to all. Where the circ\imstances of eitiiti
party render it expedient to levy a revenue, l,v
way of iin|»ost on commerce, its freedom niicht
bo moditied m that particular, by nuitiial wl
equivalent meuy;ui-es, preserving it entire in u:
others.

"Some nations, not yet ripo for free com-
merce, in all its extent, might bo willing to nul-
lify its restrictions and regulations, for us, in
proportion to the advantage** wliioh an inter-
course with us might oiler. Particularly tluv
may concur witli us in rtrciprocating the duijj,
to bo levied on each side, or in compensating anv
excess of duty, by equivalent advantages ci
another nature. Our commerce is certainly ol
a character to entitle it to favor in most coun-
tries- The commodities we offer arc either ne-
cessaries of life, or materials for munufacture. or
convenient subjects of revenue ; and we take in
exchange either manufactures, when they Lave
received the last flni.sh of art and industry, ( r
mei'C luxuries. Surh customers may i eiusoimbiy
expect welcome and friendly treatment at every
market — customers, too, whose demands, increas-
ing with their wealth and population, mustverv
shortly give full employment to the whole indu.s-
try of any nation whatever, in any line of supply
they may get into the habit of calling for from it.

" But, should any nation, contrary to our
wishes, suppose it may better find its ad-antaje
by continuing its system of prohibitions, duties,
and regulations, if; behooves us to protect our I
citizens, their commerco and navigation, by
counter prohibition!?, dvities, and regulations, i
also. Free commerce and navigation are not to
be given in exchange for restrictions and vexa- 1
tions ; nor are they likely to produce a relaxa-
tion of them."

" The plan which I now propose adopts the
idea of equivalents and retaliation to the whole |
extent recommended by Mr. Jefferson. It dif- ;
fers from his pi., i in two features: first, in the
mode of proceeding, by founding the treaties
abroad upon a legislative act at home ; secondly, |
in combining protection with revenue, in Bclm-
ing articles of exception to the ystemof fre«|
trade. This degree of protectiou ho admitted I
himself, at a later period of his life. It corres- 1
ponds with the recommendation of PresideDtl
Washington to Congress, in the year '90,iiidj
with tluit of our present Chief Magistratt, t«J

ANNO isao. ANI»Ui:W JArKSO.V, ritF>M)KNT

153

jirK'lTC'". nt the coinnu-ncfnicnt of the jircsont
. ..i.m of Congn-sH.

•I will not now Hfop to dilnti' njioii the \tctw-
■ t wliirli will riHult to every fniiiily from i\n i
,>iolition of (liitifs which will innMo I hem to p-t {
.llhcnrticKs cniinu'i:iti<l in my hill for nlMnit I
iac thinl. or one half U'ss, thnn is now |iai<l for
iiim. Let nny otu- rvail over the li-t of nrtidcv '
,r,,| tlitii hx'k to the Kuin total whi<h he now |
,j,v<otit (mnunlly for them, and from tlmt sum I
llcliift iii'iir lifty ])er i-cnt., \\ hich is al)out tlif
;vcrii|:t'"f ll'^' ''"^'^'^ and nurclmnt's prollt in-
iiloil. with which tlioy now come charf^cd to
;ii. This ('I'dnction will be lii^ snvinp nndcr
•;,. brunch of my plan — the ulKilitioii clause.
;,)tliis must ho ailded the pain uiuUt the clause
M si'Ciire cqiiivalcnts in foreign nmrkels. and
iiio two hciuK added topether, the savinp in pur-
,!i;;si>s at home being added to the pain in sales
lir,ail. will pivc the tnic measure of the advan-
ia^as which my plan presents.

•Lot us now SCO whether the apricnlturc and

ijiniifactures of the United States do not require

iittiT markets abroad thnn they jiosscss at this

;jii,e, What is the state of these market.s ? Let

flits reply. England imposes a duty of three

-lillinps stcrlinf,' a pound upon our tobacco,

I siikh is ten times its value. She imposes duties

intiivalcnt to prohibition on our gram and pro-

I visions ; and cither totally excludes, or cnoi mous-

taxes, every article, except cotton, that wo

|nnl to her ports. In France, our tobacco is

Lilijcct to a royal monopoly, which makes the

Itini: the sole purchaser, and subjects the seller

jto the necessity of taking the price which his

laicnts will pive. In Germany, our tobacco, and

lolher articles, are heavily dutied, and liable to

la transit duty, in addition, when they have to

Ijscend the Rhino, or other rivers, to penetrate

Ilk interior. In the West Indies, which is our

Ifrrat provision market, our beef, pork, and Hour,

Itidially pay from eight to ten dollars a barrel :

Icur bacon, from ton to twenty-five cents a

lound; live hogs, eight dollars each ; corn, com-

Siioal, lumber, whiskey, fruit, vegetables, and

Iviry tiling el.se, in proportion; the duties in

(lie different islands, on an average, equalling

exceeding the value of the articles in the

I'nited States. AVe export about forty-flve

pillions of domestic productions, exclusive of

jnanufactures, annually ; and it may be safely

Issumcd that we liavo to pay near that sum in

Ihe shape of duties, for the privilege of selling

jhese exports in foreign markets. So much for

rriculture. Our manufactures are in the same

edition. In many branches they have met the

lome leniand, and are going abroad in search of

pijm markets. They meet with vexatious rc-

krictions, peremptory exclusions, or oppressive

Intios, wherever they go. The quantity already

[iportcd entitles them to national consideration,

1 the list of exports. Their aggregate value for

1628 was about five millions of dollars, compris-

k domestic cottons, to the amoimt of a million

It dollars; soap and candles, to the value of nine

lumdriil thousand dollnrs; b<ifii-i, shn«>«, and
saddlery. (Ive hundred thousand ili'llars; halA,
thn-c hiinilrnl thoui-and dollars; rnlunet, enach,
and other wrM>den work, six liiiudii'd tliouKand
d(dlars ; glass and iron, three hiindiid tlious.tnd
dollars; and numerous smaller iicnix. Thi<
hirpe aiuouiit of manufactuits pays their value,
in some instances more, for the priviiep' <>( licing
sold aliroa<l; and, what is worse, they are loially
excluded from several countries from which we
Imy larpely. Such restrictions and iin[Mi«itioirs
are hiphly injiiriou.s to our manufactiius; and
it is incontcstably true, tho amount of exports
prove it, that what most of them now need is not
more j)rotection at home, but a better market
abroad ; and it is one of the otijecta ol this bill to
obtain such a market for them.

"It appears to me [said Mr. H.] to be a fair
and practicable plan, combining iJie advantages
of legislation and negotiation, and avoiding the
objections to each. It consults the sense of the
peoj)lc, in leaving it to thei' Representatives to
say on what articles dutie.n shall be abolished for
their relief; on what they shall be retained for
protection and revenue ; it then secures the ad-
vantage of obtaining equivalents, by referring it
to the Executive to extend the benefit of the nl>-
olition to such nations as shall reciprocate the
favor. To such as will not reciprocate, it leaves
every thing as it now stands. The success of
this plan can hardly be doubted. It addresses
itself to the two most powerful passions of the
human heart — interest and fear; it applies itself
to the strongest principles of human action-
profit and loss. For, there is no nation witij
whom wo trade but will bo benefited by the in-
creased trade of her staple productions, which
will result from a free trade in such productions ;
none that would not bo crippled by the loss of
such a trade, which loss would be the immediate
eilieot of rejecting our system. CUy position en-
ables us to command the commercial sy^item of
the globe; to mould it to oiar own plan, for the
l)enenT of the world and ourstlyes. The ap-
proaching extinction of the public debt puts it in-
to our power to tbolish twelve millions of duties,
and to set free more than one-half of our entire
commerce. We should not forego, nor lose the
advantages of such a position. It occurs but sel-
dom in the life of a nation, and once massed, is
irretrievably gone, to the generation, at least, that
saw and neglected the golden opportunity. We
have complained, and justly, of tho burthens
upon our exports in foreign countries ; a part of
our tariff system rests upon the principle of reta-
liation for the injury thus done us. Kctaliation,
heretofore, has been our only resource : but re-
ciprocity of injuries is not the way to enrich na-
tions any more than individuals. It is an ' un-
profitable contest,' under every aspect. But
the present conjuncture, payment of the public
debt, in itself a rare and almost unprece<lented
occurrence in the history of nations, enables us
to enlarge our system ; to present a choice of al-
ternatives: one fraught with relief, tho other

(

Tnmn' Yr.vna' vir.w.

ljr!WIHf>PiTi?5

prt'smtiinr a Imrllun to f4)n'ipn nntions. The
|)urti<'i|intii)ii, iir <'\<'liisii>ti, rrnrn forty inillionH of
irt'u tni'li', niiiiiiully iiicriiiNiiiy:. would not admit
ol' a M'coiid tlioii);lit. ill the Ix-ad of any nation
Willi whii li \vi' trado. To say nothintr of hiT
gainn in Ihn |iarti('i|iation m such a coninicrcc,
\tliut would )>v hrr loss in tliu cxi'lusion from it /
How WDidil lMi;.'lHnd, FniiKv. or (itTuuniy, ln'nr
tin- loss of tlii'ir linen, silk, or wini' tradi-, with
till' Tnitcd Ntjili's ? How fould Culm, St. l)o-
niin;;o, or lliiizil, hear tin.' lossof thi'lrcollce trade
with us 7 TIk'V could not hear it at all. |)cop
nnd essential injury, ruin of imiustry seditions,
anil hlood.shed, anil the overthrow uf administra-
tions, would ho till) consei|uencL' of such loHR.
Yet sui'h loss would lie inevitalile (and not to
the few nations, or in the articles only which I
have nientiuned. for I have jint a few instaiices
only hy m ay of e.xamiile), hut to every nation
with whom we trade, that would not fall into
our system, and tlirouphout the whole list of es-
scntfril iirlicles to which our aholition extends.
Our |ire.>*tnt heavy duties woidd continue in force
n(;ainst such nations ; they would he al>olished
in favor of their rivals. \Ve would say to them,
in the lan^'ua^o of Mr. Jellerson, free trade and
navi|fation is not to be given in exchnnp;o for re-
Htriclions and vexations! liut I feel entire
conlidenco that it would not bo neccNsary to use
the language of menace or coercion. Amicablo
representulions. addressed to their sense of self-
interest, would bo more agreeable, nnd not less
ed'ectual. The plan cannot fail ! It is scarcely
within the limits of ]x)s.sibility that it should
fail ! And if it did, what then ? Wo have lost
nothing. We remain us wo were. Our present
duties are still in force, and Congress can net
upon then) one or two years hence, in any way
they please.

'•Here, then, is the peculiar recommendation
to my ))lan, that, while it secures a chance, little
short of absolute certainty, of procuring an abo-
lition of twelve millions of duties upon our ex-
ports in foreign countries, in return for an aboli-
tion of twelve millions of duties upon imports
from them, it exposes nothing to risk , the abo-
lition of duty upon the foreign article here being
contingent upon the acquisition of the equivalent
advantage aljro.id.

'•1 close this exposition of the principles of
my bill with the single remark, that these treaties
for the mutual abolition of duties should be for
limited terms, say for seven or ten years, to give
room for the moditications which time, and the
varying pursuits of industry, may show to be
necessary. \J\wn this idea, the bill is framed,
and the period of ten years inserted by way of
suggestion and exempliflcation of the plan. Ano-
ther feature is too obvious to need a remark, that
the time for the commencement of the abolition
of duties is left to the Executive, who can ac-
commodate it to the state of the revenue and the
extinction of the public debt."

The plan which I proposed in this speech adopt-

e«l the principle of .Mr. Mailison's n-iolntn.r,,
but reversed their action. The discrimimi,,,,
which he proposed was a levy of live or t<n 1.7
cent, wiorc on the imjK)rts from couiitni'H win.-,
did notentcr into our proiKisitions for reriprndtv '
my jOan, as lieing the wiine thing in siil .ii,,,,.^
and less invidious in form, was a levy u( (ivc , ,
ten |>er cent, li'im on the commerce of the rwn.
rocnting nations—thenby liolding out nn ir.
ducement and a benelit, iuslead of a threat tm
a penalty.

CHAPTER X I. V 1 1 1 .

ALUM SALT. TIIK AHOLITION OF TIIK DfTT ITON
IT, AND ItKI'KAL OF THE KISIIINO BOL'NTVaND |
ALLOWANCES FOUNUKD ON IT.

I LOOK ii|)on a salt tax as a curse — as somi. I
thing worso than n political blunder, great a*
that is — as nn impiety, in stinting the use. an I
enhancing the cost by taxation, of nn nrticlt I
which God has made necessary to the health anj |
comfort, and almost to the life, of every animat-
ed being— the poor dumb animal which can only I
manifest its wants in muto signs and frantic ac-
tions, as well as the rational nnd speaking nun
v^'ho can thank the Creator for his goodness, and
ctirse tho legislator that mars its enjoyment.
There is a mystery in salt. It was used in holv
sacrifice from tho earliest day ; and to this time.
in the Oriental countries, tho stranger lodging in
tho house, cannot kill or rob while in it, after lie I
has tasted the master's salt. Tho disciples of [
Christ were called by their master the salt of the |
earth. Sacred and profane history abound in in-
stances of people refusing to fight against tLe I
kings who had given them salt : and this nl}-st^l
rious deference for an article so essential to mn I
and beast takes it out of the class of ordinairl
productions, and carries it up close to those ri-
tal' elements — broad, water, fire, air — which Pro- j
videnco has made essential to life, and spradl
every ;;\hcre, that craving nature may findiwl
supply without stint, and without tax. T!ie|
venerable Mr. Macon considered a salt ta.x in 1 1
sacrilegious point of view — as breaking a sacred I
law — and fought against ours as long as M
public life lasted; and I, his disciple, not dists- 1
teemed by him, commenced lighting by liissidi I
against the odious imposition ; and have contit [

ANNO 1830. ANDKKW JAiKS«»N', riU>ll>K.NT.

15.j

h1 It liincc h\ii (loath, ainl hIibII r<mtinui< it iin- '

, ||,r iitx ('vawii, ur my |N)liti('al lifu tcriniiinti-i.

\i»nv «r« my n|)oirlK's, niui ri'lH)?!*, nKftinst it

;, iiiv Mnatorwl lifu of thirty yi'urs ; aixl nmiKi^;

I ,„.r |i|Hirht'ii, one hiiiitcil tu a |iBrticulnr kiml

; ^It not mtt<io in ihf l'iiilu<l .Stutts. nii<l in<hs-

.,ii.alilc to (Irii'tl or imklt'il provisions. This is

' „ tliiiii Mklt. niailu hy Huhir cva|)orntion nut uf

.i»at(r; nixl bcin;; a kintl not |iro(hi(H'<i at

li,.w. iiiiiii^ix'iisahlu unU incapnhlu of t>iihHtilnti>,

|itliiilaK');itimato claim to fxi-nnition from tho

IrsiKms of iho Anicricnn Hystom. 'Ilmt Hvstcin

irnU-rU'il liornvmndu liru-boilcil romniun Halt,

In-aiiso it hail a foreign rival : wo iiiul no min-

imili' crystallized salt at homo; and tlu'riTorc had

lnotliinK to jirotcct in taxing tho foreign article.

1] had failed — wo had all failed — in our attempts

luuliolixli tho Halt tax generally: I determined

It) lucinpt the abolition of the alum salt duty kc-

Itiratily ; and with it, tho fishing bounties and

i..)\viin(!c'.s founded upon it: and brought a

into the Senate to accomplish that object.

Ihe tishing bounties and allowances being clnini-

L|by some, as a bounty to navigation (in which

»int of view they would bo as unconstitutional

i unjust), I was under the necessity of tracing

Lir orij,'in, as being founded on the idea of n

Irawback of tho duty paid on tho salt put upon

|he exported ''••Vd or pickled ll.sh — commencing

kith the suit tax, and adjusted to tho amount of

lie tax— ri.^ing with its increase and falling with

fall— and that, in the beginning allowed to the

Ixportation of pickled beef and pork, to the

lime degree, and upon the same principle that

kelmntics and allowances were extended to

le tishorics. In the bill introduced for this

iirposo, I .<ipoke as follows :

"To Sparc any senator tho supposed necessity
f rehearsing me a lecture upon the imi)ortance
I the lisheries, I will premise that I hiive some
|.]uaintance with the subject — that I know the
iht'iies to bo valuable, for tho food they pro-
p, the commcrco they create, tho mariners
ley jicrfeet, the employment they give to arti-
Dsin the building of vessels; and theconsump-
bn they make of wood, hemp and iron. I also
^ow that the fishermen applied for the boun-
. at the commencement of our present form
J povemment, which the British give to their
|licrics, lor the encouragement of navigation ;

tliat they were denied them upon the re-
Irt of tho then Secretary of State (Mr. Jef-
pon). 1 also know that our fishing boim-

and allowances go, in no part, to that
bnch of liiihing to which the British give

mrmi bounty — whaling— Ucauw it i* tho lH'«t
M'liiM)! for nmrinef* ; nml the inlerexln of i\n\-
ignlion arc tlit'ir priniMimi hIiJitI in pri>ni()iiii!>
tl)>hing. No part of our boiintit'M nml iillou-
ant'is go to our wh«l<' sliipH, bvcun.-«' Ihry d(>
not consume fiinirn salt on whii-li liny haxo
])itid duly, bikI reclaim it »■« dntw buck. 1 have
also read the six lio/i-nocU tif <'i)nt;rcs«<, general
and ]Mirticular. passed in llic Inst forty years —
from 17HU to IS'JW i?iclusivcly — giving tlielK)un-
lies and allowances which it '\a my present |iur-
|M)su to ulMilish, v>ith the alum salt duly on
which all this KU|Krstrui'ture of legi.sla'ive en-
actment is built up. ' say the salt tax, and es-
])ecinlly the tax on nliun salt (which is the kind
reipiired for the tisheries), is the foundation of
all thesv liounties and allowances; and that, as
they grew up together, it i.-i fair and regidnr that
they should sink and fall together. I recite n
dozen of the acts : thus :

" 1. Act of (Jojigress, 178'.), grants five cent.s
a barrel on j)ieklcd fish and saltcfl provi'-ions,
und tlvo cents a quintal on dried llsh, e\|>orte(l
from the United iStates, in lieu of a drawback of
tho duties impo.sed on the hnjiortation of the salt
used in curing .such ilsh and provisions.

*' N. It. Duly on suit, at that time, tix cents a
bushel.

'•2. At'tof 17'JOincreasesthcbounty in lieuof
drawback to ten ci'uts a barrel on pickleil fish
and salted provisions, and ten cents a (|uintnl on
dried fi.sh. Tho duty on salt being then raised
to twelve cents a bushel.

'"3. Act of 17'.)2 rei)eals the Iwnnty in lieu of
drawback on dried fish, and in lieu of that, and
as a commutation and e(|uivnlcnt therefor, au-
thorizes an allowance to be paid to vessels in tho
cod fishery (dried fish) at the rate of one dollar
and fifty cents a ton on vessels of twenty to
thirty tons ; with a limitation of one hundred
ond seventy dollars for the highest allowance to
any vessel.

" 4. A supplementary act, of tho same year,
adds twenty \)cr cent, to each head uf these aU
lowances.

" 5. Act of 1797 increases tho bounty on salt-
ed provisions to eighteen cents a barrel ; on
pickled fish to twenty-two cents a barrel ; and
adds thirty-three ami a third jwr cent, to the al-
lowance in favor of the cod-fishing vessels. Du-
ty on salt, at tho same time, being raised to twen>
ty cents a bushel.

"6. Act of 1199 increases the bounty on
pickled fish to thirty cents a barrel, on salted
provisions to twenty-five.

" 7. Act of 1800 continues all previous acts
(for bounties and allowances) for ten years, and
makes this proviso :- That these allowances shall
not be understood to be continued for a longer
time than the correspondent duties on salt, re-
spectively, for which the said additional allow-
ances were granted, shall be i)ayable.

'• 8. Act of 1807 repeals all laws laying a du-
ty on imported salt, and for paying bounties on
the exportation of pickled fith and tsalted pre

156

TJIIUTV YEAIW Vli:V.-.

vu;ionH. nnd iiinkint; nllowntiPi's to fisliinR vessels
— Mr. Ji'Hi'rwn Ih'Jii^ then J'rcHiileiit.

'• y. Act of 181 '{ ^'ives a lK)unty of twenty
cents a barrel on pickled iisii exported, mid al-
lows to tlie cod-lisliinR vessels at the rale of
two dojiars nnd forty cents tiie ton for vessels I
between twenty and thirty tons, lour dollars a
ton for vessels above thirty, with a limitation of
two hundred and seventy-two dollars for the
lup:hest allowance ; and a proviso, that no boun-
ty or allowance should be paid unless it was
proved to the satisfaction of the collector that
the lish was wholly cured with foreign salt, and
the duty on it securetl or paid. The salt duty,
at the rate of twenty cents a bushel, was re-
vived as a war ta:{ at the same time. Bounties
on salted provisions were omitted.

"10. Act of 1810 continued the net of 1813
in force, which, being for the wut only, would
otherwise have expired.

"11. Act of 1811) incrca.ses the allowance to
vessels in tlic cod fishery to three dollars and
lifty cents a ton on vessels; from jive to thirty ;
to four dollars a ton on vessels above thirty tons ;
with a limitation of tlirce hundred and sixty dol-
lars for the maximum allowance.

" 12. Act of 1828 authorizes the mackerel
fishing vessels to take out licenses like the cod-
fishing vessels, under which it is reported by
the vigilant Secretary of the Treasury that mo-
ney is illegally drawn by the mackerel vessels —
tiie newspapers say to the amount of thirty to
lil'ty thousand dollars per annum.

" These recitals of legislative enactments are
sufficient to prove that the fishing bounties and
allowances arc bottomed upon tlie salt duty, and
mutt stand or fall with that duty. I wiil now
give my reasons for proposing to aboiish the du-
ty on alum salt, and will do it in the simplest
form of narrative statement ; the roosons them-
selves being of a nature too weighty and obvi-
ous to need, or even to admit, of coloring or ex-
aggeration from arts of speech,

" 1. Because it is an article of indispensable
necessity in the provision trade of the United
States, No beef or pork for the artu)' or navy,
or for consumption in the South, or lor cxjwrta-
tion abroad, can be put up except in this kind of
salt. If put up in common salt it is rejected
absolutely bj' the commissaries of the arnjy and
navy, anu if taken to the South must be repacked
in alum salt, at an cxiH;nse of one dollar and
twelve and a half cents a barrel, before it is ex-
ported, or sold for domestic consumption. The
quantity of provisions which require this salt, and
must have it, is prodigious, and annually increas-
ing. The exports of 1828 were, of beef sixty-six
thousand barrels, of jwrk fifty-four thousand
barrels, of bacon one million nine hundred thou-
sand [lounds weight, butter and cheese two mil-
lion pounds weight. The value of these articles
was two millions and a quarter of dollars. To
this amount must be added the supply for the
;iruiy and navy, and all that was sent to the
. byuiii for home consumption, ever}' pound of

which had to !« cured in this kind of paij^ f ,
common salt will not cure it. The Wciuti

'itiy is the great producer of provisions' i^.
...re is scarcely a fanner in the whole extt'nti
that vast region whose interest does not nfiiir,
a (ironijit repeal of the duty on this descrinii I
of wilt. ' ■"'

■ 2. Because no salt of this kind is made In ii,
United States, nor any rival to it, or siilisiid,
for it. It is a foreign importation, brouirht fr i I
various islands in the West Indies, lieloncint- 1 /
F,ngland. France, Spain, and Deimiark ; ami irun
LislK)n, St. Ubes, Gibraltar, the Bay of liJH'rui
and Liverjwol, The principles of the proteciui J
system do not extend to it: for no quantity
protection can produce a home supply. "'{
present duty, which is far beyond tlie intidmii
limit of protection, has been in force near tiur,;!
years, and has not produced a pound. \\\. .^J
still thrown exclusively ujion the foreign stiiiiilvJ
The principles of the protecting system can (iniii
apply to common salt, the product of which
considerable in the Unite<l States; and upon tijaJ
kind, the present duty is proposed to be Icfi ;
full force.

" 3. Because the duty is enormous, and qiat,
ruples the price of the salt to the farmer. 'Jiii
original value of salt is about fifteen cents I'J
measured bushel of eighty-four pounds. nJ
the tarill" substitutes weight, for measure, an|
fixes that weight at fifty-six pounds, instead
eighty-four. Upon that fifty-six pounds, adi
of twenty cents is laid. Upon this duty, tlier
tail merchant has his profit of eight or tin coikj
and then reduces his bushel from fifty-si,\ totiiJ
pounds. The consequence of all ....sc opeiatioJ
is, that the farmer pays about three tinus )|
much for a weighed bushel of fifty pounds, a
he would have paid - a measured bushel o|
eighty-four pounds, if this duty had never 1«J
imposed,

" 4, Becau.so the duty is imequal in its open
tion, and falls heavily on some parts of the com
munity, and produces profit to others, Itisi
heavy tax on the farmers of the West, whooa
port provisions ; and no tax at all, but ratlierl
source of profit, to that branch of the fisheries
which the allowances of the vessels apply,
porters of provisions have the same claim to t
allowances that exporters of fish havo. lic|
claims rest upon the same principle, and u|x
the principle of all drawbacks, that of refundiBJ
the duty paid on the imported salt, whicli :>
exported on salted fish and provisions. The $i
principle covers the beef and pork of the fan
whicli covers the fish of the fisherman ; anJ >
was the law, as I have shown, for the first &^
teen years that these bounties and allowan
were authorized. Fish and provisions fan!d>lil|
from 1781) to 1807. Bounties and nllowii
began u[)on them together, and fell togt>ther.i
the repeal of the salt tax, in the sccoiul tcriu^
Mr, Jefferson's administration. At the nneitf
of the salt tax, in ISIS, at the comii.enccmrat J
the late war, they parted company, and tlielil

ANNO 1830. ANDREW JACKSON, rnil-ilDF.NT.

15";

5,(h«ex»rt sense of tlio proverb, hns mndo fish
ff nna ami tl«-'sh of the other ever since. The
!i<hin? iiitcn'st is now drnwing about two hini-
.;.,<1 and fifty thoiisand dollars annually from
I ,v treft's'iry ; the provision raificrs draw not a
L,nt, while they export more than <louhlo as
L,ii,-h and oiij;ht, upon the same principle, to
inff mire than double as much money from the
ircnsiiry.
"5. Because it is the means of drawing an un-
iluo amount of money from the pul>lic trcaatiry,
under the idea of an equivalent for the drawback
of duty on the salt used in the curing of fish.
The amount of money actually drawn in that
MV is about four millions seven hundred
jini fifty thousand dollars, and is now poing
m at the rate >f two hundred and fifty
thou'^and dollars per annum, and constantly
jitTnenting. That this amount is more than
ibe icir.ll iiJea recopnizes, or contemplates, is
proveii in various ways. 1. By comparing the
oiiimtity of salt supjiosod to have been used,
irith the quantity of fish known to have been
tX]iorte(l, within a piven year. This test, for
<lii' year 1828, would exhibit about seventy
n>il!ions of pounds weight of salt ou about forty
n illions of pounds weight of fish. This would
suppose about a pound and three quarters of
!i',lt upon each poimd of fish. 2. By comparing
the value of the salt supposed to have been used,
livith the value of the lish known to have been
Icsiiorted. This test would pivo two hundred
liiid forty-eipht thousand dollars for the salt
I'lty on about one million of dollars' worth of
|ti<li; raakin-j; the duty one fourth of its value.
Iiiii this basis, the amount of the duty on the salt
liised on exported provisions would be near six
Ihindred thousand dollars. 3. By comparing
Itlie increasing allowances for salt with the de-
Imx'ing exportation of fish. This test, for two
Ipven jKjriods, the rate of allowance being the
\fA\m, would produce this result: In the year
si'i, three hundred and twenty-one thousand
Ifour hnndied and nineteen quintals of dried fish
Ic.vportctl, and one hundred and ninety-eight
Ithousand seven hundred and twenty-four dollars
Ipaid for the commutation of the salt drawback :
Till 1828, two hundred and sixty-five thousand
llffo hundred and seventeen quintals of dried fish
|es]wrtcd, and two hundred and thirty-nine thou-
sand one hundred and forty-five dollars paid for
hhe commutation. These comparisons establish
jtlie fact that money is unlawfully drawn from
p tnasnry by means of these fishing allow-
Vnces, hotlomed on the salt duty, and that fact
is expressly stated by the Secretary of the
Ireasury (Mr. Ingham), in his report upon the
pnances. at the coiniuenccment of the present
«sion of Congress. [Sec page eight of the re-
m.]

" 6. Because it has become a practical viola-
ion of one of the most equitable clause i in the
wnstitution of the United States— the clause

whwh declares that duties, taxes, and exriMe«,
shall lie imiform throughout the I'nion. There
is no uniformity in the o|)eration of this tax.
Far from it it empties the pockets of sonic,
and fills the pockets of others. It returns to
some five times as much as they |).nv, and to
others it returns not a cent. It gives to the
fishing interest two hundred and fifty thousand
dollars per annum, and not n cent to the farm-
ing interest, which, upon the same jirinciple,
would bo entitled to six hundred thousand dol-
lars per annum.

" 7. Because this duty now rests ujton a false
basis — a basis which makes it the interest of
one part of the Union to keep it up, while it is
the interest of other i>arts to get rid of it. It is
the interest of the West to almlish this duty : it
is the interest of the Northeast to perpetuate it.
The former loses money by it ; the latter makes
money by it ; and a tax that Ixjcomes a money-
making business is a solecism of the higlust
order of absurdity. Yet such is the fact. The
treasury records prove it, and it will aliord the
Northeast a brilliant opportimity to manifest
their disinterested affection to the West, by piv-
ing up their own profit in this tax, to relieve the
West from the burthen it imposes upon her.

" 8. Because the repeal of the duly will not
materially diminish the revenue, nor <leluy the
extinguishment of the public debt. It is a tax
carrying monej' out of the treasury, as well as
bringing it in. The isstie is two Inindred and
fifty thousaiul dollars, perhaps the full amount
which accrues on the kind of salt to which the
abolition extends. The duty, and the fishing
allowances bottomed upon it, falling together as
they did when Mr. Jefferson was I'resident,
wotdd probably leave the amount of revenue
unaffected.

'' 9. Because it belongs to an unhappy period
in the history of our government, and came to
us, in its present magnitude, in comjiany with
an odious and roj.ndiatetl set of measures. The
maximum of twenty rents a bushel on salt was
fixed in the year 'Oft, and was the fruit of tho
.same sy.stem which produced the alien and sedi-
tion laws, the eight per cent, loans, the stamp
act, the black cockade, and the standing army in
time of peace. It was one of tho contrivances
of that disastrous period for extorting money
from the ))eople, for the support of that strong
ond splendid government which was then tho
cherished vision of so many exalted lieads. The
reforming hand of Jefferson overthrew it. and all
the superstructure of fishing allowances whicli
was erected upon it. The exigencies of tho lato
war caused it to bo revived for the term of tho
war, and the interest of some, and tho neglect of
others, have permitted it to continue ever since.
It is now our duty to sink it a .second time. Wo
profess to be disciples of the Jefl'ersonian school ;
lei us act up to our profession, and complete tho
task which our master set us."

■{ -- 1

if ^;i

t:;:'

l.-iS

THIRTY YEARS' VIEW.

!•''

C II A r T K 11 X L I X .

BANK OF THE UXITKI) STATES.

It has been already shown that Cicneral Jack-
son in liis first annual message to Congrcs.s, call-
ed in qticstion both the constitutionality and
expediency of the national bank, in a way to
show him averse to the institution, and dis-
posed to sec the federal government carried on
without the aid of such an assistant. In the
Fame message he submitted the question to Con-
gress, that, if Guch an institution is deemed es-
Fential to the fiscal operations of the govern-
ment, whether a national one, founded upon the
credit of the gnvernment, and its revenues, might
not be devised, which would avoid all constitu-
tional difficulties, and at the .same time secure all
the advantages to the government and country
that were expected to result from the present
bank. I was not in Washington when this mes-
sage was prepared, and had had no conversation
with the President in relation to a substitute for
the national bank, or for the currency which it fur-
nished, and which having a general circulation
was better entitled to the character of '' nation-
al " than the issues of the local or State banks.
We knew each other's opinions on the question of
a bank itself: but had gone no further. I had
never mentioned to him the idea of reviving the
gold currency — then, and for twenty years— -ex-
tinct in the United States : nor had I mentioned
to him the idea of an independent or sub-trea-
sury — that is to say, a government treasury un-
connected with any bank — and which was to
have the receiving and disbursing of the public
moneys. When these ideas were mentioned to
him, he took them at once ; but it was not until
the Bank of the United States should be disposed
of that any thing could be done on these two
subjects ; and on the latter a process had to be
gone through in the use of local banks as depos-
itories of the public moneys which required sev-
eral years to shovr its issue and inculcate its les-
son. Though strong in the confidence of the
people, the President was not deemed strong
enough to encounter all the banks of all the
States at once. Temporizing was indispensable
— and even the conciliation of a part of them.
Hence the deposit system — or some years' use

of local hanks as fiscal agents of the emn
mcnt — which gave to the institutions so sile<v,, j
the invidious appellation of " pet hanka ; " n)( j„j
ing that they were government favoiite-;.

In the mean time the question which tlicPrcsil
I dent had submitted to Congress in relation to
' government fiscal agent, was seized upon as aiJ
admitted design to establish a government bank
— stigmatized at once as a " thousand times morj
dangerous " than an incorporated national bank-
andheldup to alarm the country. Committees ii
each House of Congress, and all the public pr(>i
in the interest of the existing Bank of tb
United States, took it up in that sense, and vehe.
mently inveighed against it. Under an instruc-
tion to the Finance Committee of the Senate, tol
report upon a plan for a uniform currency. anJ
under a reference to Jie Committee of Ways ana
Means of the House, of that part of the PresJ
dent's message which related to the bank and iu
currency, most ample, elaborate and argumcntJ
tivo reports were made — wholly repudiatin" all
the suggestions of the President, and sustaining
the actual Bank of the United States under even
aspect of constitutionality and of expediencvJ
and strongly presenting it for a renewal of iJ
charter. These reports were multiplied withoul
regard to expense, or numbers, in all the varicl
ties of newspaper and pamphlet publication I
and lauded to the skies for their power and cm
cellence, and triumphant refutation of all tin
President's opinions. Thus was the " war of thi
braik " commenced at once, in both Houses o^
Congress, and in the public press ; and openly a
the instance of the bank itself, which, forgettinJ
its position as an institution of the governmenJ
for the convenience of the government, sctitsell
up for a power, and struggled for a continud
existence — in the shape of a new charter— as J
question of its own, and almost as a right. Il
allied itself at the same time to the political pan
ty opposed to the President, joined in all tlieij
schemes of protective tariff, and national inter!
nal improvement : and became the head of ih
American system. With its moneyed and politij
cal power, and numerous interested affiliation!
and its control over other banks, brokers acj
money dealers, it was truly a power, and agra
one : and, in answer to a question put by Gew
ral Smith, of Maryland, chairman of the Finaj
Committee of the Senate already mentioned (ai
appended with other questions and answers <

ANNO 1830. ANDREW JACKSON. rUF>lDF.NT.

^. rc'ixjrt), Mr. Biddlc, the president, Hhowed
, poircr in the national bank to save, relieve or
,j.jiroy the local banks, wliich exhibited it as
fj.ir absolute ma.ster ; and, of course able to
f,„trol thera at will. The question was put in
I .pirit of friendship to the bank, and with a
,i,>{r to enable its president to exhibit the insti-
lation as great, just and beneficent. The iiues-
lion was : " //«» the bank at any lime oppressed
jiy 0/ the State banks?" and the answer:
• Ake'." And, as if that was not enough, Mr.
Bkltllc went on to say : ^^ There are very few
Ifinks vhkh might not have been destroyed by
uji exertion of the power of the bank. None
Uw been injured. Many have been saved.
.Inrf more have been, and are constantly re-
Ikred, when it is found that they are solvent
kt are suffering under temporary difficulty."
Ihis was proving entirely too much. A power
10 injure and destroy — to relieve and to save the
tboiL«and banks of all the States and Territories
wi a power over the business and fortunes of
nearly all the people of those States and Terri-
tories : and might be used for evil as well as for
food ; and was a power entirely too large to be
trusted to any man, with a heart in his bosom —
or to any government, responsible to the people ;
jmuch less to a corporation without a soul, and
irresponsible to heaven or earth. This was a
jtiew of the case which the parties to the ques-
jtion had not foreseen ; but which was noted at
the time ; and which, in the progress of the gov-
mmcnt struggle with the bank, received exem-
ilifications which will be remembered by the
Mration of that day while memory lasts;
id afterwards kuown as long as history has
wer to transmit to posterity the knowledge
if national ra'.amities.

C H A P T K R L .

REMOVALS FROM OFriCE.

liM led to give a particular examination of
shead, from the great error into which Tocque-
lle has fallen in relation to it, and which he has
fopigated throughout Europe to the prejudice of
[publican government; and also, because the
Iwer itself is not generally understood among

ourselves as laid down by Mr. JiftVrson ; nnd
has been sometimes abuse<l, and by each party,
but never to the degree fiiip|)o<;i<l by Mons. do
Tocqueville. lie says, in his chapter H on Amer-
ican democracy ; " Mr. Quincy Adams, on his
entry into oftico, discharged the majority of the
individuals who had been appointed by his pre-
decessor ; and I am not aware that General
Jackson allowed a single removable functionary
employed in the public service to retain his place
beyond the first year which succee«ltd his elec-
tion." Of course, all these imputed sweeping re-
movals were intended to be understood to have
been made on account of party politics — for dif-
ference of politicol opinion — and not for miscon-
duct, or unfitness for olllce. To these classes of
removal (unfitness and misconduct), there could
be no objection : on the contrary, it would have
been misconduct in the President not to have re-
moved in such coses. Of political removals, for
difference of opinion, then, it only ' umains to
speak ; and of those officials oppointed by his
predecessor, it is probable that Mr. Adams did
not remove one for political cause ; and that M.
de Tocqueville, with respect to him, is wrong to
the whole amount of his assertion.

I was a close observer of Mr. Adams's admin-
istration, and belonged to the opposition, which
was then keen and powerful, and permitted no-
thing to escape which could be rightfully (some-
times wrongfully) employed against him ; y.i •
never beard of this accusation, a:id have toj
knowledge or recollection at this time of a sin-
gle instance on which it could be founded. Mr.
Adams's administration was not u case, in fact, in
which such removals — for diflerence : r.olitical
opinion — could occur. They only take place
when the presidential election is a ro.olution of
parties; and that was not the case wlien Mr.
Adams succeeded Mr. Monroe, lie b' iunged to
the Monroe administration, hud occupied the
first place in the cabinet during its wliole double
term of ei;,'ht years ; and of course, stood in con-
currence with, and not in opposition to, Mr. Mon-
roe's appointments. Besides, party linos were
confused, and nearly obliterated at that time. It
was called " the era of good feeling." Mr. Ad-
ams was himself an illustration of that feeling.
lie had been of the federal party — brought ear-
ly into public life as such — a minister abroad imd
a senator at home as such ; but having divided
from his party in giving support to several proDa-

t '•:

tfl

160

THIRTY YKAIiS' VIKW.

incnt measures of Mr. .Ic'frersoii'HwIiniiiiwtration. j
lie was iiftci V, nnis suvernl tiiiu-H nominated ))y
Mr. Madi.'-oii iw minister abroad ; and on the |
election of Mr. Monroe ho was invited from I
I/>ndon lo III' i!i!i'Ie his Secretary of State — where
lie remaine<l till his own election to the Presiden-
cy. There was, then, no ca.so iircscnted to him
f')i' political removals ; and in fact none .such
were made hy him ; so that the accusation of M.
deTocquevale.so faras it applied to Mr. Adams, is
wholly erroneous, and inexcusably careless.

With re«ite''. o Gencial Jackson, it i.s about
equally so in the main a.?.scrtion — tlic assertion
that he diil T' illow a yin^h removable func-
tionary to rcii);u:i in office 'ley.md the lirst year
after his election. On the t-ontrary, there were
entire classes — :'1I those who.sc functions partook
of the judicial — which he never touched. Boa-ds
of commissioners for adjudicating land titles;
commissioners for adjudicating claims under
indemnity treaties; judges of the territorial
courts ; ju>tices of the District of Columbia ;
none of these wer3 touched, either in the first or
in any subsequent ^'ear of his administration,
except a solitary judge in one of the territories ;
and he not for political cause, but on specific
complaint, and after taking the written and re-
sponsible opinion of the then Attorney General,
!Mr. Grundy. Of tlie seventeen diplomatic func-
tionaries abroad, only four (three ministers and
one charge dos afiaires) were recalled in the first
year of his administration. In the departments
at Washington, a majority of the incumbents re-
mained opposed to him during his administration.
Of the near eight thousand aeputy postmasters
in the United States, precisely four hundred and
ninety-one vveti' rouioved in the time mentioned
oy Wons, de Tocquevillc, and they for all causes
— for every variety of cau.ses. Of the whole
number of rcmovuMe olficials, amounting to
many thousands, the totality of removals was
about six hundred and ninety and they for all
causes. Thus the government archives contra-
dict Mons. de Tocquevillc, and vindicate General
Jackson's administration from the /eproach cast
upon it. Yet he camo into oflice under circum-
stances well calculated to cicitc him to make re-
movals. In the first place, none of his politicil
friend.s, though constituting a grc.it majority of
the people of the United States, had been ap-
pointed to odico daring the preceding admniistra-
tion ; and such an exclusion could not be justified

on ony consideration, llis election was, in mij,
degree, a revolution of parties, or rather a ro-t-surv
lishment of parties on the old line of federal ani
democratic. It was a change of administration
in which a change of government functionari-
to some extent, Inicamc a right and a duty ; l,.;;
still the removals actually made, when politic»i,
were not merely for ojiinions, but for condiK;
under these opinions ; and, unhappily, there was
conduct enough in too many officials to justify
their removal. A large proportion of them, in-
eluding all the new appointments, were inimical
to General Jackson, and divided against him on i
the re-establishment of the old party lines; am!
many of them actively. Mr. Clay, holding tk
first place in Mr. Ad;>,nis's cabinet, took the field
against him, travelled into dilferent States, de
claimed against him at public meetings ; and de
precated his election as the greatest of caiim-
ities. The subordinates of the government, to a I
great degree, followed his example, if not in |
public speeches, at least in public talk and news-
paper articles ; and it was notorious that tlicse I
subordinatey were active in the presidental cIk-
tion. It was a great error in them. It cIudi--
ed iheir position. By their position all admin- 1
istrations were the same to them. Their duties
were ministerial, and the siimo under all Presi-
dents. They were noncombatant.-J. By cngsj-
ing in the election they became combatant, and
subjected themselves to the law of victory and
defeat — reward and promotion in one case, loss I
of place in the other. General Jackson, tlita I
on his accession to the Presidency, was in a new I
situation with rcspeci; to parties, diflcrent from |
that of any President !.'incc the time of .Mr. .It
ferson, whom ho took for his model, and fliio~! I
rule he followed. He made many removals, ani I
for cause, but not so many as not to leave a rna-f
jority in office against him — even in the cxcca-|
tive departments in Was^iiugtoii City.

Mr. Jefferson had early and anxiou:sly iUvMl
i,he question of removals. He was IIt, li."!!|
President that had occasion to make then?, and j
with him the occasion was urgent. His ekctiojl
'VMS a complete revolution of parties, and wiitil
elected, he found himself to be a!ino.<t the only j
man of his party in office. The democracy bi I
been totally excluded from federal aj)poimiaiT.tl
during the administration of his prcdcci s-or ; al-
most all offices were in the hands of his [I'jli*
cal foes. I recollect to have heard ai) ollitoi .

ANNO 1800. ANDnEW JArKSOV. l'nr>II)i;NT.

101

the tnny say that thoro was but one Hclil officer
a the MTvico favorable to him. This wha the
irrieof tlie civil service. .Justice to hiiiisolf and
lii prty requin-'l this state of thiiij's to bo nl-
urwl ; requiri'il his friends to '.lave a share pro-
rmrtionate to their numbers in the distribution of
orticc ; and rofiuiretl him to have tlie assistance
of his friends in the aihninistration of the govern-
ment. Till; four years' limitation law — the law
vjiich now vacates within tlie c^-clo of every
niv.sidcntial term the great ma.ss of the offices
— (vas not tlicn in force, llesignations then, as
now. were few. Removals were indispensable,
and the only question was the principle upon
nhich they should be made. Thi.s question,
Mr. Jefferson studied anxiously, and under all
I \u aspects of principle and policy, of national
and of party duty j and upon consultation with
I his friends, settled it to his and their .satisfaction.
The fundamental principle was, that each party
was to have a .share in the ministerial offices,
I the control of each branch of the service being
I in the hands of the administration ; that removals
I wore only to be made for cause ; and, of course,
[that there should be inquiry into the truth of
limputed delinquencies. "Official misconduct,"
•• personal misconduct," "negligence," "inca-
|p.icity," "inherent vice in the appointment,"
•partisan electioneering beyond the fair exercise
lof the elective franchise ; " and where " the heads
lof some branches of the service were politically
lopposed to his administration " — these, with Mr.
iJetfers^n, constituted the law of removals, and
iras so written down by him immediately after
Biis inauguration. Thus, March 7th, 1801 — only
Ifour days after his induction into office — he
trrote to Jlr. Monroe;

"Some removals, I know, must be made.
Jhoy must be as few as possible, done gradual-
ly, and bottomed on some malversation, or in-
Itrent di.^qiuilitication. Where we should draw
Ihf line bi'twoen retaining all and none, is not
lit settled, and will not be until wc got our ad-
iiimstration together ; and, perhaps, even then
Ire shall proceed I'l iulniis, balancing our measures
Iceording to the impression we perceive them to
take."

On the 23d of March, 1801, being still in the
|rst month of his administration, Mr. Jefferson
otc thus to Gov. Giles, of Virginia :

Good men. to whom there is no objection but

ii'lfTercncc of [loliticU opinion, practised on only

as the n;aht of a private citizen will justi-

VOI. I.— 11

f^v, are not proper subjerts of removal, except in
• 'i.' cn.<t' i>f ait.orney-- and inar>hul,' . The rourts
being so decidedly f'ediTul und irriiiiovabli', it is
believed that reiml)lic.ui attorneys and ni;ii>hals,
being the doors of entrance into the courts, are
indis])ensably neres>:avy as a shield to the repub-
lican jiait of o-ir fellow -citizens ; which, 1 believ,',
is the main Ijody of the people. "

Six days after, he wrote to Elbridgo flerry,
afterwards Vice-President, thus:

'".Mr. Adams's last appointments, when he knew
he was appointing counsellors and uids for me. not
for him.self, I .set iiside as last as dej)ends on me.
Officers who have boi.:-. guilty of gross abuse of
office, such as marshals packiiig juii s, Ac, I
.shall now remove, as my j)redecessors ought in
justice to have done. The instances "vill be few.
and governed by strict rule, and not party pas-
sion. The right of opinion shall suH'er no invn-
sion from inc. Those who have acted well have
nothing to fear, however they may have differed
from me in opinion: those who have done ill,
however, have nothing to hope; no/- shall 1 fail
to do justice, lest it should be a.'cribed to that,
difference of opinion. "

To Mr. Lincoln, his Attorney-General, still
writing in the first year of his adm'nistration, he
says:

" I still think our original ider. as to office is
best; that is, to depend, for obtaii iiiga just par-
ticipation, on deaths, resignations and deliiu|uen-
cies. This will least affect the tranquillity of the
people, and prevent their giving into the sugges-
tion of our enemies — that oui-s has been a contest
for office, not for principle. This is rather a slow
operation, but it is .sure, if we jmrsue it steadily,
which, however, has not been done with the un-
deviating resolution I could have wished. To
these means of obtaining a just share in the
transaction of the public business, shall be added
one more, to wit, removal for electioneering ac-
tivity, or open and industrious opposition to tlie
principles of the present govemment, legislative
and executive. Every officer of the government
may vote at elections according to his conscience ;
but we should betray the cau.se committed to our
care, were we to permit the influence of official
patronage to be used to overthrov. that cau.se.
Your present situation will enable you to judge
of prominent offenders in your State in the ca.se
of the present election. I pray you to .seek them,
to mark them, to be quite sure of your ground,
that we may commit no errors or wrongs ; and
leave the rest to me. I have been iirptd to remove-
Mr. A\'liittemorc, the surveyor of (iloucx'ster, on
grounds of neglect of duty and industrious opjK)-
sition ; yet no facts are so distinctly charged as
to make the step sure which we should lake in
this. Will you take the trouble to satisfy your-
self on the point?"

This was the law of removais as laid down by

1G2

THIRTY YEAIIS* VIEW.

Mr. JefTurson, and firnrtiscd upon In- him, but
not to the cxtftit tlmt lii.^ jirinriiilc ri'fuiiifd, or
tliat public outcry in'Iicutcd. He told inc him-
self, not loiiR before his death (Christmas, 1824),
that he liad never done justice to liis own party
— had never given them the share of odice to
wliich tlicrc numbers entitled them — had failed
to remove man}' Mho deserved it. but who
B'ere si)are<l tlirouuli the intercession of friends
and concern for their distressed famiHcs. Gene-
ral Jackson acted upon the rule of Mr. Jeflbrson,
l)iit no doubt wa.s often misled into departures
from the rule; but never to the extent of givinj?
to the party mcr.; tliua their due proportion of
oflRco, according to their numbers. Great clar
inor was raised .■•a'r'st him, and the number of
80-caller! " i tmo', ,di " was swelled by an abuse
of the U" every case being proclaimed a "re-
moval, ' re lio refused to reappoint an cx-
incumbcut whose term had expired under the
four years' limit act. Far from universal

removals for ojyuiion's sake. General Jackson, as
I have already said, left the majority of his op-
ponents in oflBce, and re-appointed many such
whose terms had expired, and who had approved
themselves faithful offiters.

Having vindicated General Jackson and 3tr.
Adams from the reproach of Monr^. do Tocque-
ville, and having shown that it was neither a
principle nor a practice of the Jefferson school
to remove officers for political ojjinions, I now
feel bound to make the declaration, that the doc-
trine of that school has been too much departed
from of late, and by both jjarties, and to the great
ietriment of the right and proper working of the
government.

The practice of removals for opinion's sake is
becoming too common, and is reducing our pre-
sidcntia! elections to what Mr. Jefferson depre-
cated, " a contest of office instead of principle, "
and converting the victories of each party, so far
as office is concerned, into the political extermi-
nation of the other ; as it was in Great Britain
between the whigs and tories in the bitter con-
tests of one hundred years ago, and when the
victor made a " clean sweep " of the vanquished,
leaving not a wreck behind. Mr. JIacaulay thus
describes one of those " sweepings: "

" A persecution, such as had never been known
fooforc, and 1ms never been known since, raged in
every public department. Great numbers of
iimible and laborious clerks were deprived of

their l)road, not iKJcause they had neglected tUir
duties, not because they ha<l taken an active i«rt
against the ministry, 'but merely Ixrauso t' •
had
man

owed they situations to some (\\\t\p) r^nUl-
who was against the peace. J'ho pra<irnri.
tion extcmied to tidewaiUirs, to doorkifptrs
One poor man, to whom a pension h.id lH;tnmon
for his gallantry in a fight with snni^'^rkrs. wis
deprived of it because he had been befi iondc'd t,v
the (whig) Duke of Grafton. An a;:ed widow
who, on account of her husband's services in the
navy, had, many years before, been made liou^.
keeiH-T in a i)ubIio oifice, was dismissed from her
situation because she was distantly conncctcij
by marriage with the (whig) Cavendish fumijj-,"

This, to be sure, was a tory proscription of
whigs, and therefore the less recommendable u
an example to either party in the Ignited States
but too much followed by bo*h— to the injurv
of individuals, the damage of the public scrviev^
the corruption of elections, and the degradatic.i
of government. De Tocqueville quotes removalj \
as a reproach to our government, and althuu"ii I
untrue to the extent he representc(i, the evil jiu
become worse since, and is true to a siifficient
extent to demand reform. The remedy is fomij
in Mr. Jefferson's rule, and in the four years'
limitation act which has since been passed; and I
under which, with removals for cause, and some
deaths, and a few resignations, an ample field
would be found for new appointments, without
the harshness of general and sweeping rcmoiak

I consider " sweeping" removals, as now prac-
tised by both parties, a great political evil incur
country, injurious to individuals, to the public
service, to the purity of elections, and to tlie I
harmony and union of the people. Certainly,
no individual has a right to an office : no one |
has an estate or property in a public cmploj.
ment ; but when a mere ministerial worker in a |
subordinate station has learned its duties by ex-
perience, and approved his fidelity by his con- 1
duct, it is an injury < the public scr^•ic'toeJ■(
change him for a novice, whose only title to t
place may be a political badge or a partisjnl
service. It is exchanging experience for inexpt-l
riencc, tried ability for untried, and destrojin?!
incentive to good conduct by destroying its n-l
ward. To the party displaced it is an iiijuir,]
having become a proficient in that business, ei-
peeling to remain in it during good behavior, aBJl
finding it difficult, at an advanced ago, and mthl
fixed habits, to begin a new career in some newl
walk of life. It converts elections into scmrl

V,^ fnr offlco, and «
:?. odlcc for rewari
■.,.ki the [icoplc of
rarties — each in its I
nant, to strip and pi
Oiir government
cnitcd people, as we
for benefits as well t
If well as in oompac
one half (each in it
from all share in the
I imment. Mr. Jeffe
snil reconciled public
[ [virty rights and duti
r(?pon.sible for the w
ment, and has a right
I it-elf, to place its frie
lercnt branches of t
I iliat, and in the subor
I p,irty should have its
I this Mr. Jefferson's p
lis tliere are offices i
I [iro'eription, so there i
1 national for it. This
I the army and navy, ai
IdKd in the diplomat
J he again. To foreign
I be one people — an um
I pee as well as in w
'iple reached this cas
I His election was not i
Irccallofall the minist
I incontinently by parti
Ifiis Kinn-, the most em
Iters abroad, and at tl
I Europe, that of St. Ja
jfor two years after th
llMi; and until he :
ItrcEtcd all the while w
Janet intrusted with a i
jducted to its conclusio
ivjliey, eschewing all
tei'teJ the office of "
ply republican polic;
knt representation at
Foycxtraordinaryand
illed out on an emerg
«)mc M soon as the
e only minister known
len tiie mission was ii
loseu of both parties
pwi. Tbc present pe

AXNO 1830. ANDREW JAriv-^OV. rUESIIiENT.

1C3

K],^ for oflfli*, and doprndes the povcmmcnt Into
•n oiTicc for rcwanla and punishments ; and di-
, .Ics the jicople of the Union into two a<lvcrse
j^cjpj) — I'ach in its tuni, and as it tjecomes dom-
nant, to strip and proscribe the other.

Our government is a Union. "We want a
united peopk, as well as nnited States — vinitcd
for benefits as well as for burdens, and in feeling
ts well as in compact ; and this cannot bo while
me half (each in Its turn) excludes the other
from all share in the administration of tho gov-
(rnment, Mr. Jefferson's principle is perfect,
j.ml reconciled public and private interest with
narty riphts and duties. Tlie party in power is
rf^ponsible for the well-working of the govern-
ment, and has a right, and is bound by duty to
it^ulf, to place its friends at the head of the dif-
iVrcnt branches of tho public service. After
1 iiiat. and in the subordinate places, tho opposite
party should have its share of employment ; and
this Mr, Jefferson's principle gives to it. But
Iss there are offices too subordinate for party
proscription, so there are others too elevated and
national for it. This is now acknowledged in
the army and navy, and formerly was acknow-
I M^kI in the diplomatic department ; and should
he again. To foreign nations we should, at least,
I k one people — an undivided people, and that in
Ipceaswell as in war. Mr. Jefferson's prin-
ciple reached this case, and ho acted upon it.
I His election was not a signal gim, fired for the
Irccail of all the ministers abroad, to be succeeded
lineontincntly by partisans of its own. Mr. Ru-
Ifiis Kin<r, the most eminent of the federal minis-
Ittrs abroad, and at tho most eminent court of
lEiirope, that of St. James, remained at his post
Ifor two years after the revolution of parties in
llfiOO; and until he requested his own recall,
Itrettcd all the while with respect and confidence,
land intrusted with a negotiation which he con-
Iducted to its conclusion. Our early diplomatic
mHcv, eschewing all foreign entanglement, re-
IjRtel the office of "minister resident." That
ply republican policy would have no perma-
pnt representation at foreign courts. The " en-
Foycxtnxoidiuaryand minister plenipotentiary,"

illed out on an emergent occasion, and to return
tomi as soon as the emergency was over, was

e oaly minister known to our early history ; and

en the missiou was usually a mixed one, com-
loseu of both parties. And so it should be
fcuiu. The present permanent supply and per-

petual succession of "envoys extraordinary and
ministers pk-niiwtcntiary " \* .1 fraud ujKin the
name, and a briwh of the old |K)li<y of the gov
ernmcnt, and a hitching on American diplomacy
to the tail of tho diplomnry of Kiirope. It is the
actual keeping up of '■ ministers resident" under
a false name, and contrary to a wise and venor
able policy ; and requires the reform hand of
tho House of Representatives. But this point
will require a chapter of its own, and its elucida-
tion must be n Ijourned to another and a separate
place.

Mons. de Tocqucville was right in the princi-
ple of his reproach, wrong in the extent of his
application, but would have been less wrong if
he had written of events a dozen years later. I
deprecate the cflect of such sweeping removals
at each revolution of parties, and believe It is
having a deplorable effect both upon the purity
of elections and the distribution of office, and
taking both out of the hands of tho people, and
throwing tho management of ono and the en-
joyment of the other into most unfit hands. I
consider it as working a deleterious change in
tho goveniment, making it what Mr. Jefl'ersoii
feared : and being a di.sciple of his school, and
believing in the soundness and nationality of the
rule which he laid down, I deem it good to re-
call it solemnly to public recollection — for the
profit, and hope, of present and of future times

CHAPTER LI.

IXDIAN S0VEKE1GNTIK9 WITHIN THE STATES

A POLITICAL movement on the part of some 01
the southern tribes of Indians, brought up a new
question between the States and those Indiana,
which called for the interposition of the federal
government. Though still called Indians, their
primitive and equal government had lost its
form, and ha<l become an oligarchy, governed
chiefly by a few white men, called half-bree<ls,
because there was a tincture of Indian blood in
their veins. These, in some instances, sat up
governments within the States, and claimed sov-
ereignty and dominion w ithin their limits. Tho
States resisted this claim and extended their laws
] and jurisdiction over them. The federal goveri»»

ijfy

164

THIRTY YI:ARS' VIEW.

ini'iit was a|)j)L'iilt'd to ; nml at tlie coiiiinencc-
inont of tlie st-Hsioii of IH'U-'-'j*), in liiH first nn-
iiiml nu'ssatrc, Prt'sidfiit .Iticltson broiipht tlie
siilyect before the two Houses of Coiigifss,
tlius :

'"The condition and nitcrior destiny of tlie
hidiun trilK's witliin tlie limits of some of our
.States, Imvo become objects of much interest and
im])ortaiwc. Jt lias Ion;; been the |Jo]icy of jrov-
ernment to introduce nmonj? them the arts of
civilization, in the hojx! of frradually reclaiming
them from a waiiderinfj life. This jtolicy has,
however, been coupled with another, wholly in-
compatible with its success. Professing a de-
sire to civilize and settle them, we liave, at the
same time, lost no opportunity to purchase their
liuuls and thrust them further into the wilder-
ness. ]{y this means they have not only been
kept in a wandering state, Iiut been led to look
upon us as unjust, and indilfercnt to their fate.
Thus, though lavish in its cxiwnditures upon the
sulycct, government ha.s constantly defeated its
own policy, and the Indians, in general, reced-
ing further and further to the West, liave re-
tained their savage habits. A portion, however
o\' the Kouthem tribes, having mingled much
with the whites, and made some progress in the
arts of civilized life, have lately attempted to
ciect an independent government within the lim-
its of Georgia and Alabama. These States,
cliinning tn be the only sovereigns within their
territories, extended their laws over the Indians ;
which induced the latter to call ujwn the United
States for protection.

" Under these circumstances, the question pre-
sented was, whether the general government had
a right to f'Ustain those people in their preten-
sions? The constitution declares, that "no
new States shall be formed or erected within the
jurisdiction of any other State," without the
consent of its legislature. If the genei'al gov-
ernment is not permitted to tolerate the erection
of a confederate State within the territory of
one of the members of this Union, against her
consent, much less could it allow a foreign and
independent government to establish itself there.
Georgia became a member of the confederacy
which eventuated in our federal union, as a sov-
ereign State, always asserting her claim to cer-
t.iin limits ; which, having been oi-iginally de-
fined in her colonial charter, and subsequently
reeognized in the treaty of pence, she has ever
since continued to enjoy, except lis they have
been circumscribed by her own voluntary trans-
fiT of a portion of her territory to the United
Stated, in the articles of cession of 1802. Ala-
bama was admitted into the Union on the same
footing with the original States, with bounda-
ries which were prescribed by Congre.ss. There
is no constitutional, conventional, or legal pro-
vision, which allows them less power over the
Indians within their borders, than is jjossesstd
bj^ Maine or New-York. Would the peoplo of

Maine permit the Penobscot tribe to crcrt xt
independent government within their ^u;,.;
and, unless they did, would it not U- the .li,;,
of the general government to siijjport tli<m m
resisting such a moa.su re 7 Woulil the |k'()[,1(.(.|
New- York fiermit each remnant of the .Six .N|^
tions within her Ijorders, to declare it.>elf an n,.
dependent jieople, under the protection of n,,
United States ? Could the Indians esiahiiln
.■sepnrato republic on each of their reserviiti.,!,,
in Ohio ? And if they were so disjwsed, \voii|,|
it be the duty of this government to iprntii;
them in the attempt? If the principle invuhi,!
in the obvious »nswcr to these (|uesti(iii., |.!
abandoned, it will follow that the objects ol' t! i,
government are reversed ; and that it hius In-
come a part of its duty to aid in destioyinj; i|,,.
States which it was established to protect,

" Actuated by this view of the .subject, 1 i;;.
formed the Indians inhabiiing parts oi' (icoi;!;,
and Alabama, that their attempt to estabiivh m;
independent government would not be eoiuiii. |
nanced by the Executive of the United .Stino
and advised them to emigrate beyond the Mis,;,. I
sippi, or submit to the laws of tho.se States."

Having thus refused to t;'; jtain these soutinni i
tribes in their attempt to set up indepciideni
governments within the States of Alabama ai. ;
Georgia, and foreseeing an unequal and disasne- 1
able contest between the Indians and the Statu-.
the President recommended the passage of an l
act to enable him to provide for their removal lo
the west of the Mississippi. It was an old juji. I
I cy, but party spirit now took hold of it, an i |
I strenuously resisted the passage of the act,
j was one of the clo.sest, and most earnestly con- 1
I tested questions of the session; and finally car- [
j ricd by an inconsiderable majority. The sumoi' I
$.500,000 was api-opriatod to defray the expen-
, ses of treating with them for an exchange, or sale I
I of territory ; and under this act, and with tli; I
I ample means which it placed at the disjiosal ci [
i the President, the removals were eventually if
I fected ; but with great difficulty, chiefly on nc
count of a foreign, or outside influence frompoM
! iticians and intrusive philanthropists. Giorail
was the State where this question took its nioiij
I serious form. The legislature of the State laiJ
; off the Cherokee country into counties. andpR'-l
j pared to exercise her laws within them. Tlisj
I Indiau.s, besides resisting through their ]>oliticil|
I friends in Congress, took counsel and lepalail'|
I vice, with a view to get the question into the Saf
prctno Court of the United States. Jlr. Wirt,!
the late Attorney General of the United Standi
I was retained in their cause* and addressed!! com [

■h:ilf breed,s." or

ANNO IPSO. ANPIIKW JACKSON. rRESlDF.NT.

Ifij

junimtion to tho fSovcrnor of tho Stato, np- '
iriiiini? '>'ni of the fiiot ; iitnl j)ro|M>siiii that i\n
■■airrwl case" fihoiild Ik- niiide up fur the dcois-
„,[, of thu court, (lov. (lilnicr 'Iccliiiwl this,
ppiiiosjil. un'i in his anHwcr pavo as the reason
«iiv the State had taken the derith'd step of ex-
toniiinfr herjurisdiction, that the Cherokee trine
1,1(1 1)000010 merged in its maiiapinient in tho ;
•half hrceds." or descendants of white men, '
niio pos«e8se<l wealth and intelliponcc, and act- '
iii:.'unilor political and fanatical instipationsfroni
wiiiioiit, were disposed to jwriH^tuate their resi- !
(1 nee within tho State, — (the part of them still \
rcinaininp and refusing to join their half tribe
Uvond the Mississippi). The povcmor said :
-Soloni^ as the Chcrokees retained their primi-
tive habits, no disposition was shown by the
St.ites under tlio protection of whose povern-
mcnt they resided, to make them subject to their
laws. Such policy would have been cruel ; bc-
Mii>c it would have interfered with their habits
■ nf life, the enjoyments peculiar to Indian people,
and the kind of government which accorded
with those habits and enjoyments. It was the
power of tho whites, und of their children
»mnng the Chcrokees, that destroyed the ancient
laws, customs and authority of the tribe, and
suhjccted tho nation to the rule of that most op-
pressive of governments — an oligarchy. There
is nothing surprising in this result. From the
oliaracter of the people, and the causes operating
upon them, it could not h.avo been otherwise. It
was this state of things that rendered it obliga-
tory upon Georgia to vindicate the rights of her
I sovereignty by abolishing all Cherokee govern-
ment within its limits. Whether of the intelli-
I gent, or ignorant class, tho State of Georgia has
passed no laws violative of the liberty, personal
security, or private property of any Indian. It
lias been the object of humanitj', and wisdom,
I to separate the two classes (the ignorant, and the i
informed Indians) among them, giving the rights
I of citizenship to those who are capable of pcr-
[ forming its duties and properly estimating its
I privileges ; and increasing the enjoyment and the
I probability of future improvement to the ignor-
[»nt and idle, by removing them to a situation
I where the inducements to action will be more in
I accordance with tho character of the Cherokee
I people."

With respect to tho foreign interference with
Itliis question, by politicians of other States and

pseudo philanthropists, tho only pfloct nf which
was to bring u|Minsul>;dti'rii np-ntNth<<pMnixhmi>nt
which the laws iiillictril u|)on its vIolMii.r^ liio
governor said ; " It is well known that the tx-
tcnt of the jiirisdi(!lion of tieorgia, ami the pol-
icy nf removing the Cherokies and other Indiuis
to tin- west of thv' Mrssissip[ii. have be<'onii' party
questions. It is belnvod that tho Cherokcis in
(ioorgia. hod detennined to iniite with that jwir-
tion of the trilK; who had removed to the west of
the .Mississippi, if tho policy of tho President
was sustained by Congress. To prevent this re-
sult, as soon as it l>ecaino highly probable that
tho Indian bill woidd pass, the Chcrokees wire
j)ersiia<U'd that the right of self-governmeiit could
bo secured to them by the power of the Supremo
Court of the United States, in dellance of the leg-
islation of tho general and Stato governments.
It was not known, however, until the receipt of
your letter, that the spirit of resistance to the
laws of the State, and views of the United States,
which has of lato been evident among the Indi-
ans, had in any manner iKwn occasioned by yotir
advice." Mr. Wirt had been professionally em-
ployed by tho Cherokces to bring their case be-
fore the Supreme Court ; but as he classed polit-
ically with the party, which took sides with the
Indians against Georgia, the governor was tho
less ceremonious, or reserved in his reply to him.
Judge Clayton, in whose circuit tho Indinn
counties fell, at his first charge to the grand jui y
assured tho Indians of protection, warned the in-
termeddlers of the mischief they were •w o s c do-
ing, and of the inutility of applying to the Su-
preme Court. He said: "My other purpose is
to apprise the Indians that they are not to be oppres-
sed, as has been .sagely foretold : that the sani)
justice which will be meted to the citizen shall be
meted to them." With respect to intermeddlers
ho said : " Meetings have been held in all direc-
tions, to express opinions on tho conduct of
Georgia, and Georgia alone — when her adjoining
sister States had lately done precisely the same
thing; and which she and they had done, in
the rightful exercise of their Stato sovereignty."
The judge even showed that one of these intru-
.sive philanthropists had endeavored to interest
European sympathy, in behalf of the Cherokees;
and quoted from the address of the reverend Mr.
Milner, of New- York, to the Foreign Missionary
Society in London : "That if the cause of tho
negroes in tho West Indias was interebting to

I .1

'' -C

-' •?

' V -■

166

TIWUTV Yr.Mia- VIEW.

that uiiditnry — and dci'iily inlvruMtiti;; it oiiplit
to be— if the iioimlation in Ireland, proaninp lio-
m-ath tho dcKrndation of siiiMT^itition — cxcitri'
tliL'ir HynipathivH. he trii: ted the loiimns of Norlli
Anicrica would also ho ('onKiilere<l im tlic uhjirts
of their C'hri.stiiin rc-jiird. lie wo-s grieved, how-
ever, to stale that thciu were those iu Aniericii.
who tuiUid towards them in aditlerent spirit ; und
he lanteiiled to my that, nt this very moment, the
Stiito of {»e()rj;in wiw serkin;? to Kuhjiigatu und
destroy tho liberties both of the Creeks and tho
ClicrokceH; the former of whom |)o.sses>ied in
(ieorgia, ten millions of acres of land, and the
latter three millions." In this manner EurojHjan
Nympatliies were .soujiht to lio brouglit to Ijear
npon tlio question of removal of the Indinns — a
Iioliti<;al and domestic (lucstion, long since resolv-
ed upon by wise and humano American states-
men — and for tho benefit of tlie Indians them-
«elve.s, as well as of tho States in wliich they
wero. If all that the reverend missionary utter-
cii had been true, it would still have been a very
improjicr invocation of European sympathies in
an .Vmerican domr.itic (juestion, and against a set-
tled govermnental policy: but it was not true.
The Creeks, with tlieir imputed ten millions of
acres, owned not one acre in tho State ; n.al lnui
not in tivo years — not since tho treaty r! ci-ssi-ri
in 1825: which shows the recklos',:. ss wnlt
which tho reverend suppliant 'or for •;» syrnj>a-
tliy, spoke of the people and States of liis o,vn
country. Tho few Cherokees who were there,
instead of subjugation and destruction of their
liberties, wore to bo paid a high price for their
Ian 1, if they chose to join their tribe beyond the
Mississippi ; and if not, they were to be protect-
ed like the white inhabitants of tho counties they
lived in. AVith respect to the Supreme Court,
the judge declared that he should pa}' no atten-
tion to its mandate — holding no writ of error to
lio from the Supreme Court of the United States
to his State Court — but would execute the sen-
tence of the law. whatever it might be, in defiance
of the Supremo Court ; and such was tlie fact.
Instigated by foreign interference, and relying
upon its protection, gno George Tassels, of In-
dian descent, committed a homicide in resisting
the laws of Georgia — was tried for murder -con-
victed — condemned — and sentenced to be hanged
un a given day. A writ of error, to bring the case
before itself, was obtained from the Supreme Court

of tho l'nite«ISlute.s; »n<l it »»m projioKii i,vt|,
rounsel, .Mr. Wirt, to fry tho wiiole quexlion ol
the rijrht cf (ieortii.'i. tn exercise juri.Miirtionov(r
i|>o Indians oihI Indian cuinitry Hillun hrr <'><j.
its, by thu trial of tliiH writ of error at Vmj,.
ington ; and for that purpose, and to i-avc ■,,.„..
I dious fiirni - nf judicial priM'eediii):\s, lie re(]ii(.>t,j
tho governor to eoiisent to make up an "iiu-iii j
case" for Iho consideration and deciNJon oi 11,^
high court. This iiro|K>siti<>n (iovernor (iilnur
declined, in firm but civil terms, Kayin;;;: "Yunr
supgcstion that it would bo convenient ami sin.
isfuctory if your-df, the Indians, ond thu pn.
ernor would make up a law case to be siilni.i;.
ted to the Supremo Court for the deterniiiiiitidii
of tho question, whether the legislature of (Jt.r.
gia has competent authority to pass laws fortl.c
government of the Indians residing within is
limits, however courteous the manner, and conci, ,•
tory tho pKia.seology, cannot but bo considerwia*
exceedingly disres|K>ctfnl to the government of ij .
State. Is'oone knows better than yourself, tl.at
tho governor would grossly violate hi.s duty, an'l
exceed his authority, by complying with mkIi h
suggestion ; and that both the letter and tin- -jai;
of tho powers confenx'd by the constitution ii[xiii
the Supreme Court forbid its ac^judging siidi »
case. It is hoped that the cflorts of the pvm-n,
government tu i;xecute its contract with Georgia
(the compact of 1S02), to secure thccontiniiain
and advance tho happiness of the Indian tril t-,
and to give quiet to tho country, may be .^ ;•
fectually successful as to prevent the neces.sity of
any further intercourse uix)n the subjei'." Ami
there was no further intercourse. The day lor j
tho execution of Tassels came round: hu was
hanged : and the writ of the Supreme Court \va<
no more heard of. Tho remaining Cherokees .if-
terwards niado their treaty, and removed to the
west of the Mississippi ; and that was the ciulcf
tho political, and intrusive philanthropical iiittr- 1
ference in tho domestic policy of Georgia. Ow
Indian hanged, some mi.ssionaries imprisoned, iIk |
writ of the Supreme Court disregarded, the In-
dians removed: and the political and psemli-
philanthropic intermeddlers left to the reflect r,
of having done much mischief in assuming to I
become the defenders and guardiims of a race
which the humanity of our laws and people wiri
treating with parental kindness

VKFO ON TlIK M.i

hViTir tho quarrels of p
Ino concern, except as thej
-lift, and influence public
liiia as the causo of such

ANNO 1831 AXDUKW JACK«M)N, nu>II»i:.NT.

1C7

OIIATTEK LI I.

VKTi) ON TIIK MAVSVILLK KOAt) UILL

liiii wiin the ihiril veto on the Miliject of fLMkral
iiumal iiii|irovonienls within the States, and by
jiri'c ilill'iTi-nt Trcsiilents. Tlieflr> van by Mr.
;|;iili>oii, on the bill " to set ajiart, and jiledjiie
,-riain tuiiils for constructiiij; 'mils and canal.^,
iiA iiniirovinR the navigation of watercourses,
nonkr to facilituli', iiromotc, ami give security
to intiTiial commerce amtngthe several S latcH :
liid to render more easy and less expensive the
mvaiH and provisions of the common 'ifence " —
a viry lonp title, and even argumentative — as if
ifraid of thi. President's veto — which it received
111 a mes^ngo with the reasons for disapproving
it. The second was that of Mr. Monroe on the
nimt)crland Iload bill, whioh, with an abstract
„i' liis reasons and arguments, has already been
given in this View. This third veto on the same
I suljoct. and from President Jackson, and at a
lime when internal improvement by the federal
j jovcmment had become a point of party division,
Linda part if the American system, and when
I concerted action on the puVlic mind had created
f/r it a degree of popularity : this third veto un-
der such circumstances was a killing blow to the
-ystom — which has shown but little, and only
wasional vitality since. Taken together, the
three vetoes, and the three messages sustaining
them, and tlv action of Congress upon them (for
I is ■ • instance did the House in which they origi-
I catal pass the bills, or either of them, in opposi-
tion to the vetoes), may bo considered as embra-
|ciig all the constitutional reasoning upon the
estion ; and enough to be studied by any one
I wiio wishes to make himself master of the sub-
ject.

CHAPTER LIII.

iBCrTaiiE BETWEEN PRESIDENT JACKSON, AND
VICE-PKESIDENT CALHOUN.

I With the quarrels of public men history has
jno concern, except as they enter into public con-
Iduet, and influence public events. In such case,
linJ as the cause of such events, thcs(> quarrels

))elonf( to hiftnry, whi<-li would l>« an eni|ity UU*,
devoid of inten'xt or inKtructiiin, without iiie t]v
velopmi'nt of the ran»e>», and cm iiirni'«s nf
the acts which it iinrrafiH. I>ivi»n>n aninii^^
chiefs has always ln-^-u n cause of uii ^-liicf to tliiir
country; and when so, it is the duty of history
tu ithow it. That mischief points the moral of
much history, and has been made the subject of
the greatest of jjoenis :

" \r|i||Ii>V wralli, t" (irc<(K llio illr.fiil uprlng
of wixn unnmnlnrdl "

.About the bcgiiiiung of ' the yea*

1H31, a pamphlet ap|>eai id ''ity.

issued by Mr. Calhoun, an !id<' u the
people . f the I'nited States, t :• -,• cause

of a dilference which had taken place l>ctween
himself and (ieneral Jackson, instigated as the
pamphlet alleged by Mr. Van liuren, and in-
tended to make mischief between the first and sec-
ond ofllcers of the government, and to etliet the
political destruction of him.self (Mr. (.'alhoun) for
the benefit of the contriver of the quarrel — the
then Secretary • f State ; and indicated as a candi-
date for the presidential succession upon the termi-
nation of General Jackson's service. It was tlio
same pamphlet of which Mr. Duncanson. as here-
tofore related, had received previous notice from
Ml IJufl' Green, as being in print in his ofljco,
but the publication delayed for the matiiiiiig of
the measures which were to attend its ippcar-
anee ; namely: the change in the cours of the
Telegraph; its attacks upon General Jackson
and Mr. Van Biiren ; the defence of Mr. Calhoun ;
and the chorus of the nfliliated presses, to be en-
gaged "in getting up the storm which even the
popularity of Genuiil Jackson could not stand."

The pamphlet was entitled, '• Correspondence
between General Andrew Jackson and John C.
Calhoun, President and Vice-President of the
United States, on the subject of the course of the
latter in the deliberations of the cabinet of Jlr.
Monroe on the occurrences of the Seminole war ;"
and its contents consisted of a prefatory address,
and a number of letters, chiefly from !Mr. Calhoun
himself, and his friends — the General's share of
the correspondence being a few brief notes lo
ascertain if Mr. Crawford's statement was true ■>
and, being informed that, substantially, it was,
to decline any further correspondence with Mr.
Calhoun, and to promise a full public reply when
he had the leisure fur the purpose and access to

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(716)S72-4S03

iG8

TIIIIITY YEARS' VIEW.

Iho prixifs. His words were : '• In your and Mr.
Crawford's dispute 1 have no interest wlmtever;
but it uia}' liecome necessary for nie hereafter,
wlicn I shall have more leisure, and the docu-
ments at hand, to place the suhject in its proper
lijrlit — 1«> notice the historical facts and refer-
ences in your communication — wliidi will give

u very different view to the subject

Understandinj; j-ou now, no further communi-
tation with you on this subject is necessary."
And none further appears from Gen-
eral Jackson.

But the general did what ho had intimated lie
would— drew up a sustained reply, showing the
suljject in a difl'crent light from that in which
Mr. Calhoun's letters had presented it ; and
((noting vouchers for all that lie said. The ca.se,
!is made out in the published pamplilet, stood
before the public as tliat of on intrigue on the
jiart of Mr. Van Buren to supplant a rival^f
which the President was the dupe — Mr. Calhoun
tlie victim — and the country the sufferer : and
the modur operandi of the intrigue wa.s, to dig
up the buried proceedings in Mr. Monroe's cabi-
net, in relation to a proposed court of inquiry on
the general (at the instance of Mr. Callioun),
for his alleged, unauthorized, and illegal opera-
tions in Florida during the Seminole war. It
was this case which the general felt himself
Iwund to confront — and did ; and in confronting
which he showed that Mr. Calhoun himself was
the sole cause of breaking their friendship ; and,
consequentlj', the solo cause of all the consc-
(juenccs which resulted from that breach. Up
to that time — up to the date of the discovery of
Mr. Calhoun's now admitted part in the proposed
measure of the court of inquiry — that gentleman
liad been the general's beau it/ea/ of a states-
man and a man — " the noblest work of God," as
he publicly expressed it in a toast: against
whom he would believe nothing, to whose friends
he gave an equal voice in the cabinet, whom he
nonsuited as if a member of his administration ;
!>ud whom he actually preferred for his successor.
Tliis reply to the pamplilet, entitled " An e.vpo-
ni I ion of Mr, Calhoun's course towards Gene-
ral Jackson,''^ though written above twenty
years ago, and intended for publication, has
never before been given to the public. Its pub-
lication becomes essential now. It belongs to a
dissension between chiefs which has disturbed
the haruiony, and loosened the foundations of the

Union ; and of which the view, on one aiik; wm
published in pamphlet at the time, rcgistcrwl in
the weeklies and annuals, printed in many \«.
pers, carried into the Congress debates. C'l*.
cially on the nomination of Mr. Van Huren ; ar..i
so made a part of the public history of the imut
— to be used as historical material in after tinit.
The introtluctory jtaragraph to the " Exposiiion'
shows that it xhblh intended for immediate puWi-
cation, but with a feeling of repugnance to tli.
exhibition of the chief magistrate as a ne«s[«|.
per writer : which feeling in the end prwlomi-
nated, and delayed the publication until tlic i.\.
piration of his offico — and afterwards, until hi,«
death. But it was preserved to fulfil its orip- j
nnl purpo.sc, and went in its manuscript form to
Mr. Francis P. Blair, the literary legatee of Gen- j
cral Jackson ; and by him was turned over td
me (with trunks full of other papers) to be u.«c<l
in this Thirty Years' View. It had been prevj.
ously in the hands of Mr. Amos Kendall, as nia-
tcrial for a life of Jackson, which he had bcgtm
to write, and was by him made known to Jlr.
Calhoun, who declined ^-furnishing any Jw
ther information on the subject." * It is in the
fair round-hand writing of a clerk, slightly in-
terlined In the general's hand, the narrative
sometimes in the first and sometimes in tbc
third person; vouchers referred to and sliown
for every allegation; and signed by the gen-
eral in his own well-known hand. Its mat-
ter consists of three parts : 1. The justification
of himself, under the law of nations and tlie
treaty with Spain of 1795, for taking military
possession of Florida in 1818. 2. The samejus-
tification, under the orders of Mr. Monroe and
his Secretary at War (Mr. Calhoun). 3. The

* Mr. KcndallV letter to the aotlior is In tlie.ie word;:
"December 29, 1853.— In reply to your note Just reci'lveil,
I have to etate tlmt, wisliing to do exact Justice to all nun in
my Life of Oeoeral Jackson, I addressed a note to Mr. Cal-
lioun stating to liim In substance, that I was in poesewlon of
the evidences on wliich the generM based his imputation of
duplicity touching his course in Mr. Monroe's cabinet upoa
the Florida war question, and inquiring whether it vu bii
desire to famish any further infuraiatlon on tho subject, or rot
uporttlmt which was alreaily before tlie public (In Ills public*
lion). A few days afterwards, the Hon. Dixon II. Lewis loM
me that Mr. Culhoun had received my lettei, .'nd had requenel
him to ask me what was tho nature of theevlduncetsioont
QcDoral Jackson's pupers to which I alluded. I stated tlinn U
him, as embodied in General Jackson's 'Exposition,' to wblch
you refer. Mr. Lewis afterwards Infonncd nie that Mr. Calbom
had concluded to let the matter rest as it win Tliit is tU tlK
ooBwcr I ever received ttom Mr. Calbooa. '

ftjtcracnt of Mr.
h ra (the general)
;j)oIc war, and in t
snd in the two II
r\vo rise. All th
.Iiokson, or a histo
,.:ily tlie two latter
View. To these
lion of the Espo.sit
references to the
which h-Mn^ been
:rc foimd in ever
;oxt; and also omil
plaint against Mr.
•vpresentations in
clalm.s.

• It will be recoil
cm with Mr. Calhc
I eng^dj when tl
hand, to give a 8tat<
conduct in the Semi
present it in a very
in which that gentle

" Although the tii
Hibject, engrossed w
my public duties, is
jistice, yet from th<
lioim, from tho free
i:iy conduct on that
iionsion of my moti'
rtrrespondencc, fron
mis friends in differe
111 compliance with i
1(1 my fellow-citizen
I \ntli the documents (

* I am aware that
I who deem it unfit tt

this nation should, u

pear before the publ

rate iiis conduct. T

.^■sult from too gret

.'iipposed analogy be

I of tlic first magisti

uiiom it is said tho^

I may bo well founded

I fiTi'nt opinions on tb

I that tlio course I no!

j j'jdjnncnt of my fel

Ii-onformity with pasi

I tho spirit of our po[

li|iiire.s that tho cond

(nun, how elevated i

jAould bo fairly and

'ii<:iion and decision

|i eviction I have act

I lilt wishing this or a

iife to be concealed.

Jliict in connection m

Irespondence in this

ANNO 18S1. ANDREW JACKSON, PRESIDENT.

1G9

♦titeraont of Mr. Callioiin'd conduct towanls
hra (the general) in all that affair of the Scm-
^\e war, and in the movements in the cabinet,
•nd in the two Houses of Conpress, to whicli it
^xo rise. All these parts belong to a life of
Jickson, or a history of tlie Seminole war; but
onlv the two latter come within the scope of this
View. To these two parts, then, this publica-
lion of the Exposition is confined — omitting the
^<fl■ronces to the vouchers in the appendix —
wliich iia\"ing been examined (the essential ones)
•re found in every particular to sustain the
;i'Xt ; and also omitting a separate head of com-
plaint a{;ainst Mr. Calhoun on account of his
representations in relation to South Carolina
claims.

" EXPOSITION.

• It will be recollected that in my correspond-
iiicc with Mr. Calhoun which he has published,
I engag'.d, when the documents should bo at
hand, to give a statement of facts respecting my
conduct in the Seminole campaign, which would
present it in a very different light from the one
in vrhich that gentleman has placed it.

• Although the time I am able to devote to the
subject, engrossed as I am in the discharge of
my public duties, is entirely inadeqiiate to do it
jistice, yet from the course pursued by Mr. Cal-

I iioun, from the frequent misrepresentations of
liiy conduct on that occasion, from the misappre-
I honsion of my motives for entering upon that
I o)rrespondence, from the solicitations of numer-
ous friends in different parts of the country, and
I III compliance with that engi^ement, I present
In my fellow-citizens the following statement,
I inth the documents on which it rests.

'■ I am aware that there are some among us
I who deem it unfit that the chief magistrate of
this nation should, under any circumstances, ap-
pear before the public in this manner, to vindi-
cate his conduct. These opinions or feelings may
.^sult from too great fastidiousness, or from a
supposed analogy between his station and that
luf the first magistrate of other countrie.s, of
I vliom it is said they can do no wrong, or they
I may be well founded. I, however, entertain dif-
Ifervnt opinions on this subject. It seems to mo
I that the course I now take of appealing to the
] j jd;nncnt of ray fellow-citizens, if not in exact
I conformity with past usage, at least springs from
I tho spirit of our popular institutions, wliich re-
jliiins that the conduct and character of every
(fiian. how elevated soever may be his station
l>hould be fairly and frealy submitted to the dis-
I'lKsion and decision of the people. Under this
eviction I have acted heretofore, and now act,
lint wishing this or any other part of my public
jiife to be concealed. I present my whole con-
J'iiict in connection with the subject of that cor-
jrespondence in this form, to the indulgent but

firm and cnlightene<l consideration of my follow
citizens.

[Here follows a justilicatiim of Gen. JacksonVt
coniluct under the law of nations, and under the
orders to (ien. (Jaines, his preikoi.'s.^or in lh«
command.]

I " Such was the gradation of orders issued Vy
' the government. At first they instructed thtir
! general ^ not to pajta the line.' He is next in-
I structe<I to ^e.rercinc a sound iliHcrttinn «.f tn
' the necessity of crosnin:^ the Hue.'' lie is then
i directed to cnnsiihr himnelf ' at Ubertij tn viuirh
! acrosn the Florida line,' but to halt, and re-
! port to the department in case tlie Indians
['' should shelter themsehes under a Sjuminh
fort.'' Finally, after being informed of tlieotro-
cions massacre of the men, women and children
constittiting the party of Lieutenant Scott, they
order a new general into tho field, and direct
\\\m io '^ adopt the necessary vieusures to put
an end to the conflict, without regard to territo-
rial ^^ titles,'^ or ^'Spanish forts."' Mr. Cal-
houn's own understanding of the order issued
by him, is forcibly and clearly explained in a, let-
ter written by him in reply to the inquiries of
Governor Bibb, of Alabama, dated the 1.3th of
May, 1818, in which he says : — ' UencralJack-
son IS vested with fidl power to conduct the
war as he may think best.'

" These onlers were received by General Jack-
son at Nashville, on the night of the 12th Janu-
ary, 1818, and he instantly took measures to
carry them into effect.

" In the mean time, however, ho had received
copies of the orders to General Gaines, to take
possession of Amelia Island, and to enter Flori-
da, but halt and report to the department, in
case the Indians sheltered themselves tmder a
Spanish fort. Approving the policy of tho for-
mer, and perceiving in the latter, dangers to tho
army, and injury to the country, on the Gth of
J.anuary he addressed aconfidintirtl letter to tho
President, frankly disclosing hl^'. fiews on both
subjects. The following is e copy of that let-

ter, viz, :

'Nasiivili-e, eth Jan., 1818.

" Sir : — A few days since, I receive<l a letter
from the Secretary tf War, of the 17th ult.,
with inclosures. Your order of the 19th ult.
through him to Brevet Major General Gaines to
enter the territory of Spain, and chastise the
ruthless savages who have been depredating on
the property and lives of our citizens, will meet
not only the approbation of your country, but the
approbation of Heaven. Will you however permit
me to suggest the catastrophe that might arise by
General Gaines's comp'.iancc with the last clause
of your order? Suppose tho case that the In-
dians are beaten ; they take refuge either in
Pensacola or St. Augustine, whicli open their
gates to them : to proiit by his victory. General
Gaines pursues the fugitives, and has to holt bo'

170

THIRTY YEARS' VIEW

fore the pnrrison until ho can communicate with
his f^oveniini'tit. In tiie mean titnu tliu militia
erow rustless, nnd he is lull to dufunil himself
by the rcfruliirs. The cnoiny, with the aid of
tliL-ir S|>unish fricnda, and Woodbine's liritish
jmrtisans, or, if yon please with Aurey's force,
attacks liiin. What may not be the result ?
Defeat and massacre. Permit me to remark
tlint the arms of the United States nnist be
carried to any ])oint within the limits of Kast
Florida, where an enemy is permitted and pro-
tected, or disf^race attends.

"The Kxeculivc Crovemment liuve ordered,
nnd, as I conceive, very properly. Amelia Island
to be taken possession of. This order oii^ht to
be carried into execution at all haicards, and si-
inultaneoi;sly the whole of J^ast Florida seized,
and held as an indemnity for the outrages of
Spain ujion the property of our citizens. This
done, it puts all opposition down, secures our cit-
izens a complete indemnity, and saves us from a
war with (heat Britain, or some of the conti-
nental powers combined with Spain. This can
be done without implicating the government.
Let it be signified to me through, any channel
(say Mr. J. Uhea), that the possession of the
Floridas uoulU be desirable to the United
States, and in sixty days it will be accom-
plished.

" The order being given for the possession of
Amelia Island, it ought to be executed, or our
enemies, internal and external, will use it to the
disadvantage of the government. If our troops
enter the territory of Spain in pursuit of our
Indian enemy, all opposition that they meet
^vith must be put down, or we will be involved
in danger and disgrace.

'• I have the honor, &c.

" ANDREW JACKSON.
"James Monroe, President U. S.

" The course recommended by General Jack-
son in this letter relative to the occupation of the
Floridas accords with the policy which dictated
the secret act of Congress. He recommended
no more tlian the President had a right to do.
In consequence of the occupation of Amelia Isl-
and by the oHicers of the Colombian and Mexican
governments, and the attempt to occupy the
whole province, the President had a right, undor
the act of Congress, to order General Jackson to
take possession of it in the name of the United
States. He would have been the more justifiable
in doing so, because the inhabitants of the pro-
vince, the Indian subjects of the King of Spain,
whom ho was bound not only by the laws of na-
tions, but by treaty to restrain, were in open war
with the United States.

" Mr. Calhoun, the Secretary of War, was the
first man who read this letter after its reception
at Washington. In a letter from Mr. Monroe
to General Jackson, dated 21st December, 1818,
published in the Calhoun corespondenee, page
•14, is the following account of the reception,
pcuing and perusal of this letter viz.: 'Your let-

ter of January Cth. was received while i was i^,
riously indLsjtosed. Observing that it wa.s fro,,
you. I handed it to Mr. Calhoun to riad. alt.,
reading one or two Hues only myself. Theonl, ,
to you to take command in that quarter liad |, .
fore been issued. He remarked after jitrusin •
the letter, that it was a conlidcntial one rtlaiii "
to Florida, which I must atuaer. '

"In accordance with the advice of Mr. Calhoiui
and availing himself of the suggestion containi.
in the letter, Mr. Monroe sent for Mr. ,J,ii,p'
Rhea (then a member of Congress), showed hini
the confidential letter, and reipiestcd him t,,
answer it. In conformity with this request .Mr
Rhea did answer the letter, and informed Genomi
Jackson that the President had shown him tk
confidential letter, and requested him to state thai
he approved of its suggestions. This answer was
received by the general on the second night ht
remained at Big Creek, which is four miles in
advance of Hartford, Georgia, and before h;j
arrival at Fort Scott, to take command of thi.
troops in that quarter.

" General Jackson had already received or-
ders, vesting him with discretionary powers in i
relation to the measures necessary to put an
end to the war. He had informed the President
in his confidential letter, that in his judgment it
was necessary to seize and occupy the whole of
Florida. This suggestion had been considcri'd |
by Mr. Calhoun and the President, and approv-
ed. From this confidential correspondence bcfon I
ho entered Florida, it was understood on bulk
sides, that under tho order received by hk, be
would occupy the whole province, if an occa.siou
to do so should present itself; as Mr. Calhouo
wrote to Governor Bibb, ho vraa ' authorized to
conduct the war as he thought best;' andho'.n
he ' thought best ' to conduct it was then made
known to the F.': Ive, and approved, before |
he struck a blow

" In the approv ven by Mr. Monroe upon I
the advice of Mr. Calhoun to tho suggestions of
General Jackson, ho acted in strict obedience *o |
the laws of his country. By the secret act of
Coiig'esp, tho President was authorized, under I
circi mstances then existing, to seize and occupy
all Florida. Orders had been given which were
sufficiently general in their terms to cover that
object. The confidential correspondence, and
private understanding, made them, so far as re-
garded the parties^ as effectually orders toti.keaml
occupy the Province of tlorida as if thai ob- \
ject had been declared on their face.

" Under these circumstances General Jackson I
entered Florida with a perfect right, according
to international law, and the constitution and
laws of his country, to take possession of the
whole territory'. He was clothed with all the
power of the President, and authorized ' to con- 1
duct tho war as he thought best.' He bad or*
dcrs as general and comprehensive as wordi I
could make them: he hod the confidential appro-
bation of the President to his cofidential recom-
mendation to seize Florida : and be entered tin

ANNO 1830. ANDREW JACKrW)N. rRKSlPEXT.

171

finrincc with the full knowlc<l|^ that not only
ijitice ami policy but the laws of his country,
irl the onlers of tlic President as publicly and j
'/irately explained and iindurstood, would Justi- i
I him in expelling every Spanish pirrison, and
(j:endin}: the jurisdiction of the United Statcu i
j„r every inch of it« territory.

•Nevertheless, (iencral Jackson, from his i
l;nowle<i);o of tho situation of atfairs in Florida,
rUDfted to llnd ajustilicatbn for himself in the
(onliict of tho Spanish authorities. On the con- !
;nrv, had he found on entering tho province '
llat the agents and officers of Spain, instead of
nsiiiratintr, encouraging and supplying the Indi-
uis, had used all tho means in their power to
Invent and put an end to hostilities, he would not
hive incurred tho responsibility of seizing their
fortresses and expelling them from tho country.
But he wrote to tho President, and entered upop
lao campaign with other expectations, and in
liiese he was not disappointed.

Ashe approached St. Marks it was ascer-
I tained that it was a place of rendezvous and a
oiirce of supply for the Indians. Their councils
I ]0\ been held within its walls : its storehouses
were appropriated to their use : they had there
obtained supplies of ammunition : there they had
Imi a raaket for their plunder: and in tho com-
[niiindant'sramily resided Alexander Arbuthnot,
the chief instigator of tho war. Moreover, the
iieim>cs and Indians under Ambrister threatened
to drive out tho feeble Spanish garrison and take
entire possession of the fort, as a means of protec-
tion for themselves and annoyance to tho United
Sutcs, In these circumstances General Jackson
I found enough to justify him in assuming Mie re-
sponsibility of seizing and occupying that post
I vrith an American gari-i-son.

"The Indians had been dispersed, and St.
I Marks occupied. No facts had as yet appeared
I which would justify General Jackson in assum-
ing the responsibility of occupying tho other
I Spanish posts in Florida. lie considered the
I wir as at an end, and was about to discharge a
innsiderable portion of his force, when he was in-
Ifonncd that a portion of the hostile Indians had
Ikn received, fed and supplied by the Spanish
I Authorities in Pensacola. lie therefore directed
> march upon that point. On his advance he
I received a letter from the governor, denouncing
I his entry into Florida as a violent outrage on
ltheri<:htsof Spain, requiring his immediate re-
I treat from the Territory, and threatening in case
Icf refnsal to use force to expel him. This dec-
lliration of hostilities on the part of the Spanish
liuthoritics, instead of removing, tendiHJ to in-
Icreasu the necessity for tho General's advance,
|i«!causc it was manifest to both parties that if
Ithe American army then left Florida, the Indians,
lundcr the belief that there they would always
lliiil a safe retreat, would commence their bloody
Inicursions upon our frontiers with redoubled
Ifary ; anil General Jackson was warned that if
Itie left any jtortion of his army to restrain tho
|lutl:auB, ui:d retired with hiii maiu force, the

SpanianU would Ik> openly united with the In-
dians to cx|>rl the whulo, and thtix it lM><'anio ni
necessary in order to tenninato thf war to de-
stroy or capture the .Spanish fonv at I'l-iisacoU
as tho Indians theinselvos. In tins attitude of
the Spanish governor, and in the fiU't that tlie
hostile Indians were receive*!, fed, olothed, fur-
nished with munitions of wsir. imi'1 tli.it their
plunder was ]iurchasc<l in I'er.sun.la, (lencrnl
Jackson found a justifieation loi sei/in<^ thnt
post also, and holding it in the nhii.e of the Uni-
ted States.

'• St. Augustino was still in the liands of tho
Spaniards, and no act of the authorities or pt>o-
plo of that place was known to (Jeneral Jackson
previous to his return to Tennessee, which would
sustain him in assuming the res|)onsibility of
occupying that city. However, al>out tho 7th
of August, 1818, he received information thnt the
Indians wero there also received and supplied.
On that dajr, therefore, ho issued an order to
General Games, directing him to collect the evi-
dences of thes* facts, and if they were well found-
ed, to take possession of that place. Tho fol-
lowing is an extract from that order:

'•'I have noted with attention Major Twiggs'
letter marked No. 5. I contemplated that the
agents of Spain or the officers of Fort St. Augus-
tino would excite the Indians to hostility and
furnish them with tho means. It will he neces-
sary to obtain evidence substantiating this fact,
and that tho hostile Indians have )MH.<n fed and
furnished from tho garrison of St. Augustine.
This being obtained, should you deem your force
sufficient, you will proceed to take and garrison
with American troops. Fort St. Augustine, and
hold the garrison prisoners until you hear from
tho President of the United States, or transport
them to Cuba, as in your judgment under exist-
ing circumstances you may think best.'

" An order had some time before been given to
the officer of ordnance at Charleston, to have in
readiness a battery train, and to him General
Gaines was referred.

" Tho order to take St. Augustino has often
been adduced as evidence of General Jackson's
determination to do as he pleased, without re-
gard to the orders or wishes of his government.
Though justifiable on tho ground of self-defence,
it would never have been issued but for tho con-
fidential orders given to General Gaines and
Colonel Bankhead. to tako possession of Amelia
Island forcibly, if not yielded peaceably, and
when possessed, to retain and fortify it ; and tho
sec.'ot understanding which existed between him
and tho government, in consequence of which he
never doubted that ho was acting in complianco
with the wishes, and in accordance with tiio
order! and expectations of the President and SeO'
retarj of War.

'• To show more conclusively tho impressions
under which General Jackson acted, referenc*
should be had to the fact that, after the capturt
of tho Spanish forts, he instructed Captain Gads*
den to prepaie and report a plan for the permar

172

TIIIKTY YEARS' VIEW.

BA', (.

m-i

ncnt dofcnpo of Florida, wliirh was oproonblc to
the conflrlential onlcrs to ficncral (iaincH and
(.'ol. liankhcad before rcfcrrod to. Of thJK lie
informcil tho Secretary of War in a dispatch
datefl Ud June, 1818, of which the following is
on extract : — ■

" ' Captain Oadsdcn is inKtriiPtwl to prtiparc
and report on tho necessary fjcfcnccs as far as
tho military rcconnoiHsanccs ho ha8 taken will
])orniit, accompanied with plans of cxistinp;
works ; what additions or improvements ore
necessary, and what new works should, in his
opinion, bo erected to pire permanent security
to tliia important territorial addition to our
republic. As soon as tho report is prepared,
('aptain Gadsden will leccive orders to repair to
Washington City with some other documents
which I may wish to confide to his charge.'

" This plan was completed and forwarded to
Mr. Calhoun on tho 10th of tho succeeding Au-
gust, by Captain Gadsden himself, with a letter
from Gencml Jackson, urging the necessity not
only of retaining possession of it. Marks, but
I'ensocola. Tho following is o part of that let-
ter :

'"Captain Gadsden will also deliver you liis
report made in pursuance of my order, accompa-
nied with tho plans of tho fortifications thought
necessary for tho defence of tho Floridas, in con-
nection with tho line of defcnco on our Southern
frontier.

" ' This was done under tho belief that tho
government will never jeopardize tho safety of
the Union, or the security of our frontier, b}' sur-
rendering those posts, and tho possession of the
Floridas, unless upon a sure guaranty agreeable
to the stipulations of the articles of capitulation,
that will msurc permanent peace, tranquillity and
security to our Southern frontier. It is believed
that Spain can never furnish this guaranty. As
long as there arc Indians in Florida, and it is
possessed by Spain, they will bo excited to war,
and the indiscriminate murder of our citizens, by
foreign agents combined with the officers of
Spain. The duplicity and conduct of Spain for
tho last six years fully prove this. It was on a
belief that the Floridas would bo held that my
order was given to Captain Gadsden to make the
report he has done.'

"Again: 'By Captain Gadsden you will re-
ceive some letters lately inclosed to me, detailing
tho information that the Spaniards at Fort St.
Augustine arc again exciting tho Indians to war
against us, and a copy of my order to General
Gaines on this subject. It is what I expected,
and proves the justice and sound policy of not
only holding the posts we are now in ])os8es8ion
of, but of possessing ourselves of St. Augustine.
This, ond this alone can give us peace and secu-
rity on " our Southern frontier." '

" It is thus clearly shown that in taking pos-
session of St. Marks and Pensacola, and giving
orders to take St. Augustine, I wot; acting within
the letter as well as spirit of my orders, and in
accordance with tho secret understanding be-

tween the government and myself, and unilcr
i full iKTsuasion that these fortresses wouM nn,.,
I again be piTmittod by our government to ti,.
I under the dominion of Spain. From the tinii„f
I writing my confidential letter of tho tith of .Jan.
I uary to the date of this dispatch, the loth -f
August, 1818, 1 never had an intimation tlmtil,. I
wishes of tho government had changed, or th;i'
less was expected of me, if tho occasion sIimiI' ;
prove favorable, than the occupation of the wiml.
of Florida. On the contrary, either by thi' r I
direct opproval of my measures, or their sjlcnri
the President and Mr. Calhoun gave me rta-wii
to stipposo that I was to be sustained, and thut
tho Floridas after being occupied were to 1m' 1,, i,]
for the benefit of tho United States. I'yio), f,..
cciving my orders on the llth of January 1 trmlj I
instant meosures to bring into tho field '« putji. I
cient force to accomplish all tho objects suppestcii
in ray confidential letter of the 6th, of which j I
informed tho War Department, and Mr. Calhoui; 1
in his reply dated 29th January, 1818, after thi
receipt of my confidential letter, and a full know |
ledge and approbation of my views says :—

'"The mca.surcs you have taken to brinj; ani
eflicient force into the field are approbated, ami
a confident hope is entertained that a speciltj
and successful termination of the Indian war will!
follow your exertions.'

" Having received further details of my prc-i
parations, not only to terminate the Scminolsl
war, but, as tho President and his Secretary vfelll
knew, to occupy Florida also. Mr. Calhoun on|
the Cth February, writes as follows: —

" ' I have the honor to acknowledge the receifj
of your letter of the 20th ult., and to acquaint!
you with the entire approbation of tho Prcsidcntl
of all the measures you have odopted to tcrmi-l
nato the rupture with the Indians.'

"On the 13th of May following, with a i
knowledge that I intended if a favorable occasionl
presented itself to occupy Florida, and that tlief
design had the approbation of tho President, .Mr.l
Calhoun wrote to Governor Bibb, of Alabama, th(jj
letter already alluded to, concluding as follows:-

" ' General Jackson is vested with full poiversj
to conduct the war in the manner be may dcen
best.'

" On the 25th of March, 1818, 1 informed MrJ
Calhoun that I intended to occupy St, Marksf
and on the 8th of April I informed liim that i|
was done.

" Not a whisper of disapprobation or of doubl|
reached me from the government.

" Ox\f the 5th May I wrote to Mr. Calhoiid
that I was about to move upon Pensacola wii^
a view of occupying that place.

" Again, no reply was ever given disappjovinJ
or discountenancing this movement.

"On the 2d of June I informed ]\Ir. Calhoui
that I had on the 24th May entered Pcnsacnlaj
and on the 28th had received the surrender of tin
Barrancas.

" Again no reply was given to this letter exl
pressing any disapproval of these acts.

ANNO 1920. ANDREW JACKSON. I'UKSlDENT.

173

• In fine, from the nx-vipt of tho Prcswlont's ,
„|,ly to my conlWentUl letter of Otli January,
;>|\ tliroiigh Mr. lUira, until tho rurcipt uf the
j'residLiit'H privnto letter. (late«l I'Jth July.
;.18, 1 received no instructions or intimations
Kom the government publij or private that my
,|it'rati<iii.s in Florida weru other than such as
;;,i. I'resident and Secretary of AV'ar expected
iinl approved. 1 had not a doubt that I had
j,te(l in every respect in strict accordance with
tiirir yIou's, and that without publicly avowing
ih»t they had authoiizvd my measures they were
ri«ly at all times and under all circumstances
10 sustain mo ; and that as there were sound
^<on.s and justifiable cause for taking possession
III' Florida, they would in pursuance of their
private understanding with me retain it as in-
(itinnity for tho spoliations committed by Span-
i.li subjects on our citizens, and as security for
the peace of our Southern frontier. I was will-
jn^r to rest my vindication for takin;; tho posts
on the hostile conduct of their officers an<l garri-
jons bearing all tho responsibility myself: but I
isiHxted my government would find in their
claims upon Spain, and tho danger to which our
frontier would again bo exposed, sufficient rea-
H)n.« for not again delivering them into tho pos-

i jossion of Spain.

• It was lute in August before I received official
Lnformation of tho decision of the government to
lestorc tho posts, and alx>ut the same time I saw
it Mated in the Georgia Journal that tho cabinet
lijul been divided in relation to the course pur-
sued by me in Florida ; and also an extract of a
liiter in a Nashville paper, alleging that a move-
ment had been made in the cabinet against mc
wiiieh was attributed to Mr. Crawford, in which
istract it is expressly stated that I had been
triumphantly vindicated by Mr. Calhoun and
Mr. Adams. Being convinced that tho course I
1,1(1 pursued was justified by considerations of
]iub!io policy, by the laws of nations, by the
iiatc of things to which I have referred, and by
tlic instructions, intimations, and acquiescence
ofthegovernmentj and believing that tho latter
y been communicated to all the members of
the cabinet, I considered that such a movement
by Mr. Crawford was founded on considerations
foreign to the public interests, »nd personally

I inimical to me; and therefore, a(. or these pub-
1 lie and explicit intimations of what had occurred
I ta the cabinet, I was prepared to, and did believe
1 that Mr. Crawford was bent on my destruction,
I uid was the author of the movement in tho cab-
linetto which they referred. I the more readily
I entertained this belief in relation to him (in
[which 1 am rejoiced to avail myself of this pnblic
I occasion to say I did him injustice) because it
I mis impossible that I should suspect that any
■ proposition to punish or censure me could come
Ifrom either the President or Mr. Calhoun, as I
iTell knew that I had expressed to the Presi-
l&iit my opinion that Florida ought to be
I taken, and had oifered to take it if he would
hive mc au intimation through Mr. lihea that it

was desirable to do m>, which intimation wa*
given ; that they hail given me orders bnmil
enough to sanction all that was done ; that Mr.
(.'alhoun hod expresslv interpreted those onlei-s
as vesting me 'with tuU jiower to coniluct tho
war as he (I ) might think best ;' that they had
expressly Bp|)rove<l of all my preparations, and
in silence witnessed all my operations. I'ndei
these circumstances it was im(H)8Hible for me to
believe, whatever change might have taken
place in their views of public policy, that either
tho President or Mr. Calhoun could have origi-
nated or countenanced any proposition tending
to cast censure upon me, much less to produce
my arrest, trial, and punishment.

''If these facts and statements could have
left room for a doubt in relation to Mr. Calhoun's
approval of my conduct and of his friendship for
me, I had other evidence of n nature pi'rfectly
conclusive. In August, 1818, Colonel A. P. llayne.
Inspector General of tho Southern Division, who
had served in this campaign, came to Washing-
ton to settle his accounts, and resign his statf n))-
pointment in the armv. Ho was the fellow-citi-
zen and friend of Mr. Calhoun, and held constant
personal interviews with him for some weeks in
settling his accounts. On the 24th September ho
addressed a letter to me, stating that ho had
closed his public accounts entirely to his satisfac-
tion, and in relation to public atl'airs among othei
things remarks : —

'•'The course the administration has though)
proper to adopt is to me inexplicable. They
retain St. Marks, and in the same breath pivt
up Pcnsacola. Who can comprehend this? 'Jhi
American nation possesses discernment, and will
judge for themselves. Indeed, sir, I fear that
Mr. Monroe has on the present occasion yielded
to the opinion of those about him. I cannot be-
lieve that it is the result of his own honest con-
victions. Mr. Calhoun certainly thinks with you
altogether, although after the decision of the
cabinet, ho must of course nominally support
what has been done.' And in another letter,
dated 21st January, 1819, he says : 'Since I last
saw you I have travelled through West and East
Tennessee, through Kentucky, through Ohio,
through tho western and eastern pai-t of Penn-
sylvania, and the whole of Virginia — have been
much in Baltimore and Philadelphia, and tho
united voice of the people of those States and
towns (and I have taken great pains to inform
myself) approve of your conduct in every respect.
And the people of tho United States at large en-
tertain precisely tho same opinion with tho peo-
ple of those States. So does the administration,
to wit: Mr. Monroe, Mr. Calhoun, and Mr.
Adams. Mr. Monroe is your friend. Ho has
identified you with himself. After tho most ir.u
turo reflection and deliberation upon all of your
operations, he has covered your conduct. But I
am candid to confess that he did not adopt this
line of conduct (in my mind) as soon as he ought
to have done. Mr. Adams has done honor to
his country and himself.'

174

THIRTY YEARS* VIEW,

" Colonel Ilnyno is a man of honor, and did
not intend to di-ceivo ; I had no doiiht, and have
none novr, that he dorivcd Imh imprcHsionn from
ronviTsntions with Mr. Calhoun himself; nor
have I any doubt that Mr. Calhoun purposely
ronvcycd those imprctisionf) that they might be
communicated to me. AVithout other evidence
than this letter, how could I have understood
Mr. Calhoun otherwise than as approving my
whole conduct, and as having defended mo in
the cabinet ? How could I have understood any
seeming dissent in liis official coromimications
otherwise than as arising from his obligation to
givo a ' nominal 8up|)ort' to tho decision of the
cabinet which in reality he disapproved ?

"Tho reply to my confidential letter, the ap-
proval of my preparations, tho silence of Mr.
Calhoim during the campaign, tho enmity of Mr.
Crawford, the language of the newspapers, the
letters of Colonel Hayne, and other letters of
similar import from other gentlemen who were
on familiar terms with the Secretary of War,
left no doubt on my mind that Mr. Cilhoun
approved of my conduct in tho Seminole war
' altogether ; ' had defended mo against an attack
of Mr, Crawford in the cabinet, and was, through-
out tho struggle in Congress so deeply involving
my character and fame, m}' devoted and zealous
friend. This impression was confliined by the
I)crsonaI kindness of Mr. Calhoun towards me,
during my visit to this city, pending the proceed-
ings of Congress relative to tho Seminole war,
and on every after occasion. Nor was such con-
duct confined to mo alone, for however incon-
sistent with his proposition in the cabinet, that
I should ' be punished in some form,' or in the
language of Mr. Adams, as to M'hat passed there
' that General Jackson should bo brought to
trial,' in several conversations with Colonel Rich-
ard M, Johnson, while he was preparing the
counter report of the Military Committee of the
IIouso of Kepresentatives, Air. Calhoun always
spoke of me with respect and kindness, and ap-
proved of my course.

"So strong was my faith in Mr. Calhoun's
friendship that the appointment of Mr. Lacock.'
shortly after he had made his report upon the Se-
minole war in the Senate, to an important office,
although inexplicable to me, did not shake it.

" I was informed by Mr. Rankin (member of
tho House of Representatives from Mississippi),
and others in 1823 and 1824, once in the presence
of Colonel Thomas H. Williams (of Mississippi)
of the Senate, that I had blamed Mr. Crawford
unjustly and that Mr. Calhoun was the mstigator
of the attacks made upon me : yet in consequence
i»f the facts and circumstances already recapitu-
lated tending to prove Mr. Calhoun's approval of
my course, I could not give the assertion the least
credit.

"Again in 1825 Mr. Cobb told me that I
blamed Mr, Crawford wrongfully, both for the
attempt to injure me in the cabinet, and for hav-
ing an agency in framing the resolutions which
he (Mr. Cobb) offered in Congress censuring

my conduct in the Seminole war. He utatwl rn
tho contrary that Mr. Crawford was oppoi(o<| t
those resolutions and always asserted tliit
' General Jackson had a sufficient (Uffnn
whenever he chose to make it, and that the a>.
tempt to censure him would do him pood. aiHt
recoil upon its authors;* yet it was inipossil,!^
for me to believe that Mr. Calhoun had l)ocn m--
enemy; on the contrary I did not doubt tlin't
he had been my devoted friend, not only throiisti
all those difficulties, btit in the contest for thf
Presidency which ended in the election of Mr
Adams,

"In the Spring of 1828 the impression of Mr
Calhoun's rectitude and fidelity towards mii
was confirmed by an incident which occiim'<l
during the progress of an eflTort to rcroncilc »ll
misunderstanding between him and Mr. Craw-
ford and myself. Colonel James A. Hamilton
of Now- York inquired of Mr. Calhoun himself
at Washington, ' whether at any meeting of Mr! i
Monroe's cabinet tho propriety of arresting Gen-
eral Jackson for any thing done during the Sem-
inole war had been at any time discussed ? ' Jlr,
Calhoun replied, 'Never: such a measure was
not thought of, much less discussed. The onlv
point before the cabinet was tho answer to be
given to the Spanish government.' In conse-
quence of this conversation Colonel Hamilton
wrote to Major Lewis, a mcmly. of tho Nashville
committee, that * the Vice-Prt-sident, who von
know was the member of the cabinet bc,st'a^ |
quaintcd with the subject, told me General Jack-
son's arrest was never thought of, much less I
discussed. ' Information of this statement re-
newed and strengthened the impression relative
to the friendship of Mr. Calhoun, which I had
entertained from the time of tho Seminole war.

" In a private letter to Mr. Calhoun dated
25th May, 1828, written after the conversation
with Colonel Hamilton had been communicated
to me, I say in relation to the Seminole war:

"'I can have no wish at this day to obtain an ex-
planation of the orders under which 1 acted whilst
charged with the campaign against the Seminole
Indians in Florida. I viewed them when received
as plain and explicit, and called for by the situation
of the country, I executed them faithfully, and
was happy in reply to my reports to the Depart-
ment of War to receive your approbation for it.'

" Again : ' The fact is, I never had the least I
ground to believe (previous to tho reception of
Mr. Monroe's letter of 19th July, 1818) that
any difference of opinion between the government
and myself existed on the subject of my power?.
So Tar from this, to the communications which I
made showing the construction which I placed
upon them, there was not only no difference of
opinion indicated in the replies of the Executive
but as far as I received replies, an entire approve I
of the measures which I had adopted. '

" This was addressed directly from me to Mr,
Calhoun, in May, 1828. In his reply Mr. Cil- 1
houn does not inform me that I was in error
Ue does not tell me that he disapproved my con

ij.i< and thought I

f,ra violation of or

Qo that ho or any

nliiiiut council a co

(iPiirt. Ho says not

impression already r

n; wlii<'h might not

fjio had been oblig

l,)rt ' to a derision i

[fply, (lilted loth Jul

•■^Any discussion i

lajrrco with you, wo

J-,' matters of histor

; l^torian as they stai

uise that thejustiflcii

trnmcnt depended oi

!h.ui. It is sufHcien

!,cne8tly issued, and

I i,ivolving tho qucstioi

tiJ strictly in accordi

ihey were issued. H

ire all that can be rci

I that they existed on

"It was certainly ii

that Mr. Calhoun had

court of inquiry wit

punkhraent for violat

Iniittcd were ^honesti

['lie nerer doubted t

•huiust and patriot

I could not have dout

I .Mr. Calhoun had zeal

est and patriotic ' ac

pinst the supposed

as had long before 1

not have doubted th

I irith me altogether,' i

I Colonel Hayne. I c

I that .Mr. Calhoun ha(

I iny compliance with

I he ' never did suppoa

depended on a critic

|tud 'that it was s

honestly executed.'

"By the unlimitec

me bj my orders ; by

I of my confidential letl

Ijdvised by Mr. Calh(

jiroval of all my prepj

Ifilence of the governm

■by uncontradicted pul

Ipers; by positive »ssur

llriends of Mr. Calhou;

liaration to Colonel £

sown assurance thi

Ihdnesty or patriotisn

liny orders, which he

Tout inquiring ^wheth

wnctly in accordanc

Jfhei/ vere issued, ' I w

ind did believe that 3

leroted friend, defend!

ind private, my whole

With these impr

iijchai^ of the duties o

inHHItJ '

AN so 1830. ANDREW JACKSON. PRESIDKNT.

17a

ij„> tnil thought I onp;lit to have been punched
fj/ivioUtion of ordcrfi. Ho doi-H not iufurm
Qe that ho or any other had proposed in the
n<)iiiut council a court of inquiry, or any other
p,;jrt. IIo Rayfl nothing inrantiiittont with the
iiiiprossion already made u|>on my mind — noth-
:;,. »'lii<'li might not have liccn expected from one
(iio had been obliged to give a ' nominal Biip-
nirt' to a deciHion which ho disapproved. His
L|v, (liitcMl lUth July. 1828. is in theae wordn :

•••Any dIscuB-ion of them' (the orders) 'now,
; ajrrw with you, would bo unnoccssary. They
ix iiiattcrs of history, and must be left to the
iistorinn ns they stand. In fact I never did sup-
pose that the justification of yourself or the gov-
(rnmcnt depended on a critical construction of
,),,ni. It is sufficient for both that they were
jicnestly issued, and honestly exccute<l, without
I involving the question whether thev were execu-
I till strictly in accordance with the intention that
ijioj' were issued. Honest and patriotic motives
I jre all that can be required, and I never doubted
I ii,at they existed on both sides. '

•It was certainly impossible for mo to conceive
I that Mr. Calhoun bad urged in cabinet council a
court of inquiry with a view to my ultimate
puDbhmcnt for violation of orders which he ad-
Iniittcd were ^honestly executed,' especially as
I'lic nercr doubted that my ' motives ' were
•hotifst and patriotic,' After this letter I
I could not have doubted, if I had before, that
Mr. Calhoun had zealously vindicated my ' hon-
est and patriotic ' acts in Mr. Monroe's cabinet
pinst the supposed attacks of Mr. Crawford,
J had long before been announced. I could
Lot have doubted that ^Ir. Calhoun ' thought

irith me altogether,' us I had been informed by
I Colonel Ilayne. I cxtuld not have conceived
I that Mr. Calhoun had ever called in question
i- compliance with my orders, when he says
\k^ never did suppose' that my ^justification

depended on a critical construction of them, '
hiid 'that it was sufficient that they were
I honestly executed.'

'By the unlimited authority conferred on
Imebj my orders; by the writing and reception
I of my confidential letter and the answer thereto
Isdvised by Mr. Calhoun ; by the positive ap-
llToral of all my preparatory measures and the
Lilence of the government during , operations;
Iby uncontradicted publications in the newspa-
Ipirs; by positive assurances received through the
llriends of Mr. Calhoun ; by Mr. Calhoun's dec-
llantlon to Colonel Hamilton ; and finally by
sown assurance that he never doubted the
Iknesty or patriotism with which I executed
liny orders, which he ' deemed sufficient ' with-

lut inquiring ^whether they were executed

Ynctly in accordance with the intention that

I were issued, ' I was authorized to believe

md did believe that Mr. Calhoun had been my

leroted friend, defending on all occasions, public

ind private, my whole conduct in the Seminole

W ith these impressions I entered upon the

icbrge of the duties of President,in March,1829.

"Recent dinclonureo prove thnt tlicsip imprc*
pious were entirt-ly orrntieouK, niul tlisit .Mr, Cal-
houn hiniM!lf wnn the author of the iiroponition
made in the ciibinet to Milijiot nu- to a court of
inquiry, with a vii>\v to my ultinuito |iiini!*hn>tMit
for a violation of orders.

" My feelings towards .Mr. Callioim continued
of the most friendly character until my suspi-
cions of his fairness were awakened by tho fol*
lowing incident. Tho late Marshal of the District
of Columbia (.Mr. Tench Uingold), conversing
with a friend of mine in relation to the Seminolo
war, spoke in strong terms of Mr. Monroe's
support of me ; and upon being informed that I
hail always rt-garded Mr. Culhoun as my lirm
and undeviutiiig friend and supporter, and par-
ticularly on that occasion, Mr. ilingold replied
that Mr. Calhoun was the first man to more in
the cabinet for my punishment, and that he
was against mc on that subject. Informed of
this conversation, nnd recurring to tho rei)cate<l
declarations that had been mado to mc by dif-
ferent persons and at dillerent times, that Mr.
Calhoun, and not Mr. Crawford, was the person
who hod made that movement against mo in tho
cabinet, and observing the mysterious oppo.sition
that hod shown itself, particularly among those
who were known to be the friends and partisans of
Mr. Calhoun, and that the measures which 1 had
recommended to the consideration of Congress,
and which appeared to have received tho appro-
bation of the people, were neglected or opposed
in that quarter whence I had a right to believe
they would have been brought forward and sus-
tained, I felt a desire to see the written state-
ment which I had been informed Mr. Crawford
had made, in relation to tho proceedings of tho
cabinet, that I might a.scertain its true charac-
ter. I sought and obtained it, in tho manner
heretofore stated, and immediately sent it to Mr.
Calhoun, and asked him frankly whether it waa
possible that the information given in it waa
correct? His answer, which he 'K,a givoa to
the world, indeed, as I have before i.','fd, sur-
prised, nay, astonished me. I had a '.vays re-
fused to believe, notwithstanding the various as-
surances I had received, that Mr. Calhoun could
be so fur regardless of that duty which the plain-
est principles of justice and honor imposed upon
him, as to propose the punishment of a subordi-
nate officer for tho violation of orders which
were so evidently discretionary as to permit mo
as he (Mr. Calhoun) informed Governor Bibb,
' to conduct the war as he may think best.' But
the fact that he so acted has been aihrmed by
all who were present on the occasion, and admit-
ted by himself.*

* Mr. Calhoun In bis convcrsatlim with Colonel Hamilton,
anbatantially denied that such a proposition as that which li«
now adinlta ho raad(s was ever subtiilltcd to the cabinet He
is aiked " whether at any nieeling of Mr. Monroe's cabinet tb«
propriety of arresting Qeneral Jackson for any tbtng done da-
ring the Seminole war bad been at any time diMUfsed." Ha
replies " Net'cr ; such a measure was not thought of, much len
discussed : t/t« only point be/ore the eabinet WM (A« annm

176

THIUTY VKAIW VIKW.

" TImt Mr. Callioim, with IiIh k!i<)\vl<'<Ijr(M)f
Piu'tH Hinl ('ii'<;iitii!>(iiii('cs, blioiilil liiivu (lari'<l to
iimkt! siK'li a |>r(>|i<)si(ion, cnii only lii> n(-<'iiiiiiti'<l
lor frotii tilt! MKTi'ilIy coiillilciitiiil clmrnctcr
whic'li hu nttuc.'lios to tin- jiriK't'ciliii^Horii ciiliiiift
coimcil. Ilin views of this siilijcct nvu stroiijriy
cxpri'ssod ill his iirintvil corri'S|x)ii(lt'iicr, pnno 1").
'I mil not itt all siirpriseil,' says he, 'that Mr.
('rnwronl should k-vi that hu stunils in iii'c-il of
fin ajxilogy for hctrayinj? the (loliln'rations of the
nihinet. It is, I Iielicvu, not only thu tirst in-
stniice in our country, but oiio of n vi-ry few
instnncos in nny country, or any np', thnt mi in-
(livirjuiil lins fult liiinseif absolved from tliu hi(;h
oblip;atioiis which honor and duty impose on one
Hitiiatcd as hu was.' It wna under this veil,
which lio Riii)posed to bo forever imjK'netrable,
tiiat Mr. Calhoun caino forward and denounced
those nieaMiies which h(! knew were not only
impliedly, but positively authorized by the Presi-
dent himself. Ho projwsed to take i)rcpnratory
stops for tlio punishment of General .lackson.
whoso ^honest and patriotic mittiren he never
doubted,^ for tho violation of orders which ho
admits wcro ' honestly executed.'' That he cx-

to he given to the Spnnieh government.'' By the ln«t brunch
of tlio Hiiswcr tlio (lenlnl U made to cinbraco the whole eubjoct
In any form It iiil;;lit have aMumed, anil thprcforo deprives Mr.
Calhuan of nil i;ri>und9 of cavil or eocape by alleglnir that he on-
ly proposed n military inquiry, and not an arrest, an<l that he
did not thcrufore answer the Inquiry In the noitative. But
a^idn when Colonel Hanilltan submitted to Mr. Calhoun his ro-
eollcction of tiiu conversation that Mr, Calhoun might correct
It If erroneous, and informed him that he did so because he In-
tended to conimuiilcate in to Major Lewis, Mr, Callioun did not
(|U08tlon the correctness of Colonel Hamilton's recollection of
Uie conversation; he does not qualify or alter it; he dons not
say, as In frankness ho was bound to do—" It is true, tho propo-
sition to arre-t General .Jackson was not discussed, but an Iniiul-
ry Into his conduct in that war was discussed on a proposition
to that end made by me." lie docs not 8,iy that the answer to
tho Spanish povcrninnnt was not the only point before the cab-
inet, but he endeavors, without denying as was allegeil by Colo-
nel Hamilton that this part of the conversation was understood
botween them to bocontldential, to prevent him from making
It public, and to that end and that alone he writes a letter of ten
pages on the sacredness of cabinet deliberations. '^Vhy, let us
ask, did Mr. Ciilhoun upon reflection feel so much solicitude to
prevent a disclosure of his answer to Colonel Handlton, which if
true could not injure him ? At first, althougli put upon his guard
he admits that this part of the conversation was not cot *1dential,
although It referred to what was, as well as what was not done
In cabinet council. The reason Is to be foun<l In his former In-
volutions, and in the fact that the answer was not true, and in
his apprehension that If that answer was made public, Mr.
Crawford, who entertained the worst opiidons of Mr. Calhoun,
■nd who hnd suffered In General Jackson's opinion on this sub-
ject, would imiiiediutely disclose the whole truth, as he has since
done ; and that tlins the veil worn out, of the sacredness of cabi-
net deliberations under which Mr. Calhoun upon second thought
had endeavored to conceal himself, would be raised, and he
would be exposed to public Indignation and scorn. This could
alone be the molive for his extreme anxiety to prevent Colonel
Hamilton from comniunicatingthe result of an Inquiry made
bv-hltnftom the be-tand purest motives, to the persons who
hail prompted that inquiry fl^om like mollvea.

IK'cte*] to siircpf'd with liis pn>[iosition m) i„^,
thero wns a iMiriicle of honor, hon<s|y, or i"n7|
dene*' left to I'rt'siilent .Monroe, is not in lie m,,!
(rincd. The movement was intend) d f,,f 1^,^^]
future rontin^'ency, which |K'rhnps .Mr. ('nl|,„„. i
iiiiiiM-lf only can certainly explain.

'• The slia|H! in which this proposition «hm mailn
is variously stated. Mr. (.'alhoun, in IIk; iiririu«
corresjiondcnce, pnRo 1 ,"), says : ' | was of tin
impression that you iiad exceeded yoiir ordir,
and acted on your own resfmnsiiiility, Imi i
neither (|uestioned vour patriotism nor voiirtno
fives. Helieving that where orders wen,- train.
coniled, invcstijtation as a matter of course nu..)it
to follow, as duo in justice to tho (.'ovtmintiit
and tho officer, unless tlicro fxs stroni; rimon.
to tho contrary, 1 cnmo to tho Icabiiuil nnfi. i
in^ under tho impression that the usiinlroiir^
ou)(ht to bo pursued in this case, which I wy
ported by presenting fully and freely all \\A
arguments that occurred to me.'

•■ Mr. Crawford, in his letter to Mr. Forsvth
jiublished in tho same «)rrcspondenco, pa^r't, \\
says : ' Mr. Calhoun's proposition in the caUni t j
was. that General Jackson should ho piiiiislin! [
in some form, or reprehended in some foim, I am I
not positively certain which.' I

'■Mr. Adams, in a letter to Mr. Crawford
dated 30th July, 1830, soys: 'The main pnuiti
uj)on which it was urged that General Jackson I
should bo brought to trial, was, timt lie had I
violated his orders by taking St. Jlaiks oui
Pensacolo.'

" Mr. Crowninshield, in a letter to ^Mr. Craw.
ford, dated 25th July, 1830, soys: 'I rcimm-
ber too, that Mr. Calhoun was severe ii])on tliel
conduct of General Jackson, but the wonls par [
ticulorly spoken have slipped my memory.' I

"From the united testimony it ap|M-ars tktl
Mr. Calhoun made a proposition for a court ol f
inquiry up<m tho conduct of General Jackson!
upon the charge of having violated his orders it I
taking St. Marks and Pensacolo, with a view to I
his ultimate trial and punishment, and tliat tie I
was severe in his remarks upon that conduct. [
But the President would listen to no such pro- 1
po.sition. Mr. Crawford, in his letter to .Mr f
Calhoun, dated 2d October, 1830, says: 'Youl
remembered the excitement which your propol
siti(m produced in the mind and on the feelinesi
of the President, and did not daro to »sk him I
any question tending to revive his recollcctioiij
of that proposition.' This excitement was very I
natural. Hearing the very member of his cabi[
net whom he had consulted upon the .subject of I
General Jack.son's confidential letter, and wtol
had advised the answer which had approved b>l
forehand the capture of St. Marks and Pensacolil
and who on the 8th September, 1818, wrote ttl
General Jackson, that ' St. Marks will be n>|
tained till Spain shall be ready to ijarrison ill
with a sufficient force, and Fort (iadsdeii, udl
any other position in East or West Florida with- j
in tho Indian country, which may lie decmedl
eligible, will be retained so long us there isaii;|

ANNO ISM. AXnilKW J.iKSON, I'la^lDr.NT.

177

^n«fr. which, it in hojH'd, will nH'oriJ tl«o tlp^in-*!
^iritv.' mnko a iimiMisition which wtnt to
it«mi» hif" chftiui'liT with (ri'in'hiTy. hy the |)un-
•.hinfiit of <i<'nt>ml •Incksoii lor thosr very nctn,
j, irtM iiii)x)!4Mil>it> thitt Mr, Monrix' shoiiiil not
r.'fXiilc'l- I'l' ">">'' hiivo Inrn moru than hii-
nMi). or lc^A< to havo U-hfid Mr, Caihoiin iittcr-
■nt violent |iliiii|)|ii<'N acninst (irncral JarkKon
(ifthoKC arts, witiioiit tho tttronjrcst ciiiDtion,

-Mr, Crtlhoiin'H |)r<)|X)siti<)n was njcctfij, as
yknnw it wonid Ik-, ami ho came fi-Dnj U'liintl
iheTi'il of raliinot Ht'on-cy all smiles and profes-
.»mK of rcniinl and frienilship for (icneral Jack-
din! It wa.s then that hy hiw di-i-eitfiil conver-
aitidns ho inilnccd (.Colonel llayne and others to
ini'onn General .lackson, that so far from thiiik-
m that he iiad violated liis orders and (>iif;ht to
ln'punished. ho disapproved and only nominally
iiipiwrti'd the more friendly decision of the cal)i-
Mt.«nd thought with him altogether! There
was no half-way feeling in /mV» friendship! So
I (Dmpli'te anil entire was tlie deception, that while
(lencral Jackson was passing throngh Virginia
I the next winter on his way to Washington, he
I ti>astc<l './<>/•» C. Culhnun,' as ^an honest
the luMeHt vork of God.' Who can
[dint the workings of tho guilty Calhoun's soul
iithen ho read that toast ! !

"Hut Mr. Calhoun was not content with tho

I ituck made by him njwn ( Jeneral Jackson's

(huractcr and fame in tho dark recesses of Mr.

.Monroe's cabinet. At the next session of Con-

Lress the samo suhject was taken in hand in

both houses. Mr. Cohb camo forwanl with his

resolutions of censure in tho Hou.so of lleproson-

tatires, where, after a long di.sciission, the assail-

I jnls were signally defeated. Mr. Lacock headed

licomraitteo in the Senate which was engaged in

[the affair from the 18th December, 1818, to the

|24lh February, 1819, when they made a report

of bitterness against General Jackson. It

I charged him with a violation of the laws and

1 constitution of his country ; disobedience of

I orders; disregard of the principles of humanit}',

lind almost every crime wliich a military man

lean commit.

"It was not suspected at the time that thin
Irepoi't owed any of its bitterness to Mr, Calhoun,
lyet that sucli was the fact is now susceptible of
I the strongest proof!

"While the attacks upon General Jackson
Iwere in progress in Congress his presence in the
Icity was thought to l>o necessary by his friends.
IColonel Robert Butler, then in Washington,
■wrote to him to that effect. A few days after-
Ivards Mr. G dhoun accosted him, and a,sked him
lin an abrupt manner why ho had writt,!n to
IGenerai Jackson to come to the city. Colonel
■Butler answered, 'that he might see th*t jus-
was done him in person.' Mr. Calhoun
[tumed from him without speaking another word

rith an air of anger and vexation wh).;h made
kn indelib'e impression on the colon? I's mind.
Jit was obvious enough that he did jioi desire,
|oat rather feared General Jackson's jrcwnce in
Vol. I.— 12

the city. Colonel Biitlrr'* letter to General
Jackoon, dated the Vth .liiiie, 1H:M, in in the«e
word* :

•• • When in Wa«hiiifti>n in the winter nf iHlS
-'1'*, (iiidilig the ciiiir.»e m Inch ('ii|ii;h>«m ii|>|H>iiie(l
to Ik' taking on the .'^eliiiiinle i|iie>>l|iin. I wmle
voii that I oteenied it ne(Tr,)i|(ry that ynu shcnild
\n' presi-nt at Wiis)iin^rf(„|, liuvmg done so, I
coniiiiiinicatod this fid to our friend llinnaii^h,
who held the then .Secretary nf War in high esti-
(nation. The succ»>«'«ling evening, while at the
French Minister's, he cniiio to me and incpiired
in a tone Koinewtmt nbnijit, what nmld induce
me to write for General Jackson to come to the
city — (Itronauph having informed him that I had
doiio so) — to whir'h I re|)lied, |HThaps as sternly,
^llitit hirmaij in jtirfon hurt' instici- dunr Itini.^'
The .Secretary turned on his lieel, an>l so ended
the ronver.''ation ; l)ut there was a something in-
e.\|)lica))lo in tho countenance that subscfpient
events have given meaning to. After your arri-
val at Washington, we were on a visit at the
.Secretary'.s, and examining a ma|) — (the bellow
Stone expciiition of the Secretary's being the
subject of conversation) — Mr. Lacock, of tho
Senate, was announced to the Secretary, who re-
marked — '"Do not let him come in now, General
Jackson is here, hut will soon Ikj gone, when I
can see him." There was nothing strange in all
this ; but tho whispered manner and apparent
agitation fastened on my mind the idea that Mr.
Calhoun and Lacock understood each other on
the Seminole matter. Such were my impres-
sions at the time.'

'■On my arrival, however, in January, 1819,
Mr. Calhoun treated me with marked kindness.
The latter part of Colonel Butler's letter, as to
Mr. Lacock. is confirmed by my own recollection
that one day when IVFr. Calhoun and myself
were together in the War Department, the mes-
senger announced Mr. Lacock at tho door: Mr.
Calhoun, in a hurried manner, pronounced the
name of General Jackson, ami Mr. Lacock did
not come in. This circumstance indicated an
intimacy between them, but I inferred nothing
from it unfavorable to Mr. Calhoun.

'• In speaking of my confidential letter to Mr.
Monroe (printed correspondence, page 19), Mr.
Calhoun states, that after reading it when re-
ceived, 'I thought no more of it. Long after, I
think it was at tho commencement of the next
session of Congress, I heard some allusion whicli
brought that letter to my recollection. It was
from a quarter which induced me to believe that
it came from Mr. Crawford. I called and men-
tioned it to Mr. Monroe, and found that he had
entirely forgotten tho letter. After searching
some time he found it among some other pa-
pers, and read it, as he told uic, for the first
time.'

" The particular ' quarter ' whence the ' alltf
sion ' which called up the recollection of this
confidential letter came, Mr. Calhoun has not
thought proper to state. Probably it was Mr.
Lacock, who was the friend of Mr. Crawford.

178

THIUTY VKAKS- VIKW.

I'r>.liii1.1y Im- n|i|ili(<l t-i >Ir. Ciillinnn for iiifur-
iiifitioii. iiihI Mr. ('.illioiiii went In llif I'nHiilint,
Utiil ri'>|ili'Htri| » hi^'lit 'if ttint Irlirr lliiit h<>
tni^'ht <;iitritiiuni<'iitr iti« MnitciitH t'> Mr. I,acii<'k,
Mr. I.iirock wuH np|M)ii"M| ii|ii)ii tliu C'ltiiiiiiftft'
III tlif Siiiiiniili' wiii.viii tin- iMli htcriiilMT.
Kn llie 'Jlnt ol' tliiit 'i.iiiifli llii- icc'llti'tiiiii of
fill' condilciitiiil lA'.rf wii" llr."l ill tin- iiiiml i<f
Mr. Miiiiripv, fur on vniit ilny, in a litlir 1" <mii-
•Tiil jHckNoti, ln) •/<>■{:* ikti ncroiiiit of its rt'cc|»-
tioii, mill ilio (liH|,iif<itifin iiiiuir of it. I'rolmlily,
f lii'i«-foriv it wii,i alioiit tin- liiiic lliiit .Mr. I.ucurk
iiinlt'rtook the iiivt'>'li|:iition of tliiM iillhir in ttic
S«-imti'. mill tlint il wiim f'lr liin inforiiuitiiui tliiit
.Mr. Ciiiliimii nilk'il on Mr. MuiiPiis to imiuire
ul)oiit tliiH k'tttr.

" Nay, it in crrfir'n tliiit tlu' i-.xiKfpnco mid
('ontfnt.i of tliid li'ttur irrri' iilioiit (hat lime
roiiniiiinirtileif to Mr. Iiurncl,-; Hint If raii-
riTSf./J'rri'li/nnil Tr/irdtedli/ icith Mr. ('iilhnun
u]niii the. vhih Hiihjvrt ; thitt hi' V11.1 infiirmrd
iff all that hull pii.isiil : the vifirn af thi' l*rvAi-
iti'iit, of Mr. Citlhiiiiti, unit the ciihinct, mid
that .Mr. Calhintn cuiiirided with Mr. Liiciirk
ill all his r /('«•.•».

"TIh'80 factH nru Ptatcd upon thn aulhorilij
11/ Mr. Litcock hiiiiKi-lf.

"'rhetiiotlvosof tliL'se Hcpret commiinicntiona
to Mr. Lncock by Mr. Calhoun cannot be niiH-
tiiken. Hy comimniicntinR the contents of the
confidential letter, and withholding the fact
that an njiproving nnMwer had been returned,
he wished to impress Mr. Lncock with the be-
lief that General Jackson had predetermined
lieforc he entered Florida, to seize the Spanish
|)ost8, right or wrong, with orders or without.
Acting under this impression, ho would be pre-
pared to discredit and disbelieve all General
Jackson's explanations and defences, and put
tl»e worst construction upon every circumstance
disclosed in the investigation, lly this perfidy
General Jackson was deprived of all opportu-
nity to make an cH'octual defence. To him Mr.
Calhoun was all smiles and kindness. He be-
lieved him bis friend, seeking by all proper
means, in public and private, to shield him from
the p.tiackb of his enemies. Having implicit
confidence In Mr. Calhoun and the President,
ho would sooner have endured the tortures of
the inquisition than have disclosed their answer
to his letter through Mr. Rhea. Tho tie which
ho felt, Mr. Calhoun felt not. He did not
scruple to use one side of a correspondence to
destroy a man, his friend, who confided in him
with the faitfi and affection of a brother — when
he knew that man felt bound by obligations
from which no considerations short of a know-
ledge of his owii perfidy could absolve him, to
hold tho other side m eternal silence. General
Jackson had no objection to a disclosure of the
' whole correspondence. There was nothing in it
of which he was ashamed, or which on his own
account li« wished to ':onccal. Public policy
made it inexpedient chat i.he world should
know at that time how far tLi government Lad

Hp|iriivi'd NT'irrlmiid of hi'* |>riin'i'iliii^>ii. jj,.
hml III' known timf .Mr. ('mIIioiih hu-< iiit|.,n.,|,
iiig to (lisfroy biiii by titTMtly imiiit' oiu' ,',1^
of llir <'cirrt"<piiiiiK'm'*', he would have \h'vh .^^^
tiflt'd by till' liiwM of f<('lf-il('li'nr(' in iimiii,,,
kiioMii the ofliiT. lb' Kiiw not, hfanl iintjnn'
giiiril not, thiif iiicmis no |K-rflilii>im uiiil iUhhun.
oriibli' wiTi' in ii'^c to dixtrov hitii. It im,,.
iiitirnl lii'4 cotilliiiiig heart tliat thi' tmn,] )„
nhook with tilt' fordialitv o' wnnn fridiil «,.
sirnfly pointing out to lii tiieniios thr |iHtli \,y
wliii'h flii-y minht nnibiiKca.' ■ •'id dottrnv hini
III' WHS iiicnpnliie of conri-ivinj, tlin; tlir ln.n, vhJ
toiigui', which to him s|>akc nothing but Id'ini.
ni'ss, was srcntly conveying poison into ttu.
inrs of Mr. I.uonk, and other nienibirs of Cm.
gri'ss. It could not enter his mind that 1,.
confidential lettrrs, the secrets of the caKin, 1
and tho o|iiiiioim of its niem))crs, were all f,'.
cretly arrayed against him by the fintiil ii,
whom he implicitly confided, misiiitiT|irit(il
and distorted, without giving him an opportu-
nity for self defence or explanation.

" Mr. Calhoun's object was accomplished. Mr.
I-ncock made a report far transcending in hii!
terness any thing which even in the opinion of
(jiencral Jackson's enemies the evidence scfmiij
to justify. This extraordinary and unnceouni-
able severity is now explained. It proawkij
from the secre-t and perfidious represetitationj
of Mr. Calhoun, based on General Jackson's con-
fidential letter. Mr. Lacock ought to be par-
tially excused, and stand before tho world cum-
paratively justified. For most of the iiiju.«tic<.
done by his report to the soldier who hail
risked all fur his country, Mr. Calhoun it tin
respimaiblc vian.

''As dark as this transaction is, a shade ii {
yet to be added. It was not enough that Gin-
eral Jackson had been deceived and betrayed I
by a professing friend ; that the contents of hii
confidential correspondence had been secretly
communicated to his open enemies, while all in-
formation of tho reply was withheld : it w«
not enough that an oflicial report overflowin:
with bitterness had gone out to the norlii
to blast his fame, which must stand for eret
recorded in the history of his country. Lest
some accident might expose the evidences of
the understanding under which he acted, and
the duplicity of his secret accuser, mcnns inust I
be taken to procure tho destruction of the an-
swer to tho confidential letter through Jlr.
Rhea. They were these. About the time Jlr, |
Lacock made his report General Jackson ami
Mr. Rhea were both in the city of Washington, I
Mr. Rhea called on General Jackson, as he said, I
at the request of Mr. Monroe, and begged hiinl
on his return home to burn his reply. He said |
the President feared that by the death of Gen- [
eral Jackson, or some other accident, it mi^htl
fall into the hands of those who would make an I
improper use of it. He therefore conjured him I
by the friendship which had always existed bo I
tween them (and by his obligations as a brothct I

ANNO |«3ft. ANKKKW .FA('K!*<>N, rUR^IDKNT.

170

^viw) to Hrntmy it on h'm n-tiim fn N'Mhrilli'. |

l^rlifvitiK Mr. .M'<nr<M> itn<l Mr. Citlliouii to U-

, 4 c|i'Vii(r<l fri«'ii<li«, nii'l imt iK'cniini; it iiimnihlf

"lilt «nv iiicidnit cmilil iHTiir wJiiili winilil n'-

Din-i'r jiiftify it« ii»»>. he pnvc Mr. \{\ui\ tin*

i,iMnii«' 1«' f">lirit«'<l, mut mronlmirly nhrr liin n--

„,rnti> NaKtivilK* hi* liiinit Mr. Itht-aV lettt-i niid

11 111!* IfttiT-liook <>|ii)oi<iti> llif ••"|iy <>f hii* coiiM- '

,:iiii\l littpr to .Mr. .Monrot- iiimlf tliin entry :—

•• Mr. Khni'ii ItUf.r in nnawr i» burnt lhi»
■■llkAl>ril, \H\'J.<
••.Mr. Cullioiin's mnnnpomont \vnn thiin fitr
„ni|>l«'lt'ly triumpliiuit. )it< Iih<I Ki-crttly »*•
.iilfil (ii'tientl JackHon in Ciiltinct rounril, nnil
fiii.ffl it to b«« fnililiclv annoiinct'il that ho wan
liJK triinfl. While tfu* contldinjr nolditT wan
iinstmir him aa 'an hnncHt man, thu noMi-Ht
v,,irl( (if doll,' ho wuM ln'trayinjr hix ponfidcn-
nil cnrn-Kpondonco to hiH enemy, and laying
til,, hum «t a docnment whirh wan intended to
!l,,.:t liis fi»mo and niin his character in the e.><-
ii!iiatiiin of his countrymen. Leet wcident
.!i<iiil(l hring the truth to lifiht. and expoHe his
|ii|ilicity, ho procures through the President
anil .Mr. Hhfa the destruction of the approving
in<\vt'r to tho confidential letter. Mr. Rhea
n* an old man and Uencral Jackson's health
irt'ljlc. In a few years all who were suppoHcd
[I liave any knowledjre of the reply would 1k5 in
ihiir (.'mves. Every trace of the approval niveu
tnlori'hitnd by tho povernment to the opera-
tions of (icnenil Jackson would soon Ijc obliter-
iiiil, iind the undivided responsibility would
I inrer rest on his head. At least, should acci-
lient or policy brinp; to liprht the duplicity of
Mr. Ciilhoun, he minht deny all knowledge of
this reply, and challenge its production. Ho
nii;.'ht de/end his course in the cabinet and ex-
tinimte his disclosures to Mr. Lacock, by main-
ninine before the public that he had always
klieved General Jackson violated his orders
an<i oupht to have been punished. At the worst,
the written reply if once destroyed could never
tit Kcnlled from tho flames ; and should Gen-
t<nl Jnckson still be living, his assertion might
not be considered more conclusive than Mv.
I'lillioun's denial. In any view it was desirable
M iiim that this letter should be destroyed, and
through his management, as is verily believed,
It was destroyed.

"Happily however for the truth of history
rni'l the cause of public justice, the writer of the
nplyis still alive; ana from a journal kept at
the time, is able to give an accurate account of
this transaction. He testifies directly to the
irrltipp of the letter, to its contents, and the
Dicans taken to secure its destruction. Judge
Hverton, to whom the letter was confidentially
fho«n, testifies directly to the existence of the
letter, and to the fact that General Jackson af-
terwards told him it was destroyed.

■ Tliese, with the statement of General Jack-
ton himself, and the entry in his letter-book
ivhich was seen by several persons many years
ifo, tix these facts beyond a doubt.

" Certainly the hi»Jor^' of thr world nmmly
pn<*ciit« a pnrnllcl to Ihit tn«ii«Arii>in. It lux
Iwrn Kcrii with what "f\«rify .N|r. Calhoun df-
iiniiiiifii Mr, Cniwtiii'd f<ir rexraliiig the m^-n I
pr<Mi>editii;'« of the ctiliinet : with what jiintiie
may a n'tnpf of lenlolij •• ««Tiiy U- niadi- upon
him, when he not oi.i .cvenli* to .Mr. I.i-
eiH'k the prtM'iedinpM of the cabinet, hut tl.p
roiilideiiliiil litter of a contlding friend, not f>>r
the lM>ni'tlt of tliiit friend, hut through niiMr(|>-
reM'ntatioii of the tranxaction and conivaliiii'iit
of the reply, to aid hix eneinii's in arconipli."h-
ing his dextiiietion. It wan doulitle^N ex|>ert('d
that Mr. l.ncK'k would prodiuv a d<wiiiiieiit
which would overwhelm General .larkiion ami
destroy him in |>iihlir estimation. In that event
the proree«lingH of the cabinet would no longer
have Inen lielil nacreil. The ei roneoiin impres-
sion made on the public mind would have Ihi ii
corrected, and the world have f)een informed
that .Mr. Calhoun not only dinapproved the act**
of Genenil Jackwon, but liad in the cabinet at-
tempted in vain to procure his punishment. As
the matter stood, the responsibility of attacking
the General rested <m Mr. Crawford, and hud the
decision of the people been different, tho responsi-
bility of defend ill);; him would have lioen thrown
exclusively upon Mr. Adams, and Mr. Calhoiu.
would have claimed the merit of the attack. Itut
until the public should decide, it was not pru-
dent to lose the friendship of (Jenoral Jackson,
which might be of more service to Mr. Calhoun
than the truth. It was thus at the sacrifice of
every principle of honor and friendship that
Mr. Calhoun managed to throw all responsibil-
ity on his political rivals, and profit by the re
suit of these movements whatever it might be.
It cannot be doubted, however, that Mr. Col-
houn ex|)0cted the entire prostration of Gene-
ral Jackson, and ihh naged to procure the destnic-
tion of Mr. Rhea's letter, for the purpose of
disarming the friend he hud betrayed, that ho
might, with impunity when the public should
have pronounced a sentence of condi nuiation,
have come forward and claimed the merit of
having been the first to denounce him.

"The people however sustained General Jack-
son against the attacks of all his enemies, pub-
lic and private, open and secret, and therefore it
became convenient for Mr. Calhoun to retain
his mask, to appear as the friend of one whom
the people had pronounced their friend, and to
let Mr. Crawford bear the unjust imputation of
having assailed him in the cabinet.

"It must be confessed that the mask was
worn with consummate skill. Mr. Calhoun was
understood by all of General Jackson's friends
to be his warm and able defender. When, in
1824, Mr. Calhoun was withdrawn from the
lists as a candidate for the Presidency, the im-
pression made on the friends of General Jack-
son was that he did it to favor the election of
their favorite, when it is believed to be suscep-
tible of proof that he secretly flattered the
friends of Mr. Adams with the idea that he w.as

180

TIIFUTY YEAIIS' VIEW

with thim. It is certain that for the Virc-
Pri'siilcncy ho continiiuil to wciire nearly ail
the AiiaitiH votes, most of the Jackson votes,
nn<l even lialf of the (Jlay votes in Kentucky.
Uut never (lid the friends of (Jeneral Jackson
doiiht Ilia devotion to their cause in that con-
test, until the publication of his correspondence
with (Jeneral Jackson. In u note, psige 7, he
undeceives them by saying :

'"When my name was withdrawn from the
list of presidential candidates, 1 as.sumed ajxr-
fcetly neutral position between (ieneral Juck-
Ron and Mr. Adams. I was liecidedly opposed
to a conp-essional caiicus, as both those (rentlc-
men were also, and ns I bore very friendly i)er-
sonal and political relations to both, I would
have been well satistied with the election of
cither.'

" I have now given a faithful detail of the cir-
cumstances and facts which transpired touching
my movements in Florida, during the Seminole
campaign.

" When Mr. Calhoun was secretly misinter-
preting my views and conduct through Mr.
iSpcer to the citizens of South Carolina, I had
e.Ktcndcd to him my fullest conlidencc, inas-
much as I consulted him as if he were one
of my cabinet, showed liim the written rules
by which my administration was to be gov-
erned, which he apparently approved, received
from him the strongest professions of friend-
ship, so much so that I would have scorned
even a suggestion that he was capable of such
uuworthv conduct.

"AXDREAV JACKSON."

Such is tlio paper which General Jackson
left behind him for publication, and which is so
essential to the understanding of the events of
the time. From the rupture between General
Jackson and Mr. Callioun (beginning to open
in 1830, and breaking out in 1831), dates ca-
lamitous events to this country, upon which
history cannot shut her eyes, and which would
be a barren relation without the revelation of
their cause. Justice to Mr. ^lonroe (who seemed
to hesitate in the cabinet about the proposition
to censure or punish Gen. Jackson), requires it
to be distinctly brought out that he had either
neyer read, or had entirely forgotten General
Jackson's confidential letter, to be answered
through the venerable representative from Ten-
nessee (Mr. John Rhea), and the production of
which in the cabinet had such a decided influ-
ence on Mr. Calhoun's proposition — and against
it. This is well told in the letter of Mr. Craw-
ford to Mr. Forsyth— i.s enforced in the "Expo-
sition," and referred to in the " correspondence,"
but deserves to be reproduced in Mr. Crawford's

! own words. lie says : •• Indeed, my own vic«<
on the subject liad undergone a material chan-*
I after the cabinet hod l)oen convened. Mr,Ci\llK,v.,
made some allusion to a letter the Geniral lia.l
written to the President, who had forjioiti,,
I that he had received such a letter, hut Kaid if
j he had received such an one, he could find jf
, and went directly to his cabinet and brou;>iit t!if
I letter out. In it General Jackson approve] ci
the determination of the government to break n-,
Amelia Island and Galveston ; and gji^e it al>,j
as his opinion that the Florida.s should be tak' n
by the United States. lie added it mifilit be ;i
delicate matter for the Executive to decide- Lm
if the President approved of it, h.e had only ti
give a hint to some confidential member of Con-
gress, say Mr. Johnny Hay (Khea), and lie wniiM
do it, and take the respon^'bility of it on liim.
self. I asked the Pitoitlent if the letter hai]
been answered. He replied, No ; for that 1;
had no recollection of having received it. 1
then said that I had no doubt that (Jeneral Jack-
son, in taking Pensacola, believed he was diiin^.
what the Executive wished. After that kttir
was produced imansivered I sliould have opiioavi
the infliction of punishment upon the (jleneral,
who had considered the silence of the Prcsiduu
as a tacit consent. Yet it was after this letlir
was produced and read that Mr. Calhoun niailv
his proposition to the cabinet for punishing tliu
General. You may show this letter to .\Ir. Cal-
houn, if you please." It was shown to him bv
General Jackson, as shown in the "correspond-
ence," and in the "Exposition ;" and is only ri-
produced here for the sake of doing justice tc
Mr. Monroe.

CHAPTER LIV.

BKEAKINO UP OF TflE C.\r>INET, AND ArPOIM
MENT OF ANOTIIEE.

Tiife publication of Mr. Calhoun's pamplilet wis
quickly followed by an event which seemed to |
be its natural consequence — that of a brcakinj
up, and reconstructing the President's cabinet,
Several of its members classed as the political j
friends of Mr. Calhoun, and could hardly c.\-|K>ct
to remain as ministers to General Jackson |
while adhering to that gentleman. The Swto j

ary of St^ito, M
™rv of future

ANNO 1831. AXnUKW JACKSON, nil^SIDKNT.

181

wrv of State, Mr. Van IJurtn. was iti the cate-
-.orv of future presidential nf^jiirautH; and in
(liat character obnoxious to Mr. Calhoun, and
l^ame the cause of attacks tij)on the Pn-si-
(ioiit. He determined to resign ; and that de-
itriiiination carried with it the -oluntary, or
olilipitory resipnations of all the other." — e.ich
one of whom publishecl his reasons for his act.
Ml'. Eaton, Secretary at War, placed liia upon
the ground of original disinclination to take the
<ha'. n»d a design to quit it at the first suita-
l,!c moment — which he believed liad now arriv-
1 1. Mr. Ingham, Secretary of the Treasurj',
Mr. Branch, of the Navy, and Mr. IJerrien, At-
liirncy General, placed theirs upon the ground
( tHimpliance with the President's wishes. Of
ilic three latter, the two first classed as the
fiicmis of Mr, Calhoun ; the Attorney General,
m tlii^ occasion, was considered ns favoring
liim, but not of hi.s political party. The unplea-
uiit business was courteously conducted —
iraneacted in writing as well as in personal
;nnTcrsations, and all in terms of the utmost
Iccorum. Far from attempting to find an ex-
•iisc for his conduct in the imputed misconduct
of tlie retiring Secretaries, the President giive
ilii'in letters of respect, in which he bore testi-
mony to their acceptable deportment while
ifsociated with him, and placed the required
resignations exclusively on the ground of ii de-
tonnination to reorganize his cabinet. And,
111 f;ict, that determination became unavoidable
afier the appearance of Mr. Calhoun's pam-
fihlet. After that Mr. Van Burcn could not re-
main, as being viewed under the aspect of
■ MorJecai, the Jew, sitting at the king's yate."
Mr. Eaton, as his supporter, found a reason to
ilo what ho wished, in following his example.
The supporters of Mr. Calhoun, howsoever unex-
ceptionable their conduct had been, and might
be, could neither expect, nor desire, to remain
among the Presidents confidential advisers
after the broad niptui* with that gentleman.
Mr. Barry, Postmaster General, and the first
f that oflBce who had been called to the
;;ibinet councils, and classing as friendly to
Mr, Van Buren, did not resign, but eoon had
his place vacated by the appointment of min-
'.fter to Spain. Mr. Van Buren's resignation
ivas soon followed by the appointment of min-
ister to London ; and Mr. Eaton was made
ilovernor of Florida : and, on the early death

of Mr. I'arry, became his huocess<or nt M>
drill.

Tlie new cabinet was composed of Edwai'l
Livin}:«ti>n of Louisiana, .'"'wrctary of SU\tv\
Louis .McLane of Delaware (n'callod from tlu'
London mission for that purpose), Secretary ot"
the Treasury; Lewis Ca,-s of Ohio, Secretary
at War; Levi Woo<lbury of New Ilampi-hir'',
Secretary of the Navy ; Amos Kendall of Ken-
tucky, Postmaster General; Roger Brooke
Taney of Maryland, Attorney (ieneral. This
change in the cabinet made a great figure in the
party politics of the day, and filled all the opjo-
sition newspajxTs, and had many sinister rea-
sons as.eigned for it — all to the prejudice of
General Jackson, and Mr. Van Buren — to
which neither of them replied, though bavin;:
the ea.sy means of vindication in their hands—
the former in the then prepared " Expositiuir"
which is now first given to the public — the lat-
ter in the testimony of General Jackson, al.>o
first published in this Thirty Ykaks' Vii:w,
and in the history of the real cause of the breach
between General Jackson and Mr. Calhouji,
which the " Exposition " contains. Mr. Craw-
ford was also sought to be injured in the pub-
lished " correspondence," chiefly as the alleged
divulger, and for a wicked purpose, of the pro-
ceedings in Mr. Monroe's cabinet in relation to
the proposed military court on General Jackson.
Mr. Calhoun arraigned him as the divulger of
that cabinet secret, to the faithful keeping of
which, as well as of all the cabinet proceedings,
every member of that council is most strictly
enjoined. Mr. Crawford's answer to this ar-
raignment was brief and pointed. lie denied
the divulgation — affirmed that the disclosure
had been made immediately after the cabinet
consultation, in a letter sent to Nashville, Ten-
nessee, and published in a paper of that city, in
which the facts were reversed — Mr. Crawfonl
being made the mover of the court of inquiry
proposition, and Jlr. Calhoun the defender of
the General ; and he expresed his belief that
Mr. Calhoun procured that letter to be written
and published, for the purpose of exciting Gen-
eral Jackson against him ; (which belief the
Exposition seems to confirm) — and declaring
that he only spoke of the cabinet proposition
after the publication of that letter, and for the
purpose of contradicting it, and telling the fact,
that Mr. Calhoun made the proposition for tha

II:

!ir.X

I .,ft:'>

i.n

•I

' I -■'

1S2

THIRTY YEARS' VIKW.

court, and that Mr. AduniHiuul liiinsulf rcsiste<l,
and defeated it. His words were : '• My apol-
opy for having disclosed what passed in a cjibi-
net meeting, i8thi8: In the summer after that
meeting, an extract of a letter from Washing-
ton was published in a Nashville pai>er, in whicli
it was stated that 1 had proposed to arrest
General Jackson, but that he was triumphantly
defended by Jlr. Calhoun and Mr. Adams.
This letter I have always believed was written
by Mr. Calhoun, or by hia direction. It had
the desired ellect. General Jackson became
extremely inimical to me, and friendly to Mr.
Calhoun, In stating the arguments of Mr.
Adams to induce Mr. Monroe to support Gen-
eral Jackson's conduct throughout, adverting
to Mr. Monroe's apparent admission, that if a
young officer had acted so, he might be safely
piwiished, Mr. Adams said — that if General
Jackson had acted so, that if he liad been a
subaltern officer, shooting was too good for
him. This, however, was said with a view of
driving Mr. Monroe to an unlimited support of
what General Jackson had done, and not with
an unfriendly view to the General. Mr. Cal-
houn's proposition in the cabinet was, tliat
General Jackson should be punished in some
form, I am not positive which. As Mr. Cal-
houn did not propose to arrest General Jack-
son, I feel confident that I could not have made
use of that word in my relation to you of the
circumstances which transpired in the cabinet."
This was in the letter to Mr. Forsyth, of April
iiDth, 1830, and which was shown to General
Jackson, and by him communicated to ^Ir. Cal-
houn; and which was the sreond thing that
brought him to suspect Mr. Calhoun, having
repulsed all previous intimations of his hostility
to the General, or been quieted by Mr. Cal-
houn's answers. The Nashville letter is strong-
ly presented in the " Exposition " as having
come from Mr. vJalhoun, as believed by 3Ir.
Crawford.

Upon the publication of the "correspond-
ence," the Telegraph, formerly the Jackson
organ, changed its couise, as had been revealed
to Mr. Duncanson— came out for Mr. Calhoun,
and against General Jackson and Mr. Van Bu-
ren, followed by all the affiliated presses which
awaited its lead. The Globe took the stand
for which it was established ; and became the
faithful, fearless, incorniptib>. and powerful

supjwrter of General Jackscm and his admi'ii*
tration, in the long, vehement, and evtutm
contests in which he became cnpapcd

CHAPTER LV.

MILlTAi:V AtADKMY.

The small military establishment of tlie Uulu,]
States seemed to be almost in a state of disso!,.
tion about this time, from the frequency of di.
sertion ; and the wisdom of Congress was taxi-.j
to find a remedy for the evil. It could divi-i
no other than an increase of pay to the rank
and file and non-comiuissioned officers ; whid,
upon trial, was found to answer but little imr
pose. In an army of GOOO the desertions win
1450 in the jear ; and increasing. Mr. Macon
from his home in North Carolina, having jii,
attention directed to the subject by the debatit
in Congress, wrote me a letter, in which he Jaiij
his finger upon the true cause of these dci-ir
tions, and consequently showed what should bi
the true remedy. lie wrote thus :

"Why does the army, of Lite years, do.ser
more than formerly ? Because the officers liavt
been brought up at West Point, and not ainii!;;
the people. Soldiers desert because not attacli-
ed to the service, or not attached to the officer?.
West Point cadets prevent the promotion nt
good sergeants, and men cannot like a senia
which denies them promotion, nor like oflicer-
who get all the commissions. The increase f f
pay will not cure the evil, and nothing but pm-
motion will. In the Revolutionary urniy, wi
had many distinguished officers, who eiitertd
the army as privates. "

This is wisdom, and besides carrying convic-
tion for ♦he truth of all it says, it leads to rc-
flectior upon the nature and efl'ects of our na-
tional military school, which extend beyoud
the evil which was the cause of writing it. Since
the act of 1812, which placed this institution
upoii its present footing, giving its students a
legal right to appointment (as constructed and
practised), it may be assumed that there is ndt
a government in Europe, and has been none
since the commencement of the French revolu- 1
tion (when the nobles had pretty nearly a mo- j
nopoly of army appointments), so unfriend!)
to the rights of the people, and giving such uii'

ANNO 1831. ANDREW JACKSOX, I'Ul^SIDKNT.

183

4,;e advantages to some parts of .ho cuinniu
r.tv ovc the rest. Ollicerb -r. v rise from
,iie nnl'B in all the countriea ■ i^urojK; — in
\iijtria, Russia, Prussia, as well c? in (in-at
liritiii", '"f which there are constant and ilhis-
trious examples. Twenty-three marshals of
the empin rose from the ranks — amonjj them
\i.v. .Mass-na, Oudinot, Murat, Soult, Berna-
il,tte. In Great Britain, notwithstanding her
Hoyal Military College, the largest part of the
f.mmissiona are now given to citizens in civil
life, and to non-commissioned officers. A re-
turn lately made to parliament shows that in
tighteen years — from 1830 to 1847 — the number
of citizens who received commissions, was 1,200 ;
the number of non-commissioned officers pro-
moted, was 446 ; and the runibcr of cadets ap-
pointed from the Royal Military College was
4;3. These citizen appointments were exclusive
of those who purchased commissions — another
mode for citizens to get into the British army,
and which largely increases tlie number in that
'lass of appointments — sales of commissions,
with the approbation of the government, being
tiicre valid. But exclusive of purchased commis-
fions during the same period of eighteen years,
the number of citizens appointed, and of non-
wmraissioned officers promoted, were, together,
nearly four times the number of government
cadets appointed. Now, how has it been in our
se,\ije during any equal number of years, or all
he years, since the Military Academy got into
full operation under the act of 1812 1 I confine
the inquiry to the period subsequent to the war of
1()12, for during that war there were field and
aiicral officers in service who came from civil
life, and who procured the promotion of many
tueritorious non-commissioned officers ; the act
not having at first been construed to exclude
them. How many ? Few or none, of citizens ap-
pointed, or non-commisioncd officers promoted
-only in new or temporary corps — the others
I being held to belong to the government cadets.
I will mention two instances coming within
I my own knowledge, to illustrate the difficulty
«f obtaining a commission for a citizen in the
regular regiments — one the case of the late Capt.
Hermann Thorn, son of Col. Thorn, of New-
York. The young man had applied for the place
of cadet at West Point ; und not being able to
obtain it, and having a strong military turn, he
Mught service in Europe, and found it in Aus-

tria; and was admitted ijito a hussar n'pimenl
on the continc'S of Turkey, without coniMii^.-sion,
but with the pay, clolhiii;;, and rutiun of a wr-
poial; with the privilofie of as^'ociiuliig with
olIicLTS, and a right to exjK^ct a comnii.s.sion if
he proved himself worthy. Those ure the i-xact
terms, substituting sergeant for cor|)oral, on
which cadets were rcciived into the army, and
attached to companies, in Washington's time.
Young Thorn proved himself to be worlliy ; re-
ceived the commission ; rose in five years to the
rank of first lieutenant; when, the warbreaklii"
out Iwtween the United States and Mexico, ht)
asked leave to resign, was permitted to do so,
and came home to ask ser^•ice in the regular ar-
my of the United States. His application was
made through Senator Cass and othent, he only
asking for the lowest place in the gradation of
officers, so as not to interfure with the right of
promotion in any one. The application was re-
fused on the ground of illegality, he not having
graduated at West Point. Afterwards 1 took
up the case of the young man, got President Polk
to nominate him, sustained the nomination be-
fore the Senate ; and thus got a start for a young
officer who soon advanced himself, receiving two
brevets for gallant conduct and several wound;?
in the great battles of Mexico ; and was after-
wards drowned, conducting a detachment to
California, in crossing his men over the great
Colorado of the West.

Thus Thorn was with difficulty saved. The
other case was that of the famous Kit Carson
also nominated by President Polk. I was not
present to argue his case when he was rejected,
and might have done no good if I had been, the
place being held to belong to a cadet that was
waiting for it. Carson was rejected because he
did not come through the West Point gate. Be-
ing a patriotic man, he has since led many ex-
peditions of his countrymen, and acted as guido
to the United States officers, in New Mexico,
where ho lives. lie was a guide to the detach-
ment that undertook to rescue the unfortunate
Mrs. White, whose fate excited so much com-
miseration at the time ; and I have the evidence
that if he had been commander, the rescue would
have been eflected, and the unhappy woman
saved from massacre.

This rule of appointment (the graduates of
the academy to take all) may now be considered
the law of the land, so settled by construction

1 ' ,-

. M

'H- :

184

THIUTY YVJiUiV VIEW.

and pcnaf/)rial ncquioficcncc ; and conscfiuently
thill no American citizen is to enter the repilar
nnny e.\cei)t tliroufrh the pate of tlic Unite<l
States Military Academy ; and few can reacli
that pite except throuj^h the wei^lit of a family
eonnection, a political influence, or the instni-
mentality of a friend at court. (Jenius in ob-
♦iciirit y has no chance ; and the whole tendency
of the institution is to make a povcmmcntal, and
not a national anny. Appointed cadet by the
['resident, nominated olTiccr by him, promoted
upon his nomination, holding commission at his
pleasure, receiving his orders as law, looking to
liiin as the fountain of honor, the sourco of pre-
ferment, and the dispenser of aprceable and pro-
iitablc employment — these cadet ofliccrs nmst
naturally feel themselves independent of the
jieoplc, and dependent upon the President ; and
be irresistibly led to acquire the habits and fel-
ings which, in all ages, have rendered regular ar-
mies obnoxious to popular governments.

The instinctive sagacity of the people has
long since comprehended all this, and conceived
an aversion to the institution which has mani-
fested itself in many demonstrations against it
— sometimes in Congress, sometimes in the
State legislatures, always to bo met, and trium-
phantly met, by adducing Washington as the
father and founder of the institution.— No ad-
duction could be more fallacious. Washington
is no more the father of the present West Point
than he is of the present Mount Vernon. The
West Point of his day was a school of engineer-
ing and artillery, and nothing more; the cadet of
his day was a young soldier, attached to a com-
pany, and serving with it in the field and in the
;amp, " with the pay, clothing, and ration of ser-
•eant" (act of 1794) ; and in the intervals of ac-
ive service, if he had shown an inclination for the
profession, and a capacity for its higher branch-
es, then ho was sent, in the " discretion " of the
President, to West Point, to take instraction in
those higher branches, namely, artillery and engi-
neering, and nothing more. All the drills both of
oificer and private — all the camp duty — all the
trainings in the infantry, the cavalry, and the rifle
— were then left to be taught in the field and
the camp— a better school than any academy ;
and under officers who were to lead them into
action- better teachers than any school-room
professors. And all without any additional
expense to the United States.

All was right in the timcof Wa-shinpton. j.,,,'
afterwards, up to the act of 1812. None iH-cam,.
cadets then but those who had a stotnacli f ,f
the ha.'dships, as well as taste for the plea.-iur(?
of a soldier's life — who, like the Yoimg Norv.v
on the Cir.impian Hills, had felt the soldi, r\
blood stir in their veins, and longed to Ic oil t(>
the scene of war's alarms, instead of Rtnndin -
guard over flocks and herds. Cadets wero ni,i
then sent to a superb school, with the cmihi-
ments of officers, to remain four years at public
expense, receiving educations for civil as well av
military life, with the right to have comnii.v-
sions and be provided for by the government ;
or with the secret intent to quit the service a-
soon as they could do better — which most of
them soon do. The act of 1812 did the itii,«.
chief; and that insidiously and by construction,
while ostensibly keeping up the old idea of ca-
dets scning with their companies, and only de-
tached when the President pleased, to get in-
struction at the academy. It runs thus : " Tlie
cadets heretofore appointed in the service of tlit
United States, whether of artillery, cavalry, rifle-
men, or infantry, or maj' be in future appointed
or hereinafter provided, shall at no time exceed
250 ; that they may be attached, at the discre-
tion of the President of the United States as
students to the Militarj' Academy ; and be sub-
ject to the established regulations thereof."

The deception of this clause is in keeping up
the old idea of these cadets being with their
companies, and by the judgment of the Presi-
dent detached from their companies, and attacli-
ed, as students, to the Military Academy. The
President is to exercise a "discretion," by
which the cadet is transferred for a while from
his company to the school, to be there as a stu-
dent ; that is to say, like a student, but still
retaining his original character of quasi officer
in his company. This change from camp to
school, upon the face of the act, was to be, as
formerly, a question for the President to decide,
dependent for its solution upon the militar)-
indications of the young man's character, and
his capacity for the higher branches of the ser-
vice; and this only permissive in the President.
lie "may" attach, &c. Now, all this is illu-
sion. Cadets are not sent to companies, whe-
ther of artillery, infantry, cavalry, or riflemen,
The President exercises no " discretion " about
detaching them from their company and attach

ANNO 1881. ANDREW JU'KSON, I'llESIltENT.

Iftl

5j thoni a." »tiulcnti. Tlii-y arc appointwl as
f indents, and k<» rij;ht oil' to school, and pi-t
(,,iir years' education at the public cxponai'.
whether they have any taPte for military life, or
r„t. That is the first larp;c dea'ption under
the act : others follow, until it in all deception.
Another clau.sc says, the cadet shall '• sipn arli-
f'jij. with the consent of his parent or guardian,
t ) serve five years, unless sooner discharped."
This is deceptive, suggesting a 6er\'ice which has
no existence, and taking a bond for what is not
io bo performed. It is the language of a sol-
'icr's enlistment, where there is no enlistment ;
jnd was a fiction invented to constitutionalize
ilic act. The language makes the cadet an en-
lifted soldier, bound to serve the United States
ihc usual soldier's term, when this paper sol-
ilicr— this apparent private in the ranks — is in
reality a gentleman student, with the cmolu-
iiieiits of an officer, obtaining education at pub-
lic expense, instead of carrying a musket in the
! niilcs. The whole clause is an illusion, to use
Lo stronger term, and put in for a purpose
1 which the legislative history of the day well
exiilains ; and that was, to make the act consti-
I tiitional on its face, and enable it to get through
1 the forms, and become a law. There were mem-
Urs who denied the constitutional right of
Congress to establish this national elcemosy-
:ary university ; and others who doubted the
pulley and expediency of ofiicering the army in
(his manner. To get over these objections, the
telection of the students took the form, in the
statute, of a soldier's enlistment ; and in fact
they sign articles of enlistment, like recruits,
but only to appease the constitution and satisfy
Kfuples ; and I have myself, in the early pe-
riods of my service in the Senate, seen the ori-
final articles brought into secret session and
exhibited, to prove that the student was an
enlisted soldier, and not a student, and there-
ifore constitutionally in service. The term of
[five years being found to be no term of service
|tt all, as the student might quit the service
ithin a year after his education, which many
jofthem did, it was extended to eight ; but still
ithout effect, except in procuring a few years
f unwilling service from those who mean to
'.nit; as the greater part do. I was told by an
iScer in the time of the Mexican war that, of
irtv-six cadets who had graduated and been
oniniiegioned at the same time with himself,

there were only about half a dozen then in ser-
vice ; so th.it this great nntionnl cstuMi.shinciit
is mainly i\ sciiool for the pnituituus eiluoatioii
of those who have intluenco to pet there. The
act provides that tlie«e student.-* are to l)e in-
structed in the lower n.'i well as tiio higher
branche:' of the military art ; they are to [>e
" trained and titight all the duties incident to
a reguhr camp." Now, all this training and
teaching, and regular camp duty, wa.i done in
Washington'-'^ time in the regular ramp itself,
and about as much better done as substance is
better than form, and reality better than imit.i-
tion, with the advantage of training each oftlccr
to the particular arm of the senicc to which he
was to belong, and in which he would be ex-
pected to excel.

Gratuitous instruction to the children of the
living is a vicious principle, which has no foun-
dation in reason or precedent. Such instruc-
tion, to the children of those who have died
for their country, is as old as the first ages of
the Grecian republic.**, as we learn from the
oration which Thucydides puts into the mouth
of Pericles at the funeral of the first slain of
the Peloponnesian war : and as modern as the
present British Mifitary Royal Academy ; which,
although royal, makes the sons of the living
nobility and gentry pay ; and only gives gratu-
itous instruction and support to the sons of
those who have died in the public service. And
so, I believe, of other European military schools.

These are vital objections to the institution ;
but they do not include the high practical evil
which the wisdom of Mr. Macon discerned, and
with which this chapter opened — namely, a mo-
nopoly of the appointments. That ii> effected
in the fourth section, not openly and in direct
terms (for that would have rendered the act un-
constitutional on its face), but by the use of
words which admit the construction and the
practice, and therefore make the law, which now
is, the legal right of the cadet to receive a com
mission who has received the academical diplo
ma for going through all the classes. This gives
to these cadets a monopoly of the offices, to the
exclusion of citizens and non-commissioned offi
cers ; and it deprives the Senate of its constitu-
tional share in making these appointments. By
a " regulation," the academic professors are to
recommend at each annual examination, five
cadets in each class, on account of their particu

-'7

il-i.«-

it '! '

18G

TiiruTV yi:aiis' vikw.

lar merit, w lioin the PriKidi-'nt is to iittacli to
coinpaniij". Tliis fximngi-s the Senate, opens
the ihxir {it tliat favoritism whicli natural \m-
rontfi find it hard to repress anioiip their own
rhildren, and which is proverbial among teach-
ers. By tlie constitution, and for a preat pub-
lic purpose, and not as a privilefre of the body,
tiie Senate is to have an advising and consenting
power over the army appointii;enta : b}- practice
.'ukI construction it is not the President and Sen-
ate, but tiie President and tlie academy who
appoint the oflicers. The President sends the
student to the academy: the academy gives a
di])Ionia, and that gives him a riglit to the com-
mission — the Senate's consent being an obliga-
tory form. 'J'he President and tlie academy
are the real appointing power, and the Senate
nothing but an office for the registration of their
appointments. And thus the Senate, by con-
struction of a stiitute and its own acquiescence,
has ceased to have control over these appoint-
ments : and the whole body of army oflicers is
fast becoming the mere creation of the Presi-
dent and of the military academy. The effect
of this mode of appointment will be to create a
governmental, instead of a national army ; and
the effect of this exclusion of non-commissioned
ollicers and privates from promotion, will be to
degrade the regular soldier into a mercenary,
sei'ving for pay without aflcction for a country
\vliich dishonors him. Hence the desertions
and the correlative evil of diminished enlistments
on the part of native-born Americans.

Courts of law have invented many fictions to
facilitate trials, but none to give jurisdiction.
The jurisdiction must rest upon fact, and so
should the constitutionality of an act of Con-
gress; but this act of 1812 rests its constitu-
tionality upon fictions. It is a iictiou to sup-
pose that the cadet is an enlisted soldier — a
fiction to suppose that he is attached to a com-
pany and thence transferred, in the " discretion "
of the President, to the academy — a fiction to
suppose that he is constitutionally appointed in
the army by the President and Senate. The
very title of the act is fictitious, giving not the
least hint, not even in the convenient formula
of "other purposes " of the great school it was
about to cr.:ite.

It is entitled, "An act making further pro-
vision for the corps of engineers ; " when five
out of the six sections which it contains goto

make further provision for two hundred and ff
ty students at a national military and civil m
versity. As now constituted, our nciuUniv ',
an imitation of the European military .iclii^,i,
which create governmental and not national of.
fleers — which make routine oflicers, but ram, •
create military genius — and which block np i|,
way against genius — especially barefooted i-i-
nius — such as this country abounds in, ai;,i
which the field alone can develope. " My diii.
drcn, " — the French generals were accustonui]
to say to the young conscripts during the licv-
olution — " My children, there are some captains
among you, and the first campaign will show
who they are, and they shall have their places."
And such expressions, and the system in which
they are founded, have brought out the milita.
ry genius of the country in every age and na-
tion, and produced such officers as the schools
can never make.

The adequate remedy for these evils is to re-
peal the act of 1812, and remit the academy to
its condition in Washington's time, and as en-
larged by several acts up to 1812. Then no I
one would wish to become a cadet but he that
had the soldier in him, and meant to stick to
his profession, and work his way up from the
" pay, ration, and clothing of a sergeant," to the
rank of field-officer or general. Struggles for |
West Point appointments would then cease,
and the boys on the "Grampian Hills" would j
have their chance. This is the adequate rmt-
dy. If that repeal cannot be had, then a sui> |
ordinate and half-way remedy may be found i
giving to citizens and non-commissioned officers j
a share of the commissions, equal to what thev
get in the British service, and restoring the
Senate to its constitutional right of rejecting as
well as confirming cadet nominations.

These are no new views with me. I have I
kept oloof from the institution. During the
almost twenty years that I was at the head of
the Senate's Committee on Military Affairs, [
and would have been appropriately a "visitor"
at West Point at some of the annual examina-
tions, I never accepted the function, and have I
never even seen the place. I have been alwajs
against the institution as now established, anil
have long intended to bring my views of it be-
fore the country ; and now fulfil that intem I
tion.

ANNO 18:!1. ANDIIKW JACKSON, rUK-SIUKNT.

187

C II A P T E 11 L V I .

BiNk i)K THE UNITED 8TATES.-NON-IJKNKWAL
OF CUAUTKIC

f:,iiM tliu time of President Jackson's intima-
[ jiis iijrainst the rcchartcr of the IJank, in the
iiiaiial inesaago of 1829, there had been a ceasc-
i,j3 and pervading activity in behalf of tlie
Ikiiik in all parts of the Union, and in all forma
-ill tlie newspapers, in the halls of Congress,
;:i State legislatures, even in much of the pe-
riodical literature, in the elections, and in the
iinciliation of presses and individuals — all con-
l;cted in a way to operate most strongly upon
ihe public mind, and to conclude the question
a the forum of the people before it was brought
I forward in the national legislature. At the
same time but little was done, or could be done
I oil the other side. The current was all setting
iiie way. I determined to raise a voice against
I it in tiie Senate, and made several efforts be-
f ,n' I succeeded — the thick array of the Bank
friiiidd throwing every obstacle in my way, and
iven friends holding me back for the regular
course, which was to wait until the application
f r tlie renewed charter to be presented ; and
then to oppose it. I foresaw that, if this course
was followed, the Bank would triumph with-
lout a contest — that she would wait until a
I majority was installed in both Houses of Con-
Ifress— then present her application — hear a few
[barren speeches in opposition ; — and then gal-
op the renewed charter through. In the session
luf 1830, '31, 1 succeeded in creating the first op-
|p')rtunity of delivering a speech against it; it was
I (lone a little irregularly by submitting a nega-
Itive resolution against the renewal of the char-
Itcr, and taking the opportunity while asking
[leave to introduce the resolution, to speak fully
lajainst the re-charter. My mind was fixed up-
lon the character of the speech which I should
Imake— one which should avoid the beaten
racks of objection, avoid all settled points,
avoid the problem of constitutionalitj'^ — and
ta»e up the institution in a practical sense, as
piaving too much power over the people and the
government,— over business and politics — and
^ io much disposed to exercise that power to the
)icjudicc of the freedom and equality which
kiiould prevail in a republic, to be allowed in

cxiMt in tiur country. Hut I knew it \\m nol
sufticient to |)ull down: we muHt build up also
The men of IHIl had commit te<l ii fat.il (iior,
when most wisely refusing to ri-cliartir llie in-
stitution of that day, they fulled to provide a
substitute for its currency, and fill butk upon
the local banks, whose inade(|uacyt<|)ee(iily nuule
a call for the re-cstablishnicnt of a national
bank. I felt that error must be avoided — that
another currency of general circulation must bo
provided to replace its notes ; and I saw that
currency in the gold coin of the constitution,
then an ideal currency in the United States,
having been totally banished for many years by
the erroneous valuation adopted in the time of
Gen. Hamilton, Secretary of the Treasury. I
proposed to revive that currency, and brought
it forw^ard at the conclusion of my first siieech
(February, 1831) against the Bank, thus:

" I am willing to see the charter expire, with-
out providing any substitute for the present
bank. I am willing to see the currency of the
federal government left to the hard money
mentioned and intended in tiio constitution ; I
am willing to have a hard money government,
as that of France has been since the time of
assignata and mandats. Every species of pa-
per might be left to the State authorities, un
recognized by the federal government, and only
touched by it for its own convenience when
equivalent to gold and silver. Such a currency
filled France with the precious metals, whei'
England, with her overgrown bank, was a prey
to all the evils of unconvertible paper. It fur-
nished money enough for the imperial govern-
ment when the population of the empire wjia
three times more numerous, and the expense
of government twelve times greater, than the
population and expenses of the United States ;
and, when France possessed no mines of gold or
silver, and was destitute of the exports which
command the specie of other countries. The
United States possess gold mines, now yield-
ing half a million per annum, with every pros-
pect of equalling those of Peru. But this is
not the best dependence. We have what is su-
perior to mines, namely, the exports which com-
mand the money of the world ; that is to say,
the food which sustains life, and the raw mate-
rials which sustain manufactures. Gold and
silver is the best currency lor a republic; it
suits the men of middle property and the work-
ing people best ; and if I was going to establish
a working man's party, it should be on the ba-
sis of hard money: — a hard money party,
against a paper party."

In the speech which I delivered, I quoted co-
piously from British speakers — not the brilliant
rh«toriciaQS, but the practical, sensible, upright

•i(>-

k I

188

Tinnrv ykaiw vikw.

business men, to whom roiintricH arc iiRiially in-
(lehU!(l for all lx.'noficinl lopslation : the Sir Hen-
ry I'arnellH, the Mr. Joseph lIiimeH, the Afr.
Kdwnnl Kllices, the Sir AViiliam Pulteneys; and
men of that class, lesislating for the jimctical
concernH of life, and nicrjiing the orator in the
umn of biiRiness.

THE SPEECH— EXTIUCTS.

" Mr. Uenton commenced his speech in sup-
port of the application for the leave he was about
tr) ask, with a jiistilication of himBelf for brinping
forward the (piestion of renewal at this time.
M-hen the charter had still live years to run ;
and bottomed his vindication chielly on the
ri}i;ht he possci^ged, and the necessity ho was un-
der to answer certain reports of one of the com-
mittee of the Senate, made in opposition to cer-
tain resolutions relative to the bank, which he
had submitted to the Senate at former sessions,
and which reports ho had not had an opportunity
of answerinn:. He said it had been his fortune,
or chance, some three years apo, to submit a rc-
sohition in relation to the undrawn balances of
j)nblic money in the hands of the bank, and to
accompany it with some poor remarks of unfa-
vorable implication to the future existence of
that institution. My resolution [said Mr. IJ.]
was referred to the Committee on Finance, who
made a report decidedly adverse to all my views,
and eminently favorable to the bank, both as a
present and future institution. This report came
on the 13th of May, just fourteen days before
the conclusion of a six months' session, when all
was Imrry and precipitation to terminate the
business on hand, and when there woi; not the
least chance to engage the attention of the Sen-
ate in the consideration of any new subject.
The report was, therefore, laid upon the table
tmanswered, but was printed by order of the
Senate, and that in extra numbers, and widely
dili'used over the country by means of the news-
paper press. At the commencement of the next
session, it being irregular to call for the consid-
eration of the past report, I was under the ne-
cessity to begin anew, and accordingly submitted
my resolution a second time, and that quite
early in the session ; say on the first day of
January. It was my wish and request that this
resolution might bo discussed in the Senate, but
the sentiment of the majority was diflerent, and
a second reference of it was made to the Finance
Committee. A second report of the same purport
with the first was a matter of course ; but what
did not seem to me to be a matter of course was
this ; that this second report should not conie
in until the 20th day of February, just fourteen
days again before the end of the session, for it
was then the short session, and the Senate as
nnich pinched as before for time to finish the
business on hand. No answer could be made to
it, but tlie report was printed, with the former
(vj'ort iipjK'.i led to it; and thus, united like the

Siamese twins, and with the apparent, hut ti.<|
j real sanction of the Senate, they wint forth i.,
j gether to niake the tour of llie I'niim in the (,'
lunins of the newsjtaper press. Tims J wii,
second time out of court; a second tiinen,,, .
suited for want of a replication, wlitn \\x\\
was no time to file one. I had intended to U,!
gin dv. vovn, and for the third time, at the (iu\,.\
ing of the ensuing session; but, hap|)ily, was ai,.
ticipated and prevented by the anmial nits>a ,.
of the new President [General Jackson], whiclil
brought this question of renewing the Lai:kl
charter directly before Congress. A refereiiiil
of this j.art of the message was made, ofcourn f
to the Finance Committee : the c(ininiili«.. of |
courfc, again reported, and with increased ariliH
in favor of the bank. Unhappily this third n!
port, which was an amplification and reiteration i
of the two former, did not come in until the ntfA
sion was four months advanced, and when tliJ
time of the Senate had become engrossed, and iisl
attention absorbed, by the numerous and impor.l
tant subjects which hod accumulated upon thel
calendar. Printing in extra numbers, penei-aj
circulation through the newsjjaper press, and r.ol
answer, was the catastrophe of this third riftt.[
ence to the Finance Committee. Thus was l|
nonsuited for the third time. The fourth ses- 1
sion has now come round ; the same subject isl
again before the same committee on the refer- 1
ence of the part of the President's second annual I
message which relates to the bank; and,douljt-|
less, a fourth report of the same import with the I
three preceding ones, may be expected. i\A
when ? is the question. And, as I cannot answtrl
that question, and the session is now two thirds!
advanced, and as I have no disposition toleocti
oft' for the fourth time, I have thought proper tol
create an occasion to deliver my own sentiments,!
by asking leave to introduce a joint resolutioa!
adverse to the tenor of all the reports, and til
give my reasons against them, while supportiii»|
my application for the leave demanded; acour«!
of proceeding which is just to myself and unjust!
to no one, since all are at liberty toan&wcrnu.!
These are my personal reasons for this step, and}
a part of my answer to the objection that 1 have!
begim too soon. The conduct of the bank, and!
its friends, constitutes the second branch ofu
justification. It is certainly not ' too soon' fori
them, judging by their conduct, to cngajre intlitf
question of renewing the bank charter. In andl
out of Congress, they all seem to be of one ac-|
cord on this point. Three reports of commii-f
tecs in the Senate, and one from a committee cfl
the House of Kepresentatives, have been madel
in favor of the renewal ; and all these r'~pcrts,l
instead of being laid away for future ".se-iEr
stead of being stuck in pigeon holes, anu labeiyl
for future attention, as things coming forth pre-l
maturely, and not wanted for present serrio-l
have, on the contrary, been universally receiTej||
by the bank and its friends, in one great tenipc'l
of applause ; greeted with every species of ui
clamatiou ; reprinted in most of the papers, dl

Ihe Uiiitcrt oiutes, .
lad as far back as 18
"before its expiration,
Fi>s debated, and thi

ANNO 1831. AXDRKW .I.\( KSoN. IMtlXIDKNT.

18&

^ry iir<.rt mafle to give the wiriest ditrtiRion,
^y\ ttie lii);hest cti'fct, to the nrjiiimcnts tlicy
{O'ltaiii. In adUitiuii to thin, and nt the prcNont
f,~.-i\i)n. within a few days past, three thousand
,„|,i,-i of the cx|)oaition of the affairs of the Hank
l^n' l*'^'" printetl by ortler of tiio two Houses, a
;hiii? nwiT before done, and now intended to bla-
I i ,„ tlio merits of the bank. [.Mr. Smith, of Mary-
'„iJ hoic expressed some dissent to this state-
I ^^nt ; li'it Mr. H. alllrmed its correctness in r\i1>-
ttmco if not to the letter, and continue*!.] This
(i,xs not look (»s if the bank advocates thought
,; iva-s l(ii> mxiii to discuss tlie question of rencw-
I in; the cliarter ; and, upon this exhibition of
thiir sentiincnts. I shall rest the assertion and
iho [To*''^! that they do not think so. The third
bniieti of my justiHcatiou rests upon a sense of
public tluty ; upon a sense of what is just and
jilvantajrcous to tiie people in general, and to the
itbiors and stockholders of the bank in particu-
I lar, The renewal of the charter is a question
shicli concerns the jicoplo at larf;e ; and if they
tre to linve any hand in the decision of this ques-
,i^[,_if tliey are even to know what is done be-
fore it is done, it is hiph time that they and their
repreicntntivcs in Conj^ress should understand
Lafh otiier's mind upon it. The charter has but
jVive years to run ; and if renewed at all, will
I piobibly be nt some short period, say two or
three years, before the time is out, and at any
I tune sooner thtit a chance can be seen to gallop
|t!ie renewal through Congress. The people,
therefore, have no time to lose, if they mean to
I hive any hand in the decision of this great ques-
|ti,in, To the bank itself, it must be advantage-
|,iiij, at least, if not desirable, to know its fate at
iRie. that it may avoid (if there is to be no re-
Inowal) the trouble and expense of multiplying
Imnclies upon the eve of dissolution, and the
|ri-k and inconvenience of extending loans be-
jyoiul tlie term of its existence. To the debtors
I iipon" mortgages, and indefinite accommodations,
lit must be also advantageous, if not desirable, to
Ik notified in advance of the end of their in-
Iduljrences ; so that, to every interest, public
lind private, political and pecuniary, general
lind particular, full discussion, and seasonable
Idecision, is just and proper.

•I hold myself justified, Mr. President, upon
Ithe reasons given, for proceeding in my present
npplicstion ; but, as example is sometimes more
uthoritiitive than reason, I will take the liberty
Ito produce one, which is as high in point of au-
thority as it is appropriate in point of applica-
tion, and which happens to fit the case before
Ithe Senate as completely as if it had been made
■or it. I speak of what has lately been done in
the Parliament of G reat Britain. It so happens,
Ihat the charter of the Bank of England is to
pxpire, upon its own limitation, nearly about
^» time with the charter of the Bank of
Ihe United otutes, namely, in the year 1833 ;
jiad as far back as 1824, no less than nine years
*fore its expiration, the question of its renewal
debated, and that with great freedom, in

the British llottso of Commons. I will read
some extracts fmm that dilmle, as the fain-t
wav of pn-senting the examjile {<> the Sennti'.
and the most effectual miMJe of securing t"> my-
self the adv.intage of the henlimeiits expie.-.-^ed
by British statesman.

77ie Kjtriiftn.

"'Sir Henry Parnell. — The House should no
longer delay to turn its attention to the exjH'-
diency of renewing the charter tif the Bank of
England. Heretofore, it had Wen the regular
custom to renew the charter several years bit'oro
the existing charter had expired. The last re-
newal was made when the existing charter luul
eleven years to run : the i)resent charter had
nine years only to continue, and ho felt very
anxious to prevent the makingof any agreement
between the government and the bank for a re-
newal, without a full examination of the policy
of again conferring upon the Bank of Kngland
any exclusive privilege. The practice had been
for goveinment to make a secret arrangement
with the bank ; to submit it immediately to
the proprietors of the bank for their approba-
tion, and to call upon the House the next day
to confirm it, without alT -ding any opportunity
of fair deliberation. So much information had
been obtained upon the banking tiade, and upon
the nature of currency in the last fifteen years,
that it was particularly necessary to enter upon
a full investigation of the policy of renewing the
bank charter before any negotiation should bo
entered upon between the government and the
bank ; and he trusted the government would not
commence any such negotiation until the seni;o
of Parliament had been taken on this imjjortant
subject.'

" ' Mr. Hume said it was of very great impor-
tance that his majesty's ministers should take
immediate steps to free themselves from the
trammels in which they bad long been held by
the bank. As the interest of money was nosv
nearly on a level with what it was when th>3
bank lent a large sum to government, he hope J
the Chancellor of the Exchequer would not lis-
ten to any application for a renewal of the bank
charter, but would pay oft' every shilling that
had been borrowed from the bank. ♦ ♦ ♦ * *
Let the country gentlemen recollect that the
bank was now acting as pawn-broker on a largo
scale, and lending money on estates, a system
entirely contrary to the original intention of
that institution. ****** He hoped, before
the expiration of the charter, that a regular in
quiry would be made into the whole subject. '

"'Mr. Edward Ellice. It (the Bank of Eng*
land) is a great monopolizing body, enjo)'ing
privileges which belonged to no other corpora-
tion, and no other class of his majesty's sub-
jects. *♦♦•*** He hojied that the exclu-
sive charter would never again be gmntrd ; and
that the conduct of the bank during th' last ten
or twelve years would make goveinm t very

It !^

100

TIIIR'n' YK.\ns' VIKW.

cnutioiiH how tliPV ontertninHl any Mirh firopo- [
(■itiniiH. Tin- rijrfit iKinorHhlf ("lmnr«ll<>r of ihi* j
Kxchi()iKr[.Mr. KohiiiHon] liml jirotoHU'd atriiinxt j
tlif idia (if htniiniiip any lioiiit to the pri;jii<liw! i
of the Imiik ; hf tlioiij:lt, howi-vcr, tlmt the Imnk
Imd very littlf to coinj tin of, when tlitir Kt(K;k,
nftor nil their jmst |)ro(itH, was at liitM.'

"'Tlie Chniicellor of tlio Kxchefpior deprc-
catcd tho diuc'UKHion, as IcudiiiK to no iiractical
result.'

'• • Mr. Alexander Barinp objected to it as
jircniature and unnecessary.'

"Sir William I'ulteney (in another debate).
The prejudices in favor of the precent bank
liave jtroieeded from tho long habit of consider-
luji it as a sort of pillar which nothing can
Bhuke. ♦ ♦♦*♦♦* xhc bank lias
been supported, and is still supported, by tho
fear and terror which, by means of its mono-
•,)oly, it has had the power to inspire. It is
weil known, that there is hardly an extensive
trader, n manufacturer, or a banker, either in
London, or at a distance from it, to whom the
bank could not do a serious injury, and could
often briufr on oven insolvenc}'. * ♦ ♦ * *
I consider the power given by the monopoly to
be of the nature of all other despotic jKiwer,
which corrupts the despot as much as it cor-
nipts the slave. ♦ ♦ * ♦ * * It is in
the nature of man, that a monopoly must neces-
sarily be ill-conducted. ♦****♦*
AVhatever language the [private] bankers may
feel themselves obliged to hold, yet no one can
believe that they have any satisfaction in being,
and continuing, under a dominion which has
proved so grievous and so disastrous. * * *
♦ * * I can never believe that the mer-
chants and bankers of this country will prove
unwilling to emancipate themselves, if they can
do it without risking the resentment of the
bank. No man in France was lieard to com-
plain, openly, of the Bastile while it existed.
The merchants and bankers of this country
have the blood of Englishmen, and will be hap-
py to relieve themselves from a situation of
perpetual terror, if they could do it consistently
with a due regard to their own interest.'

"Hero is authority added to reason — the force
of a great example added to the weight of un-
answerable reasons, in favor of early discussion ;
60 that, I trust, I have eflectually put aside that
old and convenient objection to the ' time,'
that most iiexible and accommodating objection,
which applies to all seasons, and all subjects,
and is just as available fur cutting off a late de-
bate, because it is too late, as it is for stifling an
early one, because it is too early.

'* But, it is said that the debate will injure
the stockholders 5 that it depreciates the yalue
of their property, and that it is wrong to sport
with the vested rights of individuals. This
complaint, supposing it to come from the stock-
holders themselves, is both absurd and ungrate-
ful. It ' ^ absurd, because the stockholders, at
feast sc many of them as are not foreigners,

mnot have known when they acrcptcd nrhnn .
of limited duration, that the nppn.nrti „f .,
expiration would renew the debitt(> niKin it*

f)r<)priety of its exixtcnce ; that every riti/p'
lad a right, and every public man wii.t on.u
an obligation, to de<*laro his HontimcntN ftccl!.
that there was nothing in the charter, nninp'
roil H as its pwruliar privileges were, to exc,,,,!
the bank from that freedom of sjHjech nnr| wr ,
ing, which extends to all our pulilic altuir."
and that the charter was not to W rcnoHi,!
here, us tho Bank of England charter had f,!r.
nierly been renewed, by a private armnptnifntl
among its friends, suddenly produced in Cmi.
gress, and galloped through without the know J
ledge of the country. Tho American pnrt .fl
tho stockholders (for 1 would not reply tn tin.
complaints of the foreigners) must linve kiKmn
all this; and known it when they accepted tlel
charter. They accepted it, subject to tluH know n I
consequence; and, therefore, the cninplaintl
about injuring their property is absurd. T| ,t|
it is ungrateful, must be apparent to all wlml
will reflect upon the great privileges whichl
these stockholders will have enjoyed for twcntvl
years, and tho large profits they have nlrtadVl
derived from their charter. They have wA
dividing seven per cent, per annum, nn'eiis vrlnnl
prevented by their own mismanagement ; nii'il
have laid up a real estate of three millions ( r|
dollars for future division; and the nionevl
which has done these handsome things, inMiaiil
of being diminished or impaired in the process f
is still worth largely upwards of one hundri I
cents to the dollar : say, one hundred and twcnJ
ty-five cents. For the peculiar privileges ivhifM
enabled them to make these profits, the ftooki
holders ought to bo grateful : but, like nil perl
sons who have been highly favored with nndiiJ
benefits, they mistake a privilege for a right-
favor for a duty — and resent, as an attack npnij
their property, a refusal to prolong their undurf
advantages. There is no ground for these coral
plaints, but for thanks and benedictions rnthirj
for permitting the bank to live out its nunibtrJ
ed days! That institution has forfeited itJ
charter. It may be shut up at any hour. lij
lives from day to day by the indulgence of tho>(
whom it daily attacks ; and, if any one is ifriK,
rant of this fact, let him look at the case of
Bank of the United States against Owens anl
others, decided in the Supremo Court, and rel
ported in the 2d Peters. I

" [Here Mr. B. read a part of this case, fliovrJ
ing that it was a case of usury at the ratt (f
forty-six per cent, and that Mr. Sergeant. cou&
sel for the bank, resisted the decision of \hi
Supreme Court, upon the ground that it wotill
expose the charter of the bank to forfeiturel
and that the decision was, nevertheless, givei
upon that ground ; so that the bank, being m
victed of taking usury, in violation of its chai
ter, was liable to be deprived of its charter, 1
any time that a scire facias should issue agalDd

it.3

ANNO 1H!)I. ANltUKW JAi'KSuN. I'UKsinr.NT.

i:»i

-Mr. H. rt'siitiM'<l. Ikfort* I pr<ioc-o(l to the
j.n^^Klcnitinii 111" tlu' n'siilution, 1 winli to U' in-
til^Til ill lulvcrtiii); to » rule or priiiriple of I
ni;liaiiH'iil"0' pnu'lice, which it in only iuhx'h-
Lv til I't'.ul now ill onltT to avoid thi- pooni-
1 iitv «'' ""y "I'ci'Kf'ity for n-ciirriiij; to it honi-
,Vr. " '■* '''^' ''"''^' ^*hicli forl)i(lrt iiiiy iiuinhcr
,,U. |iivseiil — whifh, in fact, rf(|iiiri'H him to
fiili'lraw — (liiriiifj thu discusMion of uny (pii's- |

iiiiiwltirh liis private intcruHt may l)f con-

I ^j^ii'il; and aiithori7A>.4 the c.xpiirpiitioii from

[11. Jouriiul of any vote which may Imve fwcn

ivdi tiiKlcr the predicament of an interested
liiitivo. I demand tiiat the Secretary of the
finite uriy read the rule to w hich I allude.

• [ riic Secretary read the following rule :]

"Where the private interests of a iiK'nitier

I jrc concerned in a bill or question, ho is to

fithdraw. And where such an interest has

I j,,ji,.an'<l, his voice has been disallowed, even

liter a division. In a ease so c(mtrary, not only

I lo the liiws of decency, but to the fundamental

1 principles of the social compact, which denies

Iwanv innn to be a judge in his own cause, it is

f,,r the honor of the House that this rule, of

I amimorial observance, should bo strictly od-

•rirsi : Mr. President, I object to the renewal
i the charter of the Bank of the United States,
Yx-cmsQ I look upon the bank as an institution
Itoogiviit and powerful to be tolerated in a gov-
Ifniment of free and equal laws. Its power is
llhat of the purse ; a power moro potent than
Ithit of the sword ; and this power it possesses
Ito a degree and extent that will enable this
Ibink to draw to itself too much of the political
Imer of this Union ; and too much of the in-
Idiudual property of the citizens of these States.
|IW money power of the bank is both direct
liiid indirect.

•■[The Vice-President here intimated to Mr.

iBenion tliat he was out of order, and had not a

Iridit to go into the merits of tho bank upon

Ithc motion which he had made. Mr. Benton

■ed pardon of tho Vice-President, and re-

■ctfully insisted that he was in order, and had

trifht to proceed. He said ho was proceeding

on the parliamentary rule of asking leave to

Inng in a joint resolution, and, in doing which,

cliida right to state his reasons, which rea-

constituted his speech ; that the motion

In^ debatable, and the whole Senate might

L*wcr him. The Vice-President then directed

lir. Benton to proceed.]

F "Mr. B. resumed. ITie direct power of the

; is now prodigious, and in the event of the

rrewal of the charter, must speedily become

uiindless and uncontrollable. The bank is now

Bthorized to own eflects, lands inclusive, to the

mount of fifty-five millions of dollars, and

issue notes to the amount" of thirty-five

^llions more. This makes ninety millions ;

piin addition to this vast sum, there is an

Ming for an unlimited increase : for there is

fdispensation in the charter to issue as many

more iiot<"< n* ( 'oiiirn'o*. by lnw. nmy |xTtii>.
'I'hin o|n'iii< till- door to boiiiiilli""" (■iiii^:«ioii.'» ; lor
what can In- ii\ort> iiidioiiiiclcd than tlii< will niid
pli'iwiiri' of hiircc-isive C'oiigrt'HMfs ? The imli-
reet power of ll,'- bank cannot 1h' ntutcd in li;.*-
iiri'rt; but it can bo shown to U- iiniiit'iise. In
the llivt place, it has the kci-jiiiig of (lu> public
nioney.4, now iiiiiniiiitiiig to twciity-.'-ix niillioni
jK'r Hiinuni (the I'ont Ollice liepartiiieiit in-
cluded), siiiil the gratuitous uhc of the undraw ii
balaiiceH. hujre enough to count ilute, in them-
KclveH, the capital of a great State bank. In
the next place, its proniisKory notes are ntviv-
able, by law, in purchase of all projierty owned
by tho Unitecl States, and in payment of all
debts due them ; and this may increase its
power to the amount of the annual revenue, by
creating a demand for its notes to that amount.
In the third place, it wears the name of the
United States, and lia.s the federal government
for a partner; and this name, and this partner-
ship, identities the credit of the bank with the
credit of the Union. In the fourth place, it is
armed with authority to disparage and discred-
it the notes of other banks, by excluding them
from all payments to the United States ; and
this, added to all its other powers, direct and
indirect, makes this institution the uncontroll-
able monarch of the moneyed system of the
Union. To whom is all this power granted? To
a company of private individuals, many of them
forei'rners, an(l the mass of them residing in a
remote and narrow corner of the Union, uncon-
nected by any sympathy with the fertile regions
of tho Great V^alley, in which the natural power
of this Union — the power of numbers — will be
found to reside long before the renewed term
of a second charter would expire. By whom
is all this power to be exercised 1 By a direc-
tory of seven (it may be), governed by a major-
ity, of four (it may be); and none of these
elected by tho jicople, or responsible to them.
Where is it to be exercised? At a single city,
distant a thousand miles from some of the
States, receiving the produce of none of them
(except one) ; no interest in the welfare of any
of them (except one) ; no commerce with the
people ; with branches in every State ; and every
branch subject to the secret and absolute orders
of tho supreme central head : thus constituting
a system of centralism, hostile to the federative
principle of our Union, encroaching upon tho
wealth and power of the States, and organized
upon a principle to give the highest efi'ect to the
greatest power. This mass of power, thus con-
centrated, thus ramified, and thus directed, must
necessarilj' become, under a prolonged existence,
the absolute monopolist of American money, the
solo manufacturer of paper currency, and tho
sole authority (for authority it will be) to which
the federal government, the State governments,
tho great cities, corporate bodies, merchants,
traders, and every private citizen, must, of ne-
cessity apply, for every loan which their exigen-
cies may demand. ' The rich ruletli the poor,

I >

'=^ ' i>!

Vj2

TIUKTV vi.Mtv vir.w.

mill till' lM)rri)uir In tlic MTvant of tha Icmlrr.'
Nik li iiri' tli<' Morel, nf lldy Wiit ; aiiii if tln'
Miitliority »( till' Itiliji' niliiiitti'il iirnirri'li'irntiiiii,
tilt' liiNtnrv i>t'(li<' wi>rli| i^ iit liii(i>l to fzwr it.

J/Ut I Mill IKit litr llu' lli'ti'l'V <'l'llli' Miillil. Illlt

iiiif cniiiiriit I'MiiiipIc only, uihI lliiil iifn iiiiturc
h'l lii;;li iiinl ('uiiiliimiiiilii;, us to ilii'lmli' all otlirrs;
mill Ml iir;ir .'iri'l ivt'i'iit, iik to l>i' ilin rtly ii|ijili-

r.'ililt' t ir o\Mi hitiititimi. I t^jii'iik of uiiiit

liii|i|it'iii'i| ill (ii'i'.'it itritnin, in tin- year I7'.'''>,
when till' Matik of I'iti^'laiiil, l>y u luiit' ami iiii-
(■(Tiiiioiiii,!!.^ I( (Icr to .Mr. I'itt, siirli a-te iti* om'M interest, in ii
erisi^ of iiatioiial alarm ami iliilienlty. I will
read tlie litter. It i« i'.\c'eedin(.''ly hliorf ; for
lifter till' (•om|ilimeiit< arc omitted, tliiTe are Imt
tliiee lines III it. It in, in fart, alioiit uh Imi!; as
a sentence of e\( eiition. leaviii;,' out the jirayer
«d' tlie jud^re. It runs tlms:

'"It is the wish of the Court <if DirectoiH that
the C'haneellor of the Kxcheiiuer woiilil nettle
his arrangements of iinanees lor the present
year, in hiu'Ii mnniur as luit to dejiend upDnany
further assistaneo from tlicm, Wyond what is
already agreed for.'

"Such were the word.s of tlii.s memorable
note, siilllciently explicit and intellinilile; but
(1) appreciate it fully, wc must know what waa
the condition of (ireat Britain at that time?
Kcmcmber it wa.s the year 171*'), and the bejrin-
ifniK of that year, than which a more porten-
tous one never ojiened xijion the British om-
jiire. The war witli tiie French ivpublic Im I
lieen raping for two years ; Spain had just de-
clared war against (ireat Britain; Jnland was
bursting into rebellion; the fleet in llio Non
waa in open mutiny ; and a cry for the reform
of abuses, and tlie reduction of ta.\es, resounded
through the land. It was a season of alarm
and consternation, and of imminent actual danger
to Great ISritain; and this wa.s the moment
which the Bank selected to notify the minister
that no more loans were to be expected ! AVlmt
was wie ellect of this notification? It was to
pandyzo the government, and to siibdue the
minister to the purposes of the bank. From
that day forth Mr. Pitt became the minister of
the bank; and, before two years were out, he
had succeeded in bringing all the departnmts
of government, King, Lords, and Commons, and
*ho Privy Coinicil, to his own slavish condition.
He stopped the specie payments of the bank,
and made Us notes the lawful currency of the
land. In IV'T he obtained an order in council
for this pnv,50be ; in the same year an uct of
parliament c ■ cr'dinn the order for a month,
and afterwar..s «eries of/xcts to continue it for
twenty ymv^, ''iii.i w .^ the reipr of the bank.
For twenty -■tars it -as a domi.'iant power in
England ; a, id, dunr, • that disasti i. us period, the
public del-t was u.", cased aboui £400,0UO,000
sterling, eijiial nearly to two thousand million.*
of dollars, and that by paper loans from a j

Itnnk which, acrordinir to its own di(lnr«i^. ,,
hiid not n Khillii .- to Imd nt the comnu ncu^ii
• if tin- fierioil ! I oinit the rest. I •-av ni.tlm
of the );enernl snl jiigation of the ti ititry Im,;,
the rise in the price of food, the decliiii- m „,
the iner«'H.''e of <'rimi's nnd tn-xes, ilii. inuli .1
ration of lonis and l.e^gars, and the friu'liin 1,,..
inomlizntionof Hociety. 1 omit nil /In-, l,, 1
Kt'i/.e the pnitninent llpire in the pir'iih> \\.,
of a government arivsted in the midst irj > J ,
and danger by the veto of a moneyed enrp,!,.
tion ; and only |H'nnitted to go on u|H)n cniii
tion of assuming the odium of f<tiip[iiii;r ^|,,!
jmyments, and sustaining the promissury ||,,|,,
of an insolvent bunk, as the lawful cunt'in
of the land. 'J'his single feature sullices t,, j^ I
the character of the times; for when the ,,,,^.
ernment liecomes the 'nervantof the lcni!(r'
the [leople themselves Iiecome its slaves, t'uhni 1 1
the Hank of the L'nited States, if re-clmrtin,
act in the same way? It certainly nan, n
just as certaii\ly will, w hen time and ojipi r
nity shall serve, and interest may (roiuhi.
is to no pnrpoKo that gentlemen rn.iv coinof,,. |
uard, nnd vaunt the character of the I'niii,]
States Bank, and proclaim it too just nnd imr-
ciful to oppress the etate. I nuist lie jitmiit.
ted to repudiate both the jilcdge ami the iinii-i.
The security is insufllcient, and the encomium I
belongs to C'onstnntinojile. There were ciinn.ii |
such in the British Parliament the j ear lii'liiri..
nay, the day before the bank stojiped ; yet tlur |
pledges and praises neither prevented the 6ti|,.
page, nor made good the damage that en^iiiii!.
There were gentlemen in our Congress to [ijiila |
themselves in 1810 for the then expiring lianl,
of which the one now existing is a second m, i 1
deteriorated edition ; and if their sccHrity!<lii|i
had been accepted, and the old bank re-clwrtir-
ed, wc should nave seen this government prot- 1
ed with a note, about August, 1814 — about tLi |
time the British were burning this cnpitol— if
the same tenor with the one received by i^. I
younger Pitt in the year ITUS ; for, it is iiicnn-
testable, that that bank was owned by men wU
would have glorified in arresting the povcni- 1
ment, and the war itself, for want of nioiiev, [
Happily, the wisdonj and patriotism of Jetlir-
son, under the providence of Ood, preventdl
that infamy and , .1., Ii^'- pr venting tliens|
newal of the old bank cUn.l. r

^^ Secondly. I ( Ji'ut to i »u 1 1 unuancot
bank, because it- > ; l,,,jie8 are dangerous ami I
pernicious to the government and the people."
' "What are the tendencies of Ji great nioneuil
power, connected with the government, and I
controlling its fiscal operations ? Alt' they nil I
dangerous to every interest, public and privaiM
— political as well as pecuniary ? I say th(t [
are ; and briefly enumerate tlie heads of eaci |
mischief.

" 1. Such a bank tends to subjugate the gor I
ernment, as I have already shown in the lii.'ti)
ry of what happened to the British minister ii|
the yenr 1795.

-1 It tpndu to

(mimnt nnd the li
i4hft<ils'fn fii'vi.ji
,'ntiiN updi lu) I
u.inji'pttiailin^', call
nhK'h llie ,'TKTerni
,,|. U'canie liable ti
•,l. It tends to CI
;n; tiiililic louns,
<.i|i|ilii'« I't' paiH'r,
Ihi' llriti-h del.t is
liiiil. That b.'uik
tti niitliing inure
ih.in un act of 1'
I ritiim of II I imp If
irimieiit lo I /I. T
the in.v r. 1 ^ A()i\
B :',.i,'i.'nieh. jL I I'l

iiiii i^rigiii. the ^■
Nf'. «•■ ' k i.„
fiiiiled iti 11.S inclii
i.njt of £M',(H)0,f)i
I mniwl mai)a;;emenl
"4. It fi'mlstolx")
utim, by fiirnishing
I iiinvithoiit recurren
;s the re 'dy examp
war* for the restorai
wre kept up by loai
ofbank p.iiKT. The
interest in these um
j£(;(iO,0<J(l,(JOO of del
I idilition to the siipp
I The kings she put bi
I vm not able to sit
Ion; twice they turn
I ill that now remain
land money is, the
■ li.xes, wliicli arc in
I titles of some warri
I Capet Bourbons, wh
I bnd.4.

'•5. It tends to agg
I tunes; to make the
jpoorer; to multiply
I to deepen and widen
I Dives from Lazarus,
lii) favorable to grea
I principle of money ti
Ivorablj ti^ small capi
■pie of muiiey to esch
Inate. It is injuriou
Ibecause they receiv,
ljin<» of the proper
pised to the paper
main at the silver mi
"6. It tends to mak
p flux and reflux
md sudden contract
pion, which can be re
•tstilential visitatio
Banj years ; at ever
Krrini; millions froi
|roperty to the Nept
m and reflux of par
Vol. I.— 13

ANNO Mill. A.M»ltl.W JAt U'wiN. rUl->II»i:NT.

103

»i It IrniU t<» riilltiHiiiiiii iN'twrrn tin- (f"»-
(rnnxiit nixl the Imiik in tlir tirinit of the Itnuo,
n\ix» Ix't'ti t*""v t'.x|M'rii'hct'il in Kn^liiiul in tliufT
fnii<l<* 'il"" ''' |x'"|'l>'> niiil iiiHiilti< ii|Min iId
^nlll'^l't"l •'•'"-. <''»lli-'U tliU'o |n r <■( nt. Ioiiiim, hi
uliu'h tilt' ':"'''''"iitii«'iit, f'T hIhiuI X'»0 Ixicpiw
r,i. Ucnim- iiiiblf to |>i»y XPiO.

•J, It tituU tocniiti' |nil(li«Mlilit, liy furilitnf-
;ni; nulilit' loiiim, nn<l HiiKxtitiitin;: iinrniiiti'il
«<i|i|illi'i« "I |>!>|M'r, for liniitol Nii|)|ilit'H of cnin.
Thf |lriti>ti ililit is horn of tin- Hank of Kii^-
liiiil. Tliiit l>i»nk WiW clmrlcivfl in Iii'.'4, iiml
„nn niilliiii^ more imr Ii'sh in thi> iM-^inniii^',
ihAn an iw't of I'urlianunt for the iiicorjio-
rition of 11 I iin|. i.iy of HuliwrihorM to h p'V-
,riiiiu'iit li f' I I'^O'iv*} uiiil ihi- oxju'nHi't) of
u vi'n.cii: ii I'M. Anil thin is the hirth
,j(i oripiii. tho ^-rm nnd iiucliiis of that
J,.', w' ' IE ....v £'.»(i(Hi()ii,uiH» (tho un-
fimli'd it< iiH inchidod), wliich W-uta nn in-
i,.rijt of X:ii',(K)(t,(iOU, und costs X:2t)(i,00l» for
nniml iniiiia .'umciit.

"4. It t"n(!Htoht'(>;i'tand proloi;;? unneci'ssary

JIM, l)y fiirnishinK the means of carryiiij; them

mi ttilliout recurrenco to tho |H;ople. England

;s the re'dy exiimplo for this cajamity. Her

I wiirt fur llie restorution of the Capet Bourbons

wit' kept up by loans and subsidies created out

of bank painr. The {xjoplo of England had no

interest in these w ars, which cost them about

£riiiO,(H)(i,0(JO of debt in twenty-fivo years, in

tddition to tliu supplies raised within the year.

The kings she put back upon the French throne

Here not able to sit on it. Twice she put them

on ; twice they tumbled oil' in tho mud ; and

I ill that now remains of so much socritice of life

land money is, tho debt, which is eternal, the

Itixea, which uro intolerable, tho pensions and

I titles of some warriors, and tho keeping of the

I l'a|K't Bourbons, who are returned upon their

I iunds.

'•5, It tends tonggravato the inequality of for-
I tunes; to make tlie rich richer, and the poor
[poorer; to multiply nabobs and paupers; and
Ito deepen and widen the gulf which separates
I Dives from Lazarus. A great moneyed power
liii favorable to great capitalists ; for it is the
Iprinciple of money to favor money. It is unfa-
Ivorablj ti> small capitalists ; for it is the princi-
ple of muiiey to eschew the needy and unfortu-
Inate, It is injurious to the laboring classes ;
|bec.\iisc they receive no favore, and have the
price of tho iirojierty they wish to acquire
pised to the pajx;r maximum, while wages re-
main at the silver minimum.

■l). It tends to make and to brtak fortunes, by
[the flux and reflux of paper. l'!.>tiise issues,
Jid sudden contractions, perlbrm this ojiera-
[lion, which can be repeated, like planetary and
lestilential visitations, in evtry cycle of so
nanj years ; at every periodii .il return, trans-
lerrmn; millions from the actual possessors of
property to the Neptunes who preside over th»'
lux and reflux of pauer. The last operation of
Vol. I.— 13"

I Ills kiivl |ic'rfoni)i'd l>y tin- U:iiik if F.idiinl,
atirnt llvt' vraiK nuo, \\n* ilffrt\t'\ I'V Mr.
AU-x.ntidir Karitig. in the IIiiiim> of ('i>tii!ii>>ti4,
ill ti>rtn» whii-h nn* fiititltd to the kno\>ii'dve
mi.f ' indiiliiiK , ' \iiniricnn citi/.iiK. luiit
Tvnii 1.1* il'MTi|>Tii.n, which 1m brief, but iinpn'^-
Kivf, At'fi I l>MTil>ni|f the prol'iisK! j^i^iic* of
I >^ ,i,V2 1, he |iuiiil(d till' riactiou m lh< follow-
ing tcriiiH :

"'They, tluTeforc, all nt once, |pive n pudden
jerk to till hor«e oti «h"-t' neck thi.v had Ik-
fore Mitl'iTid the n'in-* to tmiig loo*,'. Th' y
coiitnii'tcd tlu'ir iii«iie:< to a rc)ii>idiraf)li' ext'iit.
The change was at «\\ri- frit ihroiipiioiit tlio-
country. A few days liefore tlmt. no one '^iiew
what to do with his nioiicv ; now, no out knew
where to get it. ♦ * • * The London )»w*k('i'A
found it necessary to follow the name iiNmivso
towards their country coriv.'*poii(!ent», ami thi^e
again towanis their ciiffoniers, and imcIv indi-
vidual towards his debtor. The eoiiM'nuince
was obvittiis in the late panic. Kvery one,
desirous to obtain what was due to liim, iiin to
his banker, or to any other on whom he had a
claim; and even those who had no /nniedimt«
use for their money, took it back, aii'i l< t it l»o
unemployed in their pockets, thinking unsato
in others' hands. The etlect of this ai inn was,
that houses which were weak went innin liat^ly.
Then went second rate houses; and, lastly,
houses which were solvent went, becausi their
securities were unavailable. The daily < lis to
which each individual was subject put it > it of
his power to assist his neighbor. Men vn-e
known to seek for assistance, and that, too,
without finding it, who, on examination of their
alliiirs, were proved to be worth 2(K>,0(»0 pounds,
— men, too, who held themselves so .secure, tlmt,
if asked six months before whether they could
contemplate such an event, they would have su d
it would bo impossible, unless tho sky shoiid
fall, or some other event equally improbable
should occur.'

" This is what was done in England live years
ago, it is what may be done here in every live
years to come, if tho bank charter is renewed.
Sole dispenser of money, it cannot omit tho
oldest and most obvious means of am-issiiig
wealth by the llux and reflux of paper. Tho
game will be in its own hands, and the only
answer to bo given is that to which I have al-
luded : ' The Sultan is too just and merciful to
abuse his power.'

" Thirdly. 1 object to the renewal of the char-
ter, on account of the exclusive privileges, and
anti-republican monopoly, which it gives to tho
stockholders. It gives, and that by an act of
Congress, to a company of individuals, the ex-
clusive legal privileges :

" 1. To carry on the trade of b.anking upon
the revenue and credit, and in the name, of the
United States of America.

'' 2. To pay the revenues of the Union in their
own promissory notes.

" .i. To hold the moneys of the United States

:i !

104

THIRTY YEARS' VIEW.

Ill fk'pogit, without making compensation for the
undrawn IialanceH.

■• 4. To (liHcrtnlit nnd diBparnjie the notes of
other banks, by exciudini; theiu from the col-
lection of the federal revenue.

"5. To hoM real estate, receive i^nts, and
retiin a bmly of tenantry.

" (i. To deal in pawns, merchandise, and bills
of exchange.

'• 7. To establish branches in the States with-
out their consent.

■' 8. To be exempt from liability on the failure
of the bank.

• 9. To have the United States for a partner.

■' 10. To have forciKncrs for partners.

"11. To be exempt from the repular adminis-
tration of justice for the violations of theircharter.

" 12. To have all these exclusive privileges
secured to them as a monopoly, in a pledge of
the public faith not to grant the like privileges
to any other company.

" These are the privileges, and this the mo-
nopoly of the bank. Now, let us examine them,
and ascertain their cflect and bearing. Let us
contemplate the magnitude of the power which
they create ; and ascertain the compatibility of
this power with the safety of this republican
government, and the rights and interests of its
free and equal constituents.

" 1. The name, the credit, and the revenues
of the United States are given up to the use of
this company, and constitute in themselves an
immense capital to bank upon. The name of
the United States, like that of the King, is a
tower of strength ; and this strong tower is now
an outwork to defend the citadel of a moneyed
corporation. The credit of the Union is incal-
culable ; and, of this credit, as going with the
name, and being in partnership with the United
States, the same coiporation now has possession.
The revenues of the Union are twenty-six mil-
lions of dollars, including the post-office ; and all
this is so much capital in the hands of the bi:nk,
because the revenue is received by it, and is
payable in its promissory notes.

"2. To pay the revenues of the United States
in their own notes, until Congress, by law, shall
otherwise direct. This is a port of the charter,
iucnedible and extraordinary as it may appear.
The promissory notes of the bank are to be
recoired in payment of every thing the United
States may have to sell — in discharge of eveiy
debt due to her, until Congress, by law, shall
otherwise direct ; so that, if this bank, like its
prototype in England, should stop payment, its
IH'omissory notes would still be receivable at
every custom-house, land-offlce, post-office, and
by every collector of public moneys, throughout
the Union, until Congress shall meet, pass a
repealii>glaw,and promulgate the repeal. Other
banks flejiend upon their credit for the receiva-
bility of their notes ; but this favored institution
has law <an its side, and a chartered right to
compel the reception of its paper by the federal
goTcrnment The immediate consequence of

this extraordinary privilege is. that the l"nitc4
States becomes virtually bound to stand NHnirlty
for the bank, as much so as if she had sijmH »
Iwnd to that cfll'ct ; and must stand forward to
sustain the ini^titution in all cmrrpcnciefi jj
order to save her own revenue. This ig \^h„'
has already happened, some ten years upc- „ j
the early progrefes of the bonk, and when tU
immense aid given it by the federal povernmett
enabled it to survive the crisis of its own ovir-
whelming mismanagement.

3. To hold the moneys of the United Sfjtes
in deposit, without making compensation for
the use of the undrawn balances.— Tins jfi
right which I deny ; but, as the bank claims it I
and, what is more material, enjoys it ; and n.^
the people of the United States have gulloreil |
to a vast extent in consequence of this claim 1
and enjoyment, I shall not hesitate to ee{ it I
down to the account of the bank. Let «g then I
examine the value of this privilege, and itscf-l
feet upon the interest of the community ; and i
in the first place, let us have a full and accurate I
view of the amount of these undrawn balance? I
from the establishment of the bank to the pre^j
sent day. Here it is ! Look I Read !

" See, Mr. President, what masses of morev
and always on hand. The paper is covered nil
over with millions : and yet, for all tlicse tjihI
sums, no interest is allowed ; no compensationl
is made to the United States. The Bank dfl
Ehghuid, for the undrawn balances of the rub-j
lie money, has made an equitable compensationl
to the British government ; namely, a peniia.|
nent loan of half a million sterling, and a tem-
porary loan of three millions for twenty years L
without interest. Yet, when I moved for il
like compensation to the Untied States, thel
proposition was utterly rejected by the Finance!
Committee, and treated as an attempt to vio-l
late the charter of the bank. At the samel
time it is incontestable, that the United States!
have been borrowing these undrawn balances!
from the bank, and paying an interest upoJ
their own money. I think we can identify oca
of these loans. Let us try. In May, 1824, Coc^
gress authorized a loan of five millions of dollan
to pay the awards under the treaty with Spainj
commonly called the Florida treaty. The banj
of the United States took that loan, and
the money for the United States in Januury anJ
March, 1825. In looking over the statement of]
undrawn balances, it will be seen that thejl
amounted to near four millions at the end of tli|
first, and six millions at the end of the secom
quarter of that year. The inference is inesisti
iblCj and I leave every senator to make it ; onli
adding, that we have paid ^1,469.375 in inteiWl
upon that loan, either to the bank or its transj
ferrees. This is a strong case ; but I have i
stronger one. It is known to every body, thai
the United States subscribed seven millions tl
the capital stock of the bank, for which !n
gave her stock note, bearing an interest of liij
per cent, per annum. I have a statement froq

|l^550,C64 in the h

AN'NO 1831. AXDUEW JACKSON', rRll-^IDENT.

105

the Rffijister of the Timsiirv. from which it ap-
pttrt that, np to the <'{<Kh day of June taut, tlie
[nited States hmi paid four millions KCTun hun-
dred an*! twenty-flvo thuusaiul dollars in inter-
ffl upon that note ; when it iH proTcd hv the
stiU-mcnt of balances exhibited, that the I'nitcd
States, for the whole period in which that intcr-
Mt was accruing, had the half, or the whole, and
,B(!i> the double, of these Keren millions in the
lumds of the bank. This is a stronger case than
thit of the flvo million loan, but it is not the
ftroDfrest The strongest case is this: in the
rear 1^17, when the bank went into opcmtion,
the United States owed, among other debts, a
mm of about fourteen millions and three-quar-
hrs, bearing an interest of three per cent. In
the same year, the commissioners of the sink-
ing fund wore authorized by an act of Congress
to purchase that stock at sixt^jr-flve per cent., |
(hich was then its market price. Under tliis '
luthority, the amount of abjut one million and
I blf was purchased ; the remainder, amount-
ing to about thirteen millions and a quarter,
liu continued unpurchased to this day ; and,
I lAer costing the United States about six mil-
lions in interest since 1817, the stock has risen
iboiit four millions in value; that is to say,
I I'rom sixty-five to nearly ninety-five. Now,
I btre is a clear loss of ten millions of dollars to
the United States. In 1817 she could have paid
olF tliirteen millions and a quarter of debt, with
ei^tit millions and a half of dollars : now, after
piying six millions of interest, it would require
twelve millions and a half to pay off the same
debt. By referring to the statement of undrawn
balances, it will be seen that the United States
had, during the whole year 1817. an average
\fm of above ten millions of dollars in the
hands of the bank, being a million and a half
more than enough to have bought in the whole
of the three per cent, stock. The question,
therefore, naturally comes up, why was it not
ipplied to the redemption of tnese thirteen mil-
lions &nd a quarter, according to the authority
contained in the act of Congress of that year ?
I Certainly the bank needed the money ; for it
nrasjuBt getting into operation, and was as hard
nin to escape bankruptcy about that time, as
liny bank that ever was saved from the brink of
I destruction. This is the largest injury which
I we have su.stained, on account of accommodat-
lii;; the bank with the gratuitous use of these

I vast deposits. But, to show myself impartial,

I I will now state the smallest case of injury
■ that has come within my knowledge: it is the
lease of the bomis of fifteen hundred thousand
I dollars which the bank was to pay to the United
I States, in three equal instalments, for the pur-
Idi^ of its charter. Nominally, this bonua has
I been paid, but out of what moneys ? Certainly
lout of our own ; for the statement shows our
Inoney was there, and further, shows that it is
Istill there ; for, on the 30th day of June last,
lifhich is the latest return, there was still
lt2,550,CG4 in the hands of the bank, which

i» above .$750,000 more than the amount cf
thf* tinnuit.

"Oncwcnl more upon t lie mihjort of thoj-o
balanci's. It is now two ytMrs ^inw I made nii
effort to rrpcnl the 4th wtion of the .Sinking
Fund act of 1817 ; a si-ction which was intended
to limit the ainmint of surplus money which
might be kept in the treasury, to two millions
of dolhirs ; but. by the pf)wer of constniction,
was made to authorize the keeping of two mil-
lions in addition to the siiq)li)s. I wished to
repeal this section, which had thus been con-
strued into the reverse of its intention, and to
revive the first section of the Sinking Fund act
of 1790, which directed the whole of the surplus
on hand to bo applied, at the end of each yetir,
to the payment of the public debt. My argxinioiit
was this : that there was no necessity to keep
any surplus ; that the revenue, coming in as fast
as it went out, was like a perennial fountain,
which you might drain to the last drop, and not
exhaust ; for the place of the last drop would be
supplied the instant it was out. And I sup-
ported this reasoning by a reference to the
annual treasury reports, which always exhibit
a surplus of four or five millions ; and which
were equally in the treasury the whole yenr
round, as on the last day of every year. This
was the argument, which in fact availed nothing ;
but now I have mathematical proof of the truth
of my position. Look at this statement of
balances; look for the year 1810, and you will
find but three hundred thousand dollars on hand
for that year; look still lower for 1821, and you
will find this balance but one hundred and eighty-
two thousand dollars. And what was the con-
sequence? Did the Government stop? Did
the wheels of the State chariot cease to turn
round in those years for want of tredsury oil ?
Not at all. Every thing went on as well as
before ; the operations of the treasury were as
perfect and regular in those two years of insig-
nificant balances, as in 1817 and 1818, when five
and ten millions were on hand. This is proof;
this is demonstration; it is the indubitable
evidence of the senses which concludes argu-
ment, and dispels uncertainty; and, as my
proposal for the repeal of the 4th Section of the
Sinking Fund act of 1817 was enacted into a
law at the last session of Congress, upon the
recommendation of the Secretary of the Trea-
sury, a vigilant and exemplary officer, I tntst
that the repeal will be acted upon, and that the
bank platter will be wiped as clean of federal
money in 1831, as it was in 1821. Such clean-
taking from that dish will allow two or three
millions more to go to the reduction of the public
debt ; and there can be no danger in taking the
lost dollar, as reason and experience both prove.
But, to quiet every apprehension on this point,
to silence the last suggestion of a possibility of
any temporary deficit, I recur to a provision
contained in two different clauses in the bank
charter, copied from an amendment in the charter
of the Btiuk of England, and expressly made, at

1 1 •" ■% '

' - .' ■ .ri,t-'.

106

TIIIRTV YEARS' VIEW.

the instance of tlie niiniptry, to mwt the con-
tinjrency of a toinporary di'titii-ncy in the annual
nveniio. The Knplish provision is tliis: that
the (rovurninent may borrow of the bank half
a million sterlinp, at any time, without a special
act of parliament to authorize it. The provision
in our charter is the same, with the single sub-
Htituti(m of dollars for pounds. It is, in words
and intention, a standing? authority to borrow
that limited sum, for the obvious purpose of
preventing a constant keeping of a sum of
money in hand as a rcscrAc, to meet continjiien-
cies which hardly ever occur. This contingent
authority to elfect a small loan has often been
used in England — in the United States, never;
possibly, because there has been no occasion for
it; probably, because ♦ho clause was copied
mechanically from the iinglish charter, and
without the perception of its practical bearing.
Be this as it may, it is certainly a wise and
prudent provision, such as all governments
should, at all times, be clothed with.

'• If any senator thinks that I have exagge-
rated the injury suflered by the United States,
on account of the uncompensated masses of
public money in the hands of the bank, I am
now going to convince him that he is wrong.
I am going to prove to him that I have under-
stated the case; that I have purposely kept
back a large part of it; and that justice requires
a further development. The fact is, that there
are two difl'erent deposits of public money in the
bank ; one in the name of the Treasurer of the
United States, the other in the name of disbursing
oflicers. The annual average of the former has
been ab^at three and a half millions of dollars,
and of this I have said not a word. But the
essential character of both deposits is the same ;
they are both the property of the United States ;
both permanent; both available as so much
capital to the bank ; and both uncompensated.

'* I have not ascertained the average of these
deposits since 1817, but presume it may equal
the amount of that bonus of one million five
hundred thousand dollars for which wc sold the
charter, and which the Finance Committee of
the Senate compliments the bank for paying in
three, instead of seventeen, annual instalments ;
and shows how much interest they lost by doing
80. Certainly, this was a disadvantage to the
bank.

" Mr. President, it does seem to me that there
is something ominous to the bank in this contest
for compensation on the undrawn balances. It
is the very way in which the struggle began in
the British Parliament which has ended in the
overthrow of the Bank of England. It is the
way in which the struggle is beginning here.
My resolutions of two and three years ago are
the causes of the speech which you now hear ;
and, as I have reason to believe, some others
more worthy of your hearing, which will come
at the proper time. The question of compensa-
tion for balances is now mixing itself up here,
!W in England, with the question of renewing

the charter; and the two, acting together, wjii
fall with combined weight upon the public tnin.] I
and certainly eventuate here as they did thcw

" 4. To discredit and disparage the notes of «i
other banks, by excluding them from the colltt-,
tion of the federal revenue. This results fruni 1
the collection — no, not the collection, but ili.
receipt of the revenue having been conmninicatiil
to the bank, and along with it the virtual exe-
cution of the joint resolution of 181(1, to repilatf
the collection of the federal revenue. The exi'-
cution of that resolution was intended to bcl
vested in the Secretary of the 'J'rea.sury—j
disinterested arbiter between rival banks; but
it may be considered as virtually devolvcij I
upon the Bank of the United States, and ik)« it- 1
fully increases the capacity of that institution to I
destroy, or subjugate, all other banks. Thisl
power to disparage the notes of all other banks I
is a power to injure them ; and, added to all the [
other privileges of the Bank of the United States I
is a power to destroy them ! If any one douUsI
this assertion, let him read the answers of the I
president of the bank to the questions put to I
him by the chairman of the Finance Committee f
These answers are appended to the committee si
report of the last session in favor of the bank I
and expressly declare the capacity of the federail
bank to destroy the State banks. The worthvl
chairman [Mr. Smith, of Md.] puts this qucs.|
tion ; ' Has the bank at any time oppressed anyl
of the State banks.' The president [Mr,
Biddle], answers, as the whole world wouldl
answer to a question of oppression, that it nevei
had; and this response was as much as thol
interrogatory required. But it did not contcni
the president of the bank ; he chose to go further'
and to do honor to the institution over whici
he presided, by showing that it was as just am
generous as it was rich and powerful. Hi
therefore, adds the following words, for which|
as a seeker after evidence, to show tlie alarmini
and dangerous character of the b^nk, I retui
him my unfeigned thanks : ' There hre very fc
banks which might not have been destroyed b
an exertion of the power of the bank.'

" This is enough ! proof enough ! not foi
me alone, but for all who are unwilling to sec
moneyed domination set up — a moneyed oli
garchy established in this land, and the entii
Union subjected to its sovereign will. Tl
power to destroy all other banks is admittei
and declared ; the inclination to do so is kno
to all rational beings to reside with the power]
Policy may restrain the destroying faculties fe
the present ; but they exist ; and will coi
forth when interest prompts and policy pcmiii
They have been exercised; and the genci
prostration of the Southern and Western banl
attest the fact. They will be exercised (tl
charter bemg renewed), and the remaining Stai
banks will be swept with the besom of destrui
tion. Not that all will have their signs knooki
down, and their doors closed up. Far worse thi
that to many of them. Subjugation, in pnlci

ANNO 1831. ANDREW JACK80X, PRESIDENT.

197

^ to dcstniction, will be the fate of many. |
f^j^ry planet miist have its satellites; every'
■tranny must have its instruments ; every
knizht is followed by his squire; even the king
ofbea-Hs, the royal quadruped, whose roar sub- j
il,ifs the forest, must have a small, subservient j
mimal to sprinp hia prev. Just so of this j
npfrial bank, when installed anew in its for- ]
midaWf and lasting power. The State banks,
spared by the sword, will be passed under the
juke. They will become subordinate parts in
ibf prP^t machine. Their place in the scale of
ciibordination will be one degree below the rank
of tlie legitimate branches ; their business, to
perform the work which it would be too disre-
putable for the legitimate branches to perform.
jhis will be the fate of the State banks which
jre allowed to keep up their signs, and to set
cpin their doors ; and thus the entire moneyed
power of the Union would fall into the hands of
one single institution, whoso inexorable and
Invisible mandates, emanating from a centre,
(fould pervade the Union, giving or withholding
money according to its own sovereign will and
sbsoliito pleasure. To a favored State, to an
individual, or a cla.s3 of individuals, favored by
.he central power, the golden stream of Pactolus
(Tould flow direct. To all such the munificent
mandates of the High Directory would come,
js the fabled god made his terrestrial visit of love

I jnd desire, enveloped in a shower of gold. But
to others — to those not favored — and to those

Kited— the mandates of this same directory
would be as ' the planetary' pli^^ne which hangs
its poison in the sick air ; ' death to them !
death to all who minister to their wants ! What

I I state of things ! What a condition for a con-
Ifederacy of States! What grounds for alarm

usd terrible apprehension, when in a confede-
ncy of such vast extent, so many independent
I States, so many rival commercial cities, so much
I ffctional jealousy, such violent political parties,
I tuch fierce contests for power, there should be
t one moneyed tribunal, before which all the
Irival and contending elements must appear 1 but
I one single dispenser of money, to which every
I citizen, every trader, every merchant, every
I manufacturer, every planter, every corporation,
Imry city, every State, and the federal govem-
Iment itself, must apply, in every emergency, for
most indispensable loan ! and this, in the
Ifice of the fact, that, in every contest for hu-
Iman rights, the great moneyed institutions of
jthe world have uniformly been found on the side
lof kin^ and nobles, against the lives and liberties
f the peoplei

"5. To hold real estate, receive rents, and re-
bin a body of tenantry. This privilege is hos-
■tile to the nature of our republican government,
nd inconsistent with the nature and design of
I banking institution. Republics want free-
loldcrs, not landlords and tenants ; and, except
pe corporators in this bank, and in the British
ist India Company, there is not an incorpora-
Itl body of landlords in any country upon the

face of the earth whose laws emanate from a
legislative lM<dy. Banks are instituk'd to pro-
mote trade and industry, and to aid the govirn-
ment and its citizi'ns with louns of money. The
whole argument in favor of banking — every ar-
gument in fuvor of this bank — rests upon that
idea. No one, when this charter was granted,
presumed to speak in fuvor fif incorjiorating a
society of landlords, especially foreign landlordr*.
to buy lands, build houses, rent tenements, and
retain tenantrj'. Loans of money was the ob-
ject in view, and the iiurehase of real estate is
incompatible with that olyect. Instead of re-
maining bankers, the corporators may turn land
speculators: instead of having money to lend,
they may turn you out tenan ts to vote. To an aj)-
plication for a loan, they may answer, and answt r
truly, that they have no money on hand ; and the
reason may be, that they have laid it out in land.
This seems to be the case at present. A com
mittee of the legislature of Pennsylvania has
just applied for a loan ; the president of the
bank, nothing loth to make a loan to that great
state, for twenty years longer than the charter
has to exist, expresses his regret that he can-
not lend but a limited and inadequate sum. The
funds of the institution, he says, will not permit
it to advance more than eight millions of dollars.
And why ? because it has invested three millions
in real estate ! To this power to hold real estate,
is superadded the means to acquire it. The bank
is now the greatest moneyed power in the
Union ; in the event of the renewal of its char-
ter, it will soon be the sole one. Sole dispenser
of money, it will soon be the chief owner of pro-
perty. To unlimited means of acquisition, would
be united perpetuity of tenure ; for a corporation
never dies, and is free from the operation of the
laws which govern the descent and distribution of
real estate in the hands of individuals. The lim-
itations in the charter ore vain and illusory.
They insult the understanding, and mock the
credulity of foolish believers. The bank is first
limited to such acquisitions of real estate as aro
necessary to its own accommodation ; then comes
a proviso to undo the limitation, so far as it con-
cerns purchases upon its own mortgages and
executions! This is the limitation upon the
capacity of such an institution to acquire real
estate. As if it had any thing to do but to make
loans upon mortgages, and push executions upon
judgments ! Having all the money, it would be
the sole lender ; mortgages being the road to
loans, all borrowers must travel that road.
When birds enough are in the net, the fowler
draws his string, and the keads are wrung oft".
So when mortgages enough are taken, the loans
are called in ; discounts coase ; curtailments are
mode; failures to pay ensue; writs issue;
judgments and executions follow; all the mort-
gaged premises are for sale at once ; and the at-
torney of the bank appears at the elbow of the
marshal, sole bidder and sole purchaser.

"What is the legal etfect of this vast capacity
to acquire, and this legal jwwer to retain, rcill

! ■'

i !•',

J 98

THIRTY YELVRS' VIEW.

I ntnlii ? Is it not tlie creation of a new sptcicB
of mortmain? An<l of a i<ind more odious and
diuifjcrons than that mortmain of the church
\»l>iah it batHcd the Knglisli Parliament so many
ii'zcH to al>oliKh. The mortmain of the church
wan a power in an ecclesiastical cor))oration to
liold real estate, indejiendent of the laws of dis-
tribution and descent: the mortmain of the bank
!■) a i)owcr in a lay cor|K)ration to do the same
thinj.'. The evil of the two tenures is identical ;
tliu dilTerenco between the two corporations is
no more than the dillerencc between parsons and
money-changers; the capacity to do mischief
incomparably tlie greatest on the part of the lay
corporators. The church could only operate
upon the few who wore thinking of the other
vorld ; the bank, upon all who are immersed in
the business or the pleasures of this. The means
of the church were nothing but prayers ; the
means of the bank is money ! The church re-
ceived what it could beg from dying sinners ; the
bank may extort what it pleases from the whole
living generation of the just and imjust. Such
is the parallel between the mortmain of the two
corporations. They both end in monopoly of
estates and perpetuity of succession; and the
bank is the greatest monopolizer of the two.
Monopolies and perpetual succession are the bane
of republics. Our ancestors took care to prov ide
against them, by abohshing entails and primo-
geniture. Kven the glebes of the church, lean
and few as they were in most of the States, fell
under the republican principle of limited tenures.
All the States abolished the anti-republican ten-
ures ; but Congress re-establishes them, and in
a manner more dangerous and oifensive than be-
fore the Revolution. They are now given, not
generally, but to few ; not to natives only, but
to foreigners also ; for foreigners are large own-
ers of this bank. And thus, the principles of
the Revolution sink before the privileges of an
incorporated company. The laws of the States
fall before the mandates of a central directory
in Philadelphia. Foreigners become the land-
lords of free-born Americans; and the young
and flourishing towns of the United States are
verging to the fate of the family boroughs \vhich
belong to the great aristocracy of England.

'• Let no one say the bank will not avail itself
of its capacity to amass real estate. The fact is,
it has already done so. I know towns, jea,
cities, and could name them, if it might not seem
mvidious from this elevated theati'e to make a
public reference to their misfortunes, in which
this bank already'' appears as a dominant and
engros!<ing proprietor. I have been in places
whore the answers to inquiries for the owners
ct' tlie most valuable tenements, would remind
you of the answers given by the Egyptians to
c-imilar questions from the French othcers, on
their march to Cairo, You recollect, no doubt,
sir, the dialogue to which I allude: 'Who
owns that palace ? ' ' The Mameluke ; ' ' Who
tills country house?' 'The Mameluke;' 'These
g.irJcuo?' 'The Mameluke;' ''That field covered

with rice?' 'The Manielnke.'— And thim Imt,
I been answered, in the towns and cities n firn,)
to, with the single exception of the name of tho
Bank of the United States substituted for tl,a.
of the military scourge of Egypt If this is f]„nc
under the first charter, what may not be cxtuct-
ed under the second? If this is done whi|,.
the bank is on its best behavior, what may sin-
not do when freed from all restraint and deliver-
ed up to the boundless cupidity and reroorHJuis
exactions of a moneyed corporation ?

" G. To deal in pawns, merchandise, and bills
of exchange. I hope the Senate will not require
me to read dry passages from the charter to
prove what I say. I know I speak a thing near-
ly incredible when I allege that this banlv in
addition to all its other attributes, is an incortjo.
rated company of pawnbrokers I The allegation
staggers belief, but a reference to the charter will
dispel incredulity. The charter, in the first part
forbids a trailic in merchandise ; in the after
part, permits it. For truly this instrument
seems to have been framed upon the princitiles
of contraries ; one principle making limitations, i
and the other following alter with provisos to
undo them. Thus is it with lands, as 1 have I
just shown ; thus is it with merchandise as I
now show. The bank is forbidden to deal in
merchandise — proviso, unless in the case tf
goods pledged for money lent, and not rcdecintij
to the day ; and, proviso, again, unless for goods I
which shall be the proceeds of its lands. With
the help of these two provisoSj it is clear that
the limitation is undone; it is clear that the
bank is at liberty to act the pawnbroker and
merchant, to any extent tha*. it pleases. It may
say to all the merchants who want loans, Plcd|;e 1
your stores, gentlemen ! They must do it, or I
do worse ; and, if rny accident prevents redemp- 1
tion on the day, the pawn is forfeited, and the I
bank takes possession. On the other hand, it i
may lay out its rents for goods ; it may sell its I
real estate, now worth three millions of doliarj!,|
for goods. Thus the bank is an incorporatui
company of pawnbrokers and merchants, as well
as an incorporation of landlords and land-specu-
lators; and this derogatory privilege, like tb
others, is copied from the old Bank of England I
charter of 1(594. Bills of exchange are also sul>|
jcctcd to the traffic of this bank. It is a trafiiol
unconnected with the trade of banking, dinjicr-r
ous for a great bank to hold, and now operaticgl
most injuriously in the South and West It isl
the process which drains these quarters of tliJ
Union of their gold and silver, and stifles \u\
growth of a fair commerce in the products of tlio
country. The merchants, to make remittances!
buy bills of exchange from the branch banksj
instead of buying produce from the fanuersj
The bills are paid for in gold and silver; and,
eventually, the gold and silver are scut to th^
mother bank, or to the branches in the Hasten
cities, either to meet these bills, or to rcpknifli
their coffers, and to furnish vast loans to tiiToritJ
States or iudividuals. The bills sell cheap, a}

I contrary, was not

AXN'O 18:n. ANDKEW JACKSON, rnF>;DE:.T.

199

, fpclion of one per cent. ; they are, therefore,
, :ooii R-niittaiicu to tho merchant. To the bank
.j'^. oiKTation ia doubly good ; for even tho half
'{one per cent on bilU of exchanf;o is a great
Irutit to the institution which inunupolizcs that
busincsi', while tho collection and delivery to
(je branches of all the hard money in tho coun-
trr i^ A >^t>'' more considerable advantage. Under
jliis system, the best of tho Western banks — I
io not speak of those which had no foundations,
j3,l 6unk under tho weight of neighborhood
opinion, but those which deserved favor and
cjntWenct — sunk ten years ago. Under this sys-
ifin, the entire West is now undergoing a silent,
iviicral, and invisible drain of its hard money ;
yd if not quickly arrested, these States will
im ho, so far as the precious metals are con-
cerned, no more than the empty skin of an im-
molated victim.

•7. To establish branches in tho different
States without their consent, and in defiance of
their resistance. No one can deny the degrad-
ing and injurious tendency of this privilege. It
(iiiogatea from the sovereignty of a State;
tnuiiiles upon her laws; injures her revenue
uiJ couiraerco ; lays open her government to
the attacks of centralism ; impairs the property
cf her citizens ; and fastens a vampire on her
bosum to suck out her gold and silver. 1.
It derogates from her sovereignty, because the
central institution may impose its intrusive
hrauches upon the State without her consent,
wd in defiance of her resistance. This has al-
ready been done. Tho State of Alabama, but
four years ago, by a resolve of her legislature,
Kiuoustrated against the intrusion of a branch
upon her. She protested against tho favor.
Was the will of the State respected ? On the
ciiitrary, was not a branch instantaneously
forced upon her, as if. by the suddenness of the
iction, to make a striking and conspicuous dis-
play of the omnipotence of the bank, and the
nullity of the State ? 2. It tramples upon her
Ijff/! ; because, according to the decision of the
Supreme Court, the bank and all its branches are
uholiy independent of State legislation ; and it
tramples on them again, because it authorizes
foreigners to hold lands and tenements in every
state, contrary to the laws of many of them ;
ind because it admits of the mortmain tenure,
«hich is condemned by all the republican States
in the Union. 3. It injures her revenue, because
the bank stock, imder the decision of the Su-
preme Court, is not liable to taxation. And
thus, foreigners, and non-resident Americans,
[who monopolize the money of the State, who
its best lands and town lots, who med-
in its elections, and suck out its gold
id silver, and perform no military duty,
exempted from paying taxes, in proportion
their wealth, for the support of the State
hose laws they trample upon, and whose
mfits they usurp. 4. It subjects the State
tho dangerous manoeuvres and intrigues of
Dtralism, by means of the tenants, debtors,

bank officers, and bank money, which the crn-
tral director)' retain in the Htate, ami nmy
cmbmly and direct against it in its eli-ction.-,
and in its k-gialativo and judicial proceedin^rs.
5. It tends to impair the property of ilit- ritiztns,
and, in some instances, that of the StuUn, >>y
destroying the State banks in which they lin\'t
invested their money. C. It is injurious to th<-
commerce of tho States (I speak of the Wot-
em States), by substituting a traile in bilis
of exchange, for a trade in the products of
the country. 7. It fastens a vampire on the
bosom of the State, to suck away its gold and
silver, and to co-operate with the course (T
trade, of federal legislation, and of exchange, in
draining tho South and W est of all their hard
money. The Southern States, with their thirty
millions of annual exports in cotton, rice, and
tobacco, and the Western States, with their
twelve millions of provisions and tobacco ex-
ported from New Orleans, and five millions
consumed in the South, and on the lower Mic^-
sissippi, — that is to say, with three fifths of tho
marketable productions of the Union, are not
able to sustain thirty specie paying banks ; »vhilo
the minority of the States north oif the Potomac,
without any of the great staples for export, have
above four hundred of such banka. These States,
without rice, without cotton, without tobacco,
without sugar, and with less flour and provisions,
to export, are saturated with gold and silver ;
while the Southern and Western States, with
all tho real sources of wealth, arc in a state of
the utmost destitution. For this calamitous
reversal of the natural order of things, the Bank
of the United States stands forth pre-eminently
culpable. Yes, it is pre-eminently culpable !
and a statement in the ' National Intelligencer '
of this morning (a paper which would overstate
no fact to the prejudice of the bank), cites and
proclaims the fact which prv,-,e8 this culpabilit}'.
It dwells, and exults, on the quantity of gold
and silver in the vaults of the United States
Bank. It declares that institution to be ' over-
burdened' with gold and silver; and well may it
be so overburdened, since it has lifted the load
entirely from the South and West. It calls these
metals ' a drug ' in the hands of the bank ; that
is to say, an article for which no purchaser can
be found. Let this ' drug,' like the treasures of
the dethroned Dey of Algiers, be released from
the dominion of its k(^per ; let a part go back
to the South and West, and the bank will no
longer complain of repletion, nor they of de-
pletion.

"8. Exemption of the stockholders from indi-
vidual liability on the failure of the bank. This
privilege derogates from the common law, is con-
trary to the principle of partnerships, and inju-
rious to tho rights of the community. It is a
peculiar privilege granted by law to these corpo-
ratorSj and exempting them from liability, except
in their corporate capacity, and to the amount o/
the assets of the corporation. Unliappily these
assets arc rover assez, that is to say, enough.

i;::i'

V!' '(4-:0

' : t.

200

THIRTY YEARS' VIEW

wrhcn ocrojiion rotncs for rcTtirrinp to thorn.
When ft blink fails, its assnts uro nlwnjs less
than its (lehts; so that rfsi)onsil>ility fails the
inKtant that liability aocriies, I/t't no one say
that the hank of the United States is too preat
to fail. One preater than it, and its prototy|)0,
has fiiilefj, and that in our own da}', nnd for
tw<!nty years at a time: the Bank of Enpland
tailed in I7!'7, nnd the IJaiikof the United States
was on the fH>int of failinp in 1810. The same
oause, namely, stockjobbing and overtrading,
carried both to the brink of destruction ; the
same means saved l)oth, namely, the name, the
cre<lit, and the helping hand of the povemments
which protected them. Yes, the liank of the
United States may fail ; and its stockholders
live in splendor upon the princely estates ac-
quired with its notes, while the industrious classes,
who hold these notes, will be imablo to receive a
shilling for them. This is unjust. It is a vice
in the charter. The true principle in banking
requires each stockholder to be liable to the
amount of his shares ; and subjects him to the
summary action of every holder on the failure of
the institution, till ho has paid up the amount of
his subscription. This is the true principle. It
has prevailed in Scotland Ibr the last century,
nnd no such thing as a broken bank has been
known there in all that time.

" 9. To have the United States for a partner.
Sir, there is one consequence, one residt of all
partnerships between a government and indi-
viduals, which should of itself, and in a mere
mercantile point of view, condemn this associa-
tion on the part of the federal government. It
is the principle which puts the strong partner
forward to bear the burden whenever the con-
cern is in danger. The weaker members flock
to the strong partner at the approach of the
storm, and the necessity of venturing more to
save what he has already staked, leaves him no
alternative. He becomes the Atlas of the firm,
and bears all upon his own shoulders. This is
the principle : what is the fact ? Why, that the
United States has already been compelled to
sustain the federal bank ; to prop it with her
revenues and its credit in the trials and crisis of
its early administration. I pass over other in-
stances of the damage suffered by the United
States on account of this partnership ; the im-
mense standing deposits for which wo receive no
compensation ; the loan of five millions of our
own money, for which we have paid a million
and a half in interest ; the five per cent, stock
note, on which we have paid our partners four
million seven hundred and twenty-five thousand
dollars in interest ; the loss of ten millions on
the three per cent, stock, and the ridiculous ca-
tastrophe of the miserable bonus, which has
been paid to us with a fraction of our own
money : I pass over all this, and come to the
point of a direct loss, as a partner, in the divi-
dends upon the stock itself. Upon this naked
Eoint of profit and loss, to be decided by a rule
I arithmetic, we have sustained a direct and

heavy loss. The stock held by the Unito<l St»tM
as every I)ody knows, was subscrikil, not t^^
It was a stock note, de|)ositc<l for Kevin niillK,r
of dollars, bearing an mtcrcst of five ikt art*
The inducement to this subscription was the L'.
ductive conception that, by l»aying live per cent
on its note, the United States wouM clear fuur
or five |)er cent, in petting a dividend of cjcht ^^
ten. Tliis was the inducement ; now for i\)v n^
alization of this fine conception. Let us h-v jt
Here it is ; an official return from the Kcpistf
of the Treasury of interest paid, and of dividnids
received. The account stands thus :

Interest paid by the United States, $-i.72!),(\((\
Dividends received by the United States, 4,(i29,42(i

Loss to the United States, 695.074

" Disadvantageous as this partnership must 1,,.
to the United States in a moneyed point of view
there is a far more grave and serious asjuct
under which to view it. It is the political nstuct
resulting from the union between the bank ami
the government. This union has been tried in
England, and has been found there to be just as
disastrous a conjunction as the union between
church and state. It is the conjunction of tin.
lender and the borrower, and Holy Writ 1ms toW
us which of these categories will be master oi
the other. But suppose they agree to drop rival.
ry, and unite their resources. Suppose tiny
combine, and make a push for political power;
how great is the mischief which they may not
accomplish ! But, on this head, I wish to use
the language of one of the brightest patriots oi
Great Britain ; one who has shown himself In
these modern days, to be the worthy successor
of those old iron barons whose patriotism com-
manded the unpurchasable eulogium of the eider
Pitt. 1 speak of Sir William Pulteney, and his
speech against the Bank of England, in 1797,

"the speech-: — extract.

" ■ I have said enough to show that govern-
ment has been rendered dependent on the bank,
and more particularly so in the time of war ; and
though the bank has not yet fallen into the hands
of ambitious men, yet it is evident that it might,
in such hands, assume a power sufficient to con-
trol and overawe, liot only the ministcn. but
king, lords, and commons. * * * ♦ ♦ •
As the bank has thus become dangerous to |rov-
ernment, it might, on the other hand, by uniting
with an ambitious minister, become the means
of establishing a fourth estate, sutCcient to in
volve this natioi. in irretrievable slavery, and
ought, therefore, to be dreaded as much as s cer-
tain East Ir<dia bill was justly dreaded, at a pe-
riod not V ,ry remote. I will not say that the
present minister (the younger Pitt), by en- j
deavoring, at this crisis, to take the Bank ot
England under his protection, can have any
view to make use, hereafter, of that engine to
perpetuate his own power, and to enable him i«

iominter over our c
pipposed, it woidd (
i.rtain a very dilltT
,l,irnring to overset
iVni when intendi
^Ircs. My object
L-ainst all risk eitlu
to i.'ovcrnmeut, or
men.'

•And this is my n

i!io L'nion from all

tonk. I wish to pi

Hi well as its enra

i;s lui?, as well as

provide against all i

if this risk and haza

omntered jy King

Cnil Britain, they

to be encountered b;

jtatcs, who are but <

id. To have fore

Vr. President, will I

in the West. Thodi

)l'thatimsophi3ticat(

mean what they sigi

the United States ' :

States, How great 1

..lont to learn that tl

lion, and that this b

fontrary notvvithstar

j tank of foreigners as

mcnt Here I woul

list of the names ai

jlraost incredible fai

except to public do

these I learn as much

pinch. It is the re

Hays and Means, in

lives, for the last ses:

port admits that for

of the stock of thi

knows that the feder

I uiillions also,

"Thus it is prov
I deeply interested ir
J:.'tate3 itself. In th
I charter they will be
I (il than at present ;
the stock to two hur
nettled state of thir
I them to make grea
jpcrpose to say that
I cannot he voters or
I ibt suggestion is th
I money; they pay do
|iccommodations ; th(
Itrs; and in a great
Inockholders mus'
iThe name of this ba
Ipabiic. It is not the
Itmment, as its name
IStates which compos
lof private individuals
■lives, denizens, and n
hn twenty-eight mi

ANNO 183!. ANDREW JACKSOK, PRESIDENT.

201

Jomincor over our t-onslitiition : if tlmt could 1k>
innposi'<l. it would only show that niin ran en-
iiTiain ft very dilltTPnt train of idea-*, when cn-
,1,-ivnrin); to ovcrsot a rival, from what occurs to
iVm wIk'U intondin;; to support and tl.x tlu m-
^lvc.«. My obji'ct i.s to secure thu country
tniinst all risk cither fi-oni the bank as opposed
10 i.'overntncnt, or a.s the engine of ambitious

men.'

•And this is my object also. T wish to sccTirc
ihf Union from all chance of narm from this
Unk. I wish to provide ajrainst its friendship,
^5 well as its enmity — aj:ainst all danprcr from
lis Im?, as well as from its blow. I wish to
provide ai;ainst all risk, and every hazard ; for,
if tills risk and hazard were too great to bo cn-
riiintercd \>y King, Lords, and Commons, in
Ctal Britain, they mnst certainly be too groat
10 be encountered by the people of the United
States, who are but commons alone.

• 10. To have foreigners for partner.''. This.
Mr. President, will be a strange story to be told
in the West. The downright and upright people
of that unsophisticated region believe that words
moan what they signify, and that ' the Bank of
ihe United States ' is the Bank of the United
' States. How great then must bo their astonish-
..unt to learn that this belief is a false concep-
tion, and that this bank (its whole name to the
wutrary notwithstanding) is just as much the
tank of foreigners as it is of the federal govern-
ment Hero I would like to have the proof— a
list of the names and nations, to establish this
almost incredible fact. But I have no access
except to public documents, and from one of
I these I learn as much as will answer the present
pinch. It is the report of the Committee of
I Ways and Means, in the House of Repre.senta-
■m, for the last session of Congress. That re-
port admits that foreigners own seven millions
of the stock of this bank ; and every body
knows that the federal government owns seven
I millions also.

"Thus it is proved that foreigners are as
I deeply interested in tliis bank as the United
States itself. In the event of a renewal of the
charter they will be much more deeply mterest-
I ed than at present ; for a prospect of a rise in
I the stock to two hundred and fifty, and the un-
[."ettled state of things in Europe, will induce
j them to make great investments. It is to no
I purpose to say that the foreign stockholders
j cannot be voters or directors. The answer to
[that suggestion is this: the foreigners have the
j money; they pay down the cash, and want no
I accommodations ; they are lenders, not borrow-
lers; and in a great moneyed institution, such
jstockholders must have the greatest influence.
[The name of this bank is a deception upon the
Ipublic. It is not the bank of the federal gov-
Imraent, as its name would import, rior of the
IStates which compose this Union ; but chiefly
■of private individuals, foreigners as well as na-
Itives, denizens, and naturalized subjects. They
jtivn twenty-eight millions of the stock, the fed-

eral povemmont biit ooven million!*, and theKO
ceveti ari' preci^itly hiilanred tty the -tixk <if the
aliens. The feileral gnvcrnnietit and tlio alien*
are e<]iiui, owning one lifth eiuh ; and there
wriiilil lie as !nii(h truth in calling it the Enn-
lisli H.ink as the Bank of the lulled States.
Now mark a few of the privileges which tli <
charter gives to thc^e fuaigners. To be land-
holders, in defiance of the iStatc laws, which
forbid aliens to hold land ; to \>ii lundlonls by
incorporation, and to hold American citizens
for tenants ; to liold lands in mortmain ; to bo
pawnbrokers and merchants by incorporation ; to
pay the revenue of the United States In their own
notes; in short, to do every thing which I have
endeavored io point out in the long and hideous
list of exclusive privileges granted to this bank.
If I have shown it to be dangerous for the United
States to be in partnership with its own citi-
zens, how much stronger is not the argtmient
against a partnership with foreigm'rs? What
a prospect for loans when at war with a foreign
power, and the subjects of that power largo
owners of the bank. here, from which alone, or
from banks liable to be destroyed by it, we can
obtain money to carry on the war! What a
state of things, if, in the division of political
parties, one of these parties and the foreigners,
coalescing, should have the exclusive control of
all the money in the Union, and, in addition to
the money, should have bodies of debtors, ten-
ants, and bank officers stationed in all the States,
with a Siipreme and irresponsible system of
centralism to direct the whole ! Dangers from
such contingencies are too great and obvious to
be insisted upon. They strike the common
sense of all mankind, and were powerful consid-
erations with the old whig republicans for the
non-renewal of the charter of 1791. Mr. JefJi^r-
son and the whig republicans staked their po-
litical existence on the non-renewal of that
charter. They succeeded ; and, by succeeding,
prevented the country from being laid at the
mercy of British and ultra-federalists for funds
to carry on the last war. It is said the United
States lost forty millions by using depreciated
currency during the last war. That, jirobably,
is a mistake of one half. But be it so ! For
what are forty millions compared to the loss of
the war itself — compared to the ruin and infa-
my of having the government arrested for want
of money — stopped and paralyzed by the recep-
tion of such a note as the younger Pitt received
from the Bank of England in 1795 ?

"11. Exemption fl-om due course of law for
violations of its charter. — This is a privilege
which afi'ects the adnunistration of justice, and
stands without example in the annals of repub-
lican legislation. In the caee of all other delin-
quents, whether persons or corporations, the
laws take their course against those who offend
them. It is th6 right of every citizen to set the
laws in motion against every offender ; and it is
the constitution of the law, when set in motion,
to work through, like a machine, regiirdiuss of

202

TIimTi' YEARS* VIEW.

■'

'^^

powcri* ami princi|mliti(;fl, and cutting dowm the
guilty wliich may Htand in its way. Not bo in
the custi (if tliJH bank. In its U-lialf, there are
harriiTH ertctcd bftwcen the citizen and his op-
prewsKr, iM'twcen the wronjj and the rt-inedv, be-
twi'L-n the law and the oH'ender. Instead of a
rijriit to Kuc out a scire facias or a f/wo if ur-
riinto, the injured citizen, witii an Jiuinble peti-
tion in his hand, must repair to the President
of the United .States, or to Conjrress, and crave
their leave to do ko. If leave is denied (and
denieil it will be whenever the bank has a
lieculiar friend in the President, or a majority
of suclj friends in Congress, the convenient pre-
text being always at hand that the general wel-
fare RT|uircs the bank to be ^u^itained), he can
])roceed no further. The machinery of the law
cannot be set in motion, and the great oil'ender
laughs from Kdiind his barrier at the impotent
ix-seutment of its helpless victim. Thus the
bank, fur the plainest violations of its charter,
and tlie greatest oppressions of the citizen,
may escape the pursuit of justice. Thus the
adniinistrution of justice is subject to be stran-
gled in its birth for the shelter and protection
of this bunk. But this is not all. Another and
most alarming mischief results from the same
extraordinary privilege. It gives the bank a
direct interest in the presidential and congrtis-
hional elections : it gives it need for friends in
Congress and in the presidential chair. Its fate,
its very existence, may often depend upon the
friendship of the President and Congress ; and,
in such cases, it is not in human nature to avoid
using the immense means in the hands of the
bank to induenco the elections of these officers.
Take the existing fact — the case to which I al-
ludtd at the commencement of this speech.
There is a case made out, ripe with judicial
evidence, and big with the fate of the bank. It
is a case of usury at the rate of forty-six per
cent., in violation of the charter, which only
admits an interest of six. The facts were ad-
mitted, in the court below, by the bank's de-
murrer; the law was decided, in the court
above, by the s>ipreme judges. The admission
concludes the facts ; the decision concludes the
law. The forfeiture of the charter is estab-
lished; the forfeiture is incurred; the applica-
tion of the forfeiture alone is wanting to put an
end "o the institution. An impartial President
or Congress might let the laws take their
course ; those of a different temper might inter-
pose their veto. What a crisis for tha bank!
It beholds the sword of Damocles suspended
over its head ! Wh.it an interest in keeping
those away who might sutler the hair to be
cut!

" 12. To have all these unjust privileges secured
to the corporators as a monopoly, by a pledge of
the public faith to charter no other bank. — This
is the most hideous feature in the 'whole moss of
deformity. If these banks are beneficial institu-
tJous, why not several ? one. at least, and each

in<]epcndent of the other, to each griat M-ction of
the Union? If malignant, wliy en ate om?
The restriction constitutes the monoiKily. ai„|
renders more invidious what wa.s sufli,',, ,„)",
hateful in itself. It is, indeed, a doiilile monoii-
oly, legislative as well as banking; for thu Ion
gress of 1810 monoiwlized the iwwtr to Krnni
these monopolies. It has tied up the |ian(k of
its successors ; ami if this can be done on oint
subject, and for twenty years, why not \\\»n all
subjects, and for all time ? Hero is the form uf
words which o|)erate this double engros>inieiit(,f
our rights : ' No other bank sliall be cstablislmi
by any future law of Congress, during the con-
tinuance of the corporation hereby enacted for
which the faith of Congress is hereby pkdgiu •'
with a proviso for the District of Columbia
And that no incident might be wanting to com-
plete the title of this charter, to the utter rcpro-
bation of whig republicans, tliis compound nio.
nopoly, and the vor^ form of words in which it
is conceived, is copied from the charter of tlio
Bank of England ! — not the charter of William
and Mary, as granted in 1C94 (for the Bill of
Kights was then fresh in the memories of En"-
lishmen), but the charter as amended, aiiij
that for money, in the memorable reign of
Queen Anne, when a tcry queen, a tory minis.
try, and a tory parliament, and the apostle of
toryism, in the person of Dr. Sacheverell, wjtii
his sermons of divine right, passive obedience
and iion-resistonce, were riding and nding ovir ]
the prostrate liberties of England ! This is the '
precious period, and these the noble authors,
from which the idea was borrowed, and the rerj'
form of words copied, which now figure in the
charter of the Bank of the United States, const]- 1
tuting that double monopoly, which restricts i\
once the powers of Congress and the rights of
the citizens.

" These, Mr. President, are the chief of the
exclusive privileges which constitute the monop-
oly of the B..nk of the United States. I have
spoken of them, not as they deserved, but as my i
abilities have permitted. I have shown you that |
they are not only evil in themselves, but copied
from an evil example. I now wish to show you
that the government from which we have made j
this copy has condemned the original ; and, af-
ter showing this fact, I think I shall be able to |
appeal, with sensible effect, to all liberal a>ind$,
to follow the enlightened example of Great Bri-
tain, in getting rid of a dangerous and invidiciK I
institution, after having followed her pcmiciom
example iu assuming it. For this purpose, I will
have recourse to proof, and will read from Brit-
ish state papers of 182G. I will rend extracts |
from the correspondence between Earl Liver-
pool, first Lord of the Treasury, and Mr. Rob- 1
inson, Chancellor of the Exchequer, on the one
side, and the Governor and Deputy Governor
of the Bank of England on the other ; the sul>
ject being the renewal, or rather non-rcnevil
of the charter of the Bank of England.

(.mmnnientionM
Trearivy and C
the Uorernor a
lUiii: o/ L'ltfflafi

■■ • The failures v

jin'l, unaccompani<

janie occurrences i

ibtTC must have I

i^istem of banking

lit! a solid and sul

• » * In Scotli

thirty banks (thre*

hive eitood firm am

Dioncy market in E

irejst'S to which the

ral interests in Scci

have occasionally b<

Kription must nece

(.rnerally undcrstoc

banking. * * *

may, perhaps, prop^

iner occasion, the e:

Inclusive privilege,

neighborhood, beyt

price of this concesi

■sclnsivo privileges

to he regretted tli

iiich condition. *

ivhat pas.sed before,

agree to it. * *

cut of fashion ; anc

bank, under preset

that theirs will be i

Aruicer of the Co

'"Under the unci
of Directors find th
death of the bank
may have on the
court cannot feel th
laending to the proj
lege which they no^
firmed as it is b}*
liture.'— /a». 20.

Sitond communieai

'•'The First Lore
cellor of the Exchec
swer of the bank
cannot but regr3t

! should have decline(
of Proprietors the c
lirered by the First

j (.'iiancellor of the 1
and Deputy Govern
statement containei
tiie Firit LcpJ of

! '•ellor of the Exche
all the points to ^
bave nothing! furti
wuuld have been, at

ANXO 1831. ANDREW JACKSON, PRESIDKNT.

203

(,,umnnieatiom from the Fir$t Lord of the
J'rai*'try and Chanctllor of the Exfheqtier to
the Uorernor and iJeputy Gocernor of the
U-nik of England. — Extract:

■•' The failures which have occurred in Enp-
Ijnd, unnccompanitnl as they have been hy the
sjnie occurrences in Scotland, tend to prove that
there must have been an unsolid and delusive
cistern of banking in one part of Great Britain,
ii^ti a solid and substantial one in the other. *
« ♦ ♦ In Scotland, there are not more than
thirty banks (three chartered), and these Itanks
hare otood tlrni amidst all the convulsions of the
money market in England, and amidst all the dis-
ta-ses to which the manufacturing and agricultu-
ral interests in Scotland, as well as in England,
hare occasionally been subject. Banks of this de-
foriptinu must necessarily be conducted upon the
(viierally understood and approved principles of
Liiiiving. ♦ * * * The Bank of England
may, perhaps, propose, as they did upon a for-
mer occasion, the extension of the term of their
(xclusive privilege, as to the metropolis and its
ncigliborhood, beyond the year 1833, as the
price of this concession [immediate surrender of

scliisivo privileges]. It would be very much
to he regretted that they should require any
iiich condition. * * » » It is obvious, from
Ivhat passed before, that Parliament will never
agree to it. * * * * Such privileg es are
(,ut of fashion ; and what expectation can the
CanlcTurider present circumstances, entertain
that theirs will be renewed?' — Jan. 18.

Antvcer of the Court of Directors. — Extract.

'"Under the uncertainty in which the Court
of Directors find themselves with respect to the
death of th'e bank, and the eflect which they
may have on the interests of the bank, this
court cannot feel themselves justified in recom-
mending to the proprietors to give up the privi-
kge which they now enjoy, sanctioned and con-
firmed as it is by the solemn acts of the legis-
lature.'— e/an. 20.

the Miniatert. —

Sitoni communioation from
Extract.

'•'The First Lord of the Treasury and Chan-
cellor of the Exchequer have considered the an-
swer of the bank of the 20th instant. They
cannot but regrst that the Court of Directors
should have declined to recommend to the Lourt
cf Proprietors the consideration of the paper de-

I lirered by the First Lord of the Treasury and the
Chancellor of the Exchequer to the Governor
and Deputy Governor on the 13th instant. The
(tatemciit contained in that paper appears to
the First Lopi of the Treasury and the Chan-
<%llor of the Exchequer so full and explicit on

I til the points to which it related, that they
have nothing further to add, although they
*uuld have been, and still are, ready to answer,

aa Cir an poANil>le, any specilic qnt>ationfl which
might lie put, for the i)«irp<>i»o of rcniovin" the
uncertainty in whirli tlie court of dinrtiM to
themselves to l>o with ri'»iH.'ct t<> the (U-tiii. of
the plan suggested in that paixr.' — Jan. 23.

Second ausicer (f the Jiaiil;. — K.vtruct.

" ' The Committee of Treasury [bniik] Imvins
taken into consideration the jMijier retvived from
the First Lord of the Treasury and the Chan-
cellor of the Exchequer, dated January '23d, anil
finding that Ills Majesty's ministers iwrsevere in
their desire to pro])ose to restrict immt-diately
the exclusive privilege of the bank, as to the
numljer of partners engaged in banking to a
certain distance from the metropolis, and also
continue to be of opinion that Parliament would
not consent to renew the privilege at the expira-
tion of the period of their present charter;
finding, also, that the proposal by the bunk of
establishing branch banks is deemed by IIi.4
Majesty's ministers inadequate to the wants of
the country, are of opinion that it would bo
desirable for this corimi-ation to propose, as a
basi.s, the act of Cth of George the Fourth, which
states, the conditions on which the Bank of
Ireland relinquished its exclusive privileges ; this
corporation waiving the question of a prolonga-
tion of time, although the committee [of thfl
bank] cannot agree in the opinion of the First
Lord of the Treasury and the Chancellor of the
Exchequer, that they are not making a consider-
able sacrifice, adverting especially to the Bank
of Ireland remaining in possession of that privi-
lege five years longer than the Bank of England.'
— January 25.

" Here, Mr. President, is the end of all the
exclusive privileges and odious monopoly of the
Bank of England. That ancient and powerful
institution, so long the haughty tyrant of the
moneyed world — so long the subsidizer of kings
and ministers — so long the fruitful mother of
national debt and useless wars — so long the
prolific manufactory of nabobs and paupers — so
long the dread dictator of its own terms to
parliament — now droops the conquered wing,
lowers its proud crest, and quails under the
blows >f its late despised assailants. It first
puts on a courageous air, and takes a stand upon
privileges sanctioned by time, and confirmed by
solemn acts. Seeing that the ministers could
have no more to say to men who would talk of
privileges in the nineteenth century, and being
reminded that parliament was inexorable, the
bully suddenly degenerates into the craven, and,
from showing fight, calls for quarter. The di-
rectors condescend to beg for the smallest rem-
nant of their former power, for five years only ;
for the city of London even ; and offer to send
branches into all quarters. Denied at every
point, the subdued tyrant acquiesces in his fate ;
announces his submission to the spirit and intel-
ligonoe of the age ; and quietly sinks down into

204

TIIIKT\' YKAItS' VIKW.

(ht! Iiiimlilo, liiit *iafo and UMcful cimtlitiun of a
Scottish i)r<>vitirinl bunk.

'• An<l UvTv it ii prolilnblo to pauxo ; to lOok
Iinck, anil nci' )iy what incnnH this nn^'iciit
nml piiwirful institution — this Itahylon of tin-
hiinknij; worI<l — was («o Kudilonly and ho totally
jiroxt rated. Who did it ? And with what weajH
onf-? Sir, it was done hy that power wliich is
now n-piiiatiiifj the affairH of the civilized world.
It wax done i>y the power of public opinion,
invoked by the working niemberH «)f the BritiMh
parliament. It was done by Sir Flenry Parnell,
who led the attack upon the WellinRton minis-
try, on the n\ff]\t of the 15th of November; by
Sir William I'ulteney, Mr. Grenfell, Mr. Hume,
Mr. Edward Ellico, and others, the workin(?
members of the House of Commons, such as had,
n few years iK'fore, overthrown tlio pigantic op-
pressions of the salt tax. These are tlio men
who have overthrown the Knnk of England.
They began the attack in 1824, under the dis-
couriiging cry of too soon, too soon — for the
charter had then nine years to run ! and ended
with showing that they had l)egan just soon
enough. They Iwgan with the ministers in their
front, on the side of the bank, and ended with
having them on their own side, and making
tlicm co-operators in the attack, and the instru-
ments and infiicters of the fatal and final blow,
liut let us do justice to these ministers. Though
wrong in the beginning, they wero right in the
end ; though monarchists, they behaved like
republicans. They wero not Polignaca. They
jielded to the intelligence of the age ; they
yielded to the spirit which proscribes monopolies
wnd privileges, and in their correspondence with
the bank directors, spoke truth and reason and
asserted liberal principles, with a point and
power which quickly put an end to dangerous
and obsolete pretensions. They told the bank
the mortifying truths, that its system was
unsolid and delusive — that its privileges and
monopoly were out of fashion — that they could
not be prolonged for five years even — nor suf-
fered to exist in London alone ; and, what was
still more cutting, that the banks of Scotland,
which had no monopoly, no privilege, no con-
nection with the government, which paid interest
on deposits, and whose stockholders were re-
sponsible to the amount of their shares — were
the solid and substantial banks, which alone the
public interest could hereafter recognize. They
did their business, when they undertook it, like
tiiie men ; and, in the single phrase, ' out of
fasliiov,* achieved the most powerful combina-
tion of solid argument and contemptuous sar-
casm, that ever was compressed into three words.
It is a phrase of electrical power over the senses
and passions. It throws back the mind to the
reigns of the Tudors and Stuarts — the termagant
Elizabeth and the pedagogue James — and rouses
within us ail the shame and rage we have been
accustomed to feel at the view of the scandalous
sales of privileges and monopolies which were
the disgrace and oppression of these wretched

timco. Out of faxhion ! Ye« ; even in KncUr,,!
the land of thiir early birth, and late protertji,!
And shall the^ remain in faxhion here 7 M,,y^
republicanism continue to wear, in AiiuTica i'|,
antii|iie i-ostiime which the <loiighty chatriiiioi
of antitjuated fashion have been c<i!ii|x Him] g,"
doff in England 1 Shall Knglioh lords and lailu .
continue to find, in the liank of the \'r\\\^',•
States, the unjust and odious privileges wliid
they can no longer find in the Bank of Ell^'la^ll '
Shall the copy survive here, after the ori(:i,ia|
has been destroyed there? Shall the ydiuu.
whelp triumph in America, after the olij li,,,,
has been throttled and strangled in Kn);lai|,| ?
No! iit'ver! The thing Is impossible! 'w^^.
Hank of the United States dies, as the Itnnk if
England dies, in all its odious points, upr.n tl i.
limitation of its charter; and the only eirnun.
stance of regret is, that the generous delivemrid.
is to take effect two years earlier in the l!^•iti^ll
monarchy than in tlie American republic, jt
came to us of war — it will go away with jicaiv
It was born of the war of 1812 — it will (|j(. jij
the long peace with which the woi-id is hlcsHil,
The arguments on which it wa& crtited will \\,,
longer apply. O'llfis have cLuiged ; and tlie
pojicy of the republic changes wich the times.
The war made tho~bank ; peace will unmake it!
Tlie baleful planet of fire, and blood, and every
human woe, did bring that pestilence upon lu";
the benignant star of peace shall chase it away,'

This speech was not answered. Confident in
its strength, and insolent in its nature, the pnat
moneyed power !'!> 1 adopted a system in whicli
she persevered, uutil hard knocks drove her out i
of it : it was to have an anti-bank speech treatcil
with the contempt of silence in the House, ami
caricatured and belittled in the newspapers ; and I
according to this system my speech was treated.
The instant it was delivered, Mr. Webster called
for the vote, and to be taken by yeas and nayp,
which was done ; and resulted differently from
what was expected — a strong vote ugainst the
bank — 20 to 23 ; enough to excite uneasiness
but not enough to pass the resolution and le-
gitimate a debate on the subject. The debate j
stopped with the single speech; but it \» as a
speech to be read by the people — the niasscs-
the millions ; and was conceived and delivered j
for that purpose ; and was read by them ; and
has been complimented since, as having crippled
the bank, and given it the wound of whicli it
afterwards died ; but not within the year and a
day which would make the slayer responsible
for the homicide. The list of yeas and nays
was also favorable to the effect of the speech.
Though not a party vote, it was Eufficiently m |
to show how it stood — the nuiss of the dcmw

:%■)• ogaiiuU the
iniocrati afflii m^

- Vkas. — Mess
(|p)wn, Dickerson
llivne, I riddel I, f
yafurd. Smith of
Hhiti', NVooflbiiry"

"Nays. — .Messrs
(lnyton. Root, Fr
p,.ki, Johnston,
Vrtlile, ilobbins, P,
SiNlx'e, Smith of J
-23."

CHAP

Ei;ROr. OF DK TOC<
THE HOUSE «

I HAVE had occasio
frrors of Monsieur
ipon American dei

I iliority in Europe,
Mveral languages ;
made authority here
into English, and
[refaee to recomme

II view to enlighten

I ID democratic gover
rindid intent ; but

I ].rcjudice of that
i)iu.st(lo it great :

I ibroail, if not corre
of this kind — one
representative gove

I of his work, where
the members comj
Congress, attributii
to the Senate, and
difference in the dif
members — the popi

I ind the legislative c

says : —

"On entering the
Washington, one is
meanor of that grc
lucntly does not
irithin its walls.
oljjciire individuals
associations to the n
lawyers, men in trat
to the lower classes
vhicb education is

ANNO 1831. ANDREW JACKSON. riaXIDKNT.

203

^.y agouuU the hank — the niaitit of the anti-
jituocrati agaiii*_t it. The names were :—

- Yka". — .MesHFf. I'anmnl, Hrnton. Ilihh,
[(p)irn, DiokerNon, Iijiill«T, Kornyth, (triitxl}',
\\\\w, Iredell, Kintrj McKinley, I'oiiidexter,
^upl Smith of S. C'., Tauiwell, Troup, Tyler,
rtliiti'. Woodbury — 20.

-Nays. — Metwrs. liarton, Bell, Bumct. Chase,
ilnvton. Root, FrelinjrliuyHen, Holmes, lleiid-
p,'|i'4, Johnston, Knight, liivinpiton, MarkM,
Srtlile, KobldnH, Robinson, Ruir^lt't*, Seymour,
<i*ye, Smith of Md., Spraguc, Webster, Wil ley
-■•3."

CHAPTER LVir.

Ei:U(»P. OF DK TOCQITEVII.LK. IN ItELATION TO
THE HOUSE OF IJEI'UESENTATIVES.

I HAVE had occasion Kcvcral times to notice the
irrors of Monsieur de Tocquevillo, in his work
upon American democracy. That work is au-
iliurity in Europe, where it has appeared in
H'vcral languages ; and is sought by some to bo
made authority here, where it has been translated
into Enc;lish, and published with notes, and a
[ifcface to recommend it. It was written with
a view to enlighten European opinion in relation
I) democratic government, and evidently with a
eandid intent ; but abounds with errors to the
-rcjudice of that form of government, which
mui;t(1o it great mischief, both at home and
ibroad, if not corrected. A fundamental error
of this kind — one which goes to the root of
representative government, occurs in chapter 8
of his work, where ho finds a great diflercnce in
the members comprising the two Houses of
Congress, attributing an immense superiority
to the Senate, and discovering the cause of the
difference in the different modes of electing the
members — the popular elections of the House,
md the legislative elections of the Senate. He
says: —

" On entering the House of Representatives at
I Washington, one is struck with the vulgar de-
meanor of that great assembly. The eye fre-
()Miiitly does not discover a man of celebrity
I irithin its walls. Its members are almost all
obscure individuals, whose names present no
associations to the mind ; they are mostly village
lawyers, men in trade, or even persons belonging
to the lower classes of society. In a country in
irhich education is very general, it is said that

the rePTv«ontativo« of th»> iHMipU' dn not alnay*
kiKiw how to write ciirn<tly. At i» fi w ynnl-'
distance from tliii< H|H>t ii* thoilixn'or (lit' .^vnit'i',
which contains within a »tniiil H|iar«* a larjru
pr<>|)ortiiin of thi* rfU'lirntcil mm in Aiiu-rira.
Scan^i'ly an inilivi<lunl ix to Ik: tuumi in it, who
doi-H not n>call the idi'U of an active uml iliiiKtri-
ous career. The Senate is CDinpoMc*! <>!' (iotiuent
Bdv()catei<, diNtinguiHhed pi'neraU, wi.-e nmjilH-
tniten, and HtatoHnien of note, wlioto lanj;ua>^
would at all times do honor to the mmit nnmrk"
al)le parliamentary dil)atoH of Eun>pt>. What,
then, is the cause of thin strange contract ? and
why are the most able citizens to bo found in
one assembly rather than in theotlK-r? Why
is the fonner b<Kly remarkable for its vnljtarity,
and its poverty of talent, whilst the hitter seenm
to enjoy a monopoly of intelligence and of hound
judgment ? Both f)f these assemblies emanate
from the people. From what cause, then, «loes
so startling a difference arise ? The only n uson
which apiiears to me adequately to accouiu for
it is, that the Hou.so of Representatives is elected
by the populace directly, and that of the Senate
is elected hy an indirect application of universal
niiffrage ; but this transmission of the popular
authority through an assembly of chosen men
operates an important change in it, by rellning
its discretion and improving the forms which it
adopts. Men who are chosen in this manner,
accurately represent the majority of the nation
which govems them; but they represent the
elevated thoughts which are curix>nt in thecom-
nmnity, the generous propensities which prompt
its nobler actions, rather than the petty passions
which disturb, or the vices which disgrace it.
The time may be already anticipated at whicli
the American republics will bo obliged to intro-
duce the plan of election by an elected body
more frequently into their system of n-presen-
tation, or they will incur no small risk of pirish-
ing miserably among the shoals of democracy."
—Chapter a.

The whole tenor of these paragraphs is to
disparage the democracy — to disparage demo-
cratic government — to attack fundamentally tho
principle of popular election itself. They dis-
qualify the people for self-government, hold
them to be incapable of exercising the elective
franchise, and predict the downfall of our repub-
lican system, if that franchise is not still further
restricted, and the popular vote — the vote of
the people — reduced to the subaltern choice of
persons to vote for them. These are profound
errors on the part of Mons. de Tocqueville,
which require to be exposed and corrected ; and
the correction of which comes within the scopo
of this work, intended to show the capacity of
the people for self-government, and the advantage
of extending— instead of restricting — the privi-

20G

THIRTY YEARS* VIEW.

W'jre of (ho dirrct rotr. Up ^wm* to look upon
tliP niomlwr* of the two IIouws as diflt>rcnt
(jrdiTH nf iH-iiiRH — tlitr»ri'nt iIiwhou — % hiffher and
a lowtr claMM ) the romicr (iIbcciI in tho Senatv
\>y the wimloMi of State loKii*latiirt>H, the latter
ir> tlio IIouw of Ht'prcwntntivt'n by tho folly of
the jKoplf — when tlic (act in, that they are not
only of the Hamu order »nd clann, hut mainly tho
Hnnie individuaU. The Senate is almoHt entirely
iniidu up out of tho Houkc I and it is quito cer-
tain that every «pnator wliom MonB. do Tocque-
vilio hud in his c}e when he bestowed iuch
encomium on that body had come from tho
IIouHO of RopresentatlveH ! placed tlicre by tho
I)opu1ar vote, and afterwanls transferred to tho
Senate by the legislature ; not as new men just
discovered by the suiwrior sagacity of that body,
but as public men with national reputations, al-
ready illustrated by the operation of popular
elections. And if Mons. do Tocquorillo hod
chanced to mako his visit some years sooner, ho
would have seen almost every one of these sena-
tors, to whom his exclusive praiso is directed,
actually sitting in tho other House.

Away, then, with his fact ! and with it, away
with all his fanciful theory of wise elections by
small electoral colleges, and silly ones by the
people ! and away with all his logical deductions,
from premises which havo no existence, and
which would have us still further to "rcflno
popular discrcl'on," by increasing and extending
the number of eicforal colleges through which
it is to bo filtrated. Not only all vanishes, but
his praise goes to the other side, and redounds
to tho credit of popular elections; for almost
every distinguished man in tho Senate or in any
other department of tho government, now or
heretofore — from the Congress of Independence
down to the present day — has owed his first
elevation and distinction to popular elections —
to tho direct vote of tho people, given, without
the intervention of any intermediate body, to the
visible object of their choice ; and it is tho same
in other countries, now and always. The Eng-
lish, the Scotch and the Irish have no electoral
colleges ; they vote direct, and are never without
their ablest men in tho House of Commons.
The Romans voted direct ; and for five hundred
years — until fair elections were dotsroycd by
force and fraud — never failed to elect consuls and
praetors, who carried tho glory of their country
beyond the point at which they had found it.

Tho American people know thin— know \h%, I
impular elvctk)n haa given them every piniiH.,,,
public man that they havo ever had— ihnt jt
tho Hafest and wisest ukmIc of political oUctinn,.
moHt free from intrigtio and corruption ; mil j^.
stead of Airther n-Htrictlng that mo<|i., tiw\ j,^
during tho masNes to mere electors of oli^ctoN
they arc, in fact, extending it, and alterinp con^
Ntitutions to carry electk>nH to the pcopi,., wLj^i i
were formerly given to tho general assetnhlic,
Many Statea nimish examples of thin. K\in
tho constitution of tho United States Ims !>, ,,
overniled by universal public .sentimont in th,.
grcatcBi of its elections— that of Presi.li.„t m\
Vice-President. Tho electoral rollegc liy t|,jt I
instrument, both its words and intent. wa.s to
havo been an independent body, exercising its own
discretion in tho choice of these high o(Iia'r«
On tho contrary, it has been reduced to a mm
formality for the registration of the votes whirh
tho people preparo and exact. Tho speculations
of Monsieur do Tocqucville are. therefore, grouml-
IcBS ; and must be hurtful to rcprcsentativo gov-
erumont in Europe, where the facts nre im-l
known ; and may be injurious among oursolvfs
where his book is translated into English with I
a preface and notes to recommend it.

Admitting that there might bo a difference!
between the appearance of tho two Houses ami I
between their talent, at the time that Mons. do
Tocqucville looked in upon them, yet that dif.
fcrenco, so far as it might then havo existed,!
was accidental and temporary, and has already [
vanished. And so far as it may have npiKared, I
or may appear in other times, the diflercncc in I
favor of the Senate may be found in causes ver\ I
difiorent from those of more or less judgmcnil
and virtue in the constituencies which elect tliel
two Houses. The Senate is a smaller body, andl
therefore may bo more decorous ; it is composedl
of older men, and therefore should be gravjr i
its members have usually served in the liigLKtl
branches of the State governments, and in the!
Ilojuse of Representatives, and therefcre shouldl
be more experienced; its terms of service arel
longer, and therefore give more time for taientf
to mature, and for the measures to be carricdl
w'hich confer fame. Finally, tho Senate is inT
great part composed of the pick of the IIouse,|
and therefore gains double — by brilliant accesJ
sion to itself and abstraction from the otherJ
These nre causes enough to account for any (»|

ASN() 1»31. AMHIKW JA< ^•^^^^. PFII-SIDKNT.

'207

ivtonnl. or Kvnrrml liiflvn-nce wlwh in»y nhow
,j«ir ill the ilt'coriim or thVlHy of tW (wo
1Ioii.hh. But tJu'TO iri anoth<T caiitie. which w
, ,111(1 ill Iho pnu'ticc of moiiio of the Stated — the
rtuciiH Hjrittcni ami rotation in offlcu — which
Innpt in men unknown to tiu' |k>()|.1o, ami tunw
them out OH thoy Ix-ffin to be iiw'ful ; to Imj miic-
rt*tlid liy otlier new lK'(»inners, m ho oi* in turn
(unicMl out to maku room for more new ones ;
,11 h\ vii'tuo of arraii|i;Gmcnti) which look to in-
jiUijiml intereHtH, and not to the public good.

The injury of theno cliangcB to the buHinesa
naalitit"* of the IIouRO and tho interests of tho
Sute, is readily concciTablv, and very visible in
ihc (Ideations of States where they do, or do
jut prt'vail — in some Sorthcrn and some Nouth-
trn States, for example. To name them might
Kdn invidious, and is not necessary, tho state-
pent of the general fact being sufficient to indU
(jtc an evil which requires correction. Short
terms of service are good on account of their ro-
ipoDsibility, and two years is a good legal term ;
but every contrivance is vicious, and also incon-
liitcnt with the re-eligibility permitted by tho
constitution, which prevents the people from
I continuing a mcml)cr as long as they deem him
I useful to them. Statesmen are not improvised
in any country ; and in our own, as well as in
Great Britain, great political reputations have
I only been acquired after long service — 20, 30, 40,
ind even 50 years ; and great measures have
only been carried by an equal number of years
of persevering exertion by the same Tpnn who
commenced them. Earl Orey "Jid Major Cirt-
wright— I take the aristocratic .ind the den.o-
cntic leaders of the movement — only car vied
British parliamentry reform afler forty /ears
of annual consecutive exertion. They organized
the Society for Parliamentry Reform in 1792,
ind carried tho reform in 1832 — disfranchising
5u burgs, half disfranchising 31 others, enfran-
ciilsing 41 new towns ; and doubling the number
of voters by extending the privilege to £10
householders — extorting, perhaps, the gneatest
concession from power and corruption to popular
rigiit that was ever obtained by civil and legal
means. Yet this was only done upon forty
years' continued annual exertions. Two men
I did it, but it took them forty years.

The same may be said of other great British
Ineasures — Catholic emancipation, corn law re-
Ipeai, abolition of the 8lav9 trade, and many

othrn ; rach rvqutrinir » llfctimo of rontiniuil
exertion fri>m devoted men. .Short Mrvitx', and
not popular tltction, iit the i-vil of the IIouh<' of
lU-prrM^ntativex ; and thin UconiiH more apiwr-
ent by contrant— contract between the North
and the South — tho caucus, or rotary sy»tein,
not pn-vailing in the South, and iixefut nienilierit
being usually continued from tlint quarter aM
long as useful ; and thus with fewer iiieinUrx,
usually showing a greater number of men who
have attained a distinction. Monnieur de Tocquc-
ville iri profoundly wrong, and does great injury
to democratic government, an his theory coun-
tenances tho monarchial idea of tho incapacity
of the people for self-government. They are
with us the liest p.nd safest depositories of th^
political elective power. They have not only
furnished to tho Senate its ablest nicmber.4
through tho House of Representatives, but have
sometimes repaia>d the injustice of State legis-
latures, which repulsed or discarded some emi-
nent men. The late Mr. John Quincy Adams,
after forty years of illustrious service — after hav-
ing been minister to half tho great courts of Eu-
rope, a senator in Congress, Secretary of State,
and President of the United States — in the full
possession of all his great faculties, was refused
an election by the Massachusetts legislature to
the United States Senate, where he had served
thirty years before. Refused by the legislar
ture, he was taken up by tho people, sent to tho
House of Representatives, and served there to
octogenarian age — attentive, vigilant and capa-
ble — an example to all, and a match for half the
House to the last. The brilliant, incorruptible,
bagacious Randolph — friend of the people, of the
constitution, of economy and hard money —
scourge and foe to all corruption, plunder and
jobbing — had nearly the same fate; dropped
from tho Senate by the Virginia general assem-
bly, restored to the House of Representatives
by the people of his district, to remain there till,
following the example of his friend, the wise
Macon, he voluntarily withdrew. I name no
more, confining myself to instances of tho illus-
trious dead.

I have been the more particular to correct
this error of De Tocqueville, because, while dis-
paraging democratic government gtnerally, it.
especially disparages that branch of our govern-
ment which was intended to be th^ controlling
part. Two clauses of the constitution— one

I' ^'

208

TfllUTV V KAILS' VIKW.

vcs'liii}: the House of lU'itrti'ciitativcs with tlic
Hole power of ori}.'iiiiitiii^ revenue hills, the of hei*
with the sole power of miiieafliiiieiit — siilHeient-
\y attest tiie lii;;h fmirtioii to which tliat Iloii.-e
was appointed. 'Jhey are hoth horivjwed from
the Ilritish eoiislitution, where their eifect lias
been seen in controliirijr the course of the whole
povcrnmcnt. and brinpinj; proat criminals to the
bar. No t-overeipn, no ministry holds out an
hour apiinst the decision of the House of Com-
mons. Tliouph an imperfect representation of
the people, even with the great ameliorations of
tlie reform act of 18.''l2, it is at once the demo-
cratic branch, and the master-branch of the
British poverinncnt. Wellington administra-
tions liave to retire before it. lienpal Gover-
nors-(iencral have to appear as criminals at Its
bar. It is the theatre which attracts the talent,
the patriotism, the high spirit, and tlie lofty am-
bition of the Uritish empire ; and the people look
to it as the master-power in the working of tlie
government, and the one in which their will has
weight. No rising man, with ability to acquire
a national reputation, will quit it for a peerage
and a scat in tlie House of Lords. Our IIou.se
of Representatives, with its two commanding
prerogatives and a perfect representation, should
not fall below the British IIou.se of Commons
in the fulfilment of its mission. It should not
become second to the Senate, and in the begin-
ning it did not. For the first thirty years it
was the controlling branch of the government,
and the one on whose action the public eye was
fixx'd. Since then the Senate has been taking
the first place, and people have looked less to
the House. This is an injury above what con-
cerns the House itself. It is an injury to our
instituti(»ns, and to the people. The high func-
tions of the House were given to it for wise pur-
poses — for paramount national objects. It is
the immediate representation of the people, and
should command their confidence and their
hopes. As the sole originator of tax bills, it is
the sole dispenser of burthens on the people,
and of suppl'.' s to the government. As sole au-
thors of impeachment, it is the grand inquest of
the nation, and has supervision over all official
delinquencies. Duty to itself, to its high func-
tions, to the people, to the constitution, and to
the character of democratic government, require
it to resume and maintain its controlling place
'n the machinery and working of our federal

p')vernment : and tliJit Ls what it has eommn ,>.
ed doing in the last two or three session.^— an,jj
with happy results to the economy of the r,i;i
lie .-ervict — and iirineveiitingan iiierea,>;e of il„.|
evils of our dijilomatic representation abroad

LolUUANA — J. !

CTIAPTEll LVIII.

TlIK TWEN'TV-SECOND COXQltESS.

Tins body commenced its first se.';Rion the
Sth of December, 1831, and terminated that a;
sion July 17th, 1832; and for this session alone I
belongs to the most memorable in the annals cf I
our government. It was the one at which thtJ
great contest for the renewal of the charter of I
the Bank of the United States was brought on
and decided — enough of itself to entitle it to last-
ing remembrance, though replete with other im-l
portant measures. It embraced, in the list of I
members of the two Houses, much shining talent I
and a great mass of useful abilitj', and araonpl
their names will be found many, then most emi-
nent in the Union, and others destined to be- 1
come so. The fallowing uie the names ;

SENATE.

Maine — John Holmes, Peleg Spraguo.

New Hami'shirk — Samuel Bell, Isaac Ililj.

Massachusetts — Daniel Webster, Nathaniel I
Silsbee.

KiioDE Island — Nehemiah E. Knight, Ashcrj
Uobbins.

Connecticut — Samuel A. Foot, Gideon Toni-
linson.

Vermont — Horatio Seymour, Samuol Pten-
tiss.

New-York — Charles E. Dudley, Wm. Man

New Jersey — M. Dickerson, TheocForc ^
linphuyscn.

Pennsylvania — Geo. M. Dallas, Wm. Wil-j
kins. ^ '

Delaware — John M. Clayton, Arnold Xau-|
dain.

JIarvland — E. F. Chambers, Samuel Smitt]

Virginia — Littleton W. Tazewell, John Tj-
Icr.

North Carolina — B. Brown, W. P. JI§j

gum-
South Carolina — Robert Y. Ilaync, S. D.

Miller.

Georgia — George M. Troup, John Forsyth.
Kentucky — George M. Bibb, Henry Chv.
Tennessee — Felix G rund y, IIiiglT I. White,!
Ohio — BcnjamiiTRuggles, Thonias Ewiuij.

HOUSE OF ]

ANNO 1831. ANDREW JACKSON, rUF^IKKNT.

200

LoiiaiA>'A — J. S. Johnston, Geo. A. Wafr^'a-

gill.

iMiiAXA — William llt-ndricks, RoWrt Ilanna.
)lis<issii'iM — I'owhutun Ellis, CJco. PointU'X-

»r.

Illinois — Elias K. Kaiio. John M. Robinson.
\i,AnAMA — WiMmin U. Kin;;, Gahriol Moon>.
MijsoLKi — Thomas II. Benton, Alex. Buck-

r.t'r.

IIOL'SK OF RErr.r.SENTATIVKS.

From Maink — John Anderson, James Rates,
fiiurce Evans, Cornelius Holland. Leonard Jar-
,is, Edward Kavanagh, Rufus ilclntire.

.Vkvv IIampshiue — John Brodhead, Thomas
Chandler. Joseph Ilammons, Henry Hubbard,
Joseph ^I. Harper, John W. "Weeks.

jlA^iSACiiifsETTs — John QujjQcy Adanis, Na-
ihun Appleton, Isaac C. Bates, Georpe N. Brigps,
I'jllus Choate, Henry A. S. Dearborn. John
Paris. Ed\vard ilxerejt, George Grennell, jun.,
Jimes L. Ilodjies, Joseph G. Kendall, John
Reed. {One viicanry.)

Khode Island — Tristam Burgess, Dutee J.
Pcarce.

CoNNKCTicuT — Noyes Barber, William W.
I IlUworth, Jabez AV. Huntington, Ralph I. In-
icRcli, William L. Storrs, Ebenezer Young.

Veumost — Hcnian Allen, AVilliam Cahoon,
I Horace Everett, Jonathan Hunt, William Slade.

Xew York — William G. Angel, Gideon H.
I BiTStow, Joseph Bouck, William Babcock, John
T. Berja'n, John C. Brodhead, Samuel Beards-
ley, John A. Collier, Bates Cooke, C. C. Cam-
Ureleng, John Dickson, Charles Dayan, Ulysses
F. Doiibleday, William Hogan, Michael Hofl-
Inwi, Freeborn G. Jijwett, John King, Gerrit Y.
Linsing, James Lent, Job Pierson, Nathaniel
I Pitcher, Edmund II. Pendleton, Edward C. Reed,
1 Erastus Root, Natlian Soule, John W. Taylor,
jphineas L. Tracy, Gulian C. Verplanck, Frede-
1 ric Whittlesey, Samuel J. Wilkin, Grattan H.
I Wheeler, Campbell P White, Aaron Ward, Dan-
I iel Wardwell.

New Jeusev — Lewis Condict, Silas Condict,
I Richard M. Cooper, Thomas II. Hughes, Jamea
I Fitz Randolph, Isaac Southard.

Pennsylvania — Robert Allison, John Banks,
I George Burd, John C. Bucher, Thomas H.
ICrawford, Richard Coulter, Harmar Denny,
[Lewis Dewart, Joshua Evans, James Ford,
IJohn Gilmore, W^illiam Heister, Henry Horn,
iPeter Ihrie. jun., Adam King, Henry King, Joel
Ik. Mann, Robert McCoy, Ilenry A. Muhlen-
Ibei?, T. M. McKennan, David Potts, jun., An-
Idrew Stewart, Samuel A. Smith, Philander Ste-
iphens, Joel B. Sutherland, John G. AVatmough.

Delaware — John J. Milligan.

Maryland — Benjamin C. Howard, Daniel
iJenifcr, John L, Kerr, George E. Mitchell,

"Icnedict I. Semines. John S. Spencc, Francis
Thomas, George C. Washington, J. T. H. Wor-
|thington.

ViiiGisiA — Mark Alexander, Robert Allen,
iWilliam S. Archer, William Armstrong, John
Vol. I.— 14

S. Barbour, Thomas T. BoMMin, Xathaniol 11.
t'lniiionie, RoUtI <'mi(:. Juscph W. Cliitin,
Richanl (.'uko, jun., 'i'linmiis Davi'njxjrt, I'hilip
Dodd. (ifrc, W'wx. F. Gun) n, Cliarlf.-^ C. .lohn-
ston, tlohn Y. Mar-on, Lewis Maxwell, Charles
F. Mercer. WiltTiinr Meroy. Thomas Xuwton,
John M. I'atton, Jolin J. Roane, Andix-w Ste-
venson.

North Carolina — Dan'l L. Barrinper, Ijingh-
lin Bethune, John Branch, Samuel I*. Car.-*on,
Henry W. Conner, Thomas H. Hall, MicajahT.
Hawkins, James J. McKay, Abraham Rencher,
William B. Shepard, Ar^u.-*tino 11. Shepperd,
Jes,«e Sjjcight, Lewis Williams.

South Carolina — Robert W. Barnwell, Jas.
Blair, Warren R.Davis, William Drayton, John
M. Feldcr, J. R. Griffin, Thomas R. Mitchell,
George McDuffie, Wm. T. Nuckolls.

Gf.orgia — Thomas F. Foster, Ilenry G. La-
mar, Daniel Newnan, Wiley Thompson, Richard
IL Wilde, James M.Wayne. {One rnvaticy.)

Kentucky — John Adair, Chilton Allan, Ilen-
ry Daniel, Nathan Gaither, Albert G. Ilawes,
R. M. Johnson, Joseph Lecompte, Chittenden
Lyon, iTobert P. Letcher, Thomas A. Mar-
shall, Christopher Tompkins, Charles A. \ilifik-
Mc.

""Tennessee — Thomas D. Arnold, John JJfill,
John Blair, AVilliam Fitzgerald, William Hall,
Jacob C. Isacks, Cave Johnson, James K.Polk.
James Standifer,

Ohio — Joseph II. Crane, Elcuthero. Cooke
William Creighton, jun.. Thomas Corwin, Jamej
Findlay, W^illiam W. Irwin, AVilliam" Kennon,
Humphrey H. Leavitt, William Russcl, William
Stanberry, John Thomson, Joseph Vance, i>tt»n-
uel F. Vinton, Elisha Whittlesey.

Louisiana — II. A. Bullard, Philemon Thom-
as, Edward D. White.

Indiana — Ratliff Boon, John Carr, Jonathan
McCarty.

Mississippi — Franklin E. Plummer.

Illinois — Joseph Duncan.

Alabama — Clement C. Clay, Dixon H. Lewis,
Samuel W. Mardis.

Missouri — William II. Ashley.

DELEGATES.

Michigan — Austin E. Wing.
Arkansas — Ambrose H. Sevier.
Florida — Joseph M. White.

Andrew Stevenson, Esq., of Virginia, was re-
elected speaker ; and both branches of the body
being democratic, they were organized, in a
party sense, as favorable to the administration,
although the most essential of the committees,
when the Bank question unexpectedly sprung
up, were found to be on the side of that institu-
tion. In his message to the two Houses, the
President presented a condensed and general
view of our relations, political and commercial,

. •:•■ A

:;i^

210

THIRTY YEARS' VIEW.

with foreign nations, from wliicli tho Icadinpr
pjitHaj^cs ore here piven :

" Aflcr our transiti n frf)m tlio state of uoionies
to tliiit of an in<li'|ic'niknt nation, many jwints
verc found necessary to lie seltleil between iis
and Great Britain. Auionp; them was tlio de-
marcation of lx)undaries, not descrihed witli snf-
ticicnt precision in the treaty of jK'aee. Some of
tho lines tliat <hvide tlie States and territories of
the United States from tlie British provinces,
have been definitively fixed. That, however,
which Keparates us from the provinces of Cana-
da and New Brunswick to the North and the
East, was still in dispute when I camo into
office. But I found arran>rements made for its
settlement, over which 1 had no control. The
commi.ssioners who had been appointed under
tho provisions of the treaty of Ghent, having
been unable to agree, a convention was made
with Great Britain by my immediate predecessor
in ofHce, with the advice and consent of the
Senate, by which it was agreed ' that the points
of difference which have arisen in the settlement
of the boundary line between the American and
British dominions, as described in the fifth arti-
cle of tho treaty of Ghent, shall bo referred, as
therein provided, to some friendly sovereign or
State, who shall be invited to investigate, and
make a decision upon such points of difference :'
and the King of the Netherlands having, by the
late President and his Britannic Majesty, been
designated as such friendly sovereign, it became
my duty to carry, with good faith, the agree-
ment, so made, into full effect. To this end I
caascd all the measures to be taken which were
necessary to a full exposition of our case to the
sovereign arbiter; and nominated as minister
plenipotentiary to his court, a distinguished
citizen of tho State most interested in tho ques-
tion, and who had bee one of the agents previ-
ously employed for settling the controversy. On
the 10th day of January last. His Majesty the
King of the Netherlands delivered to tho pleni-

K)tentiaries of the United States, and of Great
ritain, his written opinion on the case referred
to him. Tho papers in relation to the subject
will be communicated, by a special message, to
the proper branch of the government, with the
perfect confidence that its wisdom will adopt
such measures as will secure an amicable settle-
ment of tho controversy, without infringing any
constitutional right of the States inunediately
interested.

" In my message at the opening of the last
session of Congress. I expressed a confident hope
that the justice of our claims upon France, urged
as they were with perseverance and signal ability
by our minister there, would final'y be acknowl-
edged. This hope has been realized. A treaty
has been signed, which will immediately be
laid before the Senate for its approbation ; and
which, containing stipulations that require legis-
lative acts, must have tho concurrence of both
Houses before it can be carried into effect.

"Should this treaty receive the pn>por Mty\
tinn, a source of irritation will be sto|i|,((l t|,i
has. for so many years, in some de;rric alicnatcl
from each other two nations who, (roin intcrr.,*
as well iLS tho remembrance of early assopiatio,|i,
ought to cherish the most frien«llyrcliU ions— an
encouragcTnentwill be given for p(rst"\ ( nnoe jn
tho deiiuinds of Justice, by this new jiiiu.!' thnt
if steadily pursued, they will bo listentd to— an,j
admonition will be offered to those i)r)n(^
if any, which may be inclined to eva-Io tlitni
I that they will never be abandoned. Ahoveall
a Just confidence vn\l be inspired in our kWov.
citizcn.s, that their government will exert all tlio
powers with which they have invested it, ji,
support of tlieir just claims upon foreign nations'
at the same time that the frank acknowlofl-r'
ment and provision for tho payment of ti,f,t,,
which were addressed to our equity, altlioimh
unsupported by legal proof, affords a practical
illustration of our submission to the Divine riilo
of doing to others what we desire they .shoiilil
do unto us.

■'Sweden and Denmark having made compen-
sation for the irregularities committed by tiicir
vessels, or in their ports?, to the perfect .^atisfai'-
tion of the parties concerned, and having re-
newed the treaties of commerce entered into
with them, our political and commercial rela-
tions with those powers continue to be on the
most friendly footing.

" With Spain, our differences up to the 22d of
Febniary, 1819, were settled by tho treaty of
Washington of that date ; but, at a subsequent
period, our copimerco with the states formerlv
colonies of Spain, on tho continent of Americi
was annoyed and frequently interrupted by her
public and private armed ships. They captured
many of our vessels prosecuting a lawful com-
merce, and sold them and their cargoes ; and at
one tmie, to our demands for restoration and
indemnity, opposed the allegation, that they were
taken in tho violation of a blockade of all the
ports of those states. This blockade was de- 1
claratory only, and the inadt-;.».u!y of the force
to maintain it was so manifest, that this allegn- 1
tion was varied to a charge of trade in contraband |
of war. This, in its turn, was also found un-
tenable ; and tho minister whom I sent with I
instructions to press for the reparation that was
due to cur injured fellow-citizens, has transmitted
an answer to his demand, by which t!io captures
are declared to have been legal, and are Justified
because the independence of the states of America |
never having been acknovvledged by Spain, sh
had a right to prohibit trade with them under I
her old colonial laws. This ground of defence
was contradictory, not only to those which M
been formerly alleged, but to the uniform prac-
tice and established laws of nations ; and had |
been abandoned by Spain hers<?lf in tho conven-
tion which granted indemnity to British subjectEl
for captures made at tho same ti-^e, under the I
same circumstances, and for the same allegatioiii |
with those of which we complain.

resolved on, it was
waiting for the meef
>tate of Europe c

ANXO 1931. ANDREW lACKSOX, PRESmENT.

211

I, however, indiilpe the hope that further
^tleotion will lead to other views, and feel con-
-iiiit. that when iiis Catholic Majesty shall Ik;
>iivince<l of the justice of the claim, his desire
,,, prctiervc friendly reliitioiis between the two
I ;vuntries, which it is my earnest endeavor to
maintain, will induce him to accede to our do-
ijintl. I ''"^'C therefore dispatchc<l a special
mi^scnRcr, with instructions to our minister to
bring the case once more to his consideration ;
10 tiie end that if, which I cannot bring myself
10 lielieve, the same decision, that cannot but
adeemed an unfriendly denial of justice, should
\^ persisted in, the matter may, Ijcfore your
iiijoiirninent, be laid before you. the constitu-
tional judges of what is proper to bo done when
jfootiation for redress of injury fails.

"The conclusion of a tivaty for indemnity
^jth France, seemed to present a favorable op-
lortunity to renew our claims of a similar nature
in other powers, and particularly in the case of
ihose upon Naples ; more especially as, in the
pjurse of former negotiations with that power,
our fiiiluro to induce France to render us justice
ris used as an argument against us. The
(ifsires of the merchants who were the principal
.iiti'crcrs, have therefore been acceded to, and a
jiission has been instituted for the special pur-
[flse of obtaining for them a reparation already
too long delayed. This measure having been
r.solvcd on, it was put in execution without
iraiting for the meeting of Congress, because the
slate of Europe created an apprehension of
I cvints that might have rendered our application
rfectual.

" Our demands upon the government of the
Tnro Sicilies are of a peculiar nature. The in-
juries on which they are founded are not denied,
iior are the atrocity and perfidy under which
I those injuries were perpetrated attempted to be
extenuated. The sole ground on which indem-
nity has been refused is the alleged illegality of
the tenure by which the monarch who made the
seizures held his crown. This defence, always
unfounded in any principle of the law of nations
-now universally abandoned, even by those
jwners upon whom the responsibility for acts of
]ist rulers bore the most heavily, will unques-
tionably be given up by his Sicilian Majesty,
wiwse counsels will receive an impulse from that
hiiih sense of honor and regard to justice which
are said to characterize him ; and I i'ecl the fullest
confidence that the talents of the citizen com-
missioned foi that purpose will place before him
theJHst claims of our injured citizens in such a
light as will enable mo, before your adjournment,
to announce that they have been adjusted and
secured. Precise instructions, to the efl'ect of
Ijfinging the negotiation to a speedy issue, have
I been given, and will be obeyed.

' In the late blockade of Terceira, some of the

I Portuguese fleet captured several of our vessels,

»nd committed other excesses, for which repa-

iition was demanded ; and I was on the point of

dispatching an armed force, to prevent any

recurrence of a similar violencf. nnd protect otir
citizens in the pmsecut'<iii of their Jawrul com-
merce, when oflieial nssiirunccs. on wliicii I reliiil,
made the failing of the fhiiis iinn< cessarv. Siiu'e
that iK'riod, frequent proniisi'*; Iiavi- been made
that full indemnity shall be jriven for the injuries
inflicted and the losses sustained. In the jer-
fonnance there has been some. |)erha|is unavoid-
able, delay ; but I have the fullest coiifiiienee
that my earnest desire that this business may !it
once be closed, which our minister has Ik'cii
instnicted strongly to express, will very soon Ite
gratified. 1 have the better grouui' for this
hope, from the evidence of a friendly d,«position
which that government has shown by ai> actual
reduction in the duty on rice, the pro<luce of our
Southern States, authorizing the anticipation that
this important article of our exjiort will soon be
admitted on the same footing with that produced
by the most favored nation.

" With the other pow rs f)f Europe, we have
fortunately had no cause of discussions for the
redress of injuries. With the Emi-'.re of the
Kussias, our political connection is of the most
friendly, and our commercial of the most liberal
kind. We enjoy the advantages of navigation
and trade, given to the most favored nation ; but
it has not yet suited their policy, or perhaps has
not been found convenient from other conside'-
ationS; to give stability and reciprocity to those
privileges, by a commercial treaty. The ill-
health of the minister last year charged with
making a proposition for that arrangement, did
not permit him to remain at St. Petersburg ;
and the attention of that government, during
the whole of the jwriod since his departure,
having been occupied by the war in which it
was engaged, we have been assured that nothing
could have been effected by his presence. A
minister will soon be nominate<l, as well to effect
this important object, as to keep up the relations
of amity and good understanding of which wo
have received so many assurances and proofs
from his Imperial Majesty and the Emperor his
predecessor.

" The treaty with Austria is opening to us an
important trade with the hereditary dominions
of the Emperor, the value of which has been
hitherto little known, and of course not suftt-
ciently appreciated. While our commerce finds
an entrance into the south of Germany by means
of this treaty, those we have formed with tlio
Han.seatic towns and Prussia, and others now in
negotiation, will open that vast country to the
enterprising spirit of our merchants on the north ;
a country abounding in all the materials for ix
mutually beneficial commerce, filled with en-
lightened and industrious inhabitants, holding
an important place in the politics of Europe, and
to which we owe so many valuable citizens.
The ratification of the treaty with tlie Porte was
sent to be exchanged by the gentleman appointeil
our charge d'affaires to that court. Some diffi-
culties occurred on his arrival ; but at the dato
of his last official dispatch, he supposed they had

; %''■

212

TIIIUTV YEARS' VIEW.

\k,'

bet'n ohviatcd, ami thut there was every pi-ospcct
of the exchnnjro Iteinp Hpi-eilily cffectHi.

•• This liiiislieH the ronn'cted view I have
thoiicht it projwr to jrive of our political and
comiiuTcial relutionfi in Europe. Kvery effort
in my power will he continued to strengthen and
ex lend them by treat icH founded on principles
of the most jR'rfect reciprwity of interest, neither
askiiifr nor conceding any exclusive advantage,
Imt lilienitinjr, as fur as it lies in my power, the
activity and industry of our fellow-citizens from
the siiael les which foreign restrictions may im-
pose.

"To Ciina and the East Indies, our commerce
continues in its usual extent, and with increased
facilities, which the credit and capital of our
jnerchants afford, l)y substituting bills for pay-
ments in s{)ccie. A daring outrage having been
committed in those seas by the plunder of one
of our merchantmen engaged in the pepper trade
at a port in Sumatra, and the piratical perpetra-
tois belonging to tribes in such a state of society
that the usual course of proceeding between
livilized nations could not bo pursued, I forth-
with dispatched a frigate with orders to require
immediate satisfaction for the injury, and in-
denmity to the suflerers.

" Few changes have taken place in our con-
nections with the independent States of America
since my last communication to Congress. The
ratification of a commercial treaty with the
United Republics of Mexico has been for some
time under deliberation in their Congress, but
was still undecided at the date of our last dis-
patches. The unhappy civil commotions that
have i)revailed there, were undoubtedly the
cause of the delay ; but as the government is
now said to be tranquillized, we may hope soon
to receive the ratification of the treaty, and an
arrangement for the demarcation of the bounda-
ies between us. In the mean time, an im-
portant trade has been opened, with mutual
benefit, from St. Louis, in the State of Missouri,
by caravans, to the interior provinces of Mexico.
Tl-.is commerce is protected in its progress
through the Indian countries by the troops of
the United States, which have been permit-
ted to escort the caravans beyond our boun-
daries to the settled part of the Mexican ter-
ritory.

" From Central America I have received assu-
rances of the most friendly kind, and a grati-
fying application for our good offices to remove
a supposed "...disposition towards that govern-
ment in a neighboring state: this application
was immediately and successfully complied with.
They ga\ ^ us also the pleasing intelligence, that
dittierences which had pievailctl in their internal
affairs had been peaceably adjusted. Our treaty
with this republic continues to be faitlifully ob-
served, and promises a great and beneficial com-
merce between the two countries ; a commerce
of the greatest importance, if the magnificent
project of a ship canal through the dominions
•f that state, from the Atlantic to the Pacific

Ocean, now in serious contemplation, shall fc»
exccutwl.

'• I have great satisfaction in commnnioatiri'.
the success which has attemied the cxiTtions "i \
our minister in Colombia to j)rocure a vcrv rot
sidcrablc reduction in the duties on our flour I
that republic. Indemnity, also, ha« l)o<;n stiui"!
lated for injuries received by our merchants from 1
illegal seizures ; and renewed assurances nn' ^
given that the treaty between the t«o countries I
shall be faithfully observed.

" Chili and Peru seem to Imj still threatcnn 1 1
with civil commotions; and, until they ghan | J
settled, disorders may naturally be oppn-hcndwl
requiring the constant presence of a niival for,!
in the Pacific Ocean, to protect our hsheries anij
guard our commerce.

" The disturbances that took place in tlic Em-
pire of Brazil, previously to, and immefliatdv
consequent uj)on, the abdication of the late Eni- 1
peror, neces.sarily suspended any effectual anpli!
cation for the redress of some past injuries sui-
fercd by our citizens from that government I
while they have been the cause of others, in
which all foreigners seem to have participated
Instructions have been given to our minister!
there, to press for indemnity due for los.scs occn- 1
sioned by these irregularities, and to take care
that oar fellow-citizens shall enjoy all the privi. j
leges stipulated in their favor, by the treatrl
lately made between the two powers ; all whioli I
the good intelligence that prevails between our I
minister at Rio Janeiro and the regency gives I
us the best reason to expect. I

" I should have placed Buenos Ayres on tho I
list of South American powers, in respect to I
which nothing of importance affecting us was to i
be communicated, but for occurrences which have I
lately taken place at the Falkland Islands in I
which the name of that republic has been used I
to cover with a show of authority acts injurious I
to our commerce, and to the property and liber- j
ty of our fellow-citizens. In the course of the!
present year, one of our vessels engaged in the I
pursuit of a jtrade which wo have always enjoT-l
ed without molestation, has been captured by al
band acting, as they pretend, under the authority I
of the government of Buenos Ayres. I have)
therefore gi"en orders for the dispatch of an arm- [
ed vessel, to join our squadron in those seas, and}
aid in affording all lawful protection to our tradel
which shall be necessary; and shall, withoutl
delay, send a minister to inquire into the nature!
of the circumstances, and also of the claim, if acr,|
that is set up by that government to tlioee iiil
anils. In the mean time, I submit the case tol
the consideration of Congress, to the end that thcjl
may clothe the Executive with such authorifvl
and means as they may deem neces.sary for pnJf
viding a force adequate to the complete protcc.|
tion of our fellow-citizens fishing and trading i
those seati.

" This rapid sketch of our foreign relations, itl
is hoped, fellow-citizens, may be of some use ij
so much of your legislati ju as mr.y benr on tlnd

ANNO 1831. ANDREW JACKSON. PRFJiinF.NT.

213

;-,pnrt»nt subject ; while it affords to the coiin-
',i^- at larjre a source of hiph prntificaton in tlic
ntt'inplation of our iioliticiil and coniniercial
;vinnection with the rest of tlic world. At jn-.ice
,)th all — having subjects of future difference
f\i\\ few, and those Buswntible of ea.sy adjust-
ment— -extending our commerce pradually on all
.,,ies, and on none by any but the most liberal
,n,l mutually beneficial means — wo may, by the
lilefyinfr of Providence, hope for all that national
jrosperity which can bo derived from an inter-
fouftc with foreign nations, guided by those
turiial principles of ju.stico and reciprocal good
^\\i which are binding an well upon States as
the individi'als of whom they are composed.

" I have great satisfaction in making this
itatcmcnt of our affairs, because the course of
iur national policy enables me to do it without
jny indiscreet exposure of what in other govern-
ments is usually concealed from the people.
Having none but a straightforward, open courte
(0 pursue — guided by a single principle that will
bear the strongest light — we have happily no
political combinations to form, no alliances to
entangle us, no complicated interests to consult;
and in subjecting all we have done to the con-
sideration of our citizens, and to the inspection
if tlie world, we give no advantage to other na-
tions, and lay ourselves open to no injury."

This clear and succinct account of the state of
our foreign relations makes us fully acquainted
with these affairs as they then stood, and presents
I view of questions to be settled with several
f«wers which were to receive their solution
from the firm and friendly spirit in which they
irould be urged. Turning to our domestic con-
cerns, the message thus speaks of the finances ;
showing a gradual increase, the rapid extinction
of the public debt, and that a revenue of 27f mil-
lions was about double the amount of all (jxpen-
ditures, exclusive of what that extinction absorb-
ied:

"The state of the public finances will be fully

i shown by the Secretary of the Treasury, in the
report wluch bo will presently lay before you.
I will here, however, congratulate you upon '. heir
prosperous condition. The revenue received in

1 the present year will not fall short of twenty-
seven million seven hundred thousand dollars ;

I and the expeuuitures for all objects other than
! public debt will not exceed fourteen million

I seven hundred thousand. The payment on ac-
count of the principal and interest of the debt,
iuring the year, will exceed sixteen millions and
ahdlf of dollars: a greater sum than has been

I applied to that object, out of the revenue, in any
rear since the enlargement of the sinking fund,
except the two years following immediately

I Jiercafter. The amount which will have been
jpplied to the public debt from the 4th of March,

182*.). to the 1st of Janunrv next, which is Km^
than three yenrs sin<'e the wlmiiiistnilion lias
l)ffn plaocil in niy hamls. will exceed forty mil-
lions of dollars.''

On the Kulijoct of government insolvent debt-
ors, the message said :

"In my annual message of December. lf^2'.'. I
had the honor to reeoniuu'iid the ailoptiun of ii
more li'jeral jiolioy than that which then jireviiil-
ed towards unfortunate debtors to the govern-
ment; and I deem it my duty again to invite
your attention to this subject. Actuate<l by
similar views, Congress at their last session pass-
ed an act for the relief of certain insolvent del-t-
ors of the United States : but the provi;;ions (if
that law have not been deemed such as were
adequate to that relief to this unfortunate clil^s
of our fellow-citizens, which may be safely ex-
tended to them. The points in which the hr.v
appears to be defective will be particularly com-
municated by the Secretary of the Treasury : and
I take pleasure in recommending such an exten-
sion of its provisions as will unfetter the enter-
prise of a valuable jjortion of our citizens, and
restore to them the means of usefulness to them-
selves and the community."

Recurring to his previous recommendation in
favor of giving the election of President and Vice-
President to the direct vote of the people, the
message says :

" I have heretofore recommended amendments
of the federal constitution giving the election
of President and Vice-President to the people,
and limiting the service of the former to a
single term. So important do I consider tlicj^e
changes in our fundamental law. that I cannot,
in accordance with my sense of duty, omit to
press them upon the consideration of a i \v Con-
gress. For my views more at large, as well in
relation to these points as to the disqualification
of members of Congress to receive an office from
a President in whose election they have had an
official agency, which I proposed as a substitute,
I refer you to my former messages."

And concludes thus in relation to the Bank of
the United States :

'• Entertaining the opinions heretofore express-
ed in relation to the Bank of the United States,
as at present organized, I felt it my duty, in my
former messages, frankly to disclose them, in or-
der that ihe attention of the legislature and the
people should be seasonably directed to that im-
portant subject, and that it might be considered
and finally disposed of in a manner best calcula-
ted to promote the ends of the constitution, and
subserve the public interests. Having thus con-
scientiously discharged a constitutional duty, I
deem it proper, on this occasion, without a more
particular reference to the views of the subject

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214

TIIIIITY YKAHS' VIFAV.

tlii-n ex[)r('SSP(l, to kavc it for the pn'Sfnt to the
iiiM-stipiiioii of nil fiili^'hteniJ jtooitk' oiul their
r(.'i)ii".seiitativc.s."

C II A P T K 11 L I X .

IlWKCTION OF MIt. VAN KirKEN, MINISTKIJ TO
km; LAN U

At the period of tlie election of General Jack.son
to the Presidency, four {gentlemen stood prominent
in the jiolitical ranks, eacli indicated by his friends
t'tr the succession, and each willing to be the
(iencral's successor. They were Messrs. Clay
and Webster, and Jlessrs. Calhoun and Van
Bnren ; tlie two former classing politically against
( iuncral Jackson — the two latter with him. But
uu event soon occurred to override all political
flistinction, and to bring discordant and rival
elements to work together for a common object.
'J'hnt event was the appointment of Mr. Van
Buren to be Secretary of State — a post then look-
ed upon as a stepping-stone to the Presidency —
and the iini)uted predilection of General Jackson
for him. This presented him as an obstacle in
t!ie path of the other three, and which the inter-
est of each required to be go^ out of the way.
'J'he strife first, and soon, begau in the cabinet,
where Mr. Calhoun had several friends ; and Mr.
Van Buren. seeing that General Jackson's ad-
ministiation was likely to be embarrassed on his
account, determined to resign his post — having
first seen the triumph of the new administration
ia the recovery of the British West India trade,
and the successful commencement of other nego-
tiations, which settled all outstanding difficulties
with other nations, and shed such lustre upon
Jackson's diplomacy. He made known his de-
sign to the President, and his wish to retire from
the cabinet — did so — received the appointment
of minister to London, and immediately left the
United States ; and the cabinet, having been from
the beginning without harmony or cohesion, was
dissolved — some resigning voluntarily, the rest
under requisition — as already related in the chap-
ter on the dissolution of the cabinet. The volun-
tary resigning members were classed as friends
to Mr. Van Buren, the involuntary as opposed
to him, and two of them (Messrs. Ingham and
Branch) as friends to Jlr. Calhoun; and be-
came, of course, alienated from General Jackson.

I was particularly p-iove<I af this l)renrh V«.tW(, .
Mr. Branch and the Proidcnt, having kni.«^
him from boyhood— l)cen school-follows topitlur
and being well acquainted with his inviolal,!,!
honor and loiif: and faithful attadmicnt to (»[,,.
ral Jackson. It was the complete extintlioii „f
the cabinet, and a new one was formed.

Mr. Van Buren had notliing to do with ihi,
dissolution, of which General Jackson haslxirm;
voluntary and written testimony, to be used in
this chapter; and also left behind him a written
account of the true cause, now first publislic |
in this Thirty Years' View, fully exoneratin.
Mr. Van Buren from all concern in that event"
and showing his regret that it had occmred. But
the whole catastrojjhc was charged upon him In-
his political opponents, and for the unworthy
purpose of ousting the friends of Jlr. Caliionn,
and procuring a new set of members entirely d^^
voted to his interest. This imputation was m-
gatived by his immediate departure from the
country, setting out at once iipon his mission
without awaiting the action of the Senate on lii^
nomination. This was in the summer of 183],
Early in the ensuing session — at its very com-
mencemcnt, in fact — his nomination was sent in.
and it was quickly perceptible that there was h
be an attack upon him — a combined one ; the
three rival statesmen acting in concert, and eacii
backed by all his friends. No one outside of the
combination, myself alone excepted, could believe
it would be successful. I saw they were masters
pf the nomination from the first day, and woujil
reject it when they were ready to exhibit a case
of justification to the country : and so informed
General Jackson from an early period in the ses-
sion. The numbers were sufficient : the difficultv
was to make up a case to satisfy the people ; and
that was found to be a tedious business.

Fifty days were consumed in these prelimi-
naries — to bo precise, fifty-one; and that in
addition to months of preparation before the
Senate met. The preparation was long, but the
attack vigorous; and when commenced, the
business was finished in two days. There were
about a df ^cn set speeches against him, from a>
many diiferent speakers — about double the num-
ber that spoke agamst WaiTcn Hastings— and
but four off-hand replies for him ; and it wa,
evident that the three chiefs had brought up all
their friends to the work. It was an unprece-
dented array of numbers and talent against cm

AXNO \%Z-2. ANDREW JACKSON. rilB^IDKNT.

215

-i.Tilual, and ho absent, — and of such nmcnity
(f uianiKTS as usually to disarm political o\>\m-
j;.;„n of all its virulence. The causes of olijccti(i;s
(Tire siii>i>oscd to be found in four difTcrent heads
of accu.-ution } each of which was olabonitely

1. The instructions drawn up and sipncd by
\lr. Van IV.iren as Secretary of State, under the
iirictiiii of the President, and furnishe<l to Mr.
\!.Lano, for his guidance in endeavoring to rc-
cptii tiie negotiation for the West India trade.

•j, Making a breach of friendship between the
fr.-t and second olDccrs of the government —
I'nsiiltnt Jackson and Vice-President Calhoun
-for the purpose of thwarting the latter, and
litlpins himself to the Presidency.

0. IJreaking up the cabinet for the same pur-
ple.
4, Introducing the system of " proscription"
(removal from oflBce for opinion's sake), for the
anie purpose.
A formal motion was made by Mr. Holmes,
I' of Maine, to raise a committee with power to
Rnd for persons and papers, administer oaths,
woivc sworn testimony, and report it, with the
committee's opinion, to the Senate; but this
loikt'd so much like preferring an impeachment,
ji well as trying it, that the procedure was
dropped ; and all reliance was placed upon the
Kimerous and elaborate speeches to be delivered,
ill carefully prepared, and intended for publica-
tion, though delivered in secret session. Rejection
oftlio nomination was not enough — a killing off
in the public mind was intended ; and thgrcfore
the unusual process of the elaborate preparation
and intended publication of tlio speeches. All
tlie speakers went through an excusatory for-
mtila, repeated with equal precision and gravity ;
abjuring all sinister motives; declaring them-
gelves to be wholly governed by a sense of public
duty ; describing the pain which they felt at
arraigning a gentlemra whose manners and
deportment were so urbane ; and protesting that
nothing but a pcnse of duty to the country could
force them to the reluctant performance of such
a painful task. The accomplished Forsyth com-
plimented, in a way to be perfectly understood,
this excess of patriotism, which could voluntarily
inflict so much self-distress for the sake of the
blic good ; and I, most unwittingly, brought
the misery of one of the gentlemen to a sudder
and ridiculous conclusion by a chance remark.

It was Mr. Gabriel Moore, of Alabama, who sut
near me, and to whom I saitl, when the vote wn.1
declared. " You have broken a minister, and
« lected !. Vice-I'iresident."' He asked how ? and
I lold him the people would see nothing in it
but a combination of rivals against a comjctitor.
and would pull them all down, and set him up.
"Good Gwl ! " said he, " why didn't you tell nio
that belore I voted, and I would have voted tlie
other way." It was only twenty minutes he-
fore, for he was the very last speaker, that Mr.
Moore had delivered himself thus, on this very
interesting point of public duty ag:unst private
feeling :

" Under all the circimistanoes of the case, not-
withstanding the able views which have been
presented, and the impatience of the Senate, I
feel it a duty incumbent upon me, not only in
justification of myself, and of the motives which
govern me in the vote which I am about to give,
but, also, in justice to the free and independent
people whom I have the honor in part to rejjre-
sent, that I should set forth the reasons which
have reluctantly compelled mo to oppose the
confirmation of the present nominee. Sir, it ii
proper that I should declare that the evidence
adduced against the character and conduct of
the late Secretary of State, and the sources from
which this evidence emanates, have made an
impression on my mind that v ill require of me,
in the conscientious though painful discharge of
my duty, to record my vote against his nomina-
tion."

The famous Madame Roland, when mounting
the scaflbld, apostrophized the mock statue upon
it with this exclamation : " Oh Liberty ! how -A
many crimes are committed in thy^apue !"
After what I have seen during my thirty years
of inside and outside views in the Congress of the
United States, I feel qualified to paraphrase the
apostrophe, and exclaim : •' Oh Politics ! how
much bamboozling is practised in thy game 1 "

The speakers against the nomination w^cre
Messrs. Clay, Webster, John M. Clayton, Ewing
of Ohio, John Holmes, Frelinghuysen, Poindex-
ter. Chambers of Maryland, Foot of Connecticut,
Governor Miller, and Colonel Hayne of South
Carolina, and Governor Moore of Alabama — just
a dozen, and equal to a full jury. Mr. Calhoun,
as Vice-President, presiding in the Senate, could
not speak ; but he was understood to be per-
sonated by his friends, and twice gave the
casting vote, one interlocutory, against the nomi-
nee — a tic being contrived for that purpose, and
the combined plan requiring him to be upon the

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216

THIRTV YEAIIS' VIKW.

roronl. Only four sjioke on the side of the
ii'iiiiiiiMtion ; (ioiicral Sjiiith of Afnrylund, Mr.
I'orsyth, Mr. Ikdfonl ISiown, iiml Mr. .Nhircy.
Mt'surs. Clay and "Webster, and their friendw,
cliiedy confined themselves to the instructions
'm tlio West India tratle ; the friends of Mr.
Calhoini {mid most attention to the cabinet rup-
'.iire, the separation of old friends, and the sys-
Icjn of proscription. Apainst the instructions it
was ullef^cd, that they l>e(rp;e<l as a favor what
was duo as a right ; that they took the side of
Great Britain against our own country ; and
tarried our party contests, and the issue of our
party elections, into diplomatic negotiations with
foreign countries ; and the following clause fiom
the instructions to Mr. McLano was quoted to
sustain these allegations :

" In reviewing the causcT w hich have preceded
»nd more or less contributed to a result so much
regretted, there will bo found tlireo grounds
upon which we are most assailable : 1. In our
K)o long and too tenaciously resisting the right
01 Great Britain to impose protecting duties in
her colonies. 2. In not relieving her vessels
from the restriction of returning direct from the
Lnited States to the cdonies after permission
hid been given by Great Britain to our vessels
tu clear out from the colonies to any other than
& British port. And, 3. In omitting to accept
tlic terms offered by the act of Parliament ef
jTuly, 1825, after the subject had been brought
before Congress and deliberately acted upon by
our government. It is, without doubt, to the
combined operation of these (three) causes that
wo arc to attribute the British interdict; you
will therefore see the propriety of possessing
yourself fully of all the explanatory and miti-
gating circumstances connected with them, that
you may be able to obviate, as far as practicable,
the unfavorable impression which they have
produced."

This was the clause relied upon to sustain the
allegation of putting his own country in the
wrong, and taking the part of Great Britain, and
truckling to her to obtain as a favor what was
due as a right, and mixing up our party contests
witn our foreign negotiations. The fallacy of
all these allegations was well shown in the re-
plies of the four senators, and especially by
General Smith, of Maryland ; and has been fur-
ther shown in the course of this work, in the
^hapter on the reco^^ery of the British West In-
dia trade. But there was a document at that
time in the Department of State, unknown to
the friends of Mr. Van Buren in the Senate,
irhich would not only have exculpated him, but

turned the attacks of his assailants against thru,
selves. The facLs were these: Mr. (Iiijlaim
while minister at I^mdon, on the sulijirt of tl,ii
trade, of course sent home disiatches, n(lilrcf;si.l
to the Secretary of State (Mr. Clay), ji, ,^i|j^|,
he pave an account of his progress, or nitlier of I
the obstacles which prevented any pntpress. in
the attempted negotiation. There were two nf I
these dispatches, one dated September 22, ]H%
the other November tho 14th, 1827. The latter
had been communicated to Congress in full, ami
printed among tho papers of the case ; of tlic
former t nly an extract hod been communicated
and that relating to a mere formal point. It .«)
happened that tho part of this dispatch of Sep. j
tcmbcr, 182G, .lot communicated, containod Mr,
Gallatin's report of the causes whidi led to tho
refusal of tho British to treat — their refusal to i
permit us to accept tho terms of their act of
1825, after the year limited for acceptanco \\afl
expired — and which led to tho order in council,
cutting us off from tho trade ; and it so happened l
that this report of these causes, so made by Mr,
Gallatin, was tho original from which Mr. Van j
Buren copied his instructions to Mr. McLane!
and which were the subject of so much censure I
m the Senate. I have been permitted by Mr,
Everett, Secretary of State under President Fill-
more — (Mr. Webster would have given mo the I
same permission if I had applied during his
time, for ho did so in every case that I ever j
asked) — to examine this dispatch in the Depart-
ment of State, and to copy from it whatever I i
wanted ; I accordingly copied the following :

"On three points we were perhaps vulnerable.

" 1. The delay of renewing the negotiation.

" 2. The omission of having revoked the re-
striction on the indirect intercourse when that
of Great Britain had ceased.

" 3. Too long an adherence to the opposition
to her right of laying protecting duties. This I
might have been given up as soon as the a.-t of
1825 passed. These are the causes assigned foi
the late measure adopted towards the United ]
St'ites on that subject 5 and they have, lui-
d jubtedly, had a decisive eifect as far as relates j
to the order in council, assisted as they were
by the belief that our object was to compel this
country to regulate the trade upon our own |
tyrms."

This was a passage in the unpublished part
of that dispatch, and it shows itself to be the
original from which Mr. Van Buren copied, sub-
stituting the milder term of assailable" where

ANNO 1832. ANDREW JACKSON, rRFSIDI'NT.

217

\|r. GalUtin had applied that of " vulnerable "
{jjlr, Adams'n administration. DoubtlcHS tlie
fntoiitj* of that dispatch, in this particular,
,ori' oiitircly forgotten \>y Mr. Clay at the time
l^ 8|)oke against Mr. Van Rurcn, having been
1 riwiveJ by him above fjur years before that
lime. They were probably as little known to
the rest of the opposition senators as to our-
^.|re.s ; and the omission to communicato and
nrint them could not have occurred from any
iiign to suppress what was material to the
ixbate in the Senate, as the communication and
.Tinting had taken place long before this occa-
tion of using the document had occurred.
The way I came to the knowledge of this
omitted paragraph was this : When engaged
upon tlie chapter of his rejection, I irrote to
jlr. Van Buren for his view of the case ; and
U s<nt mo back a manuscript copy of a speech
irhich he had drawn up in London, to be de-
!;rere(l in New-York, at some " public dinner,"
Thich his friends could get up for the occasion ;
lit which he never delivered, or published,
partly from an indisposition to go into the
neifspapera for character — much from a real
torbcarance of temper — and possibly from see-
ing, on his return to the United States, that ho
ras not at all hurt by his fall. That manu-
script speech contained this omitted extract,
1 1 trust that I have used it fairly and benefi-
I cially for the right, and without Invidiousness to
tiie wrong. It disposes of one point of attack ;
but the gentlemen were wrong ia their whole
broad view of this British West India trade
question. Jackson took the Washington ground,
lad he and Washington were both right. The
eajoyment of colonial trade is a privilege to be
solicited, and not a right to be demanded ; and
I tbe terms of the enjoyment are questions for
mother country. The assailing senacors
I were wrong again in making the instructions a
matter of attack upon Mr. Van Buren. They
I were not his instructions, but President Jack-
I fon's. By the constitution they were the Presi-
I dent's, and the senators derogated from that
I instrument in treating his secretary as their
I author. The President alone is the conductor
■of our foreign relations, and the dispatches
Iti^ed by the Secretaries of State only have
jtbrce as coming from him, and are usually au-
Itbenticated by the formula, " / am instructed
Vtj the President to ecu/,'" &c, &c. It was a

constitutional blunder, then, in the ki nators ta
treat Mr. Van liurcn as the author of tht's«> in.
structions ; il was also an error in jmint o/fnct.
(Jeneral Jack.t<jn himself f<]H'ciiilly din'ctiil
t? A ; and so authorized (ienenil Smith to
utclnre in the Senate — which he did.

lireaking up the cabinet, and niukitig ilisx-n-
Bion between General Jackson and Mr. Cal-
houn, was the second of the allifrntioiis against
Mr. Van Buren. KepuUed as this accuciitiou
has been by the character ot Mr. Van Buren,
and by the narrative of the " E.\po»ition," it has
yet to receive a further and most authoritative
contradiction, from a source which admits of
no cavil — from General Jackson himself— in a
voluntary declaration made after that event
had passed away, and when juHtice alone re-
mained the solo object to bo accomplished. It
was a statement addressed to "Martin Van Bu-
ren, President of the United States," dated at
the Hermitage, July 31st, 18-10, and ran in
these words :

" It was my intention as soon as I heard that
Mr. Calhoun had cxpr-'ssed his approbation oi
the leading measures of your administration,
and had paid you a visit, to place in your pos-
session the statement which I sliiill now make j
but bad health, and the pressure of other busi-
ness have constantly led mo to postpone it.
What I have reference to is the imputation that
has been sometimes thrown upon you, that you
had an agency in producing the controversy
which took place between Mr. Calhoun and my-
self, in consequence of Mr. Crawford's disclosure
of what occurred in the cabinet oi Sir. Monroe
relative to my military operations in Florida
during his administration. !Mr. Calhoun is
doubtless a'ready satisfied that he did you in-
justice in holding you in the slightest degree
responsible for the course I pursued on that oc-
casion : but as there may bo others who may
still be disposed to do you injustice, and who
may hereafter use the circumstance for the pur-
pose of impairing both your character and his,
I think it my duty to place in your possession
the following emphatic declaration, viz. : That
I am not aware of your ever saying a word to
me relativa to Mr. Calhoun, which had a ten-
dency to create an interruption of my friendly
relations with him: — that you were not conr
suited in any stage of the correspondence on
the subject of his conduct in the cabinet of Mr.
Monroe ; — and that, after this correspondence
became public, the only sentiment yuu ever e.r-
pressed to me about it was that of deep regret
that it should have occurred. You are at lib-
erty to show this letter to Mr. Calhoun and
make what other use of it you may think

:' ;j'

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218

THIItTV YKAIW VIEW.

firo|KT for (III' iMir[K)sc of cnrrcctinp the orro-
iHKii.H iiii|in>.sii)ii.s whiili Imvc pnvailol on thw

hubjtTt."

A ti'.-itiiiiDiiy iiiorc' lioiiorulilu tliaii this in \tc-
half of u itublic man, was never delivereil, nor
'luc more eompletely (h.^jirovin;; a <ii.-lioiiorahle
inii)utation, ami showing that j>rai.so won due
wJiire ccnsuro liail btrn lavished. Mr. Van
liiiren was not tlio canse of breaking up thu cabi-
net, or of making dissension between old friends,
or of raking up the buried event in Mr. Monnjc's
cabinet, or of injuring Mr. Calhoun in any way.
Yet this testimony, so honorable to !iim, wns
never given to the public, thongli furnished for
the purpose, and now appears for the first time
in print.

Equally erroneous was the assumption, taken
for granted throughout the debate, and so exten-
sively and deeply impressed upon the public
mind, that Mr. Calhoun was the uniform friend
of General Jackson in the election — his early
supporter in the canvass, and steadfast adherent
to the end. This assumption has been rebutted
by Mr. Calhoun himself, who, in his pamphlet
against General Jackson, shows that he was for
himself until withdrawn from the contest by
Mr. Dallas at a public meeting, in Philadelphia,
in the winter o' 1823 — 4; and after that was
fjeifoctly neutral. His words are : " IVhen my
name was withdrawn from Ihe list of presi-
dential caii'lidates, I assumed a perfectly ven-
tral position between Gen, Jackson and Mr.
Adams." This clears Mr. Van Buren again, as
he could not make a breach of friendship where
none existed, or supplant a supporter where
there was no support : and that there was none
from Mr. Calhoun to Gen. Jackson, is now au-
thentically declared by Mr. Calhoun himself.
Yet this head of accusation, with a bad motive
assigned for it, was most perseveringly urged
by his friends, and in his presence, throughout
the whole debate.

Introducing the " New-York system of pro-
scription" into the federal government, was the
last of the accusations on which Mr. Van Bu •
rcn was arraigned ; and was just as unfounded
as all the rest. Both his temper and his judg-
ment was against the removal of faithful o£B-
cers because of difference of political opinion, or
even for political conduct against himself — as
the whole tenor of his conduct very soon after,
and when he became President of the United

St»to»", abundantly showtMl. The dcpartimnti
at Wanliington, and some i)nrt of every Sttto in
the I'nion, gave proofs of his forU-nranr-e in thi<
particular.

1 have alreaily told that I did not i.^,..\
in the debate on the nomination of .Mr. Van
IJuren ; and this silence on such an occasion niav
require explanation from a man who docs mit
desire the character of neglecting a friind in n
pinch. I had strong reasons for that abslincncv,
and they were obliged to be strong to iimdinv
it. I was opposed to Mr. Van Buren's goin^ to
England as minister. lie was our intended can-
didate for the Presidency, and 1 deemed Kudi a
mission to be prejudicial to him and the partv
and apt to leave us with a candidate wcakentil
with the people by ab.senco, and by a residence
at a foreign court. I was in this state of mind
when I saw the combination formed against
him, and felt that the success of it would lie Iiis
and our salvation. Rejection was a bitter medi-
cine, but there was health at the bottom of tlio
draught. Besides, I was not the guardian of
Messrs. Clay, Webster, and Calhoun, nnd wiis
quite willing to see them fall into the pit which
they were digging for another. I said nothing'
in the debate ; but as soon as tho vote was over
I wrote to Mr. Van Burcn a very plain letter,
onl}' intended for himself, and of which I kcjt
no copy ; but having applied for the original for
use in this history, he returned it to me, on the
condition that I should tell, if I used it, that in
a letter to General Jackson, ho characterized it
as " honest and sensible." Honest, I knew it
to be at the time ; sensible, I believe the event
has proved it to be ; and that there was no mis-
take in writing such a letter to Mr. Van Burcn,
has been proved by our subsequent intercourse.
It was dated January 28, 1832, and I subjoin it
in fi'ill, as contemporaneous testimony, and as an
evidence of the independent manner in which I
spoke to my friends— even those I was endeavor-
ing to make President. It ran thus :

" Y'our faithful correspondents will have in-
formed you of the event of the 25th. Nobody
would believe it hero until after it happened, but
the President can bear me witness that I pr^
pared him to expect it a month ago. The public
will only understand it as a politiml movement
against a rival ; it is right, howeverj that you
should know that without an auxiliary cause
the political movement against you would not
have succeeded. Thero were gentlemen votmg

ANXO isai. ANIMIKW J.U'KSON. rmislUKNT.

•J ID

iiin>t you who wouM not hivp donr so except
. -a ri'iisDii which wiis stronit nnil rn'nr in tluir

;vn tnin'l'. uml whit'l: (it wnulil Ih' ini|ini|MT to
,,,<5t'iiilili ,) '!'<■* Iiiirt yiiii in thu i-stiniiition of
..iiiy cJiinhd nniJ (hsintin'stid iK-dplf. Alter
..iviii^: thi-t miu'li, I must nlso nay, tlint I I'xik
,;[mii tliii* litii'l oCohjirtion as ti-niiiorary, dyinjt

It '/ ilsilf, and to Ih? Hwallowfd up in the
, irri'iit and accnnMiliilinp; topies of the day.
V,iii d'Hihtless know wluit is ijest for yonrnelf,
;,;; i it dot'8 Hot iK'como Hic to Hiako HUtri^'Htions ;
l,it for myself, when I find mvsflf on the hriilj^c
oi'Lodi. I neitlior nfop to parley, nor turn liack
to start again. Forwanl, is the word. Some
Kiv. make you povernor of New- York ; I say,
voii have Ijeen povernor before : that is turninp
kick. SoTno Pay, conio to tlio Senate in place
of .>*mc of your friends; I say, that of it.self will
lie nnly parleying with the enemy .yhile on the
iiiiddlo of the bridge, and receiving their fire.
Thu vice-presidency is the oidy thing, and if a
pliicc in the Senate can be coupled with the trial
lor th»t, then a idnce in the Senate might be
de:'irablc. The Baltimore Convention will meet
in tlie month of May, and I presume it will bo
in the discretion of your immediate fi'iends in
New-York, and your loading friends here, to
have you nominated ; and in all that atlair I
think you ought to be passive. 'For Vice-
Iteident,' on the JaAson ticket, will identify
vou with him; a few c, rdinal principles of the
l,iij democratic school might make you worth
contending for on your own account. The dy-
nistv of ".t8 (the federalists) has the Bank of
the I'uitcd States in its interest ; and the Bank
of the United States has drawn into its vortex.
and wields at its pleasure, the whole high taritt
iind federtil internal improvement party. To set
up for yourself, and to raise an interest which
can unite the scattered elements of a nation,
you will have to take positions which are visible,
and represent principles which are felt and un-
derstood; you will have to separate yourself
from the enemy by partition lines which the
inoplecivnsee. 'The dyna.sty of '08 (federalists)^
tiie Bank of the United States, the high taritt
party, the federal internal improvement party,
are against you. Now, if you are not against
them, the people, and myself, as one of the pco-
\k. can see nothing between you and them
\iorth contending for, in a national point of
view. This is a very plain letter, and if you
don't like it, you will throw it in the fire ; con-
sider it as not having been written. For myself,
1 mean to retire upon my profession, while I
liave mind and body to pursue it ; but I wish
to see the right principles prevail, and friends
instead of foes in power."

The prominent idea in this letter was, that
tlio people would see the rejection in the same
Hght that I did — as a combination to put down
a rival — as a political blunder — and that it
would work out the other way. The same idea

prcvailcfl in England. On the < v« nln.' i-f thi>
day, tin the morning of which all the I,iiih|i>ii
newxpajHTs heralded the njection of the Aiinri-
nin milliliter, ihcre wn.i n gnat party at Prince
Tul ley rami'.-' — then tlic n priM'ntiiti\e iit the
British court, of the new Kingnf the French,
Louis IMiillipiH". Mp. Van liiinii, nhvnys mas-
ter of himself, and of all the prnpriftics of his
jwisition, was there, as if nothing had liiipi«iiiil ;
and received distinguished attentions, and tmu-
pllmentary allusiuns. Lord Aiikland, grandsou
to the Mr. Eden who was one of the Commis-
sioners of Conciliation sent to us at the In-gin-
ning of the revolutionary troubles, said to him,
"It is an advantage to a jjublic man to bo the
subject of an outrage" — a remark, wise in itself,
and prophetic in its apjdicntion to the person to
whom it was addresse<l. He came home — appa-
rently gave himself no trouble about what had
happened — was taken up by the people — elect-
ed, successively, Vice-President and I'resident —
while none of those combined against him ever
attained either position.

There was, at the time, some doubt among
their friends as to the policy of the rejection ,
but the three chiefs were positive in their belief
that n senatorial condemnation would be ])oliti'
cal death. I heard Mr. Calhoun say to one of
his doubting friend.% "It will kill him, sir, kill
him dead. Ho will never kick sir, never kick ; "
and the alacrity with which he gave the casting
votes, on the two occasions, both vital, on which
they were put into his lianils, attested the sin-
cerity of his belief, and his readiness for the
work. How tho.se tie-votes, for there were two
of them, came to hapjK'n twice, " hand-running,"
and in a case so important, was matter of marvel
and speculation to the public on the outside of
the locked-up senatorial door. It was no mar-
vel to those on the inside, who saw how it was
done. The combination had a supci'lluity of
votes, and, as Jlr. Van Buren's friends were
every one known, and would sit fast, it only re-
quired the superQuous votes on one side to go
out ; and thus an equilibrium between the two
lines was established. When all wa.s finished,
the injunction of secrecy was taken off the pro-
ceedings, and the dozen set speeches delivered in
secret session immediately published — which
shows that they were delivered for effect, not
upon the Senate, but upon the public mind.
The whole proceeding illustrates the impolicy,

I 1 I

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220

TiriKTY YF.AItS* VIKW.

M Wfll an iK'ril to thcnist'lvcti, of rival pulilif invt-nti-d liy « Scotch l)ankiT of AUriliTn. w| ,
nun Kittin;; in jinl;.'in<'nt iiinm cndi other. nrnl i inHii<<l notcn pnyolilc in London, nlw»yj ,/
curifM n wiirniiij; iiloii;,' witli it which Khoiiiil [ Hnmll (iciioniinnlionH, that noh(Hly nhoiiM t.ii, .
not 111' lo.it. ! tht in up to London for redemption. The Itmr

Ah im event ullicl in).' thi' most eminent piihlic of Irehmd foeinjc what a pretty way it Ma, ,,,
nun of the dny, nnd connecting itMlf with the ' iwHiu) luden wliich tlioy could not pmctimlly »,.
Kellliiiienl of one of our important fon-ipi com- 1 compelled to |>ay, adopt«<l thcsiime trici< ij,,.

niereial ((uestioiiN — as beIon;.'inff to hixtory, anil
uireiuly cikri'ied into it hy the M'liatoriul debatcH
— iiM a key to unlock the nieanin;? of other con-
duct — T deem this nosount of the iikjection of
Mr. Van Huren a necesfary appendage to tlie
settlement of the Uritifdi West India trade ques-
tion — as an act of justice to (ieneral Jackson's
ndministrntion (the wliole of wliich was involved
in the censure then cast upon his Secretary of
State), and asasunlK>am to illuminate the laby-
rintii of otlier less paljiablo concatenations.

CHAP TEH LX.

B.VNK OF TIIF. UMTKI) 8T.\ I r:S— ILLEGAL AND

Villous cui!Ui;m;y.

In his first annual message, in the )-car 1829,
President Jackson, besides calling in question the
unconstitutionality and general expediency of the
Bank, also stated that it had failed in furnish-
ing a uniform currency. That declaration was
greatly contested by the Bank and its advocates,
and I felt myself bound to make an occasion to
show it to bo well founded, and to a greater ox-
tent than the President had intimated. It had
in fact issued an illegal and vicious kind of paper
— authorized it to be issued at all the branches
— in the shape of drafts or orders payable in
Philadelphia, but voluntarily paid whore issued,
and at all the branches ; and so made into a
local currency, and constituting the mass of all
its paper seen in circulation ; and as the great-
est quantity was usually issued at the most re-
mote and inaccessible branches, the payment of
the drafts were well protected by distance and
difficulty ; and being of small denominations,
loitered and lingered in the hands of the labor-
'ng people until the " wear and tear " became a
large item of gain to the Bank, and the diflSculty
of presenting them at Philadelphia an effectual
bar to their payment there. The origin of this
iind of currency was thus traced by me : It was

the KiigliKh country bankers followed thi> i\.
am4)le. But their career was short. The Hn,.
ihh parliament took hold of the fraud. aii>l ^M^
|)resKcd it in the three kingdoms. Tli;it imrli.!.
mcnt would tolerate no currency issued m ,,,_^,
place, and payable at another.

""he mode of proceeding to pet at the qucstlnii
of this vicious currency was the same as that
pursued to get at the question of the iion-rc
newal of the charter — namely, an oiiplicati,,),
for leave to bring in a joint resolution dfclariiii'
it to 1)0 illegal, and ordering it to bo supprcsstd.
ond in asking that leave to give the reasons for
the motion: which was done, in a spctch if
which the following are some pai . :

" Mr. Benton ro.«e to ask leave to bring in his
promised resolution on the state of the curri'n('\ .
lie said he had given his notice for the liavu ln^
was about to ask, without concerting or consult.
ing with any member of the Senate. The olji,,.t
of his resolution was judicial, not political; aiiis,
but as judges. He had conversed with no ono,
neither friend nor adversary ; not through con^
tempt of counsel, or fear of opposition, hut fioui
a just and rigorous regard to decorum and pro-
priety. Ilia own opinion had been made up
through the cold, unadulterated process of legal
research ; and he had done nothing, and wouW
do nothing, to prevent, or hinder, any other stna-
tor from making up his opinion in the same
way. It was a case in which politics, esjifciailv
partisan politics, could find no place ; and in thu
progress of which every senator woiild feel him-
self retiring into the judicial office — becomini;
one of the judicea aelecti — and searching into
the stores of his own legal knowledge, for the
judgment, and the reasons of the judginent,
which he must give in this great cause, in which
a nation is the party on one side, and a grat
moneyed corporation on the other. He [Mr. b,|
believed the currency, against which his resolu-
tion was directed, to be illegal and dangerous;
and so believing, it had long been his determina-
tion to bring the question of its legality before
the Senate and the people; and that without re-
gard to the powerful resentment, to the effect-
of which he might be exposing himself. He ha!
adopted the form of a declaratory resolution, be-
cause it was intended to declare the true scm
of the charter upon a disputed point. He mailu
his resolution joint in its character, that it might

instruction, in an

ANNO \»^^ ANDREW JACKSON. n:J>II»F.NT.

L^21

li^fP thi'nrtiiin of lioth IIoiimcm nrConim'w*! itnii
t.nicli' ii> itx ul>J^°*^'i *'•■( tl>*' >■>'"■> •lt'!*>l>rn irii)(ht
i;.:t Ik' I'inlinrrBMttil with iiiinor |iri'|»<)HitM>ii»<.
])ii' fiirni of till' n-Noliition iittw liiiii u rixlit to
iialv lii^ ri'AfiotiM for aNkini; Ivavv to liriiiK it in ;
ilic ii«|>ort«iu*u of it n><|iiiriii those r('nM)iiMto l>o
rli«rl.v Mtatud. Tho Si'tmtt>, also, lia.s itH ri(;hts i
,11,1 its <lutic>s. It ia thu rifclit of (hu St'iiati- and I
lliiusi- of lU'piTM'ntativi'M, as (ho foiimli-r of the
l„iili t(tr|Hiration, to examine into the n-jjuhirity ,
of its |ir<M'ee<linp<, ami to take rocnizenco of the i
nilrai'tions uf itH charter ; and tliiri ri^ht hiut he- j
(1,1110 i» duty, sinco thu very trihunid Helected \ty
•>' I'iiiirter to try these infractiunH had tried this
KTY (|iic'Stion. ami that without tlie formality uf
I fcirr Jiician or tho pix'seiico of the atlverse
l«rty, and hud jriven judgment in favor of the cor-
uirntion ; a deeiHion wliich ho [Mr. li.J wa^coni-
Klhl,l»y thestronnestconvictionsofhisjudj^iuent,
lu consider l>oth ax cxtrnjudicial and erroneous.

"The resolution, continued Mr. B., which I am
L-kiii); leave to bring in, cxpresMCB itH own ob-
i^tt. It declares against tho legality of these
npliTs, AS A ciitHENt V. It is tlic currency which
1 «rrai|.'n. I make no inquiry, for 1 will not om-
harrass my subject with irrelevant and inima-
urial in(|uirics — I make no inquiry into the
modes of contract and payment which are pcr-
iniitcd. or not permitted, to the Bank of the
United States, in tho conduct of its private dcal-
in.'saml individual transactions. My business
liis with tho currency ; for, between public cur-
rwicy and private dealings, the charter of tho
liaiiii has made a distinction, and that founded
ill the nature of things, as broad as lines can
draw, and as clear as words can express. The
currency concerns the public ; and the soundness
of timt currency is taken imder the parti<i\ilHl
!.'uai"diaiiship of the charter ; a special c ■ lo of law
is ciiicted for it : private dealings coHcern indi-
villllal^ : and it is for individuals, in makin; their
lianjains. to take care of their own nilerests.
Till' chnrtcr of the Bank of the United States has
authorized, but not rcgulatt'^1, cetHain private
(lealin,!^ of the bank ; it is full »nd explicit upon
tlie rcjrulation of currency. Ipon this distinc-
tion 1 take my stand. 1 establish myself upon
tlie broad and clear distinction which reason
mitkes, and the charter sanctions. I arraign the
oiirrency ! I eschew all inquiry into the modes
of making bargains for tho sale or purchase of
bills of exchange, buying and selling gold or sil-
ver bullion, building houses, hiring otticers, clerks.
and servants, purchasing necessaries, or laying
in supplies of fuel and stationery.

'' 1. I object to it because it authorizes an is-
sue q/cM/rency wpon conatmtction. The issue
of currency, sir, was the great and main business
for which the bank was created, and which it is,
in the twelfth article, expressly authorized to
perform , and I cannot pay so poor a compliment
tu the understandings of the eminent men who
framed that charter, as to suppose that they left
the main business of the bank to be found, by
instruction, in an independent phrase, and that

phraM> to bo fouml but nnn< in the wholi> i-)mr-
ter. I cannot minpUnu-nt tlirir undi-rxtan>lin^'<«
with the Hup|M)->iii<iii (liiti, ul'tcr iin\ iiiu' aiitlmr-
izetl and detiiuil a rurreiicy, nnd sidijtctt'd it In
numerous rotrietions, tlicy had Icit o|it'n thu
door to tho i.xsiie of aii-ither sort of euiii'iii y,
upon construction, whu-h should HU|M'rs(<te thu
kind they had priscrilK-d, and liefrei- from every
restriction to which the prescribetl cum ucy was
subji-ct.

" Ix't US rerapitulate. Let us sum up (he points
of incom|>atil)ility U-tween tho charHcU-ristics of
this cunency, and thu requisites of the charter :
lot UR group and contrast tbo fri^hdid feuturi's
of their llagrant illegality. I. Aiv (hey signed
by the president of the bank and his principal
cashier ) They oro not I 'J. Are they under
tho corporate seal ] Not at all ! ;j. Are they
drawn in tho name of tho coriM)ration 7 By no
means I 4. Aro they subject to the double lim-
itation of time and amount in case of credit ?
They aro not; they may exceed sixty days'
timu, and bo loss than one hundred dollars ! .').
Aro they limited to tho mininnim size of live
dollars ? Not at all ! 0. Aro (hey subject to
tho 8ui)crvision of the Secretary of (he Tix'usury ?
Not in the least ! 7. Tho prohibition against
susj)en(ling K|H'cio payments? 'J'liey are not
subject to it ! 8. The penalty of double interest
for delayed pavment ? Not subject (o it ! '.•.
Are they payable whore issued ] Not at all,
neither by their own terms, nor by any law
applicable to them 1 10. Aro they payable at
other branches 1 So far from it, that they were
invented to avoid such payment I 11. Aro they
transferable by delivery ? No ; by indorse-
ment 1 12. Are they receivable in payment of
public dues ? So far fronj it, that they are twice
excluded from such payments by positive enact-
ments I 13. Aro tho directors liable for exces-
sive issues ? Not at all ! 14. Has the holder a
right to sufc at the branch which issues the order 1
No, sir, he has a right to go to Philadelphia, and
sue the directors there ! a right about equivalent
to tho privilege of going to Mecca to sue tho
successors of Alahomet for tho bones of tho
prophet ! Fourteen points of contrariety and
ditl'orcnce. Not a feature of the charter m the
faces of thesf orders. Every mark a contrast ;
every lineament a contradiction ; all announcing,
or rather doniHmcing, '> the world, the positive
fact of a spurious iiio<;eny; tho incontestable
evidence of an illegitiiiiite and bastard issue.

"I have now, Mr. l*resident, brought this
branch bank curren< _ to the test of several
provisions in the charter, not all of them, but a
few which are vital and decisive. The currency
fails at every test ; and upon this failure I pre-
dicate an argun-ent of its total illegality. Thus
far I have spoken upon the charter, and have
proved that if this currency can prevail, that
instrument, with all its restrictions and limita-
tions, its jealous, prohibitory constitution, and
multiplied enactments for the safety of the public,
is nothing but a blank piece of paper iu the handa

■1

\v--

ooo

THIRTY YEARS' VIEW.

of the bank. I will now have rt'ooiirf>e to another
clnsM of aiyuinent;! — a class extrinsic to the char-
ter, Imt close to the Hulijort — indisjKiisalilc to
fair examination. an<l directly Iwarinp upon the
ilk'fral ciiaracter of this currency.

'"1. In the first place, I must insist that these
orders cannot possihly serve for currency, be-
cause they are subject to the law of indorsablc
paper, 1"ho law which governs all such paper
is too universally known to be enkirged ui)on
nere. Presentation for acceptance and payment,
notice of default in either, prompt return of the
dishonored paper; and all this with rigorous
l)unctuality, and a loss of recourse for the slight-
est delay at any point, arc the leading features
of this law. Now it is too obvious that no paper
subject to the law <A' indorsement can answer
the purposes of circulation. It will die on the
hands of the holders while passing from one to
another, instead of going to the place of pay-
ment. Now it is incontestable that these orders
are instruments negotiable by indorsement, and
by indorsement alone. Whether issued under
the charter, or under the general laws of the
land, they are still subject to the law of indors-
ablc paper. They are the s.ime in either case
as if drawn by one citizen upon another. And
this is a point which 1 mean to make clear : for
many worthy people believe there is some pe-
culiar law for bank paper, which takes it out of
the operation of the general laws of the land.
Not so the fact. The twelfth fundamental ar-
ticle of the bank constitution declares that the
bills or notes to be issued by the bank shall be
negotiable in the same manner as if issued by a
private person; that is to say, those payable to
a named person or his order, by indorsement,
in like manner and with the like effect as foreign
bills of exchange ; and those made p.ayable to
hearer shall be negotiable by delicertj alone ;
in the same manner, we may add, as a silver
dollar. So much for these orders, if drawn under
the charter ; if not drawn under it, they are then
issued under the general law of the land, or with-
out any law at all. Taken cither under the charter
or out ot it, it comes to the same point, namelj',
that these orders are subject to the same law as if
drawn by one private pcr.son upon another. This
is enough lo lix their character, and to condemn
them as a circulating medium; it is enough for
the people to know ; for every citizen knows
enough of law to estimate the legal value of an
■xnaccepted order, drawn upon a man five hun-
dred or one thousand miles off! IJiit it has the
word hearer on the back ! Yes, sir, and why
not on the face as easily as on the back ? Our
school-time acquaintance. Mr. President, the
gentleman from Cork, with his coat buttoned
behind, hail a sensible, and, I will add, a lawful
reason for arraying himself in that grotesque
habiliment ; but what reason can the bank have
for putting bearer on the back of the order,
where it has no effect upon its negotiable cha-
racter, and omitting it on the face, where it
would have governed the character, and secured

to the holder all the facilities for the nrnmrii 1
and easy recovery of the contents of a nu-x I
transferable by mere delivery ? The onlv iffirt
of this preposterous or cunning imlorsi'nvnt i
miist be to bamljoozle the ignorant — p,ir<lon th^
low word, sir — to bamboozle the ignorant v, ji), 1
the belief that they are handling a cnmncv
which may at any time be collected without
proof, trouble, or delay ; while in n-ality it is a 1
currency which reeer^-es to the bank all the jepii
defences which can be set up to prevent the r<'.
covery of a parcel of old, unaccepted, unpresentui]
unatithorized bills of exchange.

" 2. I take a second exception to these orders i
as a currency. It is this, that being once paid
they are done with. A note transferable liy 1
delivery, may be reissued, and its pav meat dJ-
manded again, and so on for ever. But a bill of
exchange, or any paper subject to the same law
with a bill of exchange, is incapable of reissue and
is payable but once. The payment once made,
extinguishes the debt ; the paper which evidenced
it is dead in law, and cannot be resuscitated by 1
any act of the parties. That payment can 1*
plead in bar to any future action. This law j
applies to checks and orders as well as to bills |
of exchange ; it applies to bank checks and orders
as well as to those of private persons, and tliis
allegation alone would annihilate every preten-
sion of these branch bank orders to the character
of currency,

" The bank went into operation with the tie-
ginning of the year 1817 ; established eighteen
branches, half a dozen of which in the South
and West ; issued its own notes freely, and
made large issues of notes payable at all tlie>e
branches. The course of trade carried the
branch notes of the South and West to the
Northeast ; and nothing in the course of trade
brought them back to the West, They were
payable in all demands to the federal govern-
ment ; merchants in Philadelphia, New-York,
and Boston received them in payment of good^^j
and gave them — not back again in payment of
Southern and Western produce — but to the
collectors of the customs. Become the money
of the government, the bank had to treat theiii
as cash. The fourteenth section of the charter
made them receivable in all payments to the
government, and another clause required the
bank to transfer the moneys of the government
to any point ordered ; these two clauses (the
transfer clause being harmless without the re-
ceiving one contained in the fourteenth section)
laid the bank under the obligation to cash all
the notes of all the branches wherever present-
ed ; for, if she did not do it, she would be or-
dered to transfer the notes to the place where
they were payable, and then to transfer the sil-
ver to the place where it was wanted ; and both
these operations she had to perform at her own
expense. The Southern and Western braneh
notes flowed to the Northeast ; the gold and
silver of the South and West were oi-dered to
follow them ; and, in a little while, the specie

Tdicy ! Applicati<

AX.VO 1832. ANDREW JACKSON', mrSIDENT.

,^ the South and West was tranRferrcd to the
.SurlliL'-ist ; but the notes wont faster on hoi^-s
IjiI in inuil stapes than the silver could go m
Jiurons ; and tlio parent Imnk in Philadelphia,
siui the branches in New-York and lloston, ex- ■
hiustod by the double operation of providinp;
f.r tlicir own, and for tsouthem and Western
branch notes besides, were on tlic point of stop- 1
mf payment at the end of two years. Mr.
Ciicves then came into the prcsidencjr ; ho :
.topped the issue of Southern and A\ estem
iiniiich paper, and saved the bank from insol-
Tdicy ! AppHcation was then made to Con-
ltcss to repeal the fijurtcenth section of the
chart'T, and thus relievo the bank from this
obligation to cash its notes every w here. Con-
rrf.M refused to do so. Applicati-m wiis made
at the same time to repeal a part < the twelfth
fundamental article of the constitution of the
banli. for the purpose of relieving the president
jnd principal cashier of tho parent bank from
the labor of signing the five and ten dollar
iiott'3. Congress rejmed that application also.
And here every thing rested while Mr. Cheves
continued president. The Southern and West-
ern branches ceased to do business as banks ;
ni) bank notes or bills were seen but those
' bearing tho signatures of the president and his
principal cashiei^ and none of these payable at
Sjuthern and Western branches. The profits
uf the stockholders became inconsiderable, and
the prospect of a renewed charter was lost in
the actual view of the inactivity and uselessness
of the bank in the South and West. Mr. C heves
retired. He withdrew from an iristitution he
had saved from bankruptcy, but which he could
not render useful to tho South and W^est ; and
then ensued a set of operations for enabling the
bank to do the things which Congress had re-
fused to do for it ; that is to say, to avoid the
operation of the fourteenth section, and so much
of tiie twelfth fundamental article as related to
tiie signature of the notes and bills of the bank.
Tiiese operations resulted in the invention of
tlie branch hank orders. These orders, now
tiooding tho country, circulating as notes, and
considered every where as gold and silver (be-
cause they are voluntarily cashed at seveml
branches, and erroneously received at every
land office and custom-house), have given to
the bank its present apparent prosperity, its
temporary popularity, and its delusive cry of a
Bound and uniform currency. This is my nar-
rative ; an appalling one, it must be admitted ;
but let it stand for nothing if not sustained by
the proof.

•'I have now established, Mr. President, as I
trast and believe, the truth of tho first branch
of my proposition, namely, that this currency of
branch bonk orders is unauthorized by tho
charter, and illegal. I will now say a few words
in support of tho second branch of the proposi-
tion, namely, that this currency ought to be
Euppresscd.

"The mere fact of the illegality, sir, I should

hold to be f;ufr\cicnt to justify this sup|)n'!5'<i(>n.
In a country of laws, tho lawn (*lii>nld Iwj
obeyed. No private individual (iliould bi- al-
lowed to trample them under foot ; nuich K'sh
a ptiblic man, or public body ; least ol'ixil, a prtut
moneywl corporation wieldinj; above one liun-
drcd million') of dollars per annum, and boUliy
contending \fith the federal government for the
sceptre of political power — money is pnirer!
The Hank of the United States possesses more
money than the federal government; and the
question of power is now to be decided between
them. That question is wrapi)ed up in the
case before you. It is a case of clear conviction
of a violation of the laws by this great moneyed
corporation ; and that not of a sinpie statute,
and by inadvertence, and ia a small matter,
which concerns but few, but in one pcnernl,
sweeping, studied, and systematic infraction of
a whole code of laws — of an entire constitution,
made for its sole government and restraint — nnd
tho pernicious effects of which enter into the
revenues of tho Union, and extend themselves
to every moneyed transaction between man and
man. This is the case of violated law which
stands before you; and if it goes unpunished,
then do I say, the question of ])oliticul power is
decided between the bank and the government.
Tho question of supremacy is at an end. Let
there be no more talk of restrictions or limita-
tion in tho charter. Grant a new one. Grant
it upon the spot. Grant it without words !
Grant it in blank I to save the directors from tho
labor of re-examination ! the court from the labor
of constructions ! and yourselves from tho **^-
radation of being publicly trampled under foot.

" I do insist, Mr. President, that this currency
ought to be suppressed for illegality alone, even
if no pernicious coneequences could result from
its circulation. But pernicious consequences do
result. Tho substituted currency is not tho
equivalent of tho branch bank notes, whose
place it has usurped: it is inferior to those
notes in vital particulars, and to the manifest
danger and loss of the people.

" In the first place, these branch bank orders
are iiot payable in the Ulatcs in which Iheynre
issued. Look at them! they aro nominally
payable in Philadelphia ! Look at the law !
It gives tho holder no right to demand their
contents at the branch bank, until the order has
been to Philadelphia, and returned. I lay no
stress upon the insidious circumstance that these
orders are now paid at the branch where issued,
and at other branches. That voluntary, delu-
sive payment may satisfy tho^e who are willing
to swallow a gilded hook ; it may satisfy those
who are willing to hold their property at the
will of the bank. For my part, I want law for
my rights. I look at tho law, to the legal
rights of the holder, and say that he has no
right to demand payment at the brnnch wliicli
issued the order. The present custom of paying
is voluntiiry, not compulsory ; it dejienls upon
the will of tiio bank, not upon law ; and nono

../

1;;.;

■ <

* , ■•■{

» '.

224

THIRTY YEARS' VIEW.

but twnintx ran require, or slaves submit to, a
tenuns nt will. These orders, even admitting
them to Ixj k-};al, arc only payable in Philadel-
phia ; and to demand payment there, is a delu-
sive and impracticable ripht. For the body of
the citizens cannot go to Philadelphia to get the
change for the small orders ; merchants will not
remit them ; they would as soon carry up the
firus of hell to Philadelphia ; for the bank would
consign them to ruin if they did. These orders
are for the frontiers ; and it is made the interest
and the policy of merchants to leave them at
home, and take a bill of exchange at a nominal
premium. IJrokcrs alone will ever carry them,
and that as their own, after buying them out of
the hands of the people at a discount lixed by
themselves.

" This contrivance, Mr. President, of isstiing
bank paper nt one place, payable at another and
a distant place, is not a new thing under the
sun ; but its success, if it succeeds here, will be
a new thing in the history of banking. This
contrivance, sir, is of European origin. It began
in Scotland some years ago, with a banker in
Aberdeen^ who issued promissory notes paya-
ble in London. Then the Bank of Ireland set
her branches in Sligo, Cork, and Belfast, at the
same work ; and they made their branch notes
payable in Dublin. The English country bankers
took the hint, and put out their notes payable
in l-ondon. The mass of these notes were of
the smaller denominations, one or two pounds
sterling, corresponding with our five and ten
dollar orders; such as were handled by the
laboring classes, and who could never carry
them to London and Dublin to demand their
contents. At this point the British Imperial
Parliament took cognizance of the matter;
treated the issue of such notes as a vicious
practice, violative of the very first idea of a
sound currency, and particularly dangerous
to the laboring classes. The parliament sup-
pressed the practice. This all happened in the
year 1820; and now this practice, thus sup-
pressed in England, Scotland, and Ireland, is
m full operation in our America! and the di-
rectors of the Bank of the United States are
celebrated, as the greatest of financiers, for
picking up an illegal practice of Scottish origin,
and putting it into operation in the United
States, and that, too, in the very year in which
it was suppressed in Great Britain ! "

Leave was not given to introduce the joint
resolution. The friends of the bank being a
majority in the Senate, refused the motion, but
felt themselves bound to make defence for a
currency so illegal and vicious. Further discus-
sion was stopped for that time ; but afterwards,
on the question of the recbarter, the illegality
of this kind of currency was fully established,
and a clause put into the new charter to sup-

press it. The veto message put an end to the
charter, and for the necessity of the remedy in
that quarter ; but the practice has btcn taken
up by local institutions and private bankers in
the States, and become an abuse which requires
extirpation.

CHAPTER LXI.

ERROR OF M0N9. DE TOCQUEVILLE IN RELATIOV
TO THE BASK OK THE UNITED STATE:) THE !
PRESIDENT, AND THE I'EOPLE. ' '

The first message of President Jackson de-
livered at the commencement of the session of
1829-30, confinncd the hopes which the democ-
racy had placed in him. It was a message of
the Jefiersonian school, and re-established the I
land-marks of party, as parties were when found-
ed on principle. Its salient point was tho Bank I
of the United States, and the non-renewal of its
charter. He was opposed to the renewal, both
on grounds of constitutionality and expediency
and took this early opportunity of so declaring,
both for the information of the people, and of the ]
institution, that each might know what they had |
to rely upon with respect to him. He said:

" The charter of the Bank of the United States
expires in 1836, and its stockholders will prob-
ably apply for a renewal of their privileges. In
order to avoid the evils resulting from precipi
tancy in a measure involving such important I
principles, and such deep pecuniary interests, I
feel that I cannr ,, injustice to the parties inter- j
ested, too soon present it to the deliberate con-
sideration of the legislature and the people. Both
the constitutionality and tho expediency of the
law creating this bank are well questioned by a
large portion of our fellow-citizens ; and it must
be admitted by all that it has failed in the great
end of establishing a uniform and sound cur-
rency."

Tills passage was the grand feature of the mcs- 1
sage, rising above precedent and judicial decisions.
gomg back to tho constitution and the founda<
tion of party on principle ; and risking a contest j
at the commencement of his administration,
which a mere politician would have put off to the
last. The Supreme Court had decided in faror
of the constitutionality of the institution ; a de- 1
mocratic Congress, in chartering a second bank,
had yielded the question, both of constitutionality

construction w

ANNO .d;c2. ANi^'UEW J.\CKSo\, rRESIDENT.

22.5

ukI cxpwiiency. Mr. Mailison, in siirning the
(unk charter in 181G, yielded to the authorities
vithuut surrendering his convictions. But tho
(fi^t was the same in behalf of the institution,
jndaga " - the constitution, and against the in-
jfj-rity 01 jiarty founded on principle. It threw
(■o«n the greatest landmark of party, and yield-
i-i a power of construction which nullified the
limitations of the constitution, and left Congress
it liberty to pass any law which it dccine<l ne-
cmsarij to carry into effect any granted power.
jlic \\hole argument for the bank turned upon
the word " necessary " at the end of tho enu-
mtratcd powers granted to Congress ; and gave
rise to the first great division of parties in
Washington's time — the fedei al party being for
l!ic construction whioh woulcj authorize a na-
tional bank ; the democratic party (republican,
1 ss then called.) being against it.

It was not merely the bank which the democ-
I ricy opposed, but the latitudinarian construc-
I lion wliich would authorize it, and which would
f'tnable Congress " ^bstitute its own will in
other cases for ti • , of the constitution, and

do ffliat it please '.^i- the plea of "necessary "
-a plea under which they would be left as much
to their own will as under the "general welfare"
clause. It was the turning point between a
strong and splendid government on one side, do-
ing what it picaseii, and a plain economical
government on the other, limited by a written
Iwnstititution* The construction was the main
poJDt. because it made a gap in the constitution
through which Congress could pass any other
I measures which it deemed to bo "necessary:"
1 there were great objections to the bank it-
I gelf. Experience had shown such an institution
to be a political machine, adverse to free govern-
ment, mingling in the elections and legislation of
the country, corrupting the press ; and exerting
its influence in the only way known to the mo-
neyed power — by corruption. General Jack
I son's objections reached both heads of the case
I -the unconstitutionality of the bank, and its in-
j expediency. It was a return to the Jeffersonian
ItsdHaniiltonian times of tho early administra-
Ition of General Washington, and wont to the
I words of the constitution, and not to the inter-
Ipretations of its administrators, for its meaning.
Such a message, from such a man — a man not
lipt to look back when he had set his face for-
jirard— electrified the democratic spirit of the

Vol. I.— 15

country. The old democracy felt a,"* if they were
to see the cun>titution restoivl l>i'fore they dicfl
— the young, us if fhey wcresuuiMioiieil totlie re-
construction of the work of tlicir fathers. It was
evident that a great contest was coming on, and
the otld.s entirely against the President. On tiie
one side, the undivided phalanx of the federal
party (for they h.ad not then taken the name of
whig); a large part of the d-mocratic party,
yielding to precedent and judicial decision ; tho
bank itself, with its colossal money power — its
arms in every State by means of branches — its
power over the State banks — its power over the
business community— over public men who
should become its debtors or retainers — its or-
ganization under a single head, issuing its orders
in secret, to be obeyed in all places and by all
subordinates at the same moment. Such was the
formidable array on one side : on the other side
a divided democratic party, disheartened by divi-
sion, with nothing to rely upon but the gootlness
of their cause, tho prestige of Jackson's name,
and the presidential power; — good against any
thing less than two-thirds of Congress on the final
questioa of the re-charter ; but the risk to nm of
his non-eiection before the final questior came on.
Under such circumstances it require ^ a strong
sense of duty in the new President to commence
his career by risking such a contest ; but he be-
lieved the institution to be unconstitutional and
dangerous, and that it ought to cease to exist ;
and there was a clause in the constitution — that
constitution which he had sworn to support —
which commanded him to recommend to Con-
gress, for its consideration, such measures as he
should deem expedient and proper. Under this
sense of duty, and under the obligation of this
oath, President Jackson had recommended to
Congress the non-renewai of the bank charter,
and the substitution of a different fiscal agent
for the operations of tho government — if any
such agent was required. And with his accus-
tomed frankness, and the fairness of a man who
has nothing but the public good in view, and
with a disregard of self which permits no
personal consideration to stand in the way
of a discharge of a public duty, he made the re-
commendation six years oefore the expiration
of the ch!\rter, ai.d in the first message of hie
first term ; thereby taking upon his hands such
an enemy as the Bank of the United States, at
the very commencement of his admiuistnition.

: ■ .4.

a ^n:

■^i/

226

THIRTY YILiRS* VIE^^•.

Thfit Ruch a rocomnundiitionapilnstsiichan in-
Ktitiitioii should brine upon the Prcsidoiit and
liis KiipporUT.s, violunt attacks, both pergonal
and political, witli arraignment of motives ns
Well as of Rasons, was naturally to be expected;
and that expectation was by no means disap-
pointed. Both he r.nd they, during; the f-even
years that the tvwU contest (in different forms)
prevailed, rece; from it — from the newspaper
find periodical j.ress in its interest, and from the
public speakers in its favor of every grade — an
accumulation of obloquy, and even of accusation,
only lavished upon the oppressors and plunder-
ers of nations — a Vcrres, or a Hastings. This
was natural in such an lastitution. But Presi-
dent Jackson and his friends had a right to ex-
pect f:iir treatment from history — from disinter-
ested history — which should aspire to truth, and
which has no right to be ignorant or careless,
lie and they had a right to expect justice from
such history ; but this is what they have not
received. A writer, whose book takes him out
of that class of European travellers who requite
the hospitality of Americans by disparagement
of their institutions, their countiy. and their
character — one whose general intelligence and
oaudor entitle his errors to the honor of correc-
tion — in brief, M. do Tocquevilie — writes thus of
President Jackson and the Bank of the United
States :

" When the President attacked the bank, the
country was excited and parties were formed ;
the well-informed classes rallied round the bank,
the common people round the Prcibident. But
it must not be imagined that the people had
formed a rational opinion upon a question which
ofleis so many difficulties to the most experienced
statesman, 'ihe bank is a great establishment,
which enjoys an independent existence, and the
people, accustomed to make and unmake what-
ever it plea-ses, is startled to meet with this
obstacle to its authority. In the midst of the
perpetual fluctuation of soci*ity, the community
is irritated by so permancDt an institution, and
is lei to attack in order to see whether it can be
shaken or controlled, like all other institutions
of the country." — (Chapter 10.)

Of this paragraph, so derogatory to President
Jackson and tive people of the United States,
every word is on error. Where a fact is sJleged,
it is an error ; whe.-e an opinion is expressed, it
f^ an error; where a theory is invented, it is
fanciful and visionary. President Jacksoa did
uot attack the bank ; the bank attacked him, and

fok' political as well as pecuniary motives ; uj j
under the lead of politicians. When (nneril
Jackson, in his first niessagc, of December. ijV)
expressed his opinion to Congress n^'auist tU I
renewal of the bank's charter, he atl.uked nn
right or interest which the bank possi-s.sed. u
was an institution o*" limited existence, cnjoyirr.
great privileges,— among others a inonfnoly of
national banking, and had no right to any pro- 1
longation of existence or privilege after the
termipntion of its charter — so far from it if
there was to be another bank, t'jo doctrine of
equal rights and no monopolies or perpctnitici]
required it to be thrown open to the free coinpc-
tition of all the citizens. The reasons given ly
the President were no attack upon the bank-
lie impugned neither me integrity nor tlie siiiH
of the institution, but repeated the objections of I
the political school to whi;;li he belonged ami
which were as old as Mr. Jeflcrson's cabinet
opinion to President Washington, in the year
1791, and Mr. Madison's great speech in the I
House of Representatives in the same year. He
therefore, made no attack upon the bank, cither I
upon it^. existence, iU vharacter, or any one of [
its rights. On the other hand, the bank did
attack President Jackson, under the lead of I
politicians, and for the purpose of breaking liim I
down. The facts were these : President Jaciison I
had communicated his opinion to Congress in I
December, 1829, against the renewal of tbol
charter ; near three years afterwards, on the I
9th of January, 1832, while the charter had yet I
above thr^c years to run, and a new Congress I
to be elected before its expiration, and the presi-
dential election impending— (General Jackson I
and Mr. Clay the candidates) — the memorial of I
the president and directors of the bank was!
suddenly presented in the Senate of the United |
States, for the renewal of its charter.

Now, how came that memorial tc be presented i
at a time so inopportune? so premature, ^o I
inevitably mixing itself with the presidential!
election, and so encroaching upon the rights of I
tl\e people, in snatching the question out of their I
hands, and having it decided by a Congress notl
elected for the purpose — and to the usurpation |
of the rights of the Congress elected for the!
purpose? How came all these anomalies? alii
these violations of right, decency and propriety ll
They came thus . the bank and its leading anli-j
Jackson friends believed that the institution!

ANNO 1831 ANDREW JACKSON*. rRF^IDF.NT.

227

ffi.4 stronpcr than the Prii'ident — that it could
l^t him in the election— that it could beat him
n Ciinpress (as it then stood), and carry the
fharttT, — driving him upon the veto power, and
rcmkringhim odious if ho used it, and diEf^racing
ijim if (after M'hat he had eaid) he did not.
This was the oj)inion of the leading politicians
friendly to the bank, and inimical to the Presi-
dent. But the bank had a class of friends in
fongress also friendly to Gen. Jackson ; and
U'tweon these two cla-sscs there was vehtaient
oppof itifii of opinion on the point of moving
f)r tlo. new charter. It was found impossible,
in communications between Washington and
Phil, delphia, then slow and uncertain, in stage
cf,aci» conveyances, over miry roads and frozen
waters, to come to conclusions on the diffi-
(iilt point. Mr. Biddle and the directors were
in doubt, for it would not do to move in the
matter, unless all the friends of the bank in
Congi-ess acted together. In this state of un-
«rtainty, General Cadwallader, of Philadelphia,
I friend and confidant of Mr. Biddle, and his
usual envoy in all the delicate bank negotiations
1 cr troubles, was sent to Washington to obtain a
result ; and the union of both wings of the
Hank party in favor of the desired movement.
4e came, and the mode )f operation was through
lie machinery of caucus — that contrivance by
vhich a few govern many. The two wings
icing of different politics, sat separately, one
"leaded by Mr. Clay, tbf? other by Gen. Samuel
r smith, of Maryland. The two caucuses dis-
1 agreed, but the democratic being the smaller,
and Mr. Clay's strong will dominating the other,
the resolution was taken to proceed, and all
I bound to go together.

I had a friend in one of these councils who
I informed me regularlj- of the progress made, and
eventually that the print was carried for the
hank— that General Cadwallader had returned
ivith the news, and with injunctions to have the
r.emniial immediately at Washington, and by a
Liven day. The day arrived, but not, the me-
morial, and my friend came to inform me the
Irojison why; which was, that the stage had got
I overturned in the bad roads and crippled Gen.
I Cadwallader in the shoulder, and detained him ;
I but that the delay would only be of two days ;
lindthen the memorial would certainly arrive.
lit did BO ; and on Monday, the 9th of Jaiiuary,
jlJ32, was presented in the Senate by Mr. iJallas,

a senator from Penn»<ylvnnia, and n-sidunt of
Philadelphia, where the bank wa** established.
Mr. Dallas was democratic, and ihs friend i<f
(Jeneral Jackson, and on presenting the ni''-
morial, as pood as told nil that [ have now
written, bating only jK-rsonal particulars. He
said •■

" That being requested to present this docu-
ment to the Senate, praying for a renewal of tlio
existing charter of the bank, ho begged to 1 ■
indulged in making a few expl.nnatory remarks.
With anhesitating frankness he wished it to bo
understood by the Senate, by the good common-
wealth which it was alike his duty and his priilc
to represent with fidelity on that floor, and liy
the people generally, that this application, at this
time, had been discouraged by him. Actuated
mainly, if not exclusively, by a desire to preserve
to the nation the practical benefits of the insti-
tution, the expediency of bringing it forward
thus early in the term of its incorporation, during
a popular representation in Congress which must
cease to exist some years before that term ex-
pires, nnd on the eve of all the excitement incident
to a great political movement, struck hh mind
as more than doubtful. He felt deep solicitude
and apprehension lest, in the progress of inquiry,
and in the development of views, under jireseiic
circumstances, it might be drawn into real or
imaginary conflict with some higher, some more
favorite, some more immediate wish or purpose
of the American people ; and from such a conflict,
what sincere friend of this useful establishment
would not strive to save or rescue it, by at least
a temporary forbearance or delay ? "

This was the language of Mr. Dallas, and it
was equivalent to a protest from a well-wisher
of the bank against the perils and improprieties
of its open plunge into the presidential canvas'^,
for the purpose of defeating Gener?,! Jackson
and electing a friend of its own. 1 uc prudential
counsels of f "■h men as Mr. Dallas did not
prevail; political counsels governed; the banl:
charter was pushed — was carried through both
Houses of Congress — difred the veto of Jackson
— received it — roused the people — and the bank
and all its friends were crushed. Then it afTected
to have been attacked by Jackson ; and Mons.
de Tocqueville hos carried that fiction into his-
tory, with all the imaginary reasons for a
groundless accusation, which the bank had in-
vented.

T^^e remainder of this quotation from Mons.
de Tocqticville is profoundly erroneous, and de-
serves to be exposed, to prevent the mischiefs
which his book tuight do in Europe, and even in

a.X-

:■(

r i 'i

■A"-.

•u.

22S

TIIIRTV YEARS' VIEW.

America, among tliat class nf our people who
li)ok to Kiiro|M'an writers for informntiun upon
tla-ir own country. lie Hpcuks of tlic well-
iiifonni'il classes who rallied round the Lank;
and the common jK-'ople who had formed no ra-
liunul opniion upon the suhjcct, and who joined
(ieneral Jackson. Certainly the great business
ciiumunicy, with few exceptions, comprising
wiallh, ability aU' "'Uication, went for the bank,
and the masses fu Micral Jackson ; but which
had formed the r^ lal opinion is seen by the
event. The " woll-i.ii'ormed " classes have bowed
not merely to the decision, but to the intelligence
of the ma-sses. They have adopted their opin-
ion of the institution — condemned it — repudiated
it as an " obsolete idea ; " and of all its former
advocates, not one exists now. All have yield-
ed to that instinctive sagacity of the people,
which is an overmatch for book-learning ; and
which being the result of common Bcns^, is
usually right; and bein, disinterested, is always
lionest. if adduce this instance — a grand na-
tional one — of the succumbing of the well-in-
formed classes to the instinctive sagacity of the
people, not merely to correct Mons. de Tocquc-
ville, but for the higher purpose of showing the
capacity of the people for self-govenimcnt. The
rest of the quotation, " the independent exist-
ence — the people accustomed to make and un-
make—startled at this obstacle — irritated at a
IK'rmanent institution — attack in order to shake
and control ; " all this is fancy, or as the old
English ^v^ote it, fantasy — enlivened by French
vivacity into witty theory, as falliicious as witty.
I could wish I were done with quotations
from Mons. de Tocqueville on this subject ; but
he forces me to make another extract from his
book, and it is found in his chapter 18, thus :

" The slightest observation enables us to ap-
preciate the advantages which the country de-
rives from the bank. Its notes are taken on the
borders of the desei i for the same value as in
Philadelphia. It is nevertheless the object of
pieat animosity. Its directors have proclaimed
their hostility to the President, and are accused,
not without some show of probability, of having
abused their influence to thwart his election.
The President, therefore, attacks the establish-
ment with all the warmth of personal enmity ;
and he is encouraged in the pursuit of his re-
venge by the conviction that he is supported by
the secret propensities of the majority. It al-
ways holds a great number of the notes issued
by the provincial banks, which it can aC any
time oblige them to convert into cash. It has

itself nothing to fear from a similar demnivl u
the extent of its resources enables it to inivt aii
claims. But the existence of the provinci.
banks is thus threatened, and their o|ieratiiin<
are restricted, since they ore only able to is«„„
a quantity of notes duly proportioned to tln.|f i
capital. They submit with impatience to tljis '
salutary control. The newspajH-rs wnich tlnv
have bought over, and the President, whose in'.
t«rest renders him their instrument, attack the
bank with the greatest vehemence. Thiy ron*.. j
the local passions and the blind democratic in.
stinct of the country to aid in their cause ; aiiil
they asseri that the bank directors form a u~j.
manent aristocratic body, whose inlhience mu^t
ultimately be felt in the government, and nmst
alluct those principles of equality — upon which I
society rests in America."

Now, while Mons. de Tocqueville was arran"
ing all this fine en omium upon the bank, ami I
all this censure upo i its adversaries, the whole I
of which is nothim, but a French translation ol'l
the bank publications of the day, for itself an
against President Jackson — during all this time
there was a process going on in the Congress of I
the United States, by which it was proved that!
the bank was then insolvent, and living fioml
day to day upon expedients ; and getting hold of I
property and money by contrivances which thel
law would qualify as swindling — plundering it?|
own stockholders — and bribing individuals, inJ
stitutions, and members of legislative bodiesj
wherever it could be done. Those fine notcJ
of which he speaks, were then without solii
value. The salutary restraint attributed to itd
control over local banks was soon exemplified in
its forcing many of them into complicity in 'A
crimes, and all into two general suspensions of)
specie payments, headed by itself. Its soliditi
and its honor were soon shown in open bank<j
ruptcy — in the dishonor of its notes— the vie
lation of sacred deposits — the disappearancJ
of its capital — the destruction of institution!
connected with it — the extinction of iifty-siJ
millions of capital (its own, and that of other!
drawn into its vortex); — and the ruin oi
damage of families, both foreign and Anierican|
wlio had been induced by its name, and L7 1
delusive exhibitions of credit, to invest theiJ
moHcy in its stock. Placing the opposition oi
President Jackson to such an institution to tl>
account of base and personal motives — to feelingl
of revenge because he had been unable to scduq
it into his support — is an error of fact manifcstd
by all the history of the case ; to say nothinJ

A.NXO 1832. AXnUKW JACKSON'. I'RESIDKNT.

229

of his own pt-rsonnl cimracter. I Ic was n senator
31 Con!?rcBS during the existence of the first
cstional bank, and wnfl nfnainst it ; and on the
lime proundfl of unconHtitntionality and of inex-
.^licnny. IIo delivered his opinion against this
Mtond one before it liad manifested any hostility
10 him. His first opposition was abstract —
gainst the institution — without reference to its
i«n(liict ; he knew nothing against it then, und
„^jther said, or insinuated any thing against it.
Subsequently, when misconduct was discovered,
he cliarged it ; and ' ,>enly and responsibly.
dltmlly unfounded is the insinuation in another
(lace, of subserviency to local banks. lie, the
instrument of local banks ! he who could not be
node the friend, even, of the great bank itself ;
ffho was all ju s liffl _fl^ hard money man — an
opposer of all banks — the denouncer of delin-
(...ont banks in his own State ; who, with one
<troke of his pen, in the recess of Congress, and
i^nst its will, in the summer of 1836, struck
ill their notes from the list of land-office pay-
\ mcntfi ! and whoso last message to Congress, and
in his farewell address to the people, admonished
'hem earnestly and aifectionately against the
whole system of paper money — the evils of
irhich he feelingly described as falling heaviest
I upon the most meritorious part of the com-
munity, and tho part least able to bear them —
ihe productive classes.

The object of this chapter is to correct this
I error of Mons. de Tocqueville, and to vindicate
history, and to do justice to General Jackson
I uii! the democracy : and my task is easy. Events
e done it for me — have answered every ques-
I tion on which the bank controversy depended,
ind have nullified every argument in favor of
the bank — and that both with, and without ref-
erence to its misconduct. As an institution, it
has been proved to be " unnecessary," and the
country is found to do infinitely better without
it than with it. During the twenty voars of its
existence there was pecuniary disti ess in the
puntry — periodical returns of expansion and
I wntraction, deranged currency, ruined exchanges,
I panics and convulsions in the money, market. In
I the almost twenty years which hafve elapsed
I since, these calamitous words have never been
I heard: and the contrast of the two periods will
Imke the condemnation of one, and the eulogy
|)f the other. There was no gold during tho
luistence of the bank : there has been an ample

gold currency over since, and that iH'forc we ^-oi
California. There were general susjK'iisidns nj
specie payments during its time ; and none sin'f.
Exchanges were derange<l during its existence :
they have been regular since its death. I.aVior ni;d
proiK-Tty lived the life of 'Mip and down" — hi;:h
price one day, no price another day — while
tho bank ruled : both have been " up " all the
time, since ii, has been pone. Wo have had a
■.var since — a foreign war — which tries tlie
strength of financial systems in all countries ;
and have gone through this war not only witli-
out a financial crisis, but with a financial tri-
umph — the public securities remaining above jmr
tiic whole lime ; and the government paying to
its war debt creditors a reward of twenty dol-
lars npon the hundred to get them to acct it
their pay before it is due ; and in this shinintc
side of the contrast, experience has inva idiited
tho decision of the Supreme Court, by exptrngin^;
tho solo argument ujion which tho decision
rested. "Necessity," "necessary to carry into
eflect the granted powers," was the decision of
the co"rt. Not so, the voice of experience. Tliat
hu^ . icd such an institution to bo unnecessary.
Every granted power, and some not granted,
have been carried into effect """nco the extinction
of the national bank, and since the substitutio!i
of the gold currency and the indcpend ' treasu-
ry ; and all with triumphant succes .he war
power above all, and most successfully exercised
of all. And this sole foundation for the court's
decision in favor of the constitutionality of tlio
bank being removed, the decision itself van-
ishes — disappears — " like the baseless fabric of a
vision, leaving not a wreck behind." But there
will be a time hereafter for t'ae celebration of
this victory of the constitution over the Supreme
Court — the only object of this chapter being to
vindicate General Jackson and the people from
the errors of Mons. de Tocqueville in relation to
them and the bank : which is done.'

CHAPTER L X 1 1.

EXPENSES OF THE OOVEHSMENT.

Economy in the government expenditures was
a cardinal feature in the democratic policy, and
every increase of expense was closely scrutinized

230

TIIIIITV YKAIW VIKW.

]>y ilu'in, and brought to the tost of the clearest
lu'ccssily. Some increase wus incident to tlie
(irowinj? condition of the country ; but every
it' tn iK-yond the exi;;encies of that powth was
sii'ijected to severe investipition and determined
opposition. In the execution of this policy the
( xpensies proper of the (;ovenuiient — those inci-
dent to working its macJLlner}' — were, immedi-
ately after my entrance into the Senate, and after
the army and otlier reductions of 1820 and '21
lad taken effect— just about eight millions of
dollars. The same expenditure up to the be-
pinniuf; of tJie year 1832 — a period of about ten
years — had risen to thirteen and u half millions:
and, adverting to this increase in some current
debate, and with a view to fix attention upon
the growing evil, I stated to the Senate that
these expenses had nearly doubled since I had
been a member of the Senate. This statement
drew a reply from the veteran chairman of the
Senate's committee on finance (General Smith,
of Maryland), in opposition to my statement ;
which, of course, drew further remarks from mc.
Both sets of remarks are valuable at this day — in-
structive in the picture they present between
1822— 1832— and 1850. Gen. Smith's estimate
of nl)OHt ten millions instead of eight — though
{iredic!)tc<l on the wrong basis of beginning to
count before the expenses of the army reduction
had taken effect, and counting in the purchase
of Florida, and some other items of a nature
foreign to the support of government — even his
estimate presents a startling point of comparison
with the same expenditure of the present day;
and calls for the revival of that spirit of economy
which distinguished the democracy in the earlier
periods of the government. Some passages from
the speech of each senator (General Smith and
Mr. Benton) will present this brief, but impor-
tant inquiry, in its proper point of view. Gen.
Smith said :

" I will now come, Mr. President, t my prin-
cipal object. It is the assertion, ' that, since the
year 1821, the expenses of the government had
nearly doubled ; ' and I trust I shall be able to
show that the senator from Missouri [Mr. Ben-
ton] had been under some misapprehension. The
Senate are aware of the effect which such an asser-
tion, coming from such high authority, must have
u;)on the public mind. It certainly had its elfect
even upon this enlightened body. I mentioned
to an lionorable senator a few days since, that
the average ordinary expenditure of the govern-
ment for the last nine years did not exceed the
Bum of twelve and a half milliuus. But, said j

tlio Rcnntor, the expenditures have jrrcntlv in-
crease«l during that ix-riiKl. I told him I thou ij,
they had not ; and I now proceed to jirovc, n,.,,
with the exception of four years, viz., 1M21 lHi,">
182.'J, and 1824, the exi^nditures of the povpri".
ment have not increased. I shall endiavor tn
show the causes of the ro<luction of txinnsn
during those years, and that they allbrd no cij-
teria by which to judge of the necessary exiieiN ^
of governiiient, and that they are exceptions i,
the general rafo of expenditures, arising frri,.
particular causes. But even they exhibit an
expenditure far above the one- half of theprcsi'm
annual ordinary exi)enses.

'■ In the year 1822, which was the period wlicn
the senator from Missouri (Mr. Benton] took hi-
seat in the Senate, the ordinary expenses of tho
government amounted to the sum of S9,827,(;4;:,
The exiwnses of the year 1823. amounted t',
S0,784,15-l. I i)roceed, Mr. President, to b1:;-.v
tue cause which thus reduced the ordinary v\.
penses during these years. I speak in tli.'
presence of gentlemen, some of whom were tliin
in the House of Keprescntatives, and will coriwt
me if my recollection should lead me into cri-cir.
During the session of the year 18l9-'20 tlie
President asked a loan, I think, of five millions,
to defray the expenses of the government, whicli
he had deemed necessary, and for which estimatis
had, as usual, been laid before Congress. A
loan of three millions only was granted ; and, in
the next session, another loan of, I think, seven
millions was asked, in order to enable the E.vt'-
cutive to meet the amount of expenses estimated
for, as necessary for the year 1821. A loan cf
five millions was granted, and in the succeedinn
year another loan of five hundred thoiisaml
dollars was asked, and refused. Congress wtro
dissatisfied that loans should bo required in timo
of profound peace, to meet the common expenses
of the nation ; and they refused to grant the
amount asked for in the estimates, although tlii<
amount would have been granted if there had
been money in the treasury to meet them, with-
out resorting to loans. The Committee of AVays
and Means (and it was supported by the Hou.4)
lessened some of the items estimated for, and
refused others. No item, except such as was
indispensably necessarj"-, was granted. By the
adoption of this course, the expenditures were
reduced, in 1821, to ^10,723,479, and to the
sums already mentioned for the two years, 1822
and 1823, and tho current expenses of 1824,
^10,330,144. The consequence was, that the |
treasury was restored to a srund state, so thai
Congress was enabled, in the year 1825, to ap-
propriate the full amount of the estimate. The |
expenditures of 1824 amounted to $15,330,141
This large expenditure is to be attributed to the j
payment made to Spain in that year, of lg;5,000,00il
for the purchase of Florida. 1 entertained doul* |
whether I ought to include this sum in the ex-
penditures ; but, on full consideration, T deemed I
it pro^»ef to include it. It may be siiid that it
wai »u extraordinary payment, and such as coula

ANNO \832. ANDREW JACKj*ON'. TRF^IDKNT.

831

...t asrni" occur. So is tlie payment on account
■ awiinl.s under the Tronty *>f (Uu'ut, in 1^27
J„l \fi'2t<, nmountinR to 81,l><H.71i;. Of tho
>^,„e ciiiiracter, too, are tlie payimnls made for
jlii- iiiirchasc of lands from the Indians ; for tho
ffiHuviil of tho Indians; for paynionts to the
jivtriil States for moneys advanced duriii)? the
ijto wiir ; and a variety of other extraordinary
clan-'cs on tho treasury."

Tiic error of this statement was in the basis
of the calculation, and in tho inclusion of items
ffhich did not belong to the expenses proper of
the povcrnmcnt, and in beginning to count bc-
fiK tiio year of reduction — tho whole of which,
in a period of ten years made an exces" of twcnty-
[m millions above the ordinary expenses. I
answered thus :

"Mr. Benton rose in reply to the senator from
Maryland. Mr. B. said that a remark of his,
ill a former debate, seemed to have been tho
(locasion of tho elaborate financi.il statements
wliich the senator from Maryland had just gone
through. Mr. B. said he had made the remark
I in debate ; it was a general one, and not to be
treated as an account stated by an accounting
officer. His remark was, that the public ex-pcn-
ditiiro had nearly doubled since he had been a
nembcr of the Senate. Neither tho words
used, nor the mode of the expression, implied
the accuracy of an account ; it was a remark to
fia;itify a great and inordinate increase in a com-
paratively short time. He had not como to tho
:!oiiato this day with tho least expectation of
king called to justify that remark, or to hear a
long arraignment of it argued ; but he was
Toady at all times to justify, and he would
cidy do it. Mr. B. said that when ho made
the remark, he had no statement of accounts in
his eye, but he had two great and broad facts
kfoie him, which all the figures and calcula-
tions upon earth, and all the compound and
comparative statements of arithmeticians, could
not shake or alterj which were — first, that when
I he came into the Senate the machinery of this
povcrnmcnt was worked for between eight and
nine millions of dollars ; and, secondly, the actual
payments for tho last vear, in the President's
message, were about foarteen millions and three-
quarters. The sum estimated for tho future
expenditures, by the Secrrtary of tho Treasury,
was thirteen and a half millions ; but fifteen
millions were recommend )d by him to be levied
to meet increased expenditures. Mr. B. said
thejie were two great facts which he had in his
eye, and which ho wouU justify. He would
pduce no proofs as to the second of liis facts,
loecause t'uc President's message and the Secre-
taij's report wore so recjntly sent in, and so
universally reprinted, that every person could
h!Collect, or turn to their contents, and verify
I lis statement upon their own examination or

recollection. Ho would verify his first statr.
mont only by proofs, and for that piirixiso wmil'l
refer to the ditnile<l stntcniciits (»f the pnMio
exjK'n<lituri's, coniniled by Van Znndt and Wat-
tcrston, and for which he had just sont to t!i<J
room of the Secretary of the Senat*.-. Mr. h.
wouhl take the years l82"2-'3 ; for he was imt
simple euou^rh to take tho years befori' the m"-
duction of tho army, when he was looking f»r
the lowest expenditure. Four thousand nun
were disbanded, and had remained ilisband'.d
ever since ; they were disbanded since he came
into the Senate ; he would therefore date from
that reduction. This would bring him to the
years 1822-';J, when you, sir (the Vice-Presi-
dent), was Secretary of War. AVhat was tho
whole expendituro of the government for each
of those years 1 Jt stood thus:

1823, 15,:! 1-1, 171 00

" These two sums include every head of ex-
penditure — they include public debt, revolution-
ary and invalid pensions ; three heads of tem-
porary expeniUturc. The payments on account
of the public debt in those two years, were —

In 1822,
1823,

$7,818,919 12
5,.o3O,01G 41

'• Deduct those two sums from the total ex-
penditure of the years to which they refer, and
you will have —

For 1822,
1823,

^0,727,073 41
9,784,155 69

" The pensions for those years were —

Revolutionnry. Invalid. Aggregate!,

1822, $1,042,590 94 tSO.I.OOg 46 $1,147,199 40

1823, 1,449,097 04 331,491 48 l,73t !)88 52

" Now, deduct these pensions from the years
to which they refer, and you will have just about
^8,000,000 as the expense of working the mn-
chinery of government at the period which I
had in my eye. But the pensions have nof, yet
totally ceased ; they arc much diminished since
1822, 1823, and in a few years must cease. The
revolutionary pensioners must now average
seventy years of age ; their stipends will soon
cease. I hold myself well justified, then, in say-
ing, as I did, that the expenditures of the govern-
ment have nearly doubled in my time. The
remark had no reference to administratioiin.
There was nothing comparative in it ; nothing
intended to put up, or put down, any body.
The burdens of the people is the only thing I
wish to put down. Si^ service in the Seaate
has extended under three administrations, and
my periods of calculation extend to all tliree.
My opinion now is, that the machinery ol this
government, after the payment of the pubUc debt,
should bo worked for ten millions or le fl, and
two millions more for extraordinaries ; '.n all
twelve millions ; but this is a point for future
discussion. My present object is to show a great

2:V2

TIIIUTY YPAKS' VIEW

inrrcnHo in a sliort time ; ami to show tliat, not
til ntlW-t ii)ili\iiliialH, liiit to hIidw the iit('i'(.i<ity
of [iriv'tiniinj; wlmt wo all |iiofcH(« — (•coniptiiy. I
mil n^'aill■.l kicpinj; up u nvcmu', iifur llu- (lil)t
uml iifii>i()iis (ire |((li^i, an larp', or nearly as larjro,
an the ixM-ndituri! was in IX'2'2, 1H;2.'!, with these
ifiins incliidetl. I am for throwinjr down my
loud, wlii-n I net to the rnd of my joiinuy. I
iini for throwing; off the hunlen of tht.'<I( ' ', when
1 (.'ft to the end df the dcht. Thu hurdi i of the
delit is tiic taxes levied on account of it. I am
fr aljolishinn tlicso taxes ; and this is the pn-at
(piestion upon which parties now ^^n to trial be-
fore the American i)Copie. One word more, and
I am done for the present. The Henator for
Maryland, to make npa p)odly averape for IH'2'2,
and 182;^. adds tho e^iicnditurc of 1824, which
includes, besides si.xteen millions and a half for
the public debt, and a million and a half for (k'h-
sions, the sum of five millions for the purclia,-<e
of Florida. Sir, he must deduct twenty-two
millic from that computation ; and that de-
duction will brinp his average for those years to
agree very closely with my statement."

It was something at the time thi.'i inquiry
took place to know which was right — General
Smith, or myself. Two millions, more or less,
per annum in the public expenditures, was then
something — a thing to be talked about, and ac-
counted for, among tlic economical men of that
day. It seems to be nothing now, when the
increases are many millions per annum — when
personal and job legislation have become the
frequent practice — when contracts are legislated
to adventurers and speculators — when the halls
of Congress have come to be considered the pro-
per place to lay the foundations, or to repair the
dilapidations of millionary fortunes : and when
the public flsc, and the national domain may con-
sider themselves fortunate sometimes in getting
off with a loss of two millions in a single opera-
tion.

CHAPTER LXIII.

BANK OF THE UNITED gTATE3-nEClI.VUTEIi
COMMENCEMENT OP THE PUOCEEDINGS.

In the month of December 1831, the "National
Republicans" (as the party was then called
which afterwards took the name of " whig), as-
sembled in convention at Baltimore to nominate
candidates of their party for the presidential, and
vice-presidential election, which was to take
place in the autumn of the ensuing year The

nominations were ma<le — Henry Clay of Ki;,.
tucky, for President ; and John Serpcnnt i.j
Pennsylvania for Vice-President: ami tliinii,,;.
nations acrejited by them ret^poctively. Afdr-
wards, and according to what was ui^ual on mk ;,
occasioTw, the convention issued an addnsst
tho people of the United States, settin;,' ffipfti
the merits of their own, and the demerits (jf t!,,
oi)poHitc candidate; and presenting the party
issues w hich wen to be tried in the ensuii;-
elections. So far as thcFo issues were political
they wert ii'gitimate subjects to plare before ti,o
people: so far as they were not political, tiny
were illegitimate, and wrongfully (Imppcd int)
the political arena, to be made subservient to
party elevation. Of this character were the tdfi. <
of tho tariff, of internal improvement, the n-
moval of tho Cherokee Indians, and the rcnoHal
of tlie United States Bank charter. Of tlic-t'
four subjects, all of them in their nature uncon-
nected with politics, and requiring for their own
good to remain so unconnected, I now notice but
one — that of the renewal of the charter of tl.o
existing national bank ; — and which was ncm-
presented as a party object, and as an issue in
tho election, and under nil the exaggerated tiv
pccts which party tactics consider lawful in the
prosecution of their aims. The address said:

"Next to the great measures of policy which
protect and encourage domestic industry, tlio
most important question, connected with tlic
economical policy of the country, is that of tin'
bank. This great and beneficial institution, hy
facilitating exchanges between different parts oi'
the Union, and maintaining a sound, ample, ami
healthy state of the currency, may be said to
supply tho body politic, economically viewed,
with a continual stream of life-blood, without
which it must inevitably languish, ond sink into
exhaustion. It was first conceived and organ-
.ted by the powerful mind of Hamilton. After
having been temporarily shaken by tho honest
though groundless scruples of other statesmen,
it has been recalled to existence by the general
consent of all parties, and with the universal ap- i
probation of the people. Under the ablest and I
most faithful management it has been for muny
yeijrs past pursuing a course of steady and con-
sfcvntly increasing influence. Such is the institu-
tion which the President has gone out of his wiiy
in several successive messogeSj without a pretence
of necessity or plausible motive, in the first in-
stance six years before his suggestion could with
any propriety be acted upon, to denounce to I
Congress as a sort of nuisance, and consign, i
fur as his influence extends, to immediate dc I
struction. - v """

ASXO 188J. ANDREW JACKSON. rilESlDENT.

'J33

■ For thin «lcniinciation no prrtoxt of tiijr wfr
I'litt- mi>tiv<< ix aMrtipiiHl. At a tiino when tht-
3^.titiit'nn ia known t<> nil to l>v in the nio.st
fiSck'nt nnil prositcroiis stiito — to Ik; iloiii^r nil
[lyt any bank ever <li<l or ciin ilo, wc arc liriflly
1,11 ill tun word.4, that it hit8 not i>trt'ct«<l the
Jiiiffi-i for which it wan inHtitutod. and niiiHt Ik>
I'Ailixhed. Another institution is reconinieiided
1, a sutiKtitutc, which, so far a.s the description
tivt'ii of it can be undiTHtood, woulil Ihj no better
tiLin a ninchine in the hands of the p;ovemnient
i,: fuliricatinp; and iHsiiin); paper luonoy without
ihcck or rcsiionsibilitv, in hia recent niesxaf^
;aOt)n;,'rcs«, the President declares, for the third
imo, hi'* opinion on these subjects, in tlio same
.oncise ami nntijoritative style as before, and Ul-
timate' that lie siiall consuler his re-election as
jn expression of tl»o opinion of the people that
ihiv oiiuht to be acted on. If, therefore, the
l'rc>i<lont be re-elected, it may Iks conHi<lerc<l
(ortaiii that the bank will bo abolished, and the
innitution wiiich ho has recommended, or sorac-
ihin;: like it, substituted in its place.

•Arc the people of the United States prepared
for this ■? Arc they ready to destroy one of their
most valuable establishments to gratify the ca-
price of a chief magistrate, who reasons, and ad-
vises upon a subject, with the details of which ho is
evidently unacquainted, in direct contradiction to
the opinion of his own official counsellors ? Are
lilt' enterprising, liberal, high-minded, and intel-
ijjciit vierchaida of the Union willing to coun-
t.nance such a measure ? Are the cultivators
of the West, who find in the Bank of the United
<tatc3 a ncvcr^failing source of that capital,
irhich is so essential to their prosperity, and
jfhich thoy can get nowhere else, prepared to
tad their aid in drying up the fountain of their
(i»n prosperity? Is there any class of the
people or section of the Union so lost to every
R'ntiment of common prudence, so regardless of
all the principles of republican government, as
to jilaco in the hands of the executive depart-
ment the means of an irresponsible and unlim-
ited issue of paper money— in other words, the
means of corruption without check or bounds ?
If such bCj in fact, the wishes of the people, they
will act with consistency and propriety in voting
f)r General Jackson, as President of the United
States; for, by his re-election, all these disas-
trous effects will certainly be produced. He is
fally and throe times over ple»lged to the people
to negative any bill that may be passed for re
chartering the bank, and tborc is little doubt
that the additional influence which he would
icquire by a re-election, would be employed
to carry through Congress the extraordinary
substitute which he has repeatedly proposed."

Thus the bank question was ftilly presented
I u an issue in the election by that part of its
I friends which classed politically against Presi-
Uent Jackson; but it had also democratic

friends, without whose aid thp rcohartcr could
not Ik." pit throUfrh t'i)ii^n'e>'« ; nii'l tlif reciilt
produced which was r<>nteni|i!ated with Iio|h>
ami pleasure — reK|>onsiliility of a vi to thrown
upon the President. Tin- consent of this wiii^j
was necessary : ami it was obtained as related
in a previous chapter, through tliu instrumen-
tality of a caiiciirt — that contrivance of nuKlern
invention by which a few govern many — by
which the many are not only led by the few, but
subjugated by them, and turned nuniiist them-
selves : and after having perftmned at the cau-
cus 08 afisriiranle (to make up a ninjority), 1k«-
como real actors in doinj^ what they condemn.
The two wings of the bank friends were broii^jht
together by this machinery, as already related
in chapter l.\i. ; and ojicrations for the ww char-
ter immediately commenced, in conformity to
the decision. On the 9th day of January the
memorial of the President, Directors & Com-
pany of the Bank was presented in each House
—by Mr. Dallas in the Senate, and >Ir. McDuflie
in the House of Representatives ; and while con-
demning the time of bringing forward the ques-
tion of the rechartcr, Mr. Dallas, in further inti-
mation of his previously signified opinion of its
then dangerous introduction, said: "He became
a willing, as ho was virtually an instructed
nfrent, in promoting to the extent of his humble
ability, an object which, however dangcrniishj
timed ils introduction jnight seem, was in itself
as he conceived, entitled to every consideration
and favor." Mr. Dallas then moved for a select
committee to revise, consider, and report upon
the memorial — which motion was granted, and
Messrs. Dallas, Webster, Ewingof Ohio, Hayne
of South Carolina, and Johnston of Louisiana,
were appointed the committee — elected for that
purpose by a vote of the Senate — and all except
one favorable to the recharter.

In the House of Representatives Mr. McDuffie
did not ask for the same reference — a select
committee — but to the standing committee of
Ways and Means, of which he was chairman,
and which was mainly composed of the same
members as at the previous session when it re-
ported so elaborately in favor of the bank. The
reason of this diiferenco on the point of the
reference was understood to be this : that in the
Senate the committee being elective, and the
majority of the body favorable to the bank, a
fiivorable committee was certain to be hod nu

;■;!

^f'.'! ;

'' ' I

ili''.

234

tiii[;ty ykarv vii:w

liullot— wliilu- ill tlio lioiiHu the a|i|Nitntinrnt of
tliu Miiiiiiiiitcu IhIii); in the Imiidt of the Spc-akiT
(Mr. SU'vciiHoii), ami lio ttdviT'c t<» tliu iimtitu-
tioii, till! caiiio riiv'iralilo axiilt louM not \ic niUvly
« I'uiit'Ml on ; and, tlKTtforc, the m;li'Ct coininittcf
was uviiidcd, and tliu onu kiir)Wii to Im' riivoralilc
was pri liind. TIiIm lid to an lulvcrse motion to
rt'lrr toaM'irct coniiiiittoo — in tiii|i|iort of which
inolioii Mr. WayiU! of (Jt'or;;ia, hIiicc appointed
oi.f of tlif juHtici'H of the .Siijin-'iiie Court, said:

'• That he liad on a former occii.-«ion cxprcwtod
Ills oliji'clion to the refori'iico of this suliji'ct to
tilt' ('oiiiinittcc of Way^i and Meant*; and he
hhi'ihl not trouble tlie House hy repeating now
whiit ho liad advaiiccil at the comniiiicc'iiient of
the Ko.sHion in favor of the njipoiiitnient of a se-
li'Ct committee ; liiit he calleil upon gentlemen
to considir what was the attitude of the Com-
mittee of Ways and Means in reference to the
Iciiik fiiu'stion, and to compare it witli the atti-
t.iidu ill wliieli tliat iiuestion had been pn'Rented
to the House by the President of tlio United
NtateH ; and lie would ask, whether it wan not
manifestly proper to Bubmit the memorial to a
eommittee entirely uncommitted upon the sub-
ject. JJut this was not the object for which he
had risen ; the present question liad not como
upon him unexpectedly; ho had been aware
before ho entered the House that a memorial
of this kind would this morning be presented ;
and when he looked back upon the occurrences
of the last four weeks, and remembered what
had taken place at a late convention in Balti-
more, and the motives which had been avowed
fur brin)2;inK forward the subject at this time,
he must say that pentlemen ought not to per-
mit a petition of this kind to receive the atten-
tion of the House. Who could doubt that the
presentation of that memorial was in fact a
party measure, intended to have an important
operation on persons occupying the highest
otiices of tlio povcrnmcnt 1 If, however, ii.
should be considered necessary to enter upon
the subject at the present time, Mr. Wayne
said he was prepared to meet it. But when
pentlemen saw distinctly before their eyes the
motive of such a proceeding, he hoped that, not-
withstanding there might be a majority in the
House in favor of the bank, gentlemen would
not lend themselves to that kind of action.
Could it be necessary to take up the question
of rechartering the bank at the present session ?
Gentlemen all knew that four years must pass
before its charter would expire, and that Con-
gress had power to extend the period, if further
time was necessary to wind up its affairs. It
was known that other subjects of an exciting
character must come up during the present ses-
sion ; and could there bo any necessity or pro-
priety in throwing additional matter into the
House, calculated to raise that e\cJtement yet
Sigher?"

>Ir. .MrDufllc abnojvrd himself from nil n,,^,
nection with the Baltimore natioiiiil h |iii>,i|,.i^
convention, and claimed like absolution fur ||„
dirwtory of the luiiik ; and intimated tluit i
caucuii ainnultatioii to which deniociutie m.in.
lurs were party, had led to the prtscntuticin , f
the memorial at this time ; — an intinmtiDu « i,.
tirely true, only it nhuuld have coniiirihituL^l
all the friends of the bank of both politiral uir-
ties. A ninning debate took place on tlni,!
motions, in which many members ciii-njrKl,
Admitting that the parliamentary law reiimi ,|
a friendly conimitteo for the applicatinti, it was
yet urged that that committee should he a f,..
lect one, charged with the single subject, nml
with leisure to make investigations ;— wlijch
leisure the Committee of Ways did not possits
— and could merely report as formerly, aii'l
without giving any additional inforniation to
the House. Mr. Archer of Virginia, suid :

" As regarded the disposal of the iminoriaj, it
appeared clear to him that a select (i>iiiiiiitti.i:
would be the projier one. This had Ijuin the
disposal adopted with all former memorials.
Why vary the mode now ? The subject \vii> i,{
a magnitude to entitle it to a special cuiiiiuitii,.
As regarded the Committee of Ways uml Means,
with its im|)ortant functions, were not its handj
to bo regarded as too full for the great attention
which this matter nmst demand ? It was tu If
remarked, too, that this committee, at a fornur
session, with littlo variety in its 'Muniioi'ltioii,
had, in the most formal manner^ e.\i)ic;,scd its
opinion on the great question involvi.il. \\'c
ought not, as had been said, to put the memorial
to a nurse which would strangle it. Neitlitr
would it bo proper to send it to an inciuest in
which its fate had been prejudged. Let it go t )
cither the Committee of A\ ays and Means, or a
select committee ; the chairman of that coininlt-
tee rould stand as he ought, in the same i elatiuii
to it. If the last disposal were adopted, too, the
majority of the committee would consist, undir
the usage in that respect, of friends of the mea-
sure. The recommendation of this mode wa-,
that it would present the nearest approicli to
equality in the contest, of which the cuiso ad-
mitte<l.

" Mr. Mitchell, of South Carolina, said thai
he concurred entirely in the views of his fricrnl
from Georgia [Mr. Wayne], lie did not think
that the bank question ought to be taken up At
all this session ; but if it were, it ought niost
unquestionably to bo referred to a se.ect com-
mittee. He saw no reason, however, for its
being referred at all. The member fiom South
Carolina [Mr. McDuffie] tells us, said Mr. lU
that it involves the vast amount of fifty niillionj
of dollars ; that this is dispersed to every dm

•Mr. Charles Johi

ANNO ls3i. ANDUEW JACK}*OX, rUDilDKNT

233

(frtiipU' In our wi<I<ly » xti'ndcd countrv ; «»i<l |
• liio i|iu')>ti(>ri nf ri'«'liartiTiiiK wi'iv not ilici<lf<|
,, t , it wuiiM huziinl li\'M' funai nii<l r(ini|>li<-nt<'<l
tirolK. Mr.* M. Kiiiil ln' altirlicd no ini|M(r-
:;,ii(v til tliif nrifiiinciit, 'I lie i<t<"-klioIilcrM wlio
i.ict lately At ri)ila<U'l|>lii» tli()n(.'lit dilUn-ntly,
I, r, liv a soli'inii rtV'M'liition, tlioy lift it «li>fru-
i iiiiry **■"'' '''^' prej-i'li'iit of tliu Itnnk to |iro|)oso
I'lv i|iir.">tioii to C'oiinri'SM when liu miw lit. If
',,vliiiil tlioM;;lit timt a |)OHt|ioiM<ni('i.t would
,;i\(iiidan>{iTud thi'ir intcrt'stH, woiilil tluy not
liivc Hiiid HO ? TluH fait doi'H nwny lIu' m'lrii-
II, lit iif tlio ininiljtT from South IViroliiii'. Tlir-
lank iiui'slion was dccidi-d liy tho Htroujti-st
|,,riy (|Uistion whioh could l)c put to this or
:.iiv llnusi'. It luiH hccn twicu discussi'd within
J WW yi'ftrs. 1 1 wos ri-jti-tt'd once in tho Senate
i V tlic vote of the Vice-l'rcHident, and it afler-
huriU tinsHcd thi.s IIuuHe with a majority uf two.

II Honld divide tho whole country, and excite
,11 ilmt iloor, feclinp;8 of tho most cxas])cratcd
Ihttoi iiL'Ks. Not a party question ? Docs not
liio monibiT from South Carolina [Mr. McDulUeJ
pmrinlivr that this question divided the country
iitii federalists and republicans 7 It was a great
I'listitutional question, and he ho)ied all those
niio thought with him, would rally against it

III nil their Htreiigth. Hut why refer it to the
(ominittc of Ways and Means ? It was com-
iiiitti'd before to u select committee '^" national
(iirrenoy. if the question was merely financial,
i< whether wo shotdd sell our stock, and, if wc
iliil, whether wc should sell it to the bank, he
wuuld not oliicct to its beini; referred to the
C'niinittee of Ways tend Means. But it was not
a question of revenue. It was one of policy and
the constitution — one of vast magnitude and of
the greatest complexity — re(Hiiring a committee
of the most distinguishe<l abilities on that lioor.

. It was a party question in reference to men and
things out of doors. Those who deny this, must
he blind to every thing around them — we hear
it every where — wo seo it in all which wo read.
Mr, we have now on hand a topic which must
cnLToss every thought and feeling — a topic which
[■crimps involves the destinies of this nation — a

I toiiic of such magnitude as to occupy us tho re-
mainder of the session ; I mean tho tarifi*. I
JKipe, therefore, this memorial will bo laid on the
t.ihle. and, if not, that it will bo referred to a

I relict committee."

Jlr. Charles Johnston, of Virginia, said :

• The bank has been of late distinctly and re-

I peate«lly charged with using its funds, and the
ids of the people of these States, in operating

I iijion and controlling public opinion. He did not
mean to express any opinion as to the truth or.
lalsehood ol this accusation, but it was of sufli-
liciit consequence to demand an accurate in-
'|iiiry, Tho bank was further charged with

■ violating its charter, in the issue of a great
■umber of small drafts to a large amount, and

I juvable, in the language of the honorabl»mcmber

from N'fw-\ ork |.Mr. ('nnilirrhii^), • i ''wlurf ;'
tliJH rharv<', i«l><>, d>">t'r\i'd inquiry. 'I ik n* «»i«»
iitlitr cliurgcN ol'iiiikltuluiMiiKlratiiiii wlm li "i|iiully
<les«r\iM| iiii|iiiry ; unci it was hiw (Mr .l.'-| ui
tentiou, ut n fiiliiii' day, unl<>s M'Uie i>tl.>.>
gentli'Umn tnore Nericd ui the liM>iin>H of tin-
House uiitieipitlt'd him, to press thcM.- inquiriiH
by a series of iiirtiiictioiis to tint eouiuiiltni
intrusti^l with the subjicl. Mr. J. ur^i'*! as uii
objiftion to relVrring this inquiry to ilie Coiu-
mitteo of \\tt\H and .Means, that so much of
their time would Ik' occiqiied with the regular
and inqK)rtant busiiu'ss connected with theilseal
operations of the government, that they could
not hpare labor enough to aceoinpli.sli tlieminutr
investigations wanttnl at tht^ir hands. We had
Ikou further told that all the memlKTS of th:it
committee were friendly to tho projirt of rc-
chaitering the bank, and t' e honorable gentleninii
[Mr. Mercer] had relied jion tho fact, as a fair
exiKinent of public opinion in favor of th> bank.
He [Mr. J.J lulded, that although ho could by
no mean<i assent to the force of this rem ik, yet
that it furnished strong r son for : ''osc who
wished a close scrutiny of Hie adminiriration of
the bank, to wish some gentlemen placed on tho
committee of inquiry, wlio wotdd be actuated 'y
tho zeal uf fair opposition to the bank ; he con-
ceded that a miijority of tho comm e shoula
Ix) compo.sed of its friends. He c i.clii led, bj'
hoping that the memorial would b leftiiedto
a select committee."

Finally tho vote was taken, and the memorial
referred to the Committee uf Ways and Means,
but by a slender majority — 100 against 'JO — ai.d
24 members absent, or not voting. Tho mem-
bers of the committee were: Messrs. McDuIHi,
of South Carolina ; Ver[)lanck of New- York ;
Ingcrsoll, of Connecticut ; Gilmorc, of Pennsyl-
vania ; Mark Alexander, of Virginia ; Wilde, of
Georgia; and Gaithtr, of Kentuckv.

C II V P T E 11 L X I V.

BANK OF TUi; UNITED STATKS-COMMITTEE OF
INVKVriGATlON OUDEUEl).

Skeing the state of parties in Congress, andtfio
tactics of the bank — that there was a majority
in earh House for the institution, and no inten-
tion to lose time in arguing for it — our course
uf action became obvious, which was — to attack
incessantly, assail at all points, display the evil
of the institution, rouse the jicople — and prepare
them to sustain the veto. It was seen to be the

„1^'

i,i

' ;-•:

I ,

SS6

THIRTY YE.\IW VIF.W.

policy of till' bank leaders to rnrry the clinrier
li'st, and qtiittly throuf;h the Stimte ; and after-
wards, in the Hanic way in the House. We
determined to have a contest in both j)laccs, and
to force the bank into defence.- which woultl
enfrafio it in a {general combat, and lay it open
to Kide-blow, as well as direct attacks. With
this view a great many amendments and inqui-
ries were prepared to be ofTered in the Senate,
all of them proi)cr, or plausible, rccommendablo
in themselves, and supported by acceptable
reasons ; which the friends of the bank must
either answer, or riyect without answer ; and
eo incur odium. In the House it was determined
to make a move, which, whether rcsistid or
admitted by the bank majority, would bo certain
10 have an eflfect against the institution — namely,
on investigation by a committee of the House,
as provided for in the charter. If the investi-
gation was denied, it would be guilt shrinking
from detection ; if admitted, it was well known
that misconduct would bo found. 1 conceived
this movement, and had charge of its direction.
I preferred the House for the theatre of investi-
gation, as most appropriate, being the grand
inquest of the nation ; and, besides, wished a
contest to be going on there while the Senate was
engaged in passing the charter ; and the right
to raise the committee was complete, in cither
House. Besides the right reaen-ed in the char-
ter, there was a natural right, when the corpo-
ration was asked for a renewed lease, to inquire
how it had acted under the previous one. I got
Mr. Clayton, a new member from Georgia (who
had written a pamphlet against the bank in his
own State), to take charge of the movement ;
and gave him a niemorandum of seven alleged
breaches of the charter, and fifteen instances of
imputed misconduct, to inquire into, if he pot
his committee ; or to allege on the floor, if he
encountered resistance.

On Thursday, the 23d of February, Mr.
Clayton made his motion — " That a select com-
mittee be ajipointed to examine into the affairs
of the Bank of the United States, with power to
Bend for persons oud papers, and to report the
result of their inquiries to the House." This
motion was objected to, and its consideration
postponed until the ensuing Monday. Called
up on that day, an attempt was made to repulse
it from the consideration of the Houl-c. Mr.
Watmougli, a representative from Pennsylvania,

and from the city, a friend to the bank, an(l I
from his locality and friendship suppost'd to
familiar with its wishes, raised the quistion ,
consideration — that is, called on the Hour. i,, i
decide whether they would consider Mr. ('h\ •
ton's motion ; a question which is onlv niin,: i
under the parliamentary law where the nidti..-
is too frivolous, or flagrantly improper, to ri-
ceive the attention of the House. It was a fal„.
move on the part of the institution ; ami tlir
more so as it seemed to be the result of (klilxr- 1
ation, and came from its immediate representa-
tive. Mr. Polk, of Tennessee, saw the advantaT.- 1
presented ; and as the question of considerati,,:,
was not debatable, he demanded, as the onlv
mode of holding the movement to its rtspoii-
sibility, the yeas and nays on Mr. Watniou'-h's I
question. But it went off on a different point—
a point of order — the question of consideration
not lying after the House has taken action (ii
the subject ; and in this case that had been done
— very little action to be sure — only iwstponin"
the consideration from one day to another ; but I
enough to satisfy the rule ; and so the motion I
of Mr. Watmough was disallowed; and tln-l
question of consideration let in. Another move-
ment was then made to cut off discussion, and j
get rid of the resolution, by a motion to lay it
on the table, also made by a friend of the bank [
[Mr. Lewis Williams, of North Carolina]. Thi
motion was withdrawn at the instance of Mr, I
McDuffie, who began to see the effect of these
motions to suppress, not only investigation, but
congressional discussion ; and, besides, Mr. Mc-
Duffie was a bold man, and an able debater,
and had examined the subject, and reiwrted in
favor of the bank, and fully believed in its
purity ; and was, therefore, the less averse to
debate. But resistance to investigation was
continued by others, and was severely animad- 1
verted upon by several speakers — among others,
by Mr. Polk, of Tennessee, who said :

" The bank asks a renewal of its charter ; ami I
ought its friends to object to the inquiry ? He
must say that he had been not a little surprised
at the unexpected resistance which had been df-
ferred to the resolution under consideration, bv
the friends and admirers of this institution— by |
those who, no doubt, sincerely believed its con-
tinued existence for another term of twenty yem I
to be essential to the prosperity of the country.
He repeated his surprise that its friends should
be found shrinking from the investigation pro> I
posed. He would not say that such resietano (

AXXO 1831 ANDREW JACKSON PKI^Il'KNT.

237

i.fonlc<l any fair ^onnJii of inference that there
3i;ht Ih) sometliinR " ruttcn in the state of Dcn-
icirk." He would not cay this ; f<ir he did not
i„l himwlf authoriwxl to do bo ; but was it not
niTa'ivcd tliat such an inference might, and
j,n>l>a'>'y would, be drawn by the public ? On
irtmt (ground was the inquiry opposwl ? Was
it that it was improper? Was it that it was
unusual ? The charter of the Iwink itself author-
,a,l a committee of either House of Congress to
ixunine its books, and report upon its condition,
(rliciiever either House may choose to institute
in examination. A committee of this House,
ujion a former occasion, did make such an ex-
uuination, and he would refer to their report
U'foa' he sat down. Upon the presentation of
the bank memorial to the other branch of the
;e<;i.<lature, a select committee had been invested
vritli power to send for persons and papers, if
tbev chose to do so. When the same memorial
yiis presented to that Hou.se, what had been the
course pursued by the friends of the bank ? A
motion to refer it to a select committee was op-
posed. It was committed to their favorite Com-
loittcc of Ways and Means. He meant no dis-
re<-pcct to that committee, when he said that the
question of rechartering the bank was known to
lave been prejudged by that committee. When
the President of the United States brought the
tuliject of the bank to the notice of Congress in
December, 182'J, a select committee was refused
bv ttic friends of the bank, and that portion of the
uiessage was referred to the Committee of Ways
and .Moans. Precisely the same thing occurred
at the commencement of the last and at the pre-
. lit session of Congress, in the reference which
«as made of that part of the messages of the
President upon the subject of the bank. The
irieads of this institution have been careful al-
ways to commit it to the same committee, a
coiiimitteo whose opinions were known. Upon
the occasion first referred to, that committee
made a report favorable to the bank, which was
Kilt forth to the public, — not a report of facts.
Hut a report founded ui)on an examination into
the aifairs of the bank. At the present session,
we were modestly asked to extend this bank
monopoly for twenty years, without any such
examination having taken place. The committee
had reported a bill to that effect, but had given
us no facts in relation to the present condition
of the bank. They had not even deemed it ne-
cessary to ask to be invested with power to ex-
amine either into its present condition, or into
the manner in which its aOairs have been con-
ducted.

"He would now call the attention of the House
to tiif examination of the bank, made by a com-
mittee of this House in the year 1819, and under
the order of the House. lie then held the re-
Jtort of that committee in his hand. That com-
mittee visited the bank at Philadelphia ; they
examined its books, and scrutinized its conduct.
Ihcy examined on oath the president, a part of
the directors and oiHucrs of the bank. A nd what

was the result? They di(-oovond many and
flagrant abus«'.'4. T'.iey foun 1 tliat tlie ohartir
had licen violated in <iivors particulars, and tliey
so rejwrted to tliis House lie would not tlitniii
the Iloust^ however, with the details of that
document, (ientleuun could nRr to it, and
satisfy themHclves. It contained mtu'li valuable
information, at^ bearing u|)on the proiHJ.fition now
before the House. It was suflioient to say that
at that periixl, within throe years after the bank
had gone into existence, it was upon the very
verge of bankruptcy. This the gentleman from
South Carolina would not deny. The report of
the committee to which he had alluded author-
ized him to say that there had been gross mis-
management, he would not use any stronger
term, and in the opinion of that committee ^an
opinion never reversed by Congress) a palpable
violation of the charter. Now sir, this was the
condition of the bank in 1819. The indulgence
of Congress induced theiu not to revoke the
charter. The bank had gone on in its opera-
tions. Since that period no investigation or ex- ,
amination had taken place. All we knew of it«
doings, since that i)eriod,was from the e.v part'*
reports of its own officers. These nmy all b*
correct, but, if they be so, it could do uc harm U'
ascertain the fact."

Mr. Clayton then justified his motion for th«
committee, _^r»t upon the provisions of the char
ter (article 23) which gave to either House of
Congress the right at all times to a{)point a com
mittee to inspect the books, and to examine in
to the proceedings of the bank ; and to reporl
whether the provisions of the charter had been
violated ; and he treated as a revolt against this
provision of the charter, as well as a sign of
guilt, this resistance to an absolute right on the
part of Congress, and most proper to be exercised
when the institution was soliciting the continu-
ation of its privileges ; and which right had been
exercised by the House in 1819, when its com-
mittee found various violations of the charter,
and proposed a scire facias to vacate it ; — which
was only refused by Congress, not for the sake
of the bank, but for the community — whose dis-
tresses the closing of the bank might aggravate.
Next, he justified his motion on the ground of
misconduct in the bank in seven instances of
violated charter, involving forfeiture ; and fifteen
instances of abuse, which required correction,
though not amounting to forfeiture of the char-
ter. All these he read to the Hotisc, one by
one, from a narrow slip of paper, which he con-
tinued rolling round his finger all the time.
The memorandum was mine — in my handwrit-
i»g — given to him to copy, and amplify, as the^'

* •

23S

THIRTY YELVnS' VIEW.

were brief mcniornnfla. lie had not copied
them; and liaviiif; to justify puddenly, he used
tl»e slip I had given him — rojlinfr it on his finpcr.
as on a cylinder, to prevent my handwritmg
from being seen : so lie afterwards told me him-
self. Tlic reading of these twenty-two heads of
accusation, like so many counts in an indict-
ment, nprung the friends of the bank to their
feet — anil its foes also — each finding in it some-
thing to rouse them — one to the defence, the other
to the attack. The accusatory list was as fol-
lows :

"FinsT: Vluhitions of charier amounling
toforfcilnre :

" 1. The issue of seven millions, and more, of
branch bank orders as a currency.

" 2. Us\iry on broken bank notes in Ohio and
Kentucky: nine hundred thousand dollars in
Ohio, and nearly as much in Kentucky. See 2
Peters' lleports, p. 527, as to the nature of the
case.

" 3. Domestic bills of exchange, disguised loans
to tako more than at the rate of six per cent.
Sixteen millions of these bills for December last.
See monthly statements.

4. Non-user of the charter. In this, that
n-om 1819 to 1820, a period of seven years, the
South and AVest branches issued no currency of
any kind. See the doctrine on non-user of char-
ter and duty of corporations to net up to the
end of their institution, and forfeiture for neg-
lect.

" 5. Building houses to rent. See limitation
in their charter on the right to hold real pro-
perty.

" (3. In the capital stock, not having due pro-
portion of coin.

"7. Foreigners voting for directors, through
their trustees.

"Second: Abuses worthy of inquiry, not
amounting to forfeiture, but going, if true,
dearly to show the inc.vpediency of renewing
Ike charter.

"1. Not cashing its own notes, or receiving
in deposit at each branch, and at the parent
bank, the notes of each other. By reason of
this practice, notes of the mother bank are at a
discount at many, if not :■ U, of her branches, and
completely negatives the assertion of 'sound
and uniform currency.'

"2. Making a difference in receiving notes
from the federal government and the citizens of
the States. This is admitted as to all notes
above five dollars.

" 3. Making a difference between members of
Congress and the citizens generally, in both
granting loans and selling bills of exchange. It
is believed it can be made to appear that mem-
bers can obtain bills of exchange without, citi-
zens with a premium ; the first give nominal
endorsers, the other must give two suflBcient re-
sident endorsers.

"4. The undue accumulation of proxien j
the hands of a few to control the ticctior. A*
directors. * '"

'• 5. A strong suspicion of secret undcrsinn-!.
ing between the bank and brokers to jdf, j.
stocks, contrary to the clmrter. For exaintilo
to buy up three per cent, stock at this day ; l^,\
force the government to pay at par foV'tliit
stock; and whether the government dttKjhits
may not l)C used to enhance its own debts.

'•G. Subsidies and loans, directly or indirectly
to printers, editors, and lawj-ers, for purpo,i.s
other than the regular business of the bank,

" 7. Distinction in favor of merchants in 'nt\\.
ing bills of exchange.

" 8. Practices upon local banks and debtors to
make them petition Congress for a renewal of its
charter, and thus impose upon Congress by inUa
clamor.

"9. The actual management of the bank
whether safely and prudently conducted. Scl
monthly statements to the contrary.

" 10. The actual condition of the bank, hr
debts and credits ; how much she has increaceil
debts and diminished her means to pay in ijic
last year; how much she has increased Iier
credits and multiplied her debtors, since the
President's message in 1829j without ability lo
take up the notes she has issued, and pay htr
deposits.

"11. Excessive issues, all on public deposits.

" 12. Whether the account of the bank's pros-
perity be real or delusive.

" 13. The amount of gold and silver coin ami
bullion sent from Western and Southern branch-
es of the parent bank since its establishment in
1817. The amount is supposed to be fifteen or
twenty millions, and, with bank interest on
bank debts, constitutes a system of the most
intolerable oppression of the South and West.
The gold and silver of the South and West have
been drawn to the mother bank, mostly by the
agency of that unlawful currency created by
branch bank orders, as will be made fully to ai>-
pear.

" 14. The establishment of agencies in difTer-
ent States, under the direction and mnnaRemcnt
of one person only, to deal in bills of exchange,
and to transact other business properly belong-
ing to branch banks, contrary to the charter.

" 15. Giving authority to State banks to dis-
count their bills without authority from tlie
Secretary of the Treasury."

Upon the reading of these charges a heated and
prolonged discussion took place, in which more
than thirty members engaged (and about an
equal number on each side) ; in which the I
friends of the bank lost so much ground in tiie
public estimation, in making direct opposition to
investigation, that it became necessary to give
up that species of opposition— declare in favor
of examination — but so conducted as to b« m>

AXXO 1832. aXDREW JACICSON*. PRI^IDEST.

231)

I ptory, and worse than asclcss. One proposi- ]
.„n was to have the investigation made by the
Committee of Waj-8 and Means — a proposition
jhich involved many departures from parlia-
iiT.tary law — from propriety — and from the
I nspcct which the bank owed to itself, if it was
innocent. By all parliamentary law such a com-
jiittcc must be composed of mcmljers friendly
10 the inquiry — hearty in the cause — and the
jiOTcr always to be its chairman : here, on the
I contrary, the mover was to be excluded : the
very champion of the Bank defence was to be
the investigating chairman ; and the committee
to whom it was to go, was the same that had
just reported so warmly for the Bank. But
this proposition had so bad a look that the
chairman of the Committee of Ways and Means
|Mr. McDufBe) objected to it himself, utterly
[tiusing to take the office of prosecutor against
ID institution of which he was the public de-
I tender. Propositions were then made to have
the committee appointed by ballot, so as to take
the appointment of the committee out of the
lands of the Speaker (who, following the par-
liamentary rule, would select a majority of mem-
bers favorable to inquiry) ; and in the vote by
I ballot, the bank having a majority in the House,
I could reverse the parliamentary rule, and give
to the institution a committee to shield, instead
of to probe it. Unbecoming, and even suspi-
cious to the institution itself as this proposition
I was, it came within a tic vote of passing, and
1 was only lost by the casting vote of the Speaker.
Investigation of some kind, and by a select com-
I mittee, becoming then inevitable, the only thing
that could be done in favor of the bank was to
restrict its scope ; and this was done both as to
time and matter ; and also as to the part of the
institution to be examined. Mr. Adams intro-
duced a resolution to limit the inquiry to the
operations of the mother bank, thereby skipping
the twenty-seven branches, though some of them
were nearer than the parent bank ; also limiting
the points of inquiry to breaches of the charter,
!o as to cut off the abuses ; also limiting the time
io a short day (the 21st of April) — ^larch then
tieing far advanced ; so as to subject full inves-
tigation to be baffled for the want of time. The
n;ason given for these restrictions was to bring
the investigation within the compass of the
k'ssion— so as to insure action on the application
X'fore the adjournment of Congress — thereby

openly admitting its connection with the presi-
dential election. On feeing his proposi-d in<niiry
thus restricted, Mr. Clayton tluus gave vent to
his feelings :

" 1 hope I may b*i permitte<l to take a imrtin;*
leave of my resolution, as I very plainly iKrcoivc
that it is going the way of all iiesh. \ diticovfr
the bank has a complying mnj<<rify at present in
this House, and at this late hour of the night
are determined to carry things in their own

way; but,

sir, I

view with astonishment the

conduct of that majority. AVhen a speaker rises
in favor of the bank, he is listened to with great
attention ; but when one opposed to it attempts
to address the House, such is the intentional
noise and confusion, he cannot be heard ; and,
sir, the gentleman who last spoke but one in
favor of an inquiry, had to take his seat in a
scene littk short of a riot. I do not understand
such conduct. When I introduced my resolu-
tion, I predicated it upon the presumption that
every thing in this House would, when respect-
fully presented, receive a respectful considera-
tion, and would be treated precisely as all other
questions similarly situated arc treated. I ex-
pected the same courtesy that other gentlemen
received in the propositions submitted by them,
that it would go to a committee appointed in
the usual form, and that they would have the
usual time to make their report. I believed, for
I had no right to believe otherwise, that all com-
mittees of this House were honest, and that they
had too much respect for themselves, as well as
for the House, to trifle with any matter confided
to their investigation. Believing this, I did ex-
pect my resolution would be submitted in the
accustomed way ; and if this House had thought
proper to trust me, in part, with the examina-
tion of the subject to which it refers, I would
have proceeded to the business in good faith,
and reported as early as was practicable with
thi3 important interests at stake. It has been
opposed in every shape ; vote upon vote has
been taken lipon it, all evidently tending to
evade inquiry ; and now it is determined to
compel the committee to report in a limited
time, a thing unheard of before in this House,
and our inquiries are to be confined entirely to
the mother bank; whereas her branches, at
which more than half the frauds and oppressions
complained of have been committed, are to go
unexamined, and we are to be limited to breaches
of the charter when the abuses charged are nu-
merous and flagrant, and equally injurious to
the community. We are only to examine the
books of the parent bank, the greatest part of
which may be accidentally from home, at some
of the branches. If the bank can reconcile it to
herself to meet no other kind of investigation bin
tliis, she is welcome to all the advantages which
such an insincej% and shuffling course is calculat-
ed to confer ; the people of this country are too
intelligent not to understand exactly he r object."

240

TIIIUTY YKAItS' VIEW.

Among the abuses cut off from examinations
by these rtstrictionB, were two modes of ex-
torting doubiu and treble coriijK'nBation for the
use of moni'v, one by turning a loan note into
a bill of ex'hiinge, and the otlu v by forcing tlu!
lx)rrower to take hia money upon a domestic
bill instead of on a note — both systematically
J)ractised upon in the West, and converting
nearly all the Western loans ir.o enormously
usurious transactions. Mr. Clayton gave the
following description of the fir t of these modes
of extorting usury :

" I will now make a fuller statement ; and I
think I am authoiieed to say that there are gen-
tlemen in this House from the West, and under
my eye at present, who will confirm every word
I say. A person has a note in one of the West-
ern brancli banks, and if the bank determines
to extend no further credit, its custom is, when
it sends out the usual notice of the time the
note falls due, to write across the notice, in
red ink, these three fatal words — well under-
stood in that country — 'Payment is expect-
ed.' This notice, thus rubricated, becomes a
death-warrant to the credit of that customer,
unless he can raise the wind, as it is called, to
pay it off, or '^an discount a domestic bill of ex-
change. This last is done in one of two ways.
If he has a factor in New Orleans who is in the
habit of receiving and selling his produce, he
draws upon liim to pay it off at maturity. The
bank charges two per centum for two months,
the factor two and a half, and thus, if the draft
is at sixty days, he pays at the ratie of twenty-
seven per centum. If, however, he has no fac-
tor, he is obliged to get some friend who has
one to make the arrangement to get his draft
accepted. For this accommodation he pays his
friend one and a half per cent., besides the two
per cent, to the bank, and the two and a half
per cent, to the acceptor ; making, in this mode
of arrangement, thirty-six per cent, which he
paj's before he can get out of the clutches of the
bank for that time, twelve per cent, of which,
m either case, goes to the bank ; and so little
conscience have they, in order to make this,
they will subject a poor and unfortunate debtor
to the other enormous burdens, and consequent-
ly to absolutft beggary. For it must be obvious
to every one''that such a per cent, for money,
under the melancholy depreciation of produce
rvcTj where in the South and West, will soon
wind up the affairs of such a borrower. No
people under the heavens can bear it ; and un-
less a stop is put to it, in some way or other, I
predict the Western people will be in the most
deplorable situation it is possible to conceive.
There is another great hardship to which this
debtDr is liable, if he should not be able to fur-
nish the produce ; or, which is sometimes tlie
case, if it is sacrificed in the sal« of it at the

time the draft btcomcs due, whereby it 1,^ p.,
tected for want of tmidx it returns upon i,i,!]
with the adthtional cost of ten p.-r ant. fir
non-payment. Now, sir, that is what i.-i mn^
by domestic bills of exchange, disguised as loan-
to take more than six per cent. ; for, mark, Mr
Speaker, the bank docs not purchase a hill ui
exchange by paying out cash for it, and rictiv.
ing the usual rate of exchange, w;.ich varuj i
from one-quarter to one per cent. ; but it niori'-
ly delivers up the poor debtor's note which was
previously in bank, and, what is worse, just J
well secured as the domestic bill of exthaniu 1
which they thus extort from him in lieu thtriof
And while they are thus exacting this per cent
from him, they are discounting bills for otlur"
not in debt to them at the usual premium (,i
one per cent. The whole scene seems to pre-
sent the picture of a helpless sufferer in tln'
hands of a ruffian, who claims the merit (,(
charity for discharging his victim alive, aftiri
having torn away half his Umbs from his budv.

The second mode was to make the loan taku
the form of a domestic bill from the beginning •
and this soon camo to be the most general prac- 1
tice. The borrowers finding tlmt their noUs
v/ere to be metamori)hosed into bills payable in I
a distant city, readily fe'l into the more con-
venient mode of giving a bill in the first in-
stance payable in some village hard by, where !
they could go to redeem it without giving com-
missions to intermediate agents in the shape of I
endorsers and brokers. The profit to the banlc
in this operation was to get six per centum in-
terest, and two per cent, exchange ; which, on l
a sixty days' bill, was twelve per cent, per an-
num ; and, added to the interest, eighteen per
cent, per annum ; with the addition of ten per j
centum danlages if the bill was protested ; and
of this character were the mass of the loans in
the West — a most scandalous abuse, but cut off,
with a multitude of others, from investigation
from the restrictions placed upon the powers
of the committee.

The supporters of the inctitution carried tneir I
point in the House, and had the investigation I
in their own way ; but with the country it was I
different. The bank stood condemned upon itj
own conduct, and badly crippled by the attacks I
upon her. More than a dozen speakers assailed I
her: Clayton, Wayne, Foster of Georgia; J,JI,[
Patton, Archer, and Mark Alexander of Vir-
ginia ; James K. Polk of Tennessee ; Camhre- 1
leng, Beurdsley, Hoffman and Angel of Neff-F
York; Mitchell and Blair of South Carolina;
Carson of North Carolina • Leavitt of Ohio I

ANNO 163i. A.MiUEW JACKSCjX, I'Kl>II>KM.

241

reby it is jcr^ j
■IIS upon hiii, I
rxT wilt. f.,r
rliat is imntit j
xiist'd as l()aii~,
ror, mark, .\lr
;ha6f a lull „{
it, and rwciv.

w;.ich varus I
5 but it nicri'-
ote which was

worse, just w
11 of exchani;u |
in lieu tlicnut.
! this per cent.
jills lor othtr^
kl premium i,i
secma to pre-
iulFerer in tl.f
_ the merit of
im alive, afur
rom his body."

c the loan take
the beginning ;
it general prac-
lilt their notis
bills payable in I
the more con-
in the iirst in- 1
liard by, where {
mt giving com-
in the shape of |
)fit to the bank
per centum in-
; which, ou I
cent, per an-
eightcen per I
lion of ten per |
protested ; and
the loans in
use, but cut off,
investigation I
on the powers I

>n carried tneir
investigation
country it was
emned upon iU

by the attacks I
leakors assailed |
Georgia; J.M.

ander of Vir-

ssee ; Cambre- 1

i\.ngel of Neff-

lUth Carolina;

;avitt of Ohio

age;

yi,,. speakers on the other side were : MoDuffle
in'l Prayton of Smith Carolina; Denny, Craw-
frd. Coulter, Watmough, of Pennsylvania ; j
panii'l of Kentucky ; Jenifer of Maryland ;
Huntington of (^onnecticut ; Root and Collins
„f New-York ; Evans of JIaine ; Mercer of
Virginia; "Wilde of Georgia. Pretty equally
matched both in numbers and ability ; but the
diirerence between attack and defence — between
\M accusation and shrinking palliation — the
ciindiict of the bank friends, first in resisting all
investigation, then in trying to put it into the
Unds of friends, then restricting the examina-
tion and the noise and confusion with which
nistiv of the anti-bank speeches were saluted —
i;a\(. to the assailants the appearance of right,
and the tone of victory throughout the contest ;
anil created a strong suspicion against the bank.
CertJunly its conduct was injudicious, except
upon the hypothesis of a guilt, the worst sus-
picion of which would be preferable to open de-
tection ; and such, eventually, was found to be
ihe iiict. In justice to Mr. McDuffie, the lead-
inir advocate of the bank, it must bo remember-
ed that the attempts to stifle, or evade inquiry,
did not come from him but from the immediate
representative of the bank neighborhood — that
lie twice discountenanced and stopped such at-
tempts, requesting them to be withdrawn ; and
no doubt all the defenders of the bank at the
time believed in its integrity and utility, and
only followed the lead of its immediate friends
in the course which they pursued. For myself
I became convinced that the bank was insol-
vent, as well as criminal ; and i-hat, to her, ex-
amination was death ; and therefore she could
not face it.

The committee appointed were : Messrs.
j Clayton, Richard M. Johnson of Kentucky,
Francis Thomas of Maryland, and ^Mr. Cambre-
I leng of New-York, opposed to the recharter of
tl.e Bank ; Messrs. McDuffie, John Quincy
Adams, and Watmough, in favor of it. The
I committee was composed according to the par-
liamentary rule — the majority in favor of the
I object— but one of them (Colonel Johnson of
'entucky), was disqualified by his charitable
I and indulgent disposition for the invidious task
I of criminal inquisition ; and who frankly told
1 House, after he returned, that he had never
hooked at a bonk-book, or asked a question
rliile he wa.s at Philadelphia ; and, Mr. Adams,

Vol. I.— 16

in invalidating the nport of the mnjoritj
against the bank, d'-sputtMl the reality of tlio
n\!ijority, saying that the good nature of ('oh >-
ni'l Johnson had nun-ly lici'nsed it. On tlic
other hand, the comniitteo wa.'^ a.s favorably
composed for the bank — .Mr. Adams and Mr.
McDuflie both able writers and sjKakers, of na-
tional reputation, investigating minds, ardent
temperaments, firm believers in the inti-grity
and usefulness of the corporation ; and of char
acter and position to be friendly to the institu
tion without the imputation of an undue mo
tivc. Mr. AVatmough was a new member, but
acceptable to the bank os its imniediatu repre-
sentative, as the member that had made tho
motions to bailie investigation ; and as being
from his personal as well as political and social
relations, in tho category to form, if necessarv,
its channel of confidential communication with
the committee.

The committee made three reports — one by
the majority, one by the minority, and one by
Mr. Adams alone. The first was a severe re-
crimination of the bank on many points — usury,
issuing branch bank orders as a currency, selling
coin, selling stock obtained from government un-
der special acts of Congress, donations for roads
and canals, building houses to rent or sell, loans
unduly made to editors, brokers, and members
of Congress. The adver.sary reports were a de-
fence of the bank ou all these points, and the
highest encomiums upon t ., excellence of its
management, and the universality of its utility ;
but too much in tho spirit of the advocate to
retain the character of legislative reports — which
admit of nothing but facts stated, inductions
drawn, and opinions expressed. Both, or ra-
ther all three sets of reports, were received as
veraciou.s, and lauded as victorious, by tho
respective parties which they favored; and
quoted, as settling for ever tho bank question,
each way. But, alas, for the effect of the pro-
gress of events ! In a few brief years all this
attack and defence — all this elaboration of accu-
sation, and refinement of vindication — all this
zeal and animosity, for and against the bank —
the whole contest — was eclipsed and superse-
ded by tho actualities of tho times the majority
report, as being behind tho facts : the minority,
as resting upon vanished illusions. And the
great bank itself, antagonist or Jackson, called
imperial by its friends, and actually constituting

•fv.;-

.1'.

I. ..' '''

1 ■ ;

242

THIRTY YEARS' VIEW.

*i jMiwer in tiio Sutc— jm trnt* in dtist and
ashes — and invf)kin;r from the community,
tliroiifrh tiie mouth of tlie prcatcst of its n<lvo-
catos (Mr. Wt-bstfr), the ohiivion imd amnesty
of on " obsolete idea."'

It is not the desifrn of tliis Victv to explore
these reports for th • lames of pcp'on? implicated
(some perhaps unjustly), in IJ.o criminating
statements of the majority. Tiu object pro-
posed in this work docs ii"t require that inter-
ference with individuals. The conduct of tbo
institution is the poi.it of inquiry ; and in that
conduct.wH! bo found the warning \:Aco against
the dangers and abuses of such an cstabli-hmcnt
in nil time to come.

C H ... P T I-: R L X V.

TUR THREE PER CKNT I>i;!iT. AND LOPS IN NOT
l'<Vi'ING IT WIIKN 'I" '■'.: M.VIK '.VAS LOW, AND
THE MOXKV IN Til>. JANK OV THE UNITED
STATF.3 V.i'lIIOi;-,' LNTKUKST.

There was a part of the revolutionary debt,
Incurred by the States and assumed by Con-
gress, asiMunting to thirteen and a quarter mil-
lions of dollars, on which an interest of only
three per centum was allowed. Of course, the
stock of this debt could be but little over fifty
(lents in the dollar in a country where legal in-
terest was six per centum, and actual interest
uften more. In 1817, when the Bank of the
United States went into operation, the price of
that stock was sixty-four per centum — the
money was in bank, more than enough to p ,y
it — a gratuitous deposit, bringing no interest —
and which was contained in her vaults — her sit-
uation soon requiring the aid of the federal gov-
ernment to enable her to keep her doors open.
I had submitted a resolve early in my term of
service to have this stock purchased at its mar-
ket value ; and for that purpose to enlarge the
power of the commissioners of the sinking fund,
then limited to a price a little below the current
rate : a motion which was resisted and defeated
by the friends of the bank. I then moved a re-
solve that the bank pay interest on the deposits :
which was opposed and defeated in like manner.
Eventually, and when the rest of the public
debt should be paid off, and the payment of these

thirteen ond a quarter millions woulil W, n>,
oblipatory under a policy which eK^hewMj »;
debt — a consummation then rajtidiy nppr.iarh.
inp, under fienenjl Jackson's administratiun— i;
was clear that the treasury would i>ay om. im„.
dred cents on the doUnr -v, v, }i it c.-uld l)o this;
purchased forsixty-o*!!, loing m tiw niciir, -,,
the interest on the nxmey with ■which it rci! i i,
paid. It made a c;.t-<, r.ui' ;:t the dank, ,1 :
it felt itself bound t> ans,v(!r, aiiddidcot' ; >
seiittor J"iinson, i t t.oni;-i ,»,h: v,i>) Ki,.-.,,„
that the ba; k pcJd the debt which the omir ..
suncrs of th- sinking I'und required. This «■•,<
tru< ; but it wjis i.ot the point in the case. Tlip
p.iiii', was that the moi.oy was kept in di.prt,
to sustain thn Lank, and the cnlrr;.tc)i><.'i,i of tho
power.' of ilic commLseioners resisted ' > f^reTnt I
them from (purchasing t)ii,;. islo" -.t a lovi mtp
in view of ts li^e to js.r: v,'nyii soon i(,ol< |
place; and liiade p-lpaltle the loss to the United
States. At the time of the solicited renewal cf I
the charter, this non-payment of the throe ftr
cents was brou2ht up as an instance of lofg in-
curred on account of the bank ; and gave rise to
the defence froin Mr. Johnson ; to which I (
replied :

"Mr. Benton ha(i not intended, he said,to?,u
a word in relation to this question, nor shnuli] I
he now rise to speak upon it, but from what)
had fallen from the senator from New Jersey, I
That gentleman had gone from the resolution I
to the bank, and from the bank he had gone to I
statements respectin;i his resolutions on aliiinl
salt, which were crroneou.''. Day by day, mc-f
morials were poured in upon us by command of|
the bank, all representing, in the same terms,
the necessity of renewing its charter. These I
memorials, the tone of which, and the time off
their presentation, showed their common ori,iiii,f
were daily ordered to bo printed. These papers,
forming a larger mass than we ever had on oiirl
tables before, and all singing, to the same tune,!
the praises of the bank, were ordered to M
printed without hesitation. The report whichl
he had moved to have printed for the benefit of I
the farmers, was struck at by the 6ei;ator of I
New Jerse}'. In the first place, the senator was!
in error as to the cost of printing the report.!
He had stated it to be one thousand nine hiiii-l
d'red dollars, whereas it was only one thousaujl
one hundred dollars. A few days ago, tml
thousand copies of a report of the British IIouwl
of Commons on the subject of railroads wail
ordered to be printed. Following the lanpuaal
of that resolution, he had moved the printin;:'!'!
another report of that body, which would interestT
a thousand of our citizens, where that report
would interest one. There was not a farmer i

ANNO 1832. ANDUEW JALK!>t)N. I'RHSIDENT.

243

11 ; to which 1

^morira who would not 'Iccm it a tn'asnrc. It '
niTorcd the whole Hnlinc kinfniotn ; aiid thost- 1
Q„ge<|uaintc<l with itn nature had no ninre idon I
(,f it than a blind man ha<l of the Bolar rays. It i
m of the highest value to the farmer and the
erazii r. It showed tlie efllct of the mineral kinp-
dom iijKin the animal kinjrdom ; and its views
\rerc the results of the wisdom, cxpericnro, and
iirst talents of Great Britain. The assertion of
the fcnator, that the bank aided in producinp a
.(iiind currency, he would disprove by facts and
i];ites. In 1817 the bank went into operation.
In three or four years after, forty-four banks
ffcre chartered in Kentucky, and forty in ( >hio ;
and the United States Bank, so fur '••oni bciuf;
able to put them down, was on the verpe of
liunkniptcy. With the use of eipht millions of
public money, it was hardly able, from day to
ilav to sustain itself. Eleven millions of dollars,
as he could demonstrate, the people had lost by
iiiaintaininK the bank during this crisis. But
fur a wajTRon load of specie from the mint, a.s
Mr. Cheves informs us, it would have become
bankrupt. In addition to this, the use of gov-
ernment deposits, to the extent of eight millions,
was necessary to sustain it ; and the country lost
eleven millions by the diversion of those deposits
to this purpose. Congress authorized the pur-
ciiivse of the thirteen millions of three per cents.
— iit that time, they could have been purchased
at sixty -five cents, now they were at ninetj'-six
per cent. This was one item of the amount
],.<t. and the other was the interest on the
btock from that time to the present, amounting
to six millions more. It was sho\vn by Mr,
Cheves that the United States Bank owed its
existence to the local banks — to the indulgence
and forbearance of the banks of Philadelphia and
lioston, notwithstanding its receipt of the silver
from Ohio and Kentucky, which drained that
conntry, destroyed its local banks, and threw
down the value of every description of its pro-
perty. The United States Bank currency was
called by the senator the poor man's friend.
The orders on the branches — these drafts issued
;u Dan and made payable in Beershcba — had
liieir origin with a Scotchman ; and, when their
character was discovered, they were stopped as
oppressive to the poor ; and this bank, which
was cried up as the poor man's friend, issued
[hose same orders, in paper so similar to that of
the bank notes, that the people could not readily
discern the difl'erence between them. It was
thought that the people might mistake the sig-
nature of the little cashier and the little president
for the great cashier and the great president.
The stockholders were foreigners, to a great
extent — they were lords and ladies — reverend
clergymen and military officers. The widows,
in whose behalf our sympathy was required,
were countess dowagers, and the Barings, some
of whom owned more of the stock than was pos-
St'ssed in sixteen States of this Union."

C II A V T K U L XVI.

HANK l)K TlIK INITKI ST.VTKS— HIM, K«iR Till;

RKtiiAiiTKi: i:k.I'oi;ti;ii i.\ TiiK ^^:NATK— and

I'A^Sfcl) THAT 1!((1>V.

Tiir first bank of the United .'States, rharterid
in 171M, was a federal measure, conducted undt-r
the lead of Cieneral Hamilton — opjxised by Mr.
JefTer.son, Mr. Madison and the republican jmrty ;
and became a pri'at landmark of party, not
merely for the bank itself, but for the latilndi-
narian construction of the constitution inwhif'li
it was founded, and the great door which it
opened to the discretion of Congress to do what
it pleased, under the plea of being " uecpusary "
to carry into effect some granted power. The
non-renewal of the charter in 1811, was the act
of the republican party, then in possession of
the government, and taking the opportunity to
terminate, upon its own limitation, the existence
of an institution, whose creation they had not
been able to prevent. The charter of the second
bank, in 181G, was the act of the republican
party, and to aid them in the administration of
the government, and, as such, was opposed by
the federal party — not seeming then to under-
stand that, by its instincts, a groat moneyed
corporation was in sympathy with their own
party, and would soon be with it in action
— which this bank soon was — and now struggled
for a continuation of its existence under the
lead of those who had ojjposed its birth, and
against the party which created it. Mr. Web-
ster was a federal leader on both occasions —
against the charter, in 181G ; for the rechartcr,
in 1832 — and in his opening speech in favor of
the renewal, according to the bill reported by
the Senate's select committee, and in allusion
to these reversals of positions, and in justifica-
tion of his own, he spoke thus, addressing him
self to the Vice-President, Mr. Calhoun :

" A considerable portion of the active part of
life has elapsed, said Mr. W., since you and I,
Mr. President, and three or four other gentlemen,
now in the Senate, acted our respective parts in
the passage of the bill creating the present Bank
of the United States, We have lived to little
purpose, as public men, if the experience of this
period has not enlightened our judgments, and
enabled us to revise our opinions ; and to correct
any errors into which we may have fallen, it"
such errors there were, either in regard to the

'■■i ■'..■f-V-r

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->'■'■■

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'■ >

. :f-:

■i»,

' '1 ' '
■i 1 ■ ■'

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244

TIIinTV YEAiiS VIKW

f:iiitTaI utility <T a national hank, or the lU'tailH
C'l'itH conHtitiition. I inir't it will not Ik- iinhi'-
roiiiin^ the occftninn. if I alliiilo to your own
iiii|i<>rtiint n(:i-nry in that transaction. 'I'hc i>ill
iiicoi'iionitin); tlio hank, andpivin); it a constitu-
tion. [(r(Hif(if(l fi'otn a comniitttc of the House
of l{t|iri'si'nt.\tivc'H, of which yon werediainnnn.
iiiiil was conilnnt)'<l (Iroufrh that Ilonse innier
voiirtlistin^uishoil lead. Having recently l(M)ke(l
oK.k to tlie pnjf'eedinns of that day. I must lie
"(iiniitted to say that 1 have jjeiused the s|K>ech
l>v which the snhjict wa.s introduced to the con-
sideration of the llonse, with a revival of the
lielinj; of approlmtion and pleasure with wkicli
1 heard it ; and I will add, that it would not,
]>erlmpH, now, be easy to lind a better brief
synop8i.s of tho.se principles of currency and of
bankinjjT. which, since they spring from the na-
ture of money and of commerce, must be essen-
tially the same, at all times, in all commercial
tonnnunities, than that speech conUiins. The
other f^entlenien now with us in the Senate, all
of tliein, 1 believe, concurred with the chairman
of the committee, and voted for the bill. My
own vote was ajrainst it. This is a matter of
little importance; but it is connected with other
circumstances, to which I will, for a moment,
advert. The gentlemen with whom I acted on
that occasion, had no doubts of the constitutional
power of Conp^ress to establish a national bank ;
noi- had we any doubts of the general utility of
un institution of that kind. We had, indeed,
most of us, voted for a bank, at a preceding
session, Lut the object of our regard was not
whatever might be called a bank. We required
that it should be established on certain princi-
ples, which alone wc deemed safe and useful,
made subject to certain fixed liabilities, and so
guarded that it could neither move voluntarily,
nor be moved by others out of its proper sphere
of action. The bill, when first introduced, con-
tained features, to which we should never have
assented, and we set ourselves accordingly to
work with a good deal of zeal, in order to effjct
sundry amendments. In some of those proposed
amendments, the chairman, and those who acted
with him, finally concurred. Others they
opposed. The result was, that several most
ini))oitant amendment;^, as I thought, prevailed.
lint there still remained, in my opinion, objec-
tions to the bill, which justiiied a persevering
opposition till they should be removed."

He spoke forcibly and justly against the evils
of paper money, and a depreciated currency,
meaning the debased issues of the local banks,
for the cure of which the national bank was to
be the instrument — not foreseeing that this
great bank was itself to be the most striking
exemplification of all the evils which he de- 1
picted. He said : |

'• A disordered currency is one of the greatest i
of political evils. It undermines the virtues |

necessary for the support of the social Byntiin
and encourages pr«|ii'nsities destrictive of ii,
happiness. It wars against 'ndustry fr„.
gality, and ecommiy; and it fosters thoiTl
spirits of extravagance and spcculotion. Of j,i|
the contrivances for cheating tiie laboring rlufi,.^
of mankind, none has been more ellectnal ih^m
that which dehnles them with pajKr mom ■,
This is the most effectual of inventions to fi r.
tilize the rich man's field, by the sweat of th,.
I)oor man's brow. Ordinary tyranny, oji|)r, ..
sion, excessive taxation, these bear lightly ,,„
the happiness of the mass of the coininuuitv
compared with fraudulent currencies, and tin
robberies committed by depreciated pa|xr. Our
own history has recorded for our instruction
enough, and more tlian enough, of the demor-
alizing tendency, the injustice, and the intokiu-
ble oppression on the virtuous and well dispo^cil
of a degraded paper currency, authorized by hw]
or any way countenanced by government. ''

lie also spoke truly on the subject of Hr,
small quantity of silver currency in the Unitii!
States — only some twenty-two millions— ,ini
not a particle of gold ; and dejirecated the smul
bank note currency as the cause of that evil
lie said :

" The paper circulation of the country is, a,
this time, probably seventy-five or eighty mil.
lions of dollars. Of specie we may have twenty
or twenty-two millions : and this, principally. In
masses in the vaults of the banks. Now, sir.
this is a state of things which, in my judgment,
leads constantly to overtrading, and to tiio
consequent excesses and revulsions whici. f»
often disturb the regular course of commercial
afiairs.

" Why have we so small an amount of specie in
circulation ? Certainly the only reason is, be-
cause we do not require more. We havfibutto
ask its presence, and it .vould return. But we
voluntarily banish it by the great amount of
small bank notes. In most of the States the
banks issue notes of all low denomination.^,
down even to a single dollar. Ildw is it possi-
ble, under such circumstances, to retain specie
in circulation 1 All experience shows it to le
impossible. The paper will take the place o! {
the gold and silver. When Mr. Pitt, in the
year 1797, proposed in Parliament to authorize I
the Bank of England to issue one pound notes,
Mr. Burke lay sick at Bath of an illness Iron)
which he never recovered ; and he is said to
have written to the late Mr. Canning, ' Tell .Mr.
Pitt that if he consents to the issuing of one [
pound notes, he must never expect to see
guinea again. ' "

The bill provided that a bonus of $500,000 1
in three equal annual instalments should ho
paid by the bank to the United States for lU

ANNO 1832. ANimKW JACKSON, rRP>II»FNT.

•245

fxriusive priviloproB : Mr. Wch^tor movt'd to i
modify the section, no nn to iiprrail tlio imymrnt '
iivcr the entire term of tho hank'n propowd ex- j
u.tence — $150,000 a yi'ar for flrteon ytars. I j
ais opposed botli to tlic bonus, and the exclu- '
,ivc privilege, and said :

•The proper compentiation for the bank to'
m.ilif, provided this excluHive privilcfrc was pold i
[oit, would be to reduce the nito of inten-st on
iiiariH and discounts. A reduction of interest i
noiild be felt by the people ; tho payment of n !
Iniiiiis would not bo felt by thorn. It would !
(lime into tho treasury, and probably be lav- ,
.-lied immediately on some scheme, possibly j
unconstitutional in its nature, and sectional in i
Its application. Ho was not in favor of any '
lichcnie for pettins money into tho tn'OMury at
present. The difficulty I:iy the other way.
Tlie strupplo now was to ktip money out of the
treasury, — to prevent the accimmlation of a stir-
j.lus ; and tho reception of this bonus would po
to nirpravato that ditlicu.;y, by increasin;? that ;
surplus. Kinps might receive bonuses for selling
ixcliisivo privileges to monopolizing companies.
lii that case his subjects would bear the loss, I
mid he would receive the profit ; but, in a re- 1
])iiblic, it was incomprehensible that the people '
ihould sell to a company the privilege of making j
.iioncy out of themselves, lie was opposed to
'lie grant of an exclusive privilege ; he was op- \
iHjsed to the sale of privileges ; but if granted, i
or sold, he was in favor of receiving tho price in
the way that would be most beneficial to tho '
whole body of the people ; and, in this case, a '
ndtiction of interest would best accomplish that
object. A bank, which had tho benefit of the ]
credit and revenue of the United States to bank i

upon.

could well afford to make loans and dis-

rounts for less than six per centum. Five per
centum would be high interest for such a bank ;
and he had no doubt, if time was allowed for
ihe application, that applications enough would
be made to take the charter upon these terms. "

I opposed action on the subject at this session.
The bank charter had yet four years to run,
and two years after that to remain in force for
winding up its affairs; in all, six years before
the dissolution of tho corporation: and this
ffould remit tho final decision to the Congress
which would sit between 183G and 1838, and
tliere was not only to be a new Congress elected
before that time, but a new Congress under a
new apportionment of tho representation, in
which there would be a great augmentation of
members, and especially in the West, where tho
operation of the present bank was most inju-
rions. The stockholders had not applied for tho
rtcharter at this session : that was the act of

tho directors and politicians, or mther of the
politicians and direct'irs; fur the furmer gov-
erned the dteision. The Ktockliolders in their
meeting hist .*^>i'ptemlnT ciily authorized the
president and din-ctorn to apply at any tiiiii>
l>efore the next triennial muting — at any tiiiii-
within throe year." ; and that woidd carry Uu-
application t<> the ri;;ht time. I, tlurefore. in
veighed against tho present a[iplication, and in
sistcd tl

"Many reasons fip|io.«e the (inal action of
Congress upon this subject at the present time.
^\'e are exhausted with the tedium, if not with
tho labors of a six months' se-^sion. Our hearts
and mind.s nuist be at home, though our bndie-t
are here. Mentally and bodily we are unable
to give tiie attention and ccnisideration to tins
question, which tho magnitude of its principle^,
tho extent and variety of its tletail.-*, demand
from us. Other subjects of more immediatu
and pressing interest must be thrown aside, to
make way for it. The reduction of the price of
the public lands, for which the new States have
been petitioning for so many j'ears, and the
modification of tho tarifl", the continuance of
w^hich seems to be weakening tho cement which
binds this Union together, must be postponed,
and possibly lost for tho session, if we go on
with tho bank question. Why has tho taritf
been dropped in the Senate ? Every one recol-
lects tho haste with which that subject was
taken up in this chamber; how it was pusheil
to a certain point ; and how suddeidy and gen-
tly it has given way to the bank bill ! Is there
any union of interest — any conjunction of forces
— any combined plan of action — any alliiince,
ofl'ensive or defensive, between tho United
States Bank and the American system ? Cer-
tainly they enter tho field together, one here,
the other yonder (pointing to the House of
Representatives), and leaving a clear stage to
each other, they press at once upon both wings,
and announce a perfect non-interference, if not
mutual aid, in tho double victory which is to bo
achievetl. Why have the two bills reported by
the Committee on Manufactures, and for taking
up which notices have been given : why arc they
80 suddenly, so easily, so gently, abandoned ?
Why is the land bill, reported by the samo
committee, and a pledge given to call it up
when the Committee on Public Lands had made
their counter report, algo suffered to sleep on
the table t The counter report is made ; it irt
printed j it lies on every table ; why not go on
with the lands, when tho settlement of the ques-
tion of tho amount of rcveimo to be derived
from that source precedes tho tariff question,
; and must be settled before wo can know how
I much revenue should be raised from imports.
i "An unfinished investigation presented an-
other reason for delaying the final action of Con
gress on this subject. The House of Keprescntu'

L'4G

TIIIUTV YKAHS' VIKW.

tivf* hail np|><iitit<-il n ••otmiiiitrc to invontitrntf
till- iitliiirN (if the ImiiK , tliry liml (jrooci'tli-il lo
tin' limit of tin- titiic ailoitcil tin in — had n'|Mirt-
«■ I ailvcr-'i-ly tity ol liirllitT cxniniim-
tiDim. Woiilil tlu! Seiuitc i.nH;i'»'(l while tlii^
iiiilliiih'luMl iiivcsti^'iitiiin whh <li'|ii'n<liiiK in the
• iiluT end <if tlw liiiildinc 7 Would they
.'I't SI) as til liiiiit till' invi'Htijration t<i the I'rw
wirkH which wi'i'i' allowi'il to the CDiiiniittw,
whi-n we havi' fniin four to «i.\ yi'iir.-i on hand
within whii'ii to iiiukc it ? Thi' riporfs of
this comniitti'c, to the iiinonnt of soino ITijOdO
ropit's had Ik'I'h oi'dcrcd to Ik- printtMl by the
two Housi'H, to liiMli-itrihiitcd ninon;; tlie pi'oiik".
For what pui'iKiat? Certainly that the propli-
iiii;;ht ifud tliein— make np their ininilH upon
tlii'ir contents — and comnnmicnte their se'iti-
meiits to their n'presentatives. I'mt these re-
jiorts are not yet distrihiited ; they are not yet
lead liy the jieople ; and why order this distri-
liiition without waltinfr for its ellbot, when there
i.-i so much time on hand ? Why treat the jk'o-
plu with this mockery of a pretended consulta-
tion — this illusive ref'errnee to their judjtnient —
while proceedini; (o act heC'ire they can rend
uhat we jiave Kent to them? Nay, more; the
Very documents upon vvh 'h the reports are
(bunded are yet un|irinted ! The Senate is ac-
tuiilly pushed into this discussion without linv-
inir si'en the evidence which lias been collected
by the investipitins committee, and which the
Senate itself lias ordered to lie printed for the
inl'ormntioii of its niembors,

'• 'I'he decision of this question does not belonp
to this Coiiftresfl, but to the Con<rres8 to be
elected under the new census of 1H30. It
looked to him like usurpation for this Coufrress
to seize upon n question of this magnitude, which
required no decision until the new and full rep-
H'sentation of the jicople shall come in ; and
which, if decided now, thoujj;h prematurely and
liy usurpation, is irrevocable, although it cannot
take elleet until 18;{() ; — that is to say, until
three years after the new and full representa-
'ion would be in power. AVliat Congress iii
liis ? It is the apportionment of 18120, formed
on a population of ten millions. It is just poinpj
out of existence. A new Con^rrcss, apportioned
upon & representation of thirteen millions, is
already provided for by law ; and after the 4th
of March next — within nine months from this
day — will be in power, and entitled to tlie seats
in which we sit. Tha.t Congress will contain
thirty members more than the present one.
Three millions of people — a number eqiiiil to
that which made the revolution — are now un-
represented, who will be tin n represented. The
West alone — that section, of the Union which
sutlers most from the depredations of the bank
— loses twenty votes ! In that section alone a
million of peojile lose tlieir voice \n the decision
of this great question. And why ? What ex-
cuse ? "What necessity ? AV'hat plea for this

sudden ha-to which inliTnipts nn iintlnisli, ,|
invcstignt'on — ntn n.-ide the immediate lm,iiiii..,
of the iK'iijile — and iisurim the riuhtsitroiir mi,.
ressors 1 No j)lca in the world, exwpt tlmt n
gifmntic moneyed inctitiition refuses ti> wun
and mii:U have her inqierial wishes innr.cillntilv
gratiiled. If a charier was to be grunted j»
should Ix' diiiie with ns little inva'^ion of tln'
rights of posterity — with as little encrnnchmciit
upon the priviligi"- of our successors — as imh^j.
bie. Once in ten years, and that at the rom-
mencement of each full representation iii(|,.r ^
new census, would be the most apprnpriati.
time; and then charters should lie lor tin and
not twenty years.

".Mr. ]{. had nothing todovith motives, J],,
neither preferred accusations, nor prono'uicnl
absolutions: but it was impossible to shut hU
eves upon facts, and to close up his reason aj;ain>t
the induction of inevitable inferences. The pu'.
sidental election was at hand ; — it would cdtio
in four mouths ; — and liere was a question which,
in the opinion of all, must aliect that clertinn
— in the opinion of some, may decide it — which
is pressed on for decision four years liefore it !•*
necessary to decide it, and six years befori' it
onghi to be decided. AVhy this sudden pressure ?
Is it to throw the bank bill into the hniids
of the J'resident, to solve, by a practical referenn
the disputed problem of the executive veto, inul
! to jilace the I'resident under a cross fire from the
j opposite banks of the Potomac lliver? IIp[.\Ir,
I B.] knew nothing about that veto, but he kmw
something of human nature, and somethiiifr nf
I the rights of the people under our representativi'
' form of government ; and he would be free t»
say that a vejto which would stop the encronoV
[ ment of a minority of Congress upon the rights
I of its successors — which would arrest a fri).'lit-
i ful act of legislative usurpation — which ^voukl
retrieve for the people the right of deliberation,
> and of action — wliich wouldarrcsttheoverwlulm-
i ing [irogress of a gigantic moneyed institution—
which would prevent Ohio from being deprivi'l
of live votes, IniUana from losing four, Tenncf-«'..'
four, Illinois two, Alabama two, Kentucky, Mis-
sissippi and Missouri one each— which would
j lose six votes to New- York and two to I'ennsyl-
j vania ; a veto, in short, which would protect tho
i rights of three millions of ixjople. now unrcpit-
: .sented in Congress, would be an act of cons-titu-
tional justice to the people, which ought t(. raise
I the President, and certainly would raise him, to a
1 higher degree of favor in the estimation of evoiv
1 republican citizen of the community than he now
j enjbyed. By passing on the charter' now, Coii-
I giess would lose all check and control over tlie
I institution for the four years it had yet to
I run. The pendency of the question was a rod
over its head for these four years ; to deciiie
j the question mow, is to free it from all restraint,
i and turn it ,»(ise to play what part it pleased
j in all our affairs — elections, State, federal, presi-
dential.
1 '"Mr. B. turned to the example of England

States : and, unlesi

ANNO is: .J ANPIIKW JACKiJO.V. .••ia>IliF.NT

247

,,! lN';rvr<'<l the rr>piit>1ir«n Smate of tlio rnit»'«l

. }!i'-i tu tnko II Ic.x.oon froii) tho tiinnitrcliinl |
Biiaaiii'ltt iif (iii'iit liritniii. W'v rdjiinl lliiir
,ilw:iy-i; why not their f^'Mxl ouch J Wo mp-
,,io'ir liiitik chiutiT fn)in tlu'irs; why ii<>i imi ,
tjU' t!>' III III their iin|iMVt'ni<'iitH u|ii>ii th« ir oun
jrtik / At tirhl the hunk hiul ft int)ii<>|K)ly n'suU-
;;i; frniu im txchisivi- privilip': ihiil is now
,;,iiii''l. l-'tirncrly tlie churtir was rein.'\vtil
-viral ydirs liefore it Wis out: it now hiw h-ss
thaii a y^^'T to run, and is» not yet rt'churtoroil." }

Aiii'tion was made hy Mr. Mooro of Ala-'
Ijiia, (krlnriitory of tlie ri^ht of thi' Stafcs to ■
.vliiiit, i>r <li'ny the cstublishinent of branches of \
ihc mother hnnk within tlicir limits, and to tax
ihiir loiiiis and issues, if sliochosi; to iuliiiit them:
anil in support of tlmt motion Mr. Uentou made
;liL» speech :

■The iimendm"nt offered hy the senator from
Alatunia [Mr. Moore] was declaratory of the
-..-Ills of tlio States, lx)t)i to refuse admission of
tiiisi' liranch banks into their limits, and to tax
ijitm, like other pro]H;rty, if admitted : if this
lUiKiiilnieiit was struck out, it was tantamount ,
tia U'dislativo declaration that no such ri);hts ;
txisteil, and wouhl operate as a confirmation of |
ihe (U'cision of the Supreme Court to that eflect. \
it U to no purpose to say that the rejection of ;
i:k' amendment will leave the charter silent upon |
ilie subject ; and the rights of the States whist- '
-ivir they may be, will remain in fuU force. ,
Tiiiit is the state of the cxi.sting charter. It
i< sknt upon the subject of Sttite taxation ;
and in that silence the Supreme Court has
.>[ioken, and nullified tlie rights of the States.
That court has decided that the Bank of the
liiited States is independent of State legislation !
coii>ei|uently, that she may send branches into
tlie States in defiance of their laws, and keep
tliera there without the payment of tax. This
ij tlic decision ; and the decision of the court is
;:ie law of the land ; so that, if no declaratory
I iause is pat into the charter, it cannot be said

I tiiat the new charter will be silent, as the old
Olio wus. The voice of the Supreme Cctrt is
noiv heard in that silence, proclaiming the su-
premacy of the bank, and the degradation of the
State.*! ; and, unless we interpose now to coun-
tervail that voice by a legislative declaration, it
will be impo.ssiblc for the States to resit it, ex-
cipt hy measures which no one wishes to con-

I template.

ilr. B. regretted that ho had not .seen in the

I papers any report of the argument of the senator
from Virginia [Mr. Tazewell] in vindication of
the right of the States to tax these branches.
it was an argument brief, powerful, and conclu-
sive—lucid as a sunbeam, direct as an arrow, and

1 mortal sm the stroke of fate to the adversary
speakers. Since the delivery of that argument,

I they hud sat in dumb show, silent as the grave,
laute as the dead, and presenting to our imagi-

mn the r«'nli/.:ition of the Abfie ."^ieyi'dV fj-
iii'ML^ coiiivption iif n dumb li'^iHlittnn-. IWft >rc
Ih^ .*<tat« s hurniiiliTeil n iMiriJnn of tlitir Mive-
rei;rnily to rnute this li'ilcnii uuvcriiiiiint, they
posM'ssed the unlimited power of iH.xiition; in
the act oi the surrender, whieh is the CMn-dtii-
tioti, they uliridp'<! this unliinitrrl rit.'ht lint in
two piirficulars— -»x|K»rts and imporl' — which
they ii^rreeil no lontrer to tux, and (herel'ure re-
tained tlie taxing.' jiower enlifi' over all oiln-r
subjects. This w m the siib^tame of the arnu-
imnt whiefi dumhf 'Uiided tliii adversary; and
the distinction wliieh was ntteinpletl to U- -et
Up lietweeii taii'.;il.!e and intimjiihle, visifile and
invisible, objects nf taxation •, between f'rani hi-
,ses and privile^'is on one side, and material suli-
stancvs on the otlier, was so eoinpleti ly bla>l-
ed and annihilated by one additional stroke of
lightning, that the fit hereof the distinction really
believed that they had never made it ! and snug
tlieir pul.iiodes in the face of the I louse.

"'fhe argument that these bmnehes are ne-
cessr.ry to enable the federal government to car-
ry on its fiscal o|x.'ratioiis, and, therefore, ought
to be independent of State legi.-lation. is an-
swered and expunged by a niiitter of fact, name-
ly, that Congress itself has determineil otliir-
wiso, and that in the very charter of the bunlw.
The charter limits the right of the fediiul gov-
ernment to the establishment of a single branch,
and that one in the District of Columbia! The
liranch at this place, and the pairnt bank at
Philadelphia, arc all that the federal government
has stipulated for. All beyond that, is lel'l to
the bank itself; to establish branches in the
States or not, as it suited its own interest ; or to
employ State banks, with the approbation of the
Secretary of the Treasury, to do the business of
the branches for the United States. Congress
is contented with State banks to do the business
of the branches in the States ; and, therefore, au-
thorizes the very case which gentlemen appre-
hend and so loudly deprecate, that New-York
may refuse her assent to the continuance of the
branches within her limit.s, and send the public
deposits to the State banks. This is what the
charter contemplates. Look at the charter ; see
the fourteenth article of the ons'itution of the
bank; it makes it optionary wi^i- ihe directors
of the bank to establish brar-^htT ii such States
as they shall think fit, with V.m alternative ^t
using State banks as their hub;*, itutcs in Statce
in which they do not choose to establish branch-
es. This brings the establishment of branches
to a private att'air, a mere question of profit and
loss to the bank itself; and cuts up by the roots
the whole argument of the necessity of the.se
branches to the fiscal operations of the federal
government. The establishment of branches in
the States is, then, a private concern, and presents
this question: Shall non-residents and aliens
— even alien enemies, for such they may be —
have a right to carry on the trade of banking
within the limits of the States, without their
consent, without liability to taxation, and with-

248

'j MI HIT YKARS' VIEW.

out Rmcniiliility tn StiAe l(<i'ii<latiitn 7 The ittir-
prslioii that the I'niti'il Sl.ih < nvvii^ i»n iiitrrcht
in tlii<* liaiik. is of no nvuil. If flic <>\\ ntij it nil.
it uixiM xtill Im- Hiilijcct t<> tiixatioii. jiki' till
clliir iiriipcrly in which hhc hnIiU iii the .StuttH.
'i'hc lii;>i|-t which kIic liinl ohtiiiiicd Irntu iiiill\ii|-
iiitlM ill r4:itir>ritctiiin nf'dclit-*. were all Niilijcct to ^
tuxiitiuii ; th(.- piililic liiml.t which f-hc luiil l>y
trr.iiit-i IcDiii tlic StittcH, or ihit'Ikiscm iVorii flll■ei^(n ]
iMiwcrn, M vi'c only fXcniptcil (Voiii taxutioii hy
virtue ()rcolii|i;ictH, anil the pauneiit of live per
ceiituni on the proceeils of tliu hulc* for thnt ex-
i'lKption," ]

The motion of Mr. Mobro was rojccted, ami
hy the ii.HUiil iiiiijority.

Mr. liuntoii then luorcl to ntriko out fo much
ot'the hill (iH (Tiive to Uie hunk cxchi.-ive jirivi-
lej;eB, and to insert a provision muking the j
ptockholders liahle for the dehts of tho institu-
tion ; and in siijpport of liis motion quoted the
case of the three Scottish banks which had no
exclusive jirivilepe, and in wliicli tho f tockhold-
firs were liable, and the superior excellenco of
which over the Hank of Kngland wa.s admitted
and declared by Enj^lish statcsuien. lie said:

"The three Scottish banks had lield each
other in check, had jirocceded moderately in all
their operations, conducted their business regu-
larly and prudently, and always kept themselves
in a condition to face their creditors ; wliilc the
sinjjle l']nf>;Iish bank, having no check frrmi rival
inatitutions, ran riot in the wantonness of its own
unbridled power, delujrfng tho country, when it
pleased, with paper, and filling it with speculation
and extra va;;ance ; drawing in again when it
pleased, and iilling it with bankruptcy and pau-
perism ; often transcending its limits, and twice
stopping payment, and once for a period of
twenty years. There can bo no question of the
incomparable superiority of the Scottish banking
system over the English banking system, even
in a monarchy ; and this has been officially an-
Mounceil to the Bank of England by the British
ministry, as far back as the year 182G, with the
authentic declaration that the English system
of banking must be assimilated to the Scottish
r-y stem, ami that her exclusive privilege could
never be renewed. This was done in a corre-
spondence between tho Earl of Liverpool, first
Lord of the Treasury, and Air. Robinson, Chan-
nellor of the Exchequer, on one side, and the
(iovernor and Deputy Governor of tho Bank of
England on the other. In their letter of the
I8th January, 1820, the two muiic^ers, adverting
,0 the fact of the stoppage of payment, and
-epeated convulsions of the Bank of England,
while the Scottish banks had been wholly free
from such calamities, declared their conviction
that there existed an unsound and delusive sys-
tem of banking in England, and a sound and
bolid system in Scotland! And they gave the

oflWnl MMimnrt'of (he U, ;' : rot •i\)fntii ti,n
neither llii* .Mnjtuty's mini v . ■, : or |.\rliiiiiHnt
woulil ever nunc to n-iu-w the ('hnrtrr<( i;-,,,
Kikiik of Kn)xlikiid with theirexchinive p.' 'il(.|^i
i;xelu*ive privilegcM. they fnid, wei • out offa,|,^
ion! .Nor ii it nrtewed to this day, thnini,
the charter In within nine uiuntliH of iii vxiii (.
turn!

"In the [liouliar oxrellencw of the S(( tf ,;,
pl:)ii, lies » few pi till iiiid obvious priiicihl,..
elo-cly relateil to n-puhlienn ideas, lirht. ,\ ,
exclusive privileges. .S'coiwlly. Thn e in.!,.
IR'Hileiit banks to ehetk and control each iiiIki-
and dillii-e their iK'iielits, instead of one {■, ,\,
as it plea.^ed, mid moiiopoli/.e thenioiieud [h.^v, ;
Thirdly. The liability of each HtockholiKr fir
the amount of his ftook, on tho fuihiie (,f th,
1 iiik to redeem its notes in specie. Fouttlil,.
The piiviiient of a niodeiate interest to (!(|i,„'i.
tors. Ipon tlicHe few plain principles, ii!| ,|
them founded in reimblican notions, ei|iml ii;;litv
anil eiiuiil justice, the Scottish banks liavi; n.].
vaiiced themselves to the first rank in Eiiriii,c.
have ecliiised the Bank of England, and cuu-kI
it to be condemned in its own country, aiwlliuvt
made themselves the model of all future liaiikini;
institution.^ '.n Great Britain. Ami now, i;
would be a curious political phenoineiioii, iir.il
might give ri.se to some interesting speculatidn-
on the advance of free principles in England, ainl
their decline in America, if tho Scottish repuli-
lican plan of banking should be rejected Imt,
while preferred there; and the British nioiiarciii,!!
plan, which is condemned there, should be ]i<.r-
pctuated here ! and this double incoiigniitv
committed without necessity, without e.\cu^i^
without giving the people time to consider, ami
to communicate their f-entiments to their cim-
stituent.'i, when there is four, if not six year.s. {nt
them to consider tho subject before final decisiou
is required ! "

The clause for continuing the exclusive pri-
vilege of the bank, was warmly contested in t!ie
Senate, and arguments against it drawn Ironitliu
nature of our government, as well as from tho
example of the British parliament, which Imii
granted tho monopoly to the Bank of England
in her previous charters, and denied it on tlic
last renewal. It owed its origin in England to
the high tory times of Queen Anne, and its ex-
tinction to tho liberal spirit of the prcseni
century. Mr. Benton was the chief speaker ou
this point ; and —

" Pointed out the clauses in the charter whidi
granted the exclusive privilege, and imposed the
restriction, which it was the object of his motion
to abolish ; and read a part of the 21st section,
which enacted that no other bank should be
established by any future law of the Unitwl
States, during the continuance of that charter,
and which pledged the faith of tho Fnitcd State:

tiralar set, and

ANNO :«::a. ANDIIKW JAfKSON', nU>II>KNT.

-MO

ob««<rTiincp cif the mnnnjKiIr thopphjr
iT'»U''l- "*' '^'*l ('■*' privili'i:!' of liiiiikiiit;, h.'n-

ih.'

I't'I' of lillliki

■.T»iil<''li »'i»* »n oxclimivi' privili't'iv n iiMiiio|i<>ly,
Mill »i> iiivaHion of the ri^lil* of nil fuiiin' Coii-
-^JM'K. n* Wfll a* of tln" ri^rlit* of nil ritir.i'nn
„l tlic I nioii, for tlin U'nii tli<' «lmit«T liml to
run. Atiil wlilrli iiiiKJit )>u ruii^iilcnMl |H'r|)i'tiinl ;
.* tliiM \vii« till' la^t titiir llmt tlio iH'<i|iii' Could
,vir iiinko hfiiil niruiii.'<t flu- ww |Miiitirnl powi-r
uliu'li rniKotl itKolf in tlic form of titu bank to
, vt rlmlnnri! evarv otlior powi-r in tho novini-
iiniit. Tills fXcltiKivi* priviU){0 in contniry to
tin. pi ;iiii« of our (t"Vt>rninriif, which in a p)V-
.niiiu'itt of cminl rijrht!*, nml not of oxclunivc
irivilc^'cf ; ami it is clearly uniiufhorizcil by the
iMiiHlitiition, which only ailniitH of exclusive
;,i;viU';:ii in two 8iiliti»ry, H|iicilleil cases, and
iu'li III' tlu'Ke founileil u|)oii ii natural ri^ht,
i!i.' cft-e of authors nnd Inventors j to whom
',iiij;ii'ss is authorized to pnint, for a limited
utiio. the exclusive privilege of K'llinjr their own
vritiiijrs and discovurieH. Hut in the case of
liiij charter there is nonntunil ri^'ht, and it may
l««e!li^aid there is no limited time; and the
iimnupoly is fur more glarinj^ and indefensible
imv tliiin when first granted ; for then the
cliutor was not Kranted to any particular t'ct
if individuals, Init lay open to all to KubscrilK;
1 1 it ; but now it is to be continued to a par-
ticiiliir set, and many of them foreipners, ami
all of whom, or their assignees, had already
injoyed the privilege for twenty 3ears. If this
oinpany succeeds now in getting their monopoly
continued for fifteen years, they will so intrench
themselves in wealth and power, that they will
lie enabled to perpetuate their charter, and
transmit it as a private inheritance to their pos-
t rity. Our government delights in rotation of
I tBce ; all officers, from the highest to the lowest.
are amenable to that principle ; no one is suilcreu
to remain in power thirty-five years ; and why
<hould one company have the command of the
moneyed power of America for that long period 1
Can it be the wish of any person to establish an
oligarchy with imbounded wealth and peqictual
ixistence, to lay the foundation for a nobility
lud monarchy in this America !

'"The restriction upon future Congresses is at
<var with every principle of constitutional right
and legislative equality. If the constitution has
iriven to one Congress the right to charter banks,
it has given it to every one. If this Congress
has a right to establish a bank, every other
Congress has. The* power to tie the hands of
our successors is nowhere given to us ; what
uc can do our successors can ; a legislative body
is always equal to itself. To make, and to
amend ; to do, and to undo ; is the prerogative
of each. But here the attempt is to do what wo
imrselves cannot amend — what our successors
cannot amend — and what our successors are
forbidden to imitate, or to do in any form. This
Fiiows the danger of assuming implied powers.
if the power to establish a national bank had
Wen expressly granted, then the exercise of that

powrr, hc\n7 oner etrrtnl, wnnM lx'rxh:>ii«ti'd,
ntii| no furtbir Ir^i'-lnlion wmiM niit.iin to hi'
iloiD' ; but (hi* |Mi\vrrii> now a>i-iiiiiril upon con
hlriictioii, afirr having Ik«'ti twii'i* niri'lrd. in
the roiivt'iilion wbii'h frnnu'd tin- r>iiiHii(uiion,
mid irt, tluTcfori'. without liiiiitatioii n^ lo uiiiiiImt
or rhariu'ttr. .Mr. Mmlison \Vii>i I'Xprts* in bit
o|iiiiioiiH in the u-ar 17WI. that, if tluTi' wii«'.iiv
bonk clmrteri'il. there ought to be mmtiiI ! Tin
gi'iiiim of the Kritiyh inoiiuri'liy, he Mii<l, faM>r\il
the coiiceiil ration of wialtli ami |><i\ver. Iti
America the genius of the govemmeMl rei|uirei|
the diiriiHion of wealth anil jiowi r. The cftnb-
lishment of branches did not cati^fy the prin
ciplo of ililfiiHion. Several inilejK'iuleiif l>;iiik.s
alone could do it. The bnindies, instead of leh-
scning the wealth and jiower of the oinvli' innti-
I tution, greatly increaced both, by givintr to t In-
great central parent bunk an or;:iini/aliiiu ami
j ramification which pervaded the whole I nioii.
I drawing wealth from every jiart, ami siilijirting
I every part to the operulions, political hihI |.e-
: ciiniary, of the central instil iition. Hut this
' restriction ties up the hands of Congrch^s (roin
! granting other charters. IJebave ain it inny —
j plunge into all elections — coiivuli^o the rnmitry
with expansions and contractions of jmiK r cur-
rency — fail in its ability to help llio iiieivlmnts
; to pay their bonds — stop payment, and leave the
governineiit no option but to receive it-^ dis-
I honored notes in revenue payments — nnd tstill
I it Would be H'curc of its monopoly ; the hands
of all future Congresses would be tied up ; iiiid
1 no rival or additional banks could be established,
to hold it in check, or to supply its place.
[ " Is this the Congn'ss to do these things ? Is
I this the Congress to impose ri'Ptrictions upon
; the power of their successors ? Is this tbi>
! Congress to tie the hands of all Congresses till
! the year 1851 ? In nine months this Congress
is defunct I A new and full representation of
the people will come into power. Thirty addi-
tional members will be in the House of Repre-
sentatives ; three millions of additional people
will be represented. The renewed charter is
not to take effect till three years after this full
representation is in power! And are we t-i
forestall and anticipate them ? Take their
proper business out of their hands — snatch the
sceptre of legislation from them — do nu act
which we cannot amend — which they cannot
amend — which is irrevocable and intangible ;
and, to crown this act of usurpation, deliberately
set about tying the hands, and imposing a re-
striction upon a Congress equal to us in consti-
tutional power, superior to us in representative
numbers, and better entitled to act upon the
subject, because the present charter is not to
expire, nor the new one to take effect, until
three years after the new Congress shall be in
power ! It is in vain to say that this reasoning
would apply to other legislative measures, and
require the postponement of the land bill una
the tariff bill. Both these bills require imme-
diate decision, and therein difier from the bank

'*:i-

i4^

250

THIRTY TEAllS- Virrw.

I ,

l)ill, wliich n'f|iiiriR no dicision for tliivc years , Island; N'auilain, of Delaware j Poindixttr <!
to con... I?ut the «)ill«;rence is greater stilf ; for Mississippi ; Pn-ntiss, of Vermont ; Kol.l.in," of
the landl.ill and turillbill are ordinary acts of ' „, , , , ,, , . ' , ,,i- '.'"'""• "'

kri.iation, o,K.n to amendinc- or r/peal, i,y j Khode Islan'l ; Robinson, of llhnoLs ; It,,.;-!,,

ourselvoi! and siicasKorrt ; hut i. chaiter is to . "' *^'"" ! Seymour,
he irrevDCulde, miamendal
(,'onj,'resse.s till the year

oi Vermont ; .Sil,),,^., „f
hie. hindinK upon all j Massacliusetts ; Smith (Gen. Samuel), of Man.

usurpation; and if |Hri)etn!te(i by CouKress, and rr .„,•„ „ en .• » -i.'

..r. ., I ,11 1' i- , ii \ lomlinson, of Connectjcut ; Wai'L'annn ,r

iilterwards arrested hy an Kxecutive veto, the I .. ' ..», .vui , ». up).,iiii.m, ^r

Tresident will beeoine the true representative of I I^u'**'"""^; Webster, of Massaehusetts ; aiW
the j>eo]ile, the faithful defender of their ri{,dit^, j Wilkiris, of Pennsylvania: 28. Nays: .^I^"^^l^,
and thedcnnderof theriphtsof thenewConjiress ■ Benton.of Missouri; Bibb, of Kentucky ; Uron-n'
which will assemble under the new census. L r \t„_»u n _„r n- i cv ^

" Mr. ]J. eonclu.le.1 bis remarks bv showiuR the \ ^f ^"""^^ <^^'^«''"-" ' D.ckcrson, of .New Jersey ;
orifrin. and also the extinction, of the doctrine j ^""'•'y) o' New-lork; Ellis, of Mississippi;
ill Enjrland. A tory parliament in the reign of j Forsyth, of Georgia; Grundy, of Tenncsscf
Queen Anne had first granted an exclusive privi- i Hayne, of South Carolina ; Hill, of New Ilami)-'

lege to the liank of England, and imposed a .,. „. ,, „» j„. . ... /. .■ .

restriction upun the right of future parliaments I f"^'' ' 1^'^"''' "^ "l'"°^5 ^^'"e, of Alaba-.n;
to establish i.i.other bank; and the ministry of j Mangum, of North Carolina; Marcy, cf New-

noxious clauses ; but now that they were con-
demned in England as too unjust and odious for
that inoiiar'^hiul country, they ought certainly
to be discarded in this republic, where equal
rights was the vital principle and ruling feature
of all our institutions. "

All the amendments proposed by the oppo-
nents of the bank being inexorably voted down,
after a debate which, with some cessations, con-
tinued from January to June, the final vote was
taken, several senators first taking occasion to
show they had no interest in the institution.
Mr. Benton had seen the names of some mem-
bers in the list of stockholders ; and early in
the debate had required tliat the rule of parlia-

of Tennessee : 20.

CH APT Ell LXVII.

DANK OF THE UNITKD STATES-BILL FOU TIIK
IlKNEWED CHARTEB PASSED IN TIIK HOUSE or
EErUESENTATIVES.

Thk bill which had pa.s.sod the Senate, after a
long and arduous contest, quickly passed tlie
House, with little or no contest at all, TLe
sest " \ was near its end ; members were wearied ;
the i-esult foreseen by every body — that tin;

inentary law should be read, which excludes the ■ bill would pass — the veto be applied — and tlw

interc.sled member from voting, and expunges
bis vote if he does, and his interest is afterwards
discovered. Mr. Didlas said that he had sold

whole question of charter or no charter go before
the people in the question of the presidential
election. Some attempts were made by the

\m stock in the institution as soon as it was adversaries of the bill to amend it, by offering
known that the question of the recharter would I amendments, similar to those which had been
come before him : Mr. Silsbee said that he had offered in the Senate ; but with the same result
disposed of his interest before the question came in one House as m the other. They were all
before Congress : Mr. Webster said that the in- j voted down by an inexorable majority ; and it
Bcrtion of his name in the list of stockholders was evident that the contest was politic.il, and
was a mistake in a clerk of the bank. The vote \ relied upon by one party to bring them into
was then taken on the passage of the bill, and !
stood : Yk.^s : Messrs. Bell, of New Hampshiro ;
Buckner. of Missouri ; Chambers, of Maryland ;

power; and deprecated by the other ns the
flagrant prostitution of a great moneyed corpo-
ration to partisan and election purposes. Thn
question was soon put ; and decided by the fol-

Clay, of Kentucky ; Clayton, of Delaware ; Dal

las of Pennsylvania ; Ewing, of Ohio ; Foot, of j lowing votes :

Connecticut; Fielinghuy.sen, of New Jersey;, yEAS.-Messrs. Adams, C. Allan, H. Allen

Hendricks, of Indiana; Holmes, of Maine; Jo- ^ Allison. Appleton, Armstrong, Arnold, Ashley'

fiiahS. J^ tmstou. of Louisiana; Knight, of Bhode j Babcock, Bonks, U. Barber, J. S. Barbour, Bai>

AXXO 1831 ANDREW JACK.SOX. n;iSII>ENT.

251

nnser. Bi»r.«tow' I. C. Baton, Bripffs, Burher,
lliillanl. lluni, IJiirp'-i. ("hoate, ('ollkr, 1.. Con-
,iii-t, S. ("oii'lit, K. Cooke, B. Cooke. Cooikt,
C'rwiii. Coulter. Craip. Crane. Crawford. Cn'ijih-
if,n. I>aniel, J. Davis, Dearborn, Denny. Dewai t,
ItixlilriilKO. Drayton. Ellsworth, (I. Evans, J.
V.vans. E. Everett. H. Everett, Ford, Gilmorc,
iirenncll. Hodges, Heister. Horn, lluphes, Hunt-
I ;;;tun. Ihrie, Injtersoll, Irvin, Isacks, Jenifer,
Kemlii'.l. II. Kinp, Kerr, Letcher, Mann, Marshall,
Maxwell. McCoy, McDnffie, McKennan, Mercer,
Milliiran, Newton, Pearce, Pendleton, Pitcher,
i'.itts, Randolph, .). Reed. Root, Riissel, Semines,
W. B. Shepard, A. II. Snepperd, Slade. Smith,
Southard, Spence, Stanberry, Stephen.^, Stewart,
HOTTS, Sutherland, Taylor, P. Thomas, Tomp-
^,^.5 Tracy, Vance, Verplanck, Vinton, Washing-
tm AViitmoujrh, E. Whittlesey, F. AVhittlesey,
I n. AVhite, Wickliffe, Williain«, Younp.— loV..
Xav?. — Messrs. Adair, Alexander, Anderson,
Aalier, J. Bates, Beardsley, Bel!, Berpen. Be-
thmie, Jumus Blair, John Blair, Bouck, Bouldin,
Branch, Cambieleng, Carr, Chandler, Chinn,
Claiborne, Clay, Clayton, Coke, Conner, W. R.
IImIs, Dayan, Doubleday, Felder, Fitzp-erald,
Foster, Gaithcr, Gordon, Griffin, T. II. Ilall.W.
Hill, llammons, Harper, Hawea, Hawkins, Ilolf-
inan, llopan, Holland, Howard, Hubbard, Jarvia,
Cave Johnson. Kavanagh, Kennon, A. King, J.
Kinj:, Lamar, Leavitt, Lecompte, Lewi.s, Lyon,
Man'iis, Mason, McCarty, Mclntire, INIcKay,
Mikhell, Newnan, Nuckolls, Patton, Pierson,
Polk, E. C. Reed, Rencher, Roane, Soule, Speight,
.<tan(iifcr, F. Thomas, W. Thomp.son, J. Thora-
I ton. Ward, Wardwell. Wayne, AVeeks, Wheeler,
r, r. White, Wilde, Worthington.— 84.

CHAPTER LXVIII.

THE VETO.

The act which had passed the two Houses for

tic renewal of the bank charter, wa's presented

to the President on the 4th day of July, and

I rctunicd by him to the House in which it ori-

:inatci1, on the 10th, with his objections. Iliy

llirst objection was to the exclusive privileges

I ffhicii it granted to corporators who had already

I enjoyed them, the great value of these privileges,

land tlio inadequacy of the sum to be paid for

I them. He said:

" Every monopoly, and all exclusive privileges,
Im'irrantod at the expen.se of tlie public, which
1' '!!:ht. to receive a fair equivalent. The many
jtrallinns which this act proposes to bestow on
Itlii' stookhoIder.'H of the existing bank, must come
liifectly or indirectly out of the earnings of the

American people. It is due fo thcni, t^uriPiro.
if their governiiit-Mf sell inonopulic.. au'l i'\i'lii»i\«
jirivileges, that they slumld nt li;ist I'xait f^r
them as much as they arc wm-th in<ii"'ii niarkit.
The value of the inonfipoly in this ciiM- imy ln<
correctly a-sriTtained. The twciity-eiplit inilliium
offtock woulil probaMy be nt nn ailvanee <>{
fifty per cent., and command, iti niaikit, at least
forty-two millions of dollars, subject to the i>ay-
ment of the j)resent loans. The present value
of the monopoly, therefore, is .seventeen millions
of dollars, and tliis the act pnipo.-os to sill for
three millions, payable in iil'teen aiiiuial instal-
ments of li$20<»,i KM > e.ich.

'' It is not conceivable how the present stock-
holders can h.ive any claim to the siK'cial favor
<if the government. The present corporation
has enjoyed its monopoly during the period
stipulated in the original contract. If we must
have such a corporation, why should not the
government sell out the whole stock, and thus
secure to the people the full market value of
the privileges granted I Why should not Con-
gress create and sell the twenty-eight millions
of stock, incorporating the pureha.«ers with all
the powers and privileges secured in this act,
and putting the premium upon the sales into tlie
treasury ?

" But this act does not permit competition in
the purchase of this monopoly. It sceins to bo
predicated on the erroneous idea that the present
stockholders have a prescriptive right, not only
to the favor, but to the bounty of the govern-
ment. It appears that more than a fourth jiart
of the stock is held by foreigners, and the residue
is held by a few humlred of our citizens, chiefly
of the richest ck.ss. For their benefit does this
act exclude the whole American people from
competiticm in the purchase of this monopoly,
and dispose of it for many millions less than it
is worth. This seems the less excusable, because
some of our citizens, not now stockholders, peti-
tioned that the door of competition might be
oi)ened, and offered to take a charter oii terms
much more fvvorable to the government and
country.

" But this proposition, althotigh made by men
whose aggregate wealth is believed to be ei]ual
to all the private stock in the existing bank, has
been set aside, and the bounty of our govern-
ment is propo.sed to bo again 'bestowed on the
few v;ho have been fortunate enough to secure
the stock, pnd at this moment w ield the power
of ihe existing institution. I cannot perceive
the justice or policy of this course. If otir gov-
ernment must sell monopolies, it would seem
to be its duty to take nothing less than their
full value ; and if gratuities must be made once
in fifteen or twenty years, let them not bo
bestowed on the subjects of a foreign govern-
ment, nor upon a designated or favored class of
men in our own country. It is Init justice and
! good policy, as far as the nature of the case will
! admit, to confine oui favors to our own fellow-
I citizens, and let each in his turn enjoy nn oppor

ir VIA

252

THIRTY YE Alls' VIF.W.

tnnity to profit liy our Ixmnt}-. Tn the l)earin/rs \
of tlie act liffdic mo ujion tlwse jxiints, I find |
ariii)lu rt-a.-driH why it should not hecome u law." ,

Tho Prpsitk'ntolijwtctl to the constitutionality !
of the hank, and argued against the force of pre- i
cedents in this case, and against the ajjplicabii-
ity and the decision of the Supremo Court in its
favor. That decision was in tho ca.se of the
Maryland branch, and sustained it upon an argu-
ment which carries error, in point of fact, upon
its face. The ground of the decision was, that
the bank was " necessary " to the successful c^n-
duct'ng of the " fiscal oix;rations " of the govern-
ment ; and tliat Congicss was the judge of that
necessity. Upon this ground tlie ]\Iaryland
branch, and every branch except the one in the
District of Columbia, was without the constitu-
tional warrant which the court required. Con-
gress had given no jiidgment in favor of its
necessity — bu* the contrary — a judgment
against it : for after providing for the mother
bank at Philadelphia, and one branch at AYash-
ington City, the establishment of all other
branches was referred to the jiidgment of the
bank itsc'f, or to circumstances over which Con-
sress had no control, as the request of a State
legislature founded upon a subscription of 2000
ehares within the State — Avith a dispensation in
favur of substituting local banks in places where
the Secretary of the Treasury, and the directors
of the national bank should agree. All this wrs
contained in the fourteenth fundamental artic e
of the constitution of the corporation — which
Kays:

" The directors of gaid corporation shall es-
tablish a competent oHice of discount and deposit
in the District of Columbia, whenever any law of
tho United States shall require such an establish-
ment : also one such office of discount and de-
posit in any State in which two thousand shares
shall have been subscribed or may be held, when-
ever, upon application of tlio legislature of such
State, Congress may, by law, require tho same :
Prodded, tho directors aforesaid shall not be
bound to establish such office before the whole of
the capital of the bank shall be paid up. And it
shall bo lawful for the directors of the corpora-
tion to establish offices of discount and deposit
where they think lit, within the United States
or tho territories thereof, and tc commit the
management of the said, and the business thereof,
respectively to such persons, and under such re
gulations, as they shall deem proper, not beiiig
contrary to the laws or the constitution of the
bunk. Or, instead of establishing such offices,
•t shall bo lawful (or the directors of the said

corponition, from time to time, to emi.lov jd I
other bank or banks, to be lirst approvwibvil I
Secretary of the Treasury, at any place or plar^ij I
that they may deem safe and proper, to niaii.Tv
and transact the business proposed afonstiK'
other than f(jr the purposes of discount • to C
managed and transacted by such offices,' und, ,
such agreements, and subject to such regulation
as they shall deem just and proper."

TliPKc arc the words of the fourteenth fund-.
mental article of the constitution of the bank, and
the conduct of the corporation in establLshin" its
branches was In accordance with this article
They placed them where they pleased— at fii>t
governed wholly by the question of profit and
loss to itself — afterwards, and when it wa.s fi^
that the renewed charter was to bo resfTstod Iv
the members from some States, governed by tlw
political consideration of creating an interest to
defeat the election, or control the action of th'
dissenting members. Thus it was in my own
case. A branch in St. Louis was refused to tho
application of the business community — establish-
ed afterwards to govern me. And thus, it is seen
the Supreme Court was in error — that the JudT-
ment of Congress in favor of the "necessity" of
branches only extended to one in the District of
Columbia ; and as for the bank itself, the argument
in its favor and upon which the Supreme Court
made its decision, was an argument which made
the constitutionality of a measure dependent, not
upon the words of the constitution, but upon
the opinion of Congress for the time being upon
the question of the " necessity " of a particular
measure — a question subject to receive different
decisions from Congress at different times -
which actually received different decisions in
1791, 1811, and 181G: and, we may now adJ
the decision of experience since 183C— durins;
which term we have had no national bank;
and the fiscal business of the government, :«
well as the commercial and trading bi siness of
the country, has been carried on with a degree of
success never equalled in the time of the exist
ence of the national bank. I, therefore, believi
that the President was well warranted in chal
longing both tho validity of the decision of tiiii|
Supreme Court, and tlie obligatory force of pn
cedents : which he did, as follows :

" It is maintained by the advocates of tl.e|
bank, that its constitutionality, in all its fin
tares, ought to be considere<l as settled by pw-l
cedent, and by the decision of the Supremi|

ANNO ISlli ANDIIKW JArKSt>N, I'lU^lDKNT.

253

Conrt To this conclusion I cannot assent.
More precedence i? a danpcrous nource of au-
ihoritv, and should not be regarded as decidinf^
rtiiestions of constitutional power, except where
the acquiescenco of the jjeoplo and the States
i:in Ik; connidercd as well settlctl. So far from
ihij being the caiHJ on this subject, an arjruinent
i.rainft the hank niipht be based on precedent.
Hue Congress, in 17U1, decided in favor of a
ink ; another, in 1811, decided against it. One
( iiiTi'^s, ii" 1815, decided against a bank ; an-
thiT, in 18lt), dcciiled in its favor. Prior to
,lie present Congress, therefore, the precedents
,i;-ann from that source were equal. If we re-
.,,rl to the States, the expressions of legi.slativc,
iliciiil. and executive opinions against the bank
have been, probably, to those in its favor, a? four
1 1 one. There is nothing in precedent, there-
t ne, which, if its authority were admitted, ought
J I weigh in favor of the act before me.

•If the opinion of the Supreme Court covered
the whole ground of this act, it ought not to
iviiti'ol the co-ordinate authorities of this gov-
ernment. The Congress, the Executive, and the
court, must each for itself be guided by its own
opinion of the constitution. Each public officer
who takes an oath to support the constitution,
ittoars that he will support it as he understands
it, and not as it is understood by others. It is
;is mucli the duty of the House of Representa-
tives, of the Senate, and of the President, to
iJtcide upon the constitutionality of any bill or
r.aolution which may be presented to them for
|!ajsa;re or approval, as it is of the supreme
jiJges, when it may be brought before them
i'jr judicial decision. The opinion of the judges
his no more authority over Congress than the
iiMinion of Congress has over the judges; and
nil tliat point the President is independent of
Letli. The authority of the Supreme Court must
u.it, therefore, be permitted to control the Con-
■:KiB, or the Executive, when acting in their
liwlative capacities, but to have only such in-
' Uaeucc as the force of their reasonuig may de-
M'rve.

"But in the case relied upon, the Supreme
Ciiurt have not decided that all the features of
tills corporation are compatible with the consti-
tilion. It is true that the court h;:ve said that
the law incorporating the bank is a constitution-
,'le.vercisc of power by Congress. But taking
i ito view the whole opinion of the court, and
tiie rea.soning by which they have come to tliat
cmdusion, I understand them to haVe decided
that, inasmuch as a bank is an appropriate
means for carrying into elfect the enumerated
iwffc'is of the general government, therefore the
law incorporating it is in accordance with thnt
invision of the constitnlion whicli declares that
t.'onpress shall have power ' to make all laws
HJiicii shall be necessary and proper for carrying
those powers into execution.' Having satisfied
ihemselves that the word 'necessary,' in the
con.stitiition, means 'needful,' ' requisite," essen-
u»l,' • conducive to/ and tliat ' a bank ' is a con-

vcnwnt, a useful, and essential iiistninient in tlio
pro.sccution of the goveriiiiu'iit's • fiscal (i|)«r.i-
tions,' they conclude that to MLto one must be
within the discretion of Concivss ; ' and tliut
'the act to incori)orate tiie Bank ol the Inittii
.States, is a law made in pursuance of the consti-
tution.' ' But,' say they, • where the law is not
prohibited, and is re'ally calculate<l toetfoct any
of the objects intrusted to the government, to
undertake here to inquire* into the degree of its
necessity, would Iw to piuss the line which cir-
cumscribes the judicial department, and to tread
on legislative ground.'

''The principle, hero affirmed, is, tliat the 'de-
gree of its neeis.sity,' involving all the details of a
banking institution, is a question exclusively for
legislative consitkration. A bank is constitu-
tional ; but it is the province of the legislature
to determine whether this or that particul.ir
|)Owtr, privilege, or exemjition, is * necessary and
proper' to enable the bank to discharge its du-
ties to the government ; and from their decision
there is no appeal to the courts of justice. Un-
der the decision of the Supreme Court, therefore,
it is the exclusive province of Congiv.-^s and
the President to decide whether the iiarlicular
features of this act are 'neces.sary and jiroper,'
in order tc enable the bank to perronn, conveni-
ently and efficiently, the public duties assis;ned
to it as a fiscal agent, and therefore constitution-
al ; or unnecessary and im})roper, and therefore
unconstitutional."

With regard to the misconduct of the institu-
tion, both in conducting its business and in re-
sisting investigation, the message spoke the gen-
eral sentiment of the disinterested country when
it said :

"Suspicions are r ^ rtaincd, and charges are
made, of gross abuses and violations o.' its cliarter.
An investigation unniJIin.irly conceded, and so
restricted in time as necessarily to infike it in-
complete and unsatisfactory, tlisclo.ses enough to
excite su.'spi "r and alarm. In the ju-actices of
the principal bank, partially unveileil in the ab-
sence of important witnesses, and in nunerous
charges confidently n'ade, and .is yet wholly
uninvestigaU il, there was enough to induce a
majority of the committee of investigation, a
committee vhich was sekotijil from the most
able and honorable members of the House of
Representatives, to recommend a suspension of
further action upon the bill, and a prosecution
, of the inquiry. As the charter bad vet four
I years to run, ami as a reniewal ni>w was not ne-
I cessary lo the .successful prosecution of its busi-
ness, it was to have been expected that the bank
, itself, conscious of its jmrity, and proud of its
I character, would have withdrawn its application
j for the present, and demanded the severest scru-
I tiny into all its transactions. In tlKinlcclining
' to do .so, there seems to be an additional reason
, why the functionaries of the government should

■J ■".'

254

THIRTY YEARS' VIEW

prrxsced with less haste, nnd more caution, in
tho renewal of their mom){K)ly."

The apfwarancc of tho veto nu'ssaj»o was tho
pignal for the delivery of the preat .«peecho8 of
the advocates of the bank. Thus far they had
held back, refraining from general debate, and
limiting themselves to brief answers to current
objections. Now they came forth in all their
strength, in speeches elaborate and studied, and
covering the whole ground of constitutionality
and expediency; and delivered with unusual
warmth and vehemence. Mr. Webster, Mr.
Clay, Mr. Clayton of Delaware, and Mr. Ewing
of Ohio, thus entered the lists for the bank.
And why these speeches, at this time, when it
was certain that speaking would have no efl'ect
ill c.orccming the veto — that tho constitutional
majority of two thirds of eacli House to carry it,
so far from being attainable, would but little
exceed a bare majority { The reason was told
by the speakers themselves — fully told, as an
appeal to the people — as a transfer of the ques-
tion to the political arena — to the election fields,
and especially to the presidential election, then
i:npending, and within four months of its con-
summation — and a refusal on the part of the
corporation to submit to the decision of the con-
stituted authorities. This was plainly toid by
Jlr. Webster in tho opening of his argument ;
frightful distress was predicted : and tlie change
of tho chief magistrate was presented as the
only means of averting an immense calamity on
one hand, or of securing an immense benefit on
the other. He said :

"It is now certain that, without a change in
our public councils, this bank will not be con-
tinued, nor will any other be established, which,
according to the gene-al sense and language of
mankind, can be entitled to the name. In three
years and nine months from the present mo-
ment, the charter of the bank expires; within
that period, therefore, it must wind up its con-
L'orns. It must call in its debts, withdraw its
bills from circulation, and cease from all its or-
dinary operations. All this is to be dono in
three years and nine months ; because, although
there is a provision in the charter rendering it
lawful to use the corporate name for two years
after the expiiation of the charter, j'et this is
allowed only for 0.^ purpoi-' of suits, ahd for
the sal(^ of the est.'^'ii) Irlonging to the bank, and
for no other purpose whatever. The whole ac-
tive business of the bank, its custody of pub-
lic deposits, its transfers of pubhc moneys, its
dealing in exchange, all its loans and discounts,
and all its issues of bills for circulation, must

ceace and d' Ermine on or before the 3(1 day „f i
March, 183t); and, within tho same period' it,
debts niuBt lie collected, as no new contract can
be made with it, a.s a corporation, for the re-
newal of loans, or discount of notes or bilU
after that time."

Mr. Senator White of Tennessee, seizinj; up< i
this open entrance into tho political aixiu hv
the bank, thanked Mr. Webster for his camlni
and summoned the people to the combat of die j
great moneyed power, now openly at Ihe ht.il
of a great political party, and carrying tho f.,:-
tunes of that party in the question of its ouu j
continued existence. He said :

" I thank the senatov for the candid avowal
that unless the President will sign such a char
ter as will suit tho directors, they intend to in-
terfere in the election, and endeavor to displac-
him. With the same candor I state that, altir |
this declaration, this charter shall never U- n-
newcd with my consent.

"Let us look at this .'natter as it is. Immcdi
ately before the election, the directors apply far |
a charter, which they think the President at
any other time will not sign, for the expre><
purpose of compelling him to sign contnirv ii j
his judgment, or of encountering all their iim.
tility in the canvass, and at tho polls. SiippoH'
this attempt to have succeeded, and the President.
through fear of his election, had signed this char- j
ter, although he conscientiously belie\'es it will I
be destructive of the liberty of the people wlw
have elected him to preside over them, and pre-
serve their liberties, so far as in his powir,
What next? Why, whenever the charter \i
likely to expire hereafter, thej' will come, as
they do now, on the eve of the election, and I
compel the chief magistrate to sign such a charter j
as they may dictate, on pain of being turned out
and disgraced. Would it not be far better to
gratify this moneyed aristocracj', to the whole
extent at once, and renew their charter for over >
The temptation to a periodical interference in j
our elections would then be taken away.

" Sir, if, under these cirumstances, the cliartcr I
is renewed, the elective franchise is destroyed, and |
tiie liberties and prosperity of the people are
delivered over to this moneyed institution, to 1 o
disposed of at their discretion. Agf.insi this 1
enter my solemn protest."

The distress to be b'-ought upon the country 1
by the sudden winding up of the bank; the ml- j
den calling in of all its debts, the sudden with-
drawal of all its capital, was pathetically dwelt j
upon by all the speakers, and the alarming pic-
ture thus presented by Mr. Clayton :

" I ask. wlnt is to be done for the country 1 1
All thinking men must now admit that, .as the
present bank must close its concerns in less thia |

invn case, and wai

ANNO 1831 \NDRF,\V JArKSOX. rREPIDENT.

255

alarminsr pit-

f.iiryf'ars, the pecuniary dUtrcsM, the commer- I
ri:il finbarrassinents. consequent upon its de- '
tiriirtion, m'sst excoed any thing wliich has ever {
!,oii knmvn in our hi.story, unless some oth^r j
;.,iik call Ix; eitablifihed vo ixliuve us. Eiglit
ill a half millions of the hank capital, bclonj;-
i ,;; to foreipners, must Iw drawn from us to
Eiiroiw. Seven millions of the capital must be
laiil to t'lc governmont. not to be loaned apiin,
hilt to remain, as the President projK)ses, do-
jiosited in a branch of the trea-xurj', to check the
•s.-iics of the local banks. The immense avail-
aljle rcsoui ses of the pre sen t institution, amount-
ini, as appears by the report in the other House,
'.0 .582,057,483, are to Ik! used for banking no
longer, and nearly fifty millions of dollars in
adtos discounted, on personal and other security.
uuist IxJ paid to the bank. The State banks
iiust pay over all their debts to the expiring in-
Piitution, and curtail their discounts to do so,
or resort, for the relief of their debtors, to the
olil plan of emitting more paper, to be bought
up by speculators at a heavy discount."

This was an alarming picture to present, and
ffpccially as the corporation had it in its power
to create the distress which it foretold — a con-
summation frightfully realized three years later
—but a picture equally unjustifiable and gratu-
itous. Two years was the extent of the time,
ifter the expiration of its charter, that the cor-
poration had accepted in its charter for winding
up itfl business ; and there were now four years
to run before these two years would oommence.
The section 21, of the charter, provided for the
contingency thus :

'• And notwithstanding the expiration of the
term for which the said corporation is created,
it I'hall be lawful to use the coporate name, style
and capacity, for the purpose of suits for the
linal settlement and liquidation of the affairs
and accounts of the corporation, and for the sale
and disposition of their estate real, personal and
iiiixod : but not for any other purpose, or in any
titlier manner whatever, nor for a period exceeding
two years after the expiration of said term of
incorporation."

Besides the two years given to the institution
after the expiration of its charter, it was perfect-
ly well known, ana has since been done in its
own case, and was done by the firist national
bank, and iray bo by any expiring corporation,
that the directors may appoint tnistees to wind
up their concerns ; and who will not be subject
to any limited time. The first national bank —
t!iat which was created in 1791, .ind expired in
i>ll— li.id no two years, or any time whatever,
cHjwcdfor winding up its affairs aftet the expira-

tion of its charter — and the question of the re-
newal was not decided until within tli- la.-t days
of the existence of its charter — yit then'
wjw no disii-esH, and no pivfcure ujKin its dibt-
ors. A trust was created; and the ciiUectioii
of (Jebts conducted so gently that it is not yt t
finished. The trustees are «till at work: and
within this year, and whilnthis application for a
renewed charter to th« second bank is going on.
they announce a dividend oi 8onie cents on tlu!
share out of the last animal colk-ctitms ; aii<l in-
timate no time within which they will finish ;
so that thir. menace of distress from the second
bank, if denied a renewal four years before the
expiration of its charter, and four years before
the commencement of the two years to which it is
entitled, was entirely gratuitous, and would have
been wicked if executed.

Jlr. Clay concluded the debate on the side of
the bank application, and spoke with great ar-
dor and vehemence, and with much latitude of
style and topic — though as a rival candidate for
the Presidency, it was co.isidered by some, that a
greater degree of reserve might have been com-
mendable. The veto, and its imputed i.ndue
exercise, was the theme of his vehement decla-
mation. Bciides discrediting its use, and de-
nouncing it as of monarchial origin, he alluded to
the popular odium brought upon Louis the lOth
by its exercise, and the nickname which it caused
to be fastened upon him. He said :

" The veto is hardly reconcilable with the
genius of representative government. It is to
tally irreconcilable with it, if it is to be fre-
quently employed in respect to the expediency
of mea.sures, as well as their constitutionality.
It is a feature of our government borrowed from
a prerogative of the British King. And it is re-
markable that in England it has grown obsolete,
not having been used for upwards of a century.
At the commencement of the French Revolution,
in discussing the principles of their constitution,
in the national convention, thi; veto held a con-
spicuous figure The gay, laughing poj)ulation
of Paris besto»cd on the King the appellation of
Monsieur Veto, and on the Queen th,. : f .Madame
Veto."

Mr. Benton saw the advantage which this de-
nunciation and allusion presented, and made re-
lentless use of it. He first vindicated the u.«r-
and origin of the veto, as derived from the insti-
tution of the tribunes of the people among the
Romans, and its exercise always intended for the
benefit of the people ; and, under our constitu-

«■■«;■

■ i 4
ft;-

256

TIIMITY YKARS' VIKU'.

tion, its only effect to nfur a ineaKtiro to the
fK!opli', for tilt ir conHidcrat'iKn, ami to stay itH
execution until llie iH'oplecould pnftHupon it, and
to adopt or reject it at an ensiiinj^ Congress. It
was a power eminently just and proper in a re-
presentnlivf,' povemment, and intended for the
benefit of the whole jK-'oplc ; and, therefore,
placed in the hands of the magistrate elected by
the whole. On the allusion to the nickname on
the King and Queen of France, he said :

'• He not only recollected the historical inci-
dent to which the senator from Kentucky had
alluded, but al.<o the character of the decrees to
whicli th'! imfortunato IjOuIs the Ifitli had affixed
his vetoes. One was the decree against the emi-
grants, dooming to death and confiscation of
estate every man, woman, and child who .should
attempt to save their lives by flying from the
pike, the guillotine, and the lamp-post. The other
was a decree ex[iosing to death the ministers of
religion who could not take an oath which their
consciences repulsed. To save tottering age,
trembling mothers, and affrighted children from
'.nassacre — to save the temples and altars of God
iVom being stained by the blood of his minis-
ters — were the sacred objects of those vetoes ;
and was there an.y thing to justify a light or re-
proachful allusion to them in the American
Senate ? The King put his constitutional vetoes
to these decrees ; and the canaille of Saint An-
toine and JIarceau — not the gay and laughing
Parisians, but the bloody canaille, instigated
by leader.s more ferociouH than themselves — be-
giin to salute the King as Monsieur Veto, and
demand his head for the guillotine. And the
Queen, when seen at the windows of her prison,
her locks pale with premature white, the effect
of an agonized mind at the ruin she witnessed,
the poissardes saluted her also as Madame
A^eto ; and the Dauphin came in for the epithet
of the Little Veto. All this was terrible in
France, and in the disorders of a revolution ; but
why revive their remembrance in this Congress,
successor to those which were accustomed to
call this king our great ally ? and to compliment
him on the birth of that child, stigmatized le petit
veto, and perishing prematurely under the inhu-
manities of the convention inflicted by the hand
of Simon, the jailer ? The two elder vetoes,
Monsieur and Madame, came to the guillotine in
Paris, and the young one to a deatli, compared
to which the guillotine was mercy. And now.
why this allusion ? what application of its moral 1
Surely it is not pointless ; not devoid of meaning
and practic.ll application. AVe have no bloody
guillotines here, but we have political ones:
sharp axes falling from high, and cutting off
political heads ! Is the service of that axe in-
voked here upon ' General Andrew Veto ?' If
so, and the invocation should be successful, then
Andrew Jackson, like Louis ICth, will cease to
bo in any body's way in their march to power."

Mr. Clay also introduced a fable, not t.VM'n I

from J^Bop — that (A' tl:e cat and the oa;;le ih,,

moral of which was attempted to ho turn,
against him. It was in allusion to tliu I'n.. I
dent's message in relation to the bank. qikI t ,.•
conduct of his friends since in ''attackiiif" i>
institution ; and said :

" They have done so ; and their condition now [
reminds me of the fable invented by Dr. rranl;.
lin, of the Eagle and the Cat, to demonstrate
that ilisop had not exhausted invention, in tin
construction of his memorable fables. Tln' tai
glc, you know, Mr. President, pounced, fiuia In.
lofty flight in the air, upon a cat, takinjr it t/
be a pig. Having borne off his prize, he quick- 1
ly felt most painfully the claws of the cat thrust |
<lecply into his sides and body. Whilst fiyint:,
he held a parley with the supposed pi|.', nn'il
proposed to i;t '/o his hold, if the other won!,! I
let him alone. No, saj-s puss, you broiiplit incj
from yonder earth below, and I will h«\(\ fa>t|
to you until you carry w.: back ; a condition t)!
which the eagle readily as.sented."

Mr. Benton gave a poetical commencement tu|
this fable ; txnd said :

" An eagle towering In hi.s pride of lieic;ht|
was — not by a mousing owl, but by a pig undorl
a jimpson weed — not hawked and killed, biitl
caught and whipt. The opening he thoiiirLtj
grand 5 the conclusion rather bathotic. The I
mistake of the sharp-eyed bird of Jove. lio|
thought might be attributed to old njre dim-
ming the sight, and to his neglect of his spectnl
cles that morning. He was rather surprised ntl
the whim of the cat in not choosing to fall. Ha-f
ing that a cat (unlike a politician Bometime-)
always falls on its legs ; but concluded it was ni
piece of pride in puss, and a wish to assiniilatol
itself still closer to an aeronaut; and having {roiiul
up pendant to a balloon, it would come do\v!i|
artistically, with a parachute spread over its
head. It was a pretty fable, and well told ; biitl
the moral — the application ? iEsop always liadl
a moral to his fable ; and Dr. Franklin, his im-j
puted continuator in this particular, tlioniilil
not yet the rival of his master in fi\bulous ieini-[
t tion, yet had a large sprinkling of practical
..■nse; and never wrote or spoke wltliout al
point and an application. And now, what iJ
the point here ? And the senator from Ken-j
tucky has not left that to be inferred ; he iiasj
told it himself. General Jackson is thecap:le;|
the bank is the cat ; the parley is the propo.^.r
tion of the bank to the President to sipi itsl
charter, and it will support him for the presi^
dency — if not, will kien his claws stuck in l;i
sides. But, Jackson, dill'erent from the cijl
with his cat, will have no compromise, or KirJ
gain with the bank. One or the other fliall|
fall ! and be dashed into atoms !

" Having ili.-po.sed of these preliminary topiciij

ANNO 183-2. ANr)];EW JACKSOX. Ii:i>;il)KNT.

2.->7

menccmenttiJ

mklin, his ini-

;,lr, B. came to tho matter in hand — the debate
fn till' bank, which liad oidy cotniiifnctd on the
,„|e of the friends of that inKtitntion piiico the
rftiirn of the vetrt mossape. Why dehate the
lank queRtion now. he exclaimed, and not de-
late it before ? Then wa.^ tlie time to make
^■,i:ivcrt8 ; now, none can Imj expected. Why
in' li|H unsealed now, which were silent as the
;rave when thi.-i act wa.s on its passajic throiiph
liu' .Senate ? The ,<enatf)r from Kentucky hini-
^.If. at tiie end of one of his nunierou.s jierora-
tijim, declared that lie expected to make no
cmivurt.s. Then, why speak three hours 7 and
utiier gentlemen sjieak a whole day ? AVhy
[\{\f post fuclo— post Diortem — this yosUunnoiis
-(leoatc ? — The deed i.s done. The bank bill
is finished. Speaking cannot change the minds
of senators, and make them reverse their votes ;
iiill less can it change the President, and make
him recall his veto. Then why speak? To
whom do they speak ? With what object do
they speak ? Sir ! exclaimed Mr. B., this -post
(ado debate i.s not for the Senate, nor the Pres-
iJent, nor to alter the fate of the bank bill. It is
10 rouse the oificers of the bank — to direct the ef-
firtsof its mercenaries in their designs upon the
people— to bring out its stream of corrupting influ-
ince, by inspiring hope, and to embody all its re-
cruits at the polls to vote against President Jack-
son. Without an avowal we would all know
this ; but we have not been left without an
1 ivowal. . Tho senator from Massachusetts (Mr.
Webster), who opened yesterday, commenced

I speech with showing that Jackson must be
put down ; that he stood as an impassable bar-
rier between the bank and a ncv/ charter ; and
that the road to success was through the ballot
tees at the presidential election. The object
of this debate is then known, confessed, declared,
avowed; the bank is in the field; enlisted for
the war ; a battering ram — the calapuUa, not
of the Romans, but of the National Republicans ;
Dot to beat down the walls of hostile cities, but
to beat down the citadel of American liberty ;
to batter down the rights of the jieople ; to de-
stroy a hero and patriot ; to command tlie elec-
tions, and to elect a Bank President by dint of
I lank power.

"Tlic bank is in the field (.said Mr. B.), a com-
I liatant, and a fearful and tremendous one, in the
presidential election. If she succeeds, tliere is
an end of American liberty — an end of the re-
pablic. The forms of election may be permitted
for a while, as the forms of the consular elec-
tions were permitted in Rome, during the last
I years of the republic; but it will be for a while,
I iiiiiv. The President of the bank, and the Pre.s-
1 idtut of the United States, will be cousins, and
I cousins in the royal sense of the word. They
Kill elect each other. T'hey will elect their suc-
|ci<,-ors; they will tran.sniit their thrones to their
ili'5ceudant.s. and tliat by legislative construc-
Ition. The great Napoleon was decreed to be
jkreJitiiry emperor by virtue of the 22d article
I 111' the constitution of the republic. The con-

YoL. I.— 17

Bervafive .*>enato and the Tribunitinl .\s.<etnMy
maile him enijHTor by rnn.*truction ; mid lli"t>
same con.-'tniclion which was put iiihiu the l.*:M
article of the French constitution of the yciir
Vllf. may l»e as en.«ily jilaced upon the ' p'nemi
welfare' clause in the constitution of lhe»'
I'nited States.

"The Bank is in the field, and the West. —
the (ireiit AVcst, is the selected theatre of her
o|)erations. There her terntrs, her seductions,
her energies, her rewards and her puni.-<lunents.
arc to be directed. The senator from Massa-
chusetts o{)ened yesterday with a picture of the
niin in the West, if the bank were not ivchar-
tered; and the senator from Kentucky, Mr.
Clay, wound up with a retouch of the same pic-
ture to day, with a clo.seness of coincidence
which showed that this part of the battle
ground had been reviewed in company by the
associate general."' and duplicate .senators. Both
agi"ee that the AVest is to be ruined if the bank
be not rechartered ; and rechartered it cuinot
be, unless the veto President is himself rir/rW.
This is certainly candid. But the gentlemen's
candor did not stop there. They .went on to show
the modus operandi; to show how the ruin
would be worked, how the country would be de-
vastated, — if Jackson was not put down, and the
bank rechartered. The way was this : The West
owes thirty millions of dollars to the bank; the
bank will sue every debtor within two years af-
ter its charter expires ; there will be no money in
the country to pay the judgments, all jiroperty
will be sold at auction ; the price of all [iroperty
will fall ; even the growing crop.s, quite up to
Boon's Lick, will sink in value and \osii half their
price ! This is the picture of ruin now drawn by
the senator from Massachusetts ; these the words
of a voice now pleading the cause of the "West
against Jackson, the sound of which voice never
happened to be heard in favor of the West during
the late war, when her sons were bleeding under
the British and the Indians, and Jackson was pe-
rilling life and fortune to save and redeem her.

" This is to be the punishment of the AV'est if
she votes for Jackson ; and by a plain and natu-
ral inference, she is to have her reward for put-
ting him down and putting up another. Thirty
millions is the bank debt in the West ; and
these thirty millions they threaten to collect
by writs of execution if Jackson is re-elected;
but if he ')e not elected, and somebody else be
elected, then they promise no forced payments
shall be exacted, — hardly any payment at all !
The thirty millions it is jiretendtd will almost
be forgiven ; and thus a bribe of thirty millions
is deceitfully oil'ered for the W^estern vote,
with a threuc of punishment, if it be not taken !
But the West, and especially the State of Ohio,
is aware that Mr. Clay does not u.se the bank
power, in exteii'lnii; charities — coercion is his
mode of appeal — and wlien President Clay and
IVesident Huldle have obtained their double
sway, all these fair promises will be f(jrnotten.
Mr. B. had read in the Roman history of the

-I*'

g»!?\^>;

2:>8

TIIIUTY \KMIS' VIEW.

inipirc twin^ put up to Kale; he had read of
yiotoriouH p.'nt'riilH, ri'tiiriiiii)^ from Awiatic con-
qufsts, hikI loadod with orit'iitjd spoil, hid(hii>?
in the market for the consulship, and purchan-
inj; their elections with the wealth of conf|nered
kingdomK; hut he hiwl never expected to wit-
neHM a hid for the presidency in thiH younR and
fne repuhlic. He thoufrht he lived too early, —
too near the hirth of the reptdjlic, — while every
thinp woa yet too youn^; and innocent, — to Bee
the American presidency put up at auction.
Hut he affirmed this to he the cuso now ; and
called upon every senator, and every auditor,
who had heard the senator from Massachusetts
the day before, or the senator from Kentucky
on that day, to put any other construction, if
they could, upon this seductive offer to the
West, of mdefinitc accommodation for thirty
millions of debt, if she would vote for one gen-
tleman, and the threat of a merciless exaction
of that debt, if she voted for another ?

" Mr. B. demanded how the West came to be
selected by these two senators as the theatre for
the operation of all the terrors and seductions of
the bank debt ? Did no other part of the country
owe money to the bank? Yes! certoinly, fifteen
millions in the South, and twenty-five millions
north of the Potomac. Why then were not the
North and the South included in the fancied
fate of the West ? Simply because the presiden-
tial election could not be affected by the bank
debt in those quarters. The South was irrevo-
«!ably fixed ; and the terror, or seduction, of the
payment, or non-payment, of her bank debt,
would operate nothing there. The North owed
but little, compared to its means of payment,
and the presidential election would turn upon
other points in that region. The bank debt was
the argument ibr the West; and tiic bank and
the orators hod worked hand in hand, to pro-
duce, and to use, this argument Mr. B. then
affirmed, that the debt had been created for the
very purpose to which it -vas now applied ; an
electioneering, political purpose; and this he
proved by a reference to authentic documents.

" Mrst: He took the total bank debt, as it ex-
isted when President Jockson first brought the
bank charter before the view of Congress in De-
cember, 1829, and showed it to be $40,216,000;
then he took the total debt as it stood at pre-
sent, being $70,428^000 ; and thus showed an in-
crease of thirty millions in the short space of
two years and four months. This great increase
had occurred since the President had delivered
opinions against the bank, and when as a pru-
dent, and law abiding institution, it ought to
have been reducing and curtailing its business,
or at all events, keeping it stationary. lie then
riiowed the aimual progress of this increase, to
demonstrate that the increase was faster and
faster, as the charter drew nearer and nearer to
its termination, and the question of its renewal
pressed closer and closer upon the people. He
.<lio\VL'.l thiit the increase the tir>t year after the
mcssu^'e of lh29 was four millions and a quarter ;

in the second j'enr, which wna ln«t yi«r. thoiji
nineteen millions, to wit, from ljJ44,0.')2,l*Hi, t„
8t')3,(i2(i4')2 ; and the increase in the four firM
montliH of tlio present year was nearly five mil.
lions, l)eiiig at the rate of nfwut one million «n<l
a quarter a month since the hank had niiiilii,]
for a renewal of her charter! After huvin;-
shown this enonnous increase in the siini tijtil
of the debt, Mr. IJ. went on to show where ii
had taken place ; and this he proveil lo b<
chiefly in the West, and not merely in the Wi^t
but prmcipally in those ports of the West in
which the presi<lential election was held to be
most doubtful and critical.

" He hc'ran with the State of Louisiana, arnl
showed that the increase there, since the deliverv
of the message of 1820, was $5,0(11,1 01; f,,
Kcntuckv. that the increa-sc was 1$3,0(I9,83(<'
that in bh\o, it was ^2,079,207. Here was an'
increase of ten millions in three critical am]
doubtful States. And so on, in others. Ilavin"
showr. this enormous increase of debt in the
West, Mr. B. went on to show, from the time
and circumstances and subsequent events, that
they were created for a political purpose, and
had already been used by the bank with that
view. He then recurred to the two-and-twenty
circuh fs, or writs of execution, as he called
them, Issued against the South and West, in
January and February last, ordering curtailments
of all debts, and the supply of reinforcements to
the Northeast. He shov.ed that the reasons
assigned by the bank for issuing the orders of
curtailments were false ; that she was not de-
prived of public deposits, as she asserted ; fui
she then had twelve millions, and now ha.s
twelve millions of these deposits ; that she was
not in distress for money, as she asserted, fur
she was then increasing her loans in other quar-
ters, at the rate of a million and a quarter a
month, and had actually increased them ten
millions and a half from the date of the first
order of curtailment, in October, 1831, to the
end of May, 1832 ! Her reasons then assigned
for curtailing at the Western branches, were
false, infamously false, and were proved to be so
by her own returns. The true reasons were
political •. a foretaste and prelude to what is now
threatened. It was a manoeuvre to press tlio
debtors — a turn of the screw upon the borrow-
ers — to make them all cry out and join in the
clamors and petitions for a renewed charter I
This was the reason, this the object ; and a mo>t
wanton and cruel sporting it was w;itli the pro-
perty and feelings of the unfortunate debtor?.
The overtiowing of the river at Loiiisville and
Cincinnati, gave the bank an opportunity of
showing its gracious condescension in the tem-
porary and slight relaxation of her orders iit
those places ; but there, and every where else in
the West, the screw was turned far enough tu
make the .^creams of the victims reach their re-
presentatives in Congress. In Mobile, alone,
half a million was curtailed out of a million and
a half; at every other branch, curtailments are

!cposit to the cred

ANNO 1831 ANHKEW .TAf KSON. I UHMDKST.

250

riinT on ; nn'l nil ihU fur poJiticnl cfTcrt, and to
•<• fii|lo«<'<l iif< I'V till- cU'i'iidiu'iTinr: fiil)ricnlion
•iiat it ix the fflict if the veto iiu'cunfrc. Yis!
the vrto iiK'Hsnjri! iidd rri'sirli-nt. nn.' tii Ik' lii'M
;p as the catipc of thi«p ciirtiiihneiits, wliicli
!,avi' Ixcn piiiiijr fii for Jmlf n yonr jiast !

•rotincctod with the rn-iition of tlii« now
iltlit, was the ct^taMishini'iit <>f several niMV
lirniiohi'S, anil the promise f)f many more. In-
•tind of ivmaining stationary, aiul awaiting the
action of Conpres8, the bank showed itself de-
'orniincd to spread and extend its business, not
,nly in debts, but in new branches. Na.shvil!e,
Natihoz, St. Lotiis, were favored with branches
at the eleventh hour. New-York had the same
fivnr done her ; and, at one of these (the branch
at UticaX the Senate could judge of the neces-
sity to the federal government which occasioned
it to ho established, and which necessity, in the
(pinion of the Supremo Court, is sufficient to
overturn the laws and constitution of a State :
the Senate could judge of this necessity, from
ho fact that twenty-live dollars is rather a large
ikposit to the credit of the United States Trea-
riiror, and that, at the last returns, the federal
deposit was precisely two dollars and fifty cents !
iliis extension of branches and increase of debt,
I'.t the approaching termination of the charter,
was evidence of the determination of the bank
to he rcchartered at all hazards. It was done
to create an interest to carry her through, in
spite of the will of the people. Numerous pro-
mises for new branches, is another trick of the
•sme kind. Thirty new branches are said to bo
in eontemplation, and about three hundred Til-
laws have been induced each to believe that it-
aif was the favored spot of location ; but, always
upon the condition, well understood, that Jack-
son should not bo re-elected, and that they
ijiould elect a representative to vote for the re-
charter.

'• Mr. B., having shown when and why this
Western debt was created, examined next into
the alleged necessity for its prompt and rigorous
collection, if the charter was not renewed ; he
ilenicd the existence of any such necessity in
idint of law. lie affirmed that the bank could
take as much time as she pleased to collect her
I'ehts, and could be just as gentle with her
lebtors as she chose. All that she had to do
ffas to convert a few of her directors into trus-
tees, as the old Bank of the United States had
iloiie, the aftairs of which were wound up so
L'eiitly that the country did not know when it
nuled. Mr. B. appealed to what would be ad-
mitted to be bank authority on this point : it
vas the opinion of the senator from Kentucky
|\Ii'. Clay), not in his speech against renewing
: .0 bank charter, in 1811, but in his report of
liiiit year against allowing it time to wind up its
a;!airs. The bank then asked time to wind up
its atlairs ; a cry was raised that the country
would be ruined, if time w'as not allowed ; but
the senator from Kentuckj' then answered that
sry, by referring the bank to its common law

riglit to constitute tnisf»><<s to wind up it" affair*.
The Ci ingress acted up'Mi thi* Knu'irf'^tion by re«
tuning the time ; tbelMiik iu'tcd u|ii>n the Kiig-
(.'esfidu by ap|Hiiiitiiv_' trusties; the debtors
huslu'd their cries, iind thepiililic never hennl nf
the suljert afterwa; 'Is. Tlie pretext of iiii un-
renewed charter is not necessary to stinudate
the bank to the pressnn- of Western debtors,
look at Cincinnati ! what but a determination
to make its power felt and feared occasioned the
pressure at that place ? And will that <lisjio>i-
tion ever l)c wanting to such an institution as
that of the Bank of the United States?

" The senator from Kentucky has cfiangcd his
opinion about the constitutionality of the bank ;
but has he changed it about the legality of the
tnist? If he has not, he must surrender his
alarms for the ruin of the West if ho has, the
law itself is unchanged. The bank may act
under it ; and if she does not, it is because she
will rot ; and because she chooses to ptniisli the
AVest for refusing to stipport her candidate for
the presidency. What then becomes of all this
cry about ruined fortunes, fallen prices, and the
loss of growing crops 1 All imagination or crtiel
tyranny ! The bank debt of the West is thirty
millions. She has six years to pay it in ; and,
at all events, he that cannot pay ni six )ears,
can hardly do it at all. Ten millions are in bills
of exchange ; and, if they are real bills, they will
be payable at maturity, in ninety or one hundred
and twenty days j if not real bills, but disguised
loans, drawing interest as a debt, and premium
as a bill of exchange, they are usurious and void,
and may be vacated in any upright court.

" But, the great point for the West to fix its
attention upon is the fact that, once in evciy ten
years, the capital of this debt is paid in annual
interest ; and that, after paying the capital many
times over in interest, the principal will have to
be paid at last. The sooner, then, the capital is
paid and interest stopped, the better for the coun-
try.

" Mr. Clay and Mr. Webster had dilated large-
ly upon the withdrawal of bank capital from
the West. Mr. B. showed, from the bank doc-
uments, that they had sent but 938,000 dol-
lars of capital there ; thai the opcraiion was the
other way, a ruinous drain of capital, and that
in hard money, from the West, lie went over
the tables which showed the annual amount of
these drains, and demonstrated its ruinous na-
ture upon the South and West. He showed tlie
tendency of all branch bank paper to flow to the
Northeast, the necessity to redeem it annually
with gold and silver, and bills of exchange, and
the inevitable result, that the West would even-
tually be left without cither hard money, or
branch bank paper.

" ^Ir. Clay had attributed all the disasters of
the late war, especially the surrender of Detroit,
and the Bladensburg rout, to tlie want of this
bank. Mr. B. asked if bank credits, or bank
advances, could have inspired coura;.;e into t'o
bosom of the unhappy old man wlio had b.en

'2m

TIIIHTY YKAIW MKW.

Wr-'n

iJip aniHo of tho •dimndir of J)otr<)it 7 or, cfmM
liiivi- iiiiidi' tliii-c tii^lil uImi (iiiilil ii'il Ik; iiiHj)irf<l
Jiy tln' \ii'>v I if tlii'ii •apiiiil. tlif [iri-.-ciicc i>f tlicir
I'ri'sidciit, iukI till' iH'iif |irii- nity ol' tliiir fiuiii-
lii'N uii'l liri'-:'lis / Andrew nkioii CDiiiiiicri'd
at N»'\v (Jill ii-i, witliuiit iiH'iny, williKiit. iirrns,
witliiiiit credit — live, witlu'Ut, ii Imiik. Jle p*t
t'Ven his flints from lliepiratei. lie seoiited tlic
ide;i of Itriive men lieiii),' prodiiced \<y I lie liiiiik.
If it had exi.stcd, it unnld htive lit'eii u Imrlheii
upon the hiiiid.i nf the;;i)veriiiii(jMt. It was now,
lit thin hour, a, hiirthiii ii|hiu tin,' IiUhU of the
government, and an oI)stacle to tho payment of
the jiuhlic del)t. It hi.d procured u imyment of
MX niilHons of tlie )iniilic debt to be delayeil,
from .Inly to October, under thu jiretext tliat
the merchants roiild not jiay their bonds, wluii
these bonds were now paid, and twelve millions of
dollars — twice the amount intended to have been
paid — lies in the vaulH of the bank to be used by
her in I)ealin;; down tlie vet(» ine-snge, the autlior
of the messag'e, and all who Bhare his opiniunM.
Tho bank was not only a burthen upon the
hands of the pjvernnient now, but liiid been a
))urthen upon it in three years after it started —
when it would have stojiix d payment, as all
America knowr!, In April I81U, had it not been
for the use of ei^ht millions of public deposits,
and the seasonable arrival of wag<jns loaded with
specie from Kentucky and Ohio.

" Mr. B. defended the old banks in Kentucky,
Ohio, and Tennessee, from the aspersions which
had been cast upon thr"Tn. They had aided the
poveniment when {'■..• \ '-thern bankers, who
now scotl'at them, .iCi.'H-d to advance a dollar.
They had advanci^n tie u/moy which enailed
the warri')r8 o/ <!-. West to go forth to battle.
They had orippleu iiiem«jlves to aid their gov-
ernment. After the va,' they resumed specie
payments, which had been, suspended with the
consent of tiie legislatures, to enable them to ex-
tend all their means in aid of the national strug-
gle. This resumption was made practicable by
the Treasury deposit, in the State institutions.
They were withdrawn to give capital to the
branches of the great monopoly, when first extend-
ed to the West. These branches, then, produc-
ed again the draining of the local bankS; which
they had voluntarily suflered for the si-ke of
government during the war. They had bicri-
ticed their interests and credit to sustain the
credit of the national treasury — and the treasu-
ry surrendered them, as a sacrifice to the national
bank. . They stopped payment under the pres-
sure and extortion of the new establishnients,
introduced against the consent of the people and
legislatures of the AV'estern States. The paper
of the AVestern banks depreciated — the stock of
the States and of individual stockholders was
sacrificed — the country was filled with a spu-
rious currency, by the course of an institution
which, it was pretended, was established to pre-
vent such a calamity The Bank of the United
States was tlms established on the ruins of the
banks, and foreigners and non-residents were fat-

tened on their cp*!!!-*. They wen- tttiipix 1 ,
their K|ii-«'it' to |)am|>i-rth«' itniN'riitl bank, '||„
fell victims to their |ialriotiNm, mill to th< • ^tiU.
lishiiicnl of the I'liited Stafeii bank; nnd i j,^,
unjust anil unkind t" repioiuh ihim with u tut,
whicli their palrioti>r . n I ihe chiuoli-lnmi,
of the federal bank bi 'ii.ii' j|M<ii Ihetii.

".Mr. flay md .Mr. iWoster bad mImiIm'] d,,,
Pre-ideiit for \u^ allusion to the inaiinei' in wim i,
the liaiik charter hiidlMcn pushed tlii'ou^'ii ('i.i|.
i;re,ss, jM'nding an iinfiii:>lii'd invisligiition, iilm.
tanlly eijiieeded. .Mr. H. deiuanrlcd if tiiat w,i.
not true ? He asked if it was not wron^' tu 1,11,1,
tlie charter through in that iniimier, and it H,,.
President had not done right to stop it, to bulk
this hurried process, and to giyi^ the people in,,,,
for con!<ideration nnd enable them to m t i Ij,.
had oidy brou;;ht the subject lo the notice of tj,,.
Congress and the jieople, but had not rccum-
mended immediate legislation, before thesiibjict
had been eanvas.sed before the nation. It wnm
gross perversion of his nieshages to (|ni/i, tliiin
in favor of immediate decision without privimi.
inve.stigution. He was not evading the .jiiestinn,
The veto message proved that, lie sought lii,,,.
for the people, not for himself and in that 1,,.
coincided with a sentinieiit liit^ ly exiin'ss((l liv
the senator him.*<clf O'roni Kentucky) at, C'ii;.ih.
nati; he was coinciding with the example (.' tin
British parliament, whici, had not yet iKiiil' i
the question of rochart. ring the Bank of liu...
land, and which had just raised an extraonliuaiv
committee of thirty-one members to 'xainiiu'
the bank through all her departments; aud. wlim
was much more material, he had coincided with
the spirit of our constitution, and the right.-, 1 f
the people, in preventing an expiring minoiity
Congress from usurping the powers and righi-
of their successors. The President had imt
evaded the ijuestion. He liad met it fully, llu
might have said nothing about it in his iiR!jsiij:t,s
of 1829, ';50, and '.1. He might have nnuinw!
silent, and had the -iipjiort of both partii -, Imt
the safety and interest of the country requiivi
the people to be a\\akcned to tho consideration
of the subject. He had waked them up; uM
now that they are awake, he lias secured tliiiu
time for consideration, is this evasion ?

"Messrs. C. and W. had attacked the Presi-
dent for objecting to foreign stockholder.s in thi'
Bank of the United States. Mr. B. maintained iln
solidity of the objection, and exposcii the iUiility
of the argument urged by the duplicate senatoi-.
They had asked if foreigners did not hold stock
in pad and canal companies? Mr. B. said. \t-l
but these road and canal companies did not hii|i-
pen to be the bankers of the United States ! Tin
foreign stockholders in this bank were the bank-
el's of the United States. They held its inomys:
they collected its revenues ; they almost con-
trolled its finances ; they were to give or with-
hold aid in war as well as peace, and, it inij.'lit
be, against their own government. Was ilit
United States to depend upon foreigners in a
pouit so material to our existence 7 The lanli

ANNO l«n2. AMtRKW JACKSON, rui>*n»KNT.

2Cl

n-11 « nntlnnul inxtitutimi Oncht n nntinnal in- '
i!iliiiii'H to Im- til" |)riviiro iiri>|v'rly <>f nVu-w-t '
It wr»x (alli'd the llimk of ttii' I'liilol Stnft'X, mill
..•ii.''!» if to )m' til'- liMtik <if till' n<)liilitv iiinl iri-n-
trv <if 'ircnt Uritjim? TIk' scnutor frnni Ki-ii-
(iicky liiwl "lire olijiTtol t'> forci^rii stuoklicilijcrs
liim-''tf. Ill' <li(| tlii-* in Ills ■i|K'c('h ui/ftirHt tlic
liiiiK ill If^il ; nn'l iiitlinuirh lie lui'l rcvdkcil the
niii>>iituliiMi:iI iloctrincs of tlmt «p<'i'i-li. lie [Mr.
1!.] nfvpr 11)1 I'Tstoo'l that lu' liiul ri voki'il ttio
.iiiiiiiii'nts til I cxpri'sst'*! of tlii' ilanjrcr <>f oor-
riin'idn in our (•'miiciU rni'l elections, if fon'i^niTs
(vtl'li'il the inonoyi'd jiowerof oiirconntrv. He
t.ilil ustl, II that tlie|)o\verotthi']»ir-;ecoinnmn'l-
c iiliat of the swonl — and would he coniniit lioth
I.) tin' liauds of forei'jners t All the lesson'^ of
li iiy. said Mr. IJ. iclnioiiish hh to kee[) clear of
I .ivi'.'u intlnutico. The mo-it dangerous inlhiencc
fr 111 I'or.'if^nersis through money, 'f'e corrnptioii
nf (irators aiei (Statesmen. U the ready way to
[iiison the councils, and to hetray the interest of
.iroiintiy. Foreifrners now own one fourth of
tlii-; hank; they may own the whole of it!
What a temptation to them to (njrafro in our
(I ■'inns ! Ky cnrr^-inpf a President, and a ma-
Miiiiy of Conirress, to snit themselves, thoy not
,:ily Ix'come ma^^ters of the moneyed power, but
nl,-o of the political jM)wer, of this republic.
Ami can it be supposed that the Uritish stock-
li.ikl'Ts are indillercnt to the i.xsue of thi elec-

tiiiii

.' that thoy, and their imcnts, can see with
iniliHLrence, the re-election of a man who may
ilis.ippoint their hopes of fortune, and whose
icliii'vcment at New Orleans is a continued mc-
iiu'i.io of the most signal defeat the arms of Eng-
!:in(l ever sustained ?

■The President, in his nussasre, had charac-
torizcd the exclusive privilepc of the bank as ' a
monopoly.' To this Afr. Webster had taken
rxct'jition, and ascended to the Greek root of
the word to demonstrate its true siirnification,
and the incorrectness of the President's applica-
tion. Mr. B. defended the President's use of
the term, and said that he would pive authority
too. liut not Greek authority. lie would as-
pon'l, not to the Greek root, but to the Enfrlish
to5t of the word, and show that a whig baronet
had applied the term to the Bank of England
with still more offensive epithets than any the
I'asiilent had used. Mr. B. then read, and
cinimi'Tited upon several passages of a speech of
Sir William Pulteney, in the British House of
I'onimoiis, against renewinj^- the charter of the
Hank of England, in which the term monopoly
WHS repeatedly applied to that bank ; and other
terms to display its dangerous and odious char-
tir. In one of the passages the whig baronet
m\ ; ' The bank has been supported, and is still
Mipported, by the fear and terror which, by the
nie.'ins of its monopoly, it has had the power to
inspire.' In another, he said : ' I consider the
iwwer given by the monopoly to be of the na-
iiiK! of all other despotic power, which corrupts
ilie despot as much as it corrupts the slave ! '
In a third passage he said : 'VV'hatever language

thr private b.inkm may frrl them«rlvp« l>oiin'l
t'> Imld, he ciHild imt iH'lii-Vf they had any «iit-
isfiietiiiii in p'tiKiiMing Kiilijci-t t<> u jwiwer whu h
iiiighi ili'tli them Ht iiiiy moment.' In a
I'Mirth : ' N" i.iitn ill France w.h hrard to <iiui-
plain of the Ha-iiilo whili' if exl^tl'd; yif wIhh
it fell, it eaiiK- down miiiiNt thi- iiniver-nl ai'i'la-
niatiiins of the ii.itinn ' '

" Here, coiitinind -Mr. It., is authority, F.iil'-
li-h authority, f'U' ciilliiiir the BritiNli bank in
I Eii^rland a monopoly ; iind the Itriti-.!) b'uik in
' .\iiierica i-i cojiied from it. ."^Ir Wm. Pulteney
I t'lK'S Oivthi'r tliaii I'l'i'^idcnt .Faeknon. lie siiys,
that the I! ".k of Kii'.'laiid rules by fear mid
terror. '' Us it n dc-pot, and a eormpf de!--
iiot t ■ of the slave." eorrilpteil by the

b;i 'loiilille ■< mean!' the tiouu-

nal del .rt* i- re<'eived ostensible loans,

real «1 '"<•' " T to be repaid, except in
I di-.hon ,» -:. He considers tlu' prai,»es

i of the eiMiiitry hn.ikers as the unvvillinir homat.'e
of the weak and helpless to the c<irrupt and
1 iiowerfiil. He assimilates the Bank of Eii-rlaiid,
l>y the terrors which it inspires, to the old Ila.s-
tile in France, and anticipates the snui.' "iirst of
emancipatedjoyon the fall of the bank, ■ Meh was
heard in Fnmee on the fall of the Hastile, And
is he not right? And may not every word uf
his invective be applied to the British bank in
America, and find its apjiropriate application in
well-known, and iueontestable facts here ? Well
ha.s he likened it to theBastile; well will tl:o
term apply in our own country. Great is the
fear and terror now insjiired by this bank. Si-
lent are millions of tongues, under its terrors
which are impatient for the downfall of the mon
ument of despotism, that they may break fiirtl
into joy and thanksjiiving. The real Bastil»
was terril.'le to all Franco; the figurative Bius
tile is terrible to .ill America; but above all to
the West, where the duplicate senators of Ken-
tticky and Massaehu,-itts, ha^e pointed to tlie
reign of terror that is approaching, and drawn
up the victims for an anticipated immolation.
But, exclaimed Mr. B., this is the month of
July ; a month auspicious to libert}', and fatal
to Bastiles. Our dej)endence on the crown of
Great Britain ceased in the month of July ; the
Bastilc in France fell in the month of July;
Charles X. was chased from France by the three
glorious days of July; and the veto message,
which is the Declaration of Inilependence against
the British bank, originated on the fourth of
Julj', and is the signal for the downfall of the
American Bastile, and the end of despotism.
The time is auspicious ; the work will go on ;
down with the British bank ; down with the
Bastile ; away with the tyrant, will be the pa-
triotic cry of Americans ; and down it will go.

"The duplicate senators, said Mr. B., have
occupied themselves with criticising the Presi-
dent's ideA of the obligation of his oath in con-
struing the constitution for himself. They also
think that the President ought to be bound, the
Congress ought to be bound, to take the consti-

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23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716)S72-4S03

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TiiiU'n' VKAfw' vii:w.

tntion which the .Siipretne Court may deal out
to them ! If HO, why take an oath ? The oatli
!■* to bind the conscience, not to enlighten the
hoftfl. Kvery officer taken the onth for hiniijclf ;
the President took tlic oath foi himself; admin-
i<tere«l by the Chief Justice, but not to the
Chief Justice. lie bound himself to o'iserve
the con«titution, not the Chief Juetice'a inter-
jirctation of the constitution ; and hia messa^
i> in conformity to his oath. This is the oath of
«inty and of right. It is the path of Jefferson,
also, who has laid it down in his writings,
that each department judges the constitution
hr itself, and that the {'resident is as inde-
pendent of the Supreme Court as the Supreme
Court is of the President.

"The senators from Kentucky and Massa-
chusetts liave not only attacked the President's
idea of his own independence in constraing the
constitution, but also the construction he has
put upon it in reference to this bank. They
deny its correctness, and enter into arguments
to disprove it, and have even quoted authorities
which may be quoted on both sides. One of
the senators, the gentleman from Kentucky,
might have spared his objection to the President
on this point. He happened to think the same
way once himself; and while all will accord to
him the right of changing for himself, few will
allow him the privilege of rebuking others for
not keeping up with him in the rigadoou dance
of changeable opinions.

"The President is assailed for showing the
drain upon the resources of the West, which is
made by this bank. How assailed ? With any
documents to show that he is in error 1 No !
not at all ! no such document exists. The
President is right, and the fact goes tu a far
greater extent than is stated in his message.
He took the dividend profits of the bank, — the
net, and not the gross profits ; the latter is the
true measure of the burthen upon the people.
The annual drain for net dividends from the
West, is ^1,000,000. This is an enormous tax.
But the gross profits are still larger. Then
there is the specie drain, which now exceeds
three millions of dollars per annum. Tlieu
there is the annual mortgage of the growing
crop to redeem the fictitious and usurious bills
of exchange which are now substituted for ordi-
nary loans, and which sweeps olf the staple pro-
ducts of the South and West to the North-
eastern cities. — The West is ravaged by this
bank. New Orleans, especially, is rav.aged by
it ; and in her impoverishment, the whole West
suffers ; for she is thereby disabled from giving
adequate prices for Western produce. Mr. B.
declared that this British bank, in his opinion,
had done, and would do, more pecuniary dam-
age to New Orleans, than the British army
would have done if they had conquered it in
1815. He verified this opinion by referring to
the immense dividend, upudrds of half a million
a year, drawn from the brrinch there ; the im-
mense amounts of specie drawn from it ; the

produce carried off to meet the donittitie MHi
of exchange ; and the eight anrl a half luilliou
of debt existing there, of which live hiillioni
were created in the la.st two years to au.swtr
electioneering purposes, and the collection of
which nmbt paralyze, for years, the growth of
the city. From further damage to New Or-
leans, tiie veto mescage would ^uve that gnat
city. Jackson would be her saviour a kcoikI
time. He would save lier from the British bank
as he had done from the British army ; and if
any federal bank must l)c there, let it )h- an in-
dependent one ; a separate and distinct Imnli.
which would save to that city, and to the Valliy
of the Mississippi, of which it was the great and
cherished em|>orium, the command of tluir own
moneyed system, the regulation of their own
commerce and finances, and the accommodation
of their own citizens.

" Mr. B. addressed himself to the Jackson
bank men, present and absent. They mi;:lit
continue to be for a bank and for Jackson ; but
they could not be for this bank, and for Jack-
son. This bank is now the open, as it loni;
has been the secret, enemy of Jackson. It is
now in the hands of his enemies, wielding ull
its own money — wielding even the revenues
and the credit of the Union — wielding twelve
millions of dollars, half of which were intended
to be paid to the public creditors on the fin-t
day of July, but which the bank has retained
to itself by a false representation in the pix-
tended behalf of the merchants. Ail this mon-
eyed power, with an organization which per-
vades the continent, w^orking every where with
unseen hands, is now operating against tiie
President ; and it is impossible tu be in favor
of this power and also in favor of him at the
same time. Choose yo between them ! To
those who think a bank to be indispensable,
other alternatives present themselves. They
are not bound nor wedded to this. New Amer-
ican banks may be created. Read, sir, Ilenr}'
Parnell. See his invincible reasoning, and in-
disputable facts, to show that the Banle of Eng-
land is too powerful for the monarchy of Gnat
B.'itain ! Study hip plan for breaking up that
gigantic institution, and establishing three or
four independent banks in ito place, which
would be so much less dangerous to liberty.
nnd so much safer and better for the people.
In these alternatives, the friends of Jackson,
who are in favor of national banks, may iind
the accomplishment of their wishes without a
sacrifice of their principles, and without com-
mitting the suicidal solecism of fighting agaiuit
hiiA while professing to be for him.

" Mr. B. addressed himself to the West— the
great, the generous, the brave, the patriotic, the
devoted West. It was the selected field of bat-
tle. There the combined forces, the national
republicans, and the national republican bank,
were to work together, and to fight together.
The holy allies understand each other. They
arc able to speak in each other's names, and to

ANNO 1832. ANDREW JACK80X, PRISIDKNT.

263

>4omise and thrcntcn in each other's behalf.
(or thU camfNLign the bnnk created its debt of
thirty millions in the West ; in thiH cani|>aipi
the associate leaders uw tliat debt for tticir own
piirpoBcs. Vote for JackKon ! and suits, judg-
oientH, and executions sball sweep, Ukc tlic besom
of destruction, throtiphout the vast n-pion of the
H'est ! Vote against him ! and indefinite indul-
fcnce i.s basclr promised ! The debt itself, it is
pretended, will, perhaps, be forgiven ; or, at all
cients, hardly ever collected! Thus, an open
bribe of thirty millions is virtually olfered to
ihe West ; and, lest the seductions of the bribe
iQir not be sufiBcient on one hand, the terrors
(if destruction are brandished on the other!
Wretched, infatuated men, cried Mr. B. Do they
think the West is to be bought ? Little do they
know of the generous sons of that magnificent
region ! poor, indeed, in point of money, but rich
in all the treasures of the heart ! rich in all the
qualities of freemen and republicans ! rich in all
the noble feelings which look with equal scorn
upon a bribe or a threat. The hunter of the
West, with moccasins on his feet, and a hunting
fhirt drawn around him, would repel with in-
dignation the highest bribe that the bank could
offer him. The wretch (said Mr. Benton, with
J significant gesture) who dared to ofler it, would
expiate the insult with his blood.
"Mr. B. rapidly summed up with a view of
the dangerous power of the bank, and the pre-
sent audacity of her conduct. She wielded a
Jebt of seventy millions of dollars, with an or-
janization which extended to every part of the
Inion, and she was sole mistress of the moneyed
jMner of the republic. She had thrown herself
into the political arena, to control and govern
ihe presidential election. If she succeeded in
that election, she would wish to consolidate her
power by getting control of all other elections,
liovemors of States, judges of the courts, rep-
resentatives and senators in Congress, all must
belong to her. The Senate especially must be-
long to her ; for, there lay the power to con-
lirm nominations and to try impeachments ; and,
to get possession of the Senate, the legislatures
of a majority of the States would have to be
acquired. The war is now upon Jackson, and
if he is defeated, all the rest will fall an easy
prey. What individual could stand in the States
ig&inst the power of the bank, and that bank
flushed with a victory over the conqueror of the
conquerors of Bonaparte ? The whole govern-
ment would fall into tho hands of this moneyed
power. An oligarchy would bo immediately es-
ublished ; and that oligarchy, in a few genera-
tions, would ripen into a monarchy. All govern-
ments must have their end ; in the lapse of time,
this republic must perish ; but that time, he now
trusted, was far distant ; and when it comes, it
should come in glory, and not in shame. Kome
had her Pharsalia, and Greece her Chaeronea ;
ind this republic, more illustrious in her birth
than Greece or Rome, was entitled to a death as
I Kloriou.s as theirs. She would not die by poison

— porish in comiptinn — no ! A field of .nmis,
an<l of plorj', should bo her end. She hml a
right to a battle — a great, Ininiortal Imtlle —
where henies and patriots could die wiih the
lilteity which they scorned to survive, and con-
secrate, with their blood, the ^wt which nmrked
a nation's fall.

" After Mr. B. had concluded his n marks, Mr
Clay rose and said : —

" The senator from Missouri expresses dissatis-
faction that the speeches of some senators shoiiiil
till the galleries. He has no ground for uneasi-
ness on this score. For if it 1)0 the fortune of
some senators to fill the galleries when they
speak, it is the fortune of others to empty them,
with whatever else they fill the chamber. Tho
senator from Missouri has every reason to 1)0
well satisfied with tlie ellect of his performance
to day ; for among his auditors is a lady of great
literary eminence. [Pointing to Mrs. Royal.]
The senator intimates, that in my remarks on
the message of the President, I watt deficient in
a proper degree of courtesy towards that officer.
Whether my deportment here be decorous or
not, I should not choose to be decided upon by
the gentleman from Missouri. I answered the
President's arguments, and gave my own views
of the facts and inferences introduced by him
into his message. The President states that the
bank has an injurious operation on the interests
of tho West, and dwells upon its exhausting
eflects, its stripping the country of its currency,
&c., and upon these views and statements I com-
mented in a manner which the occasion called
for. But, if I am to be indoctrinated in the
rules of decorum, I shall not look to the gentle-
man for instruction. I shall not strip h:ra of
his Indian blankets to go to Boon's Lick fur
lessons in deportment, nor yet to the Court of
Versailles, which he eulogizes. There arc some
peculiar reasons why I should not go to that
senator for my views of decorum, in regard to
my bearing towards the chief magistrate, and
why he is not a fit instructor. I never had
any personal renccntre with the President of
the UnHo(i States. I never complained of any
outrru.'es on mv person committed by him. I
never published any bulletins respecting his pri-
vate ijrawls. The gentleman will understand
my allusion. [Mr. B. said : He will understand
you, sir, and so will you him.] I never com-
plained, that while a brother of mine was down
on tho ground, senseless or dead, he received
another blow. I have never made any declara-
tion like these relative to the individual who is
President. There is also a singular prophecy as
to the consequences of the election of this indi-
vidual, which far surpasses, in evil foreboding,
whatever I may have ever said in regard to his
election. I never made any prediction so sinis-
ter, nor made any declaration so harsh, as that
which is contained in the prediction to which I
allude. I never declared my apprehension and
belief, that if ho were elected, we should be
obliged to legislate with pistols and dirks by

■W

2G4

THIRTY YKAIW VIEW,

our ci^lc. At tli'm lact stape of tlip PCBsion I do
not ri!»c' to renew the <liwu»Hiiin of thiBnueftion.
1 only roHi! to jrive the wniitor from Mixpouri
n full np'niittnnce. aiitl I triift tlii'ic will lie no
further oceusion for oiK-ninji; a new account with
him.

"Mr. TJ. replied. It is true, fir, that I bad
nn atrr.'iy with (icneral Jackfon, and tliat I did
coninlaiii of his conduct. We foupht, sir ; and
wo fought, I hojHj, like men. Wlien the explo-
Bion waH over, there remained no ill will, on
cither nide. No vituperation or pystcm of petty
perHccution w as kept up between us. Yes, sir,
It is true, iliat 1 had the personal difficulty,
which the senator from Kentucky has had the
delicacy to brinj^ k-forc the Senate. But let me
tell the senator from Kentucky there i.s no ad-
'.journed question of veracity' between me and
General Jackson. All difficulty between us
ended with the conflict ; and a few months after
it, I believe that either party would cheerfully
have relieved the other from any peril ; and now
wo shake hands and are friendly when we meet.
I repeat, sir, that there is no ' adjourned ques-
tion of veracity' between me and General Jackson,
standing over for settlement. If there had been,
a gulf would have separated us as deep as hell.

"Mr. R. then referred to the prediction alleged
by Mr. Clay, to have been made by him. I
have seen, he said, a placard, first issued in Mis-
souri, and republished lately. It first appeared
in 1825, and stated that I had said, in a public
address, that if General Jackson should be
elected, we must be guarded with pistols and
dirks to defend ourselves while legislating here.
This went the rounds of the papers at the time.
A gentleman, well acquainted in the State of
Missouri (Col. Lawless), published a handbill
denying the truth of the statement, and calling
Hjwn any person in the State to name the time
and place, when and where, any such addre-"
had been heard from nie, or any such deck
tion made. Colonel Lawless was perfectly
miliar with the campaign, but he could nevci"
meet with a single individual, man, woman, o-
child, in the State, w-ho could recollect to have
ever heard any such remarks from me. No one
came forward to reply to the cc.l . No one had
ever heard mc make the declaration which was
charged upon me. The same thing has lately
been printed here, and, in the night, stuck up in
a placard upon the posts and walls of this city.
While its author remained concealed, it was
impossible for me to hold him to account, nor
could I make him responsible, who, in the dark,
sticks it to the posts and walls : but since it is
in open day introduced into this chamber I
nm enabled to meet it as it deserves to be met.
I sec who it is that uses it here, and to his face
[pointing to Mr. Clay] I am enabled to pro-
nounce it, as I flow do, an atrocious calumny.

" Mr. Clay. — The assertion that there is ' an
adjourned question of veracity' between me and
Gen. Jackson, is, whether made by man or mas-
ter absolutely false. The President made a cer-

II.S

I tain charge against mo, and he referred to wjt.
' nesses to prove it. I dcnie<l the truth of the
i charge. He called upon his witness to pmv«
it. I leave it to the country to sny, whithir
' that witness sustainwl the truth of the I'resj.
' dent's allegation. That witness is now on h\>
j passage to St. Petersburg, with a commisglon
in his pocket. [Mr. B. hero said aloud, in lii.,
place, the Mississippi and the fisheries— Mr
Adams and the fisheries — every body tmtler^
stanrls it.] Mr. C. said, I do not yet undorstaml
the senator. He then remarked upon the 'pre-
diction' whieli the senator from Missouri haii
disclaimed. Can he, said Mr. C, look to mc.
and say that he never used the langungc attri-
buted to him in the placard which he refers t« .'
lie says. Col. Lawless denies that he used the
words in the State of Missouri. Can you look
me in the face, sir [addressing Mr. B.], and say
that j'ou never used that language out of ihi,.
State of Missouri ?

" ilr. B. I look, sir, and repeat that it is an
atrocious calumny ; and I will pin it to him who
repeats it here.

" Mr. Cla^. Then I declare before the Scnato
that you said to me the very words —

" [Mr. B, in his place, while Mr. Clay wiis yet
speaking, several times loudly repeated the
word ' folse, false, false.']

" Mr. Clay said, I fling back the charge of atro.
cious calumny upon the senator from Missouri.

A call to order wa.s here heard from several
senators.

"The President, pro tem., said, the senator
from Kentucky is not in order, and must take
his scat,

"Mr. Clay. Will the Chair state the point
of order ?

" The Chair, said Mr. Tazewell (the President
pro tem.), can enter in no explanations with the
senator.

" Mr. Clay. I shall be heard. I demand to
now what point of order can be taken against
me, which was not equally applicable to the
senator from Missouri.

" The President, pro tem., stated, that he con-
sidered the whole discussion as out of order.
He would not have permitted it, had he been in
the chair at its commencement.

" Mr. Poindexter said, he was in the chair at
the commencement of the discussion, and did
not then see fit to check it But he was now
of the opinion that it was in not in order.

" Mr. B. I apologize to the Senate for the
manner in which I have spoken ; but not to the
seqator from Kentucky.

" Mr. Clay. To the Senate I also offer an
apology, lo the senator from Missouri none.

" The question was here called for, by BeveTal
senators, and it was taken, as heretofore re-
ported.

The conclusion of the debate on the side of
the bank was in the most impressive form to the
fears and apprehensions of the country, and

•rm

ANNO 183i ANDREW JACKSON, PRESIDENT.

265

in the chair at
ssion, and did

irell calculated to alami and rouse a comiuunitj.
Hfr. Webster concludc<l with this peroration,
prosentinp a direful picture of distress if the veto
iras KU8tAiiie<1, and portraye<i the death of tlie
coc.ititution before it had attained the tiftieth
vwr of its age. He concluded thus — little fore-
Kttin;; in how few jcars ho was to invoke the
chirity of the world's silence and oblivion for
[hi institution which his rhetoric then exalted
iuto a great and beneficent power, indispensable
totlie well working of the government, and the
nil conducting of their affairs by all the people:

••Mr. President, we have arrived at a new
cpocli. Wo arc entering on experiments with
Ihi' government and the constitution of the
fountry, hitherto untried, and of fearful and
sjipalling a«pcct. This message calls us to the
contemplation of a future, which little resem-
bles the past. Its principles are at war with all
t'lat public opinion has sustained, and all which
ihe experience of the government has sanctioned.
It denies tirst principles. It contradicts truths
heretofore received as indisputable. It denies
to the judiciary the interpretation of law, and
demands to divide with Congress the origination
of statutes. It extends the grasp of Executive
pretension over every power of the government.
But this is not all. It presents the Chief Mag-
istrate of the Union in the attitude of arguing
imay the powers of that government over which
he has been chosen to preside ; and adopting,
f)r this purpose^ modes of reasoning which,
even under the influence of all proper feeling
towards high i..fficial station, it is difficult to
Kgard as respectable. It appeals to every pre-
judice which may betray men into a mistaken
TJew of their own interests ; and to every pas-
sion which may lead them to disobey the im-
pulses of their understanding. It urges all the
specious topics of State i-ights, and national en-
croachment, against that which a great majority
of the States have afiirme'd to be rightful, and
in which all of them have acquiesced. It sows,
in an unsparing manner, the seeds of jealousy
and ill-will against that government of which
its author is the official head. It raises a cry
that liberty is in danger, at the very moment
when it puts forth claims to power heretofore
unknown and unheard of. It affects alarm for
the public freedom, when nothing bo much en-
dangers that freedom as its own unparalleled
pretences. This, even, is nt t all. It manifest-
ly seeks to influence the pooi" against the rich.
It wantonly attacks whole classes of the people,
for the purpose of turning against them the pre-
judices and resentments of oth 3r classes. It is
a state paper which finds no ^;opic too exciting
for its use ; no passion too inflammable for its
address and its solicitation. Such is this mes-
nge.' It remains, now, for the people of the
I'oited States to choose between the prindples

here avowed and their p>>veriinuiit. Thent»
cannot siibnist tojiether. The one nr the oiher
niUht Ihj rejected. If the ceiitinKnts of the
mcssape ohail reci-ive pt-neml aii|iriibnti(>n, tl)e
constitution will have i»eri.«he(l even earlit-r than
the moment which its enemies originally allowed
for the termination of its existence. It will nut
have survived to iLs fiftieth year."

On the other hand, Mr. White, of Tennessee,
exalted the merit of the veto messapre above all
the acts of General Jackson's life, and claimed
for it a more enduring fame, and deejK'r grati-
tude than for the greatest of his victories : and
concluded his speech thus :

" When the excitement of the time in which
wo act shall have passed awny, and the histori-
an and biographer shall be empl<>3'ed in giving
his account of the acts of our most distinguished
public men, and comes to the name of Andrew
Jackson ; when he shall have recounted all the
great and good deeds done by this man in the
course of a long and eventful life, and the cir-
cumstances under which this message was com-
municated shall have been stated, the conclubion
will be, that, in doing this, he has shown a
willingness to risk more to promote the happi-
ness of his fellow-men, and to secure their lib-
erties, than by the doing of any otlier act what-
ever."

And such, in my opinion, will be the judg-
ment of posterity — the judgment of posterity,
if furnished with the material to appreciate the
circumstances under which he acted when sign-
ing the message which was to decide the ques-
tion of supremacy between the bank and the
government.

CHAPTER LXIX.

THE PEOTECTIVE SYSTEM.

The cycle had come round which, periodically,
and once in four years, brings up a piesidcntiul
election and a tariff discussion. The two events
seemed to be inseparable ; and this being the
fourth year from the great tariff debate of 1828,
and the fourth year from the last presidential
election, and being the long session which pre-
cedes the election, it was the one in regular
course in which the candidates and their friends
make the greatest efforts to operate upon public
opinion through the measures which they pro-
pose, or oppose in Congress. Added to this, th«

2GG

THIRTY YKAIW VIKW.

election U'inp one on n-lii< h not only a change
of political iMirtifs depcnilcd, but also a Bccond
trial of the flection in the House of Representa-
tives in lK24-'2<'>, in which Mr. Adams and Mr.
Clay triumphed over General JackHon, with the
advantage on their side now of both l)eing in Con-
Rrccs : for these reasons tliis session became the
most prolillc of party topics, and of party con-
tests, of any one ever seen in the annals of our
Congress. And certainly there wcro largo sub-
jects to be brought before the people, and great
talents to appear in their support and defence.
The renewal of the national bank charter — the
continuance of the protective system — internal
improvement by the federal government — divi-
sion of the public land mono}', or of tho lands
themselves — colonization society — extension of
pension list — Georgia and the Cherokecs — Geor-
gia and the Supreme Court — imprisoned mis-
sionaries — were all brought forward, and pressed
with zeal, by the party out of power ; and pressed
in a way to show their connection with the
presidential canvass, and the reliance upon them
to govern its result. The party in power were
chiefly on the defensive ; and it was tho com-
plete civil representation of a military attack
and defence of a fortified place — a siege — with
its open and covert attacks on one side, its re-
pulses and sallies on the other — its sappings
and minings, as well us its open thundering
assaults. And this continued for seven long
months — from Dacember to July; fierce in the
beginning, and becoming more so from diy to
day until the last hour of the last day of tho ex-
hausted session. It was tho most fiery and
eventful session that I had then seen — or since
seen, excepc one — the panic session of 1834-'35.
The two leading measures in this plan of opera-
tions — the bank and the tariff— were brought
forward simultaneously and quickly — on the
same day, and under the same lead. Tho me-
morial for the renewal of the bank charter was
presented in the Senate on the 9th day of January :
on the same day, and as soon as it was referred,
Mr, Clay submitted a resolution in relation to
the tariff, and delivered a speech of three days'
duration in support of the American system.
The President, in his message, and in view of
the approaching extinction of the public debt —
then reduced to an event of certainty within the
ensuing year — recommended tho abolition of
duties on numerous articles of ncccessity or

Cf)mfort, not piXMluced at home. Mr. Clav riro
I>o8c<l to make the reduction in subordination ti
the preservation of the "American Nystim*'
and this opened the whole question of fn-o trmlo
and protection ; and occasioned (hat fltjd td ]„
trod over again with all the vigor of a frtsh ex.
ploration. Mr. Clay opened liis great speech witli
a retrospect of what the condition of the country
was for seven years before the tarriffof 182}
and what it had been since — the first a period of I
unprecedented calamity, the latter of equally
unprecedented prosperity: — and ho made the
two conditions equally dependent upon the al>
sence and presence of the protective system.
He said :

" Eight years ago, it was my painful duty to
present to tho other House of Congress an un-
cxaggerated picture of the general distress pe>
Toding tho whole land. We must all yet re-
member some of its frightful features. We all
know that the people were then oppressed and
borne down by an enormous load of debt ; tliut
the value of property was at the lowest point of
depression; that ruinous sales and sacrifices
were every where made of real estate ; that stop
laws and relief laws and paper money were
adopted to save the people from impending de-
struction ; that a deficit in the public revenue
existed, which compelled government to seize
upon, and divert from its legitimate object, the
appropriation to the sinking fund, to redeem the
national debt; and that our commerce and
navigation were threatened with a complete
paralysis. In short, sir, if I were to select any
term of seven years since the adoption of the
present constitution, which exhibited a scene of
the most wide-spread dismay and desolation, it
would be exactly the term of seven years which
immediately preceded the establishment of the
tariff of 1824."

This was a faithful picture of that calamitous
period, but the argument derived from it was a
two-edged sword, which cut, and deeply, into
another measure, also lauded as the cause of the
public prosperity. These seven years of nation-
al distress which immediately preceded thi^ tarif)
of 1824, were also the same seven years which
immediately followed the establishment of the
national bank ; and which, at the time it was
chartered, was to be tho remedy for all the dis-
tress under which the country labored: besides,
the protective system was actually commenced
in the year 181G— contemporaneously with the
establishment of the national bank. Before 1 81G,
protection to home industry had been an inci-
dent to the levy of revenue ; but in 1816 it be-

ANNO 1831 ANDKEW JACKSOX. rRl><IDKNT.

2G1

nnie an ohjort. Mr. Clay thus dcducotl Ute
..-•\a and progress of the protective jiolicy :

•It hepin on the ever memorable 4th day of
I„lv__tho 4th of July, I'H'J. The cecoiid net
rhk'h Ktandst recorded in the 8tatute book, bear-

I IX' the ilhistrioiis Hipnaturc of George Wa^hing-
tm. laid the comer stone of the whole nystem.
Th.it there mif^ht be no mistake about the mat-
i,f, it was then solenily proclaimed to the Ame-
rican people and to the world, that it was necea-
tiinj wT '* the encourajjcmcnt and protection of
naniifacturcs," that duties should ue laid. It is

I in vain to urge the small amount of the measure
fi protection then extendo«L The preat princi-

Iplenas then established by the fathers of the
constitution, with the father of his country at
their head. And it cannot now be questioned,
that, if the government had not then been new
inii the subject untried, a greater measure of pro-
kftion would have been applied, if it had been
■upposed necessary. Shortly after, the master
minds of Jellerson and Hamilton were brought
to act on this interesting subject. Taking views
of it appertaining to the departments of foreig*.!
iffairs and of the treasury, which they respect-
iiely filled, they presented, severally, reports
irhicli yet remain monuments of their profound
Tisdom, and came to the same conclusion of pro-
tection to American industry. Mr. Jefferson
irgued that foreign restrictions, foreign prohibi-
tions, and foreign high duties, ought to be met,
St home, by American restrictions, American
[irohibitions, and American high duties. Mr.
Hamilton, surveying the entire ground, and look-
ing at the inherent nature of the subject, treated
it '.Tith an ability which, if ever equalled, has not
ken surpassed, and earnestly recommended pro-

I lection.
"The wars of the French revolution commen-

I ced about this period, and streams of gold poured
into the United States through a thousand chan-
nels, opened or enlarged by the successful com-
loerce which our neutrality enabled us to prose-
cute. We forgot, or overlooked, in the general
prosperity, the necessity of encouraging our do-
mestic manufactures. Then came the edicts of
Napoleon, and the British orders in council; and
our cmbnrgo, non-intercourse, non-importation,
vA war followed in rapid succession. These
national measures, amounting to a total suspen-
sion, for the period of their duration, of uur
faitiign commerce, aiibrded the most efficacious
encouragement to American manufactures ; and,
Mcordingly, they every where sprung up. Whilst
these measures of restriction and this state of war
rontinued the manufacturers were stimulated in
their enterprises by every assurance of support,
by public sentiment, and by legislative resolves.
It was about that period (1808) that South
Carolina bore her high testimony to the wisdom
of the policy, in an act of her legislature, the
preamble of which, now before me, reads :
\Vhercas the establishment and encouragement
of domestic manufactures is conducive to the in-

terevt of a State, by adding now iiiroiitirfH fn
induttry, an<i aA Ijcmg the nioatw ot' (liiiMMinir,
to advaiitago, the .suriilu.H pnMiiiction.i of thi<
a/p'icutturiiit : And wlifn'o*. in the prisml
unexampknl state of the world, tlu-ir establish-
ment in our coimtry i»» not only f.rpfdwnt, Init
politic, in rendering us indfpriuhnt of foreign
nations.' The legislature, not U-ing com|ictent
to aflbrd the mcjst efficacious aid, by iinjioriin;.;
duties on foreign rival articles, proceeded to iu-
cor]iorate a company.

"Peace, under thio Treaty of Ghent. retumiHl
in 1815, but there did not return witti it the
golden days which preceded tlio e«lict8 levelled
at our commerce by Great Britain and France.
It found all £urope tranquilly resuming the arts
and the business of civil life. It found £iiru]K)
no longer the consumer of our surplus, and the
employer of our navigation, but excluding, or
heavily burdening, almost all the productions
of our agriculture, and our rivals in manufac-
tures, in navigation, and in commerce. It found
our country, in short, in a situation totally dif-
ferent from all the piast — new and untried. It
became necessary to adapt our laws, and espe-
cially our laws of impost, to the new circum-
stances in which we found ourselves. It has
been said that the tari£f of 181G was a mea.sure
of mere revenue ; and that it only reduced the
war duties to a peace standard. It is true that
the question then was, how much, and in what
way, should the double duties of the war be re-
duced? Now, also, the question is, on what
articles shall the duties be reduced so a.s to sub-
ject the amount of the future revenue to the
wants of the government ? Then it was deem-
ed an inquiry of the first importance, as it
should be now, how the reduction should be
made, so as to secure proper encouragement to
our domestic industry. That this was a lead-
ing object in the arrangement of the tariff of
181C, I well remember, and it is demonstrated
by the language of Mr. Dallas.

"The subject of the American system wa.s
again brought up in 1820, by the bill reported
by the chairman of the Committee on Manufac-
tures, now a member of the bench of the Su-
preme Court of the United States, and the prin-
ciple was successfully maintained by the repre-
sentatives of the people , but the bill which
they passed was defeated in the Senate. It
was revived in 1824, the whole ground carefully
and deUberately explored, and the bill then in-
troduced, receiving all the sanctions of the con-
stitution. This act of 1824 needed amendments
in some particulars, which were attempted in
1828, but ended in some injuriei to the system ;
and now the whole aim was to save an existing
system — not to create a new one."

And he summed up his policy thus :

" 1. That the policy which we have Ijeen con-
sidering ought to continue to be regarded aa
the genuine American system.

" 2. That the free trade system, which is pro*

',r'-

i ^

".,^

'f ^-

268

THIRTY YEARS' VIEW

poHcd a* itf* Kiihutitiite, oiifrht really to be con-
eidercfl an the liritixh colonial ^yBtcm.

".'1. That the American Byntcni in l)cncflcial
to all partH of tho Union, and abaolutcly neccs-
earv to much the lai^r portion.

"4. That tho price of the p^reat Htaplo of cot-
ton, and of all our chief prcxliictionfl of agricul-
ture, has been aufltained and upheld, and a de-
cline averted by the protective Bystcm.

"3. That, if tho foreign demand for cotton
hna been at all diminiHhed by the operation of
that nystcm, tho dimintition has been more than
compensated in the additional demand created
at home.

•• <). 1'hat the constant tendency of tho syg-
tem, by creating competition among ourselves,
and between American and European industry,
rec.procally acting upon each other, is to reduce
prices of manufucturod objects.

" 7. That, in point of fact, objects within the
scope of the policy of protection have greatly
fallen in price.

" 8. That if, in a season of peace, these bene-
fits are experienced, in a season of war, when
the foreign supply might be cut off, they would
be much more extensively felt.

" y. And, finally, that the substitution of the
British colonial system for the American sys-
tem, without benefiting any section of the
Union, by subjecting us to a foreign legislation,
regulated by foreign interests, would lead to
the prostration of our manufactures, general im-
poverishment, and ultimate ruin."

Mr. Clay was supported in his general views
by many able speakers — among them, Dicker-
sou and Frelinghuysen of New Jersey ; Ewing
of Ohio; Holmes of Maine s Bell of New Hamp-
shire ; Hendricks of Indiana ; Webster and Sils-
bee of Massachusetts ; Bobbins and Knight of
Rhode Island ; Wilkins and Dallas of Pennsyl-
vania ; Spraguc of Maine ; Clayton of Delaware;
Chambers of Maryland ; Foot of Connecticut.
On tho other hand the speakers in opposition
to the protective policy were equally numerous,
ardent and able- They were: Messrs. Hayne
and Miller of South Carolina ; Brown and Man-
gum of North Carolina ; Forsyth and Troup of
Georgia ; Grundy and White of Tennessee ;
Hill of New Hampshire ; Kane of Illinois ;
Benton of Missouri ; King and Moore of Ala-
bama ; Poindexter of Mississippi ; Tazewell
and Tyler of Virginia ; General Samuel Smith
of JIaryland. I limit the enumeration to the
Senate. In the House the subject was still
more fully debated, according to its numbers ;
and like the bank question, gave rise to heat ;
and was kept alive to the last day.

General Smith of Maryland, took up the

question at once as bearing upon the harnidnv
and stability of the Union — as unfit to u.
pressed on that account as well as for its ow,, i
demerits — avowed himself a Triend to incidtntui
protection, for which he had always votwl and
oven vote<l for the act of ISlfi — which ho coti.
sidered going far enough ; and insisted that all |
"manufacturers" were doing well under it. ami
did not need the acts of 1824 and 1828, which
were made for "capitalists" — to enable thim v, I
engage In manufacturing ; and who had not tl;c
requisite skill and care, and sufTorcd, and called
upon Congn -s for more assistance. Ho gaid :

" We have arrived at a crisis. Yes, Mr. Prcf i.
dent, at a crisis more appalling than a day of
battle. 1 adjure tho Committee on Jiariufac-
*ure8 to pause — to reflect on the dissatisfaction
of all the South. South Carolina has expressed
itself strongly against the tariff of 1828—
stronger than tho other States are wiliinp t„
speak. But, sir, tho whole of the South fal
deeply the oppression of that tarifl". In this
respect there is no difference of opinion. The f
South — the whole Southern States— all, con-
sider it as oppressive. They have not yn
spoken; but w-hen they do 'speak, it will M
with a voice that will not implore, but will de-
mand redress. How much better, then, to grant
redress 1 How much better that the Commit-
tee on Manufactures heal the wound which ha.- 1
been inflicted ? I want nothing that shall in
jure tho manufacturer. I only want justice.

" I am, Mr. President, one of the few gurvi-
vors of those who fought in the war of the revo-
lution. We then thought we fought for libertv
— ^for equal rights. We fought against taxii-
tion, the proceeds of which were for the benefit
of others. Where is the difference, if the peo-
ple are to be taxed by the manufacturers or by
any others ? I say manufacturers — and why
do I say so ? When the Senate met, there was
a strong disposition with all parties to amelio-
rate the tariff of 1828 ; but I now see a change,
which makes me almost despair of any thini;
effectual being accomplished. Even the Fm.iil
concessions made by the senator from Ken-
tucky [Mr. Clay], have been reprobated by the
lobby members, the agents of the itianufac-
turers. I am told they have put their fiat on
any change whatever, and hence, as a conse-
quence, the change in the course and language
of gentlemen, which almost precludes all hope,
Those interested men hang on the Committee
on Manufactures like an incubus. I say to that
committee, depend upon your own good judg-
ments—survey the whole subject as politicians
—discard sectional interests, and study only
the common weal— act with these views— and
thus relieve the oppressions of the South.

" I have ever, Mr. President, supported the
interest of manufactures, as far as it could k

ANNO 1832. ANDUEW JACKSON. i'ia>*ll)i:Nr.

2C9

ice, as a conse-

ilone incidenUllr. I aupported the Ut« Mr.
I/iwikIvd'h bill uf 181(j. I was a meinbvr of \m
r<immittec, and that bill protvctcU the iiianiifac-
inros Hufflclontiy, except l»ar mm. Mr. I^wndca
h«i| reportfxl lifWn dollars per ton. The lloufc
reluotid it to nine doilara per ton. That act

I ewbli'd the manuracturerH to exclude importa-
tiiiiiH of certain articluH. The hatters carry on

I their business bv their sons and apprenticec,
imi tevf, if any, hats arc now imported. I^arge
({Utntities are exported, and preferred. All ar-
liclcg of leather, from tunned side to the iiiiest
hirncjis or saddle, have been excluded from im-
portation ; and wny 7 Because the busincKS is
cnnducted by their own hard hands, their own
libor, and they arc now heavily taxed by the
tiritfof 1828, to enable the rich to enter into
the maniifactures of the country. Yes, sir, I
iir the rich, who entered into the business after
the act of 1824, which prored to be a mushroom
ifiitir, and many of them sutfered severely. The
ict of 1816, 1 repeat, gave all the protection
lh«t was necessary or proper, under which the
industrious and frugal completely succeeded.
But, sir, the capitalist who had invested his
capital in manufactures, was not to be satisfied
with ordinary profit ; and therefore the act of
1^28."

Mr. Clay, in his opening speech had adverted
tn the Southern discontent at the working of the
protective tariff, in a way that showe J he felt it
to be serious, and entitled to enter into the con-
.<i(ivration of statesmen ; but considered this
-ystem an overruUng necessity of such want
and value to other parts of the Union, that the
danger to its existence laid in the abandonment,
and not in the continuance of the "American
system." On this point he expressed himself
thas: -

"And now, Mr. President, I have to make a
few observations on a delicate subject, which I
approach with all the respect that is due to its
serious and grave nature. They have not, in-
deed, been rendered necessary by the speech of
the gentleman from South Carolina, whose for-
bearan .o notice the topic was commendable,
as his argument throughout was characterized
by an ability and dignity worthy of him and of
the Senate. The gentleman made one declara-
tion which might possibly be misinterpreted,
and I submit to him whether an explanation of
it be not proper. The declaration, as reported
in his printed speech, is : ' the instinct of self-
interest might have taught us an easier way of
relieving ourselves from this oppression. It
wanted but the will to have supplied ourselves
with every article embraced in the protective
system, free of duty, without any other partici-
pation, on our part, than a simple consent to re-
1 ceive them.' [Here Mr. Hayne rote, and re-
mark^H that the passages, which iounediately

preceded ami followed the paragraph citcxi, ho
thought, plainly iiidicatetl his nunnintr, wliieli
related to eviisions of the Hystoni, by illicit in-
troduction of goods, which they were ni>t di.H-
[Kised to countenance in South Carolina.] I am
lappy to hear this explanation, Hut, HJr, it is
ini|*ottHible to conceal from our view the fact that
there is great excitement in South Carolina ; thut
the protective system is o|)enly and violently do-
nounce<l in |)opular meetings ; and that the legis-
lature itself has declared its pur|x>se of rettorting
to counteracting measures: asiiM|R-n>iionof which
has only been submitted to, for the pur|iose of
allowing Congress time to retrace its steps.
With respect to this Union, Mr. President, the
truth cannot be too generally proclaimed, nor
too strongly inculcate<l, that it is necessary to
the whole and to all the parts — necessary to
those parts, indeed, in dilferent degrees, but vi-
tally necessary to each ; and that, threats to
disturb or dissolve it, coming from any of the
parts, would be quite as indiscreet and improfK-r,
as would be threats from the residue to exclude
those parts from the pale of its benetits. The
great principle, which lies at the foundation of
all free governments, is, that the majority must
govern ; from which there is nor can hu no ap-
peal but to the sword. That nmjority ought to
govern wisely, equitably, moderately, and con-
stitutionally ; but, govern it must, subject only
to that terrible appeal. If ever one, or several
States, being a minority, can, by menacing a dis-
solution of the Union, succeed in forcing an
abandonment of great measures, deeme<l essen-
tial to the interests and prosperity of the whole,
the Union, from that moment, is practically gone.
It may linger on, in form and namc^ but its vital
spirit has fled for ever ! Entertainmg these de-
liberate opinions, I would entreat the patriotio
people of South Carolina — the land of Marion,
Sumptcr, and Pickens; of Rutledge, Ijiurens,
the Pickneys, and Lowndes ; of living and pre-
sent namr.',, which I would mention if they were
not living •; \)re8ent — to pause, solemnly pause !
and contem|i;ate the frightful precipice which lies
directly before them. To retreat, may be pain-
ful and mortifying to their gallantry and pride ;
but it is to retreat to the Union, to safety, and
to those brethren, with whom, or, with whose
ancestors, they, or their ancestors, liave won, on
the fields of glory, imperishable renown. To ad-
vance, is to rush on certain and inevitable dis-
grace and destruction.

" The danger to our Union does not lie on the
skle of persistance in the American system, but
on that of \ta abandonment. If, as I have sup-
posed and believe, the inhabitants of all north
and east of James River, and all west of tho
mountains, including Louisiana, are deeply inte-
rested in the preservation of that system, would
they be reconciled to its overthrow 1 Can it bo
expected that two thirds, if not three fourths, of
the people of the United States would consent to
the destruction of a policy believed to Ije indis-
pensably necessary to their prosperity ? When,

270

THIRTY YEARS' VIEW.

too, tliin nncrifloo Ik mode at the iniitanee of a
»in({lt' intt'nmt, which they rcrilyJwIievo will not
>K) |m>motc<l hy it 7 In ostiinatinK Ihcdi-gno of
piTil which may Ims incident to two opponitc
rourHOM of human policy, the statcpman would
Ih) Bhort-t<i|rhtc'd wno Hhould ccmtcnt hhnitelf
with vivwinit only the evils, real or imaginary,
which lielon^ to that coiinie which i» In practi-
cal operation. Ho nhould lift hlmwlf up to the
contemplation of thoM greater and more certain
dangcfH which might inevitably attend the adop-
tion of the alternative course. What would bo
the condition of this Union, if PennHylvania and
New-York, thooe i/.trnmoth memberii of our
confederacy, were firmly persuaded that their
indiiRtry woo paralyzed, and their prosperity
blightuil, by the enforcement of the British colo-
nial (tvfitem, under the delusive name of tree
trade 7 They are now tranquil, and happv, and
contented, couHcious of their welfare and feel-
ing a salutary and rapid circulation of the pro-
ducts of home manufactures and home industry
througout all their great arteries. But let that
be checked, lot them feel that a foreign system
is to predominate, and the sources of their sub-
nistenco and comfort dried up ; let New England
and the WoHt, and the Middle States, all feel
that they too are the victims of a mistaken
|x>licy, and let these vast portions of our coun-
try despair of any favoraule change, and then,
indeed, might we tremble for the continuance
and safety of this Union I "

Hero was an appalling picture presented : dis-
solution of the Union, on cither hand, and one
or the other of the alternatives obliged to be
taken. If persisted in, the opponents to the
protective system, in the South, were to make
the dissolution ; if abandoned, its friends, in the
North, were to do it. Two citizens, whose word
was law to two great parties, denounced the
same event, from opposite causes, and one of
which causes was obliged to occur. The crisis
required a hero-patriot at the head of the govern-
ment, and Providence had reserved one for the
occasion. There had been a design, in some, to
bring Jackson forward for the Presidency, in
1816, and again, in 1820, when he held back.
He was brought forward, in 1824, and defeated
These three successive postponements brought
him to the right years, for which Providence
seemed to have destined him, and which he
would have missed, if elected at either of the
three preceding elections. It was a reservation
above human wisdom or foresight ; and gave to
the American people (at the moment they wanted
him) the man of head, and heart, and nerve, to
do what the crisis required : who possessed the
confidence of the people, and who knew no

conrse. In any danger, but that of duty m,,) .^^
trioti^m ; and had no fifling, in any extremity
but tliat (lod and the people would ftU'itaiu Imn
Such a man was wantetl, in 1832, and wu f„m,\
— found iR'fore, but rcservc<l for use now.

The rcprewntativcs from the South, Rtnerailv
but especially those from South Carwllna. wjui,.
depicting the diNtretut of their section of il„.
Union, and the reversed aspect which had rom,.
upon their affairs, less prosperous now than 1» .
fore the formation of the Union, attributed tiio
whole cause of this cliange to the action of tiic
fbdcral government, in the levy and dixtrilmtion
of the public revenue ; to the protective system
which was now assuming permanency, and in-
creasing its exactions; andtoacourscofcxpcnill-
turo which carried to the North what was levleil
on the South. The democratic party generally-
concurred in the belief that this system nu
working injuriously upon the South, and that
this injury ought to Im relieved; that it was a
cause of dissatisiaction with the Union, which a
regard for the Union required to be redrcswd •
but all did not concur in the cause of Southern
eclipse in the race of prosperity which their I
representatives assigned ; and, among them, Mr.
Dallas, who thus spoke :

"The impressive and gloomy description of
the senator from South Carolina [Mr. llaynej.
as to the actual state and wretched prospcotii if
his immediate fellow-citizens, awakens the iiri-
liest sympathy^ and should command our atten-
tion. It IS their right ; it is our duty. I cannot
feel indifferent to the sufferings of any portion
of the American people ; nnd esteem it incon-
sistent with the scope and purpose of the federal
constitution, that any majority, no matter how
large, should connive at, or protract the oppres-
sion or misery of any minority, no matter how
small. I disclaim and detest the idea of making
one part subservient to another ; of feasting upon
the extorted substance of my countrymen j of
enriching my own region, by draining the fer-
tihty and resources of a neighbor ; of becoming
wealthy with spoils which leave their legitimate
owners impoverished and desolate. But, en. I
want proof of a fact, whose existence, at least as
described, it is difficult even to conceive ; and,
above all, I want the true causes of that fact to
be ascertained ; to be brought within the reach
of legislative remedy, and to have that remedy
of a nature which may be applied without pro-
ducing more mischiefs than those it proposes to
cure. The pronencss to exaggerate social evils is
greatest with the most patriotic TemportiyJ
embarrassment is sensitively apprehended to h«
permanent. Every day's experience teaches how
apt we are to magnify partial into universal dis-

ANNO isna. ANr»riF.W JACKSON, rUKHIDKNT.

271

trrin, anil with what cliiTlcultyRn exriUnl imairi-
iiiiim ivHCiics itiwif (Voni lU'HitoiKlcnry. It will
f „t do, Kir, to act upon th«> glowinir or pathetic
,|, linratiiinM of a pirtvd orator ; it will not do to
Ut>}im I'nlixtcfi, hy nrdrnt exhortations, in a
i-riiJindu afcninut pstahliHliol pyHtenw of (Mdioy ;
i: will not do to duni<dii>h th« wnlU of our cita-
,],.! to the BoiindK of |ilnintitr eloquence, or lire
ilif temple at the rail of iinpoHdioned enthu-

'• What, »ir, is tlie rnufo of Southern jlintrew 7
Iliis any jcentlcmnn yet ventunnl to dcHi((nute
1 1 Can any one <lo more than suppose, or ar-
piniontativefy asRuino it ? I am neither willing
i,(ir conip«'tent to flatter. To praise the honor-
tble senator from iSouth Carolina, would bo

'Tonrtil p*rftmn> to tli« vlnli't—
Wiuti'ftil and rtillculcui cicrM.'

But, if he has failed to discover tho sotirro of
ibe evils he deplores^ who cun unfold it ? Amid
ilie warm and indiscriminatinK denunciiitions
irith which he has assailed the policy of protect-
in;.' domestic manufactures and native pro<luce, he
frankly avows that ho would not ' deny that there
ire other causes, besides tho tariff, which have
contributed to produce tho evils which he has
ilt'picted.' What arc those ' other causes ?' In
vhflt proportion have they acted ? How much
of this dark shadowing is ascribable to each
'inirly, and to all in combination ? Would the
uriti bo at all felt or denounced, if these other
cAUses were not in operation 1 Would not, in
iict, its influence, its discriminations, its inequal-
ities, its oppressions, but for these 'other causes,'
lie ghalcen, by the elasticity and enerpy, and ex-
liaustless spirit of tho South, as ' dew-drops from
tlie lion's mane ? ' These inquiries, sir, must be
satisfactorily answered before wo can be justly
nquircd to legislate away an entire system. If
ii be the root of all evil, let it be exposed and
demolished. If its poisonous exhalations be but
partial, let us preserve such portions as are in-
noxious. If, as the luminary of day, it be pure
iiid salutary in itself, let us not wish it extin-
euished, because of tho shadows, clouds, and
liarlcness which obscure its brightness or impede
ia vivifying power.

''That other causc;:) still, Mr. President, for
Southern distress, do exist, cannot be doubted.
They combine with the one I have indicated, and
m equally unconnected with the manufiicturing
policy. One of these it is peculiarly painful to
vJTcrt to ; and when I mention it, I beg honor-
I able senators not to suppose that I do it in the
f^pirit of taunt, of reproach, or of idle declama-
tion. Regarding it as a misfortune merely, not
IS a fault ; as a disease inherited, not incurred ;
perhaps to be alleviated, but not eradicated, I
should feel self-condemned were I to treat it
other than as an existing fact, whose merit or
diRierit, apart from the question under debate, is
shielded from conunentary by the highest and
most just considerations. I refer, sir, to the
character of Southern labor, in itself, and in its

hifltwnM on othrr*. InraiwiMo of t\<ln)>tAtion tn
the cver-varjinir rhaiitrfs of hutnnn wwiriy and
existeiKv. it rettiinn the i'oii,iniinitic<< in wim'li it
iN I'stabliMhfd, in a rtniditioii of np|>nn'iit and
comparative iiiertnesM. The \\i:\\t< «( «.ri<'nr<', and
the impn»vennjitn of art, which vivify and ao-el-
erato elm-where, rnniiot in-iu'trate, or. if they d(»,
penetrate with tliiatory inclllcitiny, nnioiin iin
op*'rati\eM. They an« mereiy inxtinetive and
{MiHsive. Wliile the intellertuaf industry of olhiT
jMirtH of thin country springK ela»<ti<-iilly forward
at every fresh iinpuKe, aixi ninininl lalior is pn>-
jH'lled ond redoubled by countlisH inventions,
niarhiiH'M, and contrivancrs, instantly nnderslood
and at oiico exercised, the JSouth remains station-
ary, inaccessible to such encourajrin}? and iiivig-
oruting ai<ls. Nor is it imssiblu to be wholly
blind to the tnonil efl'eot of this sjH'cies of labor
upon those fn-emen among whom it exists. A
disrelish for huiiiblu and hardy occii|iation ; a
prido a<lvcrso to dnidgery and toil ; adirad that
to partake in the einployinents allotte<l to color,
may be accompanied also by its degradation, are
natural nnd iiievital)le. Tho high nnd lofty quali-
ties which, in other scenes and for utiier pur-
poses, characterizo and adorn our Southern
brethren, are liital to tho enduring patience, the
corporal exertion, and the painstaking simpli-
city, by which only a successful yeomanry can
be formed. When, in fact, sir, the senator from
South Carolina a.«serts that ' slaves are too im-
provident, too incapable of that minute, constant,
delicate attention, and that persevering industry
which is essential to tho success of manufactur-
ing establishments,' ho himself admits tho defect
in tho condition of Southern labor, by which the

t regress of his favorite section must bo retarded,
lo admits an inability to keep pace with tho
rest of the world. He admits an inherent weak-
ness ; a weakness neither engendered nor aggra-
vated by tho tariiF — which, as societies are now
constituted and directed, must drag in tho rear,
and be distanced in the common race."

Thus spoko Jlr. Dall-as, senator from Pennsyl-
vania; and thus speaking, gave oflcnco to no
Southern man ; and seemed to be well justified
in what he said, from tho historical fact that tho
loss of ground, in the race of prosperity, had
commenced in tho South before the protective
system began — before that epoch year, 1810,
when it was first installed as a system, and so
installed by the power of the South Carolina
vote and talent. But the levy and expenditure
of the federal government was, doubtless, the
main cause of this Southern decadence — so un-
natural in the midst of her rich staples — and
which had commenced before 1816.

It so happened, that while the advocates of tho
American system wcro calling so earnestly for
government protection, to enable tlicin to sua*

272

TIIIUTY \'tJLK»' VIKW.

tftin thefiim'lvi'N at iKmu*. (Imt tlio riiHtoin-lKiUHo
ImokN Hi'ir flinwiiix thnt k frrrnt iiinnr *'|N>ri(>M
of our iiiniiiifiiitim's, itml <s|r««(iiilly (he rofton,
u'lTc K<*i»K ul'iowl to far di^laiit count riiM ; bikI
HiiMtttiniii^ tliciiiM'lvi'H oil ri'iiioU; tlii-utrt-M H^iiiiiNt
hII roin|ii-ti(ioii, nmi iK-yotui tlio rnn^'o or nnv
help from our lawn. Mr. Clny, liiiiiwdf, n|pok'.' of
lliw uxiMirliilion, to kIiow the exccllfiKi' of our
fubricH, uiiil tliut tlioy wen- worth |irot<'Clion ; I
iiikkI tlio HiiiiK- fact to Nhowr thnt tlioy weru imk--
pi>nil(>tit of |ir(<t('ct!on ; aii<l said :

"Aii'l hire I would ask, how many nnd wliich
nn^ the nrtidi'x that rtciuire th(> pnwnt lii(rh rate
of prolcciioii ! I'lTtninly not tlic cotton niiinii-
fuctiirc; fop, the wnator from Kentucky (Mr.
(lay), wlio np|K'nrs on tJil.t fl<M)r as tlie leading;
champion of domestic nmnufartiires, and whose
arlmisnions of fiul numt heconciiiHive apninst his
ar>!;miu'nts of tluory ! tliis nenator tells you, and
dwells upon tlie disclosure with triumphant ex-
ultation, that American cottons are now exported
to Asia, and sold at a profit In the cotton mar-
kets of Canton and Calcutta! Surely, sir, our
tariff laws of 1824 and 1828 arc not in force in
]ieni;nl and China. And I ap[)eal to all mankind
for the truth of the inference, that, if our cottons
can RO to these countries, and bo sold at a profit
without any protection at all, they can stay at
homo, and l)o sold to our own citizens, without
loss, under p less protection than flily and two
hundred and fifty per centum ! Ono foct, Mr.
President, is said to bo worth a thousand theo-
ries ; I will add that it is worth a hundred thou-
sand speeches ; and this fact that the American
cottons n<iw traverse the ono-half of the circiim-
feronco of this globe — cross the equinoctial line ;
descend to the antipodes ; seek foreign markets
on the double theatre of British and Asiatic com-
petition, and come off victorious from tho eon-
test — is a full and overwhelming answer to all
the speeches that have been niado, or ever can
be made, in favor of high protecting duties on
these cottons at home. Tho only effect of such
duties is to cut off importations — to cieate mono-
poly at home — to enable our manufacturers to
sell their goods higher to their own christian fel-
low-citizens than to the pagitn worshij)per8 of Fo
and of Brahma ! to enable tho inhabitants of the
Ganges aiul the Burrampooter to wear Ameri-
can cottons u|)on cheaper terms than the inhabit-
ants of the Ohio and Mississippi. And every
"Western citizen knows the fact, that when these
shipments of American cottons were making to
the extremities of Asia, the price of these same
cottons was actually raised twenty and twenty-
five per cent., in all the towns of tho West ; with
this further difference to our prejudice, tliat we
can or>ly pay for them in money, while the in-
habitants of Asia make payment in the products
of their own country.
''This is what the gentleman's admission

pn>vt><| i but I do not onm4> hcrti to anriie nut,
a<iini«^i<int, whttlu-r raiidid or untcuank^l, nf n,^
xlvenuiry MinakiTM. I bring my own f«rtj. „^'
proof*; and, really, sir, 1 have a iiijnd to nun.
plain that thv gentlemun's adtiiixiiioti aUiiit mi.
toiiH liiut erippleii tliu funu of my ariruiiii-nt
that it lia.H weakeiuMl itneU'eel by lotting nia haii
at a time, and ilestroyed itM novelty, Uy an »nii.
ciiMtfd revi'lation. The truth is, I have thix f«,I
(tliat we exported <lomei<ti(' cottons) trittiiiiri,|
up my magazine of nmti-rial I and iriUni|..|
t<; produce it, ut tho proinr time, to xhow the
we » )rted this article, not to Canton Hiidc^i;
cutta ttlouj, but to all 'I'lurtersof tliegliiln); „„(
B few cargoes only, In way of oxperinii.nt,' Imh
in groat fpiitiititien, iw a regular trade, to iht
amount of a luiliioii iiiid a quarter of dullari
annually ; and that, of this amount, no less tliaii
forty thousand ilollars' worth, in tho year 1k;m
Itad done what the combined fleets and aniii( <
of tho world could not do ; it hati scnltxl n^,
rock of Gibraltar, iMsnctratcd to the hi-art of tin.
British garrison, taken imssesslon of his Britan-
nic Majesty's soldiers, bound their anna, legg,uii,|
bodies, and strutted in triumph over the ram-
parts and batteries of that unattockablo fortn-M
And now, sir, I will use no more of the gentle-
man's admissions ; I will draw upon my onn
resources ; and will show nearly the whole lint
of our domestic manufactures to l>e in the tianie
flourishing condition with cottons, actually goin;.
abroad to seek competition, without protection, |
m every foreign clime, and contending vict(h
riously with foreign manufactures wherever thev
can encounter them. I read from the cugtoni-
house retui-ns, of 1830— the laat that has Utn
printed. Listen to it :

"This is tho list of domestic manufactures ex-
ported to foreign countries. It comprehend! the
whole, or nearly the whole, of that long cata-
logue of items which the senator from Keutuci(y
[Mr. Clay] read to us, on the second day of hk
discourse ; and shows tho whole to bo goini?
abroad, without a shadow of protection, to setk
competition, in foreign markets, with tho foreign
goods of all the world. The list of articles 1
have read, contains near fifty varieties of manu-
factures (and I have omitted many minor arti-
cles) amounting, in value, to near six millions ol'
dollars ! And now behold the diversity of human
reasoning ! The senator from Kentucky exlii-
bits a list of articles manufactured in tho United I
States, and argues that the slightest diminution
in tho enormous protection they now enjoy will
ovei-whelm the whole in ruin, and cover the
country with distress ; I read the same identical
list, to show that all these articles go abroad
and contend victoriously with their foreign rivals (
in all foreign markets."

Mr. Clay had attributed to tho tariffs of 1824 1
and 1828 the reviving and returning prosperity
of the country, while in fact it was the met«
effect of recovery from prostration, and in spite

ANNO tUl AXURKW J.\t K.-M>\. nih>H»i:.N T.

973

JOhM! UriiTii, ilWlMul of l>y their h('l|>. liusi-
nrm IimI Ix'cn |pniii|{lit t<> k Mtatid ilurin^ llic
jjontniuM |M'ri<tli'
lui-nt uf tlio Hank or thu CiiiU*! SiuttN. Il hm
iprrtml of MU^nation, of MtllciiHiit, cif itaying
lip, of iTPttiti); i-lcnr of loam
tin- burtlion iiikUt which )il> had \i>\m Ixin pros-
trttr, Bixl K*'tli>iK on hin fiTt tk^iM. l\\ the
^Vttt I know that thia waM tho {irootsD, and that
iiir rcvivc'il imwiMrity wax cntin-ly tlio- rc'stilt
• t our own rusourciM, indciiciidint of, and in
.pito of feikral li-(;i'<lation ; and to Ui.>clari.'d it in
my gpotfli. I said :

"The fln'' cftl-cta of tlie hijth tariff npon the
protipority oi tho West have bven ci'ivhratcd on
thin iloor: with how much rcoMon, let fiictM rcs-
piind, and tho penpio jud^c ! I do not tliink wo
ire indebted to the ninh tariff for our fertile
lunds and our navi|!;ablo rivers ; and I am ci>r-
iiin wo are indebted to these blcssin^^H for tho
|irogperity we enjoy. In all that comes fW)m
ihe nod, tho jMHiple of tho West are rich. They
hive an abundant supply of food for man and
iKWit, and a larf^o surplus to sctid abroad. They
hive the comfortable livinfi^ which industrv ere-
ttei for itself in a rich soil ; but, beyond this.
they are poor. They hove none of the splcndiii
irorki which imply tho presence of tho moneyed
povrer I No Appian or Flaminian ways ; no
raa(l« paved or iMcAdamized ; no canals, except
irhat are mado npon borrowed means ; no aque-
ducts ; no bridges of stone across our innume-
nble streams ; no edifices dedicated to eternity ;
no Khools for tho fine arts: not a public library
for which an ordinary scholar would not npolo-
pte. And why none of those things ? Have th(<
people of tho West no taste for public improve-
ments, for the useful and tho fine arts, and for
literature ? Certainly thev have & very strong
tute for them ; but they have no money I not
enough for private and current uses, not enough
to defVay our current expenses, and buy neces-
mti ! without thinking of public improvo-
ments. We have no money I and that is a tale
viiich has been told too often here — chanted
too dolefully in the book of lamentations which
vas composed for tho death of the Maysville
road— to be denied or suppressed now. They
hare no adequate supply of money. And why ?
Have they no exports? Nothing to send
ibroad ? Certainly they have exports. Behold
the marching myriads of living animals annually
taking their departure from the iieart of the
West, defiling through the gorges of tho Cum-
berland, the Alleghany, and the Apalachian
mountains, or traversing the plains of the South,
diverging as they march, and spreading them-
selves all over that vast segment of our territo-
rial circle which lies between the debouches of
I the Mississippi and the estuary of the Potomac!

Vol. I.— 18

lU'hold, 0,1 lliii oth* r li.iml. tli« tluui; 1 li auH
IxiniM, mill i)ii< tUrt>« i>( IliNtiMit arkt. |i>nil<<|
with tl:<' |ri"iiirtH i.f the fnn Kt, tlir lurni, nii.l
llie |<«>liiri*. r<il|iiMriti(r tlie rtiiiri'e of our noMc
ri*!!^, and Uaring ihiir fnitrhts to ilint annt
city winch n-\ivi'«, ii|n>ii the l>«hkit of tlic Mis.
".•(•ipl'l, the iiii'ne* of till' ({rii»le«t ol the i'ni|>«'-
kth ilint ever reipied u|Min llui Imnk't of tin*
'I'lU-r, iiiid who eeli|we(l the \:U>rY ol' IiIm own
heroic e\|iloiti« by ^iviii); nil onjrr to hiii lr(tioiiK
never to levy a etintribution of Mill u|Min a K< ■
■ nan citizen ! Heboid tliit double line of ex-
ports, and observe the refluent eiirrents ol" jjoM
uiul Hiiver which residt IVuin tlietn ! I.uiv'e iin.'
the HU| plies — millions are the ainoiitit which in
niiniially poun-d into the West from these dou-
ble exportiitions; enounh to cover the fiiee of
the earth with magnitlcei^ iinpi-oveinents, and
to cram every m<liiHtriouH |Nicket with ptid luid
silver. Hut where is this nii • •• ' for it is not
in tho country! Where does u n"'/ for p> it
does, and scarcely leaves a vestige of its transit
l)ehind! Sir, it goi's to the Northeast! to the
scat of tho Ameriuaii system ! there it goes !
and thus it goes !"

Mr. Clay had commenced his s|H.'ech with an
ap<jlogy fur what migh' us deemed failing pow-
ers on account of advancing age. lie said h«
was getting old, and might not ho uble to fiillil
tho exiKictation, and n-quite thu attention, of the
attending crowd; and wished tho task could
have fallen to younger and abler hands. This
apology for ago when no diminution of mental
or bodily vigor wivh perci'ptilJe, induced seve-
ral speakers to commence their repliejj with al-
lusions to it, generally coin[>liinentary, but not
admitting tho fact. Mr. llayne gracefully t^uid,
that ho had lamented tho advances of age, and
mourned tho decay of his elcMineucc, so elo-
quently as to prove that it mis Ktill in full vigor :
and that ho had made an uble and ingenious
argument, fully sustaining his liigh reputation
as an accomplished orator. Geiutral Smitli,
of Maryland, said that Iio could not complain
himself of the infirmities of age, though older
than the senator from Kentucky, nor could fiiwl
in hia years any apology for tho msufficiency 0/
his speech. Mr. Clay thought this was intended
to be a slur upon him, and replied in a spirit
which gave ri.so to the following sharp encounter:

" Mr. Smith then rose, and said he was sorry
to find that he had unintcntioually oilendcd thu
honorable gentleman from Kentucky. In refer-
ring to the vigorous ago he himself enjoyed, ho

• "Aurollftn," whose name wan glv«n to th» nillltiry »ta
tlon fpiutklluiu) wliicli was afturvviinti cuiru|/iail Ip'o "Or
Ivana.**

274

THIRTY YKARS' VIF.W.

hii'l not RiippoKt'd hv .■iliouM pive offence toothers
wlio cuiii]ilainc(l of tli<' iiifinnitiL'.s of njre. The
'ri'iitlcnmn from Kentucky wiia the last who
sl'Hild tiike the remark as disparaging to his
vif;or and jK-rsonal appearance; for, wlien tliat
frentleman spoke to us of his ap*;, he heard n
young lady near liim cxchiim — •• Old, why J
think he is miglity pretty." The honorable
gentleman, on Friday last, made a similitude
where none existed. I, said Mr. S., had suggest-
ed the necessity of mutual forbearance in set-
tling the tariil'. and, thereupon, the gentleman
voeifen 'ed loudly and angrily about removals
from office. lie said I was a leader in the sys-
tini. I deny the fact. I never exercised the
least influence in effecting a removal, and on the
contrary,! interfered, successfully, to prevent the
r(!moval of two gentlemen in office. I am charg-
ed with making a committee on roads and canals,
iulverse to internal improvement. If this be so,
it is by mistake. I certainly supposed every
gentleman named on that committee but one to
be friendly to internal improvement. To the
committee on manufactures I a.ssigned four out
of five who were known to be friendly to the
protective system. The rights of the minority,
in' had endeavored, also, in arranging the com-
mittee, to secui'C. The appointment of the com-
mittees he had found one of the most difficult
and onerous tasksjia had ever undertaken. One-
third of the house were lawyers, all of whom
wanted to be put upon some important commit-
tee. The oath which the senator had tendered,
he hoped he would not take. In the year 1795,
Sir. S. said, he had sustained a protective duty
against the opposition of a member from Pitts-
Ijurg. Previous to the year 1822, he had always
given incidental support to manufactures, in fix-
ing the tariff. He was a warm friend to the
tariff of 181G, which he still regarded as a wise
and beneficial law. He hoped, then, the gentle-
man would not take his oath.

" Mr. Clay placed, he said, a high value on the
compliment of which the honorable senator was
the channel of communication ; and he the more
valued it, inasmuch as he did not recollect more
than once before, in his life, to have received a
similar compliment. Ho was happy to find that
the honorable gentleman disclaimed the system
of proscription ; and he should, with his appro-
bation, hereafter cite his authority in opposition
to it. The Committee on Iloads and Canals,
whatever were the gentleman's intentions in
constructing it, had a majority of members
whose votes and speeches against internal im-
provements were matter of notoriety. The gen-
tleman's appeal to his acts in '95, is perfectly
safe ; for, old as I am. my knowledge of his course
does not extend back that far. lie would take
the period which the gentleman named, since
1822. It comes, then, to this : The honora-
ble gentleman was in favor of protecting man-
ufactures ; but he had turned — I need not use
the word — he has abandoned mauufacturcs.
Thus:

'OM pi)llt|p|»n« rli»w on wlMlnm pa.>t.
And tMer on in blumliMi ti> Ui<' lii-t.'

" Mr. Smith. — The last allusion is unwortht
of the gentleman. Totter, sir, I tottir? Tlioiii-ii
some twentj* years older than the gentUmati I
ran yet stand firm, and am yet able to corr(.ct
his errors. I could take a view of the pcntk-
man's course, which would show how inconsis-
tent he has been. [.Mr. Clay exclaimed : "fake
it, sir. take it — I dare you.' [Cries of "order."!
No, sir, said Mr. S,. 1 will not take it. 1 will
not so fur disregard what is due to the dignity
of the^Senate." |

Mr. Ilaync concluded one of his speeches witli
a declaration of the seriousness of the Southern
resistance to the tariff, and with a feeling apptal
to senators on all sides of the house to meet their |
Southern brethren in the spirit of conciliation,
and restoie harmony to a divided people by re
-.g from among them the never-failing source I
of contention. He said:

" Let not gentlemen so far deceive themselves 1
as to suppose that the opposition of the South to I
the protecting system is not based on hi<:h anjl
lofty principles. It has nothing to do with par- 1
ty politics, or the mere elevation of men. Itl
rises far above all such con.siderationa. Nor Is I
it influenced chiefly by calculations of interest I
but is founded in much nobler impulses. TIibI
instinct of self-interest might have taught us an I
easier w^ay of relieving ourselves from this o\\- (
pression. It wanted but the will, to have siip-j
plied ourselves with every article embraced inl
the protective syctem, free of duty, without anyf
other participation on our part than a simple con-l
sent to receive them. But, sir, we have scorned,!
in a contest for our rights, to resort to any but!
open and fair means to maintain them. Thei
spirit with which wo have entered into thisi
business, is akin to that w^hich was kindled inl
the bosom of our fathers when they were made the|
victims of oppression ; and if it has not displayed
itself in the same way, it is because we have ever
cherished the strongest feelings of confratemit}')
towards our brethren, and the warmest and
most devoted attachment to the Union. If wo
have been, in any degree, divided amon;? ourJ
selves in this matter, the source of that divisionJ
let gentlemen be assured, has not arisen so mucl/
from any difference of opinion as to the trua
character of the oppression, as from tlie diflcrentt
degrees of hope of redress. All parties have fua
years past been looking forward to this crisii
for the fulfilment of their hopes, or the confirJ
mation of their fears. And God grant that tli^
result may be auspicious.

" Sir, I call upon gentlemen on all sides of tlid
House to meet us in the true spirit of conciliation
and concession, llemove, I earnestly beseccn
you. from among us, this never-failing source ol
contention. Dry up at its source this fountain

IrrBUC LANDS.— DIS

ANNO 1«32. ANDREW .lACKSON. riUlSIDKNT.

275

f t!ie waters of Mttornoss. Roptorc that har-

^onv whicli lins hoin di.-tiirljcd — tliat iniitiml

lifeiion and confltli-nco wliich lias been impair-

•1. Ami it is ill your power to do it this day ;

.;t tliiTC ia but 0!ie means under heaven by

thicli it can — by doiii<i equal Justice to all. And

I V' assured th"t he to whom the country shall Ix;

Ipdibted for this blessinp, will be considered as

];hc second founder of the republic. He will be

juv-anled, in all aflertimcs, as the ministerinf?

L,2il visitinjT the troubled waters of our politi-

1 -jj ilissensions, and restoring to tho element its

lioaling virtues."

I take pleasure in quoting these words of Mr.
I llavne. They are words of moderation and of jus-
ljfe_of sorrow more than anger — of cxpostula-
[m more than menace — of loyalty to the Union
I -of supplication for forbearance ; — and a moving
Isnpcal to the high tarifi' party to avert a nation-
lil catastrophe by ceasing to bo unjust. His mo-
Ijration, his expostulation, his supplication, his
jippcal — had no effect on the r jority. The pro-
irotive system continued to Ip an exasperating
•lieme throughout the session, which ended with-
jvit any sensible amelioration of the system,
l;hoiigh with a reduction of duty on some articles
Idcoinfort and convenience ; as recommended by
I President Jackson.

CHAPTER LXX.

frrcUC LAJvDS.-DISTEIBUTION TO TIIK STATES.

Iliir. elTorts wliich had been making for years to
Licliorate the public land system in the feature
|«f their sale and disposition, had begun to have
licir effect — the effect which always attends
Liscverance in a just cause. A bill had ripen-
Itii to a third reading in the Senate reducing the
Iprice of lands which had been long in market
]':5s tlian one half— to fifty cents per acre — and
lite pre-emption principle had been firmly esta-
lliishcd, securing the settler in his home at a
liicd price. Two other principles, those of do-
lations to actual settlers, and of the cession to

States in which they lie of all land not sold
|rilhin a reasonable and limited period, were all

; was wanting to complete the ameliorated
livitem which the graduation bills proposed ;
liiiii these bills were making a progress which
IjEomised them an eventual success. All the
■Mications were favorable for the speedy ac-

complishment nf tlu'se great n-furm-* in the
land system when the session of 18.'U-^^2 opt-n-
cd, and with it the authintic annunciation of
tha extinction of the public debt within two
years — which event would remove the objection
of many to interforins with the subject, the
lands being pledged to that object. This ses^-
sion, preceding the presidential election, and
gathering up so many subjects to go into the
canvass, fell upon tho lands for that purpose,
and in the way in which magazines of grain in
republican Rome, and money in the treasury in
democratic Athens, were accustomed to be dealt
with by candidates for ofiicc in the periods of
election ; that is to say, were proposed for dis-
tribution. A plan for dividing out among the
States for a given period the money arisini;
from the sale of the lands, was reported from
the Committee on Manufactures by Mr. Clay, a
member of that committee — and which proper!}'
could have nothing to do with the sale and dis-
position of the lands. That report, after a gen-
eral history, and view of the public lands, cunio
to these conclusions :

"Upon full and thorough consideration, the
committee have come to the conclusion tliat it
is inexpedient either to reduce the price of the
public lands, or to cede them to the new StJiles.
They believe, on the contrary, tlu^t sound policy
coincides with the duty which has devolved on
the general government to the whole of the
States, and the whole of the people of the
Union, and enjoins the presci"vation of the ex-
isting system as having been tried and approv-
ed after long and triumphant experience. But,
in consequence of the extraordinary financial
prosperity which the United States enjoy, the
question merits examination, whether, whilst
the general government steadily retains the
control of this great national resource in its
own hands, after tlie payment of tlie public
debt, the proceeds of the sales of the public
lands, no longer needed to meet the ordinary
expenses of government, may not be beneficial-
ly appropriated to some other objects for a lim-
ited time.

" Governments, no more than individuals,
should be seduced or intoxicated by prosperity,
however flattering or great it may be. The
country now happily enjoys it in a most unex-
ampled degree. We have abundant reason to
by grateful for the blessings of peace and plen-
ty, and freedom from debt. But we must be
forgetful of all history and experience, if we in-
dulge the delusive hope that we shall always bo
exempt from calamity and reverses. Seasons
of national advei-sity, of suffering, and of war,
will assuredly com^ A wi.-e governineut

■/ I

1. *f'>«.'

276

THIRTY YEARS' VIEW

sJiould pxpt'ct, ami provide for them. Instead
of wastinj: or HcniuiKkTiiip; its resources in a jx--
riol of frini-ra! prosjKTity, it shonUl husband
ntid cticrish them for those times of trial and
dillieulty, which, in the dispensations of I'rovi-
deiice, n.iiy Iks certainly anticipated. Enter-
taininp these views, and as the proceeds of the
sales of tlie public lands are not wanted for or-
dinary revenue, which will be abundantly sup-
jiiied from the imposts, the committee respcct-
i'lilly recommend that an appropriation of them
bi.' ma<le to some other j)urpose, for a limited
time, subject to be resumed in the contingency
of war. Should such an event unfortunately
occur, the fund may be withdrawn from its
jH'uceful destination, and applied in aid of other
means, to the vigorous prosecution of the war,
and, afterwards to the payment of any debt
wliich may be contracted in consequence of its
existence. And when peace shall be again re-
stored, and the debt of the new war shall have
been extinguished, the fund may be again ap-
propriated to soTne fit object other than that of
the ordinary expenses of goyernment. Thus
may this great resource be preserved and ren-
dered subservient, in jwace and in war, to the
common benefit of all the States composing the
Union.

'• The inquiry remains, what ought to be the
specific application of the fund mider the restric-
tion stated ? After deducting the ten per cent,
proposed to be set apart for the new States, a
l)nrtion of the committee would have preferred
that the residue should be applied to the ob-
jects of internal improvement, and colonization
of the free blacks, under the direction of the
general government. But a majority of the
committee believes it better, as an alternative
for the scheme of cession to the new States,
and as being most likely to give general satis-
faction, that the residue be divided among the
twenty-four States, according to their federal
representative population, to be applied to edu-
cation, internal improvement, or colonization, or
to the redemption of any existing debt contract-
ed for internal improvements, as each State,
judging for itself, shall deem most conformable
with its own interests and policy. Assuming
the annual product of the sales of the public
lands to be three millions of doUirs, the table
hereto annexed, marked C, sh rt's what each
State would be entitled to receive, according to
the principle of division which has been stated.
In order that the propriety of the proposed ap-
propriation should again, at n day not very far
distant, be brought under the review of Con-
gress, the committee would recommend that it
be limited to a period of five years, subject to
the condition of war not breaking out in the
mean time. By an appropriation so restricted
as to time, each State will bo enabled to esti-
mate the probable extent of its proportion, and
to adapt Its measures of education, improve-
ment, colonization, or extinction of existing
debt, accordingly.

" In conformity with the views and prinrji.ijj
which the committee have now sulmiiiUil, tl,, v
Ix'g leave to report a bill^ entitled -An act t.
appropriate, for a limited tmic. the procictis „•
the sales of the public lands of the Lnitcj
States.' "

The impropriety of originating such a bill in
the committee on manufactures was so clear that
acquiescence in it was impossible. The chair
man of the committee on public lands irniiiLdj.
ately moved its reference to that eoinniittci •
and although there was a majority for it in tli,.
Senate, and for the bill as it came from thu com-
mittee on manufactures, yet the reference wa,
immediately voted ; and Mr. Clay's report .iikj
bill sent to that committee, invested witii {.'cn.
eral authority over the whole subject. That
committee, through its chairman, Mr. Kin" of j
Alabama, made a counter report, from wliidi
some extracts arc here given :

" The committee ventures to suggest that the i
view which the committee on manufactures lias
taken of the federal domain, is fundamental I v
erroneous ; that it has misconceived the trn ■ I
principles of national policy with respect to wiifj ]
lands ; and, from this fundamental niii-tnke ;iii<l
radical misconception, have resulted the print j
errors which pervade the whole structure ol
their report and bill.

'• The committee on manufactures seem to I
contemplate the federal domain merely as an j
object of revenue, and to look for that reveniu'
solely from the receivers of the land offices : |
when the science of political economy has ascer-
tained such a fund to be chiefly, if not exchi-
sively, valuable under the aspect of population
and cultivation, and the eventual extraction ul |
revenue from tlie people in its customary nioiie
of taxes and imposts.

" The celebrated £dmund Burke is supposed I
to have expressed the sum total of political wi- 1
dom on this subject, in his well-known projio?!-
tions to convert the forest lands of the British I
crown into private property ; and this commit-
tee, to spare themselves further argument, and
to extinguish at once a political fallacy whicli |
ought not to have been broached in the nini-
teenth century, will make a brief quotation (Voi
the speech of that eminent man.

i' ' The revenue to be derived from the sale of I
the forest lands will not be so considerable as
many have imagined ; and I conceive it wouM
be unwise to screw it up to the utmost, or even
to suffer bidders to enhance, according to tiieii |
eagerness, the purchase of objects wherein the
expense of that purchase may weaken the capi-
tal to be employed in their cultivation. * * '
The principal revenue which I propose to draw
from these uncultivated wastes, is to spring I'roiu |
the improvement and cultivation of the kingdom

ANXO ISaj. ANI»UK\V JACKSOV. PU|-,sn)KNT.

,f ■

■'ely more advnntapTO'is fo tlio rcvo-
ice ••' rown. tlian tho n-nts of the U>st

lainloii '. >'S which it can h«M. ♦ • • »
li is thi'. !iat I would dispose of the- unprotita-
|,le lanilcvl estates of the Crown — throw them
jiiio tlic mass of private proiwrty — l>y wliich
ihey will come, throuph the course of cireula-
lioii. and throuph the political secretions of the
state, into well-regulated revenue. ♦ ♦ ♦ ♦
flius would full an expensive agency, with all
!l,e influence which attends it.'

•■ Tills committee takes leave to say that the
tentinicnts here expressed hy Mr. Hurkc are the
i;i,«|)irations of political wisdom; that their truth
jiitl justice have been tested in all apes and all
foiintrics, and particularly in our own ap:e and
ill our own country. Tho history of tho public
l\n(l.s of the United States furnishes the most
instructive lessons of the inutility of sales, the
value of cultivation, and the fallacy of large cal-
culations. These lands wore expected, at the
time they wore acquired by tho United States, to
|,ay otf the public debt immediately, to support
the povernment, and to furnish large surplusses
fur distribution. Calculations for a thousand
millions were made upon them, and a charge of
ircachery was raised against General Hamilton,
then Secretary of the Treasury, for his report in
iliL-year 1791, in which the fallacy of all these
visionary calculations was exposed, and the real
value of the lands soberly sot down at an aver-
age of twenty cents per acre. Yet, after an ex-
]nriment of nearly fifty years, it is found that
the sales of the public lands, so far from paying
the public debt, have barely defrayed the ex-
piiises of managing the lands ; while the rcvc-
ime derived from cultivation has paid both prin-
cipal and interest of the debts of two wars, and
supported the federal government in a style of
expenditure infinitely beyond the conceptions of
those who established it. Tho gross proceeds
of the sales are but thirty-eight millions of dol-
lars, from which the large expenses of the sys-
tem are to be deducted ; while the clear receipts
from the customs, after paying all expenses of
rollection, amount to $556,443,830. This im-
mense amount of revenue springs from the use
of soil reduced to private property. For the
duties are derived from imported goods; the
poods are received in exchange for exports ; and
the exports, with a small deduction for the pro-
ducts of the sea, are the produce of the farm
and the forest. This is a striking view, but
it is only one half of the picture. The other
half must be shown, and will diiplay the culti-
vation of the soil, in its immense exports, as
dving birth to commerce and navigation, and
supplying employment to all the trades and
professions connected with these two grand
branches of national industry ; while the busi-
ness of selling the land is a meagre and barren
operation, auxiliary to no useful occupation, in-
juiious to tho young States, by exhausting them
of their currency, and extending the patronage
of the federal government in the complicated

marhinery of the land offlre department, .'^uch
ha.s In-en the ditleronce iK'tween the revenue re-
reive*! from the sales and fioin the cultiviitinn
of the liin<l ; but no |>owers of c<iltivation can
carry out the diU'frenro, and show what it will
be: for, while the sale of the land is a siuirle
oiHration, an<l can be performed but once, the
extraction of revenue from its eultivatiou is an
annual ami iHTjR'tual process, incri>asing in pro-
ductivene.ss throufrh all time, with the increa.<e
of population, the amelioration of soils, the iin-
pnjvement of the country, and tho application
of science to the industrial pursuits.

'• This committee have said that the bill re-
ported by the Committee on Manufactures, to
divide the proceeds of the .sales of public land^
among the .several States, for a limited time, is a
bill wholly inadmissible in principle, and es.-en-
tially erroneous in its details.

'• They object to the principle of the bill, be-
cause it proposes to change — and that most in-
J!iriously and fatally for the new State.s, the
character of their relation to the federal govern-
ment, on the suliject of the public lands. That
relation, at present, impo.ses on the federal go-
vernment the character of a tnistee. with the
power and the duty of disposing of the pul)lic
lands in a liberal and equitable manner. The
principle of the bill proposes to substitute an
individual State interest in the lands, and woidd
be perfectly equivalent to a division of the lands
among the States ; for, the power of legislation
being left in their hands, with a direct interest
in their sales, the old and populous States would
necessarily consider the lands as their own, and
govern their legislation accordingly. Sales
would be forbid or allowed ; surveys stopped or
advanced ; prices raised or lowered ; donatiors
given or denied ; old French and Spanish cl'-ims
confirmed or rejected ; settlers oustetl ; emigra-
tions stopped, precisely as it suited the interest
of the old States ; and this interest, in every in-
stance, would be precisely opposite to the inte-
rest of the new States. In vain would some just
men wish to act equitably by these new States ;
their generous eflbrts would expose them to at-
tacks at home. A new head of electioneering
would be opened; candidates for Congre.sfe would
rack their imaginations, and exhaust their arith-
metic, in the invention and display of rival pro-
jects for the extraction of gold from the new
States ; and he that would promise best for pro-
moting the emigration of dollars from the new
States, and preventing the emigration of people
to them, would be considered the best qualified
for federal legislation. If this plan of distribu-
tion had been in force heretofore, the price of
the public lands would not have been reduced,
in 1819-'20, nor the relief laws passed, which
exonerated the new States from a debt of near
twenty millions of dollars. If adopted now,
these States may bid adieu to their sovereignty
and independence ! They will become the feu-
datory vassals of the paramount States ! Their
subjection and dependence will be without limit

•f,;

278

'IIIII'.TV YKAIirs* VIEW.

(ir n'liu'lly. 'I'ho (Ivo yenrs nivntioiieil in the
liill Imil ar* well !«• llfly or five hunilnd. 'l\w
Miit(! tlint would 8iirri'inltT its Hovi'rt'i)iiity, for
It'll |M'r cintiim of its own money, would filijim-
till' Colly of Ksjiu, and iKConie a proveri) in thu
luniai.s of folly with thone who have sold their
birthright for ' a mess of iM)ttiigc.' "

After these general objections to the princijile
ntid policy of the distribtition project, the report
of the Committee on Public Lands went on to
hliow its defects, in detail, and to exhibit the
special injuries to wliich it would subject the
new .States, in which the public lands lay. It,
Raid :

" The details of the bill are prcgn;>nt with in-
justice and unsound policy.

" 1. The rule of distribution amonp: the States
makes no distinction between those States which
(lid or did not make cessions of their vacant land
to the federal government. Massachusetts and
Maine, which are now selling and enjoying their
vacant lands in tlieir own right, and Connecti-
cut, which received a deed for two millions of
acres from the federal government, and sold them
for her own benefit, are put upon an equal foot-
ing with Virginia, which ceded the immense do-
main which lies in the forks of the Ohio and
Missis.sippi, and Georgia, which ceded territory
for two States. This is manifestly unjust

"2. Tiie bill propo.ses benefit? to some of the
States, which they cannot receive without dis-
honor, nor lefuse without pecuniary prejudice.
Si!veral States deny the power of the federal
government to ai)propriate tlie i)ublic moneys to
oSjects of internal improvement or to coloniza-
tion A refusal to accept their dividends would
subject such Stiites to loss ; to receive them,
would imi)ly a sale of their constitutional prin-
ciples for so much money. Considerations con-
nected with the harmony and perpetuity of our
confederacy should forbid any State to be com-
pelled to choose between such alternatives.

"3. The public lands, in great part, were
granted to the federal government to jiay the
debts of the Revolutionary War ; it is notorious
that other objects of revenue, to wit. duties on
imported goods, have chiefly paid that debt. It
would seem, then, to be just to the donors of the
land, after having taxed them in other ways to
pay the debt, that the land should go in relief
of their present taxes ; and that, so long as any
revenue may bo derived from them, it should go
into the common treiisury, and diminish, by so
much, the amount of their annual contributions.

" 4. The colonization of free people of color,
on the western coast of Africa, is a delicate
question for Congress to touch. It connects it-
self indissolubly with the slave (piestion, and
cannot be agitated by the federal legislature,
without rousing and alarming the apprehensions
of all the ttlaveholding States, and lighting up
the fires of tlie extinguished couilagratioD which

lately blazed in the MisRnuri f|ucstioii. i)^
harmony of the Slates, and thednraliilitv of t) V
confederacy, interdict tlie legislation of flio (,,,|,,'
ral legishiture upon this subject. 'I'licc.xisti i,,.,. '
of slavery in the l'nite<l States is 1<k-ji1 ninl s, ,,,
tional. It is confined to the Southern iiml .^|j,l.
die States. If it is an evil, it i.-< nn tvil to tin n,
and it is their fmsincss to say so. If it is to l,!
removed, it is their business to remove it. Otlirc
States put an end to slavery, at their own tim,.
and in their own way, and witfiout inti rftn nrj
from federal or State legislation, or organizid .-(,.
cieties. The rights of equality demand, f<,v tie
remaining States, the same freedom of tlioii-l,t
and immunity of action. Instead of assuiiMn,,
the business of colonization, leave it to the A:\\'.
holding States to do as they jtlease ; ami leu,,
them their resources to carry into effect tluir
resolves. Raise no more money from them than
the exigencies of the government require. aii.|
then they will have the means, if they feel tli.i
inclination, to rid themselves of a burden whidi
it is theirs to bear and theirs to remove.

"5. The sum proposed for distribution, thoupli
nominally to c- nsist of the net proceeds of tin..
sales of the public lands, is, in realit}', to coiisi>t |
of their gross proceeds. The term net, a,s aii-
plied to revenue from land ollices or cu.stoin- 1
hon.«e3, is quite diflerent. In the latter, its |
signification corresponds with the fact, and im-
plies a deduction of all the expenses of collection ■ I
in the former, it ha.s no such iiniilication, for tin; I
expenses of the land system are defrayed by a-i- 1
propriations out of the treasury. To make tlie I
whole snm received from the land offices n hiA I
for distribution, would be to devolve the lieavv|
expenses of the land system upon the custoni-
house revenue : in other words, to take so mucii |
from the custom-hou.se revenue to be dividnl
among the States. This would be no sranlil
item. According to the principles of the nccoimt
rlrawn up against the lands, it would embrace— |

" 1 . Expenses of the general land office.

" 2. Appropriations for surveying.

" 3. Expenses of six surveyor generals' oiTicos, I

" 4. Expenses of forty-four land offices.

" 5. Salaries of eighty-eight registers and re-
ceivers.

" C. Commissions on sales to registers and re-|
ceivers.

"7. Allowance to receivers for depiisitin^
money.

" 8. Interest on money paid for extinguishing
Indian titles.

'^9. Annuities to Indians.

" 10. Future Indian treaties for extiuguishin::|
title.

"11. Expenses of annual removal of Indi.in*

"These items exceed a million of dollars. TiieTl
are on the increase, and will continue to grow atl
least until the one hundred and thirteen millionl
five hundred and seventy-seven thousand ciplitj
hundred and sixty-nine acres of land within tliol
limits of the States and territories now covcml
by Indian title shall be released from such titk,!

I improvement, to

ANNO 1832. ANDUKW JACKSON, PKH'iIDKNT

279

yho nduction of thi'.»o items, prewnt niul to
ci,in(!. from the proposed fuiui for distribution,
niiist certainly bo ninilo U) avoid a contrsdii'tion
UHVit-n the profi'ssiiin and the practice of the
l,ill; andlliis rcdiution miRht leave little or no-
thinp for division anioiiR the distributees. The
rtvss proceeds of the land sales for the last year
Here larpe ; they exceeded three millions of dol-
lirsj but they were equally larp;o twelve years

1 1;(), and gave birth to .some extravagant calcu-
;,aions then, which vanished with a sudden de-
oliiie of the land revenue to less than one mil-

llion. The proceeds of 1819 were $3,274,422 ;
iluisc of 1823 were $910,523. The excessive
Niles twelve years ago resulted from the exces-
sive issue of bank paper, while those of 1831
«re produced by the Fcveral relief laws passed
bv Congress. A detached year is no evidence
of the product of the sales ; an average of a scries
of years presents the only approximation to cor-
itctness ; and this average of the last ten years
would be about one million and three quarters.
So that after all cxpen.ses are deducted, with the
live per centum now pa)'able to the new States,
tnd ten per centum proposed by the bill, there
may be nothing worth dividing among the States ;
artainly nothing worth the alarm and agitation
irhich the assumption of the colonization ques-
tion must excite among the slaveholding States;
nothing worth the danger of compelling the old
Slates which deny the power of federal internal

I improvement, to choose between alternatives
rtich involve a sale of their principles on one
i\k. or a loss of their dividends on the other ;
certainly nothing worth the injuiy to the new
jiates, which must result from the conversion
of their territory into the private property of
those who are to liave the power of legislation
lover it, and a direct interest in using that power
[to degrade and impoverish them."

The two sets of reports were printed in extra
I numbers, and the distribution bill largely debated
in the Senate, and passed that body : but it was
irrested in the House of Representatives. A
I motion to postpone it to a day beyond the session
equivalent to rejection — prevailed by a small
I majority : and thus this first attempt to make
I liistribution of public property, was, for the
I lime, gotten rid of.

CHAPTER LXXI.

ISETTLEMENT OF FKENCII AND SPAHI3U LAND
CLAIMS.

Ill was now near thirty years since the pro-
hince of Louisiana had been acquired, and with
Ilia mass of population owning and inhabiting

landn, the titles to which in but few inst.imTi
ever had iM-tn ptrftctcil into cf>mplcti' grant"; iwid
Die want of which was not felt in a mw country
wIhto land was a gratuitous gift to evtry culti-
vator, and where the government was more
anxious for cultivation than the people were to
give it. The transfer of the province fi-om FnuKc
and Si)ain to tlie United Suites, found the ma.-s
of the land titles in an inchoate state; and com-
ing under a government which made merchundiso
out of the soil, and among a people who had the
Anglo-Saxon avidity for landed property, some
legislation and tribunal was nccessaiy to scjHirate
the perfect from the imperfect titles ; ami to
provide for the examination and perfection of the
latter. The treaty of cession protected every
thing that was "property;" and an inchoate title
fell as well within that category as a perfect
one. Without the treaty stipulation the law of
nations would have operated the same protec-
tion, and to the same degree ; and that in the
case of a conquered a.s well as of a ceded people.
The principle was acknowledged : the question
was to apply it, and to carry out the imperfect titles
as the ceding government would have done, if it
had continued. This was attempted through
boards of commissioner*, placed under limita-
tions and restrictions, which cut off masses of
claims to which there was no objection except
in the confirming law ; and with the obligiition
of reporting to Congress for its sanction the
claims which it found entitled to confirmation :
— a condition which, in the distance of the
lands and claimants from the seat of government,
their ignorance of our laws and customs, their
habitude to pay for justice, and their natural dis-
trust of a new i.nd alien domination, was equiv-
alent in its cfiects to the total confiscation of
most of the smaller claims, and the quarter or
the half confiscation of the larger ones in the
division they were compelled to make with
agents — or in the forced sales which despair, or
necessity forced upon them. This state of things
had been going on for almost thirty years in all
Louisiana — ameliorated occasionally by slight
enlargements of the powers of the boards, and
afterwards of the courts to which the business
was transferred, but failing at two essential
points,^rs/, of acknowledging the validity of all
claims which might in fact hare been completed
if the French or Spanish government had con-
tinued under which they originated ; secondly

!», J

\,V

."if -'• *A

\ ■"?.

280

THIRTY YEARS' VIEW.

in not providing a clienp, siKiedy and hjcal tri-
titinal to decide siinunariiy up<jn c!aini», and
dtfinitivcly when tlicir decisions were in their
favor.

In tlii.s year — but after an immense number
of [teople hud la'cn ruined, and after tlie country
had l)een afliicted for a generation witli the curse
of unsettled land titles — an net was passed,
founded on the principle which the case rcipnrcd,
and apjiroximating to the process which was
necessary to give it effect. The act of ] 832 ad-
mitted the validity of all inchoate claims — all
that might in fact have been perfected under the
previous governments ; and established a local
tribunal to decide on the spot, making two
classes of claims — one coming under the f rinci-
ple acknowledged, the other not coming under
that principle, and destitute of merit in law or
equity — but with the ultimate reference of their
decisions to Congress for its final sanction. The
principle of the act, and its mode of operation,
was contained in the first section, and in these
words :

" That it shall be the duty of the recorder of
land titles in the State of Missouri, and two
commissioners to be appointed by the President
of the United States, by and with the advice and
consent of the Senate, to examine all the uncon-
firmed claims to land in that State, heretofore
filed in the office of the said recorder, according
to law, founded upon any incomplete grant, con-
cession, warrant, or order of survey, issued by
the authority of France or Spain, prior to the
tenth day of March, one thousand eight hun-
dred and four ; and to class the same bo as to
show, first, what claims, in their opinion, would,
in fact, have been confirmed, according to the
laws, usages, and customs of the Spanish gov-
ernment, and the practices of the Spanish au-
thorities under them^ at New Orleans, if the
government under which said claims originated
had continued in Missouri ; and secondly, what
claims, in their opinion, are destitute of merit,
in law or equity, under such laws, usages, cus-
toms, and practice of the Spanish authorities
aforesaid ; and shall also assign their reasons for
the opinions so to be given. And in examining
and classing such claims, the recorder and com-
missioners shall take into consideration, as well
the testimony heretofore taken by the boards
of commissioners and recorder of land titles
upon those claims, as such other testimony as
may be admissible under the rules heretofore
existing for taking such testimony before said
boards and recorder: and all such testimony
shall be taken within twelve months after the
passage of this act."

Under this act a thirty years' disturbance of

land titles was closed (nearly), in that part of
Upper Louisiana, now constituting the Sfat«» of
Missouri. The commissioners executed tlio tr\
in the liltcral spirit of its own enactment, an.l
Congress confirmed all they classed as coinin-
under the principles of the act. In other part>
of Ijouisiana, and in Florida, the same harassin-
and ruinous process had been gone through in
respect to the claims of foreign origin — limita-
tions, as in Missouri, upon the kind of claims
which might bo confirmed, excluding minemls
and saline waters — limitations upon the quanti-
ty to bo confirmed, so as to split or grant, anil
divide it Ixitwecn the grantee and the govern-
ment — the former having to divide again witli
an agent or attorney — and limitations upon tin
inception of the titles which might bo examined.
so as to confine the origination to particular
officers, and forms. The act conformed to all
previous ones, of requiring no examination of a
title which was complete under the previous
governments.

CHAPTER LXXII.

"EFFECTS OF THE VETO." r

Under this caption a general register com-
menced in all the newspapers opposed to tlie
election of General Jackson (and they were a
great majority of the whole number published),
immediately after the delivery of the veto mes-
sage, and were continued down to the day of
election, all tending to show the disastrous con-
sequences upon the business of the country, and
upon his own popularity, resulting from that
act. To judge from these items it would seem
that the property of the country was nearly
destroyed, and the General's popularity entirely ;
and that both were to remain in that state un-
til the bank was rechartered. Their character
was to show the decline which had taken place
in the price of labor, produce, and property— the
stoppage and suspension of buildings, improve-
ments, and useful enterprises — the rcnunciatioi.
of the President by his old friends — the scarcity
of money and the high rate of interest — and the
consequent pervading distress of the whole com-
munity. These lugubrious memorandums of
calamities produced by the conduct of one mac

AN'XO 1832. ANDREW JACKSON, PRESIDENT.

281

«rc duly oUccted from tlio pnptTs in which |
they were chroniclitl ami rt'fjistcnd in '• Nilcs' i
Kej;i«t' i," for the infomiation of pfmtority ; ami |
t few items now Btk-cteil from tlic (teneral rc^rin- ]
trttion will show to what extent this busines."!
of distressing the country — (taking the facts to
he true), or of alarming it (taking them to bu
fai.-w)) ^"^^ carrioii by the great moneyed corjio-
ration. which, according to its own showing, had
power to destroy all local banks; and conse-
quently to injure the whole business of the
community. The following arc a few of these
items — a small number of each class, by way of
^howing the character of the whole :

" On the day of the receipt of the President's
hank veto in New- York, four hundred and thir-
tv-seven shares of United States Bank stock
ffcre sold at a decline of four per centum from
the rates of the preceding day. We learn from
Cincinnati that, within two days after the veto
reached that city, building-bricks fell from five
dollars to three dollars per thousand. A general
consternation is represented to have pervaded
the city. An intelligent friend of General Jack-
lion, at Cincinnati, states, as the opinion of the
best informed men there, that the veto has
caused a depreciation of the real estate of the
city, of from twenty-five to thirty-three and
one third per cent." — "A thousand people as-
semblefl at Richmond, Kentucky, to protest
f^ninst the veto." — " The veto reached a meeting
of citizens, in Mason county, Kentucky, which had
assembled to hear the speeches of the opposing
candidates for the legislature, on which two of
the administration candidates immediately with-
drew themselves from the contest, declaring that
they could support the administration no long-
iT.'*— " Lexington, Kentucky : July 25th. A call,
signed by fifty citizens of great respectability,
formerly supporters of General Jackson, an-
nounced their renunciation of him, and invited
all, others, in the like situation vrith themselves,
to assemble in public meeting and declare their
Eontiments. A large and very respectable meet-
ing ensued." — " Louisville, Kentucky : July 18.
Forty citizens, ex-friends of General Jackson,
called a meeting, to express their sentiments on
the veto, declaring that they could no longer
eupport him. In consequence, one of the largest
meetings ever held in Louisville was convened,
and condemned the veto, the anti-tariff and anti-
internal improvement policy of General Jackson,
and accused him of a breach of promise, in be-
coming a second time a candidate for the Presi-
dency." — "At Pittsburg, seventy former friends
of General Jackson called a meeting of those
who had renounced him, which was numerously
and respectably attended, the veto condemned,
and the bank applauded as necessary to the pros-
perity of.the country." — " Irish meeting in Phi-

ladcliihia. A mil, sipiie<l by nliovo two th<Hi.<nnd
nntiirnlizi'd Irifhinon, Focfiliiig from (it'iioml
.Jackson, inviti^l their fi'llmv-rountrymfn to
niet't mid chf)Oiie In'twecn the tyrant and tlio
bank, and gave ri»<e to a nunuTous Hssoniblnp-
in Indrjiondeiice S(inaro, at which strong resolu-
tions wt-re n<Iopte<l, renoiinring Jni'kson and his
measures. op|tosing his riMMectionniid siistninin;;
the bank." — '• The New Orleans enijiorium men-
tions, among othtr deleterious efiirts of the bank
veto, at that place, that one of the State banks
had already commenced discotiiiting four months'
paper, at eight per centum." — " Ciiirinnati far-
mers look here ! We are crcflibly infonned that
several merchants in this city, in making con-
tracts for their winter supplies of pork, are of-
fering to contract to pay two dollars fifty cents
per hundred, if Clay is elected, ami one dollar
fifty cents, if Jackson is elected. Siirh is the
effect of the veto. This is something that peo-
ple can understand." — "Baltimore. A great
many mechanics arc thrown out of employment
by the stoppage of building. The prosjiect
ahead is, that wc shall have a very distrcs.sing
winter. There will be a swift reduction of prices
to the laboring classes. Many who subsisted
upon labor, will lack regular cmploj-ment, and
have to depend upon chance or charity ; and
many will go suppcrlcss to bed who deserve to
bo filled." — "Cincinnati. Facts are stubborn
things. It is a fact that, last year, before this
time, ^300,000 had been advanced, by citizens of
this place, to farmers for pork, and now, not one
dollar. So much for the veto." — " Brownsville,
Pennsylvania. AVe understand, that a large
manufacturer has discharged all his hands, and
others have given notice to do so. We under-
stand, that not a single steamboat will be built
this season, at Wheeling, Pittsburg, or Louis-
ville." — "Niles' Register editorial. No King
of England has dared a practical use of the word
' veto,' for about two hundred years, or more ;
and it has become obsolete in the United King-
dom of Great Britain ; and Louis Philippe would
hardly retain his crown three days, were he to
veto a deliberate act of the two French Cham-
bers, though supported by an army of 100,000
men."

All this distress and alarm, real and factitious,
was according to the programme which pre-
scribed it, and easily done by the bank, and its
branches in the States : its connection with mo-
ney-dealers and brokers; its power over its
debtors, and its power over the thousand local
banks, which it could destroy by an exertion of
its strength, or raise up by an extension of its
favor. It was a wicked and infamous attempt,
on the part of the great moneyed corporation,
to govern the election by operating on the busi-
ness and the fears of the people— destroying
some and alarming others.

282

THIRTY YEAI13' VIEW.

CIIAPTKIl LXXIII.

piie»ii>i:n'ti AL KLKCTioN oK isaa.

Ghnkual Jaikson and Mr. Van Huron were
the candidatCH, on one eido ; Mr. CIny and Mr.
Jolin Sergeant, of I'cnnHylvania, on tlio otlier,
and the result of no election had ever been look-
ed tu with more Eollcitudc. It was a question
of systems and of measures, and .ried in the
persons of men who stood out boldly and un-
equivocally in tlio representation of their re-
spective sideH. Kenowal of the national bank
charter, continuance of the high protective po-
licy, distrilmtion of the public land money, in-
ternal improvement by the federal government,
removal of the Indians, interference between
Georgia and the Cherokees, and the whole Ame-
rican systbm were staked on the issue, repre-
sented on one side by Mr. Clay and Mr. Sergeant,
and opposed, on the other, by General Jackson
and Mr. Van Buren. The defeat of Mr. Clay,
and the consequent condemnation of his mea-
sures, was complete and overwhelming. He
received but forty-nine votes out of a totality of
two hundred and eighty-eight ! And this re-
sult is not to be attributed, as done by Alons.
de Tocquevillo, to military fame. General Jack-
son was now a tried statesman, and great issues
were made in his person, and discussed in every
form of siwcch and writing, and in every foruu,
State, and federal — from the halls of Congress
to township meetings — and his success was not
only triumphant but progressive. His vote was
a large incicase upon the preceding one of 1828,
as that itself had been upon the previous one
of 1824. The result was hailed with general
satisfaction, as settling questions of national dis-
turbance, and leaving a clear field, as it was
hoped, for future temperate and useful legisla-
tion. The vice-i)residential election, also, had
a point and a lesson in it Besides concur-
ring with General Jackson in his systems of
policy, Mr. Van Buren had, in his own person,
questions which concerned himself, and which
went to his character as a fair and honorable
man. He had been rejected by the Senate as
minister to the court of Great Britain, under
circumstances to give eclat to the rejection, being
then at his post ; and on accusations of prosti-

tuting official station to party intrigue and tl,..
vntion, and humbling his country Ufore (Jrp.it
Britain to obtain as a favor what was due m j
right. He had also been accusid of bn'akinjj im
friendship between General Jackson and Mr. ;'a|.
houn, for the purpose of getting a rival out r,f
the way — contriving for that purjwse tiie diss,^
lution of the cabinet, the resuscitation of tl„.
buried question of the punishment of (Jcncnil
Jackson in Mr. Monroe's cabinet, and a syetcm
of intrigues to destroy Mr. Calhoun — all brouphi
forward imposingly in senatorial and Conprpi-i
debates, in pamphlets and periodicals, and in
every variety of speech and of newspaper pul).
lication ; and all with the avowed purpcsc of
showing him unworthy to bo elected Vice-Prt>.
sident. Yet, he was elected— and triuraphantly
— receiving the same vote with General Jack,son
except that of Pennsylvania, which went to one
of her own citizens, Mr. William Wilkins, thui
senator in Congress, and afterwards Minister to
Russia, and Secretary of War. Another circum-
stance attended this election, of ominous charac-
ter, and deriving emphasis from the state of tiie
times. South Carolina refused to vote in it '
that is to say, voted with neither party, ami
threw away her vote upon citizens who were
not candidates, and who received no vote but
her own; namely, Governor John Floyd of
Virginia, and Mr. Henry Lee of Massachusetts ;
a dereliction not to be accounted for upon any
intelligible or consistent reason, seeing that the
rival candidates held the opposite sides of the
system of which the State complained, and that
the success of one was to be its overthrow ; of
the other, to be its confirmation. This circum-
stance, coupled with the nullification attitude
which the State had assumed, gave significance
to this separation from the other States in the
matter of the election : a separation too marked
not to be noted, and interpreted by current
events too clearly to be misunderstood. Another
circumstance attended thi.s election, of a nature
not of itself to command commemoration, but
worthy to be remembered for the lesson it
reads to all political parties founded upon one
idea, and especially when that idea has nothing
political in it ; it was the anti-masonic vote of
the State of Vermont, for Mr. Wirt, late United
States Attorney-General, fcr President ; and for
Mr. Amos EUmaker of ^ ennsylvonia, icr Vice-
President. The cause of that vote ww this:

fmv years bc(
Mr. Morgan, a
loinity, had di
tfhidi induced t
jy |)ut to death,
vulj,'ing their st
■fTvw out of thi^
■.iig States, witl
ind ail secret f
suppression. P
nntj turned il
made it potent
taining dominio
elections, " anti-
asm was called,
took to govern
ing them to in
tlivir masonic fa
didates of their
The trial was i
Wirt and Ellma
fcven votes — th
ill showing the
consequent inut
rest is soon told
have a distinctiv
death, left a less
cd in one idea — ei
tiling political in

C II A ]

nUST ANNUAL
BON AFTE

This must have
honest exultati(
election after a f
tration, over an
after having as:
and by a majorit
sage directed to
months before, '.
8urcs, and consi
deiunation. He
Illation when dn
aright to the e
that feeling aj:
«'hich, abstaining
lion, wholly con

ANXO 1832. ANDREW JACKSON. ritl^IDKNT.

283

jiimc years before, b citizen of New-York, one
Mr. .Moipan, k memljcr of the Frecmaflon fra-
lemity, had tlicajipeared, undor circiimntancvs
vihicii induced the Ijelief that ho Imd been secn-t-
iy put to death, by order of tl»o society, for di-
vuigin;? their secret. A great popular fenncnt
.TL'H'out of this belief, Hprcoding into noighbor-
.11;; States, with an outcry against all nuuons,
iDii ail secret societies, and a dcnwnd for their
iuppression. Politicians embarked on this cur-
rent ; turned it into the field of elections, and
made it potent in governing many. After ob-
taining dominion over so many local and State
elections, " anti-masonry," as the new enthusi-
asm was called, aspired to higher game, under-
took to govern presidential candidates, subject-
ing them to interrogatories upon the point of
their masonic faith ; and eventually set up can-
didates of their own for these two high ofSccs.
The trial was made in the persons of Messrs.
Wirt and Ellmakcr, and resulted in giving them
seven votes — the vote of Vermont alone — and,
ill showing the weakness of the party, and its
consequent inutility as a political machine. The
rest is soon told. Anti-masonry soon ceased to
haro a distinctive existence ; died out, and, in its
death, left a lesson to all political parties found-
ed in one idea— especially when that idea has 110-
tiiing poUtical in it.

CIIAPTEll LXXIV.

riKST ANNUAL MESSAGE OF PRESIDENT JACK-
SON AFTEB 1118 SECOND ELECTION.

This must have been an occasion of great and
honest exultation to General Jackson — ^a re-
election after a four years' trial of his adminis-
tration, over an opposition so formidable, and
after having assumed responsibilities so vast,
and by a majority so triumphant — ^and his mes-
sage directed to the same members, who, four
months before, had been denouncing his mea-
sures, and consignbg himself to popular con-
demnation, lie doubtless enjoyed a feeling of
tlation when drawing up that message, and had
a right to the enjoyment ; but no symptom of
that feeling appeared in the message itself,
wiiich, abstaining from all reference to the elec-
tion, wholly coitfined itself to business topics,

and in the milMlurd style of a busintfis pnpor.
Of the foreign relations he was nbli' to jrive n
goo«l, and therefnre, a briif account ; nmi pre
cet'ding ([uickly to our diinii'stic iiH'itirs pivo to
each head of theco conceniH a ^uL'eill(-t ckilsIiK-
ration. The Ktate of the lliianceH, and the pub
lie debt, claimed his first attcntluii. The re-
ceipts from the cuntoms wen- stateil at twenty-
eight millions of dollars — from the lands at two
millions — the payments on account of the pub-
lic debt at eighteen millions ; — uiul the balancu
remaining to bo paid at seven millions — to
which the current income would be more than
adequate notwithstanding an e»tiniate<l reduc-
tion of three or four millions from the customs
in consequence of reduced duties at the preced-
ing session. lie closed this head with the ful
lowing view of the success of his administration
in extinguishing a national debt, and his con-
gratulations to Congress on the auspicious and
rare event :

" I cannot too cordially congrntulnte Congress
and my fcllow-citi7x>ns on the near approach of
that memorable and happy event, the extinction
of the public debt of this great and free nation.
Faithful to the wise and patriotic policy marked
out by the legislation of the country for this
object, the present administration has devoted
to it all the means which a flourishing commerce
has supplied, and a prudent economy preserved,
for the public treasury. Within the four years
for which the people hf ve confided the execu-
tive power to my charge^ fifty-eight millions of
dollars will have been applied to the payment
of the public debt. That this has been accom-
plished without stinting the expenditures for
all other proper objects, will be seen by refer-
ring to the liberal provision made, during the
same period, for the support and increase of our
means of maritime and military defence, for in-
ternal improvements of a national character, for
the removal and preservation of the Indians^
and, lastly, for the gallant veterans of the Kevo
tion."

To the gratifying fact of the extinction of
the debt, General Jackson wished to add the
substantial benefit of release from the burthens
which it imposed— an object desirable in itself,
and to all the States, and particularly to those
of the South, greatly dissatisfied with the bur-
thens of the tariff, and with the large expendi-
diturea which took place in other quarters of
the Union. Sixteen millions of dollars, he stat-
ed to be the outlay of the federal government
for all objects exclusive of the public debt ; so
that ten milliuus might be subject to reduction :

284

THIRTY YKARS- VIF.W

and thiH to Iw i'fl(L>ctc(l no m to retain % protc-ct-
in^ (Idty in favor of ihv nniclcH cHHcntiiil to onr
•Kfi'iiw nml coiiif.)rt in time of war. On this
{Miint he Huid :

''Those who tnke nn cnlnrficd view »)f the
■ondition of our country, numt Im> foitiHlicd tlint
the {M)licy of protection must Jjc ultimately lim-
ited tu those articlcH of domestic manufiictur(>
which nre indiH{M>n8nhlo to our nafety in time of
war. Within thlH pcopo, on a reasonable Bcalo.
it is recommended by every consideration of
{mtriotism and duty, which will doubtless al-
ways secure to it a liberal and cfllcient supjjort.
Hut beyond this object, we have already seen
the operation of the system productive of dis-
content. In some sections of the republic, its
influence is deprecated as tending to concentrate
wealth into a few hands, and an creating those
germs of deiK'ndenco and vice which, in other
coimtries, have characterized the existence of
monopolies, and proved so destructive of liberty
and the general good. A large portion of the
people, in one section of the republic, declares it
not only inex|)cdicnt on these grounds, but as
disturbing the equal relations of property by
legislation, and thcreforo unconetitutional and
unjust."

On the subject of the public lands his recom-
mendations were brief and clear, and embraced
the subject at the two great points which dis-
tinguish the statesman's view from that of a
mere politician. lie looked at them under the
great aspect of settlement and cultivation, and
the release of the new States from the presence
of a great foreign landholder within their limits.
The sale of the salable parts to actual settlers
at what they cost the United States, and the
cession of the unsold parts within a reasonable
time to the States in which they lie, was his
wise recommendation ; and thus expressed :

" It seems to me to be our true policy that
the public lands shall cease, as soon as practica-
ble, to be a source of revenue, and that they be
sold to settlers in limited parcels, at a price
barely suflScient to reimburse to the United
States the expense of the present system, and
the cost arising under our Indian compacts.
The advantages of accurate surveys and un-
doubted titles, now secured to purchasers, seem
to forbid the abolition of the present system,
because none can be substituted whicn will
more perfectlj* accomplish these important ends.
It is desirable, however, that, in convenient
time, this machinery be withdraw^n from the
States, and that the right of soil, and the future
disposition of it, be surrendered to the States,
respectively, in which it lies.

''The adventurous and hardy population of
the West, besides contributing their equal share

of taxation nndrr our im|in«t oyotcm. lia\(.. i»
tlio protfre«iH i>f our government, lor the laiiiij
tliey ixrujtv, paiil into the treasury a larp' pr...
portion of f >ily miilir)nM of dollars, and. of i|'
revenue nreived thenfroni, but a Kiimll part
has Uen ex|)t'nded amongst them. Winn, („
the disadvantage of their situation in tluK r<'-
s|iect, we add the consideration that it \x tin ,r
lalK)r alone which gives real value to the Imid.
and that the proceeds arising fnnu their .nl^,
are distributed chiefly among States which hml
not originally any claim to them, and whicli
hove enjoyed the undivided emolument nri>ii,j.
from the sale of their own lands, it cannot !«
exjiccted that the new States will riinain ion^-i r
contented with the present policy, after the \\n\.
ment of the public <lebt. To avert the cdnA--
quenccs which may be apprehended from tlii.
cause, to put an end for ever to all partiiil aii<l
intercste(l legislation on the subject, and to af-
ford to every American citixen of enterprise, the
opportunity of securing an indefiendcnt fret-
holdj it seems to mo, therefore, best to almndoii
the idea of raising a future revenue out (if tlie
public lands."

These arc the grounds upon which the mem-
bers from the new States should unite aixl
stand. The Indian title has been cxtingniRhtd
within their limits ; the federal title should tjo
extinguished also. A stream of ogricultiirists
is constantly pouring into their bosom— maiiv
of them without the means of purchasing land
— and to all of them the whole of their means
needed in its improvement and cultivation.
Donations then, or sales at barely reimbursing
prices, is the w^ise policy of the government ;
and a day should be fixed by Congress in every
State (regulated by the quantity of public land
within its limits), after which the surrender of
the remainder should take effect within the
State ; and the whole federal machinery for tlie
sale of the lands be withdrawn from it. In
thus filling the new States and Territories with
independent landholders — with men having a
stake in the soil — the federal government would
itself be receiving, and that for ever, the tw«
things of which every government has need
namely, perennial revenue, and military service.
The cultivation of the lands would bring in well-
regulated revenue through the course of circu-
lation, and, what Mr. Burke calls, " the politi-
cal secretions of the State." Their population
would be a perpetual army for the service of
the country when needed. It is the true and
original defence of nations— the incitement and
reward for defence — a freehold, and arms to de-

ANNO 1831 ANIUIKW JACKiSON. l'ia>II>KNT.

289

food it It i* • louroe of cWri'iioo which prpctxi- '
^1 numlinir arinicA, anil itlioulil Hiiiierwde thini; i
iikI prc-vmiiH-ntly U-Ionjcs to a ivpiililic, and
iIhivo til to the ri'piihlic uf the Uiiiti-<1 States,
.,) alHrnmliiiK in the niunns of creating thvw dt>-
li'iiiUrK, and ncctlin^ tlifm ro much. To My
iidtliinir of nearer domains, thero ih the broad
txpaiisi- from tho Mii*t>iKKi|)|)i to tho Pacitlc
(^L-nn. all nct'dinK Bcttlers and defcndun. Cover
It nith freeholders, and you have all tho do-
findiTS that are required — all that interior sav-
jf^'H, or exterior foreiguers, could over render
iii'WMkry to appear in arms. In a mere milita-
rv point of view, and aa aHsuring tho cheap and
itlicicnt defence of tho nation, otir border, and
uiir di."*tant public territory, should bo promptly
Mvered with freehold eettlirH.

Ou the subject of the removal of tho Indians,
the message said:

"lam hnppy to inform you, that tho wise
and humane policy of trunsferriiif; from the
ciistem to tho western side of tho Mississippi,
the remnants of our aboriginal tribes, with their
om\ consent, and upon just terms, has been
steadily pursued, and is approaching, I trust, its
consummation. By reference to tno report of
the Secretary of War, and to the documents
submitted with it, you will sco the progress
which has been mado siicc your last session in
tlie arrangement of tho various matters connected
witli our Indian relations. With one exception,
I'very subject involving any question of conHict-
iiig jurisdiction, or of peculiar difficulty, has been
happily disposed of, and the conviction evidently
gitiiis ground among tho Indians, that their re-
moval to the country assigned by the United
States for their permanent residence, furnishes
tho only hope of their ultimate prosperity.

" With that portion of tho Cherokecs, how-
ever, living withm tho State of Georgia, it has
been found impracticable, as yet, to make a
satisfactory adjustment. Such was my anxiety
to remove all tho grounds of complaint, and to
bring to a termination the difficulties in which
they are involved, that I directed the very liberal
propositions to bo made to them which accom-
pany the documents herewith submitted. They
cannot but have seen in these offers the evidence
of the strongest disposition, on the part of the
goNornment, to deal justly and liberally with
them. An ample indemnity was offered for their
present possessions, a liberal provision for their
future support and improvement, and full security
for their private and political rights. Whatever
difference of opinion may have prevailed respect-
ing the just claims of theso people, there will
probably be none respecting the liberaUty of the
propositions, and very little respecting the ex-
pediency of their immediate acceptance. They

were, however, rvji-cteil, and thna the |Mmiiion
of theM indinuH rfuiain.t unt'linii^tni, nn iln ilif
views rnmmuiiicat'd in my nu•»^a^;t■ tu the .*>»-
nate, of Febniary 'J'J, 1^31."

Tno President does not mention tho obftacics
which delayed the humane policy of trauHfiTring
tho Indian triU's to tho west of the .MirttiisAippi,
nor alludo to tho causes which prevented tho
remaining Cherokcea in Georgia from accepting
the lit)oral terms offered them, and joinintr tho
emigrated |)ortion of their trilw on the Arkansas ;
but theso obstaclea and causes were known to
the public, and the knowlc<lge of them was car-
ried into tho parliamentary, tho legi^^lative, and
the judicial history of tho countrj-. The««?
removals were seized upon by party sjiirit as
soon as flencral Jackson took up the |K)liey of
his predecessors, and undertook tocompiete what
they had began. His injustice and tyranny to
the Indians In-camo a theme of political party
vituperation ; and tho South, and Georgia espe-
cially, a new battle-flcld for political warfare.
The extension of her laws and jurisdiction over
the part of her territory still inhabited by a part
of the Chcrokces, was the signal for concentrating
upon ttiat theatre tho sympathies, and the interfer-
ence of politicians and of missionaries. Congress
was appealed to ; and refused tho intervention
of its authority. The Supreme Court was applied
to to stay, by an injunction, tlic ojwration of the
laws of Georgia on the Indian part of tho State ;
and refused tho application, for want of juris-
diction of tho question. It was applied to to brinp
the case of the missionaries before itself, and did
so, reversing tho judgment of the Georgia State
Court, and pronouncing one of its own ; which
was disregarded. It was applied to to reverse
the judgment in the case of TasscUs, and the writ
of error was issued to bring up the case ; and
on the day appointed Tassells was hanged. The
missionaries were released as soon as they ceased
their appeals to the Supreme Court, and address-
ed themselves to the Governor of Georgia, to
whom belonged tho pardoning power ; and the
correspondence and communications which took
place between themselves and Governor Lump<
kin showed that they were emissaries, as well
OS missionaries, and acting a prescribed part for
the " good of the country " — as they expressed
it. They came from the North, and returned to
it as Boon as released. All Georgia was outraged,
and justly, at this political interference in her

28C

TIIIRTV YKAIW' VlOf.

■flaini, ami thin intnuWa phibinthropjr in hehalf
fif lii'linnn to whom nhc K*ve tho Mine proUwtion
as t'l her own i'iti7.ctiH, nn<l nt thi'M fttt<-i'.)[iU,
n> n'lM'iiffilly mailr t<> ItriiiR Iht ln-foro tli*- Su-
premo Court. Ilcr novt-nioM (Troup, (iilmcr,
■ikI I.iiirii)kiii,)towli()!u it RucccHHivoly IwlonKod
to n'pn'Mi'iit tlie ri^'htH and ilifrnitj of the {St«i«',
dill HO with tinnnrw and moderation ; and, in
the end, all her oliju-tn wero attainci, and tho
interference and intniHion cea«c<l ; and tho issue
of tho presidential election rebuked the |iolitical
and cccli'sinHtical intermeddlcrs in hcraflaini.

A poMsaKo in tho moBsaf(o startled the friends
of tho bank of tho United States, and, in fact,
took the public by surprise. It was an intima-
tion of tlio insolvency of tho bank, and of the
insecurity of tho public deposits therein; and a
recommemliition to hnvo tho afTuira of tho in-
stitution tlioroughly investigated. It was in
these terms :

" Such measures as are witliin tho reach of
tho .Secretary of tho Treasury have been taken to
enable him to judge whether the public deposits
in that institution may bo regarded aa entirely
safe ; but as his limited power may prove inade-

Suato to this olyect, I recommend the subject to
le attention of Congress, under the firm belief
that it is worthy their ricrious investigation. An
inquiry into tho transactioas of the institution,
embracing tho branches as well as the principal
bank, seems called for by tho credit which is
given throughout the dutryto many serious
charges im|)caching its character, and which, if
true, may justly excite the apprehension that it
is no longer a salt depository of tho money of
tho people."

This recommendation gave rise to proceedings
in Congress, which will bo noted in their proper
place. Tho intimation of insolvency was re-
ceived with scorn by tho friends of tho great
corporation — with incredulity by the masses —
and with a belief that it was true only by the
few who closely observed the signs of the times,
and by those who confided in the sagacity ana ,
provident foresight of Jackson (by no mean '
inconsiderable either in number or judgment
For my own part I had not suspicioned insol-
vency when I commenced my opposition to the
renewed charter ; and was only brought to that
suspicion, ana in fact, conviction, by seeing the
flagmnt nianner in which the institution resisted
inv ligation, hen proposed under circumstan-
u:6 which rendered it obligatory to its honor ;
And which lould only be so resisted tcom a

cnnwifliisneM that, If searched, sonvthinir *r<^\\,\
bo found wonw tlian any thing rharptMt. fU'
only rirruniNtanco mciitioni-d by the Pn-aiiJ) 14
to rountenanro sunpicion waM the con'' • of tj,^
bank in rvLtion to th*^ itaynunt of 11. [nilli»n«
of (ho three per rent. ?tock. onlered to hare U , „
|Hiid at tho bauir in t'.o Octi>bcr prccedin); i|„„|
whcro the n >ncy, aooonling to its rclumfi, w,,^
in dcpoait) ; and instead of paying whicli il„.
bank secretly sent ni. agent to Ix)ndun to ol.tiin
delay from the creditors for six, nine and t»el\«
months; and oven to purchase a part of thcstoric
on its account — which was done — and in cli'«r
violation of its charter (which forbi*' -> tli« m.
stitution to trafllo in the stocks / 'i/^ ' nit !
States). This delay, with th' inauii' ieir. 1
illegal reason given for it (fui mo ruiiiun coul 1
be legal or sufficient wliil^ ndnn tii., money
to be in her ha.ds, ai> * '. >at which tSe Unk
gave related to the < holt m, and the over-readv
excuse of norommodation to the p-bllc), coiilil
only bo accounted for from an inability to pro-
duce the 1 inda ; in other words, that while li«r
returns to the treasury admitted the had tliu
money, the state of her vaults showed that she
had it not. This view was further coiiftniu.l
by her attempt to get a virtual loan to meit iht
payment, if delay could not be obtained, or tliv
stock purchased, in the application to tho Londou
house of the Barings to draw upon it fur tlw
amount uncovered by delay or by purchase.

But the salient passage in the message— the
one which gave it a new and broad emphasis in
the public mind — was the part which related to
the attitude of South Carolina. Tho proceed-
ings of that State had now reached a point which
commanded tho attention of all America, and
could not bo overlooked in the President's mes-
sage. Organized opposition, and forcible re-
sistance to the laws, took their open form ; and
brought up the question of the governmental
■ for' cinei t of these laws, or sub'.ni- ^ion to their
vio'i')i.i'"i The que? I ade a crisis ; and the

Vri deuf muB brought the subject before Cun-
gr^ss: '■■■■ L- IV. % i

" It is my painful duty to state^ that, in one
quarter of the United States, opposition to tiie
revenue laws has risen to a height which threat-
ens to thwart their execution, if not to endan-
ger the integrity of the Union. Whatever ob-
structions may be thrown in tho way of the'
judicial authorities of the general government,
it is hoped they will be able, peaceably, to over-

A.SNO IM». ANPRKW JAtKH<»N. I'laMKKNT,

(ninr ihrm l»y the |iniiU-no«» nf their own olflrvw, '
iii<l tli«! |Httn<)tiKin <^( the |ic<i|ili>. Hut •honlii
iliin n A>oiia)ilt> nliaiK. >>it tlu> iiuMleration an<l
..iihI imii»«" "full |««rti"iii Y <>iir fillowoitin-nn
'.f ili«)tii|Miint«><l. it m tM-li> vi'l that the Uwm
lumPM'lvi'M are liiHv •ilcnnato l<. (Ik- ^iipf»r«-«i«i«)n
,; Diuli AlttiiiptM n^ tiiii) iiunivdiMl- t> 'U»<b^.
•hoiild llx' fXiirtticv nrim-, ic (I'liTitij? the vrecu-
,;,iii (if tho cxiMtiii;; l.i'«s iiii|ir«<ti' !! '■ from any
iim' wliati'vrr, itrnim 'i'ltjcc of ii u ^ -l >»■ )/ivcn
t.i I'onirri'i'i', with tlic t'ii(ri'<''*li"n of Mich xiuwn
111(1 iiii'aimrcR an tuny bu <k-c'iiii'(l iiccciixary to
iiiift it.

Nothing couhl lio more ti-niixTatc, HulMliifd,
mil oven conciliatory than the tone and lanpm^v
i.f thin indispensable notice. The I'reisident
could not avoid bringing the subject to the no-
tice uf Congrc'fls ; and could not have done it in
1 more uncxoeptionablu manner. 1 1 is language
KM that of juHtico and mildness. The peaceful
ailminiHtration of the laws wore ntill relied ujwn,
«;;J if any thing further became necessary he
ironiiBod an immcdiato notice to Congress. In
iho mean time, and in a previous part of his
iiicsgagc, he had shown his determination, so far
ai» it depended on him, to remove all just com-
[ilaiut of the burthens of the tarifl* by eflccting a
^>daction of many millions of the duties : — a dis-
|iciviation permitted by thu extinction of the
public debt within the current year, and by the
means already provided, and which would admit
of au abolition of ten to twelve millions of dol-
lars of duties.

CHAPTER LXXV.

BANK OF THE UNITED 8TATK3— DELAY IN PAY-
1X0 THE THREE VEV, CENTS -COMMITTEE OF
LSVESTIGATION.

T u. President in his message had made two re-
i-^iramendations which concerned the bank — one
iliiit the seven millious of stock held therein by
the United States should be sold ; the other that a
cummittce should be appointed to investigate its
condition. On the question of referring the dif-
fi;rcnt parts of the message to appropriate com-
mittees. Mr. Speight, of North Carolina, moved
thai ini.-^ latter clause be sent toa select commit-
Uv; lo which Mr. Wayne, of Georgia, proposed
an .iinenilnient. that the committee should have
power to bring persone before them, and to ex-

amine tlirm on n«lh, and |o mil nfmn tfie Iwiill

and it* brniHlit'N fi.r |>ii|K'ni. Tbi« motion (rA«tt
rii»i< ti) a roiiti'nt iiiiiiilar tn that >■( iho ^iis-cril' i^n
M'Hiiion on tli<' nanie point, aud h\ the samn
n<'(om^nnd mth lln- nmuf r«'«iil« i« Akvor of
the Imnk — the d< Imto U iiiit nii«hrtf*' >iy some
frexh an<l wnterial itiri<li'iitit. .Mr. >\ icklifli'. of
KeiitiK'ky, hiid prvvioualy precnn'tl a call tolw
Miaile on tin- .Se»Tetary "f the Treiisiiry f«>r tlio
report which hi* agent v »» oiiip<My<'i| in making
upon tho t'uvlitioii of the >»ank ; and wiNh*d ilie
motion for tiui roiimiiltee to be defi-md
that nport c.iiw HI IK' said :

" He ha*! ev. . y contlijenre, both frnfp ^Im twu
jndpnent aiiri from mronnatlon in hw jiofseK
sioii, that v\hi-« (he rcHolution he 1 1 ad • 'tie red
should n.»'( ve itf« iiiiswer, and the Mouso ^iHould
have the n7«irt of the ap'nt sent Vi\ the SmC'
tury of till' Treo.'^iiry to inijuire int ■ the aflhit ■>!'
the bunk, with .. view to ascertiir (ilietht it
was a safe d»|)ii-itory for the pulil fiiiida. \ it
answer w<'ir„| U; liivorab'e to the I ink and *
the entire -HTiuit3 of the revenue. Mr. W. said
he had ho|<'ii that the resolution he hml oftoffuf
would have i[)er8e<lcd the necessity of nnothei
bank discn ~ion in that llou.se, and of the con
sequences iimin tho financial and commercini
operations ot tho cotmtry, and upon Ihr credit
of our ctirrcm lie had not understixid, from
a hasty readin ' of tho report of the Secretary of
the Treasury, i mt that otHcer had expressed any
desire for the nfiiointmcnt of any coinmittee on
tho subject. '1 rio secretary said thnt ho had
taken step.s to <• tain such informati'^n as was
within his control, but that it was i ^siblo he
might need furtb>.r powers hereafter. What
had already beei tho effect throughout tho
country of the bnidside discharged by the mes-
sage at tho bank ? Its stock had, on the recep-
tion of that meseafre, instantly fallen down to
104 per cent. Connected with this proposition
to sell tho stock, a )«s had already been incur-
red by tho govemmi nt of half a million of dol-
lars. What further investigations did gentle-
men require? What now bill of indictment was
to be presente<l 1 'J here was one in the secre-
tary's report, which \va8 also alluded to in the
message : it wa.><, that the bank had, by its un-
waranted action, prevented the government from
redeeming the three p< r cent, stock at the time
it desired. But what was the actual state of
the fact ? W hat had the bank done to prevent
such redemption ? It had done nothing more
nor less than what it had been wquired by the
government to do."

The objection to inqrurj', made by Mr. Wick-
liffe, that it depreciated the stock, and made a
loss of the difference to its holders, was entirely
fiUladouB, as fluctuations in the price of stocks

■ a

v..

I s.'

288

irrmTY yi:aij6' vikw.

arc prcaily iiiidir tliu cmitinl (jf ihosc wlio piin-
hlc ill tlicin. ami who Bcize cvory circuinstuna',
altt'ninti'Iy V> di'|iri'ss ninl exalt tlii'in; and tlii'
iliictiiatioiis aH'fCt iU)lH)cIy Jtut tlmsi' « lio are
buyers or blUlt.s. Yet this objection wasprave-
ly ref^orted to every time that any iiinveiin'nt
was made whieli utiected tiiu baiilv ; and aritli-
metical calculations were pravely gone into to
show, npon each dechnc of the wtock, liow much
money eatii sti>ckholder iiad lost. On tliis oc-
casion tlic liiss of tho United States was set
down at half a million of dollars: — which was
recovered four days ai'terwards ujion the readin);
of tho report of the treasury ajrent, favorable
to the bank, and which enabled the dealers to
put ujjthe shares to 112 again. In the mean
time nobody lost anj' thing but tho gamblers ;
and that wa-s nothing to the public, as the loss
of one was the gain of tho other: and the thing
balanced itself. Holders for investment neither
lost, nor gained. For the rest, Mr. AYayne, of
Georgia, replied :

" It has been said that nothing was now be-
fore the House to make an inquiry into the con-
dition of the bank desirable or necessary. He
would refer to the President's message, and to
the report of the Secretary of the Treasury,
both suggesting an examination, to ascertain if
the bank was, or would be in future, a safe de-
pository for the public funds. Mr. \V. did not
say it was not, but an inquiry into the fact
might be very proper notwithstanding ; and the
I'resident and Secretary, in suggesting it, had
imputed no suspicion of the insolvency of the
bank. Eventual ability to discharge all of its
obligations is not of itself enough to entitle the
bank to the confidence of the government. ] ts
management, and the spirit in which it is man-
aged, in direct reference to the government, or
to those administering it, may make investiga-
tion proper. What was the Executive's com-
plaint against the bank ? That it had interfered
with the paynient of the public debt, and would
postpone the payment of five millions of it for
a year after the time fixed upon for its redemp-
tion, by becoming actually or nominally the
possessors of that amount of the three per
centum stock, though the charter prohibited it
from holding such stock, and from all advanta-
ges which might accrue from tho purchase of
it. True, the bank had disavowed tho owner-
ship. But of that sum which had been bought
by Baring, Brothers, & Co., under the agree-
ment wit J I the agent of the bank, at ninety-one
and a half, and the cost of which had been
charged to the bank, who would derive the
benefit of the diflerence between the cost of it
and the i)ar value, which the government will
jwy ? Mr. \V. knew this gain would bo ellected

by what may 1h> the rate of exchange Ixtw,,!.
the I'liited States and Kiigland, but >til| tl„.f,,
would 1h' gain, and wli^ 'mih to ncei' •• it ? I'.;i.
ring. Brothers, it Co.? No. The bank wn.a |,v
agreiinent. charged with tho cost of it. in ,
separate m'count, on the Swoks of Bariiii', lir,,.
tilers, it Co., au(i it had agreed to jiay iiitin^t
upon the amount, until the stork was nfUeinvil
'•Tho bank being j)rohibited to deal in sudj
stock, it would be wi II to inquire, even undir
the j)re)«eiit arrangements with Baring, Jhdtiui-:
& Co., whether the charter, in this resjuct, \v;w
suljstantially complie<l with. Mr. \V. won],!
not now go into the question of the ])()licv c,f
the arrangement by tho bank conceniing" the
three ymr cents. It may eventuate iu t;r(at
public benefit, as regards tho conunerce of tlio
country ; but if it does, it will be no n|)()l.>
gy for the temerity of an interfiL'rence with the
fixed policy of the government, in regard to
the payment of the national debt ; a policv,
which those who administer the bank knev; liiiii
been fixed by all who, by law, can have anv
agency in its payment. Xor can any apolo^'v
be found for it in the letter of the Secretary (if
tho Treasury of the I'Jth of July last to Mr.
Biddle ; for, at Pliiladelphia, the day before, on
the 18th, he eniployed an agent to go to Eii).'-
land, and had given instructions to make an
arrangement, by which the payment of the pnl>
lie debt was to bo postponed until Uctohcr
1833."

Mr. Watmough, representative from the dis-
trict in which the bank was situated, disclaimed
any intention to thwart any course which the
House was disposed to take ; but said that thi;
charges against tho bank had painfully afibcte 1
the feelings of honorable men connected with
the corporation, and injured its character ; and
deprecated the appointment of a select conimii-
tee; and proposed the Committee of Ways and
Means — tho same which had twice reported in
favor of the bank: — and he had no objection
that this committee should be clothed with all
the powers proposed by Mr. Wayne to be con-
ferred upon tho select committee. In this stato
of the question tho report of the treasury agent
came in, and deserves to be remcmbeiT'd in con-
trast with the actual condition of the bank as
afterwards discovered, and as a specimen of tlw
imposing exhibit of its affairs which a moneyed
corporation can make when actually insolvent.
The report, founded on tho statements furnisheJ
by the institution itself, presented a superb con-
dition — near eighty millions of assets (to be
precise, 1^79,593,870), to meet all demands
against it, amounting to thirty-seven niillioni
and a quarter— leaving forty-two millions and

ANXO isa3. AMinF.W JA( KXiN. TUF^IDKNT.

2Sa

jiMiartcr for tlio st(irklii)lrii; of wMch tliirty-
;ivo millions woiiM rfinilturso tlu' ^lll(•k, iiinl
it'Ti'n ami ii qiiarttT iiiillion.s remain fi)r divi-
Jeail. Mr. I'olk sUtt'd tliiit tliin iv|>(pit was a
EtTt- wnipeinliuin ot' the monthly hank riturns,
jhoffing ndthinp which theso rtturns did not
•how; and f.-jK'ciully notliin}; of tlie eij^lit inil-
;,ons of unavuilablo funds whicii had heun asciT-
uincd to exist, and which Imd hceii accinnulat-
•nz for ct;;hteen years. On the point of tlie
r.on-l«yiiient of thL' three per cents, he said :

'Tho Sccrctiry of the Treasury had pivcn
pnWie notice that the whole amount of the threo
itr cents would he paiil off on the first of -Inly.
I'he hank was apprised of this arnm^ioment,
■ml on its application the treasury department
I'ifflscnted to susjiend the redemption of one
t'.iirdof this stock until the first of Octoher, the
liiink paying; the interest in the mean wlii!<?.
liut. it' the condition of the bank was so vcrj"
prospcvons, as has heen represented, why did it
make so preat a sacrilice as to pay interest on
that larpe amount for three months, for the
sake of deferring the payment ? The Secretary
of the Treasury, on the IDth July, determined
that two thirds of the stock should be paid oft"
on the first of Octoher; and, on the 18th of Ju-
Ivffhat did the bank do? It dispatched an
a;;ent to London, without the knowledge of the
tRMsury, and for what ? In eli'ect, to borrfjw
■).0iH),OoO dollars, for that was the amount of
the transaction. From this fact Mr. P. inferred
that the bank was unable to go on without the
piiblie (lei)osits. They then made a communi-
cation to the treasury, stating that the l^uik
would hold up such certificates as it could con-
trol, to suit the convenience of the {rovernmcnt ;
hut was it on this account that they sent their
ajient to London ? Did the president of the
hank himself assign this reason ? No; he gave
ii very ditl'erent accoiuit of the matter ; he said
that the bank apprehended that the spread of
.ho cholera might produce great distress in the
cuiiiitry, and that the bank wished to hold itself
ill an attitude to meet the public exigencies,
and that with this view an agent was sent to
make an arrangement with the Barings for with-
lioliiiiig throe inillions of the stock."

The motion of Mr. Watmough to refer the
iaquiry to the Committee of Ways and Means,
was airried; and that committee soon i-cported:
first, oil the point of postponing the payment
of a part of the three per cunts, that the busi-
iii.'ss being now closed by the actu.il p.a3inent
of that stock, it no longer presented any im-
[wrtant or practicable point of inquiry, and did
iiut call for any action of Congress upon it ; and,
tnvndh/. on the point of the safety of the pub-

VoL. I.— 19

: lir (li'po'-if-i, that there eniilil 1 c no dmil't of thi-
entire souiidne>s of the uli.'lr Imrik eaiiitul, after
nieeting nil demands upiii i^. either by its bill
holders i.r tlu' goveniiiunt ; and that siu-h w;'s
^ the opinion of the cnniniittte, who^ felt L'ri':\t
j confidi'nco in the well-known rharaeter ami in-
I telligenre of the diivetors, whose testimony sii|>-
jMirted the facts on which the committee's opin-
I ion rested. And they concluded with a resolve
! which they recommended to the adoption of
the House, "That the government dejxisits may,
in the opinion of the House, Ikj .safely continued
in the liank of the Inite.l States." Mr. Polk,
one of the cannuittee, dissented from the re-
port, and argued thus again>t it :

" lie hoped that gentlemen who believed the
time of the House, at this jieriod ()f the session,
to be necessarily valuabli', would not press the
consideration of this resolution upon tiie House
at this juncture. During the small remainder
of the session, there were several measures of
the highest public importance which remained
to be acted on. For one, he was extremely
anxious that the session should close by 12
o'clock to-night, in order that a sitting upon the
Sabbath might be avoidcfl. He would not pro-
ceed in expressing his views until he should ui>-
derstand from gentlemen whether they intended
to press the House to a vote upon this resolu-
tion. [A remark was made by Mr. Ingersoll,
which was not heard distinctly by the reporter.!
Mr. P. jirocceded. As it had been indicated
that gentlemen intended to take a vote upon tlu'
resolution, he would ask whether it was possi-
ble for the members of the House to express
their opinions on this subject with an adecpiate
knowledge of the facts. The Committee of
Ways and Means had spent nearly the whole
session in the examination of one or two jioints
connected with this subject. The range of in-
vestigation had been, of necessity, much less
extensive than the deep importance of the sub-
ject reriuired ; but, before any opinion could be
properlv expressed, it was important that the
facts develojied by the committee should lie un-
derstood. There had been no opportunity for
this, and there was no necessity for the exjires-
sion of a preinuture opinion unless it was consi-
dered essential to whitewash the bank. If the
friends of the bank deemed it indispensably neces-
sary, in order to sustain the bank, to call lor an
expression of o])ini(in, where the House had eii-
1 joyed no ojiportunity of examining the testimony
I and proof ujion which alone a correct ojiinion
I could be formed, he shonlii be comj)elled, briefly,
j to present one or two facts to the House. 1 1 had
1 been one of the objects of the Committee of Ways
I and Means to ascertain the circumstances i-elativu
I to the postponement of the redemption of tlio
' throe percent, stock by the bank. With the muss

20O

THIRTY YEARS' VIKW.

of other important 'Infics rlevolving wpon the
coimiiittce, oh full an iiivcstipition of the con-
dition of the lank ns \vii« di-siiiildc couM not 1)C
expected. The conmiiftee, therefore, had h<-en
ctl)li(red to limit their in<iuirieH to thifi Fuhject
of the three |)er a-nts ; the other fiuljects f»f
investigation were only incidental. Upon tliis
main suhject of inquiry the wliole coniniiltee,
majority an well ns nnnoritv, were of opinion
that the hank had eiieedeff its lepitimatc ati-
tlK>rity, and had taken nieas\ire8 which were in
direct violation of its charter, lie woirld read
u single sentence from the report of the major-
ity, which conclusively e.stahlighcd this position.
In the transactions upon this Kuhject, the ma-
jority of the committee expressly say, in their
report, that ' the bank exceeded its legitimate
authority, and that this proceeding had no suf-
ficient warrant in the correspondence of the
iStoretary of the Trcasur}-.' Could language be
more explicit ? It was then the unanimous opin-
ion of the committee, upon this main topic of
inq,uiry, that the bank had exceeded its legiti-
mate authority, and that its proceedings relative
to tluj three per cents had no sufficient warrant
in the correspondence of the Secretary of the
Treaeurj'. Tlie Bank of the United States, it
must be remembered, had been made the place
of deposit for the public revenues, for the pur-
pose of meeting the expenditures of the govern-
ment. With the public money in its vaults, it
was bound to pay the demands of the govern-
ment. Among these demands upon the public
money in the bank, was that portion of the pub-
lic debt of which the redemption had been or-
dered. Had the bank manifested a willingness
to pay out the public money in its possession
for this object ? On examination of the evi-
dence it would be found that, as early as March,
1832, the president of the bank, without the
knowledge of the government directors, had in-
stituted a correspondence with certain holders
of the public debt, for the purpose of procuring
a postponement of its redemption. There was,
at that time, no cholera, which could be charged
with giving occasion to the correspondence.
When public notice had been given by the Sec-
retary of the Treasurj' of the redemption of the
debt, the president of the bank immediately came
to Wasliington, and requested that the redemp-
tion might be postponed. And what was the
reason then assigned by the president of the
bank for this postponement? Why, that the
measure would enable the bank to afford the
merchants great facilities for the transaction of
their business under on extraordinary pressure
upon the money market. What was the evi-
dence upon this point ? The proof distinctly
showed that there was no extraordinary pres-
sure. The monthly statements of the bank es-
tablished that there was. in fact, a very consider-
able curtailment of the facilities given to the
merchants in the commercial cities.

'' The minority of the Committee of Ways
and Means had not disputed the ability of the

bank to di.«harj»c its <libts in its own conn nii nt
time ; but hod the bank promjitly puiil the i.iiMi,.
money depo.><itetl in its vaults when (■alitd fur (
As early oAOctoljer, lh31, the h.mk hail iiuti,;^
jMitcd that durin;; the cours^e of iH.'ii] it u,,„i,|
not he ollowed the nndi.stnrlied and |iirnmtKnt
use of the public di-jiosits. In the circular onlurs
to the sevcml branches which were then is>Mi.(l
the necessity was stated for collecting the lufins
for refunding tho.^e de|)osit8 from the ioai^
which were then outstanding. Ellbrts wure
ma<le by the branches of the West to malic
collections for that object ; but th(),sc eliorts en-
tirely failed. The debts due upon loans mado
by the Western branches had not been curtailiHj.
It was fotnid impo.ssiblo to curtail them. As
the list of (liscounts had gone down, the list of
domestic bills of exchange had gone up. 'J ho
application before alludecl to was made in Marcii
to Mr. Ludlow, of New-York, who represented
about 1,700,000 of tha public debt to po.st|Kine
its redemption. This expedient also failed. Then
the president of the bank came to Washington
for the purpose of procuring the postponement
of th» period of redemption, upon tlie grounij
that an extraordinary pressure existed, and tiio
public interest would be promoted by eniiblin"
the bank to use the public money in afi'ordinrr
facilities to the merchants of the conimercial
cities. And what next ? In July, the piesident
of the bank and the exchange committee, without
the knowledge of the head of the treasury, or
of the board of directors of the bank, instituted
a secret mission to England, for the purpose of
negotiating in effect a loan of five millions of
dollars, for which the bank was to pay interest.
The propriety or object of this mission was not
laid before the board of directors, and no clue
was afforded to the government. Mr. Cadwal-
ader went to England upon this secret mission.
On the 1st of October the bank was advised of
the arrangement made by Mr. Cadwalader, by
which it was agreed, in l>ehalf of the bank, to
purchase a part of the debt of the foreign holders,
and to defer the redemption of a part. Now, it
was well known to every one who had taken
the trouble to read the charter of the bank, tiiat
it was expressly prohibited from purchaiiing
public stock. On the 15th October it was dis-
covered that Cadwalader had exceeded his in-
structions. This discovery by the bank took
place immediately after the circular letter of
Baring, Brothers, & Co., of London, announcing
that the arrangement had been published in one
of the New-York papers. This circular gave the
first information to the government, or to any one
in this country, as far as he was advised, excepting
the exchange committee of the bank, of the
object of Cttdwalader's mission. In the limited
time which could now be spared for this discus-
sion, it was impossible to go through the parti-
culars of this scheme. It would be seen, on
examination of the transaction, that the bank
had directly interfered with the redemption of
the public debt, for the obvious reason that it

ANNO IsSX AX DREW JACKSON, IMIFSIKKNT.

291

fX' nnrt'ilc to rrfiinfl tho pulilic (!ono»it.«. The
,hiil' n» wa« not the >:rounii nf the c»rri'!'|M)iuU'nrt'
,.,itli I.ufllow. It wna not the cholera which
i,roii;:ht the prceidont of the hank to Waxhiii^ton,
•n n.'<i"C!<t the jKjstiioncnu'nt of tlie re<lem]ition
f.f the 'Icht ; nor Wiia it the cholera wliich lod to
the resolution of the exchange committw of the
hank to send Caihvalader to England. The true
,lisorder was, the impossibility in which the
tank found itself to concentrate its funds and
diminish its loan?. It had been stated in the
report of the majority of the committee, that the
certificates of tho preater portion of the three
[nr cents had been surrendered. It had been
said that there was now less than a million of
this di'bt outstanding. In point of fact, it would
stem, from the correspondence, that between one
and two millions of the debts of which the cer-
tificates had been surrendered, had been paid by
t!ie bank becoming debtor to the foreign holder
instead of the government. The directors appear
to suppose this ha.s not been the case, but the
correspondence shows that the certificates have
ton sent home under this arrangement. After
this brief explanation of the conduct of the bank
in relation to the public deposits, ho would ask
whether it was necessary to sustain the credit
of the bank by adopting this resolution."

The vote on tho resolution was taken, and
resulted in a large majority for it — 109 to 40.
Those who voted in tho negative were : John
Anderson of Maine ; William G. Angel of New-
York ; William S. Archer of Virginia ; James
Bates of Maine; Samuel Bcardsley of New-
York ; John T. Bergen of New-York ; Laughlin
Bethune of North Carolina; John Blair of
Tennessee ; Joseph Bouck of New- York ; John
C. Brodhead of New-York; John Carr of
Indiana; Clement C. Clay of Alabama; Henry
^. Connor of North Carolina ; Charles Dayan
of New-York; Thomas Davenport of Virginia;
William Fitzgerald of Tennessee ; — Clayton
of Georgia ; Nathan Gaither of Kentucky ;
William F. Gordon of Virginia; Thomas II.
Hall of North Carolina; Joseph W. Harper
of New Hampshire ; — Hawkins ; Michael
Hoffman of New-York ; Henry Horn of Penn-
sylvania ; Henry Hubbard of New Hampshire ;
Adam King of Pennsylvania ; Joseph Lecompte
of Kentucky ; Chittenden Lyon of Kentucky ;
Joel K. ^lann of Kentucky ; Samuel W. Mardis
of Alabama; John Y. Mason of Virginia; Jon-
athan McCarty of Indiana ; Thomas R. Mitchell
of South Carolina ; Job Pierson of New- York ;
James K. Polk of Tennessee ; Edward C. Reed
of New- York ; Nathan Soule of New- York ;
Jesse Speight of North Carolina; Jas. Standifer

I of Tennessee ; Francis Thoman of Mnr^liind ;
I Wiley Thompson of (Jeorjria; Daniel \V art! will
' of New-York ; Jaint'S M. Wayne of Georjrin ;
John W. Wetks of New Hiimp.'.hire ; Ciiinj)lKll
P. AVhite of New-York: .1. T. II. Worlhinjrton
of Maryland. And thus the Imnk not only es
capod withotit censure, but received high eoni-
mendation ; while its conduct in relation to the
three per cents placed it \uiequivocally in the
category of an unfaithful and prevaricating agent ;
and only left open the inquiry whether its con-
duct was the result of inability to pay the sunj
required, or a disposition to make something for
itself, or to favor its debtors — the most innocent
of these motives Iwing negatived by the sinister
concealment of the whole transaction from the
government (after getting delay from it), its
concealment from the public, its concealment
even from its own board of directors — its entire
secrecy from beginning to end — until accidentally
discovered through a London letter published in
New-York. These are .he same three per cents,
the redemption of which through an enlargement
of the powers of the sinking fund commissioners
I had endeavored to effect some years before,
when they could have bet . bought at about
sixty-six cents in the dollar, and when my at-
tempt was defeated by the friends of the bank.
They were now paid at the rate of one hundred
cents to the dollar, losing all the time the inter-
est on the deposits, in bank, and about four
millions for the appreciation of the stock. The
attempt to get this stock redeemed, or interest
on the deposits, was one of my first financial
movements after I came into the Senate ; and the
ease with which the bank defeated me, preventing
both the extinction of the debt and the payment
of interest on the deposits, convinced me how
futile it was to attempt any legislation unfavor-
able to the bank in a case which concerned itself.

J ■-

CHAPTER LXXVI.

ABOLITION OF IMPKISONMEXT FOE DEBT.

The philanthropic Col. R. M. Jolinson, of Ken-
tucky, had labored for years at this humane
consummation ; and finally saw his labors suc-
cessful. An act of Congress was passed abol-
ishing all imprisonment for debt, under process

292

THlIfn' YEARS' VIKW.

I I

fioni tlic courts of tli(; I'liittMl Sinter: tlic only
ixtctit to whicli an wt of ('t»iij:rc'f<s could po.
J)_V force of its fii!icliiiciit-i ; hut it couM p" iiuicli
fuillicr. iiinl (lid. ill tiie force of txiimjile ami in- i
liuciicc ; and lias led to thcccfwatioii of the prac- 1
ticf of iinpris()iiin;r tlie <k'])tors. in nil. or nearly i
all. of till,' States and 'I'erritorie.s of the I'nioii ;
!.:id without the evil coiif^ecniciiccs which had i
))'.en dreaded from the loss of this remedy over
tlie person. It led to u preat many oppressions ■
while it existed, and was often relied ujjon in ex-
tending; credit, or inducinp; improvident people I
to incur deht, where there was no means to pay
it, or property to meet it, in the hands of the
debtor liiniself; 'mt reliance wholly placed upon
the sympathies of third persons, to save a friend
or relative from confinement in a prison. The
dower of wives, and the purses of lathers, bro-
thers, sisters, friends, were thus laid under con-
tribution by heartless creditors ; and scenes of
cruel oppression were witnessed in every State.
Insolvent laws and bankrupt laws were invented
to cover the evil, and to separate the unfortunate
from the fraudulent debtor ; but they were slow
iiud imperfect in operation, and did not reach
tlie cases in which a cold and cruel calculation
wa? made upon the sympathies of friends and
relatives, or upon the chances of catchinj^ the
('.'■btor in .some strange and unbefriendcd jjlace.
\ broader remedy was wanted, and it was found
in the total abolition of the practice, leaving in
full force nil the remedies against fraudulent
evasions of debt. In one of his reports on the
subject, Col. Johu.son thus deduced the history
of this custom, called "barbarous," but only to
be fmmd in civilized countries :

'• [n ancient Greece, the power of creditors
over the persons of their debtors was absolute;
and, as in all cases where despotic control is toler-
ated, tlu'ir rapacity was boundless. They com-
jielled the insolvent debtors to cultivate their
lands like cattle, to perform the service of beasts
of burden, and to tran.sfer to them their sons and
daughters, whom they exported as slaves to for-
eign countries.

"These iietsof cruelty were tolerated in Athens,
during her more barbarous state, and in perfect
:onsoirince with the character of a people who
could elevate a Draco, and bow to his mandates,
registered in blood. ]kit the wisdom of Solon
corrected the evil. Athens felt the benefit of
the refoiui ; and the pen of the historian has re-
corded the name of her lawgiver as the benefac-
tor of mail. In ancient Rome, the condition of
the unfortunate poor was still more abject. The
cruelty of the Twelve Tables against insolvent

debtors should \iv held up as a Wacon of W8n>.
ing to all nuHlorn nation'^. After jiidirineuiwsj
obtained, thirty days of grace were allowed 1«.
fore a Honian was delivered into the jxnver of |,;<
creditor. After this |ieriod. he wius retuinifl iti
a private prison, with twelve ounces of riie f,r
his daily sustenance, lie might be iHiiind wiili
a chain of fifteen pounds weight ; and his nii.-irv
was three times e-xjw.sed in the niarket-j)lai.v. lii
e.xcite the compassion of his friends. At iji,.
expiration of sixty days, the debt wius discliar^reu
b}- the loss of liberty or life. The in.solvem
debtor was cither put to death or sold in llir-
eipn slavery beyond the Tiber. But, if .sevei u!
creditors were alike obstinate and unrekntin;.',
they might legally di.sniember his body, iiiiil
.satiate their revenge by this liorrid partition.
Though the relinements of modern eriticisiij,
have endeavored to divest this ancient cruelty ol'
its horrors, the faithful Gibbon, who is nut re-
markable for his partiality to the poorer cla.-s,
preferring the liberal sen.sc of antiiiuity, draw;
this dark picture of the effect of giving the nv-
ditor power over the person of the debtor. N,,
sooner was the Koman enijiire subverted tjuin
the delusion of Roman perfection began to vani>li.
and then the absurdity and cruelty of this sys-
tem began to be exploded — a system which cun-
vulsed Greece and Jionic, and filled the worll
with misery, and, without one redeeming bene-
fit, could no longer be endured — and. to tin-
honor of humanity, for about one thoiifanu
j-ears, during the middle ages, imprisonment I'lr
debt was generally abolished. They seeintd to
have understood what, in more modern tinu?,
we are less ready to comprehend, that power, in
any degree, over the person of the debtor, is ilif
sat^e in principle, varying onlj' in degree. wlietlii.r
it be to imprison, to enslave, to brand, to dis-
member, or to divide his bodj'. But, as the la]).«o
of time removed to a greater distance the ci iiol-
ties which had been sull'ered, the cupidity of tie
affluent found means again to introduce the sy.s-
tem ; but by such slow gradations, that the un-
s'lspecting poor were scarcely conscious of the
change.

"The history of English jurisprudence fur-
nishes the remarkable fact, that, for many coii-
turies, personal liberty could not be violated fur
debt. Property glone could be taken to satii^fy
a pecuniary demand. It was not until the reiu'ii
of Henry III., in the thirteenth century, that tlie
principle of imprisonment for debt was retogiiizeJ
in the land of our ancestors, and that was in
favor of the barons alone ; the nobility ajiainst
their bailiffs, who liad received their rents ami
li'ad appropriated them to their own use. Ikru
was tlie shadow of a pretext. The great olijec-
tion to the punishment was, that it was inflicted
at the pleasure of the baron, without a trial : an
evil incident to aristocracies, but obnoxious to
republics. The courts, under the pretext of im-
puted crime, or constructive violence, on the jiait
of the debtor, soon began to extend the princijile.
but without legislative sanction. In the elevcntli

ANNO isnx AMUIKW JACKSOX. rKllSIDr.NT.

•2r:^

vf.ir of the rriim <>( F'lwanl T.. t)if immivliate
iiiiros.sor of llonry, tlio riL'lit of iiiipnsKiiinjr '
iKIitors wa.s est< iidcil to iniTch.tiit^ — Jcwi-li
nuirrlmnt-; <'Xfc|)tc<l, on ai-cnint of tli"ir lictiTo-
(luxv in ri'li?ion — and was pxtTriscd witli jrri'iit
ikviVity. This i-xti'iision was nn net of jiolicy
on tlic l>art of the monarcli. The a-scendiMicy
ii!itaini'(l hy tlie barons nienacvd thi; power of
i!ii.' tlirone ; nnd. to counteract their infliieniv,
til',' merchants, a nnnieroiis and weidthy clas?,
H-.Te selected by tlie monarch, and iiivcsteil with j
tin' same authority over their delitors.

'• But Kn<;lan(l was not yet prepared for the j
yoke. Stie could enchire an hereditary nobility ;
Vk could tolerate a inonardiy ; but she could
II t vet rosiijn her nnfortunato sons, indiscrimi-
niitoiy. to the prison. The barons and the mer-
chants had trained the power over their victims ;
vit more than sixty years elajised before I'arlia-
iiient dared to venture another af't reeosniziii;^
th'j principle. Durinpj this period, imprison-
ment for debt h.ad, in some defrrce, lost its no-
velty, 'i'he incarceration of the debtor befran
to niakc the impression that fraud, and not mis-
drtiine, had broufrht on his catasti-ophc, and
that he was, therefore, nnworthy of the i)rotec-
tioii of the law, and too de{};raded for the society
of the world. Parliament then ventured, in the
mp\ of Edward III., in the fourteenth century,
td extend the principle to two otlier cases — debt
ind detinue. This measure opened the door
fir the impositions which were ftradually intro-
duced by judicial usurpation, and have resulted
\i\ the most cruel oppression, I'arliament, for
one hundred and fifty years afterwards, did not
venture to outrti"^ the sentiments of an injured
and indignant people, by extending the i)ower
to ordinary creditors. But they had laid the
foundation, and an irresponsible judiciary reared
tha superstructure. From the twenty-fourth
year of the reign of Edward III., to the nine-
teenth of Henry VIII., the subject slumbered
in Parliament. In the mean time, all the inge-
nuity of the courts was emploj'ed, by the intro-
duction of artificial forms and legal fictions, to
extend the power of imprisonment for debt in
cases not provided for by statute. The juris-
diction of the court called the King's Lench, ex-
tended to all crimes or distuibances against the
peace. Under this court of criminal jurisdic-
tion, the debtor was arrested by what was
called the writ of Middlesex, uiwn a supposed
trespass or outrage against the peace and dig-
nity of the crown. Thus, by a fictitious con-
ftruction, the person who owed his neighbor
was supposed to be, what every one knew him
not to bo, a violator of the |«;ace, and an of-
fender against the dignity of the crown ; and
while \\\j body was held in custody for this
crime, he was proceeded against in a civil action,
fur which he was not liable to arrest under
statute. The jurisdiction of the court of com-
mon pleas extended to civil actions arising be-
tween individuals upon private transactions.
lu nistain its importance upon a scale equal

with that ('fit-; rival, fhi-* rmxrt nls'> adopted if^
lictinn^, anf nut-
raire nzaiu-it thi- |>e;u'e of the kin;.'d'iin. niithnr-
izi^l the writ of ca|iias, and cubseipient nnjiii-
siinnient, in ca^es where a summon-t only wn-;
warranted by law. Tlie cnurt of exchcipui'
wiLS designed to prc'i'i t the kinj:'s revenue, anil
had no legal jinisiliction. exci'pt in easos id
del)tors to the i)ublii-. The in^'i'iuiity of thi-i
court found means to ( xtend its jiirisdietion to
all cases of <lebt between individuals, upon the
lictitio'is plePv that the plaintilf, wiio in>titnt.|
the suit, was a debtor to the king, and n mlirvd
the less able to discharge the debt by tl'.e d' -
fault of the defendant. I'jiou this artilieial pie-
text, tliat the defendant was delttor to tli"
king's debtor, the court of exidieipier, to seitire
the king's revenue, usurped the power of av-
ruigning and imprisoning debtors of every <le-
S'-ription. Thus, the.se rival courts, each ambi-
tious to sustain its relative importance, and ex-
tend its jurisdiction, introduceil, as legal fact-.
the most pa!i)al)le fieti(jns, and sustair.ed the
most absurd solecisms as legal syllogisms.

'" Where the person f)f the debtoi' was by
statute, held sacred, the courts devised the
means of construing the demand of a debt into
the supposition of a crime, for which he was
.subject to arrest on mesne process; and the
evidence of debt, into the conviction of a crime
against the peace of the kingdom, for which he
was deprived of his liberty at the pleasure cf
the oll'endod party. Tliese practices of tiie
courts obtained by regular gradation. Each act
of usurpation was a precedent for similar out-
rages, until the system became general, and at
length received the sanction of J'arliameiit.
The spirit of avarice finally gained a complete tri-
umph over personal liberty. The sacred claims
of misfortune were disregarded, and, to the iroa
grasp of poverty, were added the degrada-
tion of infamy, and the misery of the dimgeon

" While imprisonment for debt is sanctioned,
the threats of the creditor arc a source of jr;-
petual distress to the dependent, fiien<lle-s
debtor, holding his liberty by siillerance alone.
Temptations to oppression are constantly in
view. The means of injusti'^e arc always at
hand ; and even helpless females are not ex-
empted from the barbarous practice. In a Ian I
of liberty, enjoying, in all other respects, the
freest and happiest government with which the
world was ever blessed, it is matter of astonish-
ment that this cruel custom, .so anomalous to
all our institutions, inflicting so much misery
upon society, should have been so long endured.''

The act was i)assed soon after this masterly
report was made, followed by similar acts in
most of the States ; and has been attended
every where with the beneficial effect restilting

:F*

2r«4

TIIMITY Yi: ARS- VIKW.

:l'

from the Kiipiiix-ssion of any false nml vicious
l>rincipk' in li'Kislafion. It is a falsi- and viciou-s
|)i'in('i|)I(> in the HVNtcni of crcijit to a'linit n ral-
• iilation lor tin- clianfo of pavnii'iit, founded on
tlio Hynipathy and nlarins of third parties, or on
tlie <l('(;radati<)n and incarceration of tho debtor
iiiinself. .Siicii a j)rinciplc is morally wrong,
and prwticttlly nnjust ; and there is no excuse
f»r it in the plea of fraud. The idea of fraud
(loi's not enter into the contract at its original
formation ; and if <Kcurring afterwards, and the
duhtor undertakes to defraud his creditor, there
ir> a coiio of law made for the case ; and every
case should rest Ufwu its own circumstances.
As an element of credit, iniprisonmei\t for debt is
condenuicd by morality, by humanity, and by tlie
(■ciencc of jwlitical economy; and its abolition
has worked well in reducing the elements of cre-
dit <o their legitimate derivation in the personal
charact'^r, visible means, and present securities
of tlie contracting debtor. And, if in that way,
it has diminislied in any degree the wide circle
of credit, that is an additional advantage gained
to the good order of society and to the solidity
of the social edifice. And thus, as in so many
other instances, American legislation has ame-
liorated the law derived from our English ances-
tors, and given an example which British legis-
lation may some day follow. — In addition to
the honor of seeing this humane act passed
during his administration. General Jackson had
the furtlior and higher honor of having twice
rc'connncndcd it to the favorable consideration
of Congress.

CHAPTER LXXVII.

SALE OF UNITE ■) STATES STOCK IN THE NA-
TIONAL BANK.

The President in his annual message had re-
commended the sale of this stock, and all other
stock held by the United States in corporate
companies, with the view to disconnecting the
government from such corporations, and from
nil pursuits properly belonging to individuals.
And he made the recommendation upon the po-
litical principle which condemns the rartnership
of the governmont with a corporation; and
apon the economical principle which condemns

the national pursuit of any branch of indu-tr-
and leaves the profit, or loss of all such piirMiii,
to individual enterprise; and u|)on the beliif. iu
this instani'e, that the partnership was un.>-afi--
that the firm would fail — and the stwkholiKr.
lose their investment. In conformity to tl.:,
recommendation, a bill was brought into i].,.
House of IJepresentalives to sell the public stDCK
hchl in the bank of the United States, JmI,,,,
seven millions of dollars in amount, and consi.i.
ing of n national stock bearing five per centi;i>
interest. The bill was met at t!ie threshold I,,
the parliamentary motion which implies the ui,-
worthiness of the subject to be considered;
namely, the motion to reject the b'll at the flr>t
reading. That reading is never for considera-
tion, but for information oidy; and, although
debatable, carries the implication of unfitno>,
for debate, and of some flagrant enorniitv
which requires rejection, without the honor i.f
the usual forms of legislation. That motion was
made by a friend of the bank, and seconded hy
the member (Mr. AVatmough) supposed to le
familiar with the wishes of the bank director',.
The speakers on each side gave vent to expres-
sions which showed that they felt the indignjiv
that was offered to the bill, one side in promct-
ing — the other in opposing the motion. Mr.
Wickliffe, the mover, said : " He was impcllid,
by a sense of duty to his constituents and to his
country', to do in this case, what he had never
done before — to move the rejection of a bill at
its first reading. There are cases in whicli
courtesy should yield to the demands of justice
and public duty ; and this, in my humble opin-
ion, is one of them. It is a bill fraught with
ruin to all private interests, except the interest
of the stockjobbers of Wall-street." Mr. Wat-
mough expressed his indignation and amaze-
ment at the appearance of such a bill, and even
fell upon the committee which reported it with
so much personality as drew a call to oi-der from
the Speaker of the House. " He expressed his
sincere regret at the neccessity which comjjolloil
him to intrude upon the House, and to express
hi^ opinion on the bill, and his indignation
against this persecution of a national institu-
tion. Ho was at a loss to say which feelins;
predominated in his bosom — amazement, at tlri
want of financial skill in the supporters of the Ml
— or detestation of the unrelenting spirit of tlie
administration persecution on that floor of an in-

ANNO JSns. ANDUF.W JACKSON. n:F>II>!.NT

2'.\:t

fMliitio" admitU'iI hy the wisest ami tlic In-st
i:kI1 of thu times to be al)!")Itit«'ly essential to the
ixi-tLiicc and eafety of this I'liidn, and ahiiost
ti, that of the constitution itself wJiicli formed ,
;t9 ha-is. lie said, he was amazed tliat such a {
1,111, lit such a crisis, could emanate from any I
niiiiiiiittce of this House; but his amazement
,r,i3 diminished when he recalled to mind the .
vdurcc from which it came. It came from the j
(niiiniittic of "Ways and Means, and was under
the jiiirental care of the gentleman from Tcn-
ncisst'c. Need he say more 1 "

Nuw, the member thus referred to, and who,
after being pointed out as the guardian of the
bill required nothing more to be said, was Mr.
IVlk, afterw^ards President of the United States.
Uut parliamentary law is no respecter of per-
6on3, and would consider the indecorum and
outrage of the allusion equally reprehensible in
the case of the youngest and least considerable
member; and the language is noted here to
show the indignities to which members were
subjected in the House for presuming to take
any step concerning the bank which militated
iiaiiist that corporation. The sale of the gov-
crmncnt stock was no injury to the capital of
the biuik : it was no extinction of seven millions
of capital but a mere transfer of that amount
to private stockholders — such transfer as took
placp daily among the private stockholders. The
only injury could be to the market price of the
slock in the possible decline involved in the
withdrawal of a large stockholder ; but that was
a damage, in the eye of the law and of morality,
without injury ; that is, without injustice —
the stockholder having a right to do so without
the assignment of reasons to be judged of by the
corporation; and consequently a right to sell
out and withdraw when he judged his money to
be unsafe, or unprofitably placed, and suscepti-
ble of a better investment.

Mr. Polk remarked upon the unusual but not
unexpected opposition to the bill ; and said if the
House was now forced to a decision, it would be
done without opportunity for deliberation. lie
vindicated the bill from any necessary connection
with the bank — with its eulogy or censure.
Tliis eulogy or censure had no necessary con-
nection with a proposition to sell the government
stock. It was a plain business proceeding. The
bill authorized the Secretary of the Treasury to
tell the stock upon such terms as he should deem

In'st for the government. It wiw* an i.-olateil
pn>position. It prii|K>sed to disenthral the piv
eniHunt fnim a partnership with this incor|Hir;»t
ed conqiany. It jiroposed to pi-t rifl of the in
tcrcKt which the government had in this moni yed
mon(>|ioly ; and to do so b}- a sale of the goviTii-
ment stocks, and on terms not Ih.1ow the market
price. lie was not dispose*! to depreciate tli«
value of the article which he wished to sell. Ilu
was willing to rest ujK)n the right to sell. Tho
friends of the bank themselves raised the question
of solvency, it would seem, that they might have
an opportunity, to eulogize the institution under
the forms of a defence. This was not the time
for such a dis<'US8ion — for an incjuiry into the
conduct and condition of the bank.

The argument and the right were with tho
supjiorters of the bill ; but they signified nothing
against the firm majority, which not only stood
by the corporation hi its trials, but supported it
in its wishes. The bill was immediately rejected,
and by a summary process which inflicted a new
indignity. It was voted down under the opera-
tion of the " previous question," which, cutting
off all debate, and all amendments, consigns a
measure to instant and silent decision — like tho
" moit sans phrase " (death without talk ) of tho
Abbe Sieycs, at the condemnation of Louis tho
Sixteenth. But the vote was not very triumph-
ant — one of the leanest majorities, in fact, which
the bank had received : one hundred and two to
ninety-one.

The negative votes were :

" Messrs. Adair, Alexander, R. Allen. Anderson,
Angel. Archer, Barnwell, James Bates, Beardsley,
Bell, Bergen, Bethune, James Blair, John Blair,
Boon, Bouck, Bouldin, John Brodhead, John C.
Brodhead, Cambreleng, Chandler, Chinn. Clai-
borne, Clay, Clayton, Coke, Connor, Davenport,
Dayan, Doubleday, Draper, Felder, Ford, F-'ster,
Gaither, Gilmore, Gordon, Griffin, Thomas H.
Hall, William Ilall, Harper, Hawkins, Iloflmnn,
Holland, Horn, Howard, Hubbard, Isacks, Jar-
vis, Jewett, Richard M. Johnson, C.ivc -John-
son, Kavanagh, Kennon, Adam King, John King,
Lamar, Lansing, Leavitt, Lecompte, Lewis, Lyon,
Mann, Mardis, Mason, ^IcCarty, Wni. JleCoy,
Mclntire, McKay, Mitchell, Newnan, Nuckolls,
Patton, Pierson, Plummer, Polk, Etlward C.
Reed, Roane, Soule, Speight, Standifer, John
Thompson, Vcrplanck, Ward, Wardwcll, Wayne,
Weeks, Campbell, P. White, Worthington. —
9L"

Such was the result of this attempt, on the
part of the government, to exercise the most or-

.' I ,.•

I. '11

20G

THHITY YEARS' VIEW.

iliiiary ri(;lit of a 8ti)rkli<ilr to h']) its nlmrcH :
o|i|K)<i'(l, iiixiiltc'd, (kTi'iitfil ; nii'l l>y tlip powor
fif till! hank ill Ciin^ri'«f», of wli<..«(' iiicmlitTs
8iil»Ri'i|iifiit iiivi<sti};!itioiiH sliowcil ulmve lifly to
\h) borrinvtrs from the inslitution ; jiiul many to
1m> on tlu- list of it.s n'tainoii attorneys. Hut
lliirt wtis not tlio flPNt timo tlic novcrnniciit liu'i
U'l'n so Iri'iitfil. Tliu snniu thin^ iiail lia|i|K'ne(l
once hofori', and alioiit in tin; Kaiiiowayj but
witliout the (<iinii' cxcnso of jn'rht'cutiun and en-
mity to tlic coriioration j for, it whh before the
time of (iencral Jackson's I'residency ; to wit, in
the year 1.SJ7, and mulcr tiie I'residency of Mr.
Qiiincy Adams. Mr. I'iiilip !'. IJarhour.reprcsen-
liitive from Viriri)»in,. moved an impiiry, at tiiat
time, into tlie expediency of Kuilin;; the United
States stock in the bank : tlie consideration of the
resohition was delayed a week, the time necessary
for a communication with I'liiladeliihia. At the
end of the week, the resolution was taken up,
and summarily rtjccted. Mr. Harbour had jdaced
liis proposition wholly upon the ground of a
public advantage in selling its stock, unconnected
with any reason disparaging to the bank, and in
a way to avoid, as he believed, any opposition,
lie said:

" The Ilortsc were aware thnt the povcniracnt
liolds, at this time, stock of the Bank of the
i 'nited States, to the amount of seven millions of
dollars, whicli stock was at prcscTit worth in
market about twenty-three and one lialf per
CL'!it. advance above its par value. If the whole
of this stock should now be sold by the govern-
ment, it would net a i)rofit of one million and
six hundred thousand dollars above the nominal
amount of the stock. Such being the case, he
thought it deserved the serious consideration of
the House, whether it would not be a prudent
and proper measure now to sell out that stock.
It had been said, Mr. JJ. observed, by one of the
best writers on political economy, w Hh whom
he was acquainted, that the pecuniary affairs of
nations bore a close analogy to those of private
households: in both, their prosperity mainly
depended on a vigilant and effective management
of their resources. There is, said Mr. IJ., an
amotmt of between seventeen and eighteen mil-
lions of the stock of the United States now re-
ileeniiible, and an amount of nine millions more,
which will be redeemable next year. If the in-
terest {)aid by the United States on this debt is
compared with the dividend it receives on its
Ptock in the Bank of the United States, it will
be foimd that u small advantage would be gained

by the sale of the latter, in thin rcsport ; (,;i,p,
the dividends on bank stock arc rereiviti m i,, .
immmlty, while the iiiten-st of (he United siim,
Kcurilies is paid fpiarterly ; this, liowevir, |,
waived as a iiiatter of comparatively small i;,,
mint. It mu>l be obvious, he said, that tln' a/
dition of one million six hundred thou^all'l i|., .
lars to the available fmids of the United >tai.
will jiroiluce thi; extinguishment of an ei|iii\a.
lent amount of the public debt, and ronsef|iiem''
relieve the interest payable thereon, by wliiil,.,
saving would accrue of about one hundivd tlin;.
sand dollars per annum."

This was what Mr. Barbour said, at the ti:;;
of offering the rct^olution. When it came tip i. r
consideration, a week after, he found his inoiioi.
not only opposed, but his motives impeached, an'l
the most sinister designs imimted to himself—
to him ! a Virginian country gentleman, hdm-t
and modest ; ignorant of all indirection ; upright
and open ; a stranger to all guile ; and with the
simplicity and integrity of a child. lie decilv
felt this impeachment of motives, certainly the
first time in his life that an indecent imputatio;!
had ever fallen upon him ; and he feelingly dijffu-
catcd the intensity of the outrage. He said :

" We shall have fallen on evil times, indeed, if
a member of this House might not, in tlie in-
tegrity of his heart, rise in his place, and otHr
for consideration a measure which ho believed
to be for the public weal, without having all tliat
he said and did imputed to some hidden molivi;,
and referred to some secret purpose which was
never presented to the public eye."

His proposition was put to the vote, and re-
ceived eight votes besides hie own. They were ;
Messrs. Mark Alexander, John Floyd, John
Roane, and himself, from Virginia ; Thomas II.
Hall, and Daniel Turner, of North Carolina |
Tomlinson Foot of Connecticut; Joseph Le-
compte, and Henry Daniel, of Kentucky. And
this was the result of that first attempt to sell
the United States stock in a bank chartered by
itself and bearing its name. And now, why re-
suscitate these buried recollections? I answer:
for the benefit of posterity ! that they may have
the benefit of our experience without the humi-
liation of having undergone it, and know what
kind of a master seeks to rule over them if
another national bank shall ever seek incorpor*
tioD at their hands.

ANNO isr.i ANDREW JACKSoN. IMlFMIiKNT.

297

Tote, and re-

CII A I'T Ell L XX VIII.

.VfU.lFICATlo.V ()i:l)I\ANCK IN I*;>CT1I CAI.o-
LIN.V.

Ir lias been Keen that the whole question of the
Vmiiicjin system, and CHiKx-ially itn prominent
future of a lii;;h protective tariff, was put in
i-stK' in tlio presidential canvass of 1802; and
iliiil tlie lonR session of Congress of that year
n;i.i (iccupied by the friinds of this system in
Uingint; forward to the best advuntjigc all its
|, lints, and staking its fate upon the issue of the
tlictiiin. That issue was against the system;
a<\ the Congress elections taking place contem-
luraiieously with the presidential were of the
.line character. The fate of the Ameriosin sys-
ttin was sealed. Its domination in federal
lijiislation was to cease. This was acknowledged
,,:\ all hands ; and it was naturally expected
that all the States, dissatisfied with that system,
would be satisfied with the view of its speedy
and regular extinction, under the legislation of
tlie approaching session of Congress ; and that
expectation was only disappointed in a single
State — that of South Carolina. She had held
aloof from the presidential election — throwing
awiiy her vote upon citizens who were not can-
didates — and doing nothing to aid the election
(f General Jackson, with whose success her
interests and wishes were apparently identified.
Instead of quieting her apprehensions, and mode-
rating her passion for viole-<t remedies, the
success of the election seemed to inflame them ;
and the 2 1th of November, just a fortnight after
the election which decided the fate of the tarifij
slie issued her ordinance of nullification against
it, taking into her own hands the sudden and
violent redress which she prescribed for herself.
That ordinance makes an era in the history of
our Union, which requires to be studied in order
to understand the events of the times, and the
l.i.^tory of subsequent events. It was in these
words :

" ORDINANCE.

'■All ordinance to miUify certain acts of the
Cnn^rress of the United imitates, purporting to
If laws laying duties and imposts an the im-
portation of foreign commodities,

'• Whereas the Congress of the United States,
ty varioua acts, purporting to be acts laying

(hifii'S and im|io«ts on fi>r»i;:n imi'ort't. but in
reality inti'iifled fi>r the prnii-i'linii nl" lioiiu'stii-
ninniil'actiires, rihI the giving ol' liomitir:* to
classi-B mid vicliiiils fng!i>r>'d in |iartii'Ml;ir

enipl<>\ uu'Uts, ilio t'XjK>n-*f and I" llir iniury
ami oppri-^sidii of other clns.-e-i and iniliviilnal-..
anil by wholly exempting from tn\atioti ciTtain
furt'ign comniiMlitics, such as are not prodncnl
or nminifuctured in the United Statt-n, to alliird
a jjretext lor im|M)siiig higher and exci-^-ivc
<lutLi'S on articles tiiniilar to tliosi' intt'ndc<l to
Iw protected, hath exceeded its just powers iimitr
the constitution, which confers on it ni> antliorii y
to allbrd such pn)tection, and hath violated tlie
true meaning and intent of the constitutiun,
which |)r()vi(les for equality in imposing tlie bur-
dens of taxation upon the several States and
portions of the confederacy: And wlureas the
said Congress, exceeding its just power to impose
taxes and collect revenue for the purpose of
etl'ecting and accomplishing the specific objects
and fiurposeH which the constitution of the
United Mutes authorizes it to ell'ect and accom-
plish, hath raised and collected uiniecessary
revenue for objects unauthorized liy the consti-
tution.

"We, therefore, the people of the State of
South Carolina, in convention assembled, do
declare and ordain, and it is hereby declared and
ordained, that the several acts and parts of acts
of the Congress of the United States, |iurporting
to be laws for the imposing of duties un<l imposts
on the importation of foreign connnodities, and
now having actual of>eration and ellci't within
the United States, and, more especially, an act
entitled ' An act in alteration of the several acts
imposing duties on imports.' approved on the
nineteenth day of May, one thousand eight hun-
dred and twenty-eight, and also an act entitled
'An act to alter and amend the several acts
imposing duties on imports,' approved on the
fourteenth day of July, one thousand eight
hundred and thirty-two, are unauthorized by
the constitution of the United States, and violate
the true meaning and intent thereof, and aiv
null, void, and no law, nor binding upon this
State, its officers or citizers ; and all jironiises,
contracts, and obligations, made or entered into,
or to be made or entered into, with purpose to
secure the duties imposed by the said acts, and
all judicial proceedings which shall be heieaHer
had in affirmance thereof, are and shall be held
utterly null and void.

"And it is further ordained, that it shall not
be lawful for any of the constituted authorities,
whether of this State or of the United States, to
enforce the payment of duties imposed by the
said acts within the limits of this State ; but it
shall be the duty of the legislature to adopt such
measures and pass such acts as may bn necessa-
ry to give full effect to this ordinance, and to
prevent the enforcement and arrest the o|)era-
tion of the said acts and parts of acts of tlie Con-
gress of the United States within the limits of
this State, from and after the 1st day of Feb-

{

I I,' 'fl'f

298

Tiiin-n' YF.Ans- view.

rtinry next, and the <Iiity of nil otluT ronstifiitwl
aiithoritii's, nii<l of all (HTsoim rcHidiiifr or In'injf
within the limits of thi^ Stall', nnd tli<v an;
IhtvIiv n'c|uiri'<i nnd cnjolntMl to ohcy nn<i p^'*-'
ftt't'ct to tlii-« orilinuncf, and snch nets an<l niun-
huri'S of ihc Ic^i^lutniv as may Ihi passed or
adopK-d in olM'iiioncu tlaTcto.

"An<l it is furlliiT ordainnl, tliat in no case
of law or e(|iiily, di'cidiil in the courts of lliis
State, wherein shall he drawn in (piestion the
authority of this ordinanee. or the validity of
sueh net or acts of the legislature as may he
passed for the jmrposc" of fiivinf? etlei-t thereto,
or the validity of the aforesaid iwts of Con(.rreHH,
imposin;.' duties, shall any ap|K'al he taken or
allowed to the Supreme Court of the United
States, nor shall any copy ol" tho record l>o |)cr-
mitted or allowed for that purpose; and if any
Biich ap]ieal shall he attempted to l>e taken, tho
court.s ol' this State shall i)roceed to execute and
enforce their Judfrments, accordinfj; to the laws
and iisa;:;es ol' the State, without reference to
such attempted a])peal, and the ix>rson or per-
sons attempting; to take giich a|){)eal may he
dealt with as for a contempt of the court.

■'And it is further or<Iaine<l, that all person.s
now holdinu; any oHicc of honor, profit, or trust,
civil or military, nnder this State (meinhers of
the lejiislattire excepted), shall, within such
time, and in such mamier us the legislature shall
prescribe, take an oath well nnd truly to olje^',
execute, and enforce this ordinance, and such act
or acts of tho legislature as may bu passed in
liursuanee thereof, according to tho true intent
and meaning of tho same ; and on tho neglect
or omi.ssion of any such person or perso..s so to
do, his or their olfico or otHees shall l)C i.)rth-
with vacated, and shall be filled up as if such
person or persons were dead or had resigned ;
and no jicrson hereafter elected to any office of
honor, profit, or trust, civil or military (mem-
bers of tho legislature excepted), shall, imtil the
k'gislature shall otherwise provide and direct,
enter on tho execution of his office, or bo in any
respect coni[)etent to discharge the duties there-
of, until he shall, in like manner, have taken a
similar oath ; and no juror shall bo cmpannelled
in any of the courts of this State, in any cause
in which phall be in question this ordinance, or
any act of the legislature passed in pursuance
thereof, unless ho shall first, in addition to the
usual oath, have taken an oath that he will well
nnd trul}' obey, execute, and enforce this ordi-
nance, and such act or acts of the legislature as
may be [lasseil to carry tho same into operation
and. effect, according to tho true intent and
meaning thereof.

" And we, the people of South Carolina, to the
end that it may bo fully understood by the gov-
ernment of the United States, and the people of
the co-Statos, that we are determined to main-
tain this our ordinance and declaration, at eyery
hazard, do further declare that we will not sub-
mit to the application of force, on the part of
the federal government, to reduce this State to

oiK'dienco ; hut that we will coti!>id« r the pa,
finge, by Congnss, of any act aulhoriziri;; i;,
employment of a niilitary or naval furee a;;iii;.'
the State of South t'arolina, her couvtitutiDii;,;
authoritieH or ('iti7.cns; or any art alMillNljnii;,,
closing the |;orls of thii State, or any of tin ii,
or otherwise oh-tructing the free in;;re» ai,,i
egress of vessels to and from the said l)ort», .•
any other act on the part of the federal goviri!-
munt, to coiTce the State, shut up her ports, d,.
stroy or hamss her commerce, or to enforce t||,
arts hereby declared to Ih) null and void, otl,, r,
wise than through the civil tribunals of tln^i
country, as inconsistent with the longer om-
tinuanco of South t'arolina in the Union ; m,.!
that the j)eoplo of this State will theneefurih
hold themselves ab.solved from all further (iMj.
gation to maintain or preserve their pojiticil
connection with tho people of the other States.
and will forthwith proceed to organize a .siiui-
rate govcrnnK-nt, and do nil other acts and tliiii'.!
which .sovereign nnd indejwndent States may of
right dc.

" Don;; in convention at Columbia, the tHcn-
ty-four.h day of November, in tho year of our
Lonl ■>u'; thousand eight hundred and thirty-
two, md in the lifty-seventh year of the dedV
ration t i" tho indeiHJndenco of tho United Stulis
of America "

This ordinance placed the State in the atti-
tude of open, forcible resistance to tho laws of
the United States, to take effect on the first diiy
of February next ensuing — a period witliin
which it was hardly possible fcr the exisitiiif:
Congress, even if so disposed, to ameliorate ob-
noxious laws ; and a period a month carliir
than tho commencement of the legal existencu
of the now Congress, on which all reliance was
placed. And, in tho mean time, if any attempt
should be made in any way to enforce the ob-
noxious laws except through her own tribunals
sworn against them, tho fact of such attempt
was to terminate the continuance of South Caro-
lina in the Union — to absolve her from all con-
nection with the federal government — and to
establish her as a separate government, not only
unconnected with the United States, but uncon-
nected with any one State. This ordinance,
signed by more than a hundred citizens of tlic
greatest respectability, was officially communi-
cated to the President of the United States;
and & cose presented to him to tost his patriot-
ism, his courage, and his fidelity to his inaugu-
ration oath— an oath taken in the presence of
Cod and man, of Heaven and earth, " to take
care that the laws of the Union were faithJuH^
executed," That President was Jackson ; and

ANNO IA33. AN'I>KR\V JMKMm. i-VBIlMtNT.

293

jhocvmt HfHin provj'fl, wlint in fiict im ouc iloiilit-
.1 ilint ho wiiH not fnW t" hi* tlutv, hi* ckiui-

» '• • j

irv.aii'l his oath. Without cuHinj;(iii C'tni^rnKH ^
l,,r f.xtraopliimry i)«)>vi'r'<, ho incn'ly advcrtc*! i
,.) his annual nieiwafio to the attitudf of tlic |
-nU: nil'' procofdetl to nii-ct the oxi^onry hy
ihc ixt'iri«c of the powers he alri'iitly imiskcmbciI.

CIIAPTKll LXXIX.

riiOCL.VMATION AGAINST MTLLIFICATIOX.

Tub onlinaii''e of nullification rcaplierl Pix'si-
ilcnt Jiickson in the iirst days of Deceinljcr,
a;id (HI the tenth of that month the proclama-
tion was issued, of which the followin-? are the
t*?ciitial and leading parts :

'•Whereas a convention assembled in the State
of South Carolina have jMissed an ordinance, by
wliii'h they declare ' that the several acts and
]iarts of acts of the Confjresa of the United States,
[iiiriiortinp to be laws lor the imposing of duties
and imposts on the importation of foreign com-
modities, and now having actual operation and
eti'tct within the United States, and more es-
iKcially ' two acts for the same purposes, j)as8ed
„n the 2'.lth of May, 1828, and on the 14th of
July, 1832, 'are imauthorized by the constitu-
tion of the United States, and violate the true
meaning and intent thereof, and are null and
void, and no law,' nor binding on the citizens of
tiiat State, or its officers : and by the said ordi-
nance, it is further declared to be unlawful for
any of the constituted authorities of the State or
of the United States to enforce the payment of
the duties imposed hy the said acts within the
same State, and that it is the duty of the legisla-
tuic to pass such laws as may be necessary to
g ve full effect to the s«id ordinance ;

" And whereas, by the said ordinance, it is
further ordained, that in no case of law or equity
decided in the courts of said State, wherein shall
Ik! drawn in question the validity of the said or-
dinance, or of the acts of the legislature that may
be jiassed to give it effect, or of the said laws of
tiie United States, no appeal shall be allowed to
tl'.e Supreme Court of the United States, nor
shall any copy of the record be permitted or al-
lowed for that purpose, and that any person at-
tempting to take such appeal shall be punished
lis for a contempt of court :

" *Vnd, finally, the said ordinance declares that
ihe people of South Carolina will maintain the
said ordinance at every hazard ; and that they
will consider the passage of any act, by Congress,
iibolishiug or closing the ports of the said State,
nr otherwise obstructing the free ingress or

••en-** of »f«-«'U ••• Rn<t f-.iiii iKf- «tn (if»rt«. flr

any other act of Ihi- ffdiTslfovi'miii • i..«wri"»i

the State, shut up Ikt jHirt*. iU->ir' •■r iMfMs

hrr cotiiini'P'f. or to tiifori-" th<> "ni't ■•■'* ofhiT-

wi.-o tliiiii Miroii|:h tin- civil trilmn . t^niu

try. as incou>isiciit wiili the Ihml'i i : inci'

of .'•^outil ('ill-iiiiliA ill the rniitii-, ui|i| 1 ti tile
p«'opIe of the caiil State will tliiiicefiirlli Imld
themselves nb'<olved from all '"Mrthcr otilipitiou
to nuiintnin or preserve their political ron-
noction with the jH'ople of the other ."^tates,
and will forthwith proceed to orgiiiii/e a sepa-
rate pivernineiit, au'l'doikll oiheracts and tliin^r-i
which soveieign and :ndei)fudent States may of
right do;

'• And whereas the said ordinance presrrilirs
to the iH'ople of South Carolina a course of con-
duct in direct violation of their duty as citizens
of the I'nited States, contrary to the laws of
their country, subversive of its constitution,
and having for it.s object the destruction of the
Union — that Union which, coeval with our po-
litic.il exifteiici'. UmI our fathers, without any
other ties to unite them than those of patriotism
and a common cause, through a saiifniinary
struggle to a glorious indeiK-iulence — that sacred
Union, hitherto inviolate, which, iK-rficted by
our happy constitution, has brought us, by the
favor of Heaven, to a state of prosperity at
home, and high consideration abroad, rarely, if
ever, equalled in the history «)f nations: To
preserve this bond of our politioil existence from
destruction, to maintam inviolate this state of
national honor and prosperity, and to justify the
confidence my fellow-citizens have reposed in me,
I, Andrew Jackson, I'resident of the United
States, have thought projier to issue this my
proclamation, stating my views of the constitu-
tion and laws applicable to the measuies adopt-
ed by the convention of South Carolina, and to
the reasons they have put forth to sustain them,
declaring the course which duty will require mo
to pursue, and, api)ealing to the understanding
and patriotism of the people, warn them of the
consequences that must inevitably result from
an observance of the diet itcs of the convention.
" Strict duty would require of me nothing
more than the exercise of those powers witli
which I am now, or may hereafter be, invested,
for preserving the peace of the Union, and for
the execution of the laws. But the imposing as-
pect which opposition has assumed in this case,
by clothing itself with State authority, and the
deep interest which the people of the United
States must all feel in preventing a resort to
stronger measures, while there is a hope that
any thing will be yielded to reasoning and re-
monstrance, perhaps demanded, and will certain-
ly justifj^, a full exposition to South Carolina
and the nation of the views I entertain of this
important question, as well as a distinct enun-
ciation of the course which my sense of duty
will require me to jmrsue.

" The ordinance is fotmded, not on the inde-
feasible right of resisting acts which are plainly

■ ■-).■

300

TJimTY YKAIW VIKW.

iinconHlitiitioiml nml too oiipn^niTPIo Itoontliir-
r<l. hut nil till- t<trnni'*' |i'>Mtiiiii timt aiij <iiii>
St;il4' limy ri'it only ilccliirr mi wt <>f ('<»ii(.'n'H«
viijil. lull |iriiliiliit itM cxcfiiti'iii ; tliiil tlu-y iimy
<1'» this cnii^iMlnitly with the <'<iii»<titiiti<in ; thiit
the true ivMiHtriidiiiii nf thiit inxtniiiiciit in'nnitM
II Slate to retain itn |ihu'i- in the I'liioii, nml yet
tx' hoiiml hy no oth<T of its litwN than thoNo it
iniiy choof>e to n ii'>i(l('r ah ronxtitiitional. It Ih
true, tliey iul>l, tliat toj^l^tify tliis nhrofrttion of
li liiw. it iiiiist be |)al|mhly contmry to the con-
stitution ; hut it is evi'U'iit. that to (civo the ri^rht
of resisting hiws of that description, foiipleil with
the iiiieont roiled ri^ht to det-idv uliat lawH de-
nerve that (haracfer, in fo j;ive the power of re-
>ii>tiiiK all hiws. For as, liy the theory, there is
no a|i|K.'al, the naHoiis nilejri'd hy the State. >t<>o<l
or had, iiinst prevail. If it hIioiiIiI lie raid that
|iiihlic o|iiniou is a Kiiflicieiit check n^rainst the
uhiise of this power, it may Ih! aske<l w hy it is
not deemeii n sullicient fruai'd apiiiist the passafje
of an unconstitutional act hy C'on}rn'.ss. There
is, however, a restraint in this last cafo, which
makes the assiiineil power of a .State more inde-
feiisililu, nnd wliioli does not e.\ist in the other.
There are two appeals from an unconstitutional
act ])assed by Coiij^ress — one to the judiciary,
tiie other to the |)eo|)le and the States. There
\a no apjx-al from the State decision in theory,
nnd tlio practical illustration ^Iiowh that the
courts are closed aprainst an application to review
it, both Jud;;'es ami jurors beinj? sworn to decide
in its favor. ]]ut reasoning; on this subject is
Huperiiuous, when our .social compact, in express
terms, declares that the laws of the United States,
its ccnstitution, and treaties made under it, are
the supri'ino law of the land ; and, for greater
caution, adds 'that the judpes in every SUte
shall be bound thereby, any thing in the consti-
tution or laws of any State to the contrary not-
withstanding.' And it may be asserted with-
out fear of refutation, that no federative govern-
ment could exist without a similar provision.
Look for a moment to the consequence. If South
Carolina considers the revenue laws unconstitu-
tional, and has a right to prevent their execution
in the port of Charleston, there would bo a clear
constitutional objection to their collection in
every other jiort, and no revenue could be col-
lected any where; for all imposts must be equal.
It is no answer to repat, that an unconstitution-
al law is no law, so long as the question of its
legality is to be decided by the State itself; for
every law operating injuriously upon any local
interest will be perhaps thought, and certainly
represented, as unconstitutional, and, as has been
shown, there is no appeal.

" If this doctrine had been established at an
earlier day, the Union would have been dissolved
in its infancy. The excise law in Pennsylvania,
the embargo and non-intercourse law in the
Eastern States, the carriage tax in Virginia, were
all deemed unconstitutional, and were more un-
equal in their operation than any of the laws
now complained of; but fortumitely none of

th()«! Stated ilinrovrri <I that tlwy hail the n^'l t
now elniiiie<l by South Carolina. The w«r, u,'
wliich we weri- forced to mipiiort the di^MiitV(f
tlie nation iid the rights ot our ciliretiM, nii;;!,'
have eiidid in defeat and diHgrarc. iimfeul of v..
tory and honor, if the Stat4-A who HiippoM'il it }
rniiious and unconittitutional nu'a.Min'. |,;,,|
thought they jHiswssed the right of nullifvi,,,
the act by which it was declared, nnd diii'viii[.
supplies for its prosecution. Hardly uuri'i,,,"
equally as thotx, Tiieasures Inire uiioti i.('v,.r;,]
memUrs of the Union, to the legislatures of lumi'
did this elllcient nnd peaceable nmedy, as it ,,
called, suggest itself. The diwovery of thi^i jn,.
portant feature in our constitution was re^cm ;
to the present day. To the statesmen o|>oi„ ,
Carolina Udungs the invention, and iqioii tj,,
citizens of that State will unfortunately full d,.,
evils of reducing it to practice.

" If the doctrine of a State veto upon tlir Lm
of the Union carries with it internal evideiKvi
its impracticable nlisurdity, our constitution i!
history will also afford abundant proof tli.'it u
would have been repudiated with indigiiiitidn
had it Ijcen propos«'d to form a feature in uur
government.

" In our colonial state, allhnugh dependent ( m
another power, wo very early considered our.
selves as connected by common interest with cadi
other. Leagues were formed for common de-
fence, and, before the declaration of indepin-
deuce, wo were known in our aggregate chaiaoti r
as the United Colonies of America. Timt di-
cisive and important step was taken jointly
Wo declared ourselves a nation by a joint, nij',
by several acts, and when the terms of ourcHn-
federation were reduced to fonn, it was in timt
of a solemn league of several States, by wliich
they agreed that they would collectively form
one nation for the purpose of conducting sonn'
certain domestic concerns and all foreign nk-
tions. In the instrument forming that Union
is found an article which declares that 'cvcrj-
State shall abide by the determinations of I'oii-
gress on all questions which, by that conledtm-
tion, should be submitted to them.'

" Under the confederation, then, no State could
legally annul a decision of the Congress, or re-
fuse to submit to its execution ; but no provision
was mode to enforce these decisions. Congress
made requisitions, but they were not compiitd
with. The government could not operate on in-
dividuals. They had no judiciary, no means ol'
collecting revenue.

" But the defects of the confederation necil
tiot bo detailed. Under its operation we coiiW
scarcely be called a nation. We had neither
prosperity at home, nor consideration abroad.
This state of things could not be endured, and
our present happy constitution was formed, but
formed in vain, if this fatal doctrine prevail. It
was formed for important objects that are an-
nounced in the preamble made in the name am!
by the authority of the people of the United
States, whose delegates framed, and whose cod-

ANNO IHHS. AM)KKW JACKrtOX, l'UV>H>K.\T.

aoi

( •■)« A|if>rnrwi it. Th«' m»»t ini)><>rt«nt '
^I'tf iiliji-ctM, that wliich in pliwi'ii iirnt
11 MrhivUall till' otliiTit M'Nt, IN -to fDrni
, ,11 ' iK'Ht'Vt L'liioii.' Now, is it |)<>Hr>iltlt iliat

I, I ilicre wiTu no <x|irvsH prnvibiiiii >rj\MHf
■ .i.n':i>>t<'y t<* tliu coii^litutiiiii uml lauhnf tlir
iiili.i MiitrH <ivir t^l•»^t• «l tlu' Miito — call it
. 'i<i)iK'Oivi'<l timt an iiiHtriiiiiiiit inaili- fur tlic
:ir|i<>M' iif ' i'i)Miiiii); n iiiorc iK'il'irt I'liion' tliuii
ihu! .iftlie cuiif»'i|frulii)ii. t'oulil U; ho c<>ii>triict-
i il . till- u»MiiibK'<| wiMiloin of our country, iii«
;, Mil><titutu for that coiit'i'diTution a form of
.'uvcrami'iit diiK'tukiit for it,s fxiHtoncu on the
[jcal interest, the party npiritof a .Stale, or of a
mviiilins? fttt'lion in ft Stiite f Every iiiuii of '
ii'iain, unsuphiHticated iinclerstandiii);, who hears
ihe ijiieMtion, will ^ivu Kiich an answer an will
inarve the riiioii. Metapiiysical nuhtlety, in
pursuit of an impracticable theory, could alone
lave devised one that io uilcniated to destroy it.
"Tlie constitution declarett that the judicial
cioffiis of the l'nite<l States e.\tc!id to eases
iiisinn under the laws of the United States, and
iliat Huch laws, the constitution and treaties shall
U- imi'iimount to the State constitutions and laws.
Till' judiciary act prescribes the mode by which
the case may bo bruu);ht bi'foro a court of the
Inited States : by ap|M;al, when a State tribunal
shall decide a^cniust this provision of the consti-
tuiion. The ordinance declares there shall be
III) nppeal ; makes the State law paramount to
ihe constitution and laws of the Lnited States ;
idi'ces Judges and jurura to swear that thev will
(lMv;;urJ their provisions; and even raakes it
l>oiial in a suitor to attempt relief by appeal. It
lurther declares that it shall not be lawful for
iliu authorities of the United States, or of that
■State, to enforce the payment of dutie*^ imposed
liV tlie revenue laws within its limits.
' ■• Here is a law of the United States, not even
ju'otcnded to be unconstitutional, rei)ealed by the
authority of u small majority of the voters of a
i i^lo slat''. Hero is a provision of the consti-
lut.'un v.liicl} is eolemuly abrogated by the same
iiulhority.

" On such o.cpositions and reasonings, the or-
dinance grounds not only an as.serlion of the
right to annul the laws of which it complains,
but to enforce it by a threat of seceding from the
L'nion, if any attempt ia made to execute them.

" This right to secede is deduced from the na-
ture of the constitution, which, they say, is a
compact between sovereign States, who have pre-
i-erveil their whole sovereignty, and, therefore,
are suliject to no superior ; that, because they
made the compact, they can break it when, in
tlii'ir opinion, it has been departed from, by the
other States. Fallacious as this course of rea-
soning is, it enlists State pride, and finds advo-
cates in the honest prejudices of those who have
not studied the nature of our government sutti-
ciently to see the radical error on which it rests.

" The people of the United States fonned the
constitution, acting through the State legisla-
tures in making the compact, to me;^t and discuss

itH pmviiiionA, and artinK in iM>|'aniii-ei>nTiMiii<>n4
when they r»tilled iIimm- prux i>.i,iii4 ; Imt, tin'
terms ii«e<l in il* riiii>.trii<iii«n «.|i<>w it tn Ih> n
pivenmienl in whieh the iH-opli' of nil lliv Muir*
eollfetively nri' rc|iri's«iiiti|. N\ r nre om- |niip|ii
in tliei'hoiee of the I'rcKidi'iit ami \ ifr-l*ii'«id»'Mt.
Ill-re till' Mali's hiivc no ullirr agiiu'v than to
ilinet the iiii><ti> in which the votes *>h:ill lie
given, ('aiiiliilates hnvini; the iiiajority nf nil
the votes are chosi'ii. The electors of a iiiainriiy
of Slates nmy have given thiir voles fiir one
candidate, and yet another may U' chosen. The
peoiile, then, and not the Slates, arc repri'seiited
in tlie executive branch.

'• In the House of Uepresentafives, there in
this diffi't'eiici' : that the jn'ople of one State do
not, as in the ea.se of I'resiileiit and \'ice-l're^i-
dent, all vote for the same otlieci-s. Tiic people
of all the .States do not vote for all the meinliers,
each .State electing only its own i-cpirsentJilives.
lint this creates m material distinclion. \N hen
chosin, they are all repiesi'ntativi'-< of the United
Slates, not representatives of the |iaiticular
State from which they comi'. They are paiil liy
the United States, not by the Stat(>, nor are they
accountable to it for any act done in the per-
formance of their legislative functions ; and
however they may in practice, as it is their
duty to do, consult and prefer the interests of
their particular constituents, when they come in
conflict with any other partial or local interest,
yet it is their first and highest duty, as repre-
sentatives of the United States, to promote the
general good.

"The constitution of the United States, then,
forms u government, not a league; and whether
it be formed by compact between the States, or
in any other manner, its character is the same.
It is a government in which all the peo))le are
represented, which operates directly on the \>eo'
pie individually, not upon the States — they re-
tained all the power they did not grant. ISut
each State, having expressly parted with so
many powers as to constitute, jointly with the
other States, a single nation, cannot, from that
period, possess any right to secede, because
such secession does not break a league, but de-
stroys the unity of a nation ; and any injury to
that unity is not only a breach which would re-
sult from the contravention of a compact, but it
is an ollence against the whole Union. To say
that any State may at pleasure secede from the
Union, is to say that the United States are not
a nation; because it would be a soleci.«m to con-
tend that any part ef a nation might dissolve its
connection with the other parts, to their injury
or ruin, without committing any offence. Seces-
sion, like any other revolutionary net, may bo
morally justified by the extremity of oppression ;
but, to call it a constitutional right, is confound-
ing the meaning of terms ; and can only Ije done
throut'i gross error, or to deceive tho.-e who arc
willin',' to assert a right, but would pause before
they made a revolution, or incur the penalties
consequent on a failure.

/,.

■'■^'i

302

TIIIR'n' YEAItS* VIEW.

Il •.

'• Fellow-citizens of my native State, let me
nof only admonish you, as the Kir«t Magistrate
of oiir common country, not to incur the penalty
of its laws, hut use the influence that a father
would over his children whom he saw rushing
to certain ruin. In that patt^rnal lanji^iage, with
that paternal feelinfr, let me tell you, my coun-
trymen, that you are delude<l by men who are
cither <leceived themselves, or v ish to deceive
you. Mark under what pretences you have been
led on to the brink of insurrection and treason,
on which you stand I First, a diminution of the
value of your staple commodity, lowered by over
production in other quarters, and the consequent
diminution in the value of your lands, were the
sole effect of the tariff laws.

" The effect of those laws was confessedly in-
jurious, but the evil was greatly exaggerated by
the unfounded theory you were taught to believe,
that its burdens were in proportion to your ex-
ports, not to your consumption of imported
articles. Your pride was roused by the assertion
that a submission to those laws was a state of
vassalage, and that resistance to them was equal,
in patriotic merit, to the oppositions our fathers
offered to the oppressive laws of Great Britain.
You were told this opposition might be peace-
ably, might be constitutionally made ; that you
might enjoy all the advantages of the Union,
and bear none of its burdens. Eloquent appeals
to your passions, to your State pride, to your
native courage, to your sense of real injury,
were used to prepare you for tl>3 period when
the mask, which concealed the hideous features
of disunion, should be taken off. It fell, and you
were made to look with complacency on objects
which, not long since, you would have regarded
with horror. Look back to the arts which have
brought you to this state ; look forward to the
consequences to which it must inevitably lead !
Look back to what was first told you as an in-
ducement to enter into this dangerous course.
The great political truth was repeated to you,
that you had the revolutionary right of resisting
all laws that were palpably unconstitutional and
intolerably oppressive ; it was added that the
fight to nullify a law rested on the same prin-
ciple, but that it was a peaceable remedy ! This
character w^hich was given to it, made you re-
ceive with too much confidence the assertions
that were made of the unconstitutionality of the
law, and its oppressive effects. Mark, my fellow-
citizens, that, by the admission of your leaders,
the unconstitutionality must bo palpable, or it
will not justify either resistance or nullification !
What is the meaning of the word palpable, in
the sense in which it is here used 1 That which
is apparent to every one ; that which no man
of ordinary intellect will fail to perceive. Is
the unconstitutionality of these laws of that
description ? Let those among your leaders
who once approved and advocated the principle
of protective duties, answer the question ; and
let them choose whether they will be considered
as incapable, then, of iierceiving that which must

have been apparent to every man of comnif n
understanding, or as imposing upon your conii
dence, and endeavoring to mislead you ti'.ir.
In cither case they are unsafe guides in tl,f
perilous path they urge you to tread. Poi.rl, r
well on this circumstance, and you will know
how to appreciate the exaggerated lanjnmp.
thoy address to you. They are not chiunpinn^
of liberty emulating the fame of our revolntjcn-
ary fathers ; nor are you an oppressed people.
contending, as they rejwat to you, against worsK-
than colonial vassalage.

" You are free members of a flourishin? an-l
hapi)y Union. There is no settled desijni to
oppress you. You have indeed felt the uneqtml
operation of laws which may have been unwisclv,
not unconstitutionally passed ; but that inel
quality must necessarily be removed. At the
very moment when you were madly urged on
to the unfortunate course you have bogim, a
change in public opinion had commenced. The
nearly approaching payment of the public debt,
and the consequent necessity of a diminution
of duties, had already produced a considerable
reduction, and that, too, on some articles of
general consumption in your State. The impor-
tance of this change was underrated, and you
were authoritatively told that no further allevi-
ation of your burdens was to be expected, at the
very time when the condition of the country
imperiously demanded such a modification of
the duties as should reduce them to a just ami
equitable scale. But, as if apprehensive of the
effect of this change in allaying your discontents,
you were precipitated into the fearful state in
which you now find yourselves.

" I adjure you, as you honor their memory •
as you love the cause of freedom, to which th'ev
dedicated their lives ; as you prize the peace of
your country, the lives of its best citizens, and
your own fair fame, to retrace your steps.
Snatch from the archives of your State the dis-
organizing edict of its convention ; bid its mem-
bers to reassemble, and promulgate the decided
expreasions of your ^ill to remain in the path
which alone can conduct you to safety, prosperity
and honor. Tell them that, compared to dis-
union, all other evils are light, because that
brings with it an accumulation of all. Declare
that you will never take the field unless the
star-spangled banner of your country shall float
over you ; that you will not be stigmatized when
dead, and dishonored and scorned while you
live, as the authors of the first attack on the
constitution of your country. Its destroyers
you cannot be. i ou may disturb its peace, you
may interrupt the course of its prosperity, you
may cloud its reputation for stability, but its
tranquillity will be restored, its prosperity will
return, and the stain upon its national character
will be transferred, and remain an eternal blot
on the memory of those who caused the disorder.

" Fellow-citizens of the United States, the
threat of unhallowed disunion, the names of
those, once respected, by whom it is uttered,

the army of n
li.o approach
jiic c'intinuant
,,.ir poliliciil
;rii' irovemnu'
Hire ilemaude<l
fiatiiin, not oi
jirinciples of
ivsoried of a ri
of tlic Union,
liiLasure, a fra
reliition to the <
jiid tlic constr
bv which it w
liaving the ful
ihelcfrul andcc
which has be
contldence, on
lit termination
the Union by i
if possible, by :
necessity of a i
will of Heaven
curse on man
olood should i
called down bj
tlie United Sta
• Fellow-citi
before you. O
corernment de
question it invi
ivill be preservl
us as one peopl
can doubt that
decision will b
inspire new coi
and that the ]
.^jurage which
transmit them
our children."

MESSAGE ON 1

In his annual i
ing of the sese
adverted to th
hinting at th(
Union, express
reducing the d
public debt w
put an end tc
did not, and t
the executis-e |
powers than i(
promised to m

AXNO 1933. ANDREW JACKSON, TRESIDKNT.

303

liic array of military force to support it, ilenotc !
[he n|<[iriiacli of a crisis in our allairH, on which
[he ciiiitinuancc of our unexaniplod prosi*rity, !
, ir political existence, and iK-rliaps that of all
i'rti' (rovcninicnts, may <io|H'n(i. The conjunc-
iiire "IcmantlcHl a free, a full, and explicit eniin-
fiatidn, not only of my intentions, but of my
irincipk'S of action ; and, as the claim was
i^vsiTieJ of a TipUt by a State to annul the laws
of the Union, and even to gecudo from it at
pleasure, a frank exposition of my opinions in
fihition to the oripin and form of our government,
jiid the construction I pive to the instrument
l,y which it was created, seemed to be proper.
liavinfr the fullest confidence in the justness of
thi' Icpil and constitutional opinion of my duties,
which has been expressed, I rely, with equal
contklence, on j'our undivided support in my
di termination to execute the laws, to preserve
the Union by all constitutional means, to arrest,
if possible, by moderate, but firm measures, the
iiiwssity of a recourse to force ; and, if it be the
nill of Heaven that the recunence of its primeval
curse on man for the shedding of a brother's
olood should fall upon our land, that it be not
called down by any offensive act on the part of
ijie United States.

" Fellow-citizens : The momentous case is
before you. On your undivided support of your
i:orcrnment depends the decision of the great
question it involves, whether your sacred Union
will be preserved, and the blessings it secures to
us as one people shall be perpetuated. No one
can doubt that the unanimity with which that
decision will be expressed, will be such as to
inspire new confidence in republican institutions,
and that the prudence, the wisdom, and the
rturage which it will bring to their defence, will
transmit them unimpaired and invigorated to
our children."

CHAPTER LXXX.

MESSAGE ON THE SOUTH C.VUOLINA PEOCEED-
INOd.

In his annual message to Congress at the open-
ing of the session 1832-'33, the President had
adverted to the proceedings in South Carolina,
hinting at their character as inimical to the
Union, expressing his belief that the action in
rcdncing the duties which the extinction of the
public debt would permit and require, would
put an end to those proceedings ; and if they
did not, and those proceedings continued, and
the executive government should need greater
powers than it possessed to overcome them, he
promised to make a communication to Congress,

showing the state of the question, — what had
Itoon done to compose it, — aiul n.»kinv' for tlm
powers which the oxijjtnoy dinianUrd. Tho
proceedings not ceasing, and taking diiily a more
aggravated form in the organization r)f troops,
the collection of arms and of mtinitions of war.
and in declarations hostile to the Union, he found
himself required, early in January, to make the
promisc<l communication ; and did so in a mes-
sage to both Houses, of which t!»e following are
the es.sential parts which In-long to history and
posterity :

" Since the date of my last annual message. I
have Iiad oflicially transmitted to me by the
Governor of South Carolina, which I now com-
municate to Congress, a copy of tho ordinance
passed by the convention which assembled at
Columbia, in the State of South Carolina, in
November last, declaring certain acts of Congress
therein mentioned, within tho limits of that
State, to be absolutely null and void, and mak-
ing it the duty of tho legislature to jia.ss such
laws as would be necessary to carry the same
into effect from and after the 1st of February
next

" The consequences to which this extraordi-
nary defiance of the just authority of the gov-
ernment might too surely lead, were clearly
foreseen, -"nd it was impossible for me to hesi-
tate as to m^' own duty in such an emcrgencj'.

"The ordinance had been passed, however,
without any certain knowledge of the recom-
mendation which, from a view of the interests
of the nation at large, the Executive had deter-
mined to submit to Congress ; and a hope was
indulged that, by frankly explaining his senti-
ments, and the nature of those duties which the
crisis would devolve upon him, the authorities
of South Carolina might be induced to retrace
their steps. In this hope, I determined to issue
my proclamation of the 10th of December last,
a copy of which I now lay before Congress.

" I regret to inform you that these reasonable
expectations have not been realized, and that
the several acts of the legislature of South
Carolina, which I now lay before you, and which
have, all and each of them, finally passed, after
a knowledge of the desire of the administration
to modify the laws complained of, are too well
calculated, both in their positive enactments,
and in the spirit of opposition which they obvi-
ously encourage, wholly to obstruct the collec-
tion of the revenue within the limits of that
State.

" Up to this period, neither the recommenda-
tion of the Executive in regard to our financial
policy and impost system, nor the disposition
manifested by Congress promptly to act upon
that subject, nor the unequivocal expression of
the public will, in all parts of the Union, ap-
pears to have produced any relaxation in th«

'..-•t

■:i ••■

'•.I*

304

TIIIIITV YEAIIS* VIEW.

1 I

nicasuPL's of opposition nfloptcd by the State of
South (.'iirnliiiu; nor is fhciv iiny rcniion to ho|K'
that the oriiiniinci! ami hnvA will In; abandoned.

" I have no knonled):e that an attempt has
been niade, or that it is in contemplation, to
ix'assumble either tlie convention or the legls-
latiiri' ; and it will bo perceived that the inter-
val befoiv the Ist of February is too short to
admit of tiie preliminary .stejis necessary for
that purj)ose. Jt ajipears, moreover, that the
State authorities are actively organizing their
military resources, and providing the means,
and pivinfr the most Kolemn assurances of pro-
tection and support to all who Bhall enlist in
opi»osition to the revenue laws.

"A R'cent jiroclamation of the present Gover-
nor of South Carolina has ojjcnly defied the au-
thority of the Executive of the Union, and gene-
ral orders from tlie head quarter:; of the State
announced liis determination to accept the ser-
vices of volunteers, and his belief that, should
their country need their services, they will be
found at the post of honor and duty, ready to
lay down their lives in her defence. Under
these orders, the forces referred to are directed
to ' hold themgclves in readiness to take the
field at a moment's warning ;' and in the city of
Charleston, within a collection district and a
lM)rt of entry, a rendezvous has been opened for
the purpose of enlisting men for the magazine
and municipal guard. Thus, South Carolina
presents herself in the attitude of hostile prepa-
ration, and ready even for military violence, if
need be. to enforce her laws for preventing the
collection of the duties within her limits.

"Proceedings thus announced and matured
must be distinguished from menaces of unlawful
resistance bj- irregular bodies of people, who,
acting under temporary delusion, may be re-
strained by reflection, and the influence of public
opinion, from the commission of actual outrage.
In tiie present instance, aggression may be re-
garded as committed when it is odicially au-
thorized, and the means of enforcing it fully
provided.

'■' Under these circumstances, there can be no
doubt that it is the determination of the autho-
rities of South Carolina fully to carry into ellect
their ordinance and laws after the 1st of Febru-
ary. 1 1 therefore becomes my duty to bring the
subject to the serious consideration of Congress,
in order that such measures as they, in their
wisdom, may deem fit, shall be seasonably pro-
vided ; and that it may be thereby understood
that, while the government is disposed to re-
move all just cause of complaint, as far as may
be practicable consistently with a proper regaiid
to the interests of the community at large, it is,
nevertheless, determined that the supremacy of
the laws shall be maintained.

" In making this communication, it appears to
me to be proper not only that I shouW lay be-
fore you the acts and proceedings of South Ca-
rolina, but that I should also fully acquaint you
with those steps which I have already caused to

Ix) taken for the diu' collection of the rpv^n-if.
and with my views of the Kubject j:en<rnllv. thij
the BUgcestions which the constitution n"|iiirt>^
me to make, in regard to your future legislmiij;
may ho better imdcrstood.

"This subject, having early attracted tlicanv-
ious attention of the E.xectitivc, as .soon as it w-,,..
])robable that the authorities of South Caiiiln .i
seriously meditated resistance to the faithful tx,..
cution of the revenue laws, it was dceniwl ai.
visable that the Secretary of the Treasurj- shiMiM
particularly instruct the otticers of the I'niti 1
States, in that part of the Union, as to the :n
ture of the duties prescribed by the exisijii-
laws.

" Instructions were accordingly issued, on the
sixth of November, to the collectors in tlmt
State, pointing out their respective duties, ami
enjoining upon each a firm and vigilant, but dis-
creet performance of them in the emergency then
apprehended.

" I herewith transmit copies of these instnic-
tions, and of the letter addressed to the district
attorney, requesting his co-operation. Tlicsu
instructions were dictated in the hope tliat, a<
the opposition to the laws, by the anonialoiis
proceeding of nullification, was represented to
be of a pacific nature, to bo pursued, substan-
tially, according to the forms of the constitution.
and without resorting, in any event, to force < r
violence, the measures of its advocates woukl ]k
taken in conformity with that profession ; ami.
on such supposition, the means aflbrded by tlie
existing laws would have been adequate to meit
any emergency likely to arise.

" It was, however, not possible altogether to
suppress apprehension of the excesses to which
the excitement prevailing in that quarter mijriii
lead ; but it certainly was not foreseen that the
meditated obstruction to the laws would so goon
openly assume its present character.

" Subsequently to the date of those instruc-
tions, however, the ordinance of the convention
was passed, which, if complied with by the jeo-
ple of that State, must eflectually render in-
operative the present revenue laws within her
limits.

" This solemn denunciation of the laws and
authority of the United States has been follow-
ed up by a series of acts, on the part of the
authorities of that State, which manifest a de-
termination to render inevitable a resort to those
measures oi self-defence which the paramount
duty of the federal government requires ; lut,
.upon the adoption of which, that State will
proceed to execute the purpose it has avowed in
this ordinance, of withdrawing from the Union.

"On the UTth of November, the legislature
assembled at Columbia ; and, on their nK'etin>:,
the Governor laid before them the ordinance of
the convention. In his message, on that occa-
sion, h"? acquaints them that ' this ordinance ha
thus be -^ome a part of the fundamental law; of
South Carolina ;' that ' the die has been at la.-t
cast, and South Carolina has at length ajipcahd

ANNO icr.x ANDUKW JACK.sOX, mi^IDENT.

305

;t reqiiirt'S ; but,

lolier iiltcrior s(ivor<.'is.'iity a>; a ni-mlH-r of tJiis
cijiit'i'ilenwy, and Ims plaiitnl licr-»'ll on luT re-
sonc'l rifrht.-'. 'Ilie ii;;liiriil cxcit'isi' (if tlii^
|K;wer irt not a i|iK'Stii)ii wliicli we sliall siiv ,
liiiijriT ar<rn". It is 8uflicicnt that .'«li'.' lias willed :
it. and tliat the act is done; nor is its strict
ciim|iatibility witli our cniistitutiunal ohlication
|i) ail laws passed hy the jreneral jrovernnient,
within tl»e authnri/.ud grants of jiower, to Ik; i
(iraivn in que>ti"n, when this interftosition is I
exerted 'n a case in which the compact has In-'en i
[iiiljiably, delihenitely, and daiijrerously violated, j
Tliat it brinsis up a conjuncture of deep and ino-
mcntons interest, is neither to l>e concealed nor
(li'iiicd, This crisis presents a chuss of duties
which is referable to yourselves. You have
ki'n commanded by the people, in their hi};hest
sovcreijrnty, to take care that, within the limits
of this State, their will shall Ik) obeyed.' 'The
measure of legis!ati<m,' he says, ' which you have
to employ at this crisis, is the preci.sc amount of
siicii enactments as may be necessary to reii 'i-r
it utterly impossible to collect, within our limits,
the duties imposed by the protective tarill's thus
miUiticd.' He proceeds : ' That you should arm
every citizen with a civil process, by which he
may claim, if he pleases, a restitution of his
goods, seized under the existing imposts, on his
giving: security to abide the issue of a suit at
law, and, at the same time, define what shall
constitute treason a,Q;ains^ the State, and, bj' a
bill of pains and penalties, compel obedience,
and punish diaobetlience to your own laws, arc
points too obvious to require any discussion. In
one word, you must survey the whole ground.
You must look to and provide for all possible
contingencies. In your own limits, your own
courts of judicature must not only be supreme,
but you must look to the ultimate issue of any
conflict of jurisdiction and power between them
and the courts of the United States.'

'■ The Governor also asks fur power to g»ant
cl(?arances, in violation of the laws of the Union ;
and, to prepare for the alternative which must
happen, unless the United States si -^ll passively
surrender their authority, and the Executive,
(lisregariling his oath, refrain from executing the
laws of the Union, he recommends a thorough
revision of the militia system, and that the Go-
vernor " be authorized to accept, for the defence
of Charleston and its dependencies, the services
of two thou.<and volunteers, either by companies
or files ; ' and that they be formed into a legion-
ary brigade, consisting of infantry, riflemen, ca-
valry, field and heavy artillery ; and that they
be ' armed and equipped, from the public arse-
nals, completely i'or the field ; and that appro-
priations be made for suppl^'ing all deficiencies
in our munitions of war.' In addition to these
volunteer draughts, he recommends that the
Governor be authorized ' to accept the services
of ten thousand volunteers from the other di-
visions of the Stata, to bo organized and ar-
ranged in regiments and brigades;' the olfi-
ws to be selected by the conunauder-iu-chief ;

Vol. I.— 20

and tliat tlii- wln.le forr" be e:illt-d the \<*tato
Guanl.'

"If tlie^e n)(';»>iireH finiint tM> diTf.-i'cd and
overcame, iiy the iimver caufi'rrL'd by the con-
stitution OH the fediTii ;ji>virnment, the ronsti-
tut!'>'> I^u^t be cupri'it'ri d as inf'>ni|Kteiit to its
own defei'.cc, th^' s ■.p.ciiiicy of the laws is at an
end. and the right.? i::'d liberties of the citizens
can no long'T ii.-<>'ive protection from the p>-
veniinent of the Union. They not only abi^)-
gate the acts of Congre-s. commonly called tlio
tariff acts of 1^:28 and [H.V2. but they jirostrate
and sweep away, at or.ce. and without e.vception,
every act, and every part of every act, imposing
any umoiuit whatever of duty on any foreign
merchandise ; and, virtually, every existing act
which has cTer been pas.sed authorizing the col-
lection of the revenue, including the act of IHlti.
and, a(.<o. the collection law of 171)9, the consti-
tutionality of which hiis never Injen questioned.
It is not only those duties which are charged to
liave been imposed for the prot'ction of manu-
facture" that are thereby repealed, but all others,
th(»ugh uvid for the purpose of revenue merel}',
and upon articles in no degree suspected of being
objects of pri tection. The whole revenue sys-
tem of the United States, in South Carolina, is
obstructed and overthrown ; and the govern-
ment is absolutely prohibited from collecting
any part of the public revenue within the limiti
of that State. Henceforth, not only the citizens
of South Carolina and of the Unite'" 'States, but
the subjects of foreign states, may .^njiort any
description or quantity of n\crchandise into the
l)orts of South Carolina, without the jjuyment
of any duty whatsoever. That State is thus re-
lieved from the payment of any part of the pul>
lie burdens, and duties and imposts are not only
rendered not uniform throughout the United
States, but a direct and ruinous preference is
given to the ports of that State over those of all
the other States of the Union, in miinifest viola-
tion of the positive provisions of the constitution.

" In point of duration, also, thb:?e aggressions
upon tlie authority of Congress, which, by the
ordinance, arc made part of the fundamental law
of South Carolina, are absolute, indefinite, and
without limitation. They neither prescribe the
period when they shall cease, nor indicate any
conditions ujion which those who have thus un-
dertaken to arrest t!ie operation of the laws are
to retrace their steps, and rescind their measures.
They offer to the United States no alternative
but unconditiontil suljinission. If the scope of
the ordinance is to be received as the scale of
concession, their demands can be satisfied only
by a repeal of the whole system of revenue laws,
and by abstaining from the collection of any
duties or imposts whatsoever.

" By the.se various proceedings, therefore, the
State of South Carolina has foiced the general
government, unavoidably, to decide the new
and dangerous alternative of permitting a Stato
to obstruct the execution of the laws within its
1 limits, or .seeing it attempt to execute a threat

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30(5

TIIIKIT YKAH.S- Vir.W.

of witlidrawinj: from the Cnion. That portion
of the {icojile at prevent excrd.'-in^' tlie authority
of the State, HoU'tiiiily afnert their ri^^ht to (h>
either, and as solemnly announi't- their detLTUii-
nation to do one or tlie other.

'■ In my opinion. 1io;h purjioses niv to he re-
(rarded as revolutionary in their cliaracter and
l.Midency, mid Mil.^ers.Ti! of the supremacy of
the hiu's and of the intejrrity of the Union.
'I'iie result of each is the same ; since a State in
which, by a usurpation of power, the constitu-
tional authority of the federal government is
openly delied and Pet aside, wants only the
form to bo indejiendent of tlie Union.

'• Tiie right of the people of a single State to
nbso've tliemselves at will, and without the
consent of the other States, from their most
solemn obligations, and hazard the liberties and
Imppiness of the millions composing this Union,
cannot be acknowledged. Such authority is
believed to be utterly repugnant both to the
principles upon which the general government
is constituted, and to the objects which it is ex-
pressly formed to attain.

"Against all acts which may be alleged to
transcend the constitutional power of the gov-
ernment, or which may be inconvenient or op-
pressive in their operation, the constitution it-
self has prescribed the modes of redress. It is
the acknowledged attribute of free institutions,
that, under them, the empire of reason and law
is substituted for the power of the sword. To
no other source can appeals for supposed wrongs
be made, consistently with the obligations of
South Carolina ; to no other can such appeals
be made with safety at any time ; and to their
decisions, when constitutionally pronounced, it
becomes the duty, no less of the public authori-
ties than of the people, in every case to yield a
patriotic submission,

" In dciilding upon the course which a high
«ense of duty to all the people of the United
States imposes upon the authorities of the
Union, in this •emergency, it cannot be over-
looked that there is no sulMcient cause for the
acts of South Carolina, or for her thus plac;ing
in jeopardy the happiness of so many millions of
people. Misrule and oppression, to warrant
r.he disruption of the free institutions of the
Union of these States, should be great and last-
ing, defying all other remedy. For causes of
minor character, the government could not sub-
mit to such a catastrophe without a violation of
its most sacred obligations to the other States
of the Union who have submitted their destiny
to its hands.

"There is, in the present instance, no such
cause, either m the degree of misrule or oppres-
sion complained of, or in the hopelessness of re-
dress by constitutional means. The long sanc-
tion they have received from the proper author-
ities, and from the people, not less than the un-
exampled growth and increasing prosperity of
so many millions of freemen, attest that no
such oppression as would justify or even palliate

such a resort, can be justly imputed cither to
the preseiii policy or past nieasure.s of the fnie.
ral provcmment. The same mode of collectinj;
duties, and for the same general olijerts, whid,
began with the foundation of tlic government
and which has conducted the country, throiifrh
its subsequent steps, to its prcrent enviable con
dition of happiness and renown, has not Utn
changed. Taxation and representation, the
great principle of the American Kevolution. have
continually gone hand in hand ; and at all tinits
and in every instance, no tax, of any kind, has
been imposed without their participation ; and
in some instances, which liave been complained
of, with the express assent of a par* of tlie n jj-
resentatives of South Carolina in the counciis
of the government. Up to the present iHriod,
no revenue has been raised beyond the ncccssi-
ry wants of the country, and the authorized ex-
penditures of the government. And as soon as
the burden of the public debt is removed, those
charged with the administration have promptly
recommended a corresponding reduction of rev-
enue.

" That this system, thus pursued, has resulted
in no such oppression upon South Carolina,
needs no other proof than the solemn and official
declaration of the late Chief Magistrate of that
State, in his address to the legislature. In that
he says, that ' the occurrences of the past year,
in connection with our domestic concerns, are
to be reviewed with a sentiment of fervent gra-
titude to the Great Disposer of human events ;
that tributes of grateful acknowledgment are
due for the various and multiplied blessinas he
has been pleased to bestow on our people f that
abundant harvests, in every quarter of the State,
have crowned the exertions of agricultural labor ;
that health, almost beyond former precedent,
has blessed our homes ; and that there is not
less reason for thankfulness in surveying our
social condition.' It would, indeed, be difficult
to imagine oppression where, in the social con-
dition of a people, there was equal cause of
thaukfulness as for abundant harvests, and varied
and multiplied blessings with which a kind Pro-
vidence had favored them.

" Independently of those consideration?, it will
not escape observation that. South Carolina still
claims to be a component part of the Union, to
participate in the national councils, and to share
in the public benefits, without contributing to
the public burdens ; thus asserting the danger-
ous anomaly of continuing in an association
without acknowledging any other obli^-tion to
its laws than what depends upon her own will,

" In this posture of affairs, the duty of the
government seems to be plain. It inculcates a
recognition of that State as a member of the
Union, and subject to its authority ; a vindica-
tion of the just power of the constitution ; the
preservation of the integrit}' of the Union ; and
the execution of the laws by all constitutional
means.

■'The constitution, which hie oath of offic«

:!k' state of tl

ANN(t l^;,8. ANDREW JAi'KSON-, ri:i>ir»F:NT.

307

1 oath of ofli«

vljliffcs him to siijipr.rt. floplnn"* that the Execii-
■ ve 'shall take rare that tlie lawn Ik- faithfully
viciit'-'d; ' and, in providin;; that la- shall, from
!iiie to time, liivo to Coiigresa infunnation of
:!n' state of the rniun. and recommend to tlieir
,;.,iiMd'.'ration such miasures as he shall jiuipc
Mi'tssary and exjK'dient, imposes the additional
..l)li|.'ation of recommending to Congress such
more elficicnt pnjvision for executing the laws
15 may, from tiMie to time, he found requisite.

'■It heing thuR shown to ho the duty of the
Kxecutive to execute the laws by all constitu-
tioniil means, i'c remains to consider the extent
nf those already at his disjiosal, and what it may
Ik) proper further to provide.

" In tlw instructions of the Secretary of th?
Tft-asury to the collectors in South Carolina, the
irovisions and regulations made by the act of
]'')0, and also the tines, penalties, and forfeitures,
f.r their enforcement, are particularly detailed
in'l explained. It may be well apprehended,
i.owever, that these provisions may prove inad-
iqiiate to meet such an open, powerful, organized
opposition as is to be commenced after the first
day of February next.

'• Under these circumstances, and the provi-
>ions of the acts of South Carolina, the execution
of the laws is rendered impracticable even
through the ordinary judicial tribunals of the
Inited States. There would certainly be fewer
difficulties, and less opportunity of actual colli-
sion between the officers of the United States
mJ of the State, and the collection of the revenue
would be more eflectually secured — if indeed it
can be done in any other way — by placing the
oistoin-houso beyond the immediate power of
the county.

" For this purpose, it might be proper to pro-
vide that whenever, by any unlawful combination
or obstruction in any State, or in any port, it
should become impracticable faithfully to collect
tiie duties, the President of the United States
•hould be authorized to alter and abolish sucli
(if the districts and ports of entry as should be
necessary, and to establish the custom-house at
fome secure place within some port or harbor
of such State ; and, in such cases, it should be
the duty of the collector to reside at such place,
and to detain all vessels and cargoes until the
duties imposed by law should be properly sc-
oured or paid i;i cash, deducting interest ; that,
in such cases it should be unlawful to take the
vessel and cargo from the custody of the proper
otliccr of the customs, unless by process from
the ordinary judicial tribunals of the United
States ; and that, in case of an attempt otherwise
to take the property by a force too great to be
overcome by the ofKcers of the customs, it should
he lawful to protect the possession of the officers
by the employment of the land and naval forces,
and militia, under provisions similar to those
authorized by the 11th section of the act of the
ninth of January, 1809.

■'It may, therefore, be desirable to revive,
with some modifications better adapted to tlie

occasion, tlie Cith section of the net of the M of
March. IHIT). wliich expired on the 4th of .Mnivh,
ls|7, by the limitation ol" that of the "JTlh it
Ajiril, ISlii; ami to proviilo tiint, in niiy cit»o
where suit shall lie brought against any imlivi-
du.ll in the courts of the State, for any act (lone
imder the lavs of the I iiited State.x, he shoull
be authorized to lemove the said cause, by \)vU
tion, into the Circuit Coiu-t of tlie I'nitiMl Statis.
without any copy of the record, and that (ho
courts should proceed to hearard determine the
same as if it had lacn originally in.stitutid
therein. And that in all ca.'ies of injuries to (lie
persons or property of ir.ilividuals for disobedi-
ence to the ordinance, and laws of South Carolina
in pursuance thereof, rc<lress may be sought in
the courts of the United States. It may be
expedient, also, b}' modifying the resolution of
the 3d of March, 1791, to authori7,c the marshals
to make the necessary provision for the sali;
keeping of pri.'ioners committed under the au
thority of the United States.

" Provisions less than these, consisting, as tin y
do, for the most part, rather of a revival of
the policy of former acts called for by the exist-
ing emergency, than of the introduction of any
unusual or rigorous enactments, would not cause
the laws of the Union to be properly respect d
or enforced. It is believed these would prove
adequate, unless the military forces of the Sttito
of South Carolina, authorized by the late act of
the legislature, should be actually embodied and
called out in aid of their proceedings, and of the
provisions of the ordinance generally. Even in
that case, however, it is believed that no more
will be necessary than a few modifications of
its terms, to adapt the act of 1795 to the present
emergency, as, by the act, the provisions of the
law of 1792 were accommodated to the crisi.s
tlien existing ; and by conferring authority upon
the President to give it operation during the ses-
sion of Coi ress, and without the ceremony of
a proclama .on, whenever it shall be officially
made known to him by the authority of any-
State, or by the courts of the United States.
that, within the limits of such State, the laws
of the United States will Ije openly opposed, and
their execution obstructe<l, by the actual em-
ployment of military force, or by any unlawful
means wliatsoever, too grcat to be otherwise
overcome.

" In closing this communication, I should do
injustice to my own feelings not to express my
confident reliance upon the disposition of each
department of the government to perform its
duty, and to co-operate in all measures necessary
in the present emergency.

" The crisis undoubtedly invokes the fidelity
of the patriot and the sagacity of the statesman,
not more in removing such portion of the public
burden as may be necessary, than in preserving
the good Older of society, and in the mainte-
nance of well-regulated liberty.

"While a forbearing spirit ma}', and [ trust
will be exercised towards the errors of oui

',_ ^^

'M.^

¥|

308

THIRTY YFARS' VIKW.

J>rethreii in ft |iiirticiilarf|iinrtcr. duty to tliiTOst
of tilt" rniiiM (ioiuaiKl'i tliiit i>|icii and orirmiizcd
ri'ci.stimci' ti) till- luw* ^liould nut Lc txccutud
with iiiipiinity.'

iSuch vras the ini'SSiif.x' which I'ri'sideiit Jack-
f">n sent to the two IIoukcs, in relation to the
f'outh (.'arolina iirocccdinjts, and his own to
counteract tlicni ; and it was worthy to follow
the proflaniation, and conccivetl in the spme
f^nirit of jni^tice and [)atrioti3m, and. therefore,
wise and moderate. He knew that there was a
deep feulinfj of discontent in the South, founded
in a conviction tliat the federal government was
working disadvantajreously to that part of the
Union in the vital points of the levy, and the
expenditure of the federal revenue ; and that it
was upon this feeling; that politicians operated
to produce disaffection to the Union. That
feeling of the masses he knew to be just and
reasonable, and removable by the action of
Congress in removing its cause ; and when re-
moved the politicians who stirred up discontent
for '■'^ personal and amlitious objects" would
bL'Come harmless for want of followers, or man-
ageable by the ordinary process of law. His
proclamation, his message, and all his proceedings
therefore bore a two-fold aspect — one of relief
and justice in reducing the revenue to the wants
of till government in the economical adminis-
tration of its affairs ; the other of firm and mild
authority in enforcing the laws against ofl'cnders.
lie drew no line between the honest discontented
masses, wanting only relief and justice, and the
ambitious politicians inflaming this discontent
for ulterior and personal objects. He merely
afiirnied the existence of these two classes of
discontent, leaving to every one to classify him-
self by his conduct ; and, certain that the honest
discontents were the mass, and only wanted
relief from a real grievance, he therefore pursued
tlie measures necessary to extend that relief while
preparing to execute the laws upon those who
should violate them. Bills for the reduction of
the tarifl' — one commenced in the Finance Com-
mittee of the Senate, and one reported from the
Committee of Ways and Means of the House of
Representatives — and both move a in the first
days of the session, and by committees politic uUy
and personally favorable to the President, went
hand in hand with the exhortations in the pro-
clamation and the steady preparations for enforc-
ing the laws, if the extension of justice and the

appeals of reason and patriotit-in i<hoidd pruti
insufficient. Many thought that he oupht u
relax in his civil measures forallajing di.<cont(ii|
while f-outh Carolina held the military attitui!,:
of arme<l defiance to the United States— an.)
among them Mr. Quincy Adams. But ho ni!
hcred steadily to his purpose of going on witli
what justice required for the relief of the Soutii
antl promoted, by all the means in his pow( i
the success of the bills to reduce the revcnne,
especially the bill ir. the House ; and whicli.
Ix-ing framed upon that of 1810 (which h[,\
the support of ^Ir. Calhoun), and which wa,
(now that the public debt was paid), sufficient
both for revenue and the incidental protct-tiori
which manufactures required, and for the rtliii'
of the Scuth, must have the effect of satisfyin,'
every honest discontent, and of exposing and
estopping that which was not.

CHAPTER LXXXI.

REDUCTIOX OF DUTIES.-ME. VEKPLANK'S BILL

Reduction of duties to the estimated amount
of thpee or four millions of dollars, had been
provided for in the bill of the preceding session,
passed in July, 1832, to take effect on the 4tb
of March, ensuing. The amount of reduction
was not such as the stale of the finances ad-
mitted, or the voice of the country demanded,
but was a step in the right direction, and a good
one, considering that the protective policy was
still dominant in Congress, and on trial, as it
were, for its life, before the people, as one of th(
issues of the presidential election. That elcc
tion was over ; the issue had been tried ; had
been found against the " American system," and
with this finding, a further and larger reduction
of duties was exi)ected. The President had re-
commended it, in his annual message j and the
recommendation, being referred to the Commit-
tee of Ways and Means, quickly produced a bill
known as Jlr. Verplank's, because reported bv
the member of that name. It was taken up
promptly by the House, and received a very per-
spicuous explanation from the reporter, who
gave a brief view of the financial history of the
country, since the late war and stated that—

ANNO 1S33. ANDREW JArKSON, I'RK-iinKNT

309

:RrLANK'8 BILL

1 on trial, as it

•• Durinj; the lii'^t six years, nil nnniial avprnpc
income of 27,(JiK).(iOO of duliarx lia<i Imk'ii n-
rt'ivcd ; the far piv.iter part from llii' ciistcniis.
That this hiim Umi hwi s5iprr)i)iiiit«Ml, thi' oiii-
half towards the necessary cxik'Ucc'S of the pi-
fornment, nnd the othf iialf in tiie |rr»yinent of
the public debt. In revicwin;: tlio regular calls
iiI)on the treasury, durinp tli-^ lii-^t seven years,
fur the civil, navul, and military dejmrtments of
the povernment, in.-ludinK all ordinary coiitin-
rencies, about 13,tt(Hi,U()() of .loliars a year had
bt-en expended. The amount of 13,tl6(),0l)() of
dollars would seem, even now, sufiicient to cover
liie Ptandinfj necea<ary expenses of povernment.
A long; delayed debt of public justice, for he
v.-ould not call it bounty, to tiie soldiers of the
I'tvchition, had added, for the present, since it
could be but for a lew years only, an additional
annual million. Fourteen millions of dollars
then covered the necessary expenditures of our
government. But, however ripid nnd economi-
ral we oupht to be in actual expenditures, in
[irovidinp the sources of the revenue, which
might be called upon for unibreseen continpen-
cic'S, it was wise to arrange it on a liberal scale.
Tills would be done by allowinp an additional
million, which would cover, not only extra ex-
]ii;nscs in time of peace, but meet those of
Inilian warfare, if such should arise, as well as
tliose of increased naval expenditure, from tcm-
]iorary collisions with foreign powers, short of
permanent warfare. We are not, therefore, jus-
tifiable in raising more than 15,000,000 dollars
as a permanent revenue. In other words, at
least 13,000,000 dollars of the revenue that
nrould have been collected, under the tariff sys-
tem of 1828, may now be dispensed with ; and,
ill years of great importation, a much larger
sum. The act of last summer removed a large
portion of this excess ; yet, taking the importa-
tion of the last year as a standarci, the revenues
derived from that source, if calculated according
to the act of 1832, would produce 19,500,000,
and, with the other sources of revenue, an in-
come of 22,000,000 dollars. This is, at least.
seven millions above the wants of the treasury."

This was a very satisfactory statement. The
public debt paid off; thirteen millions (the one
half) of our revenue rendered unnecessary ; its
reduction provided for in the bill ; and the tariff
of duties by that reduction brought down to the
standard subtantially of 1810. It was carrying
back the protective system to the year of its
commencement, a little increased in some parti-
culars, as in the article of iron, but more than
compensated for, in this increase, in the total
abolition of the minimums, or abritrary valua-
tions—first introduced into that act, and after-
wards greatly extended — by which goods costing
below a certain sum were to be assumed to have

cost that sum. and rated f-T duly ari^onlitiirly.
."~!i',ch a bill, in tlie jiid'.'nient of tlie prariic.jl nnd
ex| crit iici'd lc>:i-l;itor (fJintral ."^tnitii, of .^F,■lr^ -
land, himself a friiiul to the inannnittiiiin^' in-
terest), was entirely sntliciiiit for the ninnula<'-
turcr — the man eii;'np<'<l in the business, nnd un-
derstnndinp it — thouph not sutUcien* for the
capitalists who tnrne<l their money into (li;it
channel, utnler the stimulus of lepislativo j.ro-
tection, and lucked skill and eare to coniluct tlieir
entcrjtrise with the econoni}- which gives liirit^
mate profit, nnd to such realinanufactuivis.it
was bound to Ix; satisfactory. To tlie great o]-
ponents of the tariff (the South Carolina sehmil ),
it was nl.«o bound to be satisfactoiy, as it ciirrii'i
back the whole system of duties to the standard
at which that school had fixed them, with tho
great amelioration of the total abolition of the
arbritrary and injurious minimums. 'J'hu bili,
then, seemed bound to conciliate every fair inte-
rest: the government, becau.-;e it gave all the
revenue it needed ; the real manufacturers, be-
cause it gave them an adequate incidi'iital pro
tcction ; the Soutli, because it gave them their
own bill, and that ameliorated. A prompt pas-
sage of the bill might have been expected ; on
the contrary, it lingered in the House, under in-
terminable debates on systems and theories, in
which ominous signs of conjunction were seen
between the two extremes whieli had been lately
pitted against each other, for nnd aptiiist tlio
protective system. The immediate friends of
the administration seemed to be the only ones
hearty in the support of the bill ; but they were
no match, in numbers, for those who acted in
concert against it — spinning out the time in ste-
rile and vagrant debate. The 25th of February
Had arrived, and found ihe bill still afloat upon
the wordy sea of stormy debate, when, all of a
sudden, it was arrested, knocked over, run un-
der, and merged and lost in a new one which
expunged the old one and took its place. It was
late in the afternoon of that day (Monday, the
25th of February), and within a week of the
end of the Congress, when Jlr. Letcher, of Ken-
tucky, the fast friend of Mr. Clay, rose in. his
place, and moved to strike out the whole Yer-
plank bill — every word, except the enactin^;
clause — and insert, in lieu of it, a bill offered in
the Senate by Mr. ( ay, since called the '■com-
promise," and which lingered ut the door of tho
Senate, up«in a question of leave for its admit-

.1 t

'.7"

%i: ^

f?!

.t| c(.' .

310

nilllTi* YKAIIV VIKW.

taiicc, and opixwition to its intrance there, on
JuTount of its n-vi-nnc clinrnctiT. 'I'liis was of-
ft-rt'd ill tiio House, xvitlioiit notici', willioiit ci;?-
niil, without premonitory syin|«toiii, and just a^
tlie nH'ni?H.Ts were prt'iiarin;; tuadjoin'ii. Some
Wire tjil<en hy niirj)rirte, and h)ol<ed aliout in
ama/ement ; hut tlie majority sliowed coiiscious-
nesH, and, wliat was more, readiness for action.
'J'lic Northern nieinhers, fi-om the jiKut manu-
fiicturinj? States, were astounded, and asked for
dehiy, which, not heinj; pranted, Mr. John Davis,
of Massacliu.settH, one <if tlieir nuniher, tlui.s
gave vent to his amazed feelinj;s :

" lie was preatly surprised at tlio sudden
movement made in tliis House. One short hour
tkjiO, said lie, we were collectiii(!; our pajMirs, and
]iuttin,t; on our outside pirments to go home,
when the gentleman from Kentucky rose, and
proposed to send tiiis bill to a Committee of the
\\'hole on the state of the Union, with instruc-
tions to strike it all out, and insert, by way of
nmondment, an entire new bill, formed upon
entirely dillerent principles; yes, to insert, I
believe, the bill which the Senate now have un-
der consideration. 'J'his motion was carried ;
the business has passed through the hands of the
committee, is now in the House, and there is a
cry of question, question, around me, upon the
engrossment of the bill. "Who that was not a

t tarty to this arrangement, could one hour ago
lave credited this ? Wc have, I believe, been
laboriously engaged for eight weeks upon this
topic, discussing and amending the bill which
hiis been before the House. Such obstacles and
difliculties have been met at every move, that,
1 believe, very little hope has of late been enter-
tained of the passage of any bill. But a gleam
of light has suddenly burst upon us ; those that
groped in the dark seemed suddenly to see their
course; those that halted, doubted, hesitated,
are in a moment made firm ; and even some of
tliose that have made an immediate abandonment
of the protective system a sine qua non of their
approbation of any legislation, seem almost to
favor this measure. I am obliged to acknowl-
edge that gcnticman have sprung the proposition
upon us at a moment when 1 did not expect
it. And as the measure is one of greiit interest
to tho people of the United States, I must, even
at this late hour, when I know the House is
both hungry and impatient,, and when I per-
ceive distinctly it is th' ir pleasure to vote
nvther than debate, beg their indulgence for a
few minutes while I state some of the reasons
which impose on me the duty of opposing the
passage of this act. [Cries from different
parts of the House, 'go on, go on, we will
hear.']

"Mr. Speaker, I do not approve of hasty
legislation under any circumstances, but it is
ispecially to be deprecated in matters of great im-

portance. That this is n measure of great iiii|M.rt
ance, aU'ecting. more or less, the enlin^ jxiimjIi.
tion of file United States, will not be deiiicl
and ought, therefore, to be matured with cari'
and well understood Uy every gentleman wl„i
votes upon it. And yet. sir, a copy has, fur tlm
first time, been laid upon our tables, eiiioi' I
rose to adflivwH you ; and this is the first o|i|Hir-
tunity we have had even to read it. 1 hoi,*
others feel well prepared to act in this pncipj.
tate matter; but 1 am obliged to ocknowleiliru
1 do not ; for I hold even the Itest of intentium
will not, in legislation, excuse the errors ut
haste.

" 1 nm awnro that this measure assumes an
imposing attitude. It is called a bill of com-
promise ; a measure of harmony, of conciliation ;
a measure to heul disailection, and to tsnve
the Union. Sir, I am aware of the imposin.;
etlect of these bland titles; men love to U'
thought generous, noble, magnanimous; but
they ougiit to be equally anxious to acquire tlic
rc^putation of being just. AVhilo rhey are
anxious to compose difliculties in one direction.
I entreat them not to oppress and wrong the
people in another. In their efforts to save tlie
Union, I hojie their zeal will not go so far as h\
create stronger and better-founded discontents
than those they compose. Peacemakers, media
tors, men who allay excitements, and tran-
quillize public feeling, should, obove all con.side-
rations, study to do it by means not oflensiv«
to the contending parties, by means which will
not inflict a deeper wound than the one wliick
is healed. Sir, w hat is demanded by tho,se thai
threaien the integrity of the Union f An aban-
donment of the American system; a formal
lenunciation of the right to protect American
industry. This is the language of the nullifica-
tion convention ; tliey declare they regard tho
abandonment of the principle as vastly more
important than any other matter ; they look tc
that, and not to an abatement of duties without
it; and the gentleman from South Carolina
[Mr. Davis], with his usual frankness, told u*
this morning it was not a question of dollars
and cents ; tho money they regai-ded not, but
they required a change of policy.

" This is a bill to tranquillize feeling, to har-
monize jarring opinions ; it is oil poured into
inflamed wounds ; it is to definitively settle the
matters of complaint. What assurance liave wo
of that ? Have those who threatened the Union
accepted it ? Has any one here risen in his
place, and announced his satisfaction and his de-
termination to abide by it 1 Not a word has
been uttered, nor any sign or assurance of satis-
faction given. Suppose they should vote for the
bill, what then ? They voted for the bill of July
last, and that was a bill passed expressly to save
the Union ; but did they not flout at it? Did
they not spurn it with contempt ? And did not
South Carolina, in derision of that compi-omisc.
nullify the law ? This is a practical illustration
of the exercise of a philanthropic spirit of cou

ANXO 1833. ANDKKW JACKSON. rUr.slDKNT.

nil

ilo-cinsion to Kavo the Union. Your follv nnil
• diir iiiiU^cility wiiH tn-ntftl an a jest, h lian
iilriwly biiii said tliat lliin law will Ik- no umri'
liitifliiiK tliiin any other, ati<l may V- altiTol and
iiiiHiiliod at itlcasuro by any 8nl>iie(|m-nt U'(.'i(*l«-
lun'. In what sense tl<:.'n is it a comproniice ?
poi'S not a coniproni' ■•'•ply »n adjiiMtnieiit <in
urins of agreement? Snpposc, then, that South
Cnrulina should abide by the comproniico while
^)lc• suppoyes it buncticial to the turiti'tStates, and
injurious to her; and when that {)eriod shall
close, the friends of protection shall then i)ro-
]wse to ro-eHtablish the syatcm. AVhat honor-
ulile man, who votes for this bill, cotdd sustain
such a measure ? Would not South Carolina
^;ly, you have no rlRht to change this law, it was
founded on compromise ; you have luul thf^ bene-
lit of your side of the bargains, and now I de-
mand mine 1 Who could answer such a declara-
tion ? If, under such circumstances, you were
to proceed to abolish the law, would not South
Carolina have much more just cause of complaint
and disaffection than she now has?

'• It has been said, wo ought to legislate now,
kcause the next Congress will be hostile to the
tariff. I am aware that such a sentiment has
been industriously circulated, and we have been
exhorted to escape from the hands of that body
as from a lion. But, sir, who knows the senti-
ments of that body on this question ? Do you,
nr does any one, possess any information Wnich
justifies him in asserting that it is more unfriend-
ly than this House ? There is, in my opinion,
little known about this matter. But suppose
the members shall prove as ferocious towards
the tiiriff as those who profess to know their
,)pinions represent, will the passage of this bill
Mop their action ? Can you tie their hands ?
(jive what pledges you please, make what bar-
gains you may, and that body will act its plea-
sure 'vithout respecting them. If you fall short
of their wishes in warring upon the tariff, they
will not stay their hand ; but all attempts to
limit their power by abiding compromises, will
Ije considered by them as a stimulus to act up-
on the subject, that they may manifest their dis-
approbation. It seems to me, therefore, that if
the next Congress is to be feared, wo are pur-
suing the right course to rouse tneir jealousy,
and excite them to action.

" Mr. Speaker, I rose to express my views on
this very important question, I regret to say,
without the slightest preparation, as it is drawn
before us at a very unexpected moment. But,
as some things in this bill arc at variance with
the principles of public policy which I have uni-
formly maintained, I could not suffer it to pass
into a law without stating such objections as
have hastily occurred to me.

"Let me, however, before sitting down, bo un-
derstood on one point. I do not object to a rea-
eona'ile adjustment of the controversies which
exist, I have said repeatedly on this floor, that
I would go for a gradual reduction on protected
vticlcs ; but it must be very gradual, so that no

violence shall 1k> done to bnsinesx; for nil re
diietion is ntcesKarily full of Im/nrd. .Nly olijrc
tioiis to this bill are n<it .-<> niuch n^'vinct tli^
first .''(•veil \eiirs, for I would take the consi-
(|iien('('S of tlmt exixTiiiient. if tlio pmvisions In'-
yond that were n<it of that fatal clianictrr which
will at once stop all eiiterjirise. Hut I do olc
ject to a compronn.se which destines the Ka-t
for the altar. No victim, in my judgement, iii
required, none is necessary ; and jet you pm-
{H>se to bind us, hand and foot, to pour out our
blood upon the altar, ami .smTitice us as a burnt
otfering, to npfieiuse the uiuiutundand unfounded
disconcent of the South; a discaiitr)il, I Jutr.
having dirpir ront than the tariff, and wili
continue when that isjhrt^otteit, I am far fron\
meaning to use the language of menace, when I
say such a compromise cannot endure, nor can
any adjustment endure, which disregards the in-
terests, and sports with the rights of a larjio
portion of the people of the United States. It
has been said that we shall never reach the low-
est point of reduction, before the country wiL
become satisfied of the folly of the expcrimen:.
and will restore the protective jwlicy ; and :t
seems to me a large number in this bodj act
under the influence of that opinion. But I cannot
vote down my princi]iles, on the ground that
some one may come after me who will vote them
up."

This is one of the most sensible speeches ever
delivered in Congress ; and, for the side on which
it was delivered, perfect ; containing also much
that was valuable to the other side. The dan-
gers of hasty legislation arc well adverted to
The seductive and treacherous nature of compro
mise legislation, and the probable fate of the act
of legislation then so called, so pointedly foretold,
wa.s only writing history a few years in advance.
The folly of attempting to bind future Congresses
by e.xtending ordinary laws jears ahead, with a
prohibition to touch them, was also a judicious
reflection, soon to become history ; while the
fear expressed that South Carolina would not be
satisfied with the overthrow of the protective
policy — " that the root of her discontent lay
deeper than the tariff, and would continue
when that was forgotten " — was an apprehen-
sion felt in common with many others, and to
which subsequent events gave a sad rcalizjitioii.
But all in vain. The bill which made its first
appearance in the House late in the evening,
when members were gathering up their over-
coats for a walk home to their dinners, was pass-
ed before those coats had got on th nk ; and
the dinner which was waiting hod b' ittle time
to cool before the astonished members, their
work done, were at the table to eat it. A bill

!•=;■ Ct

Mi , ■

31 J

THIRTV YKARS" VIKW.

witliiiiil |>n-('(.'i|fiit ill tlio iiiin:ilt4 df our Ic^.M.'^ln-
tiuiiainl iiri'toMilin^ to flio iiiiiH'tity of » rtim- 1
jii'oiiii-c, aiiil III hrUU' prciit iiii("-tiiiiiM firi'Vir,
went llirini;:h to its coiisuiimiiitii))i in tlii; I'rai:-
iiicnt of nil I'Vi'iiiri); Hossion, wiliioiit tlio ('iiinpli- '
ftiici; Willi niiy form wliii ii «'.\|i<Ti('iirc ami par- '
liatiiciilary linv liave ili'vi>i'<l fur ihi- wifi'ly of
h'tjislalioii. 'I'liis cviiKion of ull wiliitary funns ,
wuH tll'icti'd iimlir the iiliii <if an aiiiiiHlnic'iit to
a bill, th()Uf:li tin- niib^tiliitf iiilniiitia'd wnc nii '
entire bill in Itself, no way nnicmlini; the other, |
or even coiimctiii;^ with it, but rubliin;^ it ull |
out from the eiiaclin;; clause, and substitutinj; a
new bill entirely foreiftn, inconsistent, and in-
confrruoits to it. The pi-octediiifj was a pross '
perversion of the idea of nn anionlnicnt, which |
nlways implies an improvement and not a de- |
struction of the bill to be aniemled. I5ut tliere |
was a majority in waitinp:, ready to consummate
what had been agreed upon, and the vote was
immediately taken, and the substitute iiasf^ed —
105 to 71 : — tlic mass cf the manufacturinj;; in-
terest voting apainBt it. And this was called a
'• compromise," a species of arrangement hereto-
fore always considered ns Ibunded in tlu mutual
conicnt of adversaries — an agreement by which
contending part'es voluntarily settle di.'jputcs or
questions. Hut hero one of the parties dissent-
ed, or rather was never asked for assent, nor
had any knowledge of the compromise by which
they were to be bound, until it was revealed to
their vision, and executed upon their consciences,
in the style of a surprise from a vigilant foe up-
on a sleeping adversary. To call this a '' com-
promise" was to make sjiort of language — to
burlesque misfortune — to turn force inti stip-
ulation — and to confound fraud atid violence
w'th concession and contract. It wa.s like call-
ing the rape of the Komans upon the Sabine
women, a marriage. The enddenness of the
movement, and the want of all time for reflection
or concert — even one night for private commu-
nion — led to the most incongruous association
of voters — to such a mixture of persons and par-
ties as had never been seen confounded together
before, or since : and the reading of which must
be a puzzle to any man acquainted with the po-
litical actors of that day, the unravelling of
which would set at defiance both his knowledge
and his ingenuity. The following is the list —
the voters with Mr. Clay, headed by Mr. Mark
Alexander of Virginia, one of hir, stiSbst oppon-

entH : the votern against hini. headed by Mr. .f ».' ,
Qiiinry AdaniH, for eight yenm pa»t his indi^
sciluble nilleap^ie in every system cf jmlicv i;,
every measure of piiblie eonwrii ninl in cvcrv
enterprise of political victory or de(i ut. II. n. ;,
the list !

YiAs. — Mcfi-rF. .Mark .Mexander, riiiltf.n y.
Inn, KoU'it Allen, .lolin Anderson, AVilliiun t.
Angel, Willinm S. ArchiT, Jiilin S. liarlionr
Haniel I-. liairiiiger, ilames IJateo, .Fohri l!(.||
.lolin T. Hergen, 1-auplilin llethune, .Faims ]J]:i ,[
.lolin IMair, Kallitl'ltoon, .losejih IJoiiek, TIimh,,,,
T. Hoiililin, John Hnmch, Henry A. llnllui.!.
Cliuiehill C. Cainbreleng, John Carr, Joh|!i
W. Chinn, Xnthnniel II. Claiborne, Clcnicnt ('.
Clay, Augustin S. Clayton, liichaiil Cuke, j:„
Henry W. Connor, Thomas Corwin, liiclnrl
Coiillir. Robert Craig, AVilliam Creighton, jr.,
Henry Daniel, Thomas Davenport, AVaiiin'i;]
D.ivis, LMysses F. Doubleday, Joseph Dnipii
John M. Kelder. James Findlay, Willinm ]'i\j,.
gernld, Nathan (Inither, John (Jilmore, Williai;,
F. (Jordon. Thomas H. Hall, William Hall. J„.
seph M. Itnrpcr, Albert G. Hawes, Mic.ijuli T.
Hawkins, Michael HolTnmn. Cornelius Hiillai.,1,
Henry Horn. Henjaniin C. Howard, IKnrv
Hubbard, William W. Irvin, Jacob C. Isanc',
Leonard Janis, Daniel Jenifer, Richard M.
Johnson, Cave Johnson, Josei)h Johnson, Kil-
ward Kavanngh, John Leeds Kerr, Henry (i,
Lamar, flarrct Y. Lansing, Joseph Lecoiii|iti.,
Robert P. Letcher, Dixon 11. Lewis, Cliittcn-
den Lyon, Samuel W. Mardis, John Y. Mason,
Thomas A. Marshall, Lewis Maxwell, Rufu;
Mclntire, James McKay, Thomas Newton. AVil-
liam T. Nuckolls, John JL Patton, Franklin E,
Plummer, James K. Polk, Abraham Renchii,
John J. Roane, Erastus Root, Charles S. Sewuil,
AATilliam JJ. Shepard, Augustine H. Shepjiei-c!,
Samuel A. Smith, Isaac Southard, Jesse Sjjeight,
John S, Spence, AA'illiam Stanbcrry, Jaiuts
Standefer, Francis Thomas, AViley Thompson,
John Thomson, Christopher Tompkins, Pliinciis
L. Tracy, Joseph Vance, Gulian C. Verplanck,
Aaron Ward, George C. AA'^ashington, James JI.
AYayne, John AV. AVeeks, Elisha AYhittlesev,
Campbt>ll P. AVhite, Charles A. Wickliffo, Jolin
T. 11. AYorthington.

Nays. — Messrs. John Q. Adams, Honian Al-
len, Robert Allison, Nathan Appleton, Thomas
D. Arnold, AVilliam Babcock, John Banks,
Noyes Barber, Gamaliel H. Barstow, Thomas
Chandler, Bates Cooke, ilichard M. Coopoi
Joseph n. Crane, Thomas II. Crawford, John
Davis, Charles Dayan, Henry A. S. Dearborn,
Harmar Denny, Lewis Dcwart, John Dickson,
AA'illiam AV. Ellsworth, George Evans, Josluia
Evans, Edward Everett, Horace Everett, Georjji'
Grennell, jr., Hiland Hall, William Heistcr, Mi
chael Ilotl'man, Thomas IL Hughes, Jabez AV
Huntington, Peter Ihrie, jr., Kalph T. IngersoU
Joseph G. Kendall, Henry King, Uumphrey II

ANNO lf<:;s. ANIiKKW JArk'SON. I'IU>II)KNr.

:\ 1 ^

tT, Richard M.

[xivitt. HoJx-rt MrCoy, Tliimmo >f. T. McKcn-
riii. .IkIiii .(. MiHi.;nii. Ill nry A. .MiililnilKrv,
,l.u;iiiiili Nil""!!. I>iitoc •]. I'( riicr, K'lmunil II.
[Miilli'lnn, .loll I'icrHon, Dnvid Puff-', Jr.. .Iiiiii<'<
1. l{iiiiili>l|ih. .lohii K<(<l. Kilwanl ('. Hivtl. Wil-
.iiii Slnih'. Nfttliiin Smile, Williiiiii L. StotrH,
]k1 H. Sutlwrliinil, .loliii W. Tiiylur, Simiml
f. Viiitdii, I)iiiii*l \V II, dwell, .lojiii (i. Wat-
:inm:li, «!rattun II. WliiTler, Frfierick Whit-
u.M'y, Ebfiitzir Younj;.

C II APT Ell LXXXII.

KKDUCTION OF nVTIKS.— MK. CLAYS KIM*

IIS the IJth of February Mr. Clay asked Wave
1 1 introduce a bill for the reduction of duties,

i.|v!cd by him a "compnimisc"

measure ; and

pafuced the question with a ppccch, of which
till" following are parts :

'In presentinj? the modification of the tariflf
liws which I am now about to submit, I have
two preat objects in view. My first object
1 luks to the taiilf. I am compelled to express
the opinion, formed after the most deliberate
ntlcction, and on a full sur^-ey of the whole
cniiitry. that, whether rightfully or wrongfully,
(he fcuid' stands in imminent danger. If it
slioiild even be preserved during this scfcsion,
it must fall at the next session. By what cir-
cumstances, and through what causes, has arisen
the necessity for this change in the policy of our
country, I will not pretend now to elucidate.
Otliers there are who may differ from the im-
jirossions which my mind has received upon this
)ioint. Owing, however, to a variety of concur-
rent causes, the tariffj as it now exists, is in im-
minent danger ; and if the system can be pre-
served beyond the next session, it must be by
some means not now within the reach of human
sa<mcity. The fall of that policy, sir, would be
productive of consequences calamitous indeed.
When I look to the variety of interests which
,ue involved, to the number of individuals in-
te^•sted, the amount of capital invested, the
value of the buildings erected, and the whole
iirangemcnt of the business for the prosecution
of the various branches of the manufacturing
iirt which have sprung up under the fostering
:are of this government, I cannot contemplate
any evil equal to the sudden overthrow of all
those interests. History can produce no paral-
lel to the extent of the mischief which would
be produced by such a disaster. The repeal of
th3 Edict of Nantes itself was nothing in com-
parison with it. That condemned to exile and
brought to ruin a great number of persons.

Fho iuoEt respectable portion of the populatiou

of Fmnoe were ronilemnrd to r^ile nnd ruin b»
tliut iiieiisure. Hut in my I'liiiiinn. "ir. the oud-
ileii reiK'ill iif the tinlf policy wmilcl liriiitr niiii
and dei'lnirtiiiu nu the wlio'e jKHjile n|' tln'i
I country. 'I'here '\* no evil, in my o|iiiiiciii, ci|ti:il
to the ron«e<iui'Hce.s which would ii-iilt fii.iu
such a cnijistroplie.

"I iKJieve the American sytcm lobe in the
griate-'t diiii;.'er; niid I U'lieve it cnii he |ilni'e,i
on a U'tter and sul'er foinidalion iit this yesMon
than at the next. I heard, with Miipri-e. my
friend from Mas,>iachu.-etts say that iiotiiing had
occiirn-d within the last six moiitlix to iiicrea-o
its hazard. I entreat him to review lliat oiiiiiiuii.
Is it correct ? Is the issue of iMinieroiis elec-
tion.s, induiling that of the hi^'he<t otlicer of the
government, nothing 7 !.>< the e.Nplcit lecoiii-
mendation of that olllccr, in his n>es>^^age at the
ojK'ning of the session sustiiined, us he is, by a
recent trium]ihant elei^tion, nothiiitr 1 Is his de-
claration in his jiroclnmation. that the burdens
of the South ought to be relieved, nothing ? Is
the introduction of the bill in the lloiii-eof Koji.
resentativcs during this session, siiiictioiied by
the head of the treasury and the ndiiiinisfratiou,
prostrating the greater part of tlie imuiiifiictuix's
of the country, nothing? Are the increasing
discontents, nothing ? Is tiie tendency of re-
cent events to unite the whole South, nothing?
What have we not witnessed in this chamber ?
Friends of the administration bursting all the
ties which seemed indissolubly to unite them
to its chief, and, with few exceptions south of
the Potomac, oppo.sing, and vehemently oppos-
ing, a favorite measure of that administration,
wiiich three short mtmths ago they eontril)Ute(l
to establish ? Let us not deceive ourselves.
Now is the time to adjust the question in a
manner satisfactory to both parties. J'nt it off
until the next session, and the alternative may,
and probably then would be, a s])cedy and ruin-
ous reduction of the tariff, or a civil war with
the entire South.

"It is well known that the majority of the
dominant party is adverse to the tariiK There
are many honorable exceptions, the senator from
New Jersey [Mr. Dickcrson]. among them. Hut
for the exertions of the other party, the tnrilf
would have been long since sacriliced. Now
let US look at the composition of the two
branches of Congress at the next session. In
this body we lose three friends of the protective
policy, without being sure of gaining one. Here,
judging from the present appearances, we shall,
at the next session, be in the minority. In the
House it is notorious that there is a considera-
ble accession to the number of the dominant
party. IIow, then, I ask, is the system to bo
sustained against numbers, against the whole
weight of the administration, against the united
South, and against the increased impendmg dan-
ger of civil war ?

" I have been represented as the father of tin

f ■:

system, and I am charged with an unnatural
abandonment of my own offspring. I hav«

314

TimiTY YKAIIV VII.W.

ncvir nrr< 'untfl ♦" niy«lf nnv niich inlininto
icliitioii In It. I h;iv*>. imliiMl. i'lu'riwhi-il it witli
iiiiri'iiial r<>iiiliii'>H, mid my ntri-olinii in niiiliinin-
'flii'il. JSiit ill wliitt ciiiiilitinii (III I lliiil thix
i-liilil 7 1 1 i^ ill till! Iiuii'ls of the I'liiliMtiiK'N,
wlio wiiiilil htraii(.'li' it. I lly to iln rcwiif, to
Hiiiilcli it f'liiiii tlii'ir riiHtoijy, niiil to ]ilair it on
II Itcd rif MTurity nii<l ^^'Ilo^^• for iiiiin yoiirM,
wlii'ir it limy (rrow niid stiviijitlii'ii, ninl la'coiiif

IU'('l'|llll)llc (O tllC \vlloli> |)fO|llc. 1 Ik'IioI'I It

torch ulioiit liciii;; n|i|ilifil to n fiivoritu ciliticc,
mill I would Mivt! it. if |i()Hsil)li>, UToru it wiih
wrapt ill tliiiMcs. or at Icitst iuvhitvo llio invtioua
fiiniitiiri' wliicli it contuiii.s."

Mr. C'liiy fill tlicr udviiiici-'d aiiotlitr rca.'^on for
hi.M liill, and wliii.h was a wish to Bcpaiafc the
taiiif from iiolilics and tkction.s — a wish whicli
mhiiiltc'd tiieir coiiiicctioii — and whiuli, Ixiiip
aftcrward.s iiiteriireti'd by fvciil.'<, was siippf)sed
to be tlie ba.si.s of tlio coalition witli Mr. Cal-
iiouii ; b<Ali of thcni bavinj; tried the virtue of
tlie taritr qiiistion in eleetiuns, and found it
uimvailiMtr either to friends or foe.'^. Mr. Clay,
its ehamiiion, could not become President upon
\U Hujiport. Mr. Culhuun, it.s antagoni.st, could
not become President ujwn its opposition. To
botli it was equally desirable, as an unavailable
ekimnt in elections, and as a stumblinp-blcxik
to botli in future, that it should be withdrawn
for some years from the political arena; and
Mr. Clay thus expressed himself in relation to
that withdrawal :

•'I icin/i to see the tariff separated from the
polilics (if the couutri/, that buainesa men may
{,'« /() work in secnrili/, with some prospect of
ftabililij in our lairs, and without ererij thing
being staked on the issue of elections, as it
were on the hazards of the die."

Mr. Clay then explained the principle of his
bill, which was a sei ies of annual reductions of
one tenth jier cent, on the value of all idutics above
twenty per cent, for eifrht successivvr years ; and
after that, the reduction of all the remainder
above twenty per centum to that rate by two
aimual reductions of the excess : so as to com-
plete the reduction to twenty per centum on
the value of all imported goods on the 30th day
of September, 1S42; with a total abolition of
duties on about one hundred articles after that
time 5 and with a proviso in favor of the right
of Congress, in tlic event of war with any foreign
power to impose such duties as might be neces-
sary to prosecute the war. And this was called
a ^^ccmprumise" although there was no stipu-

lation for the [unnnneiu-y of the rediinHJ. n,,^
of the alioIiKhcd diiti<'» ; and no (nicli KlipiilntiMri
could Im' made to bind future ('oii(;n'H«ts ; ),„,{
the only ei|uivalint wliirh the South fdciwl
from the parly of protection, wan the stipulnt..]
surn-nder of tluir principle in the clause win, 1,
provided that aftrr the said illllh of SepftnilHt I
1H12, -duties shotdil only be laid for rainino
such revenue as might be ucnstary /nr an
economical administration if the I'linrit- 1
ment ;'* an attempt to bind future ConnnsHw,
the value of which was seen before the tiii,(.
was out. Mr. Clay pHxeeded to touch the tin-
der parts of his jilan — tlic number of yvnu t!.« I
protective policy hod to rnn, ond the gnorantin |
for its abandonment at the end of the Htipulatoii
protection. On these pointc ho said :

"Viewing it in this light, it appeared tlmt
there were eight year? and a half, and nine
years and a half, taking the ultimate tinu'
which would be an elllcient protection ; tlie iv-
maining duties would bo withdrawn by a bien-
nial redi. tion. The protective princijile iniL-i
be said to bo, in some measure, rernu|uislii'd at I
the end of eight years and a half. This piriiK
could not appear uiueasonable, and he th(iii|;iit I
that no member of the Senate, or any jKirtion
of the country, ought to make the slightest ob-
jection. It now remained for him to consider I
the other objection — the want of a guaranty to I
there being an ulterior continuance of the I
duties imposed by the bill, on the expiration of
the term which it prescribes. The best jciii-
ranties would be found in the circumstancisl
under which the measure would be passed. If [
it were passed by common consent ; if it wero I
passed with the assent of a piption. a congide-
rable portion, of those who had hitherto di |
rectly supported this system, and by a consi-
derable portion of those who opposed it; if]
they declared their satisfaction with the mea-
sure, he had no doubt the rate of duties guaran-
tied would be continued after the expiration of ]
the term, if the country continued at peace."

Here was a stipulation to continue the pro-
tective principle for nine years and a half, and I
the bill contained no stipulation to abandon it I
at that time, and consequently no guaranty that |
it would be abandoned ; and certainly the gua-
ranty would have been void if stipulated, as it I
is not in the power of one Congress to abridge
by law the constitutional power of its sua'cs-
sors. Mr. Clay, therefore, had recourse to nio-j
ral guaranties ; and found them good, and best. [
in the circumstances in which the bill would bit I
passed, and the common consent with which il

ANNO Ur.\. ANIHIKW JACKSON, I'lU^lhKNT.

.113

ftn c\|K'<'t«'il to In' iliitu- — n raliMilnti"!! whirh
fiuml it)) vuliic. a* t<> tliu "ruiiitniiii ctiiiM-tit,"
laforo till! Iiill wii.4 iMv^iH-tl , »it to iu liiniliD^
fiw IhTdiu tiK) time llxea f<.r itn flllnu'y to
lov'in.

Mr, K«rM,vlli, of (Ji'or.rio, n'|iiii'il to .Mr. C'lny,
i;iil suit] :

• Tin- nvowcil olijcrt of tho l>ill woiiM iiuct

iviih uiiivtTxal n|i|irol)!ition. It wdm n |ir<>JiTt to

l.:inii<>ni/.t' llio iH-ojilo, niul it coiilil Imvo coiiu'

fr .m no iK'ttiT Hoiircf timn from tlio jri'iitliiiiuii

f'oiii Kentucky : for to no ono wiri- \\v moro

iniit littKl than to liim for tlic dinponl and ilis-

I rmti'iit which n^itatc us. J<iit a fciv niontim

}:ii it waH in the powir uf the ^■ntlcmnn, anil

iliose with whom he ncteil, to 8ettlo this ([iieHtion

St imcc and for over. Tiie opiMjrtiinity wan not

I ^i/.iil, hut he liojH'd it was not passid. In the

miy'cl now oU'ereil, ho could not hoc the olomentrt

,f success. Tho time was not auspicious. IJut

f Jiirteen days remained to tho session j and wo

I ].v\ in'ttor wait tiie action of tho House on the

liill before them, than by takinp np this new

I niiasure here, produce a cessatiim of their action.

W'aa there not danj^r that tho fomteon days

iriHiid be exhausted in useless debate ? Why,

uri'iity men, with a sufllciency of bnath (for

minis they would not want), could annihimte

the bill, though a majority in both lloiiseswere

111 favor of it. ^Ho objected, too, that the bill

m a vii^tion of the constitution, hecauselTie

jinate Imd noj[)ower toTliise revenue. -^ Two

vBTB ago, tho same senator made a proposition,

iiliich was^ rejected on thi8.jery pround. Tho

oifcr, however, woidd not bo uselessTit wouhl

I ' attended with all tho iwlvantaftes which could

fillow its disci t -si. .11 hero. AVe slmll seo it, and

take it Into vmsideration as the offer of the

marinfactucer?. ".ho other party, as wo arc

oiled, will vi*"' it as a schemo of diplomacy;

Jilt aa their itidimatutn, but aa their lirst offer.

lint tlK' barjwiin was all on ono side. After they

):\' dvfeatevt, and can no longer sustain a conflict,

ik' civile to make the best bargain they can.

Tin' wnator from Kentucky says, the tariff is

n danger ; aye, sir, it is at its lost gasp. It has

xctived the iniraedicablo wound ; no hellebore

call cure it. He considered the confession of the

antleman to be of immense iraportaiici-. Ves.

^lr, the whole feeling of tho country is opposed

tj the high protective system. Tho wily serpent

that crept into our Eden has been touched by

the spear of Ithuriel. Tho senator is an.\ious

1) prevent tho ruin which a sudden abolition of

the system will produce. No one desires to

inhict ruin upon the manufacturers ; but suppose

the SpiUhern people, having the power to control

the subject, should totally and suddenly abolish

the system ; what right would those have to

Complain who had combined to oppress the

South ? What has the tariff' led us to already ?

from one end of the country to tho other, it h;is

truilucud evils which aro worse than a thousand

tariff". The nrcrinity "f nptKaiui'.' now tn fin-
trrnnl fi'i'linir i-iiMW* (bit limt fii'ling !■« M"!
».U'r|iimr. but nrnrly «'XtMiL'iii-lu>|. Ilr o| pfi«rcl
the intriMJiirtiMii of tin- IcH «< a ri'Vctuie nifa-iuir,
and upon it iliiiiandeil the ytnunnd nay: which
Win- ordi rt d."

The pnu'tii'iil, rlcai-btniii'd, tilrai^'lilC'iiward
Oi'ti. ."^niith, of .Maryl;md. jiut his llii^-cr at oucu
uiMin the f.illacy and in-iruiily of the wbolu
scheme, and usod a woni, the [loint anil applica-
tion of wbiih was more vihible aftrrwunls tlu i
at the time it was nttcri'd. He said :

'■ That the bill was no rure at all for tbo cvil.i
complained of by the South. Tlu'V wished to
try the constitutionality of protecting duiiis.
In this bill there was nothing but protrction,
from beginning to end. We had U'cn told that
if tho bill )mssed with common consent, the bys"
tem established by it would not l>e toucluil.
Hut ho had once been rhialiil in that way, and
woidd not be r/iitilrtl again. In iHltJ it was
said tho manufacturers woiilil be satislied with
the protection afforded by the bill of that year;
but in a few years after they lauic and insisted
for more, and got mori". After the lirst four
years, an attempt woidd be made to reju^al all
the balance of this bill. Ho wouldgo not'iutiier
than four years in jirospective reihu-tiou. Tho
reduction was on some articles too great."

Ho spoke history, except in the time. Th«
manufacturers retained the beiielits of the bill
to tho end of the protection which it gave them ,
and then re-established the protective system in
more amplitude than over.

" Mr. Calhoun rose and said, he would makt
but one or two observations. Kiitirely approvinj^
of the object for which tliis bill was introduced,
he should give his vote in favor of tho motion
for leave to introduce it. He who loved tho
Union must desire to see this agitating question
brought to a termination. Until it should be
terminated, wo could not expect the restoration
of peace or harmony, or a sound condition of
things, throughout the country. Ho lielieved
that to the unhappy divisions which had kept
the Northern and Southern .States apart from
•■ach other, the present entirely degraded condi-
tion of the country (for entirely degraded he
believed it to be) wac solely attributable. Tho
general principles of this bill received his appro-
bation. He believed that if tho present difficul
ties were to bo adjusted, they must be adjusted
on the principles embiaced in the bill, of lixing
ad valorem duties, except in the few cases in
the bill to which specitic duties were assigned.
He said that it had been his fate to occupy o
position as hostile as any one could, in reference
to the protecting policy ; but, if it denended
on his will, he wouid not t'ive his vote lor tho

316

TimiTY YKARS* VIKW.

jirostration of the nianufnctnrins interest. A
very liirjre rajiital hii'l heen inve.'^ted in nmnii-
[ficiiires. wliii'li liiiil Im'cii oI' preiit service to the
C'liiiitrv ; and Ik; woiiM never (.'ive his vote to
Buddciiiy witiidraw all those duties \ty which
that capital was sustained in the channel into
which it had heen directed. IJut ho would oidy
vote for tlic nd valorem system of duties, which
he deemed tlie most iR'iielieial and the most
ef|uilahlo. At this time, he dii! not rise to po
into a considenition of any of the details of this
hill, as such n course would he premature, and
contrary to tlie jiractice of the Senate. Tliere
were some of the provisions which had his entire
approhation. and there were some to which he
oi)jected. J5ut he looked upon these minor
points of diU'erencc as points in the Fettlement
of which no dilliculty would occur, when {jen-
tlemen meet tofrether in that spirit of mutual
conii)romi.-e which, ho douhted not, would be
brought into their deliherations, without at all
yieldiufi the constitutional question as to the
right of protection,"

This union of Mr. Calhoun and Mr. Clay in
the belief of the harmony and brotherly atlection
which this bill would produce, profossinp; as it
did, and bearing on its face the termination of
the American system, afforded a strong instance
of the fallibility of pohtical opiniond. It was
oidy six months before that the dissolution cf
the Union would be the effect, in the opinion of
one of them, of the continuance of the American
system — and of its abandonment in the opinion
of the other. Now, both agreed that the bill
which professed to destroy it would restore
peace and harmony to a distracted country.
IIow far Jlr. Clay then saw the preservation,
and not the destruction, of the American system
in the compromise ho was making, may be
judged by what he said two weeks later, when
he declared that he looked forward to a re-action
which would restore the protective system at
tlie end of the time.

The Ih'st news of Mr. Clay's bill was heard
with dismay by the manufacturers. Nilcs' Re-
gister, the most authentic organ and devoted
advocate of that class, heralded it thus : " Mr.
Claifs new tariff project will be receiced like
a crash of thunder in the wintir seaaoii, and
some will hardly trust the evidence of their
senses on afrsi examination of it — so radical
and sudden is the change of polici/ proposed
because of a combination of circumstances
irhich, in the judgment of Mr. Clay, has ren-
dered such a change necessary. It may be
that ourfuL'orite sifSlems are all to be destroy-

ed. If no the majority determine — no it,; j/'
The manufactiirers Ihjckcd in LTowds to Washm-.
ton City — leaving home to stop the bill — arrlvii •
at Washington to promote it. Those pra< ti(-,j
men soon saw that they had gained a reprivv,.
of nine years and a half in the benefits of pmtt, .
tion, with a certainty of the rc-ostablisluiRiit ui
the system at the end of that time, from tl„
revulsion which would be made in the rcvenu"
— in the abrupt plunge at the end of that tinu
in the scale of duties from a high rate to an a4
valorem of twenty per centum ; and that leavin;-
one Innidred articles free. This nine years an!
a half reprieve, with the certain chance for tlie
revulsion, they found to be a good cscajx; from
the possible passage of Mr. Verplank's hill, ^
its equivalent, at that session ; and its certsii
pa.ssage, if it failed then, at the ensuing session
of the new Congress. They found the protcctivi;
system dead without this reprieve, and now re-
ceived as a deliverance what had been viewed as
a sentence of execution ; and having helped tlid
bill through, they went home rejoicing, and nicro
devoted to Jlr. Clay than ever.

Tilr. Webster had not been consulted, in t!u'
formation of this bill, and was strongly opposed
to it, as well as naturally dissatisfied at the ne-
glect with which he had been treated. As tiif
ablest champion of the tariff, and the rcprt'i;cT.-
tativo of the chief scat of manufactures, ho
would naturally have been consulted, and inado
a party, and a leading one, in any schcnie of
tariff adjustment ; on the contrary, the whole
concoction of the bill between Mr. Clay and Mr.
Calhoun had been entirely concealed from him.
Symptoms of discontent appeared, at times, i:;
their speeches ; and, on the night of the 2oi{,
some sharp words passed^omposed the next
day by their friends : but it was a straiifie idea
of a "compromise," from which the main party
was to bo excluded in its formation, and bound
in its conclusion. And Mr. AVebster took nn
immediate opportunity to show that he had not
been consulted, and would not be bound by the
arrangement that bad been made. Ho said :

" It is impossible that this proposition of the
honorable member from Kentucky should not ex-
cite in the country a very strong sensation ; and, in
the relation in which I 'stand to the subject, I am
anxious, at an early moment, to say, that, as far
as I understand the bill, from the gentieinan'i
statement of it, there are principles in it to
which I do not at present see how I can cvti

ANNO 1833. ANDRKW JACKSON, I'UK>!I)I:NT.

fioriir. If I tindtTstanil the plan, tlie result
rf it will be a \vi'll-nii<kT.stood eiirTciMk-r of
the piiwur cif disonmiimtion, or a titipuliitiun
Jilt to use tliat power, in tlie layinp (lutics on
imi'ort.s, after the eij;ht or nine years have cx-
[,irt(i. This apjKjars to me to be matter of preat
inoini'nt. i hesitate to bo a par'.y to any such
s.ipulation. The hononiblo inc-niber ochnits,
that thoufih there will be no |)ositivc surrcn-
(1 r of the power, there will be a stipulation not
1,) ixercise it ; a treaty of jieaco and amity, as
)ie cays, which no Anici'ican statesman can, here-
after, stand up to violate. For one, sir, I am
not ready to enter into the treaty. I propose,
so far as dejiends on mc, to leave all our succes?-
cors in Congress as free to act as we are our-
R'lves,

" The honorable member from Kentucky snys
the tariff i-^ in imminent danger ; that, if not
destroyed this ses-sion, it cannot hope to survive
the ni'Xt. This may be so, sir. This may be
so. 13ut, if it be so, it is because the American
jicople will not sanction the tariff; and, if they
will not, why, then, sir. it cannot bo siistaine'd
at all. I am not quite so despairing as the hon-
orable member seems to be. I know nothing
which has Ijappencd, within the last six or eight
months, changing bo materially the prospects of
the tariff. I do not despair of the success of an
aijpeal to the American people, to take a just
care of their own interest, and not to sacrifice
iliose vast interests which have grown up under
the laws of Congress."

Tl) .re was a significant intimation in these few
rjiuarks, that Air. Webster had not been con-
:-tilted in the preparation of this bill. He shows
that he had no knowledge of it, except from Mr.
Clay's statement of its contents, on the floor, for
it had not then been read ; and the statement
*iade by Jlr. Clay was his only means of under-
standing it. This is the only public intimation
which ho gave of that exclusion uf himself from
all knowledge of what Mr. Clay and Mr. Cal-
houn were doing ; but, on the Sunday after the
sharp words between him and Mr. Clay, the fact
was fully communicated to me, by a mutual
friend, and as an injurious exclusion which Mr.
Webster naturally and sensibly felt. On the
next day, he delivered his opinions of the bill,
in an unusually formal manner — in a set of re-
eolutions, instead of a speech — thus :

''liesoh'ed, That the annual revenues of the
country ought not to be allowed to exceed a
just estimate of the wants of the government ;
and that, as soon as it shall be ascertained, with
reasonable certainty, that the rates of duties on
imports, as estabhshcd by the act of July, 1832,
will yield an excess over those wants, provision
ought to bu made for their reduction ; and that,

in makiu'.; tliis n'(luction, just rt^'irard sboiiiil b«
had tl) the various interi'st.-i uml opinions of ijif-
fereiit parts of the country, so as most t tliTtu-
f.liy to presiTvo the intctriitv and haiuiony of
tlie Union, and to provide for the couniion de-
fence, and promote the general welfare of thu
whole.

'•JJut, whereas it is certain that the diniiini-
tion of the rates of duties on some artieie.s
would increase, instead of reducing, the ajr?''t'-
gate amount of revenue on such articles ; iiml
whereas, in regard to such articles as it ha.s
been the policy of the country to protect, a
slight reduction on one might produce es.sential
injury, and even distress, to ;i;i'i:e classes of tho
community, while another migi.t bear a larger
reduction without any such consecjuenccs ; and
whereas, also, there are many articles, the duties
on which might be reduced, or altogether abol-
ished, without producing any other ell'ect than
tho reduction of revenue : Therefore,

^'Jiesolced, That, in reducing the rates of du-
ties imposed on imports, by the net of the 14th
of July aforesaid, it is not wise or judicious to
proceed byway of an equal reduction jHircentuni
on all articles ; but that, as well the amount as
tho time of reduction ought to be fixed, in re-
spect to the several articles, distinctly, having
due regard, in each ca.se, to the questions whether
the propo.sed reduction will affect revenue alone,
or how far it will operate injuriously on those
domestic manufactures hitherto protected; es-
pecially such as arc cs.sential in time of war. and
such, also, as have been established on the faith
of existing laws ; and, above idl, how far suclj
proposed reduction will alfect the rates of wages
and tho earnings of American manual labor.

^•Jiisolced, That it is unwise and injudicious,
in regulating imposts, to adopt a plan, hitherto
equally unknown in the history of this govern-
ment, and in the practice of all enlightened na-
tions, which shall, cither immediately or pros-
pectively, rtject all discrimination on articles to
be taxed, whether they be articles of necessity
or of luxury, of general consumption or of limit-
ed consumption ; and whether they be or be not
such as are manufactured and produced at home ,
and which shall contino all duties to one equal
rate per centum on all articles.

^•JiesolreU, That, since the people of the United
States have deprived tho iState governments of
all power of fostering manutivctures, however
indispensable in jieace or in war, or however im-
portant to national independence, by commercial
regulations, or by laying duties on imports, and
have transferred the whole authority to m.ike
such regulations, and to lay such duties, to tho
Congre.^6 of the United States, Congress cannot
surrender or abandon such power, compatibly
with its constitutional duty ; and, therefore,

'■•Jieaolced, That no law ought to be passed on
the subject of imposts, containing any stipula*
tion, express or implied, or giving any pledge or
assurance, direct or indirect, which sfmll tend to
resti'aiu Congress from the full exercise, at aU

I,,-*

ill

k.;

.^i

iR '

318

TIIIRTT YEARS* VIEW.

timefl hereafter, of all ita constitutional powers,
in giving reasonable protection to American in-
dustry, countervailing the policy of foreign na-
tionH, and maintaining the Kubstantial indepen-
dence of the United States."

These resolutions brought the sentiments of
Mr. Webster, on the tariff and federal revenue,
very nearly to the standanl recommended by
General Jackson, in his annual message ; which
was a limitation of the revenue to the wants of
the government, with incidental protection to
essential articles; and this approximation of
policy, with that which had already taken place
on the doctrine of nullification and itr measures,
ijnd his present support of the " Force Bill,' Tiay
have occasioned the exclusion of Mr. Webster
from all knowledge of this " compromise." Cer-
tain it is, that, with these sentiments on the sub-
ject of the tariff and the revenue, and with the
decision of the people, in their late elections
against the American system, that Mr. Webster
and his friends would luve acted with the friends
of General Jackson and the democratic party,
in the ensuing Congress, in reducing the duties
in a way to bo satisfactory to every reasonable
interest ; and, above all, to be stable ; and to
free the country from the agitation of the tariff
question, the manufacturers from uncertainty,
and the revenue from fluctuations which alter-
nately gave overflowing and empty treasuries.
It was a consummation devoutly to bo wished ;
and frustrated by the Intervention of the delu-
sive " compromise," concocted out of doors, and
in conclave by two senators ; and to be carried
through Congress by their joint adherents, and
by the fears of some and the interests of ot'.ers.

Mr. Wright, of New- York, saw objections to
the bill, which would be insurmountable in other
circumstances. He proceeded to state these ob-
jections, and the reason which would outweigh
them in his mind :

" He thought the reduction too slow for the
first eight years, and vastly too rapid afterwards.
Again, he objected to the inequahty of the rule
of reduction which had been adopted. It will
be seen, at once, that on articles paying one
hundred per cent, duty, the reduction is danger-
ously rapid. There was uniformity in the rule
adopted by the bill, as regards its operation on
existing laws. The first object of the bill was
to efiect a compromise between the conflicting
news of the friends and the opponents of pro-
tection. It purports to extend relief to Southern
interest ; and yet it enhances the duty on one of
the most material articles of Southern consump-

tion — nogro cloths. Again, while it incrca.«o|
this duty, it imposes no corresponding duty on
the raw material from which the fabric m ninde.
"Another objection arose from his matiirii
conviction that the principle of home valuation
was absurd, impracticable, and of wry unequal
operation. The reduction on somr articles <,(
prime noccBsity — iron, for example — was so great
and so rapid, that he was perfectly satisfied that
it would stop all further production before tlie
expiration of eight years. The principle of dis-
crimination was one of the pomts introducc<l
into the discussion ; and, as to this, he would sav
that the bill «iid not recognize, after a limitcl
period, the power of Congress to afford protec-
tion by discriminating duties. It provides pro-
tection for a certain length of time, but docs not
ultimately recognize the principle of protection.
The bill proposes ultimately to reduce all arti-
cles which pay duty to the same rate of duty.
This principle of revenue was entirely unknown
to our laws, andj in his opinion, was an unwar-
rantable innovation. Gentlemen advocating the
principle and policy of free trade admit the power
of Congress to lay and collect such duties as are
necessary for the purpose of revenue ; and (o
that extent they will incidentally afford jiro-
tection to manufactures. CHe would, v<j,.
occasions, cqotcnd that no more monc} '
be raisec^rom duties on imports than t'
ernment needs ; and thiS^ principle he ,. ib;:c(i
now to state in plain termsj He adverted to
the proceedmgs of the Free'Trade Convention
to show that, by a large majority, (120 to 7.)
they recognized the constitutional power ot Con-
gress to afford incidental protection to domestic
manufactures. They expressly agreed that the
principle of discrimination was in consonance
with the constitution.

" Still another objection he had to the bill. It
proposed on its face, and, as he thought, directly,
to restrict the action of our successors. We had
no power, he contended, to bind our successors.
We might legislate prospectively, and a future
Congress could stop the course of this prospec-
tive legislation. He had, however, no alternative
but to vote for the bill, with all its defects, be-
cause it contained some provisions which the
state of the country rendered indispensably ne-
cessary."

He then stated the reason which would induce
him to vote for the bill notwithstanding these
objections. It was found in the attitude of South
Carolina, and in the extreme desire which he
had to remove all cause of discontent in that
State, and to enable her to return to the state of
feeling which belonged to an affectionate member
of the Union. For that reason he would do what
was satisfactory to her, though not agreeable to
himself. '

While the bill was still depending before
the Senate, the bill itself for which the leavt

AX.VO H33. A'.DREW JACKSONV PRF-SIDENT.

319

tv bein;; asked, tnado its appearance at the
looT of the chamber, with a right to enter it,
,n the shape of an act passed by the House,
jp.d sent to the Senate for concurrence. Tliis
• i\3 a new feature in the game, and occasioned
ihe Senate bill to be immediately dropped, and
the House bill put in its place; and which, being
qiiiclcly put to the vote, was passed, 29 to 10.

"Yeas. — ISIcssrs. Bell, Bibb, B'.ack, Calhoun,
Chambers, Clay, Clayton, Ewing, Foot, Forsyth,
J'relinghuyscn, Grundy, Hill, Holmes, Johnston,
Kinjf, Mangum, Miller, Moore, Maudain, Poin-
dcxtcr, Rives, Robinson, Sprague, Tomlinson,
Tyler, Waggaman, White, Wright.

'"Nays. — Messrs. Benton, Buckner, Dallas,
Pickerson, Dudley, Hendricks, Knight, Prentiss,
lobbins, Ruggles, Seymour, Silsbee, Smith, Tip-
ton. Webster, Wilkins."

And the bill was then called a "compromise,"
which the dictionaries define to be an "agreement
trithout the intervention of arbitrators;" and so
called, it was immediately proclaimed to be
sacred and inviolable, as founded on mutual con-
sent, although the only share which the manu-
facturing States (Pennsylvania, New Jersey,
Maryland, Massachusetts, Rhode . Island, Ver-
mont) had in making this " compromise," was
to see it sprung upon them without notice, ex-
ecuted upon them as a surprise, and forced upon
them by anti-tariff votes, against the strenuous
resistance of their senators and representatives
in both Houses of Congress.

An incident which attended the discussion of
this bill shows the manner in which great meas-
ures — especially a bill of many particulars, like
the tariff, which affords an opportunity of CTati-
fying small interests — may be worked through
a legislative body, even the Senate of the United
States, by other rea.son8 than those derived from
its merits. The case was this : There were a
few small manufactories in Connecticut and some
other New England States, of a coarse cloth call-
ed, not Kendall green, but Kendall cotton —
quite antithetically, as the article w^as made
wholly of wool^-of which much was also import-
ed. As it was an article exclusively fur the la-
boring population, the tariff of the preceding
session made it virtually free, imposing only a
duty of five per centum on the value of the cloth
ind the same on the wool of which it w^is made.
Now this article was put up in this " compro-
mise " bill which was to reduce duties, to fifty
per centum, aggravated by an arbitrary minimum

valuation, and by the le^rcnU-main of retaining
the five per centum duty on the foreipn wool
which they used, slmI which was eqiiivalcmt to
making it free, and reduced to that low rate to
harmonize the duty on the raw material and
the cloth. General Smith, of Maryland, moved
to strike out this duty, so flagrantly in con-
trast to the profc8.sed objects of the bill, and
in fraud of the wool duty; and that motion
brought out the reason why it was put there
— which wao, that it was necessary to secure
the passage of the bill. Mr. Foot, of Con-
necticut, said : " This was an important
feature of the bill, in which hia constiluenta
had a great interest. Gentlemen from the
South had agreed to it; and they utre com-
petent to guard their own interest.'^ Mr. Clay
said : " The provision proposed to be stricken
out was an essential part of the compromise,
which, if struck out, would destroy the whole."
Mr. Bell of New Hampshire, said : " The pas-
sage of the bill depended upon it. ' ' struck
out, he should feel himself compelh ■> vote
against the bill." So it was admitted hose
who knew what they said, that this it' had
been put into the bill while in a state of concoc-
tion out of doors, and as a douceur to conciliate
the votes which were to pass it. Thereupon
Mr. Benton stood up, and

" Animadverted on the reason which was al-
leged for this extraordinary augmentation of
duties in a bill which was to reduce duties. The
reason was candidly expressed on this floor.
There were a few small manufactories of these
woollens in Connecticut ; and unless these man-
ufactories be protected by an increase of duties,
certain members avow their determination to
vote against the whole bill ! This is the secret
— no ! not a secret, for it is proclaimed. It was
a secret, but is not now. Two or three little
factories in Connecticut must be protected ; and
that by imposing an annual tax upon the wearers
of these coarse woollens of foi or five times the
value of the fee-simple estate cf the factories.
Better far, as a point of economy and justice, to
purchase them and burn them. The whole
American system is to be given up in the year
1842 ; and why impose an annual tax of near
five hundred thousand dollars, upon the laboring
community, to prolong, for a few years, a few
small branches of that system, when the whole
bill has the axe to the root, and nods to its fall?
But, said Mr. B., these manufactories of coarse
woollens, to be protected by this bill, are not
even American; they are rather Asiatic estab-
lishments in America ; for they get their wooi
from Asia, and not from America. The impor*

320

THinTY YEARS' VIKW.

tution of UiJH wool in one million two hundred
nnd fifly thoii.uand iKiunds wci^tit; it conicH
cliioily from Snij rna, iiiul costs lf«8 than cijrht
ccntH a poiiml. It was made free of duty at the
last session of Conpress, ais un equivalent to these
very manufactories for the reduction of the duty
on coar.se wooll<;ns to live per cent. The two
luea-sures W(?iit together, and were, each, a con-
sideration for the other. Before that time, and
by the act of 1828, this coarse wool was heavily
dutied for tlie benefit of the home wool growers.
It wa.H fiulijected to a double duty, one of four
cents on the pound, and the other of fifty piT
cent. ,on 1 he value. As a measure of compromise,
this cfouble duty was abolished at the last pcssion.
The wool for these factories was admitted duty
free, and, as an equivalent to the community,
the woollens made out of the corresponding kind
of wool were admitted at a nominal duty. It
was a bnrp;ain, entered into in open Congress,
and sealed with r\l the forms of law. Now, in
eix months after tae bargain was made, it U to
be broken. The manufacturers are to have the
duty on woollens run up to fifty per cent, for
protection, and arc still to receive the foreign
wool free of duty. In plain English, they are
to retain the pay which was given them for re-
ducing the duties on these coarse woollens, and
they are to have the duties restored.

" He said it was contrary to the whole teno-
and policy of the bill, and presented the strange
contradiction of multiplying duties tenfold, upon
p,n article of prime necessity, used exflusively
by the laboring part of the community, while
reducing duties, or abolishing them in toto, upon
every article used by the rich and luxurious.
Silks were to be free ; cambrics and fine linens
were to be free ; muslins, and casimercs, and
broad cloths were to be reduced ; but the coarse
woollens, worn by the laborers of every color
and every occupation, of every sex and of every
age, bond or free — these coarse woollens, neces-
sary to shelter the exposed laborer from cold
and damp, are to be put up tenfold in point of
tax, and the cost of procuring them doubled to
the wearer.

"The American value, and not the foreign
cost, will bj the basis of computation for the
twenty per cent. The difference, when all is fair,
IS about thirty-five per cent, in the value ; so
that an importation of coarse woollens, costing
one million in Europe, and now to pay five per
cent, on that cost, will be valued, if all is fair, at
one million three hundred and fifty thousand
dollars ; and the twenty per cent, will be cal-
culated on that sum, and will give two hundred
and seventy thousr nd dollars, instead of two
hundred thousand dollars, for the quantum of
the tax. It will be near sixfold, instead of four-
fold, and that if all is fair ; but if there are gross
errors or gross frauds in the valuation, as every
human being knows there must be, the real tax
may be far above sixfold. On this very floor,
and in this very debate, we hear it computed, by
way of recommending this bill to the manufac-

turers, that the twenty per cent, on the stituti
book will exceed thirty in the custom-houx'.

'• Mr. B, took a view of the circuiustanct.
which had attended the duties on tlu-se coaiKi
wo(,lIcns since he had l)een in Congnss. Kvcpt
act had discriminated in favor of these poodi
Ix'causo they were used by the poor and thg
laborer. The act of 1824 fixed the duties uixm
them at a rate one third less than on othir w^iil.
lens ; the act o,' 1828 fixed it at upwards of one
half less; the act of 1832 fixed it nine tcnth-i
less. All these discriminations in favor of coarno
woollens were made upon the avowed principle

of favoring the laborers, bon;! nnd free, the

slave wh'.ch ./orks the field f ^r his master tlw
mariner, the miner, the steamboat hand, the
worker in stone and wood, and every out-door
occupation. It was intended by the franicrs of
all these acts, and especially y the supjiortcrs
of the act of 1832, that this cLisb of our popula-
tion, so meritorious from their daily labor so
much overlooked in the operations of the {^ov-
ernment, because of their little weight in the
political scale, should at least receive one boon
from Congress — they should receive their work-
ing clothes free of tax. This was the intention
of successive Congresses ; it was the performance
of this Congress in its act of the last session •
and now, in six short months since this boon
was granted, before the act had gone into effect,
the very week before the act was to go into
effect, the boon so lately granted, is to be snatched
away, and the day laborer taxed higher than ever;
taxed fifty per cent, upon his working ^ lothcs !
while gentlemen and ladies are to have silks and
cambrics, and fine linen, free of any tax at all !

" In allusion to the alleged competency of
the South to guard its own interest, as averrctl
by Mr. Foot, Mr. Benton said that was a species
of ability not confined to the South, but existent
also in the North — whether indigenous or exotic
he could not say — but certainly existent there,
at least in some of the small States ; and active
when duties were to be rai.sed on Kendal cotton
cloth, and the wool of which it was made to re-
main free."

The motion of General Smith was rejected,
of course, and by the same vote which passed
the bill, no one of those giving way an inch of
ground in the House who had promised out of
doors to stand by the bill. An Jther incident to
which the discussion of this bill gave rise, and
the memory of which is neceesary to the unde"-
standing of the times, was the character of
•^protection" which Mr. Clay openly claimed
for it 5 and the peremptory manner in which he
and his friends vindicated that claim in open
Senate, and to the face of Mr. Calhoun. The
circumstances were these : Mr. Forsyth object-
ed to the leave asked by Mr. Clay to introduce
his bill, because it was a revenue bill, the orieri

AXXO 1833. ANDREW JACKSON', PRiaiDFAT.

321

(Ution of which under tho constitution exchi-
fivily belon^'d to tho House of Heprvsenta-
tive*, the inimfdiatc representative of the |K'o-
[le. And this >nive rise to an episodical debate,

defeat it declartnl thej- woiild not siippurt it ex-
cept a;* a protective nu-aj^ure. Mr. Calhoun in
other parts of the dehatc liad declared tho hill
to be an ubniidonnient of proicetion ; but at
The main object of this critical point, when such a denial from him

I which Mr. Clay said :

(ic liill is not revenue, but protection." — In an- ! would have been tlie instant death warrant of
jivir to several senators who snid the bill was the bill, he said nothing. His desire for its pai-
an aban<lonment of the pi otectivo principle, Mr,
Clay .<aid : " The lingtuige of the bill author-
ized 110 such construction, and that no one '. hia denial.
voiitil be justif.ed in inferring^ that there was On the main point, that of the constitutionali-
/,) hi; an abandonment of the system of protec- . ty of orifjinating the bill in the Senate, Mr. We>>

, sage must have been oycrpowering when hj
j could hear such declarations without rejwatinj^

(iy»." — And Mr. Clayton, of Delaware, a sup-
porter of the bill, said : " The gcvernmcnt can-
not be kept together if the principle of protcc-
kdion icere to be discarded in our policy;
„ml declared that he would pause before he
surrendered that principle, even to save the
r/iio;i."— Mr. Webster said: " TAe bill is
brought forward by the distinguished senator
from Kentucky, who professes to have re-

stcr spoke the law of Parliament when he said :

"It was purely n question of privilefi;c, and

the decision of it Iwlongcd alone to the other

House. The Senate, by the constitution, could

not originate bills for raising revenue. Ft was

of no consequence whether the rate of duty

were increased or decrex«cd ; if it was a money

bill it belonged to the House to originate it.

In the House there was a Committee of Ways

and Means organized expressly for such objects.

; ,.„„« ^e j.;„ /•,.„.„ « ..^.•,..- „« „„ <« <i„ There was no such committee in the Senate.
nounced none oj his for ner opinions as to the m. i-^ a.- i • ■ j. ^ r ^.i

'" . ,. , ,: - ; The constitutional provision was taken from tho

constitutionality and expediency of pro/ec- j p,.actic3 of the British Parliament, whose usages
(io;i." — And Mr. Clay said further : " The bill j were well known to the franicrs of the constitu-
ammes, as a basis, adequate ;)ro/ec/|■o>^ /or tion, with the modification that the Senate might

years, and less (protection) beyond that ^^^Z "'Vi '^'"«"^, .•^""'^y b'"f' 7.*'''=? ""'f '^''^^^
' ' ^' ' ^ by the House of Commons to the Ijords. This

subject belongs exclusively to the House of

\mn. The friends of protection say to their
opponents, we are willing to take a lease of
nine years, with the long chapter of accidents
beijond that period, including the chance of
icar, the restoration of concord, and along
vith it a conviction common to all. of the util

Representatives. The attempt to evade the
question, by contending that the present bill
was intended for protection and not for revenue,
afforded no relief, for it was protection by means
of revenue. It was not the less a money bill
from its object being protection. After 1842

ity of protection J and in consideration of it, \ this bill would raise the revenue, or it would
if, in 1842 none of these contingencies shall \"^^^^^ raised by existing L-iavs. He was alto-
-' , ,. ■, .11. . . .. i gether opposed to the provisions of this bill:

have been realized, we are willing tc 8ubmit,\\,t this objection was ont which belonged to
as long as Congress may think proper, with a

objcctii
the House of Representatives."

Another incident which illustrates the vice
and tyranny of this outside concoction of mea-
sures between chiefs, to be supportctl in the
House by their adherents as they fix it, occur-
red in the progress of this bill. Mr. Benton,
perceiving that there was no corresponding re-
duction of drawback provided for on the expor-
tation of the manufactured article made out of
an imported material on which duty was to bo
reduced, and suppof'ing it to have been an over-
sight in the framing of the bill, moved an

maximum of twenty per centum," &c. — "//e
acoued his object in framing the bill was to
secure that protection to manufactures which
(very one foresaw must otiierwise soon be swept
away." So that the bill was declared to be one
of protection (and upon sufficient data), upon
a lease of nine years and a half, with many
chances lor converting the lease into a fee sim-
ple at the end of its run ; which, in fact, was
done ; but with si.^n excess of protection as to
prodace a revulsion, and another tariff catastro-
phe in 1846. The continuance of protection
was claimed in argument by Mr. Clay and his j a«iendmcnt to that eftect; and meeting ^e!^;3t-
friends through" ut tho discussion, but here it | ance, stood up, and said :

was made a point on which the fate of the bill « Hjg motion did not extend to the general
depended, and on which enough of its friends to system of drawbacks, but only to those special
Vol. I.— 21

322

TIIFRTY YEARS' VIEW

Iff

H-t

caNcs in whifh the o.vjjortiT was authori/^-cl to
•Irnw from the treasury tlie aninunt of inoiiey I
which he had pnid into it rm the importation of
th« materials which he had inanuf:u-tured. The
iimoiiiit of (Irawhaclt to be allowed in every cace
liiid been adjusted to the amount of duty paid, \
and OS ail these duties were to Ikj iK'riodically
reduced liy the hill, it wouM follow, as a ref^u-
hir conscfjiiencc, that the drawhack chould im-
derfro equal reductions at the same time. Mr.
11. would ilhistrnte his motion by stating a cin-
jrli- ca.'^e — the case of refined sugar. The <lraw-
hack payable on this sugar wiw five cents a
I' ind. These five cents rested upon a duty of
three cents, now payalile on the importation of
foreign brown sugar. It was ascertained that
it required nearly two pounds of brown sugar
to make a pound of refined sugar, and live cents
was held to be the amount of duty paid on the
quantity of brown sugar which made the pound
of refined sugar. It was simply a reimburse-
ment of what he had paid. By this bill the
<luty of foreign brown sugar will be reduced im-
mediately to two and a half cents a pound, and
afterwards will be periodically reduced until the
} xr 1842, when it will be but six-tenths of a
C'.'nt, very little more than one-sixth of the duty
when five cents the pound were allowed for a
drawback. Now, if the drawback is net re-
duced in proportion to the reduction of the duty
on the raw sugar, two very injurious conse-
quences will result to the public : first, that a
large sum of money will bo annually taken out
of the treasury in gratuitous bounties to sugar
refiners ; and next, that the consumers of refin-
ed sugar will have to pay more for American
refined sugar than foreigners will ; for the re-
finers getting a bounty of five cents a pound on
all that is exported, will export all, unless the
American consumer will pay the bounty also.
Mr. B. could not undertake to say how much
money would be drawn from the treasury, as a
mere bounty, if tliis amendment did not prevail.
It must, however, be great. The drawback was
now frequently a hundred thousand dollars a
year, and great frauds were committed to obtmn
it. Frauds to the amount of forty thousand
dollars a year had been detected, and this while
the inducement was small and inconsiderable;
but, as fast as that inducement swells from year
t I year, the temptation to commit frauds must
ucrease; and the amount drawn by fraud, add-
ed to that drawn by the letter of the law, must
be enormous. Mr. B. did not think it necessary
to illustrate his motion by further examples,
but said there were other cases which would be
as strong as that of refined sugar ; and justice
to the public required all to be checked at once,
by adopting the amendment ho had oflered."

This amendment was lost, although its neces-
sity was self-evident, and supported by Mr. Cal-
houn's vote ; but Mr. Clay was inexorable, and
would allow tf no amendment which was not

ofTere*! by friends of the bill : a qualificatinn
which usually attends all this clo-ss of out, id,.
legislation. In the end, I saw the anien'InK nt
adopte<I, as it regarded refined sugar.-i, aftir n
began to take hundreds of thousands peraiinmii
from the treasury, and was hastening on to mil-
lions [KT annum. The vote on its rejection iii
the compromise bill, was:

" Ykas.— Messrs. Benton, Buckner, CnJlmnn
Dallas, DickiTson, Dudley, Forsyth, .(olins<jn'
Kane, King. Bives, Robinson, Seymour, Tomlij'
s<m, AVebster, White, AV'lkins, Wright. — 18.

'• Nays.— Messrs. Bell, Bibb, Black, Clay. Clay-
ton, Ewing, Foot, Grundy, Hendricks, llolme-i,
Knight, JIangum, Miller, Moore Naudain. Poiiw
dexter, Prentiss, Bobbins, fciisbee, Smith
Spraguc, Tipton, Troup, Tyler.— 24." '

But the protective feature of the bill, which
sat hardest upon the Southern members, and at
one time, seemed to put an end to the " compro-
mise," was a propositi ^n, by Mr. Clay, to sul>-
stitute home valuations for foreign on imported
goods ; and on which home valuation, the duty
was to be computed. This was no part of the
bill concocted by Mr. Clay and Mr. Calhoun ;
and, when oflered, evidently took the latter gen-
tleman by surprise, who pronounced it uncon-
stitutional, unequal, and unjust ; averred the ob-
jections to the proposition to be insurmount-
able; and declared that, if adopted, would compel
him to vote against the whole bill. On the
other hand, Mr. Clayton and others, derlarcd
the adoption of the amendment to be indispensa-
ble ; and boldly made known their determina-
tion to sacrifice the bill, if it was not adopted.
A brief and sharp debate took place, in the
course of which Mr. Calhoun declared his opin-
ions to remain unaltered, and Mr. Clayton
moved to lay the bill upon the table. Its fate
seemed, at that time, to be sealed ; and certainly
would have been, if the vote on its passage had
then been taken ; but an adjoummei:t was
moved, and carried ; and, on the next day, and
after further debate, and the question on Jlr.
Clay's proposition about to be taken, Mr. Cal-
houn declared that it hid become necessary for
him to determine whether he would vote for or
against it ; said he would vote for it, otherwise
the bill would be lost. He then called upon
' the reporters in the gallery to notice well what
j he said, as he intended his declaration to be part
of the proceedings : and that he voted upon the
conditions : first, that no valuation should b«

.^^

ANNO l«*a3. ANDREW JACKSON, PIlF^lDr.NT.

:j_'3

liipto'l, which wonl(! rjake the duties uneqtial
ti (liffin-nt partH ; and M.coii(lly. that t)iu diitiis
thimselves should not become an element in the
valuation. The practical wnse of CJeneral Smith
immwliatcly exi.osed the futility of these con-
lition.s, whicli were looked upon, on all sides, an
t mere salvo for an inevitable vote, extorted from
him by the exigencies of his position ; and seve-
ral senators reminded him that his intentions
iU'l motives could have no cflect upon the law,
which would bo executed according to its owi\
vrords. The following is the debate on this
],oint, very curious in itself, even in the outside
viiw it gives of the manner of affecting great
nitional legislation ; and much more so in the iu-
jiilc view of the manner of passing this particular
measure, so lauded in its day ; and to understand
which, the outside view must first be seen. It
;,ppcars thus, in the prepared debates :

" Mr. Clay now rose to propose the amend-
™nt, of which he had previously given notice.
The object was, that, after the period prescribed
by the bill, all duties should thereafter be as-
sessed on a valuation made at the port in which
the goods are first ir h1, and under ' such
n'gulations as may be p» escribed by law.' Mr.
C said it would be seen, by this amendment,
that, in place of having a foreign valuation, it
\v:is intended to have a home one. It was be-
lieved by the friends of the protective system,
tint .such a regulation was necessary. It was
Imlicved by many of the friends of the system,
liiat, after the period of nine and a half years,
tiie most of our manufactures will bo suflQciently
,;io\vn t) be able to support themselves under a
duty of twenty per cent., if properly laid ; but
that, under a system of foreign valuation, such
would not be the case. They say that it would
he more detrimental to their interests than the
1 nvcst scale of duties that could be imposed ; and
you propose to fix a standard of duties. They
,>!e willing to take yon at yotir word, provided
you regulate this in a way to do them justice.

" Mr. Smith opposed the amendment, ou the
L'lO'.uid that it would be an increase of duties ;
tiiat it had been tried before ; that it would bo
ii'iiiiv.'ticable, unequal, unjust, and productive
of contusion, inasmuch as imported goods were
c mstantly vary'ng in value, and were well known
to be, at all times, cheaper in New- York than in
I he commercial cities south of it. This would
have the etlect of drawing all the ti-ade of the

I uited States to New-York.

"Mr. Clay said he did not think it expedient,

II deciding this question, to go forward five or
six years, and make that an obstacle to the pas-
fage of a great national measure, which is not
to go into operation until after that period. The
honorable senator from Maryland said that the
measure would be impracticable. Well, sir, if

ro, it will not he adopted. We do not adopt
it iiiiw, faid Mr. ('. ; «e only iici.ijif tlie prin.i-
I'U", havin'.' it to futiin- leiri^lation ta luijii.'tt tin'
ditails. Itesidrs, it would \n> the n-sfomlioii i.f
an ancient princijile. known ciiH'c the foundn-
tion of the povcrninerit. It nits Imt at the lii-t
session that the diroriniiniUing duty on good.-*
coming from this side, ami beyoinl the (.'a|H' of
<iood Hope, ten ])er cent, on one, and tweiiiy
fwr cent, on the other, was repealed. On wlint
principle was it, said he. that thisdiscrimlimtioii
ever prevailed 7 On the jirinciplo of the home
value. Were it not for the fraudulent invoices
which every gentleman in this country was fa-
miliar with, he would not urge the anienihnent ;
but it was to detect and prevent these frauds
that he looked ujioii the insertion of the claii>o
as essentially necessarj*.

"Mr. Smith replied that he had not said that
the measure was impracticable. lie only in-
tended to say tb: t it would be inconvenient and
unjust. Neither did he say that it would bo
adopted by future Congress; but he said, if
the principle was adopted now, it would be an
entering wedge that might lead to the adoption
of the measure. We all recollect, said Mr. S.,
that appropriations were made for surveys for
internal improvements ; and that those oj)erated
as entering wedges, and led to appropriations
for roads and canals. The adoption of the prin-
ple contended for, by the senator from Kentucky,
would not, in his (Mr. S.'s) opinion, prevent
frauds in the invoices. That very principle was
ihe foundation of all the frauds on tho revenue
of France and Spain, where the duties were as-
sessed f ^rding to the value of the goods in tho
ports \ entered. He again said that the
effect of the amendment would bo to draw the
principal commerce of the country to tho gi-cat
city of New- York, where goods were cheaper.

"Mr. Forsyth understood, from what had
fallen from the senator from Kentucky, that this
was a vital question, and on it depended the suc-
cess of this measure of conciliation and compro-
mise, which was said to settle the distracted con-
dition of the country. In one respect, it was
said to be a vital question ; and the next was, it
was useful ; and a strange contradiction follow-
ed: that the fate of this measure to unite the
jarrings of brother with brother, depended on
the adoption of a principle which might or niiglii;
not be adopted. He considered the amendment
wrong in principle, because it would be both
unequal and unjust in its operation, and because
it would raise the revenue : as the duties would
be assessed, not only on the value of the goods
art tho place whence imported, but on their value
at the place of importation. He would, however,
vote for the bill, even if tho amendment were in-
corporated in it, provided he had the a.ssurances,
from the proper quarter, that it would effect the
conciliation and compromise it was intended for.

"Mr. Clay had brought forward this measure,
with the hope that, in the course of its discus-
sion, it would ultimately assume such a shapo

324

THIRTY YKARS' VIEW.

a'* to nN-onrih' all partirn to its adoption, and
tciiil toi'inl ttii* n^'itution of thi.<< iiiiHi'ttlod i|IK-h-
tiDii. If tliore In- any iricnilKT of t\\'\>* (J<ln^'n•HH
(Mr. C. t<nid), who huvh that he will tako tliin
lull iHiw fur as niitcli as it Ih worth, and that tii-
will, at thu nu.\'t Coni^rcHH. apiin o|)on thu (jiii'.s-
tioii, (or the piirpo.sc of pcttinn a Ix'tttT bill, of
J-rin^iiii-r down thu tarilf to a lower stunilard,
without conniderin); it as a final ineaHiircof coin-
prouiise and conciliation, calculated alNo to ^ivo
s'.;;iiility to a man of business, the bill, in lii.s
cyci. would lose all its value, anil he should be
constniineil to v<ite ajrainst it.

'• It was for the sake of conciliation, of nine
years of |»eaee, to (five tranquility to a disturbed
and a;;itated country, that he had, even nt this
late period of the session, introduced this mea-
sure, which, his ixjsjiect for the other branch of
the lL>p;islature, now sitting; in that building, and
who had a measure, looking to the same end, bc-
foiv them, had prevented him from bringing for-
ward nt an earlier period But, when he had
seen the session wearing away, without the
prospect of any action in that other body, he
il'lt himself comjjelled to come forward, though
contrary to his wishes, and the advice of some
of his best friends, with whom he had acted in
the most perilous times.

'•Mr. Calhoun said, he regretted, exceedingly,
that the senator from Kentucky hud felt it his
duty to move the amendment. According to his
present impressions, the objections to it were
insurmountable; and, unless these were remov-
e I, he should be compelled to vote against the
wiiole bill, should the amendment bu adopted.
The measure proposed was, in his opinion, un-
c )n9titutional. The constitution expressly pro-
vided that no preference should be given, by any
regulation of commerce, to the ports of one State
over those of another ; and this would be the
ell'ect of adopting the amendment. Thus, great
injustice and inequality must necessarily result
fiom it ; for the price of goods being cheaper in
the Northern than in the Southern cities, a home
valuaticii would give to the former a preference
in the payment of duties. Again, the price of
goods being higher at New Orleans and Charles-
ton than at New- York, the freight and insurance
also being higher, together with the increased
oxjKjnses of a sickly climate, would give such
advantages in the amount of duties to the Nor-
thern city, as to draw to it much of the trade of
the Southern ones. In his view of the subject, this
was not all. lie was not merchant enough to
say what would be the extent of duties under
this system of home valuation ; but, as he under-
stood it, they must, of consequence, be progress-
ive. For instance, an article is brought into
New- York, value there 100 dollars. Twenty
per cent, on that would raise the value of the
article to one hundred .and twenty dollars, on
which value a duty of twenty per cent, would
be assessed at the next importation, and so on.
Ii would, therefore, be impossible to say to what
oxteat the duties would run up, lie regretted the

more that the senator from Kentucky had filt it
his duty to oiler this amendment, as he was willing
to leave the matter to the decision of a futun( ',,i,,
gress, though he did not see how they could L-i't
over the insuitiTable constitutional objections lie
had glanced at. Mr. C. apinaled to the senntor
from Kentucky, whether, with these views, h,.
would press his amendment, when he had v\iiU\,
or nine years in advance l)eforo it could take ef-
fect. ] lo understood the argimient of the senator
from Kentucky to bo an admission that tln'
amendment was not now absolutely necessary,
With respect to the apprehension of frauds oii
the revenue, Mr. C. said that every future Con-
gress would have the strongest (lisposition to
guard against them. The very reduction of du-
ties, he said, would have that effect ; it wniild
strike at the root of the evil. Mr. C. said ho
agreed with the senator from Kentucky, that
this bill will be the final ciTort at conciliation and
compromise ; and hf- for one, was not disposiO.
if it passed, to violate it 'oy future leg'slation.

" Mr. Clayton said that ho could not vote for
this bill without this amendment, nor would he
admit any idea of an abandonment of the protec-
tive system ; while he was willing to pa.ss this
measure, as one of concession from the stroni;cr
to the weaker party, he never could agree that
twenty per cent, was adequate protection to oui-
domestic manufactures, lie had been anxiuus
to do something to relievo South Carolina from
her present perilous position; though he had
never been driven by the taunts of Southern
gentlemen to do that, which he now did, for the
sake of conciliation. I vote for this bill, suid
Mr. C, only on the ground that it may save
South Carolina from herself.

" Hero Mr. C. yielded the floor to Mr. Calhoun.
who said. He hoped the gentleman would not
touch that question. Ho entreated him to be-
lieve that South Carolina had no fears for hcr<
self. The noble and disinterested attitude she
had assumed was intended for the whole nation,
while it was also calculated to relievo herself, as
well as them, from oppressive legislation. It
was not for them to consider the condition of
South Carolina only, in passing on a measure of
this importance.

" Mr. Clayton resumed. Sir, said he, I must
be permitted to explain, in my own way, tho
reasons which will govern me in the vote I am
about to give. As 1 said before, I never havo
permitted the fears of losing tho protective sys-
tem, as expressed by the senator from Georgia,
when ho taunted us with the majority that tliuy
would have in the next Congress, when they
would get a better bill, to influence my opinion
upon this occasion. That we have been driven
by our fears into this act of concession, I will
not admit. Sic, I t^H gentlemen that they may
never get such another offer as the present ; for,
though they may think otherwise, 1 do not be-
lieve that the j)cople of this country will ever be
brought to consent to the a'Ewdonment ofTlie
protective sysfctn. ■- -,~,__-__^_

ANNO 1933. ANI)KEW JACKS41N, ruiMDKNT.

-Poes nny man believe thnt flOy per rent, i."*
in adwiURtc protection on woulli-ns 1 No, sir ;
i!ic protection in l)roii(»ht down to twenty |ht
(int.: nnd when p-'ntlenien roino to me and say
that tJiin ).•* a eoiiipn>inise. I answer, with my
frimdfrom Maine, tliat I will ni)t vote for it, nn-
|.s< yon will pivo mo the fair twenty |ht cent. ;
inil this cannot be done without odoptintt the ^
principle of a homo valuation. I <lo not vote for
tliH bill because I thmk it butti-r than the
tariff "f 18112, n' • bccaiiHo I fear nullification or
Si.wiwion ; but from a motive of concession, yield-
in:; my own opinions. But if Southern pentle-
iiicn will not accept this measure in the spirit
i„r which it was tendcrofl, 1 have no reason to
vote for it. I votjnl, said Mr. ('., aj^inst the bill
of '32. for the very reason that Southern pentlc-
mcn tle^'ared that it was no concession ; and I
nmv vou' a)»ainst this for the same reasons. 1
thoiipht it bad policy to pass the bill of 'o2. I
thoiif^ht it a bad barp;ain, and I think so now.
1 have no fear of nullification or secession ; I am
not to bo intimidated by threats of Southern
jTcntlemen, that they will get a better bill at the
next session. "Rebellion made young Harry
Percy's spurs grow cold." I will vote for this
racisurc as one of conciliation and compromise ;
but if the clause of the senator from Kentucky
is not inserted, I shall be compelled to vote
against it. The protective system never can be
abandoncil ; and I, for one, will not now, or at
miy time, admit the idea.

'• Mr. Dallas was opposed to the proposit ion from
th:! committee, and agreed with Mr. Calhoun. He
would state briefly h's objection to the proposition
of the committee. Although he was from a State
■tronfrly disposed to maintain the protc -tive po-
licy, ho labored under an impression, that if any
thing could be done to conciliate the Southern
States, it was his duty to go for a measure for
that purpose ; but he should not go beyond it.
lie could do nothing in this way, as representing
his particular district of the country, but only
for the general good. He could not agree to in-
rorporate in the bill any principle which he
ihought erroneous or improper. He would sanc-
tion nothing in the bill ns an abandonment of
the principle of pi"otection. Mr. D. then made a
few remarks on home and foreign valuation, to
show the ground of his objections to the amend-
ment of Mr. Clay, though it did not prevent his
strong desire to compt'omise and conciliation.

" Mr. Clay thought it was premature to agi-
tato now the details of a legislation which migiit
take place nine years hence. The senator from
South Carolina had objected to the amendment
on constitutional grounds. He thought he c^^ld
wtisf^y him, and every senator, that there was
DO objection from the constitution.

"He asked if it was probable -that a valuation
In Liverpool could escape a constitutional objec-
tion, if a home valuation were unconstitutional ?
There was a distinction in the foreign value, and
in the thing valued. An invoice might be made
>f articles at one price in one port cf England, i

and in another y>ort at another price. The priee,
too, must vary wiili the time. Itiil all (hisemiM
not affict the rule. There w:is a di-<tiiieti<>u
wliicli gentlemen <iiil imt nb-icne, iK'twreii tim
value and the rule (»f v.iliintioii ; one ot' ,iu'<>
miglit vary, while the other eoiitiiiuid ahviivs
the same. The rule was uniform with re'.;anl to
ilin-et taxntittn ; yet the valtie of hoiiscs mil
lands of the same (piaiily an' very different lit
different places. One mode of home valuation
was, to give the government, or its officers, ilm
right to make the valuation after the one which
the importer had given. It would pri'veiit frau'l,
and the rule would not violate the constitution.
It wa.s an error that it was unconstitutional ;
the constitution said nothing about it. It wm
absurd thr.t all values must be established in
foreign countries; no other country on cartli
shoidd a-ssumo the right of jutlgin'z. Objirtinns
had Ijeen made to leaving tlie business of valua-
tion in the hands of a few executive ofllcers; Imt
the objections were atleasto(iually gri'at to leav-
ing it in the hands of Ibreigners. He thought there
was nothing in the constitutional objection, mid
hoped the measure would not be embarrassed by
such objections.

'"Mr. Calhoim said that he listened with great
care to the remarks of the gentleman fVom Ken-
lucky, and other gentlemen, who had advocated
the same side, in hopes of having his ot)jection to
the mode of valuation proi>osed in the amend-
ment removed ; but he must say, that the difli-
culties he first expres.sed still remained, leas-
ing over what seemed to him to be a coiislitii-
tional objection, he would direct his obsenatiou
to what apjieared to him to be its unequal opera-
tion. If by the home valuation be meant tho
foreign price, with the addition of freight, insm-
ance, and other expenses at the port of destina-
tion, it is ii anifest that as these arc unequal be-
tween the several jwrts in the Union — for in-
stance, between the ports New-York and New
Orleans — the duty must also be unerpial in the
same degree, if laid on value thus estimated.
But if, by the home valuation be meant the priitcs
ciUTunt at the place of importation, then, in ad-
dition to the inequality already stated, there
woidd have to be added the additional ineqtiality
resulting from the different rates of profits, and
other circumstances, which must necessarily
render prices very unequal in the several port s
of this widely-extended coimtry. There would,
in the same view, be another and a stronger ob-
jection, which ho alluded to in his former re-
marks, which remained unanswered — that tho
duties themselves constitute part of the elements
of the current prices of the imported articles ;
and that, to impose a duty on a valuation ascer-
tained by the current prices, would be to impos^e,
in reality, a duty upon a duty, and must neces-
sarily produce that increased progression in
duties, which he had already attempted to illus-
trate.

" He knew it had bten stated, in reply, thnt
a system which would produce such absur<l ro-

32G

THIRTY YK.AIls' VIEW.

'-*

milin roiilil not iMTontcmplnto'l; t^iat ronjfn-M,
iiihliT ttn' jHiwer iif ri".nilntin:r. iv^crrnl in the
«ni«'iii|in<'nt, would mlopt «otiu' in'xk' thnt woiiM [
">ivint«' tlu'Mc olijcclionK ; atnl, if notiu BiichrouM
\n- <loviHeil,tliiit tlw'provixioniofthi' nmi'ndnu-nt
would he simply ur»<lfS!*. llin dilllciiltv was not
n moved hy tlio atiKwcr to tlii' ohjfrtion. Ho
wiw^ at a l<isH to iindiTsfand what iuimIc conld he
di'viHt'd IVfe from oliiiptioii ; and, as lie wished
to Ih' candid ami xpliiMt, ho felt the diflieulty,
n-t an honest miiu. tii!i-<si'nt toajrenerahn .isure,
whicli. in all the modilications under which ho
Imd viewe<l it, was ohjectionahle. Jle apain le-
]K'i\tcd. that he re;:retted the amendment had
lu'en otl'ercd, hh lie felt a Holicitude that the {ire-
Hcnt controversy .siioiild 1)0 h<morahly and fairly
terminated. It was not hin wish that there
Hhould bo a fcelini; of vielory on either Hide.
Hut, in thuH ex|>i'i'S7.iii!!; his solicitude for an ad-
justment, lio was not i:overn(!d hy motives do-
rived from the attitude which South Carolina
occupied, and whidi the senator from Delaware
stated to inlluenco him. He wished that senator,
fts well as all others, to undorst:ind that that gal-
liiiit and patriotic State was far from considoritifr
luT situation as one rocpiiriiif; sympathy, and
was equally far from dosirinp that any adjust-
ment of this question should take place witli the
vii'w of relieving her, or with any other uiotivo
than a rofrard to the general intrrosts of the
country. So far from re(]uirinp; commiseration,
she regardoc' her position with very opposite
li^ht, as one of high responsibility, and exposing
hor to no inconsiderable danger ; but a position
voluntarily and tirmly assumed, with u full view
of consequences, and which she was determined
to maintain till the oppression under which she
and the other Southern States were suffering
v.'as removed.

*• In wishing, then, to see a termination to
the present state of things, he turned not his eyes
to South Carolina, but to the general interests
of the country. Ho ilid not believe it was pos-
sible to maintain our institutions and our liber-
ty, under the continuance of the controversy
wliich had for so long a time distnictod ns, and
brought into conlUct the two great sections of
the country. He wan in the last stage of mad-
ness who did not see, if not terminated, that this
admirable system of ours, reared by the wisdom
and virtue of our ancestors — virtue, lie feared,
which had fled forever — would fall under its
shocks. It wa.s to arrest this catastrophe, if pos-
sible, by restoring peace and harmonj' to the
Union, that governed him in desiring to see an
adjustment of the question.

"Mr. Clayton said, this point h.id been dis-
cussed in the committee; and it was because
this amendment was not adopted that he had
A^ithheld his assent from the bill. They had
new but seven business days of this session re-
maining ; and it would require the greatest unani-
mity, both in that body and in the other House,
to pass any bill on this subject. Were gentle-
men coming from the opposite extremes of the

IJnion, and rrpn-ccnting nppnniir interett*. <
ajrre*' to rombini' foirether, there woidcl h:\uy-
Jw time to piin-* this hill into a !;\w, yet if |„
saw that it could Ik- done, he would iriuiHv ^.n, ,,;,
with the connidi ration of the hill. ;iiii| with f'l.-
detennination to do nil that could IxMlone. 'Ij,,.
honorable memIxT fiv>m .South Carolina |i:i<|
found inHnjH'r.ible obstnclcs where he(.\Ir. ('.)
had fonml none. On tlu-ir part, if they n^Tcil
to this bill, it would only be for thcsakeof c.,i|.
ciliation ; if South C.irolina would not aco-pi ttic
measure in that light, then their motive for m.
rangement was at an end. l[e (Mr. C.) opiin.
bonded, however, that pood might result (Voir,
bringing the proposition forward at that tiim-.
It woidd bo placed before the view of the peniili'
who would have time to reflect and make in
their minds upon it against the meeting of tlif
ne.\t Congress. He did not hold any man m
pledgeil by their notion at this time. If tlie iir-
r.-vngcment was found to be a proper oni', tin
next Congress might adopt it. Hut, for tlio
reasons he had nlreaily stated, he had little hopi'
that any bill would bo pa-sscd at this .se.ssion ;
and, to go on debating it, day after diiy, wodM
only have the effect of defeating the many pri-
vate bills and other busineos which were w'aitin,'
the action of Congress. Ho would tLcrrfdio
propose to lay the bill for the present on llic
table ; if it were foimd, at a future period, before
the expiration of the .session, that there wa.s n
prospect of overcoming the difficulties which now
jjresented themselves, and of acting upon it, tliu
bill might bo again taken up. If no other jron-
tleman wished to make any ob.servations on tlio
amendment, he would move to luy the bill on the
tablo.

" Mr. Bibb requested the senator from Dela-
ware to withdraw his motion, whilst he (Mr. li.)
ollbred an amendment to the amendment, having
for its object to pet rid of that intermiiiiible
series of duties of which gontlemcn had spoken.

•' Mr. Clayton withdrew his motion.

" Mr. Bibb proceeded to say, that his design
was to obviate the objection of the groat increase
that would arise from a system of home valim-
tion. He hoped that something satisfactory
would bo done this session yet. lie should veto
for every respectable proposition calculated to
settle the difficulty. lie hoped there would be
corresponding concessions on both sides ; ho
wished much for the harmony of the country.
It was well known that ho (Mr. B.) wPsopposiJU
to any tariff system other than one for revenue,
and such incidental protection as that micjlit
afford. His hope was to strike out a middle
course ; otherwise, he would concur in thy mo-
tion that had been made by the senator from
Delaware [Mr. Clayton]. Mr. B. then subnittdl
his amendment, to insert the words 'before pay-
ment of,' &c.

" Mr. Clay was opposed to the amendncnt,
and ho hoped his worthy coileof ue would Hth-
draw it. If one amendment v '(I'o offer"! wid
debated, another, and another wruM follow ; ^"i

ANNO 1833. ANMIF.W JACKSOX. rUF>*II>i:NT.

•^'2^

ihiw, tlie remaining time would hv \va.-t ''1. To
I'll »iiy i)n'ci-i' H\ Hill woiiitl lit- fxlnini'ly ilitli-
nilt «t I'lftoiit. He onl)- wi>lii'«l tlu- |iiiiui|ilo
to !«■ ii<l<i|itci|,

•• Mr. llil)l)Ocoi'<Ii<l til tlic wi.«h of tlic di-imtor
frtiiM Ki'iitiicliy, uiid witlulrL'W lii.s umi'iiilnKiit

jccNplinv'ly.

-.Ml. TyliT VM opposed to the princi|ilc of
this lioine vuiiiation. I'lii' duties would be tuivi'ii
;iito coii^idiTatiuii in niul<in^ tlic valuation.s ; and
tlius, uIUt j.'oin); down liill for nine and a hulf
vc';ir-i, wo would as suddenly rho up apain to
j r<)iiil)ition. JK" complained tluit there were not
imri'liants enou(^h on this lloor from the .South ;
gild, ill this reHpict, the Northern States had the
alvuiitHde. Hut satisfy me, said Mr. T.. thiit
i!ie views of tlio Beimtor fr<>n» South Carolina
(Mr. Calhoun] are nut convct, and 1 shall vuio
iot the proposition.

" Mr. Moore said he would move an nmend-
cieiit which he ho|)eil would meet the views
(T the gentlemen ou tho other side ; it was to
thjj iflect :

•• I'liiviled, That no valuation he adopted that
ffiil ojierate unequally in dillcreut ports of the
United States.

".Mr. Calhoun a!*-) wished that tho amend-
ment would prevail, thouph ho felt it woidd lio
iiietreclual to covmteract the ineijuality of tho
pvstem. But ho would rai.so no cnvilling ob-
jections ; he wished to act in perfect pood
faith; and ho only wished to sco what could
be (lone.

".Mr. Mooro said ho had but two motives in
offerinp tho anu-ndment to tho amendment of
the .senator. Tho first was, to get rid of the
constitutional objections to tho amendment of
the senator from Kentucky ; and tho second
was, to do justice to those he had tho honor to
represent. Tho honorable gentleman said that
Mobile and New Orleans would not pay higher
(hitics, beeauso the goods imported there would
I of more value ; and this was tho very reason,
Mr. ^I. contended, why the duties would be
iii;;lier. Did not every one see that if the same
article was valued in New- York at one hundred
dollars, and in Mobile at one hundred and thirty-
five dollars, the duty of twenty per cent, would
he hi, 'her at the latter place.'' IIo had nothing
but tlie spirit of compromise in view, and hoped
jreutlemen would meet him in the same spirit,
lie would now propose, with the permission of
tiic senator from Maine, to vary his motion, and
(ifTer a substitute in exact conformity with the
language of the constitution. This proposition
being admitted by general consent, Mr. Mooro
modified his amendment accordingly. ^It was
an affirmation of the constitution, that all duties
ihould be uniform, &c).

' Mr. Forsyth supported the amendment of the
senator from Alabama, and hoped it would meet
the approbation of the Senate. It would get rid
of all difficulty about words. No one, he pre-
sumed, wished to violate the constitution ; and
if the measure of the sejiatorfrom Kentucky was

conBi.stent with the conntituti'iii, it \v,.ul.l puvailj
if not. it Mould not Ih' adoptid.

" .NIr. Il<ilnie.> nlo^ed an udjourtiiiunt.

" .Mr. .MiMire a.tkctl fur the yeas and im_\s on
the motion to adjourn, and tney were ucconl-
iii^ly orden'd, when the (piestioii wa.-t taken and
detitjed in the atlirnmti\e — Yeas -2, nays 111, ai
follows :

"Yi:as.— Mes^^s. Ilcll, Cl.nyton, Dallas, DiiU-
erson, Kwing, Foot, Freliiiphuysen, itnlnie.'*,
Johnston, Kane. Knipht, Naudain, I'niitisK,
Ivoiiltinfi, Uobin!<on, Silsbee, .'^iiiith. Tipton, Tom-
lin.^on, Wappamaii, Webster. Wilkins. — '2.2.

" Nays.— .Me.-Hr.«<. Bibb, lUaek, Hiukiur, Cal-
houn. Clay, Dudley, (irtindy, Ilendrick.s, Hill,
King, Miller, Moore, I'oiiidixter, Sprague, Uives,
Troiij), Tyler, White, Wripht.— I'.*.

'■'Ihe Senate then, at hiilf-pa.»t four o'clock,
adjourned.

"/VjV/oy, h\hnt(tnj 22.

" Jfr. Smith (of Md.) said, the motion to amend
by tho word ' uniform ' was unnerossary. That
was provided for by the constitution. 'All
duties must be uniform.' An addition to tliu
cost of goods of forty, lifty, or si.xty per cent.
would bo uniform, but would not prevent fraud,
nor the certainty of great inequality in the valu-
ation in the several ports. The value of poods
at New Orleans particularly, and at almost every
other port, will be higher than at New- York.
I have not said that such mode was unconstitu-
tional, nor have 1 said that it was impracticable ;
few things are .so. But I have said, and do now
say, that tho mode is open to fraud, and nioio
so than tho present. At present tho merchant
enters his good.s, and swears to the truth of his
invoice. One package in every live or ten is sent
to tho public warehouse, and there carefully
examined by two appraisers on oath. If they
find fraud, or suspect fraud, then all the poods
belonging to such merchants are sent to the aj)-
prai.sers ; and if frauds be discovered, the gooils
are forfeited. No American merchant has evt r
been convicted of such fraud. Foreigners ha o
even been severely punished by loss of their
property. Tho laws are good and sufficiently
safe as they now stand on our statutes. I wish
no stronger ; we know the one, we are ignorant
how tho other will work. Such a mode of
valuation is unknown to any nation except
Spain, where the valuation is arbitrary ; and the
goods are valued agreeably to the amount of tho
bribe given. This is perfectly understood and
practised. It is in the nature of such mode of
valuation to be arbitrary. No rule can bo es-
tablished that will make such mode uniform
throughout the Union, and some of the small
ports will value low to bring business to their
towns. A scene of connivance and injustice will
take place that no law can prevent.

" The merchant will be put to great inoon-
venience by the mode proposed. All his goods
must be sent to the public warehouses, and there
opened piece by piece ; by which process they

328

TIIIKTY YEARS' VIEW.

■ ',i^itH'4i

will RiiHtain PKxvntinl injury. Th« (mt^U will
\<f ilctaini'il frotn tlio owiuts fur a week or n
inoiitli, or st'\\\ iiiMi't', iinli'SM yon Imvc one or twt)
liumiri'ii niiprHisiTN in Ntw-Vork, nn<l |iri>|)or-
tioiiiitcly in oiIht iiort-* ; tliu-* iinnaKiiii.' imtron-
n;:c' ; iui<i with mien a host, cnii Wf cxikcI cillitT
miilorniiiv or tvpiality in tin' vnlimtion / All
will hnl l»c honest, nnd llie SpnnJMli mode will
lie uilo|i|eil. One Ki't of a|i|iniis(Ts, wlio vuliio
low. will lmv(! n |iriority. In lint, if tins mode
hhonid ever lie udopteil, it will eatine ^n-ut dix-
content, nnd nni>t Hoon lie changed. Am uII
iindernliiiid the ('aii>e to lie to (latter tiie nianii-
factnniH with n plan wliieli they think will U'
(K-nellcuil to them, Imt which, wc all know, can
never he realized, it irt deception on its face, as
is almost the whole of tlio bill now under our
consideration.

" Keinemlier, Mr. I'rosident, that the senators
from Kentifky and Sonth Carolina [.Mr. Clay
and iMr. CalhounJ, have declared this hill (if it
gliould liceome a law)- •" ''i' iwrinanent, and
that no honorable man who shall vote for it can
ever attenijit n chanfire ; yet, sir, the pressure
against it will be such at the next session that
Coufrress will Ik; compelled to revise it ; nnd as
the storm may then linvo passed over C'onfjicss,
II new Congress, with better feelinns, will be
nble to net with more deliberation, and may
l)ass ft law that will lie generally approved.
Nearly nil agree that this bill iu u bad bill. A
similar opinion prevailed on the passage of the
tariff of 1)S28, and yet it pns.sed, nnd caused all
(iiir present danger nnd diflicultie.s. All admit
that the a(!t of 1828, as it stands on our statutes,
is constitutional. J{ut the senator [Mr. Cal-
hounJ has said that it is unconstitutional, be-
cause of the motive under which it passed ; and
he said that that motive was protection to the
manufiicturers. How, sir, I ask, are we to know
the motives of men .' I thought then, and think
now, that the ajiproaching election for I'resident
tended greatly to the enactments of the acts of
1824 and 1828; many of my friends thought so
at the time. I have somewhere read of the
minister of a king or emperor in Asia, who was
anxious to be considered o man of truth, and al-
ways boasted of his voracity. He hypocritical-
ly prayed to God that he might always speak
the truth. A genii appeared nnd told him that
his prayer had been heard, touched him with
his spear, and said, hereafter you will speak
truth on all occasions. The next day he waited
cm his majesty and said, Sire, I intended to
have assassinated you yesterday, but was pre-
vented by the nod of the officer behind you,
who is to kill you to-morrow. The result I
will not mention. Now, Mr. President, if the
same genii was to touch with his .spear each of
the senators who voted for the act of 1828. and
an interrogator was appointed, he would ask,
what induced you to give that vote ? Why, sir,
I acted on sound principles. I believe it is the
duty of every good government to promote the
manufactures of tho. nation : all hiBtorians cnlo-

(riic the kingM who have don<> no, mu\ <>• nv\n>
tlioKe kingH who hii\e ntglectiil thini. I iii.r
you III the hiHlorv of Allied. It i* known i|,..|t
the staple of KiiKland win wnol, which Ma^ ►, „(
to KlanderH to be eMlianged (iir elotlin. 11,^
I'ivil wars, by the iiiviisions of thiit nation, ki i •
tlani lung diiniideiit on the Fliminp* for tin.
cloths they wort'. At length a giKid kiin« l;(,^.
eriied ; and he invited KliiiiiBli mamiliutiirtrs
to Kiiglanil, nnd gave them great iinvilejii o.
They taught the youth of Kngland, the iiiumh'
faetun? siictveded, nnd now Knglnnd Mip'iljcs all
the world with wixilleii cloth. The iiileiTi.;.'a-
tor asked another the same (|iieHtion. Mix ini.
i swer might have liten, that he thought the |ia-s.
I ing of the law would secure the voles of ij,,,
manufacturers in favdr of his friend who want-
1 ed to lie the President. Another answer nii^lit
have li«'en, a large duty was ini|K)sed on an ar-
ticle which my constituents raised ; and 1 voIim]
for it, altlKiugh I disliked all the residue of the
bill. !<ir, the motives, no doubt, were ililH i\iir
that induced the voting for that bill, aiid were,
I as we all know, not confined to the iirotiotive
I system. Many voted on political grouiuls, as
many will on this bill, and as they did on tin.
I enforcing bill. AVo cannot declare n bill iiiiton-
I stitutiounl, becnuse of the motives tlint niny gov-
' ern the voters. It is idle to assign such ii raii-e
I for the part that is now acting in South Can.li-
! na. I know, Mr. President, that no argument
will have any effect on the passage of this hill.
The high contracting parties have agreed. Liit
1 owed it to myself to make these remarks.

"Mr. Webster said, that he held the homo
valuntion to be, to any extent, impracticnhlo ;
and that it was unprecedented, and unknown in
any legislation. Both the home and foreijrn
valuation ought to be excluded as fur as possi-
ble, and specitic duties should bo resorted to.
This keeping out of view specific duties, and
turning us back to the principle of a vnluation
was, in his Tiew, the great vice of this bill. In
England live out of six, or nine out of ten arti-
cles, pay specific duties, nnd the valuation is on
the remnant. Among th? articles which p»iy
a<l valorem duties in England are silk goods,
which are imported either from India, whence
they are brought to one port only ; or from Eu-
rope, in which ca.se there is a specific and an ud
valorem duty ; and the officer has the option to
take either the one or the other. He suggested
that the Senate, before they adopted tlie ud m-
lorein principle, should look to the effects on
the importation of the country.

, " He took a view of the iron trade, to show

that evil would result to that branch from a

substitution of the ad valorem for the specific

system of duties. He admitted himself to be

unable to comprehend the elements of a homo

valuation, and mentioned cases where it would

j be impossible to find an accurate standard of

valuation of this character. The plan w as im-

' practicable and illusory.

1 " Mr. Clayton said, I would go for this bill

ANSO IMS. ASr»REW JACK'^OV, mFMDrNT.

3ja

for this bill

»nlv f'T »hi' nako of nincoMion. TJn« wnntor
(r ,m South Ciiroliiift itwi l\\ «rlnllirr it is iiki--
li' t'> )«' ri'«'<'i>i'i| nN Miirli iiiiil to atdiin tlifl oli-
i-ct |irop<>MH| ; if ncij I l.iivf n |(iiiiii ciiin'o t<>
hiir-o*' ; I mil (i|ip'»M'<| in the liill. (rili-NH I ciiii
i,liiaiii I't iIu) HhimiliirliiriT* tin- ivxHuruiicf tluit
tin' iini'.ripU' nf tlif liill w ill not U- ili«turlMM|,
ind tliii* it will Im> r«'<fivc«l in the li(:lil of acoii-
o;<,4i<iii, I f*lmll <i|i|MiM- it.

"Mr. Mi'iitoii (ii>jf<'ttMl to the home Tiiiiintion,
n% teii<iiti>r t'> n violutinn of the (MiiMtitiition of
llv riiited Stntt'f*. ami citfi, ami cxciitoH ; but
;ill (liitifs, itiipoHt-4, ami cxrlNcs Nhall l>e iinifonn
thmu^'hoiit the l.'nitod Stattw.' All nnit'orniity
(if flutii'S atnl iinpoHtK, ho rontcmled, would Ix.'
dostroyed hy this ainendinent. No hiiinan jud(c-
iiiiiit could fix tliu ^allluof the Haino (^ooiIh at
I'u' wiiiip rate, in all the various itortM of the
liiiti'tl Stnt'.'s. If the Fame individual valm "
(lie (foods in every jtort, and evory carpo i.i
ivcry I)ort, he would commit innumerahle er-
pirri and inistakcB in the valuation ; and, accord-
in:; to the diversity of these errors and mis-
tiikcs, would Ik? the diversity in the amount of
iliitii-s and iin{)0st.9 laid and collected in the dif-
I'lTt'iit ports.

"Mr, B. objected to the home valuation, be-
rmiie it would bo injurious and almost fatal to
the soiithern ports. He conllned his remarks
10 New Orleans. Tho standard of valuation
ttoiild be tiftcen or twenty per cent. hij;her in
New Orleans than in New-York, and other
nurtliern jiorts. All importers will go to the
nnrtheastern citicfl, to evade hi(?h duties at New
Oilcans ; and that great emporium of the West
will be doomed to sink into a mero ex[>orting
city, while all the money which it pays for ex-
])ort.s must bo carried off and expended elsewhere
f)r imitorts. Without an import trade, no oity
can flourish, or even furnish a good market for
cxportn. It will bo drained of its effective cash,
and deprived of ita legitimate gains, and inu.st
laiijrnish far in tho rear of what it would be, if
iiiriched with the profits of an import trade.
As an exporter, it will buy ; as an imp'^-ler, it
will Bell. All buying, and no selling, inn.M 'm-
poverish cities as well as individuals. JN-.v Or-
leans is now a great exporting city ; she exports
more domestic productions than any city in tho
I'nionj her imports have been in'-'-oasing, for
some years ; and, with fair play, would soon be-
come next to New- York, and furiish the whole
valley of the Mississippi with its immense sup-
lilies of foreign goods ; but, under the influence
uf a homo valuation, it must lose a greater part
of the import trade which it now possesses. In
tliat loss, its wealth must decline ; its capacity
tu purchase produce for (exportation must de<
:line ; and as tho western produce must go there,
at all events, every western farmer will suffer a
Jccline in the value of his own productions, in
proportion to the decline of the ability of New
Orleans to purchase it. It was as a western

riliiirn that he plended Ow <nii-.. ..f New <>rlenn«,
and ii('jfo(i-d to this iiieii«iiri' nrhoiix' vnliiiiti'>ii.
wllieli Uif* to have the lllimt liilliit'ul ellei t U|hi||

her pr"-*|KTity.

•'.Mr. H. further olijwted tollie Iuiiim' vulenliini
on iieetiunt of ihe (Treat iiililiiiMiml exiN'tiM* I'
Would create; the aiiiount of piitr>>iiii):e it wmilil
einifer; the rivalry it would \nvxt l«-i\vceii im-
porting cities ; and the injury it wihiIiI iK'iiKitiii
t.> merchants. IVmn tho detenlioti and lnttidliiiK
nf their giMMis ; and concluded with vaviir.', lliut
the lioinu valuation was the nini-t nliiinxiniis
feature ever introduced into the tanH'mi^; ihut
it wan itself e(|uivalent to a nepiirate Imill nf un
jK-r cent. ; that it had always been re>i.«ti'd. and
successfully n-sisti-d ■ the Biiti-tiinll inti're>t.
in the highist and inc I ^ liny days of the Aiueri-
cnn system, and ouglii .lot now to be iiitioihiced
when that systeii/ is admitted to be nodding to
its fall ; when its death is actually lixed to the
3()th day of .lum- l^il'J, and whcii the n>ioiu-
lion of hannonious feelinps is proclaimed to be
the wlude object of this bill.

'• Mr. H. Tiid this was a htnuige priiicipk' to
bring into a oill to reduce duties. It wns an in-
. Tease, ir •■ new fof. > — an Mclefinable fnrin—
and would bo tax u[ >'\ tax, as the whole co.<t of
getting the goods re >. . for a market valuation
here, would have ; / ")e included: original co.'-t,
freight, insurance, commission^ duties here. It
was ne r (tection, in a nc i jriu, and in an
extraoi hn.uy form, and such as never could bu
caiTie<l jefoiu. It had often been attempted, a.s
as a part of the American system, but never re«
ceived countenance before.

'• Mr. Calhoun rose and said :

"As the (luestion is now about to be put on
tho amendment offered by the senator from
Kentuclcy, it becumo necessary for him to de-
termine whether ho should vote fur or against
it. lie must bo jwrmitted again to cNpiess his
regret that tho senator had thought j/roper to
move it. His objection still remained strong
against it ; but, as it seemed to be admitted, on
all hands, that the fate of the bill depended on
the fate of the amendment, feeling, as he did, a
solicitude to see the question terminated, he had
made up his mind, not, however, without much
hesitation, not to interpose his vote agains-t tho
adoption of the amendment; but, in voting for
it, he wished to be distinctly understood, he did
it upon two conditions : first, that no valuation
would be adopted that should come in conflict
with the provision in the constitution which de-
clares that duties, excises, and imposts shall bo
uniform ; and, in the next place, that none would
be adopted which would make the duties them-
selves a part of tho element of a home valuation.
He felt himself justified in concluding that none
such would be adopted ; as it had been declared
by the supporters of the amendment, that no
such regulation was contemplated ; and, in fact,
he could not imagine that any such could be
contemplated, whatever interpretation might lie
attempted hereafter to be given to the expression

I ,ii..

i'-

li .

330

THIRTY YEARS' VIKW.

ii ;:

■; ! i

f'f tlie lionu' iniirkft. The first couM soarccly
ly; c(jntintiiliite<l, ns it woiiM lie in violation of
the (^oiistilution itself; n<T tlie latter, as it
woiiM. ]>y newsHary conseiiuence, restore the
vei.v (liitiis. whicli it wnn tlie ohject of this bill
to rtdiice, ami would involve the plaiinp; ab-
surdity ol' imposing; dtitics on duties, taxes on
taxes. He wished the reporters for the public
press to notice jiarticularly what ho said, as he
intended his declarntiou to be jiart of the pro-
ceedinps.

" Jklievin;:, then, for the reasons which lie had
Ftatcd. that it was not conteinplatcil that any
re}iulation of the home valuation BhouJd come
in conllict with the provisions of the constitution
which he bad cited, nor involve the absurdity
of la\ in;x taxes upon taxes, he had made up his
mind to vote in favor of the amendment.

'•.Mr. .Smith said, any declaration of tho riews
and motives, imder which an3' individual senator
mifrht now vole, could have no influence, in
liS42; they would be forgotten lonp; before that
time had arrived. The law must rest upon the
interjiretation of its words alone.

'■iMr. Calhoun said lie could not help that; he
shoidd endeavor to do his duty.

'• Mr. Clayton said there was certainly no am-
biguity whatever in the phraseolopy of the amend-
ment. In advocating it, he had desired to de-
ceive no man ; lie sincerely hoped no one would
sufl'er himself to be deceived by it.

"Mr. Wilkins said, if it had been his intention
to have voted against the amendment, he should
have remained silent; but. after the explicit de-
elara' ion of the honorable gentleman from South
Carolina [Mr. Calhoun] of tho reason of bis
vote, and believing, himself, tliat the amend-
ment would have a dilierent construction from
that given it by the gentleman, be [Mr. AV,]
would as expressly state, that he would vote on
tlie question, with the impression that it would
rot hereafter be expounded by the declaration
of any senator on this floor, but by the plain
meaning of the words in the text.

" The amendment of Mr. Clay, fixing the prin-
ciple of homo valuation as a part of the bill, was
then adojited, by the following vote :

'•Yeas. — ^fessr.^. Beii, Black, Bibb, Calhoun,
Chambers, Clay, Clayton, E wing. Foot, Freling-
buy.sen, Hill, Holmes, Johnson, King, Knight,
Miller, Moore, Naudain, Poindexter, Prentiss,
Hives, Bobbins, Sprague, Tomlinson, Tyler, Wil-
kins.— 20.

'•Nays. — Messrs. Benton, Buckncr, Dallas,
Dickerson, Dudley, Forsyth, Grundy, Kane,
Jlobinson. Sevmour, Silsbee, Smith, AVaggaman,
AVelster, Wliite, Wright.— 10."

And thus a new principle of protection, never
before engrafted on the American system, and
to get at which the constitution had to bo vio-
lated in the article of the uniformity of duties,
was established ! and established by the aid of
those who declared all protection to be uncon-

stitutional, and just cause for the R<-ccssion of n
State frcm the Union ! and were then .nctiii" (,n
that assuni])tion.

C II APT Ell LXXXIII.

KEVENUE COLL>:CTION. OU FOUCE lillj,.

The President in bis message on the Soutli
I Carolina proceedings had recommended to Con-
gress the revival of some acts, heretofore in forco,
to enable him to execute the laws in that State •
and the Senate's committee on the Judiciary
had reported a bill accordingly early in the ses-
sion. It was immediately assailed by several
members as violent and unconstitutional, tenrlin.'
to civil war, and denounced as " the bloody bill "
— " tho force bill," &c. Mr. Wilkins of Ponn-
sylvania, the reporter of the bill, vindicated it
from this inj irious character, showed that it
was made out of previous laws, and contained
nothing novel but tho harmless contingent au-
thority to remove the office of the custoins fnin
one building to another in the case of need. Ho
said :

" The Judiciary Committee, in framing it, had
been particularly anxious not to introduce anv
novel principle — any which could not be found
on the statute book. The only novel one whicli
the bill presented was one of a very simple
nature. It was that which authorized the Pies-
ident, under the particular circumstances which
were specified in the bill, to remove the custom-
house. This was the only novel principle, and
care was taken that in providing for such re-
moval no authority was given to use force.

" The committee were apprehensive that some
collision might take place after the 1st of Feli-
ruary, either between the conflicting parties of
the citizens of South Carolina, or between the
oflicers of the federal government and the
citizens. And to remove, as far as possible, all
chance of such collision, provision was made
that the collector might, at tho moment of ini-
ipinent danger, remove the custom-house to ;.
place of security ; or, to use a plain phrase, put
it out of harm's way. He admitted the import-
ance of this bill ; but he viewed its importance
as arising not out of the provisions of the bill
itself, but out of the state of affairs in South
Carolina, to which the bill had reference. In
this view, it was of paramount importance.

" It had become necessary to legislate on this
subject ; whether it was necrssary to pass the
bill or not, he would not say ; but legislation, in

natural,

tions on

The Bill M
witnessed, a
odious to tl
odium to th
sirumental
through,
warmest opj
rate speech,

••In the
made into th
tvrtaiii doct
world over
\mi,\v that
those who
ii'id to mis'
place on thi;

ANNO isn.r ANDKKW JACKSON. l'ItKj^II)KNT.

1 '■» t

)KCE lilLL.

r as pos.4ble, all

nfiToncc to South Carolinn. proTious to the let
i,f PVlirimry. Iiad iKCome nt'cossary. Sonu'tliinp
must IfC dimt'; ami it la-lioovcs the poverninciit
; I iiiiopt every measure of precaution, to pn»-
iiiit those awful consei|ueneea whieh all iinist
f .n-ie a.< necessarily resulting: from the position
which South Carolina lias thought proper to
n-«iinte.

• Here nullification is declaimed, on one hand.
iiikss we abolish our revenue system. AVe
oiiisi'Mtinp to do this, they remain quiet. IJut
i; we no a hair's breadth towards enforcin;; that
rvsteni, they present Recession. Wehaveseccs-
sMU on one hand, and nullification on tlie other.
Ihe senator fion» South Carolina wlmitted the
(tlicr da}'' that no such thing as constitutional '
Kcession could exist. Then civil war, disunion, j
iiiid anarchy must accompany secession. No I
mie denies the right of revolution. That is a
iiiitnnil, indefeasible, inherent right — a right
which we have exercised and lield out, by our
example, to the civilized world. Who denies
it I Then we liave revolution by force, not con-
stitutional secession. That violence must come
iiy secession is certain. Another law passed by j
the legislature of South Carolina, is entitled a
hill to provide for the safety of the people of
^outh Carolina. It advises them to put on their j
minor. It puts them in military array ; and i
for what pur^K)se but for the use of force ? The
[iiovisions of these laws are infinitely worse than
iho?e of the fetidal system, so far as they apply
to the citizens of Carolina. IJut with its oiwra-
tions on their own citizens he had nothing to
do. Resistance was just as inevitable as the
•irrival of the day on the calendar. In addition
to these documents, what did rumor sivj' — ru-
mor, which often falsifies, but sometimes utters
truth. If we judge by newspaper and other
Imports, more men were now ready to take up
linns in Carolina, than there were during the re-
volutionary struggle. The whole State was at
this moment in arms, and its citizens are ready to
be embattled the moment any attempt was made
to enforce the revenue laws. The city of Charles-
ton wore the appearance of a military depot."

The Bill was opposed with a vehemence rarely
witnessed, and every eifort made to render it
odious to the people, and even to extend the
odium to the President, and to all persons in-
strumental in bringing it forward, or urging it
through. Mr. Tyler of Virginia, was one of its
warmest opposers, and in the course of an elabo-
rate speech, said :

"In the course of the examination I have
made into this subject, I have been led to analyze
tvrtain doctrines which have gone out to the
world over the signature of the President. I
l;n(.w that my language may be seized on by
thoso who nro disposed to carp at my course
ind to mis'eprcsent me. Since I have held a
plaoe on this Uoor. I have not courted the smiles

of the Executi^'o; but whenever ho had done
any act in violation <if tlie cnnstiMitioiwil ri)rlit.s
(if the citizen, «ir trtnching on iho ri'jhts of tlie
.S>nate, I have U'en lowiid in f)|iixi»itii>n to him.
When he apjM>inted corps I'f eiliturs t"> ollicf, I
thought it was Tiiy duty to <)J)p(l^(• his cniirsi'.
When he apiKiinttd a minister to a foniLMi ciiui t
without the sanction <»r the law. I also wriit
against hini. Lirause, on my consciiiicc, I be-
lieved that the act WiU< wrong. Such was my
course, acting, a.s I did, under a sciK-e at' the
duty I owed to my constituents ; and I will now
ruy. I care not how loudly the truuipi't may be
sounded, nor how low theiiriests may bend their
knees l)efi>re the object of their idolatry. I will
be at the side of the President, crying iu his ear,
' Remember. Philip, thou ait mortal ! '

"1 object to the fii-st section, because it con-
fers on the President the power of closing old
ports of entry and estublishing new ones. It
has been rightly said by the gentleman from
Kentucky [Mr. Bibbj that this wa.s a prominent
cause which led to the Revolution, The iioston
port bill, which removed the ctistom-house from
Boston to Salem, first roused the people to re-
sistance. To guard against this very abuse, the
constitution had confided to Congress the power
to regulate commerce ; the establishment of
ports of entry formed a material part of this
power, and one which required legislative enact-
ment. Now I deny that Congress can deputize
its legislative powers. If it maj^ one, it may all ;
and thus, a majority here can, at their jileasiire,
change the very character of the government.
The President might come to be invested with
authority to make all laws which his discretion
might dictate. It is vain to tell me (said Mr.
T.) that I unagine a case which will never exist.
I tell you, .sir, that power is cumulative, and that
patronage begets power. The rea.soning is un-
answerable. If you can part with your power
in one instance, yoti may in another and another.
You may confer upon the President the right to
declare war ; and this very provision may liiirly
be considered as investing him with authority
to make war at his mere will and pleasure on
cities, towns, and villages. The prospeiity <jf a
city depends on the position of its custom-housu
and port of entry. Take the case of Norfolk,
Richmond, and Fredericksburg, in my own
State; who doubts but that to remove the
custom-house from Norfolk to Old Point Com-
fort, of Richmond to the mouth of CliickalKJininy,
or of Fredericksburg to 'iappahanuock or L r-
banna, would utterly annihilate those towns i
I have no tongue to express my sense of the pro-
bable injustice of the measure. Sir, it involves the
innocent with the guilty. Take the case of
Charleston ; what if ninety-nine merchants were
ready and willing to eom|)ly with your revenue
laws, and that but one man could be found to
resist them ; would you run the hazard of
destroying the ninety-nine iu order to punish
one 1 Trade is a delicate subject to touch ;
once divert it out of its rcjjular chanuels, and

II1.V5; '

^^'

332

THIRTY YRARS" VIKW.

notliinp i-i Tiinrc diflirult limn to restore it.
I'liis iiurasiirf iiiiiy involve tlif nctiia property
oi' every iiuin, wntiian, and child in ilmt city ;
iind this, too. when you have a redundancy of
millions in your treasury, and when no interest
c.'ui sustain injury hy awaitinf; the actual occur- 1
reiicu of IV case of resistance to your laws, iK'fore i
you would have an opportunity to Icjrislato. j

''He is further tinpowered to employ the land
and naval forces, to put down all 'aiders and
ui)ettors.' How far will this authority extend? i
Suppose the lefiislature of .Soutli Carolina should j
hapjR'n to be in .session : I will not blink the i
question, Kui»pose the legislature to be in session j
ai the time of any disturbance, passing laws in !
furtherance of the ordinance which ha.s been i
adopted by the convention of that State ; miRht j
they not be considered by the President as aiders
and abettors ? The President mipht not, per- i
haps, maich at the head of his troops, with a '
nourish of drums and truniixits, and with bayo-
nets fixed, into the state-house yard, at Colum-
bia ; but, if he did so, he would Iind a precedent
for it in Iin}j;lish history.

"There was no ambiguity abo>it this measure.
The i)iophecy had already pone forth ; the Pre-
sident has said that the laws will be obstructed.
The President had not only foretold the coming
difficulties, but he has also assembled an army.
The city of Charleston, if report spoke true, was
now a beleugured city ; the cannon of Fort
Pinckncy are pointing at it ; and although tliey
arc now quietly 6leei)ing, they are ready to open
their thunders whenever ilie voice of authority
shall give the conunand. And shall these ter-
rors be let loose because some one man may re-
fuse to pay some small modicum of revenue,
which Congress, the day after it came into the
treasury, might vote in satisfaction of some un-
founded claim ? Shall we set so small a value
upon the lives of the jjeople ? Let us at least wait
to see the course of measures. We can never
be too tardy in commencing the work of blood.

"If the majority shall pass this bill, they
m'ist do it on their own responsibility ; I will
have no part in it. AVhen gentlemen recount
the blessings of union ; when they dwell upon
the past, and sketch out, in bright perspective,
the future, they awaken in my breast all the
l)ride of an American ; my pulse beats respon-
h- to theirs, and I regard union, next to free-
dom, as the greatest of blessings. Yes, sir, 'the
federal Union must be preserved.' But how ?
Will you seek to preserve it by force ? Will
you appease the angry spirit of discord by an
oblation of blood ? Suppose that the proud
and haughty spirit of South Carolina shall not
bend to your high 'Hlicts in token of fealty ; that

Ii'ou make war upon her, hang her Governor, her
egislators, and judges, as traitors, and reduce
her to the condition of a conquered province —
iiave you preserved the Union ? This Union
consists of twenty-four States ; would 3'0)i have
presei-ved the Union by striking out one of the
Ittuteb — one oi' the old thiilceii i Geotlemen

had boasted of the flag of our countrj-, with it*
thirteen stars. When the light of one of ihi^,'
stars shall have been extinguished, will the f!,i..
wave over us, umler which our fathers foiiL'tit )
If we are to go on (-triking out star afier .star
what will finally remain hut a central nud ^
burning sun, blighting and destroying cvirv
germ of liU>rty ? The flag which' 1 wish to
wave over me, is that which floated in triuiii].!i
at Saratoga and Yorktown. It bore \\\uiti it
thirteen States, of which South Cai-oliua ws-:
one. Sir, there is a great diflerencc between jirc-
serving Union and preserving governtncnt ; the
Union may be annihilated, yet government prp.
served ; but, under such a government, no ni;m
ought to desire to live."

Mr. Webster, one of the committee which re-
ported the bill, ju.stly rebuked all this vitupera-
tion, and justified the bill, both for the equity
of its provisions, and the necessity for ennctini;
them. He said :

" The President, charged by the constitution
with the duty of executing the laws, has ?erit
us a message, alleging that powerful coinbin.i-
tions are forming to resist their execution ; that
the existing laws are not sufficient to meet the
crisis ; and recommending sundry enactments
as necessary for the occasion. The message be-
ing referred to the Judiciary Committee, tliat
committee has reported a bill in compliance with
the President's recommendation. It has not
gone beyond the message. Every tiling in the
bill, every single provision, which is now com-
plained of, is in the message. Yet the whole
war is raised t^aiqst the bill, and against tlie
committee, as if the committee had originated
the whole matter. Gentlemen get up and ad-
dress us, as if they were arguing against some
measure of a factious opposition. They look
the same way, sir, and speak with the same ve-
hemence, as they used to do when they raised
their patriotic voices against what they called a
' coalition.'

"Now, sir, let it be known, once for all, that
this is an administration measure ; that it i^
the President's own measure ; and I jiray pen-
tlemen to have the goodness, if they call it hard
names, and talk loudly against its friends, not
to overlook its source. Let them atuck it, if
they choose to attack it, in its origin.

" Let it be known, al.so, that a majority of the
committee reporting the bill are friends and
supporters of the administration ; and that it is
maintained in this house by those who are
among his steadltist fi lends, of long standing.

" It is, sir, as I have already said, the Presi-
dent's own measure. Let those who oppose it
oppose it as such. Let them fairly acknowledge
its origin, and meet it accordingly.

" The honomble member from Kentucky, who
spoke first again.st the bill, said he found in il
another Jersey prison-ship ; let him state, theu,

ANNO 1833. ANr)UE\V JACKSON, Tia^^IDKNT.

333

them attack it, if

(|,at the President hna sent a niessaptj to Con-
i;n.'.-s. recoinineiuliiip: a renewal of the miHlTinKH
iiid horn>r8 of the Jersey prison-ship. lie
i.avs, t<x>, that the bill Hnnll's of the alien and
^.'(lition law. l?ut the bill is fnifirant of no
lioner except the Banic which iHrfunies the
iiK'-i-iipe. Let him, thin, say, if he tliinks so,
iliul (icneral Jackson ailvif-es a ix'vival of the
liriiHiples of the alien and sedition laws.

•' The honorable nicniKT from Virginia [.Mr.
Ivkr]. linds out a resiinblnnce between this
(nil and the Boston port bill. Sir, if one of
ih"?e be imitated liom the other, the imitation
\^ the Presiilent's. The bill makes the Presi-
dent, he says, sole judpre of the constitution.
|)oc'.s he mean to say that the President has
ii'connnendcd a measure which is to make him
Hjle judge of the constitution ? The bill, he de-
clare^, sacrifices every thing to arbitrary power
—he will lend no aid to its pa.ssagc — he \vo\ild
iiitlicr ' be a dog, and bay the moon, than such
a Koiaan.' lie did not say 'the old lloman.'
Yet the gentleman well knows, that if any thing
\r, sacrificed to arbitrary power, the sacrifice
l,as been demanded by the ' old Koman,' as he
and others have called him ; by the President
whom he has supported, so often and so ably,
fir the chief magistracy of the country. lie
tiivs, too, that one of tlie sections is an English
liutany Bay law, except that it is much worse.
Tills i-cction, sir, whatever it may be, is just
wliat tlie President's message recommended.
Similar observations are applicable to the re-
iiiiuks of both the honorable gentlemen from
North Carolina. It is not necessary to particu-
larize those remarks. They wore in the same
►train.

" Therefore, sir, let it be understood, let it be
known, that the war which these gentlemen
(hoosc to wage, is waged against the measures
(,f tlie administration, against the President of
their own choice. The controversy has arisen
lietween him and them, and, in its progress,
they will probably come to a distinct under-
standing.

•• Mr. President, I am not to be understood as
admitting that these charges against the bill are
just, or that they would be just if made against
the message. On the contrarj', I think them
wholly unjust. No one of them, in my opinion,
can be made good. I think the bill, or some
eimilar measure, had become indispensable, and
that the President could not do otherwise than
to recommend it to the consideration of Con-
press, lie was not at liberty to look on and
be silent, while dangers threatened the Union,
which existing laws were not competent, in his
judgment, to avert.

'Mr. President, I take this occasion to eay,
that I support this measure, as an independent
member of the Senate, in the discharge of the
dictates of my own conscience. I am no man s
leader ; and, on the other hand. I follow no lead,
but that of public duty, and the star of the con-
ititution. 1 believe the country ia in consider-

able danger ; I lielievc an unlawful coinbinntion
threatens the integrity of the I'nion. I iH'lieve
the crisis calls fur a mild. teiniK'vate, fi>rl<-ariii>.',
but inflexibly linn executinn of the laws. And,
tnidor this conviction. I give a lu-arty sujuiort
to the administration, in all measures which I
deem to be fair, just, and nwessary. And in
supporting these measures, 1 mean to take my
fair share of responsibility, to sup|M)rt them
frankly and fairly, without rellection;^ on tlio
past, and without mixing other topics in their
discussion.

'•Mr. President, I think I understand the
sentiment of the country on this subject. I
think public o])inion .sets with an irresistibio
force in favor of the I'nion. in favor of the
measures recommended by the President, and
against the new doctrines which threa'en the
dissolution of the Union. I think the people
of the United States demand of us, who are in-
trusted with the government, to maintain that
government ; to be just, and fear not ; to make
all and suitable provisions for the execution of
the laws, and to sustain the Union and the
constitution against whatsoever may endanger
them. For one, I obey this public voice ; I
comply with this demand of the people. I sup-
port the administration in measures which I
believe to be necessary ; and, while pursuing
this course, I look unhesitatingly, and with the
utmost conlidence, for the approljation of the
country.

The support which Air. Webster gave to all
the President's measures in relation to South
Carolina, and his exposure of the doctrine of
nullification, being the first to detect and de-
nounce that heresy, made him extremely obnox-
ious to Mr. Calhoun, and his friends ; and must
have been the main cause of his exclusion from
the confidence of Mr. Clay and Mr. Calhoun in
the concoction of their bill, called a compromise.
Ilis motives as well as his actions were attacked,
and he was accused of subserviency to the Presi-
dent for the sake of future favor. At the same
time all the support which he gave to these
measures was the regular result of the principles
which he laid down in his first speeches against
nullification in the debate with Mr, Ilayne, and
he could not have done less without being dere-
lict to his own principles then avowed. It was
a proud era in his life, supporting with tran-
scendent ability the cause of the constitution
and of the country, in the person of a chief
magistrate to whom he was politically oppo.sed
bursting the bonds of party at the call of duty,
and displaying a patriotism worthy of admira-
tion and imitation. General Jackson felt the
debt of gratitude and admiration wliirh he

'I'

I- 1 ..

334

THIRTi' YKARS' VIEW.

owed liim ; the country, witlioiit digtinction of
pnrty, felt the sainc ; and tlio universality of
tlic ffolin,^ was one of the frratcful instances of
popular applause and justice wlun preat talents
are scon exerting theniyelves for the good of
tlic country. He was the colossal figure on the
political stage during that eventful time ; and
liis labors, splendid in tlidr day, survive for the I
benefit of ,'stant posterity.

CHAPTER L XXXIV.

MR. CALHOUNS NULLIflCATION KES0LUTI0N9.

SiMnLTANEOUSLY witli the commencement of the
discussions on the South Carolina proceedings,
was the introduction in tho Senate of a set of
resolutions by Mr. Calhoun, entitled by him,
" Resolutions on the powers (if the government ; "
but all involving the doctri;ic of nullification ;
and the debate upon them de iving its point and
character from the discussion of that doctrine.
The following were the resolutions:

" Resolved, That the people of the several
States composing these United States are i'.nited
as parties to a constitutional compact, to which
the people of each State acceded as a separate
sovereign community, each binding itself by its
own particular ratification ; and that the Union,
of which the said compact is the bond, is a union
between the States ratifying the same.

^'■Resolved, That the people of the several
States, thus united by the constitutional com-
pact, in forming that instrument, and in creating
a general government to carry into effect the
objects for which they were formed, delegated
to that government, for that purpose, certain
definite powers, to be exercised jointly, reserving
v.t the same time, each State to itself, the residu-
ary mass of powers, to be exercised by its own
separate government; and that whenever the
general government assumes the exercise of
jiowers not delegated by ♦^iie compact, its acts
are unauthorized, and »re of no effect ; and that
the same government is not made the final
judge of the powers delegated to it, since that
would make its discretion, and not the constitu-
tion, the measure of its jjowers ; but that, as in
all other cases of compact among sovereign par-
ties, without any common judge, each has an
equal right to judge for itself, as well as of the
iiii'raction as of the mode and measure of redress.

" Resolved, That the assertions that the people
of tliese United States, taken collectivclj" as in-

dividuals, arc now. or over have hi>cn, imiti li on
the principle of the social compact, and as <ur]\
are now formed into one nation or people. ,,f
that they have ever been fo united in any one
stage of their political exictence ; that the iKople
of the several States compo.sing the Union have
not, as members thereof, retained their sf)vereiCT-
ty ; that the allegiance of their citizens has licti
transferred to the general povernmetit ; t)i; t
they have parted with the right of punishin;;
treason through their respective State govtrri^
ments ; and that they liave not the right of jiu^fr-
ing in the last resort as to the extent oif tlic
powers reserved, and. of consequence, of those
delegated ; are not only without foundation in
truth, but are contrary to the most certain ami
l)lain historical facts, and the clearest deductiuns
of reason ; and that all exercise of power on flif
part of the general governin t, or any v{ its
departments, claiming authority from so erro-
neous assumptions, must of necessity be uncon-
stitutional, must tend directly and inevitably t<i
subvert the sovereignty of the States, to destroy
the federal character of the Union, and to rcaV
on its ruins a consolidated government, without
constitutional check or limitation, and which
must necessarily terminate in the loss of liberty
itsell'."

'■."o which Mr. Grundy ofiered a counter ect,
as follows:

"1. Resolved, That by the constitution of the
United States, certain powers are delegated to
the general government, and those not delesi-
ted, or prohibited to the States, are reservtvl
to the States respectively, or to the people.

"2. Resolved, That one of the powers cxpres-;-
ly granted by the constitution to the genera!
government, and prohibited to the States, is
that of laying duties on imports.

"3. Resolved, That the power to lay imposts is
by the constitution wholly transferred from the
State authorities to the general government.
without any reservation of power or right on
the part of the State.

"4. A'esoij^ed, That the tariff laws of 1828
and 1832 are exercises of the constitntiona!
power possessed by the Congress of the United
States, whatever various opinions may exist as
to their policy and justice.

" 5. Resolved, That an attempt on the part of
a State to annul an act of Congress passed up-
on any subject exclusively confided by the con-
stitution to Congress, is an encroachment on the
rights of the general government.

'■ 6. Regolved, That attenspts to obstnict or
prevent the execution of '" ? several aets of Con-
gress imposing duties on imports, whether ly
ordinances of conventions or legislative enact-
ments, are not warranted by the constitutior,
and are dangerous to the political institutions of ^
the country."

It was in the discussion of these resolutions,

ANNO 1S:'.3. ANDREW ,' VCKSON, rr.E><ir)ENT.

3''>K.

id a counter set.

hcse resolutions,

jr.il tlic kiiiilred suhjecls of tlie "force bill" and I
(!,e "ri'vcntio collection hill," that Mr. Calhoun
jifjit puhlirly rci-cnlcd the soiirce from which '
\u- ohtaini'd the s-cniinal idea of nullification as
a roiiitdy in a povemuiaut. Thrt Virginia reso-
;i!tions of ''.l8-"JIt, were t!ie a«sunied i^ourco of
tiio power itself as applicahlc to our federal and
Stato povcminents; but the essential idcaof nul-
l.tication as a peaceful and lawful mode of arrest-
ii;;.' a measure of the general government by the
.iclii>n of one of the States, was derived from the
;•./() power of the tribunes of the people in the
Human government. 1 had often heard him talk
111' liiat tribiniilian power, and celebrate it as the
perfection of pood povcrnmcnt — as being for the
luneflt of the weaker part, and operating ncga-
tircly to prevent oppression, and not positively to
do injustice — but I never saw him carry that idea
iito a public speech but once, and that was on
the discussion of his resolutions of this sess'on;
for though actually delivered while the "force
Ull" was before the Senate, yet all his doctrinal
arp'iiment on that bill was the amplification of
his nullification resolutions. On that occasion
he traced the Roman tribunitian power, and con-
sidered it a cure for all the disorders to which
the Romaxi state had been subject, and the cause
to which all her subsequent greatness was to be
attributed. This remarkable speech was dc'.ivcr-
1(1 February 15th, 1833, and after depicting a
fovernmeut of the majority — a majority uncheck-
1(1 by a right in the minority of staying their
measures — to be unmitigated despotism, he then
I'rocecded to argue in favor of the excellence of the
ycU) r nd the secession power ; and thus deliver-
ed himself:

" lie might appeal to histoiy for the truth of
•Iiepc remarks, of which the Roman furnished
the most familiar and striking. It was a well-
known fact, that, from the expulsion of the Tar-
qiiins, to the time of the establishment of the
Irioimit'.an power the government fell into a
ftnle of the greatest disorder and distraction,
and, he might add, corruption. How did this
happen ? The explanation w^ill throw important
hght on the subject under consideration. The
eommunity was di"ided into two parts, the par
tricians and the plebeians, with the powers of
the state principally in the hands of the former,
witho-.t adequate check to protect the rights of
the latter. The result was us might be expected.
The patricians converted the powers of the go-
rernraent into the means of making money, to
ejirich themselves and their dependants. They,
in a word, had their American system, growing
out of the peculiar character of the government

and condition of the coimtrj'. This n^quires
e.xplanation. At (hat jHrioil. iiccordiiiji to the
laws of nations, when one nation miicincrcil rm-
other, the lamls of the \.iiinui>lu'd lnlunL'i'd to
the victors ; and, arcordinp to the Human law
the lands thus acquired wire divided into jiarlH.
one allotted to the [HKirer clacs of tlic people,
and the other assigned to the n.-e of the trea-
sury, of which the patricians had the djslribu-
tion and aihninistration. 'I'he patricians alius'd
their j)ower, by withholding from the ;Hople
that which ought to have been allottei'i to I'u'in,
i and by convtrting to their own use that whieli
{ ought to have pone to the treasury, lu a word,
; they took to themselves the entire spoils of vic-
tory, and they had tluis the most powerfid mo-
I tive to keep tlv( state perj^tually involved in
' war, to the utter imiwverishmeut and opjire^sion
of the people. After resisting tlie abuse of power,
i by all peaceable means, and the oppression lie-
\ coming intolerable, the people at last withdrew
from the citj' ; they, in a word, 'receded ; an<l,
' to induce them to reunite, the jiatricians con-
i ceded to the plebeians, as the means of proter-t-
1 ing their separate interes^"^ thevery powerwhieh
I he contended is neces.«arj lo protect the rights
i of the States, but which is now represented as
j neces.'-arily leading to disunion. They granted
I to the people the right of choosing three tri-
bunes from among themselves, whose persons
should bo sacred, and who should have the
right of interposing their veto, not only against
the passage of laws, but even against tlieir extv
cution ; a power which those who take a shal-
I low insight into human nature would pronounce
I inconsistent with the strength and unity of tlie
state, if not utterly impracticable. Yet, so far
I from that being the etl'ect, from that day tlio
1 genius of Rome became ascendant, and victory
''billowed her steps till she had established an
i utmost universal dominion.
1 "IIow can a result so contrary to !ill antici-
' pation be explained 1 The explanation appear-
1 ed to him to be simple. No measure or move-
] mcnt could be adopted vrithout the concnri'ing
consent of both the patricians and plebeians,
' and each thus became dependent on the other,
' and, of consequence, the desii-e and objects of
neither could be effected without the concur-
' rcnce of the other. To obtain this concurrence,
each was compelled to consult the pood will vt
: the other, ami to elevate to oflice not simply
those who might have the confidence of the or-
der to which he belonged, but also that of the
other. The result was, that men possessing
those qualities which would naturally conmiand
i confidence, moderation, wisdom, justice, and pa-
I triotism, were elevated to office ; and these, by
■ the weight of their authority and the pnidcnce
of their counsel, together wth that spirit of
unanimity necessarily resulting from the con-
curring assent of the two onlers, furnishes tlio
real explanation of the power of the Roman
state, and of that extraordinary wisdom mode-
ration, and firmness, which in so retuur!\iible a

'fk^^

33G

TIllUTV YKAltS' VIICW.

"f !

(l(%'rcc clmni' II rizwl Ikt imMic men. He iiiiclit
illiistrntr lli> triiili (if ttit' positinii wliich In- liiul
laid lidwii. Ii> a rc'd'n'iicL' to the liistory of nil
fri'U slates, iiicicnt and inodcni, di>tiiif;niHlH'd
for llii'ii' piiwcr nnd ))iitriotisin ; and concliisivi-
ly show nut only t'lat Ihiie wiis not one which
hull not sonic contrivimce, under some form, }>y
wliicti the <'.ncurrinn ns.«ent of tlie dillerent
jiortions of ilie eoniiinniity wiw niaile necessaf y
in the aeti"; of novernniont, hut also tliiit tlii'
virt'ie, jiiiti i'lisni, and strength of the Btat
Mei' in direct proportion to tin? stren/.h of th
means ol' seciirin^; snch Rssent. In !.>timiUinj-
the operation of this pnaci")'- in om system,
wliich (lei)eniH. as he had pi.ited, on t!.> ripht
of interposition 'O the pari, I't' the 8ta!i\ 've
must not omit i( take intij t :vnsideration the
ninendinf; i)ov ;.r, \>y which new jwwers may be
granted, or .luy deranpement of the :•'. -tern 1
corrected, by the '■' ucurrinp .■i.>,'fnt of thioe-
i'ourtlN of tiie iStates ; and tlum, in (he suine
d"<?rte, strenntheninn; the power of lepu.ring
any derangement occasioned Ly tlie (.xeciUive
fiction of a Stnte. in fact, the power of inti."-
p^i'iition, fiiirlv understood, may be considered
In tlie ligln «4'an appeal against the usurpations
( f the geu'jral government^ the joint agent oi all
<M-i States, in the States themselves, to !)<• de-
cided, undtr the amending power, affirmatively,
in favor of the government, by the voici; of
three-fourihs of the States, as the highest power
known under the .system.

" Mr. C. said that he knew the difficult}', in
our country, of establishing the truth of the
jirinciple for which he contended, though rest-
ing upon the clearest reason, and tested by the
universal experience of free nations. He knew
that the governments of the several States would
be cited as an argument against the conclusion
to which he had arrived, and which, for the
most part, were constructed on the principle of
the absolute majority ; but, in his opinion, a
satisfactory answer could be given ; that the
objects of expenditure which fell within the
sphere of a State government were few and in-
considerable ; 60 that, bo their action ever so
irregular, it could occasion but little derange-
ment. If, instead of being members of this
great confederacy, they formed distinct commu-
nities, and were compelled to raise armies, and
incur other expenses neces.sary for their defence,
the laws which he had laid down as necessarily
controlling the action of a State, where the will
of an absolute and unchecked majority prevailed,
would speedily disclose themselves in faction,
anarchy, and corruption. Even as the ciise is,
the operation of the causes to which he had re-
ferred were perceptible in some of the larger
and more populous members of the Union, who.se
governments had a powerful central action, and
which already showed a strong tendency to that
moneyed action which is the invariable forerun-
ner of corruption and convulsions.

" lint to return to the general government ;
we have now sufficient experience to ascertain

that the tendency to conflict in this artion ii
U'tween Southern and other sections, 'flic |,,,.
ter. liaving u decided majority. nuLst haliitmillv
be pos.sessed of the jiowers of the gov(rnniii,'r
Iwith in this and in the other House; and, l«ii|i
governed l»v tliat instinctive love of |h)\\( r s.,
iraiiai 111 t!,./ human breast, they must htriiiiic
ilie iulvt-^att- ufthi ; ower of government, anl
in <ha F.a7iic iligree i ] jioscd to the limitatii.ns-
v^h ''. the othiT and vm ;iker section is as n(ii>'
simiy -hrowii on tSi- > ■'<> of the limitations. In
ore wwi'i, M)f jnc *. iii m is the natural guar-
iisn ■/. the .le.^gtttii ( ..vver.s, and the other i,;'
1 he reserved; and tin :^=truggle on the side i,i
".;D former will be to enlarge the powers, wliilt;
tliat on the oj.posite siife will be to rustrain
them within their consUtutional limits. Tlio
copvr'st will, in fn^t, Jit ^ contest between powir
and Hbert^ , iiii4 ach h'^ con.sidered the priseiit ;
!i. contest m wiiiiiii the weaker .section, with its
pori)lir.r '..-•lov, paductions, and situation, liasnt
stake all 1,1 1 can iit dear to freemen. ShouM
the;' be able to niai.itain in their full vigor their
ie.seived rights, liberty and prosperity will bu
their portion ; but if they yield, and permit the
stronger interest to consolidate within itself nil
the powers of the povernment, then will its fate
be more wretched than that of the aborigines
whom they have expelled, or of their shivts.
In this great struggle between the delegated ami
reserved powers, so far from repining that his lot
and that of those whom he represented isca.stnn
the side of the latter, he rejoiced that such is tho
fact ; for though we participate in but few of
tho advantages of the govcrmnent, we are com-
pensated, and more than compensated, in not
being so much exposed to its corruption. Nor
did he repine that the duty, so diHicult to be
discharged, as the defence of the reserved powers
against, apparently, such fearful odds, had been
assigned to them. To discharge successfully
this high duty requires the highest qualities,
moral and intellectual ; and, should you perforii;
it with a zeal and ability in proportion to its
magnitude, instead of being mere jjlanters, out
section will become distinguished for its patriots
and statesmen. But, on tho other hand, if \re
prove unworthy of this high destiny, if we yield
to the steady encroachment of power, the se-
verest and most debasing calamity and corrup-
tion will overspread the land. Every Southern
man, true to the interests of his section, ami
faitliful to the duties which Providence has
allotted him, will be for ever excluded fiom the
'honors and emoluments of this government,
which will be reserved for those only who have
qualified themselves, by political prostitution,
for admission into the Magdalen Asylum."

In this extract from that remarkable speech,
the first one in which Mr. Calhoun defended
nullification and secession in the Sentite, and in
which every word bears the impress of intense
thought, there is distinctly to be seen his opin-

ANNO 15.33. ANDKKW JA< KsnN. I'UI>II>KNT.

3.17

;ii of the lU ficts of oiir iliipiicato fonn of po-
uniinL'iit (State and ftvlcral), and of thu rcmiily
f,r tliose difctts. I say, in our form of jroveni-
lutut; for Ins .«[K.'i.ch had a practical applicatiuu
ic ourselves, and was a defence, or jnstitiratior
, ftheactna! measures of the State he leprcsented.
And this defect was, //id ititchtckiJ uiilhorily
fa major il 1/ ; and the remedy \\a.^, un nu-
ilwi'ilij ill- the tiiinorilij to check that mnjoritij,
ami Id scciile. This clearly was an absolute
ciiivlemnation of the fundamenta. [ rinciple upon
ffliich tho iidministration of the federal consti-
iiition. and ot ihc State constitutions rested.
Hut he did not limit himself to the benefits of
the veto and of secession, as shown in Koman
history ; he had recourse to the Jewish for the
same purpose — and found it — not in a fe/o in
each of the twelve tribes, but in tho right of
secession ; and found it, not in the minoritj', but
the majority, in the reign of Jeroboam, when
ten tribes seceded. That example is thus intro-
duced : ■

" Among the few exceptions in the Asiatic
nations, the government of the twelve tribes of
Israel, in its early period, was the most striking.
Their government, at first, was a mere confedera-
tion, without any central power, till a military
chieftain, with the title of king, was placed at
its head, without, however, merging the original
organization of the twelve distinct tribes. This
was tho commencement of that central action
among that peculiar people, which, in three
generations, terminated in a permanent division
of their tribes. It is impossible even for a care-
less reader to peruse the history of that event
without being forcibly struck with the analc^
ill the causes which led to their separation, and
tiiose which now threaten us with a similar
calamity. AVith tho establishment of the central
power in the king commenced a system of tax-
ation, which, under king Solomon, was greatly
increased, to defray the expense of rearing the
temple, of enlarging and embellishing Jerusalem,
the seat of the central government, and the other
profuse expenditures of his magnificent reign,
increased taxation was followed by its natural
consequences^-discontent and complaint, which
before his death began to excite resistance. On
the succession of his son, Kehoboam, the ten
tribes, headed by Jeroboam, demanded a re-
duction of the taxes ; the temple being finished,
and the embellishment of Jerusalem completed,
and tho money which had been raised for that
purpose being no longer required, or, in other
words, the debt being paid, they demanded a
reduction of tho duties — a repeal of the tariff.
Tlie demand was taken under consideration, and,
ifter consulting the old men (tho counsellors of
'98), who advised a reduction, he then took the

Vol. I.— 22

opinion of thi' younfT jiolitiriano, who had sinrc
frrown up, iiiid knew imt the dix-trinc-i of their
t'atluTS. lie hearkened unto their coun-'cl, and
rcfu-^ed to make tin- rcdiietinn ; and the scce-^sinii
of the ten tribes, iindcr ilero))(>nni. liilli)'.\c<i.
The tribes of Jiiiiih r.r.d liiiijuiuin, winch had
received the disburx'iiientii, iiloiie remained to
the house of David."

This example also had a practical application,
and a scjuint at the Virginia resolutions of '98-
"J9, and at the military chieftain then at the
head of oiir government, with a broad intimation
of what was to happen if the taxes were not
reduced ; and that hapiK.'ncd toljo seci union. And
all this, and the elaborate speech from which it
is taken, and many others of the same ehuracter
at the same time, was delivered at a time when
the elections had decided for a reduction of tho
taxes — when a bill in tho House was under con-
sideration for that purpose — and when his own
" compromise " bill was in a state of concoction,
and advanced to a stage to assure its fiu'il pass-
ing. Strong must have been Mr. Calhoun's
desire for his favorite remedy, when ho could
contend for it under such circumstances — under
circumstances which showed that it could not
be wanted for the purpose which he then avowe«l.
Satisfied of the excellence, and even necessity in
our system, of this remedy, the next question
was to create it, or to find it ; create it, by an
amendment to tho constitution ; or find it already
existing there ; and this latter was done by a
new reading of the famous Virginia resolutions
of '98-'99. The right in any State to arrest an
act of Congress, and to stay it until thix'o fourths
of the States ordered it to proceed, and with a
right forcibly to resist if any attempt was made
in the mean time to enforce it, with the correla-
tive right of secession and permanent separation,
were all found by him in these resolutions — the
third especiallj', which was read, and commented
upon for the purpose. Mr. Rives, of Virginia,
repulsed that interpretation of the act of his
State, and showed that an appeal to public opin-
ion was all that was intended ; and quoted the
message of Governor Monroe to show that tho
judgment of the federal court, under one of tho
acts declared to be unconstitutional, was carried
mto effect in the capital of Virginia with the
order and tranquillity of any other judgment.
He said :

"But, sir, the proceedings of mv State, on
another occasion of far higher importance, have

' \ 'C

3.",.'

TMIKTV YKAKS- \IK\\'.

iM'cn hn fiTqiictitly rcfiTri'cl t". in the roiirsc of
tlii.-t (Ic'hiitf, as III! i'yiiiii|ik' t<> Justify llic present
jirorcciliiiy^^ of Sdiitii ("urnlina. that I nmy hv
f\(Misi'(i fir Hiiyiii;< hoinctliiiitr of tliein. W))at,
tlit;n, wim till! (■(itiijiict of Virginia, in the nie-
iiioriihle I'm of ".'M un<l ".*'.» ? She Holenmly pro-
tt'hted apiiiisl the alien nnit sedition a<'ts. as 'pal-
pable and ulanninK infrnctioim of tlic constitu-
tion;' Hhc coniinunicnted that protest to tJie
other States of the I'nion, and earnestly apjiealed
to them to unite with her in a like declaration,
that this <kdil)erate and solemn expression of the
opinion of the States, as parties to the constiti>
lionai comjjact, should have its proper effect on
the councils of the nation, in prcx-urinp; a revi-
sion and repeal of the obnoxious acts. This
was 'the head and front of heroflending' — no
more. The whole object of the proceedings was.
by the peaceful force of public opinion, cmbodieci
through the organ of the State legislatures, to
obtain a repeal of the laws in question, not to
oppose or arrest their execution, while they re-
mained unrepealed. That this was the true
spirit and real purpose of the proceeding, is
abundantly manifested by the whole of the able
debate which took place in the legislature of the
State, on the occasion. All the speakers, who
advocated the resolutions which were finally
adopted, distinctly placed them on that legiti-
mate, constitutional ground. I need only refer
to the emphatic dcclaratio.i of John Taylor, of
Caroline, the distinguished mover and able
champion of the resolutions. He said ' the ap-
peal was to public opinion ; if that is against
us, we must yield.' The some sentiment was
avowed and maintained by every friend of the
resolutions, throughout the debate.

"But, sir, the real intentions and policy of
Virginia were proved, not by declarations and
speeches merely, but by facts. If there ever
was a law odious to a whole people, by its
daring violation of tiie fundamental guaranties
of public liberty, the freedom of speech and free-
dom of the press, it \v as the sedition law to the
people of Virginia. Yet, amid all this indignant
dissatisfaction, after the solemn protest of the
legislature, in '98, and the renewal of that pro-
test, in '99, this most odious and arbitrary law
was peaceably carried into execution, in the
capital of the State, by the prosecution and pun-
ishment of Gallendcr, who was fined and im-
prisoned for daring to canvass the conduct of
our public men (as Lyon and Cooper had been
elsewhere), and was still actually imprisoned,
when the legislature assembled, in December,
1800. Notwithstanding the excited sensibility
of the public mind, no popular tumult, no legis-
lative interference, disturbed, in any manner, the
full and peaceable execution of the law. The
Senate will excuse me, I trust, for calling their
attention to a most forcible commentary on the
true character of the Virginia proceedings of '98
and '99 (as illustrated in this transaction), which
was contained in the official communication of
Mr. Monroe, then Governor of the State, to the

I legiMlature, nt its nssembling, in ncoember. iHuo,

I After referring to the (listribution which haij

I lieen onleied to Iw ma<le among the |Koplf, ot

I -Mr. Madifon's celcl)rated report, of ".»'.i, he n.ivh

! ' In connection with this subject, it is pro|p<r to

add, that, since your last session, the seditidn

law, one of the acts complained of, ha.H Ixtii rnr-

ried into «'frect, in this commonwealth, by the

derision of a federal court. I notice this event.

not with a view of censuring or criticising it|

The transaction has pone to the worUl, and ilm

impartial will judge of it as it deserves. I n,,.

tice it for the purpose of remarking that the

decision was t?xecuted with the same order and

tranquil submission, on the part of the peojile,

11= could have been shown by them, on a similar

occasion, to any the most necessary, const itu-

tional, and popular acts of the government.' "

Mr. Webster, in denying the dcrlvatidn of nul-
lification and secession from the constitutio.i,
said:

"The constitution does not provide for events
which must be pnccded by its own destruction,
Secession, therefore, since it must bring these
consequences with it, is revolutionary. And
nullification is equally revolutionary. What is
revolution ? Why, sir, that is revolution which
overturns, or controls, or successfully resists the
existing public authority ; that which arrests
the exercise of the supreme power ; that which
introduces a new paramount authority into the
rule of the state. Now, sir, this is the precise
object of nullification. It attempts to supersede
the supreme legislative authority. It arrests
the arm of the Executive Magistrate. It inter-
rupts the exercise of the accustomed judicial
power. Under the name of an ordinance, it de-
clares null and void, within the State, all the
revenue laws of the United States. Is not this
j-evolutionary ? Sir, so soon as this ordinance
"iivll be carried into eflect, a revolution will have
commenced in South Carolina. She will have
thrown off the authority to which her citizens
have, heretofore, been subject. She will have
declared her own opinions and her own will to
be above the laws, and above the power of those
who are intrusted with their administration.
If she makes good these declarations, she is re-
volutionized. As to her, it is as distinctly a
change of the supreme power as the American
Revolution, of 1 776. That revolution did not
subvert government, in all its forms. It did not
subvert local laws and municipal administra-
tions. It only threw off the dominion of a power
claiming to be superior, and to have a right, in
many important respects, to exorcise legislative
authority. Thinking this authority to have
been usurped or abused, the American colonies,
now the United States, bade it defiance, ami
freed themselves from itj by means of a revolu-
tion. But that revolution left them with their
own municipal laws still, and the forms of local
government If Carolina now shall ctfectuali;

I i

AXXO ISan. ANDUEW J.\r'K-ON. I'ltr.siniTNT.

339

re.ist thr 1hw<j of Conprrf? — if fhc chnll ho her '
iwn jii'luc, lako liiT niiiiily into hiTuwii liumls,
,,l)cy tti'.' laws (if the I iii'iu wlii'ii hhe iiU'u.-'i'S. !
»ii(l (lifioliey tlu'in wlirn she jili'iiscs — Aw will i
filifve hiT8('lf from u |iiir;iii)<iurit imiwit, ax ilis- i
tinitly as rlid tlii' Aintriciiii (•oloiiif:*, in 17"<''. |
In (ith<T wordji, shi' will achieve, on to herBi'lf, a
revolution."

Tlie speaker then i>ro<ecdcfl to show what
niiilillcation waa, as reiluced to prnotice in tlic
oriliiianco, and other procwdinp^^ i .South Caro-
lina ; suid said :

"But, sir, while practical ntdliflcntion in
Smith Carolina wotdd '-<e, as to herself, actual
and distinct revohitioii, its necessary tendency
must also be to spread revolution, and to break
ii{i the constitution, as to all tho other .States.
I strikes a deadly blow at the vital principle of
ilif whole Union. To allow State resistance to
the laws of Congress to Ikj rightful and proper,
'0 admit nullification in sonic States, and yet
not expect to sec a dismemberment of the en-
tire government, appears to me the wildest illu-
fiun and the most extravagant folly. The gen-
il.man seems not conscious of the direction or
the rapidity of his own course. The current of
his opinions sweeps him along, he knows not
whither. To begin with niUlification, with the
avowed intent, nevertheless, not to proceed to
ficcssion, dismemberment, and general revolu-
tion, is as if one were to take the phmge of
Niagara, and cry out that he would stop half-
wiiy down. In the one case, as in the other,
the rash adventurer must go to the bottom of
the dark abyss below, were it not that that
abyss has no discovered bottom.

'" Nullification, if successful, arrests the power
of the law, absolves citizens from their duty,
subverts the foundation both of protection ana
obedience, dispenses with oaths and obligations
of allegiance, and elevates another authority to
supreme command. Is not this revolution ?
And it raises to supremo command four-and-
twenty distinct powers, each professing to be
under a general government, and yet each set-
ting its laws at defiance at pleasure. Is not
this anarchy, as well as revolution 1 Sir, the
ounstitution of the United States was received
a-: a whole, and for the w^hole country. If it
amnot stand altogether, it cannot stand in
piirts ; and, if the laws cannot be executed
every where, they cannot long be executed any
where. The gentleman very well knows that
all duties and imposts must be uniform through-
out the country. He knows that we cannot
have one rule or one law for South Carolina,
and another for other States. He must see,
therefore, and does see — every man sees — that
the only alteraative is a repeal of the laws
throughout the whole Union, or their execution
in Carolina as well as elsowhere. And this re-
peal is demanded, because a single State inter-
poses her veto, and threatens resistance ! The

restilt of the jrrntlrmnn's opinions, or mthrr tho
very text of hi.* d<N-trini'. in. that im net "•t"('i.ii-
grisscan bind all the Stales, llic rnnhtitiiliuiial:-
ty (if wliirli is lint adinilltd by all ; or, in otli' r
words, that no siiiL'lc Slate is Imnnd, ajrainst its
own dissent, by ii law of imposts. This was
precisely the evil ex|ietifnc"<l under the old
ciiiifedenition. aii'l for ri'ineily of which this
constitution was adopted. The leading ohject
in establishing this goveriinieiit. an object funed
on the country by the ciinditinn of the tintes,
and the absolute neci-ssity of the law. wus to
give to Congress jMiwtr to lay and collect im-
posts without the consent of particvdar States.
The revolutionary debt remained unpaid ; the
national tii'asnry was bankrupt ; the c<iuntry
was destitute of credit ; Conirrcss issued its
requisitions on the .States, and the States neg-
lected them ; there was no power cf coercion
but war; Congress could not lay imposts, or
other taxes, by its own authority ; the whole
general government, then-fore, wus little more
than a name. The articles of confederation, as
to purposes of revenue and finance, were nearly
a dead letter. The country soiiglit to escape
from this condition, at once feeble and disgrace-
ful, by constituting a government which shoidd
have power of itself to lay duties and taxes, and
to pay the public debt, and provide for the gen-
eral welfare ; and to lay these duties and taxes
in all the States, without asking the consent
of the State goverments. This was the very
power on which the new constitution was to de-
pend for all its ability to do good ; and, without
it, it can lie no government, now or at any time.
Yet, sir, it is precisely against this power, so
absolutely indispensable to the very Ixing cif
the government, that South Carolina directs her
ordinance. She attacks the government in its
authority to raise revenue, the very mainspring
of the whole system ; and, if she succeed, every
movement of that system nmst inevitably cease.
It is of no avail that she declares that she does
not resist the law as a reventio law, but as a
law for protecting manufactures. It is a reve-
nue law ; it is the very law by force of which
the revenue is collected ; if it be arrested in any
State, the revenue ceases in that State ; it is, in
a word, the sole reliance of the government for
the means of maintaining itself and perlbrming
its duties."

Mr. Webster condensed into four bWef and
pointed propositions his opinion of the nature
of our federal government, as being a Union
in contradistinction to a League, and as acting
upon INDIVIDUALS in contradistinction to States,
and 08 being, in these features discriminated
from the old confederation.

" 1. That the constitution of the United States
is not a league, confederacy, or compact, between
the people of the several States in their .sove-
reign capacities ; but a government proper,

fr;

';;:-

%(m :^

■ -ft.' 'i,

340

limiTY VKAIW VIKW.

1,.*

fiiiiidrd on thv mlojitiiin nf the |¥'nj)Ic, nml
« r>'!iiiii'/ ilirvct rcliiticiiiH ln'twci'ii it^iH' iiii'l in-
(li\iiliiitl^.

' L'. '1 liJi( j!ii Stuff niitliority hft« iH)\vor toilix-
^lll\^ (lifric rcliiti)>iis ; that iintlmi:: ciiri fli.s-inlvi'
tiii'in liiit ri'voliitiiiii ; an<l tliat, i-i>iiHi'i|iit'iill,v,
tliiTi' Clin U) uu ttucli thing ua KeiTi<«iiiii without

"'•i. 'I'hat then- iw a i>iij(reim' hiw. cmisistinn
111' thf ctiiiNtitiitloii of the rniU'ii .StatfH, act- "I'
('oiipieHH |i,'kHsi-(| in piirsiiaiico of it, and tri'Ji-
iK'H ; anil thnt, in cases not cinmhle (»f assuniinfr
tht; character (f u suit in hiw or erpiity, Con-
(cress nniHt ju<l<ro of, uiul iinaily interpret, thin
supreme law, ho often a« it has occasion to pasH
acts of le^'isl.-ition ; and, in (Nises capable of as-
suniinj;, un<l actually assuinin^r, the character of
a suit, the Suj)renu' <'(iurt of tho United Stotcs
!•< the tinal interpreter.

'■4. 'I'hat un attempt hy a State to abrogate,
annid, or nullify on act of Conjiress, or to arrest
its (>]ieration within Iut limits, on the ground
that, in hT opinion, such law is unconstitu-
tional, is a direct usurpation on the just powers
of the jreneral povcrnment, and on the eijual
ri;i;hts of other States ; u plain violation of the
constitution, and a proceeding essentially revo-
lui unary in its character and tendency."

Mr. Webster concluded his speech, an elabo-
rate and able one, in which he api)eared in the
hi}ih character of patriot still more than that of
orator, in which he intimated that some other
ciusc, besides tho alleged one, must be at the
bottom of this desire for secession. He was
explicit that tho world could hardly believe in
such a reason, and that we ourselves who hear
and see all that is said and done, could not be-
lieve it. lie concluded thus :

" Sir, the world will scarcely believe that this
whole controversy, and all the desperate mea-
8«ies which its support requires, have no other
foundation than a dillerence of opinion, upon a
l)rovision of the constitution, between a majori-
ty of the people of South Carolina, on one side,
and a vast majority of tho whole people of the
United States on the other. It will not credit
the fact, it will not admit the possibihty, that,
in an enlightened age, in a free, popular repub-
lic, under a government where tho people gov-
ern, as they must always govern, under such
systems, by majorities, at a time of unprece-
dented happiness, ithout practical oppression,
without evils, such as may not only be pretend-
ed, but felt and experienced ; evils not slight or
temporary, but deep, permanent, and intolera-
ble ; a single State should rush iuto conflict
with all the rest, attempt to pu; down the
power of the Union by her own laws, and to
support those laws by her military power, and
thus break up and destroy the world's last
hope. And well the world may be incredulous.

We, who hrnr aiwl we it. ran otirMWen harll)
yet iM'lieve it. Kven aft* rail that had pr<i..|'.
ed it, fhi.s ordinance >.tnick the coiuitry vi i,
nniazemiiit. It whm incre<iililo and inconri'i\.,
Iile. that South Carolina should thutt pluiiL'^.
heaillong into lesistance to the liiws, on ti n^,,).
ter of opinion, and on a <|Mesti<iii in which \i„.
pn'|(onderance of opinion, both of the prtHnt
day and of all pa.'^t time. wa.s so ovcrwluliiiin-:.
ly against her. The ordinance dtclares tlmt
C'ongresH has exceeded its just jiower, by iiiyirn,'
duties on iinpr)rts, intended for the piotecli.,;,
of manufactures. This is tho opinion of Smith
Carolina ; ami on the strength of tlmt o|)iiii„ii
she nullities tin; laws, 'i'et has tht,- rest of the
country no right to its opinion,-* also ( |,^ one
Stales to sit sole arbitress i She maintains that
tho.so laws are plain, deliberate, and piiliiaM,
violations of the constitution ; that she 1ms ;,
.sovereign right to decide this matter ; and. tluii,
having so decided, she i.s authorized to rc-.'.
their execution, by her own sovereign powtr;
and she declares that .she w ill resist it, tlioiii:!)
such resistance should shatter the Union .jiio
atoms."

Mr. Davis, of Mas.sachusetts, had been ftill
more explicit, in tho exinession of tho leiitf
already given (in tho extract from his spmli
contained in this work), that the discontent in
South Carolina had a root deeper than that ot'
tho tariff; and General Jackson intimated ihi'
same thing in his message to the two Ilout^cs on
the South Carolina ]iroceedings, and in wliicli
he alluded to the ambitious and personal feelings
which might be involved in them. Certainly it
was absolutely incomprehensible that this doc-
trine of nullification and secession, prefigured in
the Roman accession to the sacred mount, and
tho Jewish disruption of the twelve tribes, shoulj
bo thus enforced, and impressed, for that cau.'ie
of tho tariff alone ; when, to say nothing of the
intention of the President, tho Congress and tlie
country to reduce it, Mr. Calhoun himself had
provided for its reduction, satisfactorily to him-
self, in the act called a " compromise ; " to which
ho was a full contracting party. It was impos-
sible to believe in the soleness of that reason, in
tho presence of circumstances which annulled it ;
and Mr. Calhoun himself, in a part of his spcccii
which had been quoted, seemed to reveal s
glimpse of two others — slavery, about which
there was at that time no agitation — and the
prtsidency, to which patriotic Southern men
could not be elected. Tho glimpse exhibited of
the first of these causes, was in this scnteuce ;
" T/ie contest (between the North and the
South) will, in fact, be a contest between power

ANNO 1838. AM>KEW JArK.SON', PRf^IPFNT.

341

'ery, about which

ujiil lif>erlij, II lid mtch roniiiilfreit the ]>ri- j
tent; a content in irhn 'i the vriikir Hirlion,
I, (7A iln pKuUar lalmr. proiluctitniH iinii m'tii-
iilimi, lum lit ttnkf nil that imliiir to fn'nnrii."'
lliTO in a (lii>tinct dcclnration llint thore was j
tht'M a conti'st liotwwn \hv two sirtioii. <>f the
Iiiion, nnd tli!»t llmt conli'st A'asbclwcvii [lowcr
and liUrty, in wliich the fr-ecfloin niid tiic slave
[imiitTty of till.' Sotitii wvTii nt ntnitc. 'i'his «li'- \
, l;ir.itioii at tlio time nttrnrttd Imt littk' nttcn- '
tiiin, tluTo beiii^ then im sijrn of ,:» f^iiivcry !
;i;;it;iti<iti ; but to close otwcrvcrs it was nn '
niiiiiioua revelation of soiiiotiiiu^ to couu', and an i
apiiarent Inyinp; on anchni to windward for n
luw notation on a \v;\y sn'ijort, after tho tariff
«iu! done with. The Hccond intinmlion whidi
lie pavo out, an<l wliich r'jfi'rrifl to the exdusion
of tlie patriotic men of the isoiuh from the presi-
dency was in thia sunccncc: '^ Ecenj iioutherii
i'.an,trneto t/ie interests of kin section, and
thilliful to the duties irhic/i Providence Ivm
allotted him, wilt be forever excluded from the
honors and emoluments of this gnvernmeut,
vhich will be reserved for those onlij who have
jHulifed themselves, by political prostitution,
fir admission into the Mitgdnlen asylum."
This was bitter ; pnd while revealinj» his own
falinss at the pros[iect of his own failure for
the presidency (which from the brifrhtncsa of
t!ic noon-day sun was dimning down to the
olt5curity of dark night), was, at the same time,
iiujust, and contradicted by all history, previous
arid subsequent, of our national elections ; ond
by his own history in connection with them.
The North had supported Southern men for
President — a long succession of them — and even
twice concurred in dropping a Northern Presi-
dent at the end of a single term, and taking a
Southern in 'lis place IIo himself had had
fignal proofs of good will from the North in his
tAco elections to the vice-presidency ; in which
he had been better supported in the North than
in the South, getting the whole party vote in
'he former while losing part of it in the latter.
It was evident then, that the protective tariff
was not the sole, or the main cause of the South
Carolina discontent ; that nullification and scces-
fiion were to continue, though their ostensible
cause ceased ; that resistance was to continue on
a new ground, upon the same principle, until a
new and impossible point wa.<» attained. This
ivas declared by Mr. Calhoun in his place, on the

day of the pasMp- of the '* rompromiw '* bMl.
and on hmrinp th;»t ibo " forrp hill " had flimlly
passed the I Imim- of l:('prcs«'ntiitivcH. lie then
.stiHxl ii|i, and .•]M)kL' tliiirt;

" llt> had f>aid, timt as far as this subject wua
coiicinii'tl. he bclii'Vfil that I't'cc and tini'tiiotiy
woiiMf'ollow. Itut tlii'r<> \* aiiotlirr i'oiin»'('t<'l
with it. wliii'h had pa-'st'd tills limio'. ninl wliiili
hai|Jii«i Ikth ivportfilas h.ivini:|mssi'd tln'oiljiT,
wliich would pri'Vi'iit tlie rt'luiii of (|iiii't. He
cou>ii(ii'ri'(l ilu' iiica-ure to which ho rflcni'd ns
a virtual rv\w\\ of the c(iii<titution ; and. in liut.
worHc than a positive and din<'t repeal ; as it
woidd leave tlie majority without any ciiaekh •*
on its power, while the niiiiiiiity, hoping' toshcl-
t'.'r it.'^elf under its protection, ami liavini: still
s.»nie respect left for the instrument, woiiM he
trammelled without iK'iitg profeete<l by its pro-
vi.-ioiis. It would be idle to attempt to di^^;ui^e
that the bill will be a practical assertiim of one
theory of the constitution against another — tli'i
theory advocated by the supporters of the bill,
that ours is a consolidated governiiient. in wliii ti
the .States liave no rights, and in which, in fact,
they bear the same relation to the wt cile com-
munity as tlie counties do to the States ; and
against that view of the constitution which con-
siders it as a compact foruied by the States a.*)
separate comnumitie.s, and binditig between the
StaUiS, and not between the individual citiz "'s.
No man of candor, who admitted that onr con-
stitution is a compact, and was formed and is
binding in the nuinner he had just stated, but
must acknowledge that this bill utterly over-
throws and prostrates the constitution 5 and
that it leaves the government under the contrd
of the will of an absolute majority.

" If the measure be acquiescetl in, it will be
the termination of that long controversy which
began in the convention, and which has Lien
continued under various fortunes until the pre-
sent day. But it ought not — it will not — it
cannot be acquiesced in — unless the South is
dead to the sense of her liberty, and blind to
those dangers which surround and menace them 5
she never will cease resistance until the act is
("•asnd from the statute book. To suppose tlui'.
'ii'j r Titire power of the Union may be placed in
the iur.ls of this government, atid that all the
vm ;wus interests in this widely extended country
r;i ly be safely placed under the will of an un-
checked majority, is the extreme of folly and
madness. The result would be inevitable, that
power would be exclusively centered in the
dominant interest north of this river, and that
all the south of it would be held as subjected
provinces, to be controlled for the exclusive
benefit of the stronger section. Such a state of
things could not endure ; and the constitution
and liberty of the country would fall in the con-
test, if permitted to continue.

" He trusted that that would not be the case,
but that the advocates of liberty every where,

; i ^"'^

! J,"

, 1'

■I*

«■ '

'M-2

IlllUiV YKAItV vii:w.

u* Mfll III ilif Niirlli If ill III!' ><>iiili ; thnt th'>«o
wlio tiiMiiitiiiiit'il till- ilociriiii'H iif ''.'H, anil thi-
(iKVi'ii'ijriitii't of till' Sliilf-; that tlu* ri'imliliciiti
piirtv tlinMi(.'li()iit Ihci'iiiintn' wnnlcl rHilynpiiiist
till-* iktl<'iii|it to ('<lu)iliHli, l>y litw, (l<i<'triii('N wliicli
iiiiiHt Hiilivcrt tilt! |iriii('i|ilrM (III wliii'li tiw iiihli-
liitiiiiis c'uuld Ik- iiiiiintuiiii'il."

Ilcrt' wnH a ncwilcjmrturi'. iiimhi a now point.
i\i* violi-nt iiH till' fonncr i'oiii|i!iiint. lookin;; to
tlio Name rcinuiiy, nml unfuunded ami iin{H>.4.sibli>.
This force hill, wliicli wbh a ri'|M'iil of tlio ron-
Hliiiitioti, in tho vycs of Mr. (-'HJlioiin, wns u
mere revival of formerly exisi inn stntutcn, and
could liave no operation, if resistance to the tarilF
laws ceased. Yet, nulliflcii 'on and KeceHsion
were to proceed until it was erased from th.i
sfat>ite book J and all tlic morbid viewH of the
cont*titiition, and of the Vir;;inia resolutions of
'08 and ".)'.), were to hold their jilaees in Mr. Cal-
lioun'.-i ima(;ination, and doniinnte lii^ conduct in
all Ills political action, imtii thi:^ statute was
erasicd. IJut it is duo to many of hi.s friendu
and followers, to say that, while concurrinf:f in
his complaints afrainst the federal povernment,
and ill his remedies, they dissonteil from his
source of derivation of these remedies, lie
foifl them in the con'^titution, shown to be
there by the '!)8-'y9 Virginia resolutions; the
tnanly sense of ^IcDuffic, and some others, re-
jected that sophistry, and found their justifica-
tion wholly in the revolutionary right of self-
defence from intolerable oppression.

CHAPTER LXXXV.

BECRKT UISTOKVOF THE "COMl'HOMISK' 01" 1S33.

Mu. Calhoun and Mr. Clay were early, and
long, rival aspirants for the Presidency, and an-
tagonistic leaders in opposite political systems;
and the coalition between them in 1833 was
only a hollow truce (embittered by tho humilia-
tions to which Mr. Calhoun was subjected in the
protective features of the " compromise ") and
only kept alive for a few years by their mutual
interest with respect to General Jackson and Mr.
Van Buren. A rupture was foreseen by every
observer ; and in a few years it took place, and
in open Senate, and in a way to give the key to
the secret motives which led to that compromise.

It L* r-.n.o » :<'i..-«tion Utween them whk-h h.i|
the Ui" o.-e Land o( the other — in their own Im,.
giiap' — whifh wiix mnfter of the other -niii|i„i
iMrasion. .Mr. i. allioun ileclared that ho huij
.Mr. Clay down — had him on his back — wiw in^
master. .Mr. t'lay ivtoited : lie my muster! |
would not own him for the meanest of my hIuvc ,
Of courxe, thero were call-t to order alioiif tlnu
time ; but the (jiiestioti of mastery, and il.,.
causes which jirodiieeil the passage of the y t
were still points of contestation iKtwi-en tlicui
and came up for altercation in other forms. Mi.
('alhonn claimed a controling influence for iIk;
military attitude of .South Carolina, and its in-
timidating etiect u|)on the federal govcrmnent.
.Mr. Clay ridiculed this idea of intimidation, nnl
Huid the little boys that muster in the streets will;
their tiny wooden swords, had as well preteinl
to terrify the gratid army of IJcmaparte: nmi
afterwards said he would tell how it hap]ieiK<l,
which was th\is: His friend from Delaware (.Mi.
John M. Clayton), said to him one day— thefi,.
South Carolinians act very badly, but they niu
good fellows, and it is a pity to let Jackson hani;
them. This was after Mr. Clay had brought in
his bill, and while it lingered without the leai-t
apparent chance of passing — paralyzed by the
vehement opposition of the manufacturers : and
he urged Mr. Clay to take a new move with his
bill — to get it referred to a committee — and hy
them got into a shai)o in which it could pa.>is.
Mr. Clay did so — had tho reference made— aud
a committee appointed suitable for tho measure
— some of strong will, and earnest for the bill,
and some of gentle temperament, inclined to ca.<y
measures on hard occasions. They wen",
Messrs. Clay, Calhoun, Clayton, Dallas. Grundy.
Rives.

This was the movement, and the inducing
cause on one side : now for the cause on tiie
other. Mr. Letcher, a representative from Ken-
tucky, was the first to conceive an idea of some
compromise to release South Carolina from her
position ; and communicated it to Mr. Clay ;
who received it at fii'st coolly and doubtfully,
Afterwards, beginning to entertain the idea, l.e
mentioned it to Mr. AVebster, who repulsed it
entirely, saying— 'It would bo yielding great
principles to faction ; and that the time had
come to test the strength of the constitution
and the government." After that he was no
more consulted. Jlr. Clay drew up his bill, and

ANNO IMS. AXI'KKW JArKHOX. rnKSIDKNT

343

t, inclined to easv

Kilt it to Mr. Calliuun through .Mr. Utchvr—
1,1' and .Mr. ('uIIiimiii not iH-'m^on oiH'nkini; tt'rni«.
Ill' (ilijfi ted <l<<idf<lly to jiiirtu of ilu- lull ; niid
..liil, if .Mr. t-'liiy know IiIh n'anonM, ho ciMlainly
would yiild tlii'olijrc'tioniiliU' partx. .Mr. I.rldi-
.r iiiuk-rt'iok to urriinp' an interview, — which
iviuH fUV'CtL'd — to tuke iiluce in .^Ir, C'lay'H room.
Till- nu'i'tiiin was cold, dictunt iind livil. Mr.
{'by roue, Lowed to liiH vinitor, nnd atikud liiin
ID take n wuat, Mr. LftchtT, to rt'litvc the t-ni- ;
lian'asHint'nt,ininie<liate!yoiH'ned the buHini'ssof i
the interview: which ended without nsnltH. |
Mr. Clay remained inflexible, sayinj; timt if lie j
"avu np the jtartH of the hill ohjeeted to, it conhl
not lie pai'tHud; and that it would he better to
i;ivc it up at once. In the mean time Mr. Let-
cher had Been the President, and Founded Iiiin
un tlie Bubject of acompromifse: the I'rcsidcnt
uiiflvvered, ho Avould have no negotiation, and
would execute the lawH. This was told by Mr.
U'tcher to Mr. JIcDu*lle, to jjo to Mr. Calhoiui.
Soon after, Mr. Letcher found himself required
to make a direct communication to Mr. Calhoun.
>Ir. Josiali S. Johnson, senator from Louisiana.
came to his roojn in the ni|j;ht, after he had gone to
bed— and informed himof wliat he had just learnt :
—which was, that Ocneral Jackson would ad-
mit of no further delay, and was determined to
take at once a decided course with Mr. Calhoun
(un arrest and trial for high treason being
understood). Mr. Johnson deemed it of the
utmost moment that Mr. Calhoun should be
instantly warned of his danger; and urged Mr.
Letcher to go and apprise him. lie went — found
Mr. Calhoun in bed — was admitted to him — in-
formed him. "He was evidently disturbed."
Mr. Letcher and Mr. Clay were in constant com-
munication with Mr. Clayton.

After the committee had been appointed, Mr.
Clayton assembled the manufacturers, for with-
out their consent nothing could be done ; and
in the meeting with them it was resolved to
pass the bill, provided the Southern senators,
including the nulliiicrs. should vote both for th»
amendments which should be proposed, and for
the passage of the bill itself— the amendments be-
ing the same afterwards offered in the Senate
hj Mr. Clay, and especially the home valuation
feature. When these amendments, thus ogreed
upon by the friends of the tariff, were proposed in
the committee, they were voted down ; and not
being able to agree upon any thing, the bill was

rarrii'd Imrk to the m-nAt<t without nItiTationi
liiil .Nlr. ('Iiivtoii iliil not (rivr up. Moved by a
fei'lintr of coiirern t'lr those who Wen- ill IMTil,
and for the utate of the country, and for tin.'
"nfety of the proieclivf Hy>.tem oi" whieh he wuf»
the <leeid»'d adviM-aN-, he deteniiined to have ttm
name aniendinentH, no a(;n'edu|M)n by thefriemlii
of llie tarilf and njeete'l by the o>liilnllti e,
offered in Ihe.'^enato ; and, toliilji Mr. t'Iny witr
tlie manufiu-turers, he (nit them into Iu'm hands
to Ixi HO oU'ered — notify iiij; .Mr. (':»l!iomi and
Mr. Clay that unle.ss llie auuiuhninls wei-u
adopted, and that by the Southern vote, every
niilliiier iii('lui<ively, thiit the bill should not
p.ass — that he himself would move to lay it on
the table. His n>asons for mukinfi; the ntd-
lilication vote a niin: i/iia von both on tlio
aniendnuntrt and on the bill, and for them all,
separately and colleclivily, was to cut tlieiii olf
from pleading their unconstitutionality after they
were passed ; and to make the aulliors of dis-
turbance and armed resistance, after resistance,
parties upon tiio record to the measures, and
every part of the measures, which were to pacily
them. Unless theno leaders were thus bound,
he looked upon any pacitiealion as a hollow truci!,
to bo succeeded by some new distiu'bance in a
short time; and therefore ho was peremptory
with both Mn. Clay and Jlr. Calhoun, denounc-
ing the sacrifico of the bill if his terms were not
complied with ; and letting them know that hu
had friends enough bound to his support. They
wished to know the names of the senators who
were to stand by him in this extreme course —
which he refused to give ; no doubt restrained
by an injunction of secrecy, there being many
men of gentle temperaments who are unwilling
to commit themselves to a measure until they
see its issue, that the eclat of success may con-
secrate what the gloom of defeat would damn.
Being inexorable in his claims, Air. Clay and
Mr. Calhoun agreed to the amendments, and all
voted for them, one by one, as Mr. Clay offered
them, until it camo to the last — that revolting
measure of the home valuation. As soon as it
was proposed, Mr. Calhoun and his friends met
it with violent opposition, declaring it to be
unconstitutional, and an insurmountable obstacle
to their votes for the bill if put into it. It was
then late in the day, and the last day but one
of the session, and Mr. Clayton found himself
in the predicament which required the execu-

'I'i...;

344

TIIIKTY YKARS- VIEW.

t vi

1 1,

■'ft

tion of his threat, llu executed it, an<l moved
to lay it on the tabic, with the deelarntion that
it was t" ''c there. Mr. Clay went to liiin ami
besoujrh, 'i.n to withdraw the motion; Init in
vain. He remained inllexilile ; and tlie bill then
aj)i)eaR'd lo bo dead. In *liis extremity, tlie
('iiihoun wing retired to the colonnade behind
the Vice-President's chair, and held a brief con-
puitation nmonp; thems'.'lves : and presently Mr.
Bibb, of Kentucky, came out, and went to Mr.
Clayton and asked him to withdraw his motion
to give him time to consider the amendme-it.
Seeing this sign of yielding, Mr. Clayton with-
drew his motion — to be renewed if the amend-
ment was not voted for. A friend of the parties
immediately moved an adjournment, which was
carried ; and that night's reflections brought
them to the conclusion that the amendment
must be passed ; but still with the belief, that,
there lieing enough to pass it without him, Mr.
Calhoun should be spared the humiliation of
appearing on the record in its favor. This was
told to Mr. Clayton, who declared it to bo im-
possible — that Mr. Calhoun's vote was indis-
pensable, a»s nothing would be considered secured
by the passage of the bill unless his vote appeared
for every amendment separately, and for the
whole bill collectively. When the Senate met,
and the bill was taken up, it was still unknown
what he would do ; but his friends fell in, one
after the other, yielding their objections upon
diflVrent grounds, and giving t' ir assent to this
most flagrant instance (and th t a new one), of
that protective legislation, ac;ainst which they
were tlien raising troops in South Carolina ! and
limiting a day, and that a short one, on which
she was to be, ipso facto, a seceder from the
Union. Mr. Calhoun remained to the last, and
only rose when the vote was ready to be taken,
and prefaced a few remarks with the very notable
declaration that be had then to " determine "
which way he would vote. lie then declared
m favor of the amendment, but upon conditions
which he desired the reporters to note ; and
which being futile in themselves, only showed
the desperation of his condition, and the state
of impossibility to which he was reduced. Sev-
eral senators let him know immediately the
futility of his conditions ; and without saying
more, he voted on ayes and noes for the amend-
ment ; and afterwards for the whole bill. And
this concluding scene appears quite correctly

reported in the authentic debates. And tliti
the question of mastery in this famous '"coi;.
f)romiso." mooted in the Senate by Mr. Cl.ivnncl
Mr. Calhoun .as a problem between theinselvo .
is shown by the inside view of this bit of history.
to lx;long to neither of them, but to Mr. J<iliii
M. Clayton, under the instnimentality of (Ion.
Jackson, who, in the presidential election. h;ici
unhorsed Mr. Clay and all his systems ; and, i;;
his determination to execute the laws uj)on .Mi-
Calhoun, had left him without remedy, exroi t
in the resource of this " compromi.se."' Vpo;,
the outside history of this measure which I hr.vo
compiled, like a chronicler, from il:" documcntarv
materials, Jlr. Calhoi' i and Mr. Clay njjpear n-
master spirits, appeasing the storm which tli, •,•
had raised ; on the in,sidc view they appear n-
Kubaltern agents dominated by the necessities
of their condition, and providing for themsclvcr,
instead of their ccuntrj' — Mr. Clay, in saviii;^
the protective policy, and preserving the support
of the manufacturers ; and ^Ir. Calhoun, in sav-
ing himself from the perils of his condition : ami
both, in leaving ihemselves at liberty to act to-
gether in future against General Jackson and
Mr. Van Buren.

CHAPTER LXXXri.

COMPROMISE LEniSLATIOX; AN'D THE ACT, SO

CALLED, OF isaa

This is a. species of legislation which wears a
misnomer — which has no foundation in the con-
stitution—and which generally begets more mi.s-
chief than it assumes to prevent ; and which,
nevertheless, in very popular — the name, thoufrli
fictitious, being generally accepted for the reali-
ty. There are compromises in the constitution,
founded upon what gives them validity, namely,
mutual consent ; and they are sacred. All com-
promises are agreements, made voluntarily by
independent parties— not imposed by one upon
another. They may be made by compact — not
by votes. The majority cannot subject the mi-
nority to its will, except in the present decision
— cannot bind future Congresses— cannot claim
any sanctity for their acts beyond that which
grows out of the circumstances in which they
originate, and which address themselves to tlw

ANNO 1S?.3. ANDHEW JACKSON', PRB^IDENT.

34.1

nioral scu'^e of thoir tiiioccssors. and to reasons
,i' justice or jjolioy wliich slioiild cxoinpt an net
'roin the inlierriit fate of nil Icpislntioii. The
J t of 1^-0, called the iMissotiri C'<>in|>roini>c, is
i,ni> of the most respoctalile ami intclllgihli.'. of
•ij., spe«^ies of let;islatioii. It composed a na-
lonal controversj', and iijion a consideration.
It divided a great province, and about equal-
;., ItL'twcen slaveholdinir and non-slaveholding
v;;iU'?, It admitted a State into the Union;
^iiil that Slate accci)ted that admission ui)on the
condition of fidelity to that compi'omise. And
kiiif; founded in tlie material operation of a line
ilrawii npon the earth under an astronomical
;;iv.', subject to no change and open to all obser-
vation, visible and tangible, it became an object
^u.-l-'Cl)tib!e of certainty, both iu its breach and
i.i its observance. That act is entitled to re-
vjioct, es^pecially from the party which imposed
it iipn the other ; and has been respected ; for
it lias remained inviolate for thirty 3'ears —
aoithcr siilo attempting to break or abolish it —
omli having the advantage of it — and receiving
ill! the while, like the first magna cliarta, many
wutirraations from successive Congresses, and
f;om State legislatures.

The act of 1833, called a " compromise," was
a broach of all the rules, and all the principles
iif lef;islation — concocted out of doors, managed
uy politicians dominated by an outside '"r-o-'rest
—kept a secret — passed by a majority pledged
to its support, and pledged against any amend-
ment c.xc.'pt from its managers ; — and issuing
from the conjunction of rival politicians who
had lately, and long, been in the most violent
state of legislative as well as political antago-
nism. It comprised every title necessary to
ttamp a vicious and reprehensible act — bad in
tiie matter — foul in the manner — full of abuse —
And carried through upon the terrors of some,
tlie interests of others, the political calculations
(jf many, and the dupery of more 5 and all upon
a plea which was an outrage vfiipr representa-
tive government — upon the actual government
—and upon the people of the States. That plea
was, that the elections (presidential and con-
[.■lessional), had decided the fate of the protec-
tive system — had condemned it — had sentenced
it to death — and charged a new Congi-ess with
the execution of the sentence ; and, therefore,
that it should be taken out of the hf^nds of that
mv Congress, withdrawn from it before i? met

— and laid away for nine years and it half umler
the sanction of a, so called, comproiii^e — iut.iii-
jriiiie to the jieople — safe in it.s ixi>tenoe dnriii;;
all that time ; and trusting to the < hapter of ac-
cident:', and the nkill of iiianafreiiunf, for it^
complete restoration at the end <f the term
This was an outrage upon impular represoTita-
tion — an estoppel upon the popular will — the
arrest of a judgment whieli the jieople had |.Mven
— the usurpation of the right.s of en.-uing Con-
gresses. It was tlie conception of some rival
politicians who had lately distrnctfd the coun-
try by their contention, and now undertook to
compo.so 't by their conjunction ; and having
failed in the gnme of agitation, threw it up for
the game of pacification ; and, in this new char-
acter, undertook to settle and regulate the af-
fairs of their country for a term only half a year
less than the duration of the siege of Troy ; and
long enough to cover two prcsidentir.l elections.
This was a bold pretension. Home had existed
above five hundi .d years, and citizens had l)e-
come masters of armies, and the people humbled
to the cry of panem et circcnsci — bren.d and
the circus— before two or three rituls could go
together in a corner, and arrange the affairs of
the republic for live years : now this was done
among us for double that time, and in the forty-
fourth year of our age, and by citizens neither
of whom had headed, though one had raise<l. an
army. And now how could this bo efTected,
and in a country so vast and intelligent? I
answer: The inside view which I have given of
the transaction explains it. It was an operation
upon the best, as well a-s upon the worst feelings
of our nature — upon the patriotic nlarins of
many, the political calculations; of others, tho
interested schemes of moie, an<l the proclivity
of multitudes to be deceived. Some political
rivals finding tariff no longer availalilo for po-
litical elevation, either in its attack or defence ;
and, from a ladder to climb on, become a stum-
bUng-block to fall over, and a pit to fall into,
agree to lay it aside for the term of two presi-
dential elections ; upon the pretext of quieting
tlio country wluch they had been disturbing ;
but in reality to get tho crippled hobl)y out of
the way, and act in concert against an old foe
in power, and a new adversary, lately' supposed
to have been killed off, but now appearing high
in the political firmament, and verging to its ze-
nith. That new adversary was Jlr. Van Buren,

\W^

346

THIRTY YKARS' VIKW.

I
I

just ckctcil N'ice-President, and in the line of
olil prt'CiMlfnt.-i for the presidency ; ami the main
ohjcct to lie iihle to work against him, and for
tliemselvcs, with iireservation to tiie tariff, and
extrication of Mr. Calhoun. The masses were
alarmed at tlie cry of civil war, concerted and
spread for tl;e ptirposc of alarm ; and therefore
ready to hail any .scheme of deliverance from
that calamity. The manufacturers saw their
advantage in saving their high protecting dutie.s
from immediate reduction. The friends of Mr.
Clay believed that the ♦jtle of pacificator, which
lie was to earn, would win for him a return of
the glory of the Missouri compromise. Mr.
Calhoun's friends saw, for him, in any arrange-
ment, a release from his untenable and perilous
position. Clumbers of gentle temperaments in
both Houses, saw relief in middle courses, and
felt safety in the very word " compromise," no
matter how fictitious and fallacious. The friends
of Air. Van liuren saw his advantage at getting
the tarifl' out of his way al %o ; and General
Jackson felt a positive relief in being spared
the dire nccesjity of enforcing the laws by the
sword and by criminal prosecutions. All these
parties united to pass the act ; and after it was
passed, to praise it ; and so it passed easily, and
was ushered into life in the midst of thundering
applause. Only a few of the well-known "sena-
tors voted against it — Mr. Webster, Mr. Dick-
erson^ General Samuel Smith, Mr. Benton.

My objections to thi3 bill, and its mode of
being passed, were deep and abiding, and went
far beyond its own obnoxious provisions, and all
the transient and temporary considerations con-
nected w ith it. As a friend to popular repre-
sentative govcrnu)ent. I could not see, without
insurmountable repugnance, two citizens set
themselves up for a power in the State, and
undertake to regulate, by their private agree-
ment (to be invested with the forms of law),
the public allidr.s for yea'-s to come. I admit no
man to stand for a poTrer in our country, and to
assume to bo able to save the Union. Its safety
does not depend upon the bargains of any two
men. Its safety is in its own constitution — in
its laws — and in the affections of the people 5
and all that is wanted in public men is to ad-
minister the constitution in its integrity, and to
enforce the laws without fear or affection. A
compromise made with a State in arms, is a
capitulation to that State ; and m this light, Mr.

Calhoun constantly presented the a<t of I8.!.i
and if it had emanated from the government h-
would have been right in his fact, and in !ik
inductions ; and all discontented .States woul.i
have been justified, so far aa successful pricoltiit
w^a.« concerned, in all future interpositions ol \u
fiat to arrest the action of the federal govern-
ment. But it did not emanate from the govern-
ment It (the government) was procecdini'
wisely, justly, constitutionally in settling with
South Carolina, by removing the cause of Ikt
real grievance, and by enforcing the laws against
their violators. It (the constituted government)
was proceeding regularly in this way, with a
prospect of a successful issue at the actual pos.
sion, and a certainty of it at the next one, when
the whole subject was taken out of its hands by
an arrangement between a few members. The
injury was great then, and of permanent ovil
example. It remitted the government to the
condition of the old confederation, acting upon
sovereignties instead of individuals. It violatcil
the feature of our Union which discriminated it
from all confederacies which ever existed, and
which Avas wisely and patriotically pnt into the
constitution to save it from the fate which had
attended all confederacies, ancient and modern.
All these previous confederacies in their general,
or collective capacity, acted upon communitits,
and met organized resistance as often as they
decreed any thing disagreeable to one of its gtron-
members. This opposition could only be sub-
dued by force ; and the application of force has
always brought on civil war ; which has ended
in the destruction of the confederacy. Tho
framers of our constitutional Union knew all
this, and had seen the danger of it in history,
and felt the danger of it in oui- confederation;
and therefore established a Union instcidofa
League — to be sovereign and independent within
its sphere, acting upon persons through its own
laws and courts, instead of acting on comnmni-
ties through persuasion or force. It was the
crowning wisdom of the new constitution ; and
the effect of this compromise legislation, was to
destroy that great fisature of our Union — to bring
tho general and State governments into conflict
— and to substitute a sovereign State for an of-
fending individual as often as a State chose to
make the cause of that individual her own. A
State cannot commit treason, but a citizen can,
and that against the laws of the United States;

ANNO 1833. ANDREW JACKSON. PRESIKKNT.

347

ir.ilso, if a citiwn commits treason apainBt the
liiitod States he may (if tliis interp>sitii)n l.p
vimitted), be Bhieliied by a State. Our whole
•nine of povernment vt unhinged when the
•liiTal povernment nhifts from its foundation.
jiii poe.s to actinj? npon States instead of indi-
viiluals ; and, therefore, the "compromise," as
It was called, with South Carolina in 1833 was
jii violation of the great Union principle of our
,„vcrninent — remitting it to the imbecility of
liie old confederation, giving inducement of the
.Vadiiville convention of the present year ( 185l») ;
■ al which has only to be followed up to see the
>;ate? of this Union, like those of the Mexican
Mublic, issuing their pronunciuinienlos at
(Virv discontent ; and bringing the general
..ovtrninent to a fight, or a capitulation, as
,,1'nn as they please.

1 omit all consideration of the minor vices of
the act — great and flagrant in themselves, but
subordinate in comparison to the mischiefs done
to the frame of our government. At any other
time these vices of matter, and mauner, would
have been crushing to a bill. No bill containing
a tithe of the vices, crowded into this one, could
ever have got through Congress before. The
(.vcrthrow of the old revenue principle, that
duties were to be levied on luxuries, and not on
necessaries — substitution of universal ad valo-
rems to the exclusion of all specific duties — the
Eubstitution of the home for the foreign valuation
—the abolition of all discrimination upon articles
in the imposition of duties — the preposte.; •■-
stipulation against protection, while giving pio-

! tection, and even in new and unheard of forms ;
111! these were flagrant vices of the bill, no one
1)1" which could ever have been carrie<3 through
in a bill before ; and which perisheci i;i this one
before they arrived at their period of operation.

I Tiie j'car 1842 was to liave Ijeen the jubilee of
all these inventions, and set tlicm all off in their
career of usefulness ; but that year saw all these
line anticipations fail ! saw tiie high protective
policy ri'-established, nnore burthensome than
ever : but of this hereafter. Then the vices in

I the passage of the bill, being a political, not a
lepislative action — dominated by an outside in-

I (erest of manufacturers — and openly carried in

the Senate by a douceur to some men, not in

Kendal Green," but Kendal cotton. Yet it

Has received by the country as a deliveiance,

mid the ostensible authors of it greeted as public

benefactors ; and their work dwlared by lf;:i!i-
latiircs to Ix' sacred an<l invinlali'e. and every
citizen doomed to ]><ilitical outlawry that diil not
give in Ills adhesion, and bind himself to the
perpetuity of tlie lut. 1 was one of those who
refused this adhesion — who continued to speak
of the act as I thought — and who. in a IVw years,
saw it sink into neglect and oblivion — die with-
out the solace of i)ity or sorrow — and go into
the grave without mourners or witnessts, or a
stone to mark the place of its interment.

CHAPTER LXXXVIL

VIRGINIA RESOLUTIONS OF •n'S-W-PISAni-SKD OP
TIIEIU SOUTH CAROLINA INTlilil'ltLTATION-l.
UPON THKIK OWN AVOUDS-l UPON fUNTEM
rOlIANEOUS INTKIiPKETATIuX.

TiiK. debate in the Senate, in 1830, on Mr. Foot's
resolutions, has been regarded as the dawn of
those ideas which, three years later, under the
name of " nullification," but with the character
and bearing the seeds of disorganization and
civil war, agitated and endangered the Union.
In thut debate, ^Ir. Ilayne, as heretofore stated,
quoted the third clause of the Virginia resolu-
tions of 1798, ns the extent of the doctrines he
intended to avow. Though Mr. AVebster, at the
time, gave a difierriit and more portentous in-
terpretation to Mr. llayne's course of argument,
I did not believe that !Mr. Ilayne purposed to use
those resolutions to any other effect than that
intended by their authors and adopters ; and
they, I well knew, never supposed any right in
a State of the Union, of its own motion, to annul
an act of Congress, or resist its operation. Soon
after tiic discussion of IboO, howeve"., nuHiflea-
tion assumed its name, with a clear an' unciation
of its purpose, namely, to maintain an inherent
right in a State to annul the acts of the federal
government, and resist their operation, in any
case in which the State might judge an act of
Congret i to exceed the limiisof the constitution.
And to support this disorganizing doctrine, the
resolutions of 1798, were Iwldly and pcrsever-
ingly appealed to, and attempted to be wrested
from their real it ient. Nor is this effort yet
abandoned ; nor can we expect it to be whilst
auUitication still exists, either avowed or covert.

-^!f"=^-»--'J7M»7"'-?W(Blf?S'-

34S

THIRTY YEARS' VIEW.

i m

The illustriouB autliorsliip of the Re»ol:,i'on9 of
17'J8; llie chnracttT mid reputation of the li-ftis-
iators who adopted them ; their general accept-
ance by tho repiibhcan party , the intlucncu
they exercised, not only on questions of the day,
but on tlie fate of parties, and in 8ha])ing the
povernnient itself, all combine to give them im-
portance, and a high place in public esteem ; and
would go far to persuade the country that nulli-
lication w.is right, if Ihey were nullification. In
connection, therefore, with the period and events
in which nullification iiad its rise, the necessity
is imposed of an cxf.mination into the scope and
objects of those resolutions ; and the same rea-
sons that have made, and make, the partisans
of nullification so urgent to identify their fal-
lacies with the resolutions, must make every
patriot solicitous for the viiKAcation of them and
their author and adopters from any such affinity.
Fortunately, the material is at hand, and
abundant. The resolutions are vindicated on
their text alone ; and contemporaneous authen-
tic interpretation, and the reiterated, earnest —
even indignant — disclaimers of the illustrious
author himself, u'terly repudiate the intent
that nullification attempts to impute to them.
1 propose, therefore, to treat them in these three
aspects :

I. Vindicated on their text.

The clause of the resolutions, chiefly relied on
as countenancinfr nullification, is the third reso-
lution of the series, and is as follows :

" That this assembly doth fixr/iicitly and per-
emptorily declare that it views the powers of the
federal government, as resulting frcm the com-
pact, to which the States are parties, as limited
by the plain sense and intention of the instru-
ment constituting that compact ; and that, in
case of a deliberate, palpable, and dangerous ex-
ercise of other jjowers not granted by the said
compact, the States, who are the parties thereto,
have the right, and are iu duty bound, to inter-
pose for ariesting the progress of the evil, and
lor maintaining, within their respective limits,
the authorities, rights, and liberties appertaming
to ihcm."

The right and duty of interposition is cer-
tainly here claimed for the States, in case of a
" deliberate, jjalpable, and dangerous a.ssumption
of powers, hy the federal government;" but,
looking alone to the words of the test, it is an
unreasonable inference, that forcible or nullify-
ing interposition is meant. The word does not

I import resistance, but rather the contrary ; m, i
j can only be understood in a hostile sen.s?. nlivn
I the connection i a which it is used nectssain,
implii'8 force. Such is not the case in tlii.s i--,,.
lution ; and no one ha^ a right to supp^jrie t'.ia;
if its authors had intended to assert a pi innii,;.
of such transcendent importance, as thai tj
States were severally possessed of the ri^'ht |,,
annul an act of Congresr, and resist its e.\CTi:-
tion, they would not have u.sed words todeda!,'
that meaning explicitly, or, that they would in-
timate covertly a doctrine they dared not avm\-.
Tho constitution itself suggests several inwi,.;
of interposition, competent for either the Statis
or the people. It provides fur the election (i,-,-
a mixed system, popular and State), at bjjcf in-
tervals, of all the functionaries of the fudu;,!
government ; and hence, the interposition of il.t
will of the States .and people to ell'ect a ch.iiiL..
of rulers ; hence, of policy. It provides tliiu
ireedom of speech and the press, shall not 1/^
abridged, which is equivalent to a provision that
those powerful means be perpetually interpotci
to affect the public conscience and sentiment—
to counsel and alarm the public servants ; tg
influence public policy — to restrain and ixmedy
government abu.ses. It recognizes the riplit,
and provides that it shall not be abridged, of t!.e
people " to assemble and petition the govern-
ment for the redress of grievances ; " hence, coi>
templating that there may be grievances on the
part of the government, and suggesting a means
of meeting and overcoming them. Finally, it
provides that, on the application of a designated
proportion of the States, Congress shall causes
convention to be called, to provide, in the con-
stitution itself, should it be judged necessarv,
additional securities to the Statts and the peo-
ple, and additional restraints on the govern-
ment.

To act on the sentiments of thp country
then ; to bring to their aid the potent engines
of the press and public harangues ; to move
tho people to petition and remonstrance ag; nst
tne obnoxious measures ; to draw the attention
of other States to the abuses complained of. ami
to the latitudinous construction the federal au-
thorities were giving to their powers ; and thus
bring those States, in like manner, to act on
their senators and representative^, and on the
public voice, so as to produce an immediate
remedy, or to co-operate in calling a convention

ANNO 19:53. ANDREW JACKi*OX. rUF>II)KNT.

?A'J

rangues ; to move

to piMvide furt):er seoiiritie9~one or l>oth ; these 1
3J,,;it' are the modes of •' interposition " the Vir-
pnift resolution.', of lil'S contcniplatwl ; all they
t.nu'sswl ; ail they ntt.inpted; ail th..t the re-
i.)luti<)ii8, or their liLxtor, , warrant to be im-
T.iitid to them. These nimlcH of interposition
iiiv nil consi.steut with {)eace and order; with
iliidience to ihe Iuwh, and reppect to the luw-
I il authorities ; tlie very means, as was well
jir.'ucd by the supporters of the resolutions,
t.i ]>rcvent civil strife, insubordination, or revo-
lution ; in all respects, the antipodes of nuUi-
tieiition.

To enlarge somewhat on the force of the
nords of the resolutions : The right i>nd duty
of '• the States " to interpose, certainly does not
mean the right of "a State" to nullify and set at
nought. The States — less than the whole num-
Jjcr— have a right to interpose, secured, as al-
ready shown, in the constitution ; and this, not
(jnl\' persuasively, but peremptorily ; to compel
ilie action they may desire ; and it is demon-
strable, that it was this constitutionril provision
that the Virginia legislature had ir, mind, as a
last resort. The resolutions do no^ speak any
where of the right of a State ; but use the plural
niindier. States. Yir-cinia exercises the right
that pertains to a State — all the light that, in
the premises, she pretends to — in passing the
1 evolutions, declaring her views, and inviting the
like action of her co-States. Instead, therefore,
of the resolutions being identical with nullifi-
cation, the two doctrines are not merely hostile,
but exactly opposites ; the sum of the Virginia
doctrine being, that it belongs to a State to
take, as Virginia does in this instance, the initia-
tive in impeaching any objectionable action of
the federal government, and to ask her co-States
to co-operate in procuring the repeal of a law,
a change of policy, or an amendment of the
constitution — according as one or the other, or
all, may be required to remedy the evil com-
plained of; whereas, nullification claims, that a
single State may, of its own motion, nullify any
act of the federal government it objects to, and
stay its operation, until three fourths of all the
States come to the aid of the national auth'^rity,
and re-enact the nullified measure. One submits
to the law, t'll a majority repeal it, or a coaven-
tion provides a constitutional remedy for it; the
Dther undertakes to annul the law, and suspend
Us operation, so long as three fourths of the

States arc not brought into active ro-ojivration
to declare it valid. The resolutions mnintaiii
the government in all its functions, only M'«kiii;»
to call into >isc the particular function of n'jx'al
or anjcndment: nullitication would stop tho
functions of government, and arrest laws ii)i|pfl<
niit'iy ; and is incapable of beiiip: brou^rht to ao«
t sal experiment, in a single instance, m ithout a
subversion of authority, or civil war. To this
essintial, radical, antagonistic degree do the Vir-
ginia resolutions and the doctrine of nullification
difi'er, one from the other ; and thtis unjustly
are the Virginia republicans, of IT'.'H, accu.'^od of
planting the seeds of dissolntioii— a " deadly
poison," as Mr. Madison, himself, enii)hatically
calls the doctrine of n\illification — in the insti-
tutions they had so laboretl to construct.

II. i'/jou their contemporaneons interprda-
Hull.

The contemporaneous construction of the reso-
lutions is found in the debates on their adoption ;
'n the responses to them of other State legisla-
tires ; and in the confirmatory report prepared
by the yame author, and adopted by the Virginia
general assembly, in January, 1800 ; and by the
conduct of the State, in the case of Callcndor.
And it is remarkable (when we consi(I';r the
uses to which the resolutions have subsequently
been tumod), that, while the friends of the reso-
lutions nowhere claim more than a declaratory
right for the legislature, and deny all idea of
force or resistance, their adversaries, ii; the heat
of debate, nor the States which manifested tho
utmost bitterness in their responses, have not
attributed to the resolutions i ny doctrine like
that of nullification. Both in the debates and
in the State responses, th.e opponents of the re-
solutions denor.nce them as infiamatory, and
"tending" to produce insubordination, and what-
ever other evil could then be thought of, con-
cerning them ; but no one attributes to them
the absurdity of claiming for the State a right
to arrest "f its own motion, the operation of the
acts of Congress.

The prim i pal speakers, in the Virginia legi.sla-
ture, in opposition to the resolutions, were:
Mr. GeorgC! Keith Taylor, Mr. Magili, Mr. Brooke,
Mr. Cowau, Gen. Henry Lee, and Mr. Cnreton.
Nearly the whole debate turned, not on the ab-
stract propriety or expediency of such resolu-
tions, on the question whether the acts of Con-

t •,;■

330

THIRTY YEARS' VIEW.

•I'M

(

■H

prcHs, wliicli were opccially romplained of, were,
in fact. uiH'in.Ktitiitioiinl. It whh nclmitted, in-
(Itid, liy (iin. I.fc, wlio Hpokc t'lnlwrottly and
lirKiiinuntativfly npiiiiKt thf rcKoliitioii.i, that, if
tlie acts wtTc unconHtitutional, it was " proper
to interfere;" but the extreme notions of the
jiowers of the federal government that then
prevailed in the federal party, led them to con-
tend that thoBe powers extended to the acts in
question, thotifjh, at this day, they are univcr-
eally acknowledged to be out of the pale of fede-
ral legislation. Beyond tlie discusaion of this
point, and one or two others not pertinent to
the present matter, the speakers dwelt only on
the supposed " tendency " of such declarations
to excite the people to insubordination and non-
submission to the law.

Mr. George K. Taylor complained at the com-
mencement of his speech, that the resolutions
•' contained a declaration, not of opinion, but of
fact ; " and ho apprehended that " the conse-
quences of pursuing tiie advice of the re.«olutions
would be insurrection, confusion, and anarchy ; "
but the legal efl'ect and character that he at-
tributed to the resolutions, is shown in his
concluding sentence, as follows :

'• The members of that Congress which had
passed those laws, had been, so far as he could
un ierstand, since generally re-elected ; therefore
he thought the people of the United States had
decided in favor of their constitutionality, and
that such an attempt as they were then making
to induce Congress to repeal the laws would
be nugatory."

Mr. Brooke thought resolutions "declaring
laws which had been made by the government
of the United States to be unconstitutional, null
and void," were " dangerous and improper ; "
that they had a " tendency to inflame the pub-
lic mind ; " to lessen the confidence that ought
to subsist between the rep "esentatives of the
people in the general gON^rnment and their
constituents ; and to " sap the very foundations
of the government, by producing resistance to
its laws." But that he did not apprehend the
resolutions to be, or to intend, any thing beyond
an expression of sentiment, is evident from his
further declaration, that he was opposed to the
resolutions, and equally opposed to any modifi-
cation of them, that should be " intended as an
expression of the general sentiment on the sub-
ject, because he conceived "t to be an improper

mode by which to express the wishes of th<
])eople of the State on the subject."

General Lee thought the alien and sodltii,;
laws " not unconstitutional ; " but if they ^viri
unconstitutional he •' admitted the right df i,,.
terposition on the part of the general a.s8oml)!v.''
But he thought these resolutions showed - ji,.
decorum and hostility," and were "not tlu
likeliest way to obtain a repeal of the law.*. '
He " suspected," in fact, that " the repeal of the
laws was not the leading point in view," Ijut
that they •' covered " the objects of " promotion
of disunion and separation of the States." 1',^,
resolutions "struck him as recommending rcsi.'it-
ance. They declared the laws null and voi(l,
Our citizens thus thinking would disobey the
laws." Ilis plan would be, if he thought the
laws unconstitutional, to let the people petition,
or that the legislature come forward at once,
'' with a proposition for amending the doubtful
parts of the constitution ; " or with a " respectful
or friendly memorial, urging Congress to repeal
the laws." But he " admitted " the only right
which the resolutions assert for the sitate,
namely, the right " to interpose." The remarks
of the other opponents to the resolutions wire
to the same eiTect.

On behalf of the resolutions, the principal
speakers were, Mr. John Taylor, of Caroline,
who had introduced them, Mr. Ruffin, Mr. Mer-
cer, Mr. Pope, Mr. Foushee, Mr. Daniel, Mr.
Peter Johnston, Mr. Giles, Mr. James Barbour.

They obviated the objection of the speakers
on the other side, that the resolutions " contained
a declaration, not of opinion, but of fact," by
striking out the words which, in the orininal
draft, declared the acts in question to be "null,
void, and of no force or effect ; " so as to make
it manifest, as the advocates of the resolutions
maintained, that they intended nothing beyond
an expression of sentiment. They obviated
another objection which appeared in the original
draft, which asserted the States alone to be the
parties to the constitution, by strilcing out the
word "alone." They thoroughly and successful-
ly combated both the "suspicion" that they hid
any ulterior object of dissension or disunion, and
the " apprehension " that the resolutions would
encourage insubordination among the peopi:.
They acceded to and affirmed, that their objeii
was to obtain a repeal of the oll'ensive measurer ,
that the resolutions might ultimately lead to s

ANNO \MX ASURV.W .JACKSON. nU^IDKNT.

3:>i

ggBvcntion {i>e nmt>n<lin); the cnnfttitution. an<l
tlinttlitv wen? iiiteinlwl both to cxprc'H.s and to
ilftct piiltlic opinion ; l)nt notliinp nioru.
jlayii -^Ir. Ta}lor, of Ciirolino :

•• If Conjrfcss shonM, a^ wns certainly jxwsilile,
l>.'i«iato unconstitutionally, it wa.'* evident that
111 ilieory they have done wron;;, and it only
ri.niaiiH'd to consider whether the constitution
ii so defective as to have established limitations
111(1 reservations, without the means of enforcin.;
thim. in a mcxle by which they could bo made
practically useful. Suppose a clashin;^ of opin-
ion should exist between Congress and the
States, respecting the true limits of their consti-
tutional territories, it was easy to see, that if
the rij^ht of decision had l)een vested in cither
party, that party, decidinp in the spirit of party,
wmild inevitably have swallowed up the other.
The constitution nuist not only have foreseen
(lie possibility of such a clashing^, but also the
consequence of a preference on either side as
to its construction. And out of this foresight
must have arisen the fifth article, by which two
tiiird.^ of Congress may call upon the States for
iui explanation of any such controversy as the
present ; and thus correct an erroneous construc-
tion of its own acts by a minority of the States,
whilst two thirds of the States are also allowed
t) compel Congress to call a convention, in
(,1^0 SI) many should think an amendment neces-
sary for the purpose of checking the unconsti-

tut onal acts of that body Congress

is the creature of the States and the people ; but
neither the States nor the people are the creatures
of Congress. It would be eminently absurd,
tiiat the creature should exclusively construe
the instrument of its own existence ; and there-
lure this construction was reserved indiscrimi- 1
nately to one or the other of those powers, of i
nhich Congress was the joint work ; namely, |
til the people whenever a convention was re- 1
till tod to. or to the States whenever theoperation
fiiould he carried on by three fourths."

" Mr. Taylor then proceeded to apply these
observations to the threats of war, and the
apprehension of civil commotion, ' towards which
the resolutions were sai'l to have a tendency.'
Are the republicans, said he, possessed of fleets
and armies ? If not, to what could they appeal
for delence and support ? To nothing, except
public opinion. If that should be against them,
tiiey must yield; if for them, did gentlemen
mean to say, that public will should be assailed
by force? .... And against a State
which was pursuing the only possible and or-
dinary mode of ascertaining the opinion of two
thirds of the States, by declaring its own and
asking theirs? "

" He observed that the resolutions had been ob-
joctcd to. as couched in language too strong and
ottensiTc ; whilst it had also been said on the same
side, that if the laws were unconstitutional, the
people ought to fly to arms and resist 'hem. To

this he rfplie<l that ho wn«not suq^ri-x-il ti> hoar
the enenues of the n'solntidits rmiiniuitidinii
meastires which were either IVelileor r:ish. 'I'ini-
idity only servt-il to invite a repelition oi" injury.
whilst an unconstitutional resort to nnns wmiid
not only jUHtly exasjH'nUe nil good nieii. but
invite those who ditlered from the l'ri( nds of the
resolutions to the same njiiK'nl, niid |iro(luce .%
civil war. Hence, tluse who wished to pri'servo
the peace, as well as the constitiilinn, had r«'-
jected both alternatives, and chosen the middle
way. They had uttered what they eoiiciived to
be truth, and they had pursued a sy.'lem whieh
was only an apj^al to i>ublic opinion ; because
that app«'al wa.s warranted by the constitution
and by principle."

Mr. Slerccr, in rei)ly to Mr. (i. K. Taylor,
said ;

" The gentleman from Prince fieorge had told
the committee that tlic resolutions wito cal-
culated to rouse the jwople to re-ist.inec. to
excite the people of Virginia against the lederal
government. Mr. Mercer did not see how
such consequences could result from their adop-
tion. They contained nothing more than the
sentiment which the peojjle in many parts of
the State had expressed, and whieh had been
conveyed to the legislature in their meiuorial.s
and resolutions then lyin^i- on the table. He
would venture to say that an attention to the
resolutions from the committee would juove
that the o.ualities atti-mpted to be atlacheil to
them by the gentleman could not be found."

'' The right of the State government to inter-
fere in the manner propo.sed by the res(dutions,
Mr. Mercer contended was clear to his mind.

The State believed some of its

rights had been ixivaded by the late acts of the
general government, and proposed a remedy
whereby to obtain a repeal of them. The plan
contained in the resolutions ajjpeiired to Mr.
Mercer the most advisable. Force was not

thought of by any one The States

were equally concerned, as their rights had
been equally invaded ; and nothing seemed more
likely to produce a temper iu Congress for a
repeal."

"The object (of the friends of the resolutions),
in addressing the States, is to obtain a similar
declaration of opinion, with resjiect to several
late acts of tiie general government. ....
and thereby to obtain a repeal."

Mr. Barbour, likewise, in reply to Mr. 0. K.
Taylor, said :

"The gentleman from Prince George had re-
marked that those resolutions invited tlie people
to insurrection and to arms ; but, if he could
conceive that the con.sequences foretold would
grow out of the measure, he would become its

bitterest enemy." The resolutions

were " addressed, not to the people but to the

'rix.

352

TIIIUTY yi:a5i.v vikw

lister StiitcH ; prayin|r, in a pin-idc way, tlicir
(■()-o|H'riili<)ii, III arifstiiiK the tiiiikncy aiiil ttfcct
of iiii('(iii>titiUi<iiial InwH.

'• For his part, lie wiw for iisinjr no Tiolt-nrc.
It wa.-i (lie peculiar hliHMiiii; of I lie AiiiiTican
|)c'oplt! to liavi' redress within their reach, by
tfMieititntioiial uiid peaceful ineanH."

On the ^aIllc jioint, Mr. Daniel spoke as fol-
lows :

" If the other States think, with this, that the
laws are nnconslitiitional, the laws will he re-
jK'aled, and the constitntioiial questitm will be
settled by thia declaration of a majority of tiie

States." "If, on the contrary, a

.siiflicietit iiiiijority of the States should declare
their opinion, tliat the constitution gave Con-
gress authority to pass these laws, the constitu-
tional question woulil still bt; settled; but an
attempt niif;ht be made so to anend the consti-
tution as to take from Conjrn."5s this authority."

And, finally, Mr. Taylor of Caroline, in clos-
ing the debate, and in explanation of his former
remarks in respect to calling a convention, said :

■' lie would explain, in a favr w ord.s, what he
had before said. That the plan proposed by the
resolutions would not eventuate in war, but
mifiht in a convention. He did not admit, or
contemplate, that a convention would be called,
lie only said, that if Congress, upon being ad-
dressed to have these laws repealed, should per-
sist, they might, by a concurrence of three
fourths of the States, be compelled to call a con-
vention."

It is scon, then, by these extracts, that the
opposers of the resolutions did not charge upon
them, nor their supporters in any manner con-
tend for, any principle like that of nulliflcation ;
that, on the contrary, the supporters of the re-
solutions, go far from the absurd proposition
that each State could, for itself, annul the acts
of Congress, and to that extent stop the opera-
tion of the federal government, they did not re-
cognize that power in a majority of the States,
nor even in all the States together, by any extra-
constitutional combination or process, or to an-
nul a law otherwise than through the prescribed
forms of legislative repeal, or constitutional
amendment.

The i-esolutions were, however, vigorously
assailed by the federal party throughout the
Union, especially in the responses of several of
the States ; and at the ensuing session of the
Virginia legislature, those State responses were
sent to a committee, who made an elaborate ex-
amination of the resolutions, and of the objec-

tions th.it had Ihh'ii made to them. concliKlin.
by a jiistilication of them in all particular.
and reiterating their declarations. Thii rr-
jKirt was adopted by the general assirnljl,
and is a part of the t-ontemporaneous nnd nu
llientic interpretation of the resolutions. H,,
report says :

" A declaration that proceedings of the Hdirri
poveninient are not warranted by the coii>titi|
tion, is a novelty neither among the tiiizcn-
nor among the legislatures of the States.

" Nor can the declarations of cither, wliMl^.f
alTinning or denying the constitutionality „f
meaeures of the federjjl government, or wl.itlur
made bi'fore or after judicial decisions tlierwm
be deemed, in any point of view, an assl|lll|^
tion of the office of judge. The t]eelaraliijii>
in such cases, are expressions of opinion, unac-
companied by any other cflect than wlmt tluv
may produce on opinion, by exciting reflection,
The expositions or the judiciary, on the otliw
liand, are carried into immediate clfect by force. '

Again : " In the example given by the Stato.
of declaring the alien and sedition acts to ix
unconstitutional, and of communicating the dec-
laration to other States, no trace of inijiropir
means has appeared. And if the other tjtatts
had concurred in making a like declaration, Fii|h
ported too, by the numerous applications flow-
ing immediately from the people, it can scarcely
be doubted, that these simple means woulil
have been as suiBcient, as they are unuKcp-
tionable.

" It is no less certain that other means mi;'hi
have been employed, which are strictly within
the limits of the constitution. The legisluturcii
of the States might have made a direct represen-
tation to Congress, with a view to obtain a re-
scinding of the two offensive acts ; or they
might have represented to their respective scni
tors in Congress their wish, that two-thinis
thereof would propose an explanatory amend-
ment to the constitution ; or two-thirds of
themselves, if such had been th^ir option, might.
by an application to Congress, have obtained a
convention for the same object.

" These several means, though not tqually
eligible in themselves, nor probably to tlie
States, were all constitutionally open for con-
sideration. And if the general assembly, after
declaring the two acts to be unconstitutional
the first and most obvious proceeding on tlit
subject, did not undertake to point out to tin
other States a choice among the farther mea-
sures that might become necessary and pro]xr,
the resource will not be mi-sconstrued by liberal
minds into any culpable imputation."

These extracts are valuable, not only for
their positive testimony that the llesohitiocs
of 1798, nor their authors, had ever contem-
plated such a doctrine as Nulliilcation ; but {

ANNO 1833. AMUIKW JA< KxiN, rKHslhKNT.

353

Nullification ; bul

iIjo for their precise (kflnition ami cnuniora-
uou '>{ ill" ]«>\vurs which, in the piviiii.Hf.*.
were ri's'ly chtiiiied fi)r thv Hlnti'S, hy the Stntc-
Ilijllits JU'fiublicans of tliat da}-. 'Ihcy up' ull
Jistiucily laid down :

1, IJy a column declaration of opinion, caicu-
lati'<l to optTute on the pnlilie Hciitiincnt, and to
iiniuo' the co-oiH-ration of other States in like
lieclarutiona.

2, To make a direct representation to Con-
cress, with a view to obtain a repeal of the acts
compl^kined of.

3, To represent to their respective senators
their wish that two-thirds thereof would pro-
iiose an exj)lanatory amendment to the consti-
tution.

4, By the concurrence of two-thirds of the
States to cause Congres.s to call a convention
for the same object.

These are the entire li.st of the remedial
powers suspected, by the Kcsolutions of 1798,
and their author and adopters, to c.\ist in the
States with reference to federal enactments.
Their variant character fi-om the peremptory
arrest of acts of Congres.s proposed by nullifica-
tion, is well illustrated in the comparison made
ia the report between expressions of opinion
like those of the resolutions, and the compul-
sory operation of a judicial process. Supposing,
says the report, " that it belongs to the judicia-
ry of the United States, and not the State legis-
latures, to declare the meaning of the federal
constitution," yet the declarations either of a
State, or the people, " whether affirming or de-
nying the constitutionality of measures of the
federal government, or whether made before or
after judicial decisions thereon," cannot "be
deemed in any point of view an assumption of
tlie office of the judge ;" because, " the declara-
tions in such cases are expressions of opinions
unaccompanied with any other cfiect than
what they may produce on opinion, by excit-
i ing reflection ; " — whereas, " the expositions of
the judiciary are carried into immediate effect
I by force."

The Republicans who adopted the Resolu-
Itions of 1798, never contemplated carrying their
I expositions into cifect by force ; never contemplat-
Icd imparting to them the character of decisions,
lor decrees, or the legal determination of a ques-
Ition ; or of arresting by means of them the ope-
|ration of the acts they condemned. The worst
Vol. I.— 23

the enemies of the ri'.'<(ilutiiitii* iindirlouk to <ny
iif thi'in, wiiH that thiy Wfie iiitcni|H't'nt<>, aii>i
might niislend the |M>o]ile into dii'otMMlii-nci' of
tiie laws. Thin was hucriiJ.-irully cuiiibiktcil ;
but had it been true — hiul the author-t of tli<i
resolutions even intended any thing so baso, it
would still have been nothing <M)nipanibli' to
the crime of .Strife nuUilicatioii ; of phuiiig ll.<j
State itself in hostile array to the federal go\-
ernnient. Insubordination of individuals may
usuiilly bo overcome by ordinary judicial pro-
<ess, or by the posse of the county where it oc-
curs ; or even if so extensive as to n-quire tlic
l^ace-oHicers to bo aided by the military, it is
still bi.' a matter of police, and in our co\mtry
cannot endanger tho existence of t!>e povirii-
ment. Ilut the array of a Stale of the Union
against the federal authority, is icar — a war be-
tween powers — both sovereign in their resjiec-
tivo spheres — and that could only terminate in
the destruction of the one, or tho subjugation
and abasement of the othc.

But neither the one or the other of these crimes
was contemplated by the authors of the llesfdu-
tions of 1798. Tho remedies they claimed a
right to exercise are all pointed out in the con-
stitution itself; capable of application without
disturbing the processes of the law, or suggesting
an idea of insubordination ; remedies capable of
saving the liberties of the people and the rights
of the States, and bringing back the fedenvl gov-
ernment to its constitutional track, without a
jar or a check to its machinery ; remedies felt
to bo sufficient, and by crowning experience
soon proven to bo so. It is due to the memory
of those men and those times that their acts
should no longer be misconstrued to cover o
doctrine synonymous with disorganization and
civil war. The conduct both of the government,
and the people, on tho occasion of these resolu-
tions, show how far the}' were from any nullify-
ing or insubordinate intention; and this fur-
nishes us with another convincing proof of tho
contemporaneous interpretation of the resolu-
tions. So far (as Mr. Madison justly says )"
was the State of Virginia from countenancing the
nullifying doctrine, that the occasion was viewed
as a proper one for exemplifying its devotion to
public order, and acquiescence in laws which it
deemed unconstitutional, while those laws were
not repealed. The language of the Governor of

* Selections A'om the correspondence of Mndlson, |i. 899.

Xji

IIIIIITV YKAIIS' VIKW.

. \m\

' , .

'■%

111'' Miitc (Mr. .l;uiiis.M'>iiro«), in nitttcrto Mr.
Mmli^ori, in Miiy nml .liinc ' f IK'XI, will Bth-^t
tlic ' riiici|i|is itii<l foclin/s wliioli dictnti'*! tin-
roil r 1 iiiirxiKil on llii? ()<Ta>i<m,nii<l wlu'llur (lio
|k'<iii1l' iiihIitsIimmI till-' ri'MiliitiiMiH in any iiifliim
iiiatory or vicious mTiHc.

On llic I'ltli M'ly, iHOd. <l()vtTiior >[oni<ii'
writoM to Mr. .Miidisoii «m follow>:

" n(«i(li"<. I think then- in causL-to Hiis|K'ct tlic
MMlition law will 1«' ciirrii'il into i-llrct in tliin
Mati' at the a]p|in>ii<'liinf; fnlcnil ronrt, aii<l I '
iiii^rht to he tlieru (Kii'liniond) to aid in prcviiit- |

inv: troidili- I think it posriihlo an idea ,

may Iw cntcrlaiiii"! nl ojipositioii, an<l hy nieann '
whiTcof the fair prospect of the repuhliean |»arty
may Ik; overeju-^t. IJut in thiH they aredeeeive<l. i
as certain characterH in Kiehniond and some |
neifrhhorinp; counties ure already warneil of |
their danfier, s.> that an attempt to c.vcitc u hot- i
water insurrection will fail." I

And on the 4ili of Juno, 1800, he wrote again,
a.^ follows :

" The conduct of the people on this occasion
was exemplary, and does tin m the liifihe.st
honor. They seemed aware that the crisis de-
mamled of them a jiroof of their respect for law
and order, and resolved to show tliey were equal
to it. I am satisfied a dilferent conduct was ex-
j! 'ted from them, for every thing that could
^\:sdono to provoke it. It only remains that
l!: s business be clo ed on the part '>f the people,
rt it has been so far acted ; that the judge, ofter
t'nishing his career, go otf in peace, without cx-
iieriencing the slightest insult from any one;
and that this will be the cose I have no doubt."

Governor Monroe was correct in the supposi-
tion that the Kedition law would be carried into
effect, at the approaching session of the federal
court, and he was also right in tlie anticipation
that the people would know how to distinguish
between the exercise of means to procure the
repeal of an act, ar, 1 the exercise of violence to
stop its operation. The act was enforced ; was
" carried into effect " in their midst, and a fel-
low-citizen incarcerated under its odious pro-
visions, without a suggestion of official or other
interference. Thus we have the contemporane-
ous interpretation of the resolutions exemplified
and set at rest, by the most powerful of argu-
ments: by the impressive fact, that when the
public indignation was at its height, subsequent
to the resolutions of 1798, and subsequent to the
report of '99, and when both had been univer-
fcally disseminated and read, and they had had,
ivith the debates upon them, their entire influ-

fnw on th** public mi •■: ; ihat nt thnt mon.cnr,
the art of Conjrre^s agEiiUHt which tlii' n-.-inlulifiiK
Were chiefly niU' 1, atid tin- indiirtintion of tlu.
community <hietly kindlid, was then ami th, n,
iK.'iod into execution, nn<l that in a form— th,
v;._|Ust deprivation of a citizen of lii^ lilnTtv-^-
tlie most obnoxious to a free {leople, iiihI tln^ tnii«t
likely to rouse their opjHJsition ; yet quit t'v aiKJ
jieaceidily done, by the niniple, ordituiry ). oce(i«
of the fi'deral court. This fact, ko cieditahlv to
the ijcoplu of Virginia, is thus note) in the an-
iMial inesisagi' of (rovernor Monroe, to the genr-
ral as.-nnbly, at their ni.\l meeting, Itecciulur
1800:

" Fn connection with this subject [of the rrs<,-
liitioiis] it is proper to add. that, since yoi-- la^t
sestion, the sedition law, one of the act-- cotii
j)laini;l of, has men carried into (tlici in ilii,
commonwealth by the decision of a ti(lenil('(ii;i(.
I notice this cent, not with a view of censiirin.-
or criticising it. The tran.saction has gone in
the world, and the impartial will judge of it n-
it desecves. I not lee it for the purpo.se of re-
marking that the decision was executed witli the
same order and tranquil stihmission on the ym
if the jR-ople, as ctiiild h.-wt; been shown by thtiri
on a similar (xciision, lo any the most necessary,
constitutional ami popoular acts of the govtriV
ment."

Governor Monroe tlien adds his offieiul anil
personal testimony to the proper intent ami
character of the procee<lings of '98, '9, as follows ;

" The general a.^.^cmbly and the good people
of this commonwealth have acquitted themselvis
to their own consciences, and to their brethren
in America, in - upport of a cause wliich they
deem a national uuc, by the stand ,i hich they
made, and the sentiments they expres.scd of
these acts of the general government ; but they
have looked for a change in that respect, to a
change in the public opinion^ which ought toW
free ; not to measures of violence, discord and
disuuion, which they abhor."

CHAPTER LXXXVIII.

VIEGIXTA RESOLUTIONS OF 179S:-r)ISAnUSED OF
KULLIFICATION, BY THEIK AUTUOli.

ViNDicATKD upon their words, and upon con-
temporaneous interpretation, another vindica-
tion, superfluous in point of proof, but due to
those whose work has been perverted, nwait<
these resolutions, derived from the words uf

ANNO l*-:!!. AM'I'.KW JA( KSf)N. ri!l>inKNT.

35j

nt that monnnr,
I'h till' n-siilntifiiK
i(lii;nntion of tlm
R tliin ami ttn t>.
it in a form— th.
I of lii'* lilKTIy—
r>i>Io,iiiiil tlii>m<»t
r, jot (luiit'y ati'l
, onlinury ) hv^h
t so creilitiilili' tu

noti ' in tlicaii-
iirno, til thi' pi'tic-
eoting, l)i;ctiiilHT

ilijt'Ct [of the rcs'i-
iiit, since yoi- last
of flic acts com
into ciicci in ili;«
nof af'idi'nilror.ri.
I vifw of" cciisnriii.'
irfion Ims poiic in
will jiulpe of il ii-
tbc jjurpose (jf n-
4 executed with tla'
nisfiion on the iiurt
sen shown by them
:ho most iieccssury,
lets of the liovcrii-

1k his officiiil uml
propor intent aiKJ
f'yS, '9, as follows:

d the pood pcopit'

cqiiittedthenisclvis

to their brethren

cause which they

stand .ihich they

they expressed of

crnment ; but they

that respi'ct, to a

wh'ich ought to W

olence, discord ami

XXVIII.

79S:— DISABUSED OF
lElU AUTUOn.

rds, and upon enn-
another vindica-
r proof, but due to
n perverted, await<
from the words uf

• conceive
' '.> m-
was
rcso-

viifii th- \- were

-vl

'heir »"thor(afttT"«Tinjr fluir |xTMT(ti<in); and
;,, iit.''ilvr luiM-< If mid iu!* llf^<H•intc"« from tlio
.rinviiial abcunlity nttrlliufnl to tlicn.

'Ilii' nmlrm|Mirnrv <i['P<>nciiU of ihc Itcfiolu-
ij.iiiiof 17''H Huid all the evil of them, and n-
|Ti«cnfed tfuni in every odious li^dit, that por-
vcvcrinjr. keen and enli^ditcnd opponition rould
iliscover or imagine Their defenders hucccrh-
fiillv rcjK'lled the cIuip^'j.s then made apaini-t
thini ; but could not viii-iicate them fiom intend-
in.: the iiiodem doctrine of Nuliilication, because
th:it (lortrine had not tlien horn vented, and
the in;:enuity of tlieirailver>:iri
(if tlmt ground of attack
thor. however — the illuKtrion
still nliv I . when this new pcr^
iiitionsi had been invented, am
quoted to sustain doctrines synonynnms with
.iisorjjanization and disunion, lie was still alive,
m rclireuient on his fann. His modesty and
K'lw of propriety hindered him from carrying
the prestipe and inlluenco of his name into the
[Kilitics of the day ; but liis vifforous mind still
watched with anxious and patriotic interest the
current of publn; aflhirs, and rtcoiled with in-
i-tiuctive horror both from the doctrine and at-
ii inpted practice of Nullification, and the attempt-
eil connection of his name and acts with the ori-
p;i (ion of it. lie held aloof from the public
Cdiitesti but his sentiments were no secret. His
]!iviito correspondence, embracing in its ran^^e
ih^tinpuished men of all sections of thi I'nion
and of all parties, was full of the subject, from
the commencement of the Nullification excite-
ment down to the time of his death : sometimes
lit lenpth, andarfiumcntatively ; sometimes with
;i brief indipnai.t disclaimer; always earnestly
;mJ unequivocally. Some of these letters, al-
though private, -were published during Mr.
Madison's lifetime, especially an elaborate one to
.Mr. Kdward Everett ; and many of the remain-
der have recently been put into print, through
the liberality of a patrotic citizen of Washington
(Mr. J. Maguire), but only for private distribu-
tion, and hence not accessible to the public.
Tiicy are a complete storehouse of material, not

• Mr. Madison dlil not Introduce tlio KesoUitlons Into the
Virciuhi li;f:is)aturf. llo was not a meinbor of that body In
lTi'4. The resolutions were roiiorted by John Taylor, of Caro-
iiiip. Mr. Madison, liowover, was always ri'imtod to bo their
suthor, and In a letter to Mr. James Kobcrtson. written In
.March, 1*11, lie distinctly avows It. He was both the author
lad r»[«rter of the V.port and Kcsolulion onT99-l5liO.

only f'lr the vinihrnli>'n of .M:idi"<'iinnd Ins com*
|«<r<, from the diflrinc uf Nnllilicnlion. but t^
aru'uincnt and ren-nns n;.'iiin«t .Nulliticatioti and
e\ery kindred Hu^'gei>lii>n,

Krom the letter to ,Mr. Kmi it, pnMinhcd in
the North .\niencan licview, .-hortly iil'tcr it
was written (.Xucust, l.'^.ln) the following e: •
tracts are taken:

" It (the constitution of thi- I'liiied StaleK)wa.s
formed bv the .*^tates. that is. by the |k'ci|iI" in
each of the .Stiites. iicting in their hi)ihe>» i •
reign capneity ; mid I'urniid coiisei|iienlh' f>y il.i
same aiithoiity which formed the ."^tJ •■■ i-
tiilions.

'■ IJeing thus ilerived from the same .-.ourci i.
the ecnstitntions of the States, it has, within
each State, the sameaiilhurity as the con>titMtiiin
of the .State, and is as much a constitution in the
strict t'i'n^*' of the term within its prescribcil
sjihere, as the constitutions of the States me
within their respective spheres; but with this
obvious and essential flillerence, that being a
compact among the States in their highest
Bovereign capacity, and constituting the people
thereof one pi'ople for certain jmrposes, it cannot
be altered or annulled at the will of the Stales
individually, as the constitution of a State may
be at its intlividnal will."

" Nor is the government of the I'liited States,
created by the constitution, less a government
in the strict sense of the term, within the sjihere
of its powers, than the governments created by
the constitutions of the States aie. within their
several spheres. It is like them organized into
legislative, executive and judiciary departments.
It operates, like them, directly on j)ersons and
things. And, like them, it has at command u
physical force for executing the powers com-
mitted to it.

" Between these difl'erent constitutional go-
vernments, the one operating in all the Stati'S,
' the otheis operating .separately in each, with the
' aggregate powers of government divided between
tliem, it could not escape attention, that contro-
versies would arise concerning the boundaries
of jurisdiction."

'• That to have left a final decision, in such
cases, to each of the States, coidd not fail to
make the constitution and laws of the United
States dillerent in different States, was obvious.
and not less obvious that this diversity of inde-
pendent decisions, must altogether distract the
government of the Union, and speedily put an
end to the Union itself."

"To have made the decision under the au-
thority of the individual States, co-ordinate in
all cases, with decisions under the authority of
the United States, would tmavoidably produce
collisions incompatible with the peace of so-
i ciety."

I "To have referred every clashing decision,
J under the two authorities, for a final decision, to

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-i3 WIST MAIN STMET

WEBSTIR,N.Y. 145S0

(716)«72-4S03

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)

35G

TIIIUTY YF^VRS* VIEW,

the State* m pnrtics to the constitution, would
\n) attended with delnyH, witii inccmvcnitncea
and i'Xi)enseH, amounting to a prohibition of
tlio expedient."

'• To liave tniFtcd to ' nejtotiation ' for ndjust-
inp disputes l)ctween the povernment of the
Unitc<l States and the State povernments, as
between independent and separato sovereipnties,
woujfl liavc lost fipht altopether of a constitu-
tion and povernment of the I'nion, and opened
a direct road, from a failure of that resort, to the
ullima ratio, lietween nations wholly indejvn-

dent of, and alien to each other

Althotiph the issue of negotiation might some-
times avoid this extremity, how often would it
happen among so many States, that an unac-
commodating spirit in some would render that
resource unavailing 1 "

After thus stating, with other powerful rca-
Bons. why all those fanciful and impracticable
theories were rejected in the constitution, the
letter proceeds to show what the constitution
does adopt and rely on, " as a security of the
rights and powers of the States," namely :

" 1. The responsibility of the senators and
representatives in the legislature of the United
.States to the legislatiires and people of the
States: 2. The responsibility of the President
to the people of the United States ; and, 3. The
liability of the executive and judicial function-
aries of the United States to imp<>achinent by
the representatives of the people of the States
in one branch of the legislature of the United
States, and trial by the representatives of the
States, in the other branch."

And then, in order to mark how complete
these provisions are for the security of the
States, shows that while the States thus hold
the functionaries of the United States to these
several responsibilities, the State functiona-
ries, on the other hand, \n their appointment
and responsibility, arc "altogether indepen-
dent of the agency or authority of the United
States."

Of the doctrine of nullification, ''the expedient
jitely advanced," the letter says :

" The distinguished names and high authorities
which appear to have asserted and given a prac-
ticnl scope to this doctrine, entitle it to a respect
which it might be difScult otherwise to feel
for it."

■' T'he resolutions of Virginia, as vindicated in
the report on them, will be found entitled to an
exposition, showing a consistency in their parts,
and an inconsistency of the whole with the
doctrine under consideration."

" That the legislature could not have intend-
•d to sanction any such doctrine is to be infer-

red from the d<-batre in the House of Dtlcpatrg
The tenor of the debates, wliicti were My run.
ducted, discloses no nfercnce wlmttvcr to a
con: titutional npht in an individual State to ar-
rest by force a law of the United States."

"If any further liplit on the subject could lie
needed, a very strong one is reflected in the nn-
swers to the resolutions, by the Stati-s whidi

protested against them llail the

resolutions been regarded as avowing and main-
taining a right, in an individual State, t» arre>t
by force the execution of a law of the Unitid
States, it must be presumed that it would liuve
been a conspicuous object of their denuncia-
tion."

In a letter 4o Mr. Joseph C. Cabell, May 31.
1830, Mr. Madison says :

"I received yesterday yours of the 2C,ih.
Having never concealed my opinions of the nul-
lifying doctrines of South Carolina, I did not
regard the allusion to it in the H7m>, especially
as the mannei tf the allusion showed that I did

not obtrude it I have latterly

been drawn into a corresjiondence with an ad-
vocate of the doctrine, which led me to a review
of it to some extent, and particularly to a vin-
dication of the proceedings of Virginia in ITl'S,
"J9, against the misuee made of them. That
you may see the views I have taken of the altir-
rations of South Carolina, I enclose you an ex-
tract."

And in a letter to Sir. Daniel "Webster, writ-
ten a few days previously, he uses nearly the
same language ; as also in a letter in February,
1830, to Mr. Trist.

To Mr. James Robertson, March 27, 1831,
Mr. Madison writes as follows :

" The veil which was orignally over the draft
of the resolutions ofl'ered in 1798 to the Virpinia
Assembly having been long since removed, 1
may say, in answer to your inquiries, that it
was penned by me."

"With respect to the terms following tho
term ' unconstitutional,' viz., ' not law, but null,
void, and of no force or effect,' which were
stricken out of the seventh resolution, my
memory cannot say positively whether they
were or were not in the original draft, and no
copy of it appears to have been retained. On
the presumption that they were in the draft as
it went from me, I am confident that they mu.-t
liave been ri'garded only as giving accumulated
emphasis to the declaration, that ths alien and
sedition acts had, in the opinion of the assem-
bly, violated the constitution of the United
States, and vol that the addition of them could
annul the acts or sanction a resistance of them
The resolution was expressly declaratory, and.
proceeding from the legislature only, which w.i;
not even a party to the constitution, could b«
declaratory of opinion only."

AXXO 1833. AN^»RKW JACKSOS. nuyiDF.XT.

357

C. Cabull, May 31,

terms following the
B., ' not law, but null.

To Jo8t<p'> C. Cabell, Si-pt, 10, 18.31 : '

• [ conjxratiilftto yoii on the event which r--
itons you to the piiblic councils, where your
si rvices will Ikj valuable, lurticularly in fkfend-
inir tlie coniitilution and tniun a);ain»t the false
(liictrines which assail them. Tiiat of nullifica-
tion seems to \to generally abamloned in Vir-
piiiia, by those wlio had most leaninj; towanls
it. But it still flourishes in the hot-bed where
it .«prun{? up."

• I know not whence the idea could proccwl
that I conoirri'd in the doctrine, that nlthouph
a State could not nullify a law of the Union, it
liji'l a ripht to secede from the Union. Both
>l)nug from the same poisonous root."

To Mr. N. P. Trist, December, 1831 :

'■ I cannot see the advantapo of thi.s persc-
Torance of iSouth Carolina in claiming the an-
tiuiiity of the Virginia proceedinjrs in 1708, '!)!),
as asserting a right in a single ^tate to nullify
an act of the United States. Where, indeed, is
tiie fairness of attempting to palm on Virginia
ail intention which is contradicted by such n
viiric'ty of contradictory proofs ; which has at
no intervening jicriod, received the slightest
countenance from her, and which with one voice
.she now disclaims ?"

"To view the doctrine in its true character,
it must be recollected that it asserts a right in a
sinu'Ie State to stop the execution of a federal
l:av, until a convention of the States could be
brought about by a process requiring an uncer-
tain time ; and, finally, in the convention, when
formed, a vote of seven States, if in favor of the
veto, to give it a prevalence over the vast ma- \
jority of seventeen States. For this prcpos- j
ttrous and anarchical pretension there is not a |
shadow of countenance in the constitution ; and i
well that there is not, for it is certain that, with
Hiich a deadly poison in it, no constitution could '
ha sure of lasting a year." j

To Mr. C. E. Haynes, August 2G, 1832 :

" In the very crippled and feeble state of m}'
health, I cannot undertake an extended answer to
your inquiries, nor should I suppose it necessary
if you have seen my letter to Mr. Everett, in
August, 1830, in which the proceedings of Vir-
pinia, in 1798--'l)9, were e.\"[»lained, and the novel
doctrine of nullification adverted to.

'•Tlie distinction is obvious between such
interpositions on the part of the States against
unjustifiable acts of the federal government as
are withiu the provisions and forms of the con-
stitution. These provisions and forms certainly
ilo not embrace the nullifying process pro-
claimed in South Carolina, which logins with a
Kingle State, and ends witli the ascendency of a
minority of States over a majority ; of seven
over seventeen ; a federal law, during the pro-
cess, being arrested within the nullifying State ;
and, if a revenue law frustrated through all the
'^ tales."

To Mr. Trint. December 2.1, 1S3J:

"If one State can, at will, withdraw ficm tins
otlHTs, the othiT.H can, at will, withdraw fn lu
h'T. and turn her nnl-'iitiin fitrntmi out of tl,i'
Union. Until of hite, thtre is not a State that
would have abhorred such a doctrine more than
South C.-irolina, or more dreailtd an applic»ti<>n
of it to herself The same may Ik? miid of the
doctrineofniillificatioti which she now preaches ;ih
the only faith by which the Union can be Raved."

In a letter to Mr. Joseph C. Cal)ell, Decembt r
28, 1832 :

" It is not probable that (in the adoj)tion of
the resolutions of 1798), such an idea as the
South Carolina nullification had ever entercl
the thoughts of a sinirle member, or even th:;t
of a citizen of South Carolina herself"

To Andrew Stevenson, February 4, 1833 :

"I have received your commimication of the
20th iltimo. and have n-ad it with much plea-
sure. It presents the doctrine of nullification
and secession in light,^ that nnist confound, S
failing to convince their patrons. Yt/u have
done well in rescuing the proceedings of Vir-
ginia in 1798-"00, from the many uiiseonstruc-
tions and misapplications of them."

"Of late, attempts are observed to shelter the
heresy of secession under the cuse of expatrii.tion,
from which it essentially ditlers. The expatria-
ting party removes only his person and his nu)v-
able properly, and does not incommode those
whom ho leaves. A seceding State mutilates
the domain, and disturbs the whole system from
which it separates itself. Pushed to the e.vtent
in which the right is sometimes as.serted, it
might break into fragmenti every single com-
munity."

To Mr. Stevenson, February 10, 1833, in refer-
ence to the South Carolina nullifying ordinance :

" I consider a successful resistance to the laws
as now attempted, f not immediately mortal
to the Union, as at le.vst a mortal wound to it."

To " a Friend of the Union and State rights,"
1833:

"It is not usual to answer communications
without proper names to them. But the ability
and motives disclosed in the e.-'ssays induce mo
to say, in compliance with the wish expressed,
that I do not consider the i)roceetling8 of Vir-
ginia, in 1708-00, as countenancing the doctrine
that a Stato niay, at will, secede from its con-
stitutional compact w ith the other States."

To Mr. Joseph C. Cabell, April 1, 1833 :

" The attempt to prove me a nullifier, by a
miaconstruction of the resolutions of 1708-'00,

.;-4 -^j 'i ' ■

:fe.-

U--

338

THIRTY YEARS' VIEW.

.i'sr.

tiioii(;h so often Rml «o Jntily corrected, was, I
oltherve. renewed Kome days iijro in the ' llich-
inond Whifr,' by an inference from an erasure
ill the House of Delegates from one of those
rcsohitions, of the words 'are null, void and of
iioeUect.' wliich followed the word 'unconsti-
tutional.' These words, though synonymous
with ' unconstitutional,' were alleped by the
critic to mean nullificsition ; and beinjr, of course,
ii<crihed to me, I was, of course, a nullifier. Jt
Seems not to have occurred, that if the insertion
of the words could convict me of beinji a nulli-
fier, tho erasure of them (unanimous, I believe),
hy the legislature, was the strongest of protests

njrainst the doctrine The vote, in

that case seems not to have enpiped thcattentiou
due to it. It not merely deprives South Caro-
lina of the authority of Virpuia, on which she
lias relied and exulted so much in support of
her cause, but turns that authority iwintcdly
against her."

From a memorandum " On Nullification,"
written in 1835-'o() :

" Althouph the legislature of Virginia declared,
at a late session, almost unanimously, that South
Carolina was not supported in her doctrine of
nuUilication by the resolutions of 1798, it ap-
IHjars that those resolutions are still appealed
to as expressly or constructively favoring the
doctrine."

'• And what is the text in the proceedings of
Virpinia which this spurious doctrine of nullifi-
cation claims for its patronage ? It is found in
the third of the resolutions of 1798."

'' Now is there any thing here from which a
' single ' State can infer u right to arrest or
annul an act of the general government, which
it may deem unconstitutional ? So far from it,
that the obvious and proper inference precludes
such a right."

" In a word, the nullifying claims, if reduced
to practice, instead of l)eing the conservative
principle of the constitution, would necessarily,
and it may be said, obviously, bo a deadly
poison."

•' The true question, therefore, is, whether
there bo a ' constitutional ' right in a single State
to nullify a law of the United States ? We have
seen the absurdity of such a claim, in its naked
and suicidal form. Let us turn to it, as modified
by South Carolina, into a right in everj' State
to resist within itself the execution of a federal
.aw, deemed by it to be unconstitutional, and to
demand a convention of the States to decide the
question of constitutionality, the annulment of
the law to continue in the mean time, and to be
j)ermanent unless three fourths of the States
concur in overruling the annulment.

•' Thus, during the temporary nullification of
the law, the results would be the same as those
proceeding from an unqualified nullification, and
the result of a convention might be that ."ieven
out of twenty-four States might make the tem-

, pomry result-* p«'nnanent. It follows, that anv
State which could <.'i>tnin the concunx-noe of mx
others, might abrogate any law of the I nitcil

j States whatever, and give to the constitution.

I constructively, any shape they plrased, in op]Xi-

I sition to the construction and will of the otlu r
seventeen.* Every feature of the coustitutiim
might thus be successively changed ; and ulu r
a scene of unexampled confusion and distraction,
what had been uiianinioiisly agreed to as a
whole, would not, as a whole, be agreed to by a
single party."

To this grap)hic picture of the disorders whidi
even the first stages of nullification would nice.s-
sarily produce, drawn when the graphic limner
was in the eighty-sixth and last year of his life.
the following warning pages, written only a feu-
months earlier, may be properly appended :

" What more dangerous than nullification, or
more evident than the progress it continues to
make, either in its original shn])c or in the di,'.-
guises it assumes 1 Nullification has the cfllct
of putting powder under the constitution ami
Union, and a match in the hand of every party
to blow them up, at pleasure. And for its pro-
gress, hearken to the tone in which it is now
preached ; cast your eyes on its increasing mi-
norities in most of the Southern States, without
a decrease in any one of th.cni. Look at Vir-
ginia herself, and road in the gazettes, and in
the proceedings of popular meetings, the figure
which the anarchical principle now makco, in
contrast with the scouting reception given to it
but a short time ago.

" It is not probable that this ofl'spring of the
discontents of South Carolina will ever approach
success in a majority of the States. But a sus-
ceptibility of the igion in the Southern
States is visible ; ; o danger not to be con-
cealed, that the sy j Jiy arising from known
causes, and the incnlcatcd impression of a per-
manent incompatibility of interests between t!ie
South and the North, may put it in the power
of pof alai* leaders, aspiring to the highest sta-
tions, to unite the South, on some critical occa-
sion, in a course that will end in creating a ucw
theatre of great though inferior extent. In
pursuing this course, the first and most obvious
step is nullification, the next, secession, and tlie
last, a farewell separation. How near has this
course been lately exemplified ! and the danger
of its nicurrence, in the same or some other
quarter, may be increased by an increase of rest-
less aspirants, and by the increasing impracti-

• The Rbore was written wlien the niinibor of the States vu
twenty four. Now, when there are thlrty-ono Slates, the \tT*
portion would Im) eight to tKenly-thre* ! that Is, that a singli)
State nullifying, the iiulllfleatlon would hold gixHl till a cim-
vention were called, and then if the nullifyins; State could
procure seven others to ,joln, the null fleation would beooDM
absolute— the eli;ht States overruling the tweuty-tbree.

A>'XO 1833. ANDREW JACKSOX, rRR*IDKXT.

359

nunibur of tlio States wis
lilrty-one Sifttta, the jiru-
rtf ! tlmt If, tliat a slnglt)

rability of rctftininf; in Ui« Union a larp> and
(inifiitcd section a^'aint«t its will. It may, in-
(jittl, ha|)iK'n, that a rvturn of dHn;:c-r fmni
abroad, or a revived apprehension of danger at
homo, may aid in binding tho States in one yrnW-
Ileal systfin, or that the peofrrnphical and com-
nicaiul li(;ature8 may have that ctll-ct, or that
the present discord of interobts iHitween the
North and tho South may );ive way to a los.s
diversity in tho application of labor, or to the
mutual adrantafse uf a safe and constant inter-
liianpc of tho dilTerent products of labor in dif-
llrcnt sections. All this may happen, and with
the exception of foreign ho.stility. hoped for.
Hut, in the mean time, local pn>judiccs and am-
bitious leaders may be but too successful in
linding or creating occasions for the nullifying
i'xp<!i'iment of breaking a more beautiful China
vase* than the British empire ever was, into
parts which a miracle only could reunite."

Incidentally, Mr. Madison, in these letters,
vindicates also Iiis compeers, Mr. Jefferson and
Mr. Monroe. In the letter to Mr. Cabell, of
May 31, 1830, ho says:

^ You will see, in vol. iii., page 429, of Mr.
Jefferson's Correspondence, a letter to W. C.
Nicholas, proving that ho had nothing to do with
the Kentucky resolutions, of 171)9, in which the
word 'nullification' is found. The resolutions
of that State, in 1798, which were drawn by
iiira, and have been republished with the pro-
ceedings of Virginia, do not contain this or any
cijuivalent word."

lu the letter to Mr. Trist, of Dr-embcr, 1831,
lifter developing U some length the inconsisten-
cies and fatuity of the " nullification preroga-
tive," Mr. Madison says :

" Yet this has boldly Bouglit a sanction, under
tlic name of Mr. Jefferson, because, in his letter
to Mr. Cartwright, he held out a convention of
the States as, with us, a peaceful remedy, in
cases to be decided in Eurojie by intestiae wars.
Who can believe that Mr. Jefferson referred to
a convention summoned at tho plea.sure of a
single State, with an interregnum during its de-
liberations ; and, above all, with a rule of deci-
Bion subjecting nearly three fourths to one
fourth ? No man's creed was more opposed to
such an inversion of the republican order of
things."

In a letter to Mr. Townsend of South Caro-
lina, December 18, 1831 :

" You ask ' whether Mr. Jefferson was really
Ihe author of tho Kentucky resolutions, of
1799;' [in which tho word 'nullify' is used,
though not in the sense of South Carolina nul-
lification.] The inference that he was not is

* 8«e Fraokltii'i letter to Lord Iluwe, in IT'S.

I as conclusive a.s it is obviou-x, from his lotti-r to
I ('i»l. Wilson L'ary Nichojim, nf .SptcmUr .'>,
I 17W'.>, in which he expressly <leclines, for nusonn
stati'<l, preparing any thing for the legislutun>
of (hat year.
I '• 'lliat he (Mr. Jefferson) ever asserted n
rinht in a single State to arrest the execution
j of an act of Congress — the arrest to he valid
I anil j)ermanent, unless reversed by three fonrths
I of the States — iscountenanwd by nothing known
I to have been said or done by him. In his letter
to JIajor Cartwright, he refers to a convention
I a.s a jieaceable remc«ly for conflicting claims of
' power in our conn)oun<l government ; but,
whether he alluded to a convention as prescribecl
by the constitution, or brought about by any
other mode, his respect for the will of majori-
ties, OS the vital principle of republican govern-
ment, makes it certain that he could not have
meant a convention in which a minority of seven
State.^ was to prevail over seventeen, cither in
amending or expounding the constitution."

In the letter (before quoted) to Mr. Trist, De-
cember 23, 1832 :

" It is remarkable how closely the nulliliers,
who make the name of Mr. Jefferson the pedes-
tal for their colossal heresy, shut their eyes
and lips whenever his authority is ever so clearly
and emphatically against them. Y^ou have no-
ticed wliat he says in his letters to Monroe and
Carrington, pages 43 and 302, vol. ii., with re-
spect to the powers of the old Congress to coerce
delinquent States, and liis reasons for preferring
for the purpose a naval to a military force ; and,
moreover, that it was not necessary to find u
right to coerce in the federal articles, that being
inherent in the nature of a compact."

In another letter to Mr. Trist, dated August
25, 1834 :

" The letter from Mr. Monroe to Mr. Jeffer-
son, of which you inclose an extract, is impor-
tant. I have one from Mr. Monroe, on the satr.o
occasion, more in detail, and not less emphatic
in its anti-nuUifying language."

In tho notes " On Nullification," written in
1835-'G:

"The amount of this modified right of nulli-
fication is, that a single State may arrest thu
operation of a law of the United States, and in-
stitute a process which is to terminate in the
ascendency of a minority over a large majority.
And this new-fangled theory is attempted to be
fathered on Mr. Jefferson, tho apostle of repub-
licanism, and whoso own words declare, that
' acquiescence in the decision of tho majority is
the vital principle of it.' Well may the friends
of Mr. Jefferson disclaim any sanction to it, or
to any constitutional right of nullification from
his opinions."

sno

THIRTY YEARS' VIEW.

;i- :«

In n pnpi'r drawn by >f r. Madinon, in Sejitcm-
K r. 1821», when liis anxieties bepnn first to Ins
(liwt'irlK'd by the portentous approach of the
nulliflrntion doctrine, ho conchidos with this
canicst a<hnonition, appropriate to the time
when it was written, ond not less bo to the pre-
V'nt time, and to posterity :

" In all the views that may ho taken of ques-
tions hetwecn the State govcmments anri the
/general povernment, the awful conscfiucnces of
a final rupture and disf-olution of tlic Union
chould never for a moment be lost sight of.
Such a prospect must l)e dcprecate<l — must be
shuddered at by every friend of hia country, to
liberty, to the happiness of man. For, in the
event of a dissolution of the Union, an impos-
sibility of ever renewing it is brought homo to
every mind by the difficulties encountered in es-
tablishing it. The propensity of all communi-
ties to divide, when not pressed into a unity by
"xiernal dangers, is a truth well imderstood.
There is no instoncc of a people inhabiting even
a small island, if remote from foreign danger,
and sometimes in spite of that pressure, who
are not divided into alien, rival, hostile tribes.
Tiie happy union of these States is a wonder ;
their constitution a miracle ; their example the
hope of liberty throughout the world. Wo to
the ambition that would meditate the destruc-
tion of either.,"

These extracts, voluminous as they arc, are
far from exhausting the abundant material which
these admirable writings of Mr. Madison contain,
on the topic of nullification. They come to us,
fiir our admonition and guidance, with the so-
lemnity of a voice from the grave ; and I leave
them, without comment, to be pondered in the
hearts of his countrymen. Notwithstanding
the advanced age and growing bodily infirmities
of Mr. Madison, at the time when these letters
were written, his mind was never more vigorous
i\or more luminous. Every generous mind must
sympathize with him, in this necessity, in which
ho felt himself in his extreme age, and when
done, not only with the public aflairs of the
country, but nearly done with all the affairs of
the world, to defend himself and associates from
the attempt to fasten upon him and then,, in
spite of his denials, a criminal and anarchical
design — wicked in itself, and subversive of the
government which he had labored so hard to
found, and utterly destructive to that particular
feature considered the crowning merit of the
sonstitution ; and which wise men and patriotic
had specially devised to save our Union from
the fate of all leagues. We sympathize with

j him in such a necessity. Wc shonld fwl fo.
j any man, in the most ordinary caw, to » h<>^
I worrls a criminal intention should tw imputcil
I in defiance of his disclaimers ; but, in the ra>«
; of Mr. Madison — a man so modest, so pure, m
' just — of such dignity and gravity, both for hii
age, his personal qualities, and thecxaltedofflcM
which he had held ; and in a case which went
to civil war, and to the destruction of a govern-
ment of which he was one of the most faithful
and zealous founders — in such a case, an attempt
to force upon such a man s meaning which hi
disavows, becomes not only outrageous and
odious, but criminal and impious. And if^ aftir
the authentic disclaimers which ho has made in
his advanced age, and which aro now published
any one continues to attribute this heresy to
him, such a person must be viewed by the pub-
lic as having a mind that has lost its balance !
or, as having a heart void of social duty, and
fatally bent on a crime, the guilt of which muf^t
be thrown upon the tenants of the tomb-
speechless, but not helpless ! for, every just man
must feel their cause his own ! and rush to a
defence which public duty, private honor, patri-
otism, filial afibction, and gratitude to benefac-
tors impose on every man (born wheresoever
he may have been) that enjoys the blessings of
the government which their labors gave us.

CHAPTER LXXXIX.

THE AUTHOR'S OWN VIEW OP THE NATURE OP
OUR GOVERNMENT, AS BEING A UNION IN COS.
TRADI9TINCTI0N TO A LEAGUE: PRESENTED
IN A SUBSEQUENT SPKECU ON MISSOURI RESO-
LUTIONS.

I 00 not discuss these resolutions at this time.
That discussion is no part of my present object.
I speak of the pledge which they contain, and
call it a mistake ; and say, that whatever may
be the wishes or the opinions of the people of
Missouri on the subject of the extension or non-
extention of slavery to the Territories, they
have no idea of resisting any act of Congress on
the subject. They abide the law, when it comes,
be it what it may, subject to the decision of the
ballot-box and the judiciary.

I concur with the people of Missouri in this
view of their duty, and believe it to be the only

ANNO 1833. ANDREW JACKSOX, PRESIDENT

3G1

's ; but, in tliu rxv*

OP TOE NATURE OP

[NO A UNION IN COS-

EAGUE: PKE8ENTEI)

ON MISSOUBI BE8U-

fouW consistent with the tcmj,< and intention |
if our constitution, anil the only one which can ^
k.ivo this Union from the fate of all the confed- J
iniciif" which have succes.sivily apin-areil and
ilsappearcd in the history of nations. Anarchy i
ainonp the mcntljers, and not tyranny in the
hcaiL hw ^" ^^^ ^'^^ "" which all such con- •
fL'deracicB have split. The authors of our present '
f .rm of povemmcnt knew the danger of this i
pick, and they endeavored to provide against it.
Tliey farmed a Union — not a league — a federal
liirislature to act upon persona, not upon States;
and they provided peaceful remedies f<>r all the
questions which could arise between the people
and the government. They provided a federal
judiciary to execute the federal bws when found
to be constitutional ; and popular elections to re-
peal them when found to be bad. They formed a
covemmcnt in which the law and the popular will,
und not the sword, was to decide questions ; and
thev looked upon the first resort to the sword
fur the decision of such questions as the death
of the Union.

The old confederation was a league, with a
legislature acting upon sovereignties, without
power to enforce its decrees, ond without union
except at the will of the parties. It was power-
less for government, and a rope of sand for
union. It was to escape from that helpless and
tottering government that the present constitu-
tion was formed ; and no less than ten numbers of
tlie federalist — from the tenth to the twentieth
—were devoted to this defect of the old system,
find the necessity of the new one. I will read
seme extracts from these numbers — the joint
product of Hamilton and Madison — to show the
difference between the league which we abandon-
ed and the Union which we formed — the dangers
of the former and the benefits of the latter — that
it may be seen that the resolutions of the gene-
ral assembly of Missouri, if carried out to their
ronclusions, carry back this Union to the league
of the confederation — make it a rope of sand,
and the sword the arbiter between the federal
head and its members.
Mr. B. then read as follows :
" The great and radical vice, in the structure
I of the existing confederation, is in the principle
j of legislation for States or governments, in their
' Mrporate or collective capacities, and as contra-
distinguished from the individuals of which they
I consist. Though this principle does not run

through ail the powers dclopnted to the Union,
yet it pri'vades and governs th'i*e on which tlio
flllcary of the n-st deiK'n'!.-". Tin* conactiuonro
of this in, that, thoiifrh in theory constitutionally
binding on the niemlK'rs of the Union, yet in
practice they are mere rceoinnuiKliitiniis, which
the States obscn'o or disrefianl at tlieir option.
Government implies the j)ower of making laws.
It is essential to the idea of a law that it be at-
tended with a sanction, or, in other wonls, ii
penalty or punishment fur disobedience. This
penalty, whatever it may bo, can only be inlliet-
cd in two ways — by the agency of the courts
and ministers of justice, or by military force; by
the coercion of the magistrnc}', or by the co-
ercion of arms. The first kind ciin evidently
apply only to men ; the last kind must of ne-
cessity bo employed against bodies politic, or
communities, or States. It is evident there is
no process of a court by which their observance
of the laws can, in the last resort, be enforced.
Sentences may be denounced against them for
violations of their duty ; but these sentences can
only be carried into execution by the sword. In
an association where the general authority is
confined to the collective bodies of the commu-
nities that compose it, every breach of the laws
must involve a state of war ; and military execu-
tion must become the only instrument of civil
obedience. Such a state of things can certainly
not deserve the name of government, nor would
any prudent man choose to commit his happi-
ness to it."

Of the ccrtam destruction of the Union when
the sword is once drawn between the members
of a Union and their head, they speak thus :

*' When the sword is once drawn, the passioas
of men observe no bounds of moderation. The
Buggcstioni of wounded pride, the instigations
of irritated resentment, would be apt to carry
the States, against which the arms of the Union
were exerted, to any extremes necessary to
avenge the afiront, or to avoid the disgrace of sub-
mission. The first war of this kind would pro-
bably terminate in a dissolution of the Union."

Of the advantage and facility of the working

of the federal system, and its peaceful, eflBcient,

I and harmonious operation — if the federal laws

are made to operate upon citizens, and not upon

' States — they speak in these terms :

" But if the execution of the laws of the na-
i tional government should not require the inter*

*'S'- ■'!

■■m

.■^'^ ''.'.%

362

TnmiT TEAKS' VIEW.

rent ion of the State loRisIaturos j if they wore
to puNs into imniediato oporation upon the citi-
ztiiH thiinstlvcM, the particular f^jvernmcnts
coulil not interrupt their progress without an
open and violent exertion of unconstitutional
|)Ower. 'J'liey would Ijc ohli^jed to act, and in
Hiich manner as would leave no doubt that they
had encroached on the national ri(;ht.s. An ex-
periment of this nature would always be hazard-
ous in the face of a constitution in any degree
competent to its own defence, and of a people
cnlightencil enough to distinguish between a
legal exercise and an illegal usurpation of au-
thorit)'. The success of it wi^uld require not
merely u factious majority in the legislature, but
the concurrence of the courts of justice, and of
the body of the people. If the judges were not
embarked in a conspiracy with the legislature,
they would pronounce the resolutions of such a
majority to be contrary to the supreme law of
the land, unconstitutional and Toid. If the peo-
ple were not tainted with the spirit of their State
representatives, they, as the natural guardians
of the constitution, would throw their weight
into the national scale, and give it a decided
preponderance in the contest."

Of the ruinous effects of these civil wars
among the members of a republican confedera-
cy, and their disastroqs influence upon the cause
of civil liberty itself throughout the world, they
thus speak :

" It is impossible to read the history of the
petty republics of Greece and Italy, without
feeling sensations of disgust and horror at the
distractions with which they were continually
agitated, and at the rapid succession of revolu-
tions by which they were kept continually vi-
brating between the extremes of tyranny and
anarchy. From the disorders whic.i disfigure
the annals of those republics, the advocates of
despotism have drawn arguments, not only
against the forms of republican government,
but against the very principles of civil liberty.
They have decried all free government as incon-
sistent with the order of society, and have in-
dulged themselves in malicious exultation over
its friends and partisans."

And again they say :

" It must carry its agency to the persons of
the citizens. It must stand in need of no inter-
mediate legislation ; but must itself be empow-
ered to employ the arm o*" the ordinary magis-

trate to execute its own resolutions. The nm.
jesty of the national authority must be nianj.
fested through the medium of the courts of Juk-
tioe."

After reoding these extract", Mr. II. said ;
It was to get rid of the evils of the old confii].
eration that the pre.sent Union was formid ■
and, having formed it, they who formed it uii.
dertook to make it perpetual, and for that pur-
pose had recourse to all the sanctions hcM
sacred among men — commands, prohibitions,
oaths. The States were forbid to form com-
pacts or agreements with each other j the con-
stitution. and the laws made in pursuance of It,
were declared to bo the supreme , law of the
land ; and all authorities. State fmd federal.
legislative, executive, and judicial, were to lx>
sworn to support it. The resolutions whicii
have been read contradict all this ; and the Gen-
eral Assembly mistook their own powers u
much as they mistook the sentiments of the
people of Missouri when they adopted thcra.

CHAPTER XC.

PUBLIC LANDS :-DISTRIBUTION OF PROCEEDS.

Mr. Clav renewed, at this session, 1832-'33,tlie
bill which he had brought in the session befoiv,
and which had passed the Senate, to divide the
net proceeds of the sales of public lands among
the States, to be applied to such purposes as the
legislatures of the respective States should thinlt
proper. His principal arguments, in favor of
the bill, were : first, the aid which the distribu-
tion would give to the States, in developing
their resources and promoting their prosperity;
secondly, the advantage to the federal govern-
ment, in settling the question of the mode of
disposing of the public lands. He explained bis
bill, which, at first, contained a specification of
the objects to which the States eiiould apply the
dividends they received, whicli was struck out,
in the progress of the bill, and stated its provi-
sions to be :

"To set apart, for the benefit of the new
States, twelve and a half per cent., out of the
aggregate proceeds, in addition to the five per
cent., which was now allowed to them by cflm-
pact, before any division took place among the

ANNO 1833. ANDUKW JACKSON. I'la^IDKNT,

SC3

lUTION OF PU0CEED9.

! benefit of the new
' per cent., out of the

S'»tei p'ner»lly. It wiw thud proposcMl to aa-
. n ill '1"' '''■■^' r''"'^'! M'ventifii ami a half per
i,',tl ti) tlif iii'W StatuH, mid then to divide the
hIidIo (if the residue among the twenty-four
vtstw. And, in order to do away any inetjuaiity |
■xitin\i tiie new States, prants are »|)ecdicallv |
I la'Ii' I'y the hill to those who hud not received, i
1„ n tiifi)re. ns much lantls an the reot of the new I
I Jj^iton, from the pencnd government, po an to
iiMt all the new StateH on an equal footing. Thi.s I
I til five ami ft half per cent, to the new States, I
i„ be at their disposal, for cither education or
iiiHrnal improvcnK'nt, and the residue to be at
till' disposition of the States, subject to no other
liinitntion than this : that it shall Iks at their
(iptiun to apply the amount received cither to
I the purposes of education, or the colonization of
I'm people of color, or for internal improve-
imnt.'', or in debts which may have been con-
tracted for internal improvements. And, with
risFC' to the duration of this scheme of distri-
liution ])roposed by the bill, it is limited to five
I viars, unless hostilities shall occur between the
llnitctl States and any foreign power ; in which
Invent, the proceeds are to bo applied to the car-
Irving on such war, with vigor and efiect, against
jaiiv common enemy with whom wo may bo
I brought in contact. After the conclusion of
Iwace.and after the discharge of the debt created
liv any such war, the aggregate funds to return
|i ] tliat peaceful destination to which it was the
liiitontion of the bill that they should now be
(directed, that is, to the improvement of the moral
Lnd piiysical condition of the country, and the
Iproraotion of the public happiness and pros-
Ijierity."

lie then spoke of the advantages of settling
Itlic question of the manner of disposing of the
public lands, and said :

•The first remark which seemed to him to be
Icallcd for. in reference to this subject, was as to
She expediency, he would say the necessity, of
Its immediate settlement. On this point, ho was
happy to believe that there was a unanimous
concurrence of opinion in that body. However
kliey might difier as to the terms on which the
Distribution of these lands should be mode, they
1 agreed that it was a question which ought to
'. promptly and finally, he '. ,ed amicably, ad-
Ijustcd. No time more favorable than the pre-
•ent moment could be selected for the settlement
\( this question. The last session was much
ess favorable for the accomplishment of this
bbject ; and the reasons were sufliciently obvi-
pis, without any waste of time in their specifi-
ation. If the question were not now settled,
but if it were to be made the subject of an an-
pial discussion, mixing itbclf up with all the
neasures of legislation, it would bo felt in its
nfiuence upon all, would produce great dissen-
jions both in and out of the House, and afiect
Ixtcnsively all the great and important objects
Vhich might be before that body. They had

had, in the several States, some cxp<rienco on
that subject; and. without going into any lif-
tails on the subject, he would merely state ihut
it was known, that, fi>r a long |)eriod, the »>ni:ill
amount of the iniblie doinaiii jMissessed by some
of the States, ni comparivson with the i|iii\iitity
possessed by the giiieral goveriinient. Imd Ueii
a cause of great agitation in the puhlie mind,
and IumI greatly inttueneed the course of lej:i>lii-
tion. I'ersonH coming from the (juarter <>{' (ho
State in which the public land was hitimteil,
united in sympathy and interest, constititted al-
ways a body who acted together, to promote
their common object, cither by donations t >
settlers, or reduction in the price of the publi<!
lands, or the relief of those who are debtors for
the public domain ; and were always ready, ns
men always will be, to second all those measures
which look towards the accomplishment of the
main object which they have in view. So, if
this question were not now settled, it would Ikj
a source of inexpressible difficulty hereafter, in-
fiuencing all the great inten>sts of the country,
in Congrcs.s, afi'ecting gnat events w ithout, an(l
perhaps adding another to those unhappy causes
of division, which unfortunately exist at this
moment."

In his arguments in support of his bill, Mr.
Clay looked to the lands ns a source of revenue
to the States or the federa' government, from
their sale, and not from .heir settlement and
cultivation, and the revenue to be derived from
the wealth and population to which their settle-
ment would give rise ; and, concluding with an
encomium on his bill under the aspect of ruvt^nuc
fromisalcs, ho said:

" He could not conceive a more happy dispo-
sition of the proceeds of the public lands, than
that which was provided by thli bill. It was
supposed that five years wou' I bu neither too
long nor too short a period fori, at experiment.
In case a war should break out, v o may with-
draw from its peaceful destination a sum of from
two and a half to three and a half millions of
dollars per annum, and apply it to a vigorous
prosecution of the wai' — a sum which would pay
the interest on sixty millions of dollars, which
might be required to sustain the war, and a sum
which is constantly and progressively increasing.
It proposes, now that the general government
has no use for the money, now that the surplus
treasure is really a source of vexatious embar-
rassment to us, and gives rise to a succession of
projects, to supply for a short time a fund to
the States which want our assistance, to advance
to them that which we do not want, and which
they will apply to great beneficial national pur-
poses ; and, should war take place, to divert it
to the vigorous support of the war ; and. when
it cc-iscs, to apply it again to its peaceful pur-
poses. And thus we may grow, from time to

IT f

I' ',

• if"

if R .

3C4

TIIIUTV YEARS' VIKW.

fi lil

m »i

;

! 1
1

: i

tirnc, with a fund tvliich will endure for opd-
tiiri«'H, and wiiich will augment with the in-owtli
ol thu nation, nidin;; the .StatvH in Hi'UHonH of
(jciKv, and HnxUinin^ tlio gunoni gowmnicut in
ixriods of war."

Mr. Culhoun deprecated this distrihntion of
the land money as being dangerous in itudf and
imconHtitntionnl, and oh leading to the distribu-
tion of other revenue — in which he was pro-
phetic, llo said :

" lie could not yield his assent to t! o mode
which this bill proposed to settle the agitated
queHtion of tlie public lands. In addition to
several objections of a tninor character, he had
an inKU|HTuble objection to the leading principle
of the bill, which proposed to distribute the
procei'ds of the lands among the States. He
iielieved it to bo both dangerous and unconsti-
tutional. IIo could not assent to the principle,
that Congress had a right to denationalize the
public funds. IIo agreed that the objection was
not so decided in cose of the proceeds of lands, as
in that of revenue collected from taxes or duties.
The senator from Ohio had adduced evidence
from the deed of cession, which certainly coun-
tenanced the idea that the proceeds of the lands
miglit bo subject to the distribution proposed
in the bill ; but he was far from being satisfied
that the argument was solid or conclusive. If
the principle of distribution could bo confined to
the proceeds of the lands, ho would acknowledge
that his objection to the principle would be
weakened.

" IIo dreaded the force of precedent, and he
foresaw that the time would come when the
example of the distribution of the proceeds of
the public lands would be urged as a reason for
distributing the revenue derived from other
i«ourccs. Nor would the argument be devoid of
plausibility. If we, of the Atlantic States, insist
that the revenue of the West, derived from lands,
should be equally distributed among all the
states, we must not be surprised if the interior
States should, in like manner, insist to distribute
the proceeds of the customs, the great source of
revenue in the Atlantic States. Should such a
movement be successful, it must be obvious to
every one, who is the least acquainted with the
workings of the human heart, and the nature of
government, that nothing would more ertainly
endanger the existence of the Union. The re-
venue is the power of the State, and to distribute
its revenue is to dissolve its power into its.
original elements."

Attempts were made to postpone the bill to
the next session, which failed ; and it passed the
Senate by a vote of 24 to 20.

Yeas. — Messrs. Be'.i, Chambers, Clay, Clay-
ton, Dallas, Dickerson, Pi^djey, Ewin?, Foot,
frciinghuysen, Hendricks, Holmes, Johnston,

Knight, roindextor, rnnti»«<. Hobbinn, lUr^i^
Seymour, SiUlic*', Sprauue, Tomliuhou, \Vr.».
man, Wiikins— ;J4. '^

Navh. — .Messrs. Benton, lUack, Itrowu, Rur;.
ncr, Calhoun, Forsyth, (irundy, Hill, Kmi,. Ki- .
iMangum. iMillcr, Moore, Kives, Uoliinson .Sm.,"'
Tipton, Tyler, White, \Vright— 20.

The bill went to the House and nnivi.il
amendments, which did not obtain the couru,.
ronco of the Senate until midnight of tho \\t.\
of March, which, lieing the short session »„
within twenty-four hours of the consljtutid!.
tennination of the Congress, whicli was liI||il^,l I
to the 3d — which falling this year on .SurnLv f
the Congress would adjourn at midnight of il
2nd. Further cftbrts were made to po8tiK,in,[
it, and upon the ground that, in a bill of ihjj
magnitude and novelty, the President wax t^.
titled to tho full ten days for the considtraiioa
of it which the constitution allowed him, an] |
he would have but half a day ; for if pa.<s
that night it could only reach him in tlie fmv- 1
noon of the next day— leaving him but half »[
day for his consideration of the measure, whtirl
tho constitution allowed him ten ; and that htlf [
day engrossed with all crowded business of a I
expiring session. The next evening, the VkA
dent attended, as usual, in a room adjoining tiiei
Senate chamber, to be at hand to sign bills ami I
make nominations. It was some hours in tbtl
night when the President sent for mc, andwitlJ
drawing into the recess of a window, told m\
that he had a veto message ready on the laml^
bill, but doubted about sending it in, lest then I
should not be a full Senate; and intimated hii I
apprehension that Mr. Calhoun and someofhii|
friends might be absent, and endanger the U
and wished to consult me upon that point.
told him I would go and reconnoitre the cliambrr, I
and a^jo^i^^ ''^<^d>b; did so — found that Mr, I
Calhoun and his immediate friends were abs«nt I
— returned and informed him, when he said Ix I
would keep the bill until the next session, audi
then return it with a fully considered meseapl
— his present one being brief, and not such u I
to show his views fully. I told him I thought I
be ought to do so— that such a measure ou^bil
not to be passed in the lost hours of a EcssJoa,!
in a thin Senate, and upon an imperfect view of |
his objections ; and that the public good requindl
it to be held up. It was so ; and during tkl
long vacation of nine months which intenenedl
before the next session, the opposition presMl

ftSi

ANNO 18311. ANDRK'V JAiKSOX. rUF>lI»i:NT.

36fl

ntl»M. Rol)MnH, Mwn'm
lie, ToinliiiMiii, Wi;>t^

n, Illnck, Rrr)wn. Unr,. |
nindy, Hill, Kun.'. K-
ItirvM, KobiiiMtii. Sq ij i

10 IIotiBo and mtivi,!]
not obtain the rtmcut-
il midnight of tlm ilr.i
the Khort ReNBioii, «»
rs of tho con8titutii)i,ii! |
;rc8», whicli was limit,.!
H this year on .Sun(Lv |
ourn at ntidnif^hl uf i
ivero mado to |)ogt|KirK|
1 that, in a bill of thi;|
tho President was i-..
.ys for tho considtraiina
ution allowed him. an! |
ilf a day ; for if pas^ti
' reach him in the fun. I
-leaving him but half 1 1
m of the measure, whtirl
1 him ten ; and that half [
crowded business of ml
next evening, the Prcji-
in a room adjoining tii«|
,t hand to pign bilU aiiJ
was some hours in tlit|
nt sent for mc, and vitli'l
of a window, told ni(|
ssago ready on the bdj
sending it in, lest then I
nate; and intimated hii I
alhoun and some of hii|
and endanger the I
me upon that point. 1 1
reconnoitre the chamber, I
iid 60— found that )Ir,[
iate friends were al)!«nt I
d him, when he said lie I
til the next session, audi
iilly considered mesopj
brief, and not such u I
I told him I thouglitl
such a measure ou^bil
lost hours of a Ecssioa
on an imperfect view d I
the public good require! I
as so ; and during tkl
ontbs which intenenedj
the opposition pressal

ind oratom kept the country fill«<l with (knnn-

I fliiij " '•"' bill— a« if it had boon a ca.«c of "* flot
I tiiifL-Iary," instead of U-iiig the exercino of a
lcoii«titution«l "rI'^ renderwl most juitt and
j,,pipi-r under tho extraordinary circnm«tancc»i
Iwliirhliad attended tho possagc, and intende<l
L turn of the bill. At tho commencement of
I ilie cnttiiiiig session ho returned tho bill, with his
wt'll-oiinHiderod objections, in an ample messago,
I which, nftpr P"i"K ore' a full history of the
liUriTation of tho lands, came to tho following
|omclu!<ions:

" 1. That ono of tho fundamental principles,

Ion which tho confederation of tho United States

I wan ori^'inally based, was, that tho waste lands

(if \H\e West, within their limits, should bo tho

Icommon property of tho Unitetl States.

•i That those lands wore ceded to tho United
I States hy tho States which claimed them, and
Itlieccg-iions were accepted, on the express con-
lilltion that they should bo disposed of for tho
icommon benefit of tho States, according to their
] nsprctive proportions in the general charge and
Lifpenditure, and for no other purpose what-

l.nit'VCT.

'• 3. That, in execution of these solemn com-
Ipact."!, the Congress of tho United States did,
I under the conlbduration, proceed to sell these
lliind.^, and put the avails into tho common trea-
iMiry ; and, under the new constitution, did ro-
linatedly pledge them for tho payment of the
|].iiblic debt of tho United States, by which
hktlsfi each State was expected to profit in pro-
|)i<jrtion to tho general charge to bo made upon
I it for that object.

•These are tho first principles of this whole
Ifiibjcct, which, I think, cannot be contested by
Inny one who examines the proceedings of the
■revolutionary Congress, tho sessions of the
iHTeral States, and tho acts of Congress, under
■the new constitution. Keeping them deeply im-
Ipressed upon the mind, let us proceed to exam-
line how far the objects of the cessions have bo'>n
■completed, and see whether those coihpacta ore
Inot still obligatory upon the United States.

"The debt, for which these lands were pledged
by Congress, may be considered as paid, and
^hcy arc consequently released from that lien.
liut that pledge formed no part of the compacts
A-ith the States, or of the conditions upon which
jthc cessions were made. It was a contract be-
pcen new parties — between the United States
ind their creditors. Upon payment of the debt,
Khc compacts remain in full force, and the oblU
ation of the United States to dispone of the
ands for the common benefit, is neither des-
jlroyed nor impaired. As they cannot now be
JBxeeuted in that mode, the only legitimate ques-
ion which can arise is, in what other way are
khese lands to be hereafter disposed of for tho

common benefit of tbf wvrral ."^tnte*, * arcortWnf
to their n*i<|K<i'tive and ufiinl pri)|))>rtion in tb<
gi>neral charge and ox|>iiidifim' ?' The •''••»i"u»
of Virginia, Ni)rth CBroliim.nn<l tieorgia, in ex-
prewt terms, and all tho rest impliedly, not oiili
provide thus s|icritlrally the proportion, nrcopl-
uig to which each State shall prollt bv the pro*
nx'iU of the land sales, but they prixcrd to de-
clare that they shall tw 'faithfully and Imihh
Jiile disposed of for that piir)>oM-, nnd for no
other use or purpose wlMtscwver.' This in the
fundamental law of the land, at this moment,
growing out of compacts wliirh nre older tlinii
the constitution, and formed the comer stone
on whieh the Union itself was erected.

" In the practice of the governnicut, the pro-
cee<lH of tho public lamU have not l>een >>et
apart as a separate fund for the imynient of the
public debt, but have been, and are now, paid
mto tho treasury, where they constitute a part
of the aggregate of revenue, upon which tlio
government draws, as well for its cuiTcnt ex-
penditures as for payment of tho public debt.
In this manner, they have heretofore, and do
now, lessen the general charge upon the people
of the several States, in the exact proportion.-*
stipulated in the compacts.

" These general charges have l)ern composed,
not only of the public debt and tho usual ex-
penditures attending the civil and military ad-
ministrations of the government, but of tho
amounts paid to the States, with whieh theso
compacts were formed ; the amounts paid the In-
dians for their right of possession ; the amounts
paid for the purchase of Louisiana and Florida;
and tho amounts paid surveyors, registers, re-
ceivers, clerks, Ac, employetl in pivparing for
market, and selling, the western domain. From
the origin of the land sy.stem, down to the 3Uth
September, 1832, the amount expended for all
these purpose has been about $4'J,7ul,28() and
the amount received from the sales, deducting
payments on account of roads, &c., about ■'i^.iH,-
38ti,624. The revenue arising from the public
lands, therefore, has not been sutlicient to meet
the general charges on the treasury, which have
grown out of them, by about Slll,;U4,G50. Yet,
in having been applied to lessen those charges,
the conditions of the compacts have been thus
far fulfilled, and each State has profited accord-
ing to its usual proportion in tho general charge
and expenditure. The annual proceeds of land
sales have increased, and the charges have dimin-
ished ; so that, at a reduced price, those lands
would now defray all current charpes growing
out of them, and save the treasury from further
advances on their account. Their original intent
and object, therefore, would be accomplished, as
fully as it has hitherto been, by reducing tho
price, and hereafter, as heretofore, bringing the
proceeds into the treasury. Indeed, as tliis is
the only mode in which the objects of the origi-
nal compact can be attained, it may be consi*
dered, for all practical purposes, thut it iii one of
their requirements.

/J*

I I

4' .

3C(i

TIIIUTV VF.ARH" VIKW.

" TIh' mm Ufoiv me •K'irins with tn pntiro unti-
rrr«i'in of cvi-ry '>iu' "f tUu cini\\>iwtn hy wliirh
the rnilcd StiiU'M In-caiiK' |ioMsfMK(><l «»f their
wcvti'i'ii (loiniiin, an<l tn'atM tlii< iiihlivt am if
tlu'Y iicviT had cxintcncv, arwl aw if the l'iiite«l
Miiti-H wi'rt* thv ori^finnl and uiicoiiditidiial own-
ers of nil thu piihlic land*. The llntt ncctiun
dinrtu —

"'Tliiit, from and aftrr the .Tint day of Dc-
romlHT, IN,'i2, thero Hliall ho allowed and paid
to each of the Stittra of Oliio, Indiana, lilinoia,
Alahnma, MinMonri. M iwHisxippi, and LotiiHJana,
over and ahove what each of the aaid Statca Ih
entitled to hy the terma of the compacta entered
into hetween thom, n-Npectivelv, upon their ad-
inixtiion into the Union and the Lnitcd Statoa,
tho anm of twelve and a half per centum upcn
the net amount of the Halvn of the puhlic lands,
which, HiiliHeqiicnt to the day afoHesaid, shall bo
ina<le within the several limits of tho said States ;
which said sum of twelve and a half |)er centum
slinll he applied to some object or objects of in-
ternal iniinovenient or education, within the
said Stntes, under tho direction of their several
leftislntures.'

" This twelve and a half per centum is to bo
taken out of the net proceeds of tho land sales,
before any apportionment is made ; and tho same
seven States, which aro first to receive this pro-
portion, are also to receive their due proportion
of the residue, according to tho ratio of general
distribution.

" Now, woiving all considerations of equity
or policy, in regard to this provision, what more
need l)c said to demonstrate its oltjoctionable
character, than that it is in direct and undis-
guised violation of tho pledge given by Congress
to tho States, before a single cession was made ;
that it abrogates tho condition upon which some
of the States came into the Union ; and that it
sets at nought the terms of cession spread upon
the face of every grant under which tho title to
that portion of the public land is held by the
federal government ?

" In the apportionment of the remaining seven
eighths of the proceeds, this bill, in a manner
equally undisguised, violates the conditions upon
w'..ich til? United Slates acquired title to the
ceded lands. Abandoning altogether the ratio
of distribution, according to the general charge
and expenditure provided by the compacts, it
adopts that of the federal representative popu-
lation. Virginia, and other States, which ceded
their lands upon the express condition that they
should receive a benefit from their sales, in pro-

Eortion to their part of the general charge, are,'
y the bill, allowed only a portion of seven
eighths of their proceeds, and that not in the
proportion of general charge and expenditure,
but in tho ratio of their federal representative
population.

"The constitution of the United States did
not delegate to Congress the power to abrogate
these compacts. On the contrary, by declaring
'.hat nothing in it ' shall bo so construed as to

I prrjudiw tnv etaiiM of the Tnlfed Stato*, nrof

' any fmrvi. Mlar Slati",' it virtually providtM tt,„

: them! compnrti, and the right* Ihoy n-rurv .1,,

\ remain nntourlxMl by (he legislative power, win..

' ^hall only make all 'needful ruloM and npui,

tiona' for carrying them into ellirt. All },.

yond this, would seem to Imj an aoduniptiomf

undelegated jKiwer.

" Thew ancient compacts are invniiinlilc num,;.
mcnts of an age of virtue. patriotiHfii, nti<l ili.p.
tercstednecM. Theyc. .'t (he price tlmi i-rr
States, which had won li'K-rty, were williiii;
|)ay for that Union, wit > ;t which, tlieyplni
•aw, it coulil not Ihj pn-Herved. It \va« iki i,p
territory or State power (hut our n-volnliomr
fathers took up arms; it wan for intilvKln,;
liljcrty, and the right of ^elf-governiiicnt. TK
expulsion, from the continent, of Britisli amn,
and British f)Owcr was to them a hurren n i!
(]|UMt, if, through the collisions of the redwmni
States, tho iiulividual rights for which tin
fought should iKK-oine the jtrey of jK-tty niilitarr |
tyrannies cstablisheil at home. 'Jo iiViTt sni
consequences, and throw around liheity t!,,
shield of union, States, whose relative strinstli
at tho time, gave them a preponderating iiiiw,r
magnanimously sacrificed domains which \vnu:,i
have made them tho rivals of empires, oni
stipulating that they should \>e disprtsed f,f fr
the common benefit of themselves a*id tho othir l
confederated States. This enlightened ndljrv
produced union, and has secured liberty. It ha, |
made our waste lands to swarm with a Imii^v
people, and added many powerful States to dn'r i
confederation. As well for tho fruits ivliidi |
these noblo works of our ancestors Iiutc pro.
duced, as for the devotcdncss in wliich tkv i
originated, we should hesitate before we demo!- 1
ish them.

"But there are other principles asscrte*! ini
the bill, which would have impelled me to witli-
hold my signature, had I not seen in it n viola.
tion of the compacts by which tho United Stnth |
acquired title to a largo portion of the piiU
lands. It reasserts the principle contained in l
the bill authorizing a subscription to the Mock |
of the Maysvillo, Washington, Paris, and F.oi-
ington Turnpike Road Company, from which I
was compelled to withhold my consent, for rea- 1
sons contained in my message of tho 27th .Mav [
1830, to tho House of Representatives, lie
leading principle, then asserted, wag, that Con-
gress possesses no constitutional power to ap-
propriato any part of the moneys of the United I
States for objects of a local character within the
States. That principle, I cannot be mistaken in
supposing, has received tho unequivocal sanction |
of the American people, and all subsequent re
flection has but satisfied mo more thoroughlj I
that the interests of our people, and the puritr
of our government, if not its existence, depend
on its observance. Tho public lands are the
common property of tho United States, and th« I
i moneys arising from their sales are a piirtof tb* I
' public revenue. This bill proposes to raise fron I

ANN(» Unx ANMU.W .lAt KhoN. I'UFMIiKN T.

3G7

ho rnlfwl S«nt<«, rrof
Tirtnnlly provider ti,,,
riprhtH they ctruri' >!,,
Ifiritlntivcpowir.wlii,:
fH'iil nilcM niid nciil,.
n into rtrcrt. All 1..

Iw an ai<Miiiiiiition.r

cto nrc invnliinlilc mfmi;.
I'. iinlriotiNin. nn<l iIimi.
. t the pricf thnl tfrn
li')crty, won- willing. •
. ;t whirh, tin y pin;
HiTVt'd. It wiiM iii>t I,,
• tliiit our n-voliiiicinr

1 it wiiK Oir iiiilividiui
' M'lf-({fivcriiinciit. Tl>
tiiR'nt, of Britihh anm,

to them a Imm-n n i.
lUisions of ttu' ri'dcitiiMl
rights for wliich tl.n-
(le prey of lH;tty iiiilii;ir'r
t home. To II vert Mi/i,
ow nrounrl lilifrty i!,.'
whose relative strinjili,
a preponderating pmvir
L'd domains which \vn\i,i
rivals of empires, nn'
lould he disponed rf fr
ihemselves and the (jthn
This enlightened pdljn
< secured liberty, it hi.
to Bwarm with a \>m
r powcrftil Stnti'g to (m'r
II for the fniits wiiidi
Dur nnccBtors have yi^,- 1
itednecs in which th(j |
esitate before we demo!-

principles a8scrte<l in. I
five impelled me to with-
I not seen in it a viola. I
which the United Stalis |
!;o portion of the piiW
a principle contained in I
ubscription to the ftock
ington, Paris, and I.ci-
Company, from which 1 1
lold my consent, fur rea-
lessnge of the 27 th Mav I

Representatives, lit
asserted, was. that Con- 1

titutional power to a[-
le moneys of the Unitid I
)cal character within tli«
I cannot be mistaken ii
the unequivocal sanction |
, and all subsequent re

d mc more thoronghlT I
r people, and the puritT I
lot its existence, depend I
tie public lands are tii! I
ic United States, and tin I
eir sales are a partoflhtl
ill proposes to raise froa I

»nl •ppr"prl«te a |iorti<>n of. thin public rpvrnnc

, , fiftum .*<l«lfH. proTidiiijt expn-nxly that it
,i,,ll In- npplii'd to oli|«'<-m of iiilenial iinpntvo-
iiiciit iiri'diicatiiin williiii tlii>«o .'^tnteM,' and then '
|.rii«'('«"l'* t" uppropriiile the liiilnnt-f t<> nil the j
>t.ilt"<. ^vith lh<t df<'luriitiip|i that it »hiill U' n|>-
ilh-d'to Miich puriMiM'M an the l<'tri!«liitiiieM of
,1,,. Mild n'i»|n'<'live .'^lute!< i<liall deem pnifHT.'
11,0 fiiriiur appropriation is exprcHMly for iiilcr-
imI Jnipri'veuK'nlM nr ediicntion, without (|iialili-
iMtimi as to tlio kind of improvements, and,
iherelDn-, in express violation of the principle
iiiitiiituiiied in my ohJeetionM to the turnpike
pad hill, above ivl'erred to. Tiie latter appro-
iirutioii is more broad, and gives the money to
lic ippiie*! to any local piiriNtm* whatsis'ver. It
HJil not be denied, that, under the provisionii of
iliebill, a portion of the money m\\i\\i have U'eii
appiii-tl to making the very nn'l to which the
lull of IHiiO had reference, and must, of c<jiirse,
(iiine within the hco|)o of the xainu principle.
If the money of the United States cannot Ims ap-
plied to local purposes through its own agents,
AS little can it be |iermittu(l tu l)o thus expended
tunmnh the agency of the State governnientH.

"It has been supposed that, with all the reduc-
\v\ni m our revenue which could bo s|)ecdily
ell'ecte*! by Congrew, without injury to the sul)-
stantial interests of the country, there might be,
f(ir Kome years to come, a surplus of moneys in
the treasury ; and that there was, in principle,
uo objection to returning them to the people by
wlinni they were paid. A.h the literal accom-
plinhmtnt of such an object is obviously imprac-
ticable, it was thought admissible, as the nearest
iipproxiination to it, to hand them over to the
State governments, the more immediate repre-
-entiitivea of the people, to bo by them applied
ti( the beiietit of those to whom thoy properly
belonged. The principle and the object was, to
return to the peojilo an unavoidable surplus of
I rercnue which might have been paid by them
under a system which could not at once bo aban-
duned ; but even this resource, which at one time
seemed to be almost the only alternative to save
the general government from grasping unlimited
power over internal improvements, was suggest-
I u(l with doubts of its constitutionality.

" But this bill a-ssumes a new principle. Its
I object is not to return to the people an unavoidable
surplus of revenue paid in by them, but to create
I a surplus for distribution among the Statc.3. It
[seizes the entire proceeds of one source of reven-
lue, and sets them apart as a surplus, making it
I necessary to raise the money for supporting the
[irovernment, and meeting the general charges,
Ifrom other sources. It even throws the entire
lland system upon the customs for its support,
land makes the public lands a perpetual charge
■upon the treasury. It does not return to the
■people moneys accidentally or unavoidably paid
Iby them to the government by which they are
Inot wanted; but compels the people to pay
linoneys into the treasury for the mere purpose
lof creating a surplus for distribution to their

State pivirnmcnt*. If this |iriiici|ili« \n> otici-
admitted, it is not dittltult l>> isii-ttvi' to ulm(
conM-(|Ueiii'i'« It may Uud. Alreaily ibis bill, by
throwing the hind fj'slt'tii on tho riAennei from
iin|Mirts for Miipiiort. virtually dixtr^btitr* niiiong
the .States a part cf those n'veniies. The pnn
portion may U> in-- . iwd from tifie to tune,
without any depariuU' fruiii llie priiii'iple now
asserted, until the .Stiitu gotcrniiunts sbiill de-
rive nil the funds neirsfitiry for tlinr support
from the treasury of the Inited Stnt>'» ; or, if a
siiilicient supply should lie obtniiicd by sniuo
States and not l>y others, the dilleieiit Stati-a
might rtunphiin. and, to |iut an end to nil fur-
ther ditliciilty, Congix-sN. without n>suining any
new principle, need go but one step further, anil
put the salaries (d'all the Stiite govornors. jud;:-
es, and other otllcers, with a snilicient sum fir
other ex|ienses, in theirgeneral ap]iropriiitiiin bill.
"It np|K>ars to me that a more direct roml to
consolidation cannot Iki devised. Money is
power, and in that government which pays all
the public olllcerH of the ,'><tiitis, will all isilitieal
IKtwer be substantially concentrated. The Statu
governments, if governnienis they might be call-
ed, would lose all their indepemlence and digni-
ty. The economy which now distinguishes thero
would bo converted into a profusion, limited !y
by the extent of the supply. Ueing the depen-
dants of the general government, and looking to
its treasury as the source of all their emolu-
ments, the State otllcers, under whatever nnines
they might jtass, and by whatever forms their
duties might be prescribed, would, in etleet, bu
the mere stipendaries and instruments of tho
central power.

"I am quite sure that tho intelligent people
of our several States will l)0 satislied, on a little
rellection, that it is neither wise nor safe to re-
lease tho meniliers of their local legislatures from
tho responsibility of levying the taxes necessary
to support their State governments, and vest it
in Congrcea, over most of whose members they
have no control. They will not think it ex-
pedient that Congress shall bo the lix-gutherer
and paymaster of all their State governments,
thus amalgamating all th<:ir oillcers into one mass
of common interest and common feeling. It is
too obvious that such a course would subvert
our well-balanced system of goverument, and
ultimately deprive us of tho bles.--iii;^s now do-
rived from our happy union.

" However willing I might bo that any un-
avoidable surplus in tho treasury should be re-
turned to tho people through their State govern-
ments, I cannot assent to the principle that a
surplus may be created for the purpose of dis-
tribution. Viewing this bill as, in ellect, a.ssura-
ing the right not only to create a surplus for
that purpose, but to divide the contents of tho
treasury among the StJitcs without limitation.
from whatever source they may be derived, an(l
as-serting the power to raise and ai)[)iopriat«
money for the support of every State govern-
ment and institution, as well as for making every

368

TIIIUTY YKAIW VIKW.

local iin]ir()v<'i))Lnt, however trivial, I ccnot give
it my iisM'iit.

"It is (litllcnlt to pcrcivc wlidt advaiitnpes
would awnie ti> the o'tl States or the new from
the BysU'tii of (listrihiition which this hill pro-
poseH, if it were otherwise unohjectionahlc. It
requires no arfriiMient to prove, that if three mil-
lions of dollars a j'ear, orany other sum, shall be
taken out of the treasury by this bill fordistribu-
tion. it must be rei)laced by the same sum collect-
ed from the i)eoi)lo through some other sneans.
The old Stiites will receive annually a sum of
money from the treasury, but they will pay in
a Inrftcr sum, toprcthcr with the exjtenscs of col-
lection and distribution. It is only their pro-
jwrtion of seven eights of the proceeds of land
sales which they are to receive, but they must
pay their due proportion of the whole. Disguise
it as we may, the bill proposes to them a dead
loss in the ratio of eight to seven, in addition to
expenses ami other incidental losses. This as-
sertion is not the less true becau.se it may not
at first be palpable. Their receipts will bo in
large sums, but their payments in small ones.
The governments of the States will receive seven
dollars, for which the people of the States will pay
eight. The large sums received will be palpable
to the senses ; the sniali sums paid, it requires
thought to identify. But a little consideration
will satisfy the people that the effect is the same
as if seven hundred dollars were given them from
the pubUc treasury, for which they were at the
same time required to pay in taxes, direct or in-
direct, eight hundred.

" I deceive myself greatly if the new States
would find their interests promoted by such a
system as this bill proposes. Their true policy
consists in the rapid settling and improvement
of the waste lands within their limits. As a
means of hastening those events, they have long
been looking to a reduction in the price of public
lands upon the final payment of the national
debt. The effect of the proposed system w^ould
be to prevent that reduction. It is true, the bill
reserves to Congress the power to reduce the
price, but the effect of its details, as now ar-
ranged, would probably be forever to prevent its
exercise.

" With the just men who inhabit the new
States, it is a sufficient reason lo reject this
system, that it is in violation of the fundamental
laws of the republic and its constitution. But
if it were a mere question of interest or expe-
diency, they would still reject it. They would
not sell their bright prospect of increasing wealth
and growing power at such a price. They
would not place a sum of money to be paid into
their treasuries, in competition with the settle-
ment of their waste lands, and the increase of
their population. They would not consider a
small or large annual sum to be paid to their
governments, and immediately expended, as an
equivalent for that enduring wealth which is
composed of flocks and herds, and cultivated
firms. No temptation will allure them from

that object of abiding interest, the octtlemdit of
their waste land.>4. and the increase of a lurrh
race of free citizens, their glory in peace anil
their defence in war.

" On the whole, I adhere to the opinion (x.
pressed by me in my annual me.s8age of i^;,.j
that it is our true policy that the public lanil^i
shall cease, as soon as practicable, to b<} a sourf^.
of revenue, except for the payment of tho.sc (:( n-
oral charges which grow out of the acqui8iti(<n
of the land.s, their survey, and sale. Although
these expenses have not been met by the pro-
ceeds of sales heretofore, it is quite certain thcv
will be hereafter, even after a considerable rciliu.
tion in the price. By meeting in the treasury so
much of the general charge as arises from that
source, they will be hereafter, as they have Ixiii
heretofore, disposed of for the common btne-
fit of the United States, according to the com-
pacts of cession. I do not doubt that it is the
real interest of each and all the States in the
Union, and particularly of the new States, that
the price of these '- shall be reduced nml
graduated ; and that, after they have been ofiir-
ed for a certain number of years, the refuse, x<^
maining unsold, shall be abandoned to the State*.
and the machinery of our land system entiniv
withdrawn. It cannot be Supposed the coni
pacts intended that the United States should
retain forever a title to lands within the States,
which are of no value ; and no doubt is en-
tertained that the general interest would lie
best promoted by surrendering such lands to
the States.

" This plan for disposing of the public lands
impairs no principle, violates no compact, and
deranges no system. Already has the price of
those lands been reduced from two dollars per
acre to one dollar and a quarter ; and upon the
will of Congress, it depends whether there shall
be a further reduction. While the burden,s of
the East are diminishing by the reduction of the
duties upon imports, it seems but equal justice
that the chief burden of the West should lie
lightened in an equal degree at least. It would
be just to the old States and the new, conciliate
every interest, disarm the subject of all its dan-
gers, and add another guaranty to the perpetu-
ity of our happy Union."

Statement respecting the revenue derived from
the public lands, accompanying the Presi-
dent's Message to the Senate, December \lh,
1833, stating his reasons for not apyrom^

, the Ijand Bill :

Statement of the amount of money which hs
been paid by the United States for the title to
the public lands, including the payments made
under the Louisiana and Florida treaties; the
compact with Georgia ; the settlement with the
Yazoo claimants ; the contracts with the Indian
tribes ; and the expenditures lor coni] ensation
to commissioners, clerks, surveyors, and other
officers, employed by the United States forth*

ANNO ih;;3. anihu:\v .iack'son. pri:<ti)F.nt

3C9

est. the nettli'jiK III of
iucrcni»e of a lurriv
- glory in pfuce ai.il

■e to the opinion (j.
ii!»l inessape of 1^:,.;
;hat the public lani!^
ticable, to \m a soiiroi
)ayment of those jk n-
outoftho acquisiiii.n

and Bale. Althoiii:h
»ee;i met by the pm-
t is quite certain tticy
r a considerable rc'liii'-
ting in the treasury so
e as arises from that
fter, as they have >xin
ir the common bone.
ccording to the com-
)t doubt that it is tlie

all the States in tlir
f the new States, that

shall be reduced nrKl
r they have been ofiW-
f years, the refuse, i<^
bandoned to the State <,
r land system entirely
be%upposed the com

United States ghould
,nds within the Stnton,

and no doubt is en-
ral interest would lie
idering such lands tu

ig of the public lands
lates no compact, and
Ireadj' has the price uf

from two dollars per
[uarter ; and upon the
ids whether there shall
While the burdens of
by the reduction of the
eems but equal justice

■ the West should lie
ree at least. It would
and the new, conciiiaie

subject of all its dan-
mranty to the perpetu-

nt of money which has
Stites for the title to
g the payments made
Florida tnnties; the
ho settlement with the |
itracts with the Indian
;ures ftjr com] ensation
surveyors, and other
United Siati-s forth«

mansp'mi'it and cnle of the Western do!iiain ;
the pn>>s amount of money received into the
frcjisnry. a.s the proceeds of public lands, to the
HOth of Septemljor, 1832 ; also, the net amount,
after dwlucting live i)er cent,, expended on ac-
count of road.i within, and leading to the We.>-t-
ern States, Ac, and sums n'funded on account
of errors in the entries of public land.s.

Payment on account of the purcha-^e of Louis-
iana:

|T|n.-lp«l, ♦14,i)<M,s:2 2S

InWRilon IlLrxvPOO S„Vjy,:i,W 4;»

123,514,225 Tl

Payment on account of the purchase of Florida:

rrinoljal, »4,9Vi.,^(•!> S2

ii];cri.-»t loSiltli September, 1S32, I,4i'.».7(W (ji)

I'lrmont of compaot with Ocorjfia. ....

i'sviiu'iit lit ihu liuttluiiient will) tliu Vazoo
clalNiiiiii.s

I'annentiif contructs witli tlioH'venil Indian
trIlH'.'i (all <'X|)i'ii»o.s on iiocouMtof liiiliaiis),

raviiient uf inimnl-sloners, cliTks and otliur
oltkers, I'liipliiyed t>.v tlm I'n'tcil States for
tlio insiiii;;uiiK'ut anil sale of the Western
domain,

|n,47S,Sr,9 4S
l,IIOo,4S4 UO

l,.S;iO,808 04

13,004,677 4,5

3,750,710 4^
$49,701,230 1 ,

.tmount of money received Info flio treasury
ajtliK pnK'eodi of pubUo lands to SUtli fiep.

tenilwr, ls32,

Deduct paynicntJi ffom tlie treasury on ac
count i>f roails, Ac, .....

- 139,614,000 07

hiph qualities of the public in:ui. II»' s.'it out
with showing that these hinds, so f:ir uh tlicy

i were divided from the State.-(, \verc pranted a-'
a comnton fund, to l>e dispfised of for the Iwmtit

I of all the State.o, accord] np to their u.stial respect-
ive proportions in the peneral eharpe and ex-
penditure, and for no other use or pur|K)se what-
soever ; and that by the |)rinciples of our po\ -
ernment and sound policy, those acquired from
foreign governments could only be dispo.sed of
in the same manner. In addition to the.sc great
reasons of principle and policy, the message
clearly points out the mischief which any scheme
of distribution will inflict upon the new States
in preventing reductions in the price of the
public lands — in preventing donations to settler.-i
— and in preventing the cession of the unsalable
lands to the States in which they lie ; and re-
curs to his early messages in support of thq
policy, now that the public debt was paid, of
looking to settlement and population as the chief
objects to be derived from these lands, and for
that purpose that they be sold to settlers at cost.

1,227,375 94
$88,330,624 13

T. L. Smith, lieg.
Treasury Department, i
Register's Office, March 1, 1833. ^

Such was this amplo and well-considered
message, one of the wisest and most patriotic
ever delivered by any President, and presenting
General Jackson under the aspect of an immense
I elevation over the ordinary arts of men who run
a popular career, and become candidates for
popular votes. Such arts require addresses to
popular interests, the conciliation of the interest-
ed passions, the gratification of cupidity, the
favoring of the masses in the distribution of
money or property as well as the enrichment of
[classes in undue advantages. General Jackson
[exhibits himself as equally elevated above all
lthe.se arts — as far above seducing the masses
with agiurian laws as above enriching the few
I with the plundering legislation of banks and
I tariffs; and the people felt this elevation, and
jd'd honor to themselves in the manner in which
[they appreciated it. Far from losing his popular-
jitv, he increased it, by every act of disdain
Iwhich he exhibited for the ordinary arts of con-
Iciliating popular favor. Ilis veto message, on
[this occasion was an exemplification of all the

Vol. I— 24

CHAPTER XCI.

COMMENCEMENT OF THE TWENTV-TIIIRD CON.
ORESS.— THE MEMUEUS, AND I'lil.sIDENTS MES-
SAGE.

On the second day of December, 1833, com-
menced the first session of the Twenty-third
Congress, commonly called the Panic session —
one of the most eventful and exciting which tho
country had ever seen, and abounding with high
talent. The following is the list of members :

SENATE.

Maine — Pelcg Sprague, Ether Shepley.

New Hampshire — Samuel Bell, Isaac Ilill.

Massachusetts — Daniel Webster, Nathaniel
Silsbec.

Rhode Island — Nehemiah R. Knight, Asher
Robbins.

Connecticut — Gideon Tondinson, Nathan
Smith.

Vermont — Samuel Prentiss, Penjamin Swift.

New Youk — Silas Wright, N. P. Tallmadge.

New Jeusev — Theodore Fielinghuyscn, S. L.
Southard.

Pennsylvania — William Wilkin.^, Samuel
McKeau.

Delaware — John M. Clayton, Arnold Nau-
daia.

'■i % 1

■ t '-:• .

S^'

(•:^f

370

TIIIUTY YKAIIS' VIKW.

I ill

JfAuvi.ANi) — Ezckicl F. ChanilKTH, Joseph
Kent.

Virii'.i.NiA— AVni. C. Hives. Jolm Tyler.

NnuTii Cahoi.i.na — Ik-dfonl llrown, W. P.
Manpuin.

.South Carolina — J. C. Calhoun, AVilliaiu
C. Freston.

Gkoroia — John Forsyth, John P. Kinjr.

Kentuckv — (ieor-re M. Hihh, Henry Cliiy.

Tknnessek — Felix CJnindy, Ilnph L. Wliitc.

Ohio — Thomas Ewinfr, Tliomas Morris.

I/)uisiana — G. A. W'uggaiuan, Aloxiinder
Porter.

Indiana — Wm. Ilenflrickw, John Tipton.

Mississippi — Gcortre Poindexter. John HIack.

Illinois — Ellas K. Kane, John M. Rohinson.

Alabama — William K. Kinj.', Gahriel Moore.

Missouri — Thomas II. IJenton, Lewis F. Linn.

1I0U3E OF REPUKSENT.VTIVES.

Maine — Georfie Evans, Joseph Hall, Ijconard
Jarvia, Edward Kavanagh, Moses Mason, llufus
Mcfntyre, Gorham Pt^ks, Francis (), J. Smith.

New Hampshire — Benning M. Bean, Robert
Rums, Joseph M. Harper, Henry Ilubbard,
Franklin EifiJcRC.

Massachusetts — John Quincy Adams, Isaac
C. Rates, William Raylies, Georp;e N. Rriggs,
Rufus Choate, John Davis, Edward Everett,
Benjamin Gorham, George Grenncll, jr., Gayton
P. Osgood, John Reed.

Rhode Island — Tristam Burges, Dutca J.
Pearce.

Connecticut — Noycs Barber, William W.
Ellsworth, Samuel A. Foot, Jabez W. Hunting-
ton, Samuel Tweedy, Ebenezer Young.

Vermont — Ileman Allen, Benjamin F. Dem-
ing, Horace Everett, Hiland Hall, William Slade.

New York — John Adams, Samuel Beardslcy,
Abraham Bockee, Charles Bodle, John W.
Brown, Churchill C. Cambreleng, Samuel Clark,
John Cramer, Rowland Day, John Dickson,
Millard Fillmore, Philo 0. Fuller, William K.
Fuller, Ransom 11. Gillet, Nicoll Halsey, Gideon
Hard, Samuel C. Hathaway, Abner Hazeltine,
Edward Howell, Abel Huntington, Noadiah
Johnson, Gerrit Y. Lansing, Cornelius W. Law-
rence, George W. Lay, Abijah Mann, jr., Henry
C. Martindale, Charles McVean, Henry Mitchell,
Sherman Page, Job Picrson, Dudley Selden,
William Taylor, Joel Turrill, Aaron Vanderpoel,
Isaac B. Van Ilouten, Aaron Ward, Daniel
Wardwell, Reuben W ballon, Campbell P. Wlute,
Frederick Whittlesey.

New Jersey — Philemon Dickerson, Samuel
Fowler, Thomas Lee, James Parker, Ferdinand
('. Schenck, William N. Shinn.

Pennsylvania — Joseph B. Anthony, John
Banks, Charles A. Barnitz, Andrew Beaumont,
Horace Binney. George Burd, George Cham-
bers, W^illiam Clark, Richard Coulter, Edward
Darlington, Harmar Denny, J(»hn Galbraith,
Jiuncs Harper, Samuel S. Harrison, William
Hioster, Joseph Henderson, Henry King, John

Laporte. Joel K. Mann, Thomas M. T. McKonnan
JesKo Miller, Henry A. Muhlenlierp, Davjil
Potts, jr., Robert Ramsay, Andrew Stewart
Jwl B. Sutherland, David E. Wagenir, John t',,
Wntniough.

Delaware — John J. Milligan.

Maryland — Richard B. ('nrmichncl. Littloton
P. Dennis, James P. Heath. William (Jost John-
son, Isaac McKim, John T. Stoddert, Fruntis
Thomas, James Turner.

ViKiJiNiA — John J. Allen, William S. Arcljip.
James M. II. Beale, Thomas T. liouldin, Josepti
W. Chiiin, Nathaniel II. Claiborne, Thomas
I)aven|)ort, John H. Fulton, James II. Ghol.'^on,
William F. Gordon, George Loyall, Edwanl
Lucas, John Y. Mason, William McConiiis,
Charles F. Mercer, Samuel McDowell Moore.
John M. Patton, Andrew Stevenson . William
P. Taylor, Edgar C. Wilson, Henry A. ^V iso.

NoKTii Carolina — D.inielL. Barringor, Jesse
A. Bymun, Henry W. Connor, Edmund Dcbcrrr,
James Graham, Thomas II. Hall, Micajah t!
Hawkins, James J. McKay, Abraham Renchcr,
William B. Shepanl, Augustine H. Sheppcrd,
Jesse Speight, Lewis AVilliams.

South Carolina — James Blair, William K,
Clowney, Warren R. Davis, John AL Fclder,
William J. Grayson, John K. Griffin, George
McDuffie, Henry L. Pinckney.

Georuia — Augustine S. Clayton, JohnCoffw
Thomas F. Foster, Roger L. Gamble, George 1{,'
Gilmer, Seaborn Jones, William Schley, James
M. Wayne, Richard II. Wilde.

Kentucky — Chilton Allan, Martin Bcaty,
Thomas Chilton, Amos Davis, Benjamin Hardin,
Albert G. Hawes, Richard M. Johnson, Jami's
LovCj Chittenden Lyon, Thomas A. Marshall,
Patrick II. Pope, Christopher Tompkins.

Tennessee — John Bell, John Blair, Samuel
Bunch, David Crockett, David W. Dickinson,
William C. Dunlap, John B. Forester, AVilliam
M. Inge, Cave Johnson, Luke Lea, Balie Peyton,
James K. Polk, James Standifcr.

Ohio — William Allen, James M. Bell, John
Chaney, Thomas Corwin, Joseph H. Crane,
Thomas L. Hamer, Benjamin Jones, Henry 11,
Leavitt, Robert T. Lytle, Jeremiah McLean,
Robert Mitchell, William Patterson, Jonathau
Sloane, David Spangler, John Thomson. Joseph
Vance, Samuel F. Vinton, Taylor Webster,
Elishii. Whittlesey.

Louisiana — Piiilcmon Thomas, Edward D.
White.

Indiana — RatliflF Boon, John Carr, John
Ewing. Edward A. Hannegan, George L. Kin-
■nard, Amos Lane, Jonathan McCarty.

Mississippi — Harry Cage, Franklin E. Plumer,

Illinois — Zadok Casey, Joseph Dunatn.
Charles Slatle.

Alabama — Clement C. Clay, Dixon IT. Lewis,
Samuel W. Mardis, John Mckinley, John Jlur

phy

IissouRi— William H. Ashley, John Bull.
Lucius Lyon also appeared as the delegate from

the territory' of Michigan.

ANNO isnn. ANDREW JACKSOX. I'UISIItKNT.

n7i

ton, Taylor Webstir,
Thomas, Edward D.

Clav, Dixon IT. Lewis,
Mckinley, John Mur-

. Ashley, John Bull.
red as the delegate from

Am'irose II. Sevier also nijK "xreil as the di'lc-
■^tc from tlic tfrritory i>f ' ■ .tiisa.s, — Jo8('|)h
\l Wiiitc from Floiidii.

.\[r. Andrew Stevcn.'^n, who had been eliogun
Siicak^^T of the House f< ir the three succeeding
(.'oni:ri's.«eH, was re-elected by a great majority
—indicating the administration strength, and
his own popularity. The annual message wa.s
immediately sent in, and presented a gratifying
viiw of our foreign relations — all nations being
in peace and amity with us, and many giving
fresh proofs of friendship, either in new treaties
|!jrmed,or indemnities made for previous injuries.
The Ftato of the finances was then adverted to,
and shown to be in the most favorable condition.
Tlie message said :

•It gives me presit pleasure to congratulate
vmi upon the prosperous condition of the finan-
i es of the country, as will appear from the report
which the Secretary of the Treasury will, in due
time, lay before you. The receipts into the
Taasury during the present year will amount
t , more than tliirty-two millions of dollars.
Hie revenue derived from customs will, it is be-
liiTcd, be more than twenty-eight nnllions, and
tiie public lands will yield about three millions.
riic expenditures within the year, for all objects,

I including two millions five hundred and seventy-
nvo thousand two hundred and forty dollars

I ,ind ninety-nine cents on account of the public
(l.bt, will not amount to twenty-five millions,
and a large balance will remain in the Treastiry
after satisfying all the appropriations chargeable

I en the revenue for the present year."

The act of the last session, called the " com-
Ipromise," the President recommended to ob-
jtervance, " unless it should be found to produce
|r.;ore revenue than the necessities of the govcm-
liuent required." The extinction of the public
Idibt presented, in the opinion of the President,
Ithe proper occasion for organizing a system of
■expenditure on the principles of the strictest
|toonomy consistent with the public interest;
dtul the passage of the message in relation to
k'.iat point was p. irticularly grateful to the old
friends of an economical administration of the
Cvvemnient. It said:

• But. while I forbear to recommend any fur-
Ikr reduction of the duties, beyond that already
Biflvided for by the existing laws, I must ear-
nestly and respectfully press upon Congress the
mportance of abstaining from all appropriations

hich are not absolutely required for the public
kiti rests, and authorized by the power.s clearly
leleL'ated to the United States. We are bcgin-

ninga new era inour government. The national
debt, which lias «) Iuhl' been a biiplcn on the
Treasury, will be linnllv diMbnigi-d in tbepoiirsi-
of the ensuing year. N" inure mimey will
afterwards be needed than what may Ir- necensary
to meet the ordinary expenses (if the government.
Now then is the pro|ier moment to fix our sys-
tem of expenditure on firm and durable prin-
ciples ; and 1 Cimnot too strotigly urge th«»
necessity of a rigid economy, and an inllexible
determination not to enlarge the income la>yond
the real necessities of the g<ivernment, ami not
to increase the wants of the gnvernment by
unnecessary anrl profuse expenditures. If "a
contrary course should l)e pursued, it may hap-
pen that the revenue of IH.'U will fall short of
the demands ujion it; and after reducing the
tariff in order to lighten the burdens of the
{)eople,and providing for a still further reduction
to take effect hcrealter, it would be much to be
deplored if, at the end of another year, we should
find ourselves obliged to retrace our steps, and
impo.«e additional taxes to meet unnecessary
eAjjenditures."

The part of the message, however, which gave
the paper uncommon emphasis, and caused it to
be received with opposite, and violent emotions
by different parts of the community, was that
which related to the Ban!: of the United States —
its believed condition — and the consequent re-
moval of the public deposits from its keeping.
The deposits had been removed — done in vaca-
tion by the order of the President — on the
ground of insecurity, as well as of misconduct
in the corporation : and as Congress, at the pre-
vious session had declared its belief of their safe-
ty, this act of the President had already become
a point of vehement newspaper attack upon him
— destined to be continued in the halls of Con-
gress. His conduct in this removal, and the
reasons for it, were thus communicated :

" Since the last adjournment of Congress, the
Secretary of the Treasury has directed tho
money of the United States to be deposited in
certain State banks designated by him, and he
will immediately lay before you liis reasons for
this direction. I concur with him entirely in
the view he has taken of the subject ; and, some
months before the removal, I urged upon the de-
partment the propriety of taking that step. The
near approach of the day on wdiich the charter
will expire, as well as the conduct of the bank,
appeared to me to call for this measure upon the
high considerations of public interest and public
duty. The extent of its misconduct, however,
although known to be great, was not at that
time fully developed by proof. It was not until
late in the month of August, that I received
from the government directors an official report,

372

rillKTY YEAIW VIEW.

rl,*

Crilahlinliiiii; beyond ((UCNtion tliat thin pn>at nnd
powcTiul iiiKtitiition had been actively enpajred
in attenifiinj; to iiiHiienre tlio elections of the
j)tib!ic ollicers by nu-anH of its money; nnd that,
in violation of the expresH provisions of its char-
ter, it hafi, by a formal resolution, pliu;cd its
fiind.-i at the disposition of its I're.sidunt, to 1k)
employed in siistaininfj; the political power of the
bank. A copy of this resolution is contained in
the re|x)rt of the povernment directors, J)eforc
i-eferred to ; and however the object may be dis-
j^uised by cautious Innguape, no one can doubt
that this money was in truth intended for elec-
tioneering purposes, nnd the particular uses to
which it was proved to have been applied, abun-
dantly show that it was so understood. Not
only WHS the evidence complete as to the past
application of the money and power of the bank
to electioneerinp; purposes, but that the resolu-
tion of the board of directors authorized the
B;tme course to be pursued in future.

"It beinj; thu.s established, by unquestionable
proof, that the Bank of the United States was
converted into a permanent electioneering engine,
.it ajjpeared to me that the path of duty which
the Executive department of the government
uu^rht to pursue, was not doubtful. As by the
terms of the bank charter, no officer but the
(Secretary of the Treasury could remove the de-
posits, it seemed to me that this authority
ought to be at once exerted to deprive that great
corporation of the support and countenance of
the government in such a use of its funds, and
H'.icii an exertion of its power. In this point of
the case, the question is distinctly presented,
whether the people of the United btates are to
govern through representatives chosen by their
unbiassed suiirages, or whether the money and
l)0wer of a great corporation are to be secretly
exerted to influence their judgment, and con-
trol their decisions. It must now be determin-
ed whether the bank is to have its candidates
for all offices in the country, from the highest to
tlie lowest, or whether candidates on both sides
of political questions shall be brought forward
as heretofore, and supported by the usual means.
" At this time, the eftbrts of the bank to con-
Ifol public opinion, through the distresses of
some and the fears of others, are equally appar-
ent, nnd, if possible, more objectionable. By a
curtailment of its accommodations, more rapid
than any emergency requires, and even while it
retains specie to an almost unprecedented amount
in its vaults, it is attempting to produce great
embarra-ssment in one portion of the community,
while, through presses known to have been sus-
tained by its money, it attempts, by unfounded
alarms, to create a panic in all.

" These are the means by w^hich it seems to
expect that it can force a restoration of the de-
posits, and, as a necessary consequence, extort
from Congress a renewal of its charter. I am
happy to know that, through the good sense of
our people, the eUbrt to get up a panic has

hitherto failed, and that, through the inrreastil
accommodations whi<h the State banks havo
been eiiiibled to alibrd, no public distress lias
followed the exertions of the bank ; and it can-
not Ixs doubted that the cxcrcif^e of its jjowir.
nnd the expenditure of its money, as well a.s it^
efforts to spread groundle»8 alarm, will be nut
and rebuked as they deser\e. In my own siijun
of duty, I should feel myself called on, Jiy t!ii
facts disclosed, to order a scire farian afiaiiM
the bank, with a view to put an end to the chur-
tercd rights it has so palpably violated, were i;
not that the cliarter itself will expire as soon ii<
a decision would probably be obtained from thi
court of last resort.

" I called the attention of Congress to tlii^
subject in my last annual message, and informi'i
them tliat such measures as were within tht
reach of the Secretary of the Treasury, had Ix'fii
taken to ennble him to judge whether the pub-
lie deposits in the Bank of the United Statis
were entirely safe ; but that as his single po\v(.r<
might bo inadequate to the object, I recom-
mended the subject to Congress, as worthy oi'
their serious investigation: declaring it as mv
opinion that an inquiry into the transactions if
that institution, embracing the branches as well
as the principal bank, wns called for by the cndi;
which was given throughout the country t"
many serious charges impeaching their charade:,
and which, if true, might justly excite the «])•
prehension that they were no longer a safe de-
pository for the public money. The extent to
which the examination, thus recommended, wn*
gone into, is spread upon your journals, and I-
too well known to require to be stated. Such
as was made resulted in a report from a major-
ity of the Committee of Ways and Means, touch-
ing certain specified points only, concluding with
a resolution that the government deposits nii};lit
safely be continued iu the Bank of the United
States. This resolution was adopted at the clos«
of the session, by the vote of a majority of tin
House of Representatives."

The message concluded with renewing the re
commendation, which the President had annuallj
made since his first election, in favor of to
amending the constitution in the article of tlic
presidential and vice-presidential eltctions, a
to give the choice of the two first officers of tk I
government to a direct vote of the people, ana
'that " every intermediate agency in the election
of those oflScers should be removed." This n-
commendation, like all which preceded it, rcniait-
ed without practical results. For ten years |
committees had reported amendments, and mem-
bers had supported them, but without obtaiiiinj I
in Congress the requisite two thirds to refer the
proposition of amendment to the vote of t!i(

ANNO 1883. ANDREW JACKSON, I'RIi^IDENT.

373

roiiph the inrri'asel
c State Imnks )iav«
I public <listivsH has
lie hiink ; aiul it run-
;xcrcipe of its i)owtr.
money, as well as u-
18 alarm, will hv nut
>. In my own splnri
ielf called on, liy t!i.
scire ftiriuM aj;aiii>t
lit an end to the olmr-
ably violated, wtri; i;
will expire ah soon n-
be obtained froin th.

of ConprcsB to tlii;
message, and informi'l
i as were within thf
he Treasnry, had Ixcii
dpe whether the pul).
of the United .Stall^
at as his single powii -
the object, I ncom-
'ongress, as worthy n.'
1: declaring it as my
ito the transactions I if
T the branches as will
i called for by the cridii
chout tho country tn
caching their character,
t justly excite the up-
|c no longer a safe do-
loney. The extent to
lius recommended, wu*

your journals, and i-
re to be stated. Such
a report from a major-
^'ays and Means, touch-
s only, concluding with
;mment deposits mijiht
e Bank of the Unitil
ivas adopted at the close

c of a majority of the

with renewing the re
President hadannuallj
ection, in favor of .>o
n in the article of the
;sidential elections, !ii
two first officers of the |
vote of the people, arni
agency in the electioc
te removed." This re-
lich preceded it, remain-
jsults. For ten years
amendments, and mem-
, but without obtainim I
! two thirds to refer the |
-nt to the vote of the

jiconlc. Three causes rombine<l always to pre- 1
Tfnt the coneurn-nce of that majority : 1. The!
rons^crvative spirit of many, who are unwilling, ]
under any circuniiitances. to touch an exi.sting '
institution. 2. The enemies of popular election.*;. ■
who deem it unsafe to lodge the high power of I
ilw presidential election, directly in the 'jands of j
tlie people. 3. The intriguers, who wish to
manage these elections for their own benefit,
and have no means of doing it exci'pt through
the agency of intermediate bodies. The most
potent of these agencies, and the one in fact
which controls all the others, is the one of
latest and most spontaneous growth, culled
•conventions "—originally ndoptetl to supersede
the caucus system of nominations, but which
retains all the evils of that system, and others
iieculiar to itself. They are still attended by
members of Congress, and with less respoasi-
hility to their constituents than when acting in
a Congress caucus. A large proportion of the
delegates arc either self-appointed or so intri-
puingly appointed, and by such small numbers,
as to constitute a burlesque upon popular repre-
sentation. Delegates even transfer their func-
tions, and make proxies — a prerogative only al-
lowed to peers of the realm, in England, in their
])arliamentary voting, because they are legisla-
tors in their own right, and represent, each one,
himself, as his own constituent body, and owing
responsibility to no one. They meet in taverns,
the delegates of some of the large States, at-
tended by one or two thousand backers, sup-
plied with money, and making all the public ap-
pliances of feasting and speaking, to conciliate
or control votes, which ample means and deter-
mined zeal can supply, in a case in which a per-
sonal benefit is expected. Tho minority rules,
that is to say, baffles the majority until it yields,
and consents to a " compromise," accepting for
that purpose the person whom the minority has
held in reserve for that purpose ; and this mi-
nority of one third, which governs two thirds,
is itself usually governed by a few managers.
And to complete the exclusion of the people from
all efficient control, in the selection of a presi-
dential candidate, an interlocutory committee
is generally appointed out of its members to
act from one convention to another — during the
whole interval of four years between their period-
ical assemblages — to guide and conduct the pub-

lic mind, ii; the difTorcnt Statro, to tin- support of
the iK'rxiin fin whuni tlicy liuve siTiftly a^'rl'^•d.
After the nrmiination is over, and the eli'i-titiu
etlected, liie managers in these nuniiuatiinis
ojH'iily reimir to the new I'nsident, if they have
been successful, and demand rewards fnr their
labor, in the sha|>e of ollices for them.selvcs an<l
connections. This is the way that presidential
elections are now made in the United States ;
for, a party nomination is an election, if the
party is ."(trong enough to make it ; and, if one
is not, the other is ; for, both parties act alike,
and thus the mass of the people have no more
part in selecting the person who is to be their
President than the subjects of hereditary mon-
archs have in begetting the child who is to rule
over them. To such a point is the greatest of
our elections now sunk by the arts of " interme-
diate agencies ; " and it may be safely a.ssunie(l,
that the history of free elective governments
afibrds no instance of such an abandonment, on
the part of legal voters, of their great constitu-
tional privileges, and quiet sinking down of the
millions to the automaton performance of deli-
vering their votes as the few have directed.

CHAPTER XCII.

I'.EMOVAL OF TIIK DKPOS1T3 TKOM THE BANK
OF THii UNITED STATES.

The fact of this removal was communicated to
Congress, in the annual message of the Presi-
dent ; the reasons for it, aud tho mode of doing
it, were reserved for a separate communication ;
and especially a report from the Secretary of
the Treasury, to whom belonged the absolute
right of the removal, without assignment of any
rea.sons except to Congress, after the act was
done. The order for the removal, as it was
called — for it was only an order to the collectors
of revenue to cease making their deposits in
that bank, leaving the amount actually iri it, to
be drawn out of intervals, and in diflerent sums,
according to the course at the government <iis-
bursements — was issued the 22d of September,
and signed by Roger B. Tajiuj', Esij., the new
Secretary of the Treasury, appointed in place of
Mr. Wm, J. Duane. who, refusing to make the to-

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374

TIIIKTY YKAIW VIKW.

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iiioviil, ii|iiiii tilt' rt'f|Ut'Ht of tlic I'rt'Hiilent, was
liiinsi'lf rt'iiKivc'l. This inoasiire (tlic roiisin^r to
ilfjtosit the jmljlic n.oiicyH with the Itatik of tlu-
Liiitcil .States) was the Prfsidi'iil's own inca-
mirc, conceived by liini, carried out l>y hitn, de-
fv'iided by him, and its fate dci)ondt'nt iijion him.
lie ha<l coa<Ijutor.s in every jiart of the biiciness,
but tlie measure was his own ; 'iir this heroic
civil measure, like n heroic military resolve, had
to be the offsprins^ of one great mind — self-act-
ing and poised — seeing; its way through all diffi-
culties and dangers ; and discerning ultimate
triumph over all obstacles in the determination
to conquer them, or to perish. Councils arc
good fur safety, not for heroism — pood for es-
capes from perils, and for retreats, but for ac-
tion, and csiwcially high and daring action, but
one mind is wanted. The removal of the depo-
sits was an act of that kind — high and daring,
and reqtiiring as much nerve as any enterprise
of arms, in which the President had ever been
engaged. Ilis military exploits had l>cen of his
own conception ; his great civil acts were to be
the same : more impeded than promoted by
councils. And thus it was in this case. The
majority of his cabinet was against him. His
Secretary of the Treasury refused to execute
his will. A few only — a fraction of the cabinet
and some friends — concurred heartily in the
act : 5Ir. Taney, attorney general, Mr. Kendall,
Mr. Francis P. Blair, editor of the Globe; and
Bome few others.

He took his measures carefully and deliber-
ately, and with duo regard to keeping himself
demonstrably, aa well as actually right. Obser-
Tation had onl}' confirmed his opinion, commu-
nicated to the previous Congress, of the miscon-
duct of the institution, and the insecurity of the
public moneys in it : and the almost unanimous
vote of the House of Representatives to the
contrarj', made no impression upon his strong
conviction. Denied a legislative examination
into its affairs, he determined upon an executive
one, through inquiries put to the government
directors, and the researches into the state of
the books, which the Secretary of the Trea-
sury had a right to make. Four of those di-
rectors, namely, Jlessrs. Henry D. Gilpin, John
T. Sullivan, Peter Wager, and Hugh SIcEldery,
made two reports to the President, according to
the duty assigned them, in which they showed

great misconduct in its management, and a pii;!
|)i'rversion of its fimdn to undue and i>ontiiT;
purposes. .Some extracts from these npurs
will show tlie nature of this report, the nam. <
of j)ersons to whom money was paid Ix'ingoinit.
ted, B.S the only object, in making the extrn":,
is to show the conduct of the bank, and not i.
disturb or uflect any individuals.

" On the 30th November, 183n, it is statod nn
the minutes, that ' the jjri-sident 8ubinitt( d to
the Ijoaid a copy of an article on banks and ctir-
n-ncy, just published in the .liiwricnii (iitnrtirhi
Jfpfiew of this city, containing a favorable iv'-
ticc of this institution, and suggested the exfK-
diency of making the views of the author nifire
extensively known to the public than tluy caj
be by means of the subscription list.' AViicr,'-
npon, it was, on motion, ^Itnsolced, That tl:'
president be aiithorizcd to take such nieasnit-.
in regard to the circulation of the contents ( i
the said article, either in whole or in part, as ho
may deem most I'or the interests of the lank.'
On the 11th March, 1831, it again appears t.v
the minutes that 'the president stated to tli;
board, that, in consefjuence of the general de-
sire expressed by the directors, at one of thiir
meetings of the List year, subsequent to the a'!-
journnicnt of Congress, and a ve.'bal understaiul.
ingwith the boanl, measures had been taken \<y
him, in the course of that year, for furnishin.-
numerous copies of the reports ((f General .Smith
and Mr. McDuffie on the subject of this hank,
and for widely dissemin.ating their contciils
through the Lnited States; and that he b.s
since, by virtue of the authority given him bv
a resolution of this board, on the 30th day ( f
November last, caused a large edition of Mr.
Gallatin's essay on banks and currency to U
published and circulated, in like manner, at t!,i
exijcn-ee of the bank. He suggested, at the ."nni'
time, the propriety and expediencj'of extendiii;'
still more widely a knowledge of the concorn>
of this institution, by means of the republira-
tion of other valuable articles, which had issued
from the daily and periodical press.' AVhcn-
upon, it was, on motion, '• licsolved, That \\v
president is liereby authorized to cause to h
prepared and circulated, such documents ani
papers as may communicate to the peojile inlor-
mation, in regard to the nature and oi)eratioiis
of the bank.'

" In pursuance, it is presumed, of thcFc re?o-
lutions, the item of stationary and printing wa-
increased, during the first half year of l8ol. to
the enormous sum of ^29,970 92. exceeding that
of the previous half year by ^23,000, and ex-
ceeding the semi-annual expenditure of ISilti,
upwards of $20,000. The expense account it-
self, as made up in the book which was submit-
ted to us, contained very little information ixla-

ANNO 1883. ANOFwrW JACKS»">N. TRt^IDF-NT.

373

tivc to the particulnre of this oxpt'ndituro, and nml minority n-port'*; S'-'-'' f'T fmirtiTH tlio's
ire an' <>blij;t''l, i'l onltjr to obtain 'htm, to it-' — ' -' - *• "" - >'- • ■• - — .-..:.- i .. i.
sort t" 1" inspection of tlii' vouch' r.-i. Ainonjr
pihor o'linSi wno one of S".^*"l. s'ftti'd to have
tifcn paifl "1 onlers of the pre>' icnt, un<kT the
n^liilion of 11th March, ly>l, and the orders
jIichl^lIvc.^ were the only vouchers of the expen-
iliturc which we found on file. Some of the or-
ders, to the amount of ahoiit SL^t'O. stated that
the expenditure was for distributing (Jeneral
Smith's anil Mr. McDuflie's reports, and Mr.
(iiillatin'.s pamphlet ; but the rest stated gene-
rally that it was made under tlie resolution of
Uth of March, ISHl. There were also numer-
ous bills and receipts for expenditures to indi-
vidual!*: jjll,30() for distributing; Mr. Gallatin's
iiaraphlet; Sl.^"5 TS for 5,000 copies of General
Smith's and Mr. McDufiie's reports, Ac. ; ^440
for 11,000 extra papers ; of the American iieii

tinel, Sll2i> 74 for printing, foldinp, packinp, and
postage on 3,000 extras ; !tjl,8;i0 27 for upwards
of 50,000 copies of the National (Jazette, and
EUpplements containing addresses to members
of State lepislaturea, reviews of Mr. Benton's
Fpecch, abstracts of Mr. Gallatin's article from
the Ainericun Qiiaiterly Jteview, and editorial
article on the project of a Treasury Bank;
Si 447 75 for 25,000 copies of the reports of
Mr. McDuffie and General Smith, and for 25,000
copies of the address to members of the State
legislatures, agreeably to order; $2,850 for
01,000 copies of 'Gallatin on Banking,' and
2 000 copies of Professor Tucker's article.

" During the second half year of 1831, the
item of stationery and printing was $13,224 87,
of which $5,010 were paid on orders of the
president, ana stated generally to be under the
resolution of 11th March, 1831, and other sums
were paid to individuals, as in the previous ac-
count, for printing and distributing documents.

"During the first half year of 1832, the item
of stationery and printing was $12,134 10, of
which $2,150 was stated to have been paid on
orders of the president, under the resolution of
11th March, 1831. There are also various in-
dividual payments, of which we noticed $100 38
for one thousand copies of the review of Mr.
Benton's speech ; $200 for one thousand copies
of the Saturday Courier ; $1,176 for twenty
thousand copies of a pamphlet concerning the
bank, and six thousand copies of the minority
report relative to the bank; $1,800 for three
hundred copies of Clarke & Hall's bank book.
During the last half year of 1832, the item of
stationery and printing rose to $26,543 72, of
which $G,350 are stated to have been paid on
orders of the president, under the resolution of
11th March, 1831. Among the specified charges
wc observe $821 78 for printing a review of the
veto ; $1,371 04 for four thousand copies of Mr.
Ewing's speech, bank documents, and review of
the veto ; $4,106 13 for sixty-three thousand
copies of Mr. Webster's speech, Mr. Adams's
and Mr. McDuffie's reports, and the majority

snnil extras of 'i'/if {'rutirtnr, cfMitaiiiing \niui
docunK'nts ; S'-,5!<3 50 for jiriiitiii;; iiml di-Iri
liutin^ refM>rt-', Mr. Web^-ter's s|i«r<'b, Ac.
$150 12 for prinlii.'r the fijierclics of .^^•.■i^^•■.
Clay. Kwiiiir. imd Smith, and .Mr. Adams's r^>-
jiort ; $1,512 75 to .Mr. ('lark, for )>rinting Mr.
Webster's speech and articles fin the veto, iiii'l
$2,422 (.5 fcir tifty-two thousand live huudrt d
copies of Mr. Webster's sfK'ech. There is also
a charge of .$1,040 paid on orders of the pre-i-
ilent. stating that it is for expenses in nicii-suMS
for protecting the bank aguinst a run on the
Western branches.

"During the first half year of 18.":^ the item

of stationery and printing was .$!>.()',)3 5!). of

which $2.(i()0 are stated to have Ixen paid on

orders of the president, under the resolution of

There is also a charge of

the report of the exchanj;!)

1 1th March, 18:n.
$8(10 for iirinting
committee."

Those various items, amounting to about
$80,000, all explain them.selves hy their names
and dates — every name of an item referring to
a political purpose, and every date corrcsjxjiul-
ing with the impending questions of the re-
charter and the presidential election ; and all
charged to the expense account of the bank — a
head of account limited, by the nature of the
institution, so far as printing was concerned, to
the printing necessary for the conducting of its
own business ; yet in the whole sum, making
the total of $80,000, there is not an item of that
kind included. To expose, or correct these
abuses, the government directors submitted the
following resolution to the board :

" Whereas, it appears by the expense account
of the bank for the ycar.s 1831 and 1832, that
upwards of $80,000 were exijcnded and charged
under the head of stationery and printing dur-
ing that period ; that a large proportion of this
sum was paid to the proprietors of newspapers
and periodical journals, and for the printing,
distribution, and postage of immense numbers
of pamphlets and newspapers ; and that about
$20,000 were expended under the resolutions
of 30th November, 1830, and 11th March, IH.!!,
without any account of the manner in which,
or the persons to whom, they were disbursed :
and whereas it is expedient and proper that thy
particulars of this expenditure, so large and
unusual, which can now be ascertained only by
the examinaton of numerous bills and receipts,
should be so stated as to be readily submitted
to. and examined by, the board of directors and
the stockholders : Therefore, Jtesoived, That the
cashier furnish to the boarfl, at as early a day
as possible, a full and particular statement of
all these expenditures, designating the sums of

/i.v

■"■ :/(

' 'I'
■ ■,' t

376

THIRTY YEARS* VIEW.

Ifel

■Hm

monry paid to vsu-h jicr-'on. flic (|ii!intity an<l
imnu-H <»f Uic doctiiiu'iits fiinii.'ihcd liy him, ami
his ch(ir>rt's for thu (listrihiilioii uri'i jiostjiixe of
tilt' KiiiiK.' ; tiijrctJicT with us full u t^tutiMiu'iit a.s
may he of the cxjK'ndilurt's uikIlt tlu' ri-SDlu-
tinns of 'M>t\\ NoviinWr, \H'M, and llth March,
18.'!l. Thnt he nscTrfniii wliethi-r cxpcn<lit>iri'H
of the sHiiK' I'hnrncter have been made at any of
the oHices. and if fo, procure Kimiinr statementH
tlicreof, with the authority on which they were
made. 'J'hat the said resolutions he rescinded,
and no further expenditures made under the
same."

Tills resolution was rejected by the board,
and in place of it another was adopted, declar-
ing pcifect confidence in the president of the
bank, and directing him to continue his exjwn-
dlturcs under the two resolves of November
and March according to his dij^cretion ; — thiis
continuing to him the power of irresponsible
expenditure, both in amount and object, to
any extent that he pleased. Tlie reports also
showed that the government directors were
treated with the indignity of being virtually
excluded, both from the transactions of the
bank, and the knowledge of them ; and that
the charter was violated to effect these outrages.
As un instance, this is given : the exchange
committee was in itself, and even confined to its
proper duties, that of buying and selling ex-
change, was a very important one, having the
application of an immense amount of the funds
of the bank. While confined to its proper du-
ties, it was changed monthly, and the directors
served upon it by turns ; so that by the process
of rotation and speedy renewal, every member
of the directory was kept well informed of the
transactions of this committee, and had their
due share in all its great operations. But at
this time — (time of the renewed charter and
the presidential election) — both the duties of
the committee, and its mode of appointment
were altered ; discounting of notes was permit-
ted to it, and the appointment of its members
was invested in Mr. Biddle ; and no govern-
ment director was henceforth put upon it.
Thus, a few directors made the loans in the
committee's room, which by the charter could
only be made by seven directors at the board ;
and the government directors, far from having
any voice in these excha,nge loans, were igno-
rant of them until afterwards found on the
bcoks. It was in this exchange committee that

most of tlie loans to members of Congri'Rs wcp^
made, and under whose operations the greater
losses wire eventually incurred. The reiwrt df
the four directors also showed other pri'at mi».
conduct on the part of the bank, one of which
was to nearly double Its discounts at the n|^
proaching termination of the charter, runnin;;
them up in less than a year and a half from
about forty-two and a half to about seventy nn'l
a half millions of dollars. General Jackson Wii<
not the man to tolerate these illegalities, cor-
ruptions and indignities. lie, therefore, deter-
mined on ceasing to use the institution anv
longer as a place of deposit for the public
moneys ; and accordingly commimicated his in-
tention to the cabinet, all of whom had been
requested to assist him in his deliberations on
the subject. The major part of them disscntcfl
from his design ; whereupon he assembled them
on the 22nd of September, and read to them a
paper, of which the following arc the more es-
sential parts :

" Having carefullj' and anxiously considered
all the facts and arguments which have been
submitted to him, relative to h removal of the
public deposits from the Bank of the United
States, the President deems it his duty to com-
municate in this manner to his cabinet the final
conclusions of his own mind, and the reasons
On which they are founded, in order to put
them in durable form, and to prevent miscon-
ceptions.

" The President's convictions of the dangeroui
tendencies of the Bank of the United States,
since signally illustrated by its own acts, weru
so overpowering '.vhen he entered on the duties
of chief magistrate, that he felt it his duty, not-
withstanding the objections of the friends by
whom he was surrounded, to avail himself of
the first occasion to call the attention of Con-
gress and the people to the question of its k-
charter. The opinions expressed in his annual
message of December, 1829, were reiterated in
those of December, 1830 and 1831, and in that
of 1830, he threw out for consideration some
suggestions in relation to a substitute. At the
session of 1831-'32 an act was passed liy a ma-
jority of both Houses of Congress recharteriuj;
the present bank, upon which the President felt
it his duty to put his constitutional veto. In
his message, returning that act, he repeated and
enlarged upon the principles and views brielly
asserted in his annual messages, declaring the
bank to be, in his opinion, both inexpedient and
unconstitutional, and announcing to his country-
men, very unequivocally, his firm determination
never to sanction, by his approval, the continu-

ANNO lara ANDRKW JACKSON, rRF>lI>KNT.

377

yn-c nf that ■ution or llii" establishment of ,
in\ dthiT ui>. n r)»iiilar principles.

••TluToaro ctronn roasoim for U'liovin;: that
,f„i motive of the bank in askiiipfor a rechartiT
Ht tiiat Hession of (Aonpn-ss. was to make it a
1, uliiiC question in the election of u I'resiilcnt of
ilii. Initeil States the cnsuinp Novemlwr. and
,11 (jti'ii!* <Iccme(l necessary wen- taken to pro-
i-iiro fmrn the ptKjple a reveisal of the I'rosident's
jLcision. I

- Alllioiigh the charter was appronchin;; its '
ti nninntion, and the bank wan auuru that it waM
till' intention of the government to use the public
deposit as fast as it haa accrued, in the pay-
mint of the public debt, yet did it extend its
loins from January, 1831. to Afav, 1832, fW)m
5;ii!.402.304 24 to $70,428,070 72,'beinK an in-
orcasc of !S;28,025,7(1G 48, in pixtcen months.
It isconlidently believed that the leading object
if this iniraenso extension of its loans was to
lii'iii;: as large a portion of the people as possible
iimliT \\.» power and inilucnce ; and it has been
(li?ck)?cd that some of the largest sums were
■ranted on very unusual terms to the conductors
ul'thc public press. In some of these cases, the
motive was made manifest by the nominal or
in:-ufticicnt security taken for the loans, by the
urge amounts discounted, by the extraordinary
t me allowed for payment, and especially by the
Hibscqiiont conduct of those receiving the ac-
commodations.

•'Having taken these preliminary steps to
(ilitain control over public opinion, the bank
fiimc into Congress and asked a new charter.
I'he object avowed by many of the advocates of
the bank, was to jiut the President to the lest,
that the country might know his final determina-
tion relative to the bank prior to the ensuing
diction. Many documents and articles were
lirintcd and circulated at theexpense of the bank,
to bring the people to a favorable decision upon
iti? pretensions. Those whom the bank appears
to have made its debtors for the special occasion,
were warned of the ruin which awaited them,
j^hould the President be sustained, and attempts
I were made to alarm the whole people by paint-
ing the depression in the price of property and
I poduce, and the general loss, inconvenience, and
distress, which it was represented would imme-
diately follow the re-election of the President in
opposition to the bank.

" Can it now be said that the question of a

rccharter of the bank was not decided at the

ilection which ensued? Had the veto been

equivocal, or had it not covered the whole

I ground— if it had merely taken exceptions to

I the details of the bill, or to the time of its passage

-if it had not met the whole ground of consti-
Itutionality and expediency, then there might
I have been some plausibility for the allegation
I that ttie question was not decided bv the people,
lit was to compel the President to take his stand,
[that the question was b-.ought forward at that
* narticular time. lie met the challenge, willingly
ItuoK uw riosition into which his adversaries

Bought to foreo liini. nml fiviiiKly iliclnrcd his
unaltemble ojipnsitidii totlic \>;\\\ ii- lKiiipli<itl>
uncdustltutiiiaul and in<'\|>( ilii ll^ (in tb.' the p<ii|ili'. and
now that the jK-ople have su^taiiicil ttio l'rr>:-
dent, n<itwitlistandin;r the array of intliieiiccaiid
power wliieli was broujrht to bi'iir iii'on him, it
is too late, he confidently thinks, t > i-ny that
the niu'stion has not Ix-in tleciilcl. WImtcvi r
maybe the opitiions of others, the I'lisultnt con-
siders his re-election as a decision of the iieopli'
against the bank. In tho roncluding ])unigru|ih
of his veto message he said :

"' I have now done my duty to my country.
If sustained by my fillow-eitizms, I shnll Ite
grateful and happy; if not, I sliall find in the
motives which iniiK-l me, ample grounds for con-
tentment and peace.'

" He wa.s sustained by a just pcojile, nu'l he
desires to evince his gratitude by carrying iiitf) ef-
fect their decision, so far as it rlepeiuls upon him.

" Of all the substitutes for the present bank,
which have been suggested, none seems to have
united any considerable portion of the public iii
its favor. Most of them are liable to the samo
constitutional objections for which the present
bank has been condemned, and perhaps to all
there are strong objections on the score of ex-
pediency. In ridding the country of an int;-
spon.siblc power which has attempted to control
the government, car'> must be taken not to unite
the same power with the executive branch. To
give a President the control over the currency
and the power over individuals now possessed
by the Bank of the United States, even with the
material difference that ho is responsible to the
people, would be us objectionable and as danger-
ous as to leave it as it is. Neither the one nor
the other is necessary, and therefore ought not
to be resorted to.

" But in the conduct of the bank m,iv be found
other reasons, very imperative in their character,
and which require prompt action. Developments
have been made from time to time of its faith-
lessness as a public agent, its misajiplication of
public funds, its interference in elections, its
efforts, by the machinery of coinniittecs, to de-
prive the government directors of a fidl Inow-
ledgo of its concerns, and above all, its fi^-grant
misconduct as recently and unexi)ectedly dis-
closed, in placing all the funds of the bank,
including the money of the government, at the
disposition of the president of the bunk, as means
of operating upon public opinion and procuring
a new charter without requiring him to render
a voucher for their disbursement. A brief reca-
pitulation of the facts which justify these charges
and which have come to the knowledge of the
public and the President, will, he thinks, remove
every reasonable doubt as to the course which
it is now the duty of the President to pursue.

" Wo have seen that in sixteen months, ending
in May, 1832, the bank hod extended its loans
more than ^28,000.000, although it knew the
goTcmment intended to appropriate most of ita

K^'

■• ■ .!'

378

TIIinTY YEARS' VIEW.

SHSi vt

:ff

■,'ff

I-

larjtc «l<'|>o«it diirin;; timt vi-nr in pnymont of
till- ]Mit.l<' il.l.t. It w:n in Mny, 18:tl2, thnt itH
lo.ms iirrivt (I at tJu' iiiaxiiiiuiii. im'l in the pre-
rcdiii^ Miirrli, co scnsililo whm the hunk thiit it
woiil'l not lie iiMi! to \y,\y over thi- piihlin (l('|)<>Hit
will II ii wniild lio rt'iiuiroil liy thu (rovi'mnii'nt,
tliiit it coimiii'iuHMl II vc'crti iii';:otiiition witliont
tlif n|i])i'oli:itioii or ki \vlc(l;:for tlicfrovi'miiH'nt,
with the ii^rcnts, for iihoiit S-."'"M"*<> of the
tliiv-c i»ir cent, htocks hiid in Holliind, with n
vit;\v of indiiciiifc them not to roine forward for
juiynicnt (or on<' or more _v<'»r-< nftcr notife nhoiiid
l<i' >:ivcn liy tin' 'I'rciiKiiry Dcpartniciif. Tiiis
arranfri'mcnt would have enu!)l(.'d the hank to
ki'i'p and ii>c' diirinf; that time the piilihc money
Ft't apart for tiie |)ayint'nt of these stocks.

"AltlioML'h the charter and the rules of the
hank, ])otii. declare that 'not less than seven di-
rectors' shall l>i( necessary to the tiansnction of
business, yet. the most important business, even
that of f;raiitin;; discounts to any extent, is in-
trnstetl to a committee of flvc members who Uo
not report to the boanl.

" To cut oir all means of commnnication with
the goveininent, in relation to its most important
acts, at the commencement of tlio present year,
not one of the "lovernment directors was placed
on any one committee. And althouph since, by
an unusual rcmodellinp; of those bodies, some
of those directors have been placed on somo of
tho conimiltees, they arc yet entirely excluded
from the conmiittee of exchnnjie, through wliich
the preatest and most objectionable loans have
been made.

•• When the povernmcnt directors made an
effort to briup back the business of tho bank
to the l)oard, in obedience to tho charter and
the existing; regulations, the board not only over-
ruled their attempt, but altered the rule so as
to make it conform to the practice, in direct vio-
lation of one of tho most inlportant provisions
of the charter which gave them existence.

" It has long been known that the president
of the bank, by his single will, originates and
executes many of tho most important measures
connected witli the management and credit of
the bank, and that the committee, as well as the
board of directors, arc left in entire ignorance
of many acts done, and correspondence carried
on, in their names, and apparently under their
authority. The fact has been recently disclosed,
that an unlimited discretion has l)een, and is now,
vested in the president of the bank to expend
its funds in payment for preparing and circulat-
ing articles, and purchasing pamphlets and news-
papers, calculated by their contents to operate
on elections and secure a renewal of its charter.

" AVith these facts before him, in an official
report from the p;()vernment directors, the Pre-
sident would feel that he was not only responsi-
ble for all the abuses and corruptions tho bank
has committed, or may commit, but almost an
accomplice in a conspiracy against that govern-
ment which ho has sworn honestly to administer.
If he did not take every step, within liis consti-

tntionnl and letrtl

likelv to Im

power, likely to I.C efli,.|,.:,|
in putting an end to the»<' rnomiiti*-*. |f .) j,
possible, within the scojh? df hiiiiian nllhirt i„
•ind a reason fur remnviiip the Kovcriiinciit ,|, .
jKJsits, and leaving the bank to its own rc^nnr |.
for the means of elfcrtiii;.' its criminal (leM;Ti-
wo have it hen*. Was Lt expected, whciitti.
moneys of the I'nited Slates weiv directed to i„
placed in that bank, that they would U- ,„^
under the control of ont' man, empowcnd i,
■|ii>nd millions without rendering a voikIkt i.r
specifying tho object ? Can they b • consider,]
safe, with the evidence l)efore us that tens i.f
thousands have been spent for highly iinprotuT
if not corrtipt, ptirposcs, and that tlie same mi-
tivo may lead to tho exjienditnro of hundnilj
of thousands and even millions more? Anl
can we justify ourselves to the people by loncir
lending to it the money and power of the goviri;.
ment, to bo employed for such purposi-s ?

" In conclusion, the President must lj«j per.
mitted to remark that ho looks upon the i^M-
ing question as of higher consideration tlinii ti,i>
mere transfer of a sum of money from one Imiik
to another. Its decision may a'tlcct the charar-
tcr of our government for ages to come. ShunM
tho bank be suffered longer to tise the piihlic
moneys, in the accomplishment of its jiurjiosis,
with the proof of its faithlessness and corrupt
tion before our eyes, the patriotic among oiir
citizens will despair of success in strupglin;.
against its power ; and we shall be responsiljle
for entailing it upon our country for ever. \icw
ing it as a question of transcendent important,
both in the principles and consequences it in-
volves, tho President could not, injustice to the
responsibility which he owes to the country.
refrain from pressing upon tho Secretary of tl',v
Treasury his view of tho considerations whicli
impel to immediate action. Upon him has Ixin
devolved, by the constitution and the suffraiKs
of the American people, the duty of sujicrir.-
tending the operation of the Executive depai;-
monts of the governments, and .seeing that the
laws are faithfully executed. In the jierfonn-
ance of this high trust, it is his undoubted right
to express to those whom the laws and his own
choice have made his associates in the admini.'-
tration of the government, his opinion of their
duties, under circumstances, as they ari^e. It
is this right which he now exercises. Far be it
from him to expect or require that any mem'jer
of tho cabinet should, at his request, order, or
dictation, do any act which he believes unlaw-
ful, or in his conscience condemns. I rom them,
and fiom his fellow-citizens in general, he de^
sires only that aid and support which their rea-
son approves and their conscience sanctions.

" The President again repeats that he begs his
cabinet to consider the proposed measure as hii
own, in the support of which ho shall require
no one of them to make a sacrifice of opinion oi
principle. Its responsil:?lity has been assumed,
after the most mature deliberation and refiec-
i tion, OS necessary to preserve the morals of the

ANNO ISSS. ANKIIKW JACKHiN. PriJSII>F.NT.

379

«sip!r, tlic frwiom of the pn-M. tnH the piiritv
„(• itie clci'Mvi' frnnrhiM', wilhrxit whirh, nil will
imtr in .".iviit^j that flu- hlixxl nnd trra-nn' rx-
i.ri'ii''l Ipv our fortTntluT*. in the i'Ktii>>li«hinriit
,.|' oiir h.'ipF'V "VHtotii of piviTnmcDt, will have
K.'nvain aii'l fniitlt"*'', rii'lcr thc><c ronvirtii>n»,
l„. liiJH timt amenxiiro ho importiint to fhi- Ainc-
fioari p^T'" '■annot Ui roimncnrt'd tan kohh ;
and hi', tluTt'foro, nanioH tlio llrHt Any of OptoU-r
inxt Bs a piTKHl proper for the chnn(n' of Ihi'
iliiositx, or poom-r, proviilvd tiu' noocsHnry ar-
Niit^nicnts with the Slate banks can be made."

1 wan in the State of Virginia, when tlie O'tobe
i;t'«-.-I>ni«.'r arrived, towards the end of Septcm-
I,. r, brinpinR this " paper," which the President
liaJ nad to \m cabinet, and the further informa-
ti)n that he had cariiod his announced desi^i
into iftVct. I felt an emotion of the moral Bub-
limt; ut beholding such an instance of civic hero-
i-iii. IK're was u President, not bred up in the
pi^htical profession, taking a great Btcp upon hia
own responsibility from which many of hia ad-
visers shrunk ; and magnanimously, in the act
itstlf, releasing all from the peril that ho en-
countered, and boldly taking the whole upon
himself. I say peril ; for if the bank should
I conquer, there was an end to the political pros-
ic<ts of every public man concurring in the re-
moval, lie believed the act to be necessary ;
nnd believing that, ho did the act — leaving the
consequences to God and the country. I felt
I tiiat a great blow had been struck, and that a
Ipreat contest must come on, which could only
I be crowned with success by acting up to the
Ifpirit with which it had commenced. And I
I repaired to Washington at the approach of the
iFession with a full determination to stand by
Itlie President, which I believed to be standing
|))y the country ; and to do my part in justify-
ling his conduct, and in exposing and resisting
Jtlie powerful combination which it was certain
Ivrould be formed against him.

CHAPTER XCIII.

WNK PROCKEDINOS, ON 8EKIN0 THE DE> ISION
OK TIIK PKESIUENT, IN KELATION TO TUli KE-
MOVAL OF THE DEPOSITS.

IMMEDIATELY OH the publication in the Globe

Y the " Paper read to the Cabinet," the bank

ok it into consideration in all the forms of a

c<>-or<linato l»o«ly. It «iininiMno<l .•» nic-ting of
thf dinrtnrs— Bp|i<iiiiti'd n ciinnnillci — r>f riid
the PreHidfiit's ' l'a|i»r" t'> it — onlere I it to n-
|iort — held aiiullii'r MU't'tinit to ncrixc tiie ri'-
|)ort — ailoptt'd it (tlu' govcriiiiunt «lin.rtorH,
(lilpin, \Vii'/iT. and .Siillivnn votin;: ii;:iiiii.->t it)—
and ordiTi'il livi- thousand copii -> of ilio rrpipil
to \m! printeil. A fi-w ixtnict.H Iroiu tin- report,
entitled a .Memorial to ConuresH, arc lure >;ivrii,
for the pur|)os«> of (•bowing, I'ir.it, 'llif fciiijn r
and Btyle in which this muiieyed corporution,
deriving its existi>nce from the national Con-
gress, indulge<I itself, and that in its rorpomto
capacity, in ppeaking of the President of the
United States and his cabinet ; and, hr.rt, to
show the lead whieh it gave to the priK-eediniis
which were to Ik; had in Congress. Cnder the
first head, the following passages are given :

"The committee to whom wiisriTcrrcil on tlie
24tli of September, a paper signed '.\iidrciv Jack-
son,' purportinsr to have been read to a e,i))iiiet on
the 18th, and also another pajK-r 8i.:ned ' II. I).
Gilpin, John T. Sullivan, Peter Wager, and Hugh
McEldcry,' bearing date August IVtli, lM,;;j —
with instructions to consider the same, nnd re-
port to the board 'whether any, and what stops
may bo deemed necessary on tlie p.trt of the
board in consequence of the jiuMioation of said
letter and report,' beg leave to state —

•'To justify this measure is the purpose of the
paper signed ' Andrew Jackson.' < >f the jjaper
itself, and of tho individual who has signed it,
the committee find it difficult to speak with tho
plainness by which alone such a document, from
such a source, should bo described, without
wounding their own self-respect, and violating
the consideration which all American citizens
must feel for the chief magistracy of their coun-
try. Subduing, however, their feelings and their
language down to that respectful tone which is
due to the office, they will proceed to e.xaminu
the history of this measure, its character and
the pretexts otfered in jialliation of it.

" 1st. It would ajjpear from its contents and
from other sources of information, that the Pre-
sident had a meeting of what is called the cabi-
net, on Wednesday, tho 18th September, and
there read this paper. Finding that it made no
impression on the majority of persons assembled,
tho subject was postponed, and in the mean time
this document was put into the newspapers. It
was obviously published for two reasons. Tho
first was to intluencc the members of tho cabinet
by bringing to bear upon their immediate decis-
ion the first public impres.sion excited by misre-
presentations, which the objects of them jould
not refute in time — the second was, by the same
excitement, to atlect the approaching elections in
Pennsylvania. Maryland and New jersey. Ita

I ,',1

380

THIRTY YKAR8' VIKW.

. It"':'

n'KiiiliiiitH nr<> uhnt nrc cnllifl p<»liticiiin« (i. c,
tlif iiKhAilantM of the Iwiik)."

Siic'li i-i I lie frMii«T ntifl Hfyle in wliirli tlio
Prt-.-idciit of the I'liitcfl Stnti'H m niKikcn of )>y
tliin jrn-nt nionp}f<l corporntion, in iv memorial
ndilrcNsi'il to Cotifrn's-'. Frcvtiinr itself into a ro-
nriJiiiHlr Ixxly, nnil assuming in itn ortrpomtc
nipurily an nntliority over the PrpHiflrnt'H act,
it fliK'.x not ivcti condi'srond to call him I'ri'sidont.
It is " Andri'W JiU'l<Kon," and tlio name alwnvN
jilaced lictwooH' invcrti'd commas to mark the
lii;rh(T di';:ric of roiitcmpt. Then the corporation
shrinks frmi rcmiirkin^ on tlic "paper" itvolf,
and the " iiidivjihial" wJio sipncd it, as a thing
injurious to their own self-respect, and only to Ik;
done in consideration of the "odlco" which he
fills, and thiit iiftcr "subduing" their feelinps —
anil this was the insolence of the moneyed power
in defeat, when its champion had rccciveil but
forty-nine votes for the Presidency out of two
hundred and ei},'hty-cinht pivon in! What
would it have been in victory ? The lead which
it gave to the intended proceedings in Congress,
is well indicated in theso two paragraphs, and
the specifications under them :

" The indelicacy of the form of those proceed-
ings corresponds well with the substance of
them, which is equally in violation of the rights
of the bank and the laws of the country.

"The committee willingly leave to the Con-
gress of the United States, the assertion ii"lhoir
own constitutional power, and the vindioalion of
the principles of our government, against the most
violent assault they have ever yet encountei-cd ;
and will now confine themselves to the more limit-
ed purpose of showing that the reasons assigned
for this measure are as unfounded as the object
itself is illegal."

The illegality of the proceeding, and the vin-
di ition of the constitution, and the principles
of the government, from a most violent assault,
are the main objects left by the bank to the Con-
press ; the invalidity of the reasons assigned for
the removal, arc more limited, and lest tb Con-
gress might not discover these violations of law
and constitution, the corporation proceeds to
enumoi vte and establish them. It says :

"Ccrdinlj' since the foundation of this gov-
ernment. :>othii.g has ever been done which
more decf 'y \v<)undi5 the sprit of our free insti-
tutions, it. "1 ii-rt, r • olves its';!'" into this— that
whenever ,'ie iow- . rci?vribe c«i-fcain duties to an
otTicer. if ihnt crl,"'.;r, acting u ^ J.er the sanctions
of bis ciliciai cu<li and his private character, re-

fiiwn to violate that law, tlw Pre«iii|pnt of t]^
I'niliMl Stat* >< ntny disiniKi him anil nppi,,.
another ; and if he inn Nh«>nld prove to Ikmi -t,
fr.u'tory ^ulMndnate,' to rontitnie hii ninn ■, ,
until he at lu-' discovers in llii'd»so<ndiii'.' ., ,,
of ileirradatioii -oine irroiHtti.^ihle iiiiliviiliml i
tft Ik- the tool of his designs. I .iluippilv, f||, .
are never wanting m<n who will think n" id .
sufxTiors wifh theiu to think — men who nj»r
more the coni|Hris.ition than the 'hiiies i; i", ,,
olUce — nun to whom dnily hiijid la 8ii|[lci(t|
Consolation for daily shame.

''The jircscnt state of this question is n fi'-irf
illustration of the danger of it. At this numuM
the whole revenue of this country is at tlhi|,
posal — the absolute, unconlrollid (lispo«;i|_„f
the President of th»! I'nited States. The Im,,
declare that the public funds vhall be pliinili-
thc Bank of the (■nite<l States, unlp.>-H the Sin,!
tary of the Treasury forbids it. The SecMar
of the Treosurv will not forbid it The I'n,;.
dent dismisses him, and apjioints somelmdv v.\,
will. So the laws declare that no money v|
be drawn from t he Treasury, except o> wilrn
for ajipropriutions made by law. If tht 'i .
urcr refuses to draw his warmnf for aii) i ..
buraement, the President may d' miss hiinanl
appoint some more flexible agent, who will n^ :
hesitate to gratify his patron. The text is int|„'
official gozette, announcing the fate of tiie ili-
missed Secretary to all who follow liim. 'Tl„
agent cannot conscientiously perform the scni .
and refuses to co-operate, and desires to r. tn;a I
to thwart the President's measures. To put a:,
end to this difBculty between the head ami tit
hands of the executive department, the coii.tititu-
tion arms the chief magisti-nto with nuthnritr
to removo the refractory subordinate.' Tlj |
theory thus avowed, and the recent practice u:,
der it, convert the whole free institutions of ih* I
country into the mere absolute will of a ^insjic I
individual. They break down all the re.straiib |
which the framers of the government hoptd tlm
had imposed on arbitrary power, and iiLiti
the whole revenue of the United States in lul
hands of the President.

" For it is manifest that this removal (if tit I
deposits is not made by the order of the Sccntarv I
of the Treasury. It is a perversion of lanpiage •« I
to describe it. On the contrary, the revcri* is I
openly avowed. The Secretary of the Treasuryre-I
fused to remove I'm. n. V>.lieving, as his pulliski'f
letter declares, that tliv. fmoval was'uniKw-
sary, unwise, riinl'cti'c. ('.'•V'tniry and
He was then < • i -^ • .v ise he woum notre-l
move them, and uiiuiher was appointed bccau-cl
he wor.ld remove them. Now this is a paipalkl
violation of the charter. The bank and Congres I
agr e upon certain terms, which no one ca[
chAnge but a particular officer; who, althoniil
necessarily nominated to the Senate by the Pn-I
eldent, was designated by the bank and byCoD'l
gress as the umpire between them. Both Coi>|
gress and the bank have a right to the free dl
honest and impartial judgment of that olfioii,|

A:«N0 I83S. .\MtftF.W JA«KS4>N, I'ltFMUKNT.

3Sl

niotal ">">' '"j'"'*' ''• intt r»'."«t« — lli« ('orijrn'iiK,
i„,„«. tho miiDvikt i\^\ ttri'tlly inruiii'i,"'''
iiixl (tmtn'Hit tlii'ir ('<iiiMiitii('ii(M. In thm cm*;,
tlnv •'■'■ '!'!'riv«il of It liy tin- iinlnwfiil intrrfi't-
,tHV"f l'ni>i'l«'nt, wlin 'ttM.<Hriifi« Iht n » .on-
uliililv, vkliich U'iiin inti'r|iritwl, iiiuttiiH, II iirp«
,1,1, |«')«ir of the Sicn'turv.

'• fhc whole Htructuni of tliu Tn-umirv fhows
il,;it tlif <li'(»i«n of Coiiprisn \va»i to iiinkt' I'lo
.iiTiiiiry fts inili'p«'ii(li'iit as p<»i.HiliU> of ihi' I'tx-
fident. Till! otluT.SwTiturits aro iiuTfly cxwu-
i,n' iilliciTH J hut tho Seen tary of the Trfa-siiry,
ilic (fiiiinlum of tlio puhhc nvfiiuu, conu.s into
iii,ir«' iiuiiii'<liat« Hyini»rtthy willi the iTprt'cfnta-
tivt's of tlio |)coulu wlio |)ay tliat rereniiu; ami
iiIiIkmi^Ii, KforiliHR to tlio K«'iHTal Krht'ino of ap-
imintiMi'iu, r I- noiiiiiiatod hy the President to
■ lie ^1 r ct ' »• i« in fiict the ofllct-r of Con-
.,r».s, 11. t, lU' ■'.. IT of tlio I'residuiit.

•Thii imlepfcidenco of tho Secretary of tho
.,■,1 — ;!' it be tnio in general — is more
r^iwciuily true ii' regard to tho bank. Itwa«
i;i I'iU't tho loadiit,.* principle in or^anizin^; the
liaiili, thnt tho l'rcc!'l"iit should bo excluded
Iron I'll c introl of it. Tho (,uc8tion which most
(liviilid the House of Represenlives was, whether
tliLfc rthould bo awy govornnient directors at all;
iiiiti nithough thi i was finally adopted, yet its
iindciicy to create executive influence orer tho
liiiiik was qualilied by two restrictions: first,
iliiit no more than three directors should bo ap-
|iointeii from any ono State ; and, second, that
ihu president of tho bank should not bo, an was
oiipmiiUy dosisned by the Secretary of the
I ivasiiry, chosen from among the government
ilirt'ctors. Accordingly, by tho charter, the
Si'cret:iry of tho Treasury lu every thing — tho
I'resid'jnt comparatively nothing. The Secretary
iiutj the exclusive supervision of all tho relations
of the bank with the government."

These extracts are sufficient to show that the
corporation charged tho President with illegal
und unconstitutional conduct, subversive of the
principles of our government, and dangerous to
our liberties in causing the deposits to be re-
moved—that they looked upon this illegal, un-
constitutional, and dangt^rous conduct as the
principal wrong — and left to Congress tho as-
luriiuu of its own constitutional power, and the
vindication of the principles of the government
from the assault which they had received. And
this in a memorial addressed to Congress, of
which five thousand copies, in jminphlct form,
were printed, and the nwmbers of Congress
liberally supplied with copies It will be seen,
when we come to thp proocvilings of Congress,
how far the intimations of the memorial in
fhowing what ought to he done, and leaving

!c'o

ingrvM to du it, wm coiii|)lti'«l »ith by tlukt
body.

CHAI'TKU XCIV.

UKI'dltT . PffK SKCRKTAftY OiF TflK. TrtK.A^f RT
Ti) C»iN(»KKSS <t.V TWK UKWtiV.Vt. tiK TIIK »♦»;-
I'OfilTS,

Bv till- claiiso in the fhartiT authi. fining tlu>
Secretary of tho Triasury t«» nroovo the de-
posits, that ofllcer was rcc|iiir»'d to (-utniiuitf^'uto
the fact immediately to CongreM), if '> sesthioii,
if not, at tho firnt metling ; together with his
reasons for so doing. The act w\>m li had Ixcn
done was not a "removal," in llu- sins*' <•( that
word ; for not a dollar wum taken rrum the
Hank of the United States to bf dipo-itt d else-
where ; and the order given was wx (, r n "re-
moval," but for a cessaiitm of d^ >>-its m that
institution, leaving the public i nm^s wWwh
were in it to be drawn out in thi' ular course
of expenditure. An immefliate nd total re-
moval might have been well jus litd by tho
misconduct of tho bank; a ccs..>atii ' to deposit
might have been equally well jusli o-A on the
ground of the approaching expirai n of tho
charter, and tho propriety of providii .; in time
for tho new places of deposit which lh;ii expira-
tion would render necessary. The twi reasons
put together made a clear case, both of iustili-
cation and of propriety, for the order wh.eh had
been given ; and tho secretary, Mr. Tan. , well
set them forth in the report which he made,
and which was laid before Congress on the day
after its meeting. The following ore t.\ racts
from it:

"The Treasury department beiiu- intrn-ted
with the administration of the iiniuicos ot tho
country, it was always the duty of tho Seer ta-
ly, in the absence of any legislative provision on
the subject, to take caro that the public money
was deposited in safe keeping, in the hands of
faithful agents, and in convenient jihices, ri-ady
to be applied according to the wants of the gov-
ernment. The law incorporating the bank has
reserved to him, in its full extent, the power ho
before possessed. It does not confer on him a
new power, but reserves to him his former au-
thority, without any new limitation. The obli-
gation to assign the reasons for his direction to
deposit the money of tho United States else-
where, cannot be considered as a restriction of

382

raiRTY YEARS' VIEW.

i H
I

fc.

itillj)

the power, ticcaiisc the riftht of the Secretary to
di'sijrnatc the place of (ic|X)8it wii - always neces-
Karily subject to the control of C%)ngrcs8. And
OS the Sfcrt'tary of the Treasury pn'sidcs over
one of the executive departments of the povcm-
ment, and his power over this subject forms a
part of the executive duties of his office, the
manner in which it is exercised must be subject
to the sufwrvision of the officer to whom the
constitution has confided the whole executive
power, and has required to take care that the
laws be faithfully executed.

" The faith of the United States is, however,
pledged, according to the terms of the section
above state<l, that the public money shall be de-
posite<l in this bank, unless 'the Secretary of
the Treasury shall othcrwino order and direct.'
And as this agreement has been entered into by
Congress, in behalf of the United States, the

Iilace of deposit could not be changed by a
egislativo act, without disregarding a pledge,
which the legislature has given ; and the money
of the United States must therefore continue to
be deposited in the bank, until the last hour of
its existence, unless it shall be otherwise ordered
by the authority mentioned in the charter. The
power over the place of deposit for the public
money would seem properly to belong to the
legislative department of the government, and it
is difficult to imagine why the authority to with-
draw it from this bank was confided exclusively
to the Executive. But the terms of the charter
appear to be too plain to admit of question ; and
although Congress should bo satisfied that the
public money was not safe in the care of the
bank, or should be convinced that the interests
of the people of the United States imperiously
demanded the removal, yet the passage of a law
directing it to be done, would be a breach of the
agreement into which they huve entered.

" In deciding upon the course which it was my
duty to pursue in relation to the deposits, I did not
feel myself justified in anticipating the renewal
of the charter on either of the above-mentioned
grounds. It is very evident that the bank has
no claim to renewal, foimded on the justice of
Congress. For. independently of the many seri-
ous and insurmountable objections, which its
own conduct has furnished, it cannot be supposed
that the grant to this coiporation of exclusive
privileges, at the expense of the rest of the com-
munity, for twenty years, can give it a right to
demand the still further enjoyment of its profit-
able monopoly. Neither could I act upon the
assumption that the public interest required the
rechartor of the bank, because I am firmly per-
suaded that the law which created this corpora-
tion, in many of its provisions, is not warranted
by the constitution, and that the existence of
such a powerful moneyed monopoly, is danger-
ous to the liberties of the people, and to the
purity of our political institutions.

" The manifestations of pub'.'c opinion, instead
of being favorable to a renewal, have been decid-
edly to the contrary. And I have always regard-

ed the result of the last election of the President
of the United States, as the declaration of « n;,.
jority of the people that the charter ought not i
be renewed. It is not necessary to state hen
what is now a matter of history. The (nustion
of the renewal of the charter was introducttl
into the election by the corporation itselt. [;<
voluntary application to Congress for the rcniff.
al of its charter four years before it expired, anj
upon the eve of the election of President, wa,s im.
derstood on ail sides as bringing forward that
question for incidental decision, at the then oih
proaching election. It was accordingly arpudl
on both sides, before the tribunal of the people.
and their verdict pronounced against the bank!
by the election of the candidate who was known
to have been always inflexibly opposed to it.

" The monthly statement of the bank, of tlic
2d September last, before referred to, shows that
the notes of the bank and its branches, then in
circulatk>n, amounted to lS;18,413,287 07, and
that its discounts amounted to the sum of
SG2,653,359 59. The immcn.se circulation above
stated, pervading every part of the United State?,
and most commonly used in the business of com-
merce between distant places, must all be with-
drawn from circulation when the charter ex-
pires. If any of the notes then remain in the
hands of individuals, remote from the branches
at which they are payable, their immediate de-
preciation will subject the holders to certain los?,
Tho.se payable in the principal commercial cities
would, perhaps, retain nearly their nominal val-
ue ; but this would not be the case with the notes
of the interior branches, remote from the great
marts of trade. And the statements of the bank
will show that a great part of its circulation is
composed of notes of this description. The bank
would seem to have taken pains to introduce in-
to common use such a description of paper as it
could depreciate, or raise to its par value, as best
suited its own views ; and it is of the first impor-
tance to the interests of the public that tlic>e
notes should all be taken out of circulation, be-
fore they depreciate in the hands of the individ-
uals who hold them ; and they ought to be with-
drawn gradually, and their places supplied, a?
they retire, by the currency which will becomt;
the substitute for them. How long will it re
quire, for the ordinary operations of commerce,
and the reduction of discounts by the bank, to
withdraw the amount of circulation before men-
tioned, without giving a shock to the currency,
or producing a distressing pressure on the coir-
munity? I am convinced that the time which
.remained for the charter to rim, after the 1st of
October (the day on which the first order for
removal took effect), was not more than was
proper to accomplish the object with safety to
the community.

" There is, however, another view of the snb-
jcct, which in my opinion, made it impof?ibl«
further to postpone the removal. About the hi
of December, 18S2, it had been ascertained that
the present Chief Magistrate was re-elected.

AXXO 1833. ANDREW JACKSOX, rRESIDEXT.

:J83

ijut hit) (li>oi.sion af^tinst the bank hud thus been |
wnrtioncd by the |)c<>plc. At that time the dis- |
loiinU of the liank ainuiintc<l to <J()l,571,ft25 tWl. i
Although the in^iie which the bank took Bomuch
lains to frame ha<l now }>evn tried, and the de-
cision pronounced apainst it, yet no steps were
tilien to prepare for its ap|)roachin(» end. On
the contrary, it proceeded to enlarpe its fliscountH.
iind on the 2d of AuRast, 1833, they amounted
\v ,^(;4. 1(50,349 14, bcinj; an increacie of more
than tno and a half millions in the ei);ht months
immt'diiitely following; the decision against them.
And 80 fiir'from prepnrin,!? to arranpo its all'aira
with a view to wind up its business, it seemed
from this course of conduct, to bo the design
nf the bank to put itself in such an attitude,
that, at tlio clos<o of its charter, the country
would be cr,npelled to submit to its renewal, or
to bear all the consequences of a currency sud-
denly deranged, and also a severe pressure for the
immense outstanding claims which would then
be due to the corporation. While the bank was
thus proceeding to enlarge its discounts, an agent
was appointed by the Secretary of the Treasury
to inquire upon what terms the State banks
would undertake to perform the services to the
government which have heretofore been render-
»1 by the Bank of the United States ; and also to
ascertain their condition in four of the principal
commercial cities, for the purpose of enabling the
department to judge whether they would be safe
and convenient depositories for the public money.
It was deemed necessary that suitable fiscal
agents should be prepared in due season, and it
was proper that time should bo allowed them to
make arrangements with one another throughout
the country, in order that they might perform
their duties in concert, and in a manner that
would be convenient and acceptable to the pub-
1 lie. It was essential that a change so important
in its character, and so extensive in its operation
, upon the financial concerns of the country,
should not be introduced without timely prepara-
I tion.

"The United States, by the charter, reserved
'he right of appointing five directors of the bank.
i It was intended by this means not only to pro-
vide guardians for the interests of the public in
the general administration of its affairs, but also
I to have faithful officers, whose situation would
I enable them to become intimately acquainted
I with all the transactions of the institution, and
I whose duty it would be to apprize the proper
I authorities of any misconduct on the part of the
Icorporation likely to affect the public interest.
■The fourth fundamental article of the constitu-
Ition of the corporation declares that not less
■than seven directors shall constitute a board for
jtlie transaction of business. At these meetings
Icf the board, the directors on the part of the
|lnited States had of course a right to be pre-
ent ; and, consequently, if the business of the
orporation had been transacted in the manner
rhich the law requires, there was abundant se-
urity that nothing could be done, injuriously

affecting the interests of the |)oople, without be-
ing immedi.ntoiy communir.itt-d to the public
servant**, uiio were authorized to ninily the re*
mcfly. And if the corfmration has ci> arnin!;i'(l
its concerns as to conceal from the public direc
tors some of itF most imin^rtunt o|H.-rutii>ns, and
has thereby destroyed the safegimrds which
were designed to secure the interests of the
United States, it would seem to be very clear
that it has forfeited its claim to conlldence, and
is no longer worthy of trust.

"Instead of a boanl constituted df at least
seven directors, according to the eliarter, nt
which those appointed by the United States
have a right to be present, many 'if the most
important money transactions of the bank have
l)een, and still arc, placed under the control of a
committee, denominated the exchange commit-
tee, of which no one of the public directors has
been allowed to be a member since the com-
mencement of the present year. This commit-
tee "is not even elected by the boanl, and the
public directors h.avc no voice in their apiwint-
ment. They are chosen bj' the president of tho
bank, and the business of the institution, which
ought to be decided on by the board of direc-
tors, is, in many instances, transacted by this
committee ; and no one had a right to l)e pre-
sent at their proceedings but the president, and
those w^hom he shall please to name as members
of this committee. Thus, loans are made, un-
known at the time to a majority of the board,
and paper discotmted which might probably bo
rejected at a regular meeting of the directors.
The most important operations of the bank are
sometimes resolved on and executed by this
committee ; and its measures are, it appears,
designedly, and by regular system, so arranged,
as to conceal from the officers of the govern-
ment transactions in which the public interests
are deeply involved. And this fact alone fur-
nishes evidence too strong to be resisted, that
the concealment of certain important operations
of the corporation from the officers of the gov-
ernment is one of the objects which is intended
to be accomplished by means of this committee.
The plain words of the cliarter are violated, in
order to deprive the people of the United States
of one of the principal securities which the law
had provided to guard their interests, and to
render more safe the public money intrusted to
the care of the bank. Would any individual
of ordinary discretion continue his money in tho
handK of an agent who violated his instructions
for the purpose of hiding from him the manner
in which he was conducting the business confid-
ed to his charge ? Would ho continue his prop-
erty in his hands, when he had not only ascer-
tained that concealment had been j)ractised to-
wards him, but when the agent avowed his de-
termination to continue in the same course, and
to withhold from him, as far as he could, all
knowledge of the manner in which he was cm-
ploj'ing his funds ? If an individii.al would not
be expected to continue his confiduiico under

i-(iji

:58-i

TillUTY YKAIW VIEW.

Burh circiiii, stances, iijk,!! what principle could a
(lilli'iviit line of roiiduct hi! rriniirecl from the
ofliccrs of tin.' I'nitcil Stiitcs, rhargt'd with the
care of tlic )iiililic intcrfsts i The public money
is Hurely cntitlu 1 to the Kanic care and i)rotec-
tion as that of an individual; and if the latter
M'onld he hound, in justice to hin'self, to with-
draw his nioiiiy fi-om the hands of an apent
thus repirdli'ss of his duty, the same principle
requires that tlie money of the United Stales
should, under the like circumstances, be with-
drawn from the haudd of their fiscal agent.

Ilaviui; f^liown ample reasons for ceasing to
make tlie public deposits in the Bank of the
United .States, and that it was done, the Secre-
tary proceeds to the n"\t division of his subject,
naturally resulting from his Rdthority to re-
move, Ihouzh not expressed in the charter; and
that was, to show where ho had ordered them
to be placed.

" The propriety of removing the deposits being
thus evident, and it being consequently my duty
to select the places to which they were to l>c
removed, it became necessary that arrangements
should be immediately made with the new de-
positories of the public money, which would not
only render it safe, but would at the same time
secure to the government, and to the community
at large, the conveniencies and facilities that
were intended to bo obtained by incorpoiating
the Bank of the United States. Measures were
accordingly taken for that purpose, and copies
of the contracts which have been made with the
selected banks, and of the letters of instructions
to them from this depar*,ment, arc herewith sub-
mitted. The contracts with the banks in the
interior are not precisely the same with those
in the Atlantic cities. The difference between
them arises from the nature of the business
transacted by the banks in thesedifferent places.
The Statu banks selected are all institutions of
high character and undoubted strength, and are
under the management and control of persons
of unquestioned probity and intelligence. And,
in order to insure the safety of the public money,
each of them is required, and has agreed, to give
security whenever the amount of the deposit
shall exceed the half of the amount of the capital
actually paid in ; and this department has re-
served to itself the right to demand security
whenever it may think it advisable, although
the amount on deposit may not be equal to the
sum above stated. The banks selected have also
severally engaged to transmit money to any
point at which it may be required by the direc-
tion of this department for the public service,
and to perform all the services to the government
which were heretofore rendered by the Bank of
the United States. And, by agreements among
themselves to honor each other's notes and
drafts, they are providing a general currency at
least OS sound as that of the Bank of the United

States, and will afford facilities to commeire jnj
in the busini-ssof domestic exchange, quite cnna,
I to any which the community heretofore tiij(iv(..i
I There has not been yet sufticicnt time to jKi'fu.
these arrangements, l)ut enough has alrciil,
lK?en done to show that, even on the score of i-,\'-
jKidiency, a Bank of the United States is nn;
necessary, cith'T foi the fiscal operations of tV
government, or the public convenience ; ani
that every object m hich the charter to the presi i,t
bank was designed to attain, may be as effeet ualh
accomplished by the State banks. And, if thu
can be done, nothing that is useful will Ix' Km
or endangered by the change, while much that
is desirable will l)e gained by it. For no oiit
of these corporations will possess that ahsoluto
and almost unlimited dominion over the propertr
of the citizens of the Unite<l States which the
present bank hoids, and which enables it at anv
moment, at its own pleasure, to bring distnA
upon any portion of the community whenever it
may deem it useful to its interest to make it?
power felt. The inlluenco of each of the State
banks is necessarily limited to its own imnn-
diate neighborhood, and they will be kept i:i
check by the other local banks. They will not
therefore, be tempted by the consciousness of
power to aspire to political influence, nor likdj
to interfere in the elections of the public servants
They will, moreover, be managed by pers'ni,'
who reside in the midst of the people who are
to be immediately affected by their moa-suns;
and they cannot be insensible or indifferent to tha
opinions and peculiar interests of those by whom
they are daily surrounded, and with whom tliey
are constantly associated. These circumstance
always furnish strong safeguards against an
oppressive exercise of power, and forcibly n-
commend the employment of State banks in pn'-
ference to a Bank of the United States, with its
numerous and distant branches.

" In the selection, therefore, of the State banks
as the fiscal agents of the government, no disad-
vantages appear to have been incurred on the |
score of safety or convenience, or the general
interests of the country, while much that ii i
valuable will be gained by the change. I an,
however, well aware of the vast power of tit
Bank of the United States, and of its ability t-
bring distress and suffering on the countrj-.
This is one of the evils of chartering a banlc
with such an amount of capital, with the riglit
of shooting its branches into every part of tbe
Union, so as to extend its influence to even
neighborhood. The immense loan of more than
twenty-eight millions of dollars suddenly ponreij
out, chiefly in the Western States, in 18;il. and
the first four months in 1832, sufhcicntlyattei;; |
that the bank is sensible of the power whithi-s
money gives it, and has placed itself in an atti- 1
tudo to make the people of the United Stal«
feel the weight of its resentment, if they presum
to disappoint the wishes of tlie corporation. Dt
a severe curtailment it has already made it pi'>|
per to withdiiiw a portion of the money it lnU

ANNO 1833. ANDIJKW JACKSOX, rKMslDKNT.

385

ies to commcn* ini
xchango, quiu- iqna,
Y hcrutoforu tnjoyi'l.
icient time to ]*\i-<\
noiigh has iilrtMii.
n on the soon; ofix-
'iiited States is ni-.
cal operatitms of iW
J convenience ; an i
;harlcr to the jirtsi i.t
may be as effectually
banks. Ami, if tliu
13 useful will Ix; \(i>\
;c, while much that
by it. For no one
possess that absolute
lion over the propirtv
tc<l States which tho
hich enables it at any
urc, to brinp! disti\>s
mmunity whenever it
J interest to make its
of each of the State
jd to its own imnu-
they will be kept in
anks. They will not.
the consciousness of
il influence, nor likilv
lofthepublicsenams.
managed by person;
jf the people who arc
jd by their moasuris,
blc or indiflerciit to tk
•ests of those by whom
and with whom tlicy
These circumstanw-
safeguards against an
jw^er, and forcibly ^-
. of State banks in p^'•
Jnited States, with its
inches.

sforc, of the State bank!
government, no disad-
been incurred on the
mience, or the pcmnl
while much that is
by the change. 1 am,
_,he vast power of tit
ES, and of its ability ti
L'ring on the countn-.
of chartering a bank
capital, with the right |
into every part of the
its influence to cvtrv
lense loan of more than
iollars suddenly pourel
rn States, in 1831. and |
1832, sufliciently attesii
, of the power whidiiij
placed itself in an aiti-
lie of the United States
ntment, if they presuiw
of the corporation, m
»as already made it pi'>
)n of the money it liuJ

on (U'I'0'*'t- «'"' transfer it to the cnstodv of the
iiiw h-^-al agents, in order to shield the com-
miinitv from the injustice ^>i the IJank of the
rnitfi States. JWit I have not snp|K>sed that
the course of the government oiiplit to lie regu-
lated by the fear of the jjower <>f the bank. If
Buch a motive "ould Ije allowed to influence the |
li-cislalion of Congress, or the action of the ex- j
ecutivc departments of the government, there is
iin end to tlie sovereignty of the pv'oplc ; and the I
liberties of the country are at once surrendered
lit the feet of a moneyed corporation. They may
aow doniand the jiossession of the imblic money,
or the niiewal of the charter ; and if these o\>-
jects are yielde<l to them from apprehensions
of their power, or from the sullering which rapid
curtailments on their part are inflicting on the
coniiniinity, what may they not next require ?
Will submission render such a corporation more
forbearing in its course ? What law may it not
hereafter demand, that it will not, if it pleases,
be able to enforce by the same means ? "

Thus the keeping of the public moneys went
to the local banks, the system of an independent
treasury being not then established; and the
notes of these banks necessarily required their
notes to be temporarily used in the federal
payments, the gold currency not being at that
time revived. Upon these local banks the fede-
ral government was thrown— ^rs<, for the safe
keeping of its public moneys ; secondly, to sup-
ply the place of the nineteen millions of bank
notes which the national had in circulation;
thirdly, to relieve the community from the
pressure which the Bank of the United States
had already commenced upon it, and which, it
was known, was to be pushed to the ultimate
point of oppression. But a difficulty was ex-
perienced in obtaining these local banks, which
would be incredible without understanding the
cause. Instead of a competition among them to
j obtain the deposits, there was holding off, and
an absolute refusal on the part of many. Local
banks were shy of receiving them — shy of re-
I ceiving the greatest possible apparenc benefit to
j themselves— shy of receiving the aliment upon
[which they lived and grew! and why this so
[creat apparent contradiction ? It was the fear
[of the Uank of the United States ! and of that
Icapacity to destroy them to which Mr. Biddle
Ihad testified in his answers to the Senate's
Finance Committee; and which capacity was
pow known to be joined to the will ; for the
bank placed in the same category all wi:o should
' concerned in the removal — both the govern-
ncnt that ordered it, and the local banks which
Vol. I.— 25

received what it lost. But a comjx'tcnt numl>er
were found ; and this first utt>'iii|>t to prt'w-iit a
n-nioval, by preventing a ixciption of llio ile-
])0>its clscwluiv, ■-■iitiii'ly failed.

CHAPTER X C V .

NOMIN.VTION OI" (iOVKI!N.MKNT I)Il{KCTt)l:», A.NB
TIIEIU Ul>)ECTiON.

Bv the charter of the buuK, the government wa.«
entitled to five directors, to be nominate<l an-
nually by the President, and confirmctl by the
Senate. At the commencement of the session
of 18.j3-'34, the President nominated the five,
four of them being the same who had served
during the current year, and who had made the
report on which the order for the removal of the
deposits was chiefly founded. This drew upon
them the resentment of the bank, and caused
them to receive a largo share of reproach and
condemnation in the report which the committee
of the bank drew up, and which the boai-d of
directors adopted and published. When these
nominations came into the Senate it was soon
perceived that there was to be opposition to
these four ; and for the piirpose of testing the
truth of the objections. Wr. Kane, of Illinois,
submitted the following resolution :

" Resolved, That the nominations of II. D.
Gilpin, John T. Sullivan, Peter Wager, and
Hugh McEldery, be recommitted to the Oom-
mitte on Finance, with instructions to inquire
into their several qualifications and fitness fur the
stations to which they have l)een nominated ;
also into the truth of all charges preferred by
them against the board of directors of the Bank
of the United States, and into the conduct of
each of the said nominees during the time he may
have acted as director of the said bank ; and that
the said nominees have notice of the times ana
places of meetings of said committee, and hav
leave to attend the same."

Which was immediately rejected by the fol-
lowing vote :

" Yeas. — Messrs. Benton, Brown, Forsyth,
Grundy, Hendricks, Hill, Kane, King of Alaba-
ma, Linn, McKean, Moor, Morris, Kives, Robin-
son, Shepley, Tallmadge, Tipton, White, Wil*
kins, Wrjght.— ^. J ' '

" Nxfs.— Messrs. Bell, Bibb; Black, Calhoun,
Chambers, Clay, Clayton, Ewing, Frelinghuyscn,

..'■t

386

THIRTY YKAHV VIKW

11 111

Kptit, Kin? of (K-oryia, Knijrht, Mnnppira, Naii-
(Iftin, I'oiiulcxtcr, I'orUT, I'rentiss. |{i)hl)ins, I
SilHl>cf, Smith, Soiitliard, S|)ra>rtic, Swift, Tom-
linson, Tyler, Wafrgamaii, Wil).siir. — 27.

And this resolution hiiu^ rejected, requiring
a two-fold cxftmination— one into the character
and qualifications of the nominees, the other in-
to the truth of their representations against the
bank, it was deemed pr(ii)er to submit another,
limited to an inquiry into the character and fit-
ness of the nominees ; which was rejected by the
same vote. Tlic nominations were then voted
upon separately, and each of the four was reject-
ed by the same vote which applied to the first
one, to wit, Mr. Gilpin; and which was as fol-
lows :

" Yeas. — Messr.-^ Benton, Black, Brown, For-
syth, Grundy, Hendricks, Ilill, Kane, Kinp; of
Alabama, Linn, McKean, Moore, Morris, Robin-
son, Shepley, Tallmadge, Tipton, Wliite, Wil-
kins, AVright.— 20.

'• Nays. — Messrs. Bell, Bibb, Calhoun, Cham-
bers, Clay. Ewing, Frelinghuysen, Kent, Knight,
Mangum, Naudain, Poindextcr, Porter, Prentiss,
Preston, Bobbins, Silsbce, Smith, Sprague, Swift,
Tomlinson, Tyler, Waggaman, Webster. — 24.

These rejections being communicated to the
President, he immediately felt that it presented
a new case forhisenergy and decision of conduct.
The whole of the rejected gentlemen had been
confirmed the year before — had all acted as di-
rectors for the current year — and there was no
complaint against them except from the Bank of
the United States; and that limited to their
conduct in giving information of transactions in
the bank to President Jackson at his written
request. Their characters and fitness were above
question. That was admitted by the Senate,
both by its previous confirmation for the same
places, and its present refusal to inquire into
those points. The information which they had
i»iven to the President had been copied from the
books of the bank, and the transactions which
they communicated had been objected to by them
at the time as illegal and improper ; and its truth,
unimpeachable in itself, was unimpeached by the
Senate in their refusal to inquire into their con-
duct while directors. It was evident then that
they had been rejected for the report which they
made to the President ; and this brought up the
/question, whether it was right to punish them
for that act? and whether the bank should have
the virtual nomination of the government direc-

tors by causing those to 1m; n'jectid which ^\\^
government nominato<l ? and liermittingnono*,)
"cn-e but those whose conduct should bo sulKir-
diiiate to the views and policy of the bank !
These were questions, first, for the Senate, ati'l
then for the country ; and the President dctiT-
mincd to bring it before both in a foininl ims
sage of re-nomination. lie acconlingly sent b.uk
the names of the four rejected nominntions in a
message which contained, among others, these
passages :

"I disclaim all pretention of right on the part
of the President ollicially to inquire into, or rail
in question, the reasons of the Senate for icjict-
ing any nomination whatsoever. As the Presi-
dent is not responsible to them for the reasons
which induce him to make a nomination, so thiy
are not responsible to him for the reasons wliich
induce them to reject it. In these resjx'cts, each
is independent of the other and both responsible
to their respective constituents. Nevertheless,
the attitude in which certain vital interests of the
country are placed by the rejection of the pen-
tlemen now re-nominated require of me, frankly,
to communicate my views of the conseqnencis
which must necessarily follow this act of tho
Senate, if it be not reconsidered.

" The characters and standing of these gentle.
men are well known to the community, anl
eminently qualify them for the offices to which
I propose to appoint them. Their confirmation
by the Senate at its last session to the same offi-
ces is proof that such was the opinion of them
entertained by the Senate at that time ; and un-
less some thing has occurred since to change it
this act may now be referred to as evidence that
their talents and pursuits justified their selec-
tion.

" The refusal, however, to confirm their nomi-
nations to the same offices, shows that there is
something in the conduct of these gentlemen
during the last year which, in the opinion of the
Senate, disqualifies them ; and as no charge Lis
been made against them as men or citizens, no-
thing which impeaches the fair private character
they possessed v^hen the Senate gave them their
sanction at its last session, and as it moreover
appears from the journal of the Senate recently
transmitted for my inspection, that it yas deem-
ed unnecessary to inquire into their qualifications
or character, it is to be inferred that the chanje
in the opinion of the Senate has arisen from the
official conduct of these gentlemen. The only
circumstances in their official conduct which
have been deemed of sufficient importance to at-
tract public attention are the two reports made
by them to the executive departmentof the gov-
ernment, the one bearing date the 22ddayof
April, and the other the 19th day of August last;
both of which reports were communicated to th«
Senate by the Secretary of the Treasury will)
his reasons for removing the deposits.

ANN(> 1833. ANDREW JACKSON, PUESIDKNT.

38^

-Th** tnith of the fuetsstntrd in these report*.
11 not, 1 prt'sume, questioned hy i»ny oiio. ']"ho
j,ii;li (■haractcr aiul Htainiinu of the citi7.<'ns hy
wti >m tbi-y wore inarlc privi-nt any douht ii|)on
•hp uiit>i«'<'t' Inieefl the Btntementfl hnve not
\^'n (IcnitHl by the president of the bonk, and
the other directors. On the contrary, they have
insisted that they were authorized to use the
inonevof the bank in the manner stated in the
two reports, and have not denied that the ciiarpes
there maile again.st the corporation are substan-
tiallv tnic,

• it must be taken, therefore, aa admitted that
the statements of the pubhcdiri'ctors, in the re-
rort.s above mentioned, are correct : and they
lisclosc the most alarming abuses on the part
of tlie corporation, and the most Btrenuous ex-
(Ttious on thfir part to put an end to them.
riii'V prove that enormous sums were secretly \
lavished in a manner, and for purposes that
rannot be justified ; and that the whole of the
immense capital of the bank has been virtually
placed at the disposal of a single individual, to lie
used, if he thinks proper, to corrupt the press,
and to control the proceedings of the government
br exercising an undue influence over elections.
" •' The reports were made in obedience to my
official directions ; and I herewith transmit
w\)k3 of my letter calling for information of
the proceedings of the bank. Were they bound
to disrepard the call ? Was it their duty to re-
main silent while abuses of the most injurious
and dangerous character were daily practised ?
Were they bound to conceal from the constitut-
ed authorities a course of measures destructive
t) the best interests of the country, and intend-
ed, gradually and secretly, to subvert the foun-
I dations of our government, and to transfer its
I powers from the hands of the people to a great
I moneyed corporation? Was it their duty to
bit in silence at the board, and witness all these
[abuses without an attempt to correct them ; or,
■ in ease of failure there, not to appeal to higher
laiithority? The eighth fundamental rule au-
Ithorizes any one of the directors, whether elect-
led or appointed, who may have been absent
Iwhen an excess of debt was created, or who
Imay have dissented from the act, to exonerate
Ihimsolf fi-om personal responsibility by giving
notice of the fact to the President of the United
[States ; thus recognizing the propriety of com-
nmnicating to that officer the proceedings of the
board in such cases. But, independently of any
krfiument to be derived from the principle re-
Dgiiized in the rule referred to, I cannot doubt
Kr a moment that it is the right and the duty
M every director at the board to attempt to
foriect all illegal proceedings, and in case of
jiiihire, to disclo.se them ; and that every one of
lliem, whether elected by the stockholders or
Appointed by the government, who had know-
edge of the facts, and concealed them, would be
[ustly amenable to the severest censure.

'"But, in the case of the public directors, it
fas their peculiar and official duty to make the

disclosuPM : and the rail u\\f<n them for infor-
mation could not have Ikh'U <li>r«'pinlt'<l without
a flagrant breach of th<'ir l^l^*t. 'I'lu' directcrs
app')int<-<l by the J'nited .""^tat'-s ciiiinot Ik- \i -
pardefl in the light of the onlinnry dircrtors i.l'
a bank appointed by the sti>ckh<ildei-s, nnl
charged with the care (>( their jHcimiiir>' in-
terests in the corjH)ration. They haM' lii;;h(r
an<l more imjiortant «luti(i. They are jmM c
officers. They are placed nt the board ih i
merely to represent the stix-k lieM by the I'ni-
ted States, but to obser\'e the wnduct of tlie
corporation, and to watch over the public in-
terests. It was foreseen that this great money-
ed monopoly might be so nmnaged as t.> endan-
ger the intert'sts of the country; and it «!i"*
therefore deemed neccs.sary, as a metisuiv I'l'
precaution, to place at tiie board wiitehfiil stii-
tinel.s, who should observe its conduct, and
stand ready to report to the proper officers of
the goverment every act of the board whicli
might affect injuriously the interests of the
people.

'•It was, perhaps, scarcely necessary to pre-
sent to the Senate these views of the powers of
the Executive, and of the duties of the live di-
rectors appointed by the United States. But
the bank is believed to be now striving to ob-
tain for itself the government of the country,
and is seeking, by new and strained construc-
tions, to wrest from the hands of the constituted
authorities the salutary control reserved by the
charter. And as misrepresentation is one of its
most usual weapons of attack, I have deemed it
my duty to put before the Senate, in a manner
not to be misunderstood, the principles on whieli
I have acted.

"Entertaining, as I do, a solemn conviction
of the truth of these principles, I must adhere
to them, and act upon them, with constancy and
firmness.

" Aware, as I now am, of the dangerous ma-
chinations of the bank, it is more than ever my
duty to Imj vigilant in guarding the rights of the
people from the impending danger. And I
should feel that I ought to forfeit the confi-
dence with which my countrymen have honored
me, if I did not require regular and full reports
of every thing in the proceedings of the banlv
calculated to affect injuriously the public in-
terests, from the public directors, and if tlu; di-
rectors should fail to give the information called
for, it would be my imperious duty to exercise
the power conferred on me by the law of remov-
ing them from office, and of appointing others
who would discharge their duties with n^ore
fidelity to the public. I can never suffer any
one to hold office under me. who would connive
at corruption, or who should fail to give the
alarm when he saw the enemies of libt rty en-
deavoring to sap the foundations of our free in-
stitutions, and to subject the free people of the
United States to the dominion of a great mon-
eye«l corporation,

■' Any directors of the bank, therefore, who

4,;

' t

388

TIIIUTY YKAUS' VIEW.

nii^rht ln' nppoinU-d l)y tlie povemnient. would I
he n(f|iiiri'd t<> rt'port to tho Executive an fully !
as the Into directors Imvc done, ond more fro- j
((iieiilly, herause the diinpcr is more iinniineiit ; \
and it would Itc my duty lo re(iuire of them a |
full dctjiil of every part of the proceedinps of |
the ciiriKiration, or any of its oflicers. in order i
tli;it I ini(?ht hu enal)lc<l to decide whether I |
should exercise the |)0\ver of onlerinp a scire \
JiiriiiH, which is resei-veil to the I'resident by the
charter, or adopt such other lawful measiires ns j
the interests of the country iiii;rht require. It
i-i loo obvious to be doubted, that the miscon-
duct of the corjioration wotdd never have l»een
bi-oiight to li};ht by the aid of a public procecd-
iiijz; ut the board of directors.

'• The board, when called on by the povcrn-
nient directors, refuse<l to iiistituto an inquiry
or re(|uire an accotint, and the mode adopted by
the latter was the only one by which the ob-
ject could l>e attained. It would be absurd to
admit the ripht of the government directors to
pivc information, and at the game time deny the
means of obtaininn it. It would be but another
mode of enabling the bank to conceal its procccd-
iufts, and practice with impunity its corruptions.
In the mode of obtaining the information, there-
fore, and in their ell'orts to put an end to the
abuses discloserl, as well as in reporting them,
the conduct of the late directors was judicious
and praiseworthy, and the honesty, firmness,
and intelligence, which they have displayed,
entitle them, iu my opinion, to the gratitude of
tlie country.

'• If the views of the Senate be such as I have
supposed, the diflBculty of sending to the Senate
any other names than those of the late directors
will be at once apparent. I cannot consent to
jdace before the Senate the name of any one
who is not prepared, with firmness and honesty,
to discharge the duties of a public director in
the manner they were fulfilled by those whom
the Senate have refused to confirm. If, for per-
forming a duty lawfully required of them by
the Executive, they are to be punished by the
subsequent rejection of the Senate, it would
not only be useless but cruel to place men of
character and honor in that situation, if even
such men could be found to accept it. If they
failed to give the required information, or to
take proper measures to obtain it, they would
be removed by the Executive. If they gave the
information, and took proper measures to ob-
tain it, they would, upon the next nomination,
be rejected by the Senate. It would be unjust
in me to place any other citizens in the predic-
ament in which this unlooked for decision of
the Senate has placed the estimable and honor-
able men who were directors during the last
year.

'' If I am not in error in relation to the prin-
ciples upon which these gentlemen have been
njected, the necessary consequence will be that
the bank will hereafter be without government
directors and the people of the United States

must be deprived of their chief moans uf pr,^
tection against its abuses; for, whatever i..i,.
flicting ojiinions may exist as to the riflit > (
tlie directors appointed in January, l^.;.',. t
hold over until new appointments shall bo mm],
it is very obvious that, whilst their rejertiui
by the Senate remains in force, they canii,,|
with propriety, attempt to exercise snrh a
power. In the present state of things, ttur..
fore, the corporation will be enabled etlecHialh
to accomplish the object it has been so li,),,,
endeavoring to attain. Its exchange ccminu-
tees, and its delegated powers to its prei-iih ni
may hereafter be dispensed with, without ni.
curring the danger of exposing its proceedini.-t
to the public view. The sentinels which ilj,.
law ha<l placed at its board can no longer ajipcai
there.

"Justice to myself and to the faithful offi-
cers by whom the public has been so well ani
so honorably served, without conipensuti(.n (r
reward, during the last year, has required w
me this full and frank exposition of my motives
for nominating them ngnin after their rejectiMi
by the Senate. I repeat, that I do not question
the right of the Senate to confirm or reject at
their pleasure ; and if there had been any na-
son to suppose that the rejection, in this cii«(,
had not been produced by the causes to whjdi
I have attributed it, or of my views of ttuir
duties, and the present importance of their ri;;iii
performance, were other than they are, I shouM
have cheerfully acquiesced, and attempted ti
find others who would accept the unenviable
ti-ust. But I cannot consent to appoint direc-
tors of the bank to be the subservient instru-
ments, or silent spectators, of its abuses ami
corruptions ; nor can I ask honorable men to
undertake the thankless duty, with the certain
prospect of being rebuked by the Senate for its
faithful performance, in pursuance of the lawful
directions of the Executive."

This message brought up the question, vir-
tually. Which was the nominating power, in tlif
case of the government directors of the bank ■
was it the President and Seaate ? or the bank
and the Senate? for it was evident that the
four now nominated were rejected to gratity
the bank, and for reasons that would apply to
every director that would discharge his duties
in the way these four had done — namely, ai
government directors, representing its stock,
'guarding its interest, and acting for the govern-
ment in all cases which concerned the welfare
of an institution whose notes were a naticnal
currency, whose coffers were the depobitory if
the pul:Iic moneys, and in which it had a direct
interest of seven millions of dollars in its stock. {
It brought up this question : and if negatived
virtually decided that the nominating pova I

ANNO 1833. ANHRKW JACKSON, PRF-SIDKNT.

380

fhouM fx? in the liank ; and that tho povorn-
niint (lircctora should no more pivo such infur-
iiiati'in to the Prisidi-nt as theso I'our had frivon.
And this qiieHtion it wn« detennincd to try, und
that definitively, in the perBons of these four
nominated ilircctors, with the dechired detir-
minntion to nominate no others if tliey were
njcctcd ; and so leave tho jrovcmmcnt without
rppro!>i'ntation in tho hank. This mcssapc of
rc-noniination was referred to the Senate's Com-
mittee of Finance, of which Mr. Tyler was chair-
man, and wlio made a report adverse to the re-
nominations, and in favor of npain rejecting the
nominees. The points made in the report were,
first, t'le absolute right of the Senate to reject
nominations ; secondly, their privilcfre to pive
no ^e.^snns for their rejections (which the Pre-
tjiicnt had not asked) ; and, fhirdli/, against the
pencral impolicy of making re-nominations,
while admitting both the right and the practice
in cxtrordinary occasions. Some extracts will
ehow its character : thus :

"The President disclaims, indeed, in terms,
all right to inquire into the reasons of the Sen-
iite for rejecting any nomination ; and yet the
message immediately undertakes to infer, from
fiic'ts and circumstances, what those reasons,
which influenced the Senate in this case, must
have been ; and goes on to argue, much at largo,
npiinst the validity of such supposed reasons.
The committee arc of opinion that, if, as the
President admits, he cannot inquire into the
reasons of the Senate for refusing its assent to
nominations, it is still more clear that these
reasons cannot, with propriety, be assumed,
and made subjects of comment.

"In cases in which nominations are rejected
for reasons affecting the character of the per-
sons nominated, the committee think that no
inference is to be drawn except what the vote
shows ; that is to say, tha ■. tho Senate with-
holds its advice and consent from the nomina-
tions. And the Senate, not being bound to
pive reasons for its votes in these cases, it is
not bound, nor would it be proper for it, as the
committee think, to give any answer to remarks
founded on the presumption of what such rea-
sons must have been in the present case. They
feel themselves, therefore, compelled to forego
any response whatever to the message of the
President, in this particular, as well by the rea-
sons before assigned, as out of respect to that
high officer.

" The President acts upon his own views of
public policy, in making nominations to the
5^enate ; and the Senate does no more, when it
confirms or rejects such nominations.

" For either of these co-ordinate departments
to enter into the couBidcration of the motives

of tho other, woiild not. and could not. fail, in
tho «'nd, to break tip nil hannonious inttTronr«o
iM'twjni tboin. 'I'his your coujniitltH' would
dj'pioro as highly iniuriou-' to the U'st intfrt'^is
of the ronntry. The Proiijciit, doubtlrs^. a.Hk-<
liim.«i'if, in tlio ciisc of fviTV notninatimi l>>r
oflico, whothor tho jhtsou In- lit for the otllcc ;
whether ho Ik- actuated liy correct vie«« niid
motives; and whether he be likely to ln' mllii-
ei\ced by thoso eonriidenitious which sboiiM
alone govern him in the disehar-po of his dutiiK
— is he honest, capable, and faithful .' Heing
sati.sfiod in these particiil;u>-, the President sub-
mits bin name to tho Senate, when' tho same
inquiries arise, and its derision should W jire-
sinned to bo diotatod by the same high consi-
doratiors as those which govern tho I'rosideiit
in originating tho nomination.

" Fur the.sc reasons, tho committee have alto-
gether refrained from entering into any discus-
sion of the legal duties and obligations of diree-
tors of tho bank, nj)pointod by tho President
and Senate, which forms tho main topic of tho
message.

•'The committee would not feel that it had
fully acquitted itself of its obligations, if it iliil
not avail itself of this occasion to cull tho at-
tention of the Senate to the general subject of
ronomination.

"The committee do not deny that a right of
renomination exists ; but they are of opinion
that, in very clear and strong cases only should
the Senate reverse decisions which it has delib-
erately formed, and olHcially communicated to
the President.

" The committee perceive, with regret, an in-
timation in tho message that tho President may
not see fit to send to tho Senate tho names of
any other persons to 1)0 directors of the bank,
except those whose nominations have been al-
ready rejected. While the Senate will exercise
its own rights according to its own views of its
duty, it will leave to other officers of the go-
vernment to decide for themselves on the man-
ner they will perform their duties. Tho com-
mittee know no reasons wliy these offices should
not be filled ; or whj', in this case, no further
nomination should be made, after the Senate
has exorcised its unquestionable right of reject-
ing particular persons who have been nomi-
nated, any more than in other cases. Tho Sen-
ate will be ready at all times to receive and
consider any such nominations as the President
may present to it.

" The committee recommend that the Senate
do not advise and consent to the appointment
of the persons thus renominated."

While these proceedings were going on in
the Senate, the four rejected gentlemen were
paying some attention to their own case ; and.
in a " memorial " addressed to the Senate and
to the House of Representatives, answered the
charges against them in the Directors' Report,

i'f''

■^^■'i'

:i I

3Q0

TIII!ITY YI'AltS' VIKW.

<■ ^j;;;

^trT^S

«- •

■ 1

»t'

|...;. .,

■I

111?:^

ill ll:Pv

I if

urul vinilicnttHl tlii.'ir own conduct in pivin;; the
iiit'iimmlinii which the Prcnidcnt rcfiui'stcd —
ri;iKsi'itf<l the truth of that iiifomiaMon; and
(;:i\e further dctiiilfl ujion the manner in wliich
tliey hud lutii 8y«tinmtically oxcliidcd from a
|iarticipation in conducting the main hunincHH
<if tlie hank, and cveti from a knowlcdj^e of what
WHS done. They said :

'• Selected hy the President and Senate a.>*
pDvernnunt directors of the Hunk of tlie United
States we liave endeavored, (hirinp: the present
year, faitiifully to discharf;e tlie duties of tliat
rts|)()nsihle trust. Api)ointed witliout solici-
tation, derivin;; from the oflice no emolument,
we have lieen ;;uidc(l in our conduct ))y no views
li'it a <lelerniiiiation to m)hol<l, f=o far as was in
our power, tljose principles which wc Iwlicve
iM'tiiated the peojile of the United States in es-
talilisiiinfT a national hank, and in providing by
it-i cliarter that they should be represented at
the hoard of directors. We have rep.rde<l
that institution, not merely us a source of profit
to individuals, but as an orjian of the povern-
imut, established by the nation fur its own
biiiefit. We have regarded ourselves, not as
mere agents of those whose fimds have been
siibscrilied towards the capital of the bank, but
;.s otticers appointed on behalf of the American
peoj)le. AVe have endeavored to govern all our
(vtnduct as faithful representatives of them.
We have been dcterre<l from this by no pre-
concerted s^'stem to deprive us o*' our rights,
liy no impeachment of our motives, by no false
views of policy, by no course of management
which might be supposed to promote the inter-
ests of tliose concerned in the institution, at
tlie danger or sacrifice of the general good.
We have left the other directors to govern
themselves as they may think best for the
interests of those by whom they were chosen.
For ourselves, we liave been detennined, that
where any ditferences have arisen, involving on
the one hand that open and correct course
which is beneficial to the whole community,
and, on the other, what are supposed to be the
interests of the bank, our etforts should be
steadily directed to uphold the former, our re-
monstrances against the latter should be re-
solute and constant; and, when they proved
miavailing, our appeal should be made to those
wlio were more immediately intrusted with the
protection of the public welfare.

'• Id pursuing this course we have been met
by an organized system of opposition, on the
part of the majority. Our etlbrts have been
thwarted, our motives and actions have been
misrepresented, oar rights have been denied,
and the limits of our duties have been gratu-
itously pointed out to us, by those who have
Bought to curtail them to meet their own policy,
not that which we believe led to the creation
of the offices we hold. Asserting that injury

I Hbh Ikh'U «lone to them by the late mramin (,f
the Secretary of tlie Treasury, in reniovint' tli
public dep<»sils, an «'iaborate htatement has Ion
I)repariMl and m idely circidated ; nnd tnl<it ^.
that M their basis, it has Inen resolverl by j)„.
majority to present a memorial to the sinnti-
an(i U(juse of Kejiresentatives. We have nut
and do not interfere in the controveif<y whiii,
exists between the mojority of the bonrj aii.i
the executive dej)artment of the governincnt ■,
but unjustly assailed us we have been in tin.
statement to which we have referred, wo re-
spectfully claim the same right of subinittin!;
our conduct to the same tril)unal. and askiiii;
of the assembled representatives of the Aim n-
can people that impartial hearing, and that fair
protection, which all their officers and ni;
citizens have a right to demand. We slmll
endeavor to present the view wc have taken (,i'
the relation in which we arc placed, as wdl
towards the institution in question as towardj
the government and people of the United Statis.
to prove that from the moment we took <iiir
seats among the directors of the bank, wehaw'
been the objects of a systematic opposition;
our rights trampled upon, our just intcifir-
ence j)rcventeil,and our offices rendered utterly
useless, for all the purposes required by tliv
charter; and to show lliat the statements I y
the majority of the board, in the document {»
which we refer, convey an account of their jr'-
ceedings and conduct altogether illusory aiij
incorrect."

The four gentlemen then state their opinions
of their rights, and their duties, as government
directors — that they were devised as instru-
ments for the attainment of public objects-
that they were public directors, not elected liv
stockholders, but appointed by the Prcsidini
and Senate — that their duties were not merely
to represent a moneyed interest and promote
the largest dividend for stockholders, but also
to guard all the public and political interest of
the government i.i an institution so largely |
sharing its support and so deeply interested in
its safe and honorable management. And iji
support of this opinion of their duties tliey
quoted the authority of Gen. Hamilton, founder
of the first bank of the United States ; and that
of ilr. Alexander Dallas, founder of the sccoml
and present bank ; showing that each of tliem, |
and at the time of establishing the two bai
respectively, considered the government direo I
tors as public officers, bound to watch over tlie
operations of the bank, to oppose all malpno
tices, and to report tliem to the goveinmeDt
whenever they occurred. And they thus quoted |
the opinions of those two gentlemen :

ANXO 18S3. ANDREW JArKSr>X, ri{r>Il»F.NT.

391

uorinl to the Scnati'

III tlx- al»'1irat<<l repdrt of Alcxnndi-r Ila-
liiillHi), in IT'.M), thnt iiniiu'nt stutisiiKin ami
linaiiikr. Jkltlioiinh then iiiiiiicssi'd with a |iir-
fiia-inii tliiit the Rovornint-iit of the omntiy
ini^lit ^vcll leave the mann^-nient of n nntiuiml
lank to ' tl'*-' keen, steady, and, as if ^^ .re, ninjr-
intic i-ciisu of their own interest,' exii^tiu);
iiiiiiiiii; t''^' I'rivate stockholderH, yet holds the
fullowin)! reinarkablu and |)re);nant lun^^in^e :
ll'tiie paper uf a bank is pi<nnitted to iiminii-
ate it-elf ii'to all the ruveinies an«l receipts of a
cmmtry ; if it is oven to Iks tolerated aa the
riilistitiite for gold and silver, in all the trans-
ftotiiiii'* "1' business ; it becomes, in either view,
miuiioiial concern of the first ina^jnitude. As
siiili, the ordinary rnles of prudence req\iire
that the f;ovcninient should possess the means
of ascertaining, whenever it thinks fit, that so
(Itlicate a trust is executed with fidelity and
care, A right of this nature is rot only desir-
ablu,a8 it respects the government, but it ought
to Ijc equally so to all those concerned in the
institution, ns an additional title to public and
jirivate confidence, and as a thing which can
only be formidable to practices that imply
mismanagement.'

'• In the letter addressed by Alexander James
Dallas, the author of the existing bunk, to the
chaiiinau of the committee on a national cur-
rency, in 1815, the sentiments of that truly
distinguished and patriotic statesman arc ex-
plicitly conveyed upon this very point. ' Nor
can it be doubted,' ho remarks, ' that the de-
partment of the government which is invested
«ith the power of appointment to oil the im-
portant offices of the State, is a proper depart-
ment to exercise the power of appointment in
relation to a national trust of incalculable mag-
nitude. The national bank ought not to be re-
garded simply as a commercial bank. It will
not operate on the funds of the stockholders
alone, but much more on the funds of the na-
tion. Its conduct, good or bad, will not affect
the corporate credit and resources alone, but
much more the credit and resources of the go-
vernment. In fine, it is not an institution cre-
ated for the purposes of commerce and profit
alone, but much more for the purposes of na-
tional policy, as an auxiliary in the exercise of
some of the highest powers of the government.
Under such circumstances, the public interests
cannot be too cautiously guarded, and the guards
proposed can never be injurious to the commer-
cial interests of the institution. The right to
inspect the general accounts of the bank, may
I be employed to detect the evils of a mal-admin-
istration, but an interior agency in the direc-
tion of its afliiirs will best serve to prevent
^ them.' This last sentence, extracted from the
j able document of Secretary Dallas, developes
I »t a glance what had been the experience of the
j American government and people, in the period
which elapsed between the time of Alexander
Hamilton and that immediately preceding the
formation of the present bank, Hamilton con-

ceive<l that 'a rijrht to ini«i)e<;t the genernl ao
ro\inti* of the bank.' would enable ):MM'rinn«'iit
■to defect the vmU of a nial-adininisfrufioii,'
and their dt'fiTtJnn he thought cnl!i> ' t. lie
wa.^ mistaken: at leant bo thouviht i^recB
and their consfituentH, in 1815. Hence the in-
flexible spirit which prevailed at the organiza-
tion of a new bank, in extab'.iNliiiig 'ati interior
agency in the direction of its atlair!*.' by the
appointment of public oflicers, through whom
the evils of a mal-adniinistratiou might be care-
fully watched and prevented."

The four gentlemen also showed, in their me-
morial; thnt w hen the bill for the charier of the
present biuik was under consideration in the
Senate, a motion was made to strike out the
clause authorir-ing the appointment of the go-
vernment directors; and that thnt motion was
resisted, and successfully, upon the ground that
they were to bo the guardians of the public in-
terests, and to secure a just and honorable ad-
ministration of the afl'airs of the bank ; that
they were not mere bank directors, but govern-
ment officers, bound to watch over the rights
and interests of the government, and to secure
a safe and honest management of an institution
which bore the name of the United States — was
created by it — and in which the United States
had BO much at stake in its stock, in its depo-
sits, in its circulation, and in the safety of the
community which put their faith in it. Having
vindicated the ofBdal quality of their charac-
ters, and shown their duty as well as their
right to inform the government of all mul-prac-
tices, they entered upon nn examination of the
information actually given, showing the truth
of all that was communicated, and declaring it
to be susceptible of proof, by the inspection of
the books of the institution, and by an exami-
nation of its directors and clerks.

" We confidently assert that there is in it no
statement or charge that can be invalidated ;
that every one is substantiated by the books
and recordj of the bank ; that no real error hati
been pointed out in this elaborate attack upon
us by the majority. It is by suppressing fiicts
well known to them, by misrepresenting wliat
we say, by drawing unjust and unfair inferences
from particular sentences, by selecting insulated
phrases, and by exhibiting partial statements ;
by making unfounded insinuations, and by un-
worthily impeaching our motives, that they en-
deavor to controvert that which they are an-
able to refhte. When the expense account shall
be truly and fully exhibited to any tribunal, if
it shall be found that the charges we have
stated do not exist 5 when the minutes of the

"'X

> v<

,'1

Art

.392

THIIITV YKMW VIEW.

MH^^rrj 'iss

IxtanI oliiill Im' liiid ii|m-ii, if it xliall ))c fminil thv
ri'»<i)liitii>iiit we hnvi' qiKili'd iirt- iiof ri'conli'il ;
we fhiill lU'kiKiwIi'djTf that we liiivc Ihtii guilty
of iiijiiHtifT ami of error, but not till then.

" We linve tluiH eiideuvoreil to present to the
nsneiiiM>'d repreneiitativeH of the Ainericuii |K'o-
jile, a view of the rourne wliicJi, fur nearly a
year, the majority in a larjn^ moneyed iiifititu-
tioii, (MtahliMhed hy them for their Uiietit, have
thoiipht proiKT to purHuu towardH tho^o who
have lieen placed tliere, to piianl their intereftH
and to watch anrl control their conduct. We
have hrielly etated the fyKtematic series of ac-
tionH by which they iiave entleavored to deprive
them of every ripht that was conferred on them
hy the cliarter, and to agsunie to themselves a
secret, irresponsible, and unlimited power. We
liave shown that, in endeavoring to vindicate or
to save themselves, they have resorted to accu-
sations nuainst us, which they are unable to
sustain, and left unanswered charpes which,
were thoy not true, it would be easy to repel.
Wc have been nrped to this from no desire to
enter into the lists with an adversary sustained
by all the resources which boundless wealth
atl'ords, We have been driven to it by the na-
ture and manner of the attack made upon us,
in the document on which the intended memo-
rial to Congiess is founded."

But all their representations were in vain.
Their nominations were immediately rejected, a
second time, and tlio seal of secrecy pi-eserved
inviolate upon the reasons of the rejection.
The " proceedings " of the Senate were allowed
to be published ; that is to say, the acts of the
Senate, as a body, such as its motions, votes,
reports, &c., but nothing of what was said
pending the nominations. A motion was made
by Mr. Wright to authorize the publication of
the debates, which was voted down; and so
differently from what was done in the case of
Mr. Van Buren. In that case, the debates on
the nomination were published; the reasons
for the rejection were shown ; and the public
were enabled to judge of their validitj'. In this
case no publication of debates was allowed ; the
report presented by Mr. Tyler gave no hint of
the reasons for the rejection ; and the act re-
mained where that report put it — on the abso-
lute right to reject, without the exhibition of
liny reason.

And thus the nomination of the government
directors was rejected by the United States
Senate, not for the declared, but for the known
reason of reporting the misconduct of the bank

to the I'mtident, and o!«pcci«lly as it rtlati.i
to the appointment and the conduct of the ex-
chanpo committee. A few years afterwan:
a committee of the *tf)ck holders, called il„
" Committee of Investigation," made ■ rrrx f.
upon the rrmduct and condition of the bank. ;;,
which this exchange committee is thus HiJoki n
of: "The mode in which the committee of n.
change transacted their business, shows th:it
there really «'xisted no check whatever ii|ii,:,
the ofliccrs, and that the funds of the bank
were almost entirely at their disposition. That
committee met daily, and were attended by tk
cashier, and it times, by the president. Tluv
exercised the power of making the loans mul
settlements, to full as great on extent as tin
board itself. They kept no minutes of thtir
proceedings — no book in which the loans madt,
and business done, were entered ; but their
decisions and directions wcro gi'.cn verbally t.
the officers, to be by them auried into ex-
ecution. The established couioo of business
seems to have been, for the fir-it teller to pay
on presentation at the counter, all checks,
notes, or due bills having indorsed the order.
or the initials, of one of the cashiers, and ti
place these as vouchers in his drawer, for bo
much cash, where they remained, until just
before the rejrular periodical counting of the
cash by the sti u "ing committee of the board
on the state of the bank. These vouchers
were then taken out, and entered as ' bills re-
ceivable,' in a small memorandum-book, under
the charge of one of the clerks. These bills
were nAt discounted, but bore interest semi-an-
nually, and were secured by a pledge of stock,
or some other kind of property. It is evident-
ly impossible under such circumstances, to as-
certain or be assured, in regard to any particu-
lar loan or settlement, that it was authorized
by a majority of the exchange committee. It
can be said, however, with entire certainty,
that the very large business transacted in
this way does not appear upon the face of
the discount books — was never submitted to
the examination of the members of the board
at its regular meetings, nor is any where en-
tered on the minutes as having been reported
to that body for their information or appro-
bation."

ANNO 1833 ANURKW JACKSON, rURSlItKNT.

:i'j:\

CIIM'TKH XCVI.

sKiKKTAUY" liKI'dliT ON TIIK IIKMnVAI, nl'
TKK UKl't'Hrrs.

Is the firnt ilayfi <»f the scsKion Mr. Clay called
till' atU'iition »( the St-nalc to the iTport of the
Stcnlary of the Treasury, cotninunipatinK the
fwt that he had onlered the piihlic di'pnnits to
niuie to Ikj made in the 15aiik <if the I'liited
States, and K'^ '"K '''" leaHoiis for that act ,
and said :

"When ConprcfiR, at the time of the passapc
if the charter of the hank, made it nei-esHary
(ha* tlio^e reasons should bu suhmitted, they
niiii't liiive had 8<mie purpose in their mind. It
must liave l)cen intende<l that Congress shouhl
1 Hik into these reasons, dete'-niinc as to their
viiliiiity ; and approve or disapprove them, as
iLiuht he thought proiwr. The reasons had
iidw been submitted, and it was the duty of
Con!»rcs8 to decide whether or not they were
pufticient to justify the act. If there was a
Mil;Jcct which, more than any other, seemed to
rei|uiio the prompt action of Congress, it cer-
tainly was that which had reference to the cus-
tuiiy and ca'" of the public treasury. Tlie
Senate, therefore, could not, at too early a pe-
riod, enter on the question — what was the ac-
I tual condition of the treasury?

• It was not his purpose to go into a discus-
I Fion, but he had risen to state that it appeared
I to Iiim to be his duty as a senator, and he
iiopoj that other senators took similar views
I of their duty, to look into this subject, and to
I fee wiiat was to be done. As the report of the
Itiecrctary of the Treasury had declared the rea-
[foai which had led to the removal of the pub-
lic deposits, and as the Senate had to judge
Iwiiether, on investigation of these reasons, the
lact was a wise one or uot, he considered that
|it would not be right to refer the subject to
any committee, but that the Senate should at
lonee act on it, not taking it up in the form of a
■report of a committee, but going into an exam-
ination of the reasons as they had been sub-
nitted."

Mr. Benton saw two objections to proceed-
ing as Mr. Clay proposed — one, as to the form
pf his proposition — the other, as to the place
ivhich it was made. The report of the Sec-
tary, charging acts of misconduct as a cause
bf removal, would require an investigation into
liieir truth. The House of Representatives
eing the grand inquest of the nation, and
kroperly chargeable with all inquiries into

«bu«M. would Jx» the proper plnrr Tr tIip mn*
Kider«ti'in of tho ."^iiTtfiiry'* np'Tt — IJKniph

he admitted that the Seiiati nld aI.-*') make

the iiKjuiry if it pleaded ; hut ^h<>u|d ilo it in
tlie pnnxT way, nanii'ly, by iniiniriiip into the
truth of the alUyatiotm npaitixt the liniik. II<<
xaid :

" He requested the Senate to bciir in mind
that tlie ."*iK'retary had aiiiiininri"!, anintij: ullin-
rcasDim which he liail nsMipned fi>r the reiiioMil
of the dej)i>«it(», that it had been t-aii.-eil by the
misconduct of the liiviik, and he liiid poiu' iiiln
a variety of Fipecilicatinns, rharLrinp the bank
with interferinp with the libertic;* of the peo-
ple in their nmst vital eUimiits — the lilK'rty
of the pre.ss, and the purity of election^. The
Secretary hud also eharped the bunk with dih-
hnnoring itrt own jiiiiK'r on sevetnl uccasidnrt,
and that it became necessary to compel it to
receive pajjer of its own bran<lies. lIiTe,
then, were grave eharpes of mi iinihut, and
ho wished t" know whether, ni the line of
such charges, this Congress was to po nt unce,
without the j)revio>i8 examinatictn of a commit-
tee, into action uj)on the subject ?

"He desired to know whether the Senate
were now about to proceed to the considera-
tion of this report as it stood, and, without re-
ceiving any evidence of the eliaipes, or tukinp
any course to establish their truth, to give back
the money to this institution ? lie tlioupht it
would be only becoming in tiie bank itself to
ask for a committee of scrutiny into its eon-
duct, and that the subject ought to be taken
up by the House of Ueprcsentutives, which, on
account of its numbers, its character as the
popular branch, and the fact that all money
bills originated there, was the most proj)er tri-
bunal for the hearing of this case. He did not
mean to deny that the Senate had the power
to go into the examination. ]»ut to fix a day
now for the decision of so important a case, ho
considered as premature. Were the whole of
the charges to be blown out of the paper by
the breath of the Senate ? AVeie they to de-
cide on the question, each senator sitting there
as witness and juror in the case ? He did not
wish to stand there in the character of a wit-
ness, unless he was to be examined on oath
either at the bar of the Senate, or before a
committee of that body, where the evidence
would be taken down. He wished to know
the manner in which the examination was to
be conducted j for he regarded this motion as
an admission of the truth of every charge which
had been made in the report, and as a ilight
from investigation."

Mr. Clay then submitted two resolutions in
relation to the subject, the second of which after
debate, was referred to the committee on finance.
They were in these words :

*r.. : ._

• 'ti."

t-i -

■■ f.

394

TIIIUTV YI:AIW VIKW.

" lot. Thiif, )>y (|i«inifiMin(( th«< U(6 Swretary
of thf Tr»'ii'<iirv, iHraii"**' lu> would not, rnnlrary
to hilt i«(ii-i' III" liii own iliily, n-iiiovi* tin- iiiniM-y
iif tilt' riiitc'l Siiilc4 in lifiioNit with tin- Ituiik
of till' I'liiir'! Statt't iind itn liraiichcM, in con-
ii)riiiily with tht- I'rivsiiliiit'H o|iinioii, nnd l>y
ii|>|i<iintiii;; hit rtucfcNHor to ctl't-ct hiicIi ri'niovnl,
wliiiii hiiH lifiii dune, till' I'rt'sidfiit lm.'< »'<'<iiiii('d
tlu' ixtTri-f (if a |M)\viT ovtT till' 'I'lfiiKiiry of
th(! rniti'd Stiiti'H, not );rnnti'd to him hy thi'
I'oiiNiitiitioii and hiwH, and ihuiKi'i'ous to the

llljl'l-tll'."! of thf |K'0|lll',

" l!il. 'I'hut fill' ri'nKoni4 ftHHij;ni'd l>y llit! Soc-
rctnry of I he TrfiiHiify for tlu- ivinovnl of the
inont'y of thi' Initt'd StatoH ili'poHitid in the
]lunk of tlic Iiiilcd StaloH and itH hrnncheN.
coniinnniriiti'il to Conf;r<'HH on the i!d day of
DiH'onihi'i-, K>.)o, aru uni^atiMfuctory and InHiifli-
ficnt."

Tiic oidir r>r the reftTcncu to the finance
rotnniitti'C was made in the Senatu nt four
o'clock in till' afternoon of one day ; and the
report ujion it wuh made at noon the next day;
a very elahorate argumentative jMiper, the read-
ing of which by its reporter (Mr. Webster)
consnnied one hotir and a quarter of time. It
recommended the adoption of the resolution {
and 0000 copii's of the report were onlered to
be printed. Mr. Forsyth, of Georgia, compli-
mented tho committee on their activity in
getting out a report of such length and la.
Iior, in no slmrt a time, and in the time usual-
ly given to tho refreshment of dinner ond
sleep, lie said :

" Certainly)- great credit was due to the com-
mittee on llnai. "" for the zeal, ability, and indus-
try with which the report had been brought out.
lie thought the reference was made yesterday at
four o'clock ; .nnd tho committee could hardly
have had time to agree on and WTite out so long
a renort in tho short space of time intervening
since then. It was possible that tho subject
might have been discussed and well understood
in the committee before, and that the chairman
had time to embody tho sentiments of the vari-
ous members of the committee previous to the
reference. If such was the case, it reminded
him of what had once happened in one of the
courts of justice of the State of Georgia. A
grave question of conijtitutional law was pre-
sented before tliut court, was argued for days
with great ability, and wnen the argument was
concluded, the judge drew from his coat pocket
a written opinion, which he read, and ordered
to be recorded as the opinion of the court. It
appeared, therefore, that unless the senator
from Massachusetts carried the opinion of the
committee in his coat jiockct, he could not have
presented his report with the unexampled dis-
patch that hud been witnessed."

Mr. Wc'lmt^r, cvltli-ntly nettli'd >t tl,i. »v.
roiitic complimi'iit of .Mr. K<>rityth, ri'iiln j (,
him '\'.i a way to hliow his irritatitl fct'liii);. I,, .
without Hhowing how he ramc to i! . no iim,..
work in so Hlmrt a time, llo Miid:

" lla<l the p'nllcnmn come to the .''inntitl .
morning in his usual gixMi humor, ho w>.ii;
have U'cn easily oiitihlicd on that point, H,.
will recollect that the subject now undt r d ..
cuKsion was ilccnicd, by every binly, to !,
jieculiarly fitted for the consideration i,f ti,
committee on finance ; and that, three \yi,\,
ngo, I had intimated my intention of iniivin.
for such a reference. 1 had, however, (iiiay,"
the motion, frmn considcrutious of cimrli'sy t
other gentlemen, on all sidi ^. Hut tlii'j;iiitr,:
subject of the removal of the deposits, IiikIIhi;,
referrt'd to the committee on lliiance, by rcfu.
enceofthat part of the President's nuriMii.T:
and various memorials, in relation to it, in;
also lieen referred. The subject has iiiidi r^-,,!,,
an ample dificussion in committee. I liml U,;.
more than once instructed by the coniniittici
move for the reference of the Secretary's iuitir
but the motiim was postponed, from time t
time, for tho reasons I have before given. IL,!
the gentleman from Oeonrin been in the SVnatc
yesterday, ho would have known that this ],ar.
ticular mode of proceeding was adopted, as wx-
then well understood, for the sole jiuriiojic c
facilitating tho business of the "^-"nate, ar.d i,l
giving the committee an opportunity to cxpro«i
an opinion, tho result of their consideration.
If tho gentleman had heard what had pav^iii |
yesterday, when the reference was made, Le
would not have expressed surprise."

Tho fact was tho report had been drawn Ij
the counsel for tho bank, and differed in no war
in substance, and but little in form, from the I
report which the bank committee had niadeu
tho paper, " purporting to have been signed l.v
Andrew Jackson, and read to what was callni
a cabinet." But the substance of the resolu.
tion (No. 2, of Mr. Clay's), gave rise to more
serious objections than tho marvellous activitv [
of tho committee in reporting upon it with tLe
elaboration and rapidity with which they hi \
done. It was an empty and inoperative n-
pression of opinion, that the Secretary's roajou I
were " unsatisfactory and insufficient ; " witlom I
any proposition to do any thing in consequcnct I
of that dissatisfaction and insufficiency ; and I
consequently, of no legislative avail, and of du I
import except to bring tho opinion of senators. [
thus imposingly pronounced, against the act d I
the Secretary. The resolve was not practid I
— was not legislative— waa not in conforaitjj

ANNO IM3. ANDUEW JACICSOX. rUK>n»i:NT,

3l»3

M'tllcd »t tVc »»„■«
F'TKyth, n>jilii i ii
•ritatf*l fi'iliiiif>.Ki:'
mill* to <'. • so mill';.
Ic Mkid :

10 to the Svnftfi'tl .

(I hiiiiiiir, 111" wh,;
on timt jioiiit. II,
ji'i't now iiiiilcr il -.

fvory h(Hiy, to 1.
[■onxiiliTtttiiin cf tl.
il Umt, tlirie wnk.
intftUion of niovm;.
lul, liowi'Vir, (ItiftM ;
itioiis of ciiurtc'sy i,
k'H. But tin- j:i'iural
ho (lopoHit!*, liiulUxa

on llniuirt', by nhf
I'resKii'nt'rt nui*i>ni.i' ;
n rt'liition to it, Iwi
luliji'ct has iinilip^iii,,
inniittcf. I hail lHt;i
I by tho conunittiiti
the Sccri'tary's liiur,
tponcd, from time t.
vo before nivoii. ILil
ifin been in the SJinatc

known that thii< jiar-
g was nihipted, as Wh
' the solo imi'iiOKo c
of tho '^•'nnte, ar.d c(
jpportunity to oxpn-i
f their consi(k'rati(in,
«ard what hail pii-scil
erencc was made, Ik
1 surprise."

t had been drawn h
and differed iunoway
ttlc in form, from the I
immittco had made i a
I) have been signed k I
id to what was callw
bstanco of the resoli> I
8), gave rise to more
10 marvellous activity
rting upon it with tli< I
with which theyyj
and inoperative ci-
the Secretary's roajoa
insufficient;" witbou!
f thing in conscquenK I
ind insufficiency ; and
lativc avail, and of nu
ho opinion of senatori,!
iced, against the act (< I
olvo was not practical
vas not in confonnitj

t,> any ni«xie of lioinK butiiwM — and le<l to no
p ti,,ii ;— neither to » rei«t<ir«tii :i of ttM< i|epr>Mii4
n t \» • roKiieninatioii of tlwir lvei'|»in)| Vty tho
>>iiti' luiiik'*. t'ertniiily th«- <h»rtrr. tii ordering
,!.,. ""(iretnry to niwirt, iind to n'|M)rt nt tiie
lift iirni'lii'nl'lo moment, both the fnrt of n ri'-
:;ii\»l. niid the n'B«oni for it, wm to enable
(',,ii,'ii"<-t to B«.'t — to do sonietbing — to JrifiHJnte
III" II the subject — to judj^e ' le validity of tho
Mx-niifs— iind to ordcraifRtoiation if they were
ii.ml to be untrue or insufficient j or to eon-
iliiiin the new place of deponit, if it wax deemed
iiirii'i'iire or impro|K-r. All thirt was too ob> iouM
to I'iii'niic tlie attention of tho demoerntic mem-
Urn who invei^ihed a^iinst tlio futility and
irrelivniire of tlie resolve, unfit for a legislative
lj.,dy, mill only suitable for a town meeting ;
(I'ldaiii'wering no purpone as a nenatorial residve
lut tliat of jiolitical etfect against public men.
On tlii!< jioint Mr. Forsyth said:

•• The subject had then been taken out of tho

tian l* of tlie Senate, and sent to tho committee

i.ii linanre ; and for what purpose was it t^ent

thither ? Did any ono dou))t what would bo

the opinion of tho committee on finance?

WmiM such a movement have been made, had

it nut been intended thereby to give strength

1 1 the course of the oppositiim 1 lie was not

in the Senate when tho reference wasyestonlay

I made, but ho had supposed that it was made

firtiie piupose of some report in a legislative

luni, hut it has come back with an argument,

imd a recommendation of tho adoption of the

I resolution of tho senator from Kentucky j and

1 when the R-solutions were adopted, would they

I nut i-till be sent back to that committee for ex-

umination ? Why had not the committee, who

Hiiiied to know so well who* would to the

opinion of the Senate, inbodled tbac opinion in

I a legislative form 1 "

To the same effect spoke many raemb jrs, and
luiiiong others, Mr. Silas Wright, of Ne\.--York,

Iwlio said:

'• He took occasion to say, that with regard
ItD tlie reference made yesterday, he was not so
lunfortunate as hia friend from Georgia, to be
■absent at the time, and he then, while the mo-
Ition was pending, expressed his opinion that a
[reference at four o'clock in the afternoon, to be
returned with a report at twelve the next day,
nvoiild materially change the aspect of the case
efore the Senate. Ho was also of opinion, that
klie natural effect of sending this proposition to
jtlie comanittee on finance would be, to have it
eturned with a recommendation for some legis-
lative action. In this, however, he had been
lisappoiuted, the proposition had bt«n brought

h*rk to tho S<>nitto In tho name form m arnt to
the riiniliiitli'e, Hitb t>H< t-xreptlon xf the \tTy
able argument lead thitt morning."

Mr. Webster flit biiiisilf calleil iij"»n t'l an-
swer tlieco obiectionH, and did so in a wiiy to
intimate that the eommit tee were not ••gri-vn"
enough, — that is to say, were ton wine to \tvn-
pose any legislative ai'tion on the part of ('ot.*
greM in relation to this removal. He said :

"There is another lliiiiL'. sir, to wbirb the
gentleman has objei'ted. lie would have pre-
terred that soiiie legislative let'oinnieiidution
should have iwroinpiinied the ii'|ioit — that some
law, or Joint resolution, sliould have been re-
commended. Sir, do we not see what the
gentleman probably desires } If nut, we must
Ih) green politiciims. It was not my intention,
at this Htago of tho business, to propose 'uiy
law, or joint 't'esoliitioii. I do not. al prer-eiil,
know the opinions of the eoniiiiittee on this
Hubjeet. On this i|iiestioii, at leiist, to iLse the
gentleman's expression, I do not carry their
opinion.s in my coat pocket. The «iiiestion,
when it arrives, will be a very grave <uie — one
of deep and soleinn import — and when tbejiio-
|)cr time for its discussion arrives, the geiitleiuan
from (ieorgia will have an op|iortiiiiily to ex-
atnino it. The first thing is, to asiertain thu
judgment of the Senate, on the Secielaiy's
reasons fur his act."

Tho meaning of Mr. Webster in this reply —
this intimation that the finance committee had
got out of tho sap, and were no longer " green ''
— wa.s a declaration that any legislative mea-
sure they might have recominended, would
have been rejected in the House of llepresenta-
tives, and so lost its efficacy as a senatorial
opinion ; and to avoid that rejection, and save
the effect of the Senate's opinion, it must Ihj a
single and not a joint resolution ; and so con-
fined to the Senate alone. The ie])ly of ^Ir.
Webster was certainly candid, but unparlia-
mentary, and at war with all ideas of legislation,
thus to refuse to propose a legislative enactment
because it would be negatived in tho other
branch of the national legislature. Finally, tho
resolution was adopted, and by a vote of 26 to
18; thus:

" Yeas.— Messrs. Bibb, Black, Calhoun. Clay,
Clayton, Ewing, Frelingliuyscn, Hendricks,
Kent, King of Georgia, Knight, I.eigli, Martgum,
Naudain, Poindexter, Porter, Prentiss, Preston,
Bobbins, Silsbee, Smith. Southard, Sprague,
Swift, Tomlinson, Tyler, Wagsram m, 'Webster.

" Nays. — Messrs. Benton, Bn wn, For,sy th,
Grundy, Hill, Kane, King of ilabama, Liuu,

306

TKiuTY YKAUs' vir:\v.

I {

i! m

McKcan. Mimrc. HoItinRon, Shoplov,Tallmadpo,
Tipton. White, Wilkins, Wiif,'lit."'

Tlie futility of tliiH re«"'' ^ -.vns made manifoPt
soon aftor its passage. It was nupatory, and
reiniiiiied nakc<l. It required nothing to l>e
done, and notliing was done under it. It be-
came ridiculous. And eventually, and near
the end of the session, Mr. Clay proposed it over
again, with another resolve attached, directing
the rettirn of the deposits to the Bank of the
United State.s; and making it joint, so as to re-
quire the consent of both houses, and thus lead
to legislative action. In submitting his resolu-
tion in tiiis new form he took occasion to al-
lude to their fate in the other branch of the
legislature, where rejection was certain, and to
intimate censure upon the President for not
conforming to the opinion of the Senate in its
resolves ; as if the adverse opinion of the House
(from its recent election, its superior numbers,
and its particular charge of the revenue), was not
more than a counterpoise to the opinion of
the Senate. In this sense, he stood up, and said :

" Whatever might be the fate of these reso-
lutions at the other end of the capitol, or in
another building, that consideration ought to
liavc no intluence on the course of this body.
The Senate owed it to its own character, and
to the country, to proceed in the discharge of its
duties, and to leave it to others, whether at the
other end of the capitol or in another building,
to perform their own obligations to the country,
according to their own sense of their duty, and
their own convictions of responsibility. To
them it ought to be left to detemiine what was
their duty, and to discharge that duty as they
might tliink best. For himself, ho should lie
ashamed to return to his constituents without
having made every lawful eilbrt in his power to
cause the restoration of the public deposits to
the United States Bank. While a chance yet
remained of ett'ecting the restoration of the
reign of the constitution and tiie laws, he felt
that he should not have discharged this duty
if he failed to make every elfort to accomplish
that desirable object.

''The Senate, after passing the resolution
which they had already passed, and waiting two
months to sec whether the Executive would
conform hi? course to the views expressed by
this branch of the legislature ; after waiting all
this time, and perceiving that the error, as the
Senate had declared it to be, was still persever-
sd in, and seeing the wide and rapid sweep of
fuin over every section of the country, there
was still one measure left which might arrest
the evil, and that was in the otlering of these
resolutions— to present them to this body; and,

if they passed hero, to uend them to the <,[],,
House ; and, shouM they (lassthem, to iirc*^:;
to the l»resi(knt the plain question, if he wi
return to the constitutional track ; or, in oi i,,
sition to the expressed will of tiie Icgislanir,
retain the control over the millions of pull
' money wliicii are already deposited in tli(> 1(,(^,
banks, and which arc still coming in then-.'

Jlr. Benton replied to Mr. Clay, showin;: ti.
propriety of these resolutions if oflind at ti ,
commencement of the session — their inutiljtv
now, so near its end ; and the indelicacy in tlic
Senate, in throwing itself between the banl.
and the House of Representatives, at a moment
when the bank directors were standing out i;.
contempt against the House, refusing tv liccx-
amined by its committee, and a motion actnalh-
depending to punish them for this contempt. Fur
this was then the actual condition of the w.r-
poration ; and, for the Senate to pass a rcsoin.
tion to restore the deposits in these circmr.-
stances, was to take the part of the bank agajr,;.;
the House — to justify its contumacy — and tn
express an opinion in favor of its re-charttr;
as all admitted that restoration of the dopositj
was wrong unless a re-charter was granted,
Mr. B. said :

" He deemed the present moment to bo ilie
most objectionable time that could have l«ii
selected for proposing to_ restore the public de-
posits to the United States Bank. Sucii apn^
position might have been a proper proceeding'
at the commencement of the session. Ajoiiit
resolution, at that time, would have been the
proper mode ; it could have been followed U
action ; and, if constitutionally passed, woulij
have compelled the restoration of these depiii.
its. But the course was diflei'cnt. A separatt
resolution was brought in, and passed the Stu-
ate; and there it stopped. It was a nupatory
resolution, leading to no action. It was such
a one as a State legislature, or a public nitcti:ii;,
might adopt, because they had no power to 1^
gislate on the subject. But the Senate had the I
power of legislation ; and, six months ago, wlitn
the separate resolution was brought in, the
Senate, if it intended to act legislatively on the
subject at all, ought to have proceeded by joict
resolution, or by bill, at that time. But ii
thought otherwise. The separate resolution
was adopted ; after adoption, no instruction wit
given to a committee to bring in a bill ; notliini;
was done to give legislative cflect to the dici- 1
sion of the Senate ; and now, at the end of sii
months, the first attempt is made to move in
our legislative capacity, and to pass a join* re- 1
solution — equivalent to a statute — to comp;! the I
i-estoration of these deposits. This is the stale I
of the proceeding; and, Mr. B. must be pennii [

ANNO 1833. ANDREW J.\rKS<^X. I'lll^lDKNT.

3U7

n<l them to the "tKir
{lOSH them, tn j)rc,<fm

in fjuestiuii, if he wii;

ml track ; or, in ii|.|,..

vill of llie le'.Mshtnn

the iuillii>ns of j.ntl.
deposited in the ioa

1 coming in there,''

},\r. Clay, showiiu.' t!,,
itions if oll'ered lu tit
[■ssion — their inutilitv
d the indclicary in the
elf between the baiil,
icntativcs, at a nidineiit
were standing out i.;
juse, refiisin<? t." he n-
, and a motion actiiiilly
1 for this contempt. F.r
il condition c f the ccr-
Icnate to pass a resulii-
losits in these eiroim-
part of the bank ajrains;
its contumacy — and h>
favor of its re-chartir,
toration of the doposiu
e-chai'ter was granted.

sent moment to bo tlio
that could have Iw.i
;o restore the public dc-
ites Dank, Sucii a piv
len a proper proceeding
if the session, Ajuint
.J would have been tlit
have been followed k
Litionally passed, would
..toratiou of these dLTn?-
18 diflercnt. A scparait
in. and passed the Son-
ic d^ It was a nugatory ]
no action. It was such
:,urc, or a public mtctiiK, I
ley had no power to 1
But the Senate had the 1
id, six months ago.whtn
was brought in, the
. act legislatively on the
have proceeded by joint
at that time, Lut ii
The separate resolution
ption, no instruction m
bring in a bill; notliiK
ative cflect to the dtci-
i now, at the end of sii
jpt is made to move in
, and to pass a join* k-
a statute— to compel the
posits. This is the stale
Mr. B. must be pennii [

,p^ to i.iy, and to give his reasons for saying,
jhit tlif time .selected for thin first step, in our
i. ;;i«l.uive capacity, in a ca.se so long dei)ending,
i,"inHif inappro[)riate and objecti<inablo. Mr,
It would not dwell upon the palpable objections
t.i tliis proceeding, which must strike every
111.11'!. The advanrrd staire of the session — the
,,7iip.)sit ions to adjourn — the i|uantityof business
In liand — the little probahility that the House
.ml the I'lvsident wouM concur with the Sen-
ati', or that two thirds of the two Houses could
•v itroiight to pass the resolution, if the Preai-
iliiit declined to give it his approbation. These
idpalile objections must strike every mind and
make it appear to be a uselests con.sumption of
time for the tsenate to pass the resolution.

••Viitiially.it included a proposition to re-
riiarter the bank ; for the most confidential
fritnds of that institution admitted that it was
improper to restore the deposits, unless the bank
chiiittr was to be continued. 'J'ho proposition
to restore titem, virtually included the propo-
titiiin to re-charter; and that was a proposition
which, after having been openly made on this
tlnor, and leave asked to bring in a bill to that
eifcct, had been abandoned, under the clear con-
viction that the me.isure could not pass. Pass-
in;' from these palpable objections, Mr. B. pro-
I'trilcd to state another reason, of a dilierent
kind, and which he held to be imperative of the
course which the Senate should now pursue : he
ulliuled to the state of the questions at this
uioineut depending between the Bank of the
liiited States and the House of Representa-
tives, and the nature of which exacted from the
Senate the observance of a strict neutrality, and
M absolute non-interference between those
two bodies. The House of Kepresentatives had
ordered an inquiry into the affairs and conduct
of the bank. The points of inquiry indicated
misconduct of the gravest import, and had been
ordered by the largest majority, not less than
thive or four to one. That inquiry was not yet
tiiiished; it was still depending ; the committee
j appjiiited to conduct it remains organized, and
has only reported in part. That report is be-
fore the Senate and the public ; and shows that
the diroctors of the Bauk of the United States
have resisted the authority of the House — have
made an issue of power between itself and the
House — for the trial of which issue a resolution
is now di'iwnding in the House, and is made the
order cjf the day for Tuesday next.

"Here, then, are two questions depending
j between the House and the bank; the first,
Ian iitquiry into the misconduct of the bank ;
[the second, a proposition to compel the bank to
iBiibmit to the authority of the House. Was it
Iriglit for the Senate to interpose between those
lliodies, while these questions were depending 1
lAVas it right to interfere on the part of the
llaiik? Was it ri^^ht for the Senate to leap
Biito the arena, throw itself between the con-
tending parties, take sides with the bank, and
liitually declare to the American people that

there wan no causae fur inquiry into tlic conduct
of ttie bank, and no irrouiMl if ceti-iire fur re-
sisting the aiitlunity <.f tl.e Il"ii-c .' Such
would, doubt liss, be the circct of the cuucliift
of the Senate, if it should entertain the i)rippii-
sition which is now submitted to it. That
proposition is one of honor and contideniv to
the bank. It proceeds uj)on tliu a.'s.siiniption
that the bank is right, and tlie House is wrong,
in the questions now depending In-tween thenj ;
that the bank has done nothing to merit in-
(piiry, or to deserve censure ; and that the pul>-
lic moneys ought to be restored to her keejiiug,
without waiting the end of the inve.-^tigation
which the House has ordered, or the decision
of the resolution which affirms that the b.aiik
has resisted the authority of the House, and
committed a contempt against it. This is the
full and fair interpretation — the clear and .speak-
ing effect — of the measure now proi^osed to the
Senate. Is it right to treat the House thus 7
Will the Senate, virtually, intelligibly, and prac-
tically, acquit the bank, when the bank will not
acquit itself? — will not suffer its innocence to
be tested by the recorded voice of its own books,
and the living voice of its own directors ? These
directors have refused to testify; they have
refused to be sworn ; they have rcfu.sed to
touch the book ; because, being directors and
corporators, and therefore parties, tliey cannot
be required to give evidence against themselves.
And this refusal, the public v-, .-ravely told, is
made upon the advice of eminent coi.isel. What
counsel 1 The counsel of the law, oi of fear ?
Certainly, no lawyer — not even a junior appren-
tice to the law — could give such advice. The
right to stand mute, does not extend to the
privilege of refusing to be sworn. The right
does not attach until after the oath is taken,
and is then limited to the specific <iuestion, the
answer to which might inculpate the witness,
and which he may refuse to answer, because lie
will say, upon his oath, that the answer will
criminate himself. But these bank directors
refuse to be sworn at all. They refuse to touch
the book ; and, in that refusal, commit a flagrant
contempt against the House of Kepresentatives,
and do an act for which any citizen would be
sent to jail by any justice of the peace iu Ame-
rica. And is the Senate to justify the directors
for this contempt? to get between them and
the House ? to adopt a resolution beforehand —
before the day fixed for the decision of the con-
tempt, which shall throw the weight of tlio
Senate into the scale of the directors against
the House, and virtually declare that they are
right in refusing to be sworn ? "

The resolutions were, nevertheless, adopted,
and by the fixed majority of twenty-eight to
eighteen, and sent to the House of Ueprc senta-
tives for concurrence, where they met the fate
which all knew they were to receive. The
House did not even take them up for considera-

308

TIIIKTY YF.ARS' \\K\V.

h Ik II.

(is Ii-^

tion. liiif rontiiiiic'l tlic rorrso wliich it hiul }>c-
pin nt the roininciiPcnipnt of the session ; and
which «!iH in exact conformity to the lepjisla-
tive coiiiKe, and exactly contrary to the course
of the Senate. Tlie report of the Secretary of
the Treasury, the memorial of the hank, and
that of the ^rovernment directors, were all refer-
red to the Coinniittec nt ^V'ays and Means ; and
hy that committee a report was made, by their
chairman, Mr. Polk, sustaininj; the action of
the Secretary, and concluding with the four fol-
lowing resolutions :

"1. Hesolved. Ihut the Bank of the United
States oupht not to Ix; re-chartered.

" 2. Jffsoln.'d, That the public deposits ought
not to be restored to the Jiank of the United
States.

" 3. Ifesolved, That the State banks ought to
be continued as the places of deposit of the
public money, and that it is expedient for Con-
gress to make further provision by law, pre-
scribing the mode of selection, the securities to
be taken, and the manner and terms on which
they are to be employed,

" 4. licsolvcd, That, for the purpose of ascer-
taining, as far as practicable, the cause of the
commercial embarrassment and distress com-
plained of by numerous citizens of the United
States, in sundry memorials which have been
presented to Congress at the present session,
and of inquiring whether the charter of the
Bank of the United States has been violated ;
and, alsOj what corruptions and abuses have ex-
isted in its management ; whether it has used
its corporate power or money to control the
press, to interfere iu politics, or influence elec-
tions ; and whethc it has had any agency,
through its management or money, in producing
the existing pressure; a select committee be
appointed to inspect the books and examine
into the proceedings of the said bank, who shall
report whether the provisions of tne charter
have been violated or not; and, also, what
abuses, corruptions, or malpractices have ex-
isted in the management of said bank ; and that
the said committee be autiiorized to send for
persons and papers, and to summon and examine
witnesHi's, on oath, and t(j examine into the
aft'airs of the said bank and branches ; and thej'
are further authorized to visit the principal
bank, or any of its branches, for the purpose of
inspecting the books, correspondence, accounts,
and other papers connected with its manage-
ment or business ; and that the said committee
l)e requiix;d to report the result of such inves-
tigation, together with the evidence they ma}'
take, at as early a day as practicable."

These resolutions were long and vehemently
debated, and eventually, each and every one,
adopted by decided, and some by a great ma-

jority. The first one, }>cing that np^m th.
question of the rcchartor, was carried Iv >
majority of more than fifty votes — 134 to 82
showing an immense difference to the prejuclic.-
of the bank since the veto session of 18''2. The
names of the voters on this great qucfition, ^o
long debated in every form in the halls ,,f
Congress, the chambers of the State legisjaiiirc*
and in the forum of the people, desene to \v
commemorated — and are as follows :

"Yeas. — Messrs. John Adams, William All'n,
Anthony. Archer,«Beale, Bean, Beardslcy. Wnv^.
mont, John Bell, John Blair, Bockeo. JJom,
Bouldin, Brown, Bunch, Bynum, Cambrelmirl
Campbell, Carmichael, Carr, Casey, Chanev]
Chinn, Claiborne, Samuel Clark, Clay, Clayton.
Clowney, Coffee, Connor, Cramer, W. \\. Davi<^
Davenport, Day, Dickerson, Dickinson, Dunlap
Felder, Forester, Foster, W, K. Fuller, Fulton!
Galbraith, Gholson, Gillet, Gilmer, Gordon
Grayson, Griffin, Jos, Hall, T, H, Hall, Halsev!
Hamer, Hannegan, Jos, M, Harper, Harrison,
Hathaway, Hawkins, Hawes, Heath, Ilcndersfin!
Howell, Hubbard, Abel Huntington, Inge. Jar-
vis, Richard M, Johnson, Noodiah Johnson.
Cave Johnson, Seaborn Jones, Benjamin Jonc,*,
Kavanagh, Kinnard, Lane, Lansing, Laporic,
La\vrence, Lay, Luke Lea, Thomas Lee, Leavitt
Loyall, Lucas, Lyon, Lytle, Abijah Mann. Jul
K. Mann, Mardis, John Y, Mason, Mosos Ma-
son, Mclntire, McKay, McKinley, McLini.
McVean, Miller, Henry Mitchell, Robert Mi-
chel!, Muhlenberg, Murphy, Osgood, PaiM.
Parks, Parker, Patterson, D, J, Pearce, Pey-
ton, Franklin Pierce, Pierson, Pinckney, Plnm-
mer, Polk, Rencher, Schenck, Schley, Shinii
Smith, Speight, Standifer, Stoddert, Suflier
land, William Taylor, Wm. P, Taylor, Fran-
cis Thomas, Thomson, Turner, Turrill, Van-
derpoel, Wagener, Ward, Wardwell, Wayne,
Webster, Whallon,— 134,

"Nays, — Messrs, John v^.-ncy Adams, John
J. Allen, Heman Allen, Chilton Allan, Ashiev,
Banks, Barber, Bamitz, Ban'inger, BaylieV
Beaty, James JL Bell, Binney, Briggs, Bull
Burges, Cage, Chambers, Chilton, Choate, Wil
liam Clark, Corwin, Coulter, Crane, CrockKt
Darlington, Amos Davis, Deberry, Dcmini:
Denny, Dennis, Dickson, Duncar, Illlswortli,
Evans, Edward Everett, Horace Everett, Fill-
more, Foot, Philo C, Fuller, Graham, Grcnnel,
Hiland Hall, Hard, Hardin, James ilarpcr,
Hazeltine, Jabcz W, Huntington. Jacftsoa
William C. Johnson, Lincoln, Martindalc, Ma^
shall, McCarty, McComas, McDuffie, McKcnnm
Mercer, Milligan, Mooro, Pope, Potts, \\k\
William B. Shepherd, Aug, H, Sheppertl, Wil-
liam Slade, Charles Slade, Sloanc, Spnnpler
Philemon Thomas, Tompkii.s, Tweedy, Vancej I
Vinton, Watmough, Edwanl f* White. Fred-
erick SVhittlcsey, Elisha Whittlesey, AViida
Williams, Wilson, Young.— 82."

ANNO isn.r ANDRI .TACKSON, rilFSIDKNT.

3<)9

n, Duncar, JEllswortli,

Tlie KToiid ami third resolutions were carried
l,v Eotxi majoritiert. and the fourth overwhilni-
,,„lv_17.'i to 42. Mr. Polk iinnieiliately moved
the ajipxiiitmont of the committee, and that it
ciusist of neven members. It was appointed
.u-conlinply, and consisteil of Messrs. Francis
Tlioina.'i of Maryland, chairman ; Everett of
Massachusetts ; Muhlenber(» of Pennsylvania ;
Juhn Y. Mason of Virpinia ; Ellsw orth of Con-
nicticut ; Mann of New-York ; and Lytle of
Uiiio. The proceedings of this committee, and
the reception it met with from the bank, will
lie the subject of a future and separate chapter.
I'mlcr the third resolution the Committee of
)Vays and Means soon brought in a bill in con-
fumiity to its provisions, which was passed by
a majority of 22, that is to say, by 112 votes
ayainst 90. And thus all the conduct of the
I'refident in relation to the bank, received the
full sanction of the popular representation ; and
presented the singular spectacle of full support
in one House, and that one specially charged
with the subject, while meeting condemnation
in the other.

CHAPTER XCVII.

I CALL ON THE TRESIDENT FOK A COPT OF THE
"PArEU UEAD TO THE CABINET."

I In the first day."? of the session Mr. Clay sub-
I raittcd a resolution, calling on the President to
inform the Senate whether the " paper," pub-
I lished as alleged by his authority, and purporting
I to have been read to the cabinet in relation to
[the removal of the deposits, "be genuine or
Cnot;" and if it be "genuine," requesting him
Ito cause a copy of it to be laid before the Senate.
[Mr. Forsyth considered this an unusual call, and
jMished to know for what purpose it was made.
[He presumed no one had any doubt of the au-
thenticity of the published copy. lie certainly
|had not. Mr. Clay justified his call on the
fround that the " paper " had been published —
had become public — and was a thing of general
uotoriety. If otherwise, and it had remained a
onfidential communication to his cabinet, he
ertainly should not ask for it ; but not an-
swering as to the use he proposed to make of
It, Mr. Forsyth returned to that point, and said

I he could inupino that one brnnchof the le^j;!.*-
I lature uiuicr certain cirounistamvs miplit have
I a ripht to call for it ; but the .*^niiito wa-; wt
I that branch. If the pajitr wa.s ti> la- tho ground
of a criminal charge against the President, and
upon which he is to be bmuplit to trial, it
should come from the House f)f lu prtsontatives,
with the charges on which he was to Ik? tried.
Mr. Clay rejoined, that as to the tiKcs which
were to lie made of this "paper " nothing seemed
to run in the head of the Senator from Georgia
but an impeachment. This seemed to \>e the
only idea he could connect with the call. But
there were many other puqioses for which it
might be used, and he htul never intended to
make it the ground of impeachment. It might
show who was the real author of the removal
of the deposits — whether the President, or the
Secretary of the Treasury ? and ..iiether this
latter might not have been a mere automaton.
Mr. Benton said there was no parliamentary
use that could be made of it, and no such use
had been, or could be specified. Only two uses
can be made of a paper that may be rightfully
ca'Ued for — one for legislation ; the other for
impeachment ; and not even in the latter case
when self-crimination was intended. No legis-
lative use is intimated for this one ; and the
criminal use is disavowed, and is obliged to be,
as the Senate is the tribunal to trj*, not the
inquest to originate impeachments. But this
paper cannot be rightfully called for. It is a com-
munication to a cabinet ; and communications to
the cabinet are the same whether in writing, or
in a speech. It is all parol. Could the copy of
a speech ir de to the cabinet be called for?
Could an account of the President's conversation
with his cabinet be called for ? Certainly not !
and there is no dificrence botween the written
and the spoken communication — between the
set speech and a conversation — between a thing
made public, or kept secret. The President may
refuse to give the copy ; and certainly will consult
his rights and his self-respect by so refusing. As
for the contents of the paper, he has given them
to the country, and courts the judgment of the
country upon it. He avows his act — gives his
reasons — and leaves it to all to judge. He is
not a man of concealments, or of inesponsibilit)'.
He gave the paper to the public instantly, and
authentically, with his name fully fiigiied to it }
and any one can say what they please of it. If

! *!

>^."

•i

400

TiiiUTV vr.AMs' vn;\v.

\h 'I*"""

it is «-iinti''l r<ir nn inviTtivc. or philippic, tliorc it
is! ic.'uly I'"!' ii''!', ami sfckin^ no sliellcr for
wiint (iC jiiitii: iiticity. It is jjivcn to the world,
and is oxjuclcd to Htaiid the test ofull cxniniim-
tion. .Mr. Foi yth nsked the yeas and nay.s on
Mr. Clay's cull; thiy were onlcreil; ami the
resolution past;ed by 2.'{ to IH. The next day
the Presitlcnt replied to it, and to the cflcctthat
was generally foreseen. lie declared the Execu-
tive to be a co-ordinate branch of the government,
and denied the rifrht of the Senate to call upon
him for any copiu.s of his communications to his
cabinet — either written or. «poker. Feeling his
responsibility to the American people, ho said
he shoild be always ready to explain to them
his conduct ; knowing the constitutional rights
of the Senate, he should never withhold from it
any information in his power to give, and neces-
sary to the discharge of its duties. This was
the end of the call ; and such an end was the
full proof that it ought not to have been made.
No act could be predicated upon it — no action
taken on its communication — none upon the re-
fusal, either of censure or coercion. The Pres-
ident stood upon his rights ; and the Senate
could not, and did not, say that he was wrong.
The call was a wrong step, and gave the Pres-
ident an easy and a graceful victory.

CHAPTER XCVIII.

MFSTAKES OF PUBUC MKN:— GREAT COMBI-
NATION' AOAlNSr OKNKKAL JACKSON :—tOM-
MEN'CE.MENT 01' THE TANIO.

In the year 1783, Mr. Fox, the great parlia-
mentary debater was iu the zenith of his power
and popularity, and the victorious leader in the
House of Commons. He gave offence to the
King, and '•. -^ dismised from the ministry, and
immediately formed a coalition with Lord North ;
and co"-uenced a violent opposiiion to the acts
of the government. Patriotism, kve of liberty,
hatred of misrule and oppression, were the
avowed objects of his attacks ; " but every one
saw (to adopt the language of history), that
the rer.l difficulty was hie own exclusion from
office ; and that his coalition with his old enemy
and all these violent assaults, were only to force

' himself back into pftwer: and this U-in;: hc, ;,
his eflorts l)erame unavailing, and distnt^trful t.,
the public; and he lout liis jxiweraiid iiiiiu(nr,.
with the people, and sunk his friends with lum
More than one hundred and sixty of his support,
crs in the House of Commons, lost their plnr(«
at the ensuing election, and wcie sportively cfj].
ed " Fox's Martyrs ; " and when they had a ]ip,.
cession in London, wearing the tail,* of foxes In
their hats, and some one wondered where so m.inv
tails of that animal had come from, Jlr, Pitt
slyly .said a great many foxes had been laulv
taken : one, upon an average, in every boroush.
Mr. Fox, young at that time, lived to recover
from this prostration ; but his mistake was ont
of those of which history is full, and the Icffon
of which is in vain read to succeeding genera-
tions. Public men continue to attack their .nl.
versaries in power, and oppose their measures,
while having private griefs of their own to re-
dress, and personal ends of their own to accom-
plish ; and the instinctive sagacity of the peojilA
always sees the smister motive, and condemns
the conduct founded upon it.

Mr. Clay, Mr. Calhoun, and Mr. Webster were
now all united against General Jackson, with
all their friends, and the Bank of the UniM
States. The two former had their private grief>:
Mr. Clay in the results of the election, and .Mr.
Calhoun in the quarrel growing out of the dij-
covery of his conduct in Mr. Monroe's cabinet;
and it would have been difficult so to have con-
ducted their opposition, and attack, as to have
avoided the imputation of a personal motive. |
But they so conducted it as to authorize and
suggest that imputation. Their movements all
took a personal and vindictive, instead of a legis-
lative and remedial, nature. Mr. Taney's reasons
for removing the deposits were declared to U [
" unsatisfactory and insufficient " — being words
of reproach, and no remedy ; nor wa.s the reme- 1
dy of restoration proposed until dritea into it
The resolution, in relation to Gen. Jackson, wu
still more objectionable. The Senate had nothin;
to do with him p:;rsonally, yet a resolve vt-as
proposed against him entii-ely personal, charginj
him with violating the laws and the constitutioD;
and proposing no remedy for this imputed vio I
lation, nor for the act of which it was tVe sub-
ject It was purely and simply a personal cen-
sure — a personal cordemnation that was pro-
posed ; and, to aggravf.e the propo.sition, itcann

ANXO 18:13. ANMU'W JACKS" 'N. nH'-SlDENT.

401

;:, nn<i ilistahtcful t.,
jM)\veraii(l iiillmnr..
lis fricmls '.villi him.
sixty of hia support-
ons, lost their phf*
wcic sportivt'ly call-
srhcn they had a pn-
the tails of foxes in
ideredv-'here so mmx
come from, Mr. Pitt
oxcs had been lately
Iff}, in every borough.
ime, lived to recover
t hia mistake was om
is full, and the Icpfon
to succeeding genen-
lue to attack their ad-
jppose their measures,
fs of their own to rc-
af their own to accora-
1 sagacity of the pcfijijo
motive, and condemn!
lit.

, and Mr. Webster were
General Jackson, with
ic Bank of the Unite<l
irtd their private grief-;
>f the election, and Mr,
;rowing out of the dij-
!ilr. Monroe's cabinet;
iifficult so to have con-
and attack, as to have
of a personal motive.
it as to authorize and I
Their movements all ]
ictive, instead of a Icgis-
re. Mr. Taney's reasons |
its were declared to be
ufBcient "—being words
edy ; nor wa.s the remc-
ied until driten into it
)n to Gen. Jackson, was
The Senate had nothing
ally, yet a resolve was
tiivly personal, chargin;
ws and the constitution;
Jy for this imputed vio-
f which it was the snb-
d simply a personal cen-
imnation that was pro-
! the proposition, it cami

• ir>' nu'-

frum the (iiipj^vstion of the bank dirt
(n„n»l to Congn-.-'s.

Tiie ci)iiit>iiiation was formiilaljli-. Tlie lank
j-jiflf wius a great power, and was iil)K' to carry
Jstress iiito all the bii; 'ncss dipartment.* of the
c mntrv ; the political array against tla- President
was uniiricfdented in jioiiit of niniiber, and gn-nt
ill point of ability. Besides the three eminent
chiefB, there were, in the Senate: Messrs. Bibb
if Kentucky- ; Kzekiel Chamljeis of .Marjl.md;
Clavtcii of Delaware; Ewing of Ohio; Frec-
lin^huycon of New Jersey ; Watkins Lei;;h of
Virginia; Mangumof North Carolina; Poiiule.x-
tir of Missi.s.sippi ; Alexander Porter of Louisi-
ana; William C. Prtston of South Carolina;
Suuthavd of New Jersey; Tyler of Virginia.
In the House of llepresentatives, besides the
lOc-Prcsident, Mr. Adams, and the eminent jurist
from Penn.sylvania, Mr. Horace Binney, there
nas a h^ng catalogue of able speakers ; Messrs.
Archer of Virginia ; Bell of Tennes.see ; Burgess
of Kbodo Island ; Rufus Choate of Massachu-
setts; Corwin of Ohio; Warren R. Davis of
Suuih Carolina ; John Davis of Massachusetts ;
I EJwai J Everett of Massachusetts ; Millard Fill-
nwre of New-York, afterwards President ; Ro-
licrt P. Letcher of Kentucky ; Benjamin Hardin
of Kentucky; McDuffieof South Carolina; Pey-
ton of Tennessee ; Vance of Ohio ; Wilde of
Georgia; Wise of Virginia: in all, above thirty
able speakers, many of whom spoke many times ;
1 besides many others of good ability, but with-
lout extensive national reputations. The busi-
Inessof the combination was divided — distress
land panic the object — and the parts distributed,
land separately cast to produce the effect. The
[bank was to make the distress — a thing easy for
lit to do, from its own moneyed power, and its
ower over other moneyed institutions and
noncy dealers ; also to get up distress meetings
|and memorials, and to lead the public prc^s : the
oliticians were to make the panic, by the alarms
irhich they created for the safety of the laws, of
Ihe constitul! ?.. the public liberty, and the pub-
lic money : and most zealously did each division
bf the combination perform its part, and for the
oDg f-eriod of three full months. The deci-sion
Vol. I.— 26 .

i>f the resolution condemnini; Cn'noral .Jackson,
on which all this machinery of di.strvKs and panio
WHS hiinjr, rctinircil no part of that time. Then'
was the sanic iiiiijiiiity 'u voto it the first day
OS the last ; but the time was wanted to get up
the alarm and the distress ; and the vote, when
taken, was not from any exhaustion of the means
of terrifying and agonizing the cojntry, but for
the purpose of having the .sentence of conilem-
natioii ready for the Virginia elections — ready
for spreading over Virginia at the approach of
the April elections. The end proposed to them-
selves by the combined parties, wa.s, for the bank,
a recharter and the restoration of the deposits ;
for the politicians, an ascent to power upon the
overthrow of Jackson.

. The friends of General Jackson saw the ad-
vantages which were presented to them in the
unhallowed combination between the moneyed
and a political power — in the personal and vin-
dictive character which they gave to the pro-
ceedings — the private griefs of the leading as-
sailants — the unworthy objects to be attained
— and the cruel means to be used for their at-
tainment. These friends were also numerous,
zealous, able, determined ; and animated by the
consciousness that they were on the side of
their country. They were, in the Senate : —
Messrs. Forsyth of Georgia ; Grundy of Ten-
nessee ; Ilill of New Hampshire ; Kane of Illi-
nois ; King of Alabama ; Rives of Virginia ;
Nathaniel Tallma'ge of New York; Hugh L.
White of Tennessee ; Wilkins of Penn.sylvania ;
Silas Wright of New-York ; and thi author of
this Thirty Years' View. In tlie House,
were : — Messrs. Beardsley of New- York ; Cam-
brelcng of New-York ; Clay of Alabama ; Gil-
lett of New- York ; Hubbard of New Hamp-
shire ; McKay of North Carolina ; Polk of
Tennessee; Francis Thomas of Maryland; Van-
derpoel of New-York ; and Wayne of Georgia.

Mr. Clay opened the debate in a prepared
speech, commencing in the style which the rhe-
toricians call ex abruptu — being the style of
opening which the occasion required — that of
rousing and alarming the passions. It will b j
found (its essential parts) in the next chapter.

t;:>

1 ■ '■

t t

402

TlIIK'n' YEARS* VIEW.

■■■£

■M

CIIAPTKIl XCIX.

MFC CLAY'S SPKK'II AOAINST I'HVSIIJKNT JACK-
BON ON TIIK UKMOVAI, or TIIK I)K1'081TS-K.\-
TKACTS.

" Mr. Ct.AV mldrcsficd llic Senate ns follows :
We are, Fai<l 4)0, in the midst of a revolution,
liitlicrto bloodless, but rapidly tending towards
a total clianKC of the pure republican character
of the povemment, and to the concentration of
all power in the hands of one man. The powers
of Conprcss are paralyzed, except when exerted
in conformity with his will, by frequent and an
extraordinary exercise of the executive veto, not
anticipated by the founders of the constitution,
and not practised by any of the predecessors of
the present Chief Magistrate. And, to cramp
them still more, a new expedient is springing
into use, of withholding altogether bills which
have received the sanction of both Houses of
Congress, thereby cutting off all opportunity
of passing them, even if, after their return, the
members .should be unanimous in their favor.
The constitutional participation of the Senate
in the appointing power is virtually abolished,
by the constant use of the power of removal
from office without any known cause, and by
the appointment of the same individual to the
same office, after his rejection by the Senate.
How often have we, senators, felt that the
check cf the Senate, instead of being, as the
constitution intended, a sal '.tary control, was
an idle ceremony ? How often, when acting on
the case of the nominated successor, have we
felt the injustice of the removal ? How often
have we said to each other, well, what can we
do? the office cannot remain vacant without
prejudice to the public interests ; and, if we re-
ject the proposed substitute, we cannot restore
the displace!, and perhaps some more unworthy
man may be nominated.

" The judiciary has not been exempted from
the prevailing rage for innovation. Decisions
of the tribunals, deliberately pronounced, have
been contemptuously disregarded, and the sanc-
tity of numerous treaties openly violated. Our
Indian relations, coeval with the existence of
the government, and recognized and established
by numerous laws and treaties, have been sub-
verted ; the rights of the helpless and unfortu-
nate aborigines trampled in the dust, and they
brought under subjection to unknown laws, in
which they have no voice, promulgated in an
unknown language. The most extensive and
most valuable public domain that ever fell to
the lot of one nation is threatened with a total
sacrifice. The general currency of the country,
(he life-Uood of all its business, is in the most
imminent danger of universal disorder and con-
fusion. The power of internal improvement lies
irushed beneath the veto. The system of pro-

tection of American industrv was Fnatrhed frf,rc
impending destruction nt ilio lattt sostilon ; l,,,,
we are now coolly told bv the .Secretary of tl ,
Treasury, without a liliish, 'that it it und(Tst(i. ,|
to Ije conceded on nil hituiln that • tariff f,,.
protection men-ly is to be finally almndoncj ^
Hy the 'M\ of March, 1837, if the propren.i of in.
novation continue, there will bo scarciiy a vtv.
tige remaining of the government and its lolirv
ns thoy existe<l prior to the 3d of March. \W«\
In a term of years, a little more than equal "t„
th.at which was required to establish our litirr.
ties, the government will have been traii.-fonnid
into an elective monarchy — the worst of ui]
forms of government.

" Such is a melancholy but faithful picture ( f
the present condition of our public affairs, it
is not sketched or exhibited to excite, here ( r
elsewhere, irritated feeling ; I have no such
purpose. I would, on the contrary, implore the
Senate and the people to discard ill passion aiH
prejudice, and to look calmly but resolutciv
upon the actual stale of the constitution anil
the country. Although I bring into the Senate
the same unabated spirit, and the same firm do-
termination, which have ever guided me in the
support of civil liberty, and the defence of our
constitution, I contemplate the prospect l)cfore
us with feelings of deep humiliation and pro-
found mortification.

" It is not among the least unfortunate symp.
toms of the times, that a large proportion of
the good and enlightened men of the Ur.ion, of
all parties, are yielding to sentiments of despon-
dency. There is, unhappily, a feeling of dis-
trust and insecurity perrading the communitv.
Many of our best citizens entertain serious ap-
prehensions that our Union and our institutions
are destined to a speedy overthrow. Sir, I
trust that the hopes and confidence of the coun-
try will revive. There is much occasion for
manly independence and patriotic vigor, but
none for despair. Thank God, we are yet fite; 1
and, if we put on the chains which are foiling
for us, it will be because we deserve to wear
them. We should never despair of the repub-
lic. If our ancestors had been capable of sur-
rendering themselves to such ignoble senti-
ments, our independence and our liberties
would never have been achieved. The winter
of 1776-'77, was one of the gloomiest periods
of our revolution ; but on this day, fifty-seven
years ago, the father of his country achieved «
glorious victory, which diffused joy, and glad-
ness, and animation throughout the States,
Let us cherish the hope that, since he has gone
from among us. Providence, m the dispensation
of hi mercies, has near at hand, in resene for
us, though yet unseen by us, some sure ri I
happy deliverance from all impending dangers, I

" When we assembled here last year, we were

full of dreadful forebodings. On the one hani I

we were menaced with a civil war, which, light- [

ing up in a single State, might spread its flames |

I throughout one of the largest sections of tiKl

ANNO isna. ANDREW JAfKSON, I'la^IKKNT.

4o:)

I'nion. On the other, n rhorii<he<l ^y^tem of
l-ilifv, Pfis^nt'*' ♦'• •''" oiicocxHful prosonition
. f the industry of our roiintrynien, was t-xponHi
ti, imminent diinpcr of dostrurtion. Mi-niin \V'.ro
hnppily ftPF'!'*"' 'O' <-^onprcs« to avert lH)th ca-
iiiiiitics, the country was reconciled. an<l our
I'nion once more Ijccamc a Imnd of friends and
liMthcrs. And I shall he f?reatly disappointed, i
if we do not find those who were denounced as
lieing unfriendly to the continuance of our con-
fiiicnwy, amonp the foremost to fly to its pre-
MTvation, and to resist all executive encroach- 1
inents.

''Mr. President, when Conpfress adjourned at
the termination of the last session, there was \
one remnant of its powers — that over the purse i
—left untouched. The two most important ;
riowers of civil povemment are those of the
hword and purse ; the first, with some restric- I
tioas. is confided by the constitution to the
Executive, and the last to the legislative depart-
ment. If they are separate, and exercised by
different responsible departments, civil liberty
is eaifc ; but if they are united in the hands of
ttic same individual, it is gone. That clear-
eifrhted and revolutionary orator and patriot,
Patrick Henry, justly said, in the Virginia con-
vention, in reply to one of his opponents, ' Let
him candidly tell me where and when did free-
dom exist, when the sword and purse were
piven up from the people ? Unless a miracle
in human affairs interposed, no nation ever rc-
t.iined its liberty after the loss of the sword
and the purse. Can you prove, by any argu-
mentative deduction, that it is possible to bo
safe without one of them ? If you give them
up, you are gone.'

•'Up to the period of the termination of the
last session of Congress, the exclusive consti-
tutional power of Congress nver the treasury
of the United States had never been contested.
Among its earliest acts was one to establish
the treasury department, which provided for
the appointment of a treasurer, who was re-
quired to give bond and security, in a very
large amount, ' to receive and keep the moneys
uf the United States, and disburse the same
upon warrants drawn by the Secretary of the
Treasury, countersigned by the Comptroller,
j recorded by the Register, and not otherwise.'
Prior to the establishment of the present Bank
I of the United Stater, no treasury or place had
been provided or designated by law for the safe
keeping of the public moneys, but the treasurer
was left to his own discretion and responsibili-
ty. When the existing bank was established,
it was provided that the public moneys should
[be 4iposited with it, and, consequently, that
I bank became the treasury of the Uuited States ;
[fur, whatever place is designated by law for the
I keeping of the public money of the United
I States, under the care of the treasurer of the
[United States, is, for the time being, the treii-
Isuiy. Its safety was drawn in question by tie
IChief Magistrate, and an agent was appointed

a littl.? more than a year apo to invo»tipnto il-<
ability. He ri'iiortcd to the KxiTtitiM- tlinl it
wai* iH'rAwtiy mfi'. His nppn'iifnsinn'" <f iM
piilidit)- were rniiiniunirattMl l>y the I'ri'siilriit
to C<.nprcr<f», end a ciiinmittee wan appointed to
examine the nilijert ; tliey, also, rejiorted in fa-
vor of its weiirity. And, finally, ninonp tlii»
last acts of the House of Kejiresenlatives, jirii r
to the clone of the last sexnion, was the ndo| -
tion of a resolution, nianitestinp its entire oor.-
fidenre in the ability and Rclidity of the l-niik.

"After all these testimonies to the fHTiect
safety of the public moneyH in the place n|i-
pointed by Conpress. who could have sujiposcd
that the place would have been clianped ?
Who coulil hiive imagined that, within nixty
days of the pectinp of Congress, and, as it
were, in utter contempt of its autluirity. the
chiiiigo should have been ordered ? Who
would have dreamed that the treasurer should
have thrown away the single key to the trea-
sury, over which Congress lield amjjle control,
and accepted, in lieu of it, some dozens of keys,
over which neither Congress nor he has any
adequbte control ? Yet, sir, all this has l»een
done ; and it is now our solenm duty to inquire,
Ist. By whose authority it has l)een ordered ;
and, 2d. Whether the order has been given in
conformity with the constitution anil laws of
the United States.

" I agree, sir, and I am very happy whenever
I can agree with the President, as to the im-
mense importance of these questions. He saye ,
in the paper which I hold \n my hand, that he
looks upon the pending question as involvint;
higher considerations than the 'mere transfer
of a sum of money from one bank to another.
Its decision may aflect the character of our
government for ages to come.' And, with him,
I view it as ' of transcendent importance, both
in the principles and the consequences it in-
volves.' It is a question of all time, for pos-
terity as well as for us — of constitutional gov-
ernment or monarchy — of lil)ertv or slavery.
As I regard it, I hold the bank as nothing, a.s
perfectly insignificant, faithfi'.I as it has been in
the performance of all lis duties. I hold a
sound currency as nothing, essential as it i.s to
the prosperity of every branch of business, and
to all conditions of society, and efficient as the
agency of the bank has been in providing the
country with a currency as sound as ever exist-
ed, and unsurpassed by any in Christendom. I
consider even the public faith, sacred and invio-
lable as it ever should be, as comparatively
nothing. AH these questions are merged in
the greater and mightier question of the consti-
tutional distribution of the powers of the gov-
ernment, as aftected by the recent executive in-
novation. The real inquiry is, shall, all the
barriers which have been erected by the cau-
tion and wisdom of our ancestors, for i.^e pres-
ervation of civil liberty, be prostrated and tiod-
den under foot, and the sword and the purse lie
at once united in the hands of one man ? Shall

404

THIUTY YKAItH' VIEW.

i \Wv4

the powrr of Con;rreBH over tlio trcnmiry of the '
I'liitiMl Sintc'H, liithcrto never contested, l)e \
wrt'sfi'il froiii itH posseHKion. niiil \w liencefor- i
wanl wielded by the Chief Miiffistrnfe? En- |
teitainint; these views of the nm>;nitiuie of the
^iierttinn liefore nn, I slitill not, at U-iist to-day,
( .\iuiiiiie the reiif^ons wliich the President Ims
(i-r-iftiied for his act. If he Ims no power to
jierforni it. no reasons, however cofrent, can
justify tlie deed. None cuu Bunctify un illegal
or unconstitutional act.

"The question is, hy virtue of whoso will,
p'>wer, dictation, was the removal of the de-
jjosits ellected ? By whoso authority and de-
termination were they transferred from the
ISank of tho United States, where they were
reiiuircd l»y tho law to bo placed, and put in
banks whicii the law had never designated ?
And I tell gentlemen opposed to me, that I am
not to Ije answered by the exhibition of a
formal order hearing the signature of R. B.
Taney, or any one else. I want to know, not
the amanuensis or clerk who prepared or sign-
ed the ofllcial form, but tho authority or the
individual who dictated or commanded it ; not
tlie hangman who executes the culprit, but the
tribunal which pronounced tho sentence. I
want to know that power in the government,
that original and controlling authority, which
required and commanded the removal of the
deposits. And, I rc;>eat the question, is there
a senator, or intelligent man in the whole coun-
try, who entertains a solitary doubt ?

'■Ile.ir what the President himself says in
his manifesto read to his cabinet : ' The Presi-
dent deems it his duty to communicate in this
manner to his cabinet the final conclusions of
his own mind, and the reasons on which they
are founded.' And, at the conclusion of this pa-
per, what does he say ? ' The President again
repeats that he begs his cabinet to consider the
proposed measure as his own, in the support of
which he shall require no one of them to make
a sacritice of opinion or principle. Its respon-
sibility has been assumed, after the most ma-
ture deliberation and reflection, as necessary to
preserve the morals of the people, the freedom
of the press, and the purity of the elective fran-
chise, without which all will unite in saying
that the blood and treasure expended by our
forefatliers, in the establishment of our happy
system of government, will have been vain and
fruitless. Under these convictions, he feels
that a measure so important to the American
people cannot be commenced too soon ; and he
therefore names the 1st day of October next &6
a period proper for the changt of the deposits,
or sooner, provided the necessary arrangements
with the State banks can be made.' Sir, is
there a senator here who will now tell me that
the removal was not the measure and the act
of the President ?

"Thus is it evident that the President, neither
by the act creating the treasury department,
oor by the bank charter, has any power ove."

the public treasury. Has he anv l)y the ct^.
Ktitution 7 None, none. We liavc alreadv
Been that tho constitution positively forl]i(ij
any money from In-ing drawn from tho treami.
r^ but in virtue of a previous art of appropria.
tion. Hut tho President himsi'lf says that
' ujwn him has been devolved, by the consfitu.
tion, and the suflrapcs of the American ]>vm\(
the duty of superintending the operation of thi
executive departments of the government, anii
seeing that tho laws arc faithfully execiltwj.
If there existed any such double source of eji'.
cutive power, it has been seen that the treasury
department is not an executive department ; liit
that, in all that concerns the public tren.'iun'
the Secretary is the agent or representative of
Congress, acting in obedience to their will, ni),i
maintaining a direct intercourse with them. By
what authority docs the President derive povii
from the mere result of an election ? In another
part of this same cabinet paper ho refers to the
suflragcs of the people us a source cf |)owtr
independent of a system in which power hii
been most carefully separated, and distributed
between three separate and independent de-
partments. We have been told a thousand
times, and all experience assures us, that such
a division is indispensable to the existence and
preservation of freedom. We have establislic-1
and designated offices, and appointed ofBccrs in
each of those departments, to execute the diiliw
respectively allotted to them. The President,
it is true, presides over the whole ; specific du-
ties are often assigned by particular laws to
bim alone, or to other ofificers under his supfr-
intendence. His parental eye is presumed to
survey tho whole extent of the system in all
its movements ; but has ho power to come into
Congress, and to say such laws only shall joa
pass ; to go into the courts, and prescribe the
decisions which they may pronounce; or even
to enter the offices of administration, and, where
duties are specifically confided to those oSccre,
to substitute his will to their duty ? Or, hus I
he a right, when those functionaries, deliberat-
ing upon their own solemn obligations to tlie I
people, have moved forward in their assigned
spheres, to arrest theii la^vful progress, beause |
they have dared to act contrary to his pleasure!
No, sir ; noj sir. His is a high and glorioii |
station, but it is one of observation and super-
intendence. It is to see that obstructions a
the forward movement of government, unlaw-
fully interposed, shall be abated by legitimate
,and competent means.

" Such are the powers on which the President
relies to justify his seizure of the trea.surycf
the United States. I have examined them, one
by one, and they all fail, utterly fail, to bear out
the act. We are brought irresistibly to the
conclusions, Ist, That the invasion of the public
treasury has been perpetrated by the remonl
of one Secretary of the Treasury, who would
not violate his conscientious obligations, imdbj
the appointment of another, who stood read;

ANNO 1S3S. ANItREW JACKSON, I'KF-SH'KNT

4'V.

•s on which the Presidenl
lizuro of tho treasury c(
lave examined them, cm I
il, utterly fail, to bear out
lught irresistibly to the
the invasion of the publit
■petrated by the remonl I
he Treasury, who wonM
itious obligations, and bj I
nother, who stood Kiidj|

10 lubgCTil* his nanus to the ord«T» of the Vnn- '
iilitit; and, 2'lly, 'I'hnt tin- I'ro-idtiit hnc no
f„|„r of authority in tlio CdiiHtitiitioti or lawn
f r ll"' «^' wliich he luw thus cauwd to in- ixr-

-And now let us plaiire at some of tlic tro-
tncmlui"' ConMMjufiict'S wliicli iiiav vusnc fr<iiii
tliis hiuh-haiule<l measure. If the I'n-RidiT'
inav in * case in which the law has as8i(rni"l a
(.picllic duty exclusively to a designated ollicvr,
(ommaml it to be executed, contniry to his own
iudpniont, under tho jK'nalty of an expulsion
from olUce, and, upon his refusal, may appoint
j„nie obsetiuious tool to perform the required
act where is tho limit to his authority? Has
he not the same right to interfere in every other
lajc and remove from office all that he can re-
move who hesitate or refuse to do his bidding
contrary to their own solemn convictions of
tliiir duty ? There is no resisting this inevit-
alilo conclusion. Well, then, how stands tho
matter of the public treasury ? It has been seen
that the issue of warrants upon the treasury is
L'liardcd by four independent and hitherto res-
iioneiblo checks, each controlling every other,
Rndall bound by the law, but all holding their
offices, according to tho existing practice of the
pjvemraent, at the pleasure of the President.
Tho Secretary signs, tho Comptroller counter-
signs, the Kegister reco-. ds, and the Treasurer
pays the warrant. We have seen that the
Prcfiident has gone to the first and highest link
in tho chain, and coerced a conformity to his
will. What is to prevent, whenever he desires
to draw money from the public treasury, his
applying the same penalty of expulsion, under
which Mr. Duane sutfcred, to every link of the
chain, from the Secretary of the Treasury down,
and thus to obtain whatever he demands?
What is to prevent a more compendious accom-
plishment of his object, by the agency of transfer
drafts, dra^vn on the sole authority of the Sec-
retary, and placing the money ut once whj-iever,
or in whatsoever hands, the President pleases ?

" What security have the people against the
lawless conduct of any President? Where is
the boundary to the tremendous power which
I he has assumed ? Sir, every barrier around the
public treasury is broken down and annihilated.
From the moment that the President pronounced
the words, 'This measure is my own ; I take
upon myself the responsibility of it,' every safe-
guard around the treasury was prostrated, and
I henoeforward it might as well be at the Hermit-
[age. The measure adopted by the President is
I without precedent. I beg pardon — there is one ;
[hut we must go down for it to the commence-
Iment of the Christian era. It will be recollected
iby those who are conversant with Roman his-
Itory, that, after Pompey was compelled to retire
[to Brundusium, Csesar, who had been anxious
|to give him battle, returned to Rome, ' having

iuced Italy,' says the venerable biographer,

in sixty days — ("the exact period between the

[lay of the removal of the deposits and that of

tho romnirn'^mrnt of tin* prr««>nt scMion ol
('ongri-Ks, without the u«ui»l allowuncc of nnv
tlavH of grnrcj — in r^ixfy ilnys, ^vithout blcKni-
hIiimI.' 'Ihf liiopra|ilii'r pi>i<'i ctl.s :

" ' Kind! ig tlir rity in uinoiv sfttli'd londiiion
than lie t'Xprctfd, and iniiny Hcnatorft thiTc lu
iddrc'^'Ml tlicin in ii mild and ^'niclouK nmnn 'r
,.is tho Prt'sidftit nddrrsMMl his Into Scrivtai'v '•(
the Trrnsury), and dcsirt'd them to (icinl dti'U-
ties to l'oni|ti'y with an oHVt i.f lionoraliii' tt rn>s
of |)eati',' &c. As Mftflhis, the trihunc, oiipi.-i il
his taking money out of the public tn'a.-.\iry. and
cited some laws against it — (such, Sir, I suppose,
as I have endeavored to cito on this occasion) —
Cwsar said 'Arms and laws do not llourisii t<'-
getluT. If you are not pleased at what I am
about, you iiave otdy to withdraw. Ilioavi- tlio
oflice, Mr. Duane!] War, indeed, will not tole-
rate much liberty of speech. When I ►'ay thi-;,
I am renouncing my own right ; for you. and
all those whom 1 have found exciting a spirit of
faction against me, are at my disposal.' Ilaving
said this, he approached the doors of the treri-
siny, and, as the keys were not produced, he
sent for workmen to break them open. .Metellus
again opposed him, and gained credit with some
for his firmness ; but Ciesar, with an elevated
voice, threatened to put him to death if he gave
him any further trouble. ' And you know very
well, young man,' said he, ' that this is harder for
mo to say than to do.' Metellus, tenilied by
tho menace, retired ; an<l Cicsar was afterwards
easily and readily supplied with every thing
necessary for that war.

" Mr. President (said Mr. C.) the peojilc of
the United Suites are indebted to the I'residcr.t
for the boldness of this moven ent ; and as one.
among the humblest of them. I profess my ob-
ligations to him. He has told the Senate, in hi^
message refusing an oflicial copy of his cabinet
paper, that it has been published for the infoi*-
mation of the people. As a part of the jK-ople. tho
Senate, if not iu their oflipiul character, have a
right to its use. In that extr>aordinary paper
he has proclaimed that the measure is his own
and thai he has taken upon himself the respon-
sibility of it. In plain English, he has proclaimed
an open, palpable and daring usurpation !

" For more than fifteen years, Mr. I'a-sidcnt,
I have been struggling to avoid the present state
of things. I thought I perceived, in some pro-
ceedings, during the conduct of the Seminole
war, a spirit of defiance to the constitution and
to all law. With what sincerity and truth—
with vhat earnestness and devotion to civil
liberty, I have struggled, the Searcher of all hu-
man hearts best knows. With what fortune,
the bleeding constitution of my country now
fatally attests,

" I have, nevertheless, iwrscveretl ; and, unaer
every discouragement, during the short time
that I expect to remain in the public councils,
I will persevere. And if a bountiful Providence
would allow an unworthy sinner to approach
the throne of grace, I would beseech 11 im, us

■"I- .

■M ''

406

1IIIKTY YKAllS- Vli;W.

|l*k>?i.-f!

fin- (rnnti'Ht fuvor IFc roiiM (rrant in vw liore
Ih |ri\v, to Hparo nil* until I livi' to ln'holil tho
p'oplc, ri-inc ill their iimJcMly, with ti |Kiici'ful
aii'l c'oii:>iiiiili<iiial I'XiTcisc dj' llii'ir |po\vfr, to
rxpi'l (he tioihn from Uotiic ; to itkcuc the
]i.il)Iic treasury from |iilln|re, to pre»ervo the
I oiistitiilion of tht! I'nited States ; to uphold the
I'liion apiiiist the dantrer of the oouccntnition
and conHoiidatioii of all jiower in the handw of
I lie Kxceiitivo ; and to Bustain ihe lilierties <,f
tlie |ieop!c' of this eoniitry apiinst the imminent
|»criln to which they now stuml exjioHe*].

"And now, Mr. J'resident, what, umlcr nil
these circnmslnncen, is it our duty to do? Is
there a senator who ran hesitate to nftirm, in
the InnpnaRe of the resolutions, tliat the Pres-
ident has assumed a danperoiis jiowcr over the
treasury of the I'nited States, not granted to
him hy the constitution and the laws; and that
the reasons nssifrned for tho act hy the Secre-
tary of the Treasury arc insuHicient and unsa-
tisfactory ?

" The eyes and tho hopes of tho American
]icoplo are anxiously turned to Confjress. They
feel that they have been deceived and insulted ;
their coiiHdence abused; their interests betray-
ed ; and their liberties in danjrer. They sec a
rapid and alnriuinf; concentration of all power
in one man's haniis. They see that, by tho ex-
ercise of the positive authority of tlie Executive,
nud his nefintive power exerted over Congress,
the will of one man nloiie prevails, and governs
the republic. The question is no longer what
laws will Con{:ress pass, but what will the Ex-
ecutive not ve o ? The President, and not
(><in}:res«, is addressed for legislative action.
We have seen a corporation, charged with the
execution of a great national work, dismiss an
experienced, faithful, and zealous president, af-
terwards testify to his ability by a voluntary
resolution, and reward his extraordinary services
by a large gratuity, and appoint in his place an
executive favorite, totally inexperienced and in-
competent, to propitiate the President. We
behold the usual incidentfi of approaching tyran-
ny. The land is tilled with spies and informers,
and detraction and denunciation are the orders
of the day. People, especially official incumbents
ill this place, no longer dare speak in the fearless
tones of manly freemen, but in the cautious
whispers of trembling slaves. The premonitory
symptoms of despotism are upon us ; and if
Congress do not apply an instantaneous and
effective remedy, the fatal collapse will soon
como on, and we shall die — ignobly die — base,
mean, and abject slaves ; the scorn and con-
tempt of mankind ; unpitied, unwept, uamourn-
id!»

(11 APT K II C.

MK. IIKNTO.NS SI>KK( II IN I:KPI.Y TO Ml;. ( UT>
KXTltACrS.

Mn. Ci.AV had f-poken on three sticccHsivc daj*,
being the la-it days of the year IHX',. Mr. iJeri-
ton followed him, — and cceing the advantaCT
which w.^H presented in the character of the
resolve, and that of tho sjH'ech in support of it all
bearingthe impress of acriminal proceeding, with-
out other result than to procure a sentence of cnn-
demnation against the President for violatin;; the
laws and tho constitution, endangering tho pul).
lie liberty and establishing a tyranny, — he took
up tho proceeding in that sense ; and iinmtfl;-
ately turned all the charges against the resolu-
tion itself and its mover, as a usurpation of the
rights of tho House of Kepresentative.s in
originating an impeachment, ond a violation of
law and constitution in trying it ea: parte; and
said:

" The first of these resolutions contained im.
peachablo matter, and was in fact, thouph not
in form, a direct impeachment of the President
of tho United States. lie recited the constitu-
tional provision, that the President might !«
impeached — 1st, for treason ; 2d, for briber)-;
3d, for high crimes ; 4th, for misdemeanors ;
and said that tho first resolution charged both
a high crime and a misdemeanor upon the Prcsi
dent ; a high crime, in violating the laws and
constitution, to obtain a power over the public
treasure, to the danger of the liberties of the
people ; and a miBdemeanor, in dismissing the
late Secretary of the Treasury from office. Mr.
B. said that the terms of the resolution vm
sufficiently explicit to define a high crime, with-
in the meaning of the constitution, without hav-
ing recourse to the arguments and declarations
usefl by the mover in illustratioh of his mean-
ing ; but, if any doubt remained on that licail.
it would be removed by the whole tenor of the
argument, and especially that part of it which
compared the President's conduct to that of
C8esar, in seizing the public treasure, to aid him
in putting an end to the liberties of his countrv;
a,nd every senator, in voting upon it, would vote
as directly upon the guilt or innocence of the
President, as if he was responding to the ques-
tion of guilty or not guilty, in the concluding
sentence of a formal impeachment.

"We are, then, said Mr. B., trying an im-
peachment ! But how ? The constitution gives
to the House of Representatives the sole power
to originate impeachments ; yet we originate i
this impeachment ourselves. The constitution
gives the accused a right to be present ; but he

ANNO \SU. ANIHa.W JA(KH«)X, rUF-SIDnM

407

sense ; and immtfli-

Mr. B., trying an ir

i«n«t hvn'. It n-ipiins Ow Stnato ti> Ix- »WMrii
J. piilpi*; * 'It ^vi- lire noi Ml hwiini. It n-
. ;)ii- tli«' t'liiff .Ju»ti<i' f>f tlie I'liitrfl Stativ"* to
• n'^iil*; when tlie I'nciiit'iit in trit<l ; Imt tl.f
I hill' .I'l-iift' if* ii'>t |iri'i^i<iiiitr- It ^ivcn tlu-
ll.iii'f ' . i^ prvst'iitntives B rinlit tn Im- |)rc>int,
^,iil til iiiivimKL' tJie proht'cutioii ; l)Ut iifktiuT tlu'
lIiiiiM' iinr its inmmu'tT-i art- litn-. It n'(|iiiri'H
il,e fiirnis of criminul justi<-e to Uj ntri<tiy i>l>-
mtvi'iI ; yi'' a" tiiLHu I'oiiim art' iK'nU'Ctcd iiml
Moliitfil. It '\* a iiron'oiliiif; in whicli llic First
M:i^'i<ti:ili'"''tl»i-' ri'piililic is to Ik- tried witlioiit ,
iKin.' Iii'unl. and in wliich iiis accusers aru to
acta.-! lii^j»dm!B! ]

"Mr. II. cttlit'd upon the Senate to cnnsiiUr
w.ll what they did before tiiey |)rocee<U'd fur-
ther in tiio C()n«ideration of this resohition. He
nlli'l iip'n them to consider wliat was (hie to
the llou^o of Jlepresentatives, whose privih-fie
MILS iiiviidud, and who hud a ri(;ht to send a
ini'?sa};e to the Senate, eoinpluiniif; of tlie pro-
(iiiiingf, and demanding its abandonment. Jle
rnnjured tliem to consider what was due to the
rre.Mdint, who was thus to bo tried in his ab-
•iiia- for a most enonnouH crime ; what was
iluu to the Senate itself, in thus combining the
iiicimipiitiblo characters of accusers and Judges,
aiirl which woukl itself bo judged by Europe
unit America. lie dwelt particularly on the
ti;;iire which the Senate would make in going
uu with the consideration of this resolution. 1 1
accused the Preside? t of violating the con.«titu-
tion; and itself comn).tted twenty violations of
the same constitution in making the accusa-
tion! It accused him of violating a single law,
iirnl itself violated all the laws of criminal Jus-
tice in prosecuting him for it. It charged him
with desipns dangerous to the liberties of the
citizens, and immediately trampled upon the
li^rlits of all citizens, in the person of their
Chief Magisti'ate.

"Mr. B. descanted upon the extraordinary
organization of the Senate, and drew an argu-
ment from it in favor of the leserve and deco-
rum of their proceedings. The Senate were
lawgivers, and ought to respect the laws already
made ; they were the constitutional advisers of
the President, and should observe, as nearly as
pussihle, the civil relations which the office of
!ulvi:>er presumes ; they might be his judges, and
I should be the last in the world to stir up an ac-
cusation against him, to prejudge his guilt, or to
attack his character with defamatory language.
I Decorum, the becoming ornament of every func-
! ;ionary, should bo the distinguishing trait of an
American senator, who combines, in his own
I office, the united dignities of the executive, the
I le;:islative, and the judicial cliaracter. In his
[judicial capacity especially, he should sacrifice
I to decorum and propriety ; and shun, as he
[would the contagious touch of sin and pesti-
llence, the slightest approach to the character of
jprosecutor. He referred to British parliamen-
Itary law to show that the Lords could not join
jji an accusation, because they were to try it ;

but her»' the Siimtr wan nn\i' homimT, niiil liftd
nothing from thi- llou.ie of Kepn-Mtitntive't (o
Join ; but ntade thr m'lii-atiou out and out. and
tried it tlieni-flve.'*. lie faid tlie ai'cusatinn
was a doidile one — I'oi' a liiKh crime and a ini»-
deuieaiior — and the latter ii more lla^'nuit pri»-
reeiling than the former; for if a-ftumed to
know for what cau^e the I're'ident liiid dii»-
inissed his late Secntary, and undertook to try
the l'i-i"-ident for u thing wiiieh was not triable
or impeachable.

''From the foiindatjon of the gr)vi'rninent, it
had been settled that the I're.sideiit's ri|.'lit tc
dismi.ss liis secretaries resulted from his eonnli-
.tutional obligation to s«'e that the laws were
faithfully executed. Many Presidents had di.s-
mis.sed cecretaries, and tliis was the first time
that the Senate bad ever undertaken to found
an ini]H'achment upon it, or had assumed to
know the k.asons for which it was done.

"ilr. H. said that two other imiK'achmenf.s
seemed to be going on. at the same time, against
two other otlicers, the Secretary of the Treasury
anil the Treasurer ; so that the Senate was brim-
fid of criminal business. The Treasiu'er and
the Secretaiy of the Treasury were both civil
officers, and were both liable to inipeacliment
for misdemeanors hi ollice ; and great misdemea-
nors were charged upon them. They were, in
fict, upon trial, without the formality of a reso-
lution ; and, if hereafter impeached by the House
of Representatives, the Senate, if they believe<l
what they heard, would be ready to pronounce
judgment and remove them from ollice. wit.hout
delay or further examination.

"Mr. B. then addressed himself to theVicO'
President (Mr. Van Burcn), upon the novelty
of the scene which was going on before him, and
the great change which had taken place since
he had served in the Semite. He commended
the peculiar delicacy and deconim of the Vice-
President himself, who, in six years' service, in
high party times, and in a decided opposition,
never uttered a woi'd, either in open or secret
session, which could have wounded the feelings
of a political adversary', if he had been pnisent
and heard it. He extolled the decorum of the
opposition to President Adams' administration.
If there was one brilliant exception, the error was
redeemed by classic wit, and the heroic readiness
with which a noble heart bared its bosom to the
bullets of those who felt aggrieved. Still ad-
dressing himself to the Vice-President. Mr. B.
said that if he should receive some hits in the
place where he sut, without the right to reply,
he must find con.solation in the case of his most
illustrioqs predecessor, the great apostle of Ame-
rican liberty (Mr. Jelli'rson), who often told his
friends of the manner in w^hich he had been cut
at when presiding over the Senate, and person-
ally annoyed by the inferior — no, young and
inconsiderate — members of the federal party.

" Mr. B. returned to the point in debate. The
President, he repeated, was on trial for a high
crime, iu seizing the public treasure in violation

■i

''* ,'•

P^:

J •■

408

TlimiT VEAIW* VIEW.

of Mil' law* nn<l tin" rorK^titiitioti. Wn» tlir
^hllr^'<• tnn'7 Dim* tlio art wliicli he lias ilonc
(icxri'vc the 'It'Dliitioll wliirli Imw ln-cii piif iipim
it? Ili> lind tiiiulc lip lilt own niiinl tlmt the
fiilldic (li>|HihitN oiiKlit fii Ir' iciiinvcil fripiii the
Itrtiik (if tlu' I'liili'il StutcH. l\v (■iiintniiiiiciitcil
timf iipiiiidii to till' Sorrctiiry nf tlic 'rrra-.iiry ;
till' Scfictnry nfiiscd to iciiidvc tli<iii ; tli<' I'li-
difitiit itiii'iVfd liiin, niul n|i|«iiMtt'il n Scciitiiiy
who pivi' tht> onlcr which he tlion^rht thi- ocra-
sion n'i|iiir('(l. All tliin ho ihd in virtue of liin
roTiHtitiitioiml (il)ji(rntion to s<o the lawn fiiith-
f'lliy fx» rnti'd ; nnd in olifdituxf to the Hanip
Hi-nHc of duty which would lead him to dihiniss
ft Swntary of War, or of tho Navy, who would
rcfuHc to (rive an order for troops to march, or a
lU'ft to wiii. True, it ih made the duty of the
Secretary of tho Treasury to direct the removal
of the deponits ; hut the constitution make.-t it
the duty of the President to see that tho Secre-
tary jarforms his <luty ; nnd the constitution is
as much ahuve law as the I'ri'Hidont is ahoTu the
Secretary.

" The President is on trial for a misdemeanor
— for dismissing his Secretary without sufHcient
cause. To this accusation there are ready an-
swers : first, that the President may dismiss his
Secretaries without cause; secondly, that the
Senate has no cognizance of the case ; thirdly,
that the Senate cannot assume to know for
what cause the Secretary in question was dis-
missed.

" Tho Secretary of tho Treasiuy is on trial.
In order to pet at the President, it was found ne-
cessary to Ret at a gentleman who had no voice
on this floor. It had been found necessary to
assail the Secretary of the Treasury in a man-
ner heretofore unexampled in the history of the
Senate. His relin;ion, his politics, his veracity,
his understiindinjr, his Missouri restriction vote,
had all been arraigned. Mr. B. said ho would
leave his religion to tho constitution of tho
United States, Catholic as ho was, and althoiiph
' the Presbyterian might cut off his head the
fust time ho went to mass;' for he could see
no other point to the anecdote of Cromwell and
the capitulating Catholics, to whom ho gnmted
tho free exercise of their religion, only he w ould
cut off their heads if they went to mass. II is
understanding he would leave to liimself. Tho
head which could throw the paper which was
taken for a stone on this floor, but whicli was,
in fact, a double-headed chain-shot fired from ^
forty-eight pounder, carrying sails, masts, rig-
ging, all before it, was a head that could take
care of itself. His veracity would bo adjourned
to the trial which was to take place for mis-
quoting a letter of Secretary Crawford, and he
liad no doubt would end as tho charge did for
Buppressing a letter which was printed in cj.'-
tensu among our documents, and withholding
the name and compensation of an agent ; when
that name and the fact of no compensation was
lying on the table. The Secretary of the Trea-
lury was arraigned for some incidental vote on

the .Mi«souri restriction, when ho was a ni«riil»r
'if the Marylitiid Ic^'ixlnlurf. .Mr. It. did i, |
know what (Imt ^oto wax ; but he did ktinw |||.,;
a ciTtaiii gctitlcmaii, who lately hlfHxl jn tli(> r,
latinn of MiTi'iiiiit to another pentleinnti. m ,
certain hi;;lu'l<c|ioii, wiw the IciMlerot thef.,|„,
which (lefiirced .MinHoiiri of her place in tl,
I'liion for till.' entire ccH.^ion which he (ir«t a;.
leiidcfl (not siTved) in the t'oiigreis rf (|,,
I'liited Siuto. Jli'* |Kilitii"s could not be in-vdv.
ly tried in the time of the alien oikI ^el!ili,,„
law, when he wva* scane of age ; but were «i ;|
tried during the late war, when ho sided «it|,
his country, nnd received the constant >!eiiiiii(ii;.
tioiis (if that givat organ of federalism. Ilie Kcl,.
ral Hepublican newspaper. For the rent, Mr.
If. admitted that the Secretary had voted t.,r
the elder Adams to be President of the I nitui
States, but denied the right of certain iKtMin.
to make that an objirtion to him. Mr. 11. ilj,.
missed these personal charges, for tin pnsint.
and would ailiourn their consideration until \m
(.Mr. Tanev's) trial came on, for which the hii-
ator from kentucky (.Mr. Clay), stood plcdyid;
and after the trial was over, he had no iJduKt
but that the Secretary of the Treasury, altlioiuli
a Catholic and a fodenilist, would be found i,
maintain his station in tho first ik of Ainc'ii-
can gentlemen and American patriots.

" Mr. B. took up tho serious charges again-;
the Secretary : that of lieing the mere iibtiti-
ment of the President in removing the de|iii»i|;.
and violating the constitution and laws of thi;
land. How far ho w.is this mere histruimnt.
making up his mind, in three days, to do what
others would not do at all, might be judged liy
every person who would refer to the ojiixtsltion
papers for the divi.sion in tho cabinet about the
removal of the deposits ; and which constantly
classed Mr. Taney, then the Attorney General,
on tho side of removal. This classification was
correct, and notorious, and ought to exempt an
honorable man, if any thing could exemjjt him,
from tho imputation of being a mere instrument
in a great transaction of which he was a prime
counsellor. The fact is, he had long since, in Im
character of legal adviser to the President, ad-
vised the rcmovol of these deposits ; and when
suddenly and unexpectedly called upon to take
the ofTice which would raaKO it his duty to act
upon his own advice, he accepted it from the
single sense of honor and duty; and that he
might not seem to desert the President in flinch-
ing from tho performance of what he had ri-
commendcd. His personal honor was clean ; liii
personal conduct magnanimous ; his official dctds
would abide the test of law and truth.

" Mr. B. said he would make short work of
long accusations, and demolish, in three luinutes,
what had been concocting for three months, and
delivering for three days in tho Senate, lie
would call the attention of the Senate to certain
clauses of law, and certain treasury instructioni
which had been left out of view, but whirb
were decisive of tho accusation against the Sv

ANNO 1M4. ANDREW JACKSOX, PRRSIDFNT.

409

fffi^r: TJiP flmt wiw thr rlaimc in the linnk
.hkfuV wliirti iii'.»'Kt<<l tin- Si'cn-tary with tlio
p.iwir «'' trniisffrrinjt tli" |nitilir fuml* fnun j)li\r««
I,. ilw^'. It wiiM tin* I'ltli wrti'iit of till" etiar- '
ler: lio would n-iul il. It ctiiict<'<l tlinl wlicii- '
,,,iTi''|iiirvil liy tlic St'cn'tury of tin- 'I'rfaMiry, I
liir lift'iK choiild (»ivc tli<' tn'rt'srtnry farilitirii fur
ir.in'ft'rriM>r tin* puhlic funds fn)!n pliirc to plac*-, ^
wiiliiii tilt' I'niU'd Matvs, or trrritoriie tlwri'of ;
,)ivl l'«r iliKtribiitiiiK thu naiiiu in payment of thu '
|,iil,lir mditiirH, Ac. |

•llcr*' is authority to the Secretary to trans-
fer llif piihlic nioncvH from plaoi- to place, liinit-
,,lonlv hy the iMiiindH of the L'nifeil States and
iH tcrrit'iiieH} and thin clause of three lines «if
Uvt-piitH to fli^dit all the nonsense about the
rniU'<l States Hank In-in^ the treaMiry, ond the
TrfaMinr heinjj the keein-r of the puhlic moneys,
with which some |M)iitieiaiiH ami newspaper wri-
t> r* liiivf hten worrying' their brains for the last
tine m"iith?<. In virtue of this clause, the Sc-
lutary <'f the Treasury pave certain transfer
liraftrt to the amount of two millions and a quar-
ter ; mill his lepal ripht to pivo the draft was
{iiiit as clear, under this clause of the bank char-
ii r, as his ripht to remove the deposits was un-
ikr another clause of it. The transfer is made
liv draft ; a payment out of the treasury is made
ujion a wiirnint j an<l the dill'ercnce between a
t™i''fiT draft and a treasury warrant was a thing
infissary to bo known by every man who aspired
to the oilloe of illuminating a nation, or of con-
ilintitiR a criminal prosecution, or even of under-
namliii;; what ho is talking about. They have
110 relation to each other. The warrant takes
the money out of the treasury : the draft trans-
furs it from point to point, for the purpose of
inaivinf; payment : and all this attack upon the
Si'cretary of the Treasury is simply upon thp
Liundcr of mistaking the draft for tlf " arrant.
"The senator from Kentucky calls uiwn the
[xopii' to rise, and drive the (infhs froi i the
capiiol. Who are those Goths ? 'i ney are
(ieneral Jackson and the deimwratic party, —
llif just elected President over the lA'nator him-
Mi'. and the party just been made the majority
jin the House — all by the vote of the people. It
15 their act that has put these Goths in posses-
ion of the capitol to the discomfiture of the
nator and his friends ; and he ought, to be
uite sure that ho folt no resentment at an event
io disastrous to his hopes, when he has indulged
imself with so much license in vituperating
hose whom the country has put over him.

The senator from Kentucky says the eyes
ml the hopes of the country are now turned
ptn Congress. Yes, Congress is his word,
lud I hold him to it. And what do they see i
hey see ono House of Congress — the one to
liich the constitution gives the care of the
lursc, and the origination of impeachments, and
hich is fresh from the popular elections : they
e that body with a majority of above fifty in
vor of the President and the Secretary of the
rea&ury, and approving the act which the Bca-

ator ron«l<'!nns. They wo that |»opular aiprv
batjiiii in liHiltini; nt <iii<> limn<'h i>r<''ii)|;r«'«<i, niid
the oiu' rharpil liy the i-<iniiti|u(ii>ii wilii llic
ini|ni^itiiiii into rcijirnl irrirvunc«"i. |ii th<<iitli<'r
linwK-h tln'V we a ln<'ly far r''ni'iv>i| from the
In'(i|iK'. neplei'tiiip i>H |prii|«T iliilirs, •> \/.Uy^ M|">n
lUifv of another liraiu'li eonvertiiiv: it-eli inin a
prand inijuest, and tryiiip olli'tw'^ whieli iti«« II"
pnfer* ; and in a lipirit whii'li Im ■•[waks a zcul
tpiii'kened l>y the sting of pcnional niortillca-
tion. He HavN the country feels it-i If deieived
and iK'trayed — insulted and wioii;;. •! — its lihei-
ties endaiigi'risl — and the trcisury r"lilii'd : the
reprecentativj's of the |K'0|ile in the other lloii/'e,
say the reverse of all this — that tli" Pre.-iilriit
has 8ftve<l the country from the corinpf domin-
ion of a great corrupting hank, by taking; away
frotn her the puhlic m»ney w hich she was usin;;
in bribing the pivss, suhsidizini; iiiiimIhts, jnir-
chasing the venal, and installing hei>elf iu su-
preme political power.

"The senator wishes to know what wo are In
do? What is our duty to do? I answer, to
keep ourselves within our constitutional duties
— to leave this impeachment to the House of
Hepresentatives — leave it to the House to whicli
it belongs, and to those who have no privato
griefs to avenge — and to judges, eai'h of whom
should retire from the bench, if he hajiiK'ned to
feel in his heart the spirit of a prosecutor in-
stead of a judge. The Senate now tries Gene-
ral Jack.son ; it is subject to trial itself — to Iks
tried by the people, and to have its sentence
reversed."

The corner-stone of Mr. Clay'.s whole argu-
ment was, that the Bank of the I'nited States
was the treasury of the United States. This
was his fundamental position, and utterly un-
founded, and shown to be so by the fourteenth
article of what was called the constitution of
the bank. It was tho article which provided
for the establishment of brandies of tho mother
institution, and all of which except the branch
at Washington city, were to ho employed, or
not employed, as tho directors pleased, as de-
positories of the public money ; and conse-
quently were not made so by any law of Con-
gress. The article said :

"The directors of s:iid corporation shall es-
tablish a competent ottice of discount and de-
posit in the District of Columbia, whenever rny
law of the United States shall require such an
establishment ; also one such office of discount
and deposit in any State in which two thousand
shares shall have been subsciibed, or may 1)0
held, whenever, upon application of the legisla-
ture of buch State, Congress may, by law, re-
quire the same : Provided, The directors afore-
said shall not bo bound to establish such olUco
before the whole of the capital of the bank shall

::t

410

THIRTY YEvVRS" VIEW.

have iK'tri pa'nl up. And it sholl Ikj lawful for
the (lirL( tors of the said coq)oration to establish
offiros of discount and deposit wheresoever they
Hliall think tit. within the United States or the
territories thiRof, to such jwrsons, and under
Kuch rejiuhitions, am they shall deem proper, not
Ixinj; contrary to law, or the constitution of the
bank. <tr, instead of establirthing such offices,
it .shall 1' ■ lawful for the directors of the said
corporation, from time to time, to employ any
other bank or banks, to be first approved by the
Secretary of the Treasury, at any place or places
that they may deem safe and proper, to manafi^
and transact the business proposed a.s aforesaid,
other than for the purposes of discount, to be
managcil and transacted by such officers, under
such agreements, and subject to such regula-
tions, as they siiall deem just and proper.

" Air. B. went on to remark upon this article,
that it plitccd the establishment of but one branch
in the reach or power of Congress, and that one
was in tlie District of Columbia — in a di.strict of
ten miles square — leaving the vast extent of
twenty-four States, and three Territories, to ob-
tain brandies for themselves upon contingencies
not dependent upon the will or power of Con-
gress ; or requiring her necessities, or even her
convenience, to be taken into the account. A
law of Congress could obtain a branch in this

j?i* ' district ; but with resi)ect to every State, the

' jj ; , establishment of the branch depended, first, upon

the mere will and pleasure of the bank ; and,
secondly, upon tiie double contingency of a sub-
scription, and a legislative act, within the State.
If then, the mother bank docs not think fit, for
its own advantage, to establish a branch ; or, if
the people of a State do not acquire 2,000 shares
of the stock of the bank, and the legislature,
therefore, demand it, no branch will be estab-
lished in any State, or any Territory of the
Union. Congress can only require a branch, in
any State, after two contingencies have happened
in the State ; neither of them having the slight-
est reference to the necessities, or even conve-
nience, of the federal government.

t ''Here, then, said Mr. B., is the Treasury

established for the United States ! A Treasury
which is to have an existence but at the will of
the bank, or the will of a State legislature, and
a few of its citizens, enough to own 2,000 shares
of stock worth $100 a share ! A Treasury
which Congress has no hand in establishing, and
cannot preserve after it is established ; for the
mother bank, after establishing her branches,

^-' may shut them up, or withdraw them. Such a

thing has already happened. Branches in the
West have been, some shut up, some withdrawn ;
■.uid, in these cases, the Treasury was broken up,
according to the new-fangled conception of a na-
tional Treasury. No ! said Mr. B., the Federal
bank is no more the Treasury of the United
States than the State banks are. One is just as
much the Treasury as the other ; and made so
by this very 14th fundamental article of the
tonstitutiou of the bank. T,ook at it ! Look at

the alternative ! Where branches arc not, («
tab1if<hc<i, the State banks are to l>e enipldvoi '
"The Bank of the I'nitefl States is t'PMi,.f^
the State bank ; the Secretary of the Trc^viirr
is to approve the selection ; and if he (Ws m
the State bank so selected, and so approv,.]
becomes the keeper of the public moneys ; ,t
Ixicomes the depository of the public raoncv.
it transfers them; it pays them out; it ii.'-.
every thing except make discounts for the mo-
ther bank and issue notes ; it does everythin:
which the federal government wants done ; a;:"l
that is nothing but what a bank of depo<iit ( v.]
do. The government makes no choice Ijctwten
State banks and branch banks. They arc all
one to her. They stand equal in her eyes ; th< v
stand equal in the charter of the bank itself; anil
the horror that has now broken out against the
State banks is a thing of recent conception— a
Tcry modern impulsion ; which is rebuked an!
condemned by the very authority to whicli it
traces its source. Mr. B. said, the State banks
were just as much made the federal treasury by
the bank charter, as the United States Bank
itself was : and that was sufficient to annihilate
the argument which now sets up the fdiral
bank for the federal treasury. But the fact was,
that neither was made the Treasury ; and it
would be absurd to entertain such an idea fur
an instant ; for the federal bank may surrender
her charter, and cease to exist — it can do so at
any moment it pleases — the State banks may |
expire upon their limitation ', they may Eur-
render ; they may be dissolved in many ways,
and so cease to exist ; and then there would be I
no Treasury ! What an idea, that the existence
of the Treasury of this great republic is to d^ |
pend, not upon itself, but upon corporations.
which may cease to exist, on any day, by tlieir |
own will, or their own crimes."

The debates on this subject brought out the I
conclusion that the treasury of the United States
had a legal, not a material existence— that the
Treasurer having no building.?, and keepers, to
hold the public moneys, resorted (when the I
treasury department waa first established), to I
the collectors of the revenue, leaving the money I
in their hands until drawn out for the pnbliel
service — which was never long, as the revenues I
were then barely adequate to meet the daily I
.expenses of the government ; afterwards to the I
first Bank of the United States — then to looll
banks; again to the second bank; and uoil
again to local banks. In all these cases tbtl
keepers of tho public moneys were nothing bis I
keepers, being the mere agents of the Secretanl
of the treasury in holding the moneys which In I
had no means of holding himself. From theil
discussions come the train of ideas which ledul

ANNO 1834. ANDREW JACKSON, TUIMDENT.

411

tbr (cubli^hment of the independent trctsury

-ih»t !!» to say, to the creation of ofllcers, ^rA
the erection of buildings, to holi tho public

CHAPTER CI.

CONDEMNAri"N OF PRESIDENT JACKSOX-MR.
CALHOUN'S SI'EECII-EXTUACTS.

Ii was fi)rc?ecn at the time of tho coalition be-
tween Mr. Calhoun and Mr. Clay, in which they
came together — a conjunction of the two political
p,j](.;_on the subject of tho tarifi*, and laid it
I awaj' for a term to include two presidential
tlections — that tho effect would bo (even if it
w;is not the design), to bring them together upon
all other subjects against General Jackson. This
fxpoctation was not disappointed. Early in the
Idibate on Mr. Clay's condemnatory resolution,
Jlr. Calhoun took tho floor in its support ; and
■ did Mr. Clay the honor to adopt his leading
I ideas of a revolution, and of a robbery of the
I treasury. He not only agreed that we were in
I the middle of a revolution, but also asserted, by
Iway of consolation to those who loved it, that
[revolutions never go backwards — an aphorism
Idcstined, in this case, to be deceived by the event.
IIq the pleasing anticipation of this aid from Mr.
Calhoun and his friends, Mr. Clay had com-
placently intimated the expectation of this aid
lin his opening speech ; and in that intimation
pere was no mistake. Mr. Calhoun responded
I it thus :

" The Senator from Kentucky [Mr. Clay] an-
licipates with confidence that the small party,
riio were denounced at the last session as trai-
lers and disuiiionists, will be found, on this
Irying occasion, standing in the front rank, and
manfully resisting the advance of despotic power.
1 (said Mr. C.) heard the anticipation with plea-
lure, not on account of the compliment which it
nplicd, but the evidence which it affords that
Die cloud which has been so industriously thrown
|Ter the character and motive of that small but
atriotic party begins to be dissipated. The Se-
ator hazarded nothing in the prediction. That
arty is tho determined, the fixed, and sworn
kieiny to usurpation, come from what quarter
Till under what form it may — whether fi"om tho
iiecutive upon tho other departments of this
bvernment, or from this government on the
bvereignty and rights of the States. 'J'he reso-
ktion and fortitude with which it maintained its

poiiition at the last session, under so many liiffl-
culties and daii'jri'i-s, in (k'rcni-e v( tin- State!*
again.st the eiu'iuaclinii-nts i>{ tin- priirnil ^'n-
vernnient, furnis'lied evidence not to lie niisiakin,
that that party, in the present nionientoim
struggle, would Ito found arrayed in dcl'iiice of
the rights of Con-iress against tlie enrroaeh-
nients of tne President. And let nic tell tho
Senator from Kentucky (said Mr. (.'.) that, if
the jiresent struggle against executive usurjia-
tion be successful, it will lio owing to the sue(e>,s
with which we. the nulliliers — I am not afraid
of the wonl — maintained the rights of the States
against the encroachment of the general govern-
ment at the last tfossiun."

This assurance of aid was no sooner given
than complied with. Mr. Calhoun, and all his
friends came immediately to the support of tho
resolution, and even excecde<l their author in
their zeal against the President and his Secre-
tary, Notwithstanding the private grief which
Mr. Calhoun had against General Jackson in
the affair of the " correspondence " and tho
"exposition" — tho contents of which latter
were well known though not published — and
notwithstanding every person was obliged to
remember that grief while Mr. Calhoun was
assailing the General, and alleging patriotism
for the motive, and therefore expected that it
should have imposed a reserve upon him ; yet,
on the contrary he was most personally bitter,
and used language which would be incredible,
if not found, as it is, in his revised reports of
his speeches. Thus, in enforcing Mr. Clay's
idea of a robbery of the treasury after the man-
ner of Julius Cassar, he said :

" The senator from Kentucky, in connection
with this part of his argument, read a striking
passage from one of tho most pleasing and in-
stiLCtive writers in any language [I'lutarch],
the description of Caesar forcing himself, s\vord
in hand, into the treasury of the Konian common-
wealth. We are at the same stage of our pcjli-
tical revolution, and the analogy between tho
two cases is complete, varied only by the char-
acter of the actors and the circumstances of the
times. That was a case of an intrepid and bold
warrior, as an open plunderer, seizing forcibly
the treasury of the country, which, in that re-
public, as well as ours, was confined to the cus-
tody of the legislative department of the goveni-
ment. The actors in our case are of a difl'erent
character — artful, cunning, and corrupt poli-
ticians, and not fearless warriors. They have
entered the treasury, not sword in hand, as pub-
lic plunderers, but, with the false keys of soph-
istry, as pilferers, under the silence of midnight
i The motive and the object are the same, varied

.1, :'l

412

THIRTY YEARS' VIKW.

J-
i

in like manner by circnniHtanccs and character.
With money I will pet men. and with men
money,' was the maxim of tJie Roman phmderer.
With money we will pet partisans, with partiflant)
vote?, and with votes money, is the ma.xim of our
public pilferers. With men and money Caesar
htnick down lioman liberty, at the fatal battle
of I'harsalia, never to ri.se again ; from which dis-
astrous hour all the powers of the Roman repub-
lic were consolidated inthofHjrson of Caesar, and
perpetuated in his line. With money and cor-
rupt partisans a preat cdort is now making to
chokt and stifle the voice of American liljcrty,
throu{;h all its natural organs ; by corrupting
the press ; by overawing the other departments ;
and, finally, by setting up a new and polluteil
organ, compo.scd of office-holders and cornipt
partisans, under the name of a national conven-
tion, %vhich, counterfeiting the voice of the people,
will, if not resisted, in their name dictate the
succession ; when the deed will bo done, the re-
volution be completed, and all the powers of our
republic, in like manner, be consolidated in the
President, and perix;tuated by his dictation."

On the subject of the revolution, "bloodless
as yet," in the middle of which we were engaged,
and which was not to go backwards, Mr. Cal-
houn said :

" Viewing the question in its true light, as a
struggle on the part of the Executive to seize on
the power of Congress, and to unite in the Pre-
sident the power of tlio sword and the purse, the
senator from Kentucky [Mr. Clay] said truly,
and, let me add, philosophically, that we are in
the midst of a revolution. Yes, the very exis-
tence of free governments rests on the proper
distribution and organization of power ; and, to
destroy this distribution, and thereby concentrate
power in any one of the departments, is to effect
a revolution. But while I agree with the sen-
ator that wo arc in the midst of a revolution, I
cannot agree with him as to the time at which
it commenced, or the point to which it has pro-
gressed. Looking to the distribution of the
jiowcrs of the general government, into the leg-
islative, executive, and judicial departments, and
confining his views to the encroachment of the
executive upon the legislative, he dates the com-
mencement of the revolution but sixty days
jirevious to the meeting of the present Congress.
I (said Mr. C.) take a wider range, and date it
from an earlier period. Besides the distribution
among the departments of the general govern-
ment, there belongs to our system another, and
a far more important division or distribution of
power — that between the States and the general
government, the reserved and delegated rights,
the maintenance of which is still moreesbcntial to
the preservation of our institutions. Taking this
wide view of our political system, the revolu-
tion, in the midst of which we are, began, not as
iuiipoEcd by the senator from Kentucky, shortly

lieforc the commencement of the present wwi-.n,
but many years ago, with the commena-ment '.:'
the restrictive sywtem, and terminatefi it,i tint
stage with the pa-ssago of the forrc bill of t!-
last session, which absorbed all the rights ami
sovereignty of the States, and consol(lat«.'(l their,
in this government. Whilst this process was
going on, of absorbing the reserved powers (f
the States, on the part of the general government
another commenced, of concentrating in the n.
ecutive the powers of the other two— the le^ris-
lativc ami judicial departments of the govern-
ment ; which constitutes the second stage of tht
revolution, in which we have advanced almo-t
to the termination.".

Mr. Calhoun brought out in this debate tho
assertion, in which he persevered afterwards un-
til it produced the quarrel in the Senate betwtvn
himself and Mr. Clay, that it was entirely owing
to the military and nullifying attitude of South
Carolina that the " compromise " act was passed,
and that ^fr. Clay himself would have ken
prostrated in the attempt to compromise. He
thus, boldly put forward that pretension ;

" To the interposition of the State of Soutli
Carolina we are indebted for the adjustment of
the tariff question ; without it, all the influence
of the senator from Kentucky over the manu-
facturing interest, great as it deservedly is, would
have been wholly incompetent, if he had even |
thought proper to exert it, to adjust the ques-
tion. The attempt would have prostrated him,
and those who acted with him, and not the sys- 1
tem. It was the separate action of the Stito
that gave him the place to stand upon, created
the necessity for the adjustment, and dispoaj
the minds of all to compromise."

The necessity of his own position, and the la
dispensability '• I Mr. Calhoun's support, restnin- 1
cd Mr. Clay, and kept him quiet under this
cutting taunt; but he took ample satisfactioD
for it some years later, when the trium{ih of |
General Jackson in the " expunging resolution,^
and the decline of their own prospects for the |
Presidency, dissolved their coalition, and re^
mitted them to their long previous antagonistic
feelings. But there was another point in which I
Mr. Calhoun intelligibly indicated what tuj
fully believed at the time, namely, that the basii
of the coalition which ostensibly had for its ob- 1
ject the reduction of the tariff, was in reality a [
political coalition to act against General Jack^oi. I
and to the success of which it was essential thu I
their own great bone of contention was lo be laid I
aside, and kept out of the way, while thecoili>|
tion was in force. It was to enable themtil

ANNO 1834. ANDREW JACKST.X. rilE>n)EXT.

413

mite their forces agaiimt tho " encroochments
jnd comiptionsof the Executive" that tho tariff
ivii then laid away ; and althouj;h the removal of
(ne deposits was not then foreseen, aa tho first
.n'cwiu" ^'"' *^* conjunction, yet there could
have becti '.o failure of finding occasions.enough
fir the same purpose when the will waa so
^,f(,n„_as subsequent events so fully proved.
(ienend Jackson could do but little during the
remainder of his Presidency which was not
found to be " unconstitutional, illegal, corrupt,
uturpinii, and dangerous to the liberties of the
u'ople;" and as such, subject to tho combined
attack of Mr. Clay and Mr. Calhoun and their
respective friends. All this was as good as
told, and with an air of self-satisfaction at the
foresight of it, in these paragraphs of Mr. Cal-
houn's speech:

'Now, I put tho solemn question to all who
I hear me: if the tariff' had not then been adjust-
jed— if it was now an open question — what hope
I of successful resistance against the usurpations
of the Exccuti^i on the part of this or any
I other branch ; •" . •ernment, could be enter-

jtained? Let it . ' said that this is the re-
I suit of accident : unforeseen contingency.

lit was clearly perceived, an*' openly stated, that
111) successful resistance could be made to the
corruption and encroachments of the Executive,
while the tariff' question remained open, while it
separated the North from the South, and wasted
the energy of the honest and patriotic portions
of the community against each other, the joint
ctfort of which is indispensably necessary to ex-
pel those from authority who are converting
the entire powers of government into a corrupt
|tlcctioneering machine ; and that, without sepa-
rate State interposition, the adjustment was im-
ossible. The truth of this position rests not
pon the accidental state of things, but on n
iiofound principle growing out of the nature of
overnment, and party struggles in a free State.
listory and reflection teach us, that when great
nterests come into conflict, and the passions and
he prejudices of men are aroused, such strug-
les can never be composed by the influence of
i\y individuals, however great ; and if there be
ot somewhere in the system some high consti-
Mtional power to arrest their progress, and com-
1 the parties to adjust the difference, they go
n till the State falls by corruption or violence.
" I will (said Mr. C.) venture to add to these
marks another, in connection with the point
ndcr consideration, not less true. We are not
oly indebted to tho cause which I have stated
r our present strength in this body against
e present usurpation of the Executive, but if
e adjustment of the tariff" had stood alone, as
ought to have done, without the odious bill
hich accompanied it — if those who led in the

compromise had joined tin" Statc-riirhts party
in their ri'sistancu to that unoon-ititutiuniil un'n.'i-
ure, and thrown the n'SjM)nsibilily on hn rtni
authors, the adininistnition. tloir |>arty wonlil
have been so prostrated throughout the entiivi
South, and their power, in cunsequence, so re-'
du(«d, that they would not have dared to nttempt
the present measure ; or, if tlu-y Imd, thi-y
would have been broken and defeated."

Mr. Calhoun took high ground of contempt
and Bcon^ against tho Secretary's reasons fur
removing the deposits, so far as founde<l in the
misconduct of tho bank directors — declaring
that he would not condescend to notice them —
repulsing them as intrusive — and shutting his
eyes upon these accusations, although heinous
in their nature, then fully proved ; and since
discovered to be far more criminal than thin
suspected, and such as to subject their authors,
a few years afterwards, to indictments in tho
Court of General Sessions, for the county of
Philadelphia, for a "conspiracy to cheat and
defraud the stockholders ;" — indictments on
which they were saved from jury trials by be-
ing "habeas carpus' d" out of the custody of
the sheriff of the county, who had arrested
them on bench warrants. Mr. Calhoun thus
repulsed all notice of these accusatio/is :

" The Secretary has brought forward many
and grievous charges against the bank. I will
not condescend to notice them. It is the con-
duct of the Secrctarj', and not that of the bank,
which is immediately under examination ; and
he has no right to drag the conduct of the bank
into the issue, beyond its operations in regard
to the deposits. To that extent I am prepared
to examine his allegations against it ; but be-
yond that ho has no right — no, not the least —
to arraign the conduct of the bank ; and I, for
one, will not, by noticing his charges beyond
that point, sanction his authority to call its con-
duct in question. But let the point in issue
be determined, and I, as far as my voice ex-
tends, will give to those who desire it the means
of the freest and most unlimited inquiry into its
conduct."

But, while supporting Jlr. Clay generally in
hia movement against the President, Mr. Cal-
houn disagreed with him in the essential aver-
ment in his resolve, that his removal of Mr.
Duane because he would not, and the appoint-
ment of Mr. Taney because ho would, remove
them was a usurpation of power. Mr. Calhoun
held it to be only an " abuse ;" and upon that
point he procured a modification of his resolve
from Mr. Clay, nothwithstanding the enrucst-

>}'-.

■'J:«.Cf >•

414

THIRTY YEARS' VIEW.

A ■■■■

nc«s of liis ppocrh fin the chnrpc of U!-iirpatinn.
And he tlius stated his olijecUon :

" But, wliile I thus severely condemn the con-
duct of tlic I'rcKidcnt in removing the former
Sc-crutary and appointing the present, I must
eny, that in my opinion it is a cattc of the abuse,
and not of the iisurpation of power. I cannot
doubt that the " resident has, under the consti-
tution, tiic rip> f removal from olBce ; nor can
I doubt that ttic power of removal, wherever it
exists, docs, from necessity, involve the power
of (i^ncral supcrvisioii ; nor can 1 doubt that it
niigiit be constitutionally exercised in reference
to the deposits. Kcvcrse the present case; sup-
nose the late Secretarj', instead of being against,
had l>een in favor of the removal ; and that the
President, instead of being for, had been against
it, deemifig the removal not only inexpedient,
but, under circumstances illegal ; wo 'd any
man doubt that, under such circumstances, he
had a right to remove his Secretary, if it were
the only meiins of pi eventing the removal of the
deposits ? Nay, wotdd it not be his indispen-
eablc duty to have removed iiim ? and, had he
not, would not he have been universally and
justly held responsible ? "

In all the vituperation of the Secretary, as
being the servile instrument of the President's
will, the members who indulged in that species
of attack were acting against public and record-
ed testimony. Mr. Taney was complying with
his own sense of public duty when he ordered
the removal. He bad been attorney-general
of the United States when the deposit-removal
question arose, and in all the stages of that
question had been in favor of the '•emoval ; so
tb^t his conduct was the result of his own judg-
ment and conscience ; and the only interfcrenco
of the Presi'uent was to plact him in a situation
where he would carry out his convictions of
duty. Mr. Calhoun, in tliis speech, absolved
himself fi-om all connection with the bank, or
dependence upon it, or favors from it. Though
its chief author, he wouM have none of its ac-
commodations : and said :

" I am no partisan of the bank ; I am con-
nected with it in no way, by moneyed or politi-
ual ties. I might say, with truth, that the bank
owes as much to me as to any other individual
in the country ; and I might even add tnat, had
it not been for my efforts, it would not have
been chartered. Standing in this relation to
the institution, a high sense of delicacy, a regard
to independence and character, has ret;trained
mo from any connection with the institution
whatever, except some trifling accommodations,
\d the way of ordinary business, which were

not of the slightest inifiortance either to tV
bank or myself."

Certainly there was no necessity for Mr. Cj].
houn to make this disclaimer. His cliaracfir
for pecuniary intt>grity placed him above t!,„
Buspicfon of & venul motive. His errors cairi>
from a different source — from the one 'hat la- 1
sar thought excusable when empire wis to I,.
attained. Mr. Clay also took the opportunliv
to dibclaim any present connection with, or pa^t
favors from the bank ; and,

"Begged permission to trespass a few mv
ments longer on the Senate, to make a state- 1
raent concerning himself personally. Ue had
heard that one high in office had allowed him-
self to a.sBert that a dishonorable conncotiir I
had subsisted between him (Mr. C), and tin
Bank of the United Str.tes. When the prcseM I
charter was granted, he voted Ibr it ; and. hat-
ing done so, he did not feel himself at libenr |
to subscribe, and he did not subscribe, for a sin-
gle u. we in the stock of the bonk, altliougli lie I
confidently anticipated a great rise in the value
of the stock. A few years afterwards, dtirint
the presidency of Mr. Jones, is was thought hv
some <'f his friends ai Philadelphia, expedient ii
make him (Mr. C), a director of the Bank of
the United States ; and he was made a director
without anj consultation with him. For tint
purpose five shares were purchased for him, Ly
a friend, for which he (Mr. C), afterwards paii
When he ceased to be a director, a short time
subsequently, he disposed of those shares, lie
does not now own, and has noi for many jears I
been the proprietor of, a single share.

"When Mr. Cheves was appointed president
of the bt nk, its affairs in the States of Kentucky
and Ohio were in great disorder ; and his (.Mr, I
C.'s), professional services were engaged durioj I
several years for the bank in those States, lli I
brought a vast number of suits, and transacted I
a great amount of professional business for ttie I
bank. Among other suits was that fur theni-l
covery of the one hundred thousand dolltrs,!
seized under the authority cf a law of Ohio!
which ho carried through the inferior and su- 1
preme courts. He was paid by the bank tiit I
usual compensation for these services, and col
more. And he ventured to assert that no pro- 1
fessional fees were ever more honestly and fair I
ly earned. He had not, however, been tJnl
counsel for the bank for upwards of eight yean I
past. He does not owe the bank, or any one I
of its branches,, a solitary cent. About twelve!
or fifteen years ago, owing to the failure of >|
highly estimable (now decea.sed), friend,alar^|
amount of debt had been, as his indorser, tlironi
upon him (Mr. C), and it was principally ii«|
to the Bank of the United States. He (Mr C.)1
established for himself a rigid economy, a sink- 1
ing fund, and worked hard, and paid oft' tlie deiD|

ASSO 1S34. ANDREW JACKSON. TRESIDKNT.

4ir>

xtrtancc cither to tV

irnzfiix^. without recciTinR from the bank the
,,,.ht(st favor. WhilHt others around him
^,!"re disj'hnruing their dehts in property, at
l,iffh Tiiluations, he jicriodically renewe(\ his
ntito. piyinp the discount, until it was wholly
,itiiigui.slied."

But it was not every member who could thus

jticolve himself from bank connccti<in, favor, or

(Iijicndcnce. The list of congressional bor-

^}wcrs. or retainers, was large— not less than

tiftv of the former at a time, and a score of the

Littci ; 'M(\ even after the failure of the bank

and vhc assignment of its effects, and after all

j^ible liquidations had been effected by tak-

I i[j.T oropcrty at " high valuation," allowing

lirp!. V for " professional services," and liberal

Ksorts lo the "profit and loss" account, there

rimained many to be sued by the assignees to

wiiom their notes were passed ; and some of

Ei:ch early date as to be met by a plea of the

statute of limitations in bar of the stale de-

mard. Mr. Calhoun concluded with a " lift to

I the panic" in a reference to the " fearful crisis"

I in which we were involved — the dangers ahead

I to tlie liberties of the country— the perils of our

] institutions — and a hint at his permanent reme-

I (ij— his panacea for all the diseases of the body

] politic— dissolution of the Union. He ended

Ithus:

"We have (said Mr. C), arr'vjd at a fearful
I crisis; things cannot long remam as they are.
lit behooves all w^ho love the^r country, who
I have aftection for tht;r offspring, or who have
I any stake in our institutions, to pause and re-
Ifiict. Confidence is daily withdrawing from
Ithe general government. Alienation is hourly
Ipoinp on. These will necessarily create a state
■of tilings inimical to the existence of our insti-
Itutioiis, and, if not speedily arrested, convul-
Ifions must follow, and then comes dissolution
lor despotism j when a thick cloud will be
■thrown over the cause j( liberty and thj future
Ipronpecls of our country."

CHAPTER CII.

PUBLIC DISTBES9.

f i-oM the moment of the removal of the depos-
», it was seen that the plan of the Bank of the
[Jnitcd States was to force their return, and
Irith it a renewal of Jt3 charter, by operating on

the business of the country and the alnrms of
the people. For this purpo.^e, loons and occom
modations were to cease nt tin' ir-'thiT bank
and all its branches, and in all tlio liM-nl banks
over which the national bank had control ; and
at the same time that discounts were stopjKMl.
curtp*'."...cnt8 were made ; and all business men
called on for the payment of all they owed, at
the same time that all the usual souici's of sup-
ply were stopped. This pressure v/ns made to
fall upon the business commanity, especially
upon large establishments employing a great
many operatives ; so as to throw as many labor-
ing people as possible out oi employment. At
the same time, politicians engaged in making
panic, had what amounts they pleased, an in-
stance of a loan of iJ100,000 to a single one of
these agitators, being detected; and a loan of
5j;l,100,000 to a broker, employed in making dis-
tress, and in relieving it in favored cases at a
usury f>f two and a half per centum per month.
In this manner, the business community was
oppressed, and in all parts of the Union at the
same time: the organization of the national
bank, with branches in every State, and its con-
trol over local banks, being sufficient to enable
it to have its policy carried into effect in all
places, and at the same moment. Tiiu first step
in this policy was to get up distress meetings —
a thing easily done — and then to have these
meetings properly oflScered and conducted. Men
who had voted for Jackson, but now renounced
*him, were procured for president, vice-presi-
dents, secretaries, and orators ; distress orations
were delivered ; and, after sufficient exercise in
that way, a memorial and a set cf resolves,
prepared for the occasion, were presented and
adopted. Af - adoption, the old way of send-
ing by the mail was discarded, and a deputation
selected to proceed to Washington and make
delivery of their lugubrious document. These
memorials generally came in duplicate, to bo
presented, in both Houses at once, by a senator
from the State and the representative from the
district. These, on presenting the petition, de-
livered a distress harangue on its contents,
often supported by two or three adjtmct speak-
ers, although there was a ruie to forbid any
thi"'; being said on such occasions, except to
make a brief statement of the contents. Now
they were read in violation of the rule, ond
spoke upon in violation of the rule, and printed

I I

1 !■;■■'

.-! i

416

THIRTY YKAIW* VIKW

rt'ver to he ri'ail npain, and rcforrcd to a com-
iiiitteo, iK'ViT niiiro to Ihj Kcvn by it ; and bound (
lip in VdliiMKS to ciicninlH.T tiic Khclvcs of the'
imbiic (Idniini'iilH. Kvery inorniiip, for tlireo i
months, ♦he iHTscntation of tlicse memorials,
with Hjieec lies to enforce them, was the occupa-
tion of each House; all the memorials Ixaring
the impres-i of tlie same mint, and the onitions
Rencrally cast u. the same pattern. These
Itarangues peneni. avc, in the first place, some
topographical or i vor'.cal notice of the county
or town from wliich it came — sometimes with a
hint of its revolutionary services — then a de-
scription of the felicity which it enjoyed while
the bank had tlie deposits ; then the ruin which
came upon it, at their loss; winding up usually
with a greiit quantity of indignation against the
man whose illegal and cruel conduct had occa-
sioned such destruction upon their business.
The meetings were sr-ictimes held by young
men ; sometimei by olu men ; sometimes by the
laboring, sometimes by the mercantile class;
sometimes miscellaneous, and irrespective of
party ; and usually sprinkled over with a smart
number of former Jackson-men, who had ab-
jured him on account of this conduct to the
bank. Some passages will be given from a few
of these speeches, as specimens of the w hole ; the
quantity of which contributed to swell the pub-
lication of the debates of that Congress to four
large volimies of more than one thousand pages
each. Thus, Mr. Tyler of Virginia, in present-
ing a memorial from Culpeper county, and hint-
ing at the military character of the county,
Baid:

" The county of Culpeper, as he had before ob-
served, had been distinguished for itsvliiggism
from the commencement of the Revolution ; and,
if it had not been the first to hoist the revolu-
tionary banner, at the tap of the drum, they
were second to but one county, and that was the
good county of H.-iiAJver, which had expressed
the same opinion with them on this all-import-
ant subject. He presented the memorial of these
sons of the whigs of the Revolution, and asked
that it might be read, referred to the appropri-
ate committee, and printed."

Mr. Robbins of Rhode Island, in presenting
memorials from the towns of Smithfield and
Cumberland in that State :

"A small river runs through these towns, call-
ed Blackstone River; a narrow stream, of no
t-TVAt volume of water, but perennial and un-
failing, and possessing great power from the fre-

quency and grcatncFH of itt* falls. Prior u
1701, this power had always nin to wa>.t<'. n.
Cfpt here and there a onw mill or a grist inill.tn
supply the exigencies of a sparfc neiplilKirlio«i
and one inconsiderable forge. Since that |rriiKi
from time to time, and fiom place to pluw . tin,-
jiower. instead of running to wa.ste, Ims Utr!
p.pplied to the use of propelling machinery, t'i
the valley of that small river has U-conie tlir I
Manchester of America. That power n ko ud.
limited, that scarcely any hmilation can be fi.\,,i
to its capability of progressive incrca-ue in \v.
applicatio... That valley, in these towns, nlrcsdv I
has in it over thirty ditlerent cstablishmcnte ; n
has in it two millions of fixed capital in tlio<.j
establishments ; it has expended in it anniialK
in the wages of manual labor, five hundred ih'v'. I
sand dollars ; it has in it one hundred thousaii'l
spindles in operation. 1 should say it liad— for
one half of these spindles are already su-siMimled.
and the other half soon must be susiieadd, if
the present state of things continues. On t|y..
bank of that river, the first cotton spindle vu \
established in America. The invention of Ark
Wright, in 1791, escaped from the jealous proh.
bitions of England, and planted itself there. It I
was brought over by a Mr. Slater, who had Iwn
a laboring manufacturer in England, but who
was not a machinist. He brought it over, n;
in models, but in his own mind, and fortunatil?
he was blessed with a mind capacious of such
things, and which by its fair fruits, has made
him a man of immense fortune, and orie of th«
greatest ben>.iactors to his adopted eountty.
There he made the first essays that laid \h
foundation of that system which has spread » I
far and wide in this country, and risen to sucb
a height that it makes a demand annually for I
two hundred and fifty thousand bales of cotton |
— about one fourth of all the cotton crop of all
our cotton-growing States; makes fur those I
States, for their staple, the best market in ttit
world, except that of England : it was ropidlj I
becoming to them the best market in the world,
not excepting that of England ; still better, it
was rapidly becoming for them a market to
weigh down and preponderate in the scale against I
all the other markets of the world taken to- 1
gether. Now, all those prospects are blastedb? I
one breath of the Executive administration u' I
this country. Now every thing in that vallej, I
every thing in possession, every thing in pros- 1
pect, is tottering to its fall. One half of those I
one hundred thousand spindles are, as I before i
stated, already stopped ; the other half ?re still |
continued, but at a loss to the owners, and p:'
ly from charity to the laborers ; but this cliarilj I
has its limit; and regard to their own safdtj
will soon constrain them to stop the other hill
Five months ago, had one travelled through tbii I
valley and witnessed the scenes then diLpiaye< I
there — their numerous and dense population,«ll
industrious, and thriving, and contented— hil I
heard the busy hum of industry in their houiil
of labor — the notes of joy in their hours of n |

ANNO 18;',». ANlJREW JACKSoN. riU>II»KNT.

•lutii'n — had fern the iilcnty «{ thfir tahU^,
yx o>w("VtA of tlifir linsiihn — ha<l, in a wnnl.
H-n ill I'ery r<)iint-;iiunco the CDiiffiit of tvery
iicart; mill if that sjiinc ptTsoii nhoiiM truvil
i:;ruu^'l» the same valley hereafter, nml shoiiM
t;ii(l it then fU'serted, and desohite, and sileiit as
tho valliy "f dt-ath. and covered over with tlio
H.'.itarv aii<l mouldering ruins of those numer-
„«• t'>tablishments, he would say, '.Surely the
laiidiif the ruthless destroyer has Jwen here!'
Viff, if the pri'sent Ftate of thinps is to hecon-
IMiuid, .v sunly as blood follows the knife that
la- Utii plun;:ed to the heart, and death ensues.
.0 sualy that chanpe there is to take pjace ; and
ln' who ou^'ht to have hoen their guardian ang<d,
ffill liavu been that ruthlcs.? destroyer."

AiK thus Mr. Webster, in presenting a ine-
ni trial from Franklin county, in tho State of
Pcnnnylvania :

' The county of Franklin was one of the most
I portable and wealthy in the great State of
I'tiin-sylvania. It was situated in a rich linie-
ttone valley, and, in its main character, was
agricultural. lie had the pleasure, last year, to
1 [Mis throu?:h it, and see it for the first time,
I whin its rich fields of wheat and rye were ri-
I lulling, and, certainly, he little thouglU then,
ttat he should, at this time have to present to
the Senate such undeniable proofs of their actual,
gtvere and pressing distress. As he had said,
the inhabitants of Franklin county were princi-
pally agriculturists, and, of these, the majority
were the tillers of their own land. They were in-
I tercsted, also, in manufactures to a great extent ;
I they had ten or twelve forges, and upward.^ of
I four thousand persons engaged in the manufac-
Itureof iron, dependent for their daily bread on
Ithe product of their own labor. The hands
Ifmploycd in this business were a peculiar race
j— minors, colliers, &c. — and, if other employment
Inas to be afforded them, they would tind them-
Ifelves unsuited for it. These manufactories had
Iken depressed, from causes bo well explained,
land 60 well understood, that nobody could now
Idoubt them. They were precisely in the situa-
Ition of the cotton factories he had adverted to
pome days ago. There was no demand for their
products. The consignee did not receive them
-lie did not hope to dispose of them, and would
bot give his paper for them. It was '.veil known
khat, when a manufactured article ..as sent to
Ibe cities, the manufacturer expected to obtain
p advance on them, which he got cashed. Tnis
^lioic operation having stopped, in consequence
bf the derangement of the currency, the source
If business was dried up. There were other
nanufuctories in that county that also felt the
Iressure — paper factories and manufactories of
|tra\v paper, which increased the gains of agri-
ulturc. These, too, have been under the neces-
Ity of dismissing many of those employed by
jiem, which necessity brought this matter of
fxecutive interference homo to every man's

Vol. I.— 27

labor nnd property. Ifo had a.«<*ertnin«'d tho
prices of pn)ducc ;is now, atid in N'ovendxTlast,
in the .*^tute of Pinny^yUaiiiii, and froin tlii-M-, it
would l>e feen that, in the interior region, on the
thri'shing floors, tliry hail not escaped the evils
whieh ha<l nll'eeted llie prices of eoni and rye at
(.'handiersbiirg. They were hardly to be got
rid of at any price. The loss on wh(4it, tho
great ])roduet of the county, was thirty cents.
Clover seed, another great prinluct, had fallen
fi-om fix dollars per bushel to four dollars.
I'liis downfall of agrictdturnl prtMiucc descrilied
the cU'eet of the measure of the Executive lietter
than all the evidences that iiad been hitherto
oll'ered. These memorialists, for thenisi-lves,
were sick, sick enough of the Executive cxj^ri-
mcnt."

And thus Mr. Southard in presenting the
memorial of four thousand '• young men " of the
city of Philadelphia :

" With but very few of them am I per.-" nally
acquainted — and must rely, in what I e.iy of
them, upon what I know of those few, and upon
the information received from others, which I
regard as sure and safe. And on these, I ven-
ture to assure the Senate, that no meeting of
young men can be collected, in any portion of
our '■ ' Ic country, on any occasion, containing
mi- .atelligence — more virtuous purpose —
more manly and honorable feeling — more de-
cided and energetic character What they say,
they think. What they rc8^.1vc they will ac-
complish. Their proceedings were ardent and
animated — their resolutions are dr n with
spirit ; but are such as, I think, n; ^e pro-
perly received and respected by tii Senate.
They relate to the conduct of the Executive —
to the present condition of the country — to the
councils which now direct its destinies. They
admit that older and more mature judgments
may better understand the science of govern-
ment and its practical operatioTis, but they act
upon a fueling just in itself, and valuable in its
effects, that they are fit to form and express
opinions on publio measures and public princi-
ples, which shall be their own guide in their
present and future conduct ; and they express a
confident reliance on the moral and physical
vigor and untamable love of freedom of the young
men of the United States to save us from des-
potism, open and avowed, or silent, insidious,
and deceitful. They were attracted, or rather
urged, sir, to this meeting, and to the expres-
sion of their feelings and opinions^ by what they
saw around, and knew of the action of the Ex-
ecutive upon the currency and prosperity of the
country. They have just entered, or are about
entering, on the busy occupations of manhood,
and are suddenly surprised by a state of things
aroimd them, new to their observation and ex-
perience. Calamity had been a stranger in their
pathway. They have grown up through their
boyhood in the enjoyments of present comfort^

|i>:

i M

jii:

418

THIRTY YKAHS' VIKW

fin'l the nnticipntionKof future prosperity— their
miiioKi actively nml wuoeKHfully eiijtaged in the
variou'* iM-eiipJitiiins of Ow conimuiiity, atid the
whnjc ciiilc of ciiipliiynieiitf* ojion iK'fore tlieir
own iniiu>lry ami lioja's — the itiHtitutions »{
tli( ir rouiitry iMlDved, anil their protecting in- |
iiiieiiro < ovt rin^t the exertionn of all for their |
Iwnetit and happiness. In this otatc they saw
tho public proM|K'rity, with wliich alone they
were familiar, Masted, and f)V tho time destroyed.
'J he whole Kceno, their whole country, wa.s
clianfjed ; they witneBsed fortunes fallinfr, home-
HteadH ruined, merchants failing, artisans broken,
mechanics impoverished, all the employments
on which they were about to enter, paralyzed ;
labor denied to the needy, and reward to the
industrious; losses of millions of property and
ploom settling where joy and happiness before
existed. They felt tho sirocco yiasa by, and
desolate tho plains where ijcacc, and animation,
and happiness exulted."

And thus Mr. Clay in presenting a memoriul
from Lexington, Kentucky :

" If there was any spot in tho Union, likely
to bo exempt from the calamities that had af-
liicted the others, it would be the region about
Lexington and its immediate neighborhood. No-
where, to no other country, has Providence
been more bountiful in its gifts. A country bo
rich and fertile that it yielded in fair and good
seasons from sixty to seventy bushels of com
to tho acre. It was a most beautiful country —
all the land in it, not in a state of cultivation,
was in parks (natural meadows), filled with
flocks and herds, fattening on its luxuriant
grass. But in what country, in what climate,
the most favored by Heaven, can happiness ana
prosperity exist against bad government, against
misrule, and against rash and ill-advised experi-
ments ? On the mountain's top, in the moun-
tain's cavern, in the remotest borders of the
country, every where, every mterest has been
aftected by the mistaken policy of the Executive.
While he admitted thac the solicitude of his
neighbors and friends was excited in some de-
gree by the embarrassments of the country, yet
they felt a deeper solicitude for the restoration
of tho rightful authority of the constitution and
the laws. It is this which excites their appre-
hensions, and creates all their alarm. He would
not, at this time, enlarge further on the subject
of this memorial. He would only remark, that
hemp, the great staple of the part of the country
from whence the memorial came, had fallen
twenty per cent, since he left home, and that
Indian com, another of its greatest staples, the
most valuable of the fraits of the earth for the
use of man, which the farmer converted into
most of tho articles of his consumption, fur-
nishing him with food and raiment, had fallen to
an equal extent. There were in that county
six thousand fat bullocks now remaining unsold,
when, long before this time last year, there was

scarcely one to I)C purchnsctl. They wero noi
Rold, fx-cauHc the butclu-rs could not obtmn
from the banks the \\f\ia\ farilitiiH ui the m;.
of diHcounts; they couhl nut obtain funds .„
anticipation of tli|'ir sales wherewitli to imr-
chase J and now jJIOO,(»ii() worth of tiiis .xpccii,
of promrty remaini^ on hand, whicli, if ^«■|(1, woii.'i
have been scattered thioujiii the coiiiitiy (jy tij
graziers, producing all the a<lvuntii;:i>i to I,.
derived from so hirpe a circulation, Kvirv
fanner was too well aware of tla^e fact.s one
moment to doubt tlicm. We are, s-aid Mr, (.',
not a complaining people. Wo think nut n,
much of distress. (Jive us our lawp — jruar-intw
to us our constitution — and we will Im contint
with almost any form of government."

And !^rr. Webster thus, in presenting a m-
morial from Lynn, Massachusetts :

" Those members of the Senate, said Mr. M',.
who have travelled from Boston to Salem, or ti
Nahant, will remember the town of Lynn. It
ia a beautiful town, situated upon the sea. i<
highly industrious, and has been hitherto pniv
porous and flourishing. With a population ff
eight thousand souls, its great bu8ines,s is ttit |
manufacture of shoes. Three thousand per,sonj,
men, women, and children, are engaged in t!ii<
manufacture. They make and sell, ordinarily,
two millions of pairs of shoes a year, for wiiirh. |
at 75 cents a pair, they receive one million tivi
hundred thousand dollars. They consume hcilf
a million of dollars worth of leather, of wimli
they buy a large portion in Philadelphia and |
Baltimore, and the rest in their own ncighUir-
hood. The articles manufactured by them m I
sent to all parts of the country, finding their
way into every principal port, front Eastport
round to St. Louis. Now, sir, when I was last |
among the people of this handsome town.
was prosperity and happiness. Their busincsj I
was not extravagantly profitable ; tlicy were I
not growing rich over fast, but they were cw,. |
fortable, all employed, and all satisfied and con- 1
tented. But, sir, with them, as with other*, j I
most serious change has taken place. They M I
their ususi employments suddenly arrested, fWni I
the same cause which has smitten other pans I
of the country with like eflects; and thejl
have sent forward a memorial, whicli I h,u()
now the honor of laying before the Senate,!
This memoral,sir, is signed by nine hundred cfj
the legal voters of the town ; and I understiuiiil
the largest number of votes known to have bowl
given is one thousand. Their memorial is short; [
it complains of the illegal removal of tiiedeiw-j
its, of the attack on the bank, and of thcettecti
of these measures on their business."

And thus Mr. Kent, of Maryland, in prestnt-l
ing petitions from Washington county in tkj
State;

"They depict in strong colors the daily i>|
creasing distress with which they are surrouiiii|

AXNO IS34. AN'I>RKW .lAt'KSON, I'UP><II»I:NT.

419

rong colors the daily i>|
vhich they are surround

mI Thpy ilocply doplow it. withoiif fho nMlity '
• irfliivp it. nn<l tli'-y n«rril.«* tluir rrniiliti'm to
• (li'ninL'«'tni'nt "f tin- riirrt-nry. ntnl a totnl |
trjnt of ronliili'iK'o. ii'it only Im-Iwim-ii iimi> nml
,,„„ l.iit Ix'twrcn lianks i<itimti><l «vin in the
..invo noiirhlxirhood — all j proceed in;.', a« they
Vlii'vc. from the removal of the puhiic ilcjio^itu
iVm the Bank of the United States. Four
mnnth.H since, an<l the roimties from whenrc
ihce mcmorialu proceed, presented a jHipnla-
tiiin as contended and prospcronn a** could |>c
fiiinil in any nection of the c<Mintry. Hut, sir,
:n that Fhort period, the picture is reverge«l.
IVirrich and productive himLs, which la«t fall
wire Boupht after with avidity at high prices,
thi'V inform us, have fallen 2;> per cent., and no
jiurchasers are to be found even at that reduced
|,rice. Wheat, the staple of that n ' n of the
c iiintry, was never much lower, if as lo»v. Flour
IS quoted iu Alexandria at $'i 75, where a larpe
inirtion of their crops seek a market. These
Imiicst, industrious i)eoplo cannot withstand
the cruel and ruinous couHequcnces of thi.'? des-
urate and unnecessary experiment. Tlie coun-
try cannot bear it, and unless sj.eedy relief is
sliorded, the result of it will Ihj as «H.sastrous to
tlmse who projected it, as to the country at
hrw, who are afflicted with it."

And thus Mr. Webster, presenting a petition
I frum the master builders of Philadelphia, sent
nn by a largo deputation :

"I rise, sir, to perform a pleasing dutj\ It is

I to iiiy before the Senate the proceedinfrs of a

meeting of the building mechanics of the city

I and ciiunty of Philadelphia, convened for the

|iUiTi03e of expressing their opinions on the prc-

ILnt state of the country, on the 24th of Fcbru-

lary. This meeting consisted of three thousand

Ipn-oin and was composed of carpenters, masons,

jlirickniakers, bricklayers, painters and glaziers,

llime burners, plasterers, lumber merchants and

|iiiher3, whc ,e occupations are connected with

Ithe building of houses. I am proud, sir, that so

Vspectable, so important, and so substantial a

fchiss of mechanics, have intrusted mo with the

presentment of their opinions and feelings re-

Ip.cting the present distress of the countr}*, to

Uie Senate. I am happy if they have seen, in

Ihe course pursued by me hero^ a policy favor-

kblc to the protection of their interest, and the

properity of their families'. These intelligeut

pi sensible men, these highly useful citizens,

kave witnessed the efl'ect of the late measures

fcf government upon the r own concerns ; and

p resolutions which I have now to present,

ully express their convi ;tions on the subject.

liuy propose not to reaso i, but to testify ; they

peak what they do know.

[ •• Sir, li.^ten to the statcn\ent ; hear tho facts.

the coromittee state, sir, tnat eight thousand

frsons are ordinarily employed in building

louses, in the city and county of Philadelphia ;

|numbcr which, with their families, would make

quite a considerable town. Thev turtbnr state.
that the average nuinIxT "f lioii»«-i, which tlii-t
lH)dy of ni'-chanics hat Imilt, I'-ir the la»t tivi*
years, i.s twelve hundre'l iioii-n'.-t a year. Tlic
average eo^t of the>e hiiuscs W computed at tuo
thousand ill illartearb. Merc i- :i liii.«iine>«, tlun.
sir, of two tnilliiiiH tmr hini'ln'd tli'iusanil dol-
lars a year. Such has been the avcrn^'e of the
last Jive years. And what is it now / Sir, tlie
committee state that tlie bn>ine>s ha.s fallen o!!'
seventy-five per cent, at Ua>t ; that is to say,
that, at most, only one-qnarter jiart of tin ir
usual omiiloyment now remains. '\'h\n is the
sea.son of the year in which building cimtraets
are made. It is now known what is to be the
business of the year. Many of these pt'i'sons.
who have heretofore hail, every year, contract-;
for several houses on hand, have tbi.s yiiir no
contract at all. They have been obliged to dis-
miss their hands, to turn them over to any
scraps of employment they could find, or to
leave them in idlenes.s, for want of any cniploj-
ment.

"Sir. the agitations of the coimtry arc not to
bo husned by authority. Opinion.s, from how-
ever high quarter.^, wnll not quiet them. Tho
condition of the nation calls for action, for mea-
sures, for the prompt interfiosition of Congress;
and until Congress shall m-t, be it sooner or bo
it later, there will be no content, no rejjo.se. no
restoration of former prosperity. Whoever suji-
poses, sir, that he, or that any man, can quiet tho
discontents, or hush the complaints of the people
by m-jrely saying, "peace, be still!" mistakes,
shockingly mistakes, the real condition of thing.s
It 18 an agitation of interests, not of opinions ; a
severe pressure on men's property and their means
of living, not a barren contest about abstract
sentiments. Even, sir, the voice of part j , often so
sovereign, is not of power to .subdue disco 'tents
and stiilo complaints. The people, sir, feel great
interests to be at stake, iiiul they are rousing
themselves to protect tbo.se interests. They
consider the question to be, whether the govern-
ment is made lor the people, or the people for
the govcnimcnt. They hold the former of these
two propositions, and they mean to prove it.

" Mr. President, this measure of the Secretar}-
has produced a degree of evil that cannot be
borne. Talk about it as we will, it cannot be
borne. A tottering state of credit, craini)ed
means, loss of property and loss of employment,
doubts of the condition of others, doubts of their
own condition, constant fear of failures and new
explosions, an awful dread of the future — sir
when a consciousness of all these things accom-
panies ft man, at his b. kfast, his dinner and
his supper: when it attends him through his
hours, both of labor and rest j when it even dis-
turbs and haunts his dreams, and when he feels,
too, that that which is thus gnawing upon him
is the pure result of foolish and rash meas-
ures of government, depend upon it he will not
I bear it. A deranged and disordered currency
the ruin of occupation, distress for present means

F4.5'

-[5

4'20

TIIIUTY YKAIW VIKW.

Mr. Cliiy rose Jo cirond the motion of Mr
W'lhHfcr to ri'fiT anil print tliis nicmoriiil ; and,
uit r jrivin;^ it ax his opinion that the |' |K'rty
of the country had liecn reihiced four hundn-*!
millions of doiliirH in vahic, \>y the measuren of
tlie (rovirnment, thn."* apostropliized the \'ice-
I'ri'sident (Mr. Van IJiiren), rliarpHK him with
ii ineHsajfc of prayer and sui)i)li(ation to Presi-
dent Jackson:

" lint there is another (inartor which po»Hes.sos
••ufllcient j)owerand influence to relievo the pnh-
lii- diHfnsses. In twenty-four hours, theexeeu-
tive III- Mich could adojit a measure which would
attonv Jill etliciicions and Buhstantial remedy, and
reHsfiililish confidence. And those who, in this
chiitiituT, support the adiuinistratiim, could not
riinkr a lietter ner\'ico than to repair to the e.xe
c'ltive mansion, and, placing before the (Hiief
Mui^istrate tlie naked and undis|Tui8C<l truth,
jirevail upon him to retrace his steps and aban-
don his fatal experiment. No one, sir, can per-
form tiiat duty with more propriety than yoiir-
hrW. [The VicL'-l'rosident.] Yoi: can, if you
will, induce him to change his course. To you,
then, sir. in no unfriendly spirit, but with feel-
iii;:s softened and subdued by the deep distress
which pervades every class of our countrymen,
I make the appeal. By your official and per-
Fonal relations with the President, you maintain
with him un intercourse which I neither enjoy
nor covet. Go to him and tell him, without
exaggeration, but in the language of truth and
sincerity, the actual condition of his bleeding
country. Tell him it is nearly ruined and un-
done by the measures which he has been in-
duced io put in operation. Tell him that his
e.\periment is operating on the nation like the
philosopher's experiment upon a convulsed ani-
mal, in an exhausted receiver, and that it must
expire, in agony, if he docs not pause, give it free
and sound circulation, and suffer the energies of
the people to be revived and restored. Tell him
that, in a single city, more than sixty bankrupt-
cies, involving a loss of upwards of fifteen mil-
lions of dollars, have occurred. Tell him of the
alarming decline in the value of all property, of
the depreciation of all the products of industry,
of the stagnation in every branch of business,
and of the close of numerous manufacturing es-
tablishments, which, a few short months ago,
were in active and flourishing operation. De-
pict to him, if you can find language to portray,
the heart- rending wretchedness of thousands of
the working classes cast out of employment.
Tell him of the tears of helpless widows, no
.onger able to earn their bread, and of unclad
and unfed orphans who have been driven, by his
oolicy, out of the busy pursuits in which but

VMti-rday tlu-y were gainintf an honest lin-li.
IhmhI. Say to him that if tirmnci'H l>i> honor-
able, when guiili-d by tiuth and ju>tit-r, it is m.
timnt> ly ulli<'«l to another fiuulity. of the niwt
pi-rnicioUH tendency, in the pnmtTiitiun of ,i:
erroneous HyHteni. Tell him how much mur..
true glorv in to U' w<iii by ntrncintr falw bU^y
than by blindly rushing on until his countrv ■
overwlielmed in hank ru|itcy and ruin. Tt II i,
of the anient attachment, the unlxiiindcd iky,,.
tion, the enthusia.'-t'i^ gratitude, towards him. ^,
often Hignally manif'ihttd by the Aniiriian |p»i-
pie, anr8, who, ri.
templating with indiflerence the eonfla^fntii' ^
of the mistress of the world, regaled hiiiis;i
during the terrific scene in the throng (jf I, ,
dancing courtiers. If you desire to secuni.-
yourself the reputation of a public lK.'nefiict' r
describe to him truly the universal disire«.s nl
ready produced, and the certain ruin which inu>i
ensue from i>tT.sevei ance in his measures. Til,
him that ho has been abused, deceived, Itetrav-
ed, by the wicked counsels of unprincipled m.;,
ai-ound him. Infonn liim that all efforts in tOi;.
gress to alleviate or terminate the public distn.-:
are paralyzed and likely to prove totally i. ■
availing, from his influence upon a large purii;;
of the members, who are unwilling to witlnlriiu
their support, or to take a course repugnant ti
his wishes and feelings. Tell him that, in iih I
bosom alone, under actual circumstances, d' i
the power abide to relieve the country; null
that, unless ho opens it to conviction, anil cor-
rects the errors of his administration, no liunian {
imagination can conceive, and no human toii^u
can express the awful consequences which niav U I
low. Entreat him to pau.se, and to refJect lliai I
there is a point beyond whicli human enduranrtl
cannotgo ; and let him not drive this brave,genfr- 1
ous,and jiatriotic people to madness and despair '

During the delivery of this apostrophe, tlul
Vice-President maintained the utmost decora I
of countenance, looking respectfully, and cvm|
innocently at the speaker, all the while, as :
treasuring up every word he said to be faithfuOjl
repeated to the President. After it was (mil
and the Vice-President had called some si'iiatrl
to the chair, he went up to Mr. Clay, and asli«!|
'him for a pinch of his fine rcaccoboy snufT (i.<l
he often did) ; and, having received it, walkicl
away. But a public meeting in Philadeiplul
took the performance seriously to heart, dl
adopted this resolution, which the indefatigtUl
Ilezekiah Niles "registered" for the infonnalitij
of posterity:

" Resolved, That Martin Van Burcn dcsen
and will receive the execrations of all good i

ANNO 1HH». AM'KFW JAlKS<iN. lUlMPKNT

4.4

of this npostvophe, tbj
incd the utmost dccorml
ig respectfully, and cveal
iker, all the while, as 1 1
rdhesaidtobofaithfuUjI
lent. After it was we:.!
t had called some seiuHJ
ip to Mr. Clay, and a^Wl
fine maccoboy snuff (Jil
aving received it, walksl
meeting in Philadelpkil
seriously to htart, »b1|
m, which the indefatig«Ui|
itered"forthcinfonDatn|

.|i.,uM he 'brink from the rr«p<)ni<ihility of cti-
\.\inr t"i Amln-w .liick-iKti thi- nicHHAfn' «'iit
l,v 111'- lionornhli' llcniy Clay, whi-n tlic Iniild
(P." miiiiorifti wa« prcM-nlvd to iIh- Stiiiito. I
clinruc you. Fuid lie. «i» the Presjileiit ami tell
1,1111 -till him if he would fuve his cdinitry — if
tu' wiiiiM fave liimself — tell him to ft<ip f^li'irt.
tii'l [KmiiiT well his couroe — tell him ti> ntniri'
hif<i<t('pi<. In-fore the inJnnMt and iiixulted (tt'ople,
iiifiirintf<l hy Iuh exin'rimeiit upon their happi-
m-'H. risen in the majesty <>f power, and hiirl-<
(hi' utiiriKT dr)wn from the neat heeceupier*, like
l.iiciliT, never to rise ajjain.'

Mr. Benton replied to tluse distress petitions,
and distress haran^nes, \>y showing; tliat they I
wore notliin}!; but a n-production, with a clianpe
(f names »nd dates, of the same kind of Hpecrl.c-?
and petitions whicli were heard in the year 1811,
when the charter of the first national bank was
(xpirinp, and when fJenerul Jackson was not '
Pnsident — when Mr. Taney was not Secretary
of tlio Treasury — when no deposits had been
removed, and when there was no quarrel be-
tween the bank and the povernment ; and he
iv.id copiously from the Congress debates of tliat
(lay to justify what he said ; and declared the
two scenes, so far as the distress was concerned,
to lie identical. After reading from these peti-
tions and speeches, he proceeded to say :

'• All the machinery of alarm and distress was
inns full activity at that time us at present, and
with the same identical effects. Town meetings
—memorials — resolutions — deputations to t'on-
presa— alarming speeches in Congress. The
[irice of all property was shown to be depressed.
Hemp sunk in Philadelphia from $35U to $260
per ton ; llour sunk from $11 a barrel to $7 75 ;
all real estate fell thirty percent. ; five hundred
iiouses were suspended iu their erection ; the
rent of money rose to one and a half per month
on the best pajjer. Confidence destroyed —
manufactories stopped — workmen dismissed —
and the ruin of tho country emfidently pre-
dicted. This was the scene then ; and for what
1 object ? Purely and simply to obtain a recharter
; of the bank — purely and simply tn force a re-
i charter from the alarm and disiiess of the
country ; for there was no removal of de|)Osits
then to bo complained of, and to be made the
scape-goat of a studied and premeditated attempt
to operate upon Congress through the alarms
[of the people and the destruction of their pro-
Iperty. There was not even a curtailment of
I discounts then. The w^ole scene was fictitious ;
■ but it was a case in which fiction does the mis-
lehicf of truth. A false alarm in the money
I market produces all the efl'ects of real danger;
land thus, as much distress was proclaimed in
ICongrressin 1811 — as much distress was proved
Itf exist, and really did exist — then as now ;

without a xinirU' mn«e t<> lx> nlhirrd tl fn. wl rh
is allfi.''d niiw. Hut thr [i<i« rnindiir^m/nti'in
of the liiiiik nindi- the itmriii thon ; iIh pKHi-r
and •'ipnni/atioii nmki' it ii<<w; nnd tli'litiouixirt
both (H t'Hsioiis ; ami nii'ii wrn- niini'd then, an
now. by till' jiowiT of uii iirnmry dnn'.:>T, winch
in the moneyed world, has nil the ruitloum-llt cts
of real danpr. No deposits wen- ri'inoved llini.
and the reason was as as^i^rneil liy Mr. <iallati!i
to ( oiiiiress, that the ^overiiliietit hud liorrow. •!
more timn the amount < f the di|iosiis from tli"
bank ; and this loan would enable her to ppi-
teet her interest in every continpeMcy. 'llu'
ojH'n object of the hank then was a rei'harler.
The knights entered tie- lists with tin ir visor-,
off— ii'i war in disguise thin fir the renewal
of a (-barter under the tillinu and jousting ' f a
masipuTude seullle for rieo\i-ry of de|K)sits.''

Tills was a complete reply, to which no om.-
could make any answer; and the two di-tt-esses
all |iii)ved the same thing, that a |M)werful ii;i-
tional bank could make distress when it pleased ;
and would always please to do it when it had an
object to gain by il — either in forcing a nchniter
or in rcapiusc a harvest of profit by making a
contraction of debts after having niaile an ex-
pansion of credits.

It will bo difficult for peojjle in after times to
realize the degree of excitement, of agitation and
of commotion which was [ii-odnced by this (jr-
ganized attempt to make panic and distress.
The great cities esjiicially were the scene of
commotions but little short of frenzy — pid>lic
meetings of tlH)usands, the most inflammatory
harangues, cannon firing, great feasts — and the
members of Congress who spoke against the
President received when they travelled witli
public honors, like conqtiering generals return-
ing from victorious battle fields — met by masses,
saluted with accdamations, escorted by proces.-?-
ioiis, and their lodgings surrounded by thousand^
calling for a view of their jiorsons. The gainiiv^
of a municipal election in the city of New- York
put tho climax upon this enthusiasm ; and sonio
instances taken from the every day occurrences
of the time may give some faint idea of this ex-
travagant exaltation. Thus :

"Mr. Webster, on his late journey to Boston.
was received and parteil with at Philadelphia,
New-York, Providence, &c., by thousands of tho
people."

"Messrs. Poindexter, Preston and McDuffij
visited Philadelphia the beginning of this week,
and received the most flattevuig attention of the
citizens — thousands having waited tipon to
honor them ; and they were dined, &c., with
great enthusiasm."

4'2'2

TUlR-n' VKAIW' VIKW.

i^ii

'•A viry Inrv'p piililir iiK'oiiii'.' wii" In 1ii .Muiifiiiy
iirtiTiHMiii laHt, to rrini|)lini«'iit the 'wlii)rM' of
Nfw-\()rl< on till' liitc victor}' piiiu'<l l»y tlx-in.
'Ihoii^'li rlioiiHnii'l.'i Were in t)ic liu(rr room, other
tlioiiH.iiiiN coiilil not ^-t in ! It w:im n poini)lftv
'jam.' John StM'ircnnt wan calhMl to the rhnir,
iiml lU'livrri'il an luldrcHs ol°'):n'nt iHtwcr and
iiliility' — ' one of tlui hnpiiicHt iH'ortH ' of that
clistinjruislu'd man. Mr. I'nHton of tlu? Si'iiati?,
and iMt McUnllir of th<^ lioncc of Ki-pn-miita-
iivi'M, wore |iri'.scnt. Thi' lirHt wuh loudly <'allcd
lor. whtn .Mr. Ncrp'ant had coiKiliidfd, and he
addn'MKt'd tin- incttin^ nt conHiiliTuhlc li'nptli.
.Mr. Mi-Dullio wiiH tliiu as loudly named, and lit-
iil.-to spoki) with liif( uHual ardfucy and powiT,
in which he paid ii lmnd.somc>coin)ilim<'nt to Mr.
.■"'I'ljfoant, who, |||f)uj;h h'.! haddilliTi-il in opinion
with him, \w ii^rardcd asa •htiTlinir jpatriot,' Ac.
Kach of tlu'si' spci'i'lit's were ri'coivi'd with hearty
and eontinnt'd murlvH of approhation, and often
iut('rru|iti'd with Hhouts of up))huim>. 'J'ho like,
it is faid, had niver iH'foro hcun witni's.scMl in
riiiladcliihia. The people were in the highest
poHsihIe state of cnlhuKinsm."

" An immense nmltitnde of jK'ople partook of
a collation in Cuwtlu (Jarden, New-Vork, on
Tuesday afteinoon, to celehrate the victory
piined in the ' three days.' The panlen was
ilresseil with flajrs, and every thin^ prepared on
u grand scale. I'ipes of wine and harrels of
l»eer were [ii-esent in ahundance, with a full
KU|)ply of eatabk-H. After partaking of ivfresh-
luciits (in which a preat deal of business was
(lone in a short time, by the thousands employed
— for many months, like many hands, make
quick work I) the nieetinp was organiyx'd. by
appointinjj IJenjamin Wells, carpenter, president,
twelve vice-])residents, and four secretaries, of
whom there was one cartman, one sail maker,
one procer, one watchmaker, one ship car[)cntcr,
one potter, one mariner, one physician, one
piinter, one surveyor, four merchants, &c. The
piesident briefly, but stronply, addressed the
multitude, as did several other gentlemen. A
committee of conpratulation from Philadelphia
was {jresented to the people and received with
hhouts. Wheti the time for adjournment ar-
rived, the vast multitude, in a solid column,
taking a considerable circuit, proceeded to Green-
wich-street, wliere 5Ir. Webster was dining with
a friend. Loudly called for, he came forward,
and was instantly surrounded by a dense mass
of merchants and cartmen, sailors and mechanics,

1)rofesi3ional men and laborers, «S:c., seizing him
)y his hands. lie was asked to say a few words
to the people, and did so. lie exhorted them
to perseverance in support of the constitution,
and, oa a dead silence prevailed, he was heard
by thousands. Ho thanked them, and ended by
hoping that God would bless them all."

"Saturdaj Messrs. Webster, Preston and
Biuney were expected at Baltimore ; and, though
raining hard, thousands assembled to meet them.
Sunday they arrived, and were met by a dense

ma.<i», ami hjh'wIhw ixaricd. A n vinnd mii,,..
tiT of the tio.-jKl. Ml < xciiHc of mirli a >.m|Iii r.iin
on the Saltballi. miidtliat in revolutionurv tiiiM,
th<To were no Sulpl»olht They Wfre (i)i'idii' li.|
to the hotel, whirc! .lixO wili-dreiNd rit:/«i,.
rwiived tin in with tntliusiasm."

"Mr. .Mdlullie reached HaltimoD' in thenficr.
n'Hiii of .Saturday la»f, on his rclnni to \\ ,,-!,.
iiigt'in, and was irceived by fir>m l..''il)i) to \i,i 1 1
jieople, who w«'iv waiting on the wharf Inr |i,
purpose, lie was »H<orti<l to tlieCity IImi.
and, from the steps, a<ldresNe(| the crowd (ii.,v
increased to about il.OOO inrsons), in as earnc .|
a siKTch, |K'rha|is, as he ever prononnceil — 'u,
the ///^/i/f/T of his delivery was not less funil,!
than tlie vnillir of his ninaiks. .Mr. .Mcf)
spoke for about half an hour; and, while at u ,'
moment he pnxluced a roar of laughter, in ili'
next he commanded the entire attention of iL.
audience, or elicited loud shouts of applause.

" The brief aildix'sses of .Messrs, Welistp r.
Binney, Mclliitlie, and Picston, to as.^enihji i
'iicltitudes in Baltimore, and the manner m
which they were recc ived, show a new stale <i
feelings and of thin;.s in this city. When .Mr.
McDiitdo said that ten days after the eiitramv
of soldiers into the iSenate chamber, to send the
senators home, that 2(KI,(J0() volunteers woiiM
be in Washington, there was such a shout u.sw
have seldom belbre heard."

"There wasamighty meeting of the people mi:
such a feast as was never In'fore prepared in u,
I'nitcd States, held near i'hiladelphio, on Im-
day last, as a rallying 'to sujijiort the eon.-itii,-
tion,' and ' in honor of the late whig victorv ; '
New-York,' a very large delegation frnni i!,,;
city being in attendance, bringing with tlm:,
their frigate-rigged and highlyfinislied Wii
called the 'Constitution,' which had been ]m^siii
through the streets during the 'three dny-.
The arrival of the Btoamboat with this dele;; •
tion on board, and the procession that was tliui
formed, are described in glowing terms. Ti<'
whole number congregated was supposed not to
be less than fifty thousand, multitudes nttiiK-
ing .-. jm adj.iccnt parts of Pennsylvania, Nn
Jersey, Delaware, Ac. Many cattle and otlur
animals hod been roasted whole, and there wciv
200 great rounds of beef, 400 hams, as many
beeves' tongues, Ac. and 15,000 loaves of bitai.
with crackers and cheese, Ac, and equal siipplid
of wine, beer, and cider. This may give some ii!ia
of the magnitude of the fea.st. John Serpeaiii
presided, assisted by a large number of via-
presidents, Ac Strong bands of music plawi
at intervals, and several salutes were fir:d fni.:
the miniature frigate, which were returned Iv
heavy artillery provided for the purpose."

Notices, such as these, might be cited in any
number ; btit those given are enough to showw
what a degree people can be excited, whcnagaa!
moneyed power, and a great political party, com-
bine for the purjjose of exciting the pissioa

AXXO mS4. AXDREW JACKSO!!. miXlDEXT.

might be cited in any
1 are enough to show w
be excited, when a gMi
eat political party, com-
f exciting the passics!

iKroii>:h th«i public niiiroriniiti ami the pulilii*
lUrin*' Imniiinw ■moiint* i»f niotn-y w« pp ijc-
|.n'ieiii th'.' nn-at n.-^iKyi-'l lur-
luratiun in i'hila<i<'l|iiiia.

ClIAl'TKU Oil I. I

►J.SATdKIAI. CONDKMNATlON OK TRKitlDKNT
,lAih!*t'.\: IIH riltiTKST; NuTIC'K Uf Tilt: KX-
VLN<<1N<> lili-XUlXTION.

Mr. C'lav ami Mr. Cullionn were the two liwl-

1:1.' H|pirit!» in the condi'ninntion of I'rccidt'nt

.lack.^on, Mr. Wthstcr did not ciienk in favor

of tlicir resolution, but niilcd it ini'identnlly in

[\w dcliviTy of his distress Bpceciies. The reso-

1 itioii wa.'^ tlifir.t. modilled from time to time by

till instivo-', without any voti« of the Senate, and

Iv virtue of the privilcp;o which belongH to the

mover uf any motion to change it as ho plea.<sc8,

until the .Senate, by some action upan it, makes

it in own. It waa altered repeatedly, and up to

ihf last moment ; and after undergoing its final

iiiitution, at the moment when the yeas and

:,i\s were nbont to be called, it wa.** passed by

till' Hanie majority that would have voted for it

wi tliu firit ilay of its introduction. The yeas

were: Messrs. Bibb of Kentucky; Black of

.MissLyiippi ; Calhoun ; Clay } Clayton of Dela-

I ware J Ewing of Ohio; Frelinghuysen of New

Jtr^y; Kent of Maryland; Knight of Rhode

I.land; Leigh of Virginia; Mangum of North

j f rolina ; Naudain of Delaware ; Poindexter of

I.Mi-sissippi ; Porter of Louisiana; Prentiss of

IVcrinont; Preston of South Carolina ; Kobbins

lofUhode Island; Silsbee of Massachusetts ; Na-

Ithan Smith of Connecticut ; Southard of New

Ijerscy ; Sprague of Maine ; Swift of Vermont ;

IToraliuson of Connecticut ; Tyler of Virginia ;

pVapgoman of Louisiana; Webster. — 20. The

nays were : Messrs. Benton ; Brown of North

Carolina ; Forsyth of Georgia ; Grundy of Ten-

kcesee; Hendricks of Indiana; Ilill of New

piarapsliire; Kane of Illinois; King of Alaba-

na; King of Georgia; Linn of Missouri; Mc-

Ivcan of Pennsylvania; Mooro of Alabama;

Ilon-K, of Ohio ; Robinson of Illinois ; Shep-

py of Maiiie ; Tallmadgo of New York ; Tipton

Indiana; Hugh L.White of Tennessee; Wil-

kin* of Prnn*ylvi«ni« ; SiIsm WriKht of NVw

York.— 'J". And ihu'* the n'««)Iution wax |m\iiii«
III, and vra^ nothipg but nn rnipty fiilniiuuiii'n
— A men' iKmrnal ceimun'— liavinj: no nlati^ n
to any bunini'iiii or prix'i'cdiiig in the St'niiti* ;
i.nd evidently intcndi'd for rl!ii-l on tlie |Hiiplr.
To incri'a^e thi* efVi't, Mr. Cluy pro|v,nid a f'"
wive th:it the Scirctary Mhould count the nnnn »
of the MignerM to the inemomU for and a^iiini-t
the art of the rctiioval. and Rtrike the lialiimo
Ixtween tlK'ni, which he romputcd at an hun-
dri'd thousand : rvideiitly iuliudiiig to add the
effect of this j)i>])ulur voice to the weight of the
si-nntorial condeniniition. The ntunU-r turmd
out to l>o unexpectedly small, considering the
minus by which they wcr • roliccti'd.

When passed, the total irrelevance of the re-
sohiticm to any right or duty of the Senate was
made manifest by the insignificniire tlmt : ttiiid-
ed its decision. There was ; othing t' 'le done
with it, or upon it, or under it, or in relation to
it. It went to no committee, laid the found •■
tion for no action, was not conunuuicablo to th',
other House, or to the Presiilent ; an , inaintd
an intrusive fuhninution on the Seim c Jo m nal ;
put there not for any kgislntive piirpofic, but
jiurely and simply for popular effect, (ircnt re-
liance was placed upon that f^lfect. It was fully
believed — notwithstanding the experience of the
Senate, in Mr. Van Burcn's case — that a senato-
rial condemnation wcnild destroy wl, tmsoever it
struck — evenOencralJackson. Vain calculation!
and equally condemned by the lesson.s of his-
tory, and by the impulsion.^ of the human heart.
Fair play ia the first feeling of the masses ; !i
fair and impartial trial is the law of the heart, as
well as of the land; nnd no condemnation is toler-
ated of any man by l:-i enemies. All such are
required to retire fioni ciie box and the bench,
on a real trial: much more to refrain from a
simulated one ; and above all from instigating
one. Mr. Caihoun and Mr. Clay were botli
known to have their private griefs against Otn' -
ral Jackson, and also to have been in Tehemeut
opposition to each other, and '.hat they had
'"compromised" their own bone of contention to
be able to act in conjunction against him. The
instinctive sagacity of the people saw all this ;
and their innate sense of justice and decorum
revolted at it ; and at the end of these proceed-
ings, the results were in exact contradiction to
the calculation of their effect. General Jackson

I'M.-

';.'•

424

THIRTY Y FAILS' VIEW.

'I?

was more popiilnr than ever; the leaders in tlie
inovi'Hiciit apainst him were nationally crippli-d ;
thiir friiiKJs, in many instancce, wcr" politically
dcHtroycMJ ill their StatcH. It was a nccond edi-
tion of '• Fox's martyrs."

Diinn;; all the progress of tliis procccdinp —
while a phalanx of orators and speakers were
daily fulminating against him — while many
hundred newspapers incessantly as.sailed him —
while public meetings were held in all parts,
and men of all sorts, even beardless youths,
harangued against hira as if he had been a Nero
— while a stream of committees was pouring
upon him (as they were called), and whom lie
soon refused to receive in that character ; during
the hundred days that all this was going on, and
to judge from the imposing appearance which the
crowds made that came to Washington to bring
up tiie " distress," and to give countenance to the
Senate, and emphasis to its proceedings, and to
fill the daily gallery, applauding the speakers
agaipst the President — saluting with noise and
confusion tho.se who spoke on his side ; during all
tiiis time, and when a nation seemed to be in arms,
and the earth in commotion against him, he was
tranquil and quiet, confident of eventual victory,
and firmly relying upon God and the people to
set all right. I was accustomed to see him
often during that time, always in the night (for
I had no time to quit my seat during the day) ;
and never saw him appear more truly heroic
and grand than at this time. lie was perfectly
mild in his language, cheerful in his temper,
finn in his conviction ; and confident in his re-
liance on the power in which he put his trust.
I have seen him in a great many situations of
peril, and even of desperation, both civil and mili-
tary, and always saw him firmly relying upon
the success of the right through God and the
people ; and never saw that confidence more
firm and steady tlian now. After giving hira an
accoimt of the day's proceedings, talking over
the state of the contest, and ready to return to
Bleep a little, and prepare much, for the combats
of the next day, he would usually .say : " Wc
shall whip them yet. The people will take it
up after a while." But he also had good de-
fenders present, and in both Houses, and men
who did not confine themselves to th>i defensive
— did rot limit themselves to returning blow
for blow — but assailed the assailants — boldly
iharging upon them their own illegal conduct —

exposing the rottenness of their ally, tlio h.ir.k
— .-howing its corruption in conciliatinp p<,l;t .
cians, and its criminality in distressing the rxo-
pie — and the unholiness of the comhinati. -j
which, to attain political power and kciiic d
hank charter, were seducing the venal, tcrrifv.
inp the timid, disturbing the country, detitr' v-
ing business and property, and falt^ily acru-
ing the President of great crimes and misdi.
meanors ; because, faithful and fearless, he sfn .',
sole obstacle to the success of the comlirid!
powers. Our labors were great and inceFsnr.t
for we had superior numbers, and great aliilin
to contend against. I spoke myself iiljn\,.
thirty times ; others as often; all many tinin:
and all strained to the utmost ; for wc fdt,
that the Ciiuse of Jackson was that of the coun-
try — his dcieat that of the people — and tlie
success of the combination, the delivering lii,
of the government to the domination of a mon-
eyed power which knew no mode of govern-
ment but that of corruption and oippression.
We contended strenuously in both Houses;
and as courageously in the Senate against a
fixed majority as if we had some chance fur
success ; but our exertions were not fur th
Senate, but for the people — not to change sena-
torial votes, but to rouse the masses through-
out the land ; and while borne down by a ma-
jority of ten in the Senate, we looked with
pride to the other end of the building ; and de-
rived confidence from the contemplation of a
majority of fifty, fresh from the elections of the
people, and strong in their good cause. It wa^
a scene for Mons. De Tocqueville to have look- 1
ed on to have learnt which way the difTercnw I
lay between the men of the direct vote of the
people, and those of the indirect vote of th«
General Assembly, "filtrated" through the
"refining" process of an intermediate body.

But although fictitious and forged, yet the I
distress was real, and did an immensity of mi-
chief. Vast numbers of individuals were ruin- 1
ed, or crippled in their affairs ; a great nianj
bauks were broken — a run being made upon all
that would not come into the system of the na-
tional bank. The deposit banks above all van I
selected for pressure. Several of tliem were I
driven to suspension — some to give uj) the de- 1
posits — and the bank in Washington, in whicii I
the treasury did its business, was only savfl I
from closing its doors by running wagons wiiij

ANXO nn ANDREW JACKSOy. PMSIDF.NT.

425

licir ally, tlw \m\
conciliatinc p<il;i;.
ILstrtssinK tlie [ko-
f the comMntiti. 'J
lowcr and Bccnre %
the vcniil, tcrrifv.
c country, (Icsitr'T-
, and fiilHtly accii-
crimes and niif('.(-
ind fearless, lie stdi 1
as of the combiniil
great and inccf^nr.t,
rs, and great a1iil.!y
poke myself aVi\v
en; nil many tinier.
itmoBt ; for wo M<.
was that of the conn-
thc people — and tU
m, the delivering u;.
domination of ammi-
no mode of govtni-
ition and oppression,
sly in both Houses;
the Senate against i
had some chance kt
ms were not for tk-
» — not to change sena-
the masses through- I
borne down by a m-
nate, we looked wiih
' the building ; and de-
he contemplation of a
om the elections of the
;ir good cause. It \va-
cqueville to have look-
lich way the differciiM
the direct vote of the
ic indirect vote of the
iltrated" through the
intermediate body.
us and forged, yet the
id an immensity of mir
f individuals were nun-
affairs ; a great many
run being made upon all
ito the system of tlie nv 1
)sit banks above alWorv j

Several of them were'
-some to give up the dH
in Washington, in wbicii I
usiness, was only eavei
by running wagons v'W

ipcoic through mud and mire from the mint in
phila'lelplii* to the bank in Washington, to
•upi'lv th*' plaw "f what was haiile<l from the
tunk in Washington to the national bank in
I'hiia'leiphia — the two sets of wagons, one p<>-
ir Rnd one coming, often passing each other
,11 the road. But, while ruin was poing on
uiwin others, the great corporation in Philadel- '
•hia was doing well. The distress of the coun- !
trv was its harvest ; and its monthly returns ]
showed constant increases of specie. j

When all was over, and the Senate's scn-
jince had been sent out to do its office among
the people. General Jackson felt that the time
had come for him to speak ; and did so in a
•■Protest," addressed to the Senate, and re-
markable for the temperance and moderation
( f its language. He had considered the pro-
wiling against him, from the beginning, as
illegal and void — as having no legislative aim
(ir object — as being intended merely for cen-
sure; and, therefore, not coming within any
power or duty of the Senate. He deemed it
LXtra-judicial and unparliamentary, legally no
more than the act of a town meeting, while in-
vested with the forms of a legal proceeding ;
aid intended to act upon the public mind with
t u force of a sentence of conviction on an im-
[itachment, while in reality but a personal act
a;ninst him in his personal, and not in his
official character. This idea he prominently
jiut forth in his "Protest;" from which some
lliassages are here given :

• The resolution in question was introduced,
Idiscusscd, and passed, not as a joint, but as a
tparato resolution. It asserts no legislative
[|)ower, proposes no legislative action ; and
neither possesses the form nor any of the attri-
Dutcs of a legislative measure. It does not ap-
icar to have been entertained or passed, with
iny view or expectation of its issuing in a law
kr joint resolution, or in the repeal of any law
pr joint resolution, or in any other legislative
ction.

" Whilst wanting both the form and substance
bf a legislative measure, it is equally manifest,
|hat the resolution was not justified by any oi'
he executive powers conferred on the Senate.
piegc powers relate exclusively to the consider-
Jion of treaties and nominations to office ; and
tiey are exercised in secret session, and with
loved doors. This resolution does not apply
T any treaty or nomination, and was passed in
I public session.
" Nor docs this proceeding in any way belong
1 that class of incidental resolutions which re-

late to the officers of the Senate, to their clmin-
Iht. and othrr appurtcnanciw, or to subji-ctn of
onKr. and other nmtters of the like natun — in
all which eitluT House may lawfully proc^vd
without any co-o|)eration with tin- other, it
with the I'repidi-nt.

'•On the contrary the whole phrascolojry and
sense of the ivsolution pcoin to lie judicial. Its
essence, true character, and only practicul etlict.
are to l>e found in the conduc*- which it charp'S
u|)on the President, and in the judnuunt which
it pronounces on that conduct. The resolution,
therefore, though (liscussed an<l adripted by the
Senate in its legislative capacity, is, in its olhce,
anil in all its characteristics, essentially judicial.

"That the Senate possesses a high judicial
power, and that instances may occur in which
the President of the United States will be ame-
nable to it, is undeniable. But under the pro-
visions of the constitution, it would seem to bo
eqiially plain that neither the Prc.sirlint nor any
other officer can be rightfully sulijected to tho
operation of the judicial power of the Senate
except in the cases and under the forms pre-
scribed by the constitution.

"The constitution declares that 'the Presi-
dent, Vice-Pre.sident, and all civil ofTicers of the
United States, shall be removed fiom office on
impeachment for, and conviction of treason, bri-
bery, or other high crimes and misdemeanors'
— that the House of Representatives ' shall have
the sole power of impeachment ' — that the Senate
' shall have the solo power to try all impeach-
ments ' — that 'when sitting for that purpose,
they .shall be on oath or affirmation' — that
'when the President of the United States is
tried, the Chief Justice shall preside' — that no
person shall be convicted without the concur-
rence of two-thirds of the members present'
— and that 'judgment shall not extend further
than to remove from office, and disqualification
to hold and enjoy any office of honor, trust or
profit, under the United States.'

" The resolution above quoted, charges in sub-
stance that in certain proceedings relating to tho
public revenue, the President has usurped au-
thority and powc" not conferred upon him by
the constitution and law.s, and that in doing so
he violated both. Any such act constitutes a
high crime — one of the highest, indeed, which
the President can commit — a crime which justly
expo.se8 him to impeachment by the House of
Representatives, and upon due conviction, to re-
moval from office, and to the conijilete and im-
mutable disfranchisement prescribeil by the con-
stitution.

"The resolution, then, was in substance an
impeachment of tho President ; and in its pas-
sage amounts to a declaration by a majority of
the Senate, that he is guilty of an imiwachablo
offence. As such it is spread upon the journals
of the Senate — published to the nation and to
tho world — made part of our enduring archives
— and incorporated in the history of the age.
The punishment of removal from oiBcc and fu*

■£•„»

42C

TIIIUTY YKARS' VIKW.

tmv <]i>r|uulirirutinii, dofs not.it i.^ tnic, follow
Ihis (k'ci-ifin ; nor would it have followed the
.ike decision, if the rcpihir forms of proceeiiiii^
liad iM'fii |)iirsiic»l, Wcause the rerniiKite nmnlK.'r
(lid nut (-'incur in the rexnlt. Itiit the mornl
iiifliifmc of a solemn detluration, by n majority
of the S( iiate, thot the at-custHl i.s jjuilty of the
ollence chargeil npon him, lian Iwen aH eifcctual-
ly s».K,ured. us if the like declaration had been
niade upon an iin|K;achmcnt expressed in the
same terms. lndce<l, a greater practical elfect
h:is l»een gained. l)ecau;se the votes given for the
resolution, tliough not sullicient to authorize a
judgment of guilty on an imiKjachment, were
numerous enough to carry that resolution.

'■ 'i'hat the resolution does not e.xpressly allege
that the assumption of power and authority,
which it condemna, was intentional and corru5)t,
is no answer to the preceding view of its char-
acter and elllrt. The act thus condemned, ne-
cessarily implies volition and design in the in-
dividual to whom it is imputed, and being un-
lawful in its character, the legal conclusion is,
that it was prompted by improper motives, and
counnitted with an unlawful intent. The charge
is not of a mistake in the exercise of supposed
powers, but of the assumption of powers not
conferred by the constitution and law.s, but in
derogation of both, and nothing is suggested to
excuse or palliate the turpitude of the act. In
the absence of any such excuse, or palliation,
there is room only for one inference ; and that
is. that the intent was unlawful and corrupt.
Besides, the resolution not only contains no
mitigating suggestion, but on tho contrary, it
holds up the act complained of as justly ob-
noxious to censure and reprobation ; nnd thus
as distinctly stamps it with impurity of motive,
as if the strongest epithets had been used.

" The President of tho United States, there-
fore, has been by a majority of his constitutional
triers, accused and found guilty of an impeach-
able olfenco ; but in no part of this proceeding
have the directions of tho constitution been ob-
KeiTed.

" The impeachment, in.''toad of being preferred
and pros'jcuted by the House of llepresenta-
tives, originated in the Senate, and was prose-
cuted witliout tho aid r concurrence of the
other House. Tho oatli or ulTirmation pre-
scribed by the constitution, was not taken by
the senators ; the Chief Justice did not preside ;
no notice of the charge was given to the accus-
ed ; and no opportimity aflbrded him to respond
to the accusation, to meet his accusers face to
face, to cross-examine the witnesses, to procure
counteracting testimony, or to be heard in his
defence. The safegiiards and formalities which
the constitution has connected with the power
of impeachment, were doubtless supposed by
the framers of that instrument, to be essential
to the protection of the public servant, to tho
attainment of justice, and to the order, impiir-
tiality, and dignity of tho procedure. Those
eafcjjuardii and Ibrmalities were not only pi'a.ti-

cally disregarded, in the commcnoemont .ind cor.
duct of thes« procee<lings. lint in their nsnlt I
(Ind myself convicted by less than two-iliirrlj,(
the members present, of an imiieachable o1!'id(h."

IIavin<? thus shown the proceedings of t|,,
Senate to have been extra-judicial and the me;?
fulmination of a censure, s\ich as might anv.".
from a '■ ma.s8 meeting," and finding no warrant in
any right or duty of the body, and intended fuf
nothing but to operate upon him personally, l.-
tlien showed that senators from three States lal
voted contrary to the sense of their rcspectiv.-
State legislatures. On tiiis point he said :

"There are also some other circumstances ci-n-
nected with the di.«cussion and passage of i|,,.
resolution, to which I feel it to be, not only mv
right, but my duty to refer. It appears by the
journal of the Senate, that among the twenty-
six senators who voted for the resolution on lis
final passage, and who had supported it in di-
bate, in its original form, were one of the scni-
tors from the State of JIaine, the two scKators
from New Jersey, and one of the senators from
Ohio. It also appears by the pame journal, ami
by the files of the Senate, that the legislatures of
these States had severally expressed their o|iiii.
ions in respect to the Executive proccediiip!
drawn in question before the Senate.

" It is thus seen that four senators have de-
clared by tiieir votes that the President, in tlic
late Executive proceedings in relation to the
revenue, had been guilty of the impeachable of-
fence of ' assuming upon himself authority and
power not conferred by tho constitution and
laws, but in derogation of both,' whilst the le;;- 1
islatures of their respective States had delitxr- 1
ately approved those veryproceedings, as consist-
ent with the constitution, and demanded by the I
public good. If these four votes had been glTcn
m accordance with the sentiments of the Ivirisla-
tures, as above expressed, there would have )j«en |
but twenty-four votes out of forty -six for cen-
suring tho President, and the unprecedented re- 1
cord of his conviction could not have been plad |
upon the journals of the Senate.

" In thus referring to the resolutions and in- 1
structions of State legislatures, I disclaim and
repudiate all authority or design to interfere with I
the responsibility due from members of the Se- 1
nate to their own consciences, their constituenu I
and their country. The facts now stated lx'lo3» |
to the history of these proceedings, and are im-
portant to the just development of the principb I
and interests involved in them, as well as tothl
proper vindication of the Executive dcpartincnl; I
and with that view, and that view only, arcthty [
here made the topic of remark."

The President then entered his solemn pn> I
test against the Senate's proceedings in the* I
words :

ANNO 18r,j. ANDUKW JACKSON', PRt>II)KNT.

427

"Wiiii tlii-i view, niul for tho reapons which
t.iTC U^n statiil, i <lo hereby Koli-iiiniy protest
xMU>t the atorenienti<)iie(i proceedinRs of the
.> naie.ii-suiiaiiihurizcd by the constitution; con-
irarv to ils s|iirit and ti) several of its erpresn
1 rovlsioiis ; 8nl)verf'ivo of that distribution of the
lowirs of (lovernincnt which it has ordained and
, laMished ; destructive of the checks and safe-
•iianis liV which those powers were intended,
uii the line hand, to bo controlled. an<l. on the
111 her. to be protected; and calculated, by their
iiiiiiK'tliHte and collateral etl'ccts, by their charac-
ter ami tendency, to concentrate in the hands
of a body not directly amenable to tlie people,
adi'prec'of influence and power danjrerous to
t;,cir lilx.rties, and fatal to the constitution of
tluir elioice."

And it concluded with an atrecting appeal to
his private history for the patriotism and integ-
rity of hi.s life, and the illustration of his con-
duct in relation to the bank, and showed his re-

j liMCC on God and the People to sustain him ;
and looked with confidence to the place which
justice would assign him on the page of history.

f'lhis moving peroration was in the.»'^ words :

■ Tiie resolution of the Senate contains an im-
1 putation upon my private as well as upon my
limblic character; and as it must stand for ever
Inn their journals, I cannot close this substitute
Ifor that (lefc-nce which I have not been allowed
Ito present in the ordinary form, without remark-
liiv,', that I have lived in vain, if it be necessary
llo enter into a formal vindication of my charac-
ItiT and purposes fi'om such an imputation. In
jvain do I bear upon my person, enduring memo-
rials of that contest in which American liberty
|wa.s purchased; in vain have I since perilled
j)io|)tTty, f;mie, and life, in defence of the rights
^nd privileges so dearly bought : in vain am I
mv, without a personal aspiration, or the hope
pf individual advantage, encoimtering responsi-
lihties and dangers, from which, by mere in-
ictivity in relation to a single point, I might
pave lieen exempt — if any serious doubts can
; entertained as to the purity of my purposes
M motives. If I had been ambitious, I should
bve sought an alliance with that powerful in-
btitution, which even now aspires to no divided
npiie. If I Imd been venal, I should have
M myself to its ..designs. Had I preferred
ersonal comfort ancl official ease to the perform-
oce of my arduous duty, I should have ceased
I molest it. In the history of conquerors and
fcurpers, never, in the fire of youth, nor in the
\fw of nianhood, could I find an attraction to
pre me from the path of duty ; and now, I shall
prceiy tind an inducement to commence the
kreer of ambition, when gray hairs and a de-
kyiiiir frame, instead of inviting to toil and bat-
|e, call nie to the contemplation of other
itrlds, where cjuquerora cease to bo honored,

and URurporn expiate their crinies. Tho nnlv
ambition 1 can feel, is to n((|iiit iny.>ieir t" lliin
to whom I must sunn n'ti'ler an aicounf i^f my
stewardship, to seiTe my fi'lli>w-niiii, and livt>
respected ami hoiKired in the history of uiv
country. No; the auiliiti<>n wiiirh jeaiis ii.e
on, is an anxious desiiv and a fixed deteruiitia-
tion, to return to tlie jK'<ipie, )iniui]iaireil. the
sacred trust they have contided to my ciiaiiii —
to heal the wounds of the constitution and pre-
serve it from further violation ; to persuade my
countrymen, so far as I may, that it is not in a
splendid government, supporteil by powerful
monopolies and aristocratical esliililishments,
that they will find happiness, or their lilierties
protected, but in a plain system, voitl of jwiiip
— protecting all, and granting favors to none —
dispensing its blessings like the dews of heaven,
unseen and unfelt, save in the freshness and
beauty they contribute to produce. It is such
a government that the genius of our people re-
quires — such a one only under which ouriStates
may remain for ages to tjme, united, prosjwr-
ous. and free. If the Almighty Being who has
hitherto sustained and protected me, will but
vouchsafe to make my feel)lo powers instru-
mental to such a result, I shall anticipate with
pleasure the place to be assigned nie in tho
history of my country, and die contented with
the belief, that I have contributed in some small
degree, to increase the value and prolong the
duration of American liberty.

" To the end that the resolution of the Se-
nate may not be hereafter drawn into precedent,
with the authority of silent acquiescence on the
part of the Executive department ; and to tho
end, also, that my motives and views in tho
Executive proceeding denounced in that resolu-
tion may be known to my fellow-citizens, to the
world, and to all posterity, I respectfully re-
quest that this message and protest may be en-
tered at length on the journals of the Senate."

No sooner was this Protest read in the Senate
than it gave rise to a scene of the greatest ex-
citement. Mr. Poindexter, of Mississippi, imme-
diately assailed it as a breach of the privileges of
tho Senate, and unfit to be received by the body.
He said : " I will not dignify this paper by con-
sidering it in the light of an Executive message :
it is no such thing, I legard it simply as a
paper, with the signature of Andrew Jackson ;
and, should the Senate refuse to receive it, it
will not be the first paper with the same signa-
ture which has been refused u hearing in this
body, on the ground of the abusive and vitupe-
rative language which it contained. This effort
to denounce and overawe the deliberations of
tho Senate may properly be regarded as capping
the climax of that systematic plan of o{)eration8
which had for several years been in progress,

a . ■■■

.i:.i<'

' ■ If, ■

428

THIRTY YKARS' VIKW.

"••^

deeipnt'fl to Iirincr this boily into disropiite nmonc
the ppoplc, iiiui iliiTi'liy rt'iii'ivo the only cx'xt^t-
irif; Ijarrior lo the nrMtrnry I'lHToactimtnts and
usurpations of Kxeciitive power:"— uid lie mov-
ed (liat tlic pi|K'r, ns lie called it, nhould not be
received. Mr. 13enton deemed this a proper
orca.'iion to pivc notice of his intention to move
a strong Tneasurc which he cont'-r plated — an
exptmfrinn n'Kolntion npiinst the sentence of the
Senate: — a iletermination to whir' he h.^l come
from his own convictions of ripht nn ' wJiich he
now announced without consulti.tion with any
of his friends. He deemed this movement too
hold to he submitted to a council of friends — too
darinp to expect their concurrence ; — and believed
it was better to proceed without their know-
ledge, than af^jainst their decision. lie, there-
fore, delivered his notice e.v abruptu, accom-
panied by nn earnest invective npiinst the con-
duct of the Senate ; and committed liimsclf irre-
vocably to the prosecution of the " cxpunping
resolution " until he should succeed in the effort,
or terminate his political life : lie said :

" The p(iblic mind was now to bo occupied
with a question of the very first moment and
importance, and identical in all its features with
the fireat question prowing out of the famous
resolutions of the English House of Commons
m the case of the Middlesex election in the year
17()8 ; and which engrossed the attention of the
British empire for fourteen years before it was
settled. That question was one in which the
IIou<e of Commons was judged, and condemned,
for adopting a resolution which was held by the
subjects of the British crown to be a violation
of their constitution, and a subversion of the
rights of Englishmen : the question now before
the Senate, and which will go before the Ame-
rican people, grows out of a resolution in which
he (Mr. B.) belii^ved that the constitution had
been violated — the privileges of the House of
Representatives invaded — and the rights of an
American citizen, in the person of the President,
subverted. The resolution of the House of
Commons, after fourteen years of annual mo-
tions, was expunged from the Journal of the
House ; and he pledged himself to the American
people to commence a similar scries of motions
with respect to this resolution of the Senate.
He had made up his mind to do so without con-
sultation with any human being, and without
deigning to calculate the chances or the time of
success. He rested under the firm conviction
that the resolution of the Senate, w^hich had
drawn from the President the calm, temperate,
and dignified protest, which had been read at
the table, was a resolution which ought to be
expunged from the Journal of the Senate ; and
if any thing was necess:iry to stimulate bis

sense of dtity in making a motion to tliattrti'^
and in encouraging others after he was pof,,. ,!,
following Hj» that motion to »uccc!>i. it woiiMi.
found in the history and icrminationof thcsiinK
I'lr motion which was made in the Kngli^l| H,,,,^,
of Commons to which he had referncl. 'n,,.
moti(mwas renewed for fourteen ycnro— frr.^^
17(iH to 17H2 — before it wa« successr 1. j„f
(he first seven years, the lofty and iiidjjmar,'
majority did not condescend to rt|ily to il„
motion. Tlu-y sunk it under a ileaii vote i.
often as prenentcd. The second sevin year.
they replied ; and at the end of the term, ani 1
on the assembling of a new Parlinmint. tl,'
veteran motion was carried by more than tir<
to one ; and the gratifying spectacle was iKhdi I
of a j)ublic expurgation, in the face of t!io is. [
.sembled Commons of England, of the ohnoxinui
resolution from the Journal of the House. Tli,
elections in England were septennial, ami n \
took two tcnns of seven years, or two pmn.
elections, to bring the sense of the kingdom t,
bear upon their representatives. The t!eetion>
of the Senate were sexennial, with iiitiTcjiiarv i
exits and entrances, and it might take a lt'ss,(f
a longer period, he would not presume to w f
which, to bring the sense of the American jicoplf
to bear upon an act of the American Senate
Of that, he would make no calculation ; but the I
final success of the motion in the P^ngli.sh Ilom«
of Commons, after fourteen years' peiseveraiift. |
was a sufficient encouragement for him tobepii!,
and doubtless would encourage others to con-
tinue, until the good work should be crownd
with succes.s ; and the on^y atonement niadt I
which it was in the Sensite's pt .ver to make, to |
the violated majesty of the constitution, the ini
vadcd privileges of the House of Kepresentativos
and the subverte<l rights of an American citizen
" In bringing this great question before tht
American people, Mr. B. should consider himf
self as addressing the calm intelligence ofani
enlightened community. He believed thebodvl
of the American people to be the most enlighten- 1
ed community upon earth ; and, without the lensi |
disparagement to the present Senate, he iuuhI
be permitted to believe that many such Senate; I
might bo drawn from the ranks of the peopkf
and still leavo no dearth of intelligence behindl
To such a community — in an appeal, on « pre«l
question of constitutional law, to the iindnT
standings of such a people — declamation, pi!-|
ijion, epithets, opprobrious language, would I
stand for nothing. They would fioat, hannleisl
and unheeded,*through the empty air, and striktl
in vain upon the ear of a sober and dispaseioiui(|
tribunal. Indignation, real or affected ; wraikl
however hot ; fury, however enraged ; asseven-j
tions, however violent ; denunciation, howererl
furious ; will avail nothing. Facts— incxonli!(|
facts — are all that will bo attended to ; rcaaii,!
calm and self-possessed, is all that will beliftei-l
cd to. An intelligent tribunal will exact tinl
respect of an address to their understanding!!
and be that wishes to be heard in this gittil

lir

r^t

ANNO 1831. ANnilKW JACKSON. rUiyiDENT.

429

jiH-.'lion. or iKiing heard, would wwh to be
htt^Wil. will havo occasion to Ih3 clear and cor-
riTt in h\!* facts ; clofc and jHrBpicuous in hit
duplication I'f law ; fair and candid in his con-
,lii*ionrt and inforcnccs ; temiRTato and deco-
rous in hi'' lunpiiapj; and Hcnipiiiously free
fiiiin cviry taint of wnxcancc and nialicu. So-
enmlv iniinossed with tiio truth of all these
i,,nvictii>n:<, it was tlie intention of himself (Mr.
II. , wliatcviT the exanipio or tho provocation
miilit lit — never to forget his place, his suliject,
III, amiiiiice, and his object — never to forget
ilut he uas sjK'akinK in tho American Senate,
„n a question of violated constitution and out-
nijreii individual right, to an audience compre-
litiiiiinp tho wliolc body of tho American people,
mill for tho purpose of obtaining a righteous
(Itfision from the calm and sober judgnjont of
a hip iiinded, intelligent, and patriotic com-

iiHinitv.

• J 111' question immediately before the Senate
v,,v^ mil' "f minor consequence ; it might be
(•alk'il a question of small import, except for
the ell'uct which tho decision might have upon
the Senate itself. In that point of vieWj it
iiiiL'ht He a question of some moment ; for, with-
out refen ncc to individuals, it was essential to
he cause of free govcinmei'ts, that every de-
partnient of the government, tFie S-enate mclu-
rive. should so act as to prosci ve to itself the
risiKct and the conlidenco of tho country. The
iimnediate question was, upon the rejection of
the President's message. It was moved to
I reject it— to reject it, not after it was considered,
[ hut before it was considered ! and thus to tell
ihe American people that their President shall
I nit lie heard — should not be allowed to plead
his defence — in the presence of the body that
cmdcinned him — neither before the condemr a-
liioii, nor after it! This is the motion: and
I ceituinly no enemy to the Senate could wish it
1 1 miscarry. The President, in the conclusion
of his message, has respectfully r.quested that
lis defence might be entered ujwn the Journal
I of tlie Senate — upon that same Journal which
[contains the record of his conviction. This is
[the request of the President. Will the Senate
ileny it ? Will they refuse this act of sheer
[justice and common decency? Will they go
[further, and not only refuse to place it on the
[journal, but refuse even to suffer il to remain
I in the h^enate ? Will they refuse to permit it
jta remain on file, but send it back, or throw it
lout of doors, without condescending to reply to
I it ? For that is the exact import of the motion.
jnow made ! Will senators exhaust their minds,
[and their bodies also, in loading this very com-
anication with epithets, and then say that it
Ishall not bo received 1 Will thty receive me-
linorials, resolutions, essays, from "11 that choose
Ito abuse the President, and not receive a word
lof defence from him ? Will they continue the
hpcctacle wiiich had been presented here for
Ithree months — a daily presentation of attacks
lupoD the Pi-esident from all that choose to at-

tack him, young and idd, boys and men — attack*
echoing the very kduhiI nf thi.t risolniion, anil
which are not only rtciivcd and liied liere, but
printed, whith, iMinsibly, the twenty-fix conlil
not unite here, nor go to trial iiiimi any where I
I'e remarked, in the tliinl yhirv, ii|on tlieetlei't
produced in tlio character of the rcttoiution, and
atllrmed that it was nothing, lie mu[ tiiat the
same charge ran through all three. They all
three imputcnl to tho I'resiilent u violation of
tho constitution and laws of the country — of
that constitution which ho was swoni to smy
port, and of tliose laws which he was not oni_>
bound to obse'To himself, but to cause to bo
faithfully observed by all othcrn.

"A violation of the constitution and of the
laws, Mr. B. said, were not abstractions and nu ta-
physical subtleties. They must relate to i>eri-ons
or things. The violatiims cannot rest in tho
air ; they must affix themselves to men or to
property ; they must connect themselves with
the transactions of real life. They cannot t>o
ideal and contemplative. In omitting the spe-
cifications relative to tho dismission of one
Secretary of the Treasury, and t!ie appointment
of another, what other specifications were adopt-
ed or substituted / Certainly none ! AVhat
others w ere mentally intended ? Surely none !
What others were suggested ? Certainly none !
The general charge then rests ujjon the same
specification ; and so completely is this the fact,
that no supporter of the resolutions has thought
it necessary to make the least alteration in hia
speeches which supported the original resolu-
tion, or to say a single additional word in favor
of the altered resolution as finally passed. The
omission of tho specification is then an omission
of form and not of sjibstance ; it is a change of
words and not of things ; and the substitution
of u derogation of the laws nd constitution,
for dangerous to the liberties of tho jicoplo, is a
still more flagrant instance of change of words
without change of things. It is tautologous
and nonsensical. It adds nothing to the general
charge, and takes nothing from it. It neither
explains it nor qualities it. In the technical
sense it is absurd ; for it is not the case of a
statute in derogation of the common law, to
wit, repealing a part of it ; in tho common par-
lance understanding, it is ridiculous, for the
President is not even charged with defaming
the constitution and the laws ; and, if he was
so charged, it would present a curious trial of
acandatum ma^nalum for the American Senate
to ongage in. No ! said Mr. 13., this derogation
clause is an expletion ! It is put in to fill up !
The regular impeaching clause of dangerous to
the liberties of the people, had to be taken out.
There was danger, not in the people certainly,
but to the character of the resolution, if it staid
in. It identified that resolution as an im-
peachment, and, therefore, constituted a piece
of internal evidence which it was necessary to
withdraw ; but in withdrawing whicii, the cha-
racter of the resolution was not altered. The

^iiJ*^-^**^vri#i,

"IIIRTY YEARS' VIEW.

W':-m

rlinrpp for vinlatinfr the lawn nntl thi conRtitn-
(i(»n Ktill stood; ari'l tlic Biibxtitnted ciaime wan
noflmin hut II KtojiiKT if) a vncunni— 0''<litional
Bonml without ndifitional ponse, to fill up a
blank ami round oil' a Ht'ntcnro.

'• After Hhowiiiu tiie inipoaciiiiif? character of
tlie Senate's recolutio;-. from its own internal
cviilence, Mr. li. ha«l recourse to ^mother de-
Bcrijition of cvi<!encc, ncarcely inferior to the
resolutions themselves, in tli'? authcnfic inter-
pretations of their mcaninp; He allmied to the
speeches made in support ot them, and which
had resounded in this chamber for three months,
and were no'.v circulating all over thr country
in every variety of newspaper and "iiamphlet
fornv. These speecheo were made by the iVii nds
(.: >h(', resolution to procure its adoption iuTe,
nnu to justify its adoption before tbe country.
Jet th'; country then road, let. the people read,
w!>i* iias been sent to tht-m f"r the purpose jf
juKtifyinp these re.^foltitions wliich they are now
t(i try ! 'i'liey will tiiirt them to be in the cha-
racter ot jiroset.'' ioii pIcadinRS against an n<.-
cus<-d man, on hi, iviul In! tli<> f'orni»i lesion of

preat crimes ! l-et Uii;i

ln(5k

these

speeclies, and mark ho pns.s^ifies ; they will
find limpfuapo i-ansMcii-ii J i^iory ni'nmaged, to
find words piiiliciei)*;y ;::rong, n >d examples
fcufHcicntly o()i<nia, to paint and exemplify the
enormity of the crime of which tiie President
was alleged to be guiity. After reading these
passages, let any one doubt, if he can, as to the
character >^f the resolution which was adopted.
Let him lioubt, if he can, of the impeachable
nature of thi; oiience which was charged upon
the President. Let him doubt, if he can, that
every Senator who voted for that resolution,
voted the President to be guilty of an impeach-
jsble offence — an ollence, for the trial of which
! (lis Senate is the appointed tribunal — an ofl'ence
wnich it will be the immediate duty of the
House of Kepresentatives to bring before the
Seriate, in a formal impeachment, unless they
disbelieve in the truth and justice of the reso-
lution which has been adopted.

*' Mr. B. said there were three characters in
which tfte Senate could act ; and every time it
acted it necessarily did so in one or the other of
t hese characters. It possessed executive, legis-
lative, and judicial characters. As a part of the
executive, it acted on treaties and nominations
to office ; as a part of the legislative, it assisted
in making laws ; as a judicial tribunal, it decided
impeachments. Now, in which of these charac-
ters did the Senate act when it adopted the re-
solution in question? Not in its executive
character, it will be admitted ; not in its legisla-
tive character, it will be proved : for the reso-
lution was, in its nature, wholly foreign to legis-
lation. It was directed, not to the formation of
a law, but to the condemnation of the President.
It was to condemn him for dismissing one Sec-
retary, because he would not do a thing, and
appointing another that he might do it; and
certainly this was not matter for legislation ; for

Mr. Dnanc cotild not bo restored by law, «,,
Mr. Tancv be put out by law. It wa-i to (v.^
vic't the President of violating the ronHfituti.r
and the laws ; and surely thene infractions i,,
not to Ik? amended by laws, but avengi<l hy t^,
and ptmishment. The von,- raturc of rhe f^.^'^
lution proves it to Ik; foni;^n to a!) I".- -latinn.
its form proves the ptjic tiling •, ibi- - i« y,
joint, to require the n.'-«ion ' '' \\w Hou-.'of R.
resentatives, and thus iij)ei< '■•..'u law: K.p i.^
followed by nn instru'iion lo a conmiittie
report a bill i.t conform ly to it A • jci,
■i ruction con!'! even naw be adtied * ikiumt ci,
mit! ig an ah.^nrdity oi' the most ridicuUu
cl«un-ter. Thdo was another resolution, w;ti,
which 'his must noi. Imj confounded, and Upoi i
which !in instnietion to a committee nii;rlit hj,!
been bottomed; it w,'\8 thu resolution , '.n,u
declared tht- , ^ocrcfaiy's reasons inv rtumln'
the dciiOiits !o bo in^iuiSlcient anil un t.i jficl
tory ; but no sud Jn.-^^ructiot. lias ' -n Kra ::.
ed even upor rhat resolution; so -'n.. itisi.ij
dent that no li';^is]ation of a?)} kind wae int*n(hil
to follow either resolution, even that to which I
legislation might have been appropriate, mwi
less that to which it would have Ikjcu an absurd- 1
ity. Four months have elapsed since tiie «<
lutions were brought in. In all that time, tiicre I
has been no attempt to found a legislative aci I
upon either of tbens ; and it is too late now to I
assume that the oic which, in its nature audiil
its form, is wholly foreign to legi.«lation. is » I
legislative act, and a(Jopted by the Senate in it; I
legislative character. No ! This resolution is
judicial ; it is a judgitiont pronounced upon an
imputed offence ; it ir the declared sense of 1 1
majority of the Senate, of the guilt of the Pre;:- 1
dent of a high crime and misdemeanor. It jj
in substance, an impeachment — an impcachmtDt |
in violation of all the forms prescribed by tie I
constitution — in violation of the privileges d I
the House of Representatives — in subversion of I
the rights of the accused, and the record of whicil
ought to be expunged from the Journal of tlie|
Senate.

" Mr. B. said the selection of a tribnnal I
the trial of impeachments was felt, by the con-l
vention which framed the constitution, as oral
of the most delicate and difficult taskswhidl
they had to perform. Those great men wertl
well read in history, both ancient and rao<leni [
and knew that the impeaching power — the usual I
mode for trying political men for political of i
fences — was often an engine for the gratiflcatioal
<)f factious and ambitious feelings. An impeacli-l
ment was well known to be the beaten road for I
running down a hated or successful politiciil
rival. After great deliberation — after weighinjl
all the tribunals, even that of the SuprHMj
Court — the Senate of the United States wail
fixed npon as the body which, from its constiti'-l
tiun, would be the most uiipartial, neutral, acj.!
equitable, that could be selected, and, with m
check of a previous inquisition, and prefect' I
ment of charges by the House of Representa'l

ANNO 183*. ANDREW JACKSON. rRF-SlDFNT.

431

restored Jiy law, i,.

1 1ft W. It WdX tOOfiT.

atiiif? the conffitutifl
• thene infractions ^^
s, but avciiKefl hy irj;
r>- r.aturo of -(lie rc^^
i^n to all I'r-latK.m
c tiling J (oi- ' in Ti'
n ''■ ihelfou ,of Rt
Si'! 'li'd la*;*'; icr L-i
on 1.0 a ronmiitfie
3' to i( l\' > • ich
be tukicc! ^^kluiiitT.:
' the most ridicuk.n,
lythor resolution, wHli |
confounded, and u[.ot
J ('ommittee nii;:lit ha-.. I
the resolntion , '.k!, j

reasons iov r' Didvin;
i'icient and un^vi i'ac- 1
ictioD lias ^•'"■n \fs\\-
tion; BO •'<!... H isfi j
f aji> kind waf int<;n(inl
ion, even that to which!
been appropriate, much |
Id have Iwen an absurd-
elapsed since the ns-

In all that time, there I
found a legislative act I
id it is too late now to I
ich, in its nature aud ia I
iipn to legislation, is » |
ted by the Senate in iti
fo ! This resolution is I
jnt pronounced upon an I
the declared sense of » I
of the guilt of the Pros;-
ind misdemeanor. It is I
liment — an impeachmmt I
forms prescribed by ttel
on of the privileges (f I
;atives — in subversion of I
I, and the record of which!
from the Journal of tht I

lection of a tribunal fori
nts was felt, by the con- 1

the constitution, as omI
md difficult tasks whici;!

Those great men wen I
oth ancient and modern. I
caching power — the usual j
ical men for political off
ngine for the gratification j
us feelings. An impeach- 1
to be the beaten road foil
d or successful politioll
iberation— after weighinfl
in that of the Suprtnu
' the United States m\
' which, from its conitiii-l
)st nnpartial, neutral, i^\
)e selected, and, with tht I
inquisition, and piesecf'j
be House of Representa'

I ,f«, would l>e the safest tribunal to which
cmihl 'x' C'lnfidi'd u |)Owor so great in itself, and
.0 su.'<<Tiitil)le "f beiiiir abu.<ed. The Senate was
.(■Itrti it ; and to show th.it he had not ovcr-
■Mt«.''l till' dillii ultienof the convention in making
tiic (^ili'ctiiin, lie woul'l take leave to read a pax-
.ii- from a work whicii was canonical on this
fuMcot, and frion an article in that work which
»as written by the gentleman whoso authority
wdiiM Iwive most weight on this occasion. lie
ftKike "f tl'" federalist, and of the article writ-
n by General Hamilton on the impeaching

i.y.ver:

" '••Awcll-<;onstitiited court for the trial of im-
™?ach:nents is on object not more to be desired
;ii,in diflicult to be obtained, in a goveruiucnt
ivholly elective. The subjects of its jurisdiction
are tliose offences which proceed from the mis-
conduct of public men ; or, in other words, from
the abuse or violation of some public tnist.
Tliey are of a nature which may, with peculiar
propriety, be denominated political, as they re-
late chiefly to injuries done immediately to so-
ciety itself. The prosecution of them, for this
reason, will seldom fail to agitate the passions
of the whole community, and to divide it into
parties more or less friendly or inimical to the
iicciused. In many cases, it will connect itself
with the pre-existing factions, and will enlist all
their animosities, partialities, influence, and in-
terest, on one side or on the other ; and, in such
aise.<, there will always be the greatest danger
that the decision will be regulated more by the
comparative strength of parties, than by the
real demonstrations of innocence or guilt. The
delicacy and magnitude of a trust which so
deeply conci'rns the political reputation and ex-
istence of every man engaged in the adminis-
tration of public affairs, speak for themselves.
The difficulty of placing it rightly in a govern-
ment resting entirely on the basis of periodical
jclections, will as readily be perceive(^ when it
[is considered that the most conspicuous charac-
ers in it will, from tliat circumstance, be too
[often the leaders or the tools of the most cun-
ing or the most niimerous faction ; and, on this
Mount, can hardly be expected to possess the
■cquisito neutrality towards those whose con-
uct may be the subject of scrutiny.
" 'The division of the powers of impeachment
ictween the two branches of the legislature, as-
iigning to one the right of accusing, to the other
he right of trying, avoids the inconvenience of
aking the same persons both accusers and
udges J and guards against the danger of per-
ution from the prevalency of a factious spirit
either of those branches.'
'"Mr. B. said there was much matter for elu-
lidation of the present object of discussion in
lie extract which he had read. Its definition
if an impeachable offence covered the indentical
"arge which was contained in the resolution
lopied by the Senate against the President.
lie offence charged upon him possessed every
ture of the impeachment defined by General

Ilaniiltim. It imputes nii^'undui-t. to a public
man, for the abuse and Niniatidii of a public
trust. The db«Mis>-iiin of tlie<'h:ir^'f has agitated
the pitssions of the whole romiiiutiiiy ; it lia.s
divi(U'<l the people into parties, .some fricnilly,
some inimical, to the accu,>e'', ; it has i-.mnecied
itself with the pre-existing purfit's. inli.-ting the
whole of the opposition iiarties tindir one ban-
ner, and calling forth all their aiiiuio.-ities — all
their partialities — all their inthunii — all their
interest; and, what was not foresein by (iine-
ral Hamilton, it has called forth the tremendous
moneyed jiower, and the penadiug orjranization
of a great moneyed power, wieldinj: a nutss of
forty millions of money, and sixty millions of
debt ; wielding the whole in aid and support ot
this charge upon the President, and working
the double battery of seduction, on one hand,
and oppression on the other, to put down the
man against whom it is directed ! This is what
General Hamilton did not foresee ; but the next
feature in the picture he did foresee, and most
accurately describe, as it is now seen by us all.
He said that the decision of the.se impeachments
would ofter be regulated more by the compara-
tive strength of parties than by the guilt or in-
nocence of the accused. How projihetic ! Look
to the memorials, resolutions, and jietitions, sent
in here to criminate the President, so clearly
marked by a party line, that when an exception
occurs, it is made the special suliject of public
remark. Look at the vote in the Senate, upon
the adoption of the resolution, also as clearly
defined by a party line as any party question
can ever be expected to bo.

" To guard the most conspicuous characters
from being persecuted — Mr. B. said he was
using the language of General Hamilton — to
guard the most conspicuous characters from
being persecuted by the leaders or the tools of
the most cunning or the most numerous faction
— the convention had placed the power of try-
ing impeachments, not in the Supreme Court,
not even in a body of select judges chosen for
the occasion, but in the Senate of the United
States, and not even in them without an inter-
vening check to the abuse of that power, by
associating the House of Representatives, and
forbidding the Senate to proceed against any
officer until that grand inquest of the nation
should demand his trial. How far fortunate,
or otherwise, the convention may have been in
the selection of its tribunal for the trial of im-
peachments, it was not for him, Mr. B., to say.
It was not for him to say how far the requisite
neutrality towards those whose conduct may
be under scrutiny, may be found, or has been
found, in this body. But he must take leave to
Bay, that if a public man may be virtually im-
peached — actually condemned by the Senate of
an impeachable offence, without the intervention
of the House of Renresentatives. then has the
constitution failed at one of its most vital points
and a ready means found for doing a thing
which had tilled other countries with pensccu

/,;•

'i i

432

THIK'n* YKAIIS* VIEW.

A'^^

tion, faction, and violence, and which it was
inl 'nfifl shoiiM ncvt-r Im* clone hero.

"Mr. 11. Ciillcil upon tlitt .Senate to rcrollcct
wlmt WHS the feature in the fninoufl court of
tlie Star {'iianilRT. which rendered that court
tliu nioHt odiouH that ever aat in Enfcland. It
waH not the nia»8 of ue enormities — preat as
tiiey were — for the regular tribunals wliicii jet
existed, exceeded that court, both in the mass
and in the atrocity of their crimes and oppres-
sions. '1 he ri'pulur courts in the compass of a
single reipi — that of James the Second ; a sin-
gle .judge, in a single riding — JefTries, on the
Western Civcuit — surpassed all the enormities
of the Star Chamber, in the whole course of its
existence. AV hat then rendered that court so
intolerably odious to the English people ? Sir,
said M"r. H., it was because that court had no
grand jury — because it proceeded without pre-
sentment, witiiout indictment — upon informa-
tion alone — and thus got at its victims without
the intervention, without the restraint, of an
accusing body. This is the feature which sunk
the Star Chamber in England. It is the feature
which no criminal tribunal in this America is
allowed to possess. The most inconsiderable
offender, in any State of the Union, must be
chai-ged by a grand jury before he can be tried
by the court. In this Senate, sitting as a high
court of impeachment, a charge must first be
presented by the House of Representatives,
sitting as the grand inquest of the nation. But
if the Senate can proceed, without the inter-
vention of this grand inquest, wherein is it to
ditfcr from the Star Chamber, except in the
mere execution of its decrees ? And what
other execution is now required for delinquent
public men, than the force of public opinion ?
No ! said Mr. B., we live in an age when public
opinion over public men, is omnipotent and ir-
reversible ! — when public sentiment annihilates
a public man more effectually than the scuffbld.
To this new and omnipotent tribunal, all the

tublic men of Europe and America are now
appily subject. The fiat of public opinion has
superseded the axe of the executioner. Struck
by that opinion, kings and emperors in Europe,
and the highest functionaries among ourselves,
fall powerless from the political stage, and wan-
der, while their bodies live, as shadows and
^phantoms over the land. Should he give ex-
lir amples ? It might be invidious ; yet all would
^.>'' recollect an eminent example of a citizen, once
■^' sitting at the head of this SenatepafEerwdrds
falling under a judicial prosecution, from which
he escaped untoucGed by the sword of the law,
yet that eminent citizen was more utterly an-
nihilated by public opinion, than any execution
of a capital sentence could ever have accom-
plished upon his.name.

" What occasion then has the Senate, sitting
as a court of impeachment, for the power of
execution 1 The only effect of a regular im-
peachment now, is to remove from office, and
disqualification for office. An irr^ular impeach-

ment will be tantamount to removtl and i!,t.
qualification, if the juctice of the M;iit(nc« :<
confided in by the people. If this condemnatii ^
of the President liad liecn pronounced in t!,
lirMt term of his administration, and the p«('r,|.
had Ijclieved in the truth and justice of the tfr\-
tence, certainly President Jackson would n.;
have bi>en elected a second time; and cvtrr
<j1)ject that a political rival, or a political part'
could have wisheil from his removal from ijfli(,
and disqualification for oflloo, would have Ik*;:
accomplished. Di.iqualitlcation for oflice— !«■.
of public favor — political death — is now thi
object of political rivalthip; and all this can U
accomplished by an inf> rmal, an well as by j
formal impeachment, if the sentenoo is only con-
fided in by the people. If the people IclicvH
that the President has violated the conKtitution
and the laws, he ceases to be the object of their I
respect and their confidence ; ho loses tluir
favor; ho dies a political death ; and th.it this
might be the object of tlie resolution, Mr. B.
would leave to the determination of thoso vhi
should read the speeches which wore delivcrcl
in support of the measure, and which wotilj
constitute a public and lasting monument of
the temper in which the resolution was pre-
sentcd, and the object intended to be acarn- 1
plishea by it.

" It was in vain to say there could be no i
object, at this time, in annihilating the polltinl
influence of President Jackson, and killing hin I
off as a public man, with a senatorial conviction I
for violating the laws and constitution of the I
country. Such an assertion, if ventured upon I
by any one, would stand contradicted by facts.
of which Europe and America are witness \ '
Docs he not stand between the country and tie |
bank ? Is he not proclaimed the sole obstacle
to the recharter of the bank ; and in its recharKi I
is there not wrapped up the destinies ol' a poli- 1
tical party, now panting for power ? RemoTt i
this sole obstacle — annili.lutc its influence— kill I
ofi' President Jackson with a sentence of cod- I
dcmnation for a high crime and misdemciiiior.|
and the charter of the bank will be renewed, and I
in its renewal, a political party, now thunderii;!
at the gates of the capitol, will leap into powixl
Hero then is an object for desiring theextinctinl
of the political influence of President Jacksonll
An object large enough to be seen by all Ameri-I
ca ! and attractive enough to enlist the combiiwdl
interest of a great moneyed power, and of agreit|
political party."

Thus spoke Mr. Benton ; but the debate oi|
the protest went on ; and the motion of JlrJ
Poindexter, digested into four diflcreat pro]*!
sitions, after undergoing repeated modificatiouj
upon consultations among its friends, and altel
much acrimony on both sides, was adopted hi
the fixed majority of twenty-seven. In Totiiij|
that the orotest was a breach of the privilc

AXNO 18S4. ANDREW JACKft«)N*. IllIMDEXT.

433

to retnoT'il knd (U
•e of thp M!nt('iK» y

If tl»i« coiuUiiinni. n
en jironounceU in tit-
ration, and till' pcdj,!
anil justice of the un-
t Jackson would t,/.
ond time, and evirr
111, or a political fian'
lis removal from ullid
ifllco, would have lict v
Ication for ofllce— lo^-
Hi death— is now tU
ip ; and all this can U
rmal, as well as by j
ic Bcntcnco ia onlyenn-

If the people bclicve.1
iolatcd tlio constitution
:o bo the object of their
Idence ; ho loses tliiir I
d death ; and that this
' tlie resolution, Jlr. B.
rmination of those vh)
;8 which were deliveH
!uro, and which would
I lasting monument o(
;he resolution was frt-

iutcnded to be acajiii-|

say there could be no I
annihilating the political
Jackson, and killing hia
h a senatorial conviction |
and constitution oftb
ertion, if ventured upon
id contradicted hy facts,
America are witncsi s
veen the country andtht
laimed the sole obstacle
jank ; and in its recharlcr
p the destinies of a poll- 1
ig for power? Rcmo«
i'.j.latc its influence— kl
with a sentence of COB-
crime andmisdemcaaotl
jankwill be renewed, and
eal party, now thunderiajl
itol, will leap into powl
for desiring theextincticil
ce of President Jadisonl
Ix to be seen by all Amervl
jgh to enlist the combidl
yed power, and of agtotl

■nton } but the debate oi|
and the motion of Mi,(
into four diflcreat propi>|
ng repeated modificati(«j
long its friends, and aftal
,th sides, was adopted t"!
twenty-seven. In TOtin|
a breach of the privile

tftbo Sen«t«, that body virtually affirmed the
impeachineut character of the condemnatory
rc«otntions, and involved itself in tlio pnxlica-
ment of voting an iuipcacltabie matter without [
(^Merring a single rule for the conduct of im- j
mtchments. The protest platxHl it in a dilemma.
it averred the Senate's judgment to bo without |
authority — without any warrant in the consti- ;
tutioD— any right in the boily to pronounce it |
To receive that protest, and enter it on the |
juumal, was to record a strong evidence against
themselves; to reject it as a breach of pri-
vilege was to claim for their proceeding the
immunity of a regular and constitutional act ;
lod as the proceeding was on criminal matter,
amounting to a high crime am I misdemeanor,
on which matter the Senate could only act in
\ti judicial capacity ; therefore it had to claim
the immunity that would b( ong to it in that
I capacity ; and assume a violation of privilege.
I Certainly if the Senate had tried an impcach-
Imcnt in due form, the protest, impeaching its
Ltistioe, might have been a breach of privilege ;
[but the Senate had no privilege to vote an im-
Ipcachable matter without a regular impeach-
IpKut ; and therefore it was no breach of privilege
■to impugn the act which they had no privilege
? commit. . .

CHAPTER CIV.

MB. WEBSTEB'S FLAN OF BEUEF.

|t has already been seen that Mr. Webster took
> direct part in promoting the adoption of the
olutions agamst General Jackson. He had
) private grief to incite him against the Presi-
|eDt; and, as first drawn up, it would have
t unpossible tar him, honored with the titles
["expounder and defender of the constitu*
Ion," to have supported the resolve : bearing
nly on its face impeachable matter. After
1 modifications, he voted for it ; but, from
beginning, he had bis own plan in view,
lich was entirely different from an attack on
! President ; and solely looked to the advan-
i of the bank, and the relief of the distress,
I a practical and parliamentary mode of legis-
]ion. He looked to a renewal of the bank
er for a short term, and with such modifi-

VoL. I.— 28

cations %n would tend to disarm opfiovition, and
to conciliate favor for il. Tlio t»nn of the re-
newal was only to Ix- for ■•ix years : a lentil <■(
time well choH-n ; b<caus»'. from the sliortius^
of the perioil, it would have an attraction fur all
that doss of nicmlwrs — always nioie or l«>s
numerouH in every assi-nibly — who. in every dif-
ficulty, are disposed to tem|)Orize and compro-
mise; while • the bank, in carrying its exi-t-
encc biyontl the presidential term of (lincral
Jackson, it felt secure in the future acquisition
of a full term. Betiides the attraction in the
short period, Mr. Webster proposed another
amelioration, calculated to have serious elVect ;
it was to give up the exclusive or monopoly
feature in the charter — leaving to Congress to
grant any other charter, in the mean time, to a
now company, if it pleased. The objectionable
branch bank currency of petty drafts was also
given up. Besides this, and as an understand-
ing that the corporation would not attempt to
obtain a further existence beyond the six years,
the directors were to bo at liberty to begin
to return the capital to the stockholders at
any time within the period of three years, be-
fore the expiration of the six renewed years
The deposits were not to be restored until aftei
the first day of July ; and, as an agreeable con-
cession to the enemies of small paper currency
the bank was to issue, or use, no note under the
amount of twenty dollars. He had drawn up n
bill with these provisions, and asked leave to
bring it in ; and, asking the leave, made a vcy
plausible business speech in its fuvor: the best
perhaps that could have been devised. In addi-
tion to hia own weight, and the recommenda-
tions in the bill, it was understood to be the
preference of Mr. Biddle himself — his own choice
of remedies in the difllculties which surrounded
his institution. But ho met opposition from
quarters not to be expected: from Mr. Clay, who
went for the full term of twenty years ; and
Mr. Calhoun, who went for twelve. It was dif-
ficult to comprehend why these two gentlemen
should wish to procure for the bank more than
it asked, and which it was manifestly impossible
for it to gain. Mr. Webster's bill was the only
one that stood the least chance of getting
through the two Houses ; and on that point he
had private assurances of support from friends
of the administration, if all the friends of the
bank stood firm In favoring this charter for

434

THIRTY YEAHS' VIKW

twelve years, Mr. Cnlhrviin folt th»t »n rxpluiv
'.ion of \i\H c(>n<liict wiks dw. to the ptililir, a.H ho
was well known to Imvo been opimimmI to tho
rcnowi''! <')iftrti'r, wlii'n so v< licmently atti'nijit-
eil, in lh.'{2 ; and ntlso Ajniiiist hnnks pnorally.
IIU explanation wii-, that lio con^iclvrtd it a
currency qiK'stion, and a (jiiestion U-twicn the
national and local hanks ; and that the nnewed
charter was to ojiorate against them ; and, in
windinp; itself up, was to cease for ever, having
llrst eHtaldiKhed a t^afe currenc}'. His frequent
expression was, that his plan was to " unbank
the banks : " a process not very intelligibly cx-
|)lained at the time, and on which he should be
allowed to speak for himself. Some passages
are, therefore, given from his speech :

" After a full survey of the whole subject, I
can see no meani< of extricating tho country
from its present danger, and to arrest its fur-
ther increase, but a Iwiuk, the agency of which,
in some form, or under some authority, is indis-
pensable. The country has been brought into
tho present diseased st.te of the currency by
banks, and must be extricated by their agency.
We must, in a woird, use a bank to unbank the
banks, to tho extent that miyr bo necessary to
restore a safe and stable currency— just as wo
apply snow to a frozen limb, in order to restore
vitality and circulation, or hold up a bum to
the ilamo to extract the inflammation. All must
see that it is impossible to suppress the bank-
ing system at once. It must continue for a time.
Its greatest enemies, and the advocates of an
exclusive specie circulation, must make it a part
of their system to tolerate the banks for a longer
)r a shorter period. To suppress them at once,
would, if it were possible, work a greater revolu-
tion : a greater change in the relative condition
of the various classes of the community than
would the conquest of tho country by a savage
enemy. What, then, must be done 1 I answer,
a new and safe system must gradually grow up
under, and replace, the old ; imitating, In this
respect, the beautiful process which we somo-
timcs see, of a wounded or diseased part in a
living organic body, gradually superseded by the
nealing process of nature.

" How is this to be effected ? How is a bank
to be used as the means of correcting the excess
of tho banking system ? And what bank is to'
be selected as the agent to effect this ilutary
change 1 I know, said Mr. C, that a diversity
of opinion will be found to exist, as to tho agent
to be selected, among those who agree on every
other point, and who, in particular, agree on the
nccessit}'>of using some bank as the means of
effecting the object intended ; one preferring a
simple rocharter of the existing bank — another,
the charter of a new bank of the United States
— a third, a new bank ingrafted upon tho old —

and a fourth, the uxc nf the State bnnlis. w thi
agent. I wish, said Mr. C, to leave all th<-)i(|.
open questions, to bo ranTully surviyid «ni
compan-d with each oth<r, calmly ami tii-j*..
sionately, without pnjiiilit <• or party fnlinic ; iivi
that to l>c hclerti'd which, on tin' whole, hluij
appear to be l>cst — the most (safe ; tlic tJiit
cflicicnt ; the most prompt in app!i<'aiion, an>{
the least liable to con>titutional ol))e<ii(,n, !•
wrtuld, liowevcr, Ix' wanting in candf)r on nir
part, not to declare that my impn'H>iion is, tlu'i
a new liankof the United States, ingraftid u|r,|j
tho olJ, will be found, under all the eiiriitn-
stances of the cu,'e, to combine tho greatest «(].
vantap's, and to be liable to the fuwt.st olijtr.
tions ; but this impression is not so finiily Iuh;
as to be inconsistent with a calm review of i|,
whole ground, or to prevent my yieldin;; In iln
conviction of reason, should the residt of sirt
review prove that any other is prclmlili.
Among its peculiar recommendations, may l« |
ranked tho consideration, that, while it wuiii
afford the means of a prompt and efTectiial »\r I
plication for mitigating and finally removinc tli» |
existing distress, it would, at the same liiw
open to the whole community a fair opporin- 1
nity of participation in tho aidvantagcs of t!i« I
institution, be they what they may.

"Let us then suppose (in order to illiiMnnu
and not to indicate a perference) that tli'i pn-
sent bank be selected as the agent to etrvot tbtl
intended object. What provisions will u\
necessary? I will suggest those that liaTeo'[
curred to me, mainly, however, with a view if |
exciting the reflection of those much ranrc f
miliar with banking operations than mysrlf,an:|
who, of course, are more competent to fiiniii|
correct judgment on their practical eflect.

"Let, then, tho bank charter be renewed fof I
twelve years after the expiration of the prcMitl
term, with such modifications and limitation.'ul
may be judged proper, and that after that [HriMl|
it shall issue no notes under ten dollars; tbil
government shall not receive in its duisMjl
sum less than ten dollars, except in the lejill
coins of the United States ; that it shall noil
receive in its dues the notes of any banktkl
issues notes of a denomination less than Hill
dollars; and that the United States Baitl
shall not receive in payment, or on deposit tkl
notes of any bank whose notes are not mwl
able in dues of the government ; nor the nitnl
of any bank which may receive the notes of jdI
bank whose notes are not receivable by I he pi
emment. At the expiration of six years from lil
commencement of the renewed charter, let tlup
bank be prohibited from issuing any note i
der twenty dollars, and let no sum under tU|
amount be received in the dues of the p ns
ment. 'xcept in specie ; and let the valm
gold CK aised at least equal to that of siltfd
to take eflect immediately, so that the couni!!^
may l)e replenished with the coin, the lightej
and the most portable in proportion to \ti\M
to take the place of the receding bank m

ANXO mu. ANDRKW JArKSOS, TRFMUKNT

433

npt in o|i|)!i'"ntion, a^i
itutional olijoction, I:
itin« in cundor on my
my imprt'siion is. that
il States, inpraftid u]fin
muU'r ull tlio circiiin.
oniliine the prcotcst »(!•
lile to the fcwisl ohjcr.
on ih not no liniily tm i
ith a cahn rt-viuw of il.
(vent my yielding tn tin
I mild the resnlt of such
(ly other is iircforablt
commendntions. may U
on, that, while it woiill
(fompt and eflcctual t\r
and tinally rcniovini: tl*
ould, at the same tiiw
rnmunity a fair opportii- 1
n the aiuvantages of i!* [
lat they may.
iBG (in order to illustml
perference) that tli-; pn>
as the agent to etfi t tk(
rhat provisions wll 1<
ipgest those that haf e (/■
however, with a vit'w i(
of those much innrcf
perations than myself, aa: I
lore competent to funnil
;heir practical eflect.
ik charter be renewed («
5 expiration of tlit' prcMl
fications and limitation! u I
, and that after that peri-ll
es under ten dollars ; tUl
it receive in its duesanti
jllars, except in the le?ill
States } that it ehall ii(l
jovemment ; nor tlie wm
nay receive the notes oiml
•e not receivable by t lie fj-l
iration of six years from iM
he renewed charter, let tr
from issuing any note «>
and let no sum under tli
in the dues of the pmn
ecie; and let the TaW
ist equal to that of sil'^l
diately, so that the coiBtiJ
I with the coin, the ligtitaP
ble in proportion to iuwii^
f the receding bank not*

It IS unnnrcB^ary fxr roe to it»tr, that ■! piv-
K„(, tliir RliindanI v»lur of ^i|i| ih Mvcral |N<r
,,tit. liKK than thai of BilTtr. tin- nofx-pnary cf-
f.<l of which hajt U-en tn t'XjH-l piM ontirely
frin our circulation, an<i thuH to ilcprive »n of
lemn «•* well cnlculited for the circulati'in of
I country no ^n^at in extent, ond having so vaitt
»a intercournc, comnuTcial, s<KMal, ami iiolitical,
Ut<re«n all itn parts, as ours. Ah itn addition-
ti reroiiunendatinn to rai.M! its relative vuliie,
jilij has, of I'l''. I" ' 'line an important product
cfthrc*' considerable States of the I'nion Vir-
ciiiia, North Carolina, and (leorgia — to the in-
iliintry of which, the measure proposed would
.,n' a Btronp inipuUo, and which in turn would
['rcatly incnaHe the quantity produced.

".Siicli are the me.iiiK which have occurred to
me. 'flicre are meml'crs of this body far more
I dimpctent to judjre of their practical oinration
tlun mvBelf, and as my object is simply to sug-
ire*t them for their reflection, and for that of
\iithen who arc more familiar with this part of
the (Hiltject, I will not at present enter into an
inquiry as to their efficiency, with a view of
(litenuininR whether they are fully adequate
Itn ert'cet the object in view or not. There arc
iloubtlcsa others of a similar description, and
|pi'rhap.s more efficacious, that may occur to the
Lxpericnccd, which I would freely embrace, as
Imy <il)ject is to adopt tho bcHt and most etll-
Iciiut. And it mny bo honed that, if on exi)c-
Irience it should be found that neither these pro-
iTioions nor any other in the p)\ver of Congrest',
|ajv fully adequate to effect the important re-
form which I have pro|io9cd, tho co-operation
ii tl>c States may be afforded, at least to the
Jf.xtent of suppressing the circulation of notes
[ituliT five dollars, where such are permitted to
I issued under their authority."

The ultimate object proposed to be accom-
blishcd by Mr. Calhoun in this process of "un-
kanking the banks," was to arrive eventually
111 by slow degrees, at a metallic currency, and
he revival of gold. This had been my object,
nd so declared in the Senate, from the time of
he first opposition to the United States jiank.
Ec had talked his plan over to myself and others :
l^e had talked over ours to him. There was a
Dint at which we all agreed — the restoration <rfa
^ttallic currency ; but differed about the means
-ho expecting to attain it slowly and eventu-
|ly, through the process which he mentioned ;

: we immediately, through the revival of tho
[lid currency, the extinction of the Bank of the
aited States, the establishment of an indepen-
Int treasury, and the exclusion of all paper
oney from the fedt t al receipts and payments.
lying hold of the point on which we agreed,
nd which was also the known policy of the

r irnl), Mr. Calhoun npitnhd to .Mr. .SUm
Wriu'ht and myKclfimd "|(m r fru nd» of tli<' ml*
miniHtrntii'U, to nupport hi-t | luii. lie hkhI:

" [f I iiiMhrxtand their view*, an i-xpri'»f«'«l
by the oenator fntii .Mi»n"PiMi. Uhind ii.o (.Mr.
Ilt'iiti'i)) — the ^«•natllr from Ntw-^url; (.Mr.
Wright); an<l otlier ilistin^'uiHlit-d mcniUri* nf
the jmrty, and the views of the IVcHidcnt. u*
expreBHi'ii in rep"! id c(invcrsati"ii!<. I etc nut
how they can reject the men iire {ta uit: bin
plan). They profcs.i to Ut iht- ailvocateH of u
metallic currency. I projHine to restore it by
the most etl'ectu.il measure.-* that can Ik; deviHeif;
gradually and nlowly, and to the extent tli:ii
e.\perience may show that it can be dune cou-
sistently with due regard to the public interest.
Further, no one can desire to go."

The rtftrencc here made by .Mr. Culhonn to
the views of the senator from Missouri was to
conversations held between them ; in which
each freely communicated his own plan. Mr.
Benton had not then brought forward his pro-
position for tho revival of the gold currency ;
but did so, (in a speech which he had studied),
the moment Mr. Calhoun concluded. That was
a thing understood between them. Mr. Cal-
houn had signified his wish to speak first ; to
which Mr. Benton readily assented : and both
took tho opportunity presented by Mr. AVel>-
ster's motion, and tho presentation of his plan,
to present their own respectively. Mr. Benton
presented his tho moment Mr. Calhoun sat
down, in a much considered speech, which will
be given in the next chapter ; and which was
the first of his formal speeches in favor of re-
viving the gold currency. In the mean time,
Mr. Webster's plan lingered on the motion for
leave to bring in his bill. That leave was not
granted. Things took a strange tuni. The
friends of the bank refused .n a body to give
Mr. Webster the leave asked: u\o enemies of
tho bank were in favor of giv'mz him the leave —
chiefly, perhaps, because his iticuds refused it.
In this state of contrariety among his friends,
Mr. Webster moved to lay his own motion on
the table ; and Mr. Forsyth, to show that this
balk came from his own side of the chamber,
asked the yeas and nays ; which were granted
and were as follows :

*'Yeas. — Messrs Black, Calhoun, Clay, Clay-
ton, Ewing, Frelinghuysen, Hendricks, King
of Georgia, Mangum, Moore, Naudain, Poindex-
ter, Porter, Prentiss, Preston, Bobbins, Sils

436

TIlIK-n' Y»JkIW VIKW.

Irm;, Smith, SiiiithanI, Hpraguf, Swift, Tomlin-
•oii, WikggKtiian, Wflmtcr.

"Navh.— MeMtn. Itcnt'in, Hrown, Forxyth,
Orutxly, Hill, Kano, Kii)|; of Alnbaina, MorriH,
Iloliinaon. Slu-iiloy, TalliiiMltff, Tipton, Wliitc.
Wilkitia, Wright.''

Thu exciiac for the morement — for thia un-
ex|)€ct('<l tvrtnination to Mr. Wehalcr'a motion
— waa that the .Senate mi^ht proceed with Mr.
Clay'a roaolution against Ueneral Jackson, and
come to a conclusion upon it. It was now time for
that conchiflion. It was near the last of March,
and the Virginia elections came on in April :
but the real cause for Mr. Webster's motion
was the settled opposition of hia p«>litical friends
to his plan ; and that waa proved by its subse-
quent fate. In his motion to lay his application
on the table, he treated it as » temporary dis-
position of it — the application to be renewed
tt some future time : which it never was.

CHAPTER CV.

BKVIVAL OF THE OOLI) CURRENCT-MU.
TON'S 8PEK01I.

BKM>

Mn. Benton said it was now six years since he
hod begun to oppose the renewal of the charter
of this bank, but he had not, until the present
moment, found a suitable occasion for showing
the people the kind of curroncy which they
wore entitled to possess, and probably would
possess, on the dissolution of the Bank of the
United States. This was a view of the subject
which many wished to see, and which he felt
bound to give ; and which he should proceed
to present, with all the brevity and perspicuity
of which he was master.

1. In the first place, he was one of those who
believed that the government of the United
States was intended to be a hard money govern-
ment : that it was the intention, and the decla-
ration of the constitution of the United States,
that the federal currency should consist of gold
and silver ; and that there is no power in Con-
gress to issue, or to authoiize any company of
individuals to issue, any species of federal paper
imrrency whatsoever.

Every clause in the constitution, said Mr. B.,
which bears upon the subject of money — every

early statute of Congresit kI ■ ntt i ^.^-u (j^
meaning of these rlaiiHes — a'.i. every hiittor^
recollection which nfera to them, fft h«^,i m
hand, in giving to that instrument tli numiiii;
I which this pro(iosition ascriiMM to it. T),
j power granted to Congrcus to c»)in money in,;,
authority to stamp nutallic money, ami in n< t
I an iiiitlujrity for emitting Hlips of |ia|ier i'i>iitt„i
ing promines to pay money. Tlio aiitliorii\
granted t» Congress to regulate the valm- . i
coin, in an authority to repilate the value c,f i|,^
metallic money, not of paiier. The pro|iil,iti„n
up'm the States against making any thing |,i^;
gol 1 and Hilver a legal tender, is a ninral |.r<>-
hibition, founded in virtue and honesty, ami ii
just as binding ufMin the federul government i>
upon the State governments ; and that withoi.;
a written prohibition ; for the difi'erenrc in the
nature of the two govcrnmentH is such, that the
States may do all things which they ari> nut
forbid to do : and the federal governniiiit caa
do nothing which it is not authorized hy the
constitution to do. The power to imnjsh the
crime of countcrfeitiag is limited to thu curnnt I
coin of the United States, and to tlio secnritiet
of' the United States ; and cannot be cxtindd
to the offence of forging paper money, but Lj
that ui\justiflabIo power of construction wliicli I
founds an implication upon an implication, aid I
hangs one implied power upon another. TIkI
word currency is not in the constitution, ucr I
any word which can bo made to cover a circa- [
lation of bank notes. Gold and silver ia tkl
only thing recognized for money. It is \k\
money, and the only money, of the constitution;!
and every historic recollection, as well us ctotI
phrase in the constitution, and every early eU'I
tute on the subject of money, confirms tbiil
idea. People were sick of paper money aboul
the time that this constitution was fuiwll
The Congress of the confederation, in the timl
of the Revolution, had issued a currency of pafsl
money. It had run the full career of that ml
rency. The wreck of two hundred milliins J
paper dolUrs lay upon the land. The burnt
of that constitution worked in the midst il
that wreck. They saw the havoc which j)i{«|
money had made upon the fortunes of indirii!]
als, and the morals of the public. They (
mined to have no more federal paper moot
They created a hard money government ; tin
intended the new goTemment to recogniu i

ANXO IHS4. AXURKW JACKSOX. I'RB^IDKXT.

437

— •'..1. every )li^t»^(
tu thfiii, ff> liaf |>a|K'r cnnuin-
unt'y. 'll'o Butliorn)
ngiilato till' valiif > i
piltttc the vului'iif lU
i\tuT. The jirohil/ition
iiiaktng any thing l/.;i
timlcr, is a nioral in^
ue and lioncsty, ami ii
federal govemnicm i*
L-nts -, and tiiat williui:-,
ur the diilerencc in the
nraents is Buch, that iIk
(fs wliich they art' nut
federal government ea
not authorized liy lit
10 power to i»unisl» tit
is limited to the curni.'. I
,eB, and to the seciiriiw
and cannot be cxtindd
ig paper money, but Ij
sr of construction wliicli
upon an iniplication, «di1
n-er upon another. TIkI
in the constitution, net
D made to coveracirraf
Gold and silver isilnl
i for money. It is m
ioncy,oftheconstitulioi!;l
allection, as wellascTcrjl
tion, and every early bU-I
of money, confirms tkl
ck of paper money atal
constitution was furmdl
confederation, in the timl
issued a currency of patal
he full career of that wl
' two hundred njini<'ii3tl|
n the land. The framail
worked in the mMil
aw the havoc which p«i«i|
m the fortunes of indirA
,f the public. Thcydewj
loro federal paper tuonr
money government ; ta
vemmentto recogniw*!

ihinf ("T tnonoy but ir'>M and MlUcr ; and rrrrj
nonl ailmilti'd into the ronNtitntion, upon the
fubjt'<'t of m inry, define* and rKtahliMhei* that
M.n-'l inJention.

I^'jti'Intive en!irtment,continiio«| Mr. B., rnmc
qiiiridv to the aid of conxtitutional intention
iiiil hi-toric rccollertion. The fifth «tatiit<!
[«.<n(d at tlie Hrnt neddion of the llmt Congrens
thai ever «at under the present constitution,
was full rnd explicit on thin liead. It deflneil
ilio liinfl of money which the federal treanury
nhnuld receive. The enactments of the statute
lire n'nmrl<ahle for their brevity and compre-
liin»ion, ai< well as for their clear interpretation
if the ronstitution ; and deservo to Iks repeated
anil rcmenilwrcd. They are : That the fees and
iluties payable to the federal government shall
Ik- received in gold and silver coin only -, the
[.•oM coins of Franco, Spain, Portugal, and Eng-
land, and all other gold coins of equal fineness,
at liphty-nino cents for every pennyweight;
the .Mexican dollar at one hundred cents ; the
tmvrn of Franco at one hundred and eleven
cent; ; and all other silver coins of equal fine-
ness, at one hundred and eleven cents per ounce.
This Btatutc was passed the 30th day of July,
1'89— just one month after Congress had com-
menced the work of legislation. It shows the
sense of the Congress composed of the men, in
irnat part, who had framed the constitution, and
who, by using the word only, clearly expressed
ftheir intention that gold and silver alone was
to constitute the currency of the new govem-
nicnt.

in support of this construction of the consti-
Ition, Mr. B. referred to the phrase so often used
by our roost aged and eminent statesmen, that
[this was intended to be a hard money govem-
icnt. Yes, said Mr. B., the framers of the
tonstitution were hard money men ; but the
thief expounder and executor ©f that constitu-
tion was not a hard money man, but a paper
^ystem man ! a man devoted to the paper system
If England, with all the firmness of conviction,
id all the fer>-or of enthusiasm. God forbid,
lid Mr. B., that I shonld do injustice to Gen.
lamilton — that I should say, or insinuate, aught
derogate from the just fume of that great
lan ! He has many titles to the gratitude and
Imiration of his countrymen, and the heart
)uld not be American which could dishonor or
Bparage his memory. But his ideas of govern-

ment did not rrrrlvc th«> «an(tion of f(ener*l
approlMtion ; and of ail hiit (mlitiral tenet*, hi*
attachnient (o the paper syxlem wa« nio^t
•fronjrly opp»v44<| at the time, and htm produced
thi> niont hi^tin^tand deplornMe n'^ultM u|miii the
country. In the year 17UI, thin great nmn.
then S«Tret«ry «)f thi- Treanury. broupht (orwiiril
hilt celebrated pliui for the support of public
credit — that plan which unfoldetl the entin>
i scheme of the pa|>cr svHtem, and immediately
develo[)eci the greMl ptjlitical line between the
federalists and the republicans. The CHtablixh-
ment of a national bank was the leadinp: and pre-
dominant feature of that plan ; and the origiiud
report of the Secretary, in favor of eKtablishinj;
the bank, contained thix fatal and deplorable
recommendation :

" The bills and notes of the bank, originally
m idc payable, or which shall have liecome pay-
able, on demand, in gold and silver coin, shall
be receivable in all payments to the United
States."

This fatal recommendation iK'canie a clause in
the charter of the bank. It was transferred
fVom the report of the Secretary to the pages of
the statute book ; and from that moment the
moneyed character of the federal government
stood changed and reversed. Federal bank notes
took the place of hard money ; and the whole
ediiice of the new government slid, at once, from
the solid rock of gold and silver money, on which
its framers had placed it, into the troubled and
tempestuous ocean of a paper currency.

Mr. B. said it waf> no answer to this most
serious charge of having changed the moneye«l
character of the federal government, and of the
whole Union, to say that the notes of the Bank
of the United States are not made a legal tender
between man and man. There was no necesf .ty,
he said, for a statute law to that effect ; it was
sufficient that they were made a legal tender
to the federal government ; the law of necessity,
far superior to that of the statute book, would
do the rest. A law of tender was not necessary ;
a forced, incidental tender, resulted as an inevi-
table consequence from the credit and circulation
which the federal government gave them. What-
ever was received at the custom-houses, at the
land-offlces, at the post-offices, at the marshals'
and district attorneys' offices, and in all the
various dues to the federal government, must be
received and will be received by the people. It

438

Tin-UTV YKAUS' vif:w.

• %•■

1h.'C<)iih.'s the iic'tuni and practical curn-ncy of the
laml. I'fople must take it, or pjt Miinjr ; and
tliijs the fedtral goveraraent, cutablioLng a paper
currency for iUtelf, cHtabU«heH * also for the
iStutes and for the people; an('. '^vcry body must
u.-^e it from neccsnit}', whether corniH.'lIed by law
or not.

Mr. B. said it was not to be supposed that
the objection which he now took to the uncon-
stitutionality of the cliiiise which made the notes
of the federal bank a legal tender to the federal
povernment, wa.s an objection which could be
(tverlooked, or disregarded, by the adversaries
of the bank in 17'Jl. It was not overlooked, or
disregarded ; en the contrary, it was denounced,
and combated, as in itself a separate and dis-
tinct breach of the constitution, going the whole
length of emitting paper money ; and the more
odious uud icprehensiblo because a privileged
comi)any was to have the monopoly of the emis-
sion. The genius of Hamilton was put in re-
quisition to answer this objection ; and the best
answer which that great man could give it, was
a confession of the omnipotence of the objection,
and the total impossibility of doing it away.
His answer surrendered the whole question of
a currency. It sunk the notes of the bank, which
were then to be tendered to the federal govern-
ment, to the condition of supplies furnished to
the government, anl to be consumed by it. The
answer took refuge under the natural power,
independent of all constitutions, for the tax re-
ceiver to receive his taxes in what articles he
pleased. To do justice to General Hamilton,
and to detect and expose the true character of
this bank paper, Mr. B. read a clause from Gen.
Hamilton's reply to the cabinet opinions of Mr.
Jefi'erson, and the Attorney General Randolph,
when President Washington had the charter of
the first bank under advisement with his Sec-
retaries. It was the clause in which General
Hamilton replied to the objection to the con-
stitutionality of making the notes of the bank
receivable in payment of public dues. " To
designate or appoint the money or thing in which
taxes aro to be paid, is not only a proper, but a
necessary exercise of the power of collecting
them. Accordingly, Congress, in the law con-
cerning the collection of the duties, imposts, and
tonnage, has pr.)viiU'd that they shall be pay-
able ii. gold and silver. But, while it was an
iadiHpcnsablo part of the work to say in what

they should be paid, the choice of the sjjtrifi<
thing was a mere matter of discretion. Tiij
payment might have been requii-cd in the com-
modities themselves. Taxes in kind, howm-i
ill judged, are not without precedents, even in
the United Statics ; or it might have Ijeen in tla-
paper money of the several .States .: or in tlie hii;,
of the Bank of North America, New- York and
Massachusetts, all, or either of them ; it niji'l t
have been in bills issued under tlie authority of
the United States. No part of this, it is pn-
sumcd, can be disputed. The appointment d
the money or thing in which the taxes am to)^
paid, is an incident of the power of collectioii.
And among the expedients which may be adop;.
cd, is that of bills issued under the authoritv
of the United States." Mr. B. would read ni
further, although the argument of General Ham-
ilton extended through several pages, Ths
nature of the argument is fully disclosed in wlir
is read. It surrenders the whole question of a
paper currency. Neither the power to furnish :
currency, or to regulate currency, is pretended tj
be claimed. The notes of the new bank are put
upon the footing, not of money, but of commo-
dities — things — articles in kind — which the tax
receiver may accept from the tax payer ; anl
which are to be used and consumed by the tax
receiver, and not to be returned to the peopls,
much less to be diffused over the country in I
plat Df money. This is the original idea aci
conr ption of these notes. It is the idea under |
which they obtained the legal capacity of recciv-
ability in payment of public dues ; and from I
this humble conception, this degraded assimila-
tion to corn and grain, to clothes and provision;, i
they have, by virtue of that clause iu the char-
ter, crept up to the character of money — bceoia |
the real, practical currency of the land— drivfti
the currency of the constitution from thelaa(i[
— and so depraved the public intellect os now I
to be called for as money, and proclaimed tofi;(
indispensable to the country, when the author I
of the bank could not rank it higher than anei-[
pedient for paying a tax.

2. In the next place, Mr, B. believed thatikj
quantity of specie derivable from foreign coc j
merce, added to the quantity of gold derivallil
from our own mines, were fully suflicient, iim
expelled from the country ))y unwise laws, tol
furnish the people with an abundant circuiatioil
of gold and silver coin, for their common cwl

AXNO 1834. ANDREW JACKSON. TRESIDKNT.

43S

rencr. without having recourse tu a circulntion
J small hank notc8.

Tlie truth of theso propositiopf, Mr. B. held
t , U' susccptihle ofcontplete and ready pmof.
11,. .spoke first of the domestic supply of native
•IL and «ud that no niinta had ever develojied
more rapidly than these had done, or promised
iiore abundantly than they now do. In the
viar 1824 they were a spot in the State of
.Nirih Carolina ; they are now a region sprcad-
,;ig into ijix States. In the year 1824 the pro-
•luit wa-s .$5,000 ; in the last year the product,
111 c^^ined gold, was ^808,000 ; in uncoined, a.s
much niOiw ; and the product of the present
vtar computed at two millions ; with every pros-
inct of continued and permanent increase. The
probability was that these mines alone, in the
lajise of a few years, would furnish an abundant
Mipply of gold to establish a plentiful circulation
..f that metal, if not expelled from the country
h\ unwise laws. But the great source of supply,
l»jth for gold and silver, Mr. B. said, was in our
WR'ign commerce. It was this foreign com-
morce wliich filled the States with hard money
immoJiately after the close of the Revolutionary
War, when the domestic mines were unknown ;
audit is the same foreign commerce which, fevcn
I iiuff, when federal laws discourage the impor-
I ution of foreign coins and compel their exporta-
ItioiL is bringing in an annual supply of seven
lur eight millions. With an amendment of the
Ikiws which now discourage the importation of
Iforeign coins, and compel their exportation,
Ithere could be no delay in the rapid accumula-
Itiun of a sufficient stock of the precious metals
|to supply the largest circulation which the
|commoi\ business of the country could require.
Mr. B. believed the product of foreign mines,

nil the quantity of gold and silver now in ex-
istence, to bo much greater than was commonly
kupposcd; and, as a statement of its amount

Ifould establish his proposition in favor of an
Idequate supply of these metals for the common

Jirroncy of the country, he would state that
Imount, as he found it calculated in approved
Irorks of iwlitical economy. He looked to the

hrec great sources of supply: 1. Mexico and

outii America ; 2. Europe and Northern Asia ;
Tlie coast of Africa. Taking the discovery
the New World as the starting point from

|hich the calculation would commence, and the
Juct was :

1. Mcxlro will Smith Ain*riris . . . |«,4IM.lion,<H)t
4. Kuriipo iiiM NiTtliiTii \tU, . . ti^moooM

a. Tlie cwt ..( .\frlc», IJo.Oii.iiOO

— making a total prinluct of seven thousand two
hundred and thirty-si.\ millions, in the short
space of tJiree centuries and a lialf. To this i.s
Ut Ih! added the quantity exi.stinp; .it tiie time
the New World was discovered, and wiiieh was
computed at 1^2,300,000,000. I'pon all tliesc
data, the political economisrts, Mr. )J. said, after
deducting $2,000,000,000 for waste and con-
sumption, still computed tlie actual stock of
golil and .silver in Euroijc, Asia, and America,
in 1832, at about seven thou.sand millions of
dollars ; and that quantity constantly and rapid-
ly increasing.

Mr. B. had no doubt but that the quantity of
gold and silver in Euroj)e, At;ia, ami America,
was sufficient to carry on the whole business of
the world. He said that states and empires
— lar greater in wealth and population than any
now existing — far superior in public and private
magnificence — had carried on all the business of
private life, and all the aflairs of national govern-
ment, upon gold and silver alone ; and that be-
fore the mines of Mexico and Peru were known,
or dreamed of. lie alluded to the great nations
of antiquity — to the Assyrian and Persian em-
pires ; to Egypt, Carthage, Rome ; to the Gre-
cian republics ; the kingdoms of Asia Minor ; and
to the empire, transcending all these put toge-
ther—the Saracenic empire of the Caliplis, whicli,
taking for its centre the eastern limit of the Roman
world, extended its dominion as far west as Rome
had conquered, and further east than Alexander
had marched. These great nations, whose armies
crushed empires at a blow, whose monumental
edifices still attest their grandeur, had no idea
of bank credits and paper money. They used
gold and silver alone. Such degenerate phra.'^es
as sound currency, paper medium, circulating
media, never once sounded in their heroic ears.
But why go back, exclaimed Mr. B., to the
nations of antiquity ? Wliy quit our own
day 1 Why look beyond the boundaries of
Europe ? We have seen an empire in our own
day, of almost fabulous grandeur and magnifi-
cence, carry in|5 on all its vast undertakings upon
a currency of gold and silver, without deigning
to recognize paper for money. I speak, said Mr.
B., of France— arreat and imperial France — and
have my eye upon that first year of the consu-

lit;*

1 ^ •
; ) '•

440

THlRTy YEARS' VIEW.

lato, when a young and victorious general, just
transffm-'l from tiie camp to a cx)iin<'il. an-
nounced to liis a.^tonislied ininif-tors that KjK-cif
jiaynK'nts should coniinence in France hy a pven
day ! — in that France which, for so many years,
had seen nothing but a misscrable currency of
depreciated niandats and assignats ! The annun-
ciation was heard witli the inward contempt, and
oiHjn distrust, which the whole tribe of liack
politicians every where feel for the statesman-
ship of military men. It was followed by the
Ruccess which it belongs to genius to inspire anu
to comi'.and. Specie payments commenced in
France on the day named ; and a hard money
currency has been the sole currency of France
from that day to this.

Such, said Mr. B., is the currency of France ;
a country whose taxes exceed a thousand mil-
lions of francs — whose public and private ex-
penditures require a circulation of three hun-
dred and fifty millions of dollars — and which
possesses that circidation, every dollar of it, in
gold and silver. After this example, can any
one doubt the c-ipacity of the Uuited States to
supply itself with specie 7 Keason and history
forbid the doubt. Reason informs us that hard
money flows into the vacuum the instant that
.small bank notes are driven out. Franco reco-
vered a specie circulation within a year after the
eonsular government refused to recognize paper
for money. England recovered a gold circulation
of about one hundred millions of dollars within
four jears after the one and two pound notes
were suppressed. Our own country filled up
with Spanish milled dollars, Fmnch crowns,
doubloons, half joes, and guineas, as by magic,
at the conclusion of the Revolutionary War, and
the suppression of the continental bills. The
business of the United States would not require
above sixty or seyepty millions of gold and sil-
ver for the common currency of the people, and
the basis of large bank notes and bills of ex-
change. Of that sum, more than one third is
now in the country, but not in circulation. The
Rank of the United States hoards above ten mil-
lions. At the expiration of her charter, in 1836,
that sum will be paid out in redemption of its
notes — will go into the hands of the people —
and, of itself, will nearly double the quantity of
silver now in circulation. Our native mines will
be yielding, annually, some millions of gold;
foreign commerce will be pouring in her accus-

tomed copious Bupply ; the correction of the tr^
roneous value of gold, the literal a<lmic§ion oi
forcit;n coins, and the supprcstiion of Hmall r.oUn
will invite and retain an ailequato metallic ciir.
renrv. The present moment is peculiarly fj.
vorable for these measures. Foreign cxchanp^
are now in our favor ; silver is coming hero, al-
though not current by our laws ; bf>th gold an!
silver would flow in, and that immediately, to
an immense amount, if raised to their prornr
value, and put on a proper footing, by our lan<,
Three days' legislation on these subjects iroulj
turn copious supplies of gold and silver into tin
countr , diffuse them through every neighbor-
hood, jnd astonish gentlemen when they pot
homo at midsummer, at finding hard monev
where they had left paper.

3. In the third place, Mr. B. undertook t.j
alBan, as a proposition free from dispute or con-
testation, that the value now set upon gold, bv
the laws of the United States, was unjust and
erroneous ; that these laws had expelled goll
from circulation ; and that it was the bounden
duty of Congress to restore that coin to circula-
tion, by restoring it to its just value.

That gold was undervalued by the laws of the
United States, and expelled from circulation, wu
a fact, Mr. B. said, which every body knew ; but
there was something else which every body did
not know ; which few, in reality, had an oppo^
tunity of knowing, but which was necessaiy to
be known, to enable the fHends of gold to go to
work at the right place to effect the recover}'
of that precious metal which their fathers ouo!
possessed — which the subjects of European kings
now possess — which the citizens of the young
republics to the South all possess — which eTca |
the free negroes of San Domingo possess— bnt
which the yeomanry of this America have been
deprived of for more th.in twenty years, and I
will be deprived of for ever, unless they discovt;
the cause of the evil, and apply the remedy to
its root.

I have already shown, said Mr. B., that the I
plan for the support of public credit which Gene-
ral Hamilton brought forward, in 1701, wm i
plan for the establishment of the paper system
in our America. We had at that time a gold |
currency which was circulating freely and fi
all over the country. Gold is the antagonist of I
paper, and, with fair play, will keep a paper ca^
rcncy within just and proper limits. It wil |

ASXO 1884. ANDREW JACKSON*. PRESIDKNT.

441

iet'p down tho small notes ; for, no man will i
prrv » fi^c, a ten, or a twenty dollar note m his j
nrid, when he can Rct piineas, eagles, half |
.^lis. doubloons, and half joes to carry in their j
pijcc. The Ectcs of the new Bank of the United i
MiU-s. which bank formed the Icadinj^ feature |
,:i the plan for the support of public credit, had
ilreaiiy derived one undue advantage over gold,
Ml bciiisr put on a level with it in point of legal
tenilcr to the federal government and universal
rroivability in all payments to that government:
(liey were now to derive another, and a still
creatcr undue advantage over gold, in the law for
ihe establishment of the national mint ; an in-
Fiittition which also formed a feature of the plan
fir the support of public credit. It is to that
|,lan that we trace the origin of the erroneous
valuation of gold, which has bani.shed that metal
from tlie country. Mr. Secretary Hamilton, in
his proposition for tho establishment of a mint,
awmracnded that the relative value of gold to
silver should be fixed at fifteen for one ; and
t'iat recommendation became the law of the land ;
i and has remained so ever since. At the same
lime the relative value of these metals in Spain
and Portugal, and throughout their vast domin-
ions in the new world, whence our principal
supplies of gold were derived, was at the rate of
sixteen for one ; thus making our standard six
[percent, below the standard of the countries
I which chiefly produced gold. It was also below
I the English standard, and the French standard,
land below the standard which prevailed in these
{states, before the adoption of the constitution,
land which was actually prevailing in the States,
lat the time that this new proportion of fifteen
|tu one was established.

Mr. B. was ready to admit that there was some
nicety requisite in adjusting the relative value
tf two different kinds of money — gold and silver
for example — so as to preserve an exact equi-
oise between them, and lo prevent either from
|t.\pclling the other. There was some nicety,
but no insuperable or even extraordinary diffi-
pulty, in making the adjustment. The nicety
pf the question was oggiuvated in the year '92,
by the difficulty of obtaining exact knowledge
the relative value of th<jso metals, at that
lime, in France and England ; and Mr. Gallatin
I since shown that the information which was
hen relied upon was clearly erroneous. The con-
equcnce of any mistake in fixing our standard,

wa* also well known in the year ".''J. .Mr. See-
rt'tnrj' Hamilton, in his prop<»ition for llu" ostaln
lishnunt of .1 mint, c.xpri's'sly det !an<l that the
consoqucnrc of a mistake u the n lativp vahu«
of the two mctids, would Ik- tho expulsion of
the one that was nndirvaluiMl. Mr. .JctlVrson,
then Secretary of Stati'. in his ootiinpDram'ous
report up<m foreign coins, declared the same
thing. Mr. Robert Morris, financier to the
revolutionary government, in his proposal to
establish a mint, in 1782, was equally explicit
to the same effect. The delicacy of the question
and the consequence of a mistake, were then
fully understood forty years ago, when the rela-
tive value of gold and silver was fixed at fifteen
to one. But, at that time, it unfortunately hap-
pened that the paper S3-8tera, then omnipotent
in England, was making its transit to our Amer-
ica ; and every thing that would go to establish
that system — every thing that would go to sus-
tain the new-born Bank of ths United States —
that eldest daughter and spcin gregis of tho
paper system in America — fell in with the pre-
vailing current, and became incorporated in the
federal legislation of the day. Cold, it was well
known, was the antagonist of paper ; from its
intrinsic value, the natural predilection of all
mankind for it, its small bulk, and the facility
of carrying it about, it would be preferred to
paper, either for travelling or keeping in tho
house ; and thtis would limit and circumscribe
the general circulation of bank notes, and pre-
vent all plea of nece.- '•■ for issuing smaller
notes. Silver, on the coutrary, from its incon-
venience of transportation, would favor the cir-
culation of bank notes. Hence the birth of tho
doctrine, that if a mistake was to be committed,
it should be on j::. side of silver ! Mr. StcreUi-
ry Hamilton declares the existence of this fe( l-
ing when, in his report upon the cstcvblishrr-ont
of a mint, he says : " It is sometimes observed,
that silver ought to be cncouragt;d, rather than
gold, as being more conducive to the extension
of bank circulation, from the greater difficulty
and inconvenience which its greater bulk, com-
pared with its value, occasions in tlu iranspor-
tation of it." This passage in the Secretary's
report, proves tho existence of the feeling in fa-
vor of silver against gold, and the cause of that
feeling. Quotations might be made from the
speeches of others to show that they acted upon
that feeling ; but it is due to General Uamiltoa

.»-..

■Ik'-

442

THIRTY YKAKS' VIEW.

to sny tlint lie disclaimed such a motlTC for liim-
Ktlf, and I'Xi.rcsscd a di-siro to rt-tain l)Oth
iiK-talH ill ciiciilation, and even to havu a gold
dollar.

•1'Ik,' iproi)Ortion of fiftiru to one was establish-
ed. The 11th section of the act of April, 17'J2,
Kniicted that every fifteen jidundH weitrht of pure
Bilver, .should he eriual in value, in all payments^
with one pound of jiiire gold ; and so in propor-
tion for less (piantities of the i-espcctivc metals,
Thi.s act wa.s the death warrant to the gold cur-
rency. I'he diminitihed circulation of that coi/i
Boon l>Cj.'ivn to be ob.servable; but it wa.s not im-
Diediately extinguished. Several circumstances
'.•layed. biit could not prevent that catastrophe.
1. The ]'.i!.k of the United States then issued
no note of lor.-i denomination than ten dollars,
and but few (if them. 2. There were but three
other banks in the United Scates, and they issu-
ed but few small notes; so that a small note
currcnc}' did not come directly into conflict with
gold. 3. The trade to the lower Mississipi con-
tinued to bring up from Natchez and New Orleans,
for uany years, a large supply of doubloons ; and
long supplied a gold currency to the new States
in the West. Thu.s, the absence of a small note
currency, and the constant arrivals of doubloons
from the lower Mississippi, deferred the fate of the
gold currency ; and it was not until the lapse of
near twenty years after the adoption of the er-
roneous standard of ? V92, that the circulation of
that metal, both foreign and domestic, became
completely and totally extinguished in the Uni-
ted States. The extinction is now complete, and
must remai 1 so until the laws are altered.

In making this annunciation, and in thus
standing forward to cxp> se the error, and to de-
mand the reform of the gold currency, he (Mr.
B.) was not setting up for thr honors of a first
discoverer, or first inventor. Far from ii. He
was treading in the steps of otlier, and abler
men, who had gone before him. Four Secre-
taries of the Treasury, Gallatin, Dallas, Craw-
ford, Ingham, had, each in their day, pointed
out the error in the gold standard, and recom-
mended its correction. Kepeated reports of
committees, in both Houses of Congress, had
done the same thing. Of these reports he
would name those of the late Mr. Lowndes of
South Carolina ; of Mr. Sanford, late a senator
from New- York; of Mr. Campbell P. White,
uow a representative from the city of New-York.

Mr. B. took pleasure in recalling and prosiTUm,
to public notice, the names of the emim-nt ni d
who had gone before him in the exploration rf
this path. It was due to them, now that tit-
good cause seemed to Ihj in the road to ^urctv,
to yield to them all the honors of first ixplor.
ers ; it was due to the cause also, in this lio{.r
of final trial, to give it the high sanction of Uitir
names and laborfi,

Mr. B. would arrest for an instant thoeiirKnt
of his remarks, to fix the attention of the .^^e-
nate upon a reflection which must euggtst it-
self to the rainds of all considerate persons,
lie Vtould ask how it could happen that so nianv
men, and ouch men as he had named, labcjrin;
for so many years, in a cause so just, for an ob-
ject io beneficial, upon a state of facts so undo-
niable, could so long and so uniformly fail (f
success? How could this happen? Sir, «.
claimed Mr. B., it happen*. d because the pojin
of the Bank of the United States required it ti
happen ! The same policy which required pH
to be undervalued in 1792, when the first Ijank
was chartered, has required it to be underv.ilu.
ed ever since, now that a second bank has bcea
established ; and the same strength which en-
abled these banks to keep themselves up, also en-
abled them to keep gold down. This is the answer j
to the question ; and this the secret of the failure
of all these eminent men in their laudable cffow |
to raise gold again to the dignity of money,
This is the secret of their failure ; and this secret |
being noTV known, the road which leads to the
reformation of the gold currency lies uncoverw!
and revealed before us : it is the road wliick
leails to the overthrow of the Bank of the Uniteii |
States — to the sepulchre of that institution;
for, while that bank lives, or has the hope (( I
life, gold cannot be restored to life. Here tliM I
lies the question of the reform of the gold cur-
rency. If the bank is defeated, that ciTrencjl
is reformed; if the bank is victorious, troldre-l
mains degraded ; to continue an article of ner- 1
chandise in the hands of the bank, and to U I
expelled from circulation to make room for its I
five, its ten, and its twenty dollar notes. I'l I
the people then, who are in favor of restorinf j
gold to circulation, go to work in the riglij
place, and put down the power that first puj
down gold, and which will never suffer ttil|
coin to rise while it has power to prevent it.

Mr. B, did not think it necessary to dcecfil

ANNO 1884. ANI'UKW JACKSON. rUKMDKNT.

443

ik is Tictorious, gold re-

I'.d expatiate upon tlic moritn and a<lvantAp.>8
, 1 \ pi M currency. These advantages had U-cn
(,,. will known, ftotn tlie farlio«t aces of tfiO
yrnflil, to be a 8ul)ject of discussion in the nint-
iwDth century ; but, as it wa-s the policy of the
•..iikt cvwtcin io disparage that metal, and as
t at fysttin, in its forty years' reip> ovir the
Viiieiicun i)coplc, had nearly destroyed a know-
.i-l;:c of that currency, he would hrietly enume-
.^ic its leading and prominent advantages. 1.
li liiid an intrinsic value, which gave it curren-
,-v all over the world, to the full amount of that
value, without regard to laws or circumstances.
i It had a uniformity of value, which made it
the eafest standaid of the value of property
ffhich the wisdom of man had ever yet discov-
ered. 3. Its portability; which made it easy for
liio traveller to carry it about with him. 4. Its
indestructibility ; which made it the safest mo-
ney tliat people could keep in their houses. 5.
its inherent purity; which made it the hardest
.noney to be counterfeited, and the easiest to be
detected, and, therefore, the safest money for
I tlie people to handle. G. Its superiority over
all other money ; which gave to its possessor
the choice and command of all other money.
", Its power over exchanges ; gold being the
I currency which contributes most to the equali-
I zation of exchange, and keeping down the rate
I of exchange to the lowest and most uniform
[point. 8. Its power over the paper money;
Ljld being the natural enemy of that system,
land, with fair play, able to hold it in check.
19. It 18 a constitutional currency and the peo-
Iple have a right to demand it, for their cur-
Irency, as long as the present constitution is per-
Iniitted to exist.

Mr. B. said, that the false valuation put upon
bold had rend-^red the mint of the United States,
pi) far as the gold coinage is concerned, a most ri-
diculous and absurd institution. It has coined,
pd that at a large expense to.the United States,
2,202,717 pieces of gold, worth $11,852,890;
Ind where are these pieces now ? Not one of
I'itm to be seen ! all sold, and exported I and
I regular is this operation that the director
f the mint, in his latest report to Congress,
»ys that the new coined gold frequently re-
bains in the mint, uncalled for, though ready for
divery, uiitil the day arrives for a packet to
>il to Europe. lie calculates that two millions
f native gold will bo coined annually hereafter;

the whole r>f which, without a n-f >nn of the
gold standard, will be conducted, like exiles,
from the nn'tinnitl mint to th.o st'ii-.-ihon', .ind
transrrli(I t" ruicijrn n-gion ;, to lie sold fur tiii'
benefit of the Hank of the United States.

Mr. B. saifl this was not tlw (i^iio tn disciis!*
the relative value of gold and silver, nor to urge
the particular proportion wliich ought to be
established between them. 'I'Imt would l>c the
proper work of a commiUec. At present it
might be suflicicnt, and not irrelevant, to say
that this question was one of comniLTCf— that
it was puivly and simply a mercantile prubluin
— as much so as an acquisition of nny ordinary
merchandise fiom foreign countries could be.
Gold goes where it finds its value, and that
value is what the h. ,rs of great nations give it.
In Mexico and South America — the countries
which produce gold, and from which the United
States must derive their chief supply — the value
of gold is 10 to 1 over silver; in the is-land of
Cuba it is 17 to 1 ; in Spain and Portugal it is
10 to 1 ; in the West Indies, generally, it is tho
same. It is no, to be supposed that gold will
come from these "ountries to the United States,
if the importer is to lose one dollar in every six-
teen that he bi'ngs; or that our own gold will
remain with ui- when an exporter can gain a
dollar upon every fifteen that he carries out.
Such results would be contrary to the laws of
trade ; and therefore we must place the same
value upon gold that other nations do, if we
wish to gain any part of theirs, or to regain any
part of our own. Air. B. said that the case of
England and France was no excei)tion lO this
rule. They rated gold at sometliing less than
10 for 1, and still retained gold in circulation ;
but it was retained by force of peculiar laws and
advantages which do not prevail in the United
States. In England the circulation of gold was
aided and protected by four subsidiary laws,
neither of which exist here: one which prevent-
ed silver from beiug a tender for more than forty
shillings; another which required the i.mk of
England to pay nil its notes in gold ; a third
which suppressed tho small note circulation ; a
fourth which alloyed their silver nine per cent,
below the relative value of gold. In France the
relative proportion of the two metals was also
below what it was in Spain, Portugal, Mexico,
and South America, and still a plentiful supply
of gold remained iu circulation ; but this result

t '■ ■

^if.

444

THIRTY YEAR8' VIEW.

was ai'lod bj- two fxculiar caufic«; fir«t, the to-
tal absence of a paper currency ; secondly, the
proximity of Spain, and the inferiority of Spanish
inaniifiu'turcH, which gave to France a rcwly
and a near market for t Ims sale of her fine fabrics,
which were paid for in the gold of the New World.
In the United States, gold would have none of
these subsidiary helps ; on the contrary it would
have to contend with n paper currency, and
would have to be obtained, the product of our own
mines excepted, from Mexico and South America,
where it is rated as sixteen to one for silver.
All these circumstances, and many others, would
li!!ve to be taken into consideration in fixing a
standard for the United States. Mr. B. repeat-'
c'] that there was nicety, but no difficulty, in
luljusting the relative value of gold and silver so
as to retain both in circulation. Several nations
of antiquity had done it ; some modem nations
also. The English have both in circulation at
: 3 time. The French have both, and have had
for thirty years. The States of this Union also
had both in the time of the confederation; and
retained them until this federal government
was established, and the paper system adopted.
Congress should not adroit that it cannot do
for the citizens of the United States, what so
many monarchies have done for their subjects.
Gentlemen, especiaUy, who decry military chief-
tains, should not confess that they themselves
cannot do for America, what a military chieftain
did for France.

Mr. B. made his acknowledgments to the
great apostle of American liberty (Mr. Jeffer-
son), for the wise, practical idea, that the value
of gold was a commercial question, to be settled
by its value in other countries. He had seen
that remark in the works of that great man, and
treasured it up as teaching the plain and ready
way to accomplish an apparently difficult object;
and he fully concurred with the senator from
South Carolina [Mr. Calhoun], that gold, in the
United States, ought to be the preferred metal ;
not that silver should be expelled, but both re-
tained ; the mistake, ^f any, to be in favor of
gold, instead of being against it.

IV. Mr. B. believed that it was the intention
and declared meaning of the constitution, that
foreign coins should pass currently as money,
and at their full value, within the United States ;
that it was the duty of Congress to promote the
circulation of three coins by giving them their

full value ; that this was the design of the ,SUt»i
in conferring upon Congress the cxclusire powtf
of regulating the vahie of these coins ; that lii
the laws of Congress for preventing the cirnilj.
tion of foreign coing, and underrating their valiu
were so many breaches of the constitution. »n-i
so many mischiefs inflicted upon the .States j anc
that it was the boundcn duty of Congress to n.
peal all such laws ; and to restore foreign coin,
to the same free and favored circulation whicli
they pos.'^essed when the federal constitution wa«
adopted.

In support of the first branch of his tint p.^
sition Mr. B. quoted the words of the constim.
tion which authorized Congress to regulate the
value of foreigp coins ; secondly, the clause in
the constitution which authorized Congress to
provide for punishing the counterfeiting of cur-
rent coin, in which term, fot'^pi coin was includ-
ed ; thirdly, the clause wliioh prohibited the |
States from making any thing but gold and sil-
ver coin a tender in payment of debts ; a clause I
which did not limit the prohibition to domestic
coins, and therefore included foreign onci
These three clauses, he said, were concurrent
and put foreign coin and domestic coin upon the
same precise footing of equality, in ever}' parti-
cular which concerned their current circulation [
their value, and their protection from countor-
feiters. Historical recollections were thenesil
evidence to which Mr, B. referred to sustain I
position. He said that foreign coins were tht I
only coins known to the United States at the I
adoption of the constitution. No mint had been I
established up to that time. The coins of other I
nations furnished the currency, the exclusiTtj
metallic currency, which the States had used!
from the close of the Revolutionary War up t* I
the formation of this federal government, ill
was these foreign coins then which the framcnl
( the constitution had in view when they iiy I
serted all the clauses in the constitution whi<li|
bear upon the value and current circulation dl
coin ; its protection from counterfeiters, andttej
prohibitory restriction upon the States with n-l
spect to the illegality of tenders of any thing «•[
cept of gold and silver. To make this point stffij
plainer, if plainer it cou!<^. be made, Mr. B, jil
verted to the early statutes of Congress whiii I
related to foreign coins. He had seen no icil
than nine statutes, passed in the first four yewl
of the action of this federal government, all»l

ASNO 18S4. ANDREW JACKSON, TRFSIDKNT.

443

currency, the exclusm

icv:d for the purpose of regulating the Taluo,
protecting the purity, and promoting the circu-
ation of these coins. N«t only the well-known
„m of the principal nations were proyided for
III these statutes, but the coins of all the nations
Kith whom we traded, how rare or small might
1^. the coin, or how remote or inconsiderable
iiii:ht be the nation. By a general provision
„l'thc act of 1789, the gold coins of all nations,
which equalled those of England, Frauce, Spain
mil Portugal, in fineness, were to be cuiTent at
sllcents the pennyweight ; and the silver coins of
ill nations, which equalled the Spanish dollar
in tincness, were to be current at 111 cents the
ounce. Under these general provisions, a great
inliuz of the precious metals took place ; doub-
Ims, guineas, half joes, were the common and
familiar currency of fanners and laborers, us
wdi as of merchants and traders. Every sub-
stantial citizen then kept in his house a pair
of small scales to weigh gold, which are now
used by his posterity to weigh physic. It is a
1 1'tat many years — a whole generation has
grown up— since these scaler were used for their
original purpose ; nor will they ever bo needed
a;;ain for that use until the just and wise laws
of '89 and '90, for the general circulation of
t ireign coins, shall again be put in force. These
larly statutes, added to historical recollections,
I could leave no doubt of the true meaning of the
[constitution, and that foreign coins were intend-
|(;1 to be for ever current within the United
I States.

With this obvious meaning of the constitu-
Ition, and the undeniable advantage which re-
[dounded to the United States from the acquisi-
Ition of the precious metals from all Ibrcign na-
itions, the inquiry naturally presents itself, to
|kttow for what reason these coins have been
outlawed by the Congress of the United States,
land driven from circulation ? The inquiring
nind wishes to know how Congress could be
brought, in a few short years after the adop-
tion of the constitution, to contradict that in-
ptrament in a vital particular — to repeal the
tine statutes which they had passed in favor
pf foreign coin — and to illegalize the circula-
|ion of that coin whose value they were to
■ei^late, and whose purity to protect ?
•Sir, said Mr. B., I am unwilling to appear
klways in the same train, tracing up all the
pils of our currency to the same fountain of

mischiefs — the intrmlurtion of the p«{H-r syi
tern, and the first extabllNhmcnt <T a federal
bank among us. liut justice mii8t have it<t
sway ; historical truth must take its course ;
facts must be told; and authentic proof rhall
supply the place of narrative ami assertion.
Wo ascend, then, to the year '91 — to the exhi-
bition of the plan for the support of publici
credit — and see in that plan, as one of its fea-'
turcH, a proposition for the establishment of a
national mint ; and in that establishment a
subsidiary engine for the support of the federal
bank. We have already seen that in the pro-
position for the establishment of the mint, gold
was largely undervalued ; and that this under-
valuation has driven gold from the country and
left a vacuum for the circulation of federal bank
notes ; we arc now to see that the same mint
establishment was to give further aid to the
circulation of these notes, by excluding foreign
coins, both gold and silver, from circulation,
and thus enlarging the vacuum which was to
be filled by bank paper. This is what we are
now to see ; and to see it, we will look at the
plan for the support of public credit, and tliut
feature of the plan which proposes the estab-
lishment of a national mint.

Mr. B. would remark, that four points were
presented in this plan : 1. The eventual aboli-
tion of the currency of foreign coins ; 2. The
reduction of their value while allowed to circu-
late ; 3. The substitution of domestic coins;
and, 4. The substitution of bank notes in place
of the uncurrent and undervalued foreign coins.
Such were the recommendations of Secretary
Hamilton ; and legislative enactments quickly
followed to convert his recommendations into
law. The only power the constitution had
given to Congress over foreign coins, was a
power to regulate their value, and to protect
them from debasement by counteifeitcrs. It
was certainly a most strange construction of that
authority, first, to underrate the value of these
coins, and next, to prohibit their circulation !
Ytt both things were done. The mint went in-
to operation in 1794 ; foreign coins were to cease
to be a legal tender in 1797 ; but, at the end of
that time, the contingencies on which the Secre-
tary <»lculated, to enable the country to do with-
out foreign coins, had not occurred; the sub-
stitutes had not appeared; the mint had not
suppUed the adequate quantity of domestic coii^

:«:.i

■ . I

'Ul

446

THIRTi' YKARS' VIEW.

nor hn<l the circulation of bnnk not<?8 become
»iifliriently fuiiiiliar to the pt-oplo to BiijKTsede
gold. Tlif law for tho exclusion of foreign coin^
was found tolHjiinpracticoble; and a nuNpension
of it for three years was enacted. At the end of
this time the evil was found to be as ffreat as
ever ; and a further KUf*pcnsion of three years
was made. This third term of three years also
rolled over, the supply of domestic coins was
still found to be inadequate, and tho people con-
tinued to Ijc as averse a.s ever to tho bank note
substitute. A fourth suspension of the law be-
came necessary, and in 1800 a further suspension
for three years wiw made ; after that a fifth, and
finally a sixth Buapcngion, each for the jieriod
of three years ; which brought the period for tho
actual and final cessation of the circulation of
foreign coins, to tho month of November, 1819.
From that time there was no further suspension
of the prohibitory act. An exception was con-
tinued, and still remainSj in favor of Spanish
milled dollars and parts of do'L.rs ; but all other
foreign coins, even those of Jlexico and all the
South American States, have ceased to be a legal
tender, and have lost their character of current
money within the United States. Their value
is degraded to the mint price of bullion ; and
thus the constitutional currency becomes an ar-
ticle of merchandise and exportation. Even the
Spanish milled dollar, though continued as a
legal tender, is valued, not as money, but for tho
pure silver in it, and is therefore undervalued
three or four per cent, and becomes an article of
merchandise. The Bank of the United States
has collected and sold 4,450,000 of them. Every
money dealer is employed in buying, selling, and
exporting them. The South and West, which
receives them, is stripped of them.

Having gone through this narrative of facts,
and shown the exclusion of foreign coins from
circulation to be a part of the paper system, and
intended to facilitate the substitution of a bank
note currency, Mr B. went on to state the in-
juries resulting from the measure. At the head
of these injuries he was bound to place the vio-
lation of the constitution of the United States,
which clearly intended that foreign coins should
circulate among us, and which, in giving Con-
gress authority to regulate their value, and to
protect them from counterfeiters, could never
have intended to stop their circulation, and to
abandon them to debasement. 2. He denounced

this exclusion of foreign coins as • fraud, md %
fraud of tho most injurious nature, upon tu
people of tho Staton. Tho States hiul Mim-n.
dcrcd their power o^er the coinage to Conpr^p
they made the surrender in languace which
clearly implied that their currency of fortlm
coins was to l)e ro»itinue<l to them; yet tl*
currency is suppressed ; a currency of intrin>if
value, for which they paid interest to nobwlv, j.
suppressed ; and a currency without intrin^ic
value, a currency of paper subject to every fliir.
tuation, and for tho supply of which corponu
bodies receive interest, is substituted in its pl,vf.
3. Ho objected to this suppression as dcprivinp I
the whole Union, and especially the Wesurn
States, of their due and necessary supply othnri
money. Since that law took effect, the Unite.!
States had only been a thoroughfare for forci;^
coins to pass through. All that was brouphi
into the country, had to go out of the countir.
It was exported as fast as importe<l. The ciiv-
tom-h( use books proved this fact. They proved.
that fro;a 1821 to 1833, the imports of specif
were $89,428,462 ; the exports, for the same I
time, were $88,821,433 ; lacking but three qmr[
ters of a million of being precisely equal to iIm I
imports ! Some of this coin was recoincd bfl
fore it was exported, a foolish and expensive I
operation on the part of the United States ; ki I
the greater part was exported in the same fom I
that it was received. Mr. B. had only been able I
to get the exports and imports from 1821 ; if Ik I
could have obtained those of 1820, and thecotj
eluding part ot 1819, when the prohibitory Ih|
took effect, the amount would have been about I
ninety-six millions of dollars ; the whole d\
which was lost to the country by the prohili-l
tory law, while much of it would have \m\
saved, and retained for home circulation, if ill
had not been for this law. The loss of tliii|
gi-eat sum in specie was an injury to the v;hm
Union, but especially to the Western Statal
whose sole resource for coin was from fureiji|
qountries ; for the coinage of the mint <
never flow into that region ; there was notJiial
in the course of trade and exchanges, to canji
money from the Atlantic States to the ^Testl
and the mint, if it coined thousands of miiliotti
could not supply them. Tho taking effect «
the law in the year 1819, was an aggrantial
of the injury. It was the most unfortunate ui|
ruinous of all times for driving specie fromthl

ANNO 1«3I. ANDREW JACKSON. rKI>Il»KNT.

447

Ir. B. had only been ablt

f dollars ; the whole ill

rtiiintrj'. The Western hankn, from their ex-
,rt.un« I" aid the CDuntry during the war, had
^iri'tolK'd their iKsiies to the utmoRt limit ;
thi'ir notoH ha<l (;<'iio into the land ofllcei ; the
f.-lcral povernnient tunie<l them over to the
lliiik "f t'le United States ; and that hank de-
iiwn'leil s|>ecie. ThuH, the necessity for §pecie
wM increased at the very moment that the 8U{)-
t'y na'* diminished ; and the general stoppage
of ihu Western banks, was the inevitable and
utural result of these combined circnmstanceH.
IIiiTiiiff fiiown the great evils rcHiiUing to the
c'limtry from the operation of this law, Mr. B.
alk'J upon its friends to tell what reason could
uow be piven for not ixjpealing it ? He afBnned
that, of the two causes to which the law owed
its origin, one had failed /« toto, and the other
had succeeded to a degree to make it the curse
and the nuisance of the country. One reason
was to induce an adequate supply of foreign
coins to be brought to the mint, to bo rccoin-
I i<l; the other to facilitate the substitution of a
,>ank note currency. The foreign coins did not
I go to the mint, those excepted which were im-
I ported in its own neighborhood 5 and even these
vrcie exported nearly as fast as recoined. The
authority of the director of the mint had al-
1 ready been quoted to show that the new coin-
led gold was transferred direct from the na-
Itional mint to the packet ships, bound to £u-
Irope. The custom-house returns showed the
[large exportation of domestic coins. They
Iwould be found under the head of " Domestic
Ijlanufactures Exported;" and made a large
figure in the list of these exports. In the
hear 1832, it amounted to ^2,05^ 474, and in
jthe year 1833, to ^1,410,941 ; and every year
pt was more or less ; so that the national mint
had degenerated into a domestic manufactory
bf gold and silver, for exportation to foreign
fountries. But the coins imported at New Or-
bns, at Charleston, and at other points re-
note from Philadelphia, did not go there to be
coined. They were, in part, exported direct
«m the place of import, and in part used by
he people as current money, in disregard of
he prohibitory law of 1819. But the greater
art was exported— for no owner of foreign
oin could incur the trouble, risk, and expense,
f sending it some hundred or a thousand miles
Philadelphia, to have it recoined ; and then
kcurring the same expense, risk, and trouble

(lying out of the uco of the money, and rwTiT-
ing no interest all the while), of brin^'iiig it
back to Ijo put into riri-ulati<<n ; witti flie fur-
ther rixk of a deduction for want of standard
tinenenfl at the mint, uhcn he ro\ild sril and
export it ujion the spot. Konipn cr)in« coidd
not l)c recoined, so aH to cnpply the I'nion, by
a solitary mint on the Atliintic coast. The
great Wes-t could oidy he su|i|)lied from New
Orleans. A branch of the mint, placed there,
could supply the West with domestic coins.
Mexico, since she became a free coiuitry, has
established seven mints in did'trent placei», be-
t»usc it was troublesome and > xpcnsive to car-
ry bullion from nU parts of the co ntry to lie
coined in the capital ; and when coined there,
there was nothing in the course of trade to car-
ry them back into the country ; and the owners
of it would not be at the expense and trouble
of carrying it back, and getting it into circula-
tion, being the exact state of things at present
in the gold mines of the Southern States. The
United States, upon the same princii)les and for
the same reasons, should establish branches of
the mint in the South, convenient to the gold
mine region, and at New Orleans, for the ben-
efit of that city and the West. Without a
branch of the mint at New Orleans, the admis-
sion of foreign coins is indispensable to the
West ; and thus the interest of that region
joins itself to the voice of the constitution in
demanding the immediate repeal of all laws for
illegalizing the circulation of these coins, and
for sinking them from their current value as
money, to their mint value as bullion. The
design of supplying the mint with foreign coins,
for recoinage, had then failed ; and in that re-
spect the exclusion of foreign coins has failed
in one of its objects — in the >ther, that of mak-
ing room for a substitute of bank notes, the
success of the scheme has been complete, ex-
cessive, and deplorable.

Foreign coins were again made a legal tender,
their value regulated and their importation en-
couraged, at the expiration of the charter of the
first Bonk of the United States. This continued
to be the case until after the present Bank of the
United States was chartered; as soon «s that
event happened, and bank policy a'lu'm became
predominant in the halls of Congiess. the cir-
culation of foreign coins was again struck at
and, in the second year of the existeiic of th«

¥i

I.''*

j.i-

1 1*.

' Jf

448

TimiTV YKAI'.v VIKW.

hank, tli<- ol'l act of 170.1, for n'n<lcrinp IIwim'
ciiinH unciirii'iit. waH cairit-il into final nmi cotu-
plctfl f(l'i( t. Since thnt tirni' he hank lia« en-
joyed nil lici iiilvnntiips fi' u llii« txducion.
The exjuilsion of tliosc coins has created a
vociitim, to Im* filled up hy her smiill note cir-
nihttion ; the traflic and trade in them han
Ix-tn a« iar^'i' a Hoiirce of profit to her ax of
loss to the country, fioid coin hIic has sold at
an advance of five or hix per cent, j silver coin
at ahoiit two or three per cent.; and, her hand
being in, she made no difTercnce Itctween eellinfr
domestic coin and foreign coin. AlthuU|;h forhid
by her charter to deal in coin, kIic has employed
her branches to pather .^10,040,000 of coin from
the States ; a hv^r jiari of which slie admits tliat
she has i^old and transported to Europe. For
the sale of the foreign coin, she sets up the law-
yer-like plea, that it is not coin, but Inllion !
resting the validity of the plea upon i-ng!ish
statute law ! while, by the constitution of the
United States, all foreign coins are coin; while,
by her own charter, the coins, both gold and
silver, of Great Britain, France, Spain, and Por-
tugal, and theii dominions, are declared to be
coin ; and, as such, mnde receivable in payment
of the specie proponioi! ^f the bank stock— ;and,
worse yet! whik '^pitvii'.^h dollars, by statute,
remain the cuvr. i,i tJJn nf the United States,
the bank admits ?!:..• snh; of 4,450,142 of these
identical Spanish milled dollars I

Mr. B. then took a rapid view of the present
condition of the statute currency of the United
States — of that currency which was a legal ten-
der — that currency with which a debtor had a
right by law to protect his property from execu-
tion, and his body from jail, by offering it as a
matter of right, to his creditor in payment of his
debt. lie stated this statute currency to be:
1st. Coins from the mint of the United Sutesj
2dly. Spanish milled dollars, and the parts of
such dollars. This was the sum total of the
statute currency of the United States ; for hap-
pily no paper of any bank, State or federal,
could be made a legal tender. This is the sum
total out of which any man in debt can legally
pay his debt : and what is his chance for making
payment out of this brief list? Let us see.
Coinage from the mint : not a particle of gold,
nor a single whole dollar to bo foucd ; very few
half dollars, except in the neighborhood of the
mint, and in the hands of the Bank of the United

State* and its branchrs; the twenty, it ii,^.
five -vnt pieces scarcily »>fin, cxcepl u t n.
rioBity, iit the interior iwrta of the coiii't
So much for tlie di>meRlic C4)iri«ge. Ni,«- j, . i
the Spanish milled d<>l' ., - hosr do the^ KUr,
in the United Statet 7 N*?^! Jy aa scarn- u ..t.-
own dollars; d r, there ban been none ci.in. '
sinee Sjiain lost her dominion over lur cl,
nits in the New World ; and the coinage of tl,i .,
colonies, now independent States, neither h ,a i
law*, nor in fact, Spanish milled. That Urn
belonfrs to the coinage of the Spanigh cruwn
with a Spanish king's head upon the face of it;
although the coin of the new States, tlic i\U(. I
dollars of Mexico, Central America, Peru am]
Chili, are siiiaiior to Spanish dollars, in valuf
l)ecau8e they contain more pure silver, (n,||
they are not a tender; and ull the francs SriM\
France, in a word, ull foreign coin except Spu.
ish milled dollars, the coinage of which iiu
ceased, and the country stripped of all tlnil
were in it, by the Bank of the United .St,v,
are uncurrent, and illegal as tenders : so tlat
people of the United States are reduced t., t,\
small a list, and so F'uall a supply of gtntutt I
currency, out of which debts can legally \A
paid, that it maybe fairly assumed t'iittliel
whole debtor part of the community lie at tt(|
mercy of their creditors, to have their lodial
sent to jail, or their property sold for notlii;c|
at any time that their creditors please. !»
such a condition arc the free and high-mindttl|
inhabitants of this country reduced I and re-f
duced by the pow- r and policy of the fi ta
second Banks of the United States, ana tui
controlling influence which they have excrcisal
over the moneyed system of the Union, fMil
the year 1791 down to the present day.

Mr. B. would conclude what he had to ujj
on this head, with one remark ; it was tiiu:
that while the gold and silver coin of ail tinl
monarchs of Europe were excludi d from circihl
lation in the United States, the paper notes aj
their subjects were received as current imml
3'he Bank of the United States was, in a giatl
degree, a foreign institution. Foreigners kdil
a great part of its stock, and may hold it till
The paper notes issued by this institutioathal
composed in great part of the subjects of £iii»l
pean kings, are made legal tenders to the Ul
eral government, and thus forced into circul^l
tion among the people ; while the gold and sill

ANNO 1H8I. AM»!a:\V JACKSON, IM5F.>I1»I:NT

44 :»

the twenty, tiii, »i,i
set-n, except u % <-..
arts <if the cm, t
ic C<iii»»Ke. N'lW !■•
,-• how do they «ur,il
.".iy an Beam- uu.-
laa been none coum^i
ninion over htr ci4,-
iidtheroinaguoftlK-,
t Stated, neither in .3
I milled. That tern
of the Spanish crown,
ad upon the face of it;
new States, the lilver
ral America, Peru, and
lanitih dullant, in toIw,
fioro pure eilvcr, Mill
md all the francs fwn I
reign coin except Spin-
coinage of which b
y stripped of all tki
i of the United Stat.',
las tenders: bo that .t
Itates are reduced I, »
mil a supply of staiuk
h debts can legally u\
nirly assumed t' ut t!i«
le community lie at tkt
rs, to have their bodi«
opcrty sold for nollii; ;.
r creditors please. lui
!ie free and high-min(leil|
untry reduced ! and k-
id policy of the ii t ariii|
United States, hm ;u
■hich they have exerci*i
stem of the Union, Li\
) the present d^y.
ide what he had to mj,]
ne remark ; it wm thl':
ind silver coin of all linl
yero excludi. J from cirahl
Itates, the paper notes lil
ceived as current iriuwt.l
ted States was, in a gral
itution. Foreigners klil
tock, and may hold it liij
id by this institution, ihnj
rtof the subjects of Emol
> legal tenders to the teil
thus forced into ciroil*!
le; while the gold and sl|

irffom of the kln(t« to whie'> they Ulonir. is
^Krtfd and exriuded, and cxi^lKil from the |
f.iiiit7' "« demanded if any tiling o««ld
imt.lay the vice and defimiify of the pnjier cy n-
•em in • more revolting and humiliating point 1
,f ficw than tlii* single fact 7 |

V >fr. B. expreosed his satisfiu-tion at find-

jnjiomnny point." of concurrence lietwieii his 1
lontimi'nts on curt, icy, and those of tlie Bi-na- I
tirfroni South Candina (Mr. Calhoun). Ue-
fiim iif the J." Id currency — recovery of i«pecie
—ku\» of exce-rtive banking — ami the eventual
^ ipprcH-ion of fiinnll notes — were all p<jinlrt in
which I 'y sgieed, and on which he ho|K;d they
(hmilJ lie found acting together when these
moanuroH should hi put to the test of I.gi.sla-
live action. Ho regretted that he could not
cdofurwith that senator on the great points to
which all the others might be found to Ije subor-
dinate and accessorial, lie alluded to the pro-
m^d existence of the Bank of the United
Itates! and especially to the practical views
h that senator had taken of the beneficial
>l«ration of that institution, first, as the regu-
itor of the local currencies, and next, as the
lupplier of a general currency to the Union.
In loth these points, he differed — immeasura-
liy (liflerc 1— from that senator ; and dropping
111 other views of that bank, he ( ame at once
the point which the senator from South Ca-
rlioa marked out aa the true and practical
pestion of debate; and would discuss that
pestion simply under its relation to the cur-
incT ; he would view the bank simply as the
ilator of local currencies and the supplier
a national currency, and would give his rea-
ms for ditfering — irreconcilably diflering —
im the senator from South Carolina on these
lints.

Mr. B. took three distinct objections to the
ink of the United States, as a regulator of
incy : I, that thi.s was a power which he-
lped to the government of the United States ;
that it could not be delegated; 3, that it
;ht not be delegated to any bank.
, The regulation of the currency of a nation,
B. said, was one of the highest and most
licate acts of sovereign power. It was pre-
ily equivalent to tha power to create cur-
icy ; for, a power to make more or less, was,
•effect, a power to make much or none. It
the coining power ; a power that belonge''

Vol. I.— 29

preventing- a:
lieing mn<:
is by the •
federal govi
of the Union

M!t

tn the iiovercign ; and, whero a |M|M>r currency
WM tolerated, the coining |Hiwer wax swallow
ed up»nd«iiiier»ed< d by the manufAi'tiTy « hirh
emitted |hi|>(.t. In itn' pre^n-nt slate ^f the cur-
rency of the United .Stalen, the federal bank
was the mint for it<!<uing money ; the fediTnl
mint was a inauiifactMry for pr< p,-»nng gold and
silver for exportation. The .'States, in the for-
mation of the constitution, giiM- the coiiiiu^j
|)<)wer t" Congress ; with that |)<)Wi'r. they gave
authority to regulate the currency of the Union,
by regulating fhi iilue of gold and Hilver. and
' hut metallic money from
"nyment of debt**. It,
se powers that the
icgulate the currency
u all ilie departments <>f th»
government are refpiiied to act their jiarts in
effecting the regulation : the Congress, as the
department that passes the law ; the Tresident.
as the authority that recommends it, approves
it, and sees that it is faithfully executed ; tlio
judiciary, as standing between the debtor and
creditor, and preventing the execution fnmi be-
ing discharged by any thing but gold and silver
and that at the rate which the legislative de-
partment has fixed. This is the power, and solo
power, of regulating currency which the federal
constitution contains ; this power is vested in
the federal government, not in one department
of it, but in the joint action of the three de-
partments ; and while his power is exercised
by the government, tin currency of the whole
Union will be regulated, and the regulation ef-
fected according to the intention of the consti-
tution, by keeping all the local banks up to the
point of specie payment ; and thereby making
the value of their notes equivalent to specie.

2. .This great and delicate power, thus involv-
ing the sacred relations of debtor and creditor,
and the acttial rise or fall in the value of every
man's property, Mr. B. undertook to affirm,
could not be delegated. It was a trust from
the State governments to the federal govern-
ment. The State governments divested them-
selves of this power, and invested the federal
government with it, and made it^s exercise de-
pend upon the three branches of the new gov
emment ; and this new government could no
more delegate it, than they could delegate any
other great power which they were bound to
execute themselves. Not a word of this rcgu

I 4-

IMAGE EVALUATION
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Hiotographic

Sciences

Corporation

23 WEST MAIN STRUT

WiBSTIR,N.Y. 14SI0

(716)t72-4S03

450

THIRTY YEARS' VIEW.

') f'

la'.inf; power, Mr. B. said, was heard of when
the first bank was chartered, in the year 1791.
No person whispered such a reason for the es-
tablishment of a bank at that time ; the whole
conception is newfangled — an afterthought —
growing out of the very evils which the bank
itself has brought iipon the country, and which
nro to 1)6 cured by putting down that great
bank ; after which, the Congress and the judi-
ciary will easily manage the small banks, by
holding them up to specie payments, and ex-
cluding every unsolid note from revenue pay-
ments.

3. Mr. B. said that the government ought not
to delegate this power, if it could. It waB too
great a power to be trusted to any banking
company whatever, or to any authority but the
highest and most responsible which was known
to our form of government. The government
itself ceased to oe independent — it ceases to be
safe — when the national currency is at the will
of a company. The government can undertake
no great enterprise, neither of war nor peace,
without the consent and co-operation of that
company ; it cannot count its revenues for six
months ahead without referring to the action
of that company — its friendship or its enmity —
its concurrence or opposition — to see how &r
that company will permit money to be plenty,
or make it scarce ; how far it will let the mo-
neyed system go on regularly, or throw it into
disorder ; how far it will suit the interests, or
policy, of that company to create a tempest, or
to suffer a calm, in the moneyed ocean. The
people are not safe when a company has such a
power. The temptation is too great — the op-
portunity too easy — to put up and put down
prices ; to make and break fortunes ; to bring
the whole community upon its knees tp the
Neptunes who preside over the flux and reflux
of paper. All property is at their mercy. The
price of real estate— of every growing crop—
of every staple article in market — is at their
command. Stocks are their playthings — their
gambling theatre — on which they gamble daily,
with as little secrecy, anil as little morality,
and far more mischief to fortunes, than common
gamblers carry on their operations. The philo-
sophic Voltaire, a century ago, from his retreat
in Ferncj-, pave a lively description of this oper-
ation, by which he was made a winner, without
the t,ruuble of playing. I have a friend, said

he, who is a director in the Bank ot VnoKx,
who writes to mo when they are going to nuke
money plenty, and make stocks rise, and then 1
give orders to my broker to sell ; and ho writes
to me when they are going to make moner
scarce, and make stocks full, and then 1 write to
my broker to buy; and thus, at a hundred
leagues from Paris, and without moving from mr
chair, I make money. This, said Mr. B., is the
operation on stocks to the present day ; and it
cannot be safe to the holders of stock that thert
should be a moneyed power great enough in thij
country to raise and depress the prices of their
property at pleasure. The great cities of tlie j
Union are not safe, while a company, in mr
other city, have power over their moneyed sys-
tem, and are able, by making money scarce or
plenty — by exciting panics and alarms— to pot
up, or put down, the price of the staple articia
in which they deal. Every commercial city, lor
its own safety, should have on independent mo- 1
neyed system— should be free from the control I
and regulation of a distant, possibly a rival dtrj
in the means of carrying on its own tnde,!
Thns, the safety of the government, the safety o( I
the people, the interest of all owners of propertrl
— of all growing crops — the holders of all8t«(ki|
— the exporters of all staple articles— requiitl
that the r^ulation of the currency should lil
kept out of the hands of a great banking co»l
pany ; that it should remain where the conttiti [
tion placed it — in the hands of the fedenl ^|
vernment— in the hands of their representatini
who are elected by them, responsible to tixal
may be exchanged by them, who can pass ml
law for regulating currency which will notlxi|
upon themselves as well as upon their constin
ents. Thin is what the safety of the oommu
requires ; and, for one, he (Mr. B.) would i
if he could, delegate the power of regulating H
currency of this great country to any banks^
company whatsoever. It was a power too t
mendous to be trusted to a company.
States thought it too great a power to be tn
to the State governments ; he (Mr. B.) thc3|
BO too. The StateB confided it to the fedenl;
vernment ; he, for one, would confine it to ll
federal government, and would make that (
vernment exercise it. Above all, he would i
confer it upon a bank which was itself i
regulation ; and on this point he called i
the Senate to recollect the question, app

ANN'O 1884. ANDREW JACKSON, PRKSIDEST.

451

the nank ot t'naa,
icy arc going to make
stocks nee. and then 1
to Bell ; and he write
;oing to make nwnev
all, and then I write to
d thus, at a hundred
ithout movinu from my
'his, Raid Mr. B., is tbe
ho present day ; and it
ders of stock that thett
(ver great enough in thii
[)rcsB the prices of their
rhe great cities of \k
\x\\e a company, in iny
over their moneyed sjs-
naking money scarce or
inics and alarms— to jmi
rice of the staple artidei
Ivery commercial city, for I
have an independent no
[ be free from the contwi I
itant, possibly a rival otj, I
rying on its own tr»<ie.l
government, the safety d I
t of all owners of property I
,— the holders of all stodil
11 staple articles— tequin I
)f the currency should bil
Is of a great banking co»l
remain whc^ the coMtiti I
e hands of the federal ^1
ids of their represenUtiwI
;hem, responsible to tlxtl
,y them, vfho can pass ml
rrency vrhich vyill notlxil
ivell as upon their constin
he safety of the oommu "
ne,he(Mr.B.)wouldi
the power of regulatin|E«
eat country to any banl"^
r. It was » power toot
isted to a company,
o great a power to bet
ments; he(Mr.B.)thq
eonfldedittothefedenlf
jne, would confine itUif
^ and would make thilf
it. Above all, he 'vould'
bank which was itself i'
a this point he called i
llect the question, app-

trite, but replete with profound sagacity— that
rspicity which it belongs to great men to pos-
fc!», and to express — which was put to the Con-
cress of 181C, when this bank charter was under
tliseussion, and the regulation of the currency
was one of the attributes with which it was to
he invested; ho alluded to his late esteemed
Friend (Mr. Randolph), and to his call upon the
House to tell him who was to bell the cat ?
That single question contains in its answer, and
in its allusion, the exact history of the people of
the United States, and of the Bank of the United
States, at this day. It was a flash of lightning
into the dark vista of futurity, showing in 18IG
what we all see in 1834,

Mr. B. took up the second point on which ho
diMgrecd with the Senator from South Carolina
[Mr. Calhoun], namely, the capacity of the Bank
iif the United States to supply a general cur-
rency to the Union. In handling this question
lie would drop all other inquiries— lay aside
: every other objection— overlook every consider-
atic.i of the constitutionality and expediency of
I the bank, and confine himself to the strict ques-
tion of its ability to difiiise and retain in circu-
lation a paper currency over this extended Union.
I He would come to the question as a banker
Iwoald come to it at his table, or a merchant in
this counting-room, looking to the mere operation
lof a money system. It was a question for wi^e
|nicn to think of, and for abler men than himself
|lo discuss. It involved the theory and the sci-
ifiice of banking — Mr. B. would say the philoso-
phy of banking, if such a term could be applied
lo a moneyed system. It was a question to be
^tudied as the philosopher studies the laws which
»Tem the material world — as he would study
|he laws of gravitation and attraction which
cvem the movements of the planets, or draw
he waters of the mountains to the level of ihe
leia. The moneyed system, said Mr. B., has its
^WB of attraction and gravitation — of repulsion
id adhesion ; and no man may be permitted to
bdulge the hope of establishing a moneyed sys-
pm contrary to its own laws. The genius of
pan has not yet devised a bank — the historic
Kie is yet to be written which tells of a bank
kvhich has diffused over an extensive country,
|id retained in circulation, a general paper cur^
ncy. England is too small a theatre for a
Implete example ; but even there the impossi-
lity is confessed, and has been confessed for a

centiirj'. The Bank of England, in her prt?atc»t
day of pre-eminence, could not fiimiNh a general
currency for England alone — a territory not
larger than Virginia. The country banks fur-
nished the local paper currency, and still furnish
it as far as it is used. They carried on their
banking upon Bank of England notes, until tin;
gold currency was restored; and local paper
formed the mass of local circulation. The notes
of the Bank of England flowed to the great
commercial capitals, and made but brief sojourn
in the counties. But England is not a fair ex-
ample for the United States ; it is too small ; a
fairer example is to be found nearer home, in oui
own country, and in this very Bank of the United
States which is now existing, and in favor of
which the function of supplying a general cur-
rency to this extended confederacy is claimed.
We have the experiment of this bank, not once,
but twice made; and each experiment proves
the truth of the laws which govern the system.
The theory of bank circulation, over an extended
territory, is this, that you may put out as many
notes as you may in any one place, they will
immediately fall into the track of commerce —
into the current of trade — bto the course of ex-
change — and follow that current wherever it
leads. In these United States the current sets
from every part of the interior, and especially
from the South and West into the Northeast—
into the four commereial cities north of the
Potomac; Baltimore, Philadelphia, New- York,
and Boston : and all the bank notes which will
pass for money in those places, fall into the cur-
rent which sets in that direction. When there,
there is nothing in the course of trade to bring
them back. There is no reflux in that current !
It is a trade-wmd which blows twelve months in
the year in the same direction. This is the
theory of bank circulation over extended terri-
tory; and the history of the present bank is an
exemplification of the truth of that theory.
Listen to Mr. Cheves. Read his report made to
the stockholders at their triennial meeting in
1822. He stated this law of circulation, and
explained the inevitable tendency of the branch
bank notes to flow to the Northeast ; the impos-
sibility of preventing it ; and the resolution which
he had taken and executed, to close all the
Southern and Western branches, and prevent
them from issuing any more notes. Even while
issuing their own notes, they had so far forgot

452

THIRTY YEARS* VIEW.

:?::-)

their charter u to carry on operations, in part,
upon the noteH of the local bonkit — having col-
lected those notes in great quantity, and loaned
them out. This was reported by the investiga-
ting committee of 1810, and made one of the
charges of misconduct against the bank at that
time. To counteract this tendency, the bank
applied to Congress for leave to issue their bank
notes on terms which would have made them a
mere local currency. Congress refused it ; but
the bank is now attempting to do it herself^ by
refusing to take the notes received in payment
of the federal revenue, and sending it back to be
paid where issued. Such was the history of the
branch bank notes, and which caused that cur-
rency to disappear from all the interior, and from
the whole South and West, so soon after the
bank got into operation. The attempt to keep
out branch notes, or to send the notes of the
mother bank to any distance, being found im-
practicable, there was no branch currency of
any kind in circulation for a period of eight or
nine years, until the year 1827, when the branch
checks were invented, to perform the miracle
which notes could not. Mr. B. would say no-
thing about the legality of that invention ; he
would now treat them as a legal issue under the
charter; and in that most favorable point of
view for them, he would show that these branch
checks were nothing but a quack remedy — an
empirical contiivance — which made things worse.
By their nato y were as strongly attracted

to the Northe the branch notes had been ;

by their terms >.ney were still more strongly
attracted, for they bore Philadelphia on their
face 1 tlvay were payable at the mother bank !
r.ad, of course, would naturally flow to that place
for use or payment. This was their destiny,
and most punctually did they fulfil it. Never
did the trade-winds blow more truly — never did
the gulf stream flow more regularly — than those
checks flowed to the Northeast I The average
of four years next ensuing the invention of these
checks, which went to tho mother bank, or to
the Atlantic branches north of the Potomac, in-
cluding the branch notes which flowed with them,
was about nineteen millions of dollars per an-
num ! Mr. B. then exhibited a table to prove
what he alleged, and from which it appeared that
tlie flow of the branch paper to the Northeast
was as regular and uniform as an operation of
nature ; that each city according to its commer-

cial importance, received a greater or le.iR pnv
portion of this inland paper gulf stream ; and
that the annual variation was so slight as onlv
to prove the regularity of the laws by which it
was governed. The following is the table whicli
he exhibited. It was one of the tabular gtat^
mentfl obtained by the investigating committe«
in 18.52:

Amount of Branch Bank Paper rtceivetl at-

1629. 1S80,

K-!!

1. New-York, .

11,988,860

11.294,980 9,168.870

li.'i'ittiJ

2. rbllsdel|jliia,

4,4S3,150

»,10C,935 4,67».--.i5

Mi!)>.i.)

8. Booton, . ,

1.010,730

1,844.170 1.794.750

1,8I6,»,

4. Baltimore, .

1,487,100

18,888,830

1,420,860 1.876,320

L-Wi.)!-)

18,G66,47B 16,919,160

2I,0W,2;i«

After exhibiting this table, and taking it for
complete proof of the truth of the theory wliich
he had laid down, and that it demonstrated the
impossibility of keeping up a circulation of the
United States Bank paper in the remote and
interior parts of the Union, Mr. B. went on tc
say that the story was yet but half told— tk
mischief of this systematic flow of national cur-
rency to tho Northeast, was but half disclostd;
another curtain was yet to be lifted — another
vista was yet to be opened — and the effect of
the system upon the metallic currency of tb I
States was to be shown to the people and thf
States. This view would show, that as fast u
the checks or not'>s of any branch wci-c taken up
at the mother bank, or at the branches north oi' I
the Potomac, an account was opened against the
branch from which they came. The brancii m
charged with the amoimt of the notes or chccb
taken up ; and periodically served with a copy
of the account, and commanded to send on spea I
or bills of exchange to redeem them. "Wm I
redeemed, they were remitted to the branch fron I
which they came ; while on the road they TrtttI
called notes in transitu ; and when arrived therj
were put into circulation again at that plaoy [
fell into the current immediately, which carried I
them back to the Northeast—there taken upl
again, charged to the branch — the branch rf-l
quired to redeem them again with specie orbi
of exchange ; and then returned to her, to ii|
again put into circulation, and to undergo a^l
and again, and until the branch could no loi^l
redeem them, the endless process of fluwin^ul
the Northeast. The result of the whole vm\
and for ever will be, that the branch will haul
to redeem its circulation till redemptioD i> iBI

ANNO 1834. ANDREW JACKSON', PRESIDENT.

453

; Paper receitetl ai-

,666,4TB 16,919,160 i\,m.Vli

table, and taking it fur
iith of the theory wlikh
hat it demonstrated the
' up a circulation of the
iper in the remote and
nion, Mr. B. went on tc
yet but half told— tht
itic flow of national cur-
was but half di8clo$«(l;
ret to be lifted— anothit
oened — and the effect of
metallic currency of tht
■n to the people and tl»
uld ehow, that as fast a
iny branch were taken up
at the branches north oi
nt was opened against tht
jy came. The branch to
int of the notes or chccb
ically served with a copy
nmanded to send on pp«a
to redeem them. AVoei
emitted to the branch from
iile on the road they WR
a ; and when arrived thej I
tion again at that placi>- 1
lumediately, which carriwl
ortheafitr-there taken ujl
le branch— the branch n-l
m again with specie or hill
tea returned to her, to li|
ition, and to undergo Bfiaj
the branch could no 1
dless process of flowinjul
result of the whole w^ii|
,that the branch will h««l
Ition till redemptioD is » I

nossiblc; until it has exhausted the country of
in gpccto ; and then the country in which the
liranch is situated is worse oif than liefore she
liad a branch ; for sho had neither notes nor specie
lift. Mr. B. said that this was too important a
view of the case to be rested on argument and
assertion alone ; it required evidence to vanquish
incrcilullty, and to prove it up ; and that cvi-
(loncc was at hand. He then referred to two
tables to show the amount of hard money which
the mother bank, under the operation of this
system, had drawn from the States in which her
branches' were situated. All the tables were up
to the year 1831, the period to which the last
investigating committee had brought up their
inquiries. One of these statements showed the
amount abstracted from the whole Union; it
tras $40,040,622 20; another showed the amount
taken from the Southern and Western States ;
it was $22,523,387 94; another showed the
amount taken from the branch at New Orleans ;
it was 512,815,758 10. Such, said Mr. B., has
ocen the result of the experiment to diffuse a
national paper currency over this extended
Union. Twice in eighteen years it has totally
failed, leaving the country exhausted of its spe-
cie, and destitute of paper. This was proof
enough, but there was still another mode of
proviDg the same thing; it was the fact of
the present amount of United States Bank notes
i in circulation. Mr. B. had heard with pain the
lissertion made in so many memorials presented
to the Senate, that there was a great scarcity of
currency ; that the Bank of the United States
had been obliged to contract her circulation in
(consequence of the removal of the deposits, and
[that her notes had become so scarce that none
Icould be found ; and strongly contrasting the
Iprcsent dearth which now prevails with the
labundant plenty of these notes which reigned
lover a happy land before that fatal measure came
Ito blast a state of unparalleled prosperity. The
^ct was, Mr. B. said, that the actual circulation
JDf the bank is greater now than it was before
pe removal of the deposits ; greater than it has

en in any month but one for upwards of a
iTear past The discounts were diminished, he
I aid, but the circulation was increased.

Mr. B. then exhibited a table of the actual
Circulation of the Bank of the United States for
^e whole year 1833, and for the two past months

' the present year ; and stated it to be taken

from the monthly titAtcraents of the bank, as
printed and laid upon the tables of memberx. It
was the net circulation — the quantity of notes
and checks actually out—excluding all that were
on the road returning to the brancli banks,
called notes in transitu, and which would not
be counted till again insucd by the branch t«
which they were returned.

Tltefolluwing it

the table :

January, 1833, .

. S17,6f.f),444

Febniary, " . .

. 18,384,050

March, » . .

. 18,083,205

April, « . .

. 18,384,075

May, « . .

. 18,991.200

June, " . .

. 19,360,555

July, ". .

. 18,890,505

August, " . .

. 18,413.287

September, '• . .

. 19,128,189

October, " . .

. 18,518,000

November, " . .

. 18,650,912

December, " . .

. not found.

January, 1834, .

. 19,208,375

February, " . .

. 19,200,472

By comparing the circulation of each month,
as exhibited on this table, Mr. B. said, it would
be seen that the quantity of United States Bank
notes now in circulation is three quarters of u
million greater than it was in October last, and
a million and a half greater than it was in Jan-
uary, 1833. How, then, are we to account for
this cry of no money, in which so many respec-
table men join ? It is in the single fact of their
flow to the Northeast. The pigeons, which
lately obscured the air with their numbers,
have all taken their flight to the North ! But
pigeons will return of themselves, whereas these
bank notes will never return till they are pur-
chased with gold and silver, and brought back.
Mr. B. then alluded to a petition from a meet-
ing in his native State, North Carolina, and in
wliich one of his esteemed friends (Mr. Carson)
late a member of the House of Representatives,
was a principal actor, and which stated the ab-
solute disappearance of United States Bank
notes from all that region of country. Certain-
ly the petition was true in that statement ; but
it is equally true that it was mistaken in sup-
posing that the circulation of the bank was di-
minished. Tho table ^-hich he had read had
shown the contrary ; it showed an increase, in«

.«)*

4i;4

THIRTY YEAKS* VIE\V.

■i ,

Ktcoil of a diminution, of the circulation. The
only dilFcrcnco was that it had all left that part
of the country, and that it would do for ever !
If a hundred millionH cf United States Bank
iioteB were carried to the upper parts of North
Carolina, and put into circulation, it would be
)>ut a short time before the whole would have
fjtilen into the curn-nt which sweeps the paper
of that bank to the Nortlieast. Mr. B. said
there were four other classes of proof which he
could bring in, but it would be a consumption
of time, and a work of supererogation. lie
would not detail them, but state their heads :

1. One was the innumcniblo orders which the
mother bank had forwarded to her branches to
send on specie and bills of exchange to redeem
their circulation — to pour in reinforcements to
the points to which their circulation tends ;

2. Another was in the examination of Mr. Bid-
die, president of the bank, by the investigating
committee, in 1832, in which this absorbing
tendency of the branch pajwr to flow to the
Northeast was fully charged and admitted ;
S. A third was in the monthly statement of the
notes ill tramitu, which amount to an average
of four millions and a half for the last twelve
months, making fifty millions for the year ; and
which consist, by far the greater part, of branch
notes and checks redeemed in the Northeast,
purchased back by the branches, and on their
way back to the place from which they issued ;
and. 4. The last class of proof was in the fact,
that the branches north of the Potomac, being
unable or unwilling to redeem these notes any
longer, actually ceased to redeem them last fall,
even when taken in revenue payment to the
United States, until coerced by the Secretary of
the Treasury; and that they will not be re-
deemed for individuals now, and are actually
degenerating into a mere local currency. Upon
these proofs and arguments, Mr. B. rested his
case, and held it to be fully established, lirst, by
argument, founded in the nature of bank circu-
lation over an extended territory ; and secondly,
by proof, derived from the operation of the pre-
sent bank of the United States, that neither the
present bank, nor any one that the wisdom of
man can devise, can ever succeed in diffusing a
general paper circulation over the States of this
Union.

VI. Dropping every other objection to the
bftok— looking at it purely and simply as a sup-

plier of national currency — he, Mr. B., could nm
consent to prolong the uziKicnco of the preH.ii
bank. Certainly a profuse issue of ]iB])i'r at all
points — an additional circulation if even a foit
millions poured out at the destitute points-
would make currency plenty for a little whilp
but for a little while only. Nothing permanent
would result from such a measure. On the cun-
trary, in one or two years, the destitution and
distress would be greater than it now is. At
the same time, it is completely in the power of
the bank, ot this moment, to grant rclirf, fnjl
adequate, instantaneous relief! In makin);tlii$
assertion, Mr B. meant to prove it ; and to prove
it, he meant to do it in a way that it Rhould
reach the understanding of every candid anl
impartial friend that the bank possessed ; for he
meant to discard and drop from the inquiry, all
his own views upon the subject ; to leave out of
view every statement made, and every opinion
entertained by himself, and his friends, and pro-
ceeed to the inquiry upon the evidence of the
bank alone — upon that evidence which flowed
from the bank directory itself, and from the
most zealous, and best informed of its friends en
this floor. Mr. B. assumed that a mere cessa-
tion to curtail discounts, at this time, would
be a relief — that it would be the sakatioD
of those who were pressed — and put an end U
the cry of distress ; he averred that this curtail-
ment must now cease, or the bank must find n
new reason for carrying it on ; for the old reason
is exhausted, and cannot apply. Mr. B. then
took two distinct views to sustain his position:
one founded in the actual conduct and present
condition of the bank itself, and the other in i j
comparative view of the conduct and condition
of the former Bank of the United States, at Ik
approaching period of its d'issolution.

I. As to the conduct ixad condition of the I
present bank.

Mr. B. appealed to the knowledge of all p^^ I
sent for the accuracy of his assertion, when lie |
sai^ that the bank had now reduced her dis-
counts, dollar for dollar, to the amount of pub- 1
lie deposits withdrawn. The adversaries of tin
bank said the reduction was much larger t\m
the abstraction ; but he dropped that, and cos-
fined himself strictly to the admissions and dt- 1
clarations of the bank itself. Taking then tit
fact to be, as the bank alleged it to be, that shi I
had merely brought down her business in pro I

ANNO 1831. ANDREW JACKSON, PRESIDEXT.

455

he knowledge of all pre-
)f his assertion, when he
id now reduced her dis- 1
r, to the amount of p
n. The adversaries of tk I
n was much larger tliaii
e dropped that, and cod-
to the admissions and d>

itself. Taking then tb!

alleged it to be, th»t shi
own her business in pn>

portion to the capital taken from her, it followed
„f course tliat there was no reason for reducing
ter businegs any lower. Ilcr relative position
__hcr actual strength — was the same now that
it was bi.fore the removal ; and the old reason
could not be available for the reduction of ano-
ther doUa.- Next, as to her condition. Mr. B.
unJertook to aflBrm, and would quickly prove,
tliat the general condition of the bank was bet-
ter DOW than it had been for years past ; and
that the bank was better able to make loans, or
to JDcreaKc her circulation, than she was in any
of those post periods in which she was so lav-
ishly accommodating the public. For the
proof of this, Mr. B. had recourse to her specie
fund, always the true test of a bank's ability,
ind showed it to be greater now than it had
been for two years past, when her loans and cir-
culation were so much greater than they are
now. He took the month of May, 1832, when
the whole amount of specie on hand was $7,890,
347 59 ; when the net amount of notes in cir-
I CT lation was $21,044,415 ; and when the total
I discounts were $70,428,070 72 : and then con-
i trastcd it with the condition of the bunk at
this time, that is to say, in the month of Febru-
ary last, when the last return was made ; the
items stands thus: specie, $10,523,385 G9;
I net amount of notes in circulation, $19,260,472;
total discounts, $54,842,973 64. From this
JTiew of figures, taken fW)m the official bank re-
|tums,from which it appeared that the specie in
{the bank was nearly three millions greater than
lit was in May, 1832, her net circulation nearly
Itivo millions less, and her loans and discounts
Ispwards of fifteen millions less ; Mr. B. would
Itabmit it to all candid men to say whether the
bank is not more able to accommodate the com-
nunity now than she was then ? At all events,
lie would demand if she was not now able to
ase pressing them 1

II. As to the comparative condition and con-
luct of the first Bank '^f the United States at
he period of its approacning dissolution.
Mr. B. took the condition of the bank from
fi, Gallatin's statement of its affairs to Con-
ess, made in January, 1811, just three months
efoiethe charter expired; and which showed
I discounts and loans of the bank to be $14,
8,294 25, her capital being $10,000,000 ; so
at the amount of her loans, three months be-
) her dissolution, was nearly in proportion —

near enough for all practical views — to the pro-
portion which the pri'.xcnt loaiiH of tlie IJiiiik of
the United States l>ear to its capital of lliii ty-
five millions. Fifty per cvnt. upon the forincj
would give fifteen millions ; iidy |H;r cent, upon
the latter would give fifty-two millions and a
half. To make tnc relati'o condition of the
two banks precisely equal, it will Im> suificitnt
that the loans and discounts of the present bank
shall be reduced to fifty-two millions by the
month of January, 1836 ; that is to say, it need
not make any further sensible reduction of its
loans for nearly two years to come. Thus, the
mere imitation of the conduct of the old bank
wil be a relief to the community. A mere ces-
sation to curtail, will put an end to the dbtress,
and let the country go on, quietly and regularly,
in its moneyed operations. If the bank will
not do this — if it will go on to curtail — it is
bound to give some new reason to the country.
The old reason, of the removal of the deposits,
will no longer answer. Mr. B. had no faith in
that reason from the beginning, but he was now
taking the bank upon her own evidence, and
trying her upon her own reasons, and he held
it to be impossible for her to go on without the
production of a reason. The hostility of the
government — rather an incomprehensible, and
altogether a gratuitous reason, from the begin-
ning — will no longer answer. The government
m 1811 was as hostile to the old bank, as tho
government now is to this one ; and rather more
so. Both Houses of Congress were then hos-
tile to it, and hostile unto death ! For they let
it die ! die on the day appointed by law for its
death, without pity, without remorse, without
the reprieve of one day. The government can
do no worse now. The Secretary of the Trea-
sury has removed tho deposi'a; and that ac-
count is settled by the reduction of an equal
amount of loans and discounts. The rest de-
pends upon the government ; and the hostility
of the government cannot go further than to
kill the bank, and cannot kill it more dead than
the old bank was killed in 1811. Mr. B. had a
fur.her comparison to draw between the conduct
of the old bank, and the present one. The old
bank permitted her discounts to remain at their
maximum to the very end of her charter ; she
discounted sixty days' paper up to the last day of
her existence ; while this bank has commenced a
furious curtailment two years and a half be

.■^»#'

rwi

i5G

THIRTY YEARS' VIEW.

fore the expiration of her charter. A|:;ain: tho
old t)ank had not an hour, ns a corporation, to
wind up her Imsiness afier tho end of her clior-
ter; tliis hunk has tho use of all her corporate
faculties, for that purpose, for two yeors ofter
tho end of her charter. Again : tho present
hank jpretends that she will have to collect the
whole of her debts within tho period limited for
winding up her aflairs ; tho old bank took up-
wards of twelve years after the expiration of her
charter, to collect hers ! She created a trust ;
she appointed trustees ; all the debts and credits
wore put into their hands, the trustees proceed-
ed like any other collectors, giving time to all
debtors who would secure the debt, pay in-
terest punctually, and discharge the principal
by instalments. This is what tho old bank
did ; and she did not close her afiairs until the
IGth of June, in tho year 1823. The whole
operation was conducted so gently, that the
public know nothing about it. The cotempora-
rics of tho dissolution of the bank, knew nothing
about its dissolution. And this is what tho
present bank may do, if it pleaflos. That it has
not done so — that it is nov/ grinding the com-
munity, and threatening to grind them still
harder, is a proof of the dangerous nature of a
great moneyed power ; and should be a warning
to the people who now behold its conduct —
who feel its gripe, and hear its threat— never to
suffer the existence of such another power in
our free and happy land.

VII. Mr. B. deprecated the spirit which seem-
ed to have broken out against State banks ; it
was a spirit which augured badly for the rights
of the States. Those banks were created by
the States ; and the works of the States ought
to be respected ; the stock in those banks was
held by American citizen*, and ought not to be
injuriously assailed to give value to stock held
in the federal bank by foreigners and aliens.
The very mode of carrying on the warfare
against State banks, has itself been an injury,
and a just cause of complaint. Some of the
most inconsiderable have been picked out —
their affairs presented in the most unfavorable
light ; and then held forth as a fair sample of the
whole. How much more easy would it have
been to have acted a more grateful, and a more
equitable part ! a part more just to the State
governments which created those banks, and
the American citizens who held stock in them !

Instead of hunting out for remote and incon
sidorablo banks, and instituting a most diitptr
aging scrutiny into their small affairs, and malt.
inf this high Senate the conspicuous theatre fur
the exhibition of their insignificance, why noi
take the higher order of the State bankn?^
those whose names and characters are vaW
known 7 whoso stock upon tho exchani^ of
London and New-York, is superior to that of
tho United States Bank ? whose individual de-
posits arc greater than those of the rival branch-
es of the Bank of the United States, seated in
their neighborhood? whose bills of cxchanm
are as eagerly sought for as those of the federti
bank 7 which have reduced exchange below the
rates of the federal bank? and which, inererr
particular that tries the credit, is superior to
the one which is receiving so much homap>
and admiration ? Mr. B. said there were plentv
of such State banks as he had described ; thn
were to be found in every principal city, from
New Orleans to Boston. Some of them had been
selected for deposit banks, others not; but
there was no difficulty in making a selection of
an ample number.

This spirit of hostility to tho State bank
Mr. B. said, was of recent origin, and seemed ti
keep pace with the spirit of attack upon the
political rights of tho States. When the first |
federal bank was created, in the year 1791, it
was not even made, by its charter, a place of
deposit for the public moneys. Mr. Jefferson
preferred tho State banks at that time; and to
declared himself in his cabinet opinion to Pre-
sident Washington. Mr. Qallatin deposited i
part of the public moneys in the State banki
during the whole of the long period that he mi
at the head of the treasury. At the dissolutioi
of tho first Bank of the United States, hetunni
over all the public moneys which he held in de-
posit to these banks, takir ;,beir obligation to |
pay out all the treasury warrants drawn u{
them in gold and silver, if desired by the bold- 1
er. When the present bank was chartered, tiie
StsCte banks stood upon an equal footing vitli
the federal bank, and were placed upon an equil-
ity with it as banks of deposit, in the very cb»
tor which created the federal bank. Mr. B.ffii
alluding to the 14th fundamental article of tii
constitution of the bank— the article which pn^
vided for the establishment of branches— uJ
which presented an argument in justification i

ANNO 1834. ANDREW JACKSON, PRESIDENT.

457

tlie removal of the flopositn which the wlvcrsa-
„,, of that incMurc most pertinaciously dvclinc
t)«n»wcr. The govcninn;nt wantcdhankH of
iliposit, not of circulotion ; and hy that article,
ihc Swtc hanks arc made just as much hankH
„f deposit for the United States as the Bank of
ihe United States is. They are put upon exact
(flinlity, 80 far as the federal government is con-
itrncd; for she stipulates but for one single
liruich of the United States Bunk, and that to
placed at Washington city. As for all other
1 branciics, their establishment was made to de-
iicnd— not on the will, or power, of the federal
1 government— not on any supposed or real ne-
cessity on her part to have the use of such
I lininclics— but upon contingencies over which
Ifhc iiad no control; contingencies depending,
I one upon the mere calculation of profit and loss
|l,y the bank itself, the other upon the subscrip-
Itions of stock within a State, and the applica-
Itioii of its legislature. In these contingencies,
namely, if the Bank of the United States thought
it to her interest to establish branches in
the States, she might do it ; or, if 2,000 shares
bf stock was subscribed for in a State, and there-
Lpon an application was made by the State le-
gislature for the institution of a branch, then its
Istablishment within the State became obliga-
»r)'upon the bank. In neither contingency
^ad the will, the power, or the necessities of
ihe federal government, the least weight, con-
crn, or consideration, in the establishment of
be branch. If not established, and so far as
he government is concerned, it might not be,
ken the State banks, selected by the United
ates Bank, and approved by If r Secretary of
be Treasury, were to be the hauk' of deposit
^r tlie federal moneys. This was au argument,
[r. B. said, in justification of the removal of the
kposits, and in favor of the use of the State
nlcs which gentlemen on the opposite side of
question — gentlemen who take so much
lins to decry State banks — have been careful
bt to answer.

IThe evils of a small paper circulation, he con-
pered among the greatest grievances that could
: a community. The evils were innumer-
le,and fell almost exclusively upon those who
: least able to bear them, or to guard against
^m. Ifa bank stops payment, the holders of
I small notes, who are usually the working
t of the community, are the laat to find it

out, and the flrf<t to suAIt. If counterfeiting
is perpetrated, it is chiefly the small nutes
which arc selected for imitation, lurausc they
are most current among th(<Be who know the
least about notes, and who are most easily mad<
the dupes of imposition, and the victiuis o(
fraud. As tlio expeller of hard nuuicy. small
notes were the bane and curse of « country. A
nation is scarce, or abundant, in hard money,
precisely in the degree in which it tolerates tiie
lower denominations of bank notes. Franre
tolerates no noteless than Ij^ 100; and has a gold
and silver circulation of 350 millions of dollars.
England tolerates no note of less than $25 ; and
has a gold and silver circulation of I.IO millions
of dollars: in the United States, where 815 is
the minimum size of the federal bank notes, the
whole specie circulation, including what is in
the banks, does not amount to thirty millions
of dollars. To increase the quantity of hard
money in the United States, and to supply thf
body of the people with an adequate specie cur
rcncy to serve for their daily wants, and ordi
nary transactions, the bank note circulation be-
low twenty dollars, ought to be suppressed. If
Congress could pass a law to that etlect, it ought
to bed one ; but it cannot pass such a law : it has
no constitutional power to pass it. Congress
can, however, do something else, which will, in
time, effectually put down such a currency. It
can discard it, and dispc,rage it. It can reject
it from all federal payments. It can reject the
whole circulation of any bank that will continue
to issue small notes. Their rejection from all
federal payments, would check their currency,
and confine the orbit of their circulation to the
immediate neighborhood of the i>?uing bank.
The bank itself would find but litt'.o profit from
issuing them — public sentiment would come to
the aid of federal policy. The people of the
States, when countenanced and Hustained by the
federal government, would indulge their natural
antipathy and honest detestation of a small
paper currency. They would make war upon
all small notes. The State legislatures would
be under the control of the people ; and the States
that should first havo the wisdom to limit their
paper circulation to a minimum of twenty dol-
lar bills, would immediately fill up with gold and
silver. The common currency would be entirely
metallic ; and there would be a broad and solid
basis for a superstructure cf large notes ; while

458

THIRTY YEARS' VIEW.

the StntcM wliich continued to tolcreto the
Bnmll notet, wuuhl b« aftlictid with all tho
cviU of a in>mt |H!MtiIontial |inrt of tho paper
nyBteni, — "iiiuil notf«, part countorfeit, part un-
current, Imlf worn out 5 and all incapable of bc-
inx UM'il witli any record to a hencflcial econo-
my. Mr. U. went on to depict tlie evila of a
fniall note currency, wliidi ho looked ujjon aa
the bane ond curne (jf the liiborinp; jwrt of tho
oonimunity, and tho reproach and opprobrium
of any government that tolerated it. IIo Bald
that tho Kovcrnnient which Puffered its curren-
cy to full into Buch a etoto that the fanner, tho
urtisan, the market man, tho day laborer, and
tho hired servant, could only be paid in small
bank notes, was a government which abdicated
one of its moat sacred duties ; and became an
accomplice on the part of the strong in tho op-
l<re88ion of tlio weak.

Mr. U. placed great reliance upon the restora-
tion of tho gold currency for putting down a
small note circulation. No roan would choose
to carry a bundle of small bank notes in his
pocket, even new and clean ones, much less old,
ragged, and filthy ones, when ho could get gold
in their place. A limitation upon the receiva-
bility of these notes, in payment of federal dues,
would complete their suppression. Mr. B. did
not aspire to tho felicity of seeing as fine a cur-
rency in the United States as there is in France,
where there was no bank note under five hun-
dred francs, and whore there was a gold and sil-
ver circulation at the rate of eleven dollars a
head for each man, woman, and child, in the king-
dom, namely, three hundred and fifty millions
of dollars for a population of thirty-two millions
of souls; but ho did aspire to tho comparative
happiness of seeing as good currency established
for ourselves, by ourselves, as our old fellow-
subjects— the people of old England — now pos-
sess from their king, lords, and commons. They
— he spoke of England proper — had no bank
note less than five pounds sterling, and they
possessed a specie circulation (of which three-
fourths was gold) at the rate of about nine dol-
lars a head, men, women, children (even pau-
pers) included ; namely, about one hundred and
thirty millions for a population of fourteen mil-
lions. He, Mr. B., must be allowed to aspire to
the happiness of possessing, and in his sphere
to labor to acquire, as good a circulation as these
English have; and that would be on immea-

surable improvement u|ion our pri'sent eoni]L
tlon. We have local bank notCM of one, tw-i
three, four dollars ; wo have federal bunk noii-i
of five and ten dollars — tho notes of thiwc Kir.
lish who are usin;? gold at homo while we ar«
using their popcr hero ;— we have not a partii ',
of gold, and not more silver than at the nu> i.\
about two dollars a head, men, women, clijldpf^
(even slaves) included ; namely, about thinr
millions of silver for a population of thlrt«(n
millions. Mr. B. believed there was not upon
the face of the earth, a country whose actual
currency was in a more deplorable conrtitioo
than that of tho United States was at prewnt'
the bitter fruit of that fatal paper system which
was brought upon us, with the establishment 01
tho first Bank of the United States in 1791 and
which will be continued npon us until the ciu.
del of that system — the Bastile of paper monn,
the present Bank of the United States,~shii
cease to exist.

Mr. B. said, that he was not the organ of tht I
President on this floor — he had no autiioritj
from the President to speak his sentiments to
the Senate. Even if he knew them, it would
be unparliamentary, and irregidar, to state them.
There was a way for the Senate to commumcin
with the President, which was too well known
to every gentleman to require any indic«tio«|
from him. But he might bo permitted to t
gest — in the absence of all rcgukr informitioi I
— that if any Senator wished to understand, and I
to comment upon, the President's opinions on |
currency, he might, perhaps, come tomctt
nearer to the mark, by commenting on what ht I
(Mr. B.) had been saying, than by having re- 1
course to the town meeting reports uf inunioi I
bank committees.

CHAPTER CVI.

AtTEMPTED INVESTIGATION OF THE BA.NKW|
THE UNITED STATES.

The House of Representatives bad appoints I
a select committee of its members to investigilil
the affairs of the Bank of the United States- 1
seven in number, and consisting of Mr. Fnnal
Thomas, of Maryland ; Mr. Edward Everett, i(|
Massachusetts; Mr. Henry A. Muhlenberg, f I

ANNO 1834. ANDIIKW JACKSON, PllESlDnNT.

439

ed thcro was not

DER CVI.

esentatives had appomtdl
its members to investigiit
ik of the United States-
coneistingof Mr. Fnnal
_ ; Mr. Edward ETeretUl
Henry A. Muhlenberg, if

PfDwylvanU ; Mr. John Y. Mhoh, of Virginia ;
\Ir. W. VV. tllBWorth, of Connecticut i Mr.
.Uiljali .Mann, Jr. of Now- York j Mr. Hobcrt T.
I vtli', o( Ohio. Tltc Autltority under wliich the
itiiumiltve acti>d, required tlicni to aoccrtain : 1.
I hi' ciusi'H of tlio commercial cmliarrasMmcnt,
III tlie imblic diutress complained of in the nu-
I LicrouD dixtruBS mcniorialH presented to the two
\\\.,\uet during the Hession; luid whether the
Uiik bad been any way inBtnimcntal, through
I iu management or money, in producing the dis-
I tnsj and enibarraa^ment, of whicli so much com-
Liunt wu) made. 2. To inquire whether the
Ichirter of the bank had been violated ; and what
Icomiptionii and abuses, if any, had existed in its
InaDagement. 3. To inquire whether tho bank
i»d uiicd its corporate power, or money, to con-
Itrul the press, to interpose in politics, or to in-
lucnce elections. The authority conferred upon
^e committee was ample for the execution of
kie inquiries. It was authorized to send for
icrsons and papers ; to summon and examine
irltnesses on oath ; to visit, if necessary, the
Principal bank, and its branches ; to inspect the
«kj, correspondence and accounts of the bank,
Dd other papers connected with its manage-
ment The right of tho House to make this
iiTcstigntion was two-fold: Jiraty under the
renty-third article of the cliarter: secondly,
the founder of the corporation ; to whom
elongs, in law language, the right to " visit "
|it institution it has founded ; which " visit-
;" is for examination^4is a bishop "vis-
b'' his diocese — a superintendent "visits " the
krks and (wrsons under his care ; not to see
km, but to examine into their management
bd condition. There was also, a third right of
pmination, resulting from the act of the cor-
pration; it was again soliciting a re-charter,
pd was bound to show that the corporators
ad used their actual charter fairly and legally
ifore it asked for another. And,/ourlhlt/, there
i a further right of investigation, still result-
; from its conduct. It denied all the accusa-
bns brought against it by the government di-
jctors, and brought before Congress by the
jcrctary of the Treasury ; and joined issue upon
pse accusations in a memorial addressed to
i two Houses of Congress. To refuse examinar
1 under these circumstances would be shrink-
; from the issue which itself had joined. The
umittee proceeded to Philadelphia, and soon

found that the bank <lid not mean to ouhmit to
an examination. CaptlouM and ft|)ecial plcailini;
objcctioHH were made at evt-ry utip, until at-
tempta on one side and obJirtiiinH on tliu otlit-r
ended in a total refusal to Kiihmit their bunks
for inspection, or thiniselves fir an exaniinntion.
The directors had ap|i<>inted a coinijany of Kvcn
to meet the committee of tho House — a pnxv-
dure unwarranted by any right or usage, an>l
offensive in its pretentious equality ; but to
which the committee coascnted, at ilrst, from
a desire to do nothing to balk the exaniination.
That corporation committee was to oit with
them, in the room in the bank assigned for the
examination ; and took care always to pie-
occupy it before the House committee arrived ;
and to act as if at home, receiving guests. Thu
committee then took a room in a hotel, and
asked to have the bank books sent to them ;
which was refused. They then desired to have
the books aubjected to their inspection in the
bank itself; in which request they were balllcd,
and defeated. The bank committee required
written specification of their points of inquiry,
either in examining a book, or asking a ques-
tion—that it might judge its legality ; which
they confined to mere breaches of the charter.
And when the directors were summoned to an-
swer questions, they refused to bo sworn, and
excused themselves on the ground of being par-
ties to the proceeding. Some passages from the
conomittee's report will show to what extent
this higgling and contumacy was carried by this
corporation — deriving its existence from Con-
gress, and endeavoring to force a renewed char-
ter from it while refusing to show how it had
used the first one. Thus :

*' On the 23d of April, their chnimian address-
ed to the President of the bank, a communica-
tion, inclosing a copy of the resolution of tho
House of Representatives, and notifying him of
the readiness of the committee to visit the bank
on the ensuing day, at any hour agreeable to
him. In reply, the President informed the com-
mittee that the papers thus received should bo
submitted to the board of directors, at a special
meetmp to be called for that purpose. It ap-
pears, m the journal of the proceedings of tho
committee, herewith presented to the House,
that this was done, and that the directors ap-
pointed a committee of seven of their board, to
receive the committee of the House of Represen-
tatives, and to offer for their inspection such
books and papers oi the bank, as may be neccs*
sary to exhibit the proceedings of the corporation

H. ■

460

THIRTY YEAIW' VIKW.

nrcnnlinir to the ro(|iiiri>incnt of the rhartcr. In
thf li'ttir iif •lolin SiTKi'iint, Kit<|., nn rlininnaii
•if th«' cMtTiinittco of (liiK'ioM ciiininiiiiicatin^thc
|iriM-<'(<iliii);s of the iMinnI, ht> itnvM tlint hi< wm
iliri-«-ffi| to jnli)riii the rhninimn of tliJH ooininitlcf
thikt tliu riiiiiiiiittttv of the (lirtrtor^ ' will ininic-
•iinU'ly ilinrt (liu nircHMary nrniiiK»'nit'iiU to \m
tniulf for th(3 arcoiiiiiuxiation of tliv coinniittcw
of tlut lloiiKo of Ui'iin'wntntivi'H,' aiid would
attend at tlio hank to r c . »>) thi>m the next day,
nt clt'Vi'n op!(M'k. Ycir roinrnitteti att4.>ndc<i,
and were n'Cfivc<l by \. i rumniittcu of di-
rwctofH.

"I'pto tills poriod, nothinp; hnd occurrctl to
Jiiatify tlio iN'lii'f that a diri|H)R|ti<>n wan fi-lt, on
the part of the manaji^rfi of the bank, to t'lnbar-
rasH the procvedinpi of the committee, or have
them conducted diirerently from those of the
two prece<Ini;^ committees of investipilion. On
nffietublin^;, however, the next morninpr, at the
bank, they found the n)om which had l)ecn
offered for their accommodation, preoccupied by
the committee of the board, with the president
of the bank, oh an e.r officio momWr, claiming
the r'\^\i to be prcnent at the inreHti^ationB and
examinations of this committee. This proceeding
the committee were not prepared to expect.
AVhcn the appointment of the committee of
Heven was first made, it was supposed that that
measure, however designed, wos not well calcu-
lated to facilitate the examination.

" With a previous determination to be present
when their books were to be inspected, they
?ould have waited to avow it until these books
were called for, and the attempt made to inspect
them in their absence. These circumstances are
now reviewed, because they then excited an ap-
prehension, which the seguel formed into con-
viction, that this committee of directors had
been appointed to supervise the acts and doings
of your conmiittee, and to limit and restrain
their proceedings, not according to the directions
contained in the resolution of the House, but
the will and judgment of the board of directors.
Your committee have chosen to ascribe this claim
of the committee of directors to sit conjointly
with them, to the desire to prevent them from
making use of the books and papers, for some
of the purposes pointed out by the resolution of
the House. They are sensible that this claim to
bo present at all examinations, avowed prema-
turely, and subsequently persisted in with pe-
culiar pertinacity, could be attributed to very
different motives; but respect for themselves,
and respect for the gentlemen who compose the
committee of directors, utterly forbids the ascrip-
tion to them of a feeling which would merit
compassion and contempt much more than re-
sentment.

" This novel position, voluntarily and deliber-
ately taken by the committee of the directors,
predicated en an idea of equality of rights with

J 'our committee, under your .esolution, rendered
t probable, and in some measure necessary, that
rour oommittoe should express itg opinions of

the ndativc rights of the corporation tn<l ii,
lloiino of |{e|ir<'Nfntativi>s. To avoid nil n,,
undcrxtnndiii^ a>id future niii*reprcM'iitii(i<inii '
was donirable that each qiu-Mtion iihoul<l U ,1,
cided M>|>arately. Contemplating an fxtn, >,,
invfiligation, biit unwilling that an B|itirilM-ti«i ,
ithould exitit of improper <liHcloNun>H \k\i\^ „^i'
(if the transactions of the bank iiml ititnii.t<itti)rl
your rtimmittee, following the exniiiiilc „f ||,, I
Cfimmittw fif IH;I2, adopted a resolution dcclanr.
that their prooewlings should be conlldentnf I
until otherwise onlere<l by the coniniiiUi., ^,1
also a resolution that the committee uoiiM ^ [.
duct its investigations ' without the |in-iti'iic« . ' |
any jK'rson not rcquin'd or invite<l to atUnil
A copy of these resolutions was furniKhwl toil, I
cunimUtco of directors, in the ho|)o thnt tlutj.
elusive control of a room at the bank, diirinit m 1
hours of business, would thereufliT lie coiiadiJ
to your committee, while the claim uf tlic cum! I
mittee of directors to bo present when the Ixjoiu I
were submitted for inspection, should )io th,.).!
poned for decision, when the books were calkil I
for and produced by them. I

"On the 28th ult. this committee onncmlili'^l
at the banking house, and again found thiruntl
they expected to find set apart for their wA
preoccupied by the committee of dircctorj,nii|
others, oiUcers of the bonk. And instead r„'f
such assurances as they had a riglit to nin-A
they received copies of two resolutions adoiitajl
by the board of directors, in which they «m|
given to understand that their continued waA
pation of the room must be considered a laviJ
and not a matter of right ; and in which tlxl
board indulge in unjust commentaries on tiJ
resolution of the House of Uepre8entativcK;aai|
intimate an apprehension that .your comniitttti
design to make their examinations secret, pv'l
tial, unjust, oppressive and contrary to couuuul
right."

On receiving this oflensive communicstioil
manifestly intended to bring on a quarrel, tltl
committee adopted a resolution to sit in a nxtl
of their hotel, and advised the bunk occordin^j J
and required the president and directors to iu J
mit the books to their inspection in the rooi|
so chosen, at a day and hour named. To tlii
the directors answered that they could i.ot c
ply ; and the committee, desirous to do all thnl
could to accomplish the investigation committe
to them, then gave notkw that they would att(ii|
at the bank on a named day and hour to iiisp(
the books in the bank itself— cither at I
counter, or in a room. Arriving at thei
poinited time, and asking to see the books, t
were positively refused, reasons in writing kill
assigned for the refusal. They then mukil
I written reque^ to see certain books specificillT|
I and for a specified purpose, namely, to ascert

AlfirO 1184. ANDRKW JACKflOX, mRSlDF.NT.

461

ho cornortti'm tni| ni
vod. To tvftiil nil n,.
r« miHrcpri'Mutntidtn ,•
I qiu-Htion «h<iii|i| U ,i..
t«iii|ilatiii|t nil cxtrii \:<
liiiirtliatann|i|iri'h<'ii>i ..
r (liscloHurcH U in^' im,;
el)ank uikI itHciistiitm^
rinn tl"^ fxniiiiiU' (if ti,
»tt'<l a resolution (Uclam j
I ihould 1)0 conllili'Diu;
A by tho coiiiiiiiUd', uA
ho comiiiittco wouM c !,•
' without tho iin-Hiiicc ■'.
L'd or Invitwl to atUM.
tionH was furnihlied lull, 1
I, In tho bono th«t tho u.
im at the bank. Uiirinn lu
lid tbcrt'iifliT Ik" conwdiill
fiile tho claim uf the cmri.
bo present whentheWiiu|
ispoction, Bhould Ih) |ii,.i.
lion tho books were calW I
;heni.
this committee nssemliWl

and again found thurui&l
i set apart for their ^1
ommittoo of directors, atj I
10 bank. And instead ill
hey had a right to ex[«il
)f two resolutions aduiJtoll
ctors, in which they wml
that their continued ocoil
nust bo considered a lavij

right ; and in which tin I
ijust commentaries on llJ
use of Uepre8entativon;iiai|
nsion that .your coramiitel
[• examinations secret, {«•[
ve and contrary tu cummj

oflensive communicaticul
to bring on a quarrel, tl«l
resolution to sit in a nxtl
vised the bank accordinfl; J
•sident and directors to siiVl
leir inspection in the wmI
and hour named. Toi
•ed that they could i.ot c
ittee, desirous to do all thnl
the investigation committell
iotk» that they would altraj
med day and hour to insp
bank itself— cither at I
oom. Arriving at the i
sking to see the books,'
ised, leasons in writing leal
efusal. They then nukil
Bee certain books spcclflcill!|
purpose, namely, to ascerl

.> truth of tho rojvirt «>f tho (p)Temmcnt dl-
ri'Ctun ill •■'•inK III" nionoy and |M)wer of tho
l,»nk in |H)litieM, in eloctiona, or in producing
ihc dintreiis. Tlio mannor In which this call
wK tre»tf<l mutt Ik) given in tho wonU of tlie
|r,[H,rtit»i'lf; ll»"«:

•Without giving a specific answer to tlieso

L|l< fur liooM and papers, tho committee of

Llinfton presented a written communication,

tvhu'h was ^'aid to Itv ' indicative of thu mudo of

iniow'liiig deemed right by the bank.'

"The connuittee of the Imanl in that commu-
Ljfjtion, expresM tho opinion, that tho inquiry
\m only 'w rightftilly extended to alleged viola-
Itiotis of the charter, ami Veny virtually the right
I (if the House of llenresentat'ves tu authorize
Ithc inquiries required in tho resolution.

Thcv also retjuired of tho committee of in-

IrMtipatlon, ' when they asked for books and

Ikiper'*, to Mtatu siiecillcally in writing, tho pur-

liKises for which they are proposed to be insncct-

>1 ; and if it be to establish a violation or tho

tharter, then to state specifically in writing,

jrhat iro the alleged or supposed violations of

cliirter, to which tho evidence is alleged to be

ip,ilieable.'

I 'To this extraordinary requirement, made
in the ,iuppo»ition that your committee were
iharpcd with the duty of crimination, or prose-
Vition for criminal ott'en^, and implying a right
fen the part of tho directors to determine for
irhiit purposes the inspection should be made.
il Aat Ijooks or papers should be submittea
1 inspection, your committee replied, that they
jrere not charged with the duty of criminating
H' bank, its directors, or others ; but simply
_j inquire, amongst other things, whether any
Ln^'ocution in le^'d form should bo instituted,
iid from tho nature of their duties, and tho in-
jiructions of the House of Kepresentatives, they
fm not bound to state specifically in writing
ny charges against the bank, or any special
urposc for which they required the pi oductiun
f the books and papers for inspection."

I The committee then asked for copies of the

counts and entries which they wished to see,

^d were answered that it would require the

or of two clerks for ten months to make them

kt ; and so declined to give the copies. The com-

kttce finding that they could make nothing out

[books and papers, determined to change their

imination of things into that of persons $ and

r that purpose had recourse to the subpoenas,

Dished by the House ; and had them served

\ the United States marshal on the president

I directors. This subpoena, which contained

jclauee uf duces tecum, with respect to the

bks. was so far obeyed as to bring the direc-

tor* in person iM'forx the r<iininttti« ; and ho far
diNolM*yed as to bring (hnii Mitlmut the IxMikii,
and no far cxn)i'(h'd an to bring tliciii with •
written refbsal to Iw swoni — for reanont which
they Htatc<l. lint this part lU MTveM to >m> tidd
in the language of the re|M)rt ; which says :

" Delioving they had now exhnui«ted, in their
ofTortfl to execute tho duty devolved upon theui,
all reasonable means <<e|)on(ling solely ii|Min thu
provisions of the bank charter, to obtain the
inH|)«.'rtion of the books of this corporation, your
committee were at last reluctantly coni|i4-lle(l to
rofort to tho siibnwnas which had In-en funiii>hed
to them under tnu seal of this House, and at-
tested by its clerk. Thev, thereby, on the 0th
inst. directed tho marshal <*f the eastern district
of Pennsylvania to summon Nicholas Hidille,
president, and thirteen other iiersons, directors
of the bank, to attend at their committee room,
on the next day, at twelve o'clock, at noon, to
testify concerning the matters of which your
committee were authorized to inqiiin*, and to
bring with them certain Imoks therein named
for ins|)ection. Tho marshal sened tho sum-
mons in due form of law, and at the time ap-
jiointcd, the persons therein named a|i|K>ared
before tho committee and prcsi>nted a written
communication signed by each of them, as tho
answer of each to the requirements of tho sub-
poena, whKh is in tho appendix to this raport.
In this paper they declare 'that they do not
produce the books required, because they aro
not in the custody of either of us, but as hns
been heretofore stated, of the board,' and add,
' considering that as corporators and directors,
we are parties to the proceeding — we do not
consider ourselves bound to testify, and there-
fore respectfully decline to do so.' "

This put an end to the attempted investiga-
tion. The committee returned to Washington
— made report of their proceedings, and moved :
" That the speaker of this House do issue his
warrant to the sergcant-at-anns, to arrest Ni-
cholas Biddle, president — Manuel Eyre, Law-
rence Lewis, Ambrose White, Daniel W. Cox,
John Holmes, Charles Chauncey, John Goddard,
John R. Neff, William Piatt, Matthew Newkirk,
James 0. Fisher, John S. Henry, and John
Sergeant, directors — of the Bank of the United
States, and bring them to the bar of this House
to answer for the contempt of its lawful au-
thority." This resolve was not acted upon by
the House ; and the directors had the satisfaction
to enjoy a negative triumph in their contempt
of the House, flagrant as that contempt was
upon its own showing, and still more so upon
its contrast with the conduct of the same bank

r ;

vl !

i»

«62

THIRTY TEARS' VIEW.

(though under a diiTcrent set of director*;), In
the year 1819. A committee of inTcstigation
was then appointed, armed with the same powers
which were granted to th-s committee of the
year 1834 , and the directors of that time readily
submitted to every species of examination which
the committee chose to make. They visited the
principal bank at Philadelphia, and several of
its branches. Thoy hud free and unrestramed
access to the books and papers of the bank.
They were furnished by the officers with all the
copies and extracts they asked for. They sum-
moned before them the directors and officers of
the bank, examined them on oath, took their
testimony in writinj^ — and obtained fiiU answers
to all their questions, whether they implied
illegalities violative of the charter, or abuses, or
mismanagement, '.- - 'akes and errors.

CHAPTER CVII.

MB. TANEY'S REPORT ON THE FINANCES— EXPO-
SURE OF Tllli DISTRESS ALARMS— END 01 THE
PANIC

About the time when the panic was at its height,
and Congress most heavily assailed with dis-
tress memorials, the Secretary of the Treasury
was called upon by a resolve of the Senate for
a report upon the finances — with the full be-
lief that the finances were going to ruin, and
that the government would soon be left without
adequate revenue, and driven to the mortifying
resource of loans. The call on the Secretary
was made early in May, and was answered the
middle of June ; and was an utter disappoint-
ment to those who called for it. Far from
showing the financial decline which had been
expected, it showed an increase in every branch
of the revenue ! and from that authentic test of
the national condition, it was authentically
shown that the Union was prosperous ! and that
the distress, of which so much was heard, was
confined to the victims of the United States
Bank, so far as it was real; and that all beyond
that was fictitious and artificial — the result of
the machinery for organizing panic, oppressing
debtors, breaking up labor, and alarming the
timid. When the report came into the Senate, the
reading of it was commenced at the table of the
•Secretary, and had not proceeded far when Mr.

Webster moved to cease the reading;, and mi
it to the Committee on Finance— that comniit
tee in which a report of that kind could not t
pect to find either an early or favorable noti«
We had expected a motion to get rid of it I
some quiet way, and had prepored for whatevc
might happen. Mr. Taney had sent for me. He
day before it came in; read it over with me
showed me all the tables on which it yn^,
founded ; and prepored m« to sustain and m-
bla.-'.on it : for it was our intention that Buch 1 1
report should go to the country, not in
quiet, subdued tone of a State paper, butwitil
all the emphasis, and all the challenges to mil
lie attention, which the amplifications, theaui-l
mation, and the fire and freedom which \\A
speaking style admitted. The instant, theil
that Mr. Webster made his motion to Btop tin I
reading, and refer the report to the Finanul
Committee, Mr. Benton rose, and demandell
that the reading be continued : a demand whiii
he had a right to make, as the rules gave it to I
every member. He had no occasion to hear it I
read, and probably heard nothing of it; buttld
form was nect.5sary, as the report was to be tlxl
text of his speech. The instant it was done.ktl
rose and delivered his speech, seizing the cireuB-l
stance of the interrupted reading to furnish i!t|
brief exordium, and to give a fresh and ii.f
promptu air to what he was going to say. Tltl
following is the speech :

Mr. Benton rose, and said that this repoitl
was of a nature to deserve some attention, k\
fore it left the chamber of the Senate, and well
to a committee, from which it might not I^l
tarn in time for consideration at this mm\
It had been called for under circumEtfuml
which attracted attention, and disclosed icforl
mation which deserved to be known. It nl
called for early in May, in the crisis of tk|
alarm operations, and with confident assertioi
that the answer to the call would prore t!i{
distress and the sufiering of the countrr,
was confidently asserted that the Secrelairif
the Treasury had over-estimated the rerem
of the year ; that there would be a great I
ofi"-— a decline — a bankruptcy ; that confidn
was destroyed— enterprise checked— indui
paralyzed— <;ommeree suspended! that the dnj
ful act of one man, in one dire order, had chai
the face of the country, from a scene of uupi
alleled prosperity to a scene of unparalld

ANNO 1834. ANDREW JACKSON, rUESIDKXT.

4G3

\e the readinR. and tn^
1 Finance— that commit.
f that kind could not n-
jnrly or favorable not'w,
)tion to get rid of it, jj
id prepared for whatever
iney had sent for me. tie
; read it over with me,
tables on which it wu
d me to sustain and em.
lur intention that such \
the country, not in il,e
f a State paper, but witt
all the challenges to pub.
le amplifications, the ani-
and freedom which tkl
:ted. The instant, theil
de his motion to Btop tl«
le report to the Finan«
iton rose, and demaniieiil
ontinued : a demand whidi
ke, as the rules gave it to
had no occasion to hear it
;ard nothing of it ; huttki
IB the report was to be ttit
rhe instant it was done, It
i speech, seizing thecireuii-
pted reading to furnish t!(
to give a fresh and ii'
he was going to say. Tl«
!ch:

and said that this rcpon
leserve some attention, l«.
ber of the Senate, and wen
m which it might not»
nsideration at this sesaa
I for under circumstanm
ention, and disclosed iiitff
ved to be known. It ml
May, in the crisis oftk
id with confident assertii
» the call would prove t
ifiiering of the country
erted that the Secretaiy
)ver-estimated the reve
here would be a great falli:
)ankruptcy ; that confidi
iterprise checked— indwi
rce suspended! that the liii
n one dire order, had ch
ntry, from a scene of un]
to a scene of unparal!

desolation ! that the canal was a solitude, the
'live a desert waste of waters, the ocean with-
out ships, the commercial towns deserted, silent,
and sad ; orders for goods countermanded ; for-
i-Ti purchases stopped ! and that the answer
of the Secretary would prove all this, in show-
j„j the falsity of his own estimates, and the
jreat decline in the revenue and importations
of the country. Such were the assertions and
nrcdictions under which the call was made, and
10 which the public attention was attracted by
every device of theatrical declamation from this
iluor. Well, the answer comes. The Secretary
sends in his report, with every statement called
for. It is a report to make the patriot's heart
rejoice! full of high and gratifying facts; re-
plete with rich information ; and pregnant with
evidences of national prosperity. How is it re-
ceived—how received by those who called for it?
With downcast looks, and wordless tongues ! A
motion is even made to stop the reading! to stop
Slae reading of such a report ! called for under
n;:h circumstances ; while whole days are given
p to reading the monotonous, tautologous, and
ndless repetitions of distress memorials, the
;ho of our own speeches, and the thousandth
lion of the same work, without emendation
ir correction ! All these can be read, and
rinted, too, and lauded with studied eulogium,
d their contents sent out to the people,
[reighted upon every wind; but this official
port of the Secretary of the Treasury, upon
e state of their own revenues, and of their
wu commerce, called for by an order of the
nate, is to be treated like an unwelcome and
orthless intruder ; received without a word —
t even read — slipped out upon a motion —
posed of as the Abb6 Sieyes voted for the
lath of Louis the Sixteenth : mort sang phrase !
(ath, without talk ! But he, Mr. B., did not
ican to suffer this report to be dispatched in
s unceremonious and compendious style. It
id been called for to be given to the people,
id the people should hear of it. It was not
it was expected, but it is what is true, and
t will rejoice the heart of every patriot in
lerica. A pit was dug for Mr. Ta^ey ; the
T8 of the pit have fallen into it ; the fault
not his ; and the sooner they clamber out, the
ter fur themselves. The people have a right
Icnow the contents of this report, and know
they shall ; and if there is any man in tlus

America, who^^e heart is so construeted as to
grieve over tlie prosperity of his count ry, let
him prepare himself for sorrow ; for the pro<.f
is forthcoming, that never, since America had .t
place among nations, was the prosjjerity of the
country equal to what it is at this day !

Mr. B. then requested the Secretary of the
Senate to send him the report, and coniparntive
statements ; which being done, Mr. B. opened
the report, and went over the heads of it to
show that the Secretary of the Treasury had
npt over-estimated the revenue of the year, as
he had been charged, and as the report was ex-
pected to prove : that the revenue was, in fact,
superior to the estimate ; and that the impor-
tations would equal, if not exceed, the highest
amount that they had ever attained.

To appreciate the stutemeuts which he should
make, Mr. B. said it was necessary for the Senate
to recollect that the list of dutiable articles was
now greatly reduced. Many articles were now
free of duty, which formerly paid heavy duties ;
many others were reduced in duty ; and the fair
effect of these abolitions and reductions would
be a diminution of revenue even without a dimi-
nution of imports ; yet the Secrctary'.s estimate,
made at the commencement of the session, was
more than realized, and showed the gratifyinj;
spectacle of a full and overflowing treasury, in-
stear. of the empty one which had been pre-
dicted ; and left to Congress the grateful occupa-
tion of further reducing taxes, instead of the
odious task of borrowing money, as had been
so loudly anticipated for six months past. The
revenue accruing from imports in the first quar-
ter of the present year, was 5,344,540 dollars ;
the payments actually made into the treasury
from the custom-houses for the same quarter,
were 4,435,386 dollars ; and the payments from
lands for the same time, were 1,398,200 dollars.
The two first months of the second quarter were
producing in a full ratio to the first quarter ;
and the actual amount of available funds in the
treasury on the 9th day of this month, was
eleven millions, two hundred aud forty-nine
thousand, four hundred and twelve dollars. The
two last quarters of the year were always the
most productive. It vas the time of the largest
importations of foreign goods which pay most
duty — the woollens — and the season, also, for
the largest sale of public lands. It is well be<
licTcd that the estimate will be more largely ox

t. ,

,,{..

; 1

ii-i

iv;

464

TUIRTV YEAIW VIEW*.

r-'r

ccedcd in those two quarters than in the two
first ; and that the excess for the whole year,
over the estimate, will be full two millions of
dollars. This, Mr. B. said, was one of the evi-
dences of public prosperity which the report
contained, and which utterly contradicted the
idea of distress and commercial embarrassment
which had been propagated, from this chamber,
for the last six months.

Mr. B. proceeded to the next evidence of com-
mercial prosperity ; it was the increased importa-
tions of foreign goods. These imports, judging
from the five first months, would be seven mil-
lions more than they were two years ago, when
the Bank of the United States had seventy mil-
lions loaned out ; and they were twenty millions
more than in the time of Mr. Adams's adminis-
tration. At the rate they had commenced, they
would amount to one hundred and ten millions
for the year. This will exceed whatever was
known in our country. The imports, for the
time that President Jackson has served, have re-
gularly advanced from about $74,000,000 to
$108,000,000. The following is the statement
of these imports, from which Mr. B. read :

1829 .... $74,492,527

1830 . . . 70,87G,920

1831 .... 103,191,124

1832 . . . 101,029,266

1833 .... 108,118,311

Mr. B. sud that the imports of the lost year
were greater in proportion than in any previous
year ; a temporary decline might reasonably have
been expected ; such declines always take place af-
ter excessive importations. If ithad occurred now,
though naturally to have been expected, the &ct
would have been trumpeted forth as the infalli-
ble sign — the proof positive — of commercial dis-
trcss, occasioned by the fatal removal of the de-
posits. But, as there was no decline, but on the
contrary, an actual increase, he must claim the
evidence for the other side of the account, and
set it down as proof positive that commerce is not
destroyed ; and, consequently, that the removal
of the deposits did not destroy commerce.

The next evidence of commercial prosperity
which Mr. '^. would exhi >it to the Senate, was
in the inc. ed, and increasing number of ship
Brrivals froi.i foreign ports. The number of ar-
rivals for the month of May, in New- York,
was two hundred and twenty-three, exceeding

by thirty-six those of the moith of Aprji I
and showing not only a grci' t air incitu.
ing activity in the coniiuc. of that grey
emporium— he would not ui ;. of the Unitf,]
States, or even of North America—but h.
would call it that great emporium of the two
Americas, and of the New World ; for the goods I
imported to that place, were thence distribuKd
to every part of the two Americas, from the I
Canadian lakes to Cape Horn.

A third evidence of national prosperity vu I
in the sales of the public lands. Mr. fi. ht,i I
on a former occasion, adverted to these salei i
so far as the first quarter was concerned j md I
had shown, that instead of falling off, as hnj I
been predicted on this floor, the revenue ftoial
the sales of these lands had actually doubled I
and more than doubled, what they were it I
the first quarter of 1833. The receipts fori
lands for that quarter, were $668,526; for the I
first quarter of the present year they veitl
$1,398,206 ; being two to one, and
over! The receipts for the two first montial
of the second quarter, were also known, udj
would carry the revenue from lands, for thi|
first five months of this year, to two millioul
of dollars ; indicating five millions for thtl
whole year ; an enormous amount, from yth&l
the people of the new States ought to be,i|l
some degree, relieved, by a reduction in tlii|
price of lands. Mr. B. begged in the most en.!
phatic terms, to remind the Senate, that at tbel
commencement of the session, the sales of tbil
public lands were selected as ons of the critt-l
rions by which the ruin and desolation of thil
country were to be judged. It was then pR.I
dieted, and the prediction put forth with ill
the boldness of infallible prophecy, that the»l
moval of the deposits would stop the sales if
the public lands ; that money would disapp
and the people have nothing to buy with ; I
the produce of the earth would rot upon t
hands of the farmer. These were the pit
tions; and if the sales had really declin
what a proof would immediately be found i
the fact to prove the truth of the prophecy,!
the dire eficcts of changing the public mom
from one set of banking-houses to anoths]
But there is no decline ; but a doubling of tl
former product; and a &ir conclusion thence i
duced that the new States, in the interior,!
as prosperous as the old ones, on the

ANNO 1834. ANI>UF.W JACIC-ON, PKIIilbKNT.

465

sfo to one, and
for the two first montbil
;r, were also known, ud
enue from lands, for ilnl
this year, to two millioa
ig five millions for thel
nous amount, from v\m
5W States ought to be,ii
d, by a reduction in tliil
B. begged in the inoBteiii-|
ind the Senate, that at thtl
le session, the sales of M
sleeted as ons of the crite-l
ruin and desolation of tlii|
judged. It was then p».[
liction put forth with ill
ible prophecy, that tlK»|
ts would stop the sales d|
at money would disapp
nothing to buy with ; tliit|
earth would rot upon
These were the pr
sales had really decli
i immediately he found i
J truth of the prophecy,i
hanging the public mon
anking-houses to anotlH|
ine; but a doubling of i
i a &ir conclusion thence J
r States, in the interior,
e old ones, on the ses

Baring provcl the general prosperity of the
(oantrY'from these infallible data— flourishing
ferenue — flourishing commerce — increased arri-
fjle of ships — and increased sales of public
lands, Mr. B. said that he was far from denying
that actual distress had existed. He had ad-
niitted the fact of that distress heretofore, not
to the extent to which it was charged, but to a
sufficient extent to excite sympathy for the
(ufierers; and he had distinctly charged the
Thole distress that did exist to the Bank of
the United States, and the Senate of the Uni-
[ted States — to the screw-and-pressuro opera-
Itions of the bank, and the alarm speeches in
I (he Senate. He had made this charge; and
Imjde it under a full sense of the moral respon-
jsibility which ho owed to the people, in afHrm-
|;„„ any thing so disadvantageous to others,
Ifrom this elevated theatre. He had, therefore,
riven his proofs to accompany the charge ; and
ke had now to say to the Senate, and through
Ihe Senate to the people, that he found new
fcroofe fbr that charge in the detailed state-
ments of the accruing revenue, which had been
died for by the Senate, and furnished by the
icretary of the Treasury.
Mr. B. said he must be pardoned for rcp«;at-
kg his request to the Senate, to recollect how
ten they had been told that trade was para-
iui; that orders for foreign goods were coun-
Irmanded ; that the importing cities were the
sturcs of desolation ; their ships idle ; their
Jharres deserted ; their mariners wandering
and down. Now, said Mr. B., in looking
\iT the detailed statement of the accruing re-
nuc, it was found that there was no decline
f commerce, except at places where the policy
1 power of the United States Bank was pre-
ninant! Where that power or policy was
dominant, revenue declined; where it was
t predominant, or the policy of the bank not
lerted, the revenue increased ; and increased
; enough to make up the deficiency at the
ker places. Mr. B. proceeded to verify this
[tement by a reference to specified places.
IS, at Philadelphia, where the bank holds its
I of empire, the revenue fell ofi" about one
1; it was 31797,310 for the first quarter of
3, and only $542,498 for the first quarter of
At New- York, where the bank has not
I able to get the upper hand, there was an
«e of more Ihau ^120,000; the reve-
VoL. I.— 30

nue there, for the first quarter of IS^S, was
^.3,122,100; for the first of 1«34, it was
$3,249,780. At Boston, where the bank is
again predominant, the revenue fell off about
one third ; at Salem, Mass., it foil off four fifths.
At Baltimore, where the bank has been defeat-
ed, there was an mcrease in the revenue of more
than §70,000. At Richmond, the revenue was
doubled, from §12,034 to §25,810. At Charles-
ton, it was increased from $09,503 to $102,810.
At Petersburg, it was slightly increased ; and
throughout all the region south of the Poto-
mac, there was either an increase, or the slight
falling off which might result from diminished
duties without diminished importations. Mr.
B. said he knew that bank power was pre-
dominant in some of the cities of the South ;
but he knew, also, that the bank policy of dis-
trees and oppression had not been practised
there. That was not the region to be governed
by the scourge. The high mettle of that re-
gion required a different policy: gentleness,
conciliation, coaxing ! If the South was to be
gained over by the bank, it was to be done by
favor, not by fear. The scourge, though so
much the most congenial to the haughty spirit
of the moneyed power, was only to be applied
where it would be submitted to ; and, therefore,
the whole region south of the Potomac, was ex-
empted froTii the lash.

Mr. B. here paused to fix the attention of the
Senate upon these facts. Where the power of
the bank enabled her to depress commerce and
sink the revenue, and her policy permitted her
to do it, commerce was depreiised ; and the reve-
jue was sunk, and the prophecies of the distress
orators were fhlfilled ; but where her power did
not predominate, or where her policy required
a different course, commerce increased, and the
i^venue increased ; and the result of the whole
is, that New- York and some other anti-bank
cities have gained what Ph"adelphia and other
bank cities have lost ; and the federal treasury
is just as well off, as if it had got its accustomed
supply firom every place.

This view of facts, Mr. B. said, must fasten
upon the bank the odium of having produced all
the real commercial distress which has been felt.
But at one point, at New Orleans, there was
further evidence to convict her of wanton and
wicked oppression. It was not in the Secre-
tary's reports, but it was in the weekly returns

4GG

TIIIRTT YEARS' VIEW.

MHI

*■

of the bank ; and Rhowed that, in the beginning
or March, that institution had carried off from
her branch in New Orleans, the Bum of about
$800,000 in specie, which it hod been collecting
all the winter, by a wanton curtailment, under
the pretext of supplying the amount of the de-
posits taken from her at that place. These
(J800,000 dollars were collected from the New
Orleans merchants in the very crisis of the arri-
val of Western produce. The merchants were
jiresscd to pay debts, when they ought to have
V)cen accommodated with loans. The price of
produce was thereby depressed ; the whole
West suffered from the depression j and now it
is proved that the money was not wanted to
supply tlie place of the deposits, but was sent
to Philadelphia, where there was no use for it,
the bank having more than she can use ; and
that the whole operation was a wanton and
wicked measure to coerce the West to cry out for
a return of the deposits, and a renewal of the
charter, by attacking their commerce in the
market of New Orleans. This fact, said Mr.
B., would have been proved from the books of
the bank, if they had been inspected. Failing
in that, the proof was intelligibly found in the
weekly returns.

Mr. B. took up another table to prove the
prosperity of the country : it was in the increase
of specie since the programme for the distress
had been published. That programme dated
from the first day of October last, and the clear
increase since that time is the one half of the
whole quantity then in the United States. The
imports had been ^11,128,291 ; the exports only
^998,761.

Mr. B. remarked, upon this statement, that
it presented a clear gain of more than ten mil-
lions of dollars. lie was of opinion that two
millions ought to be added for sums not entered
at the custom-house, which would make twelve
millions 4 and added to the six millions of 1833,
would give eighteen millions of specie of clear
gain to the country, in the last twenty months.
This, he said was prosperity. It was wealth it-
self; and besides, it showed that the country
was not in debt for its large importations, and
that a larger proportion of foreign imports now
consisted of specie than was ever known before.
Mr. B. particularized the imports and exports
of gold ; how the former had increased, and the
latter diminished, during the last few months ;

and said that a great amount of gold, lx>tb fo^
eign and domestic, was now waiting in the coun-
try to see if Congress would raise gold to iu
fair value. If so raised, this gold would rcDuuii
and enter into circulation ; if not, it would im.
mediately go off to foreign countries ; for goH
was not a thing to stay where it was imdit.
valued. He also spoke of silver, and said that
it had arrived without law, but could not «>
main without law. Unless Congress passed m
act to make it current, and that at full value u
money, and not at the mint value, as bullion \^
would go off.

Mr. B. had a further view to give of the pros-
perity of the country, and further evidence to I
show that all the distress really suffered wij I
factitious and unnatural. It was in the gKi;
increase of money in the United States, duric;
the last year and a half. Ue spoke of mon«r
not paper promises to pay money, but the thin»
itself— real gold and silver — and affirmed thjt I
there was a clear gain of from eighteen to tvco-
ty millions of specie, within the time that h«
mentioned. He then took up the ciistom-hou5e I
returns to verify this important statement uk! |
to let the people see that the country was never I
so well off for money as at the very time that ii I
■was proclaimed to be in the lowest state of povJ
erty and misery. He first showed the mporJ
and exports of specie and bullion for the jevi
ending the 30th of September, 1833. It was « |
follows :

Year ending September 30. 1833.

Gold bullion,
Silver do.
Gold coin.
Silver do.

Innpor«8.

$48,267

297,840

563,585

0,160,676

$20,775

1,722,190

$7,070,368 $2,244,861

Mr. B. having read over this statement i
marked upon it, that it presented aclearbaliwl
of near five millions of specie in favor of 1
tJnited States on the first day of Octoher 1
without counting at least another million wbi
was brought by passengers, and not put i
the custom-house books. It might be i
he said, that there was a clear accession ofi
millions of specie to the money of the Us
States, on the morning of that very daj vlii
had been pitched upon by all the distress i

ANXO 183«. ANDREW JACKSON. rUKSIDK^T.

4(17

view to give of the pros-
and further evidence to
trees really suffered wk
•al. It was in the gK« I
Llio United States, duriB;
If. He Bpoke of money, I
pay money, but the thing
Bilver— and afBrmedtkt
of from eighteen to twcn-
•ithin the time that he hid
took up the custom-hois I
important statement, aid I
;hat the country was new!
as at the very time tkt ii I
in the lowest state of per- 1
5 first showed the iropotul
and bullion for the yeul
iptember, 1833. It was a I

September 30. 1833.

$7,070,368 ^2,244,861

ad over this 8tatemonti*|
t it presented a clear balii
IS of specie in favor of t
iie first day of Octoher 1
t least another million wla
issengers, and not put i
jooks. Itmightbeassui
was a clear accesBionoti
to the money of the W
ning of that very day i'
ipon by all the distress*

\m in the country, to date the niin and aenuU
lion of the countrj-.

Mr. B. then «howed a stntcment of the im.
ports and o.norts of ppccio and bullion, from
the first of October, 1833, to the 11th of June,
instant.

Mr. B. recapitulated the evidences of national
prospsrity— increased Imports — revenue from
customs exceeding the estimate — increased re-
venue from public lands — increased amount of
.»,(.;(; — above eleven millions of available funds
v.ow in the treasury — domestic and foreign
commerce active— the price of produce and pro-
perty fair and good — labor every where finding
employment and reward — more money in the
roimtry than ever was in it at any one time
iKfore— the numerous advertisements for the
parchase of slaves, In the papers of this city, for
the Southern market, which indicated the high
price of Southern products — and afBrmcd his
conscientious belief, that the country was more
prosperous at this time than at any period of
is existence 5 and inveighed in terms of strong
indignation against the arts and artifices, which
fur the last six months had disturbed and agi-
t.itcd the country, and done serious mischief to
muny individuals. He regretted the miscarriage
: cf the attempt to examine the Bank of the
; United States, which he believed would have
I completed the proof against that institution for
I its share in getting up an unnatural and facti-
tious scene of distress, in the midst of real
prosperity. But he did not limit his invective
to the bank, but came directly to the Senate,
and charged a full share upon the theatrical
I distress speeches, delivered upon the floor of
jthc Senate, in imitation of Volney's soliloquy
jover the ruins of Palmyra. Ho repeated some
I passages from the most affecting of these la-
Imcntations over the desolation of vhe country,
Ifiich as the Senate had been accustomed to hear
iabout the time of the New -York and Virginia
Jtktions. " The canal a solitude ! The lake a
fcescrt waste of waters ! That populous city
lately resounding with the hum of busy multi-
kudos, now silent and sad I A whole nation, in
|hc midst of unparalleled prosperity, and Ar-
dian felicity, suddenly struck into poverty, and
blunged into unutterable woe ! and all this by the
lirefiil act of one wilful man ! " Such, said Mr. B.,
hre the lamentations over the ruins, not of the
ladmor in the desert, but of this America, whose

true condition you liavc just feen exhibited in
the faithful re|M)rt of tlic Scert'tary of the Trea-
sury. Not even the '■ baseless fnliric of a vision ''
was ever more dcptitute of foundation, than
those lamentable accounts of desolation. Tiio
lamentation has ceased ; the panic has gone off;
would to God he could follow out the noble line
of the poet, and say, " leaving not a wreck be-
hind." But he could not say that. There were
wrecks ! wrecks of merchants in every city iu
which the bank tried its cruel policy, and wrecks
of banks in this district, where the panic speechcH
fell thickest and loudest upon the cars of an
astonished and terrified community !

But, continued Mr. B., the game is up ; the
alarm is over ; the people are tiwd of it ; the
agitators have ceased to work the engine of
alarm. A month ago he had said it was " the
last of pea-time " with these distress memorials ;
he would now use a bolder figure, and say, that
the Secretary's report, just read, had expelled
forever the ghost of alarm from the chamber of
the Senate. All ghosts, said Mr. B., are afraid
of the light. The crowing of the cock— the break
of doy — remits them all, the whol- shadowy
tribo, to their dark and dreary abodes. How
then can this poor ghost of alarm, which has
done such hard service for six months past, how
can it stand the full light, the broad glare, the
clear sunshine of the Secretary's report ? " Alas,
poor ghost ! " The shade of the " noble Dane "
never quit the stage under a more inexorable
law than the one which now drives thee away !
This report, replete with plain facts, and lumin-
ous truths, puts to flight the apparition of dis-
tress, breaks down the whole machinery of
alarm, and proves that the American people
are, at this day, the most prosperous people on
which the beneficent sun of heaven did ever
shine I

Mr. B. congratulated himself that the spectre
of distress could never be made to cross the
Mississippi. It made but slow progress any
where in the Great Valley, but was balked at
the King of Floods. A letter from St. Louis in-
formed him that an attempt had just becnmado
to get up a distress meeting in the town of St
Louis; but without effect. The officers were
obtained, and according to the approved rule of
such meetings, they were converts from Jack-
sonism ; but there the distress proceedings
stopped and took another turn. The farco

if-

468

TIllIlTY YEARJs' VIEW,

m
i

could not t)c played in that tuwn. The actors
would not mount the ntage.

Mr. B. Rpoke of the circulation of the Bank
of the United States, and said tiiat its notes
might be withdrawn without being fdt or known
by the community. It contributed but four
millions and a quarter to the circulation at this
lime. lie verified this statement by showing
thnt the bank had twelve millions and a quarter
of specie in its vaults, and but sixteen millions
and a half of notes in circulation. The diiTer-
enco was four millions and a quarter ; and that
was the precise amount which that gigantic in-
stitution now contributed to the circulation of
the country ! Only four millions and a quarter.
If the gold bill passed, and raised gold sixteen
to one, there would be more than that amount
of gold in circulation in three months. The fo-
reign coin bill, and the gold bill, would give the
country many dollars in specie, without interest,
for each paper dollar which the bank issues, and
for which the country pays so dearly. The dis-
solution of the bank would turn out twelve
millions and a quarter of sp<cie, to circulate
among the people ; and the sooner that is done
the better it will be for the country.

The Bank is now a nuisance, said Mr. B. With
upwards of twelve millions in specie, and less
than seventeen millions in circulation, and only
fifty-two millions of loans, it pretends that it
cannot lend a dollar, not even to business men,
to be returned in sixty days ; when, two years
ago, with only six millions of specie and twenty-
two millions of circulation, it ran up its loans
to seventy millions. The president of the bank
then swore, that all above six millions of specie
was a surplus ! How is it now, w ith near dou-
ble as much specie, and five millions less of notes
out, and twelve millions less of debt? The
bank needs less specie than any other banking
institution, because its notes are receivable, by
law, in all federal payments; and from that cir-
cumstance alone would be current, at par, al-
though the bank itself might be wholly unable
to redeem them. Such a bank is a nuisance.
It is the dog in the manger. It might lend
money to business men, at short dates, to the
last day of its existence ; yet the signs are for a
new pressure; a new game of distress for the fall
elections in Pennsylvania, New- York, and Ohio.
If that game should be attempted, Mr. B. said.
It would have to be done withou excuse, for

the bank was full of money; without irctcxt,
for the deposit farc-c is over; without the aid
of panic speeches, fur the Senate will not be in
session.

Mr. B. said, tluit among the strange cvcnu
which took place in this world, nothing coull
bo more strange than to find, in our own coun-
try, and in the nineteenth centiiry, any practi-
cal illustration of the ancient doctrine of tlu
metempsychosis. Stranger still, if that doctrim;
should be so far improved, as to take effect in
BouUe^ bodies ; for, according to the founder>
of the doctrine, the soul alone could transmi-
grate. Now, corporations had no souls; tbjt
was law, laid down by all the books : that all
corporations, moneyed ones especially, and abovn
all, the Bank of the United States, was most
soulless. Yet the rumor was, that this bank
intended to attempt the operation of effecting a
transfer of her soul ; and after submitting to
death in her present form, to rise up in a ncr
one. Mr. B. said he, for one, should be read,-
for the old sinner, ccme in the body of wlut
beast it might. No form should ducoivo him.
not even if it condescended, in its new shape, to
issue from Wall-street instead of Chestnut !

A word more, and Mr. B. was done. It was
a word to those gentlemen whose declarations,
many ten thousand times issued from this fluor.
had deluded a hundred thousand people to send
memorials here, certifying what those gentle-
men so incontinently repeated, that the removjl
of the deposits had made the distress, and no-
thing but the restoration of the deposits, or the
renewal of the charter, could remove the distress I
Well I the deposits are not restored, and the
charter is not renewed ; and yet the distress ij
gone ! What is the inference ? Why that gen-
tlemen ore convicted, and condemned, upon theL-
own argument ! They leave this chamber to p I
home, self-convicted upon the very test whic'j |
they themselves have established ; and after Iut
ing declared, for six months, upon this floor,
that the removal of the deposits made the dis
tref^, and nothing but their restoration, or the I
renewal of the bank charter, could reliere ii I
and that they would sit here until the dog-dan
and the winter solstice, to effect this restoration
or renewal : they now go home in good timefoi I
harvest, without effecting the restoration or tlx I
renewal ; and find every where, as they go tl» I
evidences of the highest prosperity whicheval

AXXO 1884. ANDREW JACKSON, PRESIDENT.

4G9

n, to rise up in a rev;

aen whose declarations,
es issued from this floor.
thousand people to seni
nng what those gcntle-
;peated, that the removal
ado the distress, and no-
9n of the deposits, or tlic
;ould remove the distress;
re not restored, and the I
• and yet the distress is
ference? Why that gen- 1
ad condemned, upon thel* ]
leave this chamher top
ipon the very test whiA I
established ; and aftc-liav
months, upon this floor, j
le deposits made the &
their restoration, or tie I
charter, could relieve ii
iit here until the dog-dayi
to effect this restontiw
go home in good timefoi I
ting the restoration or tin j
ery where, as they go ti«
hest prosperity which em

Wesscd the land. Yes ! repeated and exclaimed
Mr. B. with great empha.'^is, the deposits arc
not restored — the charter is not renewed — the
distress w Rone — and the distress speeches have
ceased ! No more lamentation over the desola-
tjon of the land now; and a gentleman who
fihould imdertake to entertain the Senate again
in that vein, in the face of tho present national
prosperity — in the face of the present report
from the Secretary of the Treasury — would bo
ftared at, as tho Trojans were accustomed to
ftare at the frantic exhibitions of Priam's dis-
tracted daughter, while vaticinating the down-
fall of Troy in the midst of the heroic exploits
of Hector.

At tho conclusion of this speech Mr. Webster
spoko a few words, signifying that foreigners
might have made the importations which kept
up the revenue ; and Mr. Chambers, of Mary-
land, spoke more fully, to show that there was
not time yet for the distress to work its eflTect
nationally. Mr. Webster then varied his motion,
ind, instead of sending the Secretary's report to
(he Finance Committee, moved to lay it upon the
table : which was done : and being printed, and
passed into the newspapers, with the speech to
emblazon it, had a great eflFect in bringing the
panic to a close.

CHAPTER CVIII.

UEVIVAL OF THE GOLD CUEEENCT.

A MEASURE of relief was now at hand, before

which the machinery of distress was to balk,

and cease its long and cruel labors : it was the

passage of the bill for equalizing the value of

pold and silver, and legalizing tho tender of

foreign coins of both metals. The bills were

brought forward in the House by Mr. Campbell

1 P. White of New-York, and passed after an ani-

j mated contest, in which the chief question was

I as to the true relative value of the two metals,

varied by some into a preference for national

bank paper. Fifteen and five-eighths to one wa3

I the ratio of nearly all who seemed best calcula-

I ted, from their pursuits, to understand the sub-

I ject. The thick array of speakers was on that

e; and tho eighteen banks of the city of

I New-York, with Mr. Gallatin at their head, fa-

vored that proportion. The difficulty of adjust
ing this value, so that ncitlicr metal should ex-
pel tho other, had Iwcn the stumbling hUx-k for
a great many years; ond now this difficulty
Heemcd to be as fomiidnhlc as ever. Refined
calculations were gone into : scientific light wn«
sought : history was nimmaged back to the
times of the Roman empire : and thcrv seemed
to bo no way of getting to a concord of opinion
either from the lights of science, the voice of his-
tory, or the result of calculations. The author
of this View had (in his speeches on the siil)-
ject), taken up tho question in a practical point
of view, regardless of history, and calculations,
and the opinions of bank officers ; and looking
to the actual, and equal, circulation of the two
metals in different countries, he saw that this
equality and actuality of circulation had existed
for above three hundred years in the Spanish
dominions of Mexico and South America, where
the proportion was IC to one. Taking his stand
upon this single fact, as the practical test which
solved the question, all the real ft-iends of the
gold currency soon rallied to it. Mr. White
gave up the bill which he had first introduced,
and adopted the Spanish ratio. Mr. Clowney
of South Carolina, Mr. Gillet and Mr. Cambre-
leng of New- York, Mr. Ewing of Indiana, Mr.
McKim of Maryland, and other speakers, gave it
a warm support. Mr. John Quincy Adams
would vote for it, though he thought the gold
was over-valued ; but if found to be so, the dif-
ference could be corrected hereafter. The prin-
cipal speakers against it and in favor of a lower
rate, were Messrs. Gorham of Massachusetts ;
Sclden of New- York; Binney of Pennsylvania;
and Wilde of Georgia. And, eventually the bill
was passed by a large majority — 145 to 36. In
the Senate it had an easy passage. Mr. Calhoun
and Webster supported it: Mr. Clay opposed it:
and on the final vote there were but seven neg-
atives : Messrs. Chamber* of Maryland ; Clay ;
Knight of Rhode Island ; Alexander Porter of
Louisiana ; Silsbee of Massachusetts ; Southard
of New Jersey ; Sprague of Maine.

The good effects of the bill were immediately
seen. Gold began to flow into the country
through all the channels of commerce : old chests
gave up their hordes : the mint was busy : and
in a few months, and as if by magic, a currency
banished from the country for thirty years,
overspread the land, and gave joy and confidence

in i

470

TimiTY YEARS' VIEW.

§m

to all the puntuits of industry. But this joy
was not universal. A largo interest connected
with the Bank of the United States, and its sub-
sidiary and subaltern institutions, and the whole
paper system, Tchcmently opposed it; and
spared neither pains nor expense to check its
circulation, and to bring odium upon its sup-
porters People were alarmed with counterfeits.
Gilt counters were exhibited in the markets, to
alarm the ignorant. The coin itself was bur-
lesqued, '.n mock imitations of brass or copper,
with grotesque figures, and ludicrous inscriptions
— the "whole hog" and the "better currency,"
being the favorite devices. Many newspapers
expended their daily wit in its stale depreciation.
The most exalted of the paper money party,
would recoil a step when it was offered to them,
und beg for paper. The name of " Gold humbug"
was fastened upon the person supposed to have
been chiefly instrumental in bringing the derided
coin into existence; and he, not to be abashed,
made its eulogy a standing theme — vaunting its
excellence, boasting its coming abundance, to
spread over the land, flow up the Mississippi, shine
through the interstices of the long silken purse,
and to be locked up safely in the farmer's trusty
oaken chest. For a }'ear there was a real war
of the paper against gold. But there was some-
thing that was an overmatch for the arts, or
power, of the paper system in this particular,
and which needed no persuasions to guide it
when it had its choice: it was the instinctive
feeling of the masses ! which told them that
money which would jingle in the pocket was the
right money for them — that hard money was the
right money for hard hands — that gold was the
true currency for every man that had any thing
tnie to give for it, either in lalwr or property :
and upon these instinctive feelings gold became
the avidious demand of the vast oiKrativc and
producing classes.

CHAPTER CIX.

KEJECTION OF MB. TANEV, NOMINATED FOB
8ECBETAKY OF THE TBEA8UBY.

A PRESENTIMENT of what was to happen in-
duced the President to delay, until near t'ae end
of the session, the nomination to the Senate of

Mr. Taney for Secretary of the TrcaRuiy. H,
had offended the Bank of the United States ti>'<
much to expect Itis confirmation in the pnticnt
temper of the Senate. Ho had a right to hold
back the nomination to the lost day of the rcs-
sion, as the recess appointment was valid to iis
end ; and he retained it to the last week not
being willing to lose the ablo and faithful ser-
vices of that gentleman during the actual ees.
aion of Congress. At last, on the 23d of June,
the nomination was sent in, and immediately re-
jected by the usual majority in all cases in
which the bank was concerned. Mr. Tancv,
the same day resigned his place ; and Mr.
McClintock Young, first clerk of the trcasurr,
remained by law acting Secretary, ^[r. Benja-
min Franklin Butler, of New-York, nominated
for the place of attorney-general, was confirmed
— he having done nothing since he camo into
the cabinet to subject him to the fate of liis
predecessor, though fully concurring with the
President in all his measures in relation to the
bank.

CHAPTER ex.

SENATOEIAL INVESTIGATION OF THE BANK OF
THE UNITED STATES.

Tins corporation had lost so much ground in
the public estimation, by repulsing the investi-
gation attempted by the House of Representa-
tives, that it became necessary to retrieve tie
loss by some report in its favor. The friends
of the institution determined, therefore, to have
an investigation made by the Senate— by the Fi-
nance Committee of that body. In conforraitj
to this determination Mr. Southard, on the last
day of the session moved that that committee
should have leave to sit during the recess of tin
Senate to inquire whether the Bank of the Uni-
ted States had violated its charter — ^whether it
was a safe depository of the public moneys-
and what had been its conduct since 1832 in re-
gard to extension and curtailment of loans, am]
its general management since that time. Ik
committee to whom this investigation was com-
mitted, consisted of Messrs. Webster, Tjlcr j
iZ;r'"o', Mangum, and Wilkins. Of this com-
mittee all, except the last named, were the c|>
ponents of the admmistration, friends of tin

ANNO 1884. ANDREW JACKSON, PUESIDENT.

471

lost so much ground in
ly repulsing the invesli-

House of Represents-
iccessary to retrieve tbc

its favor. The friends
mined, therefore, to Iwvc
y the Senate— by the Fi-
at body. In confonnitj
Jr. Southard, on the last
fcd that that committee
t during the recess of tin
ler the Bank of the Uni-

1 its charter— whether it
of the public moneys-
conduct since 1832 in re-
curtailment of loans, anil
nt since that time. Tie
lis investigation was corn-
Messrs. AVebster, Tyler

Wilkins. Of this com-

last named, were the op-

inistration, friends of to

\^ its zealous advocates in all the qiii<8tiuns
lii'tveen it and the government, speaking ar-
,!eDtly in its favor, and voting with it on all
,mestiOD8 during the session. Mr. Wilkins
Tcry properly refused to serve on the commit-
tee ' and Mr. King of Alabama, being proposed
in his place, also, and with equal propriety, ro-
fuicd to serve. This act of the Senate in thus
undertaking to examine the bank after a re-
iiuUc of the committee of the House of Kepre-
,eDtativc8 and still standing out in contempt of
ihat House, and by a committee so composed,
and >o restricted, completed the measure of
mortification to oil the friends of the American
Senate. It was deemed a cruel wound given to
itjelf by the Senate. It was a wrong thing,
I (lone in a wrong way, and could have no result
liut to lessen the dignity and respectability of
the Senate. The members of the committee
vere the advocates of the bank, and its public
defenders on all the points to bo examined.
I This was a violation of parliamentary law, as
I nil as of the first principles of decency and
I propriety — the whole '^f which require crimina-
Itory investigations to be made, by those who
Imake the accusations. It was to be done in va-
Ication ; for which purpose the committee was
|to sit in the recess — a proceeding without prc-
dent, without warrant from any word in the
nnstitution — and susceptible of the most abuse-
iTul and factious use. The only semblance of
precedent for it was the committee of the House
1824, on the memorial of Mr. Ninian £d-
irards against Mr. Crawford in that year ; but
^hat was no warrant for this proceeding. It
iras a mere authority to an existing commit-
which had gone through its examination,
nd made its report to the House, to continue
session after the House adjourned to take
! deposition of the principal witness, detained
' sickness, but on his way to the examination.
Ibis deposition the committee were to take,
ublish, and be dissolved ; and so it was done
ordingly. And even this slight continuation
fa committee Was obtained from the House
^th difficulty, and under the most urgent cir-
ftances. Mr. Crawford was a candidate for
presidency; the election was to come on
ifore Congress met again ; Mr. Edwards had
I criminal charges against him ; all the tes-
Dony had been taken, except that of Mr. £d-
himsolf ; and he had notified the com-

mittee that ho was on hi^ way to nppear Iwforu
them in obedienco to tliuir summon'). And it
was under these circumstances tlint tlic cxititin^
committeo was authorized tu remain in ses-
sion for his arrival — to receive his ti-stiuiony—
publish it — and dissolve. No perambulation
through the country — no indetinite session — no
putting members upon Congress per diemn and
mileage from one session to anotiicr. Wrong-
ful and abuscful in its creation, this peripa-
tetic committee of the Senate was equally tio
in its composition and object. It was com|)oscd
of the advocates of the bank, and its object evi-
dently was to retrieve for that institution a
part of the ^-round which it had lost ; and was
so viewed by the community. Xbo clear-sight-
ed masses saw nothing in it but a contrivance
to varnish the bank, and the odious appella-
tion of "whitewashing committee" was fubteu-
ed upon it.

CHAPTER CXI.

UOWNtALL OF THE BANK OF THE UNITED
STATES.

When the author of the jEneid had shown the
opening gradeur of Rome, he deemed himself
justified in departing from the chronological
order of events to look ahead, and give a
glimpse of the dead Marcellus, hope and heir of
the Augustan empire ; in the like manner the
writer of this View, after having shown the
greatness of the United States Bank — exempli-
fied in her capacity to have Jackson condemned
— the government directors and a secretary of
the treasury rejected — a committee of the IIouso
of Representatives repulsed — the country con-
vulsed and agonized — and to obtain from the Se-
nate of the United States a committee to prucccd
to the city of Philadelphia to "wash out its foul
linen;" — after seeing all this and beholding the
greatness of the moneyed power at the culmina-
ting point of its domination, I feel justified in
looking ahead a few years to see it in its altered
phase — in its ruined and fallen estate. And
this shall be done in the s'mplest form of ex-
hibition ; namely : by copying some announce-
ments from the Philadelphia papers of the day.
Thus: 1. "Resolved (by the stockholders), that

MlH

472

THIRTY YEARS' VIEW.

■i ,

it In cxpodiont for the Rnnk of the United StatcH
to innkc a peneral ashipinient of the real am!
jiersoiKil estate, poods and ehattelfl, riplitH and
credits, whatMoevir, and wheresover, of tlie Baid
corjwration, to five persons, for the payment or
Bccuring of the dehts of the same — aprceahly to
the proviHions of the acts of Assenilily of this
coniinonvvealth (Pennsylvania)." 2. " It is
known that measures have l>cen taken to rescue
the property of this shattered institution from
iropcndinp peril, and to recover as much as pos-
sihlc of those enormous bounties which it was
conceded Imd been paid by its late managers to
trading politicians aiid mercenary publishers for
corrupt services, rendered to it during its char-
ter-seeking and electioneering campaigns." 3.
" The amount of the suit instituted by the Bank
of the United States against Mr. N. Biddio is
$1,018,000, paid out during his administration,
for which no vouchers can be found." 4, " The
United States Bank is a p^-rfect wreck, and is
seemingly the prey of the officers and their
friends, which are making away with Its choicest
assets by selling them to each other, and taking
pay in the depreciated paper of the South." 5.
" Besides its own stock of 35,000,000, which is
Bunk, the bank carries down with it a great many
other institutions and companies, involving a
loss of about 21,000,000 more — making a loss
of 50,000,000 — ^bcsidos injuries to individuals."
C. " There is no price for the United States
Bank stock. Some shares are sold, but as lot-
tery tickets would be. The mass of the stock-
holders stand, and look on, as passengers on a
ship that is going down, and from which there
is no escape." 7. " By virtue of a writ of ven-
ditioni exponas, directed to the sheriff of the
city and county of Philadelphia, will be exposed
to public sale to the highest bidder, on Friday,
the 4th day of November next, the marble house
and the grounds known as the Bank of the
United States, &c." 8. " By virtue of a writ of
levari facias, to me directed, will be exposed to
public sale the estate known as 'Andalusia,'
ninety-nine and a half acres, one of the most
liighly improved places in Philadelphia; the
mansion-house, and out-houses and offices, all on
the most splendid scale 5 the green-houses, hot-
houses, and conservatories, extensive and useful ;
taken as the property of Nicholas Biddle." 9.
To the honorable Court of General Sessions.
The grand jury for the county of Philadelphia,

respectfully submit to the court, on Ihi-ir o«i|
and affirmations, that certain officers C(>nn«ci,j
with the United States Bank, have Ix'en pi|||..
of a grogs violation of the law— colludlnit t,i.
gether to defraud tho«e stockholders who h»,i
trusted their property to bo prcBer\'ed l)y then!
And that there is good ground to warrant ^
prosecution of such persona for criminal ofTcnrf .
which the grand jury do now present to thf
court, and ask that the attorney-general be <].
rcctcd to send up for the action of the puB,!
jury, bills of indictment against Nicholas Biddl,.
Samuel Jaudon, John Andrews, and others t,
the grand jury unknown, for a conspiracy tn
defraud the stockholders in the Bank ofth,
United States of the sums of, &c." 10. Billsif
indictment have been found against Nichfiki
Biddle, Samuel Jaudon and John Andrews ar.
cording to the presentment of the grand jnr,
and bench warrants issued, which have bein
executed upon them." 11. "Examination df
Nicholas Biddio, and others, before Recorder
Vaux. Yesterday afternoon the crowd uA
excitement in and about the court-room when
the examination waa to take place was eves
greater than the day before. The court-room
doors were kept closed up to within a few min-
utes of four o'clock, the crowd outside blocliing
up every avenue leading to the room. When
the doors were thrown open it was immcdiatdv
filled to overflowing. At four the Recorder
took his seat, and announcing that he wosresdr |
to proceed, the defendants were called, and set-
erally answered to their names, &c." 12. "On I
Tuesday, the 18th, the examination of Nicholu
Biddio and others, was continued, and conciud- 1
ed; and the Recorder ordered, that Nicholal
Biddle, Thomas Dunlap, John Andrews, Samnd I
Jaudon, and Joseph Cowperthwaite, each enta I
into a separate recognizance, with two or mm I
sufficient sureties, in the sum of $10,000, fori
their appearance at the present sessioii of the I
court of general sessions for the city and countrf
of Philadelphia, to answer the crime of w'Ml
they thus stand charged." 13. " Nicholas Bill- 1
die and those indicted with him have beencarritil
upon writs of habeas corpus before the Jud|(il
Barton, Conrad, and Doran,and discharged fi«|
the custody of the sheriff." 14. "The crimiiiil|
proceedings against these former officers of ti» I
Bank of the United States have been broughtbl
a dose. To get rid of the chaVges against Hmt

ANSO 1884. ANDREW JACKSOK, I'R&IDKNT.

473

B court, on their ottl.i
tain offlcem connwiM
Innk, have Ix'cn ifuilt,
the law— collmlinif t,.
BtockholdtTH who h».)
bo prcBcrvcd hy thtm,
ground to warrant \
iiw for criminal oiTcno.
:lo now present to the
attorney-general le ij.
lie action of the pniBii
[jffainat Nicholas Bidil!,
Andrews, and others, t ,
irn, for a conspiracy t^
srs in the Bank of tb
na of, &c." 10. Hills, ,f
found against NichnU<
and John Andrews, tr-
ncnt of the grand jiin,
laucd, which have bwn

11. "Examination of
others, before Rcconjw
cmoon the crowd kA
it the court-room when
to take place was even
before. The court-rooo
up to within a few mlii-
e crowd outside blocliinj
ig to the room. ■When
t open it was immcdiatelj

At four the Recordtf
mncing that he was ready
ints were called, and m-
lirnames, &c.'' 12. "On
examination of Nicholu
is continued, and conclud-

ordered, that Nichola
ap, John Andrews, Samwl
Jowperthwaite, each enta
lizance, with two or mm
the sum of ^10,000, for
;he present eessioii of the
ms for the city and county
iswor the crime of vM
5ed." 13. " Nicholas B*
with him have beencarrW
corpiis before the Judp«
Doran, and discharged fro
eriflF." 14. " The crimiiiil
hese former officers of lie
States have been broughtte
jf the chaVges agwnst tba

tithoiit trial of the fartH ai^ainst them, ticforo a
iiirr, th«*y hail themeolvea flum-nileri'd by their
Uil, and »ii«d out writM of hahms cnrpiia for
the releaoo of their perHonn. The opinions of
ihe jiidneg, the procecdinir* having been con-
flmieil, wiTo ili'livert'd ycnterday. The opinioiiH
fj,„lj;eH Barton and Conrad was for their dis-
, barge ; that of Jud(;o Doran %va8 unfavorable.
jlifV were accordingly discharged. The indig-
nttiun of the community is intense against this
j^pe from the indictments without jury trials."

CHAPTER CXII.

riKATII OV JOHN RANDOLPH, OF UOANOAKE.

lilt: died at Philadelphia in the summer of 1833
-the scene of his early and brilliant apparition
^n the stage of public life, having commenced
u? parliamentary career in that city, under the
^rst Mr. Adams, when Congress sat there, and
rhcn he was barely of an age to bo admitted
Bto the body. For more than thirty years he
ira/i the political meteor of Congress, blazing
^ith undiminished splendor during the whole
ne, and often appearing as the "planetary
l|a;!ue " which shed, not war and pestilence on
ations, but agony and fear on member.^. His
Lrcasm was keen, refined, withering — with a
jteat tendency to indulge in it ; but, as he be-
|eved,as a lawful parliamentary weapon to effect
^mc desirable purpose. Pretension, meanness,
I demagogism, were the frequent subjects of
I exercise of his talent ; and, when confined to
em, he was the benefactor of the House. "Wit
genius ail allowed him ; sagacity was a
ality of his mind visible to all observers — and
|ilch gave him an intuitive insight into the
ct of measures. During the first six years
, Mr. Jcflcrson's administration, he was the
lurat " of his party, brillicat in the charge,
always ready for it; and valued in the
Dcil, as well as in the field. He was long
chairman of the Committee of Ways and
ans— a place alwaj's of labor and responsi-
|ly, and of more then than now, when the
Dents of revenue were less abundant ; and
nan could have been placed in that situation
hng Mr. JefTersoD's time whose known saga-

city was not a pledge for the pafi-ty of hi* had
in the most iinihlcn and rriticul c-in'uinHlaniTii.
He was one ofthoxe whom tlint I'liiinciit ntntt'^*
man habitunlly consulted during the periiHl of
their friendship, and to whom he can fully coni-
inunicatetl his plans In-fori' tiny wj re given to
the public. On his arrival at WaHhington ut
the opening of each weosion of Conjrri'Hs during
this period, he regularly found waiting for him
at his established Uxlgings — thon CrawfortlV,
Georgetown — the card of Mr. JelfiT-son, with an
invitation for dinner the next day ; a dinner at
which the loading measures of the ensuing ses-
sion wero the principal topic. Mr. Jeflirson
did not treat in that way a member in whose
sagacity he had not confidence.

It is not just to judge such amnn by ordinary
rules, nor by detached and separate incidents in
his life. To comprehcud him, he must be judged
as a whole — physically and mentally — and un-
der many aspects, and for his entire life. He
was never well — a chronic victim of ill health
from the cradle to the grave. A letter from his
most intimate and valued friend, Mr. Macon,
written to me after his death, expressed the be-
lief that ho had never enjoyed during his life
one day of perfect health — such as well people
enjoy. Such life-long suffering must have its
eflcct on the temper and on the mind ; and it
had on his — bringing the temper often to the
querulous mood, and the state of his mind some-
times to the question of insanity ; a question
which became judicial after his death, when the
validity of his will came to bo contested. I had
my opinion on the point, and gave it responsibly,
in a deposition duly taken, to bo read on the
trial of the will ; and in which a belief in his
insanity, at several specified periods, was fully
expressed — ^>vith the reasons for the opinion. I
had good opportunities of forming an opinion,
living in the same house with him several years,
having his confidence, and seeing him at all
hours of the day and night. It also on several
occasions became my duty to study the ques-
tion, with a view to govern my 6wn conduct un-
der critical circumstances. Twice he applied to
me to carry challenges for him. It would have
been inhuman to have gone out with a man not
in his right mind, and critical to one's self, as
any accident on the ground might seriously com-
promise the second. My opinion was fixed, of
occasional temporary aberrations of mind ; and

474

THIRTV YEAIW VIKW.

«liirinf( Hiirli pi - Io'In Ii<> would i|o ami nay itnnite
IhinjTM — liiit uinayn in hi.'* own way — not only
inotliud, liiit i^'t'iiiiiH in hirt fnnlib*ii-H: noiliing to
bi>«|K'uk a III' I heart, but onlyo: iiltntion and t>x-
ritiinciit. Tlu) nioHt hriillunt tulk that I uwr
lii-iknl fron) liini <'.iiiiu furtli on nik-Ii (KTanioiii —
i\ How for lioiiiM (ut ono time m.*<p 1j.)1i . ), of
popiouH wit uml fliiHHic allusion— i. f*rfi'cl ^cit-
ti-rini; of the dianiondM uf thu mind. I heard a
frJL-nd ruuinrk on one of thosvoi-niHiouH, '' hu has
woHttd inti'lli-ctuikl ji'Wi'lry iiiou^ih hero thlH
fvenin^? to iijuii) many »|it'.»ker.s for grcnt ora-
tionH." I oncu nouiidfd hint on thu dvlicato
point of hirt own opinion of hinif^df : — of course
whvn he wan in a [)c>rfectly nntuinl state, and
when hu had Nuid Bomethinfi; to permit an ap-
|iroach to such a Ruhject. It wnH tlurinf^ Iun Ikist
virtit to Wttshinj^ton, two winters hif re lu iii< '1.
It was in my room, in the gloom of the e-eiiii j
liglit, as tho day was going out and the lampB
not lit — no ono prascnt but ouisclvcs — )io re-
clining on a Kofa, nilcnt and thoughtful, speak-
ing but seldom, and I only in reply, I hcanl him
repeat, as if to himself, those lines from John-
eon, (w Inch in fact I had often heard from him
before), on "Senility and Imbecility," which
show us life under its most melancholy form.

"Ill llf''H liu't fcenoo whot prodigies »urj)rt«o,
Fenr» ofllio liravo, ■nil fulUvsnf thu wise I
From MarlbnroiiKirs eyes tlu* ttrcauiR of dotage flow,
And Swilt dxi'lrus, « driveller and • show. "

When he had thus repeated these lines, which
ho did with deep feeling, and in slow and mea-
sured cadence, I deemed it excusable to make
a remark of a kind which I had never ventured
on before; and said: Mr. Randolph I have
several times heard you repeat these lines, as
if they could have an application to yourself,
while no person can have less reason to fear the
fate of Swift. T i-;i;d tli's fr sound him, and to
Bee what ho tlio'tglit m" himself. Ilir mower
wns: "I have 'v- d i i ':.''».i.' of insanitj . ' That
answer was thu 0|jciiing of a sealed book — re-
vealed to me the source of much mental agony
that I had seen him undergo. I did deem him
in danger of tho fato of Swift, and from the
same cause as judged by his latest and greatest
biographer, Sir AV^alter Scott.

His parliamentary life was resplendent in
talent — elevated in moral tone — always moving
•n the lofty line of honor and patriotism, and

Hroming every thing moan and i«<lflNh. II,, ,y
the indignant enemy of pt-rxonal and pli;,
legislation, and the very ncourgeof iutrij^e n,
corru[ii He n!venn<f<l an hon^•^t n,

tho huiiii..e«t pnrh, and ncorned tho ili.li ,,,„
though plated with gold. An opinion xru r,r
pagated that he woh flcklo in his frii n j i,
Certainly there were some eaprieioits rlim, ,
but fur more instances of steadfoHt adhrnno
His friendfthip with Mr. Macon was hii-tuR,
Their names went together in life -live tii)!fthfr I
in death — and are honored together, nioii l,
those whf kri' w them best. With .Mr. ^ut■\
well, hi- l.iji' l^hip was »till longer than thi
wita '. If '"ei , commencing in boyhood j^j
iTt'y cr'iing >\ I' >i life. So of many others; jujl
li ■)•< , li icntlv tu of his neighbors and consiit;,. j
cnts— I ue people of his congressional distrkt-
affectionaSe as w -ill as faithful to him ; ilwiibil
him a.H they did, 110..1 boyhood to the gnij
No 0)0 lelt more for frienUi.-, or was more »iil
citouB and anxious at tho side of the eickuiil
dyin^' bed. Love of wine was attributi'd iJ
him ; and what was mental excitement, wu n-l
ferrcd to deep potations. It was a gruaterroi;!
I never saw him affected by wine — not ctid itl
the slightest departure from the habitual uil
scrupulous decorum of his manners. IIln kb.!
per was naturally gay and f'Ocial, and m a\
dulged when suffering of mind and bodypn>l
mitted. lie was tho charm of the dinncr-ubitl
where his cheerful and sparkling wit dclightril
every ear, lit up every countenance, and (ItUiMil
every guest. He was charitable; but chojil
to conceal the hand that ministered rclitf, 1
have often seen him send little children outit|
give to the poor.

lie was one of the largo slaveholders of Ti^|
ginia, but disliked the institution, and,trlK
let alone, opposed its extension. Thus, iu iNJSJ
when OS chairman of the committee which I^|
noi od upon the Indiana memorial for ii tm^
rory dispensation ft-om the anti-slavery pan
the ordinance of 1787, he puts the quctki
upon a statesman's ground 5 and reports a
it, in a brief ami comprehensive argument:

"That the rapid population of the State «
Ohio sufficiently evinces, in the opinion of yn
committee, that the lab< r of the slave Iji
necessary to promote the growth and sett
ment of colonif h in that region. That this b|
bor, demonstrably tlu dearest of any, can ( ,
be employod to advautagv in the culUvtiiwi

ANNO 1834. ANUKCW iXCKMiK, UIMUKNT.

47.1

pc-moniil ftiul Jill :

HrnHrHCIifiUlllKtle l(,

ncorni'il tlio ili I; ..
I. An opinion wa* j
cklo in h\» fiiuii 1, <
lino cftjirit'iont ''littn..
»)f Ktciiiiraflt ailhcn-no.
Ir. Macon wa« hi^tohf. |
;hcr in lifo-livc Imntht, ]
norctl toprcthor, mo»i l,
iKit. ^Vitll Mr. Tu^
M ►till longtr than ilii I
nciicinn in boyhood, lal
So of many others ; jcj |
ia neighbors ami con«{iu-
is conjtrcBsionol diulriil- 1
1 faithful to him; vlmin;
,,•. boyhood to the put.
fricnUi:, or was more kjItI
t the Bide of the sidwil
r wino was attribuUti til
nontal excitement, wm n-|
)n9. It was a groat emi j
ptcd by wine — not cvin hi
ire from the habitual ull
of his manners. His U*l
ay and (-ocial, and so i>|
ng of mind and bodypn-j
charm of the dinncrUUtl
nd sparkling wit dclightoi|
f countenance, and ditaimil
vas charitable ; but chwl
that ministered relief,
send little children outttl

largo slaveholders ot Xt\
the institution, and,wti

extension. Thu8,iul8«
of the committee which »|
liana memorial for a temp
om the anti-slavery pm
•87, he puts the quc^tic
jroundj and reports i
nprehensivo argument;

population of the Stated
in«!8, in the opinion of yd
e lab< r of the slave is r
„te the growth and Mti
that region. That this l»|
thf dearest of any, can
rantageinthecultivaiwi

,|,iru ni'irc valtiablf than any known to that

^(.r.-f till' rniu'ii Stat<'«: and the conimil-

iWiii it liii.'hly <!ttii(ffroui» and inrxpediont

, ,,,,,1, r !» priiviHion wiwiy caliMilalttl to pro-

,, |,ii|)|iimH«nnd proH|)«.'rity of tho norlh-

<uui (.•.'■i!i> *"d to ^rivu strcnKthand titvu-

totluit'Ai M' tj f^vuiiir. In thi' naiutary

»lif>i» of tliM r.»jr«ci'ni8 and IxMirsolfiit n-

linint, it VH!;tvi«d that the inlmlniuil-* ' ""

lumawiil, »t no vi-ry distant day, bud nnipl,

..luinratiou for a tempi ""ary privation of labor

i,,i,i'rralioii."

llow-v* npnintt slav«'ry; and byhi« will, \>'>ih

miimitted and provided for the hundreds

Lhirh he Ill-Id. But he was against forei; n lr»-

^rftrenre with his rights, his feclinptv or hi*

btifs; and never failed to resent an.i rvbuki-

tch interference. Thus, he was .«o of the

Lt lealous of the oppose rs of tiu> propowd

|i4«ouri rcKtriction; and even voted against the

Tisiunal line of " thirty-six thirty." In the

(,11^, when tlie tenn "ttlavcholder" would Ikj

proachfuUy used, he would assunu \t, and re-

rtoameml)cr,notln the parliamentary phrakse

fcoUcague, but in the complimentui title of

pv fcUow-slavcholder." And, in Lou. ion, when

[ consijfnces of his tobacco, and the i- 'avo lac-

of his father, urged him to liber vt« his

ires, he quieted their intrusive philant liropy,

I the ffot, by saying, " Yes : you buy aad sot

[ to the amount of the money you have noeiv-

Ifrom my father and his estate for these slaves,

1 1 will set free an equal number."

In his youth and later age, he fought dm Ist :

lliis middle life, he was against them ; nnd,

1 a while, would neither give nor receiv« a

klcngc. lie was under religious convictions

Ihc contrary, but finally yielded (as ho b<-

|e<l) to an argument of his o^iti, that a due

private war, and rested upon the samt

and ShWeapcare were, in his latter year^. hi*
constant i-oiniMniAms— travdlinx with hni on
the roitd — reiu«ittinK ^ith him In th«t rlmiulMT
The iant tJMw I Mtv him (in that lii-«t vimt to
Watihin){to«V l#e>r his return from the Uiiifiuii
misaton, aik«l » n he was in full vii w of death)
I board ktni r< u<l the cha|iter in tli" Ittvi lutioiin
(of tW o|>iMlag of the seulM), with Huch |>ow-
' r wtd buauty of voice and dtdivery, and t«ueU
r -pill of patlioit, that I felt as if 1 had lu-ver
htard the chapter ^*d Kfore. Wlun he had
got to the end of Ih *»«lnK of thv isixth seal,
he stoi)|M.'d ll"' n-tti laid III' '"'ok ("inii at

I.I. hi

the place) on '•* I i
and begun a . muisc
sublimity of tlit nptui.
to which fK> <'iis»u ill? nil
vain and emipty, <• . <>
sented by l/'i "peui;, 1 tht
that their di nity wa v the!
no human power couiii n .>.
and inspire the -am* »>*• i'
ourselves into such noti
of the " wrath of the L
no proof of their divine
feelings which tlacy inspn^

, ou lii/> Lh'>1,

I 'he bcMity and

wrilii ^ 1, oom|>ari d

man compositions

titu iinageH |)ro*

eals, he u> erred

ubliiuiiy — that

same images,

>) or, and sink

the presence

— that ho wanted

« ill the sublime

C II / P T E R

DKATll OP .MU. W

1 il.

He died at the age of sixty-i
reached a place in the first line ;
bar, where there were such law \

nftcr having
' • Virginia
IS Wick-
ham, Tazewell, Watkins Leigh; unu u place in
the IVont rank of the bar of the Supreme Court,
as public war ; and that both were allow- where there were such jurists as Webster and
when there was no other redress for in- Pinkuey ; and after having attained the high
and injuries. That was his argument ; honor of professional preferment in the appoint-
I thought his relapse came more from feel- meat of Attorney General of the United States

Ithan reason ; and especially from the death
pcatur, to whom he was greatly attached,

Those duel with Barron long and greatly
lied him. He had religious impressions, and

1 of piety which showed itself more In pri-
i tbn in external observances. He was ha-

1 in his reverential regard for the divinity

^r religion ; and one of his beautiful expres-

waa, that, " If woman had lost us para-

I she had gained us heaven." The Bible

under the administration of Mr. Monroe. His
life contains instructive lessons. Bom to no
advantages tf wealth or position, he raised him-
self to whb.. ho became by his own exertions.
In danger of falling into a fatul habit in early
life, he retrieved himself (touched by the noblo
generosity of her who afterwards became his
admired and beloved wife), from the brink of
the abyss, and became the model of every do-
mestic virtue; with genius to shine without

'-'IJ^^Mki

476

THIRTY YEARS* VIEW.

labor, he yot considered (genius nothing without
labor, and gave through life a laborious applica-
tion to the study of the law as a science, ai.d to
each particular case in which he was ever em-
ployed. The elegant pursuits of literature oc-
cupied the moments taken from professional
studies and labors, and gave to the rea<ling pub-
lic several admired productions, of which the
long-desired and beautiful ''Life of Patrick
Henry,'* was the most considerable : a grateful
commemoration of Virginia's greatest orator,
which has been justly repaid to one of her first
cfass orators, by Mr. Kennedy of Maryland, in
his classic " Life of William Wirt." How grate-
ful to sec citizens, thus engaged in laborious
professions, snatching moments from their daily
labors to do justice to the illustrious dead — to
enlighten posterity by their history, and en-
courage it by their example. Worthy of his
political and literary eminence, and its most
shining and crowning ornament, was the state
of his domestic relations— exemplary in every
thing that gives joy and decorum to the private
family, and rewarded with every blessing which
could result from such relations. But, why use
this feeble pen, when the voice of Webster is at
hand ? Mr. Wirt died during the term of the
Supreme Court, his revered friend, the Chief
Justice Marshall, still living to preside, and to
give, in touching language, the order to spread
the proceedings of the bar (in relation to his
death) upon the records of the court. At the
bar meeting, which adopted these proceedings,
Mr. Webster thus paid the tribute of justice and
affection to one with whom professional rivalry
had been the source and cement of personal
friendship :

" It is announced to us that one of the oldest,
one of the ablest, one of the most distinguished
members of this bar, has departed this mortal life.
William Wirt is no more ! He has this day closed
a professional career, among the longest and the
most brilliant, which the distinguished members
of the profession in the United States have at
any time accomplished. Unsullied in every
tiling which regards professional honor and in-
tegrity, patient of laboi, and rich in those stores
of learning, which are the reward of patient
labor and patient labor only ; and if equalled,
yet certainly allowed not to be excelled, in fer-
vent, animated and persuasive eloquence, he has
left an example which those who seek to raise
themselves to great heights of professional emi-
Mnce, will, hereafter emulously itudy. For-

tunate, indeed, will be the few, who shall imiijta
it successfully ! "

" As a public man, it is not our peculiar dm-l
to speak of Mr. Wirt here. His character i'J
that respect belongs to his country, arnl
the history of his country. And, siV, jf - ,
were to speak of him in his private life A
in his social relations, all we could possibly »
of his urbanity, his kindness, tlio faithfulm-
vof his friendships, and the warmth of his afcJ
tions, would hardly seem sufficiently BtRj,
and glowing to do him justice, in thefcclJnnjl
judgment of those who, separated, now f^rj J
from his embraces can only enshrine his tncmoJ
in their bleeding hearts. Nor may wc. pir. J
than allude to that other relation, which l
longed to him, and belongs to us all ; that Lt
and pai amount relation, which connects L
with his Maker ! It may be permitted us, hoi
ever, to .have the pleasure of recording hisnaa,
as one who felt a deep sense of religious dd
and who placed all his hopes of the future l
the truth and in the doctrines of Christi J

" But our particular ties to him were the imi
our profession. He was our brother, and hti
our friend. With talents powerful enough tofj
cite the strength of the strongest, with a kjndi
both of heart and of manner capable of warn,
and winning the coldest of his brethren, hej
now completed the term of his professional!;
and of his earthly existence, in the enjojiw
of the high respect and cordial affections 7}
all. Let us, then, sir, hasten to pay to 1
memory the well-deserved tribute of ourreTi,
Let us lose no time in testifying our sens j
our loss, and in expressing our grief, that a
great light of our profession is extinguished!
ever."

CHAPTER CXIV.

DEATH OF THE LAST OF THE SIGNKIiS OF:
DECLARATION OF INUEPENDtXCE

On the morning of July 4th, 182G— just I
years after the event — but three of the fiftjJ
members of the continental Congress ofl
who had signed the Declaration of Indcpendo
remained alive ; on the evening of that (
there remained but one — Charles CarroHj
Carrollton, Maryland ; then a full score ben
the Psalmist's limit of manly life, and desti
to a further lease of six good years. It hssti
remarked of the " signers of the Declan
that a felicitous existence seems to hm\t
reserved for them ; blessed with long i
good health, honored with the public i

ANNO 1834. ANDREW JACKSON, PRICSIDKNT.

477

c the few, who shall imiut,

it is not our peculiar dwl
■t here. His charactiral
;8 to his country, ami >!

countrj'. And, sir, if J
im in his private life.aJ
18. all we could possibly yl

kindness, tho faltMiilntJ
nd the warmth of his ali«l
y seem sufficiently md
im justice, in thefcdinpiDl
who, separated, now furtTtf
an only enshrine his mtmon
arts. Nor may wc. sir, mii
t other relation, which I,
belongs to us all ; that hi?
lation, which connects m
It may be permitted u8,1ot|
easure of recording hisnaiL
leep sense of religious dj*}
I his hopes of the future, Ij
he doctrines of Christianitr,
liar tics to him were the ticsd
e was our brother, and htsl
talents powerful enough toe^
rthestrongeet,withalund!i(
of manner capable of wamu.
oldest of his brethren, he b
e term of his professionalt
y existencCj in the enjojniL
!t and cordial affections of ^
n, sir, hasten to pay to 1
deserved tribute of our »
mo in testifying our sens j
ixpressing our grief, that

jrofession is extinguis"^ "

PTER CXIV.

.astoftiiestgnkksof:
ion of inuepkndtsce.

of July 4th, 182G-ju't
^ent — ^but three of the lita
continental Congress of
le Declaration of Indepcniii
on tho evening of
but one— Charles Carrel
■land ; then a full score he]
mit of manly life, and dea
of six good years. It hu\
« signers of the Dcclm
existence seems to have
m; blessed with long life
nore4 with the public

iied to the highest dignities of the States and
,f the federal trovemnient, happy in their pos-
■ritv and happy in the view of the great and
jrnspcrous country which their labors had
brouiiht into existence. Among these, so feli-
citous and so illustrious, he was one of the most
kjppy. and among the most distinguished. He
njovcd the honors of his pure and patriot life
all their forms ; age, and health, and mind,
sixteen years beyond that fourscore which
fines labor and sorrow and weakness to man ;
inle fortune ; public honors in filling tho high-
bt offices of his State, and a seat in the Senate
the United States ; private enjoyment in an
jnorable and brilliant posterity. Horn to for-
me, and to the care of wise and good parents,
had all the advantages of education which
te colleges of France and tho " Inns of Court "
London could give. With every thing to lose
unsuccessful rebellion, he risked all from the
it opening of the contest with tho mother
kuntry : and when he walked up to the secre-
tablo to sign the paper, which might
)me a death-warrant to its authors, the re-
jrk was made, " there go some millions." And
signing was a privilege, claimed and granted.
IWU.S not present at the declaration. He was
even a member of Congress on the memora-
Fourth of July. He was in Annapolis on
It day, a member of the Maryland Assembly,
zealously engaged in urging a revocation of
instructions which limited the Maryland
mates in the continental Congress to ob-
liiig a redress of grievances without breaking
connection with the mother country. He
cceded — was appointed a delegate — flew to
post— and added his name to the patriot list.
history tells of the throwing overboard of
I tea in Boston harbor : it has not been equally
Bntive to the burning of the tea in Anna-
iiarbor. It was the summer of 1774 that
brifrantine " Peggy Stewart " approached
lapolis with a cargo of the forbidden leaves on
■i, The people were in commotion at the
It was an insult, and a defiance. Swift
notion was in preparation for the vessel :
int chastisement was in search of the owners.
)r seized them. They sent to Charles Car-
tas tlie only man that could moderate the
of the people, and save their persons and
erty from a sudden destruction. He told them
was but one way to save their persons,

and that was to bum their vessel and cargo, in<
stantly and in tho sight of the people. It wai
done : and thus the flames consumed at Anna-
polis, what tho waves had burieil at Bo.ston :
and in both cases tho spirit and the sacrifice wa.s
the same — opposition to taxation without repre-
sentation, and destruction to its symbol.

CHAPTER CXV.

COMMENCEMENT OF THE SESSION lS*t— 85:
I'KESIDEUrd MESSAGE.

Towards the close of the previous session, Mr.
Stevenson had resigned the place of speaker of
the House of Representatives in consequence of
his nomination to be minister plenipotentiary and
envoy extraordinary to the court of St. James
— a nomination then rejected by the Senate, but
subsequently confirmed. Mr. John Bell of
Tennessee, was elected speaker in his place, his
principal competitor being Mr. James K. Polk
of the same State: and, with this difl'erencc in
its organization, tho House met at the usual
time — the first Monday of December. The
Cabinet then stood : John Forsyth, Secretary of
State, in place of Louis McLane, resigned ; Levi
Woodbury, Secretary of the Treasury ; Lewis
Cass, Secretary at War; Mahlon Dickerson,
Secretary of tho Navy ; William T. Barry, Post
Master General ; Benjamin Franklin Butler,
Attorney General. The condition of our affairs
with France, was the prominent feature of tho
message, and presented the relations of the United
States with that power under a serious aspect.
The indemnity stipulated in the treaty of 1831
had not been paid — no one of the instivlments ;
— and the President laid tbe subject before Con-
gress for its consideration, ond action, if deemed
necessary,

" I regret to say that the pledges made through
the minister of France have not been redeemed.
The new Chambers met on the Sl.st July last,
and although the subject of fulfilling treaties was
alluded to in the speech from the throne, no at-
tempt was made by the King or his Cabinet to
procure an appropriation to carry it into execu-
tion. The rea-sons given for this omission, al-
though they might be considered sutticient in
an ordinary case, are not consistent with tho
expectations founded upon the assurances given
here, for there is no constitutional obstacle to

478

THIRTY YEARS' VIEW.

entering into loRisIativc business at the first
mcotinR of the Chamljcrs. This point, however,
might have been overlooked, had not the Cham-
bers, instead of beinj; called to meet at so early
a day that the result of their deliberations might
bo communicated to me before the meeting of
Congress, been prorogued to the 29th of the
present month — a period so late that their de-
cision can scarcely bo made known to the present
Congress prior to its dissolution. To avoid this
delay, our minister in Paris, in virtue of the
assurance given by the French minister in the
United States, strongly urged the convocation
of the Chambers at an earlier day, but without
success. It is proper to remark, however, that
this refusal has been accompanied with the most
jjositive assurances, on the part of the Executive
government of France, of their intention to press
(he appropriation at the ensuing session of the
Chambers.

"If it shall be the pleasure of Congress to
await the further action of the French Chambers,
no further consideration of the subject will, at
this session, probably bo required at your hands.
But if, from the original delay in asking for an
appropriation ; from the refusal of the Chambers
to grant it when asked ; from the omission to
bring the subject before the Chambers at their
last session ; from the fact that, including that
session, there have been five different occasions
when the appropriation might have been made ;
and from the delay in convoking the Chambers
until some weeks after the meeting of Congress,
when it was well kno\vn that a communication
of the whole subject to Congress at the last ses-
sion was prevented by assurances that it should
he disposed of before its present meeting, you
should feel yourselves constrained to doubt
whether it be the intention of the French govern-
ment in all its branches to carry the treaty into
effect, and think that such measures as the occa-
sion may be deemed to call for should be now
adopted, the important question arises, what
those measures shall be."

The question then, of further delay, waiting
on the action of France, or of action on our own
part, was thus referred to Congress ; but under
the constitutional injunction, to recommend to
that body the measures ho should deem neces-
sary, and in compliance with his own sense of
duty, and according to the frankness of his tem-
per, he fully and categorically gave his own
opinion of what ought to be done ; thus :

" It is my conviction that the United States
ought to insist on a prompt execution of the
treaty ; and, in case it be refused, or longer de-
layed, take redress into their own hands. Af-
ter the delay, on the part of France, of a quarter
of a century, in acknowledging these claims by
treaty, it is not to be tolerated that another
quarter of a century is to bo wasted in nego-

tiating about the payment. The laws of nstic^l
provide a remedy for such occasions, jt Ifl
well-settled principle of the international cry |
that where one nation owes another a lifuii(ij|,j|
debt, which it refuses or neglects to pav t I
aggrieved party may seize on the property | Ij
longing to the other, its citizens or Rubj«,|
sufficient to pay the debt, without giving jmI
cause of war. This remedy ha.s been rcpcattdiTT
resorted to, and recently by France herstlf • .
wards Portugal, under circumstances loss j-
qucstionable."

''Since France, in violation of the pled
given through her minister here, has ddj,,,
her final action so long that her decision ril
not probably bo known in time to be conimniJ
cated to this Congress, I recommend that a bl
bo passed authorizing reprisals upon FrewJ
property, in case provision shall not be mailcfej
the payment of the debt at the approaciit.
session of the French Chambers. Such a nJ
sure ought not to be considered by Franm niJ
menace. Her pride and power are toowj
known to expect any thing from her fuars, joj
preclude the necessity of the declaration tb
nothing partaking of the character of intiniK!
tion is intended by us. She ought to look m
it as the evidence only of an inflexible dctel
mination on the part of the United States toiJ
sist on their rights. That Government, bvij
ing only what it has itself acknowledged to I
just, will be able to spare the United States ty
necessity of taking redress into their own hami
and save the property of French citizens fm
that seizure and sequestration which Ameria
citizens so long endured without retaliation j
redress. If she should continue to refuse i
act of acknowledged justice, and, in violation^
the law of nations, make reprisals on our ;
the occasion of hostilities against the Unia
States, she would but add violence to injustid
and could not fail to expose herself to tiie d
censure of civilized nations, and to the KiM
tive judgments of Heaven.''

In making this recommendation, and in looil
ing to its possible result as producing war l
tween the two coimtries, the President <lio»ij
himself fully sensible to all the considcniu
which should make such an ovcnt de[jlonti|
between powers of ancient friend'Ship, and \k
harmony and friendship desirable for tlie i
of the progress and maintenance of liberal »
litical systems in Europe. And on this poiiiilj
said:

" Collision with France is the moretokil
gretted, on account of the position she occi)|ii
in Europe in relation to liberal institiiti(^
But in maintaining our national riglitsanJIi
or, all governments are alike to us, il'.ljl
collision with France, in a case wlierc siitl

AXXO 1831. ANDREW JACKSON', I'RfiilDENT.

479

Tnent. The laws of nstiosil
)r such occasions. It [iA
3 of the international rfj,;^!
n owes another a litjiiidjtiJ
es or neglects to iiay.ilJ
' seize on the property I.J
)r, its citizens or subjeflJ
B debt, without BivinjrjcJ
remedy ha.s been rcpeattdirl
cntly by France hers«lf t'J
ier circumstances less urj

n violation of the plod,,.
minister here, has (klav,L
long that her decision ir;!
own in time to be comnwsJ
5SS, I recommend thataliJ
;ing reprisals upon FreJ
ovieion shall not be madctJ
le debt at the approachy
ich Chambers. Such and
t)c considered by FranwiJ
de and power are toowj
ny thing from her fuars, siii
isity of the declaration tk
of "the character of intimiii]
us. She ought to look iJ
only of an inflexible dct«l
rt of the United States toiji
!. That Govemurent, bvftj
as itself acknowledp;ctl to I
a spare the United States t!i
redress into their own hani
lerty of French citizens fw
iquestration which Ameriai
durcd without retaliation t
lould continue to refuse i
ed justice, and, in violationii
, make reprisals on our pi
ostilities against the Uniiii
but add violence to injustis
to expose herself to the :•
d nations, and to the retrlJ
leaven.''

recommendation, and in 1(h|
result as producing war In
untries, the President slioiil
ible to all the considerati
ke such an ovent deiilon
ancient friend'Ship, andtlij
idship desirable for the s
nd maintenance of liberal u
Europe. And on this]

_ France is the more to k\
it of the position she occJ
lation to liberal institmiciP
I"- our national rights anillal
iTta are alike to us. \M
•ance, in a case where M

Vsriy in ^^^ wrong, the march of liberal prin-
fiMJes shall be impcfled, the responsibility for
that result, as well as every other, will rest on
l,cr own lead."

This state of our relations witii France gave
rise to some animated proceedings in our Con-

1 rnss. '•'iiich will be noticed in their proper place.
The condition of the finances was shown to bo

I „^— not only adequate for all the purposes of
the povernment and the complete extinguish-
nient of tiie remainder of the public debt, but
.till leaving a balance in the treasury equal to

I one fourth of the annual income at the end of

1 the year. Thus:

•■ According to the estimate of the Treasury
I Department, the revenue accruing from all
Ifoiirces, during the present year, will amount to
Itwenty millions six hundred and twenty-four
Itiiousand seven hundred and seventeen dollars,
Iwhich, with the balance remaining in the Trea-
Ipirv on the first of January last, of eleven mil-
llioiis seven hundred and two thousand nine hun-
dred and five dollars, produces an aggregate of
liiirty-two millions three hundred and twenty-
fctven thousand six hundred and twenty-three
Hollars. The total expenditure during the year
|or all objects, including the public debt, is esti-
nated at twenty-five millions five hundred and
linety-one thousand three hundred and ninety
tollars, which will leave a balance in the Trea-
Cury on the first of January, 1835, of six mil-
^ons seven hundred and thirty-six thousand
TO hundred and thirty-two dollars. In this
alance, however, will be included about one
Billion one hundred and fifty thousand dollars
hf what wiis heretofore reported by the depart-
ment as not ellective."

This imavailable item of above a million of
bllais consisted of local bank notes, received
payment of public lands during the years of
jeneral distress and bank suspensions from 1819
1 1822 ; and the banks which issued them hav-
failed they became worthless; and were
lally dropt from any enumeration of the con-
its of the treasury. The extinction of the
jublic debt, constituting a marked event in our
pancial history, and an era in the state of the
easury, was looked to by the President as the
eh most proper for the settlement of our
bubtful points of future policy, and the in-
mration of a system of rigorous economy : to
lich effect the message said :

I" Free from public debt, at peace with all the
Vld and with no complicated interests to con-
It in our intercourse with foreign powers, the
Wnt may be hailed as the epoch in our his-

tory the most favorable for the scttlimont of
those principles in our dome-tic policy, which
shall be best calculated to give stability to our
republic, and secure the blessings of Irec'Iom to
our citizens. While we are fi-licitating our-
selves, therefore, upon the extinguishment of
the national debt, and the prosperous state of
our finances, let >is not be tempted to depart
from those sounds maxims of ]niblic pofioy,
which enjoin a just adaptation of the revenue to
the expenditures that are consistent w ith a rigid
economy, and an entire abstinence from all top-
ics of legislation that are not clearly within the
constitutional powers of the (Jovernment, and
suggested by the wants of the country. Properly
regarded, muler such a policy, every diminution
of the public burdens arising from taxation,
gives to individiml enter])rise incivascd power,
and furnishes to all the members of our happy
confederacy, new motives for patriotic allectinn
and support. But, above all, its most important
efl'ect will l)c found in its influence upon the
character of the Goveriunent, by confining its ac-
tion to those objects which will be sure to secure
to it the attachment and support of our fellow-
citizens."

The President had a new cause of complaint
to communicate against the Bank of the United
States, which was the seizure of the dividends
due :he United States on the public stock in
the institution. The occasion was, the claim
for damages which the bank set up on a pro-
tested bill of exchange, sold to it on the faith of
the French treat j"- ; and which was protested for
non-payment. The case is thus told by the
President :

"To the needless distresses brought on the
country during the last session of Congress,
bus since been added the open seizure of the
dividends on the public stock, to the amount of
$170,011, under pretence of paying damages,
cost, and interest, upon the protested French
bill. This sum constituted a portion of the es-
timated revenues for the year 1834, ujjon which
the appropriations made by Congress were
based. It would as soon have been expected
that our collectors would seize on the customs,
or the receivers of our land offices on the
moneys arising from the sale of public lands,
under pretences of claims against the United
States, as that the bank would have retained
the dividends. Indeed, if the principle be esta-
blished that any one who chooses to set up a
claim against the United States may, without
authority of law. seize on the public property
or monej' wherever he can find it, to pay such
claim, there will remain no assurance that our
revenue will reach the treasury, or that it will
be applied after the appropriation to the jjur-
poses designated in the law. The pinniasters
of our army, and the pursers of our isavy, may,

l>7

480

THIRTY YEARS' VIEW.

under like inxtcnccs, ujjply to their own use
inoneyH ajii»ni])rittted t" fiet in motion the pub-
lic forre, luid in time of war leave the country
without defence. This measure, resorted to by
thu Bank, i.^ disorpfanizin^ and revolutionary,
and, if penerall}' resorted to by private citizens
in like cases, would lill the land with anarchy
and violence."

The money thus seized by the bank was re-
tained until recovered from it by due course of
law. The corporation was sued, judgment re-
covered against it, and the money made upon
a writ of execution ; so that the illegality of its
conduct in making this seizure was judicially
established. The President also communicated
new proofs of the wantonness of the pressure
and distress made by the bank during the pre-
ceding session — the fact coming to light that it
had shipped alwut three millions and a half of
the specie to Europe which it had squeezed out
of the hands of the people during the panic ; —
and also that, immediately after the adjourn-
ment of Congress, the action of the bank was
reversed — the curtailment changed into exten-
sion ; and a discount line of seventeen millions
rapidly ran out.

" Immediately after the close of the laat ses-
sion, the bank, through its president, announced
its ability and readiness to abandon the system
of unparalleled curtailment, and the interrup-
tion of domestic exchanges, which it had prac-
tised upon from the Isc of August. 1833, to the
30th of June, 1834, and to extend its accommo-
dations to the community. The grounds as-
sumed in this annunciation amounted to an ac-
knowledgment that the curtailment, in the ex-
tent to which it had been carried, was not
necessary to the safety of the bank, and had
been persisted in merely to induce Congress to
grant the prayer of the bank in its memorial
relative to the removal of the deposits, and to
give it a new charter. They were substantially
a confession that all the real distresses which
individuals and the country had endured for the
preceding six or eight months, had been need-
lessly produced by it, with the view of effecting,
through the sufferings of the people, the legisla-
tive action of Congress. It is a subject of con-
gratulation that Congress and the country had
the virtue and firmness to bear the infliction ;
that the energies of our people soon found relief
from this wanton tyranny, in vast importations
of the precious metals from almost every part
of the world ; and that, at the close of this tre-
mendous effort to control our government, the
bank found itself powerless, and no longer able
to loan out its surplus means. The community
had learned to manage its affairs without its
assistance, and trade had already found new

atixiliarics ; so that, on the 1st of Octnbtr !»,.
the extraordinary f^pcctade was pre.sniti.(] if
national bank, more than one half of v*),,^
capital was either lying unproductive in ,.
vaults, or in the hands of foreign bankers. '

Certainly this was a confession of the wh^;,
criminality of the bank in making the v^ist^.
but even this confession did not pre»cnt tU I
Senate's Finance Committee from niaiiintf ..
honorable report in its favor, llut tlni^, :,
something in the laws of moral right abuvu t! I
powers of man, or the designs and plans o,
banks and politicians. The greatest caianiittl
of the bank — the loss of thirty-five millions (} I
stock to its subscribers — chiefly dates from tfcii I
period and this conduct. Up to this timciis
waste and losses, though great, might still havJ
been remediable ; but now the incurable cours« I
was taken. Half its capital lying idle ! Cxjiil
borrowers were scarce; good indorsersstillinoul
so ; and a general acceptance of stocks in lieu off
the usual security was the fatal resort. First itil
own stock, then a great variety of stocks vstnl
taken ; and when the bank went into liquids I
tion, its own stock was gone ! and the others ij|
every imaginable degree of depreciation froul
under par to nothing. The government had di'l
rectors in the bank at that time, Messrs. Charles I
McAllister, Edward D. Ingraham, and — ■ EJ.!
maker; and the President was under no mislaid
in any thing he said. The message recurs i
the fixed policy of the President in selling tLtl
public stock in the bank, and says :

" I feel it my duty to recommend to you tlwl
a law be passed authorizing the sale of the [
lie stock ; that the provision of the charter «•!
quiring the receipt of notes of the bank in pavJ
ment of public dues, shall, in accordance iritll
the power reserved to Congress in the Uiil
section of the charter, be suspended until tkl
bank pays to the treasury the dividends vitJ
held ; and that all laws connecting the goren-l
ment or its officers with the bank, directly (tl
indirectly, be repealed ; and that the 'nsti&l
tion be left hereafter to its own resources uj|
means."

' The wisdom of this persevering rccommen^l
tion was, fortunately, appreciated in time ill
save the United States from the fate of otittl
stockholders. The attention of Congress ml
again called to the regulation of the deposits ill
State banks. As yet there was no law u[a|
the subject. The bill for that purpose ]
in the House of Representatives at the prerioi

AXXO 1834. ANDREW JACKSON. rUl>lI»KNT.

481

the iBt of Octobtr Iwi
acle was prt'stiittd i,| ,
han one half of wli,^,
inj: uni)ro(hictivo in ^ |

of foreign baiikLre.'

confession of the whi
k in making the Jistasi; !
ion did not pretcnl tU
umittco from nialiing a I
its favor. 15ut there Li [
1 of moral right above tl.t |
ho designs and plans o,
i. The greatest cakniitjl
s of thirty-five nuUionsri
rs— chiefly dates from thj
iuct. Up to this timciu
ugh great, might still We
t now the incurable cours«
capital lying idle! Gfxjd
c ; good indorscrs still wm
;eptancc of stocks in lieu oi I
IS the fatal resort. First, iul
reat variety of stocks wen
ic bank went into llquiiii-f
ras gone! and the others b I
cgree of depreciation, froal
T, The government had &\
at that time, Messrs. Charlal

D. Ingraham, and IllJ

sident was under nomistaktj
I. The message recurs t«|
the President in sellrngtlitl
aank, and says :

y to recommend to you m
horizing the sale of the piiM
provision of the charter n-
)f notes of the bank in pay-
's shall, in accordance vri
i'to Congress in the Htl
ter be suspended until tkl
■easury the dividends witk.
aws connecting the goverj

with the bank, directW a
ttled ; and that the msti»

r to its own resources d

his persevering rccommenttl
ely, appreciated in timenl
tates from the fate of oltel
I attention of Congress ™l
regulation of the deposits il
yet there was no law uia|
bill for that purpose pa
presentatives at the pren

,j„n, Jind U'cn laid upon the table in the
vnatf ; a"d thus was kept o|K'n a head of coni-
iilnint aj.'aiii''t the President for the illi-gal cus-
todv of the public moneys. It was not illegal.
It \vas the custody, more or less resorted to,
unilef ever}' administration of the federal gov-
oniincnt and never called ille-fal except under
President Jackson ; but it was a tnistof a kiml
I [0 require regulation by law ; and he, therefore,
farnestly recommended it. The message said :

• The attention of Congress is earnestly in-

I vited to the regulation of the deposits in the

Stale banks, by law. Although the jwwer now

lexcrciseil by the Executive department in thi.s

lu'half is only such as was uniformly exerted

Ithroueh every administration from the origin of

Itlie eovernmi-'nt up to the establishment of the

liiresent bank, yet it is one which is su.^ceptible

cfresrulation by law, and, tlicrefore, ought so to

> re^ilatcd. The power of Congress to direct

In what places the Treasurer sliull keep the

nonevs i» the Trea.sury, and to impose restric-

jions upon the E-xecutivo authority, in relation

J their custody and removal, is unlimited, and

l, exercise will rather be courted than discour-

cod by those public officers and agents on whom

jests the responsibility for their safety. It is

lesirable that as little power as possible should

left to the President or Secretary of the

jreasury over those institutions, which, being

liu8 freed from Executive influence, and without

[common head to direct their operations, would

ive neither the temptation nor the ability to

Iterfere in the political conflicts of the country.

lot deriving their charters from the national

pthorities, they would never have those induce-

mts to meddle in general elections, which

kvc led the Bank of the United States to agi-

]te and convulse tl-.e country for upwards of

to years."

|The increase of the gold currency was a subject
I congratulation, and the purification of paper
\ the suppression of small notes a matter of
nestrecommendation with the President — the
iter addressed to the people of the States, and
try way worthy of their adoption. He said :

*The progress of our gold coinage is credita-

) to the oflicers of the mint, and promises in a

■rt period to furnish the country with a

■ml and porti\ble currency, which will much

liinish the inconvenience to travellers of the

U of a general paper currency, should the

b banks be incapable of furnishing it. Those

Btutions have already shown themsielves coin-

tnt to purchase and furnish domestic exchange

[the convenience of trade, at reasonable rates ;

I not a doubt is entertained that, in a short

d, all the wants of the country, in bank

bmmodations and exchange, will be supplied

roniptly and as cheaply as they have hei-e-

Vol. I.— 31

tofore \)ivn by the Hank of ihi- rnitcd ,'^tntc«
If the srveiai State* sliall be induced gradually
to n'forni their banking .'^ystetiis, and prohibit
the is,suu i.f all small notes, we shall, in a few

f'cars, have a curreiii-y us sound, and as little
iable to fluctuations, as any other commercial
country."

The message contained the :t.anding recom-
mendation for reform in the presidential election.
The direct vote of the people, the President con-
sidered the only .safeguard for the purity of that
election, on which depended so nnu h of the
safe working of the government. The message
said:

" I trust that I may be also pardoned for re-
newing the recommendation I have so often sub-
mitted to j-our attention in regard to the mode
of electing the President and Vice-President of
the United States. All the reflection 1 have
been able to bestow iipon the subjei't, incre.i.scs
my conviction that the best interests of the
country will be promoted by the adoption of
some plan which will secure, in all contingencies,
that important right of sovereignty to the direct
control of the people. Could this be attained,
and the terms of those officers be limited to a
single period of either four or six years, I think
our liberties would possess an additional safe-
guard."

CHAPTER CXVI.

EEPORTOF THE BANK COMMITTKK.

Early in the session the Finance Committeo
of the Senate, which had been directed to make
an examination into the affairs of the Bank of
the United States, made their report — an ela-
borate paper, the reading of which occupied two
hours and a half, — for this report was honoreil
with a reading at the Secretary's table, while but
few of the reports made by heads of departments,
and relating to the aff'airs of the whole Union,
received that honor. It was not only read
through, but by its author — Mr. Tyler, the se-
cond named of the committee; the first named, or
official chairman, Mr. Webster, not having acted
on the committee. The report was a most ela-
borate vindication of the conduct of the bank at
all points ; but it did not stop at the defence of
the institution, but went forwaid to the crimi-
nation of others. It dragged in the names of
General Jackson, Mr. Van Buren, and Mr. Ben-
ton, laying hold of the circumstance of their
having done ordinarv acts of duty to their friends

48-2

THIRTY YEARS' Vi3A.

i f

nn<l constiliif;;i(s in prttmotin;? llicir application
for brancli Imnks, to r.ii(<c false implications
ajrainst tht'in as liavinp boon in favor of (he in-
stitution. If such had been the fact, it did not
come within tlie rcoim; of the committee's ap-
jiointmcnt, nor of tlie resolution under which
they acted, to have reported upon such a cir-
ciiinstaiicc : but the iuiplicationsi were untrue ;
and Mr. ]»enton being the only ono present that
had the right of sj)ecch, assailed the report the
instant it wati re:id — declaring that such things
wore not to pass uncontradicted for an instant
— that the .Senate was not to adjourn, or the
p.illerics to disperse without hearing the contra-
diction. And being thus suddenly called up by
a sens(^ of duty to himself and his friends, he
Avould do justice upon the report at once, expos-
ing its numerous fallacies from the moment they
appeared in the chamber. lie commenced with
tlie imputations upon himself, General Jackson
and Mr. Van Buren, and scornfully repulsed the
base and gratuitous assumptions which had been
made. He said :

" Ilis own name was made to figure in that
report — in very good company to be sure, that
of President Jackson, Vice-President Van Buren
and Mr. senator Grundy. It seems that we
have all been detected in something that dc-
sei-ves exposure — in the oflcncc of aiding our re-
spective constituents, or fellow-citizens in ob-
taining branch banks to be located in our respec-
tive States ; and upon this detection, the assertion
is made that these branches were not extended
to these States for jiolitical effect, when the
charter was nearly run out, but in good faith,
and upon our application, to aid the business of
the country. Mr. B. said, it was true that he
had forwarded a petition from the merchants of
St. Louis, about 182G or '27, soliciting a branch
at that place : and he had accompanied it by a
letter, as he had been requested to do, sustaining
and supporting their request ; and bearing the
testimony to their characters as men of business
p.nd property which the occasion and the truth
requiretl. lie did this for merchants who were
his political enemies, and he did it readily and
cordially, as a representative ought to act for
his constituents, whether they arc for him, or
against him, in the elections. So far so good ;
but the allegation of the report is, that the
branch at St. Louis was established upon this
petition and this letter, and therefore was not
established with political views, but pirely and
sin);iiy for business purposes. Now, said Mr.
B., 1 have a question to put to the senator from
^'irginia (Mr. Tyler), who has made the report
for the committee : It is this : whetlier the pre-
sident or directors of the bank had informed him
that General Cadwalladcr had bcon sent as an

agent to St. Ivouis. to examine the plnrc. «nd u
report upon its obility to stistain a branch ?

"Mr. Tyler rose, ana said, that he had hcaM
nothing at the bank upon the subjict of Qn
Cadwalladcr having \mn sent to St. I^uij,
any rept>rt upon (he place being made." '

" Then, said Mr. Benton, resuming his spewh
the committee has been treated un'.VdrthjK _
ficurvily,— basely,— by the bank! Ithas^T
made the instnmient to report an untruth h<
the Senate, and to the American people; mii
neither the Senate, nor that part of the Anitri.
can people who chance to be in this cliamWr
shall be permitted to leave their places unni
that falsehood is e?;posed.

'•Sir, said Mr B., addressing the Vice-Pre-i.
dent, the president, and directors of the Bank of
the United States, upon receiving the merchaniv
petition, and my letter, (/lU not send a branch in
^V. Ijohis ! They sent an agent there, in the r*r.
son of G(!neral Cadwalladcr, to examine th j
place, and to report upon its mercantile capabil- 1
ities and wants ; and upon that report, the de-
cision was made, and made against the request
of the merchants, and that upon the gruund
that the business of the place would not Justifv
the establishment of a branch. The petition
from the merchants came to Mr. B. while fc
was here, in his seat ; it was forwarded froij
this place to Philadelphia ; the agent made his I
visit to St. Louis before he (Mr. B.) rctunitd I
and when he got home, in the spring, or sum. I
mer, the merchants informed him of what hidi
occurred; and that they had received a letUfl
from the directory of the bank, informing tiieni f
that a branch could not be granted; and there tiie I
whole aftair, so far as the petition and the letter I
were concerned, died away. But, said Mr, B,|
it happened just in that time, ihat I made mil
first demonstration — struck my first bloir-|
against the bank ; and the next news that Had I
from the merchants was, that another letter iii<|
been received from the bank, without any Detl
petition having been sent, and without any nerl
report upon the business of the place, infonritil
them that the branch was to come ! And CMnil
it did, and immediately went to work to gul
men and presses, to govern the politics of tkl
State, to exclude him (Mr. B.) from re-eIect;oi|
to the Senate ; and to oppose every candidaal
from governor to constable, who was not lotl
the bank. The branch had even fiirrisliedil
list to the motker bank, through some ofinl
officers, of the names and residences of thctl
tive citizens in every part of the State ; and ul
these, and to their great astonishment ai ibl
familiarity and condescension of the highil
rectory in Philadelphia, myriads of bank (l»l
ments were sent, with a minute description «
name and place, postage free. At the ;
dential election of 1832, the State was de
with these favors. At his own re-elcctioni i
the Senate, the two last, the branch bauk «
in the field against him every where, anlii
every form j its directors traversing the !"

AXXO 183J. ANrtKP:W JACKSON, I•n^>;II>l:^T.

483

im\nc the place, and u.
, Bustflin a hranch?
iftid, that lie had hwi
m the 8\ih.iict of Gtn.
n Fcnt to St. Ix)uiii, .,r
ce lifinR irrndi-."
un, resumuin his spewli.
I tifaticl unwiirthily-
thc bank! It hasWn
) report an untruth \»

American people; tx\i
that part of the Amtri-

to be in this chainUr,
leave their places uniii

eti.

(IressinR the A tce-Pn-i-
l directors of the Bank (f
[1 receiving the morchanlv
(lid not send a branch In
an apent there, in the i*r-
vallader, to examine tb
ion its mercantile capibil-
upon that report, the d«-
made against the re<iucst
id that upon the gruuml
he place would not justity
a branch. The petition
came to Mr. B. while Ik
,. it was forwarded from
'phia ; the agent made his
ore ho (Mr. B.) returntd;
ne, in the spring, or sm
infonned him of what hid
they had received a lettft
f the bank, informing thm
ot be granted; and there tl«
9 the petition andthektw
[ away. But, said Mr. B,
that time, that I mademjl
—struck my first Wot-
id the next news that I Wl
was, that another letterW
the bank, without any neil
I sent, and without any mil
iiness of the place, infomal
h was to come ! And comtl
tely went to work to pal
, govern the politics of tkl
m (Mr. B.) from re-elecMl
to oppose every candidal
constable, who wasnotfel
•anch had even fun^ish«iil
bank, through some of ml
Ics and residenecs of the »I
•y part of the State; and al
crcat astonishment aiWi
ndescensionof thehighil
phia, myriads of bank;«>
rith a minute description Jl
,ostage free. At the H
1832, the State was ddu
At his own re-electw
o last, the branch hank'-
st hiili every where an
irectors traversuig tte "

upon

rinz ti the houpcs of the meinhora nf the
iliiioral A^senildy iifter they were ek'ctcd, in
ii'lnK^t every county, over a State of sixty
;li„iis;»id >quare iniles ; niid tiien attending the
, 'islftture as loliliy ineiiil)ers, to oppose him.
iij" iiuM- things .Mr. B. Imd never spoken in
I, ihlic l)et'or''. nor should he have done it now,
had it n"t heen for the falsehowl attempted to
1,0 mlm.'d upon the Senate through the iiistru-
nuntalitv of its committee. But having been
ilriven into it, he would mention another cir-
fiim^tance, wiiieh also, lie had never named in
ilic before, hut which would *hrow light
the establishment of the bmneh in St.
[iiiiii and the kind of business which it had to
loifiirm. An immense edition of a review of
hi< s:peech on the veto message, was circulated
1 thronph liis State on the eve of his last election.
Itbiia' the impress of the bank foundry inPhi-
ladilphia, and was intended to let the people
I i!f Missouri sec that he (.Mr. B.) was a very un-
lit person to represent them : and afterwards it
was seen from the report of the government
I directors to the President of the United States,
iliat seventy-five thousand copies of that review
•,vca' paid for by the Bank of the United States ! "

The committee had gone out of their way —

Idcrartcd from the business with which they

Iffere ciiarged by the Senate's resolution — to

Itirini; "p a stale imputation upon Gen. Jackson,

(for liecommg inimical to Mr. Biddle, because he

fcould not make him subservient to his purposes.

The imputation was unfounded and gratuitous,

ind disproved by the journals of the Senate,

nhich bore Gen. Jackson's nomination of Mr.

piddle for government director — and at the liead

kf those directors, thereby indicating him for

Lresident of the bank — three several times, in as

\m\ successive years, after the time alleged for

}iis hostility and vindictiveness. This unjus-

[fiable imputation became the immediate, the

lext point of Mr. Benton's animadversion ; and

^,is thus disposed of :

'•Jfr. B. said there was another thing which

lust be noticed now, because the proof to con-

limd it was written in our own journals. He

lludcd to the ' hostility ' of the President of

|e United States to the bank, which made so

[nro a figure in that report. The ' vindictive-

5s' of the President, — the ' hostility ' of the

isidcnt, was often pressed into the service of

at report — which he must be permitted to

kalify as an elaborate defence of the bank.

ihethcr used originally, or by quotation, it

p the same thing. The quotation from Mr.

pane was made to help out the argument of

committee — to sustain their position — and

JEreby became their own. The 'vindictive-

Is' of the President towards the bank, is

brought forwanl with imj),inR gravity by the
committee; niid no one is at a loss to under-
stand what is nuaiit ! 'I'lie charge has been
ni.ide too often not to su'.'gt st the whole Kiory
as often as it is hinted. The Presiilent bcciuiie
hostile to Mr. Biddle, nrconiiiig to this tiiio
story, because he could not manage liim ! ln-
cause he could not make him use the institution
for political purposes ! and henrf his revenge,
his vindictiveness, hi.s hatred of Mr. Biddle, and
his change of sentiment towards the institution.
This is the charirc which has run through tlu;
bank presses for three years, and is alleged to
take (late from 1S20, when an up|dieatiou wa.s
made to change the president of the Portsni()\ith
branch. But how stands the truth, recorded
upon our own journals? It stands thus: that
for three consecutive years after the harboring
of this deadly malice against Mr. Biddle, for not
managing the institution to suit the J'resident's
political wishes — for three 3ears, one after
another, with this ' vindictive ' hate in his bo-
som, and this diabolical determination to ruin
the institution, ho nominates this same Mr.
Biddle to the Senate, as one of the government
directors, and at the head of those directors !
Mr. Biddle and some of his friends with him
came in, upon every nomination for three suc-
cessive years, after vengeance had been sworn
against him ! For three years afterwards he is
not only named a director, but indicated for the
presidency of the bank, by being put at the
head of those who came recommended by the
nomination of the President, and the sanction of
the Senate ! Thus was he nominated for the
years 1830, 1831, and 18S2; and it was only
after the report of Mr. Clayton's committee of
1832 that the President ceased to nominate Mr.
Biddle for government director ! Such was the
frank, confiding and friendly conduct of the
President ; while Mr. Biddle, conscious that he
did not deserve a nomination at his hands, had
himself also elected duruig each of these years,
at the he.ad of the stockholders' ticket. He
knew what he was meditating and hatching
against the President, though the President did
not ! What then becomes of the charge faintly
shadowed forth by the committee, and publicly
and directly made by the bank and its friends ?
False ! False as hell ! and no senator can say
it without finding the proof of the falsehood re-
corded in our own journal I "

Mr. Benton next defended Mr. Taney from
ar unjustifiable and gratuitous assault made
upon him by the committee — the more unwar-
rantable because that gentleman was in retire-
ment — no more in public life — having resigned
his place of Secretary of the Treasury the day
he was rejected by the Senate. Mr. Taney, in
his report upon the removal of the deposits, had
repeated, what the government directors and a
committee of the House of Represeulativos had

■-^

484

TIIIUTV YEAIW VIEW.

I f

tii'Ht reported, of the illegal conduct of the bank
committLc of exclmnge, in making loans. The
fiict wns true, and as since sliown, to a far higher
degree than then detected ; and tht; Senate's
committee were unjustifiable in defending it.
Hut not satisJled with this defence of a criminal
iiistituti(m against a just accusation, they took
the opportunity of costing censure upon Mr.
'J'uney, and gaining a victory over him by mak-
ing a faUc issue. Mr. Denton immediately
corrected this injustice. He said :

" That ho was not now going into a general
answer to the report, but he must do justice to
an abse. * gentleman — one of the purest men
npon earth, both in public and private life, and
who, after the manner ho had been treated in
this chamber, ought to be secure, in his retire-
ment, from senatorial attack and injustice. The
committee have joined a conspicuous issue with
Mr. Taney ; and they have carried a glorious
bank victory over him, by turning off the trial
upon a false jwint. Mr. Taney arraigned the
legality of the conduct of the exchange commit-
tee, which, overleaping the business of such a
committee, which is to buy and sell real bills
of exchange^ had become invested with the
power of 1 ho whole board ; transacting that
business wliich, by the charter, could only be
done by the board of directors, and by a board
of not less than seven, and which they could not
delegate. Yet this committee, of three, selected
by the President himself, was shown by the
report of the government directors to transact
the most important business ; such as making
immense loans, upon long credits, and upon
questionable security; sometimes covering its
operations under the simulated garb, and falsi-
fied pretext, of buying: a bill of exchange j
sometimes using no disguise at all. It was
shown, by the same report, to have the exclu-
sive charge of conducting the curtailment last
winter ; a business of the most important cha-
racter to the country, having no manner of
afBnity to the proper functions of an exchange
committee ; and which they conducted in the
most partial and iniquitous manner ; and with-
out even reporting to the board. All this the
^;overnmciit directors communicated. All this
was commented upon on this floor; yet Mr.
Taney is selected ! lie is the one pitched upon ;
as if nobody but him had arraigned the illegal
acts of this committee ; and then he is made to
arraign the existence of the committee, and not
its misconduct ! Is this right ? Is it fair? Is it
just thus to pursue that gentleman, and to pur-
sue him unjustly 1 Can the vengeance of the
bank never be appeased while he lives and
moves on earth ? "

After having vindicated the President, the
Vice-President, Mr. Grundy, Mr. Taney, and

liimself, from the unfounded imputations of thi
committee, so gratuitously presented, so ^n.
warranted in fact, and so foreign to the puriKjv.
for which they were appointed, Mr. IJcnt.)!]
laid hold of some facts which li.id nnm. ,,
light for the purpose of showing the misconduct
of the bank, and to invalidate the committn',
report. The first was the iran8ix)rtation of sjKci^
to Ix)ndon while pressing it out of the dd;
munity here. lie said :

" He had performed a duty, which oiipht not
to be delayed an hour, in defending himself, iln
President, and Mr. Taney, from the sad injiistire
of that report ; the report itself, with all it;
elaborate pleadings for the bank, — its irrora i,f
omission and commission, — would conie up for
argument after it was printed ; and when, witi!
God's blessing, and the help of better han'ls ^
would hope to show that it was the duty oi' the
Senate to recommit it, with instructions to i\.
amine witnesses upon oath, and to brinp out I
that secret history of the institution, wlijii,
seems to have been a sealed book to the com.
mittee. For the present, ho would brinp ti
light two facts, detected in the intricate niaze> I
of the monthly statements, which would ti.xai
once, both the character of the bank and the
character of the report; the bank, for its an!
dacity, wickedness and falsehood ; the reiwt I
for its blindness, fatuity, and partiality.

" The bank, as all America knows '(.said .Vr,
B.), filled the whole country with the cndlcsj
cry which had been echoed and re-eciioed ficji I
this chamber, that the removal of the dcposiu I
had laid her under the necessity of curtailiisl
her debts ; had compelled her to-call in her loans I
to fill the vacuum in her coffers prodneed It I
this removal; and thus to enable hersuiftol
stand the pressure which the 'hostility' of tie I
government was bringing upon her. Tiiis u\
the assertion for six long months ; and nowldl
facts confront this assertion, and reveal M
truth to an outraged and insulted commi!nitr[

" The first fact (said Mr. B.), is the U-mM
of the moneys to London, to lie there idle, wliili|
squeezed out of the people here during the paniil
and pressure. f

" The cry of distress was raised in Dccemkl
at the meeting of Con^i-ess ; and during tkl
month the sum of ^129, < 04 was transferred hi
the bank to its agents, the Barings. This ml
>vaxed stronger till July, and until that t:u|
the monthly transfers were :

December,
February,
March, . .
May, . .
June, . .
July, . .

. ^120,7fi4
. 355.253

. 20154:)
. 34,749

. 2,142,054

. 5Oi;950

83,425,313

ANNO 1834. ANDFIEW JACKSON, PRESfDENT.

485

(led inip»»tatii>n» of th«
sly prcBcnte<l, so un-
» foreign to the p\irjK)v^
kpi)oiuteil, Ml', litnt ill
,8 which h^<\ >i)ine i,
showing the misconduct
validate the committu',
B iran8ix)rtation (jf sptcio
,ing it out of tho com-

a duty, which mipht not
in dcfer.iliug hiinstlf, ihc
icy, from the sad injustice
cport itself, with all it<
■ the bank,— its irrora nf
ion —would come up fo:
printed ; and wlien, wiih
le help of better Imnls t,.'
hat it was the duty of the
w-ith instructions to n-
n oath, and to hrinpr oi,t
of the institution, wliich
a scaled book to the cuic-
jscnt, ho would briiij: t, |
cted in the intricate maze;
■inents, which would tixsi
[ictcr of the bank and t!i?
)ort ; the bank, for its an-
mi falsehood ; the rcfiort.
lity, and partiality.
America knows (said Mr.
I country with the cndkss
echoed and re-echoed (ical
he removal of the dcposiu
the necessity of c\irtailiK
elled her to-call in her loMi
in her coffers produced li;
thus to enable hersdfwl
irhichthe 'hostility' of il«
nging upon her. This to
i long months ; and now l«l
i assertion, and reveal tkl
d and insulted coinnmniu,
said Mr. B.), is the ti-anal
i,ndon, toliethereule,vflul
peop'.e here during the paixl

ress was raised in Uccemtel
Congress; and during tkl
ftl2y (04 was t-vansferri'dkil
ents,' the Barings. Tlusml
II July, and until that t;Ml
ers were :

. S129,7iU

. 355.253

' ■ . 201'.543

' ". . 34,749

. 2,142,054

* * . 5Ui;950

83,425,313

Makinp the sum of near three millions Rn<l a |
iiilf triinfferred to liondon, *o lie idle in the i
hands of im agent" while that very money wa-x I
fi,iuci'«'dout of a few cities here ; and the whole !
o'lintry, and the halls of Congress, • filled 1

with the deafening din of the cry. thav .c bank I
was font'd to curtail, to supply the loss in her
(nvn coU'ers from the removal of the dei)o.sit,>< !
And, worse yet ! The bank had, in tlie iiands \
flf the same agents, a large sum when thctrans-
fi.,8 of these panic collections began; making in
the whole, tho sum of ^4,2()1 201, on the iirst
(lav of July la.st, which was lying idle in her
dionts' hands in London, drawing little or no
Interest there, while squeezed out of the hands
of those who were paying bank interest here,
near seven per cent. ; and had afterwards to go
into brokore' hands to borrow at one or two per
cent, a month. Even now, at the last returns
on tiie first day of this month, about two mil-
linns and a half of this money (!iii2,078,00(i) wa,s
Ptill lyinR •'lie in the hands of tho Barings!
waiting till foreign exchange can be put up again
tieiirht or ten per cent. Tho enormity of thi.s
conduct, Mr. ii. said, was aggravated by the
notorious fact, that the transfers of this money
were made by sinking the price of exchange as
low as five per cent, below par, when shippers
ind planters had bills to sell ; and raising it
1 t'ifflit per cent, above par when merchants and
importers had to buy ; thus double taxing the
CDiaracrco of the country — double taxing the
producer and consumer — and making a fluctua-
tion of thirteen per cent, in foreign exchange,
[in the brief space of six months. And all this
jto make money scaree at home while charging
(that scarcity upon the President ! Thus com-
Uinins; calimny and stock-jobbing with the
Idiabolical attempt to ruin the country, or to
Irulc it."

The next glaring fact which showed the enor-
mous culpability of tho bank in making the
toressure and distress, was tho abduction of
kbout a million and a quarter of hard dollars
torn New Orleans, while distressing the busi-
ness community there by refusal of discounts
jid the curtailment of loans, under pretence of
baking up what she lost there by the removal
jif the deposits. The fact of tlie abduction was
letectcd in the monthly reports still made to
lie Secretary of the Treasury, and was full proof
If the wantonness and wickedness of the pres-
iure, as the amount thus squeezed out of the
Bramunity was immediately transferred to Phi-
delphia or New-York ; to be thence shipped to
london. Mr. Benton thus exposed this iniquity:

'• The next fact, Mr. B. said, was the abduction

' an immense amount of specie from New Or-

l5, at the moment the Western produce was

arriving there ; and thun di«abling the merchants
from buying that |iro<lurf. and thereby ninkinc
its price nt-arly one half; nnd all undrr the fal>c
pivtext of supplying the lo-'s in its cotltTS, occa-
sionefl by the n-nioval of the di'iMwits.

'•The fiilsehooil and wii'kedni'ss of thi.4 con-
duct will appear from the fiict, that, at the liiii>'
of the removal of the deiHi.-^its, in Octolier. th"
public dcjiosits, in-the New Orleans branch, wire
far less than tlu? amount aftirwards curtiiiUd,
and sent off; and that these (k'i)osits were not
entirely drawn out, for many months after the
curtailment and abduction of the money. Thus,
the public deposits, in October, were :

"In the name of the Treasurer

of the United States, $;204,22S (;2

"In the name of public ofTictrs, 173,7ti4 (14

iS;4t;7,!)!»;; 2(i

" In all, less than half a million of dollars.
'* In March, there was still on hand :

"In the name of the Treasurer,
"In the name of public ollicers,

$i40,2C.r, 28
(;3,tJ71 80

gio;;,y38 an

"In all, upwards sf one hundred thousand
dollars; and making the actiml withdrawal of
deposits, at that brinch, but .'$300,()00, and that
paid out gradually, in the discharge of govern-
ment demands.

" Now, what wa.s the actual curtailment, dur-
ing the same period 7 It is shown from the
monthly statements, that these curtailment.s, on
local loans, were ^788,904 ; being ui)ward8 of
double the amount of deposits, miscalled le-
moved; for they were not removed; but only
paid out in the regular progress of govemmi nt
disbursement, and actually remaining in the muss
of circulation, and much of it in the bank itself.
But the specie removed during the same time !
that was the fact, the d.amning fact, upon which
he relied. This abduction was :

"In the month of No-
vember, S334,fi47 }
" In the month of March, 808,084 ^

ut the leant

$1,142,731

"Making near a million and a quarter of dol-
lars, at the least. Mr. B. repeated, at the least ;
for a monthly statement doos not show the ac-
cumulation of the month which might also bo
sent off; and the statement could only be relied
on for so much as appeared a month before tho
abduction was made. Probably the sum was
upwards of a million and a quarter of hard dol-
lars, thus taken away from New Orleans last
winter, by stopping accommodations, calling in
loans, breaking up domestic exchange, creatiii.:
panic and pressure, and sinking the price of all
produce; that the mother bank miglit transfer
funds to London, gamble in foreign exchange,

48G

TIIUHY YKAIW Vli.W.

npirnd «U'f!olnlion nml tomtr throiiph the land;
mill tlicn clinryc tho hImjIc ii|i<»n llu' I'luHidi'nt '
of till- riiit*'<l Stati'H; nml cikI with the tiimul
riiiiHuiiiinatiiiii xf hi'iiipiii); n new |K)litical |)itrty
into inmcr, uml j)ur|iituuling iU own clittrltr."

^^r. Itcnion roinini'iiti'il on the hnrcfiictMlnetis
of niiininK out an inimciiM' line of iliKcountH, bo
w)on done after tlic rise of the limt wshion of
ConV'ress, nnd so snddenly, that the friends of
the hunk, in remote |iluceH, not having had time
tn be informed of the " reversal of the bank
seiows," were Klill in full ehoni!>, justifyinp the
curtailment; und concluded with denouncing
tlie report as ex parte, and remarking iij)On the
RiicccKS of the ctiinmittee in tinding what they
were not Kent to hxjk for, and not linding what
they ought to have found, lie said :

'• These are some of the astounding iniqnitios
which have escajied the eyes of the committee,
while they have been so succ: sful in their anti-
quarian researehes into Andivw Jackson's nnd
I''elix CJnnidy's letters, ten or tA'enty yearn ago,
and intoMarlin Van Buren's and Thomas H. Hen-
ton's, six or eight years ago ; letters which every
jiublic man is called upon to give to his neighl:K)rs,
or constituents ; wliich no public man ought to
refuse, or, in all probability ever did refuse; and
which are so ostentatiously paraded in the re-
\ ort, and so emphatically read in tliis chamber,
with pause and gesture; and with such a sym-
pathetic l(:.>k for the exjiected smile from the
friends of i'v bank ; letters which, so far as he
was conceri.jd, had been used to make the com-
mittee the organ of a falsehood. And now, Mr.
}}. would be glad to know, who put the commit-
tee on the scent of those old musty letters ; for
there was nothing in the resolution, under which
they acted, to conduct their footsteps to the silent
covert of tliat small game."

Mr. Tyler made a brief reply, in defence of
the report of the committee, in which he said :

" The senator from Missouri had denominated
the report ' an elaborate defence of the bank.'
He had said that it justified the bank in its
course of curtailment, during the last winter
And the early part of the summer. Sir, if the
honorable senator had paid more attention to
the reading, or had waited to have it in print, he
would not have hazarded such a declaration.
lie would have perceived that that whole ques-
tion was submitted to the decision of the Senate.
The committee had presented both sides of tlie
question — the view most favorable, and that
most unfavorable, to the institution. It exhib-
ited the measures of the Executive and those of
the bank consequent upon them, on tlie one
side, and the available resources of the bank on
the other. The fact that its circulation of
|fl9,000,000 was protected by specie to the

amount of 810.(K)0,(miO, nnd claimH on 'he St„:
banks exrieiling^2,(M)(),(MHI. wliirh WTccqiial ■
s|M'rie — that its purchase of donie^tie rxilifin .
had so declined, from May t'> Octnticr, h.h i.,
place at its dispr»sal more than ^'.'"'U.im ,
something mnie than a doulit is e.\|iix>.,,i
whether, uiidrr ordinary i'iri'uinf<tiinrM, |],.
l»ank would have bein jiistilied in curliiiiititr i-^
discounts. So. too. in regard to a !» rsevciiiir
in its measurts of piveaution as long ns it ci.i
a summary of facts is given to enable the Sn;.
ate to decide »ipon the iifopricty of the conr .■
pursued by the bank. The etiort of the rim.
mitteo has been to present these subjects fiiirlv
to the Senate and the country. Tiny Imv
sotight ' nothing to extenuate,' nor ha\c tl„
'set down ought in malice.' The staltnun''.
are presented to the senator, for his ciilin ui.j
deliberate consideration — to each senator, tn I,.
weighed as becomes his high station. Ami wl, i
is the course <if the honora))le senator I ji,.
moment he (Mr. T.) could retinn to his > :[
from the Clerk's taiile, the gentleman poim, <
upon the report, and makes assertiims whidi j
carefid perusal of it would cause him to kiiw
it does not contain. On one subject, the o.ii-
troversy relative to the hill of eAclianpe. nul
the damages consequent on its protest, the cc\'>
mittee had expressed the opinion, that tiic pv.
ernment was in error, and he, as a mcinljcrci
that committee, would declare his own convii.
tion that that opinion was sound and iiiainiait.
able before any fair nnd impartial trilmiml •» i
the world. Certain persons started bad wiiii
alurm, at the mere mention of a court of justitv.
The trial by jury had become hateful in tkit
eyes. The gi^'at principles oi vtogna i-lm'A
are to be overlooked, and the declaiations wn-
tained in the bill of rights are -becoine too olil-
fashioned to be valuable. Popular prejiuli«^|
are to be addressed, and instead of an appeal 1 1
the calm judgment of mankind, every liirkin.'
prejudice is to bo awakened, because a coip n-
tion, or a set of individuals, have believed tliiK- 1
selves wronged by the accounting ollicers (i'tifl
treasury, and have had the temerity and iiii]:-
dence to take a course calculated to brinfr liicf |
rights before the forum of the courts. Lot il.o-:
who see cause to pursue this course rejuici ■;-. I
they may please, and exult in the succc-^swliiij
attends it. For one, I renounce it as unw^riL
American statesmen. The committee had ail
dressed a sober and temperate but liim ara [
ment, upon this subject, to the Senate; aU I
standing in the presence of that august loltf
atad before the whole American people, he rtif
ed upon that argument for the truth of thco[ii>|
ion advanced. An opinion, for the lioneslvi^
which, on his own part, he would avouch, alia I
the most solemn manner, under the uuutttralil
obligations he was under to his Creator.

"The senator had also spoken in strong bl
guage as to that part of the report which nlaitill
to the committee of exchange. He had ail
that a false issue had been prcscnteil— that tLl

ANNO )8M. AiflitV •>A<

ilDF.NT

487

m'l r!uiin»« "n *hf Stu:
(10. wliK'li w"r>'t'fiiial •
(if (lo!in'<'lir rxclis!! ,
Wnv t'> OcIiiIkt, ns t,,
loi'c tlmn S"i,("itM,.H ;
a (limlil i» i'.\iiii>»i 1
ivv I'livmuHtniii'i -i, il
iistiriiMl in mrtiiiiinsi'-
I'frnnl to a ])t'r-«'vcniii'
,\ili()n iiH loiip iiH it iH
■ivtu to ciialdc till' Sii:-
iiroprii'ty "f the ci.i.r ;
The I'tlort of tlic I'^w..
ent those suhjerts f;i:r;v
e coiintry. Tliiy bv
U'liuiite,' "nor hii\<.' tl, v
imlit'c' 'Hie stiiltnun'-
iiiiitor, for hi^ culm u!;i
I — to each scnatur. tu I*
H hiph station. Ami wl t
loncti'ahle senator ( 1!.
could return to lii> y:\
[., the iientleniun ikmih- <
iiiukfs nssertions wliidi j
rtould cause him to kiiw
On one piibjcct, the ihv
the bill of e:<c\iaiipe.aiii
nt on its protest, tlii' cm:;
the opinion, that the |;h-
i- und he, as n meinlicr cl
Id declare hw own convii-
1 was Bound and iiiiuntain-
and impartial trilmiiiil n
persons started hac-k with
iition of a cotnt of justicf.
become hateful in tlii.ii
inciples of magna clwria
and the declaiations o^
•ifrhts arc -become too o'jI-
,ud)le. I'opular prejailiw
Mid instead of an apical i
of mankind, every lurkia;
akened, because a cor[Kjri-
iduals, have believed thiE-
;ie accounting oiliccrs li ti(
lad the temerity and my.-
se calculated to brin? tiiu
um of the courts. Let ilo-^
,ursuc this course rejoicti:
d exult m the success wli!i:
I 1 renounce it as umvirilr.
1. The committee had ail-
1 temperate but tiim ara
ibject, to the Senate; aiii
esence of that august lok.
le American people, lie m
lent for the truth of the 01 ft
opinion, for the lionesty,*.
part, ho would avouch, alM
inner, under the imuttaak
under to his Creator,
u also spoken in strong to
rt of the report which i«
of exchange. He had 'A
ad been presented— that tl*

;,(,. Serrctary of the TrcaMurv rVI. I'mm/ff had I
Lvir contended that the bunk iumI n.. n^ul {n
iiiiioint u conwnittco of cxchautre — that hiuIi a
o'lninitt^e wa.s apiiointinl by all hunks, la this
|yl iliclanition the f.'intlenmii in ctirnct. All
l^„)i„ liuvc a committee to purchase escimn/e.
Hut .Mr. T. woiiUl udmonisli the Rentleiuan to
Uware. H"^' wouhl tind himself condeniuiup!
him wlioni lie wished to defeiui. Mr. Taney's
viTv |an(;iia?o in quoted in the report. He plare.f
,1,1. vi<datii'n of the charter distinctly on the
•romul tlint the business of the bank is intrust-
" 1 („ tlnve inenibera on the exchange committee,
«lnn the ciiarter requires that not less tlian
,uvcn shall constituto a board to do business.
IlisviTV words are piven in the report, so that
Le cannot Ik; misunderstood; and the commen-
1 irv uf the committee consists in a mere narra-
tive of facts. Little more is done tlian to give
tictj and the honorable senator takes the alarm ;
;ind, in his ellbrt to rescue the late Secretary
i'loin their influence, plunges him still deeper
iiiiodilBciiIty.

•The senator had loudly talked of the com-
railtec havinj; been made an instrument of, by
tlie bank. For himself, ho renounced tiio aa-
cription. He would tell the honorable senator
that he could not bo made an instrument of by

he bank, or by a still greater and more formidable
i power, the administration, lie stood upon that
lloorto accomplish the purposes for which he
was sent there. In the consciousness of his

own honesty, he stood firm and erect. He would
[worship alone at the shrine of truth and of honor.

It was a precious thing, in the eyes of some

uien, to bask in the sunshine of power. Ho
Irested only upon the support, which had never
Ifiilcd him, of the high and lofty feelings of his
Iconstitucnts. He would not be an instrument

mn in their hands, if it were possible for them

to require it of him, to gratify an unrighteous

notive."

CHAPTER CXVII.

FKENCII SPOLIATIONS BEFORE 1800.

piESE claims had acquired an imposing aspect

r this time. They were called " prior " to the

ar 1800; but how much prior was not shown,

lid they might reach back to the establishment

r our independence. Their payment by the

Inited States rested upon assumptions which

Instituted the basis of the demand, and on

|hich the bill was framed. It assumed,_/?7'S< —

bat illegal seizures, detentions, captures, con-

nnations, and confiscations were made of the

els and property of citizens of the United

t.lt»« Wot Uf (N^riol IttHMK'f. StCUHiiff

- rhaf fb«- iH>'l» weiw • iiiMHiilh>d such or
der* and i <t -mch etf iMM«t«ii<<' . .i-" pave the
Hufli-n Ts a >it t'l indei Mijr from iIk; Frincli
trovcrninii Thinlly i U«t these claims liad

been nninil'c , '• the I iit»-«l States for pu'dic
consiilcrations. Foiu-lhty — That lliis nniiiil
ment pave these Kiifl'erers a jii>t clniiii ii|K)n tiio
I'nited States fur the amount of their lo«ses.
L'pon these four assiimptions the bill rested —
some of them dispu table in point of fact, and others
in point of law. Of these latter was the assumj)-
tion of the liability of the United States to l)e-
come paymasters theiiiKelves in cases where
failing, by war or nefrotiation, to obtain redress
they make a treaty settlement, suriinilering or
abandoning claims. This is an .vssuniption con-
trary to reason and law. Every nation is Itound
to give protection to the persons and projierty
of their citizens ; but tlie government is the
judge of the measure and <legrec of that pro-
tection ; and is not boiuid to treat for ever, or
to fight for ever, to obtain such redress. After
having done its best for the indemnity of some
individuals, it is bound to consider what is due
to the whole community — and to act accordingly;
and the unredressed citizens have to put ^i>
with their losses if abandoned at the general sei-
tlcmcnt which, sooner or later, must terminate
all national controversies. All this wa.H well
stated by Mr. Bibb, of Kentucky, in a speech on
these French claims upon the bill of the pro-
sent year. He said :

"He was well aware that the interests of
individuals ought to be supported by their gov-
ernments to a certain degree, but he did not
think that governments were bo»md to push
such interest to the extremity of war — he did
not admit that the rights of the whole were to
be jeoparded by the claims of individuals — tlic
safety of the community was paramount to the
claims of private citizens. Ho would proceed
to see if the interests of our citizens had been
neglected by this government. 'J'hcse cluinis
have been urged from year to year, with all the
earnestness and zeal due from the nation. IJut
they went on from bad to worse, till negotia-
tions were in vain. AVo then assumed a hostile

position.

During the year

'98, more than

twenty laws were passed by Congress upon this
very subject — some for raising troops — some for
providing arms and munitions of war — some for
fitting out a naval force, aud so on. Was this
neglecting the claims of our citizens V "We
went as far as the interests of the nation would
permit. We prosecuted these claims to iho

;

4S8

THIRTY YKARW VIEW

rcry titito of pliinfrin^ Into tli«t iln-fiflfiil w«r
thru <l(">iiliktiii^ Kiir'i|i('. 'I'lii- ^'r)vrrnin)'iit tlxii
i>Hii'i| il'< |it-<i<'lfiiiinliiiii (if iii'iiti'Hlity ami imn-
iiil<'n'"iir?'»'. Mr. II. nt-xt (irni'cc '<h| to («liow
lliKl I'l'iinci' lia<l no jiiHt cIniiiiH ii|i'ii\ ih. itriM-
in;.' IW>iii till' >:iiftiT.nty. Tliin pi.-n ify (i^'iiiiist
Krani'i' u';i»t not consiilrrtil binding, rvcn liy
Friiiirc liiT-clf. nny fiirtlirr lliiin «u-< ron^i^fti-nl
with our nliitions with otiur n.'ilioiin; tlmt it
WHS ho (icriiivi'il hy Ikt niiniHtcr ; nnil. iiiori'ovcr,
tliat ^h^• U('knowIiM|(;f(l the jiiKtiee of our neu-
trality. 'I'Ik'so treiiticM liii<l ln" '> viointcfl l)y
FraiKT, nnd llic I'nitfd .Stiitcs coiiM not surely
lie lioiiml hy trciiticM vfliich hIio IuhI liorsclf vio-
liitcd ; and ronHof|iu'iitly, wo were under no
ulilipition on account of tlio puarunty. JMr. li.
went on to show that, hy the terms of the
treaty of 1SI)(», the tlehtij due to our citi/.en.s
had not heen re|in(iuishe(| : — tlmt a-s t lie (guaran-
ty did not exi'<t, and as the elainin had not
iieen abandoned, Mr. U. concluded that those
claims ougiit not to ho paid by thirt(;()vernmont.
He was opposed to goin;; back thirty-four years
ti) Hit in judgment on the constituted authori-
ties of that time. There should be a stability
in the government, and ho was not disposed to
(lucstion the judgment of the man (\Va.shing-
ton) who has justly been called the first In war
and the first in peace. We are sitting here to
rejudgc the decisions of the government thirty-
four years since."

This is well staled, and the conclusion just
and logical, that wc ought not to go back thir-
ty-four years to call in question the judgment
of Washington's administration. Ho was look-
ing to the latest date of the claims when ho said
thirty-four years, which surely was enough ;
but AVashington's decision in his proclamation
of neutrality was seven years before that time ;
nnd the claims themselves have the year 1800
for their period of limitation — not of commence-
ment, which was many years before. This
doctrine of governmental liaoility when aban-
doning the claims of citizens for which indem-
nity could not be obtained, is unknown in other
countries, and was unknown in ours in the ear-
lier ages of the government. There was a case
of this abandonment in our early history which
rested upon no "assumption" of fact, but on
the fact itself; and in which no attempt was
made to enforce the novel doctrine. It was the
case of the slaves carried off by the British
troops at the close of the Revolutionary War,
and for which indemnity was stipulated in the
treaty of peace. Great Britain refused that in-
demnity ; and after vain efforts to obtain it by
the CougWBS of the confederation, and after-

wanU under Wa««hin((ton'ii adailiMnitiuB. ikn
claim of indemnity, no loninr nratinf up«t,
claim of the sutlVrers, Imt >i|nii; u lrv«n nit,,,.
lation — upon an article in a trtaty i„r ()„
K'nelit — wax abandoned to obtain a general i,j.
vantii^f! for the whole comtnimity in the c,,,,.
merciul treaty with (Inat ISiitaln. Ah th^
claims for French s|Kiliati"ns arc still coniiniK,!
(IH/iO), I give some of tin spccchc* for jn fifloen years ago, l)olievin;r dm
they present the stri'ngth of the arguimnt o-
both siiles. The ()|K'niug speech of .Mr. \\\\^.
KttT presented the case :

" He should content himself with sfntincrcr-
briefly an outline of the grounds on whicli the,
claims are supposed to rest, and then leave il„'
subject to the consideration of the iSennte. H,.
however, should bo happy, in the course nf the
debate, to make such explanations as might W
called for. It would bo seen that the hill ppi.
posed to make satisfaction, to an ainoinit int
exceeding five millions of dollars, to such citi-
zens of the United .States, or their legal nm-
sentatives, as had valid claims for indenmitv on
the French government, rising out of iliefll
captures, detentions, and condemnations, maile
or committed on their property prior to tli«
30th day of .September, 1800. This bill sup.
posed two or three leading propositions to I* |
true.

" It supposed, in the first place, that illo|nl
seizures, detentions, captures, condeinDatioii.<
and confiscations, were made, of the vessclj ani)
property of the citizens of the United Statei
before the 30th September, 180Q.

" It supposed, in the second place, that the*
acts of wrong were committed by such orden
and under such circumstances, as that the eu* I
fercrs had a just right and cinim for indcmintj
from the hands of tho go\'ernment of I'Vano'

"Going on theso two propositions, the bi
assumed one other, and that was, tl at all surh I
claims on Franco as came within x prescriW
period, or down to a prescribed period, had hm
annulled by the United States, and that tii I
gave them a right to claim indemnity from tiiu
government. It supposed a liability in justio, I
in fairness and equity, on the part of this gorl
ernment, to make the indemnity. These wen I
the grounds on which the bill was framed I
That there were many such confiscations nooDil
doubted, and many such acts of wron{raswei»l
mentioned in the first section of the bill. Thit I
they were committed by Frenchmen, and imdeil
such circumstances as gave those who suffend I
wrong an unquestionable right to claimindeiihl
nity from the French government, nobody, bt I
supposed, at this day, would question. Then I
were two questions which might be madetkil
subject of discussion, and two only occurt«dlil

ASXO 1885. ANt>RKW JAiKsoV. I'UFi*II»KST

480

n'R wftntnlttratiuii. tbn
|«nn:« r irtiting upou >
lit niNin a trvstji »it|,>|.
in a treaty r>ir \\,,,
I to ol>tain a pMural |.>.
;oiiun»nity in the nm,.
n;it ISiitaln. An thi.«
tifins arc still contimi^l
if tin ftpccchcs for iin-i
cfti-H ano, Iwlicvinn itia;
j;th of tlio nrpiiiKiit o
iiig Hpccch of Mr. \\\\r

himself with otntlncTtr
u prounils on which thi-?

rest, and then have tl,
•ation of the St-nati'. 1|,
nppy, in the course nf tii,.
explanations as might I*
no Been that the hill pri-
'action, to an amount m
IS of dollars, to such ciii-
tates, or thoir Icpil repre-
id claims for indemnity on
icnt, risinf? out of ilifpl

and condemnations, mai|«
L'ir property prior to tin
her. 1800. This hill m\.
eadinp! propositions to U

ho first place, that illopl
captures, condemnation.!
re made, of the vessels anil
ens of the United Statei
.mber,180Q.
le second place, that ttia
committed by such orden
jumstances. as that the i\f
it and clnlm for inderanitj
k; pov'ernment of i-'ranci' '
two piopositions, the k.
md that was, tl at all SucU
s came within a prcscriW
prescribed period, had bwi
litcd States, and that thij
)ckim indemnity from thii
nposed a liability in justia,
y, on the part of this gof
he indemnity. These wen
lich the bill was framed
ny such confiscations no owl
such nctsof wroncasmi*
Bt section of the bill. W
d by Frenchmen, and hum I
as cave those who suffenJ
mable right to claim inden-
nch government, nobodv bil
ay, would question. Thm
which might be madeth
and two only occurred ti

,.^. ctiiiiiiunt
,vthi' pnvenum'iit

gi tt I'lal moment. The <inn was. 'On what
lw!i,* till- piViTliinriit i)f the 1 iiiti'd Stale*
e til any e.\t<i»l lor the iiijmy done t" i
7' IheothiT, 'To what extent

id |u>tiiV hnuild /' .\ll(l

,f,(— f)f the firnt. ' Wliy wan it that the p>v-
"iimiit "f '''^' 1 "''''d Statts jiud heroine n--
'.iin.iM'' ill 1"^*' '"■ «''|"'*y '" i^"* ''it'Zeiis, for the
jjiin,,_f,,r any indenmity for the wnmuH eom-
r, tti'i on thi'ir comiiierre hy the suhjects of
Ir.nvlKfure im) }'

1 ,1 ihi.s (luistioii there wa'( nn answer, which,
tluT HiitiHlhctory or not, had nt leant the
Imit iif I'lii'lf I* very short one. It was, that.
, a tnntv lietMeeii FruiK'e and the I'nited
iSitiK, lniii'i''>r •'"'" t'"' '""'' "'" Scptemher,
'«i(). ina |iolit'i'ftl capacity, the jrovernnient of
Iji,. i'liiteil ."States dineharued and released the
iniimnt of France from this indemnity. It
Imii! iiixiii the jrrounil, which was sustainwl hy
till' oirri'spoiidencu which had precede*! the
iitv iif If^'"', that the disjnites arising hc-
iuiii the two countries should Ix) settled i)y a
:.,tl;itiim. And claims and pretensions hav-
." Ihih asserted on either side, commissioners
I the I'ttrt of the Uniti'd States were sent out
;i<*irt and maintain the claims of indemnity
liK'h they demanded j while commissioners ap-
iiitcil on the part of France asserted a claim
t'.icfiiU extent of the stipulations made in '78,
liiih they said the United States had promised
fidlil, "inil in order to carry mto eil'ect the
a:y ot al'ia'i'e of the same date, viz. : Feb-
iirv, 1778.

the ne;:otiation ultimately terminated, and a
ty wac linally ratified upon the terms and
rolitions of an ollset of the respective claims
inst each other, and for ever ; so that the
itL'l States government, by the surrender
discharge of these claims of its citizens, had
le this surrender to the French government
obtain for it.self a discharge from the onerous
ilities imposed upon them by the treaty of
iS, and in order to escape from fulfilling other
iiilations proclaimed in the treaty of com-
irce of that year, and which, if not fulfilled,
;lit have brought about a war with iVance.
s was the ground en which these claims
;ed,

llerctoforc, when the subject had been before

ijiress, gentlemen had taken this view of the

and ho believed there was a report pre-

Ited to the Senate at the time, which set forth

the claims of our citizens, being left open.

United States had done these claimants no

iry. and that it did not exempt the govorn-

t of France from liability."

■r. Wright, of New- York, spoke fblly against
1 hill, and upon a close view of all tho facts
pe case and all the law of tho case as grow-
put 01 treaties or found in the la^v of nations.
speech was no*, only a njaste; ly argument

but an histDrli-al monument, voUv^ hurk to the
firtt tnafy with Franci' in ITTf, and coming
down ihrmifrh our lepisl.-itluu and ili|>!i>niary on
Fn'ii" h (|iusti"iii» fc( the lime of its delivery, ;*
separate rhapter i.H iliio to tliis great ("ixeeh ;
and it will \<v given entin' in the next one.

Cil .\ I'TKU C.W I n.

rilKNfll slM>I,l.\T|i>NS ; SI'Kirit or Ml:. WUICIIT,
UK .\K,W-Vt)l!K,

" Mr, Wright understCv d tho friends of this
bill to put its merits upon the sini;le and distinct
ground that the government of the liiitetl Staten
hail relea.-<i<l France from tli" nut < f the

claims for a coiisi<lenitii) a 'y to

the heiiellt of our goven i dlv ei|iial

in value to the claims the' > . r. W, said

he .should argtio the ,'^everal qin.-tii n-. presented,
upon the supposition that this was the extent
to whi(;h tho friends of the bill hiid gone, or
Were disposeil to go, in claiming a liability on
the part of tlio United States to pay the claim-
ants ; and, thus understood, he was ready to
proceed to an examination of the strength of this
position.

" His first duty, then, was to examine the re-
lations existing between France and the United
States prior to tho commencement of the dis-
turbances out of which these claims have arisen;
and the discharge of this duty would compeJ a
dry and uninteresting reference to the several
treaties which, at that period, governed those
relation.s.

" The seventeenth article of the treaty of am-
ity and commerce of tho tith Fel)ruary, 1778,
was tho first of these references, and that article
was in the following words :

" ^ Art. 17. It shall bo lawful for the ships of
war of either party, and privateer.s, freely to
carry whithersoever they plea.se the ships and
goods taken from their enemies, without being
obliged to pay any duty to tho oflicers of tho
admiralty or any other judges; nor shall such
prizes bo arrested or seized when they como to
or enter tho ports of either party ; nor shall tho
searchers or other officers of those places search
tho same, or make examination concerning tho
lawfulness of such prizes ; but they may hoist
sail at any time and depart and carry their
prizes to the places expressed in their commi.s-
sions, which the commanders of such ships of
war shall be obliged to show ; on the contrary,
no shelter or refuge shall be given in their ports
to such as shall have made prize of tho .subject.*,
people, or property of either of the p,arties; but
if such shall come in. being forced by stress of

490

THIRTY YEARS' VIEW

': I

woatlier. or tlie danptT of the sea, all proper
means sliull be vifiorously used, that they j;o
out and retire from thence as Koon as posaible.'

" This article, ?.lr, W. said, would l>e found to
be one of the most material of all the stipula-
tions hctween the two nations, in an examina-
tion of the diplomatic correspondence during
the whole period of the disturbances, from the
bi-eak nnj out of the war between France and
Kngiaud. in 17'J.'!, until the treaty of the 30th
September, 1800. The privilepes claimed by
France, and the exclusions she insisted on as
applicable to the other belligerent Powers, were
fruitful sources of complaint on both sides, and
constituted many material points of disagree-
ment Ijetwcen the two nations through this en-
tire intt'fval. What these claims were on the
part of France, and how far they were admitted
by the United States, and how far coiitrovertcd,
will, Mr. ^V. said, be more properly considered
in another j)art of the argument. As connected,
liowever, wilh tliis brancli of the relations, he
thought it necessary to refer to the twenty-
second article of the same treaty, which was in
the following words :

" ' Art. 22. It shall not be lawful for any for-
eign privateers, not belonging to subjects of the
Most Christian King, nor citizens of the said
United States, wlio have commissions from any
other prince or State in enmity with either na-
tion, to fit their ships m the ports of either the
one or the other of the aforesaid parties, to sell
what they have taken, or in any other manner
whatsoever to exchange their ships, merchan-
dises, or any other lauing; neither shall they be
allowed even to purchase victuals, except such
as shall be necessary for their going to the next
port of that prince or State from which they
have commissions.'

" Mr. ^V. said he now passed to a diflcrent
branch of the relations between the two coun-
tries, as established by this treaty of amity and
commerce, which was the reciprocal right of
cither to carry on a free trade with the enemies
of the other, restricted only by the stipulations
of the same treaty in relation to articles to be
considered contraband of war. This reciprocal
right is defined in the twenty-third article of the
treat}', which is in the words following;

" ' Art. 23. It shall Lo lawful for all and singu-
lar the subjects of the Most Christian King, and
the citizens, people, and inhabitants of the said
United States, to sail Avith their ships with all
manner of liberty and security, no distinction
being made who are the proprietors of the mer-
chandises laden thereon, from any port to the
places of those who now are or hereafter shall
be at enmity with the Most Christian King, or
the United States. It shall likewise be lawful
for the subjects and inhabitants aforesaid to sail
with the ships and merchandises aforementioned,
and to trade with the same liberty and security
from the places, ports, and havens of those who
are enemies of both or either party, without any
opposition or disturbance whatsoever, not only

directly from the places of the enemy aforinit^
tioncd to neutral places, but also from one hlaij,
belonging to an enemy to another place Ih1o„,,
ing to an enemy, whether they be under []', I
jurisdiction of the same i)rince, or under ftTcn
And it Ls hereby stipulated that free ships sha i
also give a freedom to goods, and that cvm I
thing shall be deemed to be free and exiiupt
which shall be found on board the ships kloi,!..
ing to the subjects of either of the confederates '^'.
though the whole lading, or any part thtridf
should appertain to the enemies of eitiior om.
traband goods being always excepted. It isa!^) I
agreed, in like manner, that the same lilwtvU
extended to persons who are on board a fi\< I
ship, with this effect, that although they bccr.e I
mies to both or either party, they arc not to [^ I
taken out of that free ship, unless they aresoldiTOl
and in actual service of the enemies.' I

"The restrictions as to articles to be held be. I
tween the two nations as contraband ofvrirf
Mr. W. said, were to be found in the twcntTlf
fourth article of this same treaty of ainitjaniil
commerce, and were as follows :

"'/4r/. 24. This liberty of navigation anjl
commerce shall extend to all kinds of merclian.!
discs, excepting those only which are distinguiskj
ed by the name of contraband, and under tfel
name of contraband, or prohibited goods shalll
Ikj comprehended arms, great guns, bombs, iiiij|
fuses and other things belonging to thciii oA
non ball, gunpowder, match, pikes, swords, bl
ces, spears, halberds, mortars, pctaixls, grenidf^l
saltpetre, muskets, musket ball, helmets, breadl
plates, coats of mail, and the like kinds of amil
proper for arming soldiers, musket rests, beli^l
horses with their furniture, and all other mjt
like instruments whatever. These merchanil
scs which follow shall not be- reckoned anioi«|
contraband or prohibited goods; that istoajl
all sorts of cloths, and all other manufactun
woven of any wool, flax, silk, cotton, or any otk
material whatever; all kinds of wearing appan
together with the species whereof they mwd
to be made ; gold and silver, as well coined i
uncoined : tin, iron, latten, copper, brass,
as also wheat and barley, and any other kiM
corn and pulse : tobacco, and Ukewise nil i
ner of spices; salted and smoked llesh,sall((
fish, cheese, and butter, beer, oils, wines, sugu
and all sorts of salts ; and, in general, all proii
ions which servo for the nourishment of i
kind, and the sustenance of life ; fUrtlicnnoii
all kinds of cotton, hemp, flax, tar, pitch, rop
cables, sails, sail cloths, anchors, and anv|
of anchors, also ships' masts, planks, boards, i
beams, of what trees soever; and all other thii
proper cither for building or repairing ships, s
all other goods whatever which have nut 1
worked into the form of any instrument or tl
prepared for war by land or by sea, shall n(<lj
reputed contraband, much less such as havetx
already wrought and made up for any other ■
all which shall bo wholly reckoned among &
goods i as likewise all other merchandisis i

ANXO 1835. ANDREW JAClCriON', PllIiSIDKNT.

491

58 of the enemy afortin*>
;8, but ulso from one \ik.^
r to another plnce Ik'Ioh,'.
ether they be iindtr \].,
ne prince, or umkr fevcn,.
ilated that free ships slir,;i
to poods, and tiiat cvm 1
d to be free and exinipt
on board the ships kloi,;.
ithcr of the confederatc?,a\
ding, or any piirt thereof
the enemies of eitlicr, cmi.
ilways excepted. It is a'.« I
!r, that the same lil)erly !«
i who arc on board a (^^
that although they be ere I
ir party, they arc not to l« I
ship,unle8s they aresoUkrs I
of the enemies.'
as to articles to be heldt)«.|
nns as contraband ofwul

be found in the twenty- 1
is same treaty of amity and I

a.s follows : I

liberty of navigation aivll
;nd to all kinds of merchan-l
ic only which are distinguisl-l
contraband, and under tfel
i, or proh'bited poods, sWl
rms, great guns, bombs, wiikl
ings belonging to then, ca-l
er, match, pikes, swords, kj.l
s, mortars, pctai-ds, prcnadeil
musket ball, helmets, bretit.!

1 and the like kinds of arasl
soldiers, musket rests, belts!
urniturc, and all other \wl
whatever. These merchaiiil
shall not bo- reckoned imntM
libited goods ; that is to sijj

and all other manufacture
flax, silk, cotton, or any otk
; all kinds of wearing appart
species whereof they artd
and silver, as well coined i
n,latten, copper, brass, cojli
barley, and any other kindd
»bacco,'and likewise allnai
ted and smoked flesh, sal*
utter, beer, oils, wines, sugsi
ts ; and, in general, all proii
for the nourishment of na
itenance of life -, fUrtlitniKi
J, hemp, flax, tar, pitch, roj
jloths, anchors, and anyp
dps' masts, planks, boards,a
;es soever ; and all other tliiif
building or repairing shipin
rhatcver which have not V
ormof any instrument or tl
by landorby sea, shall noiy
[jd, much less such as haveW
and made up for any othcn
wholly reckoned among n
sc all other merchandises f

,i,;njs which arc not comprehended and particu- 1
l,rlv mentioned in the fon-poing enumeration of
„ntraband poods, so that they may be tnins-
!ri(il ami carried in the freest manner by the
' ihii'Cts of both confediratcs, even to the places
I. ioninni: to an enemy, such towns or places bc-
;,,, „n!v I'xccptetl as arc at that time besieged,
p'^kcd up, or inve8t<?d.'

• Mr. W. said this closed his references to this
Iffaiv, with the remark, Avhich he wished carc-
fillv borne in mind, that the accepted public law
Lva? greatly departed from in this last article.
Prnvisions.'in their broadest sense, materials for
thips. ripcintj for ships, and indeed almost all the
iriiclcs of trade mentioi.ed in the long exception
in the article of the treaty, were articles contra-
band of war by the law of nations. This article,
therefore, i)laced our commerce with France upon
tootin" widely different, in ca.se of a war between
Yana' and any thii"d power, from the rules which
rmild reptdate that commerce with the other
li<rerent, with whom we might not have a
iniilar commercial treaty. Such was its effect as
omparcd with our relations with England, with
rhk'h jiowcr we had no commercial treaty what-
ir, but depended upon the law of nations as
ir forameicia! rule and standard of intercourse,
.Mr. W. said he now passed to the treaty of
lliancc between France and the United States,
the same date with the treaty of amity and
imraerce before referred to, and his first re-
;nce was to the 11th article of this latter
jaty. It was in the following v\ ."ds :

Art. 11. The two parties guarantu^mutual-

from the present time, and for ever, against

other powers, to wit : The United States to

Most Christian Majesty the present posses-

)ns of the Crown of France in America, as well

those which it may acquire by the future trea-

cf peace : And His Most Christian Majesty

irantees on his part to the United States, their

!rtv, sovereignty, and independence, absolute

unlimited, as well in matters of government

[commerce, and also their pos.sessions, and the

litions or conquests that their confederation

\y obtain during the war, from any of the do-

[iiions now or heretofore possessed by Great

[tain in North America, conformable to th&

and sixth articles above written, the whole

Ik'ir possessions shall be fixed and assured to

said States at the moment of the cessation

Ihoir present war with England.'

rriiis article, Mr. AV. said, was the most im-

jtant reference he had made, or could make,

as the claims provided for by this bill

concerned, because ho understood the

kds of the bill to derive the principal consid-

non to the United States, which created their

|lity to pay the claims, from the guaranty

he part of the United States contained in it.

Senate would see that the article was a

ual and reciprocal guaranty, 1st. On the part

he United States to France, of her posses-

I in America; and 2d. On the part of France

he United States, of their 'liberty, eove-

reignty,and indcpend«nco. absolute and unlimit-
ed, as well in matters of povcrnment a.s com-
merce, andal.«o their jn^sscsriions,' He; and tii.'il
the respective guarantees were ' for ever.' it
would by-and-by apjwar in what manner thi.s
guaranty on the jmrt of our povcnimcnt w.-in
claimed to be the foundation for tliis iR-cuniary
rc.spon8ibility for millions, but ut present ho
miist complete bis references to the treaties
which formed the law ln'tween tiie two nations
and the ndo of their relations to and with each
other. lie had but one more article to read, and
that was important only as it went to detine tho
one last cited. This was tho 12th article of the
treaty of alliance, and was as follows:

'• ' Art. 12. In order to fix more precisely tho
sense and application of the preceding article,
tho contracting parties declare that, in ca.se of a
rupture between France and England, tho re-
ciprocal guaranty declared in the said article
shall have its full force and effect the moment
such war shall break out; and if such rupture
shall not take place, tho mutual obligations of tho
said guaranty shall not commcnco until the mo-
ment of the cessation of the present war between
the United States and England shall have ascer-
tained their possessions.'

" These, said Mr. W., are the treaty stipula-
tions between France and the United States, ex-
isting at the time of the commencement of the
disturbances between tho two countries, which
gave rise to the claims now tho subject of con-
sideration, and which seem to bear most mate-
rially upon the points in issue. There were other
provisions in the treaties between the two gov-
ernments more or less appliciiblc to the present
discussion, but, in the course he had marked out
for himself, a reference to them was not indis-
pensable, and he was not disposed to occupy tho
time or weary tho patience of the Senate with
more of these dry documentary quotations than
he found absolutely essenti?il to a full and clear
understanding of the points ho proposed to ex-
amine.

" Mr. W. said he was now ready to present
tho origin of the claims which formed the sub-
ject of the bill. The war between France and
England broke out, according to his recollection,
late in the year 1792, or early in the year 1793,
and the United States resolved upon preserving
tho same neutral position between those belli-
gerents, which they had assumed at the com
mcncemcnt of the war between France and cer
tain other European powers. This neutrality
on tho part of the United States seemed to be
acceptable to the then French Republic, and her
minister in the United States and her diplomatic
agents at home were free and distinct in their
expressions to this effect.

'• Still that Republic made broad claims under
the 17th article of the treaty of amity and oom-
merco before ouoted, and her minister here as-
suined the right to purchase ships, arm them as
privateers in our ports, commission officers foi
them, enlist our own citizens to man them

•' - I,

492

THIRTY YEARS' VIEW,

and, thus prepared, to send them fi'om our ports
to cruise nRainst Enplifh vcBsels up)n our const.
Many prizes were made, which were hrouglit
info our ports, submitted to the admiralty juris-
diction conferred by tlic French Uepublic upon
her consuls in the United States, condemned,
and the captured vessels and cargoes exposed for
sale in our markets. These practices were im-
mediately and earnestly complained of by the
British government as violations of the neutral-
ity which our government had declared, and
which we assumed to maintain in regard to all
the belligerents, as favors granted to one of the
belligerents, not dcmandable of right under our
treaties with France, and as wholly inconsistent,
according to the rules of international law, with
our continuance as a neutral power. Our gov-
ernment so far yielded to these complaints as to
prohibit the French from fitting out, arming,
equipping, or commissioning privateers in our
ports, and from enlisting our citizens to bear
arms umier the French flag.

" This decision of tlie right" of France, under
the treaty of amity and coi;imcrcc, produced
warm remonstrances from her minister in the Uni-
ted States, but was finally osten^nbly acquiesced
in by the Republic, although constant complaints
of evasions and violations of the rule continued
to harass our government, and to occupy the at-
tention of the respective diplomatists.

" The exclusive privilege of our ports for
her armed vessels, privateers, and their prizes,
granted to France by the treaty of amity and
commerce, as has before been seen, excited the
jealousy of England, and she was not slow in
sending a portion of her vast navy to line our
coast and block up our ports and harbors. The
insolence'of power induced some of her armed
vessels to enter our ports, and to remain, in
violation of our treaty with France, though not
by the consent of our government, or when we
had the power to enforce the treaty by their
ejection. These incidents, however, did not fail
to form the subject of new charges from the
French ministers, of bad faith on our part, of
partiality to England lo the prejudice of our
old and faithful ally, of pemiitted violations of
the treaties, and of an inetficiency and want of
zeal in the performance of our duties as neutrals.
To give point to these complaints, some few in-
stances occurred in which British vessels brought
their prizes into our ports, whether in all cases
under those casualties of stross of weather, or
tlie dangers of the sea. which rendered the act
in conformity with the treaties and the law of
nations or not, is not perhaps very certain or
very material, inasmuch as the spirit of complaint
seems to have taken possession of the French
negotiators, and these acts gave colorable ground
to their remonstrances.

" Contemporaneously with these grounds of
misunderstiinding and 'hese collisions of inter-
est between the belligCienta, and between the
interests of either of them _nd the preservation
«f our neutrality, the French began to discover

the disadvantages to them, and the great hU%n-l
tages to the British, of the dillerent rules whici I
governed the commerce between the two natioa* I
and the United States. The rule Wtwetn I
and Franco was the commercial trtaiy ^
which the articles above quoted form a mrt^amil
the rule between us and Great Britain. wi< thiil
laid down by the law tf nations. Mr, W. sj^^l
he would detain the Senate to point outbuttwil
of the dilferences between these rules of coo.|
merce and intercourse, because upon these tiril
principally depended the difficulties which fol]o».|
ed. The first was, that, by the treaty betw(t||
us and France, 'free ships shall also giveafre^l
dom to the goods ; and every thin;; ishaH i»|
deemed to be free and exempt which shall bcfoaajl
on board the ships belonging to the Biibjccts cj
either of the confederates, although the vrhAl
lading, or any part thereof, should appertjij
to the enemy of either, contraband goods beiiB
always excepted ;' while the law of nations vh
was the rule between us and England, made tit
goods of an enemy a lawful prize, thoHjrh found ii
the vessel of a friend. Hence it followed tla
French property on board of an American rtss,
was subject to capture by British cruisers win
out indignity to our flag', or a violation to iaterJ
national law, while British property on boani./
an American ves.sel could not be captured bv j
French vessel without an insult to the hii
the United States, and a direct violation of tl
twenty-third article of the treaty of amitv l
commerce between us and France, before re«<
red to.

" Mr. W. said the second instance of disadn
tagu to France which he proposed to mentki
was the great difference between the artidi
made contraband of war by the nventy-fom
article of the treaty of amity and commerce. In
fore read to the Senate, and by the law of i
tions. By the treaty, provisions of all 1
ship timber, ship tackle (guns only exeepto
and a large list of other articles of trade andra
merce, were declared not to be contraband^
war, while the same articles are expressly t
contraband by the law of nations. Hence i
American vessel, clearing for a French portiiJ
a cargo of provisious or ship stores, was l»i
prize to a British cruiser, as, by the law ofi
tions, carrying articles contraband of war to {
enemy, while the same vessel, clearing fori
British port, with the same cai^, could nol{
captured by a French vessel, because the tn
declared that the articles composing the a
should not be contraband as between the Uoi
States and France. Mr. W. said the
would see, at a single glance, how emint
these two advantages on the part of Great Bij
were calculated to turn our commerce to I
ports, where, if the treaty between usi
France was observed, our vessels could go)
perfect safetj', while, laden with provisioair
only considerable export, and destined in
French port, they were liable to captuci
carrying to an enemy contraband articles, h

ANNO 1835. ANDREW JACKSOX. rRtXDKNT.

403

hem, and the pre»t nUui. 1
f the (lilVeicnt rulea whicil
X! between the two nation I
es. Tlio rule ljetwnnaj|
le commercial tixaty <;
ve quoted form a farl, and I
nd Great Britain, was th»;l
r ^>f nations. Mr, W. vj/l
senate to point out but hi I
etween these ruWs of cum. I
;e, because upon these tvtl
the difficulties which fullow.I
;hat, by the treaty hetw^l
ships shall also give a frtfl
and every thing shall wl
i exempt which shall be foim||
wlonging to the subje'cls A
derates, although the vUM
t thereof, should appertial
[icr, contraband goods Uini
rhile the law of nations, whic
m us and England, made tin
, lawful prize, though found ii
ind. Hence it followed lb
I board of an American tcss
,ure by British cruisers win
r flag, or a violation to inui
I British property on boanjui
jl could not be captured by j
[lOUt an insult to the flag if
and a direct violation of i'
ie of the treaty of amity i
i us and France, before re«t]

le second instance of disad'
lich he proposed to ment
ifference between the artii
of war by the nventy-fo
,y of amity and commerce.
Senate, and by the law of
:eaty. provisions of all ki
tackle (guns only excepi
other articles of trade and(
ired not to be contraband
ne articles are expressly w
te law of nations. Hence
slearing for a French port
ous or ship stores, was 1»'
cruiser, as, by the law of
tides contraband of war to
same vessel, clearing k
the same cargo, could not'
ench vessel, because theti
articles composing the i
traband as between the Li
ice. Mr. W. said the f
single glance, how emi^
iges on the part of Great Bi
^0 turn our commerce to
the treaty between as
■rved, our vessels could p
hile, laden with provUioMi
le export, and destmed fill
ey were liable to captiati
Lciny contraband articles, l!

their return, too, they wore equally out of
ainzer from French cruisers, as, by the treaty,
M ships made frie the goods on board ; while,
'• (ficy cleared irom a port in Franco with a
frinch cargo, they were lawful prize to the
llintlsh, tip"n the principle of the law of nations.
that the goods of an enemy are lawful prize,
fvtn when found in the vessel of a friend.
' IJolh nations were in constant and urgent
,nt of provisions from the United Stales ; and
hi? lioiible advantage to England of having her
)rt.s open and free to our vessels, and of pos-
jijn" the right to capture those bound to
rcncii port^, exa.<iperated the French Republic
vond endurance. Her ministers remonstrated
i'th our government, controverted our construc-
011 of British rights, again renewed the accu-
tons of partiality, and finally threw off the
ijii'ations of the treaty ; and, by a solemn de-
w of their authorities at home, est.iblished the
lo wliich governed the practice of the British
li-ers. France, assuming to believe that the
nited States pcrmittt' ' the neutraUty of her
<T to be violated by the British, vithout re-
liance, declared that she would treat the flag
all neutral vessels as that flag should pennit
■If to be tivatcd by the other belligerents.
.i.< opened our commerce to the almost indis-
Lainate plunder and depredation of all the
vfcrs at war, and but for the want of the pro-
ions of the United States, which was too
ongly felt both in England and France not to
ivern, in a great degree, the policy of the two
itions, it would seem probable, from the docu-
ntaiy history of the period, that it must have
;n swept from the ocean. Impelled by this
ml, however, the British adopted the rule, at
early day, that the provisions captured, al-
ufih in a strict legal sense forfeited, as being
the law of nations contraband, should not
confiscated, but carried into English ports,
paid for, at the market price of the same
ivisions, at the port of their destination. The
e want compelled the French, when they
le to the conclusion to lay aside the obliga-
ins of the ( jaty, and to govern themselves,
by solemn compacts with friendly powers,
by the standards of wrong adopted by their
imics, to adopt also the same rule, and instead
lonfiscating the cargo as contraband of war, if
^visions, to decree a compensation gradu-
1 by the market value at the port of destina-

fSuch, said Mr. W., is a succinct view of the

lurbances between France and the United

|tcs, and between France and Great Britain,

of which grew what are now called the

nch claims for spoliations upon our com-

«, prior to the 30th of September, 1800.

ler -iibjccts of difference might have had a

fcote iutlucnce ; but, Mr. W., said, he believed

|ould be admitted by all, that those he had

icd were the principal, and might be as-

led a.s having given rise to the commercial

ptiaritics in which the claims commenced.

This state of things, without material change,
continued until tlie year 1 "'.'8, when on r govern-
ment adopted a course of measures intendf*! to
susjicnd our intercourse with France, until .sho
should be brought to resi>e(;t onr rigiits. These
mea.'^ures were persevere<i in by tlie United
States, up to SeptemWr, 1800. and wire termi-
nated by the treaty between the two nations of
the 30th of that month. Here, too. tenninated
claims which now occupy the attention of tnu
Senate.

"As it wa-s the object of the claimants to
show a liability, on the part of our government,
to pay their claims, and the bill under discussion
assumed that liability, and provided, in part at
least, for the payment, Mr. W. said it became
his duty to inquire what the government ha<l
done to obtain indemnity for these claimants
from France, and to see whether negligence on
its part had furnished equitable or legal ground
for the institution of this large claim upon the
national treasury. The period of time coveiv(l
by the cluiins, as he understood the subject, was
from the breaking out of the war between
France and England, in 1793, to the signing of
the treaty between France and the United States,
in September, 1800; and he would consider the
efforts the government had made to obtain in-
demnity :
•' 1st. From 1793 to 1798.
" 2d. From 1798 to the treaty of the 30lh
September, 1800.

" During the first period, Mr. "W. said, these
efforts were confined to negotiation, and he felt
safe in the assertion that, during no equal period
in the history of our government, could there
be found such untiring and unremitted exertions
to obtain justice for citizens who had been in-
jured in their properties by the unlawful acts
of a foreign power. Any one who would read
the mass of diplomatic correspondence between
this government and France, from 1793 to 1798
and who would mark the frequent and extraor-
dinary missions, bearing constantly in mind that
the recovery of these claims was the only ground
upon our part for the whole negotiation, would
find it difficult to say where negligence towards
the rights and interests of its citizens is imputa-
ble to the government of the TJnited States,
during this period. Ho was not aware that
such an imputation had been or would be made ;
but sure he was that it could not be made with
justice, or sustained by the facts upon the re-
cord. No liability, therefore, equitaljlo or legal,
had been incurred, up to the year 1798.

" And if, said Mr. W., negligence is not im-
putable, prior to 1798, and no liability had then
been incurred, how is it for the second period,
from 1798 to 1800 ? The efforts of the former
period were negotiation — constant, earnest, ex-
traordinary negotiation. What were they for
the latter period ? His answer was, war; actual,
open war ; and ho believed the statute book of
the United States would justify him in the posi-
tion. He was well aware that tl.id point would

Si'

J I

494

THIRTY YEAIW VIEW.

In- ptreniioiiKly controvcrtcfl, booausc the friends
(if till' hill would ndiiiit that, >*' a Ktato of war
Ix'twocn till! two countn'os did exist, it put an
ind to clainiH existing prior to the war, and not
jirovidi'd for in the treaty of j)eace, as well as to
all pretence for claims to indemnity for injuries
to our commerce, committed by our enemy in
time of war. Mr. W. said ho had found the evi-
dences so numerous, to establish his position that
a state of actual war did exist, that he had been
quite at a loss from what portion of the tcsti-
iriony of record to make his selections, so as to
establish the fact beyond reasonable dispute, and
HI the same time not to weary th« Senate by te-
dious references to laws and documents. He
had finally concluded to confine himself exclu-
sively to the statute l)Ook, as the highest possi-
ble evidence, as in his judgment entirely con-
clusive, and as being susceptible of an arrange-
ment and condensation which would convey to
the Senate the whole material evidence, in a
satisfactory manner, and in less compass than
Mie proofs to be drawn from any other source,
lie had, therefore, made a very brief abstract of
^ few statutes, which he would read in his
place :

"By an act of the 28th May, 1798, Congress
authorized the capture of all armed vessels of
France which had committed depredations upon
our commerce, or which should be found hover-
(ng upon our coast for the purpose of commit-
ting such depredations,

" By an act of the 13th June, 1798, only six-
teen days after the passage of the former act,
Congrt*s prohibited all vessels of the United
States f»om visiting any of the ports of France
or her dwpeadencies, under the penalty of for-
feiture of vessel and cargo ; required every ves-
ficl cleariwg for a foreign port to give bonds (the
owner, oi fiictor and maater) in the amount of
the vessei and cargo, and good sureties in half
that amount, conditioned that the vessel to which
the clearance was to be granted, would not, vol-
untarily, visit any port of France or her depen-
dencies; and prohibited all vessels of France,
armed or UMarmcd, or owned, fitted, hired, or
employed, by any person resident within the
territory of the French Republic, or its depen-
dencies, or sailing or coming therefrom, from en-
tering or remaining in any port of the United
States, unless permitted by the President, by
special passport, to be granted by liim in each
case.

"By an act of the 25th June, 1798, only
twelve days after the passage of the last-men-
tioned act, Cojgress authorized the merchant
vessels of the United States to arm, and to de-
fend themselves against any sear-'h, restraint, or
seizure, by vessels sailing under French colors,
to repel force by force to capture any French
vessel attempting a search, restraint, or seizure,
and to recapture any American merchant vessel
which had been captured by the French.

"Here, Mr. W said, he felt constrained to
make a remark upon the character of these seve-

ral acts of ConpreoB, and to call the nf'pnti.,n yl
the Senate to their peculiar adaptntir;5 t^ r. I
measures which speedily followed in future v*|
of the national legislature. The first, auth, |
izing the capture of French armed ve^nLs «„!
pcailiarly calculated to put in martijil frtuJi
tion all the navy which the United .States tul
possessed, and to spread it upon our coast. Jl I
second, establishing a perfect noi)-iiitirroiir*l
with France, was sure to call homo our rr,(,.|
chant vessels from that country and her (lit«>l
dencies, to confine within our own porfe tly^B
vessels intended for commerce with Franco, afrj
thus to w ithdraw from the reach of the Frrtrtl
cruicers a large portion of the ships and mmi
ty of our citizens. The third, authorizin'' ,;„
merchantmen to arm, was the greatest imluc,
ment the government could give to its citizs
to arm our whole commercial marine, and v
sure to put in warlike preparation as peat^
portion of our merchant vessels as a desire 1,
self-defence, patriotism, or cupidity, would iml
Could measures more eminently calculiit<Mi
prepare the country for a state of war have (..
devised or adopted ? Was this the intention j
those measures, on the part of the povermua
and was that intention carried out into acliwj
Mr. W. said he would let the subsequent actsd
the Congress of the United States answer;
for that purpose, ho would proceed to read fro
his abstract of those acts :

" By an act of the 28th June, 1798, three ta
after the passage of the act last referred til
Congress authorized the forfeiture and condsn
nation of all French vessels captured in piii?
ance of the acts before mentioned, and proviiie
for the distribution of the prize money, ani tj
the confinement and support, at the expense d
the United States, of prisoners" taken ia the a
tured vessels.

" By an act of the 7th July, 1798, nine dijj
after the passage of the last-recited act, Conn
declared 'that the United States are drS
freed and exonerated from the stipulations /
the treaties and of the consular conventij
heretofore concluded between the United Sti
and France ; and that the same shall not h™
forth be regarded as legally obligatory on (
government or citizens of the United States.'

"By an act of the 9th July, 1798, twodiij
after the passage of the act declaring void ti
treaties, Congress authorized the capture, I
the public armed vessels of the United StJti^
of all armed French vessels, whether withiati
.jurisdictional limits of the United Statesorni
the high seas, their condemnation as prizeivtliil
sale, and the distribution of the prize mo»
empowered the President to grant comrnkfia
to private armed vessels to make the samec
tures, and with the same rights and poweiiij
public armed vessels ; and provided for the i
keeping and support of the prisoners taka^
the expense of the United States.

" By an act of the 9th February, 1709, C
gress continued the non-intorcourse bctvrceni

AXNO 1936. ANDREW JACKSON, IMII^IDENT.

4f».T

ind to call tho nt.'pnii.ffl yl
leculiar adaptnti;^ to (;A
lily followed in fiitui^ v-.,l
laturo. Tl.e first. mil'A
French armed ve^HU. tA
to put in innrtiai pnj^irvl
ch the United States t!,^|
cad it ujion our coast. Tt*!
a perfect non-intcrroiirtl
re to call home our ir,(r.l
^at country and her dn«.J
ithin our own porb tii<,;,|
commerce with Fraiw.>&|l
)m the reach of the FreiyJil
ion of tho fihips and proj«.|
Tho third, authorizing; r^g,!
1, was the greatofet induci
it could give to its citizpi_
oinmcrcial marine, an-i \tj
like preparation as grutil
chant vessels as a (ksirc c(|
sm, or cupidity, would stilI
are eminently calculated!
ibr a state of war have b«
'■ Was this the intention «
the part of the povemmaL
,ion carried out into actioB|
Id let the subsequent actsd
! United States answer; ajj
) would proceed to read (re
.0 acts :
e 28th June, 1798, three W
of the act last referred Ij
d the forfeiture and condeu
3h vessels captured in puisJ
fore mentioned, and proviil
1 of the prize money, and fjj
d Hupport, at the expense i
of prisonei*s' taken iu the aj

he 7th July, 1798, nine daji
the last-recited act. Con*

United States are of
ed from the stipulations'i
of the consular conventii
;d between the United Sli
hat the same shall not hen
as legally obligatory on I
zens of the United States.'
the9th July, 1798, two dajj
of the act declaring void f

authorized the capture,
vessels of the United M
•h vessels, whether within t
t8 of the United States ornji
r condemnation as prizes, 1
ibution of the prize moD
resident to grant commisM
i-essels to make the same q
je same rights and poweiU
els ; and provided for the i
ort of the prisoners taliei^
United States.

the 9th February, 1795, (
le non-intercourse between!

lit<^ '(tates and France for one year, from the
\i:,f.Ma>eh. 17W.

Hv an not <>f the 2Hth February, 1799, Con-
.-^j'nri'viili'd for an exchange of prisoiuT« with
' riMce. <"■ rtutliorized the Presiileut, at hi.s dis-
riiwn! t'> Bend to the dominions of France,
Mithoiit an exchange, such prisioners as might
ivnwin in tl.e i)<)werof the United States.

liv an act of the M March, 1799. Congress

(liwtitl tlie Fresiilent, in case any citizens of

the I'nited Slates, taken on boanl vessels be-

lUjiiiir to any of the powers at war with France,

V French vessels, should bo put to death, cor-

rallv ]>iiniHiic(l, or unreasonably imprisoned,

retaliate promptly and fully upon any French

[irisiiners in the power of tho United States.

By an <ict of tho 27th February, 1800, Con-

58 apain continued the non-intorcoursc Im?-

ffcon us and France, for one year, from the 3d

' March. 1800.

• Jlr. W. said he had now closed the refcr-

nfs ho proposed to make to the laws of Con-

resi. to prove that war — actual war — existed

jtHcen the United States and Franco, from

ulv 179*^! ""t'l *^** W"" *'•" terminated by

le't'i-caty of the 30th of September, 1800. He

1, he lioped, before shown that the measures

Congress, up to the pas.sago of tho act of Con-

■ss of the 25th of June, 1798, and including

i act, were appropriate measures preparatory

a state of war ; and he had now shown a to-

guspension of the peaceable relations between

le two governments, by the declaration of Con-

B that the treaties should no longer be con-

ercd binding and obligatory upon our govern-

nt or its citizens. What, then, but war could

inferred from an indiscriminate direction lo

ir public armed vessels, put in a state of pre-

iration, by preparatory acts, to capture all

'jied French vessels upon tho high seas, and

im granting commissions to our whole com-

rcial marine, also armed by the operation of

ivious acts of Congress, authorizing hem to

ke the same captures, with rcgulatio.is appli-

le to both, fur the condemnation of the prizes,

distribution of the prize money, and the de-

tion, support, and exchange of the prisoners

en in the captured vessels ? Will any man,

id Mr. W., call this a state of peace ?

(Here Mr. Webster, chairman of the select

iinittje which reported the bill, answered,

rtainly.']

Mr. W. pioceeded. lie said he was not

iply read in tho treatises upon national law, and

tiiould never dispute with that learned gen-

an upon the technical definitions of peace

war, as given in tho books : but his appeal

to the plain sense of every senator and

y citizen of the country. Would either call

state of things which he had described,

whicn he had shown to exist from the

lest of all evidence, the laws of Congress

le, peace ? It was a state of open and un-

ised hostility, of force opposed to force, of

upon the oc^'an, as for as our government

were in command of the meatis to carrv on a
maritime war. If it was pc:ire. he shdiitd lilvc
to lie informed, by tin- friends of the bill, what
would 1h! war. This w;is violfuce and IiIoimI-
shed, the power of the one nation a;:ainst the
power of the other, n'ciprocally e.xliiliited by
physical force.

"Couple with this th(^ wilhdmwal by Franco
of her minister from this povernimnt, ami her
refusal to receive the American cnmniis>i()n, con-
sisting of Messrs. Marshall, l*inckney,and < ierry,
and the conseq\icnt .suspension of ncfroiiations
between the two govorninents, during tlio period
referred to; and Mr. W. said, if the facts and
the national records did not show a state of war,
he was at a lo,ss to know what state of things
between nations should l)e called war.

" If, however, the Senate should think him
wrong in this conclusion, and tint tho claims
were not utterly barred by war, he tnisted thu
facts disclosed in this part of his argument would
be considered sufficient at least to protect the
faith of the government in tho discharge of its
whole duty to its citizens ; and that after it had
carried on these two years of war, or, if not war,
of actual force and actual fighting, in which the
blood of its citizens had been shed, and their lives
sacrificed to an unknown extent, for the single and
sole purpose of enforcing these claims of indi-
viduals, the imputation of negligence, and hence
of liability to pay the claims, would not be urged
as growing out of this portion of the conduct of
the government.

" Mr. W. said he now came to consider the
treaty of the 30th September, 18U0, and the rea-
sons which appeared plainly to his mind to have
induced the American negotiators to place that
negotiation upon the basis, not of an existing
war, but of a continued peace. That such was
assumed to be the basis of the negotiation, he
believed to be true, and this fact, and this fact
only, so far as ho had heard ^he arguments of
the friends of the bill, was depended upon to
prove that there had been no war. He had at-
tempted to show that war in fact had existed,
and been carried on for two years ; and if ho
could now show that the inducement, on the
part of the American ministers, to place the ne-
gotiation which was to put an end to the existing
hostilities uj)on a peace ba.«is, arose fiom no
considerations of a national or political charac-
ter, and from no ideas of consistency with the
existing state of facts, but solely from a desire
still to save, as far as might be in their power,
tho interests of these claimants, he should sub-
mit with great confidence that it did not lay in
the mouths of the same claimants to turn round
and claim thio implied admission of an absence
of war, thus made by the agents of the govern-
ment out of kindness to them, and an excess of
regard for their interests, as the basis of a li-
ability to pay the damages which they had
sustained, and which this diplomatic untruth,
like all the previous steps of the government,
failed to recover for them. What, then, Mr.

49G

TIIIUTV YKARS' VIEW.

' At:-'

Prffsidcnt, said Mr. "VV., was tlie snlycct on our
part, of the ('i)iistaiit and luborioiiH nc^rotiationN
carrit'd on iM-twccn tho two covfninii'iilH from
I7'J3 to 17!i.S I Thu claims. What, on our part,
TTaH the olijcct of the (lislnr))anci-H from 170M to
1H(J0 — of the non-inttTcourHo — of tiie K-n(hn);
into wrvice our navy, and arming our merchant
TC'ssels — of our ruiaing troops an<l providinjr
armies on the land— jf the expenditure of the
inillionn taken from the treasury and added to
our public <libt. to equip and sustain these fleets
and armies ? The claims. Why were our ci-
tizens sent to capture the French, to spill their
blood, and lay down their lives npon the hijjh
seas ? To recover the claims. These were the
whole matter. ^Ve liad no other dcmatid upon
Franco, and. upon our part, no otlier cause of
ditfercncc with her.

" What jiiiblic, or national, or political object
had we in the ne<:otiation of 1800, which led to
the treaty of the iiOth September of that year ?
None, but to put an end to the e.xistinp liostili-
tics, and to restore relations of peace and friend-
ship. These could have been as well secured by
negotiating upon a war as a peace basis. Indeed,
aR there were in our former treaties stipulations
which we did not want to revivci, a negotiation
upon the basis of existing war was preferable,
80 far as the interests of the government were
concerned, because that would put all questions,
growing out of former treaties between the par-
ties, for ever at rest. Still our negotiators con-
sented to put the negotiation upon the basis of
continued peace, and why ? Because the adop-
tion of a basis of existing war would have barred
effectually and for ever all classes of the claims.
This, Mr. W. said, was the only possible as-
signable reason for the course pursued by the
American negotiators ; it was the only reason
growing out of the existing facts, or out of the
interests, public or private, involved in the diffi-
culties between the two nations. He therefore
felt himself fully warranted in the conclusion, that
the American ministers preferred and adopted a
peace basis for the negotiation which resulted in
the treaty of the 30th of September, 1800, solely
from a wish, as far as they might be able, to save
the interests of our citizens holding claims against
France.

" Did they, Mr. President, said Mr. W., suc-
ceed by this artifice in benefiting the citizens
who had sustained injuries 1 He would let the
treaty speak for itself. The following are ex-
tracts from the 4th and 5th articles :

" ' Art. 4. Property captured, and not yet de-
finitively condemned, or which may be captured
before the exchange of ratifications (contraband
£ rods destined to an enemy's port excepted),
shall bo mutually restored on the following
proof of ownership.'

"[Here follows the form of proof, when the
article proceeds :]

" ' This article shall take effect from the date
of the signature of the present convention. And
if, from the date of the said signature, any pro-

perty shall Ik' condcmnp*! coiitrary to tin. im^,
of the said convention, U-fon' the Kiii)w|,.,|.,.,','|
this stipulation shall be obtained, the \,t<»,^.
so condemned shall, without delay, \)c rtco^
or fiaid for.'

•• ' .1/7. T). The debts contracted for hy nnc f (
the two nations with individuals of the otlurcl
by individuals of the one with individuals (.fji I
other, shall be paid, or the payiimt nnv *|
prosecnted in the same manner as if tluriiiiil
ixjcn no misunderstanding Ijetwccn the t»r|
States. I{\it this clause shall not extwvl i,
indemnities claimed on account of capiun., I
contiscations.'

'•Here, Mr. W. said, was evidence from tv|
treaty itself, that, by assuming a peace !jaRis(i)f|
the negotiation, the property of our niordiain,!
captured and not condemned was saved iMtliejil
and that certain classes of claimants against tj* I
French government were provided for, and thjiJ
rights expressly reserved. So much, thcixf,i^|
was gained by our negotiators by a deijartiiivl
from the facts, and negotiating to put an end til
existing hostilities upon the basis of a continuhil
peace. Was it, then, generous or just to pcrniil
these merchants, because our ministers did noil
succeed in saving all they claimed, to set up i||ii|
implied admission of continued peace as ilitl
foundation of a liability against their onu Ji
vernment to pay what was not recovered fn)ijl
France ? He could not so consider it, and IkI
felt sure the country never would consent to »l
responsible an implication from an act of esai.1
sive kindness. Mr. W. said he must not ben.!
derstood as admitting that all was not, by m
effect of this treaty, recovered from Franal
which she ever recognized to be due, orcvcriD.!
tended to pay. On the contrary, his best ini'l
pression was, from what he had been able u|
learn of the claims, that the treaty of Louisial
provided for the payment of all the claims whi(i|
France ever admitted, ever intended to pay, J
which there was the most remote hopeoi>l
covering in any way whatever, lie should, J
a subsequent part of h's remarks, have (xm\
to examine that treaty, the claims which ™
paid under it, and to compare the claims ]
with those urged before the treaty of Septemlii
1800.

" Mr. W. said he now came to the considtn
tion of the liability of the United States totln
claimants, in case it shall be deterraintlbyti
Senate that a w ar between France and the Unild
States had not existed to bar all ground of cli
■either against France or the United States.
understood the claimants to put this Mk
upon the assertion that the goveriinieutoftl
United States had released their claims ajni^
France by the treaty of the 30th of .Septeuilu
1800, and that the release was made furafi
and valuable consideration passing tu the Uiiid
States, which in law and equity nude it ti
duty to pay the claims. The con.sideri?tioD|i
sing to the United States is alleged to je tit
release from the onerous obligations lUjx

ANNO 1H85. ANDKKW .lAiKsON, I'UI">I1)KNT.

41)7

io<l cn\itrary lo tlaintn;

U'furi' the kiinwii'il.v,,!

1)0 obtiiineil. tin- lir'i|.r-r,

litliout delay, W nKa- A

H contracted for liy nnc ( JH
ntUvidimls of the otlur -jB
Hie with in(livi(liiaU(.fti<|

or the paynuiit may
nc manner as if Ihcnhiil
indinR Ix-twcfii llie (m|
auso shall not exUivltol
)n account of captu^s nA

id, was evidence from m
assuming a peaci- '.msiMirl
jroperty of our nii^rclmniJ
idemncd was saved in ihem I
ses of claimantu nsainsi t'j«|
vcre provided for, and tterl
irved. So much, thc^f.rt,!
nepotiators by a departntcl
legotiating to put an tudtol
pon the basis of a continiieiil
I, generous or just to pcraitl
cause our ministers did notl
I they claimed, to set up thi,!
of continued peace as tlnl
bility against their o«ii !i>l
hat was not recovered froul
I not so consider it, and htl
y never would consent tost!
ication from an act of exwl
, W. said he must not be m
ing that all was not, by m
ty, recovered from Fraiwl
>gnized to be due, or ever *l
the contrary, his best in-l
what he had been able ul
that the treaty of Louisijal
vment of all the claims whiil
ted, ever intended topay,(»l
he most remote hopeot»|
ay whatever, lie shoulii
of h's remarks, have occa-k
•eaty, the claims which m
to compare the claims pii
efore the treaty of SeptcmlK

now came to the consita
_ ofthe United Stales to tbe
it shall be determined bjtl
tetween France and tlie Inild
sted to bar all ground of cl
lice or the United State?.
laimants to put tliis liabi
a that the government of i
i released their claims apii
atyof theSOthofSepteuite
le release was made forah
ideration passing to the I'nw
law and equity made it ti^
laims. The considerstionp
States is alleged to 'x tin
onerous obligations .mpr

ntmntb'"'" by thetronticH of amity and conimoroo
j jiliani'fiif 177K, aufl the consular roiiventiim
,,f I77,>i. iiiid espocially and iirincipally by tho
^^^jititiitli article of the treaty of amity and
.i.ii.miTri'. in relation to nriiied vesHcls, p'i-
ntw'"s. ""d prizes, nnd by the eleventh article
f (1,1. treaty of alliance containing the mutual
•tiiirantcoi".

"ihe release, Mr. W. said, was claimed to
l,avc l*en made in the striking out, by the Se-
nate of the United Stater, of the second article
iif the treaty of 30th September. 1800, as that
article wa.s originally inserted and agreed upon
|iv tiie respective negotiators of the twop^nver8,
iL< it Btood at the time the treaty was signed.
in cause this point to Ixj clearly understood, it
ffould 1« necessary for liim to trouble the Senate
Ivith 8 history of the ratification of this treaty.
Tiu' second article, as inserted by the negotia-
tors, antf as standing at the time of the signing
ofthe treaty, wa.s in t'.ie following words:
"•.1^^2. The ministers plenipotentiary of
Ihc two powers not being able to ogree, at prc-
mt, respecting the treaty of alliance of 0th
ebniary, 1778, the treaty of amity and com-
nirce of the same date, and the convention of
I4lh of November, 1788, nor upon the indem-
lies mutually due or claimed, the parties will
wotiatc further upon these subjects at a
invenient time; and, until they may have
;iwd upon these points, the said treaties and
invention shall have no operation, and the re-
itions of the two countries shall be regulated
follows : '

••The residue of the treaty, Mr. W. said, was
Isubstantial copy of the former treaties of amity
id commerce, and alliance between the two
itions, with such modifications as were desir-
ile t9 both, and as experience under the former
aties had shown to be for the mutual interests
both.

This second article was submitted to the

Inate by the President as a part of the treaty,

|by the constitution of the United States the

■csideut was bound to do, to the end that the

aty mipht be properly ratified on the part of

B United States, the Frenob government having

ieviously adopted and r-.iified it as it was signed

j the respective negotiators, the second article

ing then in the form given above. The Senate

lused to advise and consent to this article, and

Vngcd it from the treaty, inserting in its

! the following :

'It is agreed that the present convention
ill be in force for the term of eight years
I the time of the exchange of the ratifica-
hs.'

[In this shape, and with this modification,

I treaty was duly ratified by the President of

I United States, and returned to the French

"emment for its dissent or concurrence. Bon-

■tc, then First Consul, concurred in the

lification made by the Senate, in the tollow-

languagc, and upon the condition therein

■essed ;

Vol. I.— 32

"' The povcmmont of the United .<?fntf,x hav-
ing added to its ntiliciifiun that the n.uMMitii.n
sliould be ill ffirre for tln' spare nf ti(;Iit M'ar>i,
and having omitted the s<'riiiir| article, the j;i)-
veniment of the French Itepuhlic rdiisents to
ac<'t'pt, ratify, and ci.iitirrn thealmve (•iiiiventi(jii,
with the «(Miti'>n, purporting that the eonven-
tion shall be in foireforthe spaceofei;:ht years,
and with the reirenchnu'iit of the second iirtiele ;
Provided, That, by this retrenchment, the twc
States renounce the resjicctive preten,-<i()ns whieii
are the object of the said articK'.'

"This ratification by the French Republic,
thus qualified, was rttunied to the I'nited ."^tates,
and the treaty, with the respective eomliiional
ratification.s, was again submitted by tlie Presi-
dent of the United States to the Senate. That
body 'resolved that they considered the said
convention as fully ratified, and returiied the
same to the President for the usual jnomulga-
tion;' whereupon he completed the ratification
in the usual forms and by the usual ijublication.

" This, Mr. "\V. said, was the documentary
history of this treaty and of its ratification, and
here; was the release of their claims relied uj)on
by the claimants under the bill before the Senate.
They contend that this second article of tho
treaty, as originally inserted by the negotiators,
reserved their claims for future negotiati(m, and
also reserved the subjects of disagreement under
the treaties of amity and commerce, and of alli-
ance, of 1778, and the consular convention of
1788 ; that the seventeenth article of the treaty
of amity and commerce, and the eleventh article
of the treaty of alliance, were particularly oner-
ous upon the United States ; that, to di.^chargo
the government from the (.iicrous obligations
imposed upon it in these two avticles ofthe respec-
tive treaties, the Senate was ii.duced to expunge
the second article of the treaty of the 30th Sep-
tember above referred to, and, by consequence,
to expunge the reservation of their claims as
subjects of future negotiation between the two
nations ; that, in thus obtaining a discharge from
the onerous obligations of these treaties, and
especially of the two articles above designatetl,
the United States was benefited to an amount
beyond the whole value of the claims discharged,
and that this benefit was the inducement to tho
expunging of the second article of the treaty,
with a full knowledge that the act did discharge
the claims, and create a legal and equitable ob-
ligation on the part of the government to pay
them.

" These, Jlr. W. said, he understood to be the
assumptions of the claimants, and this their
course of reasoning to -irrive at the conclusion
that the United States were liable to them for
the amount of their claims. He must here raise
a preliminary question, which he had satisfied
himself would show these assumptions of the
claimants to be wholly without foundation, so
far as the idea of benefit to the United States
was supposed to be derived from expunging this
second article of the treaty of 1800. A\'hat. ho

^.^qgi

498

THIRTY Y KAILS' VIKW.

mnst ]>c |Hnnitt<'<l to n«k, would have licen tlie ' tlie treaty of 1800. in his niinil, put an tni]

the j)rot*.'in"e that tho Htrikiri;; out (if this art
relieved the United Sliifes from ol "

liafiilitv of the I'nited Stutc« imiler tlio 'f)nerouH

ohlipilionn' refcnrd to. in ease the Senate had
ratiiied the treaty, retaiuinp this second article?
The biiuiin)? foire of the treaties of amity an<l
eoinnierce. and of allinnre, and of the consular
convention, was released, and the treaties and
convention were themselves susiicnded by the
very article in question ; and the B.ilyects of
(iisafrreement grovvin;; out of them were merely
made matters of future negotiation 'at a con-
venient time.' What was the value or the
hiirden of such an oblijration upon the United
States ? for this was the only obligation from
which our government was released by striking
out tlio article. The value, Mr. W. said, was
the value of the privilege, being at perfect liberty,
in the premises, of assenting to or dissenting
from a bad bargain, in a matter of negotiation
between ourselves and a foreign power. This
was the consideration passing to the United
States, and, so far as he wao able to view the
s\ibject, this was all the consideration the go-
vernment had received, if it be granted (which
he must by no means be understood to admit),
that the striking out of the article was a release
of the claims, and th.at such release was intended
as a consideration for the boneflts to accrue to
the government from the act.

" air. W. said he felt bound to dwell, for a mo-
ment, upon this point. What was the value of
n n obligation to negotiate ' at a convenient time ? '
Was it any thing to be valued ? The ' conven-
ient time ' might never arrive, or if it did arrive,
and negotiations were opened, were not the
government as much at liberty as in any other
case of negotiation, to refuse propositions which
were deemed disadvantageous to itself? The
treaties were suspended, and could not be re-
vived without the consent of the United States ;
and, of consequence, the ' onerous obligations '
comprised in certain articles of these treaties
were also suspended until the same consent
should revive them. Could he, then, be mistaken
in the conclusion that, if the treaty of 1800 had
been ratiiied with the second article forming a
part of it, as originally agreed by the negotiators,
the United States would have lieen as effectually
released from the onerous obligations of the
former treaties, until those obligations should
again be put in force by their consent, as they
were released when that article was stricken
out, and the treaty ratified without it? In
short, could he be mistaken in the position that
all the inducement, of a national character, to
expunge that article from the treaty, was to get
rid of an obligation to negotiate 'at a conve-
nient time ? ' And could it be possible that
such an inducement would have led the Senate
of the United States, understanding this conse-
quence, to impose upon the government a
liability to the amount of $5,000,000 ? He could
not adopt so absurd a supposition ; and he felt
him.scif compelled to say tliat this view of the
action of the governmciit in the ratification of

I'S irom oi)ii-iiti„„, ,,
I onerous as to form a valuable consiiliraljcnf .
the payments provided for in this l,iii, n
could not view the obli;;ation releasi<!— ^ ,„
obligation to nc';;otiate — as onerous m al| ^^
forming any consideration whatever for a pts'm
ary liability, much less for a liability fur iiiilij,,,,;

" iMr. A\ . said he now proposecl to c(m>iil.-
whether the etllct of expunging the sicond ar'
tide of the treiity of 1800 was to release ac-
claim of value — any claim which Franco ha,]
ever acknowledged, or ever intended to mv
lie had before shown, by extracts from tto
fourth and fifth articles of the treaty of ISmi
that certain classes of claims were saved by th«
treaty, as it was ratified. The claims so i^.
served and provided lor were paid in pursuance
of provisions contained in the treaty Ijctwn,,
France and the United States, of the 30th of
April, 1803 ; and to determine what claims wtn
thus paid, a reference to some of the articfcs of
that treaty was nccessanr. The purchase of I
Louisiana was made by the United States fjr I
the sura of 80.000,000 of francs, GO,0()0,OM rf I
which were to be paid into the French treai^nrv I
and the remaining 20,000,000 were to le appliii j
to the payment of these claims. Three .>*paniJ
treaties were made b-.tween the parties, bcarii»|
all the same date, the first providing fur m
cession of the territory, the second for the mv. I
ment of the 00,000,000 of francs to the Freocjl
treasury, and the third for the adjustment aiij|
payment of the claims.

"Mr. W. said the references propcsed were i: I
the last-named treaty, and were the followbg; [

" ^Art. 1. The debts due by France to citizttsl
of the United States, contracted before the^ill
of Vendemiaire, ninth year of the French M
public (30th September, 1800), shall be p^l
according to the followinn; regulations, with ii'l
terest at six per cent., to commence from tinl
period when the accounts and vouchers wh(|
presented to the French government.'

" ^Art. 2. The debts provided for by the p^l
ceding article are those whose result iscoraprBjl
in the conjectural note annexed to the prewl
convention, and which, with the interest, cmM
exceed the sum of twenty millions of frwl
The claims comprised in the said note, wkk^
fall within the exceptions of the following j
cles, shall not be adm' tted to the benefit of t
provision.'

" ' Art. 4. It is expressly agreed that thep
ceding articles shall comprehend no debb 1
such as arc due to citizens of the United Stw
who have been and are yet creditors of f riii
for supplies, for embargoes, and prizes raadei
sea, in which the appeal has been properly lodp
within the time mentioned in the said convs^
tion of the 8th Vendemiaire, ninth year (3fti
September, 1800).'

^'' Art. 5. The preceding articles shall an
only, 1st, to captures of which the council i

ANNO 18r..V AXIHIF.W .fACICSON. I'Ul SIDKNT.

40f)

is tuirnl, I>'it iin irnl t,
rikiii;; out of this art*
ti'H from ol)li;;iitiinii( ^,
alimble consickraliun f r
(1 for in this lill, h,.
i;;ntion rfleasiil— a men
—as oncroii"! «l all, orii,
ion wlmtc'vcr for a jx-cum
for ft liability f(inniUi..iii,
u\v proposed to cimsiil.t
cxpunjiing the sj'cond »r-
181)0 was to vt'loase an-
chiim which France hvl
jr ever intendwl to priv.
11, by extracts from tk
ks of the treaty of Ism.
claims were sawd by thai
iiicd. The claims so k-
br were paid in piirsuanct
ed in the treaty ktwewi
id States, of the 30th (,(
letermino what claims wcrt
! to some of the articles of
pessary. The purchaac of L
by the United States tor I
00 of francs, 00,000,000 of
d into the French trcafur, I
),000,000 were to be appW j
[leso claims. Three scpant«|
3-t\veen the parties, btaiinj I
the first providin;; for M
ory, the second furthcpijl
000 of francs to the Freniil
hird for the adjustment anil
ms. I

references proposed weret;
ty, and were the following; I
its due by France to citizasl
8 contracted before tkm
ith year of the French Rt-I
;mber, 1800), Bhall be piidl
[lowing regulations, with ii'l
nt. to commenco froratkl
iccounts and vouchors ml
rench government.' I

fbts provided forbythepfrl
oso whose result iscomprisell
note annexed to the prc!m|
lich, with the interest, CM
,f twenty millions of in
ised in the saiu note, wli
eptionsof the following ii
diirtted to the benefit ofthi

■xpressly agreed that thep
ill comprehend no debte I
citizeas of the United btJta
i are yet creditors of Fran
tibargocB, and prizes madii^
npcal has been properly W
mentioned in the said COOT
endemiaire, ninth year (M

preceding articles shall a
Ires of which the council

.pyt-s ?bnH fia*'** "r<!iTf<l restitution, it beinp;
II „n(li'r>to(Kl that the I'laiiimnt cannot have
-i-ur-c t'» the I'niffil States otherwise than
I., iiirlit have liud f«i the ndvernineiit of the
frinch |{";iublio, and only in cai<e of ti.e insutli-
;,,niv iif the captori ; 'Jd, the debts mentioned
„, the ciiid Jiflb article of tlio conventi<tn, con-
•nctf<l Itefore the 8th Vcndenjaire, and 'J (30th
SoptendHT, 1800), the payment of which has
Utn heretofore claimed of the actual govcni-
n,,.nt of France, and for which the creditors
l,;ive a right to the jtrotoction of the United
Stntes; the said fifth article d(x>s not comprc-
innfl prizes whoso condemnation has Iwen or
shall be confirmed } it is the express intention
if the contracting parties not to cxtenti the
Ixnctit of the present convention to rcclania-
(i.ins of American citizens, who shall have cs-
tulilishcd bouses of commerce in France, Eng-
ird, 01 other countries than the United States,
1 iii partnership with foreigners, and who by that
re.i:^(in and the nature of their commerce, ought
to he repanled as domiciliated in the places
U here such houses exist. All agreements and
1 Uii'iaiiis concerning merchandise, which shall
nut 1« the property of American citizens, are
j(niially excei>ted from the benefit of the said
Ifiinvciition, saving, however, to such persons
It.iiir claims in like manner as if this treaty liad
lnot been made.

I •■ From these provisions of the treaty, Mr. W.
Ipii'l, it would appea' that the claims to be paid
iHirc of three descriptions, to wit :

• 1. Claims for supplies,
•:'. Claims for embargoes.

• 3. Claims for captures made at sea, of a de-
kcription defined in the last c'ause of the 4th
Vii'l the first clause of the 5th article.

How far these claims embraced all which
fraiice ever acknowledged, or ever intended to
ay, .Mr. W. said he was unable to say, as the
liiiii' allowed him to examine the case had not
«rraittcd him to look suflicienily into the docu-
ments to make up his mind with precision upon
kliis point. He had found, in a report made to
JieSeriteon the 14th of January, 1831, in £i-
lorof this bill, by the honorable Mr. Livingston,
ken a Senator from the State of Louisiana, the
bllonirp class.tication of the French claims, as
^Msted on at a period before the making of the
Kity of 18U0, to wit :

••'1. From the capture and detention of about
\y vessels.

■'2. The detention, for a year, of eighty other
isst's, under the Bordeaux embargo.
•• ' '). The non-payment of supplies to the West
bdia islands, and to continental France.
I " • 4. For depredations committed on our com-
lerce in the West Indies.'
t''.Mr. W. said the compcrison of the two
Bssitications of claims would show, at a single
kw, that Nos. 2 and 3 in Mr. Livingston's list
pre provided for by the treaty of 1803, from
pich he had read. AVhether any, and if any,
at portions of Nos. 1 and 4 in Mr. Living-

ston's list were em>)rftrr(l in No .1 of the pro*
visions (if the treaty, ivs lu> had nuinl«n<l tlicii^
he was unnlije to --ay; liiit this niiicli he could
8(iy. that he had found nothing to satisfy his
mind that parts ol' liotli tlm-t' classis of claims
were not ho included, and tlunl'ori' f)ro\idt>d (nr
and jwid under the treaty ; nor had he U'en abb-
to find any thimt to show that this treaty of
180.5 did not provide for and pay all tlu; rliiims
which Franco ever acknowle<li:»«<l or ever in-
tended to pay. He was. therelbiv, unpivpared
to admit, and di<l not admit, that any thing of
value to any class of indivi<lual rlaimants was
released by expunging tlie second original ar-
ticle from the treaty of the .'lOth September,
IHOO. On the contrary, ho was strongly im-
pressed with the Iwlief that the adjustment of
claims provided for in the treaty df 18(t.'i ha<l
gone to the whole extent to which the Fivnch
government had, at any pcricxl of the negotia-
tions, intended to go.

"Mr. W. waid this impression was greatly
strengthened by the circumstance that the claims
under the Bordeaux embargo were expressly
provided for in this treaty, while he could see
nothing in the treaty of 1800 which seemed to
him to authorize the supposition that this class
of claims was more clearfy embraced within the
reservations in that treaty than any class whicli
had been admitted by the Fri'nch government.

'•Another fact, Mr. W. said, was material to
this subject, and should l)e borne carefully in
mind by every senator. It was, that not a cent
was paid by France, even upon the claims re
served and admitted by the treaty of 1800, un
til the sale of Louisiana to the United States,
for a sum greater by thirty millions of francs
than that for which the French minister was
instructed to sell it. Yes, Mr. President, said
Mr. W., the only payment yet made upon any
portion of these claims has been virtually made
by the United Stiites ; for it has been made out
of the consideration money paid for Louisiana,
after paying into the French treasury tea mil-
lions of fl'aucs beyond the price France herself
placed upon the territory. It is a singular fact
that the French negotiator was instructed to
make the sal for fifty millions, if he could pet
no more ; and when he found that, by yieldiii;,'
twenty millions to pay the claims, he could get
eighty millions for the territory, and thus put
ten millions more into the treasury of his na-
tion than she had instructed him to ask for the
whole, he yielded to the claims and closed the
treaty. It was safe to say that, but for this specu-
lation in the sale of Louisiana^ not one dollar
would have been paid u; »on the claims to this
day. All our subseque.it negotiations with
France of a sir -lar character, and our present
relations with that country, growing out of pri-
vate claims, justify this position. What, then,
would have "^"en the value of claims, if such
fairly exist* "hich were not acknowledged
and provide' -r by the treaty of 1800, but were
left for lutui'e negotiation 'at a oonveuieut

"■■

500

TllIIlTV YKAIW' VIEW.

timi' ?' >V"iiM tlcy liavi- hrcn wort'i tlic flvt-
tiiilli<tii>< III' (IdlliirH you pmiiosc tn upprnprintc
l)y tliit* t.ill I Woiilil tlicy linvi' bi'tn worth
fiirtlit r tuf;:oti:iti<)n ? He thoiifrlit tlioy woulil
not,

'• Mr. \V. faid ho woiiM avnil himwlf of tliis
occasion, wliun fpt-akinn <jf (he trcnty of Louisi-
ana aurl of its connection with these claiinH, to
explain a niiHtnkc into which he had fallen, and
\vliich lie found fn)m convcrnHtion witli (^tverai
pi'iitlemcn, who had hccn for Honip years nicin-
liers of (Jonjrress, had ))een conimnn to them
null to hinisilf. The mistake to which ho al-
luded was, the s ijiposition that the claimants
nnder this hill put their case upon the assimip-
tion that their claims had constituted part of
tlie consideration for which Louisiana had hcen
ced(!d to tho United States ; and that the con-
sideration they contended tho povernment had
received, and upon which its liability rested,
was the cefsion of that territory for a less sum,
in money, tlian was considered to be its value,
on account of the release of tho French govern-
ment from those private claims. lie had rested
under this misapprehension imtil tho opening
of tho present debate, and until he commenced
an examination of the case. Ho then found that
it was an entire misapprehension ; that the Uni-
ted States had paid, in money, for Louisiana,
thirty millions of francs beyond the price which
Fiance had set upon it ; that tlic claimants un-
der this bill did not rest their claims at all up-
on this basis, and that the friends of tho bill in
the Senate did not pretend to derive tho liability
of the government from this source. Mr. W .
said he was induced to make this exjjlanation
in justice to himself and because there niipht
be some person within tho hearing of his voice
who might still be under the same misappre-
hension.

" He had now, Mr. W. said, attempted to
establish the following propositions, viz. :

" I. That a state of actual war, by which he
meant a state of actual hostilities and of force,
and an interruption of all diplomatic or friendly
intercourse between the United States and
France, had existed from the time of the pas-
sage of the acts of the 7th and 9th of July,
1798, before referred to, until the sending of the
negotiators, Ellsworth, Davie, and Murray, in
1800, to make a treaty which put an end to the
hostilities existing, upon the best terms that
could be obtained ; and that the treaty of the
30th of September, 1800, concluded by these
negotiators, was, in fact, and so far as private
claims were concerned, to be considered as a
treaty of peace, and to conclude all such claims,
not reserved by it, as finally ratified by the two
powers.

'' 2. That the treaty of amity and commerce,
and the treaty of alliance of 1778, as well as
the consular convention of 1788, were suspended
by the 2d article of tho treaty of 1800, and
from that time became mere matters for negotia-
tion between the parties at a convenient time ;

th.if, thirefore, tho desin* to pet riil nf n,,,
treaticH. and of any ' oneroun ohii^riitiiiin" ,,
tained in them, was onlv tlie dt sire to pit f,
of an obligation to nicotiuie at a ciinvirn,
time;' and that such a coiisideration nniM ,,.
have ill i 'I'd the Senate of the I'liiteil Siati, V
e.xpiinge that articUi from the tn-aty, if tliirn
that body had siippo.sed it was ini[M)-iii;; i,,,.
the country a liability to pay to it.i citizens t
sum of five millions of dollars — a Mini ni) i
larger than France had asked, in nmrK y, |',r ,
full discharge from tho 'onerous obli>rati„ii,
relied upon.

••;<. That tho treaty of IBW rescrvcl ^n
provided for certain portions of tho claims ; tiiit
payment, according to such reservatimm, mj,
made under tho trc&ty of 180.'!; and that it <
at least doubtful whether the payimiu thj.
made did not cover all the claims ever ailniiiti,|
or ever intended to Ixs jiaid by France; fn-
which reason the expunging of the .second arii-
cle of the treaty of 180(t, by the Senate nf il..
United States, in all probability, releaHij no-
thing which ever had, or which wius ever iikdv I
to have value.

" Mr. W. said, if ho had been successful in i
establishing either of these positions, there «.
an end of tho claims, and, by conseiineiia i
defeat of the bill.

"The advocates of the bill conceded lliattiv)|
positions must be established, on their ]iai t h \
sustain it, to wit •

" 1. That the cliims were valid claims ngainiil
Franco, and had never been paid. And

"2. That they were released by the povcra. I
ment of the United States for a full an! valu-l
ble consideration passing to its benefit by num! I
of the release.

"If, then, a .state of war hadTcxistcd, itwoifl
not bo contended that anj'' claims of thiscbl
racter, not reserved or provided for in thtl
treaty of peace, were valid claims after then-l
tification of such a treaty. His first pro[yi.>r
tion, therefore, if sustained, would defc.it ik\
bill, by establishing the fact that the claiiiKJif
not reserved in the treaty of 18U0, were m
valid claims.

"The second proposition, if sustained, wojij I
establish the fact that, inasmuch as the nk\
able consideration passing to the United Statal
was alleged to grow out of the ' onerous u
gations ' in the treaty of amity and ctnimcrtcl
the treaty of alliance, and the consular conwl
tion ; and inasmuch as these treaties, and ill
.obligations, past, present, or future, '0)icm|
or otherwise, growing out of them, were »|
pended and made inoperative by the mat
article of the treaty of the 30th of Septemtel
1800, until further negotiation, by the conHnl
consent of both powers, should revive tlioin,ili|
Senate of the United States could not have e
pected, when they expunged this article I
the treaty, that, by thus discharging the pm
ment from an obligation to negotiate 'atao
venient time,' they were incurring againsiinl

AN!fO 18r,«. ANDUKW JACKSON. rUFMDKNT.

001

siro to (r<'t r'nl "f tli-.,
inoroiii" ohli^'iitintH' r<,;
)iilv till' ilnire t.L'it r :
cirotiiiie "ut a ciinvini.;;

a coiii^iiU'ration rmiM i,.'
te 111' till' rnitiMi Si;itc. •
•oin the tnuty, if thir i
vt\ it wiiH impixiii^' u],,.
r to i>ay to its citizciiii v,

of dollars— a Mini in',,!
ifl nrtkeil, in niniii'V. I'nr i
;ho 'oiKTous obliiratiui,,

ity of ISnO ri'scrvwl atiii
lortions of the claiinH ; that
to Buch reservation!*, wi,
ty of 11S0:5 ; and that it \<
hether the payniint tbi,
11 the claims ever Hilmittci!.
1)0 paid by France; fo:
punRini; of the sironil am-
180lt, by the Senate (i( i!,e I
1 probability, roleaKil no-
a or which was ever likdy 1

if the bill conceded that tm |
stablished, on their jiaith

ims were valid claims w^mi\ I
vcr been paid. And I
i-ere released by the froven- 1
1 States for a full au'l valu-j
issing to its benefit by iiiiml

, of war hadTixistcd, itwon'll
hat any claims of this ct»l
•ed or provided for in tkl
;re valid claims after then- 1
k treaty. His first prrfis-l
sustained, would defeat \\tl
jT the fact that the claiiiK '
10 treaty of 18U0, were ;

©position, if sustained, woulll
that, inasmuch as the tiIJ
, passing to tho United Statol
ow out of the ' onerous otil>l
■eaty of amity and ctinmeiKl
nee, and the consuliir convwl
ich as these treaties, and iM
present, or future, 'oncMl
•wing out of them, were st'l
e inoperative by the Mcml
Ettv of the 30th of Septemtel
rr'negotiation, by the comral
lowers, should revive tlimfcl
ited States could not have a|
>y expunged this article ftal
by thus discharging the goTeiJ
ligation to negotiate' at »»F
hey were incurring agaimUl

i:,l.ilitv "f milKom; In other wordu, the di.'*-
hari."' "f '''*' g"vtTiiriii'nt I'ri.m an nbli^'atioii to
i.'otinte upon any h d>ji I't 'at a eiiivciiivnt
tiiii',' '■""''' "''^ ''"''■' been r<m>iili'n'd by the
Nimle of the I'liitod States a,-< a ^rnoij and valu-
jl.lf fi>ii:*iiU'ratioii for the payiiieiit of private
rl.'iiMin to tho amount of live iiiiHi'ins of dollars,
••'lilt? third pnipo-iition, if sustained, would
p.,n(' tliat idl ihecl iiiiHevera<'knowleiij.'ed,orever
'•itiinU'd |o hi' paid by France, were paid luider
lie tiv:iiy of lH(i;{, and that, therefore, an claims
mcr iiiliiiitted or reeo;:nized by France would
•artvlv he urged as valid claims against her,
I I viiliil claims remained ; and, conse(|uently,
the expunging of theseeoml article of the treaty
if ilie uillli of Sejitember, 1800, released nothing
uhich was valiil, and nothing remained to be
tiiid liy the United States as a liability incurred
liv iliat niodilication of that treaty. Hero Mr.
\\'. gaiil he would rest hii4 reasoning au to these
three proi)ositiona.

lint if the Senate should determine that he
had ken wrong in them all, and had failed to
iihtain either, lie had still another proposition,
wlicii he considered conclusive and unanswer-
li'.', as to any valuable consideration for the re-
I ii^e of thcsu claims having passed to the United
1 >tate^ hi consequence of their discharge from
1 till' 'onerous obligations' said to have been
iHiiitaincd in the former treaties. These 'one-
rous obligations,' and the only ones of which
JK' had heard any thing in the course of the de-
liiitc. or of which he had found any thing in the
i.jc'uuit'nts, arose under tho 17th article of the
I treaty of amity and commerce, and the 11th
(nrlicle of the treaty of alliance ; and, in relation
Itobotli, he laid down this broad proposition,
I which would he fully sustained by the treaties
Itiiemselves, and by every act ond every expres-
siun on the part of the American negotiators,
ind the government of tho United States, viz. :
•The obligations, liabilities, and rcsponsi-
llilities, imposed upon the government of the
llnited States and upon France by tho 17th
Article of the treaty of amity and commerce of
78, and by the 11th article of the treaty of
Alliance of 1778, where mutual, reciprocal, and
K|ual : each formed the consideration, and the
tnly consideration, for the other; and, therefore,
ny release which discharged both powers
^om those liabilities, responsibilities, and obli-
ptions, must have been mutual, reciprocal, and
qual ; and the release of either must have
fcrmcd a full and valuable consideration for the
Bleasc of the other.'
"Mr. W. said he would not trouble the Senate
; ajtain reading the articles from the respective
•ealies. They would be recollected, and no one
kould C'jntrovert the fact that, when the trea-
ts wire made, these articles were intended to
{|)ntain mutual, reciprocal, and equal obligations.
■ the lirst we gave to France the liberty of
lir ports for her armed vessels, privateers, and
es, and prohibited all other powers from the
Ijoyment of the same privilege ; aud France

gave to UK the lil»rly of lier |iorts for our AT\nv4
\esM'ls, privatiirs iii|.| pri/.i>. nml ^'iinnU'd Ibi-
j>ri»ilcu'e by tbi' oainr pruhibitiuii ii> otbir
powers ; ami by the sx'i.iid we giianint«»'i| in
Fiiiiiii'. for evi r. her po.».s.ii.)ii* in Aiiiciii-a,
and FruiKV guaraiilied to us, lor ever, 'our liU
triy, sovereignly, and iiHlr|Kndenef, nbsoluiu
and unlimited, as well in niatt'rs ofcnvirnnniil
as commerce.' Such wcr,. tli,. olilipuioiis in
their original inciptioii. Will it !».• lonlcnihd
that they weiv imt mutual, rccipi-ocnl, and c.|ual,
and that, in each instiiiicc, the one did not form
the onsideration for the other / Surely no ouo
will take this gi-ound.

'•If, then, Miid .Mr. W., the otdi'/ations im-
posed ujKm each goverinnent by thisc articbs
of the respective treaties were mutual, recipro-
cal, and equal, when undertaken, they must
have remained ei|ual until abrogated by war, or
changed by treaty stipulation. No treaty, sub-
sequent to those which contain the obligations,
had attected them in any manner whatever. If,
as he had attempted to show, war had existed
from .July, 1778, to 18o(>, that would not hav'
rendered the obligations unequal, but would
have abrogated them altogether. If. as the
friends of tho bill contend, there had been no
war, and the treaties were in full force tip to
the signing of the convention of the 30th of Sep-
tember, 1800, what was the etlect of that treaty,
as originally signed by the negotiators, upon
these mutual, reciproc.tl, and eqmd obligations ?
The second origiiMil article of that treaty will
an.swer. It did not attempt to disturb their
mutuality, reciprocity, or equality, but suspend-
ed them as they were, past, jireseiit, or future,
and made all the subject of future negotiation
'at a convenient time.'

"But, Mr. W. said, the Senate of the United
States expunged this article of the treaty of
1800, and refused to advise and consent to rati-
fy it as a part of the treaty ; and hence it was
contended the United States had discharged
themselv&s from the 'onerous obligations' of
these articles in the resjieetive treaties, and had,
by that act, incurred, to the claimants under
this bill, the heavy liability which it recognizes.
If the expunging of that article discharged the
United States from obligations thus onerous,
did it not discharge France from the fellow obli-
gations 7 Was not the discharge, made in that
manner, as mutual, reciprocal, and equal, as tho
obligations in their inception, and in all their
subsequent stages up to that act ? How, then,
could it be contended that the discharge of the
one was not a full and adequate consideration
for the discharge of the other ? Nothing upon
the face of the treaties authorized the introduc-
tion of this inequality at this step in the ofDcial
proceedings. Nothing in the record of the pro-
ceedings of the Senate, when acting upon the
article, indicates that they intended to pay five
millions of dollars to render this mutual ix>lease
equal between the two powers. The obligations
and responsibilities were rcser^'ed us subjects of

[■s

502

TIIIKTY YKAIW VIKW.

fifiin- iiofotiHtion, upon trrmn nf c>c|tinlity. nnil
till' Hirikiii); out of llint ichcrvatinii wit^ Imt ii
iiiiiiiiiti mill rccipriMMl iiiul iijiiitl rt'lcnMo IViitii
till' olili^Htimi f'ui'tlirr to iii-);iitmti-. 'I'IiIh unich
(■'V till' irri|>riM'ity ••!' tlii'-c iilill^'iitiniis us ili'iivcil
timii the U'lioii (if lliL' Hijvi'ii-i^ii jtowci's tlit'iii-
M'Im'M.

'■ WImtwft.s t<) lie loanifil from llv iictiim i>f
tlii'ir ii'ri|n'ctivi' iii'j.'i>|iiitiiiH / lie iljil not ilmilit
tint tliat iktti iii|itH liiul Im'I'ii iiiiuIc (III till' |iiirt
ui' Friiiicu U) cxhiliit an iiii'iiiiulily in the nlilifta-
tiiinx iiiidi-r till* ti'i'iity, uinl to M-t up that ino-
i|Uiiiity iiptinst tlii' I'luiiiis of our cilizc'im ; lint
liml our nc^dtiiiliii'Hi'M'railniiUi'd the int>i|iiality
to I'xist, (If t'Vir att»'iiiplt'<l to coiiipniniiHo the
i'i;jlilt< of tlic <-liiiiimiit.s iiiidfr tliin liill fur Htirli ii
('on.tidriiitioii / Ik- coiilil not iinil that tlicy
liiul. liu did mil lit'ur it coiitcndi'd tiiat thoy
hud: uuil, from ilic i-vidt'iifi' of thuir nets, rc-
iiiuiiiiii^ upon I'cciini, um u part of tlio tiiploinutiu
c'.)iTi'H)iiiudi'ii<'(' of the iK'i'iod, he could not 8U|i-
jiose thi'v hud ivcr cntiTtainod the idea. Jle
liad said that the Aint'i'ic-an ncpitiatoi'H had al-
ways tnated tlii'.-ie <)l>lij;ations ns mutual, rt'ci|)-
I'ocal, and i'i|ual ; and hu now pru]iosed to read
to the Senate a pai t of a letter from Messrs.
Ellsworth, Davie, and Aluirav. addresned to the
French iie^^otiators, and com luiiiK the project
of a treaty, to Justify his assertion. Tiie letter
WU6 dated 2()tli August, 18U0, anil it would he
recollceted that its authors were the negotia-
tors, on the part of the United States, of the
treaty of the .JUtli of September, IBUO. The ex-
tract is as follows :

'"1. Let it Ije declared that the former trea-
ties are ivnewed and conlirmed, and shall have
the samo ellect as if no misunderstanding be-
tween the two powers had intervened, except so
far as they aio derogated from by the present
tieaty.

"'2, It shall be optional with cither party
to pay to the other, within seven years, three
niiliions of francs, in money or securities which
may be issued lor indemnities, and thereby to
reduce the rig;hts of the other as to privateers
and prizes, to those of the most favored nation.
And during tho said term allowed for option,
the r^rlit of both parties shall bo limited by the
line lof the most favored nation.

'■ ■ 3. The mutual guaranty in the treaty of
alliance shall be so specitied and limited, that its
future obligation shall be, on the part of Franco,
when the United States shall bo attajked, to
furnish and deliver at her own ports military
stores to tho amount of ono million of francs ;
and, on tho part of tho Unitetl States, when the
French possessions in America, in any future
war, shall be attacked, to furnish and deliver at
their own jwrts a like amount in provisions.
It shall, moreover, be optional for either party
to exonerate itself wholly of its obligation, by
paying to tho other, within seven years, a gross
sum of fivo millions of francs, in money or such
securities as may be issued for indemnities.'

' Mr. AV. asked if he needed further proofs

that not only the Amrricnn pnvornmfnl |,iit n,
Anicrirnn iii'j:iitiulorn, treutcil tlie-e olilii/mi,,,,
under fill' tn'iity iiH, in all ri'NiM'cts, nnitMil. f,
cipriM-al. and eijiinl ; and if the I'ulliicy <'f tin. j..
(.Mirncnt that the (riitcd SlatcH li:ii| oliLiin,,! ,
itMclf a valiialile roiiMideration for the rein*. ,,f
these private rliiinis in the releiiHc of ii^i if ff,,,,
thcHo obligiitioiiH, \Mis not utterly and eiitin ,•
disproved by these facts / \\i\* not tlii> n'|(,.',.
of the (ihligntion.'4 on the one hiilc the ri'lcA^,.,,^
them on the other I And was not tlie (in,, r.
leano the nctvssnry consideration for the iit|;,,.(
How, then, could it be huiil, with any jimni-i.
that wo Bought our release at the ox]k n^e (,f n,
claimants 7 'I'here was no leiisonaMi' ):riiiii,.;
for such an allegation, either from the lut'-i,''
our government or of our negotiator.-i. Wf,,;,
the latter fixed a value uimn our obliguiions.,
to the privateers and prizes, and as to the ^i^r.
anty, in tho same article they fixed tin; sit,,
jirice, to a franc, upon the reciprocal <)l)lipiti,,|,.
of Franco ; and when the former discharni'ilni;
liability, by expunging the second articio of tj,,
ta-aty of 1800, tho same act dischargwl tliccr.
a-sponding liability of the French governimiu.

'• Here, then, Mr. W. said, must end all pn.
tence of a valuable consideration for these claiim
passing to tho United States from this lioiirn,
The onerous obligations were mutual, ic'c'i|ii'ijca[
and equal, and tlie resjiective releases woiemt.
tual, reci|)rocal, and equal, and sinmltannni.,
and nothing cotdd be fairly drawn from tlwan
which operated these mutual relea:ses tu U'luiii |
these claimants.

" Mr. \V . said he was, then, necessarily brniij:!.) I
back to tl) proposition with which he starud
in the commencement of his argument, tliat, if
the United States were liable to pny thw
claimants, that liability must- rest upim liir |
broad ground of a failure by the H'miiuh
after ordinary, and, in this inj,l nn', fcxtratr..
nary elforts to collect the monvy. thuideaifl
a release of tho claims for a valuHli'j consiikrv
tion jiassing to the government i.-ad hwo m-
jiloded, and, if a liability was tw. bo claiiiiwl oj [
account of a failure to collect the money, upi
what ground did it re!»t ? What hml the pwi
ernment done to protect tho rights of tluse I
claimants? It had negotiated from ITWwl
1798, with a vigilance and zeal and talent il- 1
most unprecedented in the history of di)iioiiii(T, I
It had sent to F'rance minister after luiiiL-itrf
and, upon several occasions, extraordinary mL»[
siuns composed of several individuals, lie- 1
twcen 171*8 and 1800, it had equipped tiitul
ilnd armies, expended millions in warlike \>»[
paration, and finally sent forth its citizeiiMti
battle and death, to force tho payment olilx I
claims. Were wc now to be told, that mI
failure in these efforts had created a liabiliitl
against us to pay the money ? That tue suul
citizens who had been taxed to pay the ai
pcnscs of these long negotiations, and uf 'liii|
war for the claims, were to be further taxed ul
pay such of the claims as we hud tailed to cvi[

ASN'O teas. ANIiRr.W JACK«0X. rRWII>KNT.

:)0n

tin trnvrrniiK'nt \,\\\ \\,

llltl<l tlll'«0 nl.li'^mi,,.,,

ill n'sl'<'<'t.-<, iniiluil. r
iftlif liilliK-y <l' till' V
SlaU'H liii'l "lii.iiiiKli
rutioii for lli«' nln* (,!
(In- r«'lfi>''<' "' il''iirfr ",
lot nttiily iiiiM ciitir, ,
( J Wiii not tlif nl :i',
L' ono hiiii' tlif nlm-i ,;
,1x1 wiw iK't till' mil r ■
,itlfViili'>n for ttic citlir '
I Hiiiti, with liny jii-nrv
nsi'Ul the oxiHiu-iM.f t|,,
,( III) u'liKoiuil'li' jmrni .
citliiT fvi'in tlie lut-i;
our m•^'^)ti:ll^'r.•'. Whc,
ts ujM)ii our (il)lipili(jnsis
)rizcn, and n« t« Ihu (innr-
k\i! tlioy tlxfd till! sill.
the rt'ciprociil ohlipitmi,,
the foiinerilisiliiu'iiidr.v
r the Ht'coiid articli' ul li,,;
ine net dist-harmtl the (i,r.
'the French novirmmm.
^. said, "uisl end nil in-
iHiderttlion for these ckiim
d States fii>n> this eoiir"'.
ns were mutual, vei'iinual,
spective releases weii' mi..
equal, and Hiinulliuiinui,
c fairly drawn from the a^i
mutual releases to Uikhi

IS, then, necessarily hi-niiplt
ion with which he stamd
^t of his argument, tliut.i!
were liable to piiy lliw
lility must- rest upwi li*
iailurc by tl'<^ u'Miimii
in this iuhl ii<*-. extm-.i-
it the niouvy. Thuuloaif
lus for II \«1""'''' consiilm
covevumen.. Had licin a-
lilitv was t/^ be claiiiiwl oi
to VoUect the nmiicy, ui>.i
■i.-t ? What had tlin«-|
.roloct the riphts of tk'S
il ueRotiated from 17M to
nee and zeal and talent »!•
in the history of diplomacy,
nee minister after miiiL-ttr.
)caisions, extraordinary ims-
' several individuals, lie-
800, it had equipped lli.«u
led millions in warlike \»'
y sent forth its citizens M
o force the payment uf iIk
' now to be told, that «
Ibrts had created a liubilii
he money 1 'i'biit tue m\

been taxed to pay the «•
.nc negotiations, and of -lul

were to be further ta.wlu

aims as we had lailcdtuo;

in"'
|.vi«,

. J 111' rould never conwnt to diuh a dedue*

,'„n from •""''' prfiniiM'H.
-But, Mr. I'n'xidtnt, sAid Mr. W., then* U
luTvirW of thii4 Hiibji.t, pliuvd ii|ii>ll tliid
wliicli niidiTS this bill of tiilliiic inqioi-
Tfi tho ronipari-ion. If the fiiluro to
^l|,rt llie^i' ''l»iins biH cr. arod ih" liability to
nirtln'i". tl'"t liabil'ty poii* to the extent of
Si'd.iinK proved, and tlm iiit •rest u|)on them, j
,„'„ l,,a piirtial, and lerhaps trillin;.', dividend.
Will), till n, would undertake lo say what i
iiiioiiiit iif ••hums minht not be proved duriiij;
ill,' ..tiite of thinjt-t he had descnbid, from the
l.niikiiia out of the war la'twccn France and
Kii'liiii'l in '"•''') to the execution of the treaty,
i,'i fftiio J For a jrreat portion of the piTiod,
liii" niiinii-ijial regulations of France reijuirtil
till' ciiptiired cargoes to 1h) not confiscated, but
mill fur at the market value at the nort to
Uirli the vessel was destined. Still tlio cap-
(iiie woiiM Ih) provcrl, the value of the c.»r;;o
n^ irtftino I, before the commission which the
hill priijioses to establish ; and who would
niiinie tlie proof that the same carj^o was paid
lor hv the French poverument 1

•This principle, howeviT, Mr. W. said, went

iniiili further than the whole subject of the old

Fnnch elainis. It extended to all claims for

|i)liations ujion our commerce, sinco the cxist-

iia. (if the irovernmont, which we liad failed to

olleet. \Vlio coidd say where the liability

iiiiJiUnil ? In how many cases had claims of

ills cliaracter been Betllcd by treaty, what had

en polhcled in each case, and what amount

iiiaiiieil unpaid, after the release of the foreign

, ivemnient ? He had made an unsuccessful

iffort to answer these inquiries, so far as the

I'l of the state department would furnisli the

forinatiiin, as ho had found that it could only

collected by an examination of each indivi-

lual claim ; and this would imjjose a labor upon

■ department of an unreasonable character,

id would occupy more time than remained to

rnish the information for his use ui)On the pre-

nt occasion. lie had, however, been favored

the Secretary of State with the amounts al-

iwcd by the commissioners, the amounts paid,

id the rate of pay upon the principal, in two

^nt ea>es, the Florida treaty, and the treaty

|ith Denmark. In tho former instance, the

Ivment \v;i.s ninety-one and two thirds per

ntuin u]ioii the principal, while in the latter it

|Ls but thirty-one in <1 ono eiphth per centum.

wime that these tw i cases are the maximum

minimum of all the cases where releases

been uiven for partial iiayments ; and

hij^^A the Sen .to to rctiect upon the

koiints unpaid which might be called from the

lional trea-sury, if the principle were once ad-

jtted that a failure to collect creates a liability

w^y- . . .

IThatinhis assumption that a liabdity of

sort must po to the whole amount of the

ns, ho only took the ground contended for

[the friends of this bill, he would trouble the

.*»cni»te with anotli. r ixfrnrt fronj the npoft of
.Mr. Livingston, frum whiih \w had Uforc rvad
In siN'akuig of the amoiint ulmli hliould U' up<
propriiilfd, .Mr. Living-ton su\i%;

'• ' The only reiniuning in.j.iiiy is the amount ;
aii'l on this point the <'i>nnulttie ImVi' had .-oni.i
ditllcnlty. Two modes of liua-nring tin- com-
IK'i. ation sng^'fstid them-cUis ;

■■ ■ 1. Tliu actual lusi Mi-tuimd by the |Kti-
tioncrs.

'• "J. Tb'- value of tlu' a'lvaiilaircs rrii ivid, u.4
the consiihriition, by tlie I'niud .states.

"•Tlielii>l is the one demanded l)y strict
jusiir-e; and is the oidy oim ihut Miliities llw
word used by the constitution, whieli rei|iiiies
jii't compensation, \shii'h cannot, be naid to Imve
been made when any thin;^ le-s thiiii tlie full
value is given. Hut there were ililliciiltie> which
appeared insurnioimlable, "to the aduptiou of
this rule at the present diiy, arisinj: from the
midtiplicity of the cliiims, the niitiiro of the de-
jiredations which occasioned them, the loss of
documents, cither by the lapse of time, or tha
wilful destruction of them by the dciirislutors
The committee, tlierefure, could not niidcrlake
to provide a specilic relief for each of the peti-
tioners. Hut they have reconnnended the insti-
tuthm of a board, to enter into the investigation,
and apportion a sinn which the connniltee have
recommended to bo approjniui.jd, pro ruia.
among the several claimants.'

•• ' The committee could not believe that tlio
amount of conipen>aliou to the sullerers should
lie caliuilated by the advantages secured to tlw
Tnited States, because it was not, according to
their ideas, the true measure. If the pro|»erty
of an individual bo taken for public use, and the
government miscalculate, and (hid that the ob-
ject to which they have applied it hits been
injurious rather than beneficial, the value of the
property is still duo to the owner, who ought
not to sull'er for the false speculations which
havo been made. A turnpike or canal nuiy be
ve'-y unproductive; but the owner of the land
wliich has been taken for its construction is not
the less entitled to its value. On the other
hand, ho can have no manner of right to more
than the value of his property, bo the object to
which it has been applietl ever so beneficial.'

"Hero, Mr. W. said, were two projwsed
grounds of estimating the extent of the liability
of the government to tho claimants ; and that,
which graduated it by tho value received by the
government was distinctly Rjected, while that
making the amount of the claims the mcasuru
of liability, was as distinctly asserted to bo tho
true and just standard. He hoiwd he had shown,
to the satisfaction of the Senate, that the former
rule of value received by the government would
allow the claimants notn ng at all, wLilo he was
compelled to say that, upon the broad principle
that a failure to collect creates a liability to pay,
ho could not controvert tho correctness of tho
conclusion that tho liability must be conunen-
suratc with the claim. He could coutrovurt, Uu

TIIIKTV YFARS- VIEW.

thotifrht, successfully, the principle, but he couM
not the measure of damafres wlien the prineiple
was eonreded. Ho would here conclude liis re-
marks u]><)n the points he had noticed, by the
eai'iir'st fleclaration that he believed the passiijie
ofthisliill would ojK-n more widely the doors
of tlu- i)ulr]ic treasury than any lej:islation of
whi<ii he had any knowle<l<;e, or to which Con-
gress had ever yielded its assent.

" Mr. W. said he had a few ol)ficrvation.s to
offer relative to the mode of legislation proposed,
and to the details of the Vjill. and he would trou-
ijle the .Senate no furtlier.

"His first objection, under this head, was to
the mode of legislation. If the government be
liable to pay these claims, the claimants arc
citizens of the country, and Congress is as ac-
cessible to them as to other claimants who have
demands against the treasury. Why were they
not permitted, individually, to apply to Congress
to establish their res[K.'clive claims, as other
claimants were bound to do, and to receive such
relief, in each case, as Congress, in its wisdom,
should see tit to grant ? Why were these claims,
more than others, grouped together, and at-
tempted to be made a matter of national impor-
tance ? Why was a commission to be established
to ascertain their validity, a duty in ordinary
cases discharged by Congress itself? ^Vcre the
Senate sure that much of the importance given
to these claims had not proceeded from this as-
sociation, and from the formidable amount thus
presented at one view ? Would any gentleman
be able to convince himself that, acting upon a
single claim in this immense mass, he should
have given it his favorable consideration ? For
his part, he considered the mode of legislation
imusual and objectionable. His principal ob-
jections to the details were, that the second
section of the bill prescribed the rules which
should govern the commission in deciding upon
the claims, among which 'the former treaties
between the United States and France ' were
enumerated ; and that the bill contained no de-
claration that the payments made under it were
in full of the claims, or that the respective claim-
ants sliould execute a release, as a condition of
receiving their dividendr.

" The first objection was predicated upon the
fact that the bill covered the whole period from
the making of the treaties of 1778, to that of
the 30th September, 1800, and made the former
treaties the rule of adjudication, when Congres!..
on the 7th July, 1708, by a deliberate legislative
act, declared those treaties void, and no longer
binding upon the United States or their citizens.
It is a fact abundantly proved by the documents,
that a large portion of the claims now to be paid,
arose within the period last alluded to; and that
treaties declared to be void should bo made the

law in determining what were ond what vc,
not illegal captures, duriifg the time that tU
were held to have no force, and when our ^itizi • .
wei-c authorized by law to go upon the liijr;;
regardless of their provisions, Mr. W. said, wir
seem to him to Ik? an absurdity which the 1^

t'li:i

would not legalize. He was fully aware ibi
the first section of the bill purported to prov;.',,
for ' valid claims to indemnity upon the Frwif
government, arising out of illegal captures, ik!
tentions, forcible seizures, illegal condenmatiiRi
and confiscations;' but it could not be ovcf!
looke<l that illegal captures, condemnations, jn,!
confiscations, nuist relate entirely to the las'
which was to govern the adjudication ; anj f
that law was a void treaty which the claircani.
were not bound to observe, and did not obscnt
was it not more than possible that a captun.
condemnation, or confiscation might, by cfjm
pulsion, be adjudged illegal under the rule tixe.1
by the bill, while that same capture, condcmna.
tion, or confiscation, was strictly legal under the
laws which governed the commerce of the claim.
ant when the capture was made ? He must suv
that it appeared clear to his mind that the nit
of adjudication upon the validity of claims of tin. i
description, should, in all cases, be the same ru],
which governed the commerce out of which tht
claims have arisen.

" His second objection, Mr. W. said, was iiia(!«
more as a wish that a record of the intentions
of the present Congress should be pre.^crveij
upon the face of the bill, than from any idea that
the provision suggested would afford the least
protection to the public treasury. Every daT.s
legislation showed the futility of the insertion
in an act of Congress of a declaration that ili« |
appropriation made should be in full of a claim;
and in this, as in other like cases, should tliL< I
bill pass, ho did not expect that it would be,
in practice, any thing more than an instalment I
upon the claims which would be sustained befoi? I
the commission. The files of the state dcpri- [
ment would contain the record evidence of tke I
balance, with the admission of the gOTernment. I
in the passage of this bill, that an equal liabilitj I
remained to pay that balance, whatever it mijd^^t I
be. Even a release from the respective clainiami I
he should consider as likely to have no otlierl
eflect than to change their futifro applications I
from a demand of legal right, which they doit |
assume to have, to one of equity and favor;
he was yet to see that the latter would .not Itl
as successful as the former. He must give biil
vote against the bill, whether modified in ilati
particular or not, and he should do soundertltl
most full and clear conviction, that it was aprt-F
position fraught with greater dangers to m
public treasury, than any law which had m\
yet received the assent of Congress."

ANNO 1835. ANDREW JACKSON. TRKSIDEXT.

505

uidity which tho

e was fully awnrc ths;
jill purporti'd to jirovi;,
lemnity »ipon the Frtnci
t of illegal captures, ik,
es, illegal condcnmatii.ni,
t it could not be over-
iires, condemnations, we.
late entirely to the U.v
the adjudication ; and f
;aty which the claimsm-
ervc, and did not obstnt,
1 possible that a captnrv
iscation mipht, by com-
legal under the rule tixbl
same capture, condemni-
■as strictly legal under tht
he commerce of the claiis-
was made ? lie m\ist fsy
to his mind that the ml*
he validity of claims of tli:

all cases, be the same ru'«
ommercc out of which tht j

ion, Mr. W. said, was mai
a record of the intcntiwii
jress should be presorvel
jill, than from any idea that
,cd would afford the least
lie treasury. Every day'j
16 futility of the insertioj
; of a declaration that the
hould be in full of a claim;
ler like cases, should thL«
expect that it would he,
^ more than an instalment
Ai would be sustained hefore
le files of the state depan-
the record evidence of the
nission of the governmeiii.
bill, that an equal liabilitt
balance, whatever it mijtt
om the respective claimami
IS likely to have no other I
e their futvfre applicatwl
gal right, which they noil
ne of equity and favor; anil
it the latter would .not be I
former. He must give his j
■whether modified in ilsil
d he should do so under the I
onviction, that it was a pn-l
th greater dangers to the I
1 any law which had ewl
;nt of Congress."

CHAPTER CXIX.

Irts''" ?i'Oi.iA'ri()XS-Mn. ■\vi;iistkus si-kicch.

• Xiir nuc;tion, sir, involved in this case, is es-

. ,ij,j.,llv a, jtiilieinl question. It is not a question

I.,!' public policy, but a question of private right ;

la , iieJtion between the government and the pe-

i;ti mors : and, as the government is to be judge

ij, its own ca.'^c, it would seem to be the duty

j,il its members to examine the subject with the

,io<t iicnii)ulo<is good faith, and the most soli-

itims desire to do justice.

•There is a propriety in commencing the ex-

minaiion of these claims in the Senate, because

it was the Senate which, by its amendment of

lictit'atvof 1800, and its subseqtient ratifica-

ioii of that treaty, and its recognition of the

liclaration of the French government, effectually

,:ea.<ed the claims as against France, and for

lurcut ofl'thc petitioners from all hopes of rc-

55 from that quarter. The claims, as claims

in.<t our own government, have their foundii-

n in tliese acts of the Senate itself; and it

IV certainly be expected that the Senate will

nVider the effects of its own proceedings, on

ivatc rights and private interests, with that

iilor and justice which belong to its high char-

jctor.

• It ouRlit not to be objected to these peti-

lonors, that their claim is old, or that they arc

bff reviving any thing which has heretofore

in abandoned. There has been no delay which

[not reasonably accounted for. Tlie treaty by

aich the claimants say their claims on France

r these captures and confiscations were released

1$ concluded in 1800. They immediately ap-

iedto Congress for indemnity, as will be seen

r the report made in 1802, in the House of

Ipresentativcs, by a committee of which a dis-

luished member from Virginia, not now living

it, Giles], was chairman.

"In 1807, on the petition of sundry merchants

1 others, citizens of Charleston, in South Ca-

^na, a committee of the House of Representa-

|es,of which Jlr. Marion, of that State, was

|irman, made a report, declaring that the

Bmittee was of opinion that the government

khc United States was bound to indemnify

j claimants. But at this time our affairs with

[European powers at war had become exceed-

Iv embarrassed ; our government had felt

Bf compelled to withdraw our commerce from

locciin; and it was not until after the con-

|ion of the war of 1812, and after the general

fication of Europe, that a suitable opportunity

bred of presenting the subject again to the

pus consideration of Congress. From that

I the petitioners have been constantly before

^nd the period has at length arrived proper

1 final decision of their case.

" Another objection, sir, has been urjri'd against
tbrsi'cliiims. well c.iloulute'l todiiniiii-b tlietlivor
with which they inij:bt otlicrwisc Ik- rea-iviti,
and whieb is without any substantial t'oiiiidation
in fact. It is, that a gn'at portion (<{' tbeui hii.s
been bought up, as a matter of s|i<'tMiliilion, un<l
it is now holden by these llU^(•ll:l^e^s. it h.i*
even la'cn said, I think, on the lloor of the Se-
nate, that nine tenths, or ninety Imiviredlhs, of
all the claims are owned by speculate u-s.

'• Such unfounded statements are not only
wholly unjust towards these iH'titioners them-
selves, but they do great mi.schief to other inter-
ests. I have observed that a French gentleman
of distinction, formerly a resident in this country,
is repr,'sented in the public newspapers asbaving
declined the otl'cr of a scat in the French ad-
ministration,, on the ground that he could not
support the American treaty ; ami he could not
support the treaty because he had learned, or
heard, while in America, that the claims were no
longer the property of the original sutlerers, but
had passed into unworthy hand.*. If any such
thing has been learned in the United States, it
has been learned from sources entirely incorrect.
The general fact is not so; and this prejudice,
thus operating on a great national interest— an
interest in regard to which we are in <langer of
being seriously embroiled with a foreign state-
was created, doubtless, bj' the siime incorrect
and uiifotuided assertions which have been made
relative to this other class of claims.

" In regard to both classes, and to all classes
of cliiinis of American citizens on foreign govern-
ments, the statement is at variance with the
facts. Those who make it have no jiroof of it.
On the contrary, incontrovertible evidence ex-
ists of the truth of the very reverse of this state-
ment. The claims against France, since 18uO,
ire now in the course of adjudication. They are

1, or verj- nearly all, presented to the proper
t. bunal. Proofs accompany them, and the
ruies of the tribunal require that, in each case,
the true ownership should be fully and exactly
set out, on oath; and be proved by the papers,
vouchers, and other evidence. Now, sir, if any
man is acquainted, or will make himself ac-
quainted, with the proceedings of this tribunal,
so far as to see who are the parties claiming
the indemnity, he will see the absolute and
enormous error of those who represent these
claims to bo owned, in great part, by specu-
lators.

■' The truth is, sir, that these claims, as well
those since 1800 as before, are owned and pos-
sessed by the original sufiereis, with such
changes only as happen in regard to all other
property. The original owner of ship and cargo
his representative, where such ovciier is dead
underwriters who have paid loss's on account
of captures and confiscations ; and creditors of
insolvents and bankrupts who were interested
in the claims — these are the descriptions of
persons who, in all these cases, own vastly the
larger portion of the claims. This is true of

50G

THIRTY YEARS' VIEW.

the claims on Spain, a.i is most manifest from
the jiroci'cilin'.'-t of tlm coinmisKionors under
the Spanish treaty. It is true of the claims
on FrancL' arisinf? Kinco 1800, as is equally
manifest hy the proceedinps of the commis-
sioners now silting; and it is equally true of
the claims which are tlie siihji'ct of this dis-
cussion, and i>rovided for in this bill. In some
instances claims have been assigned from one
to another, in the settlement of family allTairs.
Thi'y liave been transferred, in other instances,
to secure or to pay debts ; they have been
transferred, .'■oinecimes, in the settlement of in-
surance accounts ; and it is probable there arc
a few casus in which the necessities of the liold-
ers have compelled them to .sell them. But
nothing can be further from the truth than that
they have Ijeen the peneral subjects of purchase
and sale, aixl that they arc now holden mainly
by purchasers from the original owners. They
have been compai'cd to the unfunded debt. But
that consisted in scrip, of lixed amount, and
which passed from hand to hand by delivery.
These claims cannot so pass from hand to hand.
In each case, not only the value but the amount
is uncertain. \V'hether there be any claim, is
in each case a matter for investigation and
proof ; and so is the amount, when the justice of
the claim itself is established. These cii'cum-
stances are of themselves quite sufficient to pre-
vent the easy and frequent transfer of the claims
from hand to hand. They would lead us to
expect that to happen which actually has hap-
pened ; and that is, that the claims remain with
their original owners, and their legal heirs and
representatives, with such exceptions as I have
already mentioneil. As to the portion of the
claims now owned by underwriters, it can hardly
be necessary to say that they stand on the same
equity and justice as if possessed and presented
by the owners of ships and goods. There i
no more universal maxim of law and justic- ,
throughout the civilized and commercial wor.d,
than that an underwriter, who has paid a loss
on ships oi merchandise to the owner, is entitled
to whatever may be received from the property.
His right accrues by the very act of payment ;
and if the property, or its proceeds, be after-
wards recovered, in whole or in part, whether
the recovery be from the sea, from captors, or
from the justice of foreign states, such recovery
is for the beneiit of the underwriter. Any at-
tempt, therefore, to prejudice these claims, on
the ground that many of them belong to insur-
ance companies, or other underwriters, is at war
with the lirst principles of justice.

"A short, but accurate, general view of the
liistory and character of these claims is prc-
Kcnted in the report of the Secretary of State,
pn the 20th of xMay, 1820, in compliance with a
resolution of the Senate. Allow me, sir, to read
the paragraphs :

" ' The Secretary can hardly suppose it to
have been the intention of the resolution to re-
quire the expression of an argumentative opinion

as to the degree of rcsponsibdity to the Am
can Bulferers from French S|M)liations, whirl, ,^,
convention of IhUO extinguislied. on the t^^'> j
France, or devolved on the United States i;
Senate itself being most comjjctent to d,',,,
that question. Under this impression, he h.tM i
that be will have sufficiently conforin'id ti '■'
purpi'.-f'S of the Senate, by a brief stiitcnui*
prepared in a hurried moment, of wliat lie i"
derstands to be the question.

" ' The second article of the convention ,,
1800 was in the following words : " 'i'hc mH^
ters plenipotentiary of the two parties, not u|
ing able to agree, at present, respectiiij; \C
treaty of alliance of the 0th of February i;;<'
the treaty of amity and commerce of the sanu [
date, and tiie convention of the 14tli of XoTtj).!
her, 1788, nor upon the indemnities ramim]]-!
due or claimed, the parties will negotiate furtt^l
on these subjects, at a convenicui time ; ani I
until they may have avjrecd upon these point: J
the said treaties and convention shall have » I
operation, and the relations of the two coi&l
tries shall be regulated as follows." !

" ' When that convention was laid before tkl
Senate, it gave its consent and advice that J
should be ratified, provided that the sccondariJ
clc be expunged, and that the following artioJ
be added "r inserted : " It is agreed Uiat ilnl
present f o: , m shall l)e in force for the ttml
of eight ^ . ; irixn the time of the exchanperfl
the rati; ■': ■ <^ j" and it was accordin;rly sol
ratified Viy the President of the United i^tatRl
on the 18th day of February, 1801. On titl
31st of July of the same year, it was ratiwi
by Bonaparte, First Consul of the French P^l
public, who incorporated in the insti-uinent (J
his ratification the folloM'ing clause as parttJ
it : " The government of the United States, bl
ing added to its ratification that the conventidf
should be in force for the space of eight raj
and having omitted the second article, the r-itl
ernment of the French Republic consentn
accept, ratify, and confirm the above conventia
with the addition, importing that the conv»|
tion shall be in force for the space of eight yci
and with the retrenchment of the second i
cle: /'roi'Wef/, That, by this retrenchment,!
two states renounce the respective prctcmioj
which are the object of the said article,"

" ' The French ratification being thus coml
tional, was, nevertheless, exchanged against tbi
of the United States, at Paris, on the same 3
of July. The President of the United St»
considering it necessary again to suhmitt
'convention, in this state, to the Senate, (
19th day of December, 1801, it was resolrdlj
the Senate that they considered the said conre
tion as fully ratified, and returned it to theP
sident for the usual promulgation. Itwasi
cordingly promulgated, and thereafter rep
as a valid and binding compact. The two o
tracting parties thus agix»ed, by the retreid
ment of the second article, mutually to renoi
the respective pretensions which were the i

ANNO 18av AM>liK\V JACKSON. riil>lI)KNT.

r,()7

ipoiisibility to tlie Atno
jncli siniiiaticns. which ti
ctiufniisbed. on tin/ jian.'
on the l-'nitcd StatiM;.
nost coinpt'tent to dm .
r tliU iinpifssicm, he b,],,
Riciently conforimd t, t;<
lite, by a britf stiitcnui;;
1 moment, of whut Ik c,
nicstion.

icle of the convention </
)wing words : " 'I'lic mins
of the two parties, nut U
at present, respecting tl^'
the Gth of February, i;;<
and commerce of the sani{
ition of the 14th of Xontn.
I the indemnities mutuallT
lartics will negotiate furtU'r
ftt a convenior.i, time;aiil!
3 aijrced npon these point!
nd "convention shall havcnu
relations of the two coi&j
itcd as follows.'^
(ivention was laid before t!j
consent and advice that!
provided that the secondare
id that the followini; articlt
ted: "It is agreed llmtl*
shall l)e in force for the ttral
ti the time of the exchangee)
' and it was accordingly »
psident of the United Stats,
fof February, 1801. On tki
le same year, it was ratifs^
it Consul of the French P*
lorated in the instmraent (jl
^ following clause as part ((I
lent of the United States, harJ
itillcation that the conventioul
for the space of eight yeaii,!
•d the second article, the jitif
Jrench Republic consent!
confirm the above conver.tio
I importing that the com»|
rce for the space of eight ys
enchment of the secoiwl i
lat, by this retrenchment, tl
ice the respective pietcnr
ect of the said article."
ratification being thus c«
thcless, exchanged against ti
.tes, at Paris, on the samcSli
resident of the United Sttf
jcessary again to suhmif
is state, to the Senate, on-
mber, 1801, it was i-esoldl
ley considered the said cm
led, and returned it to the I
mal promulgation. It wis i
Igatcd, and thereafter rep
nding compact. The two i
thus agreed, by the retrem
nd article, mutually to renon
rctcnsions which were thei

,,[ of that article. The pretensions of the

i.j.eii Mates, to which allu8ion is tinis made,

nw iiMt >'f tlic spoliations under color of French

kiiihority. i" ctintravention of law and existing

f ,jgj,_ 'i'i,()?e of France spnmg from the treaty

fci a!;ir>'ici' of the <>th of February, 1778. the

L,vv(ifai"'ty "'"' commerce of the same date,

" jiif convention of the I4th of November,

,,. Whatever obligations or indemnities, from

^,.!o .sources, either party had a right to de-

nind.were respectively waived and abandoned ;

ml the consideration which induced one party

p notince his pretensions, wu? that of renun-

fliion hv the other party of his pretensions.

ihat was the value of the obligations and in-

Unitics. so rccijjrocally renounced, can only

< matter of speculation. The amount of the

bdeninities due to the citizens of the United

atis was very large ; and, oji the other hand,

obligation was great (to specify no other

rencli iiretensions), under which the United

ijitis were placed, in the eleventh article of the

Ifatv of alliance of the Cth of February, 1778,

r which they were bound for ever to guarantee

1 that time the then possessions of the

►own of France in America, as well as those

liich it might acquire by the future treaty of

iF.ce with Great Britain ; all these possessions

ym" been, it is believed, conquered at, or not

b; aftir, tl"^ excliauge of the ratifications of

J convention of September, 1800, by the arms

|t;reat Bi itain, from France.

•Tlie lit'ih article of the amendments to the

Bstiiiition iirovicles: "Nor shall p:nvato pro-

■ be taken for public use, witho"!. just com-

jisatiim." If the indemnities to which citi-

of the United States were entitled for

tneh sfioliations prior to the 30th of Septem-

, 18IKI. have been appropriated to absolve the

|ted States from the fulfilment of an obliga-

which they had contracted, or fi"om the

finent of indemnities which they were bound

make to France, the Senate is most compe-

t to determine how far such an appropriation

, public use of private property within the

lit of the constitution, and whether equitable

^iderations do not require some compensa-

I to be made to the claimants. The Senate

Iso best able to estimate the probability

jch existed of an ultimate recovery from

^cc of the amount due for those indemnities,

ley had not been renounced ; in making

ph estimate, it will, no doubt, give just weight

he painful consideration that repeated and

nt appeals have been, in vain, made to the

jicc of France for satisfaction of flagrant

ps committed upon property of other citi-

1 of the United States, subsequent to the

1 of the 30th of September, 180O.»

tieforc the interference of our government

[these claims, they conutituted just demands

\(t the povermient of France. They were

TOjruc expectations of pos.sible future in-

kity for injuries received, ti^ imcertain to

)garded as valuable, or be esteemed pro-

perty. They wore jnst demand-', lui-l. ns such,
they were projHTty. 'Hie toiiris i.l liuv took
notice of them as projxrty. 'Ilifv \v» rr cnpalda
of being devised, of biing 'iisliilnited amon<»
heirs and next of kin, and of luinir tnuisferriMi
and assigned, like other le<.'!il and in -t 'ielits. A
claim or denmnd for a ."-hip iinju.-tly s(i/eil and
confiscated is proi>erty, as cleaily as the ship
it.'ielf.^ It may not be so valnatilo. or so wrtain ;
but it is as clear a right, and has been iniifonnly
so regarded l)y the courts of law. The pajiers
show that American citizens had claims ajrainst
the French government for six hundred and fif-
teen vessels unlawfully seized and coniiscateil.
If this were so, it is diflicult to see how the gov-
ernment of the United States can relea.<e these
claims for its own benefit, with any more pro-
priety than it could have applied the money to
its own use, if the French government had been
ready to make compensation, in money, fur the
property thus jllegally seized and confiscated ;
or how the government could appropriate to it-
belf the just claims which the owners of these
six hundred and fifteen vessels held against tb.e
wrong-doers, with</ut making comjiensation, any
more than it could appropriate to itself, without
making compensation, six hundred and lifteen
ships which h:' ' not been seized. 1 do not mean
to say that tlu e of compensation should be
the same in bo, i.ses ; 1 do not mean to say
that a claim for ; ip is of as niucli value as a
ship; but I mean say that both t'e one and
the other are property, and that government
cannot, with justice, deprive a man of either, for
its own benefit, without making a fair compen-
sation.

"It will be perceived at once, sir, that these
claims do not rest on the ground of any neglect
or omission, on the part of the government of
the United States, in demanding satisfaction trom
Franco. That is not the ground. The govern-
ment of the United States, in that respect, per-
formed its full duty. It remonstrated against
these illegal seizureo ; it insisted on redress ; it
sent two special 'Tiissions to France, charged ex-
pressly, among other duties, with the duty of
demanding indemnity. But Francs had her sub-
jects of complaint, also, against the government
of the United States, which she pressed with
equal earnestness and confidence, and which she
would neither postpone nor relinquish, except
on the t ndition that the United States would
postpone or itlinquish these claims. And to
meet this condition, and to restore hanuony be-
tween the two nations, the United States did
agree, first to postpone, and afterwards to relin-
quish, these claims of its own citizens. In other
words, the government of the United States
bought off the claims of France against itself,
by discharging claims of our own citizens against
Franco.

" This, sir, is the ground on which the.iO citi-
zens think they have a claim for reasonable in-
dcnmity against their own government. And
uow. sir, Ix'lbre proceeding to the disputed

508

THIRTY YEARS' VIEW.

part of the case, permit mc to state what is ad-
mitted.

"Ill tlio first plaro, then, it is universally ad-
mitted llmt tiieso jii'titioners once had just
claims nfrainst tlic poverninent of France, on ac-
count of tiiesc illegal captures and condemna-
tions.

"In the next place, it is admitted that these
claims no loii(,er exist against France; that they
}iave, in some way, been extinfruished or re-
leased, as to her ; and that she L for ever dis-
charf^ed from all duty of paying or satisfying
them, in whole or in part.

" These two points being admitted, it is then
necessary, in order to supprit the present bill,
to maintain four propositions :

" 1. That these claims subsisted against France
up to the time of the treaty of September, 181)0,
between France and the Uniied States.

" 2. 'J'lmt they were released, surrendered, oi
extinguished by that treaty, its amendment in
the Senate, and the manner of its linal ratifica-
tion.

'• 3. That they were thus released, surrender-
ed, or extinguished, for political and national
considerations, for objects and purposes deemed
ijiportant to the United States, but in which
these claimants had no more interest than any
other citizens.

"4. That the amount or measure of indem-
';ity proposed by this bill is no more than a fair
and reasonable compensation, so far as we can
judge by what has been done in similar cases.

"1. Were those subsisting claims against
Franco up to the time of the treaty ? It is a
conclusive answer to this question, to say that
the government of the United States insisted
that they did exist, up to the time of the treaty,
and demanded indemnity nr them, and that the
French government fully admitted their exist-
ence, and acknowledged its obligation to make
sucii indemnity.

"The negotiation, which terminated in the
treaty, was opened by a direct proposition for
indemnity, made by our ministers, the justice
aud propriety of which was immediately acceded
to by the ministers of France.

" On the 7th of April, 1800, in their first let-
ter to the ministers of France, Messrs. Ells-
worth, Davie, and Murray, say :

'• ' Citizen ministers ; — The undersigned, ap-
preciating the value of time, and "/ishing by
frankness to evince their sincerity, enter directly
upon the great object of their mission — aa ob-
ject which they believe may be best obtained
by avoiding to retrace minutely the too well-
known and too painful incidents which have
rendered a negotiation necessary.

" ' To satisfy the demands of justice, and ren-
der a reconciliation cordial and permanent, they
propose an arrangement, such as shall be com-
patible with national honor and existing circum-
stances, to ascertain and discharge the equitable
rlaims of the citizens of either nation upon the
9tber, whether founded on contract, treaty, or

F'ft.l

the law of nations. The way being thus
pared, the undersigned will U' at liUrty to-t!^
late for that reciprocity and freedom (,{ J'
mercial intercourse between the two cftiint*
which must essentially contribute to their n"
tual advantage. '

" 'Should this general view of the suhicc;,
approved by the ministers plenipotentiary •*
whom it is addressed, the details, it is pn.itiiiJ'
may be easily adjusted, and that conlidonc,!^
stored which ought never to Imvc btin shakt-

"To this letter the French ministers in.i.'
diately returned the following answer: *"'

" ' The ministers plr.iipotentiary of the Ywa
Republic have read attentively the projvjsji,,
f'.r a fdan of negotiation whioh was wjminij'
catcd to them by the envoys extriiordinarv J
ministers plenipoti;ntiary of the United j^taJ
of America.

" 'They think that the first object of tU
totiation ought to be the determination of li
regulations, and the steps to be followed f
the estimation and indemnification of inju]"
for which either nation may make claim for
self, or for any of its citizens. And that
second object is to assure the execution of t.
ties of friendship and commerce made b(t\r«
the two nations, and the accomplishment of t'
views of reciprocal advantages which sucHii
them.' ^

"It is certain, therefore, that the negotiaii
commenced in the recognition, by both parti
of the existence of individual claims, and of ij
justice of making satisfaction for them ; and
is equally clear that, throughout the whole
gotiation, neither party suggested that t
claims had already been either satisfied or
tinguished; and it is indisputable that tlictrf.
itself, in tlie second article, expressly admiti
their existence, and solcmly recognized tiie lii
of providing ^t r them at some futiiru jieriud

" It will be observed, sir, that the French
gotiators, in their first letter, while they ad
the justice of providing indemnity for indirii
claims, bring forward, also, claims arising nt
treaties ; taking care, thus early, to advance
pretensions of France on account of alleged'
lations by the United States of the treaticj
1778. On that part of the case, I shal
something herf^after ; but I use this first
of the French ministers at present only to a
that, from the first, the French governnienl
mitted its obligation to indemnify indiv
who had suffered wrongs and injuries.

"The honorable member from New-Yoik
Wright] contends, sir, that, at the time of
eluding the treaty, these claims had ee«ii
exist. He says that a war had take ,la«
tween the United State." and France, and bj
war the claims had become extinguished, li
fer from the honorable member, both as to
fact of war, and as to the consequences to \t
duced from it, in tliis case, even i' public
had existed. If we admit, for argument a
that war had existed, yet we find that, ra

ANNO ls:f,V ANDUEW JACKSON, rrUi^IDKNT.

r>09

The way beinp tJms f^l
1 will U- at liUrty to <\.^,\
jcity and freedom ()f („„ I
between tlie two ooiir.tml
lly contribute to thiirn.i.1

cral view of tlio Milijict,.
inisters pleniiK)tfntian- ;J
1, the details, it is iir«u"iK^|
ed, and that conlidcnct »
never to Irnvc httn shakn,
he French ministers in.n^l

followinp answer : I
ilr.iipotentiary of the Fantl

attentively the iirop<,.iit,.J
iation which was coniim)rj.|
ic envoys extniordinary nil
ntiary of tho United Su,()|

lat the first object of tU ^t,
be the determination cf ik
lie Bteps to be follo\v«iy
I indemnification of injuni
tion may make claim lor it|
' its citizens. And thai t'
assure the execution of ts.
ind commerce made bctmt
lid the accomplishment of tij
1 advantages which .suggesu

herefore, that the negoiiaii
1 recognition, by both pani
individual claims, and of li
satisfaction for them ; arii
ut, throughout the wliolei
party suggested that tl
y been either satisfied or
t is indisputable that thctr
nd article, expressly admi..
id Bolemly recognized tlieii
lera at some future periud,
erved, sir, that the French;
first letter, while tlieyal
iriding indemnity for \\Mk
rard, also, claims arising la'
;are, thus early, to advaDcei
mce on account of alleged i
lited States of the treaties!
part of the case, I slial'
ter ; but I use this first
nisters at present only toil
■st, tho French governmenti
ation to indemnify individi
wrongs and injuries.
le member from New-York|
8, sir, that, at the time of i
ty. these claims had cea!«ii|
that a war had tak<' >!■
I State? and France, and bvl
lad become extiniiuislied, li
lorable member, both as tei
as to the consequences to Mi
x^ tlijs case, even i' pubki
we admit, for arguments
istcd, yet wc find that, oil

I .ignition ofnniity, l»th parties whnit the jus- ,
IT . of tlii'>*' claims and their continued exist-
,e gnd the party against which they are prc-
r r^Ml arkiiowledpes her obligation, and cxpri'^«- ,
" h.r willinv'news to pay them, "he mere fact
Ifivarcnn never extinguish any claim. If, in-
1 rlftiiii'i for indemnity be the |)rofe88ed |
,' ,,„,! „f n war, and juace Ixj afa-rwards con- ;
ii.ltd witliout obtaining any acknowledgment
■| tho rif-'ht. such a peace may be construed
t U a alimiuifhment of the right, on the ground
lilt the question has been put to the arbitration
(lie s\\ oni. and decided. But, if a war be
Laiid to enfiirce a disputed claim, and it be car-
\a on till the adverse party admit the claim,
1 jjjive to provide for its payment, it would
, itiOT'K'. indeed, to hold that the claim itself
|a< cxtuiguished by the ery war which had
Bmiiclled its express recognition. Now, what-
iver we call that state of things which existed
LtHcen the I'nited States and France from 17'J8
iliS'iO it is evident that neither party contend-
I nr supposed that it had been such a state of
liinis as had extinguished individual claims for
jjiiiinitv for illegal seizures and confiscations.
I" The honorable member, sir, to sustain his
hir', must prove that the Unitwl States went
[war to vindicate these claims ; that they waged
jit war unsuccessfully ; and that thoy were
leriforc glad to make peace, without obtaining
Ivmcnt of the claims, or any admission of their
ttire. I am happy, sir, to say that, in my
\m\\. facts do not authorize any such record
jbe made up against the United States. I think
lis clear, sir, that whatever misunderstanding
lifted between the United States and France,
did not amount, at any time, to open and pub-
I war. It is certain that the amicable relations
Ithe two countries were much disturbed ; it is
rtain that the United States authorized armed
distance to French captures, and the captures
French vessels of war found hovering on our
(St ; but it is certain, also, not only that there
no declaration of war, on either side, but
It the United States, under all their provoca-
Is. did never authorize genera' reprisals on
Inch commerce. At the very moment when
|frentlcm"'< says war raged between the Uni-
I States ana /lance, French citizens came into
I courts, in their own names, claimed restitu-
i for property seized by American cruisers,
lohtained decrees of restitution. They claimed
litizens of France and obtained restoration,
piir courts, as citizens of France. It must
! been a singular war, sir, in which such pro-
lines could take place. Upon a fair view of
Iwliole matter, Mr. President, it will be found,
link, that every thing done by the United
Bs was defensive. No part of it was ever
liatory. The United States Jo not take jus-
nto their own hands.

The strongest measure, perhaps, adopted by

■CSS, was the act of May 28, 1798. The

|rable member from New- York has referred

act, and chiefiy relies upon it, to prove

the existence, or the oommentt-mcnt. of actual
war. IJut docs it prove eitlur the tuic or the
other ?

"It is not an act declaring war; it is not an
act authorizing rejjrisals ; it is not an net
which, in any way, acknowle<lges the actual ex-
istence of war. Its whole iinplicatioii and im-
port is the other way. Its title is, 'An net more
etfectually to protect the commercu and coasts
of the United States.'

''This is its prcambl*:

'"Whereas armed vessels, sailing under au-
thority, or pretence of authority, from the Ue-
public of France, have committed depredations
on the commerce of the I'nited States, and have
recently captured the vessels and property of
citizens thereof, on and near the coasts, in viola-
tion of tho law of nations, and treaties between
the United States and the French nation : there-
fore ' —

" And then follows its only section, in these
words :

"'Skc, 1. Be it enacted, fr., That it shall
be lawful for the President of the United States,
and he is hereby authorized, to instruct and di-
rect the commanders of the armed vessels belong-
ing to the United States, to seize, take, and bring
into any port of the United States, to be pro-
ceeded against according to the laws of nations,
any such armed vessel which shall have com-
mitted, or which .shall be found hovering on the
coasts of the United States for t'^c purpose of
committing, depredations on the vessels belong-
ing to citizens thereof; and also retake any ship
or vessel, of any citizen or citizens of the Uni-
ted States, which may have been captured by any
such armed vessel.'

" This act, it is true, authorized the use of
force, under certain circunistar oes, and for cer-
tain objects, against French vessels. But there
may be acts of authorized force, there may be
assults, there may be battles, there may be cap-
tures of ships and imprisonment of persons, and
yet no general war. Cases of this kind may
occur under that practice of retortion which is
justified, when adopted for just cause, by the
laws and usages of nations, and which all th»
writers distinguish from general war.

" The first provision in this law is purely pre-
ventive and defensive; and the other hardly
goes beyond it. Armed vessels hovering on our
coast, and capturing our vessels, under authority,
or pretence of authority, from a foreign state,
might be captured and brought in, and vessels
already seized by them retaken. The act is
limited to armed vessels ; but why was this, if
general war existed? Why was not the naval
power of the country let loose at once, if th-^re
were war, against the commerce of the enemy 1
The cruLsers of France were pre3ing on our com-
merce ; if there was war, why were we restrain-
ed from general reprisals on Ler comi .ercc ?
This restaining of the operation of our naval
marine to armed vessels of France, and to such
of them only as shi>uld bo found hovering on our

THIRTY YEARS' VIEW.

fdfist. for tfic ptirpoBc of committinfrdopredaf ions
on our romtiMTce, instcail of provin),^ a state of
\v:u; provoH, I think, irrosistihly, that a state of
(rt'ncral war <li(l not exist. But even if this net
of Coiifrress left the matter douJitful, other acts
j)aj<Kod at and near tlie same time demonstrate
the understanding of Conf!;re88 to liave been, that
nlthoiifrh the relations between tne two countries
were greatly disturbed, yet that war did not
exJKt. On the Banie day (May 28, 17y8) in
wliieh this act pa.s8cd, on which the member
Trom New-York lays 80 much stress, as proving
the nctual existence of war with France, Con-
gress passed another act. entitled 'An act author-
izing the President of the United States to
raise a provisional army;' and the first section
declared that the President should be autho-
rized, Mn the event of a declaration of war
against the United States, or of actual invasion
of their territory by a foreign power, or of
imminent danger of such invasion, to cause to be
enlisted,' &c., ten thousand men.

" On the ICth of July following, Congress
passed the law for augmenting the army, .,he
second section of which authorized the ^Vesident
to raise twelve additional regiments of infiintry,
and six troops of light dragoons, ' to be enlisted
for and during the continuance of the existing
dilferencos between the United States and the
French Kepublic, unless sooner discharged,' &c.

" The following spring, by the act of the 2d
of March, 1799, entitled ' An act giving eventual
authority to the President of the United States
to augn 3nt the army,' Congress provided that
it should be lawful for the President of the
United Slates, in case war should break out be-
tween the United States and a foreign European
power, Ac, to raise twenty-four regiments of in-
fantry, &c. And in the act for better organizing
the army, passed the next day. Congress repeats
the declaration, contained in a former act, that
certain provisions shall not take effect unless
war shall break out between the United States
and .some European prince, potentate, or state.

" On the 20th of February, 1800, an act was
passed to suspend the act for augmenting the
army ; and this last act declared that further
enlistments should be suspended until the fur-
ther order of Congress, unless in the recess of
Congress, and during the continuance of the
existing differences between the United States
and the French Republic, war should break out
between the United States and the French Ke-
public, or imminent danger of nn invasion of
their territory by the said Republic should be
discovered.

"On the 14th of May, 1800, four months before
the conclusion of the treaty, Congress passed an
act authorizing the suspension of military ap-
pointments, and the discharge of troops under
the provisions of the previous laws. No com-
mentary is necessary, sir, on the texts of these
statutes, to show that Congress never recognized
the existence of war between the United States
and France, They apprehended war might

break out; and they made suitable prorio
for that exigency, should it ooctir; \^^^ "
quite impossible to reconcile the cx|iri.i«s,„j 'I
often rejieatid declarations of these ptaiii''
commencing in 17t>8, riuniing throiifrh 17</i !],
ending in 181)0, with the actual existtnrc i.f ,
l)etwecn the two countries at any piii.K) «i,i
those years. ^^

''The honorable member's seconfl jirjnri,,
source of argimient. to make out the fact fj
state of war, is the several non-intercourwwj
And here again it seems to me an exartlvn-Jj
site inference is the tnie one. In 17:i,s ]-Ja
and 1800, acts of Congress were passed piist«J
ing the comme'^cial intercourse bofwccn i!»
United States, Ciich for one year. Did ant"
emment ever pasfi a law of temporary n'oL
tercourso with a public enemy f 8iich a
would bo little less than an absurdity. \\\j.
self efftKJtually creates non-intercourse. Jt »>
ders all trade with the enemy illepii, andiJ
course, subjects all vessels found soenfrawd n
their cargoes, to capture and conflemnation
enemy's property. The first of tiiose lal
was passed June 13, 1798, the last, Ftbruarvil
1800. Will the honorable member from \el
York tell us when the war commenced ? Vl»
did it break out? When did those 'diirmix,
of which the acts of Congress speak, assumil
character of general hostility? AVas thcnl
state of war on the 13th of June, 1798. (rk,
Congress passed the first non-intercourse i
and did Congress, in a state of public -.var. I,
non-intercourse with the enemy to oiievei
Or was there a state of peace in Juno, i;;J
and, if so, I ask again, at what time after lif
period, and before September, 1800, did thei
break out? Difficulties of no small majnit]
surround the gentleman, I think, whatever com
he takeij through these statutes, while ki
tempts to prove from them a state of war,
truth is, they prove, incontestably, a statej
peace ; a state of endandgered, disturbed, agiijn
peace; but still a state of peace. Findinptt
selves in a state of great niisunderstandin!:«
contention with France, and seeing our cohid
a daily prey to the rapacity of her cruiser?, ij
United States preferred non-intercourse to i
This is the ground of the non-intercourse «
Apprehending, nevertheless, that war
break out. Congress made prudent provisionlj
it by augmenting the miUtary force o,''theo
try. This is the grou"d of the laws form
a provisional army. The entire provisionsrfj
these laws necessarily suppose an existing s^
of peace ; but they imply also an apprehd
that war might commence. For a state of x
war they were all unsuited ; and sorie of il
would have been, in such a state, preiwslffl
and absurd. To a state of present ;
but disturbed, interrupted, and likely to ten
nate in open hostilities, they were all perfd
well adapted. And as many of thei^e anil
express terms, speak of war as not actiialljf
isting, but as likely or liable to break oiit,ii|

ANNO ipns. AXDRKW JACKSON, I'llIMDKNT.

511

<f mtAc fliiitalilc pmriiy^l
hould it occur ; hut ,. ,1
rconcilc the ex)iri'«s vnfiv\
iratioiis of thcso ptaij-f
, rmminp throiif.'h 17|i',< y
the actiiul I'xistvnci' (,f »^
iiitrieB at any \K-\\(y\ wiijj

member's Bccond jiritxif,
to make out the l,\ct f
several non-intercouri>« jft,
■ems to me an exactly n*i»,
le tnic one. In \'M, \-:t,\
mgrefis were paKsed m^txf,
lI intercourse liotwoen i'
for one year. Did any
a law of temporary n'oMs
public enemy 1 Such a fe
than an absurdity. Vit
,tes non-intercourso. It n
;h the enemy illepil.anil
vessels found soenpiH.
apture and condemnation
. The first of tlii'se k
.3, 1798, the last, FcbruarrJ
lonorable member fiomNi
the war commenced ? W
When did those 'ditfcrci,.
1 of Congress speak, assiim
eral hostility 1 Was then
the 13th of June, 1798. v'
the first non-intLTCOurse.
1 in a state of public war. li
vith the enemy to one yt.
tate of peace in Juno, IK*
igain, at what time after ih
J September, 1800, did the
iculties of no small mam
leman, I think, whatever co
I these statutes, while he
rom them a state of war. '.
povo, incontcstably, a state
>ndandgered, disturbed, ajit
state of pence. Findinpt.
of great nnsunderstandins:
France, and seeing our conin
je rapacity of her cniiHrs.
eferred non-intercourse to
nd of the non-intercourse
levertheless, that war
•ess made prudent provisioal
r the military force o' the
'ground of the laws for™
liy. The entire provieioniicf
sarily suppose an existing ai
iiey imply also an apprchp*
commence. For a state of
.Uunsuitcd; and some of
n, in such a state, preposti
To a state of present i
iterrupted, and likely tot.
stilities, they were all pert
And as many of these affil
ipeak of war as not actualkl
kcly or liable to break out,il

'Wir l/cvond all reawniible question, that Con-

. ,.J ni vir. at any time, re;:anlc'd the state of

" „pj txi«tiiiK latween the United States and

I .j,„v ii.i lieinj? a state of war.

■ \. little did the ext'Ciitive povcniment so

»ipl it, a.-; must be apparent from the instruc-

I "ni cive'ii to our ministers, when the nii.>siun

u* *<'i)t to France. Those instructions, having

niiirred to the ntnnerous acts of wrong commit-

L] yp the commerce of the Unit«?d States, and

ilhe nfiisal of indemnity by the government of

} nnco, proceed to say : ' This conduct of the

p.,,,1, lte|)ublic would well have justified an

iiimLiliate declaration of war on the part of the

iiiled States; but, desiious of maintaining

i-e. and still willing to leave open the door

tf r^condliation with Franw, the United States

ontentod themselves with preparations for de-

leiice, and measures calculated to protect their

lomnicrcc'

It is cq'i.iUy clear, on the other hand, that

j(iiher the French government nor the French

Liistens acted on the supposition that war nad

Listed between the two nations. And it was

lir this reason that they held the trcatiei of 1778

(ill binding. Within a month or two of the

nature of the treaty, the ministers plonipo-

fntiary of the French Republic write thus to

lessrs. Ellsworth, Davie, and Murray : ' In the

tt place, they will insist upon the principle

■\(ly laid down in their former note, viz. :

the treaties which united France and the

Inited States are not broken; that even war

jild not have broken them ; but that the state

Jmisundcrstanding which ( ''isted for some time

Itwcen France and the United States, by the

J of some agents rather than by *he will of

t respective g )vernmentB, has no^ n a state

fwar, at least on the side of Fran>.

r Finally, sir, the treaty itself, what is it?

lis not called a treaty of peace ; it docs not

Vide for putting an end to hostilities. It says

t one word of any preceding war ; but it does

that 'differences' have arisen between the

states, and that they have, therefore, re-

ttivelj', appointed their plenipotentiaries, and

m them full powers to trent upon those 'dif-

iences,' and to terminate the same.

f But the second article of the treaty, as nego-

and agreed on by the ministers of both

«rnments, is, of itoelf, a complete refutation

|lhe whole argument which is urged against

! bill, on the ground that the claims had been

kng:uisheJ by war, since that article distinctly

1 expressly acknowledges the existence of the

, and contains a solemn pledge that the

governments, not being able to agree on

> at present, will negotiate further on them,

onvenient time thereafter. Whether we

^, then, to the decisions of the American

■ts, to the acts of Congress, to the instruc-

of tho American executive government,

he language of our ministers, to tho dcclara-

! of the French government and the French

isters, or to the unequivocal language of the

! tri'aty itself, xn oricinnlly Bzrrrfl to, wp mocf,
: irresi.stiMi' proof <,f liic tniih i.f tlu- dj'clara-
I tion, that the Ptatc of nii.-iindii-.- landing' which
I had cxi,«te(l U'twtrn tlu- tw.i couiitriv.-i wn.s
' not war.

I " If the treaty had remainol a.t the ministers

i on both sides nurri'rd upon it, the claininnts,

I though their indinmity wn.s iiostixiiicd, would

j have had no just claim on tlKir<«vii ^rovoinintiit.

I But tlic treaty did not remain in this jstate. Thi.s

I second article wn.'f stricken out by tli«' Stiiate;

I and, in order to sn the obvious motive of the

Senate in thus striking nut the Fccond article,

allow me to r.-ad the whole article. It is in

these words :

'"The ministers plenipotentiary of the two
parties n()t being able to ngree, at present, re-
specting the treaty of alliance of the Gtli of
February, 1778, the treaty of amity and com-
merce of the same date, and the convention of
tho 14th of November, 1788, nor upon the in-
demnities mutually duo or claimed, the parties
will negotiate further on these subjects at a
convenient time ; and until they may have
agreed upon these points, the said treaties and
convention shall have no operation, and the re-
lations of the two countries shall bo regulated
as follows.'

" The article thus stipulating to make the
claims of France, under tho old treaties, matter
of further negotiation, in order to get rid of
such negotiation, and tho whole siibject, the
Sentite struck out the entire article, and ratified
the treaty in this corrected form. France "-atified
tho treaty, as thus amended, with the further
declaration that, by thus retrenching the second
article, the two nations renounce the respective
pretensions which were the object of the article.
In this declaration of the French government,
the Senate afterwards acquiesced ; so that the
government of Franco, by this retrenchment,
agreed to renoimce her claims under the treaties
of 1778, and tho United States, in like manner,
renounced the claims of their citizens for in-
demnities due to them.

" And this proves, sir, the second proposition
which I stated at the commencement of ray re-
marks, viz. : that these claims were released, re-
linquished, or extinguished, by the amendment
of the treaty, and its ratification as amended.
It is only necessary to add, on thi« point, that
these claims for captures before 18iJ() woild have
been good claims under tho late treaty with
France, and would have come in for a dividend
in the fund provided by that treaty, if they had
not been released by tho treaty of 1800. And
they are now excluded from all participation
in the benefit of the late treaty, because of such
release or extinguishment by that of 1800.

"In the third place, sir, it is to bo proved, if it
be not proved already, that these claims were
sun-endered, or released by the government of
the United States, on national consitieiations,
and for objects in which these claimanl.'S had no
more interest than any other citizens.

51:

nninv w.auh' vikw.

, sir. I <1() not feci r;illc(l im to ninke out
il:iiiii> uihI ('<iiii|ilaiiits of Fraiico niruiiist

" Xow
that tlif

th« jrovcniinciit of tlie ('iiiteil Stntts wen? well i
foniKli.-il. It is cortiiin t)mt fUi' put fortti kiicIi
clainiH mid ('(iin|ilaiiits, and i_iisi.>ted on tlicin to
the L-nd. It is (vrtain tliat, liy the treaty of al-
lianre of 177S, the I'nitfd Status diil (fuaraiity
to Francf her Wi'st India iMmKcsHions. It \<
ctTtain that. Iiy the treaty of conuncree of the j
Kaniu date, the liiited States stipulated that
Frencli vessel-; of war ini^lit hrinn tlieir prizes \
into the poii.s of the I'nited Stutes", and tliat the
♦uieniies of i-ranco shouM not enjoy that jM-ivi- i
lepe ; nnil it is certain tiiat Franco conteniled I
that tlie I'niled States had plainly violated this '
article, as well by their subsequent treatj' with
England as by other acta of the poverninent.
For the violation of these treaties she claimed
indemnity Croni the government of the United
States. Without admittinj^ the Justice of these
pretensions, the frovernnicnt of the L'nited States
found them extremely embarra.s.sinp. and they
authorized our ministers in France to buy them
oil by money.

" For the purpose of showing the justice of
the present bill, it is not necessary to insist that
Franco was right in these pretensions. Itight
or wrong, the United States were anxious to
get rid of the embarrassments which they occa-
sioned. They were willing to compromise the
matter. The existing state of things, then, was
exactly this :

"France admitted that citizens of the United
States had just claims against her ; but she in-
sisted that she, on the other hand, had just
claims against the government of the United
States.

" She would not satisfy our citizens, till our
government agreed to satisfy her. Finally, a
treaty is ratified, by which the claims on both
sides are renounced.

" The only question is, whether the relinquish-
ment of these individual claims was the price
which the United States paid for the relinquish-
ment, by France, of her claims against our gov-
ernment ? And who can doubt it ? Look to
the negotiation ; the claims on both sides were
discussed together. Look to the second article
of the treaty, as originally agreed to ; the claims
on both sides are there reserved together. And
look to the Senate's amendment, and to the sub-
sequent declaration of the French government,
acquiesced in by the Senate ; and there the
claims on both sides are renounced together.
What stronger proof could there be of mutuali-
ty of consideration ? Sir, allow me to put this
direct question to the honorable member from
New-York. If the United States did not agree
to renounce these claims, in consideration that
France v ould renounce hers, what was the rea-
son why they surrendered thus the claims "f
their own citizens i Did they do it without
any consideration at all ? Was the surrender
wholly gratuitous ? Did they thus solemnly
renounce claims for indemnity, go just, so long

insisted on by thcmselve!«, the obji rt of t»
H|tecial misfious, the mibjects of mi luuch rJ
vious controversy, and at one time ho near I. .,
the cause of open war — did the goveriuiifnt . .
tender and renounce them grntuiioii.-lv, ,,r '
nothing ? Had it no reasonable niotivt i^ .;
relinfpiishment ? Sir, it is inipo.-*sible tn ;i,,v'|
tain any such ground.

" And, on the other hand, let nie ask. w.^ li
for nothing that France n'linquished. whatst,
had so long insisted on, the oblipitjon (.( il
United States to fulfil the treaties of ];;,.
F'or the extinguishment of this oblig.ujnn j.
had already <»ireied her a large sinn of timi^,
which ;she had declined. Was she now williij
to give it up without any equivalent J '

'•Sir, the whole historj' of the negotiathj,!
full of proof that the individual cl.iiiiH (,f , J
citizens, and the govemmer claims of JrJ
against the United States, constituted the j
sptctivo demands of the two partie.*. ]|y
wero brought forward together, (Iiscii6s(,i j
gether, insisted on together. The Fiencli mi
isters would never eon.sent to disconnect tl.
AVhile they admitted, in the fullest maimer,
claims on our side, they .naintained, with |*i
severing resolution, the claims on the .i-iile
France. It would fatigue the Senate wtrt.
go through the whole corres-pondence. and i.'k
as I could easily do, that, in every stage of
negotiation, these two subjects were kept
gether. I will only refer to some of the m
prominent and decisive parts.

"In the first place, the general in'tnicii.;
which our ministers received from ouro«ii,
ernment, when they undertook the niis.iiioii'
reeled them to insist on the claims of Amei
citizens against France, to propose ajo'nt
of commissioners to state those claims, anii
agree to refer the claims of France tor infri
nients of the treaty of commerce to the .i*
board. I will read, sir, so much of the insi
tions as comprehend these points :

"'1. At the opening of the negotiation
will inform the French ministers that the I
ted States expect from France, as an indii
sable condition of the treaty, a stii)ulatioj
make to the citizens of the United States
compensation for all losses and dania|<cs tI
they shall have sustained by reason of ii
or illegal captures or condemnation.? of
vessels and other property, under color of
thority or commiBsions from the French lie]
lie or its agents. And all captiins- and
demnations r redeemed irregular or ilhgal
contrary to the law of nations, gencrallj
ceived and acknowledged in Europe, andtoi
stipulations in the treaty of amity and
merce of tht Cth of February, 177t<. I'airlji
ingenuously interpreted, while that trial;
mained in forct.'

" ' 2. If the.ie preliminaries should 1*
fac^orily arranged, then, for the pmim.^rfi
amining and adjusting all the claims of oiif
zens, it will be necessary to provids lurtlii

ANNO 1834. ANDIIKW .lACKSON. I'UIsSUH.NT.

clvi-n. tho olijirt (f ,,
(ibjl'Ctl^ "f "" "I'""'' INI

nt OIK' ti">*' •"' ii'irl. •
_(l'ul thi" jiovirmiiint .,
tlii'tn (:rnUlit^m^ly. iTl
ri'iksoiiu^'li' inntivu m !>|
it is inipo:*sil)lu tn mjit.f

■\*

[iff f'inii
Lf amity mi'l

■r hnnd, let me ask, wis
nrc rt'linqiiitiVii'il, what -u.

on, the obliption i.| i*,
Ifll the tiTaties ..f 1"<
lent of this i)blii:.\ti(in tt
her a larpe snin of mom.
led. "^Vas she nowwilb{]
L any cfinivnknt ?
iJBlciry of the ni'irotiati't a
lie individual claims nf .<jl
,vemn>ei claims of I'rttc,!

States, constituted tW r>.|
of the two partii's. It,;
mrd together, discussui v,
toeethcr. The I'rcnch ni:

consent to disconnect tl
cd in the fullest manner,

they .naintained, with 1*1
11 the claims on the ?i4e

fatigue the Senate wire 1
lole correspondence, and sl»
lo. that, in every stage of

two s\ihjcct8 were kept
dv refer to some of the m
bi'sive parts. , . , ,
)lace, the general mimw
•rs received from our ownp
ev undertook the mission,
1st on the claims of Amei
ance,topropo8cnjo'ntl

to state those clanas anl

chims of France lor inW

,tv of commerce to tlie st

_!d sir. so much of ik m

cn'd these points

)pening of the nesrotm lion.
■^rench iKinisters that th li
from France, as an iniia
the treaty, a stipnlatiM

zcns of the United State.

rail losses and damajicsv^

sustained by reason olirrep-

res or condemnations of

ISl

ad,

:t
of

liiBsionsfi-orathelrench
8. And all captureyi:
deemed irregular or ill>?a J
law of nations, ^cnuril,
owledged in Europe, aiuito
the t '-aty of anuty ».J

Bng all the claims 01 oj
'necessary to provi.'.aiortl«

mtment "f « board of commisHioticru, oiinilar
^)th«t ile,'*frilied in the ^ixfh and «evtnlh arli-
'irt uf t'"' '"'•'*'>■ "^ amity and romnurcv bt-
' the Iiiited States and (Jn-at Hritaiii.'

the Kriix'h government liave hcnto-
lineii of infrinjremciitH of the treaty
commerce, by tlie I'nited States
rthiiriitix-'us. all claims for injnriert, thereby
Tuiiiineil '" Franco or its citizens, are to bo
ilmiitle'l to the same board ; and whatever
mau'es they award will Iw allowed by the
iiitnl .'^talef) i*"'' deducted from tho sums
iwanled to he paid by France.'
•■.Vuw. sir. suppose this board had been con-
itutc<l, ai"l 8uppo.sc that it had made awards
in>t France, in behalf of citizen.s of the Uni-
1 states, and had made awards also in favor
the povernincnt of Franco ogainst tho jrov-
iniint of tlie United States ; and then these
tawaicls had been deducted from the amount
the fonner. and tho proiierty of citizens thn?'
lied to disciiarKO tlie public obligations of
[. country, would any bod}^ doubt that such
ii,s would be entitled to indemnity ? And
thcv less entitled, because, in.stead of being
it iirjuiilated and ascertained, and then set
one a^jainst tho other, they are finally
,.d to be set oil' against each other, and nm-
illy relinquished in the lump ?
\cting upon their instructions, it will be
that the American ministers made an ac-
offer to suspend the claim for indemnities
France sliould be satisfled as to her politi-
riglit3 under the treaties. On the 15th of
Iv they made this proposition to the French
'ntiatoi'S :

'Indeinnitici? to be ascertained and secured

ihe manner proposed in our project of a trea-

[butnott3be ,>aid until the United States

have otl'ered to France an article stipulat-

ifree admission, in tho ports of e.- -h, for the

,teers and prizes of the other, to tl ) exclu-

of their enemies.'

JThis, it will be at once seen, was a direct
to suspend the claims of our own citizens
mr government should be willing to renew
Irance the obligation of tho treaty of 1778.
not this an offer to make use of private
rty for public purposes ?
n the lllh of August, the French plcni-
itiaries thus write to tho ministers of the
■d States :

[The propositions which the French mini.s-
lave the honor to communicate to tho min-
plenipotentiary of the United States are
d to tins simple alternative :
ither the ancient treaties, with the prlvi-
rcsulting from priority, and a stipulation
liproKil indemnil" ■ ' ;

r a new treaty, assuring equality without
ity.'

other words, this offer is, ' if you will ac-

dge or renew the obligation of the old

, which secure to us privileges in your

hich our enemies are not to enjoy, then

OL. I.— 33

we will make indcinnitics fir thi> lusscsnf your
citizens; or, if y"U will (ri\e up .ill elmni t'ot
such iudt'iiniities, tlicii \\i> will ri'litii|Mi^li <>i;i
l'S|HTial privileges Ullilif the fnrnuT tlcatlr-,

anil ajrree to a new tn:ity which shall <>iil\ |>iii
us (111 a looting of V , ml ity uitli <irial lit it. tin,
our enemy.'

"On the 20th of Au;:ii-t our ininistri's |)iu-
pose that the former ti-futie^, xi \'av as tliev re-
spect the rights of |)rivateers, .shali be reneucd;
but that it shall lie optioiiiil with the I iiited
States, by the payment, within seven ye.irs, of
three millions of francs, eitlur in nioiiey or in
securities is.sued by the French govermncut for
indemnities to our citizen.s, to buy oil" this nb-
ligntion, or to buy olfall its political oblijiatiuns,
under both the old treaties, by jiayment in like
manner of five millions of francs,

'• On the 4th of September the French minis-
ters submit these propositions.

'' ' A commission shall regulate the iiideuinitici
which either of the two nations may owe to tho
citizens of the other.

" ' The indemnities which shall be <lue by
France to the citizens of the United States shall
be paid for by the United States, and in return
for which France yields the exclusive privilej:e
resulting from the 17th and 21.M articles c/f
the treaty of commerce, and from the riulits of
guaranty of the 11th article of the treaty of al-
liance.'

"The American ministers considered these
propositions as inadmissible. They, however,
on their part, made an approach to them, by-
proposing, in substance, that it should be I'.i't
optional with the United States, on the e.\eliange
of the ratification, to relinquish the indemnities,
and in that case, the old treaties not to be ob-
ligatory on the United States, so far as they
confened exclusive privileges on France. This
will be seen in the letter of the American min-
isters of the 5tli of September.

"On tho 18th of September the American
ministers say to those of France ;

'• ' It remains only to consider tho expediency
ot a temporary arrangement. Should such an
arrangement comport with the views of Fiance,
the foUowing principles are offered as the ba.»is
of it:

"'Ist. The ministers plenipotentiary of the
respective parties not being able at present to
agree respecting the fonner treaties and indem-
nities, the parties will, in due and convenient
time, further treat on those subjects ; and. until
they shall have agreed respecting the same, the
.said treaties shall have no operation.'

'This, the Senate will see, is substantially the
proposition which was ultimately accepted, and
which formed the second article of the treaty.
By that article, these claims, on both sides, were
postponed for the present, and afterwards, by
other acts of the two governments, they wero
mutually and for ever renounced and relin-
quished.

And now, sir, if any gentleman can look to

■i

THIRTY YKARS* VIKW.

Jho trcAty, look to tlio inxtnirtionN iindiT which
it wiis (••iiirliiijrii, |i((»l< to llio corrtMporKirnot'
wliicli prcr-cilud it, nixl look to the Hiil>Hi-<|iii-iit
n^TCfiiuMit of thi' two j(ovt'riiiiit'iit« to ri'iioniict'
irliiiiiiH, on liotli Hi(|(?H, niul nut admit tiiut ('n'
liro|H'rty of tiienc {irivate citi/Aum linn Ucn
tukcti to Idiy oir cinhiirrnssiiiK ciiiiiim of Kraiicc
on the (.'ovi-rnnicnt of the Unitfd .States, I know
not wdiat other or further evidence could ever
force tlint conviction on liiH mind.

" I will co!iclude tliirt piirt of the case by
iliowi'ifr yon *iow this matter was understood
hy the American udminist ration which finally
IV ceptcd the treaty, with thi« rencMincenient of
indemnities. The treaty was ncf^otiated in the
iidministration of Mr. Adams. It was amended
in the .Senate, as already stated, and ratified on
tiie third day of February, 1801, Mr. Adams
being still in oliicc. Being thus ratified, with
the amendment, it was Bent back to France, and
on the thirty-first day of July, tho first Consul
nitifieil the treaty, aa amended by striking out
the second article, but accompanied the ratifica-
tion with this declaration, 'provided that, by
this retrenchment, the two states renounce
their respective pretensions, which are the ob-
ject of the said article.'

" With this declarati<m appended, tho treaty
came back to the United States. Mr. Jeilerson
had now become President, and Mr. Madison
was Secretary of State. In consequence of the
declaration of the French government, accom-
panying its ratification of the treaty and now
attached to it, Mr. Jefferson again referred the
treaty to the Senate, and on the 19th of Decem-
ber, 1801, the Senate resolved that they consi-
dered the treaty as duly ratified. Now, sir, in
order to show what Mr. Jefferson and his ad-
ministration thought of this treaty, and the
etl'cct of its ratification, in its then exist-
ing form, I beg leave to read an extract of an
official letter from Mr. Madison to Mr. Pinck-
ney, then our minister in Spain. Mr. Pinckney
was at that time negotiating for the adjustment
of our claims on Spain ; and, among others, for
captures committed within the territories of
Spain, by French subjects. Spain objected to these
elaims, on the ground that the United States had
claimed redress of such wjuries from France.
In writing to Mr. Pinckney (under date of Feb-
ruary Cth, 1804), and commenting on this plea
of Spain, Mr. Madison says :

" ' The plea on which it seems the Spanish gov-
ernment now principally relies, is the erasure of
the second article from our late convention with
France, by which Frances was released from the-
indemaities due for spoliations committed under
her inmiediate responsibilitj' to the United
States. This plea did not appear in the early
objections of Spain to our claims. It was an
nfterthoujj;ht, resulting from the insufficiency
of every other plea, and is certainly as little
valid asjuiy other.'

'"The injuries for which indemnities are
claiuuJ .lijom Spain, though committed by

Frenchmen, took plarc under .Spnnixh «iithw)t,
S|Miin, therefore, is anitwerablo for thirn.
her we have looko<l, and rontinne to JOdk i'.
redress. If the injuries done to iik hy hern.
suKed in any manner from injuries ' dnn^ ,,
her by France, she may, if Khc pleiiKcn, rrjop
to France as we renort to her. Hut whMl^ I
Imt resort to Franco would he juRt or nnjiiHi ,.
a nuestion l»etween her and 1 rnnre, not UtW(»j
eitlier her and us, or us and France. Wo din,
against her, not ojrninst France. In nlpiniiif
France, therefon>, we have not reh aw^j htr
The claims, iipain, fiom which France «•«« ;,'.
leased, were admitted bv France, and the rein*,
was for a valuable consideration, in n correct* n,
dent release of the United States fiom ceniip
claims on them, Tho claim.i wc make on Xm
were never admitted by France, nor inadiijl
Franco by the United States; they made, therf,!
fore, no part of the bargain with her, andfonldl
not be included in the release.' I

"Certainly, sir, words could not have bwil
used which should more clearly aflirm tbtll
these individual claim.s, these private rifrlit« i(|
property, had been applied to public tises, Jlr.l
Madison here declares, unequivocally, tliattli<f(l
claims had been admitted by France ; that »>t|
were relinquished by the government of \^A
United States; that they were relinquiKhedfm
a valuable consideration ; that that consiij(n.|
tion was a correspondent release of the Uniit^l
States from certain claims on them ; and tlatl
the whole transaction was a bargain bettrtal
the two governments. This, sir, be it rciuetl
bered, was little more than two years ofler lit
final promulgation of the treaty ; it was hrllt
Secretary of State under that adminlKtrai ;i|
which gave effect to the treaty in its atneni
form, and it proves, beyond mjstake and btrog
doubt, the clear judgment which that adniiii
tration had formed upon the tmo natui^ i
character of the whole transaction.

CHAPTER CXX,

FRENCH SrOLIATIOX3-MR. BENTOXS SI'm|

"The whole stress of the question liis inii
simple facts, which, if disembarrassed from il
confusion of terms and conditions, and rien
in their plain and true character, render it i
cult not to arrive at a just amd correct vifw^
the case. The advocates of this measure 1
no other grounds to rest their case upon t
an assumption of facts ; they assume thai ll
United States lay under binding and ODeri
stipulations to France; that the claims of 4
bill were recognized by France; andtliatl

ANNO Isn.V AXnUKW JACKSON. IUH<II)KNT

5\i

under Spanixh «<itWiiT
Hworalilo for them ",
v\ rontinuc t« look [f
IS done to lit* t)y her ^
r from injurit* dnnt t,,
ly, if t*he pU-iiftn, ntt^.
•t to licr. l»ut whcthfr 1
koiild In- jtift or unjust i.
■r and l rnnci', H"t U'twirj
iH and Franco. We rUin
nst France. In ri'lpwinf
c have not rt'liiiw<l htr,
in which Frnncc was n.

by France, and the rclfw
nsidcration, in nrcirrcnnn.1
Jnitcrt States fiom wriiia I
a claims wc make on Spun

by France, nor madiijl
estates; thevinatle.tW I
larpnin with her, andcfiiiHJ
ho rcleoBC.' I

ords could not have \m\

more clearly aflirm thttl
im.s, these private rijiliMl
applied to public iiws. Mr, I
08, unequivocally, tliat \\ml
mitted by Franco ; that ' *t|
by the government of lal
t they were relinquished (ul
ation; that that consideivl
indent release of the Initt^l
I claims on them ; and thtl
Aon was a bargain Mm\
its. This, sir, be it ron»l
ore than two yeavs oflertkr

of the treaty; itwasbytir
e under that administnitin

the treaty in its amendi

1 beyond m.istake and Ikjm
iidgment which that admir
d upon the true nature i
rholo transaction.

PTEH CXX.

riOXS-MR. BENTOX-S Sl'E£ri|

^s of the question Vus in «i
;h if disembarrassed from I
is' and conditions, and Tiei
true character, render it a
.at a just and correct vied
tdvocates of this measure '"

to rest their case upon

)f facts; they assume thai I

ly under binding and omp

'ranee; that the claims of i

lized by France; and that I

I nitfd i^tateii mndr hcrae'.f rexponHihlo for theic
iiiinx, inntend of France ; took thrni upon hcr-
.,!f. and Ix'cftine Ixiiind to [my tluin, in con-
. ,!,r»iioi> of t^'tliuK rid of the burdtna which
n, :heil u|i(in hor. It in Msumcd that the
, iims were good when the United StatoH aban-
,1 n d thciii ; and that the consideration, which
It IS iirvteiuled tlie United States received, was
1 „f» nature to make her fuUy responHiblo to the
tliinianto. and to render it obligatory upon her
1 1 . !>ati»fy the claims.

"The measure rests entirely upon these as-
I sumptions; but I shall show that they arc
nnthin;; more than assumptions; thut these
Iclaiiis were not recognized by Franco, and could
L,t 1^, hy the law of nations ; tlioy were good
If ,r nothing when they were made ; they were
Ipiod for nothing when we abandoned them.
The United States owed nothing to Franco, and
f^^^ived no consideration whatever from her, to
Mktf U8 responsible fi)r payment. What I here
naintftin, I shall proceed to prove, not by any
trtfid chain of argument, but by plain and his-
Bc'iioal faclii.
■ Let me OFk, sir, on what grounds is it main-
lined that the United States received a valuable
mnsidcration fur these claims? Under what
(lenms gtipulations did she lie ? In what did
CTilclit consist, which it is alleged France gave
) in payment for these claims ? By the treaty
78, the United States was bound to guarantee
|ie French American possessions to France ;
111 France, on her part, guaranteed to the
Jnitod States her sovereignty and territory.
'[y\ the war between Great Britain and
|rance broke out; and this rupture between
kofe nations immediately gave rise to the
Bostion how far this guaranty was oVjligatory
pon the United States? Whether we were
liiii 1 by it to protect France on the side of her
nerican possessions against any hostile at-
Ick of Great Britain ; and thus become involved
I subalterns in a war in which we had no Con-
or interest whatever ? Here we come to
! point at once ; for if it should appear that
» were not bound by this guaranty to become
rties to a distant European war, then, sir, it will
Ian evident, a decided result and conclusion,
it we were under no obligation to France — that
I owed her no debt on account of this guaranty ;
, plainly enough, it will follow, we received
Ivaluable consideration for the claims of this

bill, when Franw n-loaM-d us from an obligation
which It will np|K-ar we never owed. I.ct MP
briefly see how tliera«' Ktands.

'• France, to p't rid of claims iimilo l>y us, puis
forwanl coiinler cJainiH under this guaranty ;
proposing by such a (lipl-miafic mamcu^re to
get rid of our demand, the injustice of which
she protested against. She wtcceeded, and both
parties abandoned their claims. And is it now
to be urged upon us that, on the gn -nds of this
astute diplomacy, wo actually receive(' » valuable
consideration for claims which were considered
good for nothing? France met our claims,
which were goodfornothing, by a counterclaim,
which was goo«l for nothing ; and when wo
found ourselves thus encountered, we abandoned
our previous claim, in order to be released from
the counter one opposed to it. After this, is it,
I would ask, a suitable return for our over-
wrought anxiety to obtain satisfaction for our
citizens, that any one of them should, some
thirty years after this, turn round upon us and
say: "now you have received a valuable con-
sideration for our claims ; now, then, you are
bound to pay us ! " But this is in fact, sir, the
language of this bill. I unhesitatingly say that
the guaranty (a release from which is tho pre-
tended consideration by which tho whole people
of tho United States are brought in debtors to
a few insurance ofBces to the amount of mil-
lions), this guaranty, sir, I afifirm, was good for
nothing. I speak on no less authority, and in
no lead a name than that of the great father of
his country, Washington himself, when I affirm
that this guaranty imposed upon us no obliga-
tions towards France. TTow, then, shall we be
persuaded that, in virtue of this guarontj*, we
are bound to pay the debts and make good tho
spoliations of France ?

"When tho war broke out between Great Bri-
tain and France in 1793, Washington addressed
to his cabinet a series of questions, inquiring
their opinions on this very question — liow far
the treaty of guaranty of 1778 was obligatory
upon tho United States — intending to take their
opinions as a guidance for his conduct in such a
difficult situation. [Here the honorable Senator
road extracts from Washington's queries to his
cabinet, with some of the opinions themselves.]

** In consequence of tho opinions of his cabinet
concurring with his own sentiments, President
Washington issued a proclamation of neutrality,

616

TIIIUTY Yh:AILV VILW.

(liarcpirdinf; the Kimrant j, ■mi prnrlaimini; that
w«' wtTf not iMiiinrl l>y any pn-cedin^jtri'ttrU-H to
(lifciwl AiniTirnn Frniirc apiinut (Jitat itritain.
'J'liu wi'-ilotn (>r thia iiii-aaiirv Im apparent. Id*
w JMi-ly tlioiight it wuH not prudent our infant
lit'piihlic mIiouM >>c('otnc at«orl)cil iu the vortex
f{ Kuropean politics; and tlicreforo, i>ir, not
without long and niaturu deliberation how far
tliia treaty of guaranty waa obligatory upon
us, he pronounced against it ; and In so doing
ho pronounced against the very bill before usj
for the bill has nothing to stand upon but this
guaranty ; it pretends that the United States
is bound to pay for injuries inflicted by France,
because of a rolcaso from a guaranty by which
the great Washington himself solemnly pro-
nounced wo were not bound! What do we
now behold, sir ? We l)ehold an array in this
House, and on this floor, against the policy of
Washington I They sock to undo his deed ; they
condemn his principles ; they call in question
the wisdom and justice of his wise and paternal
counsels ; they urge against him that the guar-
anty bound us, and what for ? What is the
motive of this opposition against his measures ?
Why, sir, that this bill may pass ; and the
people, the burden-bearing people, be made to
pay away a few millions, in consideration of
obligations which, after mature deliberation,
Washington pronounced not to lie upon us !

" I think, sir, enough has been said to put to
rest for ever the question of our obligations
under this guaranty. Whatever the claims
may be, it must be evident to the common sense
of every individual, that we are not, and cannot
be, bound to pay them in the stead of France,
because of a pretended release from a guai^uty
which did not bind us ; I say did not bind us,
becouse, to have observed it, would have led to
our ruin and destruction ; and it is a clear prin-
ciple of the law of nations, that a treaty is not
obligatory when it is impossible to observe it.
But, sir, leaving the question whether we were
made responsible for the debts of France,
whether we were placed under an obligation to
atone to our own citizens for injuries which a
foreign power had committed ; leaving this ques-
tion as settled (and I tnist settled for ever), I
come to consider the claims themselves, their
justice, and their validity. And here the prin-
ciple of this bill will prove, on this head, as
weak and untenable — nay, more — as outrageous

to every idea of common sense, aa it wiw .„) (i^
fonner head. With what r»'a»on, F woiiM ,,
can gentlt'nien prei«s the American ]>n>i,\r ,
pay tiieso claimw, 'vhen it would \h! iiiir,|.,,
able to j)reHs France hert»«lf to |)ay tiicm ;
France, who comriiitlt d the wrong, ronM n.-
Justly 1)0 called u|K)n to atone for it, Imwcr
the United States now 1)6 called u|miii („r ,{ ,
money 7 In 171)8, the treaty of |h'ic« wjii;
Franco was virtually al)oliHhe<l by vaiicjiin y^-.
of Congress authorizing hostilities, nnij Ijy p, '
clamation of the President to the khihc iilu;
it was abolished on accotmt of its vinlntinn k
France ; on account of those depreiliitinufi nin^j, i
this bill calls upon us to make good. liy th<,ii«
acts of Congress we sought siili«fa,tn,i| f J
these claims ; and, having done so, it vm ii,
late afterwards to seek fresh satiKlktiin l,t|
demanding indemnity. There was war, sir. :
the gentleman from Georgia has cUniiy 6li(,itq I
— war on account of these spoliniidus— j|),||
when we sought rcdrcfs, by acts of warfare t,
precluded ourselves from the right of (Icimn,!,
ing redress by indemnity. We could not, tlirrl
fore, justly urge these claims against Fmnft;]
and I therefore demand, how v, n tliey l,e iir|:t.i|
against us 7 What are the invincible arp.|
nients by which gentlemen establish tlie jiimiol
and validity of these claims 7 For, surilv, \A
fore we consent to sweep away millions bal
the public treasury, we ought to hear at htm
some good reasons. Let me examine tlieirgoojl
reasons. The argument to prove the validitil
of these claims, and that we are bound tu m
them, is this : France ocknowledgcd tiicni, t
the United States took them upon herself; tlj
is, they were paid by way of oll'sit. and \^
valuable consideration the United States i
ceived was a release from her pretended ulil
tions ! Now, sir, let us see how France ackm/i
lodged them. These very claims were dcniii
resisted, and rejected, by every successive j
emment of France ! The law of nntioiis i
urged against them ; because, having enjij
in a state of war, on the account of tlKmij
had no right to a double redress— lirst bm
prisals, and afterwards by indemnity ! Lisiiii
Franco justified her spoliations, on tiie jw
that we violated our neutrality ; tlrnt tiie &
seized were laden with goods belonging toll
English, the enemies of France; and it it i
known, that, in ninety-nine cases out of ili

hut rciiwtn, I wouM »,,
the Aiiioricnn |ic<i|,li. i
n it woiil'l '« tmrn-i,
ii-mlf to jiay them I ,i
«\ the wroiip, roiiM r..'

to at"Il«< f'T it, llOWra-

V 1)6 cnllt'tl ujM)n for \U,
;he trt'ttty <il" ihui* whJ
al)Olmhi'il l>y vmiou* ar.
inn hoHtiUtU'B, unil liy pw. |
>Bidcnt to tbo ciunc illw,;
kccount of Us violmidn t,v
if thoBC doprtMliitioiu wlnrti
8 to make good. Uv tin .« |
vo Bought Bivtisl'aiiion U
liavhig dono so, it was b.
Bcek fresh Baticluctinn It I
ty. There wiis wiir, sir. u I
Georgia has cUarly sin wn I
of Uiese Bpoliftliims-ri!!'
drofB, hy acts of warfuri' »r
J from the right of {\v\\ml\
innity. "NVc could not,tli(r.|
licse claima ngainat Franct;!
nand, how v. n they litMir5«.i|
lat arc the invincible upl
ntlemen establish llitjiijifll
BBC claims'? For, surely. wl
sweep away millions bn\
y we ought to hear at bil
1. Let me examine llicir pwt I
'ument to prove the valiiliijj
id that we are hoiuid to i«t|
ihce acknowledged llieiii,
took them upon hei6ill';ib
J by way of oU'si't, and tU
■ation the United States
iBC from her pretended oUip
let us see how France ackiw
liese very claims were (Icniii
cted, by every successive |
ce ! The law of nacions '
lem ; because, havinn mp{
on the account of thmi
a double redrcss-lirst livn
wards by indemnity ! MIt
her spoliations, on tlie j
our neutrality; that the s
inwith goods belonging toil
•mies of France; and it is r
ninety-nine cases out of li

ANNO 1886. ANPRKW JACKHO.N, rUliilUENT.

617

i-jj thi* *!»• the fart — that American citlirn*
,„t tlii'ir namcB to the F.ngliKb, and were ri'ady
.nrii»lk *" *'"' 'i*">^'" "^ Fri-nch cpoliation, for
, iio of the great proflti, which more than
. vtfi'd till' rink. And, in the fiiro of all thcKc
H-l^ \vr nri- told that the Frencli acknowledged
tlifcltii"''. I«»id them by a ri'lcase, and wo are
„,«■ iHMinil to Kalinfy them ! And how is this
rroTcd/ Where are the invincil)!c arguments
l,v which the public treasury U to bo emptied /
II (ir them, if it is poB.Hibic even to heur them
nith piitieiici" ! When wo urged theno claims.
the French negotiators cet up a counter claii ,
„„,| tiuilitain a release from this, we abandonen
them! Thus it is that the Frencii acknowk Igcfl
1 ,i,(jc cliiims ; and, on this pretence, because of
ilii.^ diplomatic cunn! ^ and ingenuity, wo are
nnw toM that the national honor calh on us to
iravtliom! Was ever such a thinp heard of
Ufnre? Why, sir, if v^-o pass this bill, we
hhiill defcrve eternal nblo.juy and .;..<gracc fro,
the whole American people. France, after r^
I^atedly anil perseveringly denying and r, ■.«■-
l.v these claims, at last gets rid o*" ♦hem for ever
ilivan ingenious trick, and by pr tci.'tng to ac-
nuwlcdge them; and now her lebt ^_if it was
(lolit) is thrown upon us ; and, in consequence
f this little trick, the public treasury is to bi
ricked out of several millions ! Sir, this is raon-
itmua ! I say it is outrageous ! I intend no
Lisonal disrespect to any gentleman by these
ibservations ; but I must do my duty to my
iintry, and I repeat it, sir, this is outragc-
s!

•It is Btrcmiously insisted upon, and appears

)t)c firmly relied upon by gentlemen who have

ilvocatcd this meesure, that the United States

(3 actually receii > i! f;'om France full consider-

llion for these « i ' ,■ ; in a word, that France

ks paid them ! I have already shown, by his-

^rieal facts, by the law of nations, and, further,

the ant'.'fity and actions of Washington

nself t'.o father of his country, that we

iiv placed under no obligations to France by

treaty of guaranty ; and that, therefore, a

pease from obligations which did not exist, is

valuable consideration at all ! But, sir, how

it be urged upon us that Franco actually

|id us for claims which were denied and rc-

kted. when we all know very well that, for

disputed claims, for claims acknowledged by

aty, for claims solemnly engaged to be paid,

wo could never suctved in patiiii? one fiirthlnit
I thank tlie Biimtor from New iiiimpKliire (.Mr,
Mill), for the rnlighteneil view he ha^ giv< n tn
thiM ease. What, sir, wan tin- conduct of Napo-
leon, with n'f<|H'et to iii'iK y / He had bniiiid
hiniHflf to pay us twmty millionK of franc-,
and he would not \y.\\ oni- firthing! And yet,
sir, we arc confidently a.Hnured by llnMulviH-ates
of this bill that these claims were |iuid to us by
Napoleon! When I.ouiMiaiia was Kold, he or-
dered Marbois to get tlfly millions, and did not
even then, intend to pay us out of that sum the
wenty millions he hud bound himself by tnn-
ty to pay. Marbois succeeded in getting thirty
millions of francs more from us, and from >f)'s
the twenty millions due was dtnlucte*!; thu^,
.sir, wo were mode to pay ourselves our own
due, and Napoleon escaped the payment of a
farthing. I mean to nmko no reflection upon
our ni^gotiators at that treaty ; wo may b«' glad
that wo got Louisiana at any amount ; for, if
wo had not obtained it by money, wo Bhould
soon have possessed it by bloo<l : the young
West ke a lion, would have sprung tipon the
delta ci the Mississippi, and we should have
had an earlier edition of the battle of New Or-
leans. It is not to he regretted, therefore, that
wo gained Louisiana by negotiation, although
we paid our debts ourselves in that bargain.
But Napoleon absolutely scolded Marbois for
allowing the deduction of twenty milliouH out
of the sum we paid for Louisiana, forgetting
that his minister had got thirty millions more
than ho ordered him to ask, and that wo had
paid ourselves the twenty millions due to us
under treaty. Having such a man to deal with,
how can it be maintained on this floor that
the United States has been paid by him the
claims in this bill, and that, therefore, the trea-
sury is bound to satisfy them ? Let sienator.x,
I entreat them, but ask themselves the ques-
tion, what these claims were worth in the view
of Napoleon, that they may not form such an
unwarranted conclusion as to think he ever paid
them. Every government of France which pre-
ceded him had treated them a.s English claims,
and is it likely that he who refused to pay claims
subsequent to these, under treaty signed by
himself, would pay old claims anterior to 1800 ?
The claims were not worth a straw ; they were
considered as lawful spoliations ; that by our
proclamation we had broken the neutrality ;

518

TllinrV' YEAHS' VIEW.

and, after all, that they were incurred by
English enterprises, covered by the American
flag. It is prctcndeil he acknowledged them !
Would lit have inserted two lines in the trea-
ty to rescind them, to get rid of such claims,
wiien he would not pay those he had acknow-
ledged 1

To recur once more, sir, to the valuable con-
sideration which it is pretended we received for
these claims. It is maintained that wo were
paid by receiving a ix'lease from onerous ob-
ligations imposed upon us by the treaty of
guaranty, which obligations I have already
shown that the great Washington himself pro-
nounced to be nothing; and therefore, sir, it
plainly follows that this valuable consideration
was — nothing !

What, sir I Is it said we were rekased from
obligations ? From what obligations, I would
ask, were we relieved? From the obligation
of guaranteeing to France her American posses-
sions ; from the obligation of conquering St.
Domingo for France ! From an impossibility,
sir! for do we not know that this was im-
possible to the fleets and armies of France,
under Le Clerc, the brother-in-law of Napoleon
himself ? Did they not perish miserably by the
knives of infuriated negroes and the desolating
ravages of pestilence ? Again, we were released
from the obligation of restoring Guadaloupe to
the French ; which also was not possible, unless
we had entered into a war with Great Britain !
And thus, sir, the valuable consideration, the
release by which these claims are said to be
fully paid to the United States, turns out to be
a release from nothing ! a release from absolute
impossibilities ; for it was not possible to guar-
antee to France her colonies ; she lost them, and
there was nothing to guarantee ; it was a one-
sided guaranty ! She surrendered them by
treaty, and there is nothing for the guaranty
to operate on.

The gentleman from Georgia [>Ir. King], has
given a vivid and able picture of the exertions-
of the United States government in behalf of
these claims. lie has shown that they have
been paid, and more than paid, on our part, by
the invaluable blood of our citizens I Such,
mdeed, is the fact. What has not been done
by the United States on behalf of these claims ?
For these very claims, for the protection of
Ihoso Tcry claimants, we underwent an in-

credible expense both in military and n.r
armaments.

[Here the honorable senator read a lone li,
of military and naval preparations maduliy Con-
gress for the protection of these claims, uptcif..
ing the dates and the numbers.]

Nor did the United States confine hersi-'
solely to these sfrenous exertions andexpcn^v,.
armaments; besides raising fleets and ariiiiis.s,
sent across the Atlantic embassies and n"tn;i
she gave letters of marque, by which cvcrr
injured individual might take his own rtirWr
and repay himself his losses. For these vm-
claims the people were laden at that period \riiii
heavy taxes, besides the blood of our ncniJe
which was spilt for them. Loans were niiu
at eight per cent, to obtain redress for tlie-i I
claims ; and what M'as the consequence ? l;
overturned the men in power at that penod;
this it was which produced that result, m-jie i
than political difl'erences.

The people were taxed and suflered fur thc!* I
same claims in that day ; and now thev an I
brought forward again to exhaust the putel
treasury and to sweep away more niillionsveil
from the people, to impose taxes again upon then I
for the very same claims for which the pcoijl
have already once been taxed ; reviving the «> I
tem of '98, to render loans and debts and eD-l
cumbrances again to be required ; to embarn<i|
the government, entangle the" State, to impoTorf
ish the people ; to dig, in a word, by gradiil
measures of this description, a pit to plunge thil
nation headlong into inextricable difiicultysidl
ruin !

The government, in those days, performed i J
duty to the citizens in the protection of tkiil
commerce; and by vindicating, asserting, sb
satisfying these claims, it left nothing uiido«|
which now is to be done ; the pretensions of tbi
bill are therefore utterly unfounded ! ruixfl
are reciprocal ; the duty of government 'n prJ
tection, and that of citizens allegiance. Iliij
bill attempts to throw upon the present «)(•
crnment the duties and expenses of a fori
government, which have been already once J
quitted. On its part, government has fulnlMl
with energy and zeal, its duty to the citiMBf
it has protected and now is protecting tin
rights, and asserting their just claims. Win
our navy, kept up in time of peace, for thcp
tection of commerce and for the prolit ofo

ANNO 18^.5. ANDRKW JACKSON, rRI>iir)i;NT.

519

I in military and n.v.i

; senator read a long 1.,
preparationB made }iy Cit..
in of these claims, pjhi,!;..
numbers.]

;d States conline hemf
us exertions and expcn- ■.
aisingtk'ets and armii^.s e
itic embassies and a|n;iiif ,
marque, by which every
ight take his own rcinci-
lis losses. For these vm
re laden at that iieriodmih
! the blood of our peojle
them. Loans were raisei
obtain redress for tlis
was the consequence 1 1;
a in power at that perioii;
produced tliat result, mie
ences.

taxed and suffered for tlicw
\t day ; and now they m
igain to exhaust the publit
eep away more millions yei
mpose taxes again upon thm
claims for which the pc()f,(l
)ecn taxed; reviving the «>
ler loans and debts and t*
to be required ; to embams
itangle the" State, to impom-

dig, in a word, by gradii
cBcription, a pit to plunge tin
ito inextricable difiicultYd|

t, in those days, performed i;i
[18 in the protection of tkii
)y vindicating, asserting, atl
laims, it left nothing uiid..«
3 done ; the pretensions of M

1 utterly unfounded ! l)uSti|
\c duty of government i:

of citizens allegiance. Ta
throw upon the present p
jes and expenses of a f»rt
;h have been already once
part, government has fulnll
zeal, its duty to the citiwi
and now is protectin? tto
ting their just claims. AYir
p in time of peace, for the
erce and for the profit ol

IfUizcns; witness our cniisers on every point
,f the plot*. f'>'' t''^ security of citizens pursu-
|. , ^.ycry kind of lawful business. Uut, there
lire limit'* to the protection of tlie interests of
liii'lividual ritizeus ; peace must, at one time or
IcthiT he obtained, and sacrifices are to be made
If ir a vjiluable consideration. Now, sir, peace is
valiLihle consideration, and claims are often
peas^arily abandoned to obtain it. In 1814,
re pave "P claims for the sake of peace ; we
riiTc up claims for Spanish spoliations, at the
Lity of Florida ; we gave up claims to Den-
jark. These claims also were given up, long
lior to others I have mentioned. When
jcc is made, the claims take their chance;
ome are given up for a gross sum, and some,
ich as tiiesc, when they are worth nothing,
rill fetch nothing. IIow monstrous, therefore,
bat measure is, which would transfer abandon-
and disputed claims from the country, by
Hiich they were said to bo due, to our own
juntry, to our own government, upon our own
tizens requiring us to pay what others owed
lay. what it is doubtful if they did owe) ; re-
lirin" us to pay what we have never received
^e fiirthing for, and for which, if we had re-
ived millions, we have paid away more than
lose millions in arduous exertions on their be-

llf!

[l should not discharge the duty I owe to my

mtry, if I did not probe still deeper into

m transactions. What were the losses which

to these claims ? Gentlemen have indulged

mselves in all the flights and raptures of

Etry on this pathetic topic ; we have heard

'ships swept from the ocean, families plunged

rant and ruin ; " and such like ! What is the

sir? It is as the gentleman from New

jpshire has said: never, sir, was there known,

)re or since, such a flourishing state of com-

ce as the very time and period of these

liations. At that time, men made fortunes if

saved one ship only, out of every four or five,

I the French cruisers ! Let us examine the

kbom facts of sober arithmetic, in this case,

not sit still and see the people's money

led out of the treasury by the persuasive

of poetry. [Mr. B here referred to pub-

:ument8 showing that, in the years 1793,

j'95, '9G, '97, '98, '99, up to 1800, the ex-

, annually increased at a rapid rate, till, in

they amounted to more than ^91,000,000].

It must bo taken into considerntiun that, at
this perioil, our populalinn was le.-s lliau it \h
now, our tcrritrry was much nioie limited, we
had not Louisiinuiand the \)>'Vi of New Orleans,
and yet our commerce \v:is far nmre llouri.>iiiiiH
than it ever has been since ; and at a time, too,
when we had no maninioth banking: eoriMiration
to Iwast of its indispensable, its vital neoc-sily
to commerce ! These are the facts of numbers,
of arithmetic, which blow away the (dilice of
the gentlemen's poetry, as the wind scatters
straws.

With respect to the i)artics in whose hands
these claims are. They arc in the hands of insur-
ance offices, assignees, and jobbers; they are in
the hands of the knowing ones who have bought
them up for two, three, five, ten cents in the
dollar! What has become of the screaming
babes that have been held up after the ancient
Roman method, to excite pity and move our
sympathies ? What has become of the widows
and original claimants ? They have been bought
out long ago by the knowing ones. If wo
countenance this bill, sir, we .shall renew the
disgraceful scones of 1793, and witness a repeti-
tion of the infamous fraud and gambling, and all
the old artifices which the certificate funding act
gave rise to. (Mr. B. here read several interest-
ing extracts, describing the scenes which then
took place.)

One of the most revolting features of this bill
is its relation to the insurers. The most in-
famous and odious act ever passed by Congress
was the certificate funding act of 1793, an act
passed in favor of a crowd of speculators j but
the principle of this bill is more odious than
even it ; I mean that of paying insurers for their
losses. The United States, sir, insure ! Can
any thing be conceived more revolting and atro-
cious than to direct the funds of the treasury,
the property of the people, to such iniquitous
uses ? On what principle is this grounded ?
Their occupation is a safe one ; they make cal-
culations against all probabilities ; they maivc
fortunes at all times ; and especially at this very
time when we arc called upon to refund their
losses, they made immense fortunes. It would
be far more just and equitable if Congress were
to insure the farmers and planters, and pay them
their losses on the failure of the cotton crop ;
they, sir, are more entitled to put forth such
claims than speculators and gamblers, whose

520

THIRTY YEARS' VIEW.

trade and lm.«iiii'ns it is to ninkc money by
lo«scs. Tliis ))ill, if passed, would be the
most odious and inijirinciiiled ever parsed by
Congress.

Auotlier question, sir, occurs to mc : what
sum of money will tliis Ijill abstract from the
treasury ? It says five millions, it is true ; but
it does not say "and no more ; " it does not say
that they will be in full. If the project of pass-
ing this bill should succeed, not only will claims
be made, but next will come interest upon them !
liellect, sir, one moment : interest from 1798 and
1800 to this day ! Nor is there any limitation
of the amount of claims ; no, sir, it would not
be possible for the imagination of man, to invent
more cunning words than the wording of this
bill. It is made to cover all sorts of claims ;
there is no kind of specification adequate to ex-
clude them ; the most illegal claims will be ad-
mitted by its loose phrasco'Iogy !

Again sufltT me to call your attention to an-
other feature of this atrocious measure ; let me
warn my country of the abyss which it is at-
tempcd to open before it, by this and other
similar measures of draining and exhausting the
public treasury !

These claims rejected and spurned by B>ance ;
these claims for which we have never received
one cent, all the payment ever made for them
urged upon us by their advocates being a meta-
physical and imaginary paj-mcnt ; these claims
■which, under such deceptive circumstances as
these, we, sir, aie called upon to pay, and to pay
to insurers, usurers, gamblers, and speculators ;
these monstrous claims which are foisted upon
the American people, let me ask, how are they
to be adjudged by this bill? Is it credible, sir?
They are to be tried by an ex parte tribunal !
Commissioners are to be appointed, and then,
once seated in this berth, they are to give away
and dispose of the public money according to
the cases proved! No doubt sir, they will be
nil honorable men. I do not dispute that ! No
doubt it will be utterly impossible to prove
corruption, or bribery, or interested motives, or
p:(rtialitie8 against them; nay, sir, no doubt it
will be dangerous to suspect such honorable
men ; we shall be replied to at once by the in-
dignant question, " are they not all honorable
men ? " But to all intents and purposes this
tribunal will be an c.v parte, a one-sided tribu-
oal and passive to the action of the claimants.

Again, look at the species of evidence »(
will be invited to appear before these coir.r I
sioncrs ; of what description will it be ? n, , I
is not a thing recent and fresh upon which, ^
<lencc, may be pained. Here are transactji.ni
thirty or forty years ago. The evidence is ;, t..
witnesses dead, memories failing, no tcstimr,.
to be procured, and no lack of claimants, ncitwiif I
standing. Then, sir, the next best cviiKn^l
that suspicious and worthless sort of eviiwl
will have to be restored to ; and this will vi
ready at hand to suit every convenience in irj
quantity. There could not be a more erecthil
and deeper plan than this devised to cniptv il«|
treasury ! Here will be sixty millions exljt,|j
ed as a lure for false evidence, and false claiiK T
an awful, a tremendous temptation fornnatJ
send their souls to hell for the sake of mocerf
On the behalf of the moral interests of my coy
try, while it may yet not be too late, I denonaJ
this bill, and warn Congress not to lend itself;,
a measure by which it will debauch the pud
morals, and open a wide gulf of wrong-doi
and not-to-be-imagined e . il !

The bill proposes the amount of onlv I
millions, while, by the looseness of its woniin
it will admit old claims of all sorts and differe
natures ; claims long since abandoned for <^
sums ; all will come in by this bill ! One I
dred millions of dollars will not pay all tl^
will be patched up under the cover of t
In bills of this description we may see a covcj
attempt to renew the public debt, to make la
and taxes necessary, and the engine ofl
necessary with them ! There are those (H
would gladly overwhelm the country in d
that corporations might be maintained wli
thrive by debt, and make their profits out o
misery and encumbrances of the people.
the people be denied the least repose fromii
ation ? Shall all the labor and exertions of p
ernmcnt to extinguish the public debt t«j
vain? Shall its great exertions to cstatt
economy in tho State, and do away with asif
tern of loans and extravagance, be tliwj;
and resisted by bills of this insidious aim i
character ? Shall the people be prevented ft
feeling in reality that we have no debt;i
they only know it by dinners and public t
ings ? Shall such a happy and beneficial r
of wise and wholesome measures be rcndetd^
in vain by envious eiforts to destroy the ?

ANNO 1835. ANDREW JACKSON', PRF-SIDKNT.

521

species of evidence whij
)car before the,-e coinrr...
iription will it Ic ] H^
and fresh upon whicli n,
. llerearc tran?aeti..ii-i
afro. The evidence is ■:■ »
cries failing, no iMmv.:.-,
) lack of claimants, n(iUvi:h
r, the next best cviiltns,
worthless sort of evi4tft,
tored to ; and this will \^
it every convenience inisy
mid not be a more erKfe,i
n this devised to empty tl»
ill be sixty millions cxliili^
a evidence, and false claiiK;!
Ions temptation for men t.
hell for the sake of moMt,
! moral interests of my cod
'et not bo too late,I denom
Congress not to lend itstlf
ch it will debauch the pull
a wide gulf of wrong-ds
;ined e . ll '•

ses the amount of only
r the looseness of its worfi
laims of all sorts and difl
)ng since abandoned for
me in by this bill ! Onebi
dollars will not pay all tl
p under the cover of this!
ascription we may see a covi
the public debt,tomakcl(
sary, and the engine of I
them! There are those
;rwhelm the country in di
s might be maintained \t
lid make their profits out of-
nbrances of the people. S'
[lied the least repose from
I the labor and exertions ot
inguish the public debt \t
8 great exertions to estaH
State, and do away with aii
nd extravagance, be tlnu"
bills of this insidious aim
ill the people be prevented

jT that we have no debt:
it by dinners and public I

ch a happy and beneficial
.lesorne measures be rendet^i
)us efforts to destroy the ^■

1 r,,n(lrr it impossible for the country to go
jj^vithout borrowing and being in debt ?"

Tlic hill passed the Senate by a vote of 2J to

• !■ but faili'd in the House of lleprescntativcs.

It still continues to importune the two Houses ;

jnl lhou;rl» badled for fifty years, is as perti-

WiouB as ever. Surely there ought to be some

niit to tlicse presentations of the same claim.

t is a game in which the government has no

hiincc. ^'o number of rejections decides any

,ini» ia favor of the government ; a single de-

i<ion in their favor decides all against them.

eneffcd applications become incessant, and

tss ; and eventually must .succeed. Claims

come stronger upon age— gain double strength

(i,j,e_often directly, by newly discovered

i,l^,„ce always indirectly, by the loss of ad-

rsary evidence, and by the death of contcm-
irarios. Two remedies are in the hands of
l^i^^ress— one, to break up claim agencies, by
jwing no claim to be paid to an agent ; the
;her, to break up speculating assignments, by
owing no more to be received by an assignee
kin lie has actually paid for the claim. As-
nees and agents are now the great prosecutors
claims against the government. They con-
tute a profession — a new one — resident at
ashincton city. Their calling has become a
industrial pursuit — and a most industrious
skilful and persevering, acting^on system
in phalanx ; and entirely an overmatch for
succession of new members who come ig-
mtiy to the consideration of the cases which
ly have so well dressed up. It would be to
honor of Congress, and the protection of
treasury, to institute a searching examina-
into the practices of these agents, to see
thcr any undue means are used to procure
legislation they desire.

CHAPTER CXXI.

EMPTED ASSASSINATION OP PEESIDENT JACK-
SON.

Friday, the 30th of January, the President

I some members of his Cabinet, attended the

I ceremonies of Warren R. Davis, Esq., in

all of the House of Representatives- -of

which bo<ly Mr. Davis had been a member from
the State of South Carolina. J'lie procession
had moved out with tlio bmly, ami it< front hai!
reached the foot of the broail steps of the eastern
portico, when the President, with Mr. Wood-
bury, Secretary of the Treasury, and Mr. Mahlon
Dickerson. Secretary of the Navy, were issuing
from the door of the great rotunda— which
opens upon the jiortico. At that iu-tant a per-
son stepped from the crowd into the little open
space in front of tlie President. le\ oiled a pistol
at him. at the distance of about ci^ht feet, and
attempted to fire. It was a pt.'rcussion lock,
and the cap exploded, w^ithout firing the powder
in the barrel, lite explosion of the cap was so
loud that many persons thought the pistol had
fired : I heard it at the foot of the steps, far
from the place, and a great crowd between. In-
stantly the person dropped the pistol which
had missed fire, took another which he held
ready cocked in the left hand, concealed by a
cloak — levelled it — and pulled the trigger. It
was also a percussion lock, and the cap exploded
without firing the powder in the barrel. The
President instantly rushed upon him with his
uplifted cane : the man shrunk back ; Mr. Wood-
bury aimed a blow at him ; Lieutenant Gedncy
of the Navy knocked him down ; he was secured
by the bystanders, who delivered him to the
ofiicers of justice for judicial examination. The
examination took place before the chief justice
of the district, Mr. Cranch ; by whom he was
committed in default of bail. Ilis name was
ascertained to be Richard Lawrence, an English-
man by birth, and house-painter by trade, at
present out of employment, melancholy and
irascible. The pistols were examined, and found
to be well loaded ; and fired afterwards without
fail, carrying their bullets true, and driving them
through inch boards at thirty feet distance;
nor could any reason be found for the two fail-
ures at the door of the rotunda. On his ex-
amination the prisoner seemed to be at his ease,
as if unconscious of having done any thing
wrong — refusing to cross-examine the witnesses
who testified against him, or to give any ex-
planation of his conduct. The idea of an un-
sound mind strongly impressing itself upon the
public opinion, the marshal of the district in-
vited two of the most respectable physicians of
the city (Dr. Caussin and Dr. Thomas Sewell),
to visit him and examine into his mental con*

522

THIRTY YEARS' YIEW.

dition. Tlipy did so : and the following is the
report which they made upon the case :

'•The tiiidorsin;ne<l, havinp l)oon reqiieste<l by
the niarshiil i.f the Dih-trict of C'ohnuhia to visit
IJichard l-iiwrince, now conlined in the jail of
the county of Wawhinpton, for an attempt to
assassinate tlie President of the United Stites,
with a view to ascertain, as far as practicable,
tiic present condition of his bodily health and
state of niin<l, and believing that a detail of the
exatniimtion will be more satisfactory than an
abstract npinion on the subject, we therefore
give the followin;? statement. On entering his
room, we enjra;;ed in a free conversation with
him, in whicli he participated, api)arently, in the
most artless and unreserved manner. The first
interrogatory jjropounded was, as to his age —
which queslion alone he sportively <leclined an-
swering. \Ve then inquired into the condition
of his health, for several years past — to w'nich
he leplied that it had been uniformly good, and
that he bad never labored under any mental
derangement; nor did he admit the existence
of any of those symptoms of phj'sical derange-
ment which usually attend niental alienation.
He said ho was born in England, and came to
this country when twelve or thirteen years of
age, and that his fs ther died in this District,
about six or eight years since ; that his father
was a Protesta nt and his mother a jlethodist .
and that he was not a professor of anj- religion,
but sometimes read the Bible, and occasional-
ly attended church. lie stated that he was a
painter by trade, and had followed that occupa-
tion to the present time ; but, of late, could not
find steady employment — which had caused
much pecuniary embarrassment with him ; that
ho had been generally temperate in his habits,
using ardent spirits moderately when at work ;
but, for the last three or four weeks, had not
taken any ; that he had never gambled, and, in
other respects, had led a regular, sober life.

" Upon being interrogated as to the circum-
stances connected with the attempted assassina-
tion, he said that he had been deliberating on
it for some time past, and that he had called at
the President's house about a week previous
to the attempt, and being conducted to the
President's apartment by the porter, found him
in conversation with a member of Congress,
whom he believed to have been Mr. Sutherland,
of Pennsylvania ; that he stated to the Presi-
dent that he wanted money to take him to Eng-
land, and that he must give hirn a check on the
bank, and the President remarked, that ho was
too much engaged to attend to him— '^'s must
call another time, for Mr. Dibble was in ..aiting
for an interview. When asked about the pis-
tols which he had used, he stated that his father
left him a pair, but not being alike, about four
years since he exchanged one for another, which
exactly matched the best of the pair; these
were both flint locks, which ho recently had
altered to percussion locks, by a Mr. lioteler ;

that ho had been frequently in the hiibitJi
loading and firing those pistols at nmri<.<.jo
that he had never known them to fiiil cqh]^,!
on any other occasion, and that, at tlifiiist;|,^J
of ten yards, the ball always passul tliroii;!, 1
inch plank. He also btated that he hud lot,;,.,
those pistols three or four days previoufi, „,•«
ordinary care, for the purpose attempted; h,,
that he used a {lencil instead of a rumrfHj' jd^ |
that during that period, they were at all tin,,
carried in his pocket ; and when asked wtr I
they failed to explode, he replied he knew ri I
cause. When asked why ho went to the caiiiiJ I
on that day, he replied that he expected ilut I
the President would be there. He also stjite,! I
that he was in the rotunda when the Vrnvkii
arrived ; and on being asked why he did nn
then attempt to shoot him, he replied that It
did not wish to interfere with the funeral (x^
mony, and therefore waited till it was over, ij,
also observed that he did not enter tlie kail,
but looked through a window fi-om a lobbv.jji
saw the President seated with members ofCoo.!
gross, and he then returned to the rotunda, ai^
waited till the President again entered itaalj
then passed through and took his positioDj
the east portico, about two yards from the (!«
drew his pistols f'om his inside coat pockt;
cocked them and held one in each hand,c<J
cealed by his coat, lest he should alarm m
spectators — and states, that as soon as the J
in the right hand missed fire, he iiumcdiatflrl
dropped or exchanged it, and attempted to liii
the second, before he was seized ; he furtlj
stated that he aimed each pistol at the P^
dent's heart, and intended, if the first pistol 1;
gone off, and the president had fallen, to iitn|
defended himself with the second, if defence li
been necessary. On being asked if he (
expect to have been killed on the ;,pot, if heh
killed the President, he replied he did not;i
that he had no doubt but that he would kj
been protected by the spectators. He wast
quently questioned whether he had any fiia
present, from whom he expected protection.
this he replied, that he never had mentioned ii
intention to any one, and that no one in ]
lar knew hia design ; but that he presumdij
was generally known that he intended to p
the President out of the way. He furthersUlii
that when the Presideiit arrived it the k
near which he stood, finding him supported^
the left by Mr. Woodbury, and observing n
persons in his rear, and being himself ratki
the right of the President, in order to vi
wounding Mr. Woodbury, and thosf, in then
he etepi)ed a little to his own right, so tl
should the ball pass through the bodyofti
President, it would be received by tiie dm
frame, or stone wall. On being asked if tei
no trepidation during the attempt: He rc[i
not the slightest, until he foimd that the i
pistol had missed fire. Then observinf; tbitil
President was advancing upon him, withu^
lifted cane, he feared that it contained a sn

A "XO 18:!5. ANDKKW JAl'KSON. ritl>II»r.NT.

jquently in tlu> haVit,!
nse pistols at iimrkMini
own them ti> fiiil poiiijc;!
I, and tliftt. at tlic ilisUi/^^
alwaVH i)aw<ul tlinm;;!, ,j
btated tliat he liiul lobie.;
r four days i)rcvi<)\iH, w,,!
) purpoBC attcnijitcil ; Li;[
instead of a riitnrfxl, jmi
iod, they were at all tutu,
it ; and when asktil wkr
le. he replied he knew a
why ho went to the ca|*j
ied that he expected tha
, bo there. He also stateil
otunda when the Prtjidnt
irg asked why he did n
oot him, he replied that hi
rfere with the funeral »«.
I waited till it was over. Ui
he did not enter tlie h»L
a window from a lobby.ul
looted with members of Cm.'
returned to the rotHnda,jr^
sident again entered it. nai
'h and took his position a
^ut two yards from the iio«
-om his inside coat pijcbu
held one in each hand, at
t bst he should alarm tin
tates, that as soon as the on
missed fire, he immcdiatelj
Iged it, and attempted tot
3 he was seized ; he fiirtl
led each pistol at the Pi
ntended, if the first pistol
president had fallen, to k
vith the second, if defence^'
On being asked if he did
en killed on the i.pot, if he
•nt he replied he did not;
)ubt but that he would In
rthe -.pectators. lie was'
id whether he had any tiii
m he expected protection, fl
lat he never had mentioned
me, and that no one in parti
ign; but that he presumed:
lown that he intended to
; of the way. lie further Et>l
'residciit arrived it the d«
ood, finding him supported
Woodbury, and obscrvingmi
ar and being himself nthetl
. President, in order to «(
oodbury, and thos(, in thc-
ttle to his own right, so
pass through the bodyo
ould be received by thed(
ft-all. On being asked if lie
uring the attempt : Ue ret
t. until he found that the K
dfiro. Then observing thit
dvancing upon him, withui
cared that it contained a si"

tii'h niiiit't have bi'cii thrust thrnujtli liini Ik--
i, .Ikti'uM linvc hfcii protectid by the crowd.
'^ItthiMi iiiterrf>pited us to the motive which
IiiokI liini to atti-mpl the assassination of the
, l,l^.nt. he replied, that lie had been told that
Iv.. ['resident ImhI caused liis Ioha of occupation,
r I dig consequent want of money, and he be-
tn,(l that to put him out of the way, was the
V. remedy for this evil ; but to the interropa-
orv who told yoii this? he could not identify
nv one. hut remarked that his brother-in-law,
•; Kodfcrn, told him that ho would have no
iiK business, because he was opposcvl U> the
L,ident— and he believed Rcdfern to be in
aiiie with the President against him. Again
iiiv questioned, whether ho had often attended
ke debates in Congress, during the present
s«iijn and whether they had inlluenced him
^raakin? this attack on the person of the Pre-
sent, hc"^ replied that he had frequently attend-
tlie discussions in both branches of Con-
ess, but that they had, in no degree, influenced
J action.

[•• Upon being asked if ho expected to become
L pivsident of the United States, if Gen. Jack-
1 had fallen, he replied no.
!'• When asked whom he wished to bo the Pre-
{"nt, his answer was, there were many persons
[the ilouse of Representatives. On being asked
there were no persons in the Senate, yes, sc-
1 • and it was the Senate to which I alluded.
ho in vour opinion, of the Senate, would
Ike a pood President? He answered, Mr.
Iv. Mr. Webster, Mr. Calhoun. AVhat do
'think of Col. Benton, Mr. Van Buren, or
dj:e White, for President ? He thought they
aid do well. On being asked if ho knew
•member of cither house of Congress, ho re-
. that he did not — and never spoke to one
b life, or they to him. '^n being asked what
efit he expected himseif from the death of
President, he answered ho could not rise
fss the President fell, and that ho expected
icby to recover his liberty, and that the
Jhanics would all be benefited ; that the mo-
nies would have plenty of work ; and that
ey would be more plenty. On being asked
it would bo more plenty, he replied, it
lid be more easily obtained from the bank.
einj! asked what bank, ho replied, the Bank
lie United States. On being asked if he
the president, directors, or any of the offi-
jof the bank, or had ever held any inter-
ee with them, or knew how ho could get
ey out of the bank, ho replied no — that he
ktly knew Mr. Smith only.
)n beinp isked with respect to the speeches
" he had heard in Congress, and whether
« particularly plea.sed with those of Messrs.
Jim, Clay, and Webster, ho repUed that he
[because they were on his side. He was
I asked if he was well pleased with the
ks of Col. Benton and .fudge White ? Ho
jiBwas and thought Cot. Beutoa highly
cd.

'•When asko*! if he wa* fricmlly to (ivti.
.Jackson, he replied, no. Why not. ' lie lui-
swered, iK-cause In: was a ty'niiit. Wl.o tnbl
you he was a tyrant ? He nuswered. it w.is w
common talk with the jMw.pK", aiwl tliat he had
reail it in all the pajKis. lie was asked if lu'
coulil name any one who had told him so f lie
replied, no. lie was asked if he evir thr( atoned
to shootMr. Clay, Mr. Webster, or .Mr. ("nlhnmi,
or whether he w ouM shoot them if he had nil
opportunity? Hi replied, no. Wlieii asked if
ho wouhl shoot Mi. VanBurcii? He replied,
no, that he once met with Mr. Van Bureii in
the rotunda, and told liiu he was in want of
money and must have it, and if he did not pet
it he (Mr. Van Buren), or Gen. Jackson must
fall. Ho was asked if any person were present
during the conversation? Ho replied, tliat
there were several present, and when nsked if ho
recollected one of them, ho replied that lie did
not. When nsked if any one advised him to
shoot Gen. Jack.son, or say that it ought to be
done? He replied, I do not hke to say. On
being pressed on this point, he said no one in
p rticular had advised him.

• Ho further stated, that helieving the Presi-
dent to be the source of all his dilllculties, he
was still fixed in his purpose to kill him, aiul if
his succcessor pursued the same course, to put
him out of tho way also — and declared that no
power in this country could puni.sh him for
having done so, because it would be resisted by
the powers of Europe, as well as of this country.
Ho also stated, that ho had been lon;^ in coi j-
spondence with the powers of Europe, and that
his family had been wrongfully deiirived of the
crown of England, and that he should yet live
to regain it — and that he considered tho Presi-
dent of the United States nothing more than
his clerk.

'• We now think proper to add, that the young
man appears perfectly tranquil and unconcerned,
as to tho final result, and seems to anticipate no
punishment for what he has done. The above
ccntains the leading, and literally expressed
fav";ts of tho whole conversation we had with
bin;, which continued at least two hours. Tho
questions were frequently repeated at different
stages of the examination ; and presented in
various fomis."

It is clearly to be seen from this medical ex-
amination of tho man, that this attempted
assassination of the President, was one of tlio.so
cases of which history presents many instances
— a diseased mind acted upon by a general outcry
against a public man. Lawrence was in tho
particular condition to be acted upon by what
he heard ogainst General Jackson; — a work-
man out of employment — needy — idle — men-
tally morbid ; and with reason enough to argue
regularly from false premises. He heard the

524

THIRTY VEAIW VIKW.

'Ikv

PrrHi'lont acciicod of brfukinp up the lalior of the
country ! and bt-licvcd it — of nialtin;? money
scarce ! and he believed it — of producing the
distress! and believed it — of being a tyrant!
and believed it — of bciriir nn '•'•staclo to all re-
lief ! and belicv( ;' it. atu! (r»!ning to a regular
conclusion fi itu all ti\cse belielfc, he attempted
to do what hi i)ercr" the ?;itc oJ tJings re-
quired him t(> <Io -inKc the life A 1 ? man
whoiu ho consKicreJ (hr -.olt! .use vS iv, own
and tl. ! general f .ilamity — and the s -'u' t'bstacle
to his ov.n and tu. gcnei-al happiness. Halluci-
nation of miiid was evident; and the vreiched
victim of a drcailful delusion was afterwards
treat-'l a.-: in^imc, and nevor brr -ght ;> trial.
But the ciicunistunce made a <\v<:\t impression
upon die J ul'!ic foci 'hj.^, it. I irre-^i-itibly carried
man/ miraU- to the helief h- a siip<.nntending
Providence, inanirostctl in the extraordinary case
of two pistols in succession — so welL loaded, so
coolly handled, and which afterwards fired with
Buch readiness, force, and precision — missing
fire, each in its turn, when levelled eight feet at
the PresiiUnt's heart.

CHAPTER CXXII.

ALABAMA EXPUXOINO KES0LUTI0X3.

Mr. King, of Alabama, presented the preamble
and joint resolution of the general assembly of
his State, entreating their senators in Congress
to use their " untiring efforts " to cause to be
expunged from the journal of the Senate, the
resolve condemnatory of President Jackson, for
the removal of the deposits. Jlr. Clay desired
to know, before any order was taken on these
resolutions, whether the senator presenting
them, proposed to make any motion in relation
to expunging the journal ? This inquiry was
made in a way to show that Mr. King was. to
meet resistance to his motion if he attempted it.
The expunging process was extremely distaste-
ful to the senators whose act was proposed to
be stigmatized ; — and they now began to be
sensitive at its mention. — When Sir. Benton
first gave notice of his intention to move it, his
notice was looked upon as an idle menace, which
would end in nothing. Now it was becoming a

serious proceeding. The States were tik-
up. Several of them, tliroiiph their IcgL-ln^l
— Alabama, Mississippi, New Jersey, Nivr-y ^l
North Carolina — had already given tliefatji
structions ; and it was certain that more «f
follow. Those of Alabama were the first r„
sonted ; and it was felt necessary to make
against them from the beginning. Htncc. tUijiri
rogatory put by Mr. Clay to Mr. Kinj;— iii(. „.,
ry whether he intended to move an cxpim
resolution ? — and the subsequent motion to NJ
the resolutions of the State upon tlie taUv ii '■
answered negatively. Now Ii, vms not the ii
tention of Mr. King to move the ex|mn"ioT
solution. It was not his desire to take that';J
siness out of the hands of Mr. Benton, wliol
conceived it — made a speech for it— {,'iTin noiid
of it at the last session as a measure for the c
sent one — and had actually given notice at i
present session of his intention to otler thf t
solution. Mr. King's answer would ntccssji
therefore, bo in tlie negative, and Mr. Clail
motion then became regular to lay it upoj J
table. Mr. Benton, therefore, felt himsclfo
upon to answer Mr. Clay, and to recall to il
recollection of the Senate what took pkctJ
the time the sentence of condemnation 1
passed ; and rose and said :

" He had then ^at the time of pas«inf il
condemnatory resolution), in his place, (rivenii
mediate notice that he should conimence a -ai
of motions for the purpose of e.\pungin» j
resolutions from the journals, lie hadli
made use of the word expunge, in contradisfii|
tion to the word repeal, or the word reven
because it was his opinion then, and that opia
had been confirmed by all his subsequent r4
tion, that repeal or reversal of the rtsolii^
would not do adequate justice. To dot
would require a complete expurption o'l
journal. It would require that process fi
is denominated expunging, by which, to the |(
sent, and to all future times, it would be i
cated that that had been placed Ujion thej^
nals which should never have gone there.
had given that notice, after serious retlec
that it might be seen that the Senate i
trampling the constitution of the Unitd iti
under foot ; and not only that, but also then
forms, to say nothing of the substance, i^
criminal justice.

"He had given this notice in obedieD«|
the dictates of his bosom, which werei'
wards sustained by the descision of his 1
without consultation with any other perwn,^
after conference only with himself and hL'J
To a single human being he had said Ibtl

ANNO 1835. ANDREW JACKSON. I'ltlvSIDKNT.

5-25

Tl>e StatcH wcreuknt;!
II, throuph their legUht-a,!
ppi, New Jersey, Niw-Y^rvl
(I already given tlm fau, ,.'
k'as certain that moro *ti,;^
ilahuma were the first p
elt necessary to make l„>i
c beginning. Hence. thtiutrtj
Clay to Mr. Kill};— ilie icn
ndcd to move an cxjitm
he subsequent motion to 'J
he State upon the talk if ^)
[y. Now If 'vns not the u
ig to move the expun^iin:
lot his desire to talic thit'«|
lands of Mr. Benton, wlwl
c a speech for it— givtn m^
ssion as a measure for llie j
I actually given notice at i

his intention to otl'cr thf
ng's answer would nectss
,ho negative, and Mr. CIj]^
mc regular to lay it up t
n, therefore, felt himself c
ilr. Clay, and to recall to i
,e Senate what took place j
ntence of condemnation:

and said :

(at the time of passinjil,
solution), in his plnce. given l
lat he should commence a>eiil
the purpose of expungin'iT
I the journals, lie had tit
word expunge, in contra&ti
[ repeal, or the word revtj
is opinion then, andtliatopini
aed by all his subsequent nil
1 or reversal of the rtsotf
idequate justice. To do S
a complete expurgation o'j
)uld require that process ^
expunging, by which, to thei^
future times, it would be i
had been placed u^ion thert
dd never have gone there. '
notice, after serious rderf
be seen that the Senate i
onstitution of the United Sa
I not only that, but also ttefl
lothing of the substance, il

■en this notice in obedicwj
1 his bosom, which were'
•d by the descision of his
tation with any other pewM
e only with himself an; lus«
iman being he had said tW

I , ,1 Jo it, but he hod not consulted with ony
(. In the ordinary routine of bu.«iness, no
* I niorc reiidy to consult with his friend.-t,

• wasi

,1 tirdif'r to their oi)imon8, than he was; but

r,. wen' some occasions on which he held

",,„.|1 with no man, but took his own course,

illiimt reL'ardtoconscdUonces. It would have

, II a mutter of entire Indilleroncc with him, ha<l

V ivliiile .*>fniite risen as one man, and declared

,1, termini'''"" to give a unanimous vote against

It would have mattered nothing. He

wild not liavo deferred to any human being.

,tnated bv these feelings he had given notice

his intention in the month of May ; and in

(jience to that determination ho had, on the

, jny of the session, laid his resolution on

e table, in order to keep the matter alive.

This brought him to the answer to the que.s-

n proposed. The p^sentation of the resolu-

iis of the legislature of Alabama atlbrded a

. and proiH'v occasion to give that public notice

riiich he had alre.idy informally and privately

ivcn to many members of the Senate. lie had

(1 tiiat he s'hould bring forward his resolution

tlie earliest convenient time. And yesterday

viiin", when he saw the attempt which was

„e to give to a proceeding emanating from

kPosI Office Committee, and to which, by

unanimous consent of that committee, a

[ilative <lirectiou had been assigned, a new

J, by one of the senators from South Caro-

la. so as to make it a i)roceeding against per-

in contradistinction to the public matters

(lied in the report ; when he heard these

•sons assailed by one of the senators from

iiith Carolina, in such a manner as to prevent

[wssibility of doubt concerning them ; and

icn lie discovered that the object of these gentle

tnwasimpeachment in substance, if not in form,

did at once form the determination to give

ice this morning of his intention to move his

iution at the earliest convenient yjcriod.

This was his answer to the question which

been proposed.

Mr, King, of Alabama, said he was surprised

lear the question of the honorable senator

Kentucky, as he did not expect such an

juiry : for he had suppo.sed it was well under-

d by every member of the Senate what his

jments were in regard to the right of in-

iction. The legislature of Alabama had in-

icted him to pursue a particular cour.se, and

ihould obey their instructions. With regard

the resolution to which the legislature alluded,

merely say that he voted against it at

time it was adopted by the Senate. His

ion as to it was then, as well as now, per-

y understood. If the gentleman from

iouri [Mr. Benton] declined bringing the

ct forward relative to the propriety of ex-

ing the resolution in question from the

1 of the Senate, he, himself should, at

proper time, do so, and also say something

e great and important question as to the

I of instruction.

Now, that might be ad-

mitted in its fullest exti-nf. He licM lijs plac»'
there, subject to the coiitml «.f the hnislulnre
of Alnlmma, and wliiiuvir tluir instructions
reached him, he shouM Ih- p>viTiiid by tliiin.
He made this stiktfuunt without iiiliring inlo
the consideration of the propriety or inipnipriitv
of senatoi.^ e.xerci.sing their own' judgiurulas to
the course they deemed most prujxT to piir,>iu'.
For hiinsolf. never having dinililed the right of
a li'gislttture to instruct tlu-ir siniitDrs in Con-'
gress, he should consider him.sfir ciiliialile if ho
did not carry tlieir wishes into itUcI, when pro-
iwrly expressed. And he had hoju'd ihire wmild
have been no expression of the Senate at this
time, a.s he was not disposed to enter into a dis-
cussion then, for particular rcu.sons, which it
was not necessary he should state.

"As to the pi opriety of acting on the sub-
ject then, that would depend ujion the opinions
of gentlemen as tc the importance, the great im-
portance, of having the journal of tlio Senate
freed from what nuiny supiwsed to he an uncon-
stitutional act of the Senate, although tho
majority of it thought otherwise. He would
now say that, if no one should bring forward a
proposition to get tho resolution exjjunged, ho,
feeling himself bound to obey the opinions of
the legislature, should do so, and would vote for
it. If no precedent was to be found for such
an act of the Senate, he should most unhesita-
tingly vote for expunging the resolution from the
journal of the Senate, in such manner as should
be justified by precedent.

'• Mr. Clay said tho honorable member from
Alabama had risen in his place, and presented
to tho Senate two resolutions, adopted by the
legi.slature of his State, instructing h',n and his
colleague to use their untiring exertions to cause
to be expunged from the journals of the Senate
certain resolutions passed during the last ses-
sion of Congress, on the subject of the removal
of the deposits from the Bank of the United
States. The resolutions of Alabama had been
presented ; they were accompanied by no mo-
tion to carry the intentions of that State into
effect ; nor were they accompanied by any inti-
mation from tho honorable senator, who pre-
sented them, of his intention to make any pro-
position, in relation to them, to the Senate.
Under these circumstancer, the inquiry was
made by him (Mr. C.) of the senator from Ala-
bama, which he thought the occasion called for.
The inquiry was a very natural one, and he had
learned with unfeigned surprise that the senator
did not expect it. He would now say to the
senator from Alabama, that of him, and of him
alone, were these inquiries made ; and with re-
gard to the reply made by another senator (Mr.
Benton), he would further say, that his relations
to him were not such as to enable him to know
what were that senator's intentions, at any time,
and on any subject, nor was it necessary he
should know them.

" He had nothing further to say, than to ex-
press the hope that the senator from Alabama

526

THIRTY YEARS' VIKW.

Willi. I, fir the present, withdraw tho rcrolij-
Imin he had pre-ontcci ; aptl if. nfttT ho had
«• (Tisulled pn-cfdentM. and a careful examination
«»f thi' constitution of the I'nited StatcH, he finds
tlmt ho can, conHistently with them, make any
jjropositions for tho action of the Senate, he
(.Mr. C.) would 1)0 wiilin'^ to receive the resolu-
tions, and pay to them all that attcntirm and rc-
ni)ect which the proceedinps of one of the States
of this Union merited. If the pciitleman did
not jnirsue that course, ho should feel himself
t)ound, by every consideration, by all the obli-
pations which bo\md a public man to discharge
his duty to Ins Ood, hi.s country, and his own
honor, to resisi such an unconstitutional proce-
dure ns thcrccci tion of these resolutions, with-
out tho expressed wiah of tho legislature of Ala-
bama, and without any intimation from her
senators, of any proposition to bo made on them,
at the very threshold. Ho did hope that, for
the present, the gentleman would withdraw these
resolutions, and at a proper time present them
with some substantive proposition for the con-
sideration of tho Senate. If he did not, the do-
bate must go on, to the exclusion of tho impor-
t.int one commenced yesterday, and which every
gentleman o.vpocted to bo continued to-day, a.s
he should in such case feel it necessary to sub-
mit a motion for the Senate to decide whether,
under present circumstances, the resolutions
could be received.

'■ Mr, Clay declared that when such a resolu-
tion should be olfercd he should dischnrge the
duty which ho owed to his God, his country and
his honor.

"Mr. King of Alabama, had felt an unw'lling-
noss from the first to enter into this discussion,
for reasons which would be understood by every
gentleman. It was his wish, and was so under-
stood by one or two friends whom he had con-
sulted, that tho resolutions should lie on the
table for tho present, until the debate on another
subject was disposed of. In reply to the sena-
tor from Kontuc'.cy, ho must say that he could
not, situated as he was, accede to his proposition.
His object certainly was to carry into effect the
wishes of the legislature of his State ; and ho, as
well as his colleague, felt botmd to obey the will
of tho sovereign State of Alabama, whenever made
known to them. He certainly should, at a pro-
per time, present a distinct proposition in rela-
tion to these resolutions for the consideration of
the Senate; and the senator from Kentucky
could then have an opportunity of discharging
"his duty to his God, to his country, and his
own honor,' in a manner most consistent with
his own sense of propriety.

"Mr. Clay would not renew the intimation of
any intention on his part, to submit a motion to
the Senate, if there was any probability that the
senator from Alabama would withdraw the reso-
lutions he had submitted. He now gave notice
that, if tho senator did not think fit to withdraw
them, he should feel it his duty to submit a pro-
position which would most probably lead to a

debate, and prevent tho one commcnrcQ y^^
day from being resumed to-day.

'■ Mr. Calhoun moved that tho re«o!iitii,ti i
laid upon the table, to give the senat(,r fr
Alabama [Mr. King], an opi)ortunity to 1,^,^1
a resolution to accomplish the meditated inm^j
of rcsrinding the fonner resolutions of tho s^jl
I confes.'^, sir (observed Mr. C), I feel s„||i(. ,
riosity to see how tho senator from J[\i\,
will reconcile such a proceeding with tin. f.,!
and independent existence of a Senate. | j, .
sir, a great curiosity to hear how that pent), n
proposes that the journals are to be kept, ifju,
a procedure is allowed to take effect. { f.\;,.M
like to know how he proposes to rciK-nlaj.jj
nal. By what strange process he would -Kvi,, J
facts, and annihilate events and things whiduJ
now the depositories of history. AV hen he <
have satisfied my curiosity on this partiolu
then there is another thing I am anxious to Ijeij
formeil upon, and that is, what form, what stn
and new plan of procut ding, will he supf.'cstforj
adoption of the Senate? I will tell him; !j
show him the only rcEOurce that is left, the p
to which ho neces.'- rily comes, and thatisitjl
he will be obliged to declare, in his rtsoliiti
that the principle upon which the Senate artii
was not correct ; that it was a false and emi»
ous principle. And let mo ask. what wa.? tk
principle, which now, it seems, is to b« dest™
ed 1 The principle on which the Senate acitj
the principle which that gentleman cnpipj n
overthrow, is this : 'we have a right toexfitt
our opinion.' Ho will bo compelled to da
that; or, perhaps, he may take refuge from 4
a predicament by qualifying his subversinl
this first principle of legislative freedom, .J
how will no qualify the denial of this princi;i(l
that is, how will ho deny it, and yet appawa
maintain it ? He has only one resource 1
and that is, to pretend that we have a rigkiJ
express our opinions, but not of the Presife
This is the end and aim ; yes, this is tlieineviu
con.sequence and result of such an extraordia
such a monstrous procedure.

" So then, it is come to this, that the Sea
has no right to express its opinion in relatioiii|
the Executive ? A distinction is now set iipi(
tween the President and all other officers,!
the gentleman is prepared with a rcsoliitMll
give eflTect and energy to the distinction;
now, for the first time that such a doctrincN
ever been hoard on the American soil, heisji
pared to profess and publish, in the faceofil|
American people, that old and worn-out do;
of old and worn-out nations, 'the King nmi
wrong!' that his oflScers, his ministers, are il
responsible ; that wo shall be permitted peri
to utter our opinions of them ; but a unaainn
opinion expressed by the Senate, in relatioil
the President himself, is no longer suffcwi|
exist, is no longer permitted to be given; its
be expunged fiom tho journals.

I confess I am agitated with an intense o
osity : I wish to see with what ingenuitvotd

ANNO isns. ANnUFAV .fA«"KS<)S. PItKslDKNT.

5-27

the one commcncca yt^i
mod to-day.

red that the r(>«oInti. n ij
, to pivo the scniiti.r fr,
I, an opi)ortiinity t'i|,p]
iplish the meditated |iiir;'«_
nor rosohitions of the S. 14: J
rod Mr. C), I feel smn,. J
the senator from Ali'vJ
a proceeding with \.h (>
iHtence of a Senate. If,
r to hear how that prptiil mt,
Mimals arc to lie keitt. \U^
i'cd to take effect. I si/ 1^
10 proposes to rei)ealaj.j.
inge process ho would 'Iwi,,
« events andthinj^whitini
!8 of history. AVhenhc-V
curiosity on this partimli
ur thinp! I am anxious to U
nat i^, what form, what sttai
»cci < ling, will he 8Ufr!:o?t for
nato? I will tell him; I
f resource that is left, the [ ^
-rily comes, and tlmtislrji:
I to declare, in his resoliit
upon which the Senate at
that it was a false and m.
nd let mo ask, what wa.« iL,
low, it seems, is to be de%
,le on which the Senate actt'
ch that gentleman eniniai
! ; ' we have a right to exfi,
e will be compelled to dci
[. he may take refuge from-n
f qualifying his subversion
e of legislative freedom. L
ify the denial of this princi;*,
he deny it, and yet apparaij
[e has only one resource Itf
retendthat we havearifhl
ions, but not of the Pre*
, aim ; yes, this is the inevitis
esult of such an extraorJir-
s procedure.
8 come to this, that the Sei
sxpress its opinion in relaliaii
A distinction is now set up'
dent and all other officers,
J prepared with a resokta
energy to the distinction; f
t time that such a doctriiic
on the American soil, he is;
and publish, in the faceol
-i that old and worn-out do;
-out nations, 'the King canoi
s officers, his ministers, are
it we shall be permitted pc
nionsofthem; butaunaiii
ged by the Senate, in reto
imself, is no longer suftcrei
er permitted to be given ;itiii

)m the journals.

n agitated with an intense

see with what ingenuity of

I 1 ,]ji,jr,iiHc the Senate id to \te rtnluci'd to th(

I Vnih lipi^li'tion of Konaparte's Senate. Thii

(•!<tioii hriiip* on the isnuc. ""'•'-

the!

id I
Ti TV ou'"'*""" "i"'n" '•>' ""-• i-niH-. I ni8 very
,'l»i.iti'in of expunging our resolutions \n the
.-tion iu which the expunging of our legisla-
, fr. Iiiiu and iiidependeniH! is to Iw agitated.
,,,;jf,..i.i I long to fee the strange extri'niitie.s
l|„ uhiih the gentleman will come. It is a ()ues-
, „t ihr utmost magnitude; Ian anxious to
it hri'ii-'lit on; two senators (Messrs. Ben-
in and King 'i' Alabama] have pledged them-
Ivisio bring it forward. They cannot doit
«,P(i"Ui— ''ii'V cannot too soon expose the hor-
1,|^. r, 4 of the condition to which our coun-
rv is riduced. I hope they will make no dc-
\'v' let tiieni hasten in their course; let them
K. iiu time ill their effort to expunge the Se-
te. and dissolve the system of government and
institution. Yes, I entn-at them to push their
liilH-rate jiurjioso to a resolve. They have now
iven origin to u question than which none
rliaps is, in its effects and tendencies, of deep-
ami more radical importance ; it is a question
ore important than that of the bank, or than
t of tlic I'ost Office, and I am exctcdinerly
sions to see how far they will carry out the
trine tliey have advanced ; a doctrine as en-
ring and as despotic as any that is maintained
tiie Autocrat of all the Russia.'!. To give them
opportunity, I move to lay the resolutions
the table, and I promise them that, when they
ive their resolution, I will be ready to take it

["Mr. Clay said that the proposition to receive

; resolutions was a preliminary one, and was

! question to which he had at first invited the

kention of the Senate. The debate, certainly,

yi been very irregular, and not strictly in or-

He had contended, from the first, for the

jrpose of avoiding an interference with a de-

kc on another subject, that the subject of the

pama resolutions should not bo agitated at

it time. The senator from Alabama having

used to withdraw these resolutions, he was

upcllcd to a course which would, in all pro-

liility, lead to a protracted debate.

'Mr. Clay then submitted the following :

flksoked. That the resolutions of the legis-

fire of Alabama, presented bj' the senator

I that State, ought not to be acted upon by

j Senate, inasmuch as they are not addressed

the Senate, nor contain any request that they

Uaid before the Senate ; and inasmuch, also,

hat which those resolutions direct should be

^e, cannot be done without violating the con-

Btion of the United States."

iMr. Calhoun here moved to lay the resolu-

p on the table, which motion took prece-

of Jlr. Clay's, and was not debatable.

Iwithdrew it, however, at the request of Mr.

jton.

IMr. Benton said an objection had been raised

|he resolutions of Alabama, by the senator

I South Carolina and the senator from Pela-

f, to which he would briefly reply. Is'ced

ho refer tbo-o gentlompn to the c> !r«e of th'-ir
own readinu' / he would refir tlu'in to tin- raoe
in B .State contiL'uoiis to .'*oulh I'amiiu.v, wlioro
certain proei'eiiiuirs of it- icgislatun' win! \>t\\f
licly burnt, ri'lio journal of the Vii zoo fraud,
in (it'orgia.) Nird lie mMit tbi-iu to tin- rase of
^^'ilkes 7 whore the Urititli Ibimc of ConinionH
expunged ('crlaiu prorei'diiiers from tiiiir I'liinial
— expMimi'd ! not by the chihlisli priKo-i of send-
ing out for every copy and cutting' a leaf IVnui
each, but by a more etllTttial procc-s. Hi' would
desorilie the iikuIuh as he read it in the parlia-
mentary bi.story. It was this: Tluio was a
total susii<.'nsion of business iu the House, ami
the clerk, taking the ollicial Journal, the o!i;.'inal
record of its procei'dincrs. and nadiiig the clause
to 1)0 expiiiiged, obliterated it, word after word,
not by making a Saint Andrew'.s cross over the
clause, as is sometimes done in old accounts,
but by com]detely erasing out every letter.
This is the way expunging is dont', and this i.s
what I projiose to get done in the Senate, through
the power of the petiple, upon this lawless con-
demnation of President Jack.'-on : and no sys-
tem of tactics or manaMivros shall iruvent me
from following up the design according to the
noticL" given yestenlay.

" Mr. King of Alabama, in reply, said that
when the proper time arrived — and he should
use his own time, on his own resjionsibility — he
would bring forward the resolution, of which the
senator from Mis.souri had given notice, if not
prevented by the previous action of that gentle-
man, lie had no doubt of the power of tl;o
Senate to repeal any resolution it had adopted.
What ! repi>nl facts ? asked the senator from
South Carolina. He would ask that gentleman
if they had it not in their power to retrace their
steps when they have done wrong ? If they
had it not in their power to correct their own
journal when asserting what was not true ? The
democratic party of the country had spoken, pro-
nounced judgment upon the facts stated in that
journal. They had declared that these facts
were not true; that the condemnation pro-
nounced against the Chief Magistrate, for having
violated the constitution of the United States,
was not true ; and it was high time that it was
stricken from the journal it disgraced.

" Mr. Calhoun observed that the senator from
Alabama having made some jiersonal allusions
to him, he felt bound to notice them, although
not at all disposed to intrude upon the patience
of the Senate. The senator had said that ho
(Mr. C.) was truly connected with party. Now,
if by 'party' the gentleman meant that he was
enlisted in any political scheme, that he desired
to promote the success of any party, or was anx-
ious to see any particular man elevated to the
Chief Magistracy, he did him great injustice. It
was a long time since he (Mr. C.) had taken any
active part in the political affairs of the country.
The senator need only to have looked back to
his vote, for the last eight years, to have been
satisfied that he (Mr. 0.) hud voluntarily put

528

TIIIUTY VKAIIS' Vll.W.

liiiTiHclf in the V( ry Rmall minority to wliirh ho
iM'lorip'il. Hill! I)i:it lif )ii\i| liniii' this til hcrvc til)'
^'iiliaiit mill |i:ilriiitir State nf Siiutii Cari'liiiii.
Woiljil the prlillclliull Has llilit he ili<l IKit .-lip
ri>r\Mllil ill ildi'lire lit' Solltil ( 'iirnlillll, ill till*

pri-iit aiiii iiiii/iiaitiiiiniiH htiiml wliiiii ^liu tonk
in <lffi-iiee it' liir ri^'iitf. ? Now. hi- ui>ii(il tlie
Hi'iiiitDr to iiiiiii THluiiil liiin, tliiit lii> liiul |iiit iiiiii-
Keir ill II iiiiiini'ity of lit IcuHt iini' tn a liiiii<lri-<l ;
tiiat liu iiail alciiuiont'il party viiliintarily, freely;
and he woiiiii tell every senator — U>r he was coii-
Ktraiiicil to r^pealv of himself, and therefore Ite
slioiilil speak !»i»lilly — he would iiot turn upon
hiH hec-1 for liie uihiiiiiiHtration of the alfairH of
this poverniiieiit. 1I>^ lielicvod that Ruch wan
the hold which eurnipiion iiad olitained in tliis
governnient. that any man who nhoiild under-
take to reform it would not bu suHtained."

Mr. Kinjj of Alahamn moved that the resolu-
tions be priuteil, which motion was Nuperseded
by a motion to lay it on the table, wliich pre-
vailed — yeas twenty-seven, nays twenty — as fol-
Itiws :

"Yk.ao.— Messrs. Bell, Bibb, Black, Calhoun,
Clay, Clayton, Kwin;;, Frelin^huysen, Golds-
borouph, Hendricks, Kent, Knij^ht, Leifrh, jNIan-
giim, Naudain. I'oiudextcr, Porter, Prentiss,
Uobbins, Silshce, Smith, Southard, Swift, Tom-
liiiHon, Tyler. AVapr^'aman, Webster.

"Navs. — .Messrs. Henton, Brown, Buchanan,
Cuthbcrt, (iiundy. Hill, Kane, Kiiip; of Alaba-
ma, King of (leorgia, Linn. McKean, Moore,
Morris, Preston, Bobinson, Shei)ley, Talhnadfre,
Tipton, White, Wright."

And thus the resolutions of a sovoreign State,
in favor of expunging what it deemed to be a
lawless sentence pa.ssed upon the President, were
refused even a reception and a printing — a cir-
cumstance which seemed to augur badly for the
final success of the series of expunging motions
which I had pledged myself to make. But, in
fact, it was not discouraging — but the contrary.
It strengthened the conviction that .such conduct
would sooner induce the change of senators in
the democratic States, and pemiit the act to be
done.

C HAP T Ell C XXII I.

THE EXPUNGING KESOLUTION.

From the moment of the Senate's condemnation
of General Jackson. Mr. Benton gave notice of
hif? intention to move the expunction of the

centcnre from the joumnl, perio<iiraIly wiiic- 1
tiiiiiMlly until the object should be elliri.,! I
his |ioIiticul li(i' come to its end. In npnf, r, I
to this notice, he made hi« foniial niotiuim.'l
session '31-';!.') ; and in these words;

" IkHiilred, That the resoliitlon ndotitui \\
the .Siiate, on the liMtli day of .Mairli, |„ . I
vtar IsU. in the following words: '//./(...f,'!
'rii;it the President, in the late e.veciitjvc J J
eeeilinjrs in relatiou to the jmlilic rtApiim. I'l
assuriKil upc.i hiniself authority and iKiw(rr,,tl
( oiiferred by the constitution and laws, |,i,(,l
derogation of Ijoth,' Ix;, and the saiiie tiirdniil
ordered to lie e.xjiunged from the JiiynialJii
the Senate; because the said resolution is j;!^
gal and unjust, of evil example, inih Unit,. J
vagTie, expressing a criminal chaip! v rU

sjeciliciition; mid was irregularly and uiic'uii.t; J
I tionallyadoiited by the Semite, in suljvor.ioii
the rights of defence which belong to nii airu.
and imjieachablo ollicer; and at a tin
under circumstances to endanger tlie [,> iii
rights, and to injuie the iiecimiary iuttnstJ
the people of the United States."

This proposition was extremely distasttfulti
the Senate — to the majority whicli pas-nliy
sentence on General Jackson ; and .Mr. Soutlu
senator from New Jersey, spoke tiair siJ
mcnts, and his own, when he thus bitterlvcl*
ractcrized it as an iinlietment which the ^m
itself was required to try, and to degiaik' ii*
in its own condemnation, — he said :

"The object of this resolution (saiii.Mr.il
is not to obtain an expression from the ,S;ij
that tlieir former opinions were errontous.i
that the Executive acted correctly in reiatiniiJ
the public treasury. It goes further, anJ J
nounces the act of the Senate as so niiconsty
tional, unjustiiiable, and offensive, timt ti.eii
deuce of it ought not to be permitted to itm
upon the records of the government. ItL<d
indictment against the Senate. The m
from Missouri calls upon us to sit in Judjnii
upon our own act, and warns us that we o
save ourselves from future and lastinj: deiii
ciation and reproach only by proiiomicinji^
own condemnation by our votes. Hcastiii
us that he has no desire or intention t<i tltf
the Senate, but the position in which he wtj
place us is one of deep degradation— dipii
tion of the most humiliating character— »ii
not only acknowledges error, and aJinits
disable misconduct in this legislative brandij
the government, but bows it down ktell
majesty of the Executive, and makes us a
incense to his infallibility."

The bitterness of this self trial was &
ed by seeing the course which the public n

ANNO 1833. ANI)i:i:W JACKSON, rUt>*II)KNT.

029

to its cnil. In roii(um,in|
L- 111* fonnal moliun »i ul
n till"***-' w'lnlsi:

ho n'i«o!«tioi\ m\n\\\(i\ v,
>Xl\\ iliky of M"" l>. Hi •«
iDwinjr woriU: 'WMMfMl
ill tlic liitc cxcctitivf |„
to the jiiihlic riM'imc, ul
If authority mid i«m(nt|
iHlitution ami Ihwr. |,i;t ,1
1)0. ai>'l i''^' wiini.' liiTi'liy u,l
iijfc'd from llie j^ynial, '
; the saiil rt'snhuion ii i,<.|
vil fxainiilc, imlt linit. j-,i|
a criniiiirtl chmv''' <» iImJ
isim'Hiili>i''y'">''"""''"i-tiii'l
tlie Hi'iiute, iurtuliviT,-M.
e wliich beloiiKtoan aau-J
olllftT ; and at n tiim irJ
^t'3 to cmlanii^'r llif ). liiiil
re tlie i)cciiniary iiiUitsii)l|
L'uitcJ Status."

1 was extremely distafttfdJ
10 majority which pas-ciltlj
al Jackson ; and Mr. Soutk
w Jersey, ppol<L' their >niy
•n when he tlius lUlurly c
1 in<lictnient which tliu !«(ii
i\ to try, and to dciiiai'i ;»lj
(ination,— be said :

this resyUition (said Mr, J.
in expression fmin tlic Sm
opinions were erroneous,
re acted correctly in rclaim
ry. It goes furtlier, awl '
_,f the Senate as so inieonn:
ble and offensive, tlmt tie
t not to be permitted to ra
Is of the government. lu*
^st the Senate. The Si-"
alls upon us to sit m jud;
ict, and warns us that w
Vom future and lastin): k
roach only by prtinouiicmi
ion by our votes. Heas-
10 desire or intention t
the position in which k v.

of deep degradation-ilip
rit humiliating character-*
ivledges error, and aJinits i
luct in this legislative 1«
but bows it down M"«

'Executive, and makes ui

afallibility."

ss of this self trial was a?;i

ho course which the public

tv t»kiiii:. A rnrrent, itron;? ami oteady, and

,,untly fwdlinj:, wiw mttinn in for thn
pn.nKJfnt and a(.'ainHt the Stnate ; and renolu-
).n* from the Ujji.slHtiir* ^ of Mvcrai StaUn —
|.jUina. .Mii-icj'ippi. New J« isi y, N»rth C'aro- j
liu— liaf' 'diiitdy arrived inNtnutiiig their cena-
L- to vote fir tlic expui>;ation which Mr. '
Ifiitin ppijiO'ed. In the mean time he hatl ,
H,t vt t nmile his leading hp<e<li in favor of his
linn; »>"! 1"' ,)'"l«^''l this to be the proper
I ,„ ,io no. in onler to produce its elfects on
,. elections of the ensuing summer ; and ac-
rlinply now s| "ke as follows :
.Mr. Beiitiin then rose and addressed the
Mte in fiipport of his motion. He said that
rtsiilulion which he had offered, though re-
Ivcfl ui'on. as he had heretofore stated, with-
ci.iiltatiou with any person, wa.i not re-
Ivtil iiiMfii without great ilelilK-ration in his
jii miiitl. The criminating resolution, which
L.>i hi.s object to expunge, was presented to
Senate, December 2Clh, 1833. The senator
11 Kentucky who introduced it [Mr. Clay],
imcnced a diHCu.ssion of it on that day, which
continued through the months of January
Fibriiiiry, and to the end, nearly, of the
ith of .March. The vote was taken upon it
28th of March ; and about a fortnight there-
ir lie announced to the Senate his intention
inimenci; a series of motions for expunging
ri'goliition fi-om the journal. Here, then,
nearly four months for consideration ; for
decision was expected; and he had very
jusly considered, during that period, all the
lultics, and all the proprieties, of tie step
:li he meditated. Was the intended motion
■ar the joiu'nal of the resolution right in
? The convictions of his judgment told
that it was. Was expurgation the proper
] Yes; he was thoroughly satisfied that
iva.s the proper mode oi' pr^ . ; < ding in this
For the criminating I'csoluliuu which he
(1 to fiet rid of combiricJ nil the charac-
lic9 of a case which required erasure and
[ration : for it was a case, as he believed,
exercise of power without authority,
»utevenju"sdiction; illegal, irregular, and
Other modes of annulling the resolu-
13 rescinding, reversing, repealing, could
proper in such a case ; for they would
rightful jurisdiction, a lavvful authority,
fl action, though an erroneous judgment.

IYuL. I.— 34

AH that he denied. He di'ni<-<l the niithority
of the Senate to |ia->« hui'Ii a reKohitl<>ii at all ;
and lie alliriiiecl that it was iinjiirtt, ai»<l rori'.ru-
ry to the truth, a-s well as contrary t« law.
Thin being hi.s view of the n-sohition. he In Id
that the true iiiiil pr(i|KT roiirse, the |>arliu-
mentary course of piiHTediiij" in diich a ease,
was to expunge it.

IJut, said Mr. IJ., it i.i objected that the Senate
has no right to expunge any thing from its
journal ; that it \n required by the ei institu-
tion to keep a journal ; and, being bo reijuiied,
couhl not destroy any part <>f it. This, saiil
Mr. IS., lA sticking in the bark ; and in the thin-
nest bark in which a shot, even the smallest,
was ever lodged. Various are the meanings of
the word keep, used as a verb. To keep a jour-
nal is to write down, daily, the history of what
you do. For the Senate to keep a journal is to
causo to he written down, every day, the ac-
count of its jiroceedings ; and, having done fliat,
the constitutional injunction is salislied. The
constitution was satisfied by entering this crim-
inating resolution on the journal ; it will !)«
equally satisfied by entering the expunging res-
olution on tlie same journal. In each case the
Senate keeps a journal of its own proceedings.

It is objected, also, that we have no right to
destroy a part of the journal ; and that to ex-
punge is to destroy and to prevent the expung-
ed part from being known in future. Not no
the fact, said Mr. B. The matter expunged is
not destroyed. It is incorporated in the ex-
punging resolution, and lives as long as that
lives ; the only effect of the expurgation being
to express, in the most emphatic manner, the
opinion that such matter ought never to have
been put in the journal.

Mr. B. said he would support these positions
by authority, the authority of eminent exam-
ples ; and would cite two cases, out of a multi-
tude that might be adduced, to show that ex-
punging was the proper course, the parliaincn-
mcntary course, in such a case as the one now
before the Senate, and that the expunged mat-
ter was incorporated and preserved in the ex
punging resolution.

Mr. B. then read, from a volume of British
Parliamentary History, the celebrated case of
the Middlesex election, in which the resolution
to expel the famous John Wilkes was expunged
from the journal, but preserved in the expurga-

5.'J0

TIIIKTY W.MIA' VIKW.

tory n'Holiilion. no n 'd be _;' .»t nc well rcml
now RN if it hit'l ncv r (kmi blotted out fnun
the JoiinialM f)f tb(! Mriti.ili IIoiik' of ('uninninn.
Tlie rvHoIution run in tln'Nc wonln: ''Tbnt tlu'
M'HoIiitji.ii of tli«' Ifoiifo of tlic 17tli Fcbninry.
I7'i'.', 'tliiit .bilin Wilkrn, ll>(|., h.ivinjr Ik'i'h, in
lliii Hcsslon of I'tirlianicnf, rxiKlli<l lliis HotiHc,
«■«•< nnd iH ini /ipnblc of U-in^ clccfcd a nicnibtT
t'l sent' in tlio prt'wnt I'nrli.inu'nt,' bo oxjiunn-
<il from tlic JoiinialM of tliin House, nn btinp
t-iiliviTsive of the rinlits of tlio wliolo body of
i|.(t'ir> of tills kiiijrdotii." Siirb, Raid Mr. H.,
\v< re tJio tenns of tlie oxpnnjjrinR reMoIntinn in
tlie ciif'o of the Midiile.'iex election, as it was
annually introduced from 17C9 to 1782 ; when it
was finally passe'l by a voty of near three to
one, and the clause ordered to bo cxjiunpcd was
blotted out of the journal, and obliterated, by
the clerk at tho table, in the presence of the
whole House, which remained Bilent, and all
business suspended until tho obliteration was
complete. Yet tho history of the caso is not
lost. Thonph blotted out of one part of the
journal, it is eaved in another ; and here, at the
distance of half a century, and Bome thougand
miles from London, tho whole caso is read as
fully as if no such operation had ever been per-
formed upon it.

Ilavinp given a precedent from British par-
liamentary history, Mr. B. would give another
from American history ; not, indeed, from the
Congress of tho assembled States, but from one
of the oldest and most respectable States of the
Union : he spoke of Massachusetts, and of the
resolution adopted in the Senate of that State
during the late war, advereo to the celebration
of our national victories ; and which, some ten
years afterwards, was expunged from the jour-
nals by a solemn vote of tho Senate.

A year ago, said Mr. B., the Senate tried
President Jackson ; now tho Senate itself is on
trial nominally before itself; but in reality be-
fore America, Europe, and posterity. We shall
give our voices in our own case ; we shall vote
for or against this motion ; and the entry ujion
tho record will be according to the majority of
voices. But that is not the end, but the be-
ginning of our trial. We shall be judged by
others , by the public, by the present age, and
by all posterity I Tho proceedings of this case,
and of this day, will not be limited to the present
«lge,; they will go down to posterity, and to the

latest npef«. I'n-Hidi'nt .liirksoii i^ not a rlufvt-l
to Ik- forgotten in history. His name 1:4 1,,^ ^|
lie eonflnc'd to tho dry ratali»(;n« niii| f,f||~|
iiori;eii(|ntnr(> <f inero AnuTimn l'ir»i.|fi|(,|
Like till- grr'jif lloiiiaiis who attnincij \\tf„A
sulsbip. not by the paltry arts of elcetioncfrvl
but through a hcries of illuHtrioiis rlit,], |^|
name will live, not for tho ofllces |m,. fiii,.,| ) I
for the deeds which ho iH-rfonned. Ik- m (i,!
first President that has ever reaived tlio njt
tlemnation of tlie Senate for the violation f.fiJ
laws and the institution, the first whose rjul
is borne upon the journals of tho American '
nate for the violati<m of that constitution whH
he is sworn to observe, and of those laws win
ho is bound to see faithfully cxeciitMi. .Sij
a condemnation cannot escape the (ihscmv/
of history. It will bo read, considered, jmlj^J
when the men of this day, and the pajsionsj
this hour, shall have passed to eternal repdif I

Before he proceeded to the exposition if
case which ho intended to make, he winhH
avail himself of an argument whicli had I
conclusive elsewhere, and which he tnusi
could not be without eflect in this Senate,
was the argument of public opinion, ki
case of tho Middlesex election, it liaillwnd
cisive with tho British House of Common!;]
tho Massachusetts case, it had been decim
with the Senate of that State. In botii tin
cases many gentlemen yielded their pij
opinions to public sentiment ; and public s
ment having been well pronounced in tiie e
now before tho Senate, ho had a right to M
for the same deferential respect for it herei
had been shown elsewhere."

Mr. B. then took up a volume of Britislii
liamentary history for the year 1782, the !
volume, and read various passages from |
1407, 1408, 1410, 1411, to show the stress i
had been laid on the argument of public opi
in favor of expunging the Middlesex resolntii
and tho deference which was paid to it bj^
House, and by members who had, until t
opposed the motion to expunge. He resdl
from Mr. Wilkes' opening speech, on reoei
his annual motion for the fourteenth tkl
follows :

"If the people of England, sir, have it^
time explicitly and fully declared an
respecting a momentous constitutional qu
it has been in regard to the Middlesex ein

ANNO Has. ANMRr.W JACKS(»X, rUI>II»KXT.

531

it .Inckunn Uimt a rh&fvti»
itory. Him iimiii- Ih wa v,
dry c(\iiil<>c'in nivl <i1t\r^
tTv Aiiu'rinin l'rr<ii.|,[,.j
mm wlio ntlftiiml itifr>«^
laltry nrt« of fU'ctioiicni^l
(ft of UlnHtrioim (|cr(l«. \J
For the ofllci'N lie tlllnlW,
I ho ptTfomiofl. Ho 'J I J
hBH over n'a'ivcd tlio iyJ
anato for th<! violnlion (if il,]
it<it5on, the first \\\\«h- m
(;!imnl« of the American
on of that conKtitutionib
ervc, nnfl of tliosc Uwswi
•0 fiiithfuUy oxcr\it((i. Sr
innot cHcnpc the otiscm'Ki
1 be reail, considered, jmljt^l
this day, and tlie pa.«si(in<(
ive passed to eternal repn^f
cdcd to the exposition
ended to make, he vvinhH
an argument which had
hero, and which he trai
hout cflcct in this Senate.
nt of public opinion, h
Icsex election, it had loon
Irititih House of Coinmor.<;
;t8 case, it had hccii dj
of that State. In both tl
itlemcn yielded their pm
ic sentiment •, and public «
n well pronounced in the
Senate, ho had a right to!
jrential respect for it here
elsewhere."
ook up a volume of British i
jry for the year 1782, the
,d various passt^s from
0, 1411, to show the stress
\ the argument of public o[
nging the Middlesex resolrt
CO which was paid to itbjl
members who had, antil
)tion to expunge. Herod
es' opening speech, on rem
tion for the fourteenth tiK|

pie of England, sir, have «n
and fully declared an ^
omentous constitutional qn
regard to the Middlesex eie

• • • • u 'rin.jr v„j^ ^.^ nover [ tho voi.r (/ th«> pioplo cntw ndlinu in— » nwidl*

inn 'I'll', rislnir n.* it fl>>u<;i| — nml ciivrriiitj '''*

Ijitrd in a more cirnr niid dixlinot manner than
lOtlii'' l"""' "^ '''^' ""^^ nmjniiludr fur nil tin-
I, ,w<ir* "(^ ('■*' kingdom, and I trutit will now
||< t,.«pl favorably."

II,. tlnn read from Mi-. Fox'h Fjiocrh. Mr.
If .t luid hen'toforo opponiil the »'X|nm>rin(!: ri-so-
lliitiin. but now yiildoti to it in ola-iliencu to the
|,,iccof iho jioople.

-He (Mr. Fox) had tunietl the (pioKtion often
In \\\< mind, ho WBh "till of opinion that tho re-
DJiition which ji^cntlemcn wanted to exptmjrp
rx* fmindid on proper prinriples." • ♦ ♦ ♦
M'iiiiu;.di hi! o|)po.'*cd tho motion, ho fid t very
liitli' anxiety for the event of the qiiention ; for
Inn lie found tho voire of tho people was
triinstthe privile?;o, as ho Ijelieved wawtho cnse
It incent, he would not preserve the privilege."
• ♦ ♦ " The people had associated, they
^a<l declared their sentiments to Parliament,
I h.iil taiiftlit Parliament to listen to tho voice
ftlieir constituents."

ILivin;; read these pass.ijres, Mr. B. paid they

\m tho sentiments of an English whig of the

sihool. Mr. Fox was a whig of tho old

th'idl. He acknowledf^jd tho rijiht of the peo-

(>' to in'stnict their representatives. IIo yielded

^tliepeneral voice himself, though not specially

I'nicted ; and he uses tho remarkable expres-

|nn which nckuowledpes the duty of Parliament

\ obey the will of tho people. " They had dc-

liri'il their fsentiments to Parliament, and had

liirlit Parliament to listen to the voice of their

r«titucnts." This, said Mr. B., was fifty years

i; it was spoken by a member of Parliament,

lin. besides being the first debater of his age,

if at that time Secretary at War. lie ac-

lowlcdi^d the duty of Parliament to obey the

lice of tho people. The son of a peer of the

kim, and only not a peer himself becanse he

not the eldest son, he still acknowledged

s preat democratic principle which lies at the

|ttom of all representative govemment. After

, after such an example, will American Se-

ors be unwilling to obey tho people 1 Will

ly require people to teach Congress the lesson

lich Mr. Fox says the English people had

pght their Parliament fifty years ago 1 The

of the people of the United States had

heard on this subject. The elections

Bared it. The vote of many legislatures de-

■arcd it. From tho confines of the Republic

ciipitcil with its tiin-intniii wum's. Cm thiit
voict' Ik' di^rigunii'd / Will mrinU-r* <>( a ir-
publioun C'ongri'h* be U-on r)btdiint to thi' vi)i«v
of the piopU' tliuii wiTf till- rrpK'si'ntntivfS of
a in'inarchirni House of Conininns !

Mr. H. then pnH'eeiU'd to the arnuuienl of hi*
motion. He moved to expnnpe tin- rt'Nobitiou
of March liH, 18;'. I, from the jminmls nf the
Senate, becauni! it was ilbgal and uiijUKt ; vii^rue
atul indctinitc ; a criniiiial chitr';!! without spc-
cillratioM ; unwarranted by tlu- con.ttitutioiiuud
laws; Kubverfiive of the rights of (Icfcnci' wlii<li
Ixdong to an accused and in)pe.i(duib!e olllccr;
of evil example ; and adopted at a tinu' and under
circumstances to involve the political rifilits
and the pecuniary intcivsts of the people of tbc
United States in peculiar danger and serious in-
jury.

These reasons for expunging tho oriniinating
resolution fi-oin the journals, Mr. H. said, were
not phrases collected and paraded for effect, or
strimg together for harmony of sound. 'I'liey
were each, separately and individually, substan-
tive reasons ; every word an allegation of fact,
or of law. Without going fully into the argu-
ment now, he would make an exposition which
would lay open his meaning, and enable each
allegation, whether of law or of fact, to be fully
understood, and replied to in the sense inten<led.

1. Illegal ami 7tnjusl. — These were tho first
heads under which Mr. B. would develop© his
objections, he would say the outline of his ob-
jections, to the resolution proposed to bo ex-
punged. Ho held it to bo illegal, l)ecauso it
contained a criminal charge, on which the Pres-
ident might be impeached, and for which ho
might bo tried by tho Senate. Tho resolution
adopted by the Senate is precisely the first stej)
taken in the House of Representatives to biinr?
on an impeachment. It was a resolution ofl'ercd
by a member in his place, containing a criminal
charge against an impeachable officer, debated
for a liundred days ; and then voted upon by the
Senate, and the officer voted to bo guilty. This
is the precise mode of bringing on an impeach-
ment in the House of Representatives ; and, to
prove it, Mr. B. would read from a work of ap-
proved authority on parliamentary practice ; it
was from Mr. Jefferson's Manual. Mr. B. then
read from the Manual, under the section entitled

532

TIIIIITV YKAIto* VIEW.

Iiiipenclimcnt, and from that head of the section
fnlitle<l accusation. The writer was giving the
British I'arliainentary practice, to which our
own constitution \a confonnnhle. "The Com-
mons, a8 the grand inrjuest of the nation, Ix-'came
suitors for penal justice. Tlic general course is
to pass a resolution containing a criminal cliarge
a}<ainst the supposed delinquent ; and then to
direct some member to impeach him by oral
accusation at the bar of the House of Lords, in
the name of the Commons."

Repeating a clause of what he had read, Mr.
B. said tlie general course is to pass a criminal
charge against the supposed delinquent. This lO
exactly what the Senate did ; and what did it
do next ? Nothing. And why nothiiijc ? Be-
cause 'here was 'nothing to be done by them but
to execute the sentt ice they had passed ; and
that they could not do. Penal justice was the
consequence of the resolution ; and a judgment
of penalties could not bo attempted on such an
irregular proceeding. The only kind of penal
justice which the Senate could inflict was that
of public opinion ; it was to ostracize the Presi-
dent, and io expose him to public odium, as
n violator of the laws and constitution of his
country. Having shown the resolution to be
illegal, Mr. B. would pronounce it to be unjust;
f )r he affirmed the resolution to be untrue ; he
maintained that the President had violated no
law, no part of the constitution, in dismissing
!Mr. Duane from the Treasury, appointing Mr.
Taney, or causing the deposits to be removed ;
for these were the specifications contained in the
original resolution, also in the second modifica-
tion of the resolution, and intended in the third
modification, when stripped of specifications, and
reduced to a vague and general charge. It was
in this shape of a general charge that the reso-
lution passed. No new specifications w-ere even
suggested in debate. The alterations were made
voltmtarily, by the friends of the resolution, at
the last moment of the debate, and just when
the vote was to be taken. And why were the
specifications than dropped ? ]5ocause no ma-
jority could be found to agree in them ? or be-
cause it was thought prudent to drop the name
of the Bank of the United States ? cr for both
these reasons together ? Be that as it may, said
Mr. B., the condemnation of the President, and
the support of the bank, were connected in the
resolution, and will be indisso^ubly connected

in the public mind ; and the I'resiiUnt vea ^^
justly condemned in the same resolution uti
befriended and sustained the cause of the laa
He held the condemnation to lie unti uo in Uj^m
of fact, and therefore unjust ; for he inaintaivl
that there was no breach of the laws am] ai |
stitution in any thing that President JacUj
did, in removing Mr. Duane, or in ai)i)ointin''.\i, f
Taney, or in causing the deposits to lie miio\e
There was no violation of law, or constitutr
in any part of these proceedings ; on the cA
trary, the whole country, and the povcrnnitsi I
itself, was redeemed from the dominion of J
great and daring moneyed corporation, by il< I
wio'.' Jm and energy of these very pruceodin^..

i. y'ugue avd indefinite ; a criminal ciiar»|
without specification. Such was tiie reholuiinl
Mr. B. said, when it passed the Senate; LEtj
such it was not when first introduced, nurtrtsl
when first altered ; in its first and secondfonnjl
it contained specifications, and these spcoilio.!
tions identified the condemnation of the IftiJ
dent with the defence of the bank ; in its WiA
form, these specifications were omitted, ani \\
others were substituted ; the bank andtkif.1
solution stood disconnected on the record, ktil
as much connected, in fact, as ever. The m,
lution was reduced to a vague and indeliiiij
form, on purpose, and in that circumstance,!
quired a new character of injustice to rivsideJ
Jackson. His accusers should have specif
the law, and the clause in the coustitu;ia
which was violated ; they should have speed
the acts which constituted the violation. Ila
was due to the accused, that he might Jinowa
what points to defend himself; it was dues
the public, that they might know oc whatpoiiJ
to hold the accusers to their responsii^iJitv,!
to make them accountable for an unjust acciii
tion. To sustain this position, Mr. £. Iiad n
course to history and example, and prodiijJ
the case of Mr. Giles's accusation of (jettnl
Hamilton, then Secretary of the Treaaurr.i
the year 1703. Mr. Giles, he said, pro
in a manly, responsible manner. lie 6i«ita
the law and the alleged violations of theli
80 that the friends of General Hamilton i
see what to defend, and so as to make him
accountable for the accusation. He spccifieaiij
law, which he believed to be violated, by iisi
and its title ; and ho specified the two m
in which he held that law to have been in

ANXO 18r.5. ANKRF.W JACKSON, I'RF>IDKNT.

533

nd the I'rusitUiit wu u>
the Bainc rcsohiliijn uu;
led the cause of the Uu
ution to l)e untiuo in \„u
unjust; for he mainuir^, |
;ach of the lawH and aj.
(T that President JacU-J
Duanc, or in appoinlinpMr
;hc deposits to In; a'nio\i<
on of lavv, or constimini
I proceedings ; on the c »•
iintry, and the (rovemrMci
1 from the dominion ofi
loneycd corporation, by il«
of these very procetdin;.,
definite; a criminal charsl
n. Such was tlie rL'soluiul
it passed the Senate; la
en first introduced, norwtsl
in its first and second tjrml
ications, and these spcoitiol
> condemnation of the rri-i.!
nee of the bank ; in its lliiril
nations were omitted, aii'i mI
itutcd; the bank andtkit-l
:onnected on the record kl
d, in fact, as ever. Tlic i*&l
id to a vague and indeiiD;j|
and in that circumstance,
acter of injustice to Vmm
;cuser8 should have sped

clause in the coustitmii^
;d ; they should have specit
instituted the violation. Ik
•cused, that he might knows
iefend himself; it was due i
,ey might know 02 \>hatH
crs to their responsiu;!uy,s
countable for an unjust ac

this positioa, Mr. B.hadi
•y and example, and prodiw
Giles's accusation of Oe«a
Secretary of the Treasury,!
Mr. Giles, he said, jm
,onsible manner. He fil«ita
. alleged violations of tliel
;ds of General Hamilton b-J|
•nd, and bo as to make hin
.he accusation. He BFcif'^'",'^
■lieved to be violated, by its

id he .specified the two insK
that law to have been ir'-

Mr. K ^aid he had a double object in quotinp
•V,' rcwdntion of Mr. «Jiie8, whifh «*■< intemUd
; . lav the foundation for an impeachment againct
(iincrol Hamilton; it was to show, first, the
fnfiality with whicli these criminating resolu-
tion? shonlJ be drawn ; next, to show the ab-
.,ncc of any allegations of corrupt or wicked
intention. Tlie mere violation of law wa.s
cli.u>'cd as the oflencc, as it vras in three of the
artiok'S of impeachment against Judge Cha.'^c ;
and thus, the absence of an allegation of cor-
riipt intention in the resolution adopted against
rie?ident Jackson, was no argument again.^t its
ij 1 peachment character, especially as exhibited
lin its first and second form, with the criminal

iviiiucnt, "dangerous to the liberties of the

■npic."

Fur the purpose of exposing the studied
.v.'ueness of the resolution as passed, detcct-
ij its connection with the Bank of the United
states, demonstrating its criminal character in
twice retaining the criminal averment, "dangcr-
(113 to the liberties of the people," and showing
the progressive changes it had to undergo be-
nt, it could conciliate a majority of the votes,
[r. B. would exhibit all three of the re-
I'.iitions, and read them side l)y side of each
:her, as they appeared before the Senate, in
le first, second, and third forms which they
[tre made to wear. They appeared first in the
ibryo, or primordial form ; then they assumed
icir atirelia, or chrysalis state ; in the third
ige, they reached the ultimate perfection of
icir imperfect nature.

FiKST Form.— December 20, 1833.

^^■Resolced, That by dismissing the late Secre-

iry of the Treasury, because he would not,

lutrary to his sense of his own duty, remove

! money of the United States, in deposit with

! Bank of the United States and its branches,

Iconformity with the President's opinion, and

[ appointing his successor to make such rc-

bval, which has been done, the President has

lumcd the exercise of a power over the trea-

py of the United States not granted to him

[the constitution and laws, and dangerous to

1 liberties of the people."

Second Form.— March 28, 1834.

^Itesolml, That, in taking upon himself the
onsibilily of removing the deposit of the

public money from the Hank of the Uniti'd
.'States, the l're>iiknt <>f the (■nito<l .States h;is
assumed the exercise of a power over the trea-
sury of the United States not granted to him
by the constitution .and laws, and dangerous to
the liberties of the people."

Third Form.— .l/./r./i 28, 1834.
^^Jtemlveil, That the IVesident, in the late
executive proceedings, in relation to the public
revenue, has assumed upon hiujself authority
and power not conferred by the constitution
and laws, but in derogation o*" both."

Having exhibited the 0rigin.1l resolution, with
its variation.^, Mr. B. would leave it to others
to explain the reasons of such extraordinary
mctiimorphoses. Whether to get rid of the
bank association, or to pet rid of the impeach-
ment clause, or to conciliate the votes of all who
were willing to condemn the President, but
could not tell for what, it was not for him to
say ; but one thing he would venture to say,
that the majority who agreed in passing a gene-
ral resolution, containing a criminal ch.arge
against Prosident Jackson, for violating the laws
and the constitution, cannot now agree in
naming the law or the clause in the constitu-
tion violated, or in specifying any act constitu-
ting such violation. And here Mr. B. pause<l,
and offered to give way to the gentlemen cf
the opposition, if they would now undertake to
specify any act which President Jackson had
done in violation of law or constitution.

3. Unwarranted hij the constitution and
Imcs. — Mr. B. said this head explained itself.
It needed no development to be understood by
the Senate or the countrj'. The President was
condemned without the form of a trial ; and.
therefore, his condemnation was unwarranted
by the constitution and laws.

4. SuhrersiL-e of the rights ofdffence. which
belong to an accused and impeachable officer, —
This head, also (Mr. B. said), explained itself.
An accused person had a right to be heard be-
fore he wa« condemned ; an impeachable officer
could not be comlemned unheard by the Senate,
without subverting all the rights of defence
which belong to him, and disqualifying the Sen-
ate to act as impartial judges in the event of his
being regularly impeached for the same offence.
In this case, the House of Representatives, if
they confided in ths Senate's condemnation,

534

TIIIIITY YEARS' VIE'.V.

woiiM ."oml up nil iiiijH>aclinicnt ; tliat tliey had
ni)t (lone i-o, was proof tliat tiny liail no conli-
dcnce in tlu? corrcctncRS of our decision.

Tt. Of evil e.ramjtle. — N'olhinp, said Mr. B.,
coidd Ijc more unjust and ilk'iral in itself, and
therefore more evil in exuniple, than to try peo-
ple without a liearinjr, and condemn them with-
out defence. In this case, such a trial and such
a condemnation was a^'irravated l)y the refusal
of the Senate, after their sentence was pro-
nounced, to receive the defence of the President,
and let it bo printed for the inspection of pos-
terity ! So that, if this criminating resolution
is not expunged, the singular spectacle will po
down to posterity, of a condemnation, and a
refusal to permit an answer from the condemned
person standing recorded on the jiages of the
s.imc journal! Jlr. IJ. said the Senate must
look forward to the time — fiir ahcail, perhaps,
but a time which may come — when this body
may be filled with disappointed competitors.
or personal enemies of the President, or of
aspirants to the very office which he holds,
and who m.iy not scruple to undertake to crip-
ple him by .senatorial condemnations ; to at-
taint him by convictions ; to ostracise him by
vote ; and lest this should happen, and the pre-
sent condeumation of President Jackson should
Ijccome the precedent for such an odious pro-
ceeding, the evil example should be arrested,
should be removed, by expunging the present
.'■■entence from the journals of the Senate. And
licre Mr. B. would avail himself of a voice
which had often been heard in the two Houses
of Congress, and alwaj's with respect and ven-
eration. It was tho voice of a wise man, an
honest man, a good man, a patriot ; one who
knew no cause but the cause of his country ;
and who, a quarter of a century ago, foi'csaw
and described the scenes of this day, and fore-
told the consequences which must have happen-
ed to any other President, under the circum-
stances in which President Jackson has been
placed. He spoke of Nathaniel JIacon of North
Carolina, and of the sentiments which he ex-
pressed, in the year 1810, when railed upon to
give a vote in approbation of Mr. Madison's
conduct in dismissing Mr. Jackson, the then
British minister to the United States. lie op-
posed the resolution of approbation, because
the House had nothing to do with the Presi-
dent, in their legislative character, except the ;

passing of laws, calling for information, or ir
peaching; and, looking inio the evil rr,;-,....
qucnces of undertaking to judge of tlie I'r,,,
dent's coniluct, he foretold the exact inTdn-,
ment in which the Senate is now involviil \\y\
rcspict to President Jackson. Mr. 1!. tl,,,
read extracts from the speech of Mr. Macoii .r
the occasion referred to :

" I am opposed to the resolution, not fur t'u
reasons which have been offered against it, roi
for any which can be drawn from the (iociiiniii's
before us, but bec.iuse I am opposed to addrtji.
ing the President of the United States upon anr
subject whatever. "We have nothing to dowi;i
him, in our legislative character, e.Ncept ti,e
passing of laws, ciilling on him for inroi'ni,iti„ii,
or to impeach. On the day of tho iire.sidentJal
election, we, in common with our fLJlow-ciii.
zen.s, are to pass on Ins conduct, and rcsoluiioi,i I
of this sort will have no weight on that dav, I; I
is on this ground solely that I am opposed ij I
adopting any resolution whatever in rc'ationtol
the Executive conduct. If the national icpil!. (
turc can pass resolutions to approve the oj-]
duct of the Pi-esident, may they not also pasi
resolutions to censure ? And what wouU hi
the situation of thu country, if wo were nil
discussing a motion to request the President to I
recall Jlr. Jackson, arid again to endeavor to|
negotiate with him ? "

0. At a time, and under ciicumstances,t(iii,\
voice the political righ/if and pecunidrj/ inii-l
rests of the people oft lie Un iled Slates in semil
injnnj and peculiar danger. — This head of jiil
argument, ^Ir. B. said, would require a devclop-l
ment and detail which he had not (l«;::fll
necessary at this time, considering wliat M\
been said by him at the last session, and waj
would now be said by others, to give m
reasons which he had so briefly touched, B.il
at this point he approached new ground; L<l
entered a new field ; he saw an exteciiil
horizon of argument and fact expand Wjb
him, and it became necessary for him to w
with his subject. The condemnation lillJ
President is indissolubly connected with \^
cause of the bank ! The first form of the
solution exhibited the connection ; tiie kai
form did also ; every speech did the fameiftj
every speech in condemnation of the I'leiid
was in justification of the bank ; evciys
in justification of the President was in (

ANXO 1835. ANniti:W JACKSON', riU>Il)F.NT.

535

<r for infonnation, <)t ir
ng iiuo tlie f\il cu;,...
nf» to jiitlge of the I'n-,
rt'toW the fxsirt ynAn
nate is now involviKljWir
, Jackson. Mr. ]!. thm
c speech of Mr. M!iC(,n, s
to:

the rcFohition, not fur t'w
)een offered a^'ainst it, roi
drawn from the docmiKnu
ic I am opposed to aiWrt?T
the United States iipon any
A'e have nothing to (JinvKti
tivc character, e.scept t!.e
inp on him for infornrnVm.
the day of the presidential
nnion with our fL-llow-ciii.
his conduct, and resoliuidiS
■e no weight on that iltiy, 1;
solely that I am opposed u
ation whatever in re'ationto
luct. If the national logi!!!-
jlntlons to approve the oj-
lent, may they not also [i»
sure? And what woiiH U'
lie country, if we were r, w
n to request the Presideatw
I and again to endeavor tol

(i 'under circumsianas^kin
ritrhli! and i)ecum<mjkw\
ofihe United States inmim\
ar danger.— 'nm head of Is
said, would require a (levelit]
which he had not ihd
time, considering wliat W]
at the last session, and wb
aid by others, to give ti<|
had so briefly touched. I
approached new prouml;
field; he saw an exutit!]
:nent and fact expand k5)
10 necessary for him to k

The condemnation if t:
lissoUibly connected with
»k ! The first form of tie
id the coimection ; the m
—very speech did the same;
condemnation of the l'r«i
ion of the bank ; everv s]
of the Presideut waf in

^snation of the bank ; and thu.s the two ol)-
,yW were id'.nticU and recij)r<)cal. The nt-
jck of one wa.s a defence of the other ; tlie
Lifina' of one was the attack of the other.
J \ii'i t!w8 if continued for the loni? protracted
(urioJ of nearly one hundred «lays — from De-
|c,,m't'i' -J'ith. 1833, to .March 28th, 1S34— when,
If ,r rtasons not explained to tlie Senate, upon a
private consultation among the friends of the
ixfoliition, the mover of it came forward to the
ftfrttan's table,and voluntarily made the alter-
tti iHj which cut the connection between the
laiik and the resolution ! but it stood upon the
K;ord, by iUriking out every thing relative to
Ibe dismissal of Mr. Duane, the appointment of
klr. Taney, and the removal of the deposits.
Rut tlie alteration was made in the record onlj'.
(he connection still subsisted in fact, now lives
1 memory, and shall live in history. Yes, sir,
liil Mr. B., addressing himself to the President
f the Senate ; yes, sir, the condemnation of the
■esident was indissolubly connected with the
use of the bank, with the removal of the de-
kits, the renewal of the charter, the restora-
pn of the deposits, the vindication of Mr.
ii.'ine, tlie rejection of ^Ir. Taney, the fate of
iction?, the overthrow of Jackson's adminis-
^tion, tlie fall of prices, the distress meetings,
distress memorials, the distress committees,
distress speeches ; and all the long list of
Ipless measures which astonished, terrified,
Pictcd, and deeply injured the country during
6lon{;an ': " nized protraction of the famous
;iic session. All these things are connected.
Id Mr. B. ; and it became his duty to place a
I of the proof which established the connec-
1 1'cibrc the Senate and the people.

B. then took up the appendix to the re-

t made by the Senate's Committee of Finance

[the bank, ccraraonly called Isfr. Tyler's re-

rt, and read extracts from instructions sent to

i-and-twcnty branches of the bank, contem-

jineouBly with the progress of the debate on

I criminating resolutions ; the object and ef-

1 of which, and their connection with the

^te in the Senate, -woukl be quickly seen.

nising that the bank had dispatched orders

f\<i same branches, in the month of August,

I had curtailed S4,0GC,000, and again, in the

Jth of October, to curtail ^5,825.100, and to

ase the rates of their exchange, and had

tssly stated in a circular, on the 17th of

that month, that this reduction would piaee th«
branches in a po.-itioii of entire sniuity, .Mr. 15.
invoked attention to the shower (f orders, and
their dates, which he was about to read. He
read i).a.-sagi'fl from page 77 to ^2. inclusive.
They were all extracts of letters from the pn-
siilent of the b.ank in person, to the pnsidfuts
of the branches ; for ,^Ir. 15. said it luMst Ik- re-
membered, an one of the peculiar features of the
bank attack upon the country last winter, thiit
. the whole business of conducting this curtnil-
meiit, and raising exchanges, and doing whatever
it p'.e'sed v\-> ,h the commerce, currency, and
Lu? ■ .ss oi" the country, was withdrawn frcin
the board jf oireotors, and confided to one of
tliose cjn\cnient committees of which the pres-
ident is ex officio member an'l creator; and
which, in this ca.se, was expressly absolved from
reporting to the board of directors ! The letters,
then, are all from Nicholas Biddic, president,
and not from Samuel Jaudon, cashier, and are
addressed direct to the presidents of the bianeh
banks.

When Mr. B. had finished reading tliese ex-
tracts, he turned to the report made by the sen-
ator from Virginia, who sat on his right [Mr.
Tyler], where all that was said .about these new
measures of hostility, and the propriety of the
bank's conduct in this third curtailment, and in
its increase upon rates of exchange, was com-
pressed into twenty lines, and the wisdom or ne-
cessity of them were left to be pronounced upon
by the judgment of the Senate. Mr. B. would
read those twenty lines of that report :

'• The whole amoimt of reduction ordered by
the above proceedings (curtailment ordered on
8i'. and 17th of October) was ^5,825,900. The
same table. No. 4, exhibits the tact, that on the
23d of January a further reduction was ordered
to the amount of ^3,320,000. This was com-
municated to the offices m letters from the pre-
sident, stating ' that the present situation of the
bank, and the new measures of hostility which
are understood to be in contemplation, make it
exjwdient to place the institution beyond the
reach of all danger ; for this purpose, I am di-
rected to instruct your ofiice to conduct its busi-
ness on the following footing ' (appendix. No.
9, copiep of letters). The offices of Cincinnati,
Louisville, Lexington, St. Louis, Nashville, and
Natchez, were further directed to confine them-
selves to ninety days' bills on Baltimore, and the

536

THIR'n' YEARS' VIEW.

citic"" north of it, of whifh they were allowed
to jmrcli.'L'ii' any airKHint llioir means would jus-
tify : and to bills on New OrliMins, wliirh tlu-y
were to take only in imymentofiire-existin^rdebtH
to tlie bank and its ofTice*! ; while the olllce at
New Orleans was directed to abstain from drawing
on the Western offices, and to make its pur-
chases mainly on the North Atlantic cities. The
committee has thus given a full, and somewhat
elaborate detail of the various measures resorted
to by the bank, from the 13th of August, 1833 \,
of their wisdom and nea'ssity tiic Senate will
best be able to pronounce a correct judgment."

This, Mr. B. said, was the meagre and stinted
manner in which the report treated a transac-
tion which ho would show to be the most cold-
blooded, calculating, and diabolical, which the
annals of any country on this side of Asia could
exhibit.

[Mr. Tyler here said there were two pages on
this s»ibject tc bo found at another part of the
report, and opened the report at the place for
Mr. B.]

Mr. B. said the two pages contained but few
allusions to this subject, and nothing to add to
or vary what was contained in the twenty lines
he had read. lie looked upon it as a great
omission in the report ; the more so as the com-
mittee had been expressly commanded to re-
port upon the curtailments and the conduct of
the bank in the business of internal exchange.
He had hoped to have had searching inquiries
and detailed statements of facts on these vital
points. He looked to the senator from Virginia
[Mr. Tyler] for these inquiries and btatcments.
He wished him to show, by the manner in which
he would drag to light, and expose to view, the
vast crimes of the bank, that the Old Dominion
was still the mother of the Gracchi ; that the
old lady was not yet forty-five ; that she could
breed sons ! Sons to emulate the fame of the
Scipios. But he was disappointed. The report
was dumb, silent, speechless, upon the opera-
tions of the bank during its terrible campaign
of panic an^i pressure upon tlvi American peOple.
And nr w he would pay one instalment of the
speech which had been promised some time ago
on the subject of this report ; for there was part
of that speech which was strictly applicable and
appropriate to the head he was now discussing.

Mr, B, then addressed himself to the senator
fiom Virginia, who sat on his right [Mr. Tyler],

and rcqtiesfcd him to mipply an omission in h I
report, and to inform what were thojo |
meainrcs of liostilify alluded to in the t«-o-»t|4
twenty letters of instruction of tlie hank .•;
rei)eated ir the report, and wliieh wipo mjJ.I
the pretext for this third curtailment, aiul if I
new and extraordinary restrictions anrlimr..!
sitions upon the purchase of bills ofexchan-«

[.Mr. Tyler answered that it wa? the n.l
pectcd prohibitlun upon the receivabilitrf.fiLl
brunch bank drafts in payment of tlic y.iJl
revenue.]

Mr. B. resumed : The senator is ripht. TWi
drafts are mentioned in one of the circular fe.l
ters, and but one of them, as the new nxisir
understood to be in contemplation, and KhiAl
understanding had been made the pretext f J
scourging the country. He (Mr. B.) wis ii^
capable of a theatrical artifice — a sta"-e trie'-.
in a grave debate. He had no question bmtsul
the senator could answer his question, and 1
knew that ho had answered it truly ; but [J
wanted his testimony, his evidence, against ■}•
bank ; he wanted proof to tie the bankdoi\ni(
this answer, to this pretext, to this thin (11;;^^
for her conduct in scourging the country, Tn
answer is now given ; the proof is adduced
the apprehended prohibition of the r ciivaljilji
of the branch drafts stands both as the prcted
and the sole pretext for the pressure commeneil
in January, the doubling the rates of cxchaaa
breaking up exchanges between the five Wester
branch banks, and concentrating the collem
of bills of exchange upon four great commert
cities.

Mr. B. then took six position,'', which he ttiJ
merated, and undertook to demonstrate to h
true. They were :

1. That it was untrue, in point of facttk
tliere were any new measures in contemplati*
or action, to destroy the bank.

2. That it was untrue, in point of fact, thatti
President harbored hostile and revengel
signs against the existence of the bank.

8. ihat it \7as untrue, in point of fact, I
there was any necessity for this third curt
ment, which was ordered the last of Januur, I

4. That there was no excuse, justificatioia
apology for the conduct of the bank in rtlst
to domestic exchange, in doubling its rates, fn
ing it up between the five Western braaci
turning the collection of bills upor. the priDt^

AXXO 183S. ANDREW JACKSON. I'UFMDF.XT.

537

Rupply an omispion in h,l
n what were those r.i^l
allmled to in thct«r(HM|
truction i>f the hank, tv
rt, and w':iich were mi'.!
dird ciirtnilnient, and \\,(A
nry restrictions and MyA
;haf«e of bills of cxchan.-». [
;red that it wa? the n\
pon the rcceivsihilitr (f >i,'
n payment of the fdenll

rhc senator is ripht. The J
I in one of the circular h\
them, as the new nicasir
I contemplation, awl wh ,
been made the pretext fJ
itry. He (Mr. B.) wm it.
cal artifice — a stage tr'd-
He had no question butta
mswer his question, and (
answered it truly ; l«it J
)ny, his evidence, against •
jroof to tic the bankdrwnti
} pretext, to this thin di-piij
scourging the country. TV
\n; the proof is adduced; !
:ohibition of the r caivabilitj
;8 stands both as the prcM
:t for the pressure commonoJ
ubling the rates of exchaifi
iges between the five VTcJici
I concentrating the collectia
e upon four great commeri

k six positions, which he etnj
irtook to demonstrate to \

untrue, in point of fact,tl
iw measures in contempte
oy the bank,
.ntrue, in point of fact, that
ed hostile and revengeful
existence of the bank,
untrue, in point of fact.tl
cessity for this third cur
ordered the last of Janubry.
vas no excuse, juBtificatioi
onduct of the bank in rtl
nge, in doubling its rates.b
„ the five Western brand
:tion of bills upor. the prinq

pianorrifti ciiit'S, and fi>rbid ling the branch at
Seff (Jrlcans to purcha-st.- MIU on any part of the

Wal.
!, xhat this curtailment and these cxchanpc

[ rtni'*''""^ '" «'ft""'"*y wire political and rc-
j^lytionary, and connected thein.'^eivcs with the
I r<«luti(in in the Seni.tc for the condemnation
^S President Jackson.

(i. That the di.strc-s of the country wa.s oc-
lii-ioncd by the Bank of the United States and
ilie Senate of the United States, and not by the
iMiionl of the dep>jsita.

Ilavin^r ftated his positions, Mr. B. proceeded

[to demoustrate them.

1, As to the new mea.sures to destroy the

ink, ^.''■• B. said there were no such measures.

one indicated, that of stopping the re-

uipt of t''c branch bank drafts in payments

io the United States, existed nowhere but in

Lie t«o-aiid-twcnty letters of instruction of the

pKsidcnt of the bank. There is not even an

■L'ation that the measure existed ; the lanp lage

• in contemplation " — " understood to oe in

jntcnplation," and upon this flimsy pretext

'an nidorstanding of something in contempla-

|on. and which something never took place, a

[t (if n thless orders are sent out to every quar-

K of t'lic U nion to make a pressure for money,

id to embarrass the domestic exchanges of the

[nion. Tlirco days would have brought an

iswer from AVa-shington to Philadelphia — from

ic Treasury to the bank ; and let it be known

It there was no intention to stop the receipt

[these drafts at that time. But it would seem

It the bank did not recognize the legitimacy

Mr, Taney's appointment! vid therefore

not condescend to correspond with him

I Secretary of the Treasury ! But time gave

answer, even if the bank would not inquire

the Treasury. Day afte? day, v,eek after

ek, month after month passed off, and these

ioubtable new measures never made their np-

mce. "Why not then stop the curtailment,

restore the exchanges to their former foot-

\1 February, March, April ''*av. June, five

iths, one hundred and fifty days, all passed

^y; the new measures never ci me; and yet

[pressure upon the country was kept up; the

-ard-twenty orders were continued in force.

it can l)e thought of an institu' 'on which,

anned by law with powei over the

KTed system of the whole country, should

piocecd to exercise that yv>wer to distress that
country for money, ujMm an umh-rstaiKlinp that
somcthinc: was in cont.'niplation; and never in-
quire if its undiTstandiiii: was correct, nor cciwo
its operations, when each siicres.sivi> d.iy. fur
one hundred and fifty day.<. ]. roved to it that
no such thin;: was in contetnpiation ? At hi.-t,
on the 27th of June, when thei)rcssute is to be
relaxed, it is done upon another {rround; not
upon the ground that the new measures had
never taken effect, but because Conjiress was
about to rise without having done any thiufrfir
the bank. Hero is a clear confession that the
allegation of new measures was a mere pretext ;
and that the motive was to operate tipon Con-
press, and force a restoration of the de[)0.-its. and
a renewal of the charter.

Mr. B. said he knew all about these drafts.
The President always condemned their legality,
and was for stopping 'he receipt of them. Mr.
Taney, when Attorney General, condemned them
in 18'U. Mr. B. had applied to Mr, McLane, in
1832, to stop Ihem ; but he came to no decision.
lie applied to Mr. Duano, by letter, as soon as
h"" came into the Treasury; but got no answer.
He applied to Mr. Taney as soon as he arrived
at Washington in the fall of 1833 ; and Mr. Taney
decided that he would not stop them until the
moneyed concerns of the country liad recovered
their tranquillity and prosperity, lest the bank
should make it the pretext of new attempts to
distress the country ; ntid thus the v^ry thing
which Mr. Taney refused to do, lest it should
be made a pretext for oppression, was falsely
converted into a pretext to do what he was de-
termined they should have no pretext for doing.

But Mr. B. took higher ground still; it was
this : that, even if the receipt for the drafts had
been stopped iu January or February, there
would have been no necessity on that account
for curtailing debts and embarrassing exchanges.
This ground ho sustained by showing — 1st.
That the bank had at that time two millions of
dollars in Europe, lying idle, as a fund to draw
bills of exchange upon ; and the mere sale of
bills on this sum would bare met every demand
which the rejection of the drafts could have
thrown upon it. 2. That it sent the money it
rai.sed by this curtailment to Europe, to the
amount of three anda half millions; and thereby
showed that it was not collected to meet any
demand at home. 3d, That the bank had at

538

TlIinXY YEAIIS' VIEW.

tliat tiiiio(.I:iiniary, l><:;4)llie sum of .S4,2:50.:)09
of jdililic money in liiiiicl, ami tliercfore liad L'ni-
tiMl States iiioiu'v fiioiijrh in I)Oss^•^<sion to biil-
iHiff any injury from rtjection of drnfls. 4th.
That the liank hiv\ notes enonfrh on hand to siip-
]ly tliL' iilact; of iiil the drafts, cvun if thi-y were
nil driven in. .Ilh, Tliat it had stopijcd the re-
ceipt of tliese hranch drafts itselfat tlie branches,
except eauli fur its own in Xoveuiher, l^.".;i, and
was conipelk'd to resume tlieir receipt \y the
energetic and jnst conduct of Mr. Taney, in piv-
iii;^ transfer (h'afts to be u.'^d apainst the branch-
es whicli would not honour the notes and drafts
of the other branches. Here Mr. B. turned up-
on Mr. Tyler's report, and severely arraigned it
for alleging that the bank always lionored its
pap 'V at every jjoint, and furnishing a supply of
tu'gativo testimony to prove that assertion,
when thei'o was a laige mass of positive testi-
mony, the disiiU rested evidence of numerous
respectable per.-uns, to prove the contrary, and
which the committeo had not noticed.

Finally, M. B. had recourse to Mr. Biddle's
own testimony to annihilate his (Mr. Biddle's)
affected alarm for the destruction of the bank,
and the injury to the country from the repulse
of these famous branch drafts from revenue pay-
ments. It was in a letter of Mr. Biddle to Mr.
Woodburj' in the fall of 1834, when the receipt
of these drafts was actually stopped, and in the
order which was issued to the branches to con-
tinue to issue them as usual. Mr. B. read a
passage from this letter to show that the receipt
of these drafts was always a mere Treasury ar-
]-angcment, in which the bank felt no interest ;
that the refusal to receive them was an object
at all times of perfect indiflerence to the bank,
and would not have been even noticed by it, if Mr.
AVoodbury had not sent him a copy of his circular.

Mr. B. invoked the attention of the Senate
upon the fatal contradictions Avhich this letter
of November, and these instructions of January,
1834, exhibit. lu January, the mere under-
standing of a design in contemplation to exclude
these drafts from revenue payments, is a dimger
of such alarming magnitude, an invasion of the
rights of the bank in such a flagrant manner, a
proof of such vindictive determination to pros-
trate, sacrifice, and ruin the institution, that the
entire continent must be laid under contribution
to raise money to enable the institution to stand
the shock ! November of the same year when

the onler for the rejection nrtually romcs [\
the same measure is declared to bo one m" |,
utmost indiflerence to the bank ; in « liip|,
never felt any interest; which tlio Trcas j,
adopted for its own convenience ; which «a, ,
ways under the exclusive control of the Tr
sury ; about which the b.ink had never cxpn..
ed a wish; of which it would have taken r
notice if the Secretary had not sent them a c-.
cular ; and the expediency of whicli it was nci
intended to question in the remotest ik^^i
Having pointed out these fatal contrafliction.
Mr. B. said it was a case in which tlio emphatit
ejaculation might well be repeated : Oh ! thai
mine enemy would write a book !

To put the seal of the bank's contempt on tlu
order prohibiting the receipt of these drafl? i,
show its disreganl of law, and its ability to suj.
tain its drafts upon its own resources, andwiiV
out the advantage of government reeeiTabiljtv
Mr. B. read the order which the president of ttj
bank addressed to all the branches on the mn
of the circular which pave him infonnatio, i\
the rejection of those drafts. It was in thts
words : " This will make no alteration whateTerl
in your practice, with regard to issuing or m;,
ing these drafts, which you will continue as hi J
tofore." What a pitj, said Mr. B., that the ml
sident of the bank could not have thought J
issuing such an order a.s this in January m
of sending forth the mandate for curtailm; i;vli
embarrassing exchange, levying three niiliii
and a half, alarming the country with the ci
of danger, and exhibiting Pre ident Jack-on
a vindictive tyrant intent upon the ruin of
bank!

2. The hostility of the President to the bai
This assertion, said Jlr. B., so incontinently
iterated by the president of the bank, is uti
up and repeated by our Finance Committee,
whose report he wa,s now paying an instalma
of those respects which he had promised tl
This assertion, so far as the bank and the
mittee are concerned in making it, is an as
tion without evidence, and, so far as the farts
concerned, is an assertion against evidence.
there is any evidence of the bank or the commiii
to support this assertion, in the forty pagesof
report, or the three hundred pages of theapi
the four members of the Finance Comml'tK
produce it when they come to reply. That il
was evidence to contiadict it, he was now

ANNO 1835. ANI)RP:\V JACKSON. TKICSIDKNT.

533

tion nctunlly poinw. t^r^
li-clare<l to be one of tu
» the Imnk ; in whirh ^
8t; which the Trias, n
nveiiicncc ; which vm ,,
iHivc control of the Tr»
10 bank had never exprtj.
it would have taktnt,, I
y had not sent them a t,;.
icncy of which it was m \
1 ill the remotest (lc;:w«;
these fatal contrailiclioii<, 1
case in which the emphaiK I
L'll be repeated ; Oli ! ih« |
rritc a book !
the bank's contempt on ik I
B receipt of these draft?, tol
f law, and its ability to siii-|
its own resources, andwfcl
)f government rea'iTatMlity.l
er which the president of itjl
ill the branches on the rwtiitl
ch pave him infoniiatio, oil
L'so drafts. It ^\as in thsj
make no alteration whattTtil
ith regard to issuing or ]4;.|
lich you will continue aslitn
jity, said Mr. B., that the p»l

could not have tliought ii\
ieras this in January, imtei
s maiidateforcurtailme'iA
lanpe, levying three iiiillio
ng the country with the err]
liibiting Pro^dent Jackanii

intent upon the ruin ofl

of the President to the bsi
1 Sir. B., so incontinently 1
esident of the bank, is tii
y our Finance Committtej
vas now paying an instate
ivhich he had promised tl:
far as the baak and the
ned in making it, is anas
ence, and, so far as the fartii
issertion against evidence,
ice of the bank or the commitii
sertion, in the forty pages of i
e hundred pages of the appcD '
of the Finance Comral'teei
_;hoy come to reply. That tl
contradict it, he was now

{,fh<)*'

Thi.scvi<lencecim.'<istcd in four or five i

' canJ prominent fa-ts, which he would now

I niion. aii'J in other circumstanccH, which he l

mil .'how herfafter. The first was the fact .

liicb In' ""ntioned when this rt'port W.18 fi rst read

n ihc iStliof December last, namely, that Pro.si-

. ( Jackson had nominated Mr. IJidillo at the i

^ a,l of the government directors, and thereby

.licatid liim for the presidency of the bank, for

ra' suocessivo years after thi.s hostility was

VI imsod to have commenced. The second was,

ht the President liad never ordered a sciie

j,i(W to is.-'iie against the bank to vacate it.s

krter wliich he has the right, under the

iMilv-tliinl section of the charter, to do,

riicnivcr lie believed the charter to be violated.

[he third, tiiat during many year.'*, heha,s never

i,Mm« 1 hi' Secretaries of the Treasury to stop the

Bvernmeiital receipt of the branch bank draft.s,

I'liough las own mind upon their illegality had

ten made up for several years past. The fourth,

It after all the clamor — all the invocations

on heaven and earth against the tyranny of

novin" the deposits — those deposits have

irer Iiappcned to be quite entirely removed !

averaze of near four millions of (k)Ilars of

iblic money has remained in the hands of the

jik for each month, from the 1st of October.

3?,, to the 1st of Januarj', 1835, inclusively!

nbracing; the entire period from the time the

Jer was to take effect against depositing in the

jk of the United States down to the com-

Incemcnt of the present year ! So far are the

i.-its from being quite entirely removed, as

public are led to believe, that, at the distance

il\een months from the time the order for the

loval began to take effect, there remained in

I hands of the bank the large sum of three

llions eight hundred and seventy-eight thou-

fd nine hundred and fifty-one dollars and

;ty-seven cents, according to her own show-

I in her monthly statements. That President

;5on is, and always has been, oppo.sed to the

ktence of the bank, is a fact as true as it is

^orablc to him ; that he is hostile to it, in the

ictive and revengeful sense of the phrase, is

•ertion, Mr. B. would take the liberty to

^at, without evidence, so far as he could see

the proofs of the committee, and against evi-

to the full extent of all the testimony

kin his view. Far from indulging in rc% enge-

-cntment against the bank, he has been

patient, indulgent, and forebearing towanl^ it. to
a degne hanlly ciiinpatihlo with hit duty to hi-*
country, and with hix constitutional sii|>irvisii)ii
over the faithful cMH-ulioii dftlif lnw.>; ton ilc-
grte which h,a» drawn u|,«)n him, us ii di ductii ii
from his own conduct, an argument in fivor of
the legality of this very branch bank .iirnnry,
on the part of this very iHunmittee, as mnv bj
seen in their rcjiort. Again, tlie very circum
stince on which this charge of ho-tility rests in
tlie two-and-twenty letters of Mr. l!i<!dle, jjroves
it to be untrue : for the stoppage of the draft.*,
understood to bo in contemi)!ation, was not in
contemplation, anil did not take place until the
pecuniary concerns of tlie country weretnuKpiil
and prosperous; and when it did thus take
place, the president of the bank declared it to
have been always the exclusive right of the gov-
ernment to do it, in which the bank had no in-
terest, and for which it cared nothing. No, said
Mr. B., the President has opposed the rechartLT
of the bauK; he has not attacked its present
charter ; he has opposed its fulitrc, not its pre-
sent existence ; and those who characterize this
opposition to a future charter as attacking the
bank, and destroying the bank, must ailmit that
they advocate the hereditary right of the bank
to a new charter after the (dd one is out ; and
that they deny to a public man the ri^ht of op-
po.sing that hereditary cluiin.

3. That there was no necessity for this third
curtailment ordered in Januaiy. Mr. B. said,
to have a full conception of the truth of this po-
sition, it was proper to recollect that the bank
made its first curtailment in August, when the
appointment of an agent to arrange with the de-
posit banks announced the fact tliat the Bank of
the United States was soon to cease to be the
depository of public moneys. The reduction
under that first curtailment was ,'j>;l,()()0,(JOO.
The second vas in October, and under that or-
der for curtailment the reduction was !|ti.5,825,000.
The whole reduction, then, consequent upon the
expected and actual removal of deposits, was
$9,891,000. At the same time the whole amount
of deposits on the first day of October, the day
for the removal, or rather for the cessation to de-
posit in the United States Bank to take elfcct, was
$9 808,435 ; and on the first day of February,
1834, when the third curtailment was ordered,
there were still $3,000,561 of these deposits on
hand, and have remained on hand to near that

•nilRTY YEARS' VIEW,

•mount cvcT finw ; so lliat the bank in the two
first ciirtaihm'nls. nccomiilished lii-twpcn Au(rii«t '
and Janimry, had actually curtnilod to the whole
amount, and to the exact amount, upon precise I
ealrulation, of the amount of doponits on hand
on the first of October; and Btill had, on the [
first of January, a fraction over three millions [
of the deposits in its possession. This simple
Btatement of sums and dates shows that there
was no necessity for ordering a further reduction
oflii;:?,320.00()in January, as the bank had al-
ready curtailed to the whole amount of the de-
posits, and $22,500 over. Nor did the bank put
the third curtailment upon that ground, but tip-
on the new measures in contemplation ; thus
leavinn; her advocates every where still to attri-
bute the pressure created by the third curtail-
ment to the old cause of the removal of the de-
posits. This simple statement of facts is suffi-
cient to show that this third curtailment was
tmnecessary. What confirms that view, is tliat
the bank remitted to Europe, as fast as it was
collected, the whole amount of the curtailment,
and $105,000 over; there to lie idle until she
could raise tr o foreign exchange to eight per cent,
above par ; which she had sunk to five per cent,
below par, and thus make two sets of profits out
of one operation in distressing and pressing the
country.

4. No excuse for doubling the rates of ex-
change, breaking up the exchange business in
the West, forbidding the branch at New Orleans
to purchase a single bill on the West, and con-
centrating the collection of exchange on the four
great commercial cities. For this, Mr. B. said,
no apology, no excuse, no justification, was of-
fered by the bank. The act stood unjustified
and unjustifiable. The bank itself has shrunk
from the attempt to justify it; our committee,
in that report of which the bank proclaims
itself to bo so proud, gives no opinion in its
brief notice of a few lines upon this transaction;
but leaves it to the Senate to pronounce upon
its wisdom and necessity ! The committee, Mr.
B. said, had failed in their duty to their country
by the manner in which they had yelled this
affair of the exchanges in a few lines ; and then
blinked the question of its enormity, by refer-
ring it to the judgment of the Senate. He made
the same remark upon the contemporaneous
measure of the third curtailment ; and called on
the author of the report [Mr. Tyler] to defend

his rf'jHirt, and to defend thccondiirt 'f thet*ii|
now, if he could; and n'fiucstcd him fortft, I
all this part of his Hpeech as a fiirtlicr in-ivF
mciit paid of what wa.s due to thut rqHirtfj.,, L
bank.

5. That the curtailnuut and cxrliiinr.>p ^.i
gulations of Janu:iry wore political aivl ttT',
lutionary, and connect themselves witi, ,
contemporaneous proceedings of the ^'■n%\('„
the condemnation of the President. Ti,^( ^\
curtailment, and these regulations were u,u,',
and wicked, was a proposition, Mr. Jj, ,,.i
which resulted as a logical conclu.sidn fmnmiji
had been already shown, namely', that thcvirJ
causeless and unnecessary, and done upon itt
texts which have been dcmon.stratod toljofji
That they were political and rcvolutionarv, i
connected with the proceedings in the .^cmj
for the condemnation of the Prcsidi'iit, jiemnj
now prove. In the exhibition of this proof, j
first thing to be looked to is the ciironolor
the events — the time at which the lank nj*
this third curtailment, and sent forth tiie-'ejl
change regulations — and the time at which (i
Senate carried on the proceeding against tJ
President. Viewed under this aspect, the ti[
movements are not only connected, but idenid
and inseparable. The time for the condemnatj
of the President covers the period from thei'a
of December, 1833, to the 28th of March. ItjJ
the bank movement -is included in tiic i
period ; the orders for the pressure wert im
from the 21st of January to the 1st of Fchn
and were to accomplish their effect in tiiemoi
of March, and by the first of April ; except i
place, where, for a reason which will "oc fkJ
at a proper time, the accomplishment oft
effect was protracted till the 10th day of .Id
These, Mr. B. said, were the datesof issuinji
orders and accomplishing their effect ; the i
of the adoption of the resolution in the baiilj
this movement is not given in the report Ij
must have been, in the nature of things, aiitai
to the issue of the orders ; it must have I
some days before the issue of the orders ;ij
was, in all probability, a few daysafterthea
mencement of the movement in the Sei|
against the President. The next point ofi
nection, Mr. B. said, was in the subject nijffl
aud here it was necessary to recur to the orsj
form, and to the second form, of the resoM
for the condemnation of the President, hi

ANNO 1833. ANUKKW JAfKWjN, rUFMMCNT.

.ilmtnt nnd cxclianp' t*.|
r were political ami tc
icct thctnsclvcH with \
)cccding8 of the S. nate ;,]
the President. That ikj]
so regulations were wani
proposition, Mr, 15. *
loj;ic!il conclusion fronmi,
own, namely, tliat thcvffs:
iessary, and done uinm j
ccn demonstrated to IjcfjLn
itical and revolutionary, ja
3 proceedinRS in the Sti
on of the President, lie whJ
e exhibition of this iiroot.il
lokcd to is the chronol <r:
tnc at which the hank n
lent, and sent forth thenc
;— and the time at which
a the proceeding apninit
ed under this aspect, then
)t only connected, but idcKi
The time for the condenraaii
:overs the period fi'om thcii
3,to the 28th of March. ItSi
lent -is included in the a
-8 for the pressure won is
January to thelstof Fibi
mplish their effect in tlio ra
the firstof April; excel tin
a reason which will be f]t
the accomplishment o(
ic'ted till the 10th day of .\i
id, were the dates of issmii!
np'lishing their effect ; the
jf the resolution in the hd\
s not given in the report,
in the nature of things, mt
the orders ; it must have
the issue of the ordeR;
dbility, afewdaysafterthed
the movement in the ^
sident The next point o(«
8aid,was in the subject iii«l
necessary to recur to the ot«
.e second form, of the rcsotf
infttion of the President, hi

ir t,or (ir.inordial form, the n-HoIution vrtm ex- ,
\r,rt*>W ciiiiiiect«<l with the aiuwj of the bank, j
vrai. •'"■ di.>uii-i8iiig Mr. Duane becau.se he
[ffiuM not ninove the dei>o.xit.«<, and appointing
Mr T;ini V Ix-cause ho would remove them. In
L,. jnwnd f' rin of the resolution — that form
ihich natunili;<t» woidd call it.s aun-lia, or
p| rvMlis slate — the phraseology of the connec-
„] fl-M varied, but still the cfitinection wa.s
tained and expressed. Tlio names of Mr.
lam: and Mr. Taney were drop|H.'d ; and the
ftnoval of the dejK).»iits upon his own re.xpon.si-
ilitv was the alleged offence of the President.
its third and idtimatc tran.sfonnation, all al-
;iun to the bank wa< dropped, and the vague
irm '' iwi'iiue " wa.i .^ub.si;"ited; but it was a
ilijlitiitii*" "^ phra.se oidy. without any alter*-
,!) of eeiise or meaning. The resolution is the
le under all its phases. It is still the bank,
111 Mr. Taney, and Mr. Duane, and the removal
tbedtpo.sits, which are the things to be un-
(Rtood, tlioiigh no longer prudent to cxpres.s.
these sid)stantial objects arc veiled, and
|l,?titutcd by the empty phrase " revenue ; ''
lih mijrht signify the force bill in South
Lrelina, and the bank question in Plilladelphia !
L vagueness of the expression left every gen-
|man to fight upon his own hook, and to hang
vote upon any mental reservation which
id he found in his own mind! and Mr. B.
(lid go before the intelligence of any rational
1 with the declaration that the connection
livcen the condemnation of the President and
I cause of the bank was doubly proved ; first
[the words of the resolution, and next by the
ission of those words. The next point of
jiection, Mr. B. said, was detected in the
, varied to suit each State, at which the
Lure under the curtailment was to reach its

kimum; and the manner in which the re-

jctions upon the sale and purchase of bills

xchange was made to fall exclusively and

kily jpon the principal commercial cities, at

jmoment when most deeply engaged in the

fhase and shipment of produce. Thus, in

|-York, where the great charter elections

to take place during the first week in

il tiie curtailment was to reach its maximum

pure on the first day of that month. In

pnia, where the elections are continued

bghout the whole month of April, the pres-

ITM not to reach its climax until the tenth

day of that numth. In ('onne<ticui, where the
electioni< t>ccnrn<l alxMit the firot <! April, the
pnnsure wan to havi- its luMt turn of the unw
in the month of Manli. And in thttk- iluie in-
stana's, the only ones in which the ch«tion.s
wiTe deiK-Muling, the political bearing of tlm
pressure was clear and undeniable. The sym-
pathy in the Senate in the rcsult.s of thotic p(di«
tical calculations, was displayed in tliee.xultution
which broke out on n-ceiving the news of the
elections in Virginia, Ncw-Vork, and t'onneeticut
— an exultation which broke out into the most
extravagant rejoicings over the supposed down-
fall of the administration. The careful calcula-
tion to make the pressure antl the exchange
regulations full upon the commercial cities at
the moment to injure commerce moht, was al-^o
visible in the times fixed for each. Thus, in all
the western cities, Cincinnati, Louisville, Le.\
ington, Nashville, Pittsburg, ISaint I.oui.s, the
pressure was to reach its maximum by the first
day of March ; the shipments of western pru-
juce to New Orleans being mostly over by that
time ; but in New Orleans the i)ressuro was to
be continued till the first of April, becatise the
shipping season is protracted there till that
month, and thus the produce which left the
upper States under the depression of the jires-
sure, was to meet the same pressure upon its
arrival in New Orleans ; and thus enable the
friends of the bank to read their ruined prices
of western produce on the floor of this Senate.
In Baltimore, the first of March was fixed, whicii
would cover the active business season there.
So much, said Mr. B., for the pressure by cur-
tiilment ; now for the pressure by bills of ex-
change, and ho would take the case of New
Orleans first. All the branches in the West,
and every where else in the Union, were author-
ized to purchase bills of exchange at short dates,
not exceeding ninety days, on that emporium
of the West ; so as to increase the demand for
money there ; at the same time the branch in
New Orleans was forbid to purchase a single
bill in any part of the valley of the Mississippi.
_ This prohibition was for two purposes ; first, to
break up exchange ; and next, to make money
scarce in New Orleans ; as, in default of bills of
exchange, silver would be shipped, aud the ship-
ping of silver would make a pressure upon all
the local banks. To help out this operation,
Mr. B. said, it must be well and continually

542

TIIIUTV VEA^S* VIFAV.

%^^'

'^ r.

■''

ri'iiitinlicnil tlint the U"nkof the i nilcd .SUtcH
ifM'lf ttlKlnctc«l alxHit ono million m! « quarti-r
of hiinl (li>ll)ir< from New Oilcann durinj? t!u
priod (f the pn-nKiire thcri- ; iIiuh provuijf O'^xt
ikU her aire ! ncirnHity \'>v curtnilment wiw a
fal-'c and v • K' il pwtfxt for tlic cover of her own
)i<>hiioul (tiid revohitionary viewH.

Tfie ca>ic of tlie wentera hrnnches was next
adverted tohyMr. li. Atnonp; these, he Baid,
the hiininc-s of e.\(?hanp« was broken up in tnto.
The hve western hraiicheH were forbid to jiiir-
chase exchanpo at all ; mid this tyronnical order
was not even vcilid with the pretext of on ex-
cuse. Upon the North Atlantic cities, Afr. I}.
Piiid, nnliinited authority to all the branch. - van
piven to purehase billH, all at short dates, under
ninety days ; and all intended to bcconir due
duriuj,' the shifiiiing season, ■■> nd to incrciuio the
demand lor money while the curtailment was
poinp on, and the screw tiiminj? from day to day
to lessen the capacity of petting money, and
make it more scarro as the demand for it be-
came urfrent. Thus were the preat commercial
cities, Now Orleans, New-York, naltiniore, and
Philadelpl' a, subject to a double prcxiess of op-
pression ; and that at the precise season of pur-
clm.sing and shippinp crops so as to make their
distress recoil upon the planters and farmers ;
and all this upon the pretext of new mcoHurcs
understood to be in contemplation. Time again
becomes material, said XIr. B. 'i'he bank pres-
sure was ar'-anped in January, to reach its climax
m March and the first of April ; the debate in
the Senate for the condemi 'ition of President
Jackson, which cot imonccd m the last days of
December, was protracted over the whole period
of the bank pressure, and reached its consum-
mation at the same time ; namely, the 28th day
of March. The two movements covered the
same period of time, reached their conclusions
together, and co-operated in the effect to be
produced ; and durinp the three months of this
double movement, the Senate chamber resound-
ed daily with the cry that the tyranny and
vengeance of the President, and his violation of
laws and constitution, had created the whole
distress, and struck the nation from a state of
Arcadian felicity — from a condition of unparal-
leled prosperity — to the lowest depth of misery
and ruin. And here Mr. B. obtested and be-
eought the Senate to consider the indifference
\rith which the bank treated its friends in the

Senate, and the «<>rrowftil ronlradiction in »i
they were left t" U« raupht. In the S. n«'e ^il
all «iver the country, the frieiuU of ih,. (^ I
were allowetl to po on with the ol,| tun*, ^yl
run upon the wrong ^ccnt. <>f nniovi,! ,.( ,if
dej)osits creating all the distress ; w liil<., j, ,
Iwo-and-twenty circular letters dinpatdu.)^
(irnte this distress, it was not the dM pioi.,,
alori' but the new moa.suivn coiitciiijilat,.,! ,
con- tuteil the pretext for this viry >;,;
tress. Thus, the bank stood upon oiu; iirvtrj
>nd its friends stood upoti another; nnilffii-
mortifying contradiction, in which all it, frjfj,
have become exposed to see their infun'j
speeches i xploded by the bank itself, am
dignation ought now to be felt by nil tin fn,,
of ti bank, who were In; ing the distn— i, j
removal of the deposits, and daily crj inj ,
that nothing cotdd relieve the country Imt \
restoration of the deposits, or the retliartir 1
the bank ; while the bank itself was writin;
its branches that it was the new mon.mmii i
derstood to lx> in contemplation that «as i-n|
sioning all the mischief. Mr. B. woiiM (|,J^
this head with a remark which oupht hi net
reflections which should never die aw.iv ; M
should be remembered as long as national W
existed, or asked for existence. It nas tJil
That hero was a proved case of a nationallu
availing itself oC its oiganization, niid of j
power, to send secret .orders, upon a false t
text, to every part of the Union, to create c
tress and panic for the purpose of nccomplisli:
an object of its own ; and then pubiidc i
calumniously charging all this misrlmf en \i
act of the President for the removiil of the
posits. This recollection should warn the o
try against ever permitting another natio
bank to repeat a crime of such fi -litful ima
rality, and such enormous injury to the k-ii
and property of the people. Mr. B. c.\prti<|
his profound regret that the report of the k
conunittec was silent upon these dreadful esi
mitics, while so elaborate upon trifks in fiij
of the bank. He was indignant at the miclai
d-one to private property ; the full in tin ]
of staples, of stocks, and of all real and pmi
estate ; at the ruin of many merch.ints. a
injury of many citizens, which took place dm
this hideous season of panic and pressure.
was indignant at the bank for creating its
still more for its criminal audacity in clu

ANNO isn.v Axnur.w Jackson. i'ia>.im:NT.

543

\fiil rontra'lirtion in»» ji
■aiiflht. In the Si nvp t,,

r, tllO frU'lKln of t|M> Ifli,

(in with tliP old tunc i-,
X nccHt. "f ri'nioN.il ■ •,
tlic distress 5 wliilc. in ij
•iilnr Ifttcrs (liHp»ir!.,.| .,
it woH in)t llic (iM imi.i
casiiivn rotiti'inpliiii'il, « •
I'xt for thin vtry sm
iiik stood upon oiui | ,
1 upon another; nml f rtij
•tion, in which nil ii- fr;^:
<cd to SCO their iii' uri'
by the bank itself, aju-!
,V to bo felt by nil tin fn,:.
ere lie in|? the distre>- n, ^^
posits, and dnily cryinj lA
I relieve the country tiut
deposits, or the reciiarttr I
10 bank itself was writin;
t was the new nion-siins
jontemplation thsit was i"ril
ischicf. Mr. H. would (]«
cmark which ou^ht Inn
should never ilic away ; whir]
cred as long aa national U;
for existence. It was tbl
roved case of a national U

its oiganization, and of
.'cret .orders, upon a fal^e p
t of the Union, to create
r the purpose of accomiilis
own ; and then publiclv
[•p;ing all this misrhief en !3
■nt for the removal of tie 1
illcction should warn tl;t

permitting another natj
crime of such fii^rhtful imi
mormotis injury to the Iju-i
the people. Mr. B. cxpnd
•et that the report of tliel*
lent upon these diTadfiil mi
elaborate upon trifles infm
; was indignant at the mi-
property ; the fall in the [dj
:ks, and of all real and pei««
lin of many merchants, and
litizens, which took placici
;on of panic and pressure.
t the bank for creating li
3 criminal audacity in rf

I „« own condin*t npon the Pre«i«l«>nt ; «nd he
(U ni"rti>i*'d, |irofoundly niortilled, that kII
ih,« ihiiiild liavu e«c»tHd the attrntinn of the
r nuff <'"iimi't»'<'. "I'd enabled them to make
|jp.p.,r; . 1 wliich tlio bank, in it* odlrial orpin,
fin-Ur** ''"'"^ •" '•« j"dly prr)ud ; which it now
In mulirpoin^ the ukiuiI prorenn of dilfusion
llhriiiplilh''I'"''''cation<)fsupp1emMitalpazetfos;
Uhiiii it ojienly avers would hnro insured the
Ir.. hart'T if it had roine mit in time 5 and to which
I, nmv liH)ks for such rccharter as noon as I'n-s-
licVnt Jackson retires, nn<l the country can bo
Ithrnv into confusion by the distractions of a
:d election.
■"• took up another head of evidence
that the curtailment and cx-
is of January were political and
and connected with the procoe<l-
■yiNoftlic Inmate for the condemnation of the
pwiilent i and hero ho would proceed upon
irl'lcnce drawn from the bank itself, Mr. B.
fconrca<i extracts from Mr. Biddle'.^ letters of
D-tnictions (January 30, 1834) to Joseph John-
pin, Esquire, president of the branch bank at
tharleston, South Carolina. They were as fol-
Lws: "Willi a view to meet the coming crisis
1 the banking concerns of the country, and
tpeoially to provide against new measures of
utility luiderstood to bo in contemplation by
ke executive olilcers at Washington, a general
^diiction has been ordered at the several offices,
ii 1 have now to ask your particular attention
»accompIi>i it." ♦ * * ♦ "It is as dis-
Titable to is as it can be to yourselves to
lipose any nstrictions upon the business of the
Ecc. But you are perfectly aware of the cfTort
lliich Ims been making for some time to prostrate
le bank, to which this new measure to which
|have alluded will soon be added, unless the
'ojectors become alarmed at it. On the defeat
[these attempts to destroy the bank depends,
1 our deliberate judgment, not merely the pe-
niary interests, but the whole free institutions
I our country; and our determination is, by
|en a temporary sacrifice of profit, to place the
ok entirely beyond the reach of those who
ditate its destruction."
IMr. B. would invoke the deepest attention to
lis letter. The passages which he had read
fn not in the circulars addressea at the same
|ie to the other branches. It was confined to
i letter, with something similar in one more

which be wotdd prrnently md. The roniin«
crii»i"i ill tb'- Imnkiii;* coticcm<< of the country i*
here shadow , 'I f.irlh. and mcntly fop-told, thrt"
months ImTom- it hn||>in<d ; and with po<M| n r^
son, for the prophet of tin- 1 vil wa.s to ndsi^t in
fiiHiiling bis pn>phecy. With this norrvt pre-
dict .011, made in Jantmrv, i-i to U' connected thu
public pn'dictioiis conteniponuicdiiHly nia<!e on
this flcMir, and continue*! till ,\pril. when the
e,\-pIo.«ion of »!oiiie banks in this district wan
proclaimed aa the comiiu'iicrnniit of the irmernl
ruin which wn" toll, ,olve all local banks, and
especially the v, l>/i^ ftuty-fiind list of bank",
in one iiniv 1 v! 'Vittfl; t -iphe. The .'^iiialc would
remenibo/ ill li.l . i"'d upare him npetifioim
which must now i. heard with jiaiii. though
uttered with s.itisfiiction a few months ago. The
whole free institutions of our eoiinfry was the
next phrase in the letter to which Mr. H. called
attention. He said that in this jdirasc the [ndi-
tical designs of the bank stood revealed; and he
averre<l that this language was identical with that
u,se<l upon this floor. Here, then, is the secret
order of the bank, avowing that the whole free in-
stitutions of the country are taken into its holy
keeping; and that it was determined to sul)-
mit to a temporary Bncriflcc of profit in sus-
taining the bank, which itself sustains the
whole free institutions of the country ! What
insolence ! What audacity! But, said Mr. B.,
what is hero meant by free institutions, was
the elections! and the true meaning of Mr.
Biddlo's letter is, that the bank meant to submit
to temporary sacrifices of money to carry the
elections, and put down the Jackson adminis-
tration. No other meaning can be put upon
the words ; and if there could, there is further
proof in resen'O to nail the infamous and wicked
design upon the bank. Anotlter passage in this
letter, Mr. B. would point out, and then pro-
ceed to a new piece of evidence. It was the
passage which said this new measure will soon
be added, unless the projectors become alarmed
at it. Now, said Mr. B., take this as you please ;
either that the projectors did, or did not, be-
come alarmed at their new measure ; the fact
is clear that no new measure was put in force,
and that the bank, in proceeding to act upon
that assumption, was inventing and fabricating
a pretext to justify the scourge which it was
meditating against the country. Dates are here
materi.il, said Mr. B. The first letters, foundc?

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544

TliniTV YKAIIS vii;\v.

on these new measures, were duU-d the 2l8t of
January ; and 8{ioke of them as bcin^ under-
stood to Jie in contemjiltttion. This letter to
Mr. Johnson, wliidi sjitaks hypothetical Ij', is
dated tlic 30lh of January, being eijj;ht days
later ; in which time the bank had doubtless
heard that its understanding about what was
in contemplation was all false ; and to cover its
retreat from having sent a falsehood to two-
and-twenty branches, it gives notice that the
new measures which were the alleged pretext
of panic and piessure upon the country were
not to take place, bccaiiso the projectors had
got alarmed. The beautiful idea of the projec-
tors — that is to say. General Jackson, for he
is the person intended — becoming alarmed at
interdicting the reception of illegal drafts at the
treasury, is conjured up as a salvo for the honor
of the bank, in making two-and-twcnty instances
of false assertion. But the panic and pressure
orders arc not countermanded. They are to go
on, although the projectors do become alarmed,
and although the new measure be dropped.

Mr. B. had an extract from a second letter to
read upon this subject. It was to the president
of the New Orleans branch, Mr. W. W. Mont-
gomery, and dated Bank of the United States
the 24th of January, He read the extract:
'• The state of things hero is very gloomy ; and,
unless Congress takes some decided step to
prevent the progress of the troubles, they may
soon outgrow our control. Thus circumstanced,
our first duty is, to the institution, to preserve
it from all danger; and we are therefore anx-
ious, for a short time at least, to keep our busi-
ness within manageable limits, and to make
some sacrifice of property to entire security.
It is a moment of great inttrest, and exposed
to sudden changes in public afiairs, which may
induce the bank to conform its policy to them ;
of these dangers, should any occur, you will
have early advice." When he had read this
extract, Mr. B. proceeded to comment upon it ;
almost every wor.' of it being pregnant with
political ana revolutionary meaning of the plain-
est import. The whole extract, he said, was
the language of a politician, not of a banker,
and looked to political events to which the bank
intended to conform its policy. In this way, he
commented successively upon the gloomy state
of things at the bank (for the letter is dated in
the bank), and the troubles which were to out-

grow their control, luiless Congress took «i[„ i
decided step. These troubles, Mr. H. said.r.Hili
not be the ilangers to the bank ; fur thv l^si I
had taken entire care of itself in the tw(^a,li.
twenty orders which it had sent out to ciiruii
loans and break up exchanges. Every on* ^
these orders announced the power of the Lani
and the determination of the bank, to takec^i^i
of itself. Troubles outgrow our control ! M laj
insolence ! When the bank itself, and its cA
federates, were the creators and fomenters d I
all these troubles, the progress of which it iJ
fectcd to deplore. The next words—mwiH.. I
of great interest, exposed to sudden chanjasijl
pu>>'ic affairs, induce the bank to conf(jrni iu|
policy to them — Mr. B. said, were toolia?rjii!|
and too barefaced for comment. They wtrtl
equivalent to an open declaration that a ixvolp.!
tion was momently expected, in which Jaci.f
son's administration would be overthrown, tnill
the friends of tlic bank brought into puHfrJ
and, as soon as that happened, the bank wouMI
inform its branches of it ; and would then mA
form its policy to this revolution, and rilki(|
the country from the distress which it was t
inflicting upon it. Sir, said Mr. B., addre»sii(|
the Vice-President, thirty years ago, the pro-l
phetic vision of Mr. Jeflierson foresaw thiscrissJ
thirty years ago, he said that this bank was al
enemy to our form of government ; that, krJ
ramification and power, and by seizing oni
critical moment in our afiairs, it could u[m|
the government ! And this is what it wviiUl
have done last winter, had it not been foro
man ! one man ! one single man ! with vbd
God had vouchsafed to favor ourAmwiaii
that hour of her greatest trial. That one i
stood a sole obstacle to the dread career of tl
bank; stood for six months as the ramp
which defended the country, the citadel ui«
which the bank artillery incessantly thundeteil|
And what was the conduct of the Senate aiiti
time ? It was trying and condemnin<; tlmtmul
killing him oQ* with a senatorial cond«nmatioi|
removing the obstacle which stood lielwetn l
bank and its prey ; and, in so doiii;:, em\)li
ing the indissoluble connection betWv^u i
movement of the bank in distresFing the pmii
try, and the movement of the Senate in cd
detnning the President.

Mr. B. said that certainly no more prtKif»^
necessary, on this head, to show that the Mv

ANNO 1S35. ANDllKW JACKSON, rur^IDF.NT.

545

f ibe bank were political and rcTolutionary,
BitiHlt*! to put down Oeneral Jackson's admin-
HtntioD. and to connwt itself with the Senate ;
Lt he liad more proof, that of a publication
indcr the editorial head of the National Gazelle,
lid which pnblioation he assumed to say, wa«
trittfii by the president of the bank. It was a
Lj article of four columns ; but he would only
a parap-aph. lie read : " The great con-
st now wnping in this country is between its
institutions and the violence of a vulgar
►jpntism. The government is turned into a
neful faction, and the spirit of liberty con-
mds against it throughout the country. On
i one hand is this miserable cabal, with all
patronage of the Executive ; on the other
ind. the yet unbroken mind and heart of the
jitiT, with the Senate and the bank ; — [in
lin" these words, in which the bank a.ssoci-
litdf with the Senate, Mr. B. repeated the
nous expression of Cardinal TVolsey, in as-
liating himself with the king: ^Ego et rex
*,']— the House of Representatives, hither-
jthe tatuitive champion of freedom, shaken by
I intrigues of the kitchen, hesitates for a time,
I cannot fail before long to break its own fet-
; first, and then those of the country. In
, quarrel, wo predict, they who administer
[bajilv will shrink from no proper share which
I country may assign to them. Personally,
pi'st be as indifferent as any of their fellow-
lens to the recharter of the bank. But they
I not suffer themselves, nor the institution
tasted to them, to be the instruments of
ate wrong and public outrage ; nor will they
t iny effort to rescue the institutions of the
ktry from being trodden under foot by a fac-
|cf interlopers. To these profligate adven-
, whether their power is displayed in the
utive or legislative department, the directors
ke bank will, we are satisfied, never yield
thousandth part of an inch of their own
pnal rights, or their own official duties ;
^ill continue this resistance until the coun-
roused to a proper sense of its dangers and
Irongs, shall drive the usurpers out of the
] places they dishonor." This letter, said
i, discloses, in terms which admit of no
n:\tion or denial, the design of the bank in
Jn;; the pressure which was got np anu con-
during the panic session. It was to
I the people, by dint of suffering, against

[Vol. I.— 35

the President and the House of Representatives,
and to overtiirn them l)(>th at the ensuuig elec-
tions. T(» do this, now stands reveale<l as ita
avowed object. The Senate and the l)«nk were
to stand together agr.inst the rresi<lent end the
House ; and each to act its part for the same
common object : the bank to scourge the people
for money, and charge its own scourging upon
the President ; the Senate to condemn him for
a violation of the laws and constitution, and
to brand him as the Caosar, Cromwell, Bona-
parte — the tyrant, despot, usurper, whr;se head
would be cut off in any kingdom of EuroiH!
for such acts as ho practised here. Mr. B.
said, the contemplation of the conduct of the
bank, during the panic session, was revolting
and incredible. It combined every thing to
revolt and shock the moral sense. Oppression,
falsehood, calumny, revolution, the ruin of in-
dividuals, the fabrication of false pretences, the
machinations for overturning the government,
the imputation of its own crimes upon the head
of the President ; the enriching its favorites with
the spoils of the country, insolence to the House
of Representatives, and its affected guardianship
of the liberties of the people and the fi-ce insti-
tutions of the country ; such were the promi-
nent features of its conduct. The parallel of its
enormity was not to be found on this side of
Asia ; an example of such remorseless atrocity
was only to be seen in the conduct of the Paul
Benfields and the Debi Sings who ravaged India
under the name of the Marquis of Hastings.
Even what had been casually and inipcrfbctly
brought to light, disclosed a system of calcu-
lated enormity which required the genius of
Burke to paint. What was behind wotdd re-
quire labors of a committee, constituttd upon
parliamentary principles, not to plaster, but to
probe the wounds and ulcers of the bank ; and
such a committee he should hope to see, not
now, but hereafter, not in the vacation but in
the session of Congress. For he had no idea of
these peripatetic and recess committees, of which
the panic session had been so prolific. He want-
ed a committee, unquestionable in the legality
of its own appointment, duly qualified in a par-
liamentary sense for discovering the misconduct
they are set to investigate; and sitting under
the wing of the authority which can punish the
insolent, compel the refractory, and enforce the
obedience which is due to its mandates.

54G

THIRTY YEARS' VIEW.

(5, The (li«trt'«B of tlie country occasioned by with more rapidity, and to a far prcnicr cornrk
the Bank of the Unite<l States and the Senate rative extent, than that wliidi has alttnckij-v,
of the United States.— This, Mr. IJ. paid, might i late reduction. Yet, what wa.s the siutc of tl*
Ijc an unpleasant topic to disctisH in the Senate ; ! country 7 Distre««ed, to be sure, but no jpaim
but this Senate, for four montlis of the last ses- no convulsion in the community ; no cry of rt.

;i^

sion, and during the whole debate on the reso-
lution to condemn the President, had resounded
with the cry that the President had created all
the distress; and the hufjc and motley mass,
throughout the Union, which marched under
the orijlawme of the bank, had every where re-
peated and reiterated the same cry. If there
was any thing unpleasant, then, in the discus-
sion of this topic in this place, the blame must
Ijc laid on those who, by using that argument in
support of their resolution against the Presi-
dent, devolved upon the defenders of the Presi-
dent the necessity of refuting it. Mr. B. would
have recourse to facts to establish his position.
The first fact he would recur to was the history
of a reduction of deposits, made once before in
this same bank, so nearly identical in every par-
ticular with the reduction which took place
imder the order for the late removal of deposits,
that it would require exact references to docu-
mentary evidence to put its credibility beyond the
incredulity of the senses. Not only the amount
from which the reduction was made, its progress,
and ultimate depression, corresponded so closely
as each to seem to be the history of the same
transaction, but they began in the same month,
descended in the same ratio, except in the in-
stances which operate to the disadvantage of the
late reduction, and, at the end of fifteen months,
had reached the same point. Mr. B. spoke of
the reduction of deposits which took place in
the years 1818 and 1819 ; and would exhibit a
table to compare it with the reductions under
the late order for the removal of the deposits.

Here, said Mr. B., is a similar and parallel re-
duction of deposits in this same bank, and that
*t a period of real pecuniary distress to itself;
a period when great frauds were discovered m
its management ; when a committee examined
't, and reported it guilty of violating its char-
ter} when its stock fell in a few weets from
one hundred and eighty to ninety ; when pro-
positions to repeal its charter, without the for-
mality o{ a, scire facias, were discussed in Con-
press.; when nearly all presses, and nearly all
voices, condemned it; and when a real necessity
oon:^JsUed it to reduce its discounts and loans

volution. And why this dillennci' ? If u,,,
reduction of deposits was to be attcnilid «iij
these effects at one time, why not nt tho oiWr
Sir, said Mr. B., addressing the Vi(t-l'rf,i,]ft.
the reason is plain and obvious. The ),,ink wjs
unconnected with pttlitics, in 1819 ; it lad
desire, at that time, to govern the ckclion
to overturn an administration ; it had no w
cal confederates ; it had no president nf the Ijni
then to make war upon the President of i!<
United States, and to stimulate and aid a gni!
political party in crushing tho President vri^j
would not sign a new charter, and in cnishiiu
the Ilouse of Representatives which stood I
him. There was no resolution then to a
demn the President for a violation of tlie In
and tho constitution. And it was tliij k
resolution, which we now propose to c.\iiii;:.j
which did the principal part of the niinin
That resolution was the root of the tiil|
the signal for panic meetings, panic ma
rials, panic deputations, panic speeches,
panic jubilees. That resolution, exhibited
the Senate chamber, was tho scarlet mantk
the consul, hung out from his teut ; it was
signal for battle. That resolution, and the
speeches which attended it, was the tocsin vtl
started a continent from its repose. And
condemnation wh'"' "'^illowed it, and whic'nl
this chamber ju time to reach the S

York, Virginia, a. ■. onnecticut election?,
pletcd the eflcct ujvjn the public mind, and
the politics and commerce of the country,
the netaures of the bank had been ci
atiiig for three months to produce. And
he must express his especial and eternal wi
how all these movements of bank and S
co-operating together, if not by arranp
least by a most miraculous system of aock
to endanger the political rights, and to injml
pecuniary interests of the people of the Ui
States, could so far escape the obsemlidj
the investigating committee of the S(iu^|
not to draw from them the expression cl
solitary opinion, the suggestion of one
idea, the application of one single rci
the prejudice of the bank. Surely tbej

AXXO 1835. AXDUEW JACKSON. I'lUi^IDKNT.

547

have toiirheil these sconcM with somcfhinp
n^rc than a few mcaprc, stintod, and starve<l
I iifj of faint allusion to tiie " now measures un-
^rstood to bo in contemplation ; " tlioae new
mtaKurcH which wem so falsely, so wickedly
fihric«t?(l to cover the preconcerted and pre-
mcdiutcd plot to upset the povemmcnt by stim-
iilitinR the people to revolution, through the
combined operations of the pecuniary pressure
ami |K)lilifid alarms.

The table itself was entitled to the gravest

I recollection, not only for the comparison which

it fU'TWi'ted. but the fact of showing the actual

proprcfs and history of the ren.oval of the de-

1 pn?its. and blasting the whole story of the Prc-

hidcnt's hostility to the bank. From this table

lit is seen that the deposits, in point of fact, have

InoTerbcen all taken from the bank; that the

Ircraoval, so far as it went, was gradual and gen-

jtle; thstan average of three millions has always

hfntn there ; that nearly four millions was there

Ion the 1st day of January last ; and before these

|fict». the fabricated story of the President's

hostility to the bank, his vindictiveness, and

riolent determination to prostrate, destroy, and

riin the institution, must fall back upon its au-

jlhors, and recoil upon the heads of the inven-

inis and propagators of such a groundless im-

tntation.

Mr. B. could give another fact to prove that

t was the Senate and the bank, and the Sent e

nore than the bank, which produced the dis-

*53 during the last winter. It was this : that

ilthough the curtailments of the bank were

Buch larger both before and after the session

Congress, yet there was no distress in the

|ountry, except during the session, and while

he alarm speeches were in a course of delivery

1 this floor. Thus, the curtailment from the

bt of August to the 1st of October, was $4,-

IBGOOO ; from the 1st of October to the meet-

r of Congress in December, the curtailment

ss 85,641,000— making $9,707,000 in four

ionths,and no distress in the country. During

session of Congress (seven months) there

a curtailment of j$3,428,138 ; and during

lis time the distress raged. From the rise of

WresB (last of June) to the 1st of November,

leriod of four months, the curtailment was

|.2"0,771, and the word distress was not heard

[the country. Why? Because there were no

nic speeches. Congress had adjourned; and

the brnk, lieing loft to it» own rcsourres, could
only iiyurc iiidividiialH, but otiuiil not alarm
and convul.-<e the community.

Mr. H. would lini-*h tlii.s view of the conduct
of the bank in creating a wanton pressure, by
giving two instances; one wa.s t lie ease of the
dcpobit bank in this city ; the other was tlw
case of a senator opposed to the bank. He said
that the braneii bank at this place had made a
steady run upon the Metropolis Hank from the
lioginning to the ending of the i)anic Kcssion.
The amount of specie which it had taken wa.s
!8t)0.'),00() : evidently for the piiri^sc of blowiii'.;
up the pet bank in this district ; and during
all that time the branch refused to receive il;o
notes, or branch drafts, of any other branch,
or the notes of the mother bank; or checks
upon any city north of Baltimore. On the pet
bank in Baltimore it would take checks, be-
cause the design was to blow up that also. Here,
said Mr. B., was a clear and flagrant case of
pressure for specie for the mere purpose of mis-
chief, and of adding the Metropolis Bank to the
list of those who stopped payment at that time.
And hero Mr. B. felt himself bound to jiay his
respects to the Committee on Finance, that went
to examine the bank last summer. That com-
mittee, at pages IG and 22, of their report,
brought forward an unfounded charge against
the administration for making nms upon the
branches of the United States Bank, to break
them ; while it had been silent with respect to
a well-founded instance of the same nature from
the Bank ef the United States towards the de-
posit bank in this district. Their language is :
" Thc! administrative department of the govern-
ment had manifested a spirit of decided hostility
to the bank. It had no reason to expect any
indulgence or clemency at its hands ; and in
this opinion, if entertained by the director",
about which there can be but little question,
subsequent events very soon proved they were
not mistaken. The President's address to his
cabinet ; the tone assumed by the Secretary
(Mr. Taney) in his official communication to
CongrcES, and the developments subsequently
made by Mr. Duane in his address to the pub-
lic, all conilrm the correctness of this anticipa-
tion. The measure which the bank had cause
to fear vris the accumulation by government
of largo masses of notes, and the existence there-
by of heavy demands against its offices (p. 16).

548

THIRTY YEARS' VIEW.

'' In persevering in its policy of re<lc«njing its
notcn whenever pre«;nted, and tlicreby con-
tinning tliein UH a universal medium of exchange,
in opiKisition to couiplaintn on that head from
some of the branches (sec copies of correspond-
ence), the security of the institution and the
good of the country were alike promoted. The
accumulation of the notes of any one branch for
the purfjose of a run upon it by any agent of
the government, when specie might be obtained
at tlie very places of collection, in exchange for
the notes of the most distant branches, would
have been odious in the eyes of the public, and
ascribed to no other feeling than a feeling of
vinJictiveness " (p. 22). Upon these extracts,
Mr. B. said, it was clear that the committee liad
been HO unfortunate as to commit a series of
mistakes, and every jnistake to the advantage
of the bank, and to the prejudice of the govern-
ment and the country. First, the government
is charged, for the charge is clear, though slightly
veiled, that the President of the United States
in his vindictiveness against the bank, would
cause the notes of the branches to be accumu-
lated, and pressed upon them to break them.
Next, the committee omit to notice the very
thing actually done, in our very presence here,
by the Bank of the United States against a de-
posit bank, which it charges without foun-
dation upon the President. Then it credits the
bank with the honor of paying its notes every
where, and exchanging the notes of the most dis-
tant branches for specie, w^hcn the case of the
Metropolis Bank, here in our presence, for the
whole period of the panic session, proves the
contraiy; and when we have a printed docu-
ment, positive testimony from many banks, and
brokers, testifying that the branches in Balti-
more and New- York, during the fall of 1833,
positively refused to redeem the notes of other
branches, or to accept them in exchange for the
notes of the local banks, though taken in pay-
ment of revenue ; and that, in consequence, the
notes of distant branches fell below par, and
were sold at a discount, or lent for short periods
without interest, on condition of getting specie
for them ; and that this continued till Mr. Taney
coerced the bank, by means of transfer drafts
to cause the notes of her branches to be re-
ceived and honored at other branches as usual.
In all this, Mr. B. said, the report of the com-
mittee was most unfortunate ; and showed the

necessity for a new committee to examine t^a
I institution ; a committee constituted u|x>o ur-
j liamentary principles — a majority in favor of jn.
J quiry — like that of the Post Office. The cru.
tion of such a committee, Mr. B. said, wu th^
I more necessary, as one of the main guards jj,
tended by the charter to be placed over tU
bank was not there during the period of tW
pressure and panic operations ; he allude<l to the
government directors ; the history of who«e re-
jection, after such long delays in the Senate to
act on their nomination, is known to the whole
country.

The next instance of wanton pressure whjrh
Mr. B. would mention, was the case of an ic.
dividual, then a member of the Senate fron
Pennsylvania, now minister to St. Petersbur'
(Mr. Wilkins). That gentleman had infurniol
him (Mr. B.), towards the close of the last
session, that the bank had caused a scire fucini
to be served in his house, to the alarm and div
tress of his wife, to revive a judgment against j
him, whilst he was here opposing the bank.

[Mr. Ewing, of Ohio, here rose, and wished to
know of Mr. B. whether it was the Bank of the
United States that had issued this scire fam
against Mr. Wilkins.]

Mr. B. was very certain that it was. He n> j
collected not only the information, but the time I
and the place when and where it was glren:
it was the last days of the last session, and st I
the window beyond that door (pointinj; to the
door in the comer behind him) ; and he added
if there is any question to be raised, it can tie
settled without sending to Russia ; the tcin \
facias, if issued, will be on record in Pittsbuij. I
Mr. B. then said, the cause of this conduct to
Mr. Wilkins can be understood when it is re- 1
collected that he bad denied on this floor tbe I
existence of the great distress which had been
depicted at Pittsburg ; and the necessity tbit I
the bank was under to push him at that tine I
can be appreciated by seeing that two and Sfljl
members of Congress, as reported by the Fi- 1
nance Committee, had received "accommodt-l
tions" from the bank and its branches in tiKJ
same year that a senator, and a citizen of Pem-I
sylvania, opposed to the bank, was thus pi»|
cceded against.* ,,.. •

* At pages 87 and 8S of tliA report, the Finance ComnltMl
fully acquits the bank of all Injurions dlMrimlDitloiiibetMl
borrowen Md appllcauts, of dUTetMit politlca.

ANNO 1835. ANDREW JACKSON, rUllsiDKNT.

lommittce to examine tU
ittee conBtitutcil «i|)on j«r.
i — a majority in favor of in-
Ihe Post OfBcc. The cm.
littcc, Mr. B. said, wm tin
ono of the main piards ii
•ter to be placed over tU
8 during the period of tli«
perations ; he alludtil to thi
•8 ; the history of whose re-
ong delays in the Senate to
ktion, is known to the whcic

« of wanton pressure whirh
tion, was the case of an it-
nember of the Senate fron
minister to St. Petersbun:
'hat gentleman had M>tm\
wards the close of the last
ank had caused a scire fum
i house, to the alarm and di-
to revive a judgment againn
« here opposing the bauli.
Ohio, here rose, and wished to
■hether it was the Bank of the
It had issued this scire Jam

ins.]

y certain that it was. He re-
y the information, but the time
hen and where it was givra;
ays of the last session, and >t
md that door (pointinj; to tk
;t behind him) ; and he addrf,
uestion to be raised, it can Dt
sending to Russia; the «cire
will be on record in Pittabui;.
I the cause of this conduct to I
i' be understood when it is n-
e bad denied on this floor th(
great distress which had beet
_iburg; and the necessity thit
mder to push him at that tim
ted by seeing that two and fifty
ongre88,as reported by the Fi-
tee, had received "accommodi-
,bank and its branches in tbj
ft senator, and a citizen of Pel*
led to the bank, was thus pr»

has of th. report, the Finance Conrf.
„kof»nin3artons discrimlMlloMbrtf-
leant*, of dlff«feiitpoim«. I

54'j

Mr, B. rettimcd to the resolution which it
*« proposed to expunge. He faid it ougiit to
„,. It was the root of the evil, the father of
the iniMhief, the source of the injury, the box
,,f PiLidora, which liad filled the land with ca-
Itmity and consternation fur nxx long months.
It vu that resolution, fur more than the con-
,|,;(.t of the bank, which raised the panic, simk
,!,„ price of property, crushed many merchants,
impressed the country with the tciTor of nn
impending revolution, and frightened so many
pfKid people out of the rational exorcige of their
elective franchise at the spring elections. All
these evils have now passed away. The panic
has subsided ; the price of produce and property
has recovered from its depression, and risen be-
yond its former bounds. The country is tran-
quil, prosperous, and happy. The States which
had been frightened from their propriety at
tlic spring elections, have regained their self-
command. Now, with the total vanishing of its
tlRcts, let the cause vanish also. Let this re-
solution for the condemnation of President Jack-
son be expunged from the journals of the Sen-
I ate! Let it be effaced, erased, blotted out, ob-
literated from the face of that page on which it
shmdd never have been written ! Would to God
I it coi'Jd be expunged from the page of all his-
ttiirr, and from the memory of all mankind.
I Would that, so far as it is concerned, the minds
jof the whole existing generation should be
[dipped in the fabulous and oblivious waters of
[the river Lethe. But these wishes are vain.
■The resolution must survive and live. History
(will record it ; memory will retain it ; tradition
irill hand it down. In the very act of expurga-
Uon it lives ; for what is taken from ono page
i placed on another. All atonement for the un-
brtunate calamitous act of the Scnat ; is imper-
and inadequate. Expunge, if we can, still
he only effect will be to express our solemn
onvlctious, by that obliteration, that such a re-
olution ought never to have soiled the pages of
ur journal. This is all that wo can do; and
bis much wc are bound to do, by every obliga-
^OQ of justice to the President, whose name has
«n attainted ; by every consideration of duty
)i.\a country, whose voice demands this repara-
on; bj mr regard to the constitution, which
I been rampled under foot ; by respect to the
louse ol Repiesentatives, whoso function has
Wn usurped ; by self-respect, which requires

the Senate to vindirato its judtiw, to rnrrcot it*
erri)rs, and re-t'stahiish its high nnnu-for e<itiity,
dignity, and moderation. To err is human; nut
to err is divine ; to cornrt error is tin- work "f
Nii|icreniinent and also siijitrhiiman moml cx-
Cfllence, and this exalteil work now remains f'-r
the Senate to jHTforni.

CHAPTER CXXIV,

KXITSGINQ KESOLUTION: URIKCTEP, .\M)
KEXEWKI).

The siKKJch which had been delivered by Mr
Benton, wa.s intended for effect ujwn ti.e
country — to influence the forthcoming elections
— and not with any view to act upon the Seiiati^,
still consisting of the same members who had
passed the condemnatory resolution, and not
expected to condemn their own act. The ex-
punging resolution was laid upon the table,
without any intention to move it again during
the present session ; but, on the last day of lliu
session, when the Senate was crowded witli
business, and when there was hardly time to
finish up the indispensable legislation, the inotiuit
was called up, and by one of its opponents —
Mr. Clayton, of Delaware — the author of the
motion being under the necessity to vote for the
taking up, though expecting no good from it.
The moment it was taken up, Mr. White, of
Tennessee, moved to strike out the word '• ex-
punge," and insert " rescind, reverse, and make
null and void." This motion astonished Mr.
Benton. Jlr. White, besides opposing all tho
proceedings against President Jackson, had Ix'en
his personal and political friend from early
j'outh— for the more than forty years which
each of them hod resided in Tcnnesste. He
expected his aid, and felt the danger of such a
defection. Mr. Benton defended his word as
being strictly parliamentary, and the only one
which was proper to be used when an unautho-
rized act is to be condemned — all other phrases
admitting the legality of the act which is to bo
invalidated. Mr. White justified his motion on
the groimd that an expurgation of the journal
would be its obliteration, which he deemed in-
consistent with the constitutional injunction to
"keep" a journal — the word "keep" being

ANNO 1835. ANDKKW JACKSON, nUCSIUKNT.

54^

jlr. B. returned to the rcBolulion which it
»« proposed to cxpunj^'. lie Kaid it ouf;ht to
^,, It was the root of tlie evil, the fiither of
ihf miftchitf, the source of the injury, the box
,,f Pandora, which had filletl the land with cn-
|»mity and consternation for six long months.
It \raa that resolution, far more than the con-
,l^ct of the bank, which rai.sed the panic, sunk
th" price of property, crushed many merchants,
impressed the country with the teiTor of nn
impending revolution, and frightened so many
pirtd people out of the rational exercise of their
(Itctive franchise at the spring elections. All
ihesc evils have now passed away. The panic
his subsided ; the price of produce and property
his recovered from its depression, and risen be-
voml its former bounds. The country is tran-
quil, prospcrou.s, and happy. The States which
had been frightened from their propriety at
tlic spring elections, have regained their self-
command. Now, with the total vanishing of its
I ciTicts, let the cause vanish also. Let this re-
1 >oiution for the condemnation of President Jack-
son be expunged from the journals of the Sen-
ate! Let it be effaced, erased, blotted out, ob-
literated from the face of that page on which it
should never have been written ! Would to God
it coidd be expunged from the page of all his-
jtory, and from the memory of all mankind.
■Would that, so far as it is concerned, the minds
jof the whole existing generation should be
[dipped in the fabulous and oblivious waters of
Ithe river Lethe. But these wishes are vain.
■The resolution must survive and live. History
|Till teoord it ; memory will retain it ; tradition
irill hand it down. In the very act of expurga-
|tion it lives ; for what is taken from one page
i placed on another. All atonement for the un-
Ibrtunate calamitous act of the Senat i is imper-
and inadequate. Expunge, if wo can, still
he only effect will be to express our solemn
nnvictious, by that obliteration, that such a re-
nlution ought never to have soiled the pages of
or journal. This is all that wo can do ; and
his much we are bound to do, by every obliga-
^oa of justice to the President, whose name has
KB attainted ; by every consideration of duty
» the country, whose voice demands this repara-
on; bj mr regard to the constitution, which
i been rampled under foot ; by respect to the
louse ol Repiesentatives, whoso function has
pen usurped ; by self-respect, which requires

the Senate to vindirat<' its junticr, to rorrcot it>j
errors, and rv-t'stahlish its high nnnu-for t'unity,
dignity, and moderation. To i-rr is Iniiiian ; not
to err i.s divino; to cornrt error is the wf)rk "f
sujieremincnt and also sii[ierhuman nionil ex-
cellence, and this exulted work now remains fur
the Senate to perform.

CHAPTER CXXIV.

r.XITNOINO r.ESOUTTIilN : UWKCTEP, AND
KENEWKI).

The speech which had been delivered by Mr
Benton, was intended for effect ui)on tl.e
country — to influence the forthcoming election-,
— and not with any view to act upon the Senato,
still consisting of the same members who had
passed the condemnatory resolution, and nut
expected to condemn their own act. The ex-
punging resolution was laid upon the table,
without any intention to move it again during
the present session ; but, on the last day of the
session, when the Senate was crowded with
business, and when there was hardly time to
finish up the indispensable legislation, the motion
was called up, and by one of its opponents —
Mr. Clayton, of Delaware — the author of tlio
motion being under the necessity to vote for the
taking up, though expecting no good from it.
The moment it was taken up, Mr. White, of
Tennessee, moved to strike out the word '• ex-
punge," and insert " rescind, reverse, and make
null and void." This motion astonished Mr.
Benton. Mr. White, besides opposing all the
proceedings against President Jackson, had been
his personal and political friend from early
j'outh — for the more than forty years which
each of them had resided in Tennessee. He
expected his aid, and felt the danger of such a
defection. Mr. Benton defended his word as
being strictly parliamentary, and the only one
which was proper to be used when an unautho-
rized Oct is to be condemned — all other phrases
admitting the legality of the act which is to bo
invalidated. Mr. White justified his motion on
the groimd that an expurgation of the journal
would be its obliteration, which he deemed in-
consistent with the constitutional injunction to
"keep" a journal— the word "keep" being

550

THIRTY YEAUS' VIKW.

taken in iltt primary iicnse of '' liulding," " pru-
fiervimr," instead of " writing," a journal : but
the niuver of the resolution Hoon baw that Mr.
White was not the only one of hia friends wlio
liud yielded at that point — that others had given
way — and, caniu about him importuning him to
give up tiio obnoxious word. Seeing himself
ulmoAt deserted, he yielded a mortifying and re-
luctant aiisent; and voted with others of his
friends to cmuticulutc his own motion — to re-
duce it from its high tone of reprobation, to the
legal formula which applied to the reversal of a
mere error in a legal proceeding. The moment
the vote was taken, Mr. Webster rose and ex-
ulted in the victory over the hated phrase. He
proclaimed the accomplishment of every thing
tliat he desired in relation to the expunging re-
solution: the word was itself expunged ; aulhe
went on to triumph in the victory which had
been achieved, saying :

" That which made this resolution, which we
have now amended, particularly oileusivc, was
this : it proposed to expunge our journal. It
called on us to violate, to obliterate, to erase,
our own records. It was calculated to fix a
particular stigma, a peculiar mark of reproach
or disgrace, on the resolution of March lost. It
was designwl to distinguish it, and reprobate it,
iu some especial manner. Now, sir, all this most
happily, is completely defeated by the almost
unanimous vote of the Senate which has just
now been taken. The Senate has declared, in
the most emphatic manner, that its journal
shall not be tampered with. I rijoice most
heartily, sir, in this descisivc result. It is now
settled, by authority not likely to be shaken,
that our records are sacred. Men may change,
opinions may change, power may change, but,
thanks to the firmness of the Senate, the re-
cords of this body do not change. No instruc-
tions from without, no dictates from principali-
ties or powers, nothing — nothing can be allo'ved
to induce the Senate to falsify its own records,
to disgrace its own proceedings, or violate the
rights of its members. For one, sir, I feci that
we have fully and completely accomplished all
that could be desired in relation to this matter.
The attempt to induce the Senate to expunge
its journal has failed, signally and eflectUally
failed. The record remains, neither bluri'ed,
blotted, nor disgraced."

And then, to secure the victory which he had
gained, Mr. Webster immediately moved to lay
the amended resolution on the table, with the
peremptory declaration that he would not with-
draw his motion for friend or foe. The resolve
was laid upon the table by a vote of 27 to 20.

The exulting speech of Mr. Webster resiureil i,i,
to my courage — made a man of mo again ; ai„i
the imomnnt the vote was over, I rose and twl
mittcd the original resolution over again with
the detested word iu it — to stand for tlte scconl
week of the next session — with the iienniptorv
declaration that 1 would never yield it again tj
the solicitations of friend or foe.

C 11 APT Ell CXXV.

BKANOII MISTS AT NEW OULEANS, AND IN TIIS
GULU KKUIONS OF OEOliOlA AND NOUTU ui;
OUNA.

The bill had been reported upon the proposi.
tiou of Mr. Waggaman, senator from Louisian*.
and was earnestly and perseveringly oppose,]
by Mr. Clay. He moved its indefinite post-
ponement, and contended that the mint at Wi-
adelphia was fully competent to do all the coin- 1
age which the country require >1. IIo denied I
the correctness of the argument, that the mint
at New Orleans was necessary to prevent tke I
transportation of the bullion to Philadelphii.
It would find its way to the great commcrdil I
marts of the country whether coined or not I
He considered it unwise and injudicious to i»[
tablish these branches. He supposed it wouU |
gratify the pride of the States of North CarJi.
na and Georgia to have them there ; but a hen I
the objections to the measure were so strong I
he could not consent to yield his opposition i«j
it. He moved the indefinite postponement cfl
the bill, and asked the yeas and nays on liiil
motion ; which were ordered.— Mr. Manjml
regretted the opposition of the senator fral
Kentucky (Mr. Clay), and thought it necessarl
to multiply the number of American coins, ujl
bring the mints to the places of producti«l
There was an actual loss of near four perceul
in transporting the gold bullion from the Qt»\
gia and North Carolina mines to Philadelpl
for coinage. With respect to gratifying li»|
pride of the Southern States, it was a mistwl
ception ; for those States had no pri le to^
fy. He saw no evil in the multi icationo
these mints. It was well shown ], the mtt
tor from Missouri, when the bill w.'.i< up bef«l
that, in the commentaries an the constituti«ii|

ANNO 1835. ANDREW JACKSON, PRU'^IDENT,

551

)f Mr. Wcbitcr restored m,
le a man of ino again ; ai„j
3 was over, I rose and ml
esolution over again, with
I it — to stand for thu aconi
wion— with the i)enmptury
ould never yield it again u
fi'ieud or foe.

TEll CXXV.

NEW OULKANS, AND IN TllS ]
\f GKOUUIA ANU NUiaU LU;.

ti reported upon the propui;.
iinan, senator from Louisiini
y and perseveringly opposii
moved ita indetinite jx^t-
itended that the mint at VA\-
f competent to do all the coin-
ountry require >1. Ho denied
; the argument, that the miDt
was necessary to prevents
• the bullion to Philadelpbij.
way to the great comramiil
intry whether coined or noi
unwise and injudicious to *
inches. He supposed it would
of the States of North Car*
,0 have them there ; but whei
o the measure were so stronj,
sent to yield his opposition i«
the indefinite postponement (<
ted the yeas and nays on liii

•were ordered.— ^Mr. Manpm
pposition of the senator fios
Clay), and thought it necesari
number of American coins, d
;9 to the places of productia
ctual loss of near four peroa
the gold bullion from theCe*

Carolina mines to Philadelpiiii
With respect to gratifying tki
outhem States, it wa.s a rais<»!
,ose States had no priie to gn-^
no evil in the multi ication
[twas well shown I the s»
ouri, when the bill wf..^ up be5«
mmentariesantheconistituuwi

vu umlorstood that branches might be multi-
iiid.— Mr. Fri'linghuysen thought that the ob-
iict of having a mint was mistaken. The mint
Jrij established for the accommodation of the
coTernincnt, and ho thought the present one
uflicient. ^Vhy put an additional bunlcn
upon thf poTcrumcnt because the people in the
Siiitli have been so forttmato as to find gold ?
^Mr. Bc'lfiird Brown of North Carolina, said
the senator from New Jersey, asked why we
Lplv to Congress to relieve us from the bur-
n of transporting our bullion to bo coined,
hen the manufacturers of the North did not
.1. (g \jc paid for transporting their material.
lit! said it was true the manufacturers liad not
L-lied for this transportation assistance, but
ihev asked for what was much more valuable,
id pot it— protection. The people of the
jouth ask no protection ; they rely on their
r,vn exertions ; they ask but a simple act of
[justice— for their rights, under the power
itcd by the States to Congress to regulate
le valne of coin, and to make the coin itself.
las the exclusive privilege of Congress, and
wished to see it exercised in the spirit in which
vras granted ; and which was to make the coin-
generel for the benefit of all the sections of
i; Union, and not local to one section. The re-
irlt of the gentlemen is founded in mistake.
hat are the facts ? Can the gold bullion of
lorth Carolina be circulated as currency ?
e all know it cannot ; it is only used as bul-
la, and carried to Philadelphia at a great loss.
ither reason for the passage of the bill, and
which Mr. Brown hoped would not be less
irded by senators on the other side of the
nise, was that the measure would bo auxiliary
the restoration of the metallic currency, and
Ing the government back to that currency
lich was the only one contemplated by the
istitution.

llr. Benton took the high ground of consti-

Honal right to the establishment of these

uches, and as many more as the interests of

States required. He referred to the Fede-

it, No. 44, written by Mr. Madison, that in

indering the coining power to the federal

imment, the States did not surrender their

it to have local mints. He read the passage

the number which he mentioned, and which

the exposition of the clause in the constitu-

relative to the coining power. It was ex-

prcs,s, and clear in the assertion, that the Stntis
were not to be put ti) the expense and tnniMo
of sending their bullion and foreign coins to a
central mint to be recoiiied; but that, as many
lf>cal mints would be cstabli.shed undiT the au-
thority of the general governinciit as nhould lio
necessary. Upon thi,s exposition of the meaning
of the constitution, Mr. B. f«,\i\, the States ac-
cepted the constitution ; and it would be a fraud
on them now to deny branches w hero they were
needed. He referred to the goM mines in North
Carolina, and the delay with which that Stntf
accepted the constitution, and inquired whether
she would have accepted it at all, without an
amendment to secure her rights, if she could
have foreseen the great di.scovcrics of gold within
her limits, and the present opjiosition to grant-
ing her a local mint. That State, through her
legislature, had applied for a branch of the mint
years ago, and all that was .said in her favor was
equally applicable to Georgia. Mr. B. said, the
reasons in the Federalist for branch mints were
infinitely stronger now than when Mr. Mndi.son
wrote in 1788. Then, the Southern gold region
was unknown, and the acquisition of Louisiana
not dreamed of. New Orleans, and the South,
now require branch mints, and claim the execu-
tion of the constitution as expounded by Mr.
Madison.

Mr. B. claimed the right to the establishment
of these branches as an act of justice to the
people of the South and the West. Philadelphia
could coin, but not diffuse the coin among them.
Money was attracted to Philadelphia from the
South and West, btit not returned back again
to those regions. Local mints alone cr > ' sup-
ply them. France had ten branch mints ; i-i xico
had eight ; the United States not one. The es-
tablishment of branches was indispensable to
the diffusion of a hard-money cun-ency, espe-
cially gold ; and every friend to that cuirency
should promote the establishment of branches.

Mr. B. said, there were six hundred machines
at work coining paper money — he alluded to the
six hundred banks in the United States ; and
only one machine at work coining gold and silver
He believed there ought to be five or six branch
mints in the United States ; that is, two or three
more than provided for in this bill ; one at
Charleston, South Carolina, one at Norfolk or
Richmond, Virginia, and one at New- York op
Boston. The United States Bank had twenty*.

'■■\

552

THIRTY YEARS' VIEW.

four branchcri ; (;ivc tlio I'nitMl Staton Mint five
or Kix branrhcH ; aiid tlio name of that bank
woiili! ccn.sc to I)c Mi'^'i'd upon un. NoWIy
would want her pajwr when tbi-y covild gal gold.

Mr. H. Kcoiitcd tho idea of vx|ii>niieon Biah an
ol>j(!ct nn tbin. The cxpcnxcwasbut inconsidur-
ablc in itself, and wan notbinj; compared to its
object. For the object was to supply the country
with a safe currency, — with a constitutional
currency ; and currency was a thing which con-
cerned every citizen. It was a point at whi "h
the action of government reached every human
being, and bore directly upon his property, upon
liis labor, and ujion bis daily bread. The States
had a good currency when this federal govern-
ment was formed ; it was gold and silver for
common use, and largo bank notes for largo
operations. Now tho whole land is infested
with a vilo currency of small paper : and every
citizen was more or less cheated. lie himself
had but two bank notes in the world, and they
were both counterfeits, on the United States
Bank, with St. Andrew's cross drawn through
their faces. IIo used nothing but gold and
Eilvcr since tho gold bill passed.

In reply to Mr. Frelinghuysen, who asked
where was tho gold currency ? lie would an-
swer, far the greatest part of it was in the vaults
of the Bank of the United States, and its
branches, to be sold or shipped to Europe ; or at
all events, to be kept out of circulation, to enable
the friends of the bank to ask, where is the gold
currency ? and then call the gold bill a humbug.-
But he would tell the gentleman where a part
of tho gold was ; it was in the Sletropolis Bank
in this city, and subject to his check to the full
amount of his pay and mileage. Yes, said Mr.
B., now, for the first time, Congress is paid in
gold, and it is every member's own fault if he
docs not draw it and use it.

Mr. B. said this question concerned the South
and West, and he would hope to see the repre-
sentatives from these two sections united m sup-
port of the bilL He saw with pleasure, that
Kcveral gentlemen from the north of the Poto-
mac, and from N'ew England were disposed to
support it. Their help was most acceptable on
a subject so near and so dear to the South and
West. Every inhabitant of the South and West
was personally interested in the success of the
bill. From New Orleans, the new coin would as-
cend the Mississippi River, scatter itself all along

its bankH, fill all its towns, citicn, and tIIIm^
brnnch off into tho interior of the countrv. »,,»,j|
all the tributary stream'^, and ri'|ikni,h
rt'frenh tho whole fiire of the Inrnl. yj^l
the Southern mints, tho new gold wmii,) „ I
into tho West, and especially into Ktntiy'i,. f
Ohio, and Tennessee, by tho stuk <lrii»-|
being to them a safe and easy rcmittnnoo and
the country a noble accession to their curmifr i
enabling them quickly to diapcnse witji ||,^ |
■mall notof).

It was asked, Mr. B. said, what loss In,, {i I
Western People now sustained for wantofpiif
lie would answer that the whole West hx< fjJ
of counterfeit paper; that counterfeit par^l
formed a large part of the actual circiilatj,^^!
especially of tho United States branch draiij
that sooner or later all these countcrfoitj n,,A
stop in somebody's hands ; and they vn
sure to stop in the hands of those who were InJ
able to bear the loss. Every trader down i
Mississippi, Mr. B. said, was more or Icsfiimp,
ed upon with counterfeit paper ; some lost wJ
ly their whole cargoes. Now if there was a bn
mint in New Orleans every one would iret i
gold. He could get it direct from the mint'
have his gold examined there before he rtccin
it. Mr. B. said that one great object of Mi
lishing branch mints was to prevent am! iJtirt
counterfeiting. Such establishments would li^|
tect every counterfeit piece, and enable em
body to have recoui-se to a prompt and safe <ti
ard for ascertaining what was genuine and whi
not. This was a great reason for the ten bn
es in France.

Mr. B. was against tho paper system. Ilctr
against all small notes. He was against all p
per currency for common use ; and being a
it he was in favor of the measures that i
put down small paper and put up gold and siln
The branching of tho mint was one of the in
pensablo measures for accomplishing that obja
and therefore he was for it. He was in (m
of practical measures. Speeches alone rot
not do. A gentleman might make a fine ?[
in favor of hard money ; but unless he pjiTe toIi
in favor of measures to accomplish it, the;
would be inoperative. Mr. B. held the Fn
currency to be the best in the world, whcreti
was no bank note under 500 francs (m
$100), and where, in consequence, there nj
gold and silver circulation of upwards off

ANNO 18.15. ANDIIKW JACKSON, rUI-HlIHAT.

5:»:j

tn<lrr<l '"'"'""" *•'" "loHwrx; a ctirrcnry which
. Iljtily hIO'kI two nvoltitiiiim Bnil iino coii-
. „<t, witlxxit thu k-nitt fluctuation in ilH <iimii-
i.ivorvuliie.

\Vw Orlennn, he «ui<l, (Kjcupied the most foll-
f tout point in Aini'rica for a mint. It wa« nt
. point of n-ct'ption and dilfiiHion. The upt-oic
ff Mexico came there; and when there, it as-
rfwlcil the river into the whole WeHt. It was
t!,c marlict city— the emporium of the Great
Viilov ; and fri>m tliat point every exporter of
prij<iua' fonid receive his supply and bring it
l,„mi'. Mr. I*, reiterated that this was a question
,f furrfncy ; of hard money apainHt paper ; of
olil »!piin«t United States Bank note.". It was
jmipirle with the paper system. IIo said the
lid bill was one step ; the branching the mint
oiildbe the second step; the suppression of all
itcs under twenty dollars would be the third
[op towards getting a gold and silver currency.
he States could do much towards putting down
all notes ; the federal government could put
icra down, by putting the banks which issued
lem under the ban; or, what was better,' and
St of all, returning to the act of 1789, which
ictcd that the revenues of the federal govem-
nt sliould be received in gold and silver coin

[The question was then put on Mr. Clay's
Jotion for indefinite postponement — and failed
lie yeas to 27 nays. Further strenuou? oxer-
wag made to defeat the bill. Mr. Clay
Led to postpone it to the ensuing week —
lich, being near the end of the session, would
[a delay which might be fatal to it ; but it
near pa8sing--20 yeas to 22 nays. A
jtion was made by Mr. Clay to recommit the
Ito the Committee of Finance — a motion equi-
]ent to its abandonment for the session, which
Mr. Calhoun gave the bill an earnest
ort. lie said it was a question of magnitude,
I of vital importance to the South, and de-
|tcd the roost serious consideration. Yet, he
sorry to say, he had seen more persever-
I opposition made to it than to any other
fBure for the last two years. It was a
ional question, but one intended to extend
L benefits to all the States~-Mr. Clay said,
|ere had been resistance on one side, there had
I been a most unparalleled, and he must say,
ndcd perseverance on the other. He would

n;pcnt that in whatever liplit he lut<l n «rivid tlm
pri>iH)M'«l nicnKun', hi- Imd Ui-n uimlili' toconio
to any ottiir concluHinn tlian Ihi*, ilmt it w«m. in
his hunililo JudKnient, dehmive, unratlrd for,
rnlcniutcd to dtccivu the |M'ii|iti — t" h>>ld out
ideas whirh would never be r» iilizcd ;— and a-t
utti-rly unworthy of the considirution of tlin
Senate. — Mr. Calhoun wom a»t'>iiiH|ici| nt tlio
warmth of Mr. Clay on this <im'Mtioti— a qiu-H-
as much sectional in one |Miint «f view, as a
measure could lie, but natioiml in iitiothir.
I^et senators say wh-it they w(»iild, llii-i (fovern-
ment was liound, in his opinion, toeNtiililiMh the
mints which had lieen awked for. Finally, the
question was taken, and carried— 24 to I'.t— the
yeas ;>eing: Messrs. Ilenton, Itilih, Mrown, Cal-
houn, Cuthbert, IlendrickM, Kane, Kin;? of Ala-
bama, King of Georgia, Lei^rh, I.inn, Mmigutn,
Morris, Porter, Preston, KobiiiHon, llug;;k's,
Shepley, Tallinadge, Tyler, Watrgiitnati, Webster,
White, Wright. The nays were ; Messrs. Hell
of New Hampshire, Black of Mississippi, Bu-
chanan, Clay, Clayton, Ewing, Frelintrluiyscn,
Goldsborough, Isaac Hill, Kni);ht, McKean,
Naudain, Bobbins, 8iN1>cc, Smith, Southard.
Swift, Tipton, Tomlinson. The bill was iinnie-
diatcly carried to the House of UepresentutiveH ;
and there being a large majority there in favor
of the hard money policy of the administration,
it was taken up and acted upon, although so
near the end of the session ; and easily passed.

CIIAPTEll CXXVI.

nEOULATlON DEPOSIT lULL.

The President had recommended to Congress
the passage of an act to regulate the custody of
the public moneys in the local banks, intrusted
with their keeping. It was a renewal of the
same recommendation made at the time of their
removal, and in conformity to which the House
of Representatives had passed the bill which
had been defeated in the Senate. The same bill
was sent up to the Senate again, and passed by
a large majority : twenty-eight to twelve. The
yeas were: Messrs. Benton, Black of Missis-
sippi, Calhoun, Clayton of Delaware, Cuthlwrt of
Georgia, Ewing of Ohio, Frelinghuyscn, Golds*

r^rA

TIIIR'n' YJURS* VIEW.

l)or()U^'li, Ki'iil, Kin'trht, lA\fi)\, I. inn, 5f('Kcnn,
Mnii^riiiii, .Mnnn-, Alixiiiitlir I'ortir, l*rinti)ti,
I'lTHtcin, Hiili)iiti.4, Itoliinson, Smith, SoiithunI,
.Swift, TotiiliiiNMii, Tylir, Wi»p(;immn, WtlisttT,
AVii(:lit, 'I'lu' iinyH wtTc: Mt'.s.irH. \\i\>h, lirown,
KiK^liaiian, llcixltickM, llill, Knm>, Kin;; of Ala-
)i;inm, Morrin of Oliio, PoindixtiT, Ilii(i;{lc's,
J?hii)l('y, TullnmdKi'. And thus, the coiniiluinl
iVRMi'd whicti hnd so lon^ prvvailed npiinxt the
rrt'Hidtnt, on tlu* allcj^i'd ilhpiility of the Statu
hank cn.stody of tlio puhiic inont-yH. These
hankn were taken oh a neci-HHity, and an a half-
way h«u>e hftwwn tlio IJank of tho United
Stafi'8 and an Independent treasury. After a
brief Hojoiirn in tho intermediate uhode, they
j)a8«ed on to the Inde|K'ndent troa.sury — tliere,
it is hoped, to remain for ever.

CHAPTER C XX VII.

DKKKAT OK TlIK nKl'ENCK Ari'KOI'UIATtON,
AM) I-OSS OF TIIK FOUTIFICATION IIILU

The President in his annual message at tho
eommenccment had communicated to Congress
the state of our relations with Franco, and
especially the continued foilure to pay tho in-
demnities stipulated by the treaty of 1831 ; and
had recommended to Congress measures of re-
prisal against the commerce of France. The re-
commendation, in tho House of Representatives,
was referred to the committee of foreign relations,
which through their chairman, Mr. Cambreling,
made a report adverse to immediate resort to re-
prisals, r.ii.l recommending contingent prepara-
tion to meet any emergency which should grow
out of a continued refusal on tho part of France
to comply with her treaty, and make the stipu-
lated payment. In conformity with this lost
recommendation, and at the suggestion of Mr.
John Quincy Adams, it was resolved unanimous-
ly upon yeas and nays, or rather upon yeas,
their being no nays, and 212 members voting —
" That in tho opinion of this House, the treaty
of tho 4th of July 1831 with France bo main-
tained, and its execution insisted upon : " and,
with the like unanimity it was resolved — "That
preparations ought to be made to meet any
emergency growing out of our relations with
France." These two resolutions showed the

tenijier of the Hou»«>, and th>t it iiii<.i„l„| •
vindicate the rightu of our eiti/.enK, if mo..,..
at the ex|K'nno of war. Ai-i'or<liin;ly m\ aiu
priati<jn of three millions of dollurs wum iu^r
by the Houxe in the gi'uerul fortillcjitiDii |, i^.
enalile the l'n'»tident to make muIi iinliurviv
naval preparation* <luring tho reco* of c, I
gress aa the stulo of our reli>" iw with Frt, I
might re<iuire. Thin appropr .ation wuh ztaii,.|. , I
voted by tho House : in tho !■ ite it rmt »
no favor; and wos njected. The IIou>,.j,;, ,,
on its appropriation; the Senate ''udli, :,,{
its vote : and that brought tho disaKrivinan .
a committee of conference, proixmcd l,v |i
House. In tho mean time Congress wiuini
expiring moments of its session ; andevcntii
tho whole appropriation for contiii;.tiit jin pj;^!
tion, and tho whole fortiflcation bill. wnslnsibJ
the termination of tho Congress. It wanamfnJ
serious loss; and it became a (itiestidn ^1,^,;!
House was responsible for such u iiilsfurtuiit,
regrettable at all times, but particiilarlr!
the face of our relations with Frame,
starting point in the road which kd to this J
was tho motion made by Mr. AVehstir tn -^
here" — a harsh motion, and more calculaWu
estrange than to unite tho two IIoiisos. )\,\
King, of Alabama, immediately took up them J
tion in that sense ; and said :

" Ho very much regretted that the senator I'roi
Massachusetts should have made siicli a imtiogl
it had seldom or never been resorted to until ik
and more gentle means had failed to priKJuct]
unity of action between tho two Hoiisos, J
this stago of tho proceeding it would k' coniij
ered (and justly) harsh in its character; anlii
had no doubt, if sanctioned by the Senate. m2
greatly exasperate the other House, and ftum
endanger the passage of the bill altojrctluT,
gentlemen, said Mr. Mr. K., prepnrul fort
Will they, at this particulur juncture, in tH
present condition of things, t^ko upon tlx
selves such a fearful responsibility as the rtjs
tion of this bill might involve ? For hiinscKJ
your forts are to be left unarmed, your thi{
unrepaired and out of commission, and vi
whole sea-coast exposed without defends ofa
kind, tho responsibility should not rest upoul]
shoulders. It is as well, said Mr. K., to !
plainly on this subject. Our position viihd
gard to France was known to allwholieardkii
to be of such a character as would not,iiil|
opinion, justify prudent men, men who looli|
the preserration of tho rights and the honor j
the nation, in withholding the means, the a
ample means, to maintain those rights andgi
serve unimpaired that honor.

ANNO l»M. ANWKKW JArKS4)N. niI>ll»r.ST.

■Mr

K. niiiil.whilu III' wMfrtH'tnronrt'N* that

■,ri|'»t''l »|>|Mn|)riHtii>n wan ni>t iii lU U-nu*
. ,,.ilicr «■< i«|>«'<'ill<' »■'* ho rutild Iiatk wimIioI
iJ^ct.iiM ii"l viow it ill thi' Wfcht whirh linil,
«,.iniil t'l li*v«', •»<• iiiurli nlarnicil l\\v m'imtor

M;i-«n<'liUHi'itM, kiiil iit)i«>rii who liad i<|Miki'ii
,i„. Kiilijci-t. Wv ant ti>l<|, Haiti Mr. K., that
. |il<i|>i>"i> "'' '''" niiii-inhnoiit inailt! I)y the
„.,. will iiriiKtnitc thf fortri'BK of tlic mtiHti-
,i„ii „,„! liiry ninl«T itM riiinn the liUTticH of

,-, iilc. III! liKtl too lon^ U'ci) ari-tiHtoiiivil

. ,v,iir^i'(if <li'l>atu hi'iv, |Mtrticiilarly in tiiiiis
!, party ixciU-nu-nt, to pay iimcliulteutinu

„li| iii^MTfion or violi-nt (ft'iiuiicitttion. In
[',1 ||i> n'*k<'<l,<l<M>Ait violate tlHiconotitiitinn f
^„,t|{ivc to the I'rcMiilfnt the powor <>f tle-

\sm ""f ^ ^"" '"^'' ^'*-'" t"''')"'"' ^•''•1 iru-
l,v my t'rifiKl from PviinHylvaiiia (Mr. Hii-
ji'inl, tluit this |)OWcr aloiio la-lon((M to ( on-
iior (ioi'i* this bill in tlio Hlifthtt Rt (li-^roo
it. Doom it authorize thu raiHiii); of
Nil. not one nmii can bu enlisted he-

Illlv" I

ml till' nuiiiliur rei|iiiro<l to iUI up thu ranks
IvMiir little army ; and whether you pnss this
tiiiliiiii' or not, that power is already pos-
umiercxistinp; laws. I« it, said Mr. K.,
[til uiiliii'''i'<li'"ti"' «*"'' unHUttl? A littlo ttt-
ttum ti) the history of our Kovernnient must
lislV all wlio heard him, that it is neither the
( nor tlic other.

'■Duriiij! the whole period of the administni-
ns uf (iiiK'ial Washington and the elder
lams, all appropriations were Rencrnl, npiily-
I s );rus!) Hiiin for the expenditure of the (litler-
dipartments of the government, under the
Kiioii of the President ; and it was not till
I Jetfcrson came into ollico, that, at his rc-
junendatiiin, siwcitic appropriations were
pttd. Was the constitution violated, broken
Irn. and di'stroved, under the administration
[the fattier of his country ? Or did the for-
j to which the senator from MaKsachusctts,
[this occasion, clings so fondly, tumble into
■ when millions were placed in the hands of
VJtfferson himself, to be disposed of for a
mad (ibjfct, but, in every thing else, subject
ti unlimited discretion? No, said Mr. K.,
I lilicrties remained unimpaired ; and, he trust-
1 God, would so remain for centuries yet to
!. He would not urge his confldence m the
nguished individual at the head of the gov-
liint as a reason why this amendment should
he was in favor of limiting executive
ttlon as far as practicable ; but circumstan-
nay present themselves, causes may exist,
^h would place it out of the power of Con-
promptly to meet the emergency. To
, then, should they look ? Surely to the
I of the government — to the man selected by
leuple tu guard their rights and protect their
ests. He put it to senators to say whether,
ossiblc contingency, which all would under-
P, our forts should not be armed, or ships
I coimnission ? None will venture to gain-
Vi't thu extent to which auch annameut

ohoiild U- mrrit'd iniixl. I'linii llu* vi-ry mri'i'ity
iif the rniio, lie lilt to the oi'iiiid <ii'-<'li'li''ll <>l' Ihi:
I'n.'i'idi'iil. Kriiiii tlto |Hi«iiiiiii In' <if(ii|'ii"<. no
one ran Iw ho roiii|M-t<'iit lo tonii ii I'mtirt jiidif
iiient, and hi' niuld ii<>t, if he uould. apply tho
money to nihrr olij* rtn thiin Ihc I Iciki •> i>|' tliu
country. Mr. K. siii<l ho woiil, . • i, ut Ihn l^t
iiioiiieiitiirthi'.--('r<iitiii.\vlii'ii tiiiii-\Mv.'< -o (iry prio
lioUH, fiirtlu'r ditain llu- ."^rimir than to fxpn'tH
his ilii'ii a|iprch('tision, his alnriii. liv.| ihi> hiokI
important bill should Ih> Umi by this < oniliii Im"
ttveen the two Houses, lie would l»^ of m im-
tors to retlect on the disii.<troiis cnn-'i'ipii urt's
which might I'lisue. lie would Hpuiii eiilnat
the senator from Mussachusclts to withdraw bin
motion, and ask a conlerciire, and thus Icuve
some reasonable ground lor hope of ultinmto
agreeineiil on this ino.-<t iinportaut subject."

The motion wan jK-rsisteil in, and the "adhir
dice "carried by a vote of twenty-nine to seveii
teen. The yeas and nays were :

Ykas. — .Messrs. IJell, llilib, Calhoun, Clay,
Clayton. Kwiiig, Fnlinghuvsen, Ooltlsbcnumh,
IlendrieliH, Kent, Knight, U'igh, .Maiigum, .Mooiv,
Naudain, l*oinde.\ter. Porter, Prentiss, Preston,
RobbiiiH,Silsl>ee,Sinith, Southard, Swift, Tonilin-
son, Tyler, Waggainan, Webster, White.— ;i'.».

Navs. — Messrs. llenton, Urown, Uuchanan,
Cuthbert, Grundy, Hill, Kane, Kingof Alubiuna,
King of Georgia, Linn. McKian, Uuggles, Kob-
insou, Shepley, Talliuadge, Tipton, Wright. —

Upon being notified of this vote, the House
took the conciliatory step of "insisting ;" and
asked a "conference." The Senate agreed to
tho request — appointed a < omniittcc on its part,
which was met by another on tin; part of the
House, which could not agree about the three
millions; and while engaged in these attempt-:
at concord, the existence of the Congress termi-
nated. It was after midnight; tlio morning of
the fourth of March had commenced; many
members said their power was at an end — others
that it would continue till twelve o'clock, noon ;
for it was that hour, on tho 3d of March, 1789,
that the first Congress commenced its existence,
and that day should only be counted half, and
the half of the next day taken to make out two
complete years for each Congress. To this it
was answered that, in law, there are no fractions
uf a day ; that the whole day counted in a legal
transa( tion : in the birth of a measure or of a man.
The first day that the first Congress sat was the
day of its birth, without looking to the hour ut
which it formed a quorum ; the day a man was
boro was the day uf his birth, and he counted

SSG

THIRTY YEARS' VIEW.

from the beginning; of the day, and the whole
day, and not from the hour and minute at which
he entered the world — a nile which would rob all
the afternoon-bom children of more or less of the
day on which they were bom, and postpone their
majority until the day after their birthday.
While these disquisitions were going on, many
members were going off; and the Senate hear-
ing nothing from the House, dispatched a mes-
sage to it, on the motion of Mr. Webster, " re-
opectfully to remind it" of the dieagroement on
the fortification bill ; on receiving which mes-
eage, Mr. Cambrclcng, chairman of conference,
on the part of the House, stood up and said :

" That the committee of conference of the two
Houses hod mut, and had concurred in an amend-
ment which was very unsatisfactory to him. It
[)roposed an unconditional appropriation of three
lundred thousand dollars for arming the fortifi-
cations, and five hundred thousand dollars for
repairs of and e(|uipping our vessels of war — an
amount totally inadequate, if it should bo re-
quired, and more than was necessary, if it should
not be. When he came into the House from
the conference, they were calling the ayes and
noes on the resolution to pay the compensation
due the gentleman from Kentucky (Mr. Letcher).
He voted on that resolution, but there was no
quorum voting. On a subsequent proposition
lo adjourn, the ayes and noes were called, and
again there was no quorum voting. Under such
circumstances, and at two o'clock in the morn-
ing, he did not feel authorized to present to the
House an appropriation of eight hundred thou-
sand dollars. He regretted the loss, not only
of the appropriation for the defence of the coun-
try, but of the whole fortification bill ; but let
the responsibility fall where it ought — on the
Senate of the United States. The House had
discharged its duty to the country. It had sent
the fortification bill to the Senate, with an addi-
tional appropriation, entirely for the defence of
the country. The Senate had rejected that ap-
propriation, without even deigning to propose
any amendment whatever, either in form or
amount. The House sent it a second time ; and
a second time no amendment was proposec^ but
the reverse ; the Senate adhered, without con-
descending to ask even a conference. Had that
body asked a conference, in the first instance,
some provision would have been made for de-
fence, and the fortification bill would have been
saved before the hour arrived which terminated
the existence of the present House of Represen-
tatives. A3 it was. the committees did not con-
cur till this House had ceased to exist— the ayes
and noes had been twice taken without a quo-
rum — the bill was evidently lost, and the Senate
must take the responsibility of leaving the coun-
try defenceless. Ho could not feel authorized
iu report the bill to the House, situated as it

was, and at this hour in the morning ; bj, j
any other member of the committee nf'coij
ence proposed to do it, ho should make n, «
jcction, though he believed such a propoiiii
utterly ineffectual at this hour : for no nieni!
could, at this hour in the morning, be comr,
to vote."

Many members said the time was out, i
that there had been no quorum for two hot
A count was had, and a quorum not found
members were requested to pass throujrh teli
and did so : only eight-two present. Mr, u
Y. Mason informed the House that the Sei
had adjourned ; then the House did the ;
making the adjournment induefonn,allcrin
of thanks to the speaker, and hearing his [
ing address in return.

CHAPTEll C XX VIII,

DISTRIBUTION OP EEVENVE.

Propositions for distributing the public 1
revenue among the States, had become conq
to be succeeded by others to distribute theli
themselves, and finally the Custom House n
nue, as well as that of the lands. The prosJ
of distribution was natural and inevitable iii
direction, when once begun. Mr. Calhoun J
his friends had opposed these proposed disoj
tions as unconstitutional, as well as den
ing ; but after his junction with Jlr. Cln.)
began to favor them ; but still with the m
an amendment to the constitution. WAt
view, in the latter part of the session ofl
he moved a resolution of inquiry into the ei(
of executive patronage, the increase
expenditure, and the increase of the nunli
persons employed or fed by the federal {
ment ; and he asked for a' select commilti
six to report upon his resolution. Bothn
were granted by the Senate ; and, acconi
parliamentary law, and the principles ofl
legislation (whiiSb always accord a con
favorable to the object proposed), the i
of the committee were appointed upon thei^
tion of the six which he wished. Thc.Tr
Messrs. Webster, Southard, Bibb, King of lij
gia, and Benton — which, with himselti
make six. Mr. Webster declined, and MrJ
dexter was appointed in his place; Mr.M|

ANNO 1834. ANDREW JACKSOX, TRESIDEXT.

557

hour in the morninis ; bat |
er of the committee of coU
do it, ho should make m c,
le believed such a proposiw
il at this hour : for no twnii
ur in the morning, be coinfti

ra sold the time was oui,i
been no quorum for two hoi
i, and a quorum not founi ',
cquested to pass through teli
ly eight-two present. Mr.Jol
med the House that the Se»
; then the House did the sai
jumment in due form, after m
le speaker, and hearing l»isp
return.

PTEll CXXVIII.

RIBUTION OF EEVESVE.

for distributing the puUic
g the States, had become com
(d by others to distribute the
nd finally the Custom llous
3 that of the lands. The pn
1 ■vras natural and inevitable inl
en once begun. Mr. Calhoun i
id opposed these proposc<ldii
onstltutional, as well as deiii
cr his junction with Mr. Cln,
)r them ; but still with the aln'
nt to the constitution. Viih
latter part of the session of
•esolution of inquiry into then

patron^e, the increase of

and the increase of the numt
loyed or fed by the federal
he asked for a .=!elect commit
b upon his resolution. Bothi
d by the Senate; and,accor
ry law, and the principles
[whioh always accord a coi
'the object proposed), the n
littee were appointed upon thei

six which he wished. Then
.bster, Southard, Bibb,Kingo((
enton-which, with himseji

Mr. Webster declined, and Mr.

appointed in his pbwei Mr'

i jjd not act ; and the committee, consisting
f five, stood, politically, three against the ad-
^aistrstion — two for it ; and was thus a frustra-
uf Mr. Calhoun's plan of having an impartial
nmittce, taken equally from the thi-ee politi-
I Mirties. lie had proposed the committee
ion the basis of three political parties in ♦he
i»te. desiring to have two members from each
M ; giving ^ <^ reason for that desire, that
Iwisbcd to go into the examination of the im-
t-tant inquiry proposed, with a committee free
Lni all prejudice, and calculated to give it an
rtial consideration. This division into three
rtics was not to the taste of all the members ;
J hence the refusal of some to serve upon
It was the first time that the existence of
Iw parties was proposed to bo made the basis
iKnatorial action, and did not succeed. The
jaal committee classed democratically, but
|h the majority opposed to the administration,
it the first meeting a sub-committee of three
B formed— Mr. Calhoun of course at its head
} draw up a report for the consideration of
[full committee: and of this sub-committee
Ljority was against the administration. Very
1 the committee was assembled to hear the
Irt read. I was surprised at it — both at the
|kiic6s of the preparation and the character
the paper. It was an elaborate, ingenious
plausible attack upon the administration,
Ising it of having doubled the expenses of
Kovemraent — of having doubled the number
Irsons employed or supported by it— of hold-
Jie public moneys in illegal custody — of ex-
king a patronage tending to corruption —
irholc the result of an over full treasury,
there was no way to deplete but by a
■bution of the surplus revenue among the
; for which purpose an amendment of the
ptution would be necessary j and was pro-
Mr. Benton heard the reading in silence ;
lirhen finished declared his dissent to it:
p should make no minority report — a kind
lorts which he always disliked ; but when
1 the Senate he should rise in his place and
it. Mr. King, of Georgia, sided with
lenton ; and thus the report went in. Mr.
ua read it himself at the secretary's table,
^oved its printing. Mr. Poindcxter moved
1 number of 30,000 copies ; and spoke at
I in support of his motion, and in favor of
lort. Mr. King, of Georgia, followed him

against the rejmrt: and Mr. Ilenton followe<1
Mr. King on the same siile. On the siilject of
the increase of expenditures doubU'd within the
time mentioned, he showed that it came from
extraordinary objects, not belonging to the ex-
penses of the government, but temporary in
their nature and transient in their existence;
namely, the expenses of removing the Indians,
the Indian war upon the Mi.ssi.ssippi, and the
pension act of 1832 ; which carried up the revo-
lutionary pensions from ^355,000 i)or ann»mi to
$3,500,000— just tenfold— and by an act which
the friends of the administration opposed. lie
showed also that the increase in the number of
persons employed, or supported by the govern-
ment, came in a great degree from the same
measure which carried up the number of pen-
sioners from 17,000 to 40,000. On the subject
of the illegal custody of the public moneys, it
was shown, in the first place, that the custody
was not illegal ; and, in the second, that the de-
posit regi.iui'on bill had been defeated in the
Senate by ihe opponents of the administration.
Having vindicated the administration from the
charge of extravagance, and the illegal custody
of the public moneys, Mr. Benton came to the
main part of the report — the surplus in the trea-
sury, its distribution for eight years among the
States (just the period to cover two presidential
elections) ; and the proposed amendment to the
constitution to permit that distribution to bo
made : and here it is right that the report should
be allowed to speak for itself. Having assumed
the annual surplus to be nine millions for eight
years — until the compromise of 1833 worked
out its problem ; — that this surplus was inevita-
ble, and that there was no legitimate object of
federal care on which it could be expended, the
report brought out distribution as the only prac-
tical depletion of the treasury, and the only
remedy for the corruptions which an exuberant
treasury engendered. It proceeded thus :

" But if nosubject of expenditure can be select-
ed on which the surplus can be safely expended,
and if neither the revenue nor expenditure c.in,
under existing circumstances, be reduced, the
next inquiry is, what is to be done with the
surplus, which, as has been shown, will probably
equal, on an average, for the next eight years,
the sum of $9,000,000 beyond the just wants of
the government ? A surplus of which, unless
some safe disposition can be made, all other
means of reducing the patronage of the Execu-
tive must prove iuelfectual.

BS8

THIRTY YEARS' VIEW.

'• Yotir rommittee are deeply ponsible of the
preat difficiiltj" of findinf; any fiatiafactory solu-
tion of this question ; but bclicvinjr that the very
exiHtencc of our institutionH, and with them the
liberty of the country, may deptnd on the suc-
cess of their investigation, they have carefully
explored the whole ground, and the result of
their inquir}' is, that but one means has occurred
to them holding out any reasonable prospect of
success. A few preliminary remarks will be
necossary to explain their views.

" Amidst all the difficulties of our situation,
there is one consolation : that the danger from
Executive patronage, as far as it depends on ex-
cess of revenue, must be temporary. Assuming
that the act of 2d of March, 1833, will bo left
undisturbed, by its provisions the income, after
the year 1842, is to bo reduced to the economi-
cal wants of the government. The government,
then, is in a state of passage from one where the
revenue is excessive, to another in which, at a
fixed and no distant period, it will be reduced
to its proper limits. The difficulty in the in-
termediate time is, that the revenue cannot be
brought down to the expenditure, nor the ex-
penditure, without great danger, raised to the
revenue, for reasons already explained. How is
this difficulty to be overcome ? It might seem
that the simple and nattiral means would be, to
vest the surplus in some safe and profitable stock,
to accumulate for future use ; but the difficulty
in such a course will, on examination, be found
insuperable.

" At the verj' commencement, in selecting the
stock, there would be great, if not insurmounta-
ble, difficulties. No one would think of invest-
ing the surplus in bank stock, against which
there are so many and such decisive reasons that
it is not deemed necessary to state them ; nor
would the objections be less decisive against
vesting in the stock of the States, which would
create the dangerous relation of debtor and credi-
tor between the government and the members
of the Union. But suppose this difficulty sur-
mounted, and that some stock perfectly safe was
selected, there would still remain another that
could not be surmounted. There cannot be
found a stock, with an interest in its favor suffi-
ciently strong to compete with the interests
which, with a large surplus revenue, will be ever
found in favor of expenditures. It must be per-
fectly obvio' to all who have the least experi-
ence, or who will duly reflect on the subject,
that were a fund selected in which to vest the
surplus revenue for future use, there w.ould be
found in practice a constant conflict between the
interest in favor of some local or favorite scheme
of expenditure, and that in (iivor of the stock.
Nor can it be less obvious that, in point of fact,
the former would prove far stronger than the
latter. The result is obvious. 'J he surplus, be
it ever so great, would be absorbed by appro-
priations, instead of being vested in the stock ;
and the scheme, of course, would, in practice,
prove an abortion ; which brmgs us back to the

original inquiry, how is the mirphis io\^^
posed of until the excess shall be reducH to J
just and economical wants of the povernniJl

"After bestowing on this question, on tUo,
cossful solution of which so much denendiA
most deliberate attention, your committ»
they have already stated, can advise but «
means by which it can be effected ; and tlm
an amendment of the constitution, aiithoruj
the temporary distribution of the surplus rsn
nue among the States till the j-ear 184,3 ;\f|«
as has been shown, the income and cxp^n(l::m
will be equalized.

'• Your committee arc fully aware of the rjj«|
and fatal objections to the distribution oft J
surplus revenue among the States, consiii
as a part of the ordinary and regular n«n{
this government. They admit thera to \it
great as can well be imagined. The proposit
itself; that the government should collect ffli)i„
for the purpose of such distribution, or shfJ
distribute a surplus for the purpose of pcrpetg
ting taxes, is too absurd to require rcfuutici
and yet what would be when applied, as i
posed, so absurd and pernicious, i.s, in theoi
ion of your committee, in the present cstn.
dinary and deeply disordered state of our iJij,
not only useful and salutary, but indlKpe].^
to the restoration of the body politic to a on.
condition; just as some potent medicine. vUj
it would be dangerous and absurd to pre^
to the healthy, may, to the diseased, be the «
means of arresting the hand of death, Disi
bution, as proposed, is not for the prcposun
and dangerous purpose of raising a rcTenue J
distribution, or of distributing the surpltu J
means of perpetuating a system of duties]
taxes ; but a temporary measui-e to dispo^l
an unavoidable surplus while the revenue kl
the course of reduction, and which cannot f
otherwise disposed of, without greatly s^
ing a disease that threatens the most danpg
consequences; and which holds out hope.
only of arresting its further progress, hut i
of restoring the body politic to a state of W
and vigor. The truth of this assertion a feirij
scrvations will suffice to illustrate.

•' It must be obvious^ on a little reflectiowil
the eflfects of distribution of the surplus rd
be to place the interests of the States, o«j
quest ions of expenditure, in opposition to (
P'^iiditure, as every reduction of expense m
necessarily increase the sum to be distrilx
among the States. The effect of this wodUI
to convert them, through their interests, i
faitliful and vigilant sentinels on the $i(li|
economy and accountability in the expenA
of this government ; and would thus povee
tend to restore the government, in its I
action, to the plain and honest Bimplicitjoff
mer days.

" It may, perhaps, be thought by some ll
the power which the distribution amon^j
States would bring to bear against the ap
turo and its consequent tendency to :

ANNO 1835. ANDREW JACKSON. rRESIDF.NT.

550

Itsedi-biirspmcnU of the povcmment, would l>;

I Uronp. a« "ot only to curtail useleM "^r ira-

Iwflprr cxpcmliture, but also the upcful • ' ne-

rliin-. Such, undoubtedly, would ,0 uon-

lucnce, if the process were too longo- rivicd ;

I in the present irregular and excess.vo .vction

U|hc pvstem, when its centripetal force thrcat-

W to concentrate all its powers in a single de-

kuimcnt, tiio fear that the action of this govem-

Lnt will be too much reduced by the measure

^iilor consideration, in the short period to which

t \i proposed to limit its operation, is without

L^t foundation. On the contrary, if the pro-

-o^td mensiire should be applied in the present

|i!cased state of the government, its effect would

L like that of some powerful alterative medi-

L|e operating just long enough to change the

lres«nt morbid action, but not sufficiently long

) superinduce another of an opposite charac-

• But it may bo objected that, though the dis-
ribution might reduce all useless expenditure,
[would at the same time give additional power
J the interest in favor of taxation. It is not
jtnied that such would be its tendency ; and,
ithe danger from increased duties or taxes was
t this time as great as that from a surplus re-
jiue, the objection would be fatal ; but it is
nfidently believed that such is not the case.
ji the contrary, in proposing the measure, it is
pumed that the act of March 2, 1833, will re-
(in undisturbed. It is on the strength of this
teumption that the measure is proposed, and,
[it is believed, safely proposed.
" It maj', however, be said that the distribu-
U niay create, on the part of the States, an
elite in its favor which may ultimately lead
I'its adoption nn a permanent measure. It ma^
[deed tend to excit* such an appetite, short as is
! period proposed for its operation ; but it is
itIous that this danger is far more than coun-
■vailed by the fact that the proposed amend-
knt to the constitution to authorize the distri-
Jtion would place the power beyond the reach
(legislative construction ; and thus efifectually
^vent the possibility of its adoption as a per-"
nent measure ; as it cannot be conceived that
^fourths of the States will ever assent to
i amendment of the constitution to authorize
istribution, except as an extraordinary mea-
i.applicable to some extraordinary condition
khe country like the present.
JGiTlng, however, to these and other objections
|ch may be urged, all the force that can be
ned for them, it must be remembered the
^stion is not whether the measure proposed
r is not liable to this or that objection, but
kther any other less objectionable can be
' led ; or rather, whether there is any other,
Ich promises the least prospect of relief, that
I be applied. Let not the delusion prevail
t the disease, after running through its natu-
ourse. will terminate of itself, without fatal
lequences. Experience is opposed to such
icipations. Many and striking are the ex-

amples of free States perishin;: under that e.xrcss
of patronage which now ntllirts onr^. It niay,
in fact, 1)0 said with truth, that nil or nearly
all diseases which atllict fitc govenmu't>t.s may
be traced directly or indirectly to cxn^s of re-
venue and oxpendiiure ; the cliect of which is to
rally around the government a powerful, cor-
rupt, and subservient corps — a corps ever obe-
dient to its will, and ready to sustain it in every
measure, whether right or wrong ; and which,
if the cause of the disease l>e not enidicated,
must ultimately render the government stronger
than the i)eople.

" AVhat progress this dangerous disease has
already made in our country it is not for your
committee to say j but when they rcHwt on tho
present symptoms ; on the almost unbounded
extent of executive patronage, wielded by a sin-
gle will ; tho surplus revenue, which cannot bo
reduced within proper limits in less than seven
years — a period which covers two presidential
elections, on both of which all this mighty power
and influence will be brought to bear ; and when
they consider that, with the vast patronage and
influence of this government, that of all tho
States acting in concert with it will be com-
bined, there are just grounds to fear that the
fate which has befallen so many other free gov-
ernments must also befall ours, unless, indeed,
some effectual remedy be forthwith applied.
It is under this impression that your committee
have suggested the one proposal ; not as free
from all objections, but as the only one of suHi-
cient power to arrest the disease and to restore
the body politic to a sound condition ; and they
have accordingly reported a resolution so to
amend the constitution that the money remain-
ing in the treasury at the end of each year till
tho 1st of January, 1843, deducting therefrom
the sum of ^2,000,000 to meet current and con-
tingent expenses, shall annually be distributed
among the States and Territories, including the
District of Columbia; and, for that purpose,
the sum to be distributed to be divided into as
many shares as there are senators and i-epre-
sentatives in Congress, adding two for each ter-
ritory and two for the District of Columbia ; and
that there shall be allotted to each State a num-
ber of shares equal to its representation in both
Houses, and to the teiTitories, including the Dis-
trict of Columbia, two shares each. Supposing
the surplus to be distributed should average
$9,000,000 annually, as estimated, it would give
to each share §30,405 ; which multiplied by the
number of senators and representatives from a
State will show the amount to which any State
will be entitled."

The report being here introduced to speak for
itself! the reply also is introduced as delivered
upon the instant, and found in the Congress
register of debates, tnus :

" Mr. Benton next came to the proposition in

.ICO

Timi'n' YEARS' VIEW.

the report to arnciul the constitntion for ciuht
years, to oimble Confrress to make distribution
amonp; the States, Territories, and District of
Columbia, of the annual surplus of public
money. The surplus is carefidly calculated at
<iH>,OU(XOO0 p>er annum for eight years ; and the
rule of distribution assumed poes to divide that
sum into as many shares as there are senators
and representatives in Congress ; each State to
take shares according to her representation ;
which the report shows would give for each
share precisely ^30,405 ; and then leaves it to
the State itself, by a little ciphering, in multi-
I)lying the aforesaid sum of ,^30,405 by the
whole ntmibur of senators and representatives
which it may have in Congress, to calculate the
annual amount of the stipend it would receive.
This process the report extends through a pe-
riod of eight years ; so that the whole sum to
be divided to the States, Territories, and Dis-
trict of Columbia, will amount to seventy-two
millions of dollars.

" Of all the propositions which he ever wit-
nessed, brought forward to astonish the senses,
to confound recollection, and to make him
doubt the reality of a past or a present scene,
this proposition, said Mr. B., eclipses and dis-
tances the whole ! What ! the Senate of the
United States — not only the same Senate, but
the same members, sitting in the same chairs,
looking in each others' faces, remembering what
each had said only a few short months ago
— now to be called upon to make an altera-
tion in the constitution of the United States,
for the pupose of dividing seventj'-two millions
of surplus money in the treasury ; when that
same treasury was proclaimed, affiiined, vatici-
nated, and proved, upon calculations, for the
whole period of the last session, to be sinking
into bankruptcy ! that it would be destitute of
revenue by the end of the year, and could never
be replenished until the deposits were restored !
the bank rechartered ! and the usurper and dcs-

Eot driven from the high place which he dis-
onored and abused I This was the cry then ;
the cry which resounded through this chamber
for six long months, and was wafled upon every
brreze to every quarter of the Republic, to
alarm, agitate, disquiet and enrage the people.
The author of this report, and the whole party
with which he marched under the oriflamme
of the Bank of the United States, filled the
Union with this cry of a bankrupt treasury, and
predicted the certain and speedy downfall of the
administration, from the want of money to -carry
on the operations of the government.

" [Mr. Calhoun here rose and wished to know
of Mr. Benton whether be meant to include him
in the number of those who had predicted a
deficiency in the revenue.]

" Mr. B, said he would answer the gentleman
by telling him an anecdote. It was the story
of a drummer taken prisoner in the low coun-
tries by the videttes of Mai-shal Saxe, under
circumstances wliich deprived him of the pro-

tection of the laws of war. About to !;« ,ii,. I
the poor drummer plead in his dufonof tint u I
was a non-combatant ; he did not ttjihi and I'i I
people ; he did nothing, he said, but beat u I
drum in the rear of the line. But he wasn.!
swcred, so much the worse ; that he nuulc oiImI
people fight, and kill one another, liy (Irinj.!
them on with that drum of his in tlic rcir^l
the line ; and so he should suiTer for it. j|,|
B. hoped that the story would be iindcnit^l
and that it would bo received by the gentium, I
as an answer to his question ; as neither in j^ I
politics, nor war, was there any (lifl'ercncci^l
tween what a man did by himself, and di.i \A
another. Bo that as it may, said Mr. X\iA
strangeness of the scene in which wc are noil
engaged remains the same. Last year it wiij
bankrupt treasury, and a beggared govcmraciit|
now it is a treasury gorged to biirstins; vrJtJ
surplus millions, and a govemmtnl frnmiiliiij
down liberty, contaminating morals, briljiiii;aiii|
wielding vast masses of people, from tlie uniB-l
ployable funds of countless treasures. Sudani
the scenes which the two sessions present ; aij
it is in vain to deny it, for the fatal spetcheidl
that fatal session have gone forth to u'Mhclj .
ders of the republic. They were printed kiiL
by the myriad, franked by members by the tul
weight, freighted to all parts by a decried i
overwhelmed Post Office, and paid fur!
for I by whom ? Thanks for one thing, at leasil
The report of the Finance Conunittec on i
bank (Mr. Tyler's report) efiected tlie exhui
tion of one mass — one ma.ss of hidden l
buried putridity ; it was the printing acconi
of the Bank of the United States fur that i
sion of Congress which will long live in i
history of our country under the odious ap|
lation of the panic session. That printing i
count has been dug up; is the black vomit d
the bank ! and he knew the medicine whi
could bring forty such vomits from tlie foal
stomach of the old red harlot. It was tlieitif
tuted upon parliamentary principles ; a nm
tee, composed, in its majority, of those nU
charged misconduct, and evinced a disposiiii
to probe every ohai^e to the bottom ;
committee as the Senate had appointed, at li
same session, not for the bank, but fur thep
ofiicc.

" Yes, exclaimed Mr. B., tlot only the tie
sury was to be bankrupt, but the currency!
to be ruined. There was to be no money. "
trash in the treasury, what little there i
was to be nothing but depreciated paper, i
vile issues of insovlcnt pet banks. Silver, i
United States bank notes, and even good 1
of exchange, were all to go off, all to take hi
and make their mournful exit together;
gold ! that was a trick unworthy of (
nance ; a gull to bamboozle the simple, andlj
insult the intelligent^ until the fall elc(
were over. Ruin, rum, ruin to the cui
was the lugubrious cry of the day, and Ikii

ANvo ij33. ANr)i:nw jackson. riaMr)ENT.

501

of war. Abonttol«s^l
plead i" '>'" Jt'ffna- thitkjl
int ; he dill not llirlit ami tjl
hinR, lie said, b\il Ww bl
of the line. But he was 1^1
tic worse ; that he inwli; ()il<,|
iill one another, hy (Iriva,!
t drum of his in the rear of I
he should suffer for it. Jlr.l
Btory would be undcrmijoil
bo received by the gentlmujl
is question ; as neither in Im.I
^ was there any dill'ercnccWl
ri did by himself, and dil kyl
t as it may, said Mr, 15.,il,|

scene in which wc are noil
the same. Last year it wm J
y. and a bcpgared jrovemmcwl
jury gorpcd to biirstinj; »itil

and a govcrnmeiil tram[iliiiil
ttaminating morals, bribinj! nail
isses of people, from the murl
if countless treasures. Sucliml

1 the two sessions present; udl
eny it, for the fatal spcechatjl
1 have gone forth to al'theWT
iblic. They were printed kt.
franked by members by ilit m
A to all parts by a decried i
est OfBce, and paid for! f.

Thanks for one thing, at \m\
the Finance Committee on i'
Ir's report) effected the exhiu
nass — one ma.ss of hidden i
y ; it was the printing accoB!
the United States for that h
SB which will long live in t
30untry imder the odious ap[tlj
anic session. That printing kJ
I dug up; 13 the black voMtd
i he knew the medicine uU
rty such vomits from tlie id
old red harlot. It was the mH
mmittee of investigation, co»
liamentary principles ; aromnia

in its majority, of those »U
iduct, and evinced a dispositid

charge to the bottom; mU
the Senate had appointed, at iH
lot for the bank, but for t'-"

iraed Mr. B., ilot only the K
5 bankrupt, but the currency
There was to be no money.
treasury, what little there
ihing but depreciated paper,
insovlent pet banks. Silver,
bank notes, and even pood
rere all to go off, all to take b
eir mournful exit together;"
as a trick unworthy of «

to bamboozle the simpl«',»!^
telligent, untU the fall ele^
luin7 ruin, ruin to the cu.

,riouscry of theday.andtbei

purfiilbiirlen of the speech for si.x Ion? niontha.
\„5r, (in the ontrary, it stems to 1)C admittcil
ilut there is to be money, it-al good money, in
|A^, ,n.a.«ury, such as the fiercest liator.s of the ;
i»i l)iink< woiihl wish to have ; and that not a j
jiiile, since seventy-two millions of surpluses |
i«re nropi'sed to Imj drawn from that same \
nipty treasury in the brief space of eight years, i
i>,it a word siljout ruined currency now. Not a
.nl about the currency itselfl Tlic very word
ms to be dropped from the vocabulary of gen-
Jenien, AH lips closed tight, all tongues hushed
till, all allusion avoided, to that once dear
ihrase. Tlie silver currency doul)led in a year ;
ur millions of gold coins in half a year ; ex-
jn'cs reduced to the lowest and most uniform
,tes ; the whole expenses of Congress paid in
,1(1; working people receiving gold and silver
ir their ordinary wages. Such are the results
hieh have confounded the prophets of wo,
enwl the tongues of Inmentation, expelled
,. word currency from our debates; and
.ught the people to question, if it cannot
■ini' themselves, to doubt, the future infalli-
llitv of those undaunted alarmists who still
forward with new and confident predictions,
itffithstanding they have been so recently and
conspicuously deceived in their vaticinations
a ruined currency, a bankrupt treasury, and
jbepprd government.
But here wc are, said Mr. B., actually en-
d m a serious proposition to alter the con-
ftution of the United States for the period of
t years, in order to get rid of surplus reve-
le; and a most dazzling, seductive, and fasci-
iting echcme is presented ; no less than nine
llions a year for eight consecutive years. It
ik like wildfire, Mr. B. said, and he had seen
ember— no, that might seem too particular
le had seen a gentleman who looked upon it
establishin;» a new era in the affairs of our
lerica, establishing a new test for the forma-
of parties, bringing a new question into all
elections. State and federal ; and operating
political salvation and elevation of all who
iported it and the immediate, utter, and irre-
ivable political damnation of all who opposed
But Mr. B. dissented from the novelty of
scheme. It was an old acquaintance of his,
new vamped and new burnished, for the
fent occasion. It is the same proposition,
to be accomplished in a different way,
ich was brought forward, some years ago, by
nator from New Jersey (Mr. Dickerson)
which then received unmeasured condem-
lon, not merely for unconstitutionality, but
ill its effects and consequences : the degra-
n of mendicant States, receiving their an-
allowance from the bounty of the federal
mment; the dcbauchment of the public
lis, when every citizen was to look to the
treasury for money, and every candidate
iffice was to outbid his competitor in offer-
it; the consolidation of the States, thus re-
injt frara a central supply of revemio ; the
Vol. I.— 3()

follv of colleefiiis; with one hand to pay bai'k
with Iheottur; iiml lioth liaiuls to be ^Tti'i^od iit
the exjiense of the eifizin, who pays <.nc iiiim to
«)llcct the money fi-vii him, niid tiiioliier to
bring it back to him, miuKu the interest and the
cost of a double operatinn in fetchiny: and carry-
ini*; and the eventual and inevitable pr(>;:ress
of tfie .scheme to the jdunikT of the weaker half
of the Union by the stronger ; when the stronger
half wouM uiuloubtedly throw the whole bur-
den of raising the money ujjon the weaker half,
and then take the main portion to tliemselves.
Such were the main objections uttered apainst
this plan, seven years ago, when a piiUaiit son
of South Carolina (General Hayne) stood by
his (Mr. B.'s) side — no, stood before hin^ — and
led nim in the fight against that fatal and delu-
sive scheme, now brought forward imder a more
sedusive, dangerous, alanning, inexcusable, un-
justifiable, and demoralizing form.

'• Yes, .said Mr. B., it is not only the revival
of the .same plan for dividing surplus revenue,
which received its condemnation on this floor,
seven or eight years ago ; but it is the modifica-
tion, and that in a form infinitely worse for the
new States, of the famous land bill which now
lies upon our table. It takes up the object (T
that bill, and runs away with it, giving nine mil-
lions where that gave three, and leaves the au-
thor of that bill out of sight behind ; and can
the gentleman from South Carolina (Mr. Cal-
houn) be so short-sighted as not to see that
somebody will play liim the same prank, and
come forward with propositions to raise and di-
vide twenty, thirty, forty millions ; and thus out-
leap, outjump, and outrun him in the nice of
popularity, just as far as he himself has now
outjumped, outleapcd, and outran, the author of
the land distribution bill ?

" Yes, said Mr. B., this scheme for dividing
surplus revenue is an old acqimintance on this
floor; but never did it come upon this floor at a
time so inauspicious, under a form so question-
able, and upon assumptio!is so unfounded in fact,
so delusive in argumeiif. He would speak of
the inauspiciousness of the time hereafter; at
present, he would take positions in direct con-
tradiction to nil the arguments of fact and ra-
son upon which this monstrous scheme of dis-
tribution is erected and defended. Condensed
into their essence, these arguments ar" :

" 1. That there will be a surplus of nine mil-
lions annually, for eight years.

" 2. That there is no way to reduce the reve-
nue.

'• 3. That there is no object of general utility
to which these surpluses can be applied.

"4. That distribution is the only way to car-
ry them off without poisoning and corrupting
the whole body i)olitic.

" Mr. B. disputed the whole of tho.=e proposi-
tions, and would undertake to show e.*\ch to be
unfounded and erroneous.

" 1. The report says that the surplus will pro-
bably equal, on the average, for the next eight

■ip

.0G2

THIRTY YKARS' VIi:\V.

iiJ'iP'i'iM '■ '.\.

ycftrH, tlic mm of sn,0()ft,non l)cyond the just
w.ints of the povcrmnfiit ; and in a subsequent
part it says, eiipposin}? the surphis to be distri-
buted should avcrntro ^'J,0()0,()0(), annually, as
estimated, it would (;ive to each share $130,405,
which, multiplied by the senators and represen-
tatives of any State, would show the sum to
which it would be entitled. The amendment
which has Ijeen reported to carry this distribu-
tion into eflect is to take eflcct for the j-ear 1835
— the present year — and to continue till the 1st
(lay of January, 1843 ; of cotirse it is inclusive
of 1842, and makes a period f)f eipht years for
the distribution to po on. The amendment con-
tains a blank, w^hich is to be filled up with the
sum which is to be left in tlio treasury every
year, to meet contiufjcnt and unexpected de-
mands ; and the report shows that this blank is
to be filled with the sum of §2,000,000. Here,
then, is the totality of these surpluses, eleven
millions a year, for eight consecutive years ; but
of which nine millions are to be taken annually
for distribution. Now, nine times eight are
seventy-two, so that here is a report setting
forth the enormous sum of ©72,000,000 of mere
surplus, after satisfying all the just wants of the
government, and leaving two millions in the trea-
sury, to be held up for distribution, and to ex-
cite the people to clamor for their shares of such
a great and dazzling prize. At the same time,
Mr. B. said, there would be no such surplus. It
was a delusive bait held out to whet the appe-
tite of the people for the spoils of their country ;
and could never be realized, even if the amend-
ment for authorizing the distribution should now
jiass. The seventy-two millions could never be
found ; they would exist nowhere but in this
report, in the author's imagination, and in the
deluded hopes of an excited community. The
seventy-two millions could never be found ; they
would turn out to be the ' fellows in Kendal
green and buckram suits,' which figured so
largely in the imagination of Sir John Falstaflf
— the two-and-fifty men in buckram which the
valiant old knight received upon his point, thus !
[extending a pencil in the attitude of defence].
The calculations of the author of the report
were wild, delusive, astonishing, incredible. He
(Mr. B.) could not limit himself to the epithet
wild, for it was a clear case of hallucination.

" Mr. B. then took up the treasury report of
Mr. Secretary Woodbury, communicated at the
commencement of the present session of Con-
gress, and containing the estimates required by
law of the expected income and expenditure for
the present year, and also for the year 1836. At
pages 4 and 5 are the estimates for the present
year ; the income estimated at $20,000,000, the
expendituies at $19,083,540 ; being a difference
of only some three hundred thousand dollars
between ^,^e income and the outlay ; and such
is tl>e chanee for nine millions taken, and two
left in the first year of the distribution. At
pages 10, 14, 15, the revenue for 1830 is com-
yuted; and, after going over all the heads of

expense, on which diminuti >\\< will jiroJal.if
made, he computes the income and ouiIay,f,J*
year at about equal ; or probably a litilt'siin.ii*
to the amount of one million. 'l!n ^e ari |!^
estimates, said Mr. B., formed uj on da'a ,,*
coming from an officer making rcpr.rts utonC
responsibility, and for the le/islativf culIj,^
of Congress ; and to which we are IioiukJ to. >►
credence until they are shown to Itc iii(ori,„'
Hero, then, are the first two years of tluiijiij
disposed of, and nothing found in tlieni loditKi, I
The last two years of the tenn conM \^^\^
patched even more quickly, said Mr, j; . f
every body that understands the C()iii],r.i,.l'
act of March, 1833, must know that, in il.t].,
two years of the operation of that act, lU
would be an actual deficit in the treasury. Lo
at the terms of the act! It prwee(l,"livi,i,^
and insensible degrees, making slight dwliictiinsj
once in two years, until the years \f\\ '^
1842, when it ceases crawling, and comnieiiJ
jumping; and leaps down, at two jumrs j
twenty per centum on tlie value of tfu' artii
which pay duty, which articles are less than
half of our importations. Twcntv jtr ««
upon the amount of goods which will then t*
duty will produce but little, say twelve or tki'
teen millions, upon the basis of sixty or ee cti
millions of dutiable articles imported tlien, wlii(
only amount to forty-seven millions now. ij
there will be no surplus at all for one lialf
period of eight years : the first two and tkl.
two. In the middle period of four year.? ik'
will probably be a surplus of two or thwi
lions ; but Mr. B. took issue upon all (he alk
lions with respect to it ; as that there ffu
way to reduce the revenue without disturl
the compromise act of March, 1833 ; that li
was no object of general utility to which it
be applied ; and that distribution was tk
way to get rid of it.

"Equally delusive, and profoundly cm
ous, was the gentleman's idea of tlie sui
which could be taken out of the appm
tions. True, that operation could be perfoi
ed once, and but once. The run of our
sury payments show that about one
of the year's expenditure is not paid '\tiil
the year, but the first quarter of the
year, and thus could be paid out of tiio
nue received in the first quarter of the _
year, even if the revenue of the last qiianeri
the preceding year was thrown away. Bet
was a thing which could only It done
You might rely upon the first quarter, but
could not upon the second, third, and foi
There would not be a dollar in the treasni
the end of four years, if you deducted a qi
amount four times successively. It was j
if a homely adage might be allowed, which
well apply — you could not eat the cake and
it too. Mr. B. submitted it, then, to the S
that, on the first point of objection to the
his i.ssue was maintained. There was m
surplus of nine millions a year for eight,?

ANNO 183.V ANDREW JArKSON*. PllI^IDKNT.

563

limimiti ■ii'^ will irolint.lv'K,
the income mid oiillayifi},

; or jtrolmbly a little surply
one iniUioii. 'lln^c art li,,
•. IJ., formed iijon ilataaul
Beer making n J)' rts \\\,',nhi

for the le^it^liitivi' i;iii.lai«
;o which wc arc bonml tniitj
I' arc shown to he imorua,
c first two years of tlu'cithtl
ithinp found in theuitociivKl,
irs of the term could !*&
ro quickly, eaiil Mr. I;.;(t,|

nnder8tands the coiiiiirinii*.
13, must know that, in iL^lw
; ojicration of that act. iLtn
i\ deficit in the treasury, Loi
the act! It prwced.', liy >li(t
crecs, making sliplit duiliictiMB
irs, until the years K-U jjjl
;asc9 crawling, and coiiiumcs
leaps down, at two jumjvs. ;
iim on the value of tlu' iirtd
which articles are less th,in oa
portations. Twenty i*r kl
it of poods which will then pJ
cc but little, say twelve or thif
pen the basis of sixty or k- cr.i
ible articles imported tlmMid
I forty-seven milli -ns now. It-"
surplus at all for one halt

years : the first two and the !
aiddle period of four years tkij
je a surplus of two or tlm^ ir"

B. took issue upon all the alle,
lect to it; as that there wa
, the revenue without disturl
?e act of March, 1833 ; thatti
of general utility to which it .
\A that distribution was tk

i of i*- r „

ielusive, and profoundly ci

gentleman's idea of the ehi,
bo taken out of the apprcp
that operation could be perfci
but once. The run of our"
its show that about one qt
3 expenditure is not i^M n
it the first quarter of the •
us could be paid out of the i
in the first onartcr of the
the revenue of the last quirtaj
e year was thrown away. Bat"
• which could only be done
'civ upon the first quarter, k
ipon the second, third, and fa
I not be a dollar in the trcator
)ur years, if you deducted a qui
•times successively. It«"
idage might be allowed, which-

-vou could not cat the cake an^l

■^B. submitted it, then, to the h«

first point of objection to thci

.as maintained. There was w

nine millions a year for eigLt,

^^ had been a^mimcd, nor any thing near it ; i nd
,hi« ii.««iitnption being the corner-stone of the
irliolcclitlcc of the scheme of distribiiti' (i, it
na.^'iutfieient to show the fallacy of tl ,4t data
,„|,1()W the whole .«cheme into the er.ipty air.

Mr. B. admoniBheil the Senate to In-ware of

I ,.^,|jculc. To pass a solemn vote for amending

jho constitution, for the ptirpose of enabling

t'oncress to make distribution of surpluses of

L.veinie, an<l then find no surplus to distribute,

miiht les.>«n tlie dignity and diminish the weight

[of w prave a body. It might expose it to ridi-

Ipile ; and that wa.s a hard thing for ptiblic bodies,

linJ puW'C ">'"'! to stand. The Senate had stood

Iniuch in its time ; much in the latter part of Mr.

iMnnroc's administration, when the Washington

|ilepubllc:in habitually denounced it as a faction,

lind displayed many brilliant essays, written by

k)o mean hand, to prove that the epithet was well

Lnplicd, thoupn applied to a m.ijority. It had

ftiiod much, also, during the four years of the

eoond Mr. Adams's administration ; as the sur-

tiving pages of the defunct National Journal

(ruid'^still attest : but in all that time it stood

^car of ridicule ; it did nothing upon which

BiioT wit could lay its lash. Let it beware now !

lir the passage of this amendment may expose

I to untried peril ; the peril of song and cnrica-

pR>. And wo to the Senate, farewell to its dig-

|ity, if it once gets into the windows of the print-

hiip, and becomes the burden of the ballads

fiiich the milkmaids sing to their cows.

I »2. Mr. B. took up his second head of objec-

The report affirmed that there was no

isy to reduce the revenue before the end of the

tolr 1842, without violating the terms of the

Lmpromise act of March, 1833. Mr. B. said

I had opposed that act when it was on its pas-

. and had then stated his objections to it.

Iwas certainly an extraordinary act, a sort of

Iw constitution for nine years, as he had hoard

Ifilicitously called. It was made in an unusual

Tinner, not precisely by three men on an island

jthecoa.st of Italy, but by two in some room

|a boardinj^-house in this city ; and then pushed

migh Congress under a press of sail, and a

esse of feeling ; under the factitious cry of

isolution of the Union, raised by those who

i been declaring, ou one hand, that the tariff

kid not be reduced without dissolving the

lion; and on the other that it could not

jkept up without dissolving the same Union.

> value of all such cries, Mr. B. said, would

appreciated in future, when it was seen with

r much facility certain jiersons who had stood

Her the opposite poles of the earth, as it wore,

jthe subject of the tariff, had come together

Icompromi.'ic their opinions, and to lay the

if on the shelf for nine years ! a period which

bed two presidential elections ! That act

I no favorite of his, but he would let it alone;

I thus leaving it to work out its design for

1 years, he would say there were ways to i-e-

! the revenue, very sensibly, without atfect-

[ths terras or th? spirit of that act. And

hero he would sponk upon data, fie hud the
authority of the .St-rntnry of tlie Trcusiiry (.Mr.
Woodbury) to (Urlan- that he iKliivrd lie Coiilil
reduce the revenue in this wav and upon import ■*
to the amount of tivehunclreij tlioiisuiul dollar- ;
and he, Mr. H., siinuM Milmiit a re.soluticni call-
ing upon the Secretary to tuniish the dciaii.s oi"
this wduction to the Senate at the coiunuiic -
ment of their next stated scs.sinn, lli;»t ('"iign s
might act upon it. Further, .Mr. 15. would si
that it appeared to him that the whole li.>t ol'
articles in the fifth section of the act, nmiuintiriL;
to thirty or forty in number, and which by that
.section arc to be frt« of duty in lM42,nnd wliichin
his opinion might be maih'five this day.and that,
not only without injuiry to the manufacturers,
but with such manifest advantage to them. that.
as an oqiiivatent for it, and for the sake of ob-
taining it, they ought to come forward of tlieni-
selves, and make a voluntary concession of re-
ductions on some other point.s, especially on
some classes of woollen good.*,

" Having given Mr. Woodbury's authority f<'."
a reduction of lS500,0()() on imports, Jlr. 15.
would show another source from which a much
larger reduction could be made, and that with-
out affecting this famous act of March. 18:!3, in
another and a different quarter ; it was in tlio
AVestcm quarter, the new States, the jjublic
I lands I The act of 1833 did not '^mbr.ice this
source of revenue, and Congress was free to act
upon it, and to give the people of the new States
the same relief on the purchase of the article on
which they chiefly paid revenue as it had done
to the old States in the reduction of the tariti".
Mr. B. did not go into the worn-out and explod-
ed objections to the reduction of the price of the
lands which the report had gathered up from
their old sleeping places, and presented again to
the Senate. Speculators, monopolies, the fall in
the price of real estate all over the Union ; the.-e
were exploded fallacies which he was sorry tc
see paraded here again, and which he should not
detain the Senate to answer. Suflice it to say,
that there is no application made now, made
heretofore, or intended to be made, so far as he
knew, to reduce the price of new land ! One
dollar and a quarter w.is low enough for the first
choice of new lands; but it was not low enough
for the second, third, fourth, and fifth choices !
It was not low enough for the refu.se lands which
had been five, ten, twenty, forty years in market ;
and which could find no purchaser at .^1 '2r), for
the solid reason that they were worth but the
half, the quarter, the tenth part, of that sum.
It was for such lands that reduction of prices
was sought, and had been sought for many years,
and would continue to be sought until it was
obtained ; for it was impossible to believe that
Congress would persevere in the flagrant injus-
tice of for ever refusing to reduce the price of re-
fuse and unsalable lands to their actual value.
The policy of President Jackson, communicated
in his messages, Mr. B. said, was the policy of
wisdom and justice. IIewasfordi,s|iosiiig-oftha

5CA

TIIIUTY YEARS' VIEW.

¥^n

luiiils iiioro for the purpose of proinotinfj scttle-
iiiLiits, ami crt'atinir freeholders, than for the
jdirposc of exactin(j; revenue from the meritori-
{Hi6 cloh^ (if citizens who cultivate the soil. He
woiilil sell the lands at prices wliich would pay
(•x|)ensfs — the cx|)ensc of acquiring them from
the Indians, and surveying and KellinR them;
jiiid this system of moderate prices with dona-
tions, or nominal sales to actual settlers, would
tlo Justice to the new States, and etlect a sensible
iv'Inclion in the revenue ; enough to prevent the
7ioces»ity of amending the constitution to get rid
ol nine million surpluses I But whether the
{irice of lands was reduced or not, Mr. M. said,
the revenue from that source would soon be di-
minished. The revenue had been exorbitant
trom the sale of lands for three or four years
patjt. And why ? Precisely because immense
bodies of new lands, and nmch of it in the States
adapted to the production of the great staples
which now bear so high a price, have within that
jwiiod, come into market ; but these fresh lands
must soon be exhausted ; the old and refuse only
remain for sale ; and the revenue from that
•source will sink down to its former usual amount,
instead of remaining at three millions a year for
nine years, as the report assumes.

*• 3. "When he had thus shown that a diminu-
tion of revenue could be effected, both on imports
and on refuse and unsalable lands, Mr. B. took
up the third issue which he had joined with the
ivport; namely, the possibility of finding an
object of general utility on which the surpluses
could be expended. The report affirmed there
w as no such object ; he, on the contrary, affirm-
ed that there were such ; not one, but several,
not only useful^ but necessary, not merely ne-
cessary, but exigent; not exigent only, but in
tliJ highest possible degree indispensable and
essential. He alluded to the %vhole class of
measures connected with the general and per-
manent defence of the Union ! In peace, prepare
for war I is the admonition of wisdom in all ages
and in all nations ; and sorely and grievously
hiis our America heretofore paid for the neglect
of that admonition. She has paid for it in blood,
in money, and in shame. Are we prepared now?
And is there any reason why we should not pre-
pare now ? Look at your maritime coast, from
Passamaquoddy ]}ay to Florida point; your gulf
oast, from Florida point to the Sabine ; your
lake frontier, in its whole extent. What is the
picture ? Almost destitute efforts ; and, it might
be said, quite destitute of armament. Look at
your armories and arsenals — too few and too
empty ; and the West almost destitute ! Look
at your militia, many of them mustering with
corn stalks ; the States deficient in arms, especial-
ly in field artillery, and in swords and pistols
fop their cavalry ! Look at your navy ; slowly
increasing under an annual appropriation of half
u million a year, instead of a whole million, at
which it was fixed soon after the late war, and
from which it was reduced some years ago, when
money ran low in the treasury ! Look at your

dock-yards and navy-yards ; thinly dottwial,.,,
the maritime coast, and hardly seen at nil un li
gulf coast, where the whole South, an<l tht g:,^.
West, so imperiously demand naval prottctif.r,
Such is the picture; such the state of our coun-
try ; such its state at this time, when even tV
most unobservant should see something to inni,,
us think of defence ! Such is the state of i „ i
defences now, with which, oh! strange and wur..
derful contradiction ! the administration u nw I
reproached, reviled, flouted, and tauntwi, by thr™.
who go for distribution, and turn their backs i^
defence ! and who complain of the President k
leaving us in this condition, when live years j-,,
in the j'ear 1829, he recommended tiie annuil
sum of ^250,000 for arming the forlificaijor,!
(which Congress refused to give), and whonoirl
are for taking the money out of the trcnsnrv.tJ
bo divided among the people; instead of turriin-f
it all to the great object of the general ami ni"
manent defence of the Union, for wliich tliei
were so solicitous, so clamorous, so fwlin;!,!
alive, and patriotically sensitive, even oni; shml
month ago. I

" Does not the present state of the coiinirrl
(said Mr. B.) call for defence? and is not tliil
the propitious time for putting it in dcfrnvJ
and will not that object absorb every dclir of
real surplus that can be found in the tieaji:.-
for these eight years of plenty, during which « J
are to be afiiicted with seventy-two millioiu'iil
surplus? Letussce. Let us take one single braial
of the general system of defence, and see IwiriJ
stands^ and what it would cost to put it in tb
condition which the safety and the honor of tSj
country demanded. He spoke of the fortifiealiom
and selected that branch, because he had datiii
go upon ; data to which the senator from SouJi
Carolina, the author of this report, could i
object.

" The design (said Mr. B.) of fortifying i!^
coasts of the United States is as old as the lei
itself. Our documents are full of executive n
commendations, departmental reports,
ports of committees upon this subj-.pt, all urjij
this great object upon the attention of Conjre
From 1789, through every succeeding adiii
tration, the subject was presented to Congra
but it was only after the late war, and when il
evils of a defenceless coast were fresh before li
eyes of the people, that the subject was preM
ed in the most imprcssive, persevering, andnj
tematic form. An engineer of the tirst i
(General Bernard) was taken into our m
from the school of the great Napoleon. X r
lution of the House of Representatives calleii J
the War Department for a plan of dcfence,ii
a designation of forts adequate to the projec
of the country ; and upon this cull exaroioit
were made, estimates framed, and forts proj«
for the whole maritime coast from Savaiinill
Boston. The result was the presentatioi^]
1821, of a plan for mnety forts uponthatp
of the coast ; namely, twenty-four of the o
class ; twenty-three of the second ; and f«^

ANN'O 183.V ANDREW JACKSON', ruI^IDrNT.

5t;.J

r-yards; thinly doltcihH;
md hardly scc-n at nil uml*
B whole feouth, ami tlie prw;
y demand naval i)roteciii,n;

Buch the state of out couti-
Hi this time, when even t'*
hould Bco BomethinKtoiiiak

1 Such is the state of nn

which, oh ! strange and wi.r..
1 ! the administration in \m

flouted, and tauntvd, by thov
ition, and turn their bads ij j
compluin of the I'residtm (. r
•ondition, when live years jpi,
ho recommended tlie anniul

for arminp the forlificalioti
refused to give), and whonw

money out of the treftsiiry.to

the people ; instead of turTun;

object of the general andw
of the Union, for which they I
,8 BO clamorous, so fwliii;lvl
ic'ally Ecnsitive, even oni; sliwl

! present state of the co\;mrT|
11 for defence 1 and is not tbl
time for putting it in dcfw,«;|
it object absorb every dohraj
t can be found in the tiiiiiirl
rt-ars of plenty, during wliiclul
»d with seventy-two millions dl
sec Let us take one single brawl
vstem of defence, and see \\m
at it would cost to put it in tla
1 the safety and the honor ouy
led. llespokeofthefortificaliom
It branch, because he had dauti
to which the senator from iwi
uthor of this report, couiH

1 (said Mr. B.) of fortifyin?lM
[nited States is as old as the Iw.
K-umentsai-e full of executive B
s departmental reports, and r
ittecB upon this subyTt, all uijt
.ct upon the attention of Coap
Irough every succeeding adm
ibiect was presented to Con?
ly after the late war, and An
nceless coast were fresh bctoret!
•ople, that the subject was press
;t impressive, persevering and^
An engineer of the tirst n
rnard) was taken into our kit
K)l of the great Napoleon. A K
House of Representatives calWj

"rtmentforaplano defeH
1 of forts adequate to the prOjOT

•v; and upon this call examine

4imatesfmmed,andfort8proj^

e maritime coast from SavamJI

Se result was the presentM^J
Ian for ninety forts upon tM

; namely, twenty-four of tM
ty-thrco of Ihe second; and (0^

three of the third. ' r lor the ndministration
of Mr. Monroe, and the urgent reromnien<latioiis
of the then head of the War Dcpiirtnunt (Mr.
Calhoun), the construction of these forts whs
fiiinmenccd, and pushetl with spirit and activity ;
Imt owing to circumstances not necessary now
,0 lie detailed, the object declined in the public
iiinr, lost a part of it's popularity, perhaps jiist-
Iv and has since proceeded so slowly that, at the
end of twenty years from the late war, no more
than thirteen of these forts have been cf)nstruct-
ed- namely, eight of the first class, three of the
gi^ind, and two of the third ; and of these thir-
teen constructed, none are nrmiMl; almost all of
them are without guns or carriages, and more
nadv for t^o occupation of an enemy than for
tlio defence of ourselves. This is the state of
I fortifications on the maritime coast, exclusive of
the New England coast to the north of Boston,
exclusive of Cape Cod, south of Boston, and cx-
ciusive of the Atlantic coast of Florida. The
1 lake frontier is untouched. The gulf frontier,
[almost two thousand miles in length, barely is
I dotted with a few forts in the neighborhood of

I'enMCola, New Orleans, anfl Mobile ; all the

re't of the coast may be set down as naked and

(lofcncclcss. This was our condition. Now, Mr.

B. did not venture to give an opinion that the

ifhoie plan of fortiflcation.'i developed in the re-

(irts of 1821 should be cirricd into effect ; but

e would say, and that most confidently, that

jiich of it ought to be ; and it would be the

lusiness of Congress to decide on each fort in

Bilking a specific appropriation for it. He would

ilsu say that many forts would be found to be

lecessary which were not embraced in that plan ;

for it did not touch the lake coast, and the gulf

last, nor the New England coast, north of Bos-

in, nor any point of the land frontier. With-

lut going into the question at all, of how many

ere necessary, or where they should l)0 placed,

was sufficient to show that there were enough

inting, beyond dispute, to constitute an object

utility, worthy of the national expenditure ;

id sufficient to absorb, not nine millions of an-

d surplus, to be sure, but about as many mil-

ns of surplus as would ever be found, and the

nk stock into the bargain. The thirteen forts

instructed had cost twelve millions one hun-

d and thirteen thousand dollars ; near one

lillion of dollars each. But this was for con-

iction only ; the armament was still to fol-

; and for this object two millions were es-

ated in 1821 for the ninety forts then recom-

inded ; and of that two millions it may be

luraed that but little has been granted by

ingress. So much for fortifications ; in itself

lingle branch of defence, and sufficient to

orb many millions. But there were many

ler branches of defence which, Mr. B. said,

would barely enumerate. There was the navy,

lading its gradual increase, its dock-yards,

na>^ . :~'s ; then the armories and arsenals,

lich were so much wanted in the South and

t, and especially in the South, for a reason

(Ix'sides those which apjtly to p.rciirn rncmi' >»
which need not bo nuiin d ; tbi'i llic t<iip,ilv .„'
arms to the Sfiitis. i-iinciajly titid iiriilfir ,
swonls, and pistnls. fur which lin aiiiniii! but in-
adc'iimfe appropriatinn Imd l.(fri niaiic fur c>
long a time th.'it lu' bdiivc 1 the Stiitcn had ;i|.
most forgot till' subjict. Here iiri'objictscniin!;li,
Mr. President, cxcliiiiiu'il Mf. 15., toiilismli eviiv
dollarof our surplus, ntid the bunk >tock lH'>i<!fl.
The surpluses, he was ccitiiin, wonjcl l)c whi>llv
insiifllcient, and the bank ht'xk, by a snlcin-i
resolution of the two Houses of (.'oiign'ss, sliouM
be devoted to the olpject. As a fund was ^c
apart, and held safred (in<l iiiviolable, for tli"
p.iyment of the public dciit so ; should a fund 1"
now created for national dcfbiice. and this bmik
stock should be the first a, id ino.<t sacnd itti.i
put into it. It is the only way to s!ivo tliut stoi k
from becoming the prey of incessant coiitiiv-
ances to draw inonoy frr)in the tivasiiry. Mv.
B. said that he intended to s'lbniit resolutions,
requesting the President to cause to bo "ota-
municated to the next Congress full inforiinili'ii
upon all the points that he had touched ; the
prolmble revenue and expenditure for the next
eight years; the plan and expense of fortifyiii.'
the coast; the navy, and every other point con-
nected with the general and j)ernianent (h fence
of the Union, with a view to let Coiigivss take it
up, upon system, and with a .lesign to complete
it without further delay. Aivl ho doinaiidcd,
why hurry on this arnenduKnt before that info; -
mation can come in ?

" Now is the auspicious moment, said Mr. M.,
for the republic to rouse from the apathy in(o
which it has lately sunk on the subject of na-
tional defence. The public debt is paiil ; a sum
of six or seven millions will come from the bank;
some surpluses may occur; lot the nationiil de-
fence become the next great object aftev tie
payment of the debt, and all spare money go to
that purpose. If further stimulus were wanted,
it might be found in the present aspect of our
foreign affairs, and in the reproaches, the taunt-,
and in the olfensive insinuations which certain
gentlemen have been indulging in lor two
months with respect to the defenceless state of
the coast ; and which they attribute to the ne;:-
ligence of the administration. Certainly sucii
gentlemen will not take that money for distri-
bution, for the immediate application of whicli
their defenceless country is now crying aloml,
and stretching forth her imploring hands.

" Mr. B. would here avail himself of a voice
more potential than his own to enforce attention
to the great object of national defence, the re-
vival of which he was now attempting. It w.is
a voice which the senator from South Carolina.
the author of this proposition to squander in di—
tributions the funds which should be sacred to
defence, would instantly recognize. It was iv.i
extract from a mcssa,2;e communicated to Con-
gress, December 3, 1822, l)y President -Monrf e.
Whether considered under the relation < f simi-
larity which it bsars to the langiiiij:e and sniti-

5GG

TIIIUTY YKAllS- Vir.U'.

MilHIl^

nii'DtB of cotniijiomncoiiH re|if.rN from tlu* tlicn
lifiul of the War l)t'|inrtiii('iit ; th<! |N)iiitioii
Wliicli tlio writer of tlioso ri'portM tlun ht-lil in
ri.'liitiiiii to Pivsidt'iit Monroe ; the ri>;lit wliicli
lit' |x)ssosHC(|, an Sfcri'tary of War, to know, at
least, wliat war* put into tl e incxHaffe in relation
to nicaHiires coiniected w h liin department ;
considered umler any and all of tlieso ns|K'ctH,
tlie extracts wliich he wojh about to read nii^ht
Im' consi<Iered as expreHsiiift tho HentimentH, if
iii)t Hpeakinj; the words, of tlio (gentleman who
now sees no oliject of utility in providing; for
tlio defence of his country ; and who then j)lead
tlio canse of that defence with so mnch truth
and eneriry, and with such comniondablo excess
of patriotic zeal.

'■ AFr. U. then read as follows :

'• ' (Should war break out in any of those coim-
trics (the Piuropean), who can foretell tho ex-
tent to which it may be carried, or tho desola-
tion which may spread? Exempt as we are from
these causes fof European civil wars), our in-
ternal tranquillity is secure ; and distant as we
are from the troubled scene, and faithful to just
j)rinciplcs in rejfaid to other ])owers, we mifrht
reasonably presume that we should not Ikj mo-
lested by them. This, however, ought not to
be calculated on as certain. Unprovoked inju-
i-ies are often inilicted, and even tho peculiar
felicity of our situation might, with some, he a
cause of excitement and agjjression. Tho his-
tory of the late wars in Europe furnishes a com-
plete demcmstration that no system of conduct,
iiowever correct in principle, can protect neutral
powers from injury from any party ; that a de-
fenceless position and distinguished love of peace
are the surest invitations to war; and that there
is no way to avoid it, other than by boinp; al-
ways jirepared, and willing, for just cause, to
meet it. If there bo a people on earth, whose
more especial duty it is to bo at all times pre-
p.ired to defend the rights with which they are
blessed, and to surpass all others in sustaining
the necessary burdens, and in submitting to eac-
rilices to make such preparations, it is undoubt-
edly the people of these States.'

'• Mr. B. having read thus far, stopped to make
n remark, and but a remark, upon a single sen-
timent in it. lie would not weaken the force
and energy of the whole passage by going over
it in detail ; but he invoked attention upon the
last sentiment — our peculiar duty, so strongly
painted, to sustain burdens, and submit to sac-
ritices, to accomplish the noble object of putting
our country into an attitude of defence ! , The
ease with which we can prepare for the same de-
fence now, by tho facile operation of applying to
that purpose surpluses of revenue and bank
stock, for which we have no other use, was the
point on which he would invoke and arrest the
Senate's attention.

" Mr. B. resumed his reading, and read the
next paragraph, which enumerated all the causes
which might lead to general war in Europe, and
kur involvement in it, and concludeJ with the

declaration 'That the reasons for ))n«liir)^f.
wanl all our measures of defence, with ||', ,
most vigor, apiK-ar to me ti» actpiire new f,,r,,
And then ndileil, these causes for Kurnu.,^,, ^ ,
are now in as great force ns then; tlnil,,,,,,
of our involvement is more amMirent iviw \'' '.
then; the reason.'' for sensibility to our ii;i(j,|i
honor are nearer now than then; aii<l imh,!) ,
the principles of the pa-<sa<rf from which \^,,^^.
reading, the reasons fir pushing forwnnj ull,„l
measures of (Ufeiice with the utmost viu-or, r,,!
sessed far more force in this present ytari)</
than thev did in the year IH'2'2.

"Mr. ll. continued to rciid :

"'The United States owo to the wcrll ,
great example, ami by means thereof, to th.
cause of liberty and humanity a genenms Mir,
|)ort. They have so far .' .icceeded to the jat,'
faction of the virtuous and enlighteneil ofovm
cotmtry. There is no rea.son to doubt that tin r
whole movement will lie ivgulated by u^cm
regard to principle, all our institutions ixin;
fcmnded on that basis. The aliility to sm„^
our own cause, imder any trial to which it niK
bo exposed, is tho great point on which \k
jmblic solicitude rests. 1 1 bus often been cW-i^i
against free governments, that Uiey Imve ni.;.
ther the foresight nor the virtue to proviilni
1 he proper season for great emergencies • tli.t
their course is improvident and expensive ; itui
war will always find them uni)repart(l; ani
whatever may be its calamities, that its tirriijli
warnings will be disregarded and forgotten u
soon as peace returns. I have full contidcnw
that this charge, so far as it relates to the Unitui
States, will be shown to be utterly destitutt of
truth.'

" Mr. B., as he closed the book, said, lie vmli
make a few remarks upon some of the points in
this passage, which he had last read— the re-
proach so often charged upon free govcrnmcDti
for want of foresight and virtue, their improi-
dencc and exjiensiveness, their proncne>s lo
disregard and forget in pe.icc the warning Itsjonj
of the most terrible calamities of war. A\v\k
would take tho liberty to suggest that, of ill I
the mortal beings now alive upon this cartk, I
the author of the report under di8cu.ssion oiipkil
to be the last to disregard and to forpet m
solemn and impressive admonition wliich iiit|
passage conveyed ! the last to so act as to (iiti-l
ject his government to the rao'^ifying chat^l
which has been so often cast upon them!i!i(|
last to subject tho virtue of the people tc t!»|
humiliating trial of deciding between the de-j
fence and the plunder of their country !

"Mr. B. dwelt a moment on another point in I
the passage wliich he had read — the great a[
ample which this republic owed to the worldl
and to the cause of free goverpments, to iml
itself capable of supporting its cause unil«|
every trial; and that by proviiling in peaafitT
the dangers of war. It was a striking point ill
the passage, and presented o grand and \M»u
phic conception to the reflecting mind, 11«|

ASNO I8S.V ANMIF.W JACKSON, rRF>n>KM.

res of tU'tVnoo. with tU m
() ino to nc'iuirt- mw f.,rr,
Hi' cuust'S for Kiiro|H'aii «v
t fold' 08 Uii'ii : the iliin.if
in inori- n|>imr»'iit iv.w tin-
.»r wiisibility toimrii;vti..ni
w tlmii tlii'ii ; iiii'l uiH'ii ,,;:
I |m-<sii'jrf from whiili hi' mj,
I for jnishint: forwunl ull ui]-
! witli the ^ltlllo^t viL'nr, |o.
ce ill this iiroccnt yiar l,v;,
u year IH'l'l.
i(\ to rc'inl ;

^tlltt'9 OWv! to the Wnrli i

(1 by iiu-ans thereof, to fy.
,(l hiininnity a peuenms «ti[,
BO fur Kiicceiule"! to ilicsati.-
louH anil enliftlitened of cwn
no reason to iloul)t tlii.t llm
will Iw ix"j;ulale<l hy u sam i
le, all our instittitions ini,,;
asis. The ability to Bupi-iri
ider any trial to which it imv
10 great jioint on wliicli tlit ,
ests. It has often been char;(^l ]
rnmcnts, that tliey have nci- ,
; nor tl>e virtue to pri)vi(ltii
I ioT great enicrjrcncies ; tlul I
iprovident and exiwnsive ; iki

find them uniirepartd; and
! its calamities, that its tirri'ik ,

disregarded and forpotlin u
turns. I have full contidcnw
so far as it relates to tlie Initial
lown to be utterly destituit ol

I closed the book, said, he would
irks upon some of the points in
ich he had last read— tlie k-
charged upon free govemmcni!
sight and virtue, their impwi-
•nsiveness, their pronent>s to
r<'et in peace the warning ksson*
•fblc calamities of war. Aivlk
liberty to suggest that, of ill
gs now alive upon tins cattk
le report under discussion oufht
to disregard and to forsret h
prcssive admonition which the
'd ! the last to so act as to sub-
nment to the rao-tifymg cliar|(
I 80 often cast upon tliem'.iji
the virtue of the people to i^
il of deciding between tlie de-
dunderof their country !
■It a moment on another point a
lich be had rcad-tbe peat e^
liis republic owed to the m\i
30 of (roe goverpmeiits, to piwt

of supporting its cause untel
id that by providing in peawW

war. It was a striking poiiitii
vl presented a grand and i.h«
ou to the refiecUnti uiind. lt«

iiDiitt' •"' ''" *•*'•'*" *° *''" world, and the
i*|v of till* republic to exhibit it, wax an ele- ;
"ti'l and |>!itriolic coiieeptioii, and worthy of
V'piiiin wlticli then presided over tlie War |
Ii"i*rtmiiit. Ihit what is the example wliieh
l-iTv i""^^' required to exhibit ? It is that of j

Liiil' preferrinfj tiio *.\)o\\n of their country i
' ''(^ (lytoiice ! It is that of tlie electioneerer,

•oiiiL' fri"'> i'''y ^" *^''y' '^'''"" ''""■«' ^^ house,

'"fill ti) the uninformed tenant of the distant

LmUt, ivlio has no means of detecting the fal-

'..|i.j which are brought fn)m afar to deceive

ii, iiiidirstuiiding: it is the example of this

rttionecrer, with slate and pencil in his hand

(iiivl liL're ^ir. B. took up an old book cover,

• iJ a pencil, and stooped over it to make figures,

,j ,f working out a little sum in arithmetic),

it is the example of this electioneerer, ottering

Ifjr (liiitribiition that money which should be

Urtd to the defence of his country ; and point-

l „ mit for overthrow, at the next election,

Lvtry canfliilate for office who should bo found

in opposition to this wretched and deceptive

Lin,,i,e of distribution. This is the example

Uliich it is proposed that wo should now exlii-

Lt And little did it enter into his (Mr. B.'s)

iiuairination, about the time that message was

written tiiat it should fall to his lot to plead

ti: tiic 'defence of his country against the au-

llior of this rei)0rt. He admired the grandeur

if conaption which tho reports of the war

HUce tlieii displayed. He said he difiered from

khu party witli whom he then acted, in giving a

tiieial though not a universal, support to the

itcvctiry of War. He looked to him a« one

rho when mellowed by ago and chastened by

Ixiit'ricnCv', might be among tho most admired

Pnsidints'that ever filled the presidential chair.

PIr. B., by a hipsus Ungate, said throno, but

jrrected the expression on its echo from tho

ilk'ries.] ....

• Mr. B. said there was an ex.implo which it
fas worthy to imitate : that of France ; her
bast defended by forts and batteries, behind
[hich tlie rich city reposed in safety — the tran-
lil peasant cultivated his vino in security-
bile the prou(l navy of England sailed in-
pxiou3 before them, a spectacle of amusement,
jt an object of terror. And there was an ex-
iplc to bo avoided: the case of our own
Bcrica during the late war; when tho approach
a British squadron, upon any point of our
[tended coast, was the signal for flight, for
rror, for consternation ; when the hearts of

brave and the almost naked hands of heroes
(re the sole reliance for defence; and where
»* hearts and those hands could not come,

Bacred soil of our country was invaded;

ruffian soldier and the rude sailor became

insolent masters of our citizens' houses;
fir footsteps marked by the desolation of
ids the conflagration of cities, the flight of

viruiiH, tho violiilion <•( iiiiitronii! the IiIimmI nf
fulhi rs, liiiN*HitiilM, sohm! IIik \h tin- i-.\aiiiplo
whirh we kImiuIiI nvoid !

" Itiit the aiiiciiiltiii'nt H to be t>'tM|)<ir:try : it
is only to III.'* t until l^l:I. What nu Klcii! — it
teinpiirary ultenHioii in u coiiftitntioii iimde I >r
endless iip's ! Kill let ii" oik. tliiiik it will U>
tem|M)rnry, if onie ii'lMptcl. NH! if ilio |>eii|,le
once come to taste tlmt IiIcmmI ; if thry niii'c
bring tlieinselves to tiie rtrci|itnii(i' of niotiev
from the tixiisury Ihiy arc none furevir. tin y
ivill take that money in all time to iinuf ; nnd
he that proniisi'S m'>st, reciivcs iiioi.i voto.
The corni|ition of the Uoinans. ihe di Imiieliment
of the voters, the veimlity of elections, ((.m.
menced with the Tribiinitiul ilir<tribiitioii of coi n
out of the public granaries ; it udviinced to tin;
distribution of tlio spoils of forei^'ti nation.^,
brought home to Koine by victorious ^eiieruU
and divided out among the peo|ile ; it ended in
bringing the spoils of the country into the ciiii-
vass for the coiisu!shi)i, and in putting u|) the
diadem of empire itself to lie knocked down to
tho hammer of the auctioneer. In our Aniei ica
there can bo no spoils of coni|iiered nations to
distribute. Her own treiisiirv — her own lands
— can alone fu^ni.^h tho fuml. Kegin at once,
no matter how, or iiiton what — surplus revt niu',
the proceeds of the lands, or the IiiihN tliein-
selves — no matter J the progress und the issno
of tho whole game is as inevitable as it is obvi-
ous. Candidates bid, the voters listen ; and a
plundered and pilliigedeoutitry— the empty skin
of an immolated victim — is the prize and iJio
spoil cf the last und the higliest bidder."

The proposition to amend the constitution to
admit of this distribution was never brought to
a vote. In fact it was never mentioned again
after the day of the above discussion. 1 1 .seeme<l
to have support from no source but that of its
origin ; and very soon events came to scatter tho
basis on which tho whole stress and conclusion
of tho report lay. Instead of a surplus of nine
millions to cover tho period of two presidential
elections, there was a deficit in tho treasury in
the period of tho first one ; and the government
reduced to the humiliating resorts to obtain
money to keep itself in motion— mendiaint ex-
peditions to Europe to borrow money, returning
without it — and paper money struck under the
name of treasury notes. But this attempt to
amend the constitution to permit a distribution,
becomes a material point in the history of the
working of our government, seeing that a dis-
tribution afterwards took place without thf
amendment to permit it.

:^ tl

5fi8

THIHTY Y|•AIL'^ VIKW,

CIIAI'TKR CXXIX. I

COMMKNtKMKNT <IK T\VKNTVKi>ri;TII t<tX(j|tKHS
-|•U^:«II)ENT» Sll..isA»iK. |

Tiiu fulIoMin;^ woH tlu- lint of tlio mtiiilxTi* : I
H K N A T (J It H : I

Mainf.— Ether Slieplcy, John UufrpU-x.

Nkw llAMrsMiKK — Ismicllill, llvnrv lliil)hnnl.

MASNAciiusKit -— Danic'l WehsU'r,.)t>hnI>ftvi«.

HiioDK Island — Nuhimiuh K. Knight, ANhvr
HohhinH.

CoN.NKCTicuT — GidcoH TonilinHon, Xatlmn
Smith.

Vekmont — .Siimncl I'rcntins, Benjamin Swift.

Xkw-Yokk — Nathaniel P. Tallinadgo, {Silas
Wriffht, jiin.

Nkw Jkusev — Samuel L. Soiilhunl, Garret
D. Wall.

Penn'mylvania — James Buchanan, Samuel
McKcan.

Dklawahe— John M. Clayton, Arnold Nau-
dnin.

Marvland — Robert II. Ooldsborough, Jos.
Kent.

VinoiNtA — Benjamin Watkins Leigh, John
Tyler.

NoRTir Carolina — Bedford Brown, Willie
P. Miinj^iini.

South Carolina — J. C. Calhoun, "William
C. I're.ston.

Georgia — Alfred Cuthbert, John P. Kinp.

Kentucky — Henry Clay, John J. Crittenden.

Tennessee — Felix Orundy, Hugh L. Winfu.

Ohio — Thomas Ewinp;, Thomas Morris.

Louisiana — Alexander Porter, Rob< 1 1 C. Ni-
cholas.

Ism ANA — Wra. Hendricks, John Tipton.

MissLssippi — John Black, lloljcrt J. Walker.

Illinois — Elias K. Kane, John M. Robinson.

Alabama — VVm. R. King, Gabriel P. Moore.

Missouri — Lewis F. Linn, Thomas H. Benton.

BEPKE8ENTATIVE3:

Maine — Jeremiah Bailey, George Evans, .John
Fairfield, Joseph Hall, liConard Jarvis, Moses
Mason, Gorhara Parks, Francis 0. J. Smith — 8.

New Hampshire — Benning M. Bean, Robrrt
Bums, Samuel Cushman, Franklin Pierce, Jo.^.
>Veeks— 5.

Massachusetts — «Tohn Quincy Adams, Na-
fhaniel B. Borden, George N. Briggs, AVllIiam
B. Calhoun, Caleb Gushing, George Grennell,
jr., Samuel lioar, William Jackson, Abbot Law-
rence, Levi '.•ncoln Stephen C. Phillips, John
Reed— 12.

Rhode If,T ,iN.< — Dut*^ J. Pearo*. W. Sprague

C(>NNF,rVi j/T — I'iiihiia Haley, S'TTiuel Ingham,
Andrew T. tTiidsoo, Lancelot Phe.ni;, Isaac Tou-
cey, Zalmo!. Wildh.aa — 0.

Vr«MOMT— Heman Allen, RflrM* |;t,f.,,
Ililnnd llnll, Henrv P. Janvi, Willmrn <.

N»;w-Yi>ni{— Simiiicl Barton, Snnil.!J,ip,|.i.,
Abraham H'Nker Mntthiiw* J. ItoMr .J,,),,, \f
Mrown, C <'. Cunilirt'leng, (irnhnni n, (i^
Timothy I'hilds, John Cramer. I jysm ., y [),.
bledny, Valentine Eftur, Dudley Knrliti.l'i >
C. Fuller, William K. Fuller, Han*" im ;; i,, ,
FrnnrJM («rant:er, <Jideon Hard, Abiu; ij,^ I
line, llirani P. Hunt, AU'I nunlin;:t<>ii. < l!
V. liOnsing, George W. Ijiy, Gideon l.ci. ,|,,.;
Lee, Stephen H. L'onard, 'Ihotna-^ ('. |,'n,, ( '
jah Mann, jr., William Mason, John .Mi|;, ;,
Ely Moore, Sherman Page, Joci'|,|i l!i v;i i'
David Russell, William Seymour, Ni<||.j|;i'.>,>
k'H, William Taylor, Joel Turrill, Anniti Vi,;, ,'r'
poel, Aaron Ward, Daniel Wardwell — (n.

New Jersey— Philemon Dickermm, ,Snii,i
Fowler, Thomas I/ce, James Parker, I'ttiliii.-i
S. Schcnck, William N. Shinn — (1.

Pennsylvania. — Joseph B. Anilionv, ]].
chael W. Ash, John Banks, Andrew Uvvi V
Andrew Buchanan, George Chamlxr^, \V;ili n
P. Clark, Edward Darlington, llnniiiii li,,,,,,
Jacob Fry, jr., John Galbraith, Jun,^ ]hm,-\
Samuels. Harrison, Joseph Henderson, \Villij[,
Hiester, Edward B. Ilubley, Jost'ili It. inpi ij
John Klingensmith, ir., John LniKirtc, ||,in'l
Logan, Job Mann, 'Ihomas M. T. MckinrnJ,!
Jesse Miller, Matthias Morris, Henry .A.)!,; f
lenberg, Huvid Potts, jr., Joel B. .Sutlar:
David D. Wagencr.— 28.

Delaware. — John J. Milligan.— 1.

Maryland. — Benjamin C. Ilow.ud, t),ir>l|
Jenifer, Isaac McKim, James A. Pearcc, .JolinN.f
Steele, Francis Thomas, James Turner, tii-on I
C.Washington.— 8. ' '

Virginia. — James JL H. Bcale, James V, I
Bouldin, Nathaniel H. Claiborne, Wnlur fv;
Robert Craig, George C. Dromgoolc, .Jjniii
Garland, G. W. Hopkins, Joseph Jolins(in..M]l
W. Jones, George Loyal 1, Edward Luc!is,J ial
Y. Mason, William McComas, Charles F, .Mtrl
cer, William S. Morgan, John M. Patton.Johl
Roane, John Robertson, John Taliaferro, llunl
A. Wise.— 2L I

North Carolina — Je.sso A. Bynum. IleOTl
W. Connor, Edmund Debcrry, James (iralisii|
Micajah T. Hawkins, James J. McKay.Willial
Montgomery, Ebenz r Pcttigrew, Abrahul
Rencher, William J. Slf imn'. Aupustiiie III
Shepperd, Jesse Spr.i-hl, I.( n is Williams.-' ■

South Carol .^h. — '.^f.j'.. ji. CanipW
William J. Grays'. n, John K. Griffin, J«it»|
H. Hammond, Richard J. Manning, Francis V,[
Pickens, Henry L. Pinckney, James l!ogen,|
Waddy Thompson, jr. — 9.

Georgia. — Jesse F. Clevehnd, John Cl«|
Thomas Glasscock, SeatonGrant1and,CliarleEl|
Hay nes, Hopkins Holsey, Jabez Jackson, Gmi^I
W. Owens, George W. B. Towns.— 9.

Alabama. — Reuben Chapman, Joab 1«J
ler, Dixon H. Lewis, Francis S. Lyon, Joiii«|
L. Martin. — 5.

ANNO linft, ANIiRKW JaCKSOK. PRRSinKM.

5«;'j

[iii\n All<'n, Il>'nn« lltif-f.
in F. .Imk'ii, Williain » ,;

iMiiiol Hnrt'in.Snnil.Il,f,r>|.i,,
Mnltliiivi .1. Itii\<i' Jilin w

iiliri'Kitjt, (irnhnm n, (1^;,

lolm C'r;inni'. IIvmc s l\ D,,,
Kfni-f, Diulli-y Kiirliti, I'l i'

I) K. FiiIUt, Huii^nm :; i,, (^ ,
IJidcon llnrtl. Ahin'.- 'U* .

lint, AIk>I lliitilin^'inii, (,.»,

^C W. IMV, (li<U'011 1,CI', .In.l ,

A'onanOr homos ('. | .,\r \
niliam MuMon, •luljii Md;,,,
man I'nue, Johc],!! r,i\;i 1,1
illinm Sovukmip, Nidiolu". ^,,.
or, Joel 1 iirrill, Aamn Vinof.
(1, Daniel Wordwill — In,
-i'liilomon DickerKon, San n!
Ix?c, JumcH Parker, rinlii:,,! I
iam N. Shinn — <>.
k. — JoBcph U. Antliony. \\..\
i>hn Uankn, Andrew itci 1 :•
an, OeorKO (Jhnmljers, \\ ;ili n
il DarlinKton, lliunmr Ddim,
fohn Galbrailh, Juiu' Hm],.
ion, Joseph IlendiiNdn. Willijinl
H. Ilubley, JoBtpli K. Inpi.ii,
lith, jr., John Lii|iorto, ll]r<\
nn, 'lliomaa JI. T. Mclunma.
utthias Morris, Henry A, .\|;;!i
I'otta, jr., Joel B. Sutiurli.,'
»cr.— 28.

-John J. Millignn.— 1.
-Benjamin C. Ilowanl. \),wA
cKim, James A. I'earcc, John N, I
Thomas, James Tumor, (jwrjel
-8.

amca ttl. IT. Bcalc, Jamos TV, ]
niel II. Claiborne, Waller Tilrt
(ieorgo C. Dromn;()olC| JamH
Hopkins, Joseph Jolinsdn.Jib
■ge Loyal 1, Edward Lucas, J ih]
iam McComas, Charles F. )In-
Morgan, John M. Patton.Jokil
jbertson, John Taliaferro, llin.7

)LiNA. — Jesso A. Bymim, Ilem
Imund Deberry, James (Irahan
vkins, James J. McKay, Willia'
Eben' i r T>ottigrew, Abraliu
,am IS. Sli nan', Aupustine 1L|
,e Snci^ht. !.< t '►* Williams.-'.'
,01, ' '. ■--'■' >." ii. Campbeu
ray 6' a, Juhn K. Griffin, JjksI
Richard J. Manning, Francis ff.
•y L. Pinckney, James l!ogeii||
pson,jr. — 9.

Jesse F. Cleveland, John CIm
!Ock, Seaton Grantland, CliarlesE
ins Holsey, Jabez Jackson, Gwiji
>orgo W. B. Towns.— 9.
-Reuben Chapman, Joab li«-
Lewis, Francis S. Lyon, Joili«

j(;Mi!nipri.— I>n*'«l I'i'koon, J. F. H. Cjai-

Vii«r «!«».— Hire Oariand, Henry Julinnon,
U,.r W. Itil«l';.v— •'•

ri^"!!'"^!'.

,— J' Hell, .*<rtmuel llMnph.Wil-
U. Cnr'iT, \' inn ('. Dunlnp, Jolm M.
^^.fulcr. .\'l«m lliintr<m»n, Cave Jiihnnon, l.iikc
,„ A''!»"' ''• '^'"'"■y- ""'•'• •'••vf'>n, Jame« K.
Ik '■'• •'• ^liif'"'"'- Ja'ni'* Standefer. — I'A,
[);i,Ti(»v.--Chilt<in Allan, Lynn Boyd,
L|j,('(ilii(iim, J"hn ChnmlHTH, Uleliard French,
L J. Crovft, Benjamin Hardin, Jamen Har-
AllxTt <i. Hawes, lliehard M. Johnson.
[,*ph it. I'tiderwood, John White, .Slierroii
Jilliain''.— I''-
[jln.iiiKi.— \Vm. IL Ashlev, Allx-rt (}. Har-

wn.-i

Illinois.—?"'''' <««>', "William L. May,
k|,n K.vr'''ls. ■'

iJvDVN.. • llat'nt" Bi 'I , John Carr, John

', I);;vi.<, IMwa'd \. Ham v'pin, <!eorpo L. Kin-

AmoH ...u. 1 natliai, McCarty. — 7.

, - Williaiii K. Bo.id, John Chaney,

a Corwin, Joseph H. w'rane, Thf)maH L.

dier, Fliaa Howell, Bonjamin June? William

mion, Daniel I'ilf;oro, Sampson Masoii, Jerc-

[Ih .Mcix'iie, William Patterson, Jonathan

line, David ."'pangler, Bellamy Storer, John

jcmp'on, Samuel F. Vinton, Taylor Webster

Ishi Whittlesey.— 19.

DELEQATta.

JIrk.\nm'< Territory. — Ambrose H. Sevier.
Florida Tkrritorv. — Joseph JL White.
lliciiiGAN Territory. — George W. Jones.

Br, James K. Polk of Tennessee, was elected
kkiT of the House, and by a largo majority
r the late speaker, Mr. John Bell of the same
Ic. The vote stood one hundred and thirty-

to eighty-four, and was considered a test
k ailministration strength, Mr. Polk being
orted by that party, and Mr. Bell having
■me identified with those who, in siding with
1 Hugh L. White as a candidate for the pre-
Bcy, were considered as having divided from
[democratic party. Among the eminent

! missed from the list of the House of Rep-
ttatives, w^ ■•: Mr. Wayne of Georgia, ap-
rjyuied to the bench of the Supreme Court of
L'nited States ; and Mr. Edward Everett of

ichusetts, who declined a re-«lection.
lie state of our relations with France, in the
Bnued non-payment of the stipulat««4l indem-
jwas the prominent feature in the Prcsi-
p message; and the subject itself be<-oming

scnous in the apparent indtsposition in

m to sustain his views, manifested in the
[of the fortification bilL through the dis-

I agreement of the two Wmnen, The obligation
to |.(»v wa:, adinitled. nn.| the ncney mn voted
j fur lluti (urjMwt'; l.ut oir.mv wum tiktn at iho
j Pn'-iilent'.H liw-...;;,.. nnil |.;iyiiiiiit u(u*r,\ „n(i|
j an fif«l(.p-v i^hf.uld be ina-J*-. Thv 1'r.Mil.nt had
alieaily sli.. n, on itg |(tm JKUiiuitinn, that H'»
olflnee wa« iiiten* '» iK.r any ,H,sn .|*.. t juMJy
• lediiii '• from till lanvrUHV that be hivt H.xcd {
anil he was now fK-n-mptory in nf Mn;-' «" make
the required ni"-' -rj- ; and had iii-tnuud tti»
United Sttttex' ,-h,i,i,'e itiifliiins (o .limand the
money ; an<l, if not paid, to I. avr Ir.uKV Imme-
diately. The ininLxteiH of boili coimnies Imd
previously withdrawn, and (he last link in tlio
ehiiin of diplomatic coiiiiiitiniculi'ni was upon
the point of being broken. The (lu.-iion h.n „j,
narrowed down to this ("innll jMiiut, the Pn-ni-
dent deemed it proper to give a ntniKpertive
view of it, to justify his deli nniiml ion. neither
to aiwlogize nor to negoliule furl her, I le said :

"On entering uiM>n the dutie.s of mv stall -n,
I founil the United States an iinsiicnssfiil ii|ir*li-
cant to the justice of France, for the ,Miti>.fiicti(' »
of claims, the validity of which was never ((u, .-
tionable, and has now Wen most Koleninly h,(.
milted by Franco herself. The iiiiti(|iiity of
these claims, their high justiee, ami the aggra-
vating circumstances out of which tliey al-ose
are too familiar to the American penjile to ro'.
(|uire description. It is suflicient to (s;iy. that,
for a period of ten years and upwards, our eom-
merce wa=, with but little interruiition, the sub-
ject of constant aggressions, on the part of
France— aggression.s, the ordinary feiitui-es of
which were condemnations of ves.sels and car-
goes, under arbitrary decrees, adopted in con-
travention, as well of the laws of nations as of
treaty stipulations, burnings on the high seas,
and seizures and confiscations, under Kjiecial im-
perial rescripts, in the ports of other nations
occupied by the armies, or under the control of
France. Such, it is now conceded, is the cha-
racter of the wrongs wo suircred ; wrong.s, in
many cases, so flagrant that even their authors
never denied our right to reparation. Of the
extent of these injuries, some conivption m.iy
bo formed from the fact that, after the burning
of a largo amount at sea, and the necessary de-
terioration in other cases, by long detention, the
American property so seized and sacrificed at
forced sales, excluding what was adjudged to
privateers, before or without coiuiemnation,
brought into the French treasury uj)wards of
twenty-four millions of francs, besides large cus-
tom-house duties.

" The subject had already been an affair of
twenty years' uninternipted negotiation, except
for a short time, when France w:>s overwhelmed
by the military power of united Europe. During

•■■

570

THIRTY YEAUS' VIEW,

this period, whilst other nations w> re extorting
IVuni hc'i- ])iiynient of their claims ut tho point
of the hiiyonut, the United States intermitted
thi'ir (k'lnuiid for justice, out of respect to the
oppressed condition of a gallant people, to whom
they fult under obligations for fraternal assist-
ance in tht'ir own days of snft'ering and of peril.
'J'hc bad ellects of these protracted and unavail-
ing discussions, as well upon our relations with
I" ranee as ujion our national character, were ob-
vious ; and tlic line of duty was, to my mind,
etiually so. This was, either to insist U|)on tho
adjustment of our claims, within a reasonable
j)eriod, or to abandon them altogether. I could
not doubt that, by this course, the interest and
honor of bolh countries would be best con-
sulted. Instructions were, therefore, given in
this sjiirit to the minister, who was sent out
once more to demand reparation. L'pon the
meeting of Congress, in December, 1820, I felt
it my duty to speak of these claims, and the
delays of France, in terms calculated to call the
serious attention of both countries to the sub-
ject. The then French Ministry took exception
to the message, on the ground of its containing
a menace, under which it was not agreeable to
the French government to negotiate. The Ame-
rican minister, of his own accord, refuted the
construction which was attempted to be put
upon the messiige, and, at tho same time, called
to the recollection of the French ministry, that
the President's message was a communicatio:
addressed, not to foreign governments, but to
the Congress of the United States, in which it
was enjoined upon him, by the constitution, to
lay belure that body information of the state of
the Union, comprehending its foreign as well as
its domestic relations ; and that if, in the dis-
charge of this duty, he felt it incumbent upon
him to summon the attention of Congress in due
time to what might be the possible consequences
of existing difficulties with any foreign govern-
ment, he migiit fairly be supposed to do so, un-
der a sense of what was due from him in a frank
communication \\ ith another branch of his own
g(nernn\ent and not from any intention of hold-
ing a nienaee over a foreign power. The views
talccn by him received my approbation, tho
French goveriuncnt was satisfied, and the nego-
tiation was continued. It terminated in the
treaty of July 4, 1831, recognizing tho justice
of our claims, in part, and promising payment
to the amount of twenty-five millions of francs,
in six annual instalments.

"Tho ratifications of this treaty were ex-
changed at AV'ashington, on the 2d of February,
18M2 ; and, in live days thereafter, it was laid
before Congress, who immediately passed the
acts necessary, on our part, to secure to France
the commercial advantages conceded to her in
the compact. Tho treaty had previously been
Bolemnly ratified by the King of the French, in
terms which are certainly not mere matters
of form, and of which the translation is as fol-
.ows : ' We, approving the above convention, in

all and each of the depositions which ore >
taincd in it, do declare by ourselves, as wtju
by our heirs and successors, that it in acot
approved, ratified, and confirmed ; and In- ti,,
presents, signed by our hand, we do atTtpt jrj
prove, ratify, and confirm it; promisini;,,;,, ,Q
faith and wonl of a king, to obscr^■c it. ani J
cause it to bo observed inviolably, withuiit irJ
contravening it, or sulfering it to be contninr J
directly or indirectly, for any cause, or uiidituJ
pretence whatsoever.'

" Official information of the exchanfrc of ntjj
fications in the United States reached Ptn
whilst the Chambers were in session. llie,j|
traordinary, and, to us, injurious delays ofiy
French government, in their action upon il>
subject of its fulfilment, have been herctofon
stated to Congress, and 'I have no disposition a
enlarge upon them here. It is sulBcicnt to (
servo that the then pending session was s
to expire, without even an efiort to obtain li
necessary appropriations — that the two suca.,
ing ones were also suffered to pass av.av »iii
out any thing like a serious attempt to oljtjiji
decision upon tho subject ; and tliat it was i
until the fourth session — almost tlinu venj
after the conclusion of the treaty, ami '^
than two j^ears after the exchange of ntife
tions — that tho bill for the execution util
treaty was pressed to a vote, and rejcctwL
the mean time, the government of tlie ['t^
States, having full confidence that a trcaija
tered into and so solemnly ratified by ij
French king, would be executed in powlfiiil
and not doubting that provision would be i
for the payment of the first instalment, itlj
was to become due on the second day uf Febn
ary, 1833, negotiated a draft for the »m
through the Bank of the United States, ffbj
this draft was presented by the holder, vitkli
credentials required by the treaty to authoii
him to receive the money, the govcriinieDiJ
France allow^ed it to be protested. In aiiii
to tho injury in the non-payment of the
by France, conformably to her cnfraf-'cmcntill
United States were exposed to a heavvdaiiii^
the part of the bank, under pretence ofdam
in satisfaction of which, that institution ;
upon, and still retains, an equal amount ofiJ
public moneys. Congress was in session n
the decision of tho Chambers reached Wjski
ton; and an immediate cotrimunication (
apparently final decision of France not to I
tho stipulations of the treaty, was the i
naturally to be expected from tho Prejid
Tho deep tone of dissatisfaction wliich pert
the public mind, and the correspondent eii
ment produced in Congress by only a fit
knowledge of tho result, rendered it raoreil
probable, that a resort to immediate mem
redress would be the consequence ot'calliDcJ
attention of that body to the subject. SiK
desirous of preserving the pocific rclatioKi
had so long existed between the two com
I was anxious to avoid this course if Iwiiii|

ANNO 1835. ANDREW JACKSON', PRl-SIDENT.

571

e depositions wliidi are i^
claro by ourselvfs, xs MttH ,
iucccBSors, that it is acccptd^
and confirmed ; and liy t^
ly our hand, we do aecipi, a^
confirm it ; proinisinc:, on if,
' a king, to obscne it. and tJ
ervcd inviolably, wiilKjut „2
p suiferinp it to l)c ci)ntranm,il
!tly, for any cause, or umltrul
ver.'

nation of the exchnnje of nti
United States reached Pm
bers were in session. IheeJ

to us, injurious delays of ti
ent, in their action upon t.
iltilment, have been horetotofl
ss, and'l have no dispositionK
im here. It is sulficiiint to o
len pending session was alb
ut even an eflbrt to obtain liJ
priations — that the two sucae*
Iso suffered to pass away »itil
ke a serious attempt to obtaaij
le subject ; and that it was i
,h session — almost tlirce ytiil
usion of the treaty, am] "idji
3 after the exchange of ntific
) bill for the execution of tl
3sed to a vote, and rejected I
I the government of the liiif
ruU confidence that a trcatjj
1 so solemnly ratified byiL
■ould be executed in pcodfd
ng that provision would be raf
nt of the first instalment, ivli
, due on the second day of Febu
'otiated a draft for the s.m
ank of the United States. \VI«
presented by the holder, viilitl
luired by the treaty to amhon
e the money, the ROvernmeDi j
d it to be protested. In dm
in the non-payment of tho i
nformably to her cngafreminiil

were exposed to a heavyc'aiiiJ
e bank, under pretence of daind
1 of which, that institution ^
1 retains, an equal amount o( J
s. Congress was in session »lij
)f the Chambers i-cachcd Vaslii'

immediate cotiiinunicationotll
nal decision of France not toF
ons of the treaty, was the w

be expected from the Iresid
le of dissatisfaction whicli pem
ind, and the correspondent esi
Bed in Congress by only a pM
,f the result, rendered it nioreil
it a resort to immediate nieasm
Id be the consequence of calliM
that body to the subject. Sio**
sreserving the pacific adatioBsi

existed between the twocoMffl
,U3 to avoid this course if IwbKI

lijlied that, by doing so. neither the interests
rthc honor of my country would be compro-
„ •. Without the fullest assurances upon that
iiiii. I wiiid not hope to acquit myself of the
■Jj^iliility to be incurred in sufi'ering Con-
.5 to adjourn without laying the subject be-
them. Tho.'se received by me were believed
hcot that character.

The fcXiK-ctations justly founded upon the
)nii!>es tlnis solemnly made to this govern-
■nt by that of France, were not realized. The
;nih Chambers met on the 31st of July, 1834,
In after the election, and although our minis-
in Paris urged the French ministry to press
subject before them, they declined doing so.
ne.\t insisted that the Chambers, if pro-
led without acting on the subject, should be
iiembled at a peri jd so early that their ae-
on the treaty might be known in Washing-
prior to the meeting of Congress. This
onable request was not only declined, but
Chambci-3 were prorogued on the 29th of
.niber; a day so late, that tbcMr decision,
nnr urgently pressed, could not, in all pro-
bity, be obtained in time to rcacn Wa.shing-
bcforc the necessary adjournment of Con-
is by the constitution. The reasons given by
ministry for refusing to convoke the Cham-
B,at an earlier period, were afterwards .tihown
to be iii.=ui)eniblc, by their actual convoca-
on the first of December, under a special
for domestic purposes, which fact, however,
jnot become known to this government until
the conunencement of the last session of

TCSS.

iTlius disappointed in our just expectationia,
anie my imjierative duty to consult with
cress in regard to the expediency of a resort
ktaliatory measures, in case the stipulations
lie treaty should not be speedily complied
1 and to recommend such as, in ray judg-
, the occasion called for. To this end, an
iserved communication of the case, in all its
jets, became indispensable. To have shrunk,
laking it, from saying all that was necessary
B correct understanding, and that the truth
li justify, for fear of giving offence to others,
' have been unworthy of us. To have
I on the other hand, a single step further,
jbe purpose of wounding the pride of a gov-
lent and people Tvith whom we had so many
kes of cultivating relations of amity and
wal advantage, would have been unwise
npropcr. Admonished by the past of the
[ilty of making even the simplest statement
r wrongs, without disturbing the sensibili-
f those who had, by their position, become
psihle for their redress, and earnestly de-
\ of preventing further obstacles from that
fc, I went out of my way to preclude a con-
lion of the message, by which the recom-
itiun tliat was made to Congress might be
Bed as a menace to France, in not only dis-
K fuch a (lesign, but in declaring that her i
land lier power were too well known to \

expect any thin? from her fear-s. The niossasru
did not reach i'aris until more than a ninntli
after the Chatnlicrs luid hocn in session ; ami
such was the iii.si-nsihility of tlio niinislrv to
our rightful claims and just e\]icct:itiniis,"tii;u
our minister had been infonni'd lli;it tlio mat
ter, when introduci-d, would not Ix' ppissid as a
cabinet measure.

'■Although the message was not nflicinllv
communicated to the Frencli ^'ovcinnicnt, ani/
notwithstanding the (le<-lniation to the contnirv
which it contained, the French niiiii'^try (ifcidcd
to con.sider the conditional ricouitiioniliition of
reprisals a menace and an insult, wliich the
honor of the nation made it incinubeiit on tliein
to resent. Tiie measures resorted to i)y tliem
to evince their sense of the surpnsed inilignity
were, the immediate recall of their minister jit
Washington, the offer of ijassjwrts to the Ameri-
can minister at Pari.s, and a public notice to tlie
legislative chamber.^ that all dii)Iomatic inter-
course with the United States had been sus-
pended.

" Having, in this manner, vindicated the dig-
nity of France, they next proceeded to illustrate
her justice. To this end a bill was immediately
introduced into the Chamber of Deputies, pro-
posing to make the appropriations nccessaiy to
carry into cfl'ect the treaty. As this bill sub-
sequently passed into a law, the provisions of
which now constitute the main subject of diili-
cu!ty between the two nations, it becomes my
duty, in order to jjlace the subject before you in
a clear light, to trace the history of its passage,
and to refer, with some particularity, to the jiro-
ceedings and discussions in regard to it. The
Minister of Finance, in his opening speech, al-
luded to the measures which had been adopted
to resent the supposod indiirnity, and recom-
mended the execution of the treaty as a measure
required by the honor and justice of France,
He, as the organ of the ministry, declared the
message, so long as it had not received the sanc-
tion of Congress, a mere expression of the per-
sonal opinion of the President, for which neither
the government nor people of the United States
were responsible ; and that an engagement had
been entered into, for the fultilmeut of which the
honor of J'ranco was pledged. Entertaining
these views, the single condition which the
French ministry proposed to annex to the pay-
ment of the money was, that it should not be
made until it was ascertained that the govern-
ment of the Uniied States had done nothing to
injure the interests of France; or, in other
words, that no steps had been authorized by
Congress of a hostile character towards France.

" What the disposition or action of Congress
might be, was then unknown to the Fivncli
Cabinet. But. on the 14th of Ja'uirtvy. the Se-
nate resolved that it was, at that time inexpedi-
ent to adopt any legislative measures in regard
to the state of affairs between the United States
and France, and no action on the subject had
occurred in the House of Representatives. Thesu

572

THIRTi' YEARS' VIEW.

fncts wrro known in Paris prior to the 28th of
March. \i<'-'>\ when tlio committee, to whom the
liill of indemnification had hcen referred, report-
ed it to the ChamfxT of Dejinties. That com-
mitf(!0 substantially re-echoed the sentiments
of the minirttry, cicclared that Conjjrcss had set
a«idc tlie projKisition of the President, and re-
commended the paBsape of the bill, without any
other restriction than that originally proposed.
Thus was it known to the French ministry and
chambers that if the position assumed by them,
and which had been so frequontlj' and solemnly
annotinccd as the only one compatible with the
honor of France, was maintained, and the bill
passed as oripinally proposed, the money would
1)0 paid, and there would be an end of this un-
fortunate controversy.

" But this cheering; prospect was soon destroy-
ed by an amendment introduocd into the bill
at the moment of its passage, providing that the
money should not be paid until the French go-
vernment had received satisfactory explanations
of the President's message of the 2d December,
1834 ; and, what is still more extraordinary, the
president of tiio council of ministers adopted
this amendment, and consented to its incorpora-
tion in the bill. In regard to a supposed insult
which had been formally resented by the recall
of their minister, and the offer of passports to
ours, they now, for the first time, propose<l to
ask cxjdanations. Sentiments and propositions,
which they had declared could not Justly be
imputed to the government or people of the
United States, are set up as obstacles to the
performance of an act of conceded justice to
that government and people. They had de-
clared that the honor of France reqiiired the
fulfilment of the engagement into which the
King had entered, unless Congress adopted the
recommendations of the message. They ascer-
tained thri Congress did not adopt them, and
yet that fulfilment is refused, unless they first
obtain from the President explanations of an
opinion characterized by themselves as personal
and inoperative."

Having thus traced the controversy down to
the jToint on which it hung — no payment with-
out an apology first made — the President took
up this condition as a new feature in the case —
presenting national degradation on one side, and
twenty-five millions of francs on the other — and
declared his determination to submit to no dis-
honor, and repulsed the apology as a stain upon
the national character ; and concluded this head
of his message with saying :

" In any event, however, the principle involved
in the new aspect which has been given to the
controversy is so vitally important to the inde-
pendent administration of the government, that
It can neither be surrendered nor coinpromitted
Irithout national degradation. I h <pc it is un

necessary for me to say that such % m-^t,
will not be made through any agency of p
T!)c honor of my country shall never l*. f,r!°
by an apology from me for the etatcmon''
truth and the performance of duty ; r.or ri 1
give any explanation of my official m> it/'
such as is due to integrity and jiistirc, ,in,|V
sistent with the principles on which our irr
ttitions have been framed. This (ietcTtniwi,j
will, I am confident, be approved liv rr,v J
stituents. I have indeed studied thcirchirwl
to but little purpose, if the sum of twcmv.
millions of francs will have the woiiflit ,/|
feather in the estimation of what apiwrtj ,,; i
their national independence : and if, unlian
a different impression should at any time <
tain, in any quarter, they will, I am "sun, nil
round the government of their choice wiihjL
rity and unanimitj', and silence for uyerthei
grading imputation."

The loss of the fortification bill at the i kt)
session, had been a serious interruption to a
system of defences, and an injury to tliecoKt
in that point of view, independently of itsijl
upon our relations with France. A fsjsteinT
general and permanent fortification of the en
and harbors had been adopted at the close]
the war of 1812; and throughout ourexteai
frontier were many works in difTcrent des
of completion, the stoppage of which intohj
loss and destruction, as well as delay, ij i
indispensable work. Looking at tlie loss cfil
bill in tliis point of view, the President said;

"Much loss and inconvenience hayeljeenJ
perienced, in consequence of the failure of j
bill containing the- ordinary appropriatioul
fortifications which passed one branch of j
national legislature at the last ses,sion. liitJ
lost in the other. This failure was the i
regretted, not only because it necessarily ii
rupted and delayed the progress of a mm\
national defence, projected immediately atel
last war, and since steadily pursued, lut i
because it contained a contingent appropriilij
inserted in accordance with the yiewsofj
Executive, in aid of this important objcrt,!
other branches of the national defence, .J
portions of which might have been most nuM
applied during the past season. I invite n
early attention to that part of the report cf I
Secretary of War which relates to this cif
and recommend an appropriation suffioiaj
liberal to accelerate the armament of thefi
fications agreeably to the proposition stilmlj
by him, and to place our whole Atlantic f
board in a complete state of defence, .ij
regard to the permanent interests of the coa
evidently requires this measure. But ttifij
also other reasons which at the present ji
ture give it peculiar force, and make it |

AXXO 18R3. AXDllF.W JACKSON, Pnii^inKNT.

ic to Bay that puch ^ sjrr^
.(le thronph r.ny n?cncv of i__
y country shall never U;»tx
from me for the Ptatrmimti
wrformance of tluty ; ror r^
ation of my ofRcial acts. . t
,o integrity and jiistirc. an.]
e principles on whirh our ir..^
•en framed. This dctcnnreoi
fident, be approved hy rr,y J
ive indeed studied tkirchirwJ
irpose, if the sum of twcntvM
[incs will have the wcii'ltf^l
jstimation of what ayipcrtan; )
independence : and if, unlari^
)reBsion should at any tiine .,
larter, they will, I am sun.nij
>rnment of their choice wiih»l»
mity, and silence for tverthtii
ation."

he fortification hill at tlie \m
ccn a serious intcrruiitiontoo
'noes, and an injury to thecoKM
jf view, independently of it-eia
,tions with France. A system j
ermanent fortification of the cu
had been adopted at the c!«j
12 ; and throughout our exteai
many works in different dej
1, the stoppage of which imolJ
truction, as well as delay, in t
I work. Looking at the loss of 1
)int of view, the President said:

is and inconvenience haveliteiii

consequence of the failure of j
ng the -ordinary appropriatioti

which passed one brunch oH
slature at the last session, kt J
ather. This failure was the mi
)t only because it necessarily iill
lelaycd the progress of a fysteul
'nee, projected immediately afterl
d Bince steadily pursued, lut i^
)ntained a contingent approprd

accordance with the views ofj
n aid of this important objccU
!hcs of the national defence, aj
vhich might have been most u-«fr
ine the past season. I inyitej
ion to that part of the report cl
f War which relates to this satf
mend an appropriation suffiM
xelerate the armament of thet
reeably to the proposition subaj
i to place our whole Atlarra:

complete state of defence. .U
le permanent iuterestsofthcwd
equii-es this measure. ButM

reasons which at the present j
it peculiar force, and niakc«|

L,f to call the subject to your gperinl con-

it'ntion."

The plan f'"" *''*' removal of the Indian.s to the
kMi of the Mississippi Ijcing now in succes.sful
-vTt-ss and having well nigh reached its con-
Timition. the President took the occasion,
Jbilf communicating that gratifying fact, to
jike an authentic exposition of the humane
Ljfv which had governed the United States in
I, 'tin? this policy. He showed that it was
til more for the benefit of the Indians than
At of the white population who were relieved
f their presence— that besides being fully paid
all the lands they abandoned, and receiving
jnuities often amounting to thirty dollai-s
IheaJ. and bein.s inducted into the arts of civil-
life thcv also received in every instance
Lre land than they abandoned, of better quality,
Hter situated for them from its frontier situa-
and in the same parallels of latitude. This
rtionof his message will be read with particu-
Ifrratification by all persons of humane dis-
Litions. and especially so by all candid pcr-
t; who had been deluded into the belief of
bstice and oj^pression practised upon these
bplc. lie said:

fThe plan of removing the aboriginal people
) vet remain within the settled portions of
I United States, to the country west of the
. isippi River, approaches its consummation.
jras adopted on the most mature consideration
Ithe condition of this race, and ought to be
|si>tcd in till the object is accomplished, and
isci'iited with as much vigor as a just regard
fthiir circumstances will permit, and as fast
Ihcir consent can be obtained. All preceding
lerinicnts for the improvement of the Indians
; failed. It seems now to be an established
, that they cannot live in contact with a civ-
[d community and prosper. Ages of fruitless
jeavorshave, at length, brought us to a know-
of this principle of intercommunication
1 them. The pa.st we cannot recall, but the
Ire we can provide for. Independently of the
]ty stipulations into which we have entered
n the various tribes, for the usufructuary
|t8 they have ceded to us, no one can doubt
moral duty of the government of the United
Jes to protect, and, if possible, to preserve
[perpetuate, the scattered remnants of this
L which are left within our borders. In the
hrfre of this duty, an extensive region in
Test has been assigned for their permanent
■enw. It has been divided into districts,
lallotted among them. Many have already
pvcd, and others are preparing to go ; and
\ the exception of two small bands, living in
Unl Indiana, not exceeding 1,500 persons,

and of the rhtroktr-:. all the tribes on the ra<t
side of the Mis.«i>(4i])pi. andcxtinilin;: from I.nko
Michigan to Floriila. have oiittn'd into «n!:n;n>-
ments which will lead to tliiir trniL-^plaiifatioii.
'• The plan for their rtMiioviil ami n ••e,~tJilili>li-
ment is founded uixm the kiiowlcii^c we havo
pained of their character an<l hubit-i. and has
been dictated by a sjiirit of cnlur'^'iMl liUnility. ,
A territory exceeding in extotit that rormquished, •
has l>een jiranted to each trilie. Of its diinate,
fertility, and capacity to support an Indian im>1)U-
lation, the repre.scntation.s arc hijrhly fiivorable.
To these districts the Indians are removed at
the expense of the United States, and with cer-
tain supplies of clothing, arms, an>iniinition, and
other indispensable articles, they are also fur-
nished gratuitously with provisions for the pe-
riod of a year after their arrival at tlieir new
homes. In that time, from the nature of the
country, and of the products rai.sed by them,
they can subsist themselves by n.cjricultural la-
bor, if they choose to resort to that mole of life.
If they do not, they are upon the skirts of the
great prairies, where countless herds of buffalo
roam, and a short time suffices to ailapt their
own habits to the changes which a change of
the animals destined for their food may require.
Ample arrangements have also been made for
the support of schools. In some instances,
council-houses and churches are to be erected,
dwellings constructed for the chiefs, and mills
for common use. Funds have been set apart
for the maintenance of the poor. The most
necessary mechanical arts have been introduced,
and blacksmiths, gimsmiths, wheelwri;^hts, mill-
wrights, &c. are supported among them. Steel
and iron, and sometimes salt, are purchased for
them, and ploughs and other ftirming utensil.s
domestic animals, looms, spinning-wheels, cars,
&c., are presented to them. And besides these
beneficial arrangements, annuities are in all cases
paid, amounting in some instances to more than
thirty dollars for each individual of the tribe ;
and in all cases sufficiently great, if justly di-
vided, and prudently expended, to enable them,
in addition to their own exertions, to live com-
fortably. And as a stimulus for exertion, it is
now provided by law, that, " in all cases of the
appointment of interpreters, or other persons
employed for the benefit of the Indian, a pre-
ference shall be given to persons of Indian de-
scent, if such can be found who ai'e properly
qualified for the discharge of the duties."

The effect of the revival of the gold currency
was a subject of great congratulation with the
President, and its influence was felt in every de-
partment of industry. Near twenty millions of
dollars had entered the country — a sum fiir
above the average circulation of the Bank of the
United States in its best days, and a currency
of a kind to diffuse itself over the country, and
remain where there was a demand for it, and for

574

THIRTY YEAIIS' VIEW.

which, flifTercnt from a hank papor currency, no
interest was paid for its use, and no danper in-
curred of its iM-'cominR useless. He thus referred
to this frratifying;circuinstanc3;

" Connected with the con<lition of the finan-
ces, and the fiourishiuf; state of the country in
all its hranches of industry, it is pleasing to wit-
ness tlie advantages which have been already
derived from the recent laws rcKulating tlie value
of the gold coinai^o. These advantages will he
more apparent in the course of the next year,
when the branch mints authorized to be establish-
ed in North Carolina, Georgia, and I^itiisiana,
shall have gone into operation. Aided, as it is
noped they will be, by further roforms in the
banking systems of the States, and by judicious
regulations on the part of Congress in relation
to the custody of the public moneys, it may be
confidently anticipated that the use of gold and
silver as a circulating medium will become gene-
ral in the ordinary transactions connected with
the labor of the country. The great desideratum,
in modern times, is an efficient check upon the
power of banks, preventing that excessive issue
of paper whence arise those fluctuations in the
standard of value which render uncertain the
rewards of labor. It was supposed by those
who established the Bank of the United States,
that, from the credit given to it by the custody
of the public moneys, and other privileges, and
the precautions taken to guard against the evils
wliich the country had suffered in the bankrupt-
cy of many of the State institutions of that
period, we should derive from that institution
all the security and benefits of a sound currency,
and every good end that was attainable under
that provision of the constitution which author-
izes Congress alone to coin money and regulate
the value thereof. But it is scarcely necessary
now to say that these anticipations have not
been realized. After tlie extensive embarrass-
ment and distress recently produced by the Bank
of the United States, from which the country is
now recovering, aggravated as they were by pre-
tensions to power which defied the public au-
thority, and which, if acquiesced in by the peo-
ple, would have changed the whole character of
our government, every candid and intelligent
individual must admit that, for the attainment
of the great advantages of a sound currency, we
must look to a course of legislation radically
dillcrent from that which created such an insti-
tution."

Railroads were at this time still in their in-
fancy in the United States ; they were but few
in number and comparatively feeble; but the
nature of a monopoly is the same under all cir-
cumstances ; and the United States, in their post-
office department, had begun to feel the effects
of the extortion and overbearing of monopolizing
eompanics, clothed with chartered privileges in-

tended to bo for the public u well ^ ..^
advantage, but usually perverted to purpo^,^
self enrichment, and of oppression. Tlie cvi'
already become bo serious aa to require tlx
tention of Congress ; and the President td. <
commended the subject to its considerat;„» .

"Particular attention is solicited to thatB
tion of the report of the postmafUrtTr
which relates to the carriage of the mails <il
United States upon railroads construcu,] i
private corporations under the authoritvfifi]
several States. The reliance which the civ
government can place on those roads &% a n
of carrying on its operations, and the princ-i
on which the use of them is to be obtainiHj, j
not too soon be considered and settled. Ali*
does the spirit of monopoly begin to exiiihy
natural propensities in attempts to exact fm
the public, for services which it supposescit
be obtained on other terms, the most e.\trav»i_
compensation. If these claims be pcrsistel^
the question may arise whether a conibinjii
of citizens, acting under charters of incoriKjna
from the States, can, by a direct refusal or t
demand of an exorbitant price, exclufletheril
ted States from the use of the establishcltlB
nels of communication between the uitftu
sections of the country ; and whether the I'm
States cannot, without transcending their t,
stitutional powers, secure to the post-officel
partment the use of those roads, by an m J
Congress which shall provide within itself j^
equitable mode of adjusting the amount of j
pensation. To obviate, if possible, the m
of considering this question, it is i\i^
whether it bo not expedient to fix, by lawl
amounts which shall be offered to railroaded
panies for the '^onyeyance of the mails, cradJ
ed according to Iheir average weight, to \A
certained and declared by the postmasterfj
ral. It is probable that a liberal propositiail
that sort would be accepted."

The subject of slavery took anew tumotjj
turbance between the North and Souilnl«[
this time. The particular form of annoyi
which it now wore was that of the transmia
into the slave States, through the United k
mail, of incendiary publications, tending to ^
cite servile insurrections. Societies, indiridi
and foreigners were engaged in tliis diaVi]
work — as injurious to the slaves by the fan
restrictions which it brought upon theiii,y|
the owners whose lives and property werf(
dangered. The President brought this pn
to the notice of Congress, with a vicvf ul
remedy. He said :

" In connection with these provisions ia J
lation to the post-office department, 1 \nsAi

ANNO 1835. ANDREW JACK!?ON', rRF^SlDENT

tJ<.)

r the public an well » pn

usually perverted to pnrpo^^

and of oppression. Tlie ivii;,

80 serious ail to ro'niirctlxj

tcsb; and the President thiit

subject to its consideniir,-,;

nttention is 8olicite<l to th:i! •„
jport of the postmacter-tfrw
,o thecarria|?o of the niail-rf^

upon railroads cnnstnicibi \

itions under the authority (.ftl

The reliance which the »ii

n place on those roads as a r..,

its operations, and the princiji
ise of them is to be obtaiinnlj
; considered and settled. Alw

of monopoly begin to exliibiin
asities in attempts to exact f™

services which it suppo««scM

other terms, the most e.xtravaj
If these claims be persisfe.,
nay arise whether a conibiMu
ing under charters of incorjKina
;e8, can, by a direct refusal orL

exorbitant price, exclude theC^
m the use of the establisht 1 cbj
munication between the aitteu
ecoimtry; and whether tlie lei
t, without transcending their t
)wers, secure to the post-offial
B use of those roads, by an att j
ich shall provide within itself s
de of adjusting the amount of c
ro obviate, if possible, the nccH
ng this question, it is t\i^

not expement to fix, by law, J
ich shall be offered to railroad c
e f^onveyance of the mails, rad

to their average weight, to teJ
d declared by the postmaster^
•obable that a liberal propositioij
»uld be accepted."

ict of slavery took anew turn of J
itween the North and Southilii
The particular form of atmoyi
tv wore was that of the transmis
ve States, through the United Sd
endiary publications, tending to J
insurrections. Societies, indi*
era were engaged in tliis diak
njurious to the slaves bythetiU

1 which it brought upon themjj
whose lives and property weir f
The President brought this pn

tice of Congress, with a view u|
[le said :
ncction with these provisioniiij
lio post-office department, I mii.<f

L„(( voiir attention to the painful excitement
)„^,| in tla South by attempts to circulate
p,ii;h the mails inflammatory ap|)ealsaddres8ed
,,i,,,"na.sjion:s of the slaves, in prints, and in
finmn sorts of publications, ralculated to stimu-
ku' their, to insurrection, and to produce all the
lorriirs of a servile war. Tliere is doubtless no
..pectable iiortiim of our countrymen who can
► l, far mii'k'd. as to feel any other sentiment
Inn that of indignant regret at conduct so de-
Inictive of the luirniony and peace of the coun-
h- and so nimgnant to the principles of our
Ltkinal compact and to the dictates of humanity
: rtlit-'ion- ^'"' happiness and prosperity
intially depend upon peace within our bor-
brs ; and peace de{»ends upon the maintenance,
tpood faith, of those compromises of the con-
itution upon which the Union is founded. It
Ifurtunate for the country that the good sense,
t eenornus feeling, and the deep-rooted attach-
fcntofthe people of the non-slaveholding States,
[the Union, and to their fellow-citizens of the
ne blood in the South, have given so strong
J impressive a tone to the sentiments enter-
ined against the proceedings of the misguided
Irsuns who have engaged in these unconstitu-
jial and wicked attempts, and especially
tinst the emissaries from foreign parts, who
Iredai^d to interfere in this matter, as to au-
hrizethe hope that those attempts will no
Lerbe persisted in. But if these expressions
Viie public will, shall not be sufficient to effect
desirable a result, not a doubt can be enter-
loed that the non-slaveholding States, so far
countenancing the slightest interference
I tlie constitutional rights of the South, will
[prompt to exercise their authority in sup-
Tssing, so far as in them lies, whatever is cal-
ked to produce this evil. In leaving the
[ of other branches of this interesting sub-
t to the State authorities, to whom they pro-
hy belong, it is nevertheless proper for Con-
p to take such measures as will prevent the
l-oflice department, which was designed to
ter an amicable intercourse and correspond-
t between all the members of the confeder-
] from being used as an instrument of an op-
■te character. The general government, to
|ch the great trust is confided of preserving
jalate the relations created among the States,
|he constitution, is especially bound to avoid
own action any thing that may disturb
I would, therefore, call the special atten-
I of Congress to the subject, and respectfully
jest the propriety of passing such a law as
[prohibit, under severe penalties, the circu-
I in the Southern States, through the mail,
tndiary publications intended to instigate
fclives to insurrection."

! President in this impressive paragraph
|es a just distinction between the conduct
Ifguided men, and of wicked emissaries, en-
I in disturbing the harmony of the Union,

and the patriotic iHM.pIcof the nnn-slavthol.iinp
States wlio discoiuitiimnei' tluir work -.ml re-
press their ialxirs. Tin- fnniur no.ivo tlio
brand of reprobntion, and nro ].oiiiti-.l ,.ut for
criminal Icpisltition: the latter riiTivc tlit> ap-
plause due to good citizen-'.

The President concludi'S this nicssa^:!'. ns }io
had done many others, with a recurrtiicf to the
necessity. of refijrm in the mode of electing the
two first officers of the Itepuldio. His con-
victions must have been deep and stroiii; thus
to bring him back so many times to the funda-
mental point of direct elections by the people,
and total suppression of all intermediate agen-
cies. He says :

"I felt it to be my duty in the (hst mossape
which I communicated to Congress, to uijre upon
its attention the propriety of amending that pari
of the constitution which provides tor the elec-
tion of the President and the Vice-President of
the United States. The leading object which J
had in view was the adoption of some new jiro
vision, which would secure to the people the
performance of this high duty, witlionl any in-
termediate agency. In my annual comnurnica
tions since, I have enforced the same viewt
from a sincere conviction that the Ijost inteiest*
of the country would be promoted by their
adoption. If the subject were an ordinary one,
I should have regarded the failure of Congress
to act upon it, as an indication of tlieir judg-
ment, that the disadvantages which belong to the
present system were not so great as tluxe which
would result from any attainable substitute that
had been submitted to their consideration. Re-
collecting, however, that propositions to intro-
duce a new feature in our fundamental laws
cannot be too patiently examined, and ought
not to be received with favor, u;.»l the great
body of the people are thoroughly impressed
with their necessity and value, as a remedy for
real evils, I feel that in renewing the recom-
mendation I have heretofore made on this sub-
ject, I am not transcending the bounds of a just
deference to the sense of Congress, or to the
disposition of the people. However much we
may differ in the choice of the measures which
should guide the administration of the govern-
ment, there can be but little doubt in the minds
of those who are really friendly to the rei)ub-
lican features of our system, that one of its most
important securities consists in tlie separation
of the legislative and executive powers, at the
same time that each is held responsible to the
great source of authority, which is acknowledged
to be supreme, in the will of the people consti-
tutionally expressed. My reflection and experi-
ence satisfy me, that the framers of the consti.
tution, although they were anxious to mark
this feature as a settled and fixed juineiple in
the structure of the government, did nut adopt

57G

THIRTY YKAR.S' VlliW.

all the pi-cc.'nitiona that were ncrcssary to se-
cure its ]ii'ai'tical ohserviince, and that we ainnot
be said to hiivi; cnirieil into complete effect their
intent ions until the evils vhich arise from this
opfranic »!(f<'ct are remedied. All history tells
us that a free jMoplc should be watchful of dele-
gated powi r. and Hhould never acquiesce in a
jiractice w liich will diminish their control over
It. This obligation, so imivcrsal in its applica-
tion to all the principles of a Republic, is pecu-
liarly so in ours, where the formation of parties,
founded on .-ectional interests, is so much fos-
tered by the extent of our territory. These
interests, representet' by candidates for the
Presidency, are constantly prone, in the zeal of
l>arty and .sillish objects, to generate influences,
unmindful of tiie fteneral good, and forgetful of
the restraints which the great body of the peo-
ple would enforce, if they were, in no contingen-
cy, to lose the right of expressing their will.
'J'he e.vperionce of our country from the forma-
tion of the government t<i the present day, de-
monstrates that the people cannot too soon
adopt some stronger safeguard for their right to
elect the highest oflicers known to the constitu-
tion, than is contained in that sacred instrument
as it now stands."

CHAPTER CXXX.

ABOLITION OV SLAVERY IN TIIE DISTRICT OF
COLUMBIA.

Mb. Buchanan presented the memorial of the
religious society of " Friends," in the State of
Pennsylvania, adopted at their Cain quarterly
meeting, requesting Congress to abolish slavery
and the slave trade, in the District of Columbia.
lie said the memorial did not emanate from fana-
tics, endeavoring to disturb the peace and secu-
rity of society in the Southern States, by the dis-
tribution of incendiary publications, but from a
society of Christians, whose object had always
been to promote good-will and peace among
men. It was entitled to respect from the cha-
racter of the memorialists; but he dissented
from the opinion which they expressed and the
request which they made. The constitution
recognized slavery ; it existed here ; was found
here when the District was ceded to the United
States ; the slaves here were the property of the
inhabitants ; and he was opposed to the disturb-
ance of their rights. Congress had no right to
interfere with slavery in the States. That was
delermiued in the first Congress that ever sat —

in the Congress which commenced ii, i;,,
ended in 17'.>1 -and in the Hrst session of ,
Congress. The Religious Society t,( y,
then petitioned Congress against slavorv mi
was resolved, in answer to that petitim ij
Congress had no authority to intirfcn. ^
emancipation of slaves, or with their titatnyJ
in any of the States : and that was the aiii
still to be given. IIo then adverted to tht j
cumstances under which the memorial buJ
sented. A number of fanatics, led on bv f, u
incendiaries, have been scattering f\T,.u
through the Southern States — publications
pictures exciting the slaves to revolt, anil toii
destruction of their owners. Instead of I,
fiting the slaves by this conduct, thty do tin
the greatest injurj , causing the bonds to 1
drawn tighter upon them; and postponing cm
cipation even in those States which miphtetj
tually contemplate it. These were his opini,!
on slavery, and on the prayer of this mimoj
lie was opposed to granting the prayer, but i
in favor of receiving the petition as the
one had been received, in 1790, and givlncitii
same answer ; and, he had no doubt, witk i|
same happy effect of putting an end tis
applications, and giving peace and quittiod
country. He could not vote for the moiioil
the senator from South Carolina, Mr. Calk
to reject it. lie thought rejection wo
flame the question : reception and condcniDi
would quiet it. Mr. Calhoun had moved to i|
ject all petitions 6f the kind— not rijcctDi
their merits, after consideration, but Wa
hand, when presented for reception. Tliiiii
the starting point of a long and acrinwiii
contest in the two Houses of Congress, inwli^
the right of petition was maintained ononesi
and the good policy of quieting the qucstiai
reception and rejection : on the other side, itif
held that the rights, the peace, and the d
of the States required all ai ti-slavcry ptiitii
to be repulsed, at the first presentation, niili
reception or consideration. The author of t|
View aspired to no lead in conducting tliisi
tion ; he thought it was one to be sciiMJ
policy ; tha- is to say, in the way that h
soonest quiet it. He thought there was sdi
line f-i distinction between mistaken pliil
thropists, and mischievous inccndiaric'5-al.'(|
tween the free States themselves and tlieii
diary societies and individuals within ikw.i

ANNO 1835. ANDKF.W JACKSON, I'UESIDKNT.

r)77

fhich commcncwl in ITvij
lul in the lirst sisuDn of \
Ucligious Society of Ft*i
'ongrt'Sii against slaviTY.ai,.!
answer to that iittiii.,n. lia
} authority to intirf>.^ ;ii j
slaves, or with tlieir tnatny-j
lies : and that was tlic aiij
llo then adverteil to tht I
;r wViich the memorial wis (.J
bcr of fanatics, led on hyhi^
ivc been scattering fmlti
athcrn States— publications
g tho slaves to revolt, awl to ti
their owners. Instead of !<«
s by this conduct, they do itJ
njurj , causing the bonds to \
ipon them; and postponing ci
n those States which mi|:ht«(
)latc it. These were his opinii
i on the prayer of this mm\
cd to granting the prayer, but
ceiving the petition as the
received, in 1790, and giving it
• and, he had no doubt, wiik
effect of putting an end t
and giving peace and quiet to
i could not vote for the motion
rom South Carolina, Mr. Call
He thought rejection woul
sstion : reception and condcmi
it. Mr. Calhoun had movcJto
tions 6f the kind— not Kjett
after consideration, but Itt
presented for reception. This
point of a long and acrimi
two Houses of Congress, initl
petition was maintained on one:
policy of quieting the qucstiM
d rejection: on the other side, if
le rights, the peace, and the d^
required aU aiti-slavery pctil
.ed, at the first presentation, mi
consideration. The author of
d to no lead in conducting tliii
lought it was one to be scitli
is to say, in the way that «i
etit. He thought there was J
stinction between mi.s;akcu p!
,nd mischievous incendiarits-jUl
free States themselves and the
ties and individuals within them

k «n early moment to express these opinions '
order to Bit up the line between what was
irttke and what was crime— and l)Ctwecn tho ^
i of individuals, on one hand, and of States,
the other; and in that sense delivered the
JlowinR speech :

- Mr. Benton rose to express his concurrence
thecupgcstion of the senator from Pcnnsyl-
jii (Mr. Buchanan), that the consideration
this subject bo postponed until Monday. It
come up suddenly and unexpectedly to-day,
the postponement would give an opportunity
senators to reflect, and to confer together,
id to conclude what was best to be done, where
were united it. wiihing the same end, namely,
aliav and not to produce, excitement. He
risen for this purpose ; but, being on his
It be would say a few words on the general
(ject. which the presentation of these peti-
is had so suddenly and unexpectedly brought
AVith respect to the petitioners, and those
th whom they acted, ho had no doubt but
it many of them were good people, aiming at
icTolent objects, and endeavoring to anielior-
the condition of one part of the human race,
houl inflicting calamities on another part ;
they were mistaken in their mode of pro-
ig; and so far from accomplishing any part
[heir object, the whole effect of their inter-
ition was to aggravate tho condition of those
hose behalf they were interfering. But
was another part, and he meant to speak
le abolitionists, generally, as tho body con-
ig the part of which he spoke ; there was
ther part whom he could not qualify as good
lie, seeking benevolent ends by mistaken
but as incendiaries and agitators, with
ilical objects in view, to be accomplished by
;ed and deplorable means. He did not go
ihe proofs now to establish the correctness of
linion of this latter class, but he presumed
luld be admitted that every attempt to work
the passions of the fclnves, and to excite
to murder their owners, was a wicked and
ilical attempt, and the work of a midnight
iary. Pictures of slave degradation and
, and of the white man's luxury and cru-
ere attempts of this kind ; for they were
to the vengeance of slaves, and not to
telligence or reason of those who legis-
for them. He (Mr. B.) had had many
» of this kind, as well as many diabolical

Vol. I.-37

publications, sent to him on tlii-< suhjoct, during
the last summer; the wholt> of which he had
cast int<» the ttro, and shonM not have thout;lit
of referring to tlic rinum.itanro at this tijne, as
displaying the charncter of the incendiary part
of the alK)litionists, had he not, within these few
days past, and while abolition petitions were
pouring into the other end of the Cajiitol, re-
ceived one of these pictures, tho design of which
could be nothing but mischief of the blackest
dye. It was a print from an engraving (and Mr.
H. exhibited it, and handed it to senators near
him), representing a large and spreading tree of
liberty, beneath whose ample shade a .slave own-
er was at one time luxuriously reposing, with
slaves fanning him ; at another, carried forth in
a palanquin, to view the half-naked laborers in
the cotton field, whom drivers, with whips, w ere
scourging to the task. The print was evidently
from the abolition mint, and came to him by
some other conveyance than that of tho mail,
for there was no post-mark of any kind to iden-
tify its origin, and to indicate its line of march.
For what purpose could such a picture bo in-
tended, unless to inflame the passions of slaves ?
And why engrave it, except to multiply copies
for extensive distribution ? But it was not pic-
tures alono that operated upon tho passions of
the slaves, but speeches, publications, petitions
presented in Congress, and the whole machinery
of abolition societies. None of these things wont
to the understandings of the slaves, but to their
pa.ssions, all imperfectly understood, and inspir-
ing vague hopes, and stimulating abortive and
fatal insurrections. Societies, especially, were
the foundation of the greatest mischiefs. What-
ever might be their objects, the slaves never did,
and never can, understand them but in one way :
as allies organized for action, and ready to march
to their aid on the first signal of insurrection !
It was thus that the ma.ssacre of San Domingo
was made. The society in Paris, Zrfs Amis ilea
Noirs, Friends of tho Blacks, with its affiliated
societies throughout France and in London, made
that massacre. And who composed that socie-
ty ? In the beginning, it comprised tho ex-
tremes of virtue and of vice ; it contained tho
best and the basest of human kind ! Lafayette
and the Abbe Gregoire, those purest of philan-
thropists ; and Marat and Anacharsis Clootz,
those imps of hell in human shape. In the end
(for all such societies run the same career of de-

078

THIRTY YF.AUS- VIEW

gunGration), the j^ood men, difgiisted with their
associate?, retired from t!iu Kctiiio ; and tho
wicked ruled at pleasure. Declamationi^ ogninHt
slavery, publications in gazettes, pictures, peti-
tions to tho constituent a«Kenibly, were the mode
of proceeding ; and tho fish-women of Paris —
he said it with humiliation, because American
females had signed the petitions now before us
— the fish-women of Paris, tho very poissardea
iiom tho quays of tho Seine, became tho obstre-
I>erou£ champions of West India emancipation.
The effect upon the French islands is known to
tho world ; but what is not known to the world,
or not sufficiently known to it, is that tho same
societies which wrapt in flames and drenched in
blood the beautiful island, which was then a
garden and is now a wilderness, were the means
of exciting an insurrection upon our own conti-
nent : in Louisiana, where a French slave popu-
lation existed, and where the language of Les
Atnis (lea Noira could be understood, and where
their emissaries could glide. The knowledge
of this event (Mr. B. said) ought to be better
known, both to show the danger of these socie-
ties, however distant, and though oceans may
roll between them and their victims, and the
fate of tho slayes who may be excited to insur-
rection by them on any part of <ho American
continent. lie would read the notice of the
event from the work of Mr. Charles Gayarre,
lately elected by his native State to a seat on
this floor, and whose resignation of that honor
he sincerely regretted, and particularly for the
cause which occasioned it, and which abstracted
talent from a station that it would have adorned.
Mr. B. read from the work, ' Essai Historique
sur la Louijiane : ' ' The white population of
Louisiana was not the only part of the popula-
tion which was agitated by the French revolu-
tion. The blacks, encouraged without doubt by
tho success which their race had obtained in San
^omingo, dreamed of liberty, and sought to
shake ofi' the yoke. The insurrection was plan-
ned at Pointe Coupee, which was then an iso-
lated parish, and in which the number of slaves
was considerable. The conspiracy took birth on
the plantation of Mr. Julien Poydras, a rich
planter, who was then travelling in the United
States, and spread itself rapidly throughout the
parish. The death of all the whites was re-
solved. Happily the conspirators could not
agree i]pon the day for the massacre ; and from

this dieagrt'eraent resultffl a riuarrc!, \vhj,| A
to tho discovery of the plot. The militia of i I
parish immediately took anns, nnd the }^,,
<le Carondelct caused them to be supfioru^i i- 1
tho troops of tho line. It wa.s resolved t„ .
rest, and to punish the princip.-d coiisi,ir,tor, I
The slaves opposed it; but they wii-c,,„j(i,|J
dispersed, with the loss of twenty of thtir Dur>|
ber killed on the spot. Fifty of the insiir-c-J
were condemned to death. Sixteen wtrc hJ
cuted in different parts of tho parisli; tliff^,,!
were put on board a galley aid hiinf; at intc.
vals, all along the river, as far as Ntw Orli^l
(a distance of ono hundred and fifty milisi
Tho severity of the chastisement intimidated t^J
blacks, and all returned to perfect ordir,'

" Resuming his remarks, Mr. B. snid Ih; 1
read this passage to show that our wlute nrpid
lation had a right to dread, nay, were bound tj
dread, tho mischievous influence of tlieM- s/ J
eties, even when an ocean intervened, and ni«J
more when they stood upon tho same IkuJ
phere, and within the bosom of the sainecdjnirrJ
He had also read it to show the miserable fate ^
their victims, and to warn all that were m
and virtuous — all that were honest, but mistai
— in the three hundred and fifty affiliated i
cicties, vaunted by the individuals who iiri
themselves their executive committee, and n
date, from the commercial emporium of tij
Union, their high manifesto against the Pre
dent; to warn them at once to secede from j
sociations which, whatever may be their dcjii
can have no other efiect than to revive ia t
Southern States the tragedy, not of San Doi
go, but of the parish of Pointe Coupe6.

"Mr. B. went on to say that these societiesli
already perpetrated more mischief than ik'A
remainder of all their lives spent in prajenj
contrition, and in works of retribution. (
ever atone for. They had thrown the state J
the emancipation question fifty years i
They had subjected every traveller, and e
emigrant, from the non-slaveholding Stataj
be received with coldness, and viewed wiibj
picion and jealousy, in the slaveholding Stii
They had occasioned many slaves to lose t
lives. They had caused the deportation of u
ten thousands from the grain-growing tu i
planting States. They had caused the privi
of all slaves to be curtailed, and their bontl
be more tightly drawn. Nor waa the i

ANXO 183.V ANDREW JArKSOX, IM!F>II»I;NT.

573

rcsulU'd a qimrre', whiih;..)
' the plot. The militia df i,^
y took arm«, niul tlio liar,.,,
m\ them to be 8\ip(ioiiKH;
I line. Itwa.s rcsolviil i„ ,..
i\\ the principnl coiisiiiratott
,cd it ; but they wiie (iinoldj
,e loBS of twenty of tlicr nurj.
spot. Fifty of thi' iiisiirav.
to death. Sixteen wire n*.
parts of the parish ; ilie nn
rd a Ralloy "d huni,' at ir.u;.
e river, as far as New Utli-ai
one hundred and fifty mikii
,hc chastisement intimidated ihJ
eturncd to perfect ordir.'
lis remarks, Mr. B. Baid In
e to show that our wlute \ff
ht to dread, nay, were loiimit
liievous influence of tlioe w,
1 an ocean intervened, and nm
ey stood upon the same ht
in the bosom of the saincccuriiri|
id it to show the miscrabkfaK
md to warn all that wtrea
all that were honest, but inisti
B hundred and fifty affiliated
id by the individuals who stji
iir executive committee, and n!
e commercial emporium o(
igh manifesto against the Pi
\ them at once to secede from
ich, whatever may be tbeir desi
ather effect than to revive in
tcs the tr^edy, not of San Doi
parish of Pointe Coupci.
nton to say that these societieil
strated more mischief than the}!
all their lives spent in prayers
ad in works of retribution,

They had thrown the stJte
■ation question fifty years '
objected every traveller, and
am the non-slaveholding Stmi
with coldness, and viewed wiik
jealousy, in the slaveholding St
,ccasioncd many slaves to lose
had caused the deportation oti
[ds from the grain-growing U
ates. They had caused the pri'nl
to be curtailed, and their H
rhtly drawn. Norwaithe

of {heir conduct confined to s1avc« ; it rca«'hcd
•he fre<' C'lored people, and opened a sudden gulf
o' misery to tlint population. In all the Rlavo
;,j,(j this population has paid the forfeit if
ihciriiitermediate position; and suffered proTrip-
lion as the instruments, real or suspected, of the
bolition S(x;ietic8. In all these .States, their
xodus had either been enforced or was impcn<l-
i^ff. In Mis.souri there was a clause in the con-
titiition which prohibited their cmipration to the
Sute ; but that clause had remained a dead let-
,er in the book until the apitation produced
jraon" the slaves by the distant nunblinp; of the
abolition thunder, led to the knowieclpc in some
I instances, and to the belief in others, that these
Kople were the antenna) of the abolitionisms; and
! (Vf jj. medium for communicating with the slaves,
t and for exciting them to desertion first, and to
insurrection eventually. Then ensued a painful
ifoene. The people met, resolved, and prescribed
jlhirty days for the exodus of the obnoxious
Lite. Under that decree a general emigration
llijd to take place at the commencement of win-
llif. Many worthy and industrious people had
Ito quit their business and their homos, and to
to forth under circumstances which rcnrlcred
Itlicm objects of suspicion wherever they went,
iml fealed the door against the acquisition of
Bciv friends while depriving them of the protec-
llion of old ones. He (Mr. B.) had witnessed
nany instances of this kind, and had given ccr-
lifioatts to several, to show that they were ban-
shed, not for their oflences, but for their mis
ortuncs; for the misfortune of being oiliccl to
he race which the abolition socit'ties had made
he object of their gratuitous philanthropy.
' Having said thus much of the abolition so-
eties in the non-slaveholding States, Mr. B.
Dmed, with pride and exultation, to a different
heme— the conduct of the great body of the
ople in all these States. Before he .«aw that
knduct, and while the black question, like a
brtentous cloud was gathering and darkening
1 the Northeastern horizon, he trembled, not
Ir the South, but for the Union. He feared
lat he saw the fatal work of dissolution about
\ begin, and the bonds of this glorious confed-
Bcy about to snap ; but the conduct of the
[cat body of the people in all the non-slavehold-
! States quickly dispelled that fear, and in its
! planted deep the strongest assurance of the
nony and indivisibility of the Union which

he had felt for many yearo. Thrir rondurt wn?
above all prniso. oImivi- nil tliaiik-,nb<ivc all grati-
tude. Thf-y had chased off the foreifni > inisnar'
silenced the pibblinn ton^rius of fi'innle (\\\\s
and dispersed thonsM-nihlacnM, wliethrr faiinticiil,
visionary, or iiuviidinry, of uU tlmf coii};tvg!it< d
to preach again>t evils which atllictcd other ,
not them; and to propose remedies to a^'};riivii!u
the disease which they prefendid to cure. They
had acted with a noble spirit. They had exert-
ed a vi;mr lioyond all law. They hud obeyecj
the enactments, not of the statute book, but of
the heart ; and while that spirit was in the heart,
he cared nothing for laws written in a lionk.
He would rely upon that spirit to complete the
good work it hns l)ef:un ; to dry up these srwieties ;
to separate the mistaken philanthropist from the
reckless fanatic and the wicked incendiary, nml
put an end to imblications and petitions which,
whatever may he their design, can have no oth' r
effect than to impede the object which they in-
voke, and to aggravate the evil which they ik-
plore.

"Turning to the immediate question before
the Senate, that of the rejection of the i)etitioii<,
Mr. B. said his wish wa,s to give that vote which
would have the greatest effect in putting down
these societies. lie thought the vote to be given
to be rather one of expediency than of constitu-
tional obligation. The clause in the constitution
so often quoted in favor of the right of iK'tition-
ing for a redress of grievances would seem to ]vv.i
to apply rather to the grievances felt by our-
selves than to those felt by others, ami which
others might think an advantage, what wo
thought a grievance. The petitioners from Ohio
think it a grievance that the people of the Dis-
trict of Columbia (-hould sufllr the institution
of slavery, and pray for the redress of that griev-
ance; the people of the District think the insti-
tution an advantage, and want no redress ; now,
which has the right of petitioning? Looking to
the past action of the Senate, Mr. B. saw that,
about thirty years ago, a petition against slavery,
and that in the States, was presented to this
body by the society of Quakers in Pennsylvania
and New Jersey ; and that the same question
upon its reception was made, and decided by
yeas and nays, 19 to 9, in favor of receiving it.
lie read the names, to show that the senators
from the slave and non-slaveholding States voted
some for and some against the reception, accord

580

TIIIIITY YEARS' VIEW.

ing to each oiiv'm opinion, and not according to
the position or the character of the State from
which he came. Mr. J), rciieated that he thouKht
this question to be one of cxpoflicncy, and tliat !
it was cx|)edicnt to Rivo the vote which would
no furlhi'-^t towanl8 (luiutinK tiie puhhc mind.
'I'hc quietint; the South depended uiwn quieting; I
the Nortii ; for when the ubolitionists were put
down in the former place, the latter would bo
at case. It seemed to him, then, that the gen-
tlemen of the non-slaveholding States were the
proper persons to speak first. They know the
tem{)er of their own constituents best, and what
might have a good or an ill cfl'ect upon them,
either to increase the abolition fever, or to allay
it. lie knew that the feeling of the Senate
was general ; that all wished for the same end ;
and the senators of the North as cordially as
those of the South."

C II AFTER CXXXI.

MAIL CIKCITLATION OP INCENDIARY PUBLICA-
TIONS.

Mil. Calhoun moved that so much of the Pre-
sident's message as related to the mail trans-
mission of incendiary publications be referred to
a select committee. Mr. King, of Alabama, op-
posed the motion, urging that the only way that
Congress could interfere would bo by a post-
ofiice regulation ; and that all such regulation
properly referred itself to the committee on
post-offices and post-roads. He did not look
to the particular construction of the committee,
but had no doubt the members of that commit-
tee could see the evil of these incendiary trans-
missions through the mails, and would provide
a remedy which they should deem constitution-
al, proper and adequate ; and he expressed a
fear that, by giving the subject too much im-
portance, an excitement might be got up. Mr.
Calhoun replied that the Senator from Alabama
bad mistaken his object — that it was not to pro-
duce any unnecessary excitement, but to adopt
tuch a course as would secure a committee which
would calmly and dispassionately go into an ex-
amination of the whole subject ; which would
hivestir^te the character of those publications,
to ascertain whether they were incendiary or

not ; and, if ao, on that grouml to put « t\,,
on their transmisHion through the niaik ||,
could not but cxprexa hia aMtoni^hmiiit n ;■_,
objection which hail lieen taken to \\tn muti .
for ho knew that the Senator from AlaUi ,
felt that deep interest in tho subject nliich u-.
vaded the feelings of every man in tlie Souf
He believed that the post-oflloe commit tc« wr,!;;
1h) fully occupieil with the regular buHim-sH w\y.
would be brought before them ; and it wa.i th|.
consideration, and no party feeling, wliich |,;„^
induced him to make his motion. )Ir. (Inimlv
chainnan of tho committee on itost-ofliccH aaj
post-roads, said that his position was such u ,,,
have imposed silence upon him, if thiit nW^i,.
might not have been misunderstood. In rcpiv
to the objection that a majority of the cuiniui-.
tee were not from the slave States, that ciicma
stance might be an advantage ; it miffht give il,^.
greater weight to tlicir action, v lich it wt<
known would be favorable to th«» object of ik.
motion. Ho would say that the fetVjral govern-
ment could do but little on this i;:ul)ji;ct cjcpi
through a post-office regulation, and ttiinbr
aiding the efficiency of the State laws. Jle ilji]
not desire to see any power exercised which I
would have the least tendency to interfere wiik
the sovereignty of the States. Mr. Calhous I
adhering to his Oesire for a select committtt.
and expressing hm belief that a great constitu. I
tional question was to bo settled, and that tl,e '
crisis required calmness and firmness, and the
action of a committee' that came mainly (ion
tho endangered part of the Union — his rcquesi
was granted ; and a committee of five appoinle<i, I
composed as be desired ; namely, Mr. Calhom
chairman, Mr. King of Georgia, Mr. Mangum
of North Carolina, Mr. Davis of Massachusettj,
and Mr. Lewis F. Linn of Missouri. A bill isii
a report were soon brought in by tho coramittit I
— a bill subjecting to penalties any post-raasiH I
who should knowingly receive rnd put into the I
mail any publication, or picture touching the I
subject of slavery, to go into any State or ttr[
ritory in which the circulation of sunh pttUi»|
tion, or pkture, should be forbid by the Stittl
laws. When the report was read Mr. Mangiiiii|
moved the printing of 5000 extra copies of it I
This motion brought a majority of thecomDiii[
tee to their feet, to disclaim their assent to pan I
of the report; and to absolve thcrasclTesfnaj
responsibility for its contents. A conversatioiill

ANNO 18n5. AM>UKW JACKSON, na>II»KST.

r,ft)

ti»t grouml to pHUcl^f,
n through the niaik H,
IKS hia AHtonUhnu'iit tt \:a
Ijwn tukin to hm iridti r.
ho Senator from AlaUt.i
d in the Bubject which j.:.
)f every num in the .Soim,
post-offloe comnjittco wm;', i
th the regular 1)iiHini'sn wl.ir!,
icfore them ; and it ww il,i.
no party feeUng, wliich l.;.,;
io ht« motion. M r. < 1 ruwly,
)mmittce on i)Ost-ofllct's uj
it his position was such u t ,
»co upon him, if that Bikiii>
en misunderstood. In njly
mt a majority of the ctmuui;.
the slave States, that eiiciiin
a advanti^e ; it mi|iht givetk
) their notion, v lich it ws.
favorablo to the o'ljeetof ih
Id say that the fetVjral govm,-
t little on this cubjuct txcpi
)ffloe regulation, and thc^•k
icy of the State laws. Jledil
any power exercised which
cast tendency to interfere with
of the States. Mr. Caihous |
tleslre for a select comniittM,
i,ri belief that a great conslitt-
vas to oe settled, and that [\t '
lalmness and firmness, and tht
mittee-that came mainly rroni
part of the Union— his request
id a committee of five appoint^,
desired; namely, Mr. Calhom
iing of Georgia, Mr. Mangim
na Mr. Davis of Maasachusettt. ]
F. Linn of Missouri. A bill wd I
9on brought in by the commitlee
ing to penalties any post-raasiM
owingly receive tnd put into tit I
cation, or picture touching tk
sry, to go into any StatcortttI
the circulation of such publi*
^ should be forbid by the Sutt
he report was readMr.Manpml
nting of 5000 extra copies of ii|
rought a majority of the commi-l
t to disclaim their assent to paial
and to absolve themselves tal
for its contents. A conversaUoi^l

4rl«tr f n«ne«l on thin point, on which Mr. Davin,
Mivrn. King of Alabama and (iior^'io, Mr. I, inn
inl Mr- Calhoun thuH cxpresseil theinselvi-n :

">fr. I>»vi!4 Maid that, oh a motion had IxH'n
,o«iU' to I'rint the poiier puri)Oitin>r to le n n-
lorl fronJ the sclt-ct conunittee of whi<-h he was
1 nvintK'r. he would remark that thi- vii'ws rcm-
uiianl in it did not entirely meet his apjiroba-
tinn tliotiph it contained many thinjfH which lie
unproved of. He hod risen for no other purpose
iLm to make this statement, lest the inipi(t>«ion
>liniild p> abroad with the rejK)rt that he a,s-
Knti'<l to tho!<e portions of it which di<l not
mint his opprobotion."

•• Mr. King, of Ocorgia, said that, lest the Pamc
misunderstanding nhould go forth with nwpcct
M his views, he must state that the report was
not entiri'ly assented to by himself. However,
ilie gentleman from South Carolina (Mr, Cal-
li(iun) in making this report, had already stated
that tlio majority of the committee did not agree
to the whole of it, though many parts of it were
concurred in by all."

" Mr. Davis said he would add further, that
he migiit have taken the usual course, and made
an additional report, containing all his views on
the subject, but thought it hardly worth while,
and he had contented himself with making the
vtatcment that he had just made."

"Mr. King, of Alabama, said this was a do-
larture from the usual course — by it a minority
niijilit dissent ; and yet, when the report was
published, it would seem to bo a report of the
committee of the Senate, and not a report of
two members of it. It was proper that the
whole matter should go together with the bill,
that the report submitted by the minority might
lie read with the bill, to show that the reading
of the report was not in conflict with the prin-
ciples of the bill reported. Ho thought the sen-
ator from North Carolina (Mr. Mangum) had
better modify his motion, so as to have the re-
poit and bill published together."

'•Mr, Linn remarked that, being a member of
the committee, it was but proper for him to say
liiat he liad assented to several parts of the re-
port, though he did not concur with it in all its
parts. Should it become necessary, he would,
when the subject again came before the Senate,
iCxplain in what particulars he hiid coincided with
the views given in the report, and how far he
Ihad dissented from them. The bill, he said, had
letwith his approbation,"
'Mr. Calhoun said ho hoped his friend from
orth Carolina would modify his motion, so as
include the printing of the bill with the re-
irt. It would be seen, by comparing both to-
ther, that there was no nop, aequilur in the
ill, coming as it did after this report."
" Mr. King, of Alabama, had only stated his
pressions from hearing the report and bill
ad. It appeared to him unusual that a report
Ihould be made by a miuori^y, and merely ao-

quiwci'd in by the n.niinlttii', nnd lliut the I ;!l

hIioiiM >M'iMlvrrM> In it."

".^Ir. hiiviK Hnid llir n-jmrt wnx, n« lu- iituh r-
cto<Hl it to Ipc nad finifi till' cliMir, tin' n |«'rt ..f
thf cninniiltiM'. ||i' Im.l 'jHikfti f<<T liini-rlf «ii!\-,
and fur iinlxidy t Nc, li Kt tlic impns>.ion miirlit
go abroad tliiit h niMirit i| in nil imrtt of tin-
report, when he dii"« nicij Iroiu xoiiii- of iIkih."

'•.Mr. Calhoun Niid tlmt unmjurity ol iIhmoui.
mittecdid not coiiciir in the npoit, ilinn^'h tUvrv
were two mi-mlnvK nf it. liiniHi If mid tlio ^n^t\^
tlvman from North ('iiiolina. who roiiciirnd
thn>U|:h(>ut ; three otluT n iilliimii cniiciirii l
with the greater jmrt of the ii'|pnrt, llmu^'h liny
dissented from some pails of it ; nnd two ^'« iitjc'-
men concurred also with some parts of it. As
to the bill, two of the rommittee would liiiv
iireforredadiderent one. thoiit:li they lind rutin r
have that than none at all ; anotlier piitlemiiM
wosopiwsed to it alto^'ether. The bill, liowevc r,
was a natural coiise(iiieiice of the reiiort, unci
the two did not disagree with each other.'

The parts of the rejiort which were chiefly
exceptionable were two: 1. The part wliich
related to the naturc of the federal government,
as being founded in "coinpiict;" which was the
comer-stone of the do<;trin(! of nullification, and
its corollary that the laws of nations were in full
force between the several States, as sovereign
and independent comniiinitieH except as niodi-
^ed by the compact ; 'J. The part that nr^'iied.
lis upon a subsisting danger, the evils by an ab(/-
lition of slavery in the slave States by interfer-
ence from other States, On the first of the»^<>
points the report said :

"Thot the States which form our Federnl
Union are sovereign and inde|)endent eommtnii-
tics, bound together by a constitutional com-
pact, ond are possessed of all the powers belong-
ing to distinct and separate States, exeeptii.g
such as are delegated to Iw exercised by tlie
general government, is assumed as iniqiies-
tionable. The compact itself expressly provides
that all powers not delegated are reserved to
the States and the people. To ascertain, then,
whether the power in question is delegated or
reserved, it is only necessary to ascertain whe-
ther it is to be found among tlio enumerated
powers or not. If it be not among them, it
belongs, of course, to the reserved powers. On
turning to the constitution, it will be seen that,
while the power of defending the country
against external danger is found among the enu-
merated, the instrument is wholly silent as \n
the power of defending the internal pence uml
security of the States ; nnd of course, reserves
to the States this important power, as it stood
before the adoption of the constitution, with no
other limitation, as has iNien Htate<l, except such
as are expressly prescribed by the iustruuieut

;j82

TliJUTV VKAlUi' VIKW.

it'i If. From wliiit hii-i Um stntcl. it innj- I*
iiilirrril tlnl till' ri;.'lil ol'n Stulc lode rtiiil it-clf
U'.'iiiii>i inti'i'iiiil (liui^iTH IN II part nf t)ii> ^'ri'nt,
|iriiiiiuy. iuii| iiihtri'iit ri).'lit nf ncll'-fliTnici'.

wliirli, hy thr htWH rii° iiitliiri', ImIoii^'H to ull
('iiiiiiniiiiitii'H ; aiiil m> jcnlmiH wvn- tlic St.'itfH of
tliin <'s-.i'iitiul riv'lit, without which thi'ir iiiilc-
|i"ii(lcmv roiiM jirtt he prcsiTvcd, thill it in »'X-
pn-sly proviilcil \,y thi' constitiitioii, that tlic
{fi'iuTiil jrovciiiinciil Khali not uhmj'I iiStatf, I'vt'ii
ill ri\!*v ol' (lomi'stio violence, cxript on the ap-
plication of tin- uiillioiititM of thf Stiilt) itii'lf;
ihiis cxcIiKJiii;,', liy u iuMVf>Miiry coiKscMjiience, itH
iiitfrfcri'iicf ill nil oiIut ciiscm.

•• llaviiii: now shown that it Ulon^rH to the
slavchohlinj; StattN, whoni' iiistitiitioiis are in
il.in^ri'r, ami not lo (.'oii'^tc'Ss, as \a Hnp|Ki8ed l»y
tin.' nics.-ii{;(', to (lilcniiiiio what pn|i<.'rn are in-
cendiary and iiiteiidi'il to excite insurrection
ainoiijr the slaves, it leinnins to inquire, in the
next place, wliat, are the correspoiidiii(j; duties
of the (general j;oveinineiit, and the otherStates,
from witliin whose limits and Jurisdiction their
institutions are attacked ; a suliject intimately
oiinected with that with which the committee
are imiiu'diately charged, and which, at the pre-
sent juiiPtiire, ought to he fully understood hy
ull the parlies. 'I'he committee will b.'pin with
the llrst, it remains next to iiniuire into the
duty of the States from within whose limits
and Jurisdiction the internal jioace ami security
of the slaveholdiiij; States are endan^rered. In
order to comprehend itioro fully the nature and
extent of thi-ir duty, it will bo necessary to
make a few loinaikson the relations wliich exist
hi'twecn the States of our Federal Union, witli
tlie rights and obligations reciprocally resulting
fiom such rel'tioiis. It has already been stated
that the Statos which compose our Federal
Union are sovereign and independent communi-
ties, united by a constitutional compact. Among
its members the laws of nations are la full force
and obligation, except as altered or modified by
the compact ; and, of course, the States pos.«cs8,
with that exception, all the rights, and are sub-
ject to all the duties, whicli separate and dis-
tinct communities jrassess, or to which they are
subject. Among those are comprehended the
obligation which all States are under to i)rcTciit
tlieir citizens from disturbing the peace or en-
dangering the security of other States ; and in
case of being disturbeil or endangered, the right
of the latter to demand of the former to adopt
such measures as will prevent their recurrence,
and if refused or neglected, to resort to' such
measures as its protection may require. This
right remains, of course, in force among the
States of this Union, witli such limitations as
arc imposed expressly by the constitution.
Within their limits, the rights of the slavchold-
ing States are as full to demand of the States
within whose limits and jurisdiction their peace
is assailed, to adopt the measures necessary to
prevent the same, and if refused or neglected,
to resort to means to protect themselves, as

if Ihrr vrvrv M'lmrate and indejK-ndeiit pnmj,
iiitii's."

This part of ihe nqcut wax tlint win
founding the federal government in mtnivt •.
under tlie old ml ides of tin' ciiiifcderiitinn a
in bringing the l.iw of nations to apply Ui^n,
the States an imleiKMident and sovereign romrn .
nilies, except where limit>'d by |hi, cmiof
was Kupposed to contain the doctrine of m,]] ,
cation and Keeession ; and the concliKniur hy
of the report is an argument in favor (it i,
course recommended in the CriitiH in thetv,.
that New- York, Mussiichusetts, aiirl I\'nn-\
vania diil not sujipre^s the alxjlition socictw
The rejMirt continues :

"Their professed object is the rmamipnii,r
of slaves in tiie Southern States, which tlicno!
pose to accomplish through the ngiiine, „|
organized societies, spread throughout tlu'iiMii.
slaveholdiug States, and a powerful pi^s i|.
reeled nininly to e.xcite, in the other Stat,!
hatred and abhorrence against the institutiun.
and citizens of the slaveholdiug .States, h\ a.j.
dresses. lectures, anil pictorial re[ire..'ditii'tif,.
abounding in false and exaggerated stattniiiii.
If the magnitude of the mischief aH'onls, Jnri
degree, the measure by which to jinlne (jf ile
criminality of a project, few have ever'^lHen l- j
vised to be compared with the present, wlictfi,,
the end bo regarded, or (he means hy'niiich i;
is proposed to be accomplished. 'J'he biinijnejj
of fanaticism ia proverbial. AVith more zial tkn
understanding, it constantly misconceives (|,<
nature of the object at which it aims, anl
towards which it rushes with iieadlongvioVniy,
regardless of the means by which it" is tn k |
cU'ected. Never was its character more fnij
exemplified than in the present instance. Sit- 1
ting out witli the abstract principle that slavirr
is an evil, tho fanatical zealots come at ami) I
the conclusion that it is their duty to abolish it,
regardless of all tho disasters wliich must f !•
low. Never was conclusion more false or Jm- I
gerou.s. Admitting their assumption, there are
innumerablo things which, regarded in tk |
abstract, are evils, but which it would h niai- i
ness to attempt to abolish. Thus reganW
government itself is an evil, with most of ii! I
institutions intended to protect liP; and jiropem, [
comprehending the civil as well as the cnminil I
and military code, which arc tolerated onlvl*-!
cause to aboli.sh them would be to increKl
instead of diminishing tho evil. Therca-sonL'!
equally applicable to the ca,sc under coiijiden-l
tion, to illustrate which, a few reinarks cii
slavery, as it actually exists in the b'outkij
States, will be nece-ssary.

" He who regards slavery in those States simplj
under tlie relation of master and slave, as iii-l
portant as that reUition is, viewed mtrelyniil

axxo i»aa. am»bkw jack"<ox. vumwt:^^.

58S

1 kiid iii<Ki*n'K'»l Puim .

n-jvirt wan tlmt whi •,
(^ovcrimit'nt "m ••'>in| nrt. »<
,.,« of tin' ••iiiifoiii'iiitiim, »ii,i
(if imtionH lo np|ily Wt»«:,
nih'iit mill "oven ipi oiirmn ;.
re liinit"'! '')' tl'" •'(imiiv'
iitaiii tilt! tliictriiif iif uulliti-
n ; ninl tlio roncliiuiinr (ur;
u nr;;in»i'"t in fivor ni i-,
•d ill the Criniii in the m •
Itt>*sacli>iselts, und I'enn-N
iivsrt tho ulxjlitiDn buciiU-
ifi* :

il ohji'ot is tho nnancipatio-,
iitliorn StiittiH, wliich tlicyiro-
isli thrniiph tlic nsi'iu'ii« ..(
A, HpiTivl tliron^fli-mt tlw imh.
urt, uml ft powerful press, i',].
I fxcito, in tilt" other Stau*
rc-ncc i\;:iunst tho inslituti.in.
le BluvfhoUlin;; Stiitos, hy ai-
mid pictoriiil ri'iircsfiitutiu;..
o and cxa;intM'iitL'(l stfttiDHiit-.
' of the mischief allonls. in mv
lire by which to juilne nf lie
;)roject, few have ever hien 'k-
laretl with tliC present, wlifthtr
•detl, or the means tiy which i;
e accomplished. The hWwha
iroverbial. AVithniore zualtb
it constantly misconceivos tli«
object at which it aims, anl
t rushes withheadlongvio'w,

means by which it is to be
• was its character more fiillr

1 in tho present instance. Sit-
jc abstract principle that shvm
imatical zealots come at fmceto
hat it is their duty to ahoMii.
I the disasters wiiich must tl-
ftB conclusion more false or ilaii-
ttinf; their assimiption, there are
hinps which, regarded in \\t
'ils but which it would k nui
pt'to abolish. Thus reganM
;elf is an evil, with most of in
■ended to protect liP; and iiropeny,
^the civil as well as the crmiffl!
ode which arc tolerated only I*-
ish'thcm would be to inorewi
linishins; the evil. Therc»a
able to the case under considm'i
trate which, a few remarks (i

actually exists in the bouthmj
; necessary. „ . ■

.r:u'ds shivery in those Statcssii ^
ation of master and slave. asm-
at relation is, viewed merely m

,.iioii nf pri'iKTty !•> thf (.lavrhnl'lir .: >.iTti<>n
•1^. I iiimu. him aviry iin|KTf.e« > ■■!■ iti<>n nf
ip^iitnliun.aiid the ini|«)«Mlidii> 1 .im|i»h-
^Ulioiit di*iu*l«Ts un('.xuni|>li •! in ilu- hi».
>rld. 'I'll iiiidi rstaiid it« ii.ttiir»'
fully, it iiiii>t 111- beiriH' ill mind
j , ..,l..r^. ..-. ... v-.r^».. Mithorn ."^taten

■4 It «

,,rv <( ''"•"
i i,„i-.rtaiMf I . .

laverj'. as it exmls in tin

i^-linlintr uiidtT theSuitiuni ull ihr -lavelmld-

' f St»ti"<). iuvolveH liol only the itlalinii of

i'.tcr slid i»liive, but, ul.io, the sm ml uid polili-

"freht'""" ol'tw" races, ul nenilv .luai iiuiii-

li!r4 from ditfereiit (luorters •.! tiio jrlnl«.,

,'ii the iii"'t o)i|io*ito of all iitlu-rM in tvery

* riiL'il4f '''"^ distintruishes one rare of nieii

!*ia niothtT- Kmancipalion would de.stri>y

ii ,0 relttti'iiis— woidd divest the inahters of

,'''J[ jipijorty, and subvert the relation, social

.CliMiliticid.'that has exir^ted U'twceii the races

,' ,ii aliiii/st the lirst setllemeut of the .SoutluTii

syjt... It is not the intention of the cominittee

t,) dwell I'U the pecuniary aspect of this vital

.' Iiirt the vast amount of property involved.

' ,;i m least to !|i;'J5O,0(M).0l)(» ; the ruin of

fliilie-and individuals; the impoverishmtnt and

lu-tiatioii of an entire section of the Union, and

latal I'l'J^*' thftt would 1x3 |?iven to the pro-

djcuoiis of the irreat agricultural staples, on

iiiilmil tiie commerce, the navipation, the nuinii-

j'lures. and the revenuo of the country, almost

tiilirelv depend. As jireat as lhe.se disasters

noulilk they are nothin(r, compared to what

liu«t follow the subversion of the existiuf; rela-

iiji liotnien the two races, to which the com-

litee will conlino their remarks. Under this

l,itiim, the two races have lonR lived in |)eacc

,1 iiiusiieritv, and if not disturbed, would loii^

luniiniie so lii live. AVhilo tho European race

.rapidly increased in wealth and nunibers, and

thei^ame time has maintained an equality,

kast, morally and intellectually, with their

tthien of the non-slaveholding States ; the

ifiican race has multiplied with not less rapidity,

|cc iinpauied by great improvement, td'j sically

jil intellectually, and the enj.-^m'Jiit of a de-

fte of comfort with which '.he lab^iing class

I few comitries can compare, and confessedl'-

«tly superior to what tho free jieople of t!iO

nie race possess in the non-slaveholding States.

I may, indeed, be safely asserted, that there is

(ciamplc in history in wdiich a savage people,

ich as their ancestors were when brought into

country, have ever advanced in the same

iridd so rapidly in numbers and improvement.

I destroy the existing relations wouhl bo to

Istruythis prosperity, and to place the two

«sina state of conllict, which must end in

[ expulsion or extirpation of one or tho other.

I other can be substituted, compatible with

Jtir peace or security. The difficulty is in the

IcrMty of the races. So strongly drawn is tho

t between the two, in consequence of it, and

jttrentithened by the force of habit, and edu-

pon, that it is impossible for them to exist

lellier in the same community, where their

ukrB are so nearly equal us in the slavehold-

int: .*<tatii«, iindrr ony other rtlatioii than whii h
iK>w cxixlM. ,><.M-ial Biiil iMtliiiral i-pmlio U-
twten them i* iiiip<»«ilih<. \,, jkiw, r on citrih
can oveHnim the dilllrulty. The cmi-. » rii.i«t-
iiiji Iif toM deep in tho piinctple., i,\ our nature
to U' -iirinotint' d. Iliil, witlnpiit mi. Ii e.|nalit\,

to chaiii:'' the pn ■'•■ni i diiinn of Ow .Mri.aii

riier. Wire it iK)«.<il.h', would \h- l.iit t" rhan^ru
the fnnii ofhhivery. it wi.idd make iliem the
slaves iif the coiiiiiiuiuly, iiirtead if the slavi s
of individuals, with lest le^-pouniliilily and iii-
tel-est ill their welfiue oil llic |iiiil of" the eiilii-
Iiiilliity than is frit by their plexi ut ihaMtei<;
while it would ilestroy the s<eurity and iiid« -
P<Mulriiro of the Kuro|ieiiii rare, it ihi' .Vl'iifiiti
hbould be |M;nuitted to eimtiiuie in their eliail^-ecl
couditioii witliiii the limits of thov States.
Tliey would liiok to the other St.ites f..r support
and proteetiou.uiid would become, virtually, llieir
allies and dependents; and would thus place .ii
the hands of thofie .Stilus the most elleetuiil in-
strument to destroy the iiitliieiice andeontiol the
1 destiny of the rest of the I iiioii. It is ajtainst
this relation between the I ao races that the
I blind and eriminal zeal of the aliolitioiiists i.s
I directed — a relation that now preserves in quiet
I and security more than ('.,r)ii(i,00(» of human
beliifT'', and which cannot be deslro\ed without
destroying the peace and prosperity of nearly
half the .states of the rnion, and involving their
entire ]K>i)ulatioii in a deadly contliet, that must
terminate either in the expulsion or extirpation
of those who are the ohjeet of the mis^'uided ami
false humanity of tho.se wlio claim to be their
friends. He must bo blind, indeed, who dois
not iK'rceive that the subversion of a i elation
which must be followed with such disastrous
consecpiences can only In; effected by convulsions
that would devastate the country, burst asunder
the bonds of Union, and ingulf in a sea of blood
tlie institutions of tlie country. It is madness
to suppo.se that the slaveholding States wouhl
quietly submit to be sacriliced. Lvery con-
sideration — interest, duty, ami humanity, the
love of country, the sense of wrong, hatred of
oppressors, and treacherous and faithless con-
federates, and finally despair — would imiiel them
to tho most daring and desperate resistance in
defence of property, family, country, liberty,
and existence. But wicked and cruel as is the
end aimed at, it i.s fully equalled by the crimi-
nality of the means by which it is proposed to
bo accomplished. These, as has been stated,
consist in organized societies and a powerful
press, directed mainly with a view to excite the
bitterest animosity and hatred of the jjcoiilo of
the non-slaveholding States against tho citizens
and institutions of the slaveholding States.
It is easy to see to what disastrous results such
means must tend. Passing over tho more ob-
vious effects, their tendency to excite to insur-
rection and servile war, with all its horro's, and
the necessity which such tendency must impose
on tho slaveholding States to resort to the most
rigid discipline and severe police, to Am groat

584

TIlinXY YEARS' VIEW.

injury of tlic prepcnt condition of the slaves,
tlicre ri'mninR another, tlirenteninp; incalculable
mischief to the country. The incTitablo ten-
dency- of the means to wl-'cV the abolitionists
have resorted to effect their object must, if jwr-
sisted in, end in completely alienating the two
pieat sections of the Union. The incessont ac-
tion of hundreds of societies, and a vast i)rinting
establishment, throwing out daily thousands of
artful and inllannnatory publications, must make,
in time, a deep impression on the section of the
Union where they freely circulate, and are
mainly designed to have effect. The well-in-
formed and thoughtful may hold them in con-
tempt, but the young, the inexperienced, the
ignorant, and thoughtless, will receive the
poison. In process of time, when the number
of proselytes is suflQciently multiplied, the artful
and profligate, who are ever on the watch to
seize on any means, however wicked and dan-
gerous, will unite with the fanatics, and make
their movements the basis of a powerful politi-
cal party, that will seek advancement by diffus-
ing, as widely as possible, hatred against the
slaveholding States. But, as hatred begets
hatred, and animosity animosity, these feelings
would become reciprocal, till every vestige of
attachment would cease to exist between the
two sections, when the Union and the constitu-
tion, the offspring of mutual affection and confi-
dence, would forever perish. Such is the danger
to which the movements of the abolitionists ex-
pose the country. If the force of the obligation
is in proportion to the magnitude of the danger,
stronger cannot be imposed, than is at present,
on the States within whose limits the danger
originates, to arrest its further progress — a duty
they owe, not only to the States whose institu-
tions are assailed, but to the Union and consti-
tution, as has been shown, and, it may be added,
to themselves.

The insidiousness of this report was in the
assumption of an actual impending danger of the
abolition of slavery in all the slave States — the
destruction of nine hundred and fifty millions of
property — the ocean of blood to be shed — the
war of extermination between two races — and
the necessity forextraordinary means to prevent
tlicBc dire calamities ; when the fact was, that
there was not one particle of any such danger.
The assumption was contrary to fact : the re-
port was inflammatory and disorganizing : and
if there w i.' any thing enigmatical in its con-
clusions, it was sufficiently interprttcd in the
contemporaneous publications in the Southern
slave States, which were open in their declara-
tions that a cause for separation had occurred,
limited only by the conduct of the free States in
suppressing within a given time tlie incendiary

societies within their borders. This limiutj.^ I
would throw the respoasihility of diBnnion n^.
on the non-slaveholding States failing to %n^
press these societies : for disunion, in that a*
was foreshadowed in another part of this kjop
and fully avowed in contempora-y Southern m),
lications. Thus the report said :

" Those States, on the other hand, are w.
only under all the obligations which indeptmlic;
communities would be, to adopt such mca.<tin< I
but also under the obligation which the const I
tution superadds, rendered more sacred, if p^.
sible, by the fact that, while the Union ini[«,i« I
restrictions on the right of the slavchnlilii«|
States to defend themselves, it affords the me. I
dium through which their peace and security nil
assailed. It is not the intention of the coiiiiiiit.[
tee to inquire what those restrictions are.u)j|
what are the means which, under the constiit.)
tion, are left to the slaveholding States to pp> I
tect themselves. The period has not yet cent I
and tiiey trust never will, when it may be m.!
cessary to decide those questions; but come J
must, unless the States whose duty it is tosnf.f
press the danger shall see in time its mafrnituile I
and the obligations which they are under til
adopt speedy and effectual measures to am.>tiul
further progress. That the full force of thisobil
gation may be understood by all parties, titl
committee propose, in conclusion, to touch \n(\
ly on thu movements of the abolitionists, witil
the view of showing the dangerous consequcnal
to which they must lead ^" not arrested."

These were ominous intimations, to receinl
their full interpretation elsewhere, and indissoli-l
bly connecting themselves with the late disuniul
attitude of South Carolina — the basis of discofrl
tent only changed. Mr. King of Georgia ail
that positions had been assumed and principltil
insisted upon by Mr. Calhoun, not only incotl
sistcnt with the bill reported, but he thou^ksl
inconsistent with the "existence of the Uni«|
itself, and which if established and carried ii
practice, must hastily end in its dissolution." Mr.l
Calhoun in his reply pretty well justified thejtl
conclusions of the Georgia senator. He maddtil
point that the non-slaveholding States had tel
nothing yet to suppress the incendiary societial
within their limits ; and joining that non-actiii
of these States with a refusal of Congress top
this bill, he looked upon it as in vain to ei]
security or protection for the slaveholding Stt
except from themselves — from State intei
sition, as authorized in the Virginia resolulid
of 1798 ; and as recently carried out by M
Carolina in her nullification proceedin;,?;

ANXO 1835. ANDREW JACK80X, PRESIPEXT.

585

heir borders. This limiutm
respoasihility of dinunion up.
lolding States failing to sup.
ies: for disunion, in th»ta*
1 in another part of thiBRfor,
in contempora'y Southern pil.
the report said :

i, on the other hand, are w l
le obligations which indcixnilitt
iild be, to adopt such measures I
he obligation which the consu I
I, rendered more sacred, if p«. I
i that, while the Union ini[*i«|
the right of the skvcholdinjl
1 themselves, it affords the tit. I
hich their peace and security « I
not the intention of the commit. I
irhat those restrictions iK.M
icans which, under the constiio.!
the slaveholding Statestopw.!
, The period has not yet come, I
never will, when it may be »|
le those questions ; but come itl
le States whose duty it is to siJ
;r shall see in time itsma|:nitiiilel
ktions which they are under ul
nd effectual measures to amstiul
s. That the full force of thigoWil
J understood by all parties, thil
pose, in conclusion, to touch brittl
cments of the abolitionists, »iti|
)wing the dangerous consequcnta I
must lead ^" not arrested."

ominous intimations, to receini
pretation elsewhere, and indissolvj
; themselves with the late disunia
iith Carolina— the basis of discot
aged. Mr. King of Georgia oil
had been assumed and ^nmM
by Mr. Calhoun, not only incotl
he bill reported, but he thougktl
rith the "existence of the UmI
ichif established and carried iwl
hastily end in its dissolution." JIr,j
8 reply pretty well justified tii
the Georgia senator. He made ittl
non-«laveholding States had deal
3 suppress the incendiary societia
imits; and joining thatnon-ic|-
s with a refusal of Congress to|
3oked upon it as in vain to es
otection for the slavcholdingSt

themselves— from SUte int
horizcd in the Virginia resolut

as recently carried out by So:
her nullification proccedini^s; -

|y^ that nothing was wanted but "concert"
none theniBclves to place their domestic insti-
ktioa«. their peace and security under their own
jfltwtion and beyond the reach of danger. All
Lwasthu.'? intelligibly, and ominou.sly stated
ihisrcplytoMr. King:

-Thusfar(I say it with regret) our just hopes
UTc not been realized. The legi.slatures of the
louth, backed by the voice their constituents
ipre-sscd through innumerable meetings, have
illod upon the non-slaveholding States to re-
nss the movements made within the jurisdic-
U of those States against their peace and se-
ritT. Not " step has been taken ; not a law
s been passed, or even proposed ; and I ven-
■e to assert that none will be ; not but what
lere is a favorable disposition towards us in the
irtii, but I clearly see the state of political
jtics there presents insujierable impediments
, any legislation on the subject. I rest my
linion on the fact that the non-slaveholding
ktis.from the elements of their population,
i and will continue to be, divided and distract-
[iy parties of nearly equal strength ; and that
kh will always be ready to seize on every
fcvemcnt of the other which may give them the
Kriority, without much regard to consequcn-
L IS afl'ccting their own States, and much less,
note and distant sections. Nor have we been
B disappointed as to the proceedings of Con-
fs. Believing that the general government
, DO right or authority over the subject of
jtery. we had just grounds to hope Congress
|nld refuse all jurisdiction in reference to it,
irhateTer form it might be presented. The
f opposite course has been pursued. Aboli-
fttitions have not only been received in
1 Houses, but received on the most obnoxious
Idangerous of all grounds — that we are bound
kccive them ; that is, to take jurisdiction of
[question of slavery whenever the abolition-
imay think proper to petition for its abolition,
jer here or in the States. Thus far, then, we
ne elaveholding States have been grievously
(pointed. One question still remains to be
led that is presented by this bill. To refuse
iss this bill would be virtually to co-operate
ithe abolitionists — would be to make the
prs and agents of the post-office department
pet their agents and abettors in the cir-
jtion of their incendiary publications, in vio-
la of the laws of the States. It is your un-
[tionablo duty, as 1 have demonstrably
d, to abstain from their violation ; and, by
ing or neglecting to discharge that duty,
|«ould clearly eidist, in the existing contro-
, on the side of the abolitionists against the
icrn States, Should such be your decision,
fusing to pass this bill, I shall say to the
le of the South, look to yourselves — ^you
I nothing to hope from others. But I must
he Senate, be your decision what it may,
'outh will never abandon the principles of

this bill. If voii refuse co-operation with oul
laws, and conflict should ensue iKtwwn yoiir
and our law, the Soiitlu-rn Statos will liivi'i-
yield to the superiority of your-. We have a
remedy in our hands, whifh, in such events, w«
shall not fail to apply. Wo have liiiih authority
for asserting that, in such cases, ' State iutcriK)-
sition is the rightful remedy' — a ducfrinc tirst
annoimeed by Jetll-rson — adoj)tiil by the i^tri
otic and republican State of Kentiuky by a s«>
lemu resolution, in 171)8, and finally carrfcd out
into successful practice on a recent occa.sion, ever
to be remembered, by the gallant State which I,
in part, have the honor to represent. In this
well-tested and efficient remedy, stistained by
the principles developed in the report and assert-
ed in this bill, the slaveholding States have nn
ample protection. Let it be fixed, let it be riv-
eted in every Southern mind, that the laws of
the slaveholding Stifes for the protection of their
domestic institutions are paramount to the laws
of the general government in repul.ition of com-
merce and the mail, and that the latter must
yield to the former in the event of conflict ; and
that, if the government should refuse to yield,
the States have a right to interpose, and we are
safe. With these principles, nothing but concert
would bo wanting to bid defiance to the move-
ments of the abolitionists, whether at home or
abroad, and to place our domestic institutions,
and, with them, our security and peace, under
our own protection, and beyond the '^>ac!i of
danger."

These were very significant intimations. Con-
gress itself was to become the ally of the aboli-
tionists, and enlist in their cause, if it did not
pass his bill, which was opposed by Southern
senators and founded upon a minority report
of a Southern committee selected by Air. Cal-
houn himself. It was well known it was not to
pass ; and in view of that fact it was urged upon
the South to nullify and secede.

Thus, within two short years af\er the "com-
promise " of 1833 had taken Mr. Calhoun out of
the hands of the law, he publicly and avowedly
relapsed into the same condition; recurring again
to secession for a new grievance ; and to be re-
sorted to upon cuntmgencies which he knew to
be certain ; and encouraged in this course by
the success of the first trial of strength with the
federal government. It has been told at the
proper place— in the chapter which pave the
secret history of the compromise of 1833 — that
Mr. Webster refused to go into that measure,
saying that the time had come to try the strength
of the constitution and of the government : and
it now becomes proper to tell that Mr. Clay, af-
ter seeing the relapse of Mr. Calhoun, bocamo

MBM

586

THIRTY YEARd' VIEW.

doubtful of llie correctness of his own policy in
that affair ; and often eaid to his friends that,
"in lookinj? hack uj)on the whole case, ho had
serionsly doublud the policy of his interference."
Certainly itwa.s a niofct deplorable interference,
arresting tho process of the law when it was on
the point of settling every thing without hurting
a hair of any man's head, and putting an end to
jiullificalion forever; and giving it a victory,
real or fancied, to encourage a new edition of
the same proceedings in u far more dangerous
and pervading form. But to return to the bill
before the Senate.

" ilr. M'ebster addressed the Senate at length
in opposition to the bill, commencing his argu-
ment against what he contendetl was its vague-
ness and obscurity, in not sufficiently defining
wliat were the publications the circulation of
which it intended; to prohibit. The bill pro-
vided that it sho', id not be lawful for any depu-
ty postma-stcr, in any State, territory, or dis-
trict of the United States, knowingly to deliver
to any person whatever, any pamphlet, news-
l)aper, handbill, or other printed paper or pic-
torial representation, touching the subject of
slavery, where, by the laws of the said State, dis-
trict, or territory, their circulation was prohib-
ited. Under this provision, Mr. W. contended
that it was impossible to say what publications
might not be prohibited from circulation. No
matter what was the publication, whether for or
against slavery, if it touched the subject in any
shape or form, it would fall under the prohibi-
tion. Even tho constitution of the United States
might be prohibited ; and the person who was
clothed with the power to judge in this delicate
matter was one of the deputy postmasters, who,
notwithstanding f j difficulties with which he
was encompassed in coming to a correct deci-
sion, must decide correctly, under pain of being
removed from office. It would be necessary,
also, he said, for the deputy postmasters refef-
red to in this bill, to make themselves acquainted
with all tlie varioiis laws passed by the States,
touching the subject of slavery, and to decide
on them, no matter how variant they might be
with each other. Mr. W. also contended that
the bill contiicted with that provision in the
constitution which prohibited Congress from
jjassing any law to abridge the freedom of speech
or of the press. What was the liber,ty of the
press ? he asked. It was the liberty of print-
ing as well as the liberty of publishing, m all
the ordinary modes of publication ; and was
not the circulation of papers through the mails
an ordinary mode of publication? He was
afraid that they were m some danger of taking
a step in this matter that thc^ might hereafter
have cause to regret, by its being contended
that whatever in this bill applies to publications
touching slavery, applies to other publications

that the States might think proper to piv,u J
and Congress might, under this oxamtilJ
called upon to i«is.s laws to supj)re.s,s tln/ifrj
tion of political, religious, or any othtr i^:^
tion of publications which prodiiad ixcitHnii
in the States. Was this bill in acconlanrp^
the general force and temf)er of the constinnJ
and its amendments ? It was not in accotrJi
with that provision of the instrunntit nm
which the freedom of speech and (jf the ^^
was secured. Whatever laws the .State Vt^
tures might pass on the subject, Conm*/
restrained from legislating in any manner win
ever, with regard to the press. Ic would v^
mitted, that if a newspaper came directtii i
him, he had a property in it ; and imw wi
any man, then, take that projierty nnd burjj
without duo form of law? and he did not km
how this newspaper could be pronoiincnj ^
unlawful publication, and having no propertr j
it, without a legal trial. Mr. W. argued ajaiM
the right to examine into the nature cf public
tions sent to the post-office, and said that tl
right of an individual in his papers was seen
to him in every free country in the world,
England, it was expressly provided that tl
papers of the subject shall bo free from all J
reasonable searches and seizures— janfjusal]
said, to be found in our constitution. W
principle established in England, bo essential 1
liberty, had been followed out in France, wl*
the right of printing and publishing was ».,
in the fullest extent ; the individual puULsL
being amenable to the laws for what he \i\iM
ed ; and every man printed and published w j
he pleased, at his peril. Mr. Wehsterwent^
at some length, to show that the bill was (
trary to that provision of the constitution win
prohibits Congress to pass any lawnhri
the freedom of speech or of the pa-ss."

Mr. Clay spoke against the bill, saying:

" The evil complained of was the circnliiij
of papers having a certain tendency. Thei
pers, unless circulated, did no harm, and wlj
in the post-office or in the mail, tliey were i
circulated — it was the circulation solely wiij
constituted tho evil. It was the taking tli^
out of the mail, and the use that was to l^n
of them, that constituted the mi.schicf. Tb
wa<» perfectly competent to the State antW
to apply tho remedy. Tho instant that a j
hibited paper was handed out, whether to id
zen or sojourner, he was subject to tl:?
which might compel him either to sun
them or burn them. He considered the I
only unnecessary, but as a law of a dati^
if not a doubtful, authority. It was objei
that it was vague and indefinite in its ciisn
and how is that objection got over? Thfl]
provided that it shall not be lawful foranyi
ty postmaster, in any Stvte, territory, ori|
trict of the United States, k nowingly to dti
to any person whatever, any i<ampliiet, nen

iliifl I ''ir.

aXNO 18S0. ANDREW JACK>t»X, rilF-SIDKNT.

587

Tiiirht think proper to p^y,i>:,i
miplit, under this exani|,l(> |,
ass laws to supprt'ss tlutirrt,
, relifjious, or any otlitT i\i:^,^
ions which produa'd ixcitiwi;!
"Was tills bill in acoordanr.. , ;j
:e and tcminT of the contittwin
leuts ? It was not in acciplj
vision of the instnimint in,.
;dom of speech and (if the pn,
Whatever laws the State V'^tj,
is6 on the subject, Conpresst
n legislating in any nmniier win
ird to the press. I c w<mid be i,
f a newspaper came dirertddi
i property in it ; and linw vri
L take that proiierty and btimj
jrm of law? and he did notkw
vspaper could be pronounftiii
lication, and having no prnpertyl
legal trial. Mr. W. argued Rail/
ixamine into the nature of pullkj

the post-ofBce, and said thati!
tdividual in his papers was ^m
>ry fi"ee country in the world,
was expressly provided that i
8 subject shall be free from ilh
Earches and seizures— lanimagt,!
found in our constitution, llj
ablished in England, so csstntiil
been followed out in France, wU
printing and publishing was mA
t extent ; the individual \d>\0
Lble to the laws for what he pubM
TV man printe<l and published »i
at his peril. Mr. Webster rat ^
rth to show that the bill was i
l provision of the constitution kIi

ongress to pass any lawabr*'-
I of speech or of the press."

spoke against the bill, saying:

I complained of was the circulii
laving a certain tendency. The J
J circulated, did no harm, !
-office or in the mail, they were i
-it was the circulation solely »«
, the evil. It was the taking tl-
mail, and the use that was to bet.
,at constituted the mischief. Thi
tlv competent to -he State autbon!
/remedy. The instant thau,
aer was handed out, whether toad
ourner, he was subject tot e^.
rht compel him either to suw
arnthem. He considered the M
cessary.but as a law of a danp
loubtfui, authority. l,ya.^#
«vague and indefinite mitscb™

8 that objection got over? m
hatitshallnotbelawfulforanTjJ

Jiter, inanySt.xte,terntor)'H

,« United States, KnowinKytojJ

rson whatever, any paniplilet,iie«!

, vji,di,ill, or other printed paper or pictorial

sntatiiiii- touching the subject of slavery,

^?l,v the l»"s of the said State, territory,

'"^'j,;,tl,eir circulation is prohibited. Now,

*"" ,j,„jj be more vague and indelinite than

d'icnplion 1 Now, could it Ijc decided, by

' iescniiti*"') what publications should be

ihilJ from distribution? The gentleman

' Pciiiisvlvania said that the laws of the

Lwouiii supply the omission. He thought

iwnator was premature in saying that there

Lj Ik) precision in State laws, before he

Led it by producing the law. lie had seen

irh law. aiul he diti not know whether the

jtnption

in tiie bill was applicable or not.

L*"^^ another objection to this part of the

|. n anplied not only to the present laws of

lst,ites but to any future laws that might

I Mr.C. denied that the bill applied to the

Uoldin? States only ; and went on to argue

iii could be applied to all the States, and to

[puWication touching the subject of slavery

fever, whether for or against it, if such pub-

Ln w!»3 on'y prohibited by the laws of such

Thus for instance, a non-slaveholding

J mii'ht prohibit publications in defence of

lia^tftution of slavery, and this bill would

r to it as well as to the laws of the slave-

Ec states ; but the law would be inopcra-

[t declared that the deputy postmaster

id not be amenable, unless he knowingly

(deliver, &c. Why, the postmaster might

liirnoance, and of course the law would be

lut he wanted to know whence Congress
fed the power to pass this law. It was said
it was to carry into effect the laws of the
Where did they get such authority?
joujiht that their only authority to pass
lias in pursuance of the constitution ; but
\i laws to carry into effect the laws of the
|B. was a most prolific authority, and there
) knowing where it was to stop ; it would
[the legislation of Congress dependent upon
sislation of twenty-four diiJcrent sove-
lle thougiit the bill was of a most
.«U5 tendency. The senator from Penn-
tia asked if the post-office p> iwer did not
fem the right to regulate what should be
lin the mails. Why, there was no such
I as that claimed in the bill; and if they
j such a law, it would be exercising a most
■ous power. Why, if such doctrine pre-
Itbc government might designate the per-
Ir parties, or classes, who should have the
I of the mails, excluding all others."

M the voting cuino on ; and, what looks
mtly curious on the outside view, there
Irce tic votes successively—two onamend-
land one on the engrossment, of the bill.
po ties oil amendments stood fifteen to
^the absentees being eighteen : one third

of the .Senate : the tie on eiiprosHiufiit wa.s eij;h'
teen to eighteen — the absentees being twelve:
one fourth of the Scn.atc. It "as Mr. CiiHionn
who called for the yeas and nav.s on each of
these questions. It was evident that there wa,>*
a design to throw the bill into the hamis of the
Vice-President — a New-Yorkir, and the pro-
minent candidate for the presidency. In coni-
mittee of the whole he did not vote in the ca.s«^
of a tie ; but it was necessary to establish an
equilibrium of votes them to be ready for the
ininiediato vote in Senate on the engrossment ;
and when the committee tie was tleranged by
the acccs.sion of three votes on one side, the
equilibrium wa.s immediately re-established by
three on the other. Mr. Van Buren, at the mo-
ment of this vote (on the engrossment) was out
of the chair, and walking behind the colonnade
back of the presiding officer's < iiair. My eyes
were wide open to what was to take place. i.Ir.
Calhoun, not seeing him, eagerly and loudly
asked where was the Vice-President ? and told
the Scrgcant-at-arms to look for him. But he
needed no looking for. He was within hearing
of all that passed, and ready for the contingency :
and immedirtely stepping np to his chair, and
standing up, promptly gave the casting vote in
favor of the engrossment. I deemed it a polit-
ical vote, that is to say, given from policy ; and
I deemed it justifiable under the circumstances.
Mr. Calhoun had made the rejection of the bill
a test of alliance with Northern abolitionists,
and a cause for the secession of the Southern
States : and if the bill had been rejected by Van
Burcn's vote, the whole responsibility of its loss
would have been thrown upon him and the
North; and the South infiamed against those
States and himself — the more so as Mr. White,
of Tennessee, the oppo.«ing democratic candidate
for the presidency, gave his votes for the bill.
Mr. Wright also, as I believe, voted politically,
and on all the votes both in the committee and
the Senate. lie was the political and the per-
sonal friend of the Vice-President, most confi-
dential with him, and believed to be the best
index to his opinions. He was perfectly sensi-
ble of his position, and in every vote on the
subject voted with Mr. Calhoun. Several other
senators voted politically, and without com-
punction, although it was a bad bill, as it was
known it would not pass. The author of this
View >\ould not so vote. He was tired of the

588

nilRTV YEARS' VIF.W.

eternal cry of dissolving the I'nion — did not
believe in it — nud would not pive a ropupnant
vote to avoi<l the trial. The tic vote havinp
been effected, and faile<l of its cxpccte<l result,
the Senate afterwards voted quite fully on the
final passage of the bill, and rejected it — twenty-
Hve to nineteen : only four absent. The yeas
were : Messrs. Black, Bedford, Brown, Bucha-
nan, Calhoun, Cuthbert of Georgia, Grundy,
King of Alabama, King of Georgia, Mangnm,
Moore, Nicholas of Louisiana, Alexander Porter,
Preston of South Carolina, Rives, Robinson,
Tallmadge, Walker of Mississippi, White of Ten-
nessee, Silas Wright. The nays were : Messrs.
Benton, Clay, Ciittenden, Davis of Massachu-
setts, Ewing of Illinois, Ewing of Ohio, Golds-
borough of Jfaryland, Hendricks, Hubbard,
Kent, Knight, Leigh, McKean of Pennsylvania,
Thomas Morris of Ohio, Naudain of Delaware,
Niles of Connecticut, Prentis.i, Ruggles, Shepley,
Southard, Swift, Tipton, Tomlinson, Wall of
New Jersey, Webster : majority six against the
bill ; and seven of them, if the solecism may be
allowed, from tho slave States. And thus was
accomplished one of the contingencies in which
" State interposition " was again to be applied
— the " rightful remedy of nullification " again
resorted to — and the " domestic institutions "
of tho Southern States, by "concert" among
themselves, " to bo placed bej'ond tho reach of
danger."

CHAPTEll CXXXII.

FRENCH AFFAinS— APPKOACU OF A FRENCH
SQUADRON-ArOLOQY REQUIRED.

Is his annual message at the commencement of
the session tne President gave a general state-
ment of our aifairs with France, and promised a
special communication on the subject at an early
day. That communication was soon made, and
showed a continued refusal op the part of France
to jiay tho indemnity, unless an apology was
first made ; and also showed that a French fleet
was preparing for tho American seas, under cir-
cumstances which implied a design either to
overawe the American government, or to be
ready for expected hostilities. On the subject
of the apology, the message suid :

" WhiiRt, however, tho povernmont r/
l'nite<l Stiitcs was awaiting the rr.dvciw,
the French povemment, in pt.fect confiL
that the diflRculty wa« at an end. the ,Srw
of State received a call from the FrcnVri.
d'affaires in Washington, who desired lor
him a letter ho had received from th* f^
minister of foreign affairs. He was nslwij
ther he was instructed or directed to nm
official communication, and replied that \ !
only authorized to read the letter, and fn.^J
copy if requested. It was an attempt t i
known to the government of the I'nitci Li
privately, in what manner it could make fn
nations, apparently voluntary, but really Hj
by France, acceptable to her, and tiiu? i
payment of the twenty-five miiljoni! (,f f-.
No exception was taken to this mode of ^
munication, w^hich is often used to pn.w j
way for official intercourse; buttlie.«unr[«l
made in it were, in thcT substance, whoi^
admissible. Not being m the slmpe of anos
communication to this government, it diij
admit of reply or official notice ; nor couL
safely be made the basis of any action lirl
Executive or the legislature ; and the Siicrt
of State did not think proper to ask acopTi
cause he could have no use for it."

One cannot but be struck with the ejtj
moderation with which the President gival
history of this private attempt to obtaiml
tated apology from him. He recountsits
and quietly, without a single expression di
tatcd feeling ; and seems to have met aixll
aside the attempt in the same quiet manii'J
was a proof of his extreme indisposition toif
any collision with France, and of his i
determination to keep himself on the ri»!it|
in tho controversy, whatever aspect it i
assume. But that was not the only tn
which his temper was put. The attempt ti
tain the apology being civilly repulsed, dl
proffered copy of the dictated terms rcfia
be taken, an attempt was made to get tbat^
placed upon tho archives of the govea
with the view to its getting to Conjns(,|
through Congress to the people ; to 1
point of attack upon the President for notf^
the apology, and thereby getting the i
from France, and returning to friendly i
with her. Of this attempt to get a rcfu
per upon our archives, and to maiieit(f
as an appeal to the people against tbeir|
government, tho President (still presort
his moderation), gives this account :

" Copies of papers, marked Nos, 9, 1

ANNO 1836. ANDREW JACKSON. rRF:sinENT.

589

owcver, the povornmont <( <
was awaititiR Ihf movfrnnitji
ovcrnment, in pcfi-ct runfA
ulty was at an end. the Sti
10 had received from ttip f,
»rci(m affairs. lie was a>U! , ,
nstructcd or directed to naif ,
unication, and replied that 1*3
icd to read the letter, and hn^
sted. It was an attempt 1 1
B povemment of the Vnitcil <
what manner it could make m
rcntly voluntary, hut really d*
cceptable to her, and tlius (
the twenty-five millions df tn
n was taken to this mode of (
which is often used to invpmj
cial intercourse ; buttlicMip
,vere, in the'r substance, wholijj
Not being in the shape of an oijl
;ion to this government, it did j
eply or official notice ; nor conlj
jade the basis of any action btj
jr the legislature; andlheSeciii
d not think proper to ask acopr,]
>uld have no use for it."

not but be struck with the m
a. with which the President gi™j
this private attempt to obtanij
)gy from him. He recounts it s
y, without a single expression o(|
ng } and seems to have met a
attempt in the same quiet manra
of of his extreme indisposition tolj
sion with France, and of his ]
ition to keep himself on therijitj
.ntroversy, whatever aspect it i
But that was not the only tn

the part

h,»n attempt on .

" - • many weeks

i temper was p'

lut. The attempt t(

,f J'alVaires. .
.copy of thispnricr among the
;^ Ji'mnicnt, which for obvious
:,. allowed to be done ; but the

of the French
afterwartls, to
archives
^f^ason8,
assurance

ipology being civilly repulsed, aiil
copy of the dictated terms rcfd
an attempt was made to get ttiti

Ipon the archives of the goveia
view to its getting to Conpta,]
Congress to thie people; to bw
attack upon the President for not]
ogy, and thereby getting tb

lince, and returning to friendly
Of this attempt to get a rctu
our archives, and to make it

ppeal to the Fopl« «Sai°^t tbw]
lent, the President (stUl preset

eration), gives this account;
of papers, marked Nos. 9, 10.1

les I

I civen was repeated, that any official com-
•aiion which ho might be authorized to
""in the accustomed form would receive a
"lit and iu5»t consideration. The indiscretion
J!!;, ,ttcmpt was mode more manifest by the
iiHDt avowal of the French charge d'of-
thatthe object was to bring the letter
«Con<^ress and the American people. If
L j^nts on a subject of disagreement be-
ta tlwir covcmmcnt and this, wish to prefer
' j1 to the American people, they will
ttfter it is hojKid, better appreciate their
iriirhts and the respect due to others, than
L ' pt'to use the Executive as the passive
n of their communications. 1 1 is due to the
jctcrof our institutions that the diplomatic
our^^e of this government should be con-
(ihvith the utmost directness and simplicity,
Ithat in all cases of importance, the com-
Vationa received or made by the Executive
Id assume the accustomed official form. It
[iT byiasisting on this form that foreign
trs can be held to full responsibility; that
, communications can be officially replied
w that the advice or interference of the
atiire can, with propriety, bo invited by the
dtnt. This course is also best calculated,
.one hand, to shield that officer from un-
Uuspicions ; and, on the other, to subject
ortion of his acts to public scrutiny, and,
asion shall require it, to constitutional
dversion. It was the more necessary to
' to these principles in the instance in ques-
nasmuch as, in addition to other important
sts, it very intimately concerned the na-
honor; a matter, in my judgment, much
cred to be made the subject of private and
cial negotiation."

^ing shown the state of the question, the
ent next gave his opinion of what ought
^one by Congress ; which was, the inter-
i of our ports to the entry of French ves-
French products:— a milder remedy
^liat of reprisals which he had recom-
1 at the previous session. lie said :

; time that this unequal position of af-

ihould cease, and that legislative action

I be brought to susiain Executive exertion

^measures as the case requires. While

I persists in her refusal to comply with

ma of a treaty, the object of which was,

lOfing all causes of mutual complaint, to

iicicnt feelings of friendship, and to unite

» nations in the bonds of amity, and of a

lly beneficial commerce, she cannot justly

pn if we adopt such peaceful remedies as

r of nations and the circumstances of the

case may authorizo ami di'mnnil. Of the nature
of thcpc rvinedifs I havo luTi't'iforc hnd M-casion
to speak; and, in nTircnr-o t" a particular ron-
tinpency, to cxpresH my ronvirtiim tlcit repri'^als
would Ijc Ik-hI adapted to the etiurv'cnrv then
contemplated. Since that perioil, Frann'. by all
the departments of her povcriiniiiit.lms acknow-
ledged the validity of our rhiinis and the ohlijra* :
tions of the treaty, and h.is appropriated the,
moneys which arc ncces.sary to its execution ;
and though {mymcnt is withiield on grounds
vitally important to our existence as an inile-
pcndent nation, it is not to l)e believed that she
can have determined pennanently to retain a
position so utterly indefensible, in the altered
state of the miestions in controversy, and undc^
all existing circumstances, it appears to nic that,
until such a determination shall have become
evident, it will bo proper and sufficient to re-
taliate her present refusal to comply with her
engagements by prohibiting the introduction uf
French products and the entry of French vessels
into our ports. Between this and the interdic-
tion of all commercial intercourse, or other re-
medies, you, as the representatives of the people,
must determine. I recommend the former, in
the present posture of our aifairs, as being the
least injurious to our commerce, and as attended
with the least difficulty of returning to the usual
state of friendly intercourse, if the government
of France shall render us the justice that is due ;
and also as a proper preliminary step to stronger
measures, should their adoption be rendered ne-
cessary by subsequent events."

This interdiction of the commerce of France,
though a milder measure than that of reprisals,
would still have been a severe one — severe at
any time, and particularly so since the formation
of this treaty, the execution of which was so
much delayed by France ; for that was a treaty
of two parts — something to be done on each sidt
On the part of France to pay us indemnities : on
our side to reduce the duties on French wines:
and this reduction had been immediately made
by Congress, to take effect from the date of the
ratification of the treaty; and the benefit of that
reduction had now been enjoyed by French
commerce for near four years. But that was
not the only benefit which this treaty brought
to France from the good feeling it produced in
America: it procured a discrimination in favor
of siiks imported from this side of the Cape of
Good Hope — a discrimination inuring, and in-
tended to inure, to the benefit of France. The
author of this View was much instrumental in
procuring that discrimination, and did it upon
conversations with the then resident French
minister at Washington, and founding his ai-gu-

590

THIRTY YEARS' VIEW.

went ii]ion data jh'rived from him. The data
Wire t« chow that the discrimination would \)C
litiiefKriftl to the trade of liolhcotintrics; but the
itidticin;; cause was pood-will to France, and a
desire to bury all recollection of past difTcrenccR
in our emulation of good works. This view of
the treaty, and a statement of the advantages
which Franco had obtained from it, was well
Fhown by Mr. Buchanan In his speech in sup-
port of the message on French affairs ; in which
he said :

"The government of the United States pro-
ceeded immediately to execute their part of the
treaty. By the act of the 13th July, 1832, the
duties on French wines were reduced according
to its terms, to take effect from the day of the
rxchange of ratifications. At the same session,
the Congress of the United States, impelled, no
doubt, by their kindly feelings towards France,
which had been roused into action by what they
believed to be a final and cquitpblo settlement
of all our disputes, voluntarily reduced the duty
npon silks coming from this side of the Capo of
Good Hope, to five jtcr cent., whilst those from
beyond were fixed at ten per cent. And at the
next session, on the 2d of March, 1833, this duty
of five per cent, was taken off" altogether ; and
ever since, French silks have been admitted into
our country free of duty. There is now, in fact, a
discriminating duty of ten per cent, in their favor,
over silks from beyond the Cape of Good Hope.

" What has France gi ined by these measures
in duties on her wines aud her silks, which she
would otherwise have been bound to pay ? I
have called upon the Secretary of the Treasury,
for the purpose of ascertaining the amount. I
now hold in my hand a tabular statement, pre-
pared at my request, which shows, that had the
duties remained what they were, at the date of
the ratification of the treaty, these articles, sinco
that time, would have paid into the Treasury,
on the 30th September, 1834, the sura of
$!3,061,525. Judging from the lai^e importa-
tions which have since been made, I feel no hesi-
tation in declaring it as my opinion, that, at the
present moment, these duties would amount to
more than the whole indemnity which France
has engaged to pay to our fellow-citizens. Be-
fore the conclusion of the ten years mentioned
in the treaty, she will have been freed from the
payment of duties to an amount C9nsiderably
above twelve millions of dollars."

It is almost incomprehensible that there
should have been suchdelaj' in complying with a
treaty on the part of France bringing her such
advantages ; and it is due to the King, Louis
Philippe to say, that he constantly referred the
delay to the difficulty of getting the appropria-
tion through the French legislatiye chambers.

ITc often applied for th*» appropriation 1,h,
not venture to make it an a«IminiMrsti„r j
tion ; and the offensive demand for t!i( „J
came from that quarter, in the shape . f j.l
preccdentd proviso to the law (wl.cn "i
pass), that the money was not to W ta,i,
there had been an apolog}'. Tiic onlvdi,,!
to the King's conduct was that he ilid n,,i
the appropriation a cabinet measure, and itI
sues with the chambers ; but that otijiction J
become less since ; and in fact totallv disarift
from seeing a few years afterwards, t|ie,
with which the King was expelled friii]
throne, and how uuablo he was to tn- i
with the chambers. The elder branch o(j
Bourbons, and nil their adhcrcnt.'i, were unfrii
ly to the United States, consideringthe Am
revolution as the cause of the French rcvolmjl
and consequently the source of all tlieir nj
five years of exile, suffering and death. Tliel
publicans were also inimical to him and a
with the legitimists.

The President concluded his mes-agei
stating that a large French naval an
was under orders for our seas; and saiJ;

" Of the cause and intent of these ara^
I have no authentic information, nor anvn
means of judging, except such as arc coram
yourselves and to the public ; but wliatowrj
be their object, we are not at libeitvtot^
them as unconnected with the mea.siire<i
hostile movements on the part of France j
compel us to pursue. They at leasi im
be met by adequate preparations on oiir<
and I therefore strongly urge larfrcandsi
appropriations for the increase of the nju]
the completion of our coast defences.

" If this array of military force be ralrl
rfgned to affect the action of thegovcmMl
people of the United States on the qiiestioai j
pending between the two nations, then i
would it be dishonorable to pause a inonKij
the alternative which such a state oft
would present to us. Come what may, tk
planation which France demands can im
accorded; and no armament, however pen
and imposing, at a distance, or onourcc«J
I trust, deter us from discharging the li
ties which we owe to our constituent!, t)|
national character, and to the world."

Mr. Buchanan sustained the me;«inj
careful and well-considered review of this i|
French question, showing that the deni
an apology was an insult in aggravation^
injury, and could not be given without u
degradation ; joining the President in liil

ANNO 1830. ANDRFAV .lACKSON, nUMDRNT.

991

lied for the npproprintion ir.i V
to tnako it on wimini.'traii.'.,
e offensive demand for tin m.j,
lat quarter, in the shape .fj.j
proviso to the hvw (wltn
he money was not to Wjui,
en an apologj'. Tlie only (,ti(
s conduct was that ho ilid n,! j
ation a cabinet measure, anil i:t|
ic chambers ; but that olijtctiotl
since ; and in fact totally disapjn
a few years afterward?, the j
1 the King was expelled frin|
i how unable he was to tn-
lambcrs. The elder branch o[j
,nd nil their adherents, Wfreunfni
lited States, considering the AimiJ
IS the cause of the French zcnm
iiently the source of all their twj
f exile, suffering and death. Tb(j
were also inimical to him, and i
gitimists.

jsident concluded his mes-agei
at a largo French naval an
orders for our seas; and saiJ;

cause and intent of these arm
luthentic information, nor anyt
adging, except such as arc coraim
I and to the public; butwhatowi
jject, we are not at liberty ton
nconnected with the niea.siirMi
(vements on the part of France j

to pursue. They at least desen
r adequate preparations on ciiri
•eforo strongly urge larpcands^il
:ion8 for the increase of the njTj,|
etion of our coast defences,
I array of military force be
affect the action of the gOTcmni«iit
the United States on the questimij
letween the two nations, then i
oe dishonorable to pause a mom
native which such a state of i
esent to us. Come what mar, til

which France demands can m
; and no armament, however pen
sing, at a distance, or ononroosaj
Icterus from discharging the li '
;h we owe to our constitueiitj,t)|
character, and to the world."

;uchanan sustained the messj? I
nd well-considered review of this ^
question, showing that the ta
gy was an insult in aggravation^
and could not be given without u"
tion; joining the President in laj

, g^<iiro» for preserving the rights and honor

■y criuntry ; declaring that if hostilities came

,r Wire jircferable to disgrace, and that the

wurM would put the blame on Franco.

\f t'alliimn took a different view of it, declar-

• that the state of our atfuirs with Fnmce was
L itft'Ct of the l'resident'8 !uismanagemei>t, and
lit if wMr came it would l)c entirely his fault;

1 atlinmd hi-t deliberate belief that it wm the
\iiiltnt'-; design to have war with France.
i ;ai<l :

t] f^^j that the condition in which the conn-

• is now placed has been the result of a <lelib-
Ite anil systematic policy. 1 am bound to
•k mv sentiments freely. It is due to my
f litiitents and the country, to act with per-
t candor and truth on a question in which

tr interests is so deeply involved. I will not
Tt that the Executive has deliberately aimed
[war from the commencement ; but I will say
It, from the beginning of the controversy to
I present moment, the course which the Pre-
tnt has pursued is preci.sely the one calcula-
I to tcrnilnato in a conflict between the two
lionj. It has been in his power, at every pe-
. to pvc the controversy a direction by which
I pe«c of the country might be preserved,
Ihout the least sacrifice of reputation or hon-
I but he has prefei red the opposite. I feel
LMr. C.)how painful it is to make these
iirations ; how unpleasant it is to occupy a
ption which might, by any possibility, be con-
1 in opposition to our country's cause ;
L in my conception, the honor and the inter-
|of the country can only be maintained by
Ming the course that truth and justice may
htc. Acting under this impression, I do not
itatc to assert, after a careful examination of
I documents connected with this unhappy
Irovcrsy, that, if war must come, we are the
lors— we are the responsible party. Stand-
las I fear we do. on the eve of u conflict, it
Vd to me have been a source of pride and
liurc to make an opposite declaration ; but
pcred regard to truth and justice, which, I
;, will ever be my guide under the most dif-
t circumstances, would not permit."

Ir. Benton maintained that it was the con-
I of the Senate at the last session which had
1 to the French question its present and
Be aspect : that the belief of divided counsels,
of a majority against the President, and that
loked to moQey and not to honor, had en-
l the French chambers to insult us by
iiding an apology, and to attempt to in-
late us by sending a fleet upon our coasts.
Md:

'was in March last that the three millions

I and the fi.rtillr.ition bill wen* lo.^f ; Kin.-e then the
j whole nsyn'ct of the Fniirli (iiu^tinii js rliaiiL'e.i.
I The money is withliold, and .xpliui.iiion is <l.-
I ninnded, an ni.n|„^'y j.; pns<Tilic.l. iukI h Fivnch
I fleet approaclie.^. (hir gnvcniineiit. <-li:ir':e.|
I with ipsiiltinj; France, wluii no insult wiis
i intended l.-y u«, and none can Ih- (httcted in our
words by her, is itself openlv and viliiinvntlv in-
sulted. The ajwlogy i» to (iffrradc ns ; tlie'llert
to intimidate us; and the two tn^reilicr consti-
tute an instdt of the gravest eliiiiucur. There
in no iinrullel to it, except in the history of
France herself; but not France of the l'.»tli"ceii-
turj-, nor even of the 18th, but in the remote
and ill-n'gulated times of the ITtli cei tnrv. and
in the days of the proudest of the Fp luh kin^rs,
and towards one of the smallest Itiiliiin repul>-'
lies. 1 allude, sir, to what hajipened hetween
I-ouis XIV. and the Doge of Genoa, and will iva(|
the account of it fnnn the pen of \oltaire, in his
Age of Louis XIV.

" ' The (Genoese had built four pallevs for the
service of Spain ; the King (of FnuicI') forbade
them, by his envoy, St. Olon, one of his gentle-
men in ordinary, to launch tho.se galleys. Tiio
Genoese, incensed at this violation of their liber-
ties, and depending too much on the support of
Spain, refused to obey the order. Immediately
fourteen men of war, twenty galleys, ten bomb-
ketches, with several frigates, set sail from the
port of Toulon. They arrived befure Genoa,
and the ten bomb-ketches discharged 14.000
shells into the town, which reduced to ashes a
principal part of those marble edifice, which had
entitled this city to the name of Genoa the
Proud. Four thousand men were then landed,
who marched up to the gates, and burnt the
suburb of St. Peter, of Arena. It was now
thought prudent to submit, in order to prevent
the total destruction of the city. The King ex-
acted that the Doge of Genoa, with four of the
principal senators, should come and implore his
clemency in the palace of Versailles ; and, lest
the Genoese should elude the making this satis-
faction, and lessen in any manner the pomp of
it, he insisted further that the Doge, «ho was
to perform this embassy, should ' _ continued in
his magistracy, notwithstandi.ig the perpetual
law of Genooj which deprives the Doge of his
dignity who is absent but a moment from the
city. Imperialo Lercaro, Doge of Genoa, attended
by the senators Lomellinx), Garibaldi, Durazzo,
and Salvago, repaired to Versailles, to submit to
what was required of him. The Doge appeared
in his robes of state, his head covered with a
bonnet of red velvet, which he often took off
during his speech ; made his apology, the very
words and demeanoi- of which were "dictated and
prescribed to him by Seignelai,' (the French
Secretary of State for Foreign Affairs).

" Thu.s, said Mr. B., was the city of Genoa,
and its Doge, treated by Louis XIV. But it
was not the Doge who was degraded by this
indignity, but the republic of which he wae
chief magistrate, and all the republics of Italy,

■v\t

592

TIIHITY VKAllS' VIKW.

besides, wliich felt thcmwlves all humbled by
the outrage which a kin;; had inflicted upon one
ol'thiir niitnlar. So of the apolopry demanded,
and of the tli'ct font upon u», and in presence of
which I'residtnt Jackson, aci-onlinp; to the Cun-
ttilutiuini^l, is to make his decision, and to re-
mit it to the Tuilerics. It is not President
Jackson that is outraged, but the republic of
which he is I'rcsident ; and all existing repulj-
lics, wheresoever situated. Our whole country
is insulted, and that is the feeling of the whole
country; and this feeling pours in upon us every
day, in every manner in which public sentiment
can be maTiifestod, and especially in the noble
rescdvos of tlie States whose legislatures arc in
session, and who hasten to declare their adhe-
rence to the policy of th j special message. True,
President Jackson is not req,uircd to repair to
the Tuilcries, with four of his most obnoxious
senators, and there n-cito, in person, to the King
of the Fiench, the apology which ho had first
rehearsed to the Duke de Broglic; true, the
bomb-ketches of Admiral Mackau have not yet
fired 14,0U0 shells on one of our cities ; but the
mere demand for an apology, the mere dictation
of its terms, and the mere advance of a fleet, in
the present si ate of the world, and in the dif-
ference of parties, is a greater outrage to us than
the actual perpetration of the enormities were
to the Genoese. This ia not the seventeenth
century. President Jackson is not the Doge
of a trading city. We are not Italians, to be
trampled upon by European kings ; but Ameri-
cans, th'i descendants of that Anglo-Saxon race,
which, for a thousand years, has known how to
command respect, and to preserve its place at
the head of nations. We are young, but old
enough to prove that the theory of the French-
man, the Abbe Raynal, is as false in its applica-
tion to the people of this hemisphere as it is to
the other productions of nature ; and that the
belittling tendencies of the New World are no
more exemplified in the human race than they
are in the exhibition of her rivers and her moun-
tains, and in the indigenous races of the mam-
moth and the mastodon. The Duke de Brog-
lid has made a mistake, the less excusable, be-
cause he might find in his own country, and
perhaps in his own family, examples of the ex-
treme criticalncss of attempting to overawe a
community of freemen. There was a Marshal
Broglie, who was Minister at War. at the com-
mencement of the French Hevolution, and who
advised the formation of a camp of 20,0()0 men
to overawe Paris. The camp was formed. Parii
revolted ; captured the Bastile ; marched to Ver-
sailles ; i!:torraed the Tuilerics ; overset the
monarchy ; and established the Revolution. So
much for attempting to intimidate a city. And
yet, here is a nation of freemen to be intimi-
dated : a republic of fourteen millions of peo-
ple, and descendants of that Anglo-Saxon race
which, from the days of Agincourt iid Cressy,
of Blenheim and Ramillies, down to the days of
Salamanca and Waterloo, have always known

perfectly well how to deal with the imtittv
and fiery courage of the Frcncli." "*

Mr. Benton also showed that there «i, j
party in the French Chambers, woridng to ■
paratu the President of the United Stit^ fj
the people of the United States, and to i
him responsible for the hostile attitude r.f ikj
two coinitries. In this sense acted the (ioti
Mons. Henry de Chabaulon, whospolictlim'

" The insult of President Jackson wnrntf J
himself only. This is more evident, from ty
refusal of the American Conpross to (vnJ
with him in it. The French Chamijor, hry
terforing, would render the affair more scri™
and make its arrangement more dillicult i
even dangerous. Let us put the case too™
selves- Suppose the United States had fjH
part with General Jackson, we should liaveli
to demand satisfaction, not from him, but fn
the United States ; and, instead of now tii^jd
about negotiation, we should have had to d
appropriations fo.' a war, and to intrust to «,
heroes of Navarino and Algiers the task i
teaching the Americans that France knows t
way to Washington as well as England. '

This language was received with applaasa
the Chamber, by the extremes. It was the li
guage held s?x weeks after the rise of Cona
and when the loss of the three millions i
by the President for contingent preparation,!!
after the loss of the fortificR*ion bill, were ft!j
known in Paris. Another speaker in the Cli
ber, Mons. Ranc£, was so elated by these I
as to allow himself, to discourse thus :

" Gentlemen, we should put on one side of ti
tribune the twenty-five millions, on the oti
the sword of France. When the Ameria
see this good long sword, this very lonp im
gentlemen (for it struck down every thing h
Lisbon to Moscow), they will perhap.s recolli
what it did for the independence of their o
try ; they will, porhaps, too, reflect upon \
it could do to support and avenge the honora
dignity of France, when outraged by an ungn!
ful people. [Cries of ' well said I '] Bclievei
gentlemen, they would sooner touch youra
ncy than dare to touch your sword; ami I

Cir twenty-five millions they will bring j
k the satisfactory receipt, which it is j
duty to exact."

And this also was received with grcut apf
bation, in the Chamber, by the two cxtre
and was promptly followed by two royal i
dances, published in the Moniteur, underwli
the Admiral Mackau was to take romminif
a " squadron of observation," and proceed j

ANXO IdSil. ANMMAV .IA« K><)N. I'l'.r>II»i:NT.

593

also showed that (here »»,
ench Chambers, workiiij; to i
itlcnt of the United St»in fp
the United States, ami to nu.
) for tho hostile ttttilude rf t|
In this sense acted the licputJ
Ic Chabaulon, who spoke- thu;|

of President Jocksnn wtmiife
This is more evident, from lU
, American Conprcss to cnn,
t. The French ChamWjiyi
Id render the affair more mrm
arrangement more dilliculij
lis. Let us put the case too
ose the United States had ti.
leral Jackson, we sliould havei
tisfaction, not from him, hut ftL
atcs ; and, instead of now tilki^
,tion wo should have had tomi'
8 foi" a war, and to intrust too.
avarino and Algiers the task (
Americans that France knnwj i
lington 08 well as England.'

age was received with applansi
■ by the extremes. It was thel;
'z weeks after the rise of Cong
loss of the three millions «
lent for contingent preparation,!!
J of tho fortificft*">n bill, were fulj
iris. Another speaker in the Cb
lanc6, was so elated by these Im
limseif, to discourse thus:

len we should put on onesideoftl
twenty-five millions, on the oti
of France. "When the Ameria
d long sword, this very lonj; m
for it struck down every thin? fe
loscow), they will perhaps recol
for the independence of their r
irilL perhaps, too, reflect upon
to support and avenge the honon
ranee, when outraged by an mp»
[CrieB of 'well said!'] Mm
they would sooner touch youri
are to touch your sword; »ndl
y.five millions theywdlhragj
atisfactory receipt, which it i5 w
ict."

I also was received with great s]
the Chamber, by the two cxti
•omptly followed by two royal
ali8hedintheMoni7fHr,under»

alMackauwasto take romnuiji
on of observation," and proctrf

, West Indies Tho Conitlitutumnel, tho fUiiii- 1 iiiulrr (lie oiMraii,,n r.f tlii-< disrriminntinK duty,
Lff/;il poi'^'" "f the povcrnment, Ktated that this l ""r iinp.pii- of I'ltncli nilks liavr risen fn.m t\v.>
j^jiin' waM warranted by tho actual state of j

niiliiiiiH (if (|ipii:ir> per imiihiiii to Ax uillion;

nnd II lialf; fn.in I'lkiliind. tli.'V h;»vc ri-tii from

Nation* iK-tween rranco an.i me i nite.i ; ^ ^„„,„,r of a inillia,, to thr.V ,,.wrt. n ; from

lutis-tl'a' tho United States had no force to j Cliina, tl-.y have Mi.ik IVom thrcv millioi'i!* and

l>etwecn Franco and the United

^p (0 it_nnd applauded the government for
forcsi;.'ht uiid energy. Mr. Benton thus
Bramenti'd uioii the approach of this French

buaJrun ;

•A French fleet of sixty vesfols of war. to be
Llliiwed by t^ixty more, now in coramiisgion, n])-
)»chfs our coast; and approaches it for the
)»cJ [lurpose of observinff on." ^-onduct. in re-
lion to France. It is styled, in the French
iixr!!. a siiuadron of observation ; and wc are
[fficicnily acquainted with the military voca-
ixn of France to know what that phrase
-ns. In tlie days of tho great Fimperor, we
ire accustomed to see the armies which de-
iihid empires at a blow, wear that pacific
je up to the moment that the blow was ready
be struck. These grand armies assembled
I the frontiers of empires, gav« emphasis to
rutiation, and crushed what resisted. A squa-
m of observation, then, is a squadron of^ in-
liJation tirst, and of attack eventually ; and
iinU could Ix! more palpable than that such
J the character of the squadron in question.
[leaves the French coast contemporaneously
|h the departure of our diplomatic agent, and
assemblinf; of our Congicss ; it arrives upon
■coast at the very moment that we shall have
rote upon French affairs ; and it takes a posi-
upon our Southern border — that border,
re all others, on which we arc, at this time,
iiliarly sensitive to hostile approach.
'What have we done, continued Mr. B., to
thii squadron upon us ? We have done
rong to France ; we are making no prepa-
ys against her ; and not even ordinary pre-
itions for general and permanent security.
I have treaties, and are executing them, even
[treaty that she does not execute. We have
executing that treaty for four years, and
say that we have paid France as much
er it as we have in vain demanded from her,
k first instalment of the indemnity ; not,
ct, by taking money out of our treasury
[dcHvering to her, but, what is better for her,
ely, leaving her o^'U money in her^jyn
's, in the shape of diminished duties upon
rines. as provided for in this same treaty,
ich we execute, and which she does not. In
[way, France has gained one or two millions
ollars from us, besicles tKe encouragement
er wine tractcl On the article of silks, she
piining money from us in the same way,
by treaty, butljy law. Our discriminating
in favor of silks, from this side the Cape
3od Hope, operate almost entirely in her
Our great supplies of silks are from
England, and China. In four years, and
Vol, I.-38 ^ ^ . ;

a qiin<- to one million and a i|uartir. Tins
iliseriminatiiig duty has left Ipitwcin one anil
two iiiillioim of dollars in the pockets of Fiviich-
men.liei-idestheeiicoiirageinentti) the silk iiiiinn-
facture and traile. \\ hy, then, has she rent thirt
squadron, to (diserve us first, ami t.. strike us
eventuallv ? She knows our paeitic diMHwitioii
towards her, not only from our own words ami
action.1, but from the ofiicial report of her own
officers: from the very ollicer sent out last
spring, in a brig, to cany back the ivculled min-

ister.'

Mr. Benton then went on to charge the pre-
sent state of our affairs with France distinctly
and emphatically upon the conduct of tho Sen-
ate, in their refusal to attend to the national
defences — in their opposition to the President —
and in the disposition manifested rather to pull
down the President, in a party contest, than to
sustain him against France — rather to jdunder
their own country than to defend it, by toking
the public money for distribrtiou instead of de-
fence. To this effect, ho said :

"Ho had never spoken unkindly of tli«
French nation, neither in his place here, as
a senator, nor in his private capacity else-
where. Bom since the American Revolution,
bred up in habitual affection for th(3 French
name, coming upon the stage of life when the
glories of the republic and of the empire were
filling the world and dazzhng the imagination,
politically connected with the party which, a
few years ago, wns called French, his bosom had
glowed with admiration for that people ; and
youthful affection had ripened into manly friend-
ship. He would not now permit himself to
speak unkindly, much less to use epithets ; but
he could not avoid fixing his attention upon the
reason assigned in thu Comtiliitionnel for tho
-present advance of the French squadron upon
us. That reason is this : 'America will have no
force capr.ble of being opposed to it.' This is
the reason. Our nakeduess, our destitution,
has drawn upon us the honor of this visit ; and
we are now to speak, and vote, and so to demean
ourselves, as men standing in the presence of a
force which they cannot resist, and which had
taught the lesson of submission to the Turk and
the Arab! And here I change the theme: I turn
from French intimidation to American legisla-
tion ; and I ask how it comes that we have no
force to oppose to this squadron which comes
here to take a position upon our bordei s. and to
show us that it knows the way to Wasnington
as well as the English ? This is my future

594

TimiTY YKAius- vii:\r.

thrmp; nn'l T liavo t'l pn-wnf tho AnuTican ;
Senate n« i\w n'.Mpf)nHil)lo party for leavinp our
country in thi-* wn-tfhedcnndition. First, there
in tlie three niillloii B|)i>roprintii>n whicti was
lost liy the opprtsition of the Senate, ami which
carried down with it thewliole fortification hill, j
to whicli it was atlacheii. That hill, besides the
throe millions, contained thirteen specific appro-
priations for works of defence, part originating
in the House of Keprcsentativis, and part in
the Senate, and appropriating .^900,000 to the
completion and armament of forts.

"All these specific appropriations, continued
Mr. H., were lost in tho bill which was sunk by
the opposition of tho Senate to the three mil-
lions, which were attached to it by the House
of Uoprosentatircs. He (Mr. B.) was not a
member of tho conference committee which
hjd the di.saprecment of the two Houses com-
mitted to its charge, and could go into no detail
as to what happened in that conference; he
took his stand upon the palpable ground that the
opposition which the Senate mado to the throe
million appropriation, the spcechea which de-
nounced it, and the prolonged invectives against
the President, which inflamed the passions and
consumed the precious time at the last moment
of the SO' ^ion, were the true causes of the loss
of that bill ; and so leaves the responsibility for
the loss on the shoulders of the Senate.

" Mr. B. recalled attention to the reason demi-
oflBcially assigned in the Conatilutionnel. for the
approach of the French fleet of observation, and
to show that it came because ' America had no
force capable of being opposed to it.' It was a
subsidiary argument, and a fair illustration of
the dangers and humiliations of a defenceless
position. It should stimulate us to instant and
vigorous action ; to the concentration of all our
money, and all our hand.4j to tlie sacred task of
national defence. For himself, he did not be-
lieve there would be war, because he knew that
there ought not to be war; but that belief would
have no effect upon his conduct. He went for
national defence, because that policy was right
in itself without regard to times and circum-
gtanoes. He went for it now, because it was the
response, and the only response, which Ameri-
can honor could give to the visit of Admiral
Mackau. Above all, he went for it because h
was the way, and tne only manly way, of lef/-
tiag France know that she had committed a
mistake in sending this fleet upon us. In con-
clusion, he would call for the yeas and nays,
and remark that our votes would have to be
given under the guns of France, and under the
eyes of Europe."

The reproach cost by Mr. Benton on the con-
duct of the Senate, in causing the loss of the
defenioe bills, and the consequent insult from
France, brought several members to their feet
in defence of themselves and the body to which
Uiey belonged.

" Mr. Webster said his duty wax t.. m,
that neither in nor out of the Senate tlnri- ,C^
Ih? any mistake, the eliecl of whi<li hl,oy],j''
to jiriKliice an iniprecsion unfavoraMu i,r
prooi-hful to tho character and pntrintintnofri
Americiin i)eoi)le. Ho remembered the t.n
of that bill (thfc bill alluded to by .Mr, \\^l^ ,
tho incidents of its hi.story, and the r,j| *
of iti loss. And ho would satisfy any nun 1
the loss of it was not attributable to w\s\
ber or ofllcor of tho Senate. He w,,,,!,]
however, do so until tho Senate shoiil.! |,
have been in tiCBnion on executive biiniin.m
soon as that took place, he should iindtn»kM
show that it was not to any dereliction of d^J
on tho part of tho Senate that tlie loss „f ^^
bill was to bo attributed.

" Mr. Preston of South Carolina naiij (^
senator had concurred in general appr ipmim
to put tho navv and army in a state of ,liit«
This undefined appropriation was not the o
exception. Tho gentleman from Missouri i
Benton) had said this appropriation wis inu
ed to operate as a permanent defence, TIm i
ator from Missouri (Mr. Benton) had p^fcn
a general indictment against the Senate bt(]
tho people of the United States. It uai) stn
the gentleman should ask the departaenitii
calculations to enable us to know how ng
was necessary to appropriate, when the iaf
mation was not given to us when wc met
the undeflned appropriations. I ri>joice. j
Mr. P., that the gentleman has galdcnol
my fears there will be no French war. fn
was not going to squabble with Americj oil
little point of honor, that might do for dutili
to quarrel about, but not for nations,
was no reason why blood should be pouredn
like water in righting this point of honor, l
this matter was placed on its proper hasi).y
hopes would be lit up into a blaze of confiiJ
The President had recommended makin;; r»3
sals, if France refused payment France k
refused, but the remedy was not pursuei |
may be, said he, that this fleet is merely m
to protect the commerce of France. If tM
sidont of the United States, at tho last sta
of Congress, had suggested the necessity I
making this appropriation, wo would have J
cd out the treasury ; we would have filleH
hands for all necessary purposes. There i
one hundred thousand dollars apprnpriatedlll
had not been called for. He did not h
whether he was permitted to go any fm
and say to what extent any of the dep
were disposed to go in this matter.

" Mr. Clayton of Delaware was fiiirpria
the suggestion of an idea that tho Am
Senate was not disposed to make the net
appropriations for the defence of the com
that they bad endeavored to prevent tb(|j
sage of a bill, the object of which wan to i
provision for large appropriations fur ourd
The senator from Missouri had gone into ilii
attack of the Senate. He (Mr. C.) was notd

ANNO 183n. ANDIIKW JA( KS«iS. I'KF>II»KNT.

5Ud

• Hiiiil hi» duty WM to uVr ^.
tT out of the Sfnatf tli'n .t,. vj
thi' i-tlV-ot of which hliouiil
iiDiin.'f'ion unfavorahlv i,r
charat'tiT ami patriotiKtii r,f.v,|
>. Hi) rcini'mUTod tiic |,r.-.T,
'. hill alludc'il to hy Mr. l^nN
itn history, and the nal n
(I he wouM satisfy any nun u,
»s not nttrihutahle to imv-
of the Senate. He wnuli i
I until the Senate Hhniild
iBftion on executive btmimi!*. ,
(ik y'Ace, ho shouhl uiidiruli* ,
as ncjt to any dereliction nf ii,jj
the . Senate that the loss of i|
attributed.

in of So»ith Carolina fai'l n
incurred in general ajjpr )j]mti
•y and army in a state of iklti
il appropriation was not the
he gentleman from Missouri (!
jaid this appropriation was ini
as a permanent defence, The
isouri (Mr. Benton) had p^ft..
ictment against the Senate Wj
the United States. It was stni
n should ask the dcpartn,«nu,
to enable us to know how m
ry to appropriate, ^hen the ii'
not given to us when wc rtji
id appropriations. I rejoice. ,
t the gentleman has saidewi
Uwill be no French war. Fm,
ag to squabble with America oi
)f honor, that might do for dutP"
ibout, but not for nations. T.
on why blood should be poured
n righting this point of honor,
was placed on its proper basiil
1 be lit up into a blaze of confii*-
»nt had recommended makin;
ince refused payment France
the remedy was not pursuwL
i he, that this fleet is merely coi
he commerce of France. If the
le United States, at the kst _
58, had suggested the ncccsity
s appropriation, we would ha« ^
treasury; we would have filled
all necessary purposes. Then'
ed thousand dollars appropnatedi
ieen called for. He did not 1=
e was permitted to go any ft
. what extent any of the dcwf
jsed to go in this matter,
lavton of Delaware was Rurpi
istion of an idea that the Ai
18 not disposed to make the ne
tionsfor the defence of the co.
had endeavored to prevent the
bill the object of which was to i
for large appropriations for ourde
tor from Missouri had gone into «
the Senate. HeCMr.O.)wMnot^

uranr thing further of tho pvont* of the Iniit
,^t of the HP-'Kion. Hf took orcawinn to nny
I "..'.ff weri- other iimttrrH in r«'riiif.»'oii wiUi thJM
* ,pri;iti()ii. Hcfon- any (lopr»rtim-nt or any
f nil I'f the- 'i''"iini>'tmfion had imincij an «p-
K'rigiinn PT iil'-nrc, lie made the motion to
K,p,p,iatr tive hundred thoiisan<l d(dlarn. It
I «(in hi'< motion that the Committee on Mili-
lurv Xffairsmade the appropriation to incriwe
,V fi.rtillrntions. Acttiat.<l by the very oaine
ImtiTon which indticed him to move that appro-
Lmtion, he had move<l an additional apjiropria-
[Ln to Fort Delaware. The motion was to in-
Ifrnv* ''!<' Koventy-flve thouKond to one hundred
Lid tiftv thousand, and elicited a protracted de-
lUti', 'ri'" "'^"^ question was, whether, in the
uniral hill. A^c hundred thonsaml dollars should
L nppMpriated. He recollected the honorable
(hairman of the Committee on Finance told
Eh'tn there was an amendment Iwfore that com-
Litoe of fimilar tenor. As chairman of the
'Hmmittceon Militory Affairs, he felt disinclined
) pa- it up. The amendment fell on the single
rrmnil by one vote, that the Committee on
Finnnre had before it the identical proposition
piili' hy the Committee on Military Affairs. He
)ri|icale^ to the country whether, tmder those
Iministances, they were to be arraigned before
. people of the country on a charge of a want
f patriotism. He had always felt deeply ofl'ect-
1 when those general remarks were made im-
kmm? the motives of pa'> . iotism of the sena-
te, He was willing to gc as far a.s ho who
«s farthest in making appropiiations for the
itional protection. Nay, he would be in ad-
Cnce of the administration."

Mr. Benton returned to his charge that the

fcfence bills of the last session were lost through

E conduct of the Senate. It was the Senate

Ihich disagreed to the House amendment of

! millions to the fortification bill (which it-

|lf contained appropriations to the amount of

0,000); and it was the Senate which moved

'•adlicre" to its disagreement, thereby adopt-

: the harsh measure which so much endan

! legislation. And, in support of his views,

ksaid!

1^ The bill died under lapse of time. It died
»use not acted upon before midnight of the
; day of the session. Right or wrong, the
I'ion was over before the report of the con-
ies could be acted on. The House of Repre-
kutives was without a quorum, and the Sen-
Was about in the same condition. Two at-
ppts in the Senate to get a vote on some
ntmg moved by his colleague (Mr. Linn),
i both lost for want of a quorum. The ses-
I then was at an end, for want of quorums,
{ether the legal right to sit had ceased or not!
■ "1 was not rejected cither in the House of
^seatatives or in the Senate, but it died for

want of artion upon if i and that artton waiiprr*
vented by want o) time. .Now , wliow fjiiill wn«
it that tliire wan no tunc lift inr »<iin>r on liir
n-pfirt of the iiit.f.rriK f Hint wn« thf trii"
((Mention, atid tin. niHWcr to it woiilij xhow whin-
the fault lay. Tlii^ ikii«wi'r is an rjrar a.H mid-
day, though the truMHiwtioii t<Nik |iliiii« in tlm
flarkneHS of nii(lnii;lit, Il wnt ih.. ,v,.iiat<' I The
bill riwiic to the SvunU' in riiil tinn' to have Ueii
aeU-d uiMm, if it had Ixtn trcniid an all bilU
muHt be treated that are iiitttidcd to U> |MtHi«t'd
in the last hourn of the KCN-inn, It jh no limu
for si)eaking. All s|Rttking is tlnii latal to billn,
ond equally fatal, whether for or iitraiiiHt llicin.
Yet, what was the conditrt of the .Senate with
res|)ect to this bill t Meinlx-rH coinnu-nccd
speaking upon i» with vehenuiice and |ieri«(ver-
nnce, and continui'd at it, one after another.
These speeche.s >vii(' fatal to the bill. 'Ihiy
were nuniefoiis, and conHiiiiied much time to
deliver them. They wi're eriminative, and pro-
voked replicH. They ilenouneed the I'nHiii'ut
without measure ; and, by implication, the HoiiKe
of Representatives, which suntaiiied hiiu. They
were intemperate, and destroyeil the temjH'r of
others. In this way the precious time wos con-
sumed in which the bill might have lieen acted
upon ; and, for want of which time, it is lont.
Everyone that made a speech hel|)ed to destroy
it; and nearly the whole bo<ly of the opjiositioii
spoke, and most of them at much length, and
with unusual warmth and animatiim. So cer-
tain was lie of the ruinoim ettect of this speak-
ing, that ho himself never opened his moiitii nor
uttered oiio word upon it. Then mine the futul
motion to adhere, the etfect of which was to
make bad worse, and to destroy tlio last chance,
unless the IIouso of HeprcsentativeH had hum-
bled itself to ask a conference from the Senate,
The fatal effect of this motion to adhere, Mr. 11.
would show from Jelferson's Manual ; and read
as follows : ' The regular progression in this
case is, that the Commons disagree to the amend-
ment; the Lords insist on it; the Cummuns
insist on their disagreement.; the Lords adhere
to their amendment; the (commons adhere to
their disagreement ; the term of insisting may
be repeat^ as often as they choose to keep the
question open ; but the first adherence by either
renders it necessary for the other to recede or
to adhere also ; when the matter is usually suf-
fered to fall. (10 Grey, 148.) Latterly, how-
ever, there are instances of their having gone to
a second adherence. There must l)o an absolute
conclusion of the subject somewhere, or other-
wise transactions Iwtwecn the Houses would be-
come endless. (.'J Hatsoll, 208 270.) The terra
of insisting, wo are told by Sir John Trevor,
was then (1078) newly introduced into parlia-
mentary usage by the Lords. (7 Grey, 94.) It
was certainly a happy innovation, as it multi-
plies the opportunities of trying modifications,
which may bring the Houses to a concurrence.
Either House, however, is free to pass over the
term of insisting, and to adhere iu the first iu*

r/.w,

TIIIUTY YEAIW VIEW.

Ktiiiift'. (10 (iriv, I Hi.) Hut it i.'* not rtxixct-
|iil l>. the iiilur. In Ihi' •inliiiiiry |arliutiii'iitury
f Hiifc, ilii'Tc arc two free ("(nitiTi'iU'i'^ ut li-iiMl
lii'f'tri' nil (KlhcnriiT. ( 10 (in-y, I ♦"■) '

"Tlii.'* in till- r(');iilikr pro^fn'Msiiui iiitlit' rase of
Kriu'iirliiu'iits. uiul tliiTc urv live h(i'|in in it. 1.
'Ik ii^rrt't'. '2, To fliKiiirri'c. .'!. 'I'd ruTili-. 4.
'I'o inHi^t. .1. To mlln'n'. Of tlu'M' live stcim
iiilli*rrn<(> is tlu! liiKt, ami yi't it wiih tlio liiMt
ifliiptt'd l»y tlii< .Seniiti'. 'I'lu' vtUct of iti4 mlop-
tion wi\*, in piirlinincntary UfinKO, to put nn rn<l
t'l tlie tniitt*'!'. It was, by tlio law of I'urlia-
iiit-nt, a (iJHii'sjK'Ct to tilt! lloiim>. No confcivnce
wii-t t'vi'ii aski'd liy till' ^t'liate oftcr the ndliiT-
tiici'. aitli('ii;.'h. Iiy till' parliaiiii'iitary law. tliorL-
oii(;lit to Imvt' Ik'C'11 two frt'u coiifuiTuccH at loHHt
lu'lbro the adiiorence wan voti'd. All thiB wan
fully Rtattrl to tliu St;nate that nifjlit, ond bo-
liiro tho <|U('.xtion to adhere was put. It was
fully Ktatfd by you, Hir fsaid Mr. 1?., adilrosBinR
liiniself to Mr. Kiii^, of Alabama, who was then
in till) Vice-PrfBi(k'nt'.>< chair). This vote to
adhere, coupled with the violent 8pceche.'^, dc-
iiounciiifj; the President, and, by implication,
reiisurinn t''" House of HeprcHentatives, and
coupled with tho total omiitsion of the Senate to
ask for a conference, seemed to indicate a fatal
purpose to destroy tho bill ; and lost it would
have been npon the spot, if tho llougo of Uepre-
Hi-ntatives, fctrnettiiip; tho di-^respect with which
it had been treated, and pa>.sing over tho cen-
sure impliedly cast upon it, had not humbled
itself to come and ask for a conference. The
House humbled itself; but it was a patriotic and
noljlo humiliation; it was to serve their coun-
try. The conference was granted, and an amend-
ment was agreed upon by the conferees, by
which tho amount was reduced, and tho sum
divided; and ^300,000 allowed to the military,
and ,^500,000 to the naval service. This was
done at last, and after all the irritating speeches
and irritating conduct of the Senate ; but the
jirecious time was gone. Tho hour of midniyht
was not only come, but members were dispersed ;
quorums were unattainable ; and tho bill died
for want of action. And now (said Mr. B.) I
return to my question. I resume, and maintain
my position upon it. I ask how it carae to pass,
if want of siiecification was reafly tho objection
— how it canio to pass that the Senate did not
do at first what it did at last ? Why did it not
amend, by tho easy, natural, obvious, and par-
liamentary process of disagreeing, insisting, and
a.sking for a committee of conference ?

'' Air. B. would say but a word on the new
calendar, which would make tho day begin in
tho middle. It was sufticient to state such »
conception to expose it to ridicule. A farmci-
would bo sadly put out if his laborers should re-
fuse to como imtil mid-day. Tho thing was
rather too fanciful for grave deliberation. SuflSce
it to say there are no fractions of days in any
calendar. There is no three and ono fourth,
three and one half, and three and three fourths
•f March, or any other month. When one day

rndu, another Wgins, and midnight i^ thi" tii~
iiig |N)int iKith ill law and in prncti<v. .\||,,,
laws of the loAt day are dated the ',',i\ iif M,;rf
and, in jioiiit of fact. <'<iiigrcss, for (■\(.rv |».l
llcinl piirpoM*, i>i dissolved at niidni'.'ht.' M,,.
memlHTH will not art, and go a\vi\y ; ^n^] . ,
was the practice of tho vciieralile Mr. Xi., .
of .North Carolina, who alwav'* aeicci pri.
as I'lesident .lacksou diil. lie |mt o,, . ,^ ,
and went away at midnight ; In went »»,
when his own watch told him it was niKlnii
after which ho In-lieved ho had no aiithoniVi
ant as a legislotor, nor tlio Senate to inakc |,-
act as hucli. 'I'his was I'ri'sideiit .Ia<k<(;i|
course. He stayed in tho Cajtifol until »mii^,.
ter after on*', to sicn all the bills which r.. I
gross should pass before midnight. IK' miv^,l
until a majority of t'ongri'ss was gone, nnlo'i.
nims unattainable, lie stayed in the Cuti:!,;
in a room convenient to the Senate, to act <m\
every thing that was sent to him, ami (liilnj
have to Iw waked up, as Washington n< i|
sign after midnight; a moat unf.)iiuimlcM,.J
enco to Washington, who, by goim; to lie], J
midnight, showed that ho considered tiic l|i|.;.|
nesa of tho day ended ; and bv getlinj; up tiA
putting on his night gown, and '^niiiK a MliJ
two o'clock in tho morning of the 4tli. snwHl
that he would sign at that hour what liiui pa„J
before midnight ; and docs not that act fjfir|
date tho 3d of March 7

Mr. Webster earnestly defondcd tliu Seni'«'i|
conduct and his own ; and said :

" This proposition, sir, was thus iincxt«te(ilt|
and suddenly put to us, at eight o'clock in ilx
evening of the last day of the session. I'muiaU
unprecedented, extraordinary, as itohviouslji^
on the face of it, the- manner of presenting itV
still more extraordinary. The Prcsi(]<;ntl
asked for no such grant of money ; no depirJ
mont had recominendod it ; no estimate luif
suggested it ; no reason whatever wiLsgivciiM
it. No emergency had happened, and notiiiJ
new had occurred ; every thing known to tj
administration at that hour, re.spccting ourll
reign relations, had certainly been knovrn lo i|
for dayig and for weeks before.

" With what propriety, then, could the Scni
be called on to sanction a proceeding so cntird
irregular and anomalous? Sir, I recollect I
occurrences of tho moment very well, and! n
member the impression which this vote of tlj
House seemed to make all around the Sen
We had just come out of executive session; i
doors were but just opened; and I hardlm
member whether there was a single fpi'Ctt
in the hall or the galleries. I had been it li
clerk's table, and had not reached my seats
the message was read. All the senatorei
in the chamber. I heard tho message eertaiJ
with great surprise and astonishment ; luij
immediately moved the Senate to disagref
this vote of the House. My relation to tiies

ASNO \%M. ANDRKW JACKSOX. rnn*ir»FNT

507

rln«, an'l nii<lni(rlit i< thf tn~.
I liiw ami in |iriu'ti«v. Ail.;.
lay nru tlutitl tlic :'.<l of Myr^,
fiwl. Conjin-xM, fur cmtv I.-,.
(|ii«<u)lv('<l At luiilni'.'ht.' M, t
)t iirt. iiml P') nwtiy ; nii'l -r,
I. (pf til" vtiiiTiklili' Mr. Mvif
im, wii>' »lw«vi aitcil |in~ ^,
t('k»"i» "li'l- '''■ I'"t <>'i ' <h«|

■ nt ini'lninlit ; In went »»,,
■atrh ti>lil liii" it wan inuliii; •,
l>clievftl lie Imil no luithoruw,
or, nor tlw Senate tn m.ike |.-|
Tliin wftH I'n'sifii'iit .laikvr
yvtd in tl»o Cttpitol tintiU(iiuf.
( wiun all the ItilU wliich ( a-
Kfl i)i'foro mitlninlit. llf iitjv(,i|
' of t'ongresH wiih (;on«, ati'l (ii-.
Ilk'. Ho stayctl in the C«|iihI
i-nieut to the tSenivto, to art iif«,"|l
at wurt Bent to hini. iiml diil ti'ij
ked up, a>i WiiHhinjitnn wn, t,
niplit ; a inoat unl'oituimtc i\f,r.|
npton, who, by jroin:,' tutMiliJ
irt'd timt ho consideri'd the Im-J
y ended ; and hv pi'ttini; up uj
nipiit Rown, and '^niiii; a lull uj
tiio niorninp of tlio 4tli. s.mneil

Bipn at that lionr what Iwl imI
ht ; and does not that act l^ir|
March?

>r earnestly defondcil the Seni'Vi|
lis own ; and said :

osition, Bir, was thus nncxmlcillJ
put to us, at eipht o'clock imli
« last day of the session. Umiiol
1, extraordinary, as itobviousljii

■ It, the- manner of presenting it «
ttraordinary. The President!
such grant of money ; no dop
!comuiended it; no estimate

no reason whatever wasgiTmM
wency had happened, and nottiii
irred } every thinp known to ikj
m at that hour, respecting ourfJ
ns had certainly been knoivntoif

for weeks before,
lat propriety, then, could theSfHi
to sanction a proceeding so entin
d anomalous 1 Sir, I recollect «
of the moment very well, andlj

impression which this vote of tl
led to make all around the Sen*
; com> out of executive session; «
but just opened; andlhardirr
lether there was a sin-ilc fm
or the galleries. I had bccnata
• and had not reached my seat »
s'was read. All the senator! i
iber. I heard the message cerl

surprise and astonishment; udj
y moved the Senate to disagmP
r the House. My relation to tbesi'

„.,_ in roni«c<i"<'nc«' of inr ronncction with tht>
(■,,nimill>'»' "" ^'•l'a""■• madf it my duly to |in»-

t:i

nw iN'iiie oMir-c, and I hail n<it a nioincnl'-i

: jlit rif lu'Hitatiou what tliiit eourf-e iiu;iht to

I tiH)k ii|H)n mywlf, tlifii. sir, the ns|><)n^i-

i. ntv <if nii'viiip that llii- .*^<nati' "lioojil ili-inirrt'c

t,) till* *"'''< •*'"' ' ""**' ■''l*''"'wl<'dt.'e tiwit riH-

nmiiliility. It niiplit Iks pre.HiiniiitnouM t<» hj»v

l.4l 1 tixik a leading part, but I ocrluiidy took

earlv [wrt. a decidt'il part, and an i':irneHt

. ,f,, innJiTtiiifC this broad prnut of tlin-f inil-

ij„.|j (if (icilliirs, witltoiit limitation fif [nirpo.so

,"f fpccilication of obje<'t; called for by no n-

dmmi'ivlation, fonmled on no estiinati-, made

linwsary by no ftato of things which was made

Knnnn to I'lS. Certainly, sir, I took a part in

iii n'jcction ; and I stand lu-re, in my place in

I the Senate, to-day, ready to defend the part so

lukcn liy me; or rather, sir, I disclaim nil <U-

|f,„rt', and all occiusion of defence, and I assert

I i: a< mTitorioua to have l)een atnouK those who

lamstoilat the earliest moment, this oxtraordi-

Inin- dt'iiarturo from all settled usupo, and, as I

liiiiiik, from plain constitutiimal injunction — this

.jkllnite votin}; of a vast sum of money to mere

|c\c<'utivo di.xcretion, without limit assipned,

Kithoiit object sjwciflod, without reason piven,

land without the least control tmder heaven.

•Sir, I am told that, in opposing this prant, I

Ifpflke witli warmth, and I suppose I nmy have

Id ROM). If I dill, it was a warmth sprinjrinp

rora as honest a conviction of duty as ever in-

(lueneed a public man. It was spontaneous,

Latiectcd, sincere. There had been anionp us,

|ir, no consultation, no concert. There could

Brel)cen none. Between the reading of the

nc'ssajic and my motion to disagree there was

tot time enough for any two members of the

bate to exchanp;o five words on the Rubject.

(proposition was sudden and perfect I' tir>-

spectcd. I resisted it^^as irregular, as djinsier-

ws in itself, and dangerous in its preodent. rs

khoiiy unnecessary, and as violating tl»e .ilain

ptcntion, if not the express words, of thir con-

titution. Before the Senate I then avowvd, and

iefore the country I now avow, »ny part in this

Ipposition. Whatsoever is to fall on those who

motioned it, of that let me have my full share.

^ The Senate, sir, rejected this grant by a vote

Jftwenty-nine against nini't;.'en. Those twenty-

|ne names are on the journal ; and whensoever

: expunging process may commence, or how

r soever it may be carried, I pray it, in mercy,

^t to erase mine from that record. I beseech

I in its sparing goodness, to leave me that

of of attachment to duty and to principle.

Iraay draw around it, over it, or through it,

■ck lines, or red lines, or any lines ; it may

irk it in any way which either the most pros-

and fantastical spirit of man-worship, or

e most ingenious and elaborate study of self-

padation may devise, if only it will leave it

[that those who inherit my blood, or who may

rcaftcr care for my reputation, shall be able

llchold it where it now stands

"•The Hnii*«', nir, in«i<tiH| on thin amendment
Till' .<.n:ile ndbend to iIh di-<ni:nrm.iit. jl,.-
Ilou^e nnlvid a ei>nler«ii<i'. to u Im b n'lue^t Mi*

.*»iiiiite imim><liately ae.-.NJrd. The committ ..i'

colli; reiic,. n„t, and, ill a sl.ort time, nuv to no
a','r>einent. 'jhey n;:ried I., nrt.miiitn.l tolbeir
rts|eetive l|iin<ie'<. its u M<il>«li(iitf for the T"l"
pro|i«)H.d by tile House, till- t'..llMwiiiir:

'• • ,\s an additional a|.],ropii:iii,)ii f<,r arnni.;
the fortilleations of llie I niti. j States, tdrv
hundred thousand dollar*.'

" As an additional appropriation fir the re-
pair and eijiiipmenl <<( «lii|is i.f war of the l nited
.States, five hundred tlioii-aiid dollars.'

'• I immediately n'|»)rted this apn <iiieiit of t» .<
eommittees of eonCereiiee to the ."ieliate ; but,
inasiiuK'h as tin- bill wa.s in the House of lie-
preseiitatives. tlie Senate could not act, furlber
on the matter until the lloii-e should (ii-st have
considered the rejiort of the committees, de-
cide>l thereon, and sent us the bill. I did not
my.self take any note of the partieular hour of
this part of the transaction. The honor.ible
member from Virginia (.Mr. Leigh) says be con-
sulted his watch at the time, and he knows tliil
I had come from the conference, and was in inv
seat, nt a quarter |iast eleven. I have no re.ison
to think that ho is under any mistake in this
particular. He says it so hap|ientMl that he bad
occasion to take notice of the hour, and wi 11
remembers it. It could not well have been
later than this, as any one will bo satislied who
will look at our journals, public and executive,
and see what a nujss of business was dispalcli'd
after I came from the committees, and beibie the
adjournment of the .Senate. Havin;; made the
report, sir, I had no doubt that both Houses
would concur in the result id" the coiireieiicc,
and 'ookcd every moment li)r tlio oflicer of the
Hoii.so bringing the bill. He did not eoiiie,
however, and I pretty soon learned that there
was doubt whether the committee on the part
of the House would report to thu lIou,«e the
agreement of the conferees. At lirst I did not
at all credit this ; but it w.as confirmed by one
communication after another, until I was oblipeil
to think it true. .Seeing that the bill was thus
in danger of being lost, and intending, at an}'
rate, that no blame should justly attach to the
Senate, I immediately moved the following reso-
lution :

" ^ Jiasnlreil, That a mes- ere be .fcnt to tho
honorable the Housi- of Reimscntativcs, respect-
fully to remind the House • f the report of tho
committee of conference aj point«;d on the dis-
agreeing votes of the two II mses on the amend-
ment of the Hou.ie to the amendment of tho
Senate to the bill respecting the fortifications
of the United States.'

" You recollect this resolution, sir. having, as
I well remember, taken some part on the occa-
sion.

" This resolution was promptly passed ; the
Secretary carried it to the House, and delivered
it What was done in the House on the receipt

598

TJIIRTY YEARS' VIEW.

of this inPHsape now appears from the printed
joiiriml. I have no wish to cuiiiment on the
jjroceedinps there recorded — all may read them,
and each Ijc able to form his own opinion. Suf-
fica it to say, that the House of Ucpresentatives,
iiaving then possession of the bill, chose to rtt-
tain that possession, and neve^ acted on the
report of the committee. The bill, therefore,
was lost. It was lost in the IIou.se of llepre-
sentatives. It died there, and there its remains
are to be found. No opportunity was given to
the members of the House to decide whether
they would agree to the report of the two com-
mittees or not. From a quarter past eleven,
when the report was agreed to by the commit-
tees, until two or three o'clock in the morning,
ti»e House remained in session. If at any time
there was not a quorum of members present,
the attendance of a quorum, we are to presume,
might have been commanded, as there was un-
doubtedly a great majority of the members still
in the city.

" But now, sir, there is one other transaction
of the evening which I feci bound to state, be-
cause I think it quite important, on several ac-
counts, that it should be known.

" A nomination was pending before the Se-
nate, for a judge of the Supreme Court, In
the course of the sitting, that nomination was
called up, and, on motion, was indetinitely
postponed. In other words, it was rejected;
for an indefinite postponement is a rejection.
The office, of course, remained vacant, and the
nomination of another person to fill it became
necessary. The President of the United States
was then in the capitol, as is usual on the even-
ing of the last day of the session, in the cham-
ber assigned to him, and with the heads of
departments around him. When nominations
ai-e rejected under these circumstances, it has
been usual for the President immediately to
transmit a new nomination to the Senate ;
otherwise the office must remain vacant till the
next session, as the vacancy in such case has
not happened in the recess of Congress, The
vote of the Senate, indetinitely postponing
this nomination, was carried to the President's
room by the Secretary of the Senate. The Pre-
sident told the Secretary tliat it was more than i
an hour past twelve o'clock, and that he could
receive no further communications from the Se-
nate, and immediately after, as I have under-
stood, left the capitol. The Secretary brought
back the paper containing the certified copy of
the vote of tho Senate, and indorsed thereon
the substance of the President's answer, and 1
also added that, according to his own watch, it
was a quarter past one o'clock,"

This was the argument of Mr. Webster in
defence of the Senate and himself; but it could
jiot alter the facts of the case — that the Senate
disagreed to the House appropriation — that it
adhered harshly — tliat it consumed the time in

elaborate speeches against the President— a- <
that the bill was lost uiwn lapse of tiim- ,;^
existence of the Congress itself expiring « ^ ,
this contention, began by the Stnate, r,,
going on,

Mr, Webster dissented from the newdoctrim
of counting years by fractions of a dav a.*
thing having no plara in tlio coustilaiion. ,;,
law, or in practice ; — and which nas Ijc.jli,
impracticable, and said :

"There is no clause of the com^ti'iition, t,, i
is there any law, which doclarcs that tlii; u-^
of office of members of the House of Papn!.
sentatives shall expire at twelve o'clock at ni^Lt I
on the 3d of March, They are to hoM fur t"i ,
years, but the precise hour for the coniiiKms^
ment of that term of two years is nowbtr.
fixed by constitutional or legal provision. It
has been established by usage and by inftrvr/y
and very properly established, that, since il.t |
first Congress commenced its existence on il,.
first Wednesday in March, 1789, which liappm.!
to be the 4th day of that month, therefore, tv
4th of March is the day of the coinnienccni.u I
of each successive tenn, but no hour is li.wi |
by law or practice. The true rule is, as 1 1. i: ;.
most undoubtedly, that the session hokk - ■
the last day, constitutes the last day, for all K-i,.
lative and legal purposes. While the asiuni
commenced on_ that day continues, the dav I
itself continues, according to tiie estaljlisli.ill
practice both of legislative and judicial IjoditJ
This could not well be otherwise. If the p \
cise moment of actual time were to settle ,-u;li
a matter, it would be material to ask, who shall
settle the time? Shall it be done by ]iul)lif
authority; or shall every man observe thcti.ii
of his own watch ? If ab.solute time is to fur- 1
nish a precise rule, the excess of a minute, it is I
obvious, would be as fatal as the excess of a I
hour. Sir, no bodies, judicial or legislative,!
have ever been so hypercritical, so astute to is j
purpose, so much more nice than wise, as to I
govern themselves by any such ideas. These -I
sion for the day, at whatever hour itcommeiwl
or at whatever hour it breaks up, is the legisltj
tive day. Every thing has reference to tlie|
commencement of that diurnal session, hi
instance, this is the 14th day of January ; ml
assembled here to day at twelve o'clock ; otr j
journal is dated January 14th, and if weshooMi
remain until five o'clock to-morrow moniiiifl
(and the Senate has sometimes sat so latej oul
pi-oceedings would still all bear date of the IWil
of January ; they would be so stated upon thl
journal, and the jounal is a record, and is il
conclusive record, so far as re,?pects the pp»
ccedings of the body."

But he adduced practice to thu contrary, d|
showed that the expiring Congress had (M
sat after midnight, on the day of the 3d o

ANNO 183fi. ANDREW JACKSON, PRI^^IDF.NT.

5^9

aRainst the Prt'8i(lcnt--a-'.
lost upon lapse of time, t*
engross itftclf expiring «}.;,
began by the Suiialo. wu

sscnted from the nrw (loctnw
I b\' fractions of a day, « j
plaro in the couslllaliun. i;
ice ; — and which was bcsife

ilaupe of the constiHition, r.:.r
which dechirc'S that tlie ten
ibors of the House of licp-
xpire at twelve o'clock al nidt
•ch. They are to hoW fur t» ,
ecise hour for the comnitnc-
rm of two years is nowhtri !
iitional or legal provision.
hed by usage and by infirtu r.
■ly established, that, since tit
lominenced its existence on t!..
in March, 1789, which liappcn.-i
ly of that month, therefore, tii.
the day of the comniencenKt
ve tenn, but no hour is lix<i
ice. The true rule is, as 1 1. ic't:
lly, that the session holdi'n « ::
stitutes the last day, for all k-iv
purposes. While the mm\
that day continues, the day
s. according to tiie estaljli,<liil
''legislative and judicial Ijoditi
well be otherwise. If the p^ .
actual time were to settle ^d
lid be material to ask, who slii"
!? Shall it be done by ]dk\
hall every man observe the tick
ch 1 If absolute time is to fur-
•ule, the excess of a minute, it is
be as fatal as the excess of a
bodies, judicial or le!,'islative,
so hypercritical, so astute to la
ch more nice than wise, as to
Ives by any such ideas. Tliest-
r at whatever hour it comraeiw
'hour it breaks up, is the \eiiM
ery thing has reference to tin
t of that diurnal session. M
8 the 14th day of January; m
1 to day at twelve oclock ; ontl
>d January 14th, and if we si
live o'clock to-morrow momi^
itc has sometimes sat so late) «1
ould still all bear date of the \m
,hey would be so stated upon tkl
the jounal is a record, aiidisil
ord, 80 far as re.?pects tlie pn^|
ic body."

aced practice to the contrary, uj
the expiring Congress had oa^l
[night, on the day of the 3d

L ,,L ij, tiic years when that day was the end

J the Congrc«9 ; and in speaking of what had

r. g occtifred, he was right. I have often seen

i myself ; hut in such cases there was usually

acknowledgment of the wrong by stopping

[he Senate clock, or setting it back ; and I have

Ljo seen the hour callc<l and marked on the

tiurnal after twelve, and the bills sent to the

L-ident, noted as passed at such an hour of

L niciming of the fourth ; when they remained

mtouched by the President ; and all bills and

fij sent to him on the morning of the fourth

vdatcd of the third ; and that date legalizes

although erroneous in point of fact.

lat, many of the elder members, such -vs ^Ir.

Bacon, would have nothing to do with these

Lrivanees, and left the chamber at midnight,

Lin* that the Congress was constitutionally

I'tinct, and that they had no longer any power

ksit and act as a Senate. Upon this point Mr.

■rundv of Tennessee, a distinguished jurist as

Wl as statesman, delivered his opinion, and in

msonance with the best authorities. lie said :

• A serious question seems now to be made,
I to what time Congress constitutionally ter-
iinates. Until lately, I have not heard it seri-
tlv nrpjd that twelve o'clock, on the 3d of
liroh, at night, is not the true period. It is now
fcisted, however, that at twelve o'clock on the
1 of Jiarch is the true time ; and the argu-
jent in support of this is, that the first Con-
hi met at twelve o'clock, on the 4th of March.
ki; is not placing the question on the true
tund ; it is not when the Congress did meet,
[when the President was qualified by taking
,; oath of office, but when did they have the
institutional right to mecf? This certainly
)i. and is, in all future cases, on the 4th of
t;h ; and if the day commence, according to
e universal acceptation and understanding of
(Country, at the first moment after twelve
bock at night on the 3d of March, the consti-
Jional right or power of the new Congress com-
es at that time ; and if called by the Chief
giUrate to meet at that time, they might
bn qualify and open their session. There
mid be no use in arguing away the common
[lerstanding of the country, and it would seem
reasonable to maintain that the 4th of March
I when the first Congress adjourned, as it
) say that it began when they met. From
^Ive o'clock at night until twelve o'clock at
Jit is the mode of computing a day by the
f)le of the United States, and I do not feel
horized to establish a different mode of com-
Wion for Congress. At what u^ur does
fistmas commence ? When does the tirst day
k year, or the first of January, commence ?
I at midnight or at noon 1 If the first day

of a year oi month lupins and ends at midnight,
(Ini'.s not tvcry oilur d.iy ? Coiigresn ha.* iil-
>vavs acted upon tlie iiiipn's,>.i(>n that the .">d oi
March cndi'd at iiii(hii};lit ; hiiioo that jieltinu
back of clook.s which we have witnis.sfd on the
.'id of March, at the ternjinationof the short sus-
sioii.

"In usinj,- this ..rpiimcnt, I do not wi.'h to l)o
understood as CL-nsiiring those who have tran,'<-
acted the public busines.^ here after twelve
o'clock on the 3d of March. From thi,s ermr,
if it be one, I claim no exemption. With a sin-
gle exception, I Ulieve, I have alwiiys ri'niained
until the final adjournment of both Houses. A,s
to the President of the United .States, he if-
niained until after one o'clock on the 4th of
March. This was making a full and fair allow-
ance for the dillerenco that might exist in dif-
ferent instruments for keeping time; and ho
then retired from his chamber in the Capitol.
The fortification bill never pa.ssed Congress ; it
never was offered to him for his signature ; he,
therefore, can be in no fault It was arfjueil
that many acts of Congress passed on the 4th of
March, at the short .session, are upon our statute
books, and that these acts are vahd and binding.
It should ho remembered that they all bear date
on the 3d of March ; and so high is the authen-
ticity of our records, that, according to the rules
of evidence, no testimony can be received to con-
tradict any thing which appears upon the face
of our acts."

To show the practice of the Senate, when ita
attention was called to the true hour, and to
the fact that the fourth day of March was upon
them, the author of this View, in the course ot
this debate, showed the history of the actual ter-
mination of the last session — the one at which
the fortification bill was lost. Mr. Hill, of New
Hampshire, was speaking of certain enormous
printing jobs which were pres.sed upon the Sen-
ate in its expiring moments, and defeated after
midnight ; Mr. Benton asked leave to tell the
secret hi tory of this defeat ; which being
granted, he stood up, and said :

" He defeated these printing jobs after mid-
night, and by speaking against time. He had
avowed his determination to speak out the ses-
sion ; and after speaking a long time against
time, he found that time stood still ; that the
hands of our clock obstinately refused to pass
the hour of twelve ; and thereupon addressed
the presiding officer (Mr. Tyler, the I'resident
pro tern."), to call to his attention the refractory
disposition of the clock ; which, in fact, had been
set back by the officers of the House, according
to common usage on the last night, to hide from
ourselves the fact that our time was at an end.
The presiding officer (Mr. 13. said) directed an
officer of the IIou,~e to put forward the clock to

coo

TIIIRTV
_f

YEARS' VIEW.

tlie ri^rlit time ; which was done ; and not an-
other vote was taken that niglit, except the vote
to adjourn."

This wa>; a ca.se, as tlie lawyers .«ay, in point.
It was tlic refusal of the Senate the very nijrht
in question, to do any thing except to give the
adjourninf^ vote after the attention of the Senate
wa.s called to the hour.

In reply to Mr. Calhoun'a argument against
American arming, and that such arming would
i>o war on our side, Mr. Grundy replied :

"But it is said by the gentleman from South
Caroliiia (Mr. Calhoun), that, if wo arm, we in-
stantly make war : it is war. If this be so, we
arc placed in a most humiliating situation. Since
this controversy commenced, the French nation
has armed ; they have increased their vessels of
war ; they have equipped them ; they have en-
listed or pressed additional seamen into the pub-
lic service; they have appointed to the com-
mand of this large naval force one of their most
experienced and renowned naval officers ; and
this squadron, thus prepared, and for what par-
ticular purpose we know not, is now actually in
the nc-ighborhood of the American coast, I ad-
mit tljs proceeding on the part of the French
government is neither war, nor just cause of war
on our part ; but, seeing this, shall we be told,
if we do similar acts, designed to defend our own
country, we are making war 1 As I understand
the public law, every nation has the right to
judge for itself of the extent of its own military
and naval armaments, and no other nation has a
right to complain or call it in question. It ap-
pears to mo that, although the preparations and
armaments of the French government are mat-
ters not to be excepted to, still they should
admonish us to place our country in a condition
in which it could be defended in the event the
present difficulties between the *.wo nations
should lead to hostilities,"

In the course of the debate the greater part
of the opposition senators declared their inten-
tion to sustain measures of defence ; on which
Mr, Benton congratulated the country, and said :

" A good consequence had resulted from an
unpleasant debate. All parties had disclaimed
tlie merit of sinking the fortification bill of the
last session, and a majority had evinced a deter-
mination to repair the evil by voting adequate
iippropriations now. This was good. It be-
^poke better results in time to come, and would
dispel that illusion of divided counsels on which
the Frencli government had bo largely calcula-
ted. The rejection of the three millions, and
the loss of the fortification bill, had deceived
France ; it had led her into the mistake of sup-
posing that we viewed every question in a mer-
cantile point of view ; that the question of profit

and loss was the only rule we h.KJ to ..n i
that national honor was no object ; an<i j'f^i !j
ol)tain those mi.«crable twenty-(ivp mill
iVancs, we should be ready to submit to i-
quantity of indignity, and to wade thrdiirji, ,.;.
dt'pth of national humiliation. The ]:^^ .J
which has taken place will dispel that illii,.!,]
and the first dispatch which the youn- i
miral Mnckau will have to send to ins i^j^,'.
ment will lie to inform it that there has U*^
mistake in this business — that these .Amen
wrangle among themselves, but unite a;xi;,.j
foreigners ; and that many opposition Knati
are ready to vote double the amount (f id,
twenty-five millions to put the cnun'rv j, ,
condition to sustain that noble Ecntimtnt <
President Jackson, that the honor of Lis c^uj.
try shall never be stained by his inakinf ;
apology for speaking truth in the perfuriaaa
of duty."

CHAPTER CXXXIII.

FKENCIIINDEMNITIKS: BUITISII MEDIATKV J
DEMNIT1E9 I'AID.

The message of the President in relation ii
French affairs had been referred to the Senatei
committee on foreign relations, and before i
report had been received from that committeei
further message was received from the Presides
informing the Senate that Great Britain 1
offered her friendly mediation between tlie Uni.
ted States and France — that it had hnA
ccpted by the governments both of France i
the United States ; and recommending a sts
pension of all retaliatory measures agjia
France ; but a • Igorous prosecution of the i
tional works of general and permanent defent^
The message also stated that the mediation t
been accepted on the part of the United Su
with a careful reservation of the poinU inil
controversy which involved the honor of tlJ
country, and which admitted of no coraproniisj
— a reservation which, in the vocabulary of Geaj
eral Jackson, was equivalent to saying thatii
indemnities must be paid, and no apnio;
made. And such in fact was the case. Witl
a month from the date of that message thefoi
instalments of the indemnities then due,
fully paid • and without waiting for any actioj
on the part of the mediator. In communicj
the offer of the British mediation the Fresidt
expressed bis high appreciation of the 'elenU

ANNO 1836. ANDRFiV JACKSON, rRESIDEXT.

601

e only rule we had to '^ \,A
HOT was no object ; and \\j,{^
•arable twenty-livo milli
kl be ready to siil)mit m ,..
^ity, and to wade ttiroii.h ,.;■
nal humiliation. Tht liiv^jj
. place will dispel that lUij.;
ispatch which the youn; \-}
ill have to send to his pjvffj
inform it that there ha-i l,«7,J
buBincBS — that these Annim
themselves, but unite aayj
that many opposition sir.atv
ote double the amount (f tin
llions to put the coun'ry bi
istain that noble seniimunt J
:son, that the honor of his c-j J
r be stained by his miikins: J
aking truth in the perfurmaa'

PTER CXXXIII.

[NITIES: BniTISII MEDIATION; 15|
DEMNITIES PAID.

of the President in relation u
had been referred to the Scnait
foreign relations, and before s:
>n received from that committee j
-re was received from the Pre-ide

Senate that Great Britain
endly mediation between the U
id France — that it had ken
governments both of France
tates ; and recommending a si
11 retaliatory measures ag>i
BL'lgorous prosecution of the
of general and permanent defei
also stated that the mediation'
[ on the part of the United St
1 reservation of the points im
which involved the honor of ti
which admitted of no comprc
on which, in the vocabulary of Gei

was equivalent to saying tk'
must be paid, and no apok

such in fact was the case. Wit
n the date of that message thefo
jf the indemnities then due,
nd without waiting for any act
of the mediator. In commuiiiciti
the British mediation the Presii
8 high appreciation of the 'eiey

,1 disinterested motives of that offer." The |
"itires w"'- '" ^"^^ ^^^ elevated ami dicin-
r (j^,i . and presents one of those noble spec-
M in the conduct of nations on which his- j
loves to dwell. France and the Unite<l |
f»ate<ha<l fourht together against Great Britain ;
If Great IJi it lin steps between France and
■ United States to prevent Ihem from fight-
-cacli o^^^'^- George the Third received the
^inbined attacks of French and Americans ; his
.„ William the Fourth, interposes to prevent
heir arms from being turned against each other.
,.jj a iioldc intervention, and a just return
[rthe good work of the Emperor Alexander in
ring liis mediation between tho United States
nd Gaat Britain — good works these peace me-
ations and as nearly divine as humanity can
tacir-«'orthy of all praise, of long remem-
ancf. and continual imitation ;— tho more so
I this case of the British mediation when the
bnt to be prevented would have been so favor-
Le to British interests — would have thrown
L commerce of the United States and of France
[to her hands, and c^' H\pA her at the expense
(lioth. Happily the' < of the age which,

I cultivating good w '■ •> ;t nations, elevates
at powers above all selfishness, and permits no
ifricndly recollection — ^no selfish calculation —
[baliv the impulsions of a noble philanthropy.
[ have made a copious chapter upon the sub-
jttof this episodical controversy with France
nore full, it might seem, than the subject re-
eecing its speedy and happy termina-
but not without object. Instructive
Bons result from this history ; both from the
lench and American side of it. The wrong to
[United States came from the French cham-
rof deputies — from the opposition part of it,
uposed of the two extremes of republicans
ilegitimists, deadly hostile to each other, but
pbined in any attempt to embarrass a king
lom both wished to destroy : and this French
isition inflamed the question there. In the
^ted States there was also an opposition, com-
l of two, lately hostile parties (the modem
iind the southern dissatisfied democracy) ;
I this opposition, dominant in the Senate, and
(itrating the President's measures, gave en-
•agement to the French opposition : and the
I together, brought their respective countries
he brink of war. The two oppositions are
oasible for the hostile attitude to which the

two countrii<s were brotipht. Tliat this is not a
harsh opinion, nor without fi>iins:itii>ii, may Iv
seen by the history which is given of tlic case
in tho ch ipter dt'(.icate(l to it ; and '>f more is
wanting, it may iKsfounil in the ncordctl (lilmfts
of the day ; in which tjiinjrs were said wliirli
were afterwards regn-ttnl; and which, Ining
regretted, the author of this View has no desifo
to repeat: — the instructive lesson of history
which he wishes to inculcate, iKinp: complete
without the exhumation of what ouirht to rv-
main buried. Nor can the steadiness ami firm-
ness of President Jackson be overlooked in this
reflective view. In all the aspects of tlie French
question he remained inflexible in his demand
fc vuticc, and in his detrniination, so far as it
dept 1'' >d upon him to hivvi' it. In his final
message, communicating to congress the con-
clusion of the affair, he gracefully associated
congress with himself in their joy at the resto-
ration of the ancient cordial relations between two
countries, of ancient friendship, which miscon-
ceptions had temporarily alienated from each
other.

CHAPTER C XXXIV.

PRESIDENT JACKSON'S FOHEIGN DIPLOMACY.

A VIEW of President Jackson's foreign diplo-
macy has been reserved for the last year of his
administration, and to the conclusion of his
longest, latest, and most difficult negotiation;
and is now presented in a single chapter, giving
the history of his intercourse with foreign na-
tions. From no part of his pdministration was
more harm apprehended, by those who dreaded
the election of General Jackson, than from this
source. From his military character they feared
embroilments; from his want of exiwrience as
a diplomatist, they feared mistakes and blunders
in our foreign intercourse. These apprehe nsions
were very sincerely entertained by a lar^,e pro-
portion of our citizens ; but, as the event proved,
entirely without foundation. No part of his
administration, successful, beneficial, and honora-
ble as it was at home, was more f ucccssful, bene-
ficial and honorable than that of his foreign
diplomacy. He obtained indemnities for all
outrages committed ou our commc^ befor*

;ik

602

THIRTY YEARS' VIKW

his time, and none were committed during hiH
time. He mwlc (rood commercial treaticb with
Bome nations fmm which tlicy could not bo ob-
tained bef(jrc — .settled some long-standing and
vexatious questions ; and left the whole world
at peace with his countrj', and engaged in the
good offices of trade and hospitality. A brief
detail of actua' ..xurrences will justify this
general and ag- -ublc statement.

1. TrE DiRKCT Trade with the Biutish
West Indies. — I have already shown, in a sepa-
rate chapter, the recovery, in the first year of
his administration, of this valuable branch of
our commerce, so desirable to us from the near-
ness of those islands to our shore, the domestic
productions which they took from us, the em-
ployment it gave to our navigation, th' «"ctual
large amount of the trade, the acceptable articles
it gave in return, and its satisfactory establish-
ment on a f?urable basis after fifty years of in-
terrupted, and precarious, and restricted enjoy-
ment : and I add nothing more on that head.
I proceed to new cases of indemnities obtained,
or of new treaties formed.

2. At the head of these stands the French In-
demnity Treaty. — The commerce of the United
States had suffered greatly under the decrees of
the Euijicror Napoleon, and redress had been
sought by every administration, and in vain,
from that of Mr. Madison to tliat of Mr. John
Quiucy Adams, inclusively. President Jackson
determined from the first moment of liis admin-
istration to prosecute the claims ori France with
vigor ; and that not only as a matter of right,
but of policy. There were other secondary
powers, such as Naples and Spain, subject to the
same kind of reclamation, and which had shel-
tered their refusal behind that of France ; and
with some show of reason, as France, besides
having committed the largest depredation, was
the origin of the system under which they acted,
end the inducing cause of their conduct. France
was the strong power in this class of wrong-
doers, and as such was the one first to be dealt
\7ith. Tn his first annual message to the two
Houses of Congress, President Jackson brought
this subject before that body, and discl(<sed his
own policy in iclation to it. Ho took up the
question as one of undeniable wrong which had
already griven rise to much unpleasant discus-
sion, and which might lead to possible collision
Dctwecn the two covernments ; and expressed a

confident hoj* that the injuriotis delay* of .^1
past would find a redress in the er,iiitv of ^\
future. This was pretty clear lanpuatf. li'I
stood for something in the message (it i>^^|
dent whose maxim of foreign policy waji.to"»nI
nothing but what was right, and to submit J
nothing that was wrong." At the same uzA
Mr. William C. Rives, of Virginia, .laa m ■.
Paris as minister plenipotentiary and enror uJ
traordinary, and especially charged with this r
clamation.. His mission was successful ; lud |
the commencement of the session I83l-',3i iki
President had the giTitification to communia
to both Houses of Congress and to submit to t
Senate for its approbation, the treaty wbid
closed up this long-standing head of complijii
against an ancient ally. The French pmr}
ment agreed to pay twenty-five millions of fa
to American citizens " for (such was the lanm
of the treaty) unlawful seizures, captures,!
questrftions, confiscations or destructiou of thi
vessels, cargoes or other property;" subject t
deduction of one million and a half of fraii03f(J
claims of French citizens, or the royal traksoi
for " f'.ncient supplies i-r accounts," or fur
clamations on account of commercial inju:
Thus all American claims for spoliation in t
time of the Emperor Napoleon were acknotf
ledged and agreed to be satisfied, and the i
knowledgment and agreement for sati-sfactio^
made in terms which admitted t!'e illegality a
injustice ot the acts in which they origin;
At the same time all the French claims opt
the United States, from the time of our reroi
tion, of which two (those of the heirs of ]
maixihais and of the Count Rochanibeau) I
been a subject of reclamation for forty yei
were satisfied. The treaty was signed July 4
1831, one year after the accession of Louis Phi
lippe to the French throne — ard to the mtiii
desire of the new king (under the circumsl
of his elevation) to be on good terms with t
United States ; and to the good ofiBccs of Genei^
Lafayette, then once more influential in I
councils of France, as well as to the zealous e
ertions of our minister, the auspicious eonclui
of this business is to be much attributed.
indemnity payable in six annual equal m\i
ments, was satisfactory to government mil I
the claimants ; and in communicating idm
tion of the treaty to Congress, President Jk
son, after a just congratulation on putting!

ANNO 1838. ANDREW JACKSON. I'RJiSlDKNT.

603

lat the injurious dilay* of t^l
% redress in the er,iiiiy of u«l
18 pretty clear lanpiacc, ui|
ing in the mcBsagc (jf a !'» I
m of foreign policy was. lo-jul
it waa right, and to submit :
i wrong." At the same tictl
Rives, of Virginia, .vaa mi
r plenipotentiary and cnvov uJ
especially charged with this «
mission was succcs-xful; aali
ent of the sessior l8?\-'3i i
he giTitification to communia
of Congress and to submit to i
approbation, the treaty wk
long-standing bead of coraplj
icnt ally. The French govcrj]
pay twenty-five millions of in
izens "for (such was the langui
unlawful seizures, captures.!
nfiscationsor destruction of ti
1 or other property;" subject to J
ne million and a half of fraiicsfd
5h citizens, or the royal trcasorJ
juppiies ^r accounts," or fur r

account of commercial injui
rican claims for spoliation in I
mperor Napoleon were acknotl
reed to be satisfied, and the «or

and agreement for satisfaciia
which admitted tVe illegalitvi
e acts in which they origin
imo all the French claims opi
ites, from the time of our revoiJ
two (those of the heirs of Be

of the Count Rochambeau) 1
it of reclamation for forty yei
The treaty was signed Julylllj
r after the accession of Louis Phi
rench throne— ai>d to the mtu
lew king (under the circumstJ
,n)to be on good terms with t
; and to the good offices of Gene
en once more influential in
:ance, as well as to the zealouse
- minister, the auspicious conclir
ss is to bo much attributed.
^yablo in six annual equal m^

titisfactory to government «ndj

. and in communicating infow
reaty to Congress, President JiJ
just congratulation on puttii?"

I to 1 subject of irritation which for many

I biH, in Bomo degree, alienated two nations

> eich other, which, from interest as well as

early recxllcctions, ought to cherish the

^ friendly irlations — and (as if feeling all the

«r coasequcntial advantage'; of this success)

St on to state, as some of the good effects to

lit from it, that it gave encouragement to

«Tere in demands fur justice from other na-

5' that it would be an admonition that just

„i would be prosecuted to satisfactory con-

(iotts. and gi'o assurance to our own citizens

t their on^i government will exert all its con-

lutional power to obtain redress for all their

ki^ wrongs. This latter declaration was

rards pi t to the proof) in relation to the

lation of thb treaty itself, and was kept to the

IdIc extent of its letter and spirit, and with

results both to Franco and the United

les. It 60 happened that the French legisla-

I chambers refused to vote appropriations

issary to carry the treaty into effect. An

lonious correspondence between the two

^nimcnts took place, becoming complicated

k resentment on the part of France for some

i5ion.s, which she found to be disrespectfiJ,

Imessage of President Jackson. The French

iittr was recalled from thr United States;

I. American minister received his passport;

reprisals were recommended to Congress

: President. But there was no necessity

hhem. The intent to give offence, or to be

»:tful, was disclaimed -, the instalments

were paid ; the two nations returned

lelr accustomed good fee ling ; and no visible

I remains of the brief and transient cloud

for a while overshadowed them. So

^ed. in the time of Jackson, with entire

im to ourselves, and with honor to

[parties, the question of rf zlamations from

for injuries done our citizens in the

|of the Great Emperor ; and which the ad-

ationscf Jefferson, Madison, Monroe and

iQalncy Adams had been unable to rn-

iDixisn Treaty. — This was a convention
Klemnity for spoliations on Americap com-
i,oommitted twenty years before the time of
ilJackson'sadmiuistration. They had been
litted during the years 1808, 1809, 1810, and
I that is to say, during the last year of Mr.
on'badministratjon and the three first yea«

of Mr. Madison s. Thoy conKi.-^ted of iilcpil stiz-
urea and illegal cundcmnatioiLs or coiitl.scatiDii.^ uf
American vessels and their car^K'.s in DariiMli
ports, during the time whon the l{ritii*h onlers
in council and the Fruniii iuiperia,! decn-c.-* wire
devastating the commerce of neutral natiun.s, and
subjecting th" 'v^akcr powers of Kurojie to the
course of policy which the two great iR'HigenMit
powers had adopted. The tennination uf tliu
great European contest, and the return of nation.s
to the accustomed paths of comnieivial inter-
course and just and friendly relations, funiished
a suitable opportunity for the United States,
whose citizens had suffered so much, to demand
indemnity for these injuries. The demand had
been made, and had been followed up with zeal
during each succeeding administration, but with-
out effect, until the administration of Mr. John
Quincy Adams. During that administration,
and in the hands of the American Charg6 d'Af-
faires (Mr. Henry Wheaton), the negotiation
made encouraging progress. General Jackson
did not change the negotiator— did not incur
double expense, a year's delay, and substitute a
raw for a ripe minister — and the negotiation
went on to a speedy and prosperous conclusion.
The treaty was concluded in March, 18.30, and
extended to a complete settlement of all ques-
tions of reclamation on both sides. The Danish
government renounced all pretension to the
claims which it had preferred, and agreed to pay
the sum of six hundred and fifty thousand dol-
lars to the government of the United States, to
be by it distributed among the American claim-
ants. This convention, which received the im-
mediate ratification of the Presidcut and Senate,
terminated all differences with a friendly p rer,
with whom the United States never had any
but kind relations (these spoliations excepted),
and whose trade to her West India islands, ly-
ing at our door, and taking much of our domes-
tic productions, was so desirable to us.

4. Neapolitan Indemnity Treaty. — When
Murat was King of Naples, and acting upon the
system of his brother-in-law, the Emperor Na-
poler he seized and confiscated many vessels and
their cargoes, belonging to citizens of the United
States. The years 1800,1810, 1811 and IP 12 were
the periods of these wrongs. Efforts had been made
undrr each administration, from Mr. Madison to
Mr. John Quincy Adams, to obtain redress, but
in vain. Among others, the special mission of

C04

THmT\ YF.A«W V1E\V.

Mr. William Pinkrey, the eminent crator and
jurist, was instituted in tlio lost j'car of Mr.
MadiHon's administration, exclusively chai^d,
at tliut court, with soliciting indemnity for the
Murat spoliations. A Bourlx)n was then upon
the tlifv/nc, and this 'legitimate,' considering
Murat as an usurper who had taken the king-
dom from its proper owners, and done more
harm to them than to iny body else, was natu-
rally averse to i ing compensation to other
nations for his ii .ous acts. This repugnance
had found an cxk, .c ia the fact that France, the
(^reat original wrongdoer in all these spoliations,
and under whoso lead and protection they were
all committed, had not yet been brought to ac-
knowledge the wrong and to make satisfaction.
The indemnity treaty with France, in July 1831,
put an end to this excuse ; and the fact of the
depr'^dations being clear, and the law of nations
indisputably in our favor, a further and more
earnest appeal was m "e to the Neapolitan gov-
ernment. Mr. John Nelson, of Marj'land, was
appointed United States Charg6 to Naples, and
concluded a convention for the payment of the
claims. The sum of two millions one hundred
and fifteen thousand Neapolitan ducats was
stipulated to be paid to the United States gov-
ernment, to be by it distributed among the claim-
ants ; and, being entirely satisfactory, the con-
vention immediately received the American
ratification. Thus, another head of injury to
our citizens, and of twenty years' standing, was
settled by General Jackson, and in a case in
which the strongest prejudice and the most re-
olting repugnance had to be overcome. Murat
had been shot by order of the Neapolitan king,
for attempting to recover the kingdom ; he was
deemed a usurper while he had it; the exiled
royal family thought themselves sufficiently
wronged by him in their own persons, without
being made responsible for his wrongs to others;
and although bouadby the law of nations to
answer for bis conduct while king in point of
fact, yet for almost twenty years — from their res-
toration in 1814 to 1832 — they had resisted and
repulsed the incessant and just demands of the
United States. Considermg the sacrifice of
pride, as well as the large comitcnsation, which
this branch of the Bourbons had to make in
paying a bill of damages against an mtrusive king
of the Bonaparte dynasty, and this indemnity
ibtained from Naples in the third year of General

Jackson's first presidential term, which t*ir
refused to his three predecessors — MestrK \
son, Monroe and John Quincy Adanw~nu H
looked upon as one of the most rcmarkab 1
his diplomatic suocesses.

Spanish Imdemnitt Treaty Tiic t^

of 1819 with Spain, by which we (tained y,"
and lost Texas, and paid five millions of ifcij
to our own citizens for Spanish spolutj,
settled up all demands upon that power gj]
that time; but fresh causes of complaint •
grew up. All the Spanish-American 8Ut«ii
become independent — had established thtirn
forms of government — and commenced polit.
and commercial communications witli ii] ii
world. Spanish policy revolted at this (
of colonies from its hands ; and althou''h m
to subdue the new governments, was able t« j
fuse to acknowledge their indepcndena
to issue paper blockades, and to seize and «
fiscato the American merchant vessel) tn
to the new states. In this way much dii
had been done to American commerce eTuI
the brief interval between the date of the tn
of 1819 and General Jackson's election toi
presidency, ten years thereafter. A newjiitl
claims for spoliations had grown up; and!
of the early acts of the new President (rtil
intstitute a mission to demand indemnitr.
Cornelius Van Ness, of New- York, wis |
minister appointed ; and having been rcfm
his first application, and given an account ot J
refusal to his government, President Ju
dispatched a special messenger to the AmoiJ
minister at Madrid, with instructions,'
more " to bring the subject to the considen
of the . Spanish government ; informing Con}
at the same time, that he had made his lastJ
mand ; and that, if justice was not doift|
would bring the case before that body, '■«[
constitutional judge of what was proper toj
done when negotiation fails to obtain redn
wrongs." But it was not found necessa7|
bring the case before Congress. On id
examination of the claims presented andfor|
enforcement of which the power of thegii
ment had been invoked, it was found thatll
had occurred in this case what often taiiesji
in reclamation upon foreign powers; thatciij
were preferred which were not founded Injoj
and which were not entitled to the i
interference. Faithful to his principle tol

ANNO 1836. ANDREW JACKSON. TUHSlliKNT.

^,o:^

)rc8idcntial term, which hMt*
reo predecessors — MeMn. )
d John Quincy AdanK-m»J
one of the most remarkib*]
Buocesses.

DEMHiTY Treaty.— The tr,
pain, by which we piind Floi,
, and paid five millions of doUj
litizena for Spanish epoliitii
demands upon that power up I
; fresh causes of complaint i
the Spanish- American BUtcili
ndent — had established thcito
■nment — and commenced politi
lal communications wltli til
iih policy revolted at this ik
m its hands ; and although nig
new governments, was able to J
wiedge their independena
' block&des, and to seize and e
merican merchant vessels tn
ates. In this way much (
le to American commerce, et{i|
rval between the date of the t
General Jackson's election to ^
en years thereafter. Ane\7litt|
filiations had grown up;iuid(
icts of the new President vru|
lission to demand indemnity.
an Ness, of New-York, wis I
ointed; and having been rcfiu
ication, and given an account ot|
is government, President h
special messenger to the Aneiil
Madrid, with instructions,'
ing the subject to the considen
ih government; informing Codj
time, that he had made his iastl
that, if justice was not
the case before that body, 'u I
al judge of what was proper tol
legotiation fails to obtain redn
Jut it was not found necessayj
ase before Congress. On td
, of the claims presented andfor|
, of which the power of the g."*
sen invoked, it was found that d
d in this case what often takes [I
ion upon foreign powers; that cl^
rod which were not founded injui
were not entitled to the i
. Faithful to his princi]

■thing but what was right, General Jackson
tri-d these unfoundod claims to be dropped, and
(just claims only to bo insisted upon ; and in
nmunictting this fact to CongreM, he declared
wlicy c'.iaracteriatically with regard to for-
nitions, and in terms which deserve to bo
embercd. He said : " Faithful to the princi-
^^fusking nothing but what was clearly right,
litional instructions have boon sent to modify
demands, so as to embrace those only on
ch, according to the laws of nations, wo had
trict right to insist upon." Under these mo-
instructions a treaty oi indemnity was
jcludcd (February, 1834), and the sum of
(Ire niilli'~''S of reals vellon stipulated to be
id to the government of the United States, for
ribution among the claimants. Thus, another
nee of spoliation upon our foreign com-
and the last that remained unredressed,
(closed up and satisfied under the adminis-
^tion of General Jackson ; and this last of the
ilutionary men had the gratification to re-
! unmixed cordial intercourse with a power
lich had been our ally in the war of the Revo-
tion ; which had ceded to us the Floridas, to
nd off with a natural boundary our Southern
rltory ; which was our neighbor, oontermin-
I in dominions, from the Atlantic to the Paci-
and which, notwithstanding the jars and
Bisions to which bordering nations are always
ijjcct, had never committed an act of hostility
DD the United States. The conclusion of this
rvas grateful to all the rememberers of our
vlutionary history, and equally honorable to
1 pariies: to General Jackson, who renounced
bunded claims, and to the Spanish govern-
Dt, which paid the good as soon as separated
I the bad.

i RissiAX Commercial Treaty. — Our re-

onswith Russia had been peculiar — politi-

Ij, always friendly; commercially, always

1— jet, no treaty of amity, commerce, and

ligation, to assure these advantages and guar-

I their continuance. The United States had

I sought such a treaty. Many special mis-

, and of the most eminent citizens, and at

m times, and under difierent administra-

, and under the Congress of the confedera-

before there was any administration, had

instituted for that purpose — that of Mr.

ncis Dana of Massachusetts (under whom

Toung John Quincy Adams, at the age of

sixteen, served his dlj'lomatic apprcnticeAip m
private secretary), in 17h4, under the old Con-
gress ; that of .Mr. Kufiis Kin?, under the first Mr.
Adams; that of Mr. John Qiiinry Adanio, .Mr.
Albert Gallatin, Mr. James A. IJaynrd, and .Mr
William Pinkney, under Mr. Monroe ; that of
Mr. George Washington Campbell, and Mr.
Henry Middleton, under Mr. Monroe (the latter
continued under Mr. John Quincy Adams) ; and
all in vein. For some cause, never publicly ex-
plained, the guaranty of a treaty had been con-
stantly declined, while the actual advantages of
the most favorable one had Inen constantly
extended to vs. A convention with us for the
definitiou of boundaries on the northwest coast
of America, and to stipulate for mutual freedom
of fishing and navigation in the North Pacitio
Ocean, had been readily agreed upon by the Em-
peror Alexander, and wisely, as by separating
his claims, he avoided such controversies as af-
terwards grew up between the United States and
Great Britain, on account of their joint occupa-
tion ; but no commercial treaty. Every thing
else was all that our interest could ask, or her
friendship P'^^end. Reciprocity of dijjlomatic
intercoui . ^ fully established ; ministers regu-
larly appointed to reside with us — and those of
my time (I speak only of those who "ame within
my Thirty Years' View), the Chevalier de Poli-
tica, the Baron Thuyl, the Baron Krudener, '1
especially the one that has remained lot c
among us, and has married an American lady, ivl.
Alexandre de Bodisco — all of a personal character
and deportment to be most agreeable to our go-
vernment and citizens, well fitted to represent
the feelings of the most friendly sovereigns, and
to promote and maintain the most courteous and
amicable intercourse between the twc countries.
The Emperor Alexander had signally displaj'ed
his good will in offering his mediation to termi-
nate the war with Great Britain; and still fur-
ther, in consenting to become arbitrator be-
tween the United States and Great Britain in
settling their difference in the construction of
the Ghent treaty, in the article relating to fugi-
tive and deported slaves. We enjoyed in Rus-
siar ports all the commercial privileges of the
most favored nation ; but it was by an unfixed
tenure— at the will of the reigning sovereign;
and the interests of commerce required a moro
stable guaranty. Still, up to the commencement
of General Jackson's administration, there was

GOG

TIIIRTV YEARS' VIEW

no American treaty of amity, commerce, and
nnvigation with that great power. The atten-
tion of President Jacknon was early directed to
thin anomalous point ; and Mr. John Randolph
of Roanoke, then retired from OongrcsR, was
induoefl, by the earnest perauaaious of the Pre-
sident, and his Secretary of State, Mr. Van Buren,
to accept the place of envoy extraordiiury and
minister plenipotentiary to the Court of St.
Petersburg— to renew the applications for the
treaty which had so long been made in vain.
Repairing to that post, Mr. Randolph found that
the rigors of a Russian climate were too seTcrc
for the texture of his fragile constitution ; and
was soon recalled at his own request. Mr.
James Buchanan, of Pennsylvania, was then ap-
pointed in his place ; and by him the long-de-
sired treaty was concluded, December, 1832 —
the Count Nesselrode the Russian negotiator,
and the Emperor Nicholas the reigning sover-
eign. It was a treaty of great moment to the
United States ; for, although it added nothing
to the commercial privileges actually enjoyed,
yet it gave stability to their enjoyment ; and so
imparted confidence to the enterprise of mer-
chants. It was limited to seven years' duration,
but with a clause of indefinite continuance, sub-
ject to termination upon one year's notice from
either party. Near twenty years have elapsed :
no notice for its termination has ever been given ;
and the commerce between the two countries
feels all the advantages resulting from stability
and national guaranties. And thus was obtain-
ed, in the first term of General Jackson's ad-
ministration, an important treaty with a great
power, which all previous administrations and
the Congress of the Confederation had been un-
able to obtain.

7. Portuguese Indemnity. — During the
years 1829 and '30, during the blockade of
Tcrceira, several illegal seizures were made of
American vessels, by Portuguese men-of-war,
for alleged violations of the blockade. The
United States chargi tPaffairs at Lisbon,
Mr. Thomas L. Brent, was chai^d with the
necessary reclamations, and had no difficulty in
coming to an amicable adjustment. Indemnity
in the four cases of seizure was agreed upon in
March, 1832, and payment in instalments stipu-
lated to be made. There was default in all the
instalments after the first — not from bad faith,
but from total inability — although the instal-

ments were, in a national point of vicir rjl
amoimt It deserves to be recorded „ ,
stance of the want to which a kiDgdom i
very name had been once the synonym of
regions and diamond mines, may be reduc^j i
wretched government, that In one of the m
views of the American charge (then Mr
ward Kavanagh), with the Portuguese Minii
of Finance, the minister told him " that no »
sons in the employment of the government.
ccpt the military, had been paid any pan j
their salaries for a long time ; and that on t
day, there was not one hundred dollarj in i
treasury." In this total inability to p»r ,
with the fact c' having settled fairly fuj,
time was given until the first day of U_
1837 ; when full and final payment was made!
the satisfaction of the claimants. f

Indemnity was made to the claimants br J
lowing interest on the delayed payment*,!
an advantage was granted to an article of J
rican commerce by admitting rice of theUnii
States in Portuguese ports at a reduce I M
The whole amount paid was about ^\m
which included damages to some other ves
and compensation to the seamen of the (
tured vessels for imprisonment and
clothes — the sum of about $1,600 for these IJ
ter items — so carefully and minutely were J
rights of American citizens guarded in Jackw
time. Some other claims on Portugal, i
sidered as doubtful, among them the ca.se i\
brave Captain Reid, of the privateer Gem
Armstrong, were left open for future pre
tion, without prejudice from being omiltedl
the settlement of the Tcrceira claims, wi!!
were a separate class.

8. Treaty with the Ottoman EmphiI
At the commencement of the annual scssioil
Congress of 1830-'31, President Jackson t
the gratification to lay before the Senate ati
of friendship and comraercd between the W
States and the Turkish emperor— the U
Mahmoud, noted for his liberal ibruign viewj,!
domestic reforms, his protection of Christi
and his energetic suppression of the ja;
— those formidable barbarian cohorts,
than prastorian, which had so long domini
the Turkish throne. It was the first km
treaty made with that power, and so dec
in the preamble (and in terms which implid
personal compliment from the Porto in dJ

ANNO 183S. ANDREW JACKSON, PIUi^lDKNT.

(107

a national point of view, of n
jserrca to be reconlfd, u u
vant to which a kingdom, «
been once the synonym of
imond mincH, may be Nm^j
mmcnt, that In one of the in
American charge (then Mr
h), with the Portuguese Mir..
5 minister told him " that no
iployment of the governraont,
;ary, had been paid any pan
for a long time ; and thot.un
s not one hundred dollars in
n this total inability to par,.
o' having settled fairly, fun]
ren until the first day of Jt
all and final payment was nude,
)n of the claimants,
was mode to the claimantsky
•Bt on the delayed payments,
was gnintcd to an article of.
rce by admitting rice of IheTni
rtuguese ports at a reduce I di
imount paid was about §140,
led damages to some other k
Ration to the seamen of the
8 for imprisonment and loss
sum of about !|1,600 for these
10 carefully and minutely were
erican citizens guarded in Jacfc
e other claims on Portugal,
)ubtful, among them the case ot
,in Reid, of the privateer Ge
were left open for future pw
t prejudice from being omitted
•nt of the Tcrceira claims, vfl
mtc class.

Y WITH THE Ottoman Empiii
nenoement of the annual session
r 1830-'31, President Jackson
tion to lay before the Senate ati
) and commerce! between the I'l
the Turkish emperor-the Si
^oted for his liberal foreign views,!
forms, his protection of Chrisf
getic suppression of the jan' •
■midable barbarian cohorts,
•ian, which had so long domii
throne. It was the first Ami
with that power, and so d(
nble (and in terms which implii
mpliment from the Porte in di

!>,» what it hail always refused to do before),

1^ vu eminently dcairablo to us for conuncr- [

L political and social reasons. The Turkish i

Lminion-i include what was once nearly the 1

L( bi>lf of the Roman world, and countries

f hidi hid celebrity before Homo was founded.

and profane history had given those do-

inioDS « venerable interest in our eyes. They

irered the scat which was the birth-place of

human race, the cradle of the Christian re-

.jon ; the early theatre of the arts and sciences ;

contained the city which was founded by the

Irst Roman Christian emperor. Under good gov-

iment it had always been the scat of rich com-

irccand of great wealth. Under every »"pect

mg desirable to the United States to havo its

:i«l, political and commercial intercourse with

dominions placed on a safe and stable foot-

uuder the guaranty of treaty stipulations ; and

object was now accomplished. These were

le general considerations; particular an 1 recent

[Stances gave them additional weight.

Exclusion of our commerce from tho Black

ind the advantages which some nations

lately gained by the treaty of Adriano-

called for renewed exertions on our part ;

they were made by General Jackson.

commissioner was appointed (Mr. Charles

id) to open negotiations with the Sublune

; and with him were associated the United

I naval commander in the Mediterranean

!ommodore Biddle), and the United States

!ul at Smyrna (Mr. David OflBey). Mr.

id completed the negotiation, though the

!r gentlemen joined in the signature of the

ity. By the provisions of this treaty, our

le with the Turkish dominions was placed

the footing of tho most favored nation ; and

Ibg without limitation as to time, may be

lidered as perpetual, subject only to be ab-

itcd by war, in itself improbable, or by other

Its not to be expected. The right of passing

Dardanelles and of navigating the Black Sea

secured to our merchant sh'ps, in ballast or

Ih cargo, and to carry the products of the

^ted States and of the Ottoman empire, ex-

the prohibited articles. The flag of the

pted States was to be respected. Factors, or

imercial brokers, of any religion were allowed

be employ?^ by our merckxnts. Consuls

placed on a footing of secarity, and tra-

ling with passports was protected. Fairness

and justice in units and litipations were proridi-"!
for. In questionn U'twitn a ritiaii cif tli«
United States and a subjict of tln« Sublimii
Porte, tho partir.H were n>.t to Ih« heard, nor
judgment pronounced, uiiUx.s tin AiniTionn in-
tcri)rcter (dragoman) was prt H4i>t. In tiuestionn
between American citizens the trial was to )«
before tho United States miiiiHtir or constil.
" Even when they (the Anu'rican citi/.onn, so run.'S
the fourth article), shall Imvu nunmittcil some
offence, they shall not be arrested and put in
prison by tho local authorities, hut shall lie
tried by tho minister or consul, and punislud
according to tho olTcncc." By tlii.s treaty all
that was granted to other nations by the treoty
of Adrianopio is also granted to the United
States, with tho additional stipulation, to Ix? al-
ways placed on the footing of tho most favorecl
nation— a stipulation wholly independent of the
treaty exacted by Russia at Adrianopio as tho
fruit of victories, and of it.^clf equivalent to «
full and liberal treaty ; and the whole guaran-
teed by a particular treaty with ourselves, which
makes us independent of the general treaty of
Adrianopio. A spirit of justice, liberality and
kindness runs through it. Assistance and pro-
lection is to bo given throughout tho Turkish
dominions to American wrecked vessels and
their crews ; and all property recovered from a
wreck is to be delivered up to the Americun
consul of tho nearest port, for the benefit of the
owners. Ships of war of the two countries ire
to exhibit towards each other friendly am
courteous conduct, and Turkish ships of war are
to treat American merchant vessels with kind-
ness and respect. This treaty has now been in
force near twenty years, observed with perfect
good faith by each, and attended by all tho good
consequences expected from it. Tho valuable
commerce of the Black Sea, and of all the Tuik-
ish ports of Asia Minor, Europe and Africa
(once tho finest part of the Roman world),
travelling, residence, and the pursuit of business
throughout the Turkish dominions, are made as
safe to our citizens as in any of tho European
countries ; and thus the United States, though
amongst the youngest in the .\:nily of nations,
besides securing particular advantages to her
own citizens, has done her part in bringing
those ancient countries into the system of mod-
ern European commercial policy, and in har-
monizing people long estranged from each other.

COS

TIIUITV YRAIW VIEW.

9. Rknkwm, orTiiK treaty with Moroc-
co. — A tiiiil y liuii Inn-n iiiude with thi8 power
Id the tiriii! cW tliu old Cuii){n>BH under tho Con-
fedtTutii'Ti ; mid it is honorable to Morocco to
Bee in t hilt treaty, at tho time when all other
liowers on tlio IJiirbary coast deemed tho pro-
|K.rty of a C'liristiun, lawful prey, and hisi>cr8on
u i>ri)p<T Kiibjcct for captivity, entering ii.iosuch
HtipulatioiiH as these followinfr, with a nation no
young as tlie Inited StatcH: '•Neither party to
take contniissionH from an enemy ; persons and
property ciiptured in nn cm-my's vessel to bo
released; American citizens and eflects to bo
restored ; stranded vessels to be protected 5 ves-
sels enga^red in gunshot of forts to be protected ;
enemies' vessels not allowed to follow out of
port for twenty-four hours ; American commerce
to Ix V .1 the most favored footing ; exchange of
prisoners in time of war; no compulsion in buy-
ing or selling goods ; no examination of goods
on board, except contraband was proved; no
detention of vessels ; disputes between Ameri-
oans to be settled by their consuls, and the con-
sul assisted when necessary j killing punished
by tho law of tho country ; the eiTects of per-
sons dying intestate to bo taken care of, and de-
livered to tho consul, and, if no consul, to be
deposited with some person of trust ; no appeal
to arms unless refusal of friendly arrangements ;
in case of war, nine months to be allowed to
citizens of each power residing in tho dominions
of tho other to settle their oirairs and remove."
This treaty, made in 1787, was the work of
Benjamin Franklin (though absent at tho sig-
nature), John Adams, at London, and Thomas
JcScrson, at Paris, acting through the agent,
Thomas Barclay, at Fez ; and was written with
a plainness, simplicity and beauty, which I have
not seen equalled in aay treaty, between any
nations, before or since. It was extended to
fifty years, and renewed by General Jackson, in
the last year of his administration, for fifty
years more ; and afterwards until twelve months'
notice of a desire to abridge it should be given
by one of the parties. The resident Aiiierican
consul at Tangier, Mr. James li. Leib, negotia-
ted the renewal ; and all the parties concerned
had the good taste to preserve the style and
]t\nguagc of the original throughout. It will
stand, both for the matter and the style, a monu-
ment to the honor of our early statesmen.

10. TrkATY or AMITV AND TOMMKirc »„j

SiAM. — This wan conciudetl in Manh, l,>:i,'i \!a
Kdmund UoliortH the negotiator on iho n-
the L'liited States, and contained the iir„Vj,,
in behalf of American citizens and ci.mi-
which ha;.
which may well become tho mo»lel of all ti,
may be made, in f,il time to come, witjj ^n ,
Oriental nations.

11. The same with the Sultan or Jfn

CAT.

Such were tho fruits of the forci|,rn diploi
cy of President Jackson. There were oth,
treaties negotiated under his administration.
with Austria, Mexico, Chili, Peru, B(jlivU,V(i
ezuela — but being in the ordinary oourse 1
foreign intercourse, do not come within (
scope of this View, which confines itself lo]
notice of such treaties as were new or difi
— which were unattainable by previous sdmb
trations; and those which brouplit indmjiJ
to our citizens for spoliations committed m
them in the time of General Jackson's pn
ccssors. In this point of view, the list of tn
ties presented, is grand and imprcgsirc;
bare recital of which, in the most subdued 1
guage of historical narrative, places tiic fortJ
diplomacy of General Jackson on a level wi|
the most splendid which the history of anjo
tion has presented. First, tho direct trade «ij
tho British West Indies, which had balBcd i
skill and power of all administrations, fni
Washington to John Quincy Adams incluih)
recovered, established, and placed on a pen
nent and satisfactory footing. Then indeinniiil
from France, Spain, Denmark, Naples, Portaj
for injuries committed on our commerce in I
time of tho great Napoleon. Then original ti
ties of commerce and friendship with great pow
from which they never could be obtained belol
— Russia^ Austria, the Sublime Porte. Thi
leaving his country at peace with all the TOti
after going through an administration of (it
years which brought him, as a legacy from |
predecessors, the accumulated questions uf 1
an age to settle with the great powers. Thi
the eulogy of facts, worth enough, in the pU
est language, to dispense with eulogiuii|

WORDS.

AMNO l»Z6. ANDIIKW JACIC<(>N, MlfSIDKNT.

COO

AMITY AND rOMM|;«ri »,J

concUidul in Manh, \^IX),\\
the negotiator on tho 1 1-; ,
I, and cont»ini'(l the ijri.vi.
ir\cnn citizvna an<l anatf.
il^rced upon in tho tn»ty »,;]
to, which WM itnt'lf prinn[4;iJ
it with Morocco in 17>T; 1
hccomo the model of »11 1),
f,!l time to come, with til i

E WITH THE Sultan of Mri

le fruits of the forcipi i
t Jackson. There were ot
ted under his administratioi
lexico, Chili, Peru, U()livi»,v,
ling ill the ordinary coiirm
urae, do not come within tl
'^iew, which confines itself lo
treaties as were new or di
unattainable by previous admii
those which broupht indmnil
1 for spoliations committed n
me of General Jackson's pi
lis point of view, the list of t
, is grand and impressive;
which, in the most subdued
rical narrative, places tlie forei
General Jackson on a level
idid which the history of any
nted. First, tho direct trade wil
est Indies, which had baffled
ver of all administrations, fi
;o John Quincy Adams incl
ablished, and placed on a pei
ifactory footing. Then indemnii
Spain, Denmark, Naples, Port
tmmittcd on our commerce in
eat Napoleon. Then original
rceandfriendshipwithgreatpo'
liey never could be obtained
istria, the Sublime Porte. Tl
mntry at peace with all the w
irough an administration of e
brought him, as a legacy from
the accumulated questions of
tie with the great powers. Tlu
FACTS, worth enough, in the pi
to dispense with eulogium

CII.U'TEIl CXXXV.

SLAVEUT AGITATION.

ifiip»i«ful to WO tho unceaNing efforts to
the South by imputations agaiuHt the
of unconstitutional designs on tho subject
ilirery. You are right, I have no doubt, in
iLding that no such intermeddling dispoKition
in tho body of our Northern brethren.
,ir good faith is sufficiently guaranteed by
interest they have as merchants, m ship
.N and as manufacturers, in preserving a
jon with tlie slaveholding States. On the
>r hand what madncs.s in the South to look
plater safety in disunion. It would bo
than Jumping uito tho fire for fear of the
pan. Iho danger from tho alarms is, that
pride and resentment exerted by them may
[id overmatch for the dictates of pmdence;
fiTor the project of a Southern convention,
liously revived, as promising by its councils,
ibest securities against griuvances of every sort
the North." — So wrote Mr. Madison to Mr.
in Juno 1833. It is a writing every word
ihich is matter for grave reflection, and tho
It the head of all. It is dated just throe
itht after the tarill" " compromise " of 1833,
[h, in arranging the tariil' question for nine
was supposed to have quieted tho South
It in end to agitation, and to tho idea of a
llKm convention — and given peace and liar-
ly to tho whole Union. Not so the fact — at
not so tho fact in South Carolina. Agita-
did not cease there on one point, before it
on another: the idea of a Southern con-
in for one ciause, was hardly abandoned
it was "insidiously revived" upon another,
the language of Mr. Madison in qualifying
Imival with a term of odious import : Tor
1 was a better master of our language than
-no one more scrupulously just in all
id^ents upon men and things — and no
loccupying a position cither personally, po-
lly, or locally, to speak more advisedly on
nbject of which he spoke. lie was pained
I the efforts to alarm the South on the sub-
f slavery, and the revival of the project for
^them convention ; and he feared the eiTect
|i these alarms should have on the pride and

I Vol. I— 39

row titnient of .*<(>iithcrn pcopK IliN Irttcr WM
not t<» a iM'ighlM>r, or to a liti/on in 1 1 ivnie lifo,
Itut to n publir mim on \Uv tin ntrc of nitionaj
action, and otu- who hud iwti d a |Mirt in (-oiti|io-«-
iiig national difllciiltiiM. It w-m evidintly
written for a piiqMisp. It wn« in nnnwrr lo .Mr.
Clay's expresHod lH.!iif, that no (kni/n honti!««
to Soiilhi 11) slavery fxi«ti'd in the Jxidy „( the
No-^lhcrn {Koplc — to concur ^»ith him in that
belit.'— ami to give him warniniri! it thodungiT
\va»> in nnothiT quarter — in tin '.ontbiif;ir; ond
that it looked to a disnolntion of the Tnion. It
WHS to warn an eminent public man of a n«\v
fonrce of national danger, more alarming than
the one he ho«l just Uen composing.

About the same time, ond to un old nml con-
fidential friend (Edward CoieH, Enq., who liad
been his private Kccrtfiiry when l'iv«ident), Mr.
Madison also wrote : "On the other hand what
more dangerous than nullification, or more evi-
dent tliun tho progress it continues to make,
either in its original shape or in the di'^guises it
a<<sume8? NiiUifieaiion has tho effect of put-
ting powder under tho constitution and the
Union, and a match in the hand of every party
to blow them up at pk'ii>ure. And for its pro-
gress, hearken to the tone in which it is now
prenched: cast your eyes on its increasing minor-
ities in the most of the Southern States, williont
a decrease in any of them. Look at Virginia
herself, and read in the giizc'tt(H,and in the pr'j-
ceedings of popular meetings, the figure wliicli the
anarchical principle now makes, in contrat^twith
the scouting reception given to it but a hliort
time ago. It is not probable that this odspring
of the discontents of South Carolina will ever
approach success in a majority of tho States:
but a susceptibility of the contagion in the
Southern States is visible : and the danger not
to be concealed, that the sympathy arising from
known causes, and the inculcated impression of
a permanent incompatibility of interests between
tho South and the North, may put it in tho power
of popular lenders, aspiring to tho highest sta-
tions, to unite the South on some critical occa-
sion, in a course that will end in creating a now
theatre of great though inferior interest. In
pursuing this course, tho first ond most obvious
step is nullification, the next secession, and the
last a farewell separation."

In this view of the dangers of nullification in its
now "disguise" — the susceptibility of the South to

GIO

TllinTY YKAII.S' VIKW.

itM conta|;ioim inflnctirc — itM fatal action upon an
"innilcntL'<lin(<>n)|)iitiliility()f itit< ruata" bctwuvn
tlio Nurth and tho South— its incrvaito in tliu
Hlavo States — its progn'M, llrwt t, iccfssion,
and then to "farfwcli separation : " in tliis view
of tlio (lid danger timk'r ita new dii*i;uiiie, Mr.
^fadi8on, then eiglity-fiiiir years old, writeit
with tho wisduin ol a(;c, the furenight of ex|H!ri-
cnco, tho spirit of patriotism, and the " pain "
of 'h art which a conttntplation of the division
of thoHo States excited which it tiad been tho
pride, tho glory, and tho labor of his life to
unite, The slavery turn which was given to
tlie Southern agitation was the aspect of the
danger which filled his mind with sorrow and
misgiving: — and not without reason. A paper
publiHlied in Washington City, and in tho in-
terest of Mr. Calhoun, was incessant in propa-
gating tho slavery alarm — in denouncing tho
North — in exhorting tho Southern States to
unity of feeling and concert of action as tho
only means of saving their domestic institutions.
Tho language had become current in some parts
of tho South, that it was impossible to unite tho
Southern States upon tho tariff question : that
tho sugar interest in Louisiana would prevent
her from joining : that it was a mistake to havo
made that issue : that the slavtiy question was
the right one. And coincident with this current
language were many publications, urging a
Southern convention, and concert of action.
Passing by all these, which might be deemed
mere newspaper articles, there was one which
bore the impress of thought and authenticity —
which assumed the convention to be a certainty,
the time only remaining to be fixed, and the
cause for it to be in full operation in the Nor-
thern States. It was published in the Charles-
ton Mercury in 1 835, — was entitled the " Crisis "
— and had the formality of a manifesto ; and
after dilating upon the aggressions and encroach-
uients of the North, proceeded thus :

"The proper time for a convention of the
slaveholding States will be when the legislatures
of Pennsylvania, Massachusetts and NeW-York
shall have adjourned without passing laws for
the suppression of the abol ition societies. Should
either of these States pass such laws, it would
bo well to wait till their efficacy should be test-
ed. The adjournment of the legislatures of the
Northern States without adopting any measures
efteetually to put down Qarrison, Tappan and
their associates, will present an issue which must
be met by the South, or it will be vain for us ever

sflor to attempt any thinp further tlwn f ,, ,,^
State to pDvido for her own Kiifitv liv <Wffri,,j
meaMurcM of her own. If the inmii' pWnntM'
to l»c met, it can only l»e done by a (ntiifnr
States; t"

tho

priHTci

of the a;rgrieved

which, to Ik? of any value, mui»t enilKKly J
make Known tho scntimentM of the wlwikso^.J
and contain the distinct annunriatioti </ ,,
fixed an<l unaltered detennination tooliuigt
redress of our grievances, !» the ennMimn),
what they may. NVe must have it clijrlf n
derstood that, in framing a constitutional mm
with our Northern brethren, tho hUvi!,,,!!*
States consider themselves as no more luMct
any more interference with their ilomc^ticiM
cems than if they had remained ontirtlv ia^
ticndent of the other States, and thai, u ^^
Interfercnre would, among indciK-ndtnt nitxa
bo a just cause of war, so among nicmlKn i{
such a confederacy as ours, it must jilivc J
several States in the relation towards OMhotiT
of o{)en enemies. To sum up in a kw wd
the whole argument on this suhJKt, we woul
say that the abolitionists can only bcriutdoJ
by legislation in the States in which tlier til
and this can only In) brought about by thetj
bodied op; 'ion of tho whole South, mlm uw
public opinion at tho North, which can (Uy |
eflected through the instrumentality of i
vention of the slavoholduig States."

It is impossible to road this parnfrra|)h i
the " Crisis," without seeing that it is identij
with Mr. Calhoun's report and speech upon i
cendiary publications transmitted throueii t
mail. The same complaint against the Nord
the same exaction of the Buppres^sion nf i
tion societies ; the same penalty for omitinzl
suppress them ; that penalty always the sud
a Southern convention, and secession— and I
same idea of tho contingent foreign reiatioDJ
each other of tho respective States, »if
treated as a confederacy, under a com
L yon his arrival at Washington at the coma
mcnt of the session 183.5 — '36, all his com
was conformable to the programme laid doj
in tho " Crisis," and the whole of it calcul
to produce the event therein hypotheticailyJ
nouncod ; and, unfortunately, a double set|
movements was then in the process of I
carried on by the abolitionists, which favoj
his purposes. One of these was the mail t
mission into the slave States of incendiary n
lications ; and it has been seen in what :
he availed himself of that wickedness top
cate upon it a right of Southern secession; |
other was the annoyance of Congres!
profusion of petitions for the abolition of »!«

ANNO lH:irt. ANIUIKW JA( KH<tN, rUfMItKNT.

fUl

any thlnjj further tUn ft (.,
for hiT own Knfvtj In- iWfr«i,,^
(iwn. If llio iM^lt•p^(>N■r,l^r!^
only W ilojui by a mntfn.yj
i\ Statt'x; tlio |)r<HTc.liri;,
r my valut', inimt i'tiiIkhIv t)|
B m-ntimenU of thn wtmli. >,« ,,
B distinct nnniinciBtion i f ,^
•n-fl (Iftenninalion t'l nliUm \)i
p-ii'vanccH, !» tho <iinMi|i..„^
, Wo niUKt hate it elurij ,»
in framing a conntitutioiml uam
horn brt'thrcn, tho hUmI
• themselves as no more lij»,!(^
ferenco with their ili)ni('»tii- ,
hey had remained entinlr inli
L< other States, and that, in n
DiiM, among inde|)en(l»;nt nitxn

of war, BO among mciiilitnii
i'rncv M oura, it must jil** ttj
in the relation towanU PwhotlK
ics. To sum up in a fiw wi,d
umcnt on this subifet, we wo«,
bolitionists can only l)e nutdoi
in tho States in which thoy er
mly Ih) brought about by ihet^

1 of tho whole South, lutini; m
n at tho North, which can . uly |
igh tho instrumentalitjMjfi'c
B slavcholdiiig States."

siblo to road this paiap;raiih frJ
without seeing that it is vMi
houn's report and speech upon i
ications transmitted throuchi
imo complaint against the Sort
ction of the suppression of i
; the same penalty for omittiMl
n ; that penalty always tlie m
onvention, and secession— and I
tho contingent foreign relation j
of tho respective States, «lf
confederacy, under a comin
val at Washington at the comn;
session 1835— '36, all his
able to the programme laid <
is," and the whole of it calculJ
ho event therein hypotheticallyl
ad, unfortunately, a double set]
was then in the process oft
r tho abolitionists, which fsToj
, One of these was the mail t

the slave States of incendiary p
nd it has been seen in what
limself of that wickedness top

a right of Southern scccssionij
the annoyance of Congress wil

petitions for the abolitionof sM

t»« PiitrW't of Cfllunihia ; and hi« wmdiict

,,ff«iirctlo thcw p«'tifi')n«, rrmainn to lie

Ljirn. ^''■- Morrii", of Ohio, prtsrnted two

that Slate, him^-lf opposed to foiuhing

;ubi«t of Klavery in tho Statec. but deeming

kh:!"l>ity ff jircm-nt tlioiw which applietl to

|)i,trict of t'oluinbia. Mr. Calhoun <]i^

,\(t\ that they be read ; which being done,-—

-lie demanded tho que.stion on receiving

whicli. he Mill, wiis a preliminary qui-ft-

^ J #liiih any niemlHT had a right to i.mke.

kikmaiiHcil It on k'half of tho State which

nT^'i^nted ; ho demanded it, Itecause tho \m-

kions were in themselves a foul slanrlcr on

udv cine liiilf of the States of tho Union ; ho

auiditl it, becauM) tho (piestion involved was

,, over which neither this nor the llotijie had

L iKiwcr whatever ; and and a stop might Imj

L III that Agitation which prevailed in so largo

lotion of tho country, and which, unless

eikcd, would endanger tho existence of the

jjjon, That the petitions just read contained

|miv<, fslse, and malicious slander, on eleven

\\i:i K'prcsenled on this floor, there was no

1 who in his heart could deny. This was, in

. ., not only good, but the highest cause why

p.. iK'titions should not bo received. Had it

ht Uen the practice of the Senate to reject ,,:M-

Ls wliich rcHectod on any individual member

I their body ; and should they who were the

||,n-iniatiTes of sovereign States permit peti-

) be brought there, wilfully, maliciously,

llo^l wickedly, slandering so many sovereign

liUMif this Union? Were the States to be

s protected than individual members on that

lor! He demanded the question on receiving

t [ctilions, because they asked for what was

Itiiilition of the constitution. Tho question

|fnwiii'ipation exclusively belonged to the sev-

States. Congress hod no jurisdiction on

! subject, no more in this District than the

t of South Carolina : it was a question for

f individual State to determine, and not to be

ifhed by Congress. He himself well under-

A, and the people of his State should under-

lod. that this was an emancipation movement.

joje ffiio have moved in it regard this District

Itheweak point through which the first move-

p. should be made upon tho States. We

IMr. C), of tho South, are bound to resist

We will meet this (question as firmly as if

kere the direct question of emancipation in

) Slates. It is a movement which ought to,

jich must bo, arrested, in limine, or the guards

Itlie constitution will give way and be de-

Ved. He demanded the question on receiv-

jthie petitions, because of the agitation which

p result from discussing the subject. The

sr to be apprehended was from the agita-

1 of the question on that floor. He did not

t those incendiary publkations which were

lattd abroad, and which could easily be

roiintrrmrted. Unt ho drrailrd th* agiUtion
which would rine out of the diKciixainn in t'on-
pr««H on the Kubjif t. Kvery mnn knew that
then- exittted a IcmIv of nun in He Northern
.Slates who Wen- n-xiy to MCond any iii-'Urnr-
I tionary niorrmeiit of tbo lilackit ; amfthat tliexe
nun would U' on the ah rt lo turn Ihow diwuK-
I KJimM lo their advuiitup'. He tinailtil the
I diKriis.MJon in aiiotlit-r Keii«c. It would have a
tenflenry to bnak asunder thin Union. What
I'H'eot could Ir' brought almut by the interference
of these iH'tilioners I C'oubl they ex|iert to
pro«lua« a chnnge of mind in the Southern pe<H
plo ? No ; the clfert would be din-ctly tho
1 opposite. The mon^ they were ai<«ailc<l on this
1 point, tho more closi'ly would they cling to
I their institutions. And what would )« the
I ell'eet on the 'ising generation, but to inspin> it
with odium against thoso whoso mistaken views
and mis'lirected zeal menaced the K'aoe and •»■-
curity of the Southern States, 'ine etibct must
Ik) to bring our institutions into odium. As a
lover of the Union, ho dreaded this discursion ;
and asked for some decided measure to arrest
tho course of the evil. There must, '.here shr ■
bo some decided step, or tho Southern ijooplo
never will submit. And how are wo to treat
the subject 7 Hy receiving these petitions one
after another, and thus tampering, trifli'tor,
sporting with tho feelings of the South? ..u
no, no ! The abolitionists well understand thu
eflectof such a course of procec<ling. It till
give importance to their movements, and ac-
celerate the ends they propose. Nothing
can, nothing will stop these |)ctitions but u
prompt and stem rejection of them. We must
turn them away from our doors, regardless of
what may be done or said. If the issue must
be, let it come, and let us meet it, as, I hope,
we shall bo prepared to do."

This was new and extreme ground taken by
Mr. Calhoun. To put the District of Columbia
and the States on the same footing with respect
to slavery legislation, was e^'tirely contrary to
the constitution itself, and '.> ♦ le whole doc-
trine of Congress upon iu Vhe constitution
gave to Congress exclusive jurisdiction over the
District of Columbia, without limitation of
subjects; but it had always refused, though
often petitioned, t<> interfere with the subject of
slavery in the District of Columbia so long as it
existed in the two States (Maryland and Virgi-
nia) which ceded that District to the federal
government. The doctrine of Mr. Calhoun was,
therefore, new ; his inference that slavery was
to be attacked in the States through the opening
in the District, was gratuitous ; his " demand "
(for that was the word he constantly used), that
these petitions should be refused a reception,

G12

TIIIRTV YEARS' VIEW.

'f.

wa£ a harsh motion, made in a harsh manner ;
his afiBtimption tliat the existence of the Union
was at stake, was without evidence and contrary
to cviflence ; his remedy , in State resistance,
was disunion ; his eagerness to ^atch at an
'■ issue," sliowed that he was oa the watch for
'• issues," and ready to seize any one that would
;;et up a contest; his language was all inflamma-
tory, and calculated to rouse an alarm in the
slaveholding States : — for the whole of which
he constantly assumed to speak. Mr. Morris
thus replied to him :

" In presenting these petitions he would say,
on the part of the State of Ohio, that she went
to the entire extent of the opinions of the sen-
ator from South Carolina on one point. We
<ieny, said he, the power of Congress to legislate
concerning local institutions, or to meddle in
any way with slavery in any of the States ; but
we have always entertained the opinion that
Congress has primary and exclusive legislation
over this District ; under this impression, these
IMjtitioners have come to the Senate to present
their petitions. The doctrine that Congress
have no power over the subject of slavery in
this District is to me a new one 5 and it is one
that will not meet with credence in the State
in which I reside. I believe these petitioners
have the right to present themselves here, plac-
ing their feet on the constitution of their coun-
try, when they come to ask of Congress to
exercise those powers which they can legiti-
mately exercise. I believe they have a right to
be heard in their petitions, and that Congress
may afterwards dispose of these petitions as in
their wisdom they may think proper. Under
these impressions, these petitioners come to be
heard, and they have a right to be heard. Is
not the right of petition a fundamental right ?
I believe it is a sacred and fundamental right,
belonging to the people, to petition Congress
for the redress of their grievances. While this
right is secured by the constitution, it is incom-
iwtent to any legislative body to prescribe how
the right is to be exercised, or when, or on
what subject ; or else this right becomes a mere
mockery. If you are to teli the people that
they are only to petition on this or that subject,
or in this or that manner, the right of petition
is but a mockery. It is true we have a right to
say that no petition which is couched in disre-
spectful language shall be received ; but I pre-
sume there is a suflicient check provided against
this in the responsibility under which every sen-
ator presents a petition. Any petition conveyed
in such language would always meet with his
decided disapprobation. But if we deny the
right of the people to petition in this instance,
I would ask how far they have the ricrht. While
they believe they possess the right, no denial of
it by Congress will prevent them from exercis-
ing it'*

Mr. Bedford Brown, of North Carolina, 1
tirely dissentecl from the views preantcj '
Mr, Calhoun, and considered the course li« ,,n
posed, and the language which he used, tiv^X
calculated to produce the agitation which i\
professed to deprecate. lie said :

^ lie felt himself constrained, by a stnjp «■
duty to the State from which he came, (K,!.
and vitally interested as she was in ivervt -i
connected with the agitating question' wlifi
had unexpectedly been brought into (]iscii«jfl
that morning, to present, in a few wnrdi. hi.
views as to the proper direction which .ihojii
be given to that and all other petitions rclanJ
to slavery in the District of Columbia. H^ ^,
himself more especially called on to dn so froa
the aspect which the question had assumed id
consequence of the motion of the gcntkmt
from South Carolina [Mr. Calhoun], to rofiJ
to receive the petition. He had bclicveii fru
the first time he had reflected on this Hilify
and subsequent events had but strpnothta
that conviction, that the most proper disposiiirj
of all such petitions was to lay tliem on ta
table, without printing. This course, wh
indicated to the fanatics that Coi,,ie^s ifi|
yield no countenance to their dcsiftns. at tj
.same time marks them with decided reprobati J
by a refusal to print. But, in his cHiniaiifd
another reason gave to the motion to lav tliej
on the table a decided preference over anVotii!
proceedings by which they should bo met, li|
peculiar n?«rit of this motion, as appiicabM
this question, is, that it precludes all debitl
and would thus prevent the agitation of as
ject in Congress which all should deprecate J
fraught with mischief to every portion of tj
happy and flourishing confederacy. Mr. B.i
that honorable gentlemen who advocated tU
motion had disclaimed all intention to prodJ
agitation on this question. He did not preteJ
to question the sincerity of their declaratioj
and, while willing to do every justice to the
motives, he must bo allowed to say that 1
method could be devised better calculated,!
his judgment, to produce such a result,
(Mr. B.) most .sincerely believed that the 1
interests of the Southern States would be noj
consulted by pursuing such a course here |
would harmonize the feelings of every sectii
and avoid opening for discussion so danpcrof
and delicate a question. lie believed all t
senators who were present a few days sin^
when a petition of similar character had b
presented by an honorable senator, had,bytlij
votes to lay it on the table, sanctioned il
course which he now suggested. [Mr. CaihciJ
in explanation, said that himself and his (
league were absent from the Senate un the j
casion alluded to.] Mr. B. resumed bis \
marks, and said that he had made no refcre
to the votes of any particular members of tl
body, but what he had said was, that a (in

ANNO I'^fltJ. ANDREW JACKSON. rUESlDF.NT.

G13

ovnj, of North Carolim, t^l
rom the views prcstntoJ ',,1
considered the course k- pt<,|
jjuage which he usmJ, cxactiil
iducc the apitation which 'r,;|
2catc. lie said :

If constrained, hy a sense f
; from which he came, dmlj
;8ted as she was in every th.rl;
the agitatinf! question wbii
y been brought into (lisctisti,^
J present, in a few words, hj
proper direction which ^Wili
and all other petitions relam.
! District of Columbia. \h W
pccially called on to do ?o f^
h the question had assumcil. n

the motion of the gomki;.
olina IMr. Calhoun], to nh
etition. He had bclicvwl fr
le had reflected on this Hihji
t events had but strcn^tbt

that the most proper (li>posni',
titions was to lay them on t!
printing. This course, while .
he fanatics that Coi.vres vrj
tenancc to their designs, at ti
ks them with decided reprobati

print. But, in his cstiiratK.

1 cave to the motion to lay thei
decided preference oyer anyotfcj
r which they should be met. Ib

of this motion, as applieaWe
is that it precludes all dtk
18 prevent the agitation of a ss
»ss which all should deprecate
mischief to every portion (,ftl
arishing confederacy. Mr.B.s
[e gentlemen who advocated!
isclaimedall intention to prdi
his question. Hedidnoprets
he sincerity of their declantio
lling to do every justice to tl
must be allowed to saythat
1 be devised better cakulald,

to produce such a result.
;^t sincerely believed that the
he Southern States would hem

pursuing such a course bore
n?ze the feelings of every sec
«;ning for discussion so Jangir
Tquestion. He 'f^'ff.
> were present a few davs ?
ion of similar character had
an honorable senator, had, bytl
it on the table, sanctioned
henowsuggested. V^rX^m
m said that himself and Im i
ab^nt from the Senate on he

-iSdtM Mr. B. resumed
7a\dthathehadmadenoret«
of any particular men^rso
tot he^had said was, that*."

(tition ha*! ^^en laid on the tabic without ol)- , of increasing tlic slavery agitation, and giving
l^^ion from any one, and consequently by a ! the a»)olitionists ground to stand ui.on in giving
naininious vote of the senators present. 1 lire.

,,^n, was a most emphatic declaration, by gen-
liemcn representing the Northern Slates as
j,;i as those from other parts of the I'nion, l)y
4^ vote that they will entertain no attcmjit at
Piilalion on tlio question of slavery in the
liMrict of Columbia. Why, then, asked Mr.
L should we now adopt a mode of proceeding
nlculatcd to disturb the hannonious action of
t e Senate, which had been produced by the
(fflicrvote? Why (ho would respectfully ask
([ honorable gentlemen who press the motion
u refuse to receive the petition) and for what
beneticial purpose do they press it? By pcr-
fitin" in such a course it would, beyond all
loubCopcn a wide range of discussion , it would
It fail to call forth a great diversity of opinion
.relation to the extent of the right to petition
'ndtr the constitution. Nor would it be con-
iued to that question alone, judging from an
ipression which had fallen from an honorable
[entieman from Virginia [Mr. Tyler], in the
jur.,e of this debate. That gentleman had de-
ilired his preference for a direct negative vote
IV the Senate, as to the constitutional power
iConTCSS to emancipate slaves in the District
Columbia. He, for one, protested, politically
eaiiin?, against opening this Pandora's box in
le halls of Congress. For all beneficial and
inotical purposes, an overwhelming majority
( the members representing the Northern
lutes were, with the South, in opposition to
IV interference with slavery in the District of
iolumbia. If there was half a dozen in both
inches of Congress who did not stand in en-
opposition to any interference with slavery,
this District or elsewhere, he had yet to
it. AVas it wise, was it prudent, was it
janimous, in gentlemen representing the
Mthern States, to urge this matter still further,
gay to our Northern friends in Congress,
entlemen, we all i^ree in the general con-
Eion, that Congress should not interfere in
i question, but we wish to know your reasons
arriving at this conclusion ; we wish you to
:lare, by your votes, whether you arrive at
result because you think it unconstitutional
not?' Mr. B. said that he would yield to
18 in zeal in sustaining and supporting, to the
nt of his ability, what he believed t(» be the
interest of the South ; but he should take
e to say that, when the almost united will
both branches of Congress, for all practical
scs, was with us, against all interference
this subject, he should not hazard the peace
' quiet of the country by going on a Quixotic
ilion in pursuit of abstract constitutional
itions."

pr. King, of Georgia, was still more pointed
I Mr. Brown in deprecating the course Mr.
loun pursued, and charging upon it the effect

thcni the right of petition to di-fcnd. He ,«ai(! :

'•This being among the Southern nunibfrs ik
mere dillercnre of form in the manner of di.sjHW-
ing of the subject, 1 regret exceedingly that the
senator from Carolina has thought it his duty
(as he doubtless has) to jiress the subjert iijioii
the consideration of the Senate in sucli form an
not only to permit, but in sonic measure to
create, a necessity for the c<mtitined agitation of
the subject. For he believed, with others, that
nothing was better calculated to incre.iso agita-
tion and excitement than such motion.s as that
of the senator from South Carolina. What was
the object of the motion ? Senators said, and
no doul)t sincerely, that their object was to ciuiet
the agitation of the subject. Well, (said Mr. K.,)
my object is precisely the same. We differ,
then, only in the means of securing a conimo-i
end ; and he could tell the Senators that the
value of the motion as a means would likely be
estimated by its tendency to secure the end de-
sired. Would even an affirmative vote on the
motion quiet the agitaticm of the subject ? He
thought, on the contrary, it would much increase
it. How would it stop the agitation? What
would bo decided? Nothing, except it be that
the Senate would not receive the particular me-
morial before it. Would that prevent the pre-
sentation of others? Not at all ; it would only
increase the number, by making a new is-sne for
debate, which was all the abolitionists wanted ;
or, at any rale, the most they now exp(Ctt<i.
These petitions had been coming hero without
intermission ever since the foundation of ih;
government, and he could tell the senator that
if they were each to be honored by a lengthy
discussion on presentment, an honor not here-
tofore granted to them, they would not only con-
tinue to come here, but they would thicken upo!i
us so long as the government remained in exist-
ence. We may seek occasions (said Mr. K.) to
rave about our rights ; we may apjieal to the
guaranties of the constitution, which are denied ;
we may sjKiak of the strength of the South, and
pour out unmeasured denunciations against the
North ; we may threaten vengeance against the
abolitionists, and menace a dissolution of the
Union, and all that ; and thus exhausting our-
selves mentally and physically, and setting down
to applaud the spirit of our own eflbrts, Arthur
Tappan and his pious fraternity would very
coolly remark : ' Well, that is precisely what I
wanted ; I wanted agitation in the South ; (
wished to provoke the " aristocratic slaveholder"
to make extravagant demands on the North,
which the North could not consistently surren-
der them. I wished them, under the pretext
of securing their own rights, to encroach upon
the rights of all the Amerian people. In short,
I wish to change the issue ; upon the present
issue we are dead. Every movement, every de-

(.14

THIUTY YKAIW VIKW.

nionstration of feling anion^r oiir own jMjoplc,
k1i(»\vh tlmt upon the presunt issue the jrreat
horly of the people is against us. The issue
must Ik! chanK'^d; or the prospects of af)olition
are at an eml.' This laiipuajro (Mr. K. said)
was not conjcci ured. but there was much evi-
dence of its trui.h. Sir (said Mr. K.). if South-
ern senators were actually in the pay of the
abolition directory on Nassau-street they could
not more effectually co-operate in the views and
administer to the wishes of these enemies to the
j)eace and quiet of our country."

Mr. Calhoun was dissatisfied at the speeches of
Mr. Brown and Mr. Kinp, and considered them
as dividing and distracting the South in their
opposition to his motion, while his own course
was to keep them united in a case where union
wa.s so important, and in which they stood but a
handful in the midst of an overwhelming major-
ity, lie said:

" I Ijavo heard with deep mortification and
regret the speech of the senator from Geor-
gia ; not that I suppose that his arguments
can have much impression in the South, but
because of their tendency to divide and dis-
tract the Southern delegation on this, to us, all-
momentoua question. We are here but a hand-
ful in the midst of an overwhelming majority.
It is the duty of every member from the South,
on this great and vital question, where union is
so important to those whom we represent, to
avoid every thing calculated to divide or dis-
tract our ranks. 1 (said Mr. C.),the Senate will
Iiear witness, have, in all that I have said on
this subject, been careful to respect the feelings
of Southern members who have differed from
nie in the policy to be pursued. Having thus
acted, on my part, I must express my surprise
at the harsh expressions, to say the least, in
which the senator from Georgia has indulged."

The declaration of this overwhelming mnjority
against the South brought a great number of
the non-slaveholding senators to their feet, to
declare the concurrence of their States with the
South upon the subject of slavery, and to depre-
ciate the abolitionists as few in number in any
of tlie Northern States ; and discountenanced,
reprobated and repulsed wherever they were
found. Among these, Mr. Isaac Hill of New
Hampshire, thus spoke :

"I do not (said he) object to many of the
positions taken by senators on the abstract ques-
tion of Northern interference with slavery in
the South. But I do protest against the excite-
ment that is attempted on the floor of Congress,
to be kept up against the North. I do protest
against the array that is made here of the acts
of a few misguided fanatics as the acts of the

whole or of a large portion of the ptoiilt; , f :
North. I do protest against the touiui,,j;
that is here given to the idea that thu (^..i,,
the North generally are interfering wm, ,. ,
rights and property of the people oi tlie s,. ;,

"There is no course that will Utter >;iiti(j
few Northern fanatics than the agitiiii(jn of i
question of slavery in the liall.s uf L'oncnx ~
nothing will please them better than tlif.ii,-
sions which are taking place. an<l a suknm \ '•,
of either branch denying them tlie rifrlii t.,
fer petitions here, praying tlmt slaveiv inav !
abolished in the District of Columbia. .\ i'
nial of that right at once enables theiu, and n' J
without color of truth, to cry out tlmt thicnjl
test going on is ' a struggle between jwivfr a: J
liberty.'

'• Believing the intentions of those wh, haJ
moved .simultaneously to get up tlioe (niitiij
at this time, to be mischief, 1 was plad t. .
the first petition that came in here laid i,ii [j
table without discussion, and without rufiKnJ
to any committee. The motion to lay on t^
table precludes all debate ; and, if deciild allil
matively, prevents agitation. It was with i
view of preventing agitation of this subject t
I moved to lay the second set of petitiDD! (
the table. A senator from the South (Ji-. l'i|
houn) has chosen a difl'erent couise; lie la, i
terposed a motion which opens a debate lia
may be continued for months. He has clij
to agitate this question ; and he has prcmii
that question, the decision of which, let senatT
vote as they may, will best please the ajritiiij
who are urging the fanatics forward.

•' I have said the people of the North wel
more united in their opposition to the plans
the advocates of antislavery, than on any oii
subject This opposition is confined to no polil
cal party ; it pervades every class of the cinim
nity. They deprecate all interference with t
subject of slavery, because they believe such J
terference may involve the existence andw|
fare of the Union itself, and because they undi
stand the obligations which the non-slaveii
States owe to the slaveholding States bytl
compact of confederation. It is the stronj i
sire to perpetuate the Union ; it is the detttJ
nation which every patriotic and virtuous citia
has made, in no event to abandon tiie'aikl
our safety,' that now impels the united M
to take its stand against the agitators of ij
antislavery project. So effectually has
strong public sentiment put down that (
tion in New England, that it is now kept i
only by the power of money, which the aji
tors have collected, and apply in the hinn»j
agents, and in issues from presses that are k
in their employ.

" The antislavery movement, whicli brin^sj
petitions from various parts of the couutryi
ing Congress to abolish slavery in the DistJ
of Columbia, originates with a few ix^rjon?,
have been in the habit of makin;j; chanuHi
ligious institutions subservient to ijolilioil p

ANNO 1836. ANDREW JACKSON. ITiB^IDENT.

615

rgc portio". of the jHojilt- ..t ; ,
■otest against the coumiim,,
n to the idea that tin.- ]k.p|i,
rally are intcrftrins with i:
;rty of the people nl ilif >,,.;;.

course that will VKttor ^•,iit tj j
inatics than the iipitiitiun of v.,
ery in the halls of (.'oti(;n>..
ase them better llian llii'iii«f,

taking place, and a sukMiin wi
X denyini; them tlie ri(rhl t.j j^
re, i)raying that slavery mavM
le District of Columljia, A i;._
ht at onco enables thciu, and n. J
if truth, to cry out that tht c J
\ ' a struggle between powtr ;

he intentions of those who h4
Qeoualy to get up tlioe |H.iiti.i
> be mischief, 1 was (rlad to ^*
m that came in here hid on tJ
tliscussion, and without rufmd
ttee. The motion to lay on t^
3 all debate ; and, if tlecidwl!
ents agitation. It was wiili tij
iiting agitation of this suhject tlu
y the second set of petitiimi
senator from the South (Ji'.l'J
)scn a difterent course; hu ha- i
.otion which opens a dehatt m
lued for months. He has cliJ
i question j and he has pifaiii(|
I the decision of which, let smvt
nay, will best please the agiutuj
ig the fanatics forward.
id the people of the North wel
n their opposition to the plans ^
of antislavery, than on any oihl
opposition is confined toiKjpoli
pervades every class of the c^min
leprccate all interference with i
.-ery, because they believe suchi
ly involve the existence andivj
lion itself, and because they unii?
gallons which the non-slavtholdii
the slaveholding Slates byt
mfederation. It is the strong i
^uate the Union ; it is the dctttij
every patriotic and virtuous cili
no event to abandon the 'art!
hat now impels the united Xoij
;tand against the agitators of tf
project. So eflectually has '
; sentiment put down thati
England, that it is now kept la
power of money, which the apl
lected, and apply in the hmii?|
n issues from presses that are ii^

oy. , • , V ■

ilavery movement, whicli bring
1 various parts of the cuuutrya
to abolish slavery in tlw m
originates with a few iwrsousi
the habit of makin- ehaniuiid
.utions subservient to pohlioili

I yit^.

. , . ami who have even controlled some of
^^ charitable aa.sociati(m8. The petitions
"jjt on foot by men who have had, and who
(iniie to have, influence with ministers and
(fliirious teachers of different denomination.s.
Tbtv have issued and sent out their circulars
;ij'„j; for a united effort to press on Congress
the abolition of slavery in this District. Many
of ttiB clergymen who have been instruments
of the aptators, have done bo from no bad nio-
ijte. iSome of them, discovering the purpose of
(jjjigitators — discovering that their labors were
nlculatcd to make the condition of the slave
for?e. and to create animosity between the peo-
ple of the North and the South, have pau.«ed in
their course, and desisted from the further ap-
ipiicjtion of a mistaken philanthropy. Others,
Lrin? enlisted deeply their feelings, still pur-
le the unprofitable labor. They present here
be names of inconsiderate men and women,
liny of whom do not know, when they sub-
jibe their papers, what they are asking ; and
ithers of whom, placing implicit faith in their
ilijious teacher, are taught to believe they are
jerebv doing a work of disinterested benevo-
ince which will be requited by rewards in a

;ture life.

Now, sir, as much as I abhor the doings of
eaii or wicked men who are moving th'*? aboli-
on question at the North, I yet have not as
id an opinion of them as I have of some others
ho are attempting to make of these puerile
cecdings an object of alarm to the whole
louth.

"Of all the vehicles, tracts, pamphlets, and
Lw>papers, printed and circulated by the abo-
Itionists, there is no ten or twenty of them
at have contributed so much to the excite-
lent as a single newspaper printed in this city.
not name this paper when I inform you
Bt, for the last five years, it has been laboring
J produce a Northern and Southern party — to
IS the flame of sectional prejudice — to open
filler the breach, to drive harder the wedge,
MA shall divide the North from the South,
[is the newspaper which, in 1831-'2, strove to
ate that state of things, in relation to the

j which would produce inevitable collision
|etween the two sections of the country, and
(iiich urged to that crisis in South Carolina,

linating in her deep disgrace——
I '[Mr. Calhoun here interrupted Mr. Hill, and
Vied him to order. Mr. H. took his seat, and
|r, Hubbard Tbeing in the chair) decided that

e remarks or Mr. H. did not impugn the mo-

1 of any man — they were only descriptive
[the effects of certain proceedings upon the
m of South Carolina, and that he was not
kt of order.]
I'Mr. H. rrsumed: It is the newspaper which

idemns or ridicules the well-meant efforts of
koiccr of the government to stop tht circu-
Kion of incendiary publications in the dlave-
Vding States, and which designedly magnifies

e number and the efforts of the Northern abo-

litionists. It is the newspaper which IIIm'Is tlip
whole North by n'pit'sentiiig the iilino!»t unit'i]
people of that region to l»o in.siiiciTo in their
efforts to ]ireveiit the ini.M'hiof of a fvw fanati-
cal and iiiisj.iiide<l jh-Tsohs who aiv iii^,'ag«l in
the abolition cause.

" I have before me a copy of this ni'\vspa|M'r
(the i'nited .SV(///» Tthtsniph), filled to tin-
brim with the exciting suliject. It contains,
among other things, a speech of an honorable
senator (Mr. Ix-igh of Virginia), which I shall
not be surpri.sed soon to learn has been issued
by thousands and tens of thousands from tlio
abolition mint at New-York, for circulation in
the South. Surely the honorable senator's
speech, containing that part of the Chaniiing
pamphlet, is most likely to move the Southern
slaves to a servile war, at the same time the
Channing extracts and the speech itself are most
admirably calculated to awaken the fears or
arouse the indignation of tlicir masters. The
circulation of such a speech will efl'ect the oli-
ject of the abolitionists without trenching upon
their funda. Let the agitation be kept uji in
Congress, and let this newspaper be extensively
circulated in the South, filled with such speeches
and such extracts as this exhibits, and little
wi'l be left for the Northern abolitionists to do.
They need do no more than send in their peti-
tions: the late printer of the Senate and his
friends in Congress, will create enough of ex-
citement to efl'ect every object of those who di-
rect the movements of the abolitionists."

At the same moment that these petitions
were presented in the Senate, their counterparts
were presented in the House, with the same de-
clarations from Northern representatives in favor
of the rights of the South, and in depreciation
of the number and importance of the abolition-
ists in the North. Among these, Jlr. Franklin
Pievre, of New Hampshire, was one of the most
emphatic on both points. He said :

" This was not the last memorial of the same
character which would be sent here. It wa.s
perfectly apparent that the question must be
met now, or at some future time, fully and ex-
plicitly, and such an expression of this House
given as could leave no possible room to doubt
as to the opinions and sentiments entertained by
its members. He (Mr. P.), indeed, considered
the overwhelming vote of the House, the other
day, laying a memorial of similar tenor, and, he
believed, the same in terms, upon the table, as
fixing upon it the stamp of reprobation. lie
supposed that all sections of the country would
be satisfied with that expression ; but gentlemen
seemed now to consider the vote as equivocal
and evasive. He was xmwilling that any impu-
tation should rest upon the North, in conse-
quence of the misguided and fanatical zeal of a
few — comparatively very few — who, however

CIG

TITTRTY YEAJUi' VIEW.

honest niip-ht liarc liecn tlipir purposes, h»> bc-
lievi'fi l.jvl (lone incalciiluhio mi.schief. nncj whoso
nioviineiitH. he knew, receivofi no more sanction
.■iinoiif; the j;feiit tnass of the people of the
North, than they did at the South. For one,
lie (.Mr. P.), while he wouhl Iks the last to in- i
fiiiijre iii)ou any of the sacred reserved rights I
of tlie jK-oplc, wa.s prepared to etuinp with dis-
ajipn-hation, in the most expre.sa and unequivo-
cal terms, the wliole movement upon this sul>
ject, Mr. P. said he would not re: ume his scat
without tendering to the pent.cu; .. from Virgi-
nia (Mr. Mason), Just and genert :is n.« he always
was, hid acknowledgments for tiie '.ulmission
frankly made in the opening of h :, remarks,
lie had .said that, during the pt iod that he had
cxicupied a scat in this House (as Mr. P. under-
stood him), he had never known six men seri-
ously disposed to interfere with the rights of
the slaveholders at the South. Sir, said Mr. P.,
gentlemen may be assured there was no such
disposition as a general sentiment prevailing
among the people ; at least he felt contidence in
assorting that, among the people of the State
which ho had the honor m part to represent,
tliere was not one in a hundred who did not
entertain tlie most sacred regard for the rights
of their Southern brethren — nay, not one in five
hundred who would not have those rights pro-
tected at any and every hazard. There was not
the slightest disposition to interfere with any
rights secured by the constitution, which binds
together, and which he humbly hoped ever
would bind together, this great and glorious
confederacy as one family. Mr, P. had only to
say that, to some sweeping charges of improper
interference, the action of the people of the
North at home, during the last year, and the
vote of their representatives here the other day,
was a suflicient and conclusive answer."

The newspaper named by Mr. Hill was en-
tirely in the interest of Mr. Calhoun, and the
course which it followed, and upon system, and
incessantly to got up a slavery quarrel between
the North and the South, was undeniable — every
daily number of the paper containing the proof
of its incendiary work. Mr. Calhoun would
not reply to Mr. Ilill, but would send a paper
to the Secretary's table to be read in contradic-
tion of his statements. Mr. Calhoun then hand-
ed to the Secretary a newspaper containing an
article impugning the statement made by Mr.
Pierce, in the House of Representatives, as to
the small number of the abolitionists in the State
of New Hampshire ; which was read, and which
contained scurrilous reflections on Mr. Pierce,
and severe strictures on the state of slavery in
the South. Mr. Hill asked for the title of the
newspaper ; and it was given, " The Herald of

FrcctlomV Mr. Hill said it was an ak!,'
paper, printed, but not circulated, at C'.mo
New Hampshire, He said the same parx,. \
been sent to him, and '.le saw in it one of vJ
Calhoun's speeches; which was ropuhlixfio*!
good food for the abolitionists ; and ?aid U
thought the Senate was well emplovcd In ijsif
ing to the reading of disgusting cMracu fr«fc
an hireling abolition paper, for the purpose J
impugning the statements of a member of tj
House of Kiprcsontatives, defending the ^ou']
there, and who could not be hero to defend I
self. It was also a breach of parliamertarv I J
for a member in one House to attack what m
said by a member in another. Mr. Yw^l
statement had been heard with great satisfactioJ
by all except Mr. Calhoun ; but to him it „
so repugnant, as invalidating his assertion of i
great abolition party in the North, that he coulj
not refrain from this mode of contradicting i
It was felt by all as disorderly and improptJ
and the presiding officer then in the chair (Mil
Hubbard, from New Hampshire) felt h'nistJ
c:-.lled upon to excuse his own conduct in nl
htving checked the reading of the article. HI
said:

" He felt as if an apology was due from h'J
to the Senate, for not having checked the rm
ing of the paragraphs from the newspaper wiiil
had just been read by the Secretary. He wj
wholly ignorant of the contents of the papa
and could not have anticipated the purports
the article which the senator from South t'aro
lina had requested the Secretary to read,
understood the senator to say that he wisk
the paper to be read, to show that the statemeij
made by the senator from New Hampshire,!
to the feelings and sentiments of the people o
that State upon the subject of the abolition o
slavery, was not correct. It certainly wouij
have been out of order, for any senator to hail
alluded to the remarks made by a member d
the House of Representatives, in debate ; am
in his judgment, it was equally out of order t
permit paragraphs from a aewtpaper to be rei
m the Senate, which went to impugn the conn
of any member of the other House ; and i
should not have permitted the paper to h\
been read, without the direction of the ScnaJ
if he had been aware of the character of tq
article."

Mr. Calhoun said he was entitled to theiia
and did not lilce to be interrupted by the chti
ho meant no disrespect to Mr. Pierce,
wished the real state of things to be known"'
as if an abolition newspaper was better autb

ANNO Isr.C). ANDUKW JACKSON. rRFMDKNT.

017

Hill said it was an »1k,!:
tit not circulated, at C.)np ^]
He said the sanic paper )j
, and 'le saw in it one of M-J
les ; which was rcpulili.hoii ^^
he abolitionists ; and ?aii ij
ite was well employed in \m,.,
ing of disgusting e:;tracu fr;
ition paper, for the purpx)..? J
statemcnta of a inemy)er of tiJ
sentatives, defending th"! Sccj

IF
|[0 :<£

iould not be here to dcfund lno

a breach of parliamertarvbJ

1 one House to attack what irai
iber in another. Mr. Picrct'J
)cen heard with great satisfaciio^
T. Calhoun ; but to him it
3 invalidating his assertion of i
party in the North, that he codj
a this mode of contradicting j

all as disorderly and impropoJ
ng oETiccr then in the chair (Mi!
1 New Hampshire) felt h'n»!|

excuse his own conduct ia
i the readirg of the article. h|

if an apology was due from hi

for not having checked the re!

graphs from the newspaper wliic

read by the Secretary. He w

i of the contents of the pap

[lave anticipated the purport

h the senator from South t'ari

sted the Secretary to read.

senator to say that he wis)
, read, to show that the statemei
senator from New Hampshire,
and sentiments of the people
the subject of the abolition
jot correct. It certainly woul
of order, for any senator to ki
remarks made by a member
Representatives, in debate ; ai
;. it was equally out of order
pphs from a newspaper to be n
which went to impugn the coui
sr of the other House; and
ve permitted the paper to to
hout the direction of the Ser'
aware of the character of

said he was entitled to the ila
^e to be interrupted by the chi

disrespect to Mr. Pierce,
il state of tilings to be known"'
.on newspaper was better auth(

than a st.itcmcnt from a member in his piace
the Hon.'*. It happened that Mr. Pierce was '
nr.in2 into the Senate Chanil)cr as this reading I
'^r,f was going on ; and. Wing greatly snr- |
itd. and ft'i'linR """"^ aggrieved, and having
i,( to ppeak for ■'elf, he spoke to the '
ihor of this View to . liatain the truth of :
ist.itcmcnt against the bcurrilous contradic- 1
in of it which had been rend. Mr. Benton, |
rtf.ire, stood up—

-To .'^av a word on the subject of Mr. Pierce,
member of the House of Representatives,
1^ }s'cw Hampshire, whose .'statcmonts in the
"oiise of Representatives had been contradicted
the ncwspai)er article read at the Secretary's
iMe. He had the pleasure of an intimate ac-
m^ntanc 'ith that gentleman, and the highest
^lioct for him, both on his own account and that
'{lis venerable and patriotic father, who was
l^.lv Governor of New Hampshire. It had so
fpcncd (s=aid Mr. B.) that, in the very moment
,the reaaing of this article, the member of the
louse of Representatives, whose statement it
Btradictcd, was coming into the Senate Cham-
r, and his whitening countenance showed the
[p emotion excited in his bosoi.i. The state-
nt which that gentleman had made in the
lo,i;e was in the highest degree consolatory
aLTCcable to the people of the slavcholding
ite.!. He had said that not one in five hun-
in his State was in favor of the abolition-
y, an expression understood hy every body,
It as an arithmetical proposition worked out
Hrc5, but as a strong mode of declaring
rt thece abolitionists were few in number.
that sense it was understood, and was a most
ilcome and agreeable piece of information to
people of the slavcholding States. The
spaper article contradicts him, and vaunts
number of the abolitionists, and the numer-
signers to their petition. Now (t.aid Jlr.
I, the member of the House of Representa-
;S (Mr. Pierce) has this moment informed
that he knows nothing of these petitions,
Imoivs nothing to change his opinion as to
small number of abolitionists in his State.
B. thought, therefore, that his statement
it not to be considered as discredited by the
TOper publication ; and he, for one, should
give ikith to his opinion."

■nhis eagerness to invalidate the statement

IMr. Pierce, Mr. Calhoun had overlooked a

(cism of action in which it involved him.

I to suppress the mail transmission of in-

.y publications was still before the Senate,

I yet decided; and here was matter .ead in

[Senate, and to go forth as part of its pro-

ings. the most incendiary and diabolical that

I yet been seen. This oversight was perceived

by the author ff this Viiw, who. nftor vimli-
eating the statenunt of M:-. I'icra', winl .n to
expose lhi8 sohcisni, anil —

"Took uj) the bill n'purtcd by the silocr
coinMiittee on incondiary piiliiiratioiis, unci riad
the section which forliU'le tluir transmission by
mail, and sulyected tlio postiiiastcrs to titie au'l
loss of oflice. who would ptit tin lu up for trans-

mission; and wished to know wlietliiT tliis in
cendiary publication, which had bicu rc;id at
the Secretary's table, wouhl be iuclu'lcd in the
prohibition, after being so read, and thus be-
coming a part of our debates? As a publica-
tion in New Hampshire, it was cloiirly forliid;
as part of our congressional iiroceediiuis would
it still be forbid? There was a didicidly in
this, he said, take it either away. If it could
still be inculc.itcd from this lloor, then the pro-
hibition in the bill was mere child's jday ; if
it could not, and all the city papers which con-
tained it were to be stopped, then the otlici
congressional proceedings in the same paper
would be stopped also ; and thus the pcojjle
would be prevented from knowing what their
representatives were doing. It seemed to him
to be but lame work to stop incendiary publi-
cations in the villages where they were printed,
and then to circulate them from this chamber
among the proceedings of Congress ; and that,
issuing from this centre, and sjjreading to all
the points of the circumference of this extended
Union, one reading hero would give it ten
thousand times more notoriety and diflusion
than the printing of it in the village could do.
Ho concluded with expressing his wish that the
reporters would not copy into their account of
debate the paper that was read. It was too
(Tensive to tlie member of the TTouse [Mr.
Pierce], and would be too disagrtoable to the
people of the slavcholding States, to be entitled
to a place in our debates, and to become a part
of our congressional history, to be dilfused over
the country in gazettes, and transmitted to pos-
terity in the volumes of debates. He hoped
they would all omit it."

The reporters complied with this request,
and the Congress debates were spared the pol-
lution of this infusion of scurrility, and the
permanent record of this abusive assault upon
a member of the House because he was a friend
to the South. But it made a deep impression
upo'i senators; and Mr. King, of Georgia, ad
verted to it a few days afterwards to show the
strangeness of the scene — Southern senators
attacking their Northern friends because they
defended the South. He said :

"It was known that there was a talented,
patriotic, and highly influential member of the
other House, from New Hampshire [Mr.

618

THIRTY YEARS' VIKU'.

Pierw], to whose <Iili>rencc and leterraincd
ctTortH 1)0 )ia>l ht'urd attrilmtcd, iii a )<;rL'ul du-
frrco, the iirosent jimstnite conditiim of tlie
nbi)Iilioni>ls in li.at Statf. He liad btcn the
open and aclive friend of the South from the be-
pinninff, and liad encountered the liohtility of
the abolilionisis in every form. lie hud mode
a rtatenicnt of the -s'renfitli and jDrospects of
the abolitionists in his State, n ur the com-
jnencement of the session, that v::> very grati-
flying to the peojjle of the Soutli. This state-
ment was corroborated by ^ne of iJ^e senators
from that State a few days after, ami the sena-
tor from Carolina rose, and, without due re-
flection, he was very suie, drew from iiis jwcket
ft dirty sheet, an abolition paper, coaliiininR a
scurrilous article agiinstthemcaber fr<)ii; New
Tlauipshire, which pronounced him an iji\iK)stor
u'ld II liar. The same thing in effect find just been
repciited by the senator from iMississip|)i against
o:i(> of the host frieiid? of the South, Gov i.ior
Marc}', of New-York. [Hi re Mr. Calhoun
use to explain, ninl .•ai.l he had intended, by
the inti-.lucti' ii (jf tlie paper, no disrespect to
the member fr .to Xev,- Hampshire ; and Mr.
Ulack also rose lo say lu. only wislied to show
the c(iur.«e the abolilioniRts wore pursuing, and
their future view?.] ^'. . King s;»i<i he had been
inter"U]ited hy tlii' sr;n:iiors, bu+ corrected by
neither of them, ilo was not attacking their
motives, bi;t only exposing their mistakes. The
article read by his friend from Carolina was
abusive of the member from New Hampshire,
and contradicted his statements. The article
read by inH friend from Mississippi against Gov-
ernor Marov was of a similar character. It
abused, meiinced, and contradicted him. These
abusive productions would seem to be credited
and adopted by those who used them as evi-
dence, and incorporated them in their speeches.
Here, then, was a contest' in the North be-
tween the most open and avowed friends of the
South and the abolitionists; and we had the
strange exhibition of Southern gentlemen ap-
parently espousing the cause of the latter, who
were continually furnishing them evidence w'th
which to aid them in the contest. Did gentle-
men call this backing their friends ? What en-
couragement did such treatment afford to our
friends at the North to step forth in our be-
half? »

Mr. King did not limit himself to the defence
of Mr. Pierce, but went on to deny the increase
of abolitionism at the North, and to show that
it was dying out there until revived by agitation
here. He said :

" A great deal had been stated in one form or
other, and in one quarter or other, as to the
numbers and increase of these disturbers of the
peace ; and he did not undertake to say what
was the fact. He learned, and thought it pro-
bable, that they had increased since the com-

mencement of the session, and had h-arij al„, i
increase attributed to the manner in wKid !,*
subject had been treated here, ilowmr ,'
might be, what he insisted on was. tliat il *
base productions were no eviflcnce of tin. iA
or of any fact ; and especially shoulii notU.,NJ
by Southern men, in oppr>,iti.,r> to i!ie (Jj
ments of high-mindcii Iiouorftl!.' d,. i. j, "
Xorih, who were the lictive and elBti ■•>i • i «
of the South." '"'''*

As an evidence of the maiiner in which j ,j
English en)i,-sary, Ot'ir;rc TIi(.'.',)8o.,, :, ,i i,
treat(d in fiio North, upon whosc lalwi
rniK'h stress h\d been i .id in the South Jlij
KiiAir read from n English newspaptr
Leoils Mercury), Thomfson's own account i
his mission ivs written to hlb English (1111,1^,
thus:

" Letters of a mc '-t disti'eKsn , iturt' u,;
been rcceiv ■ I frci i Mr. C-orge ':'^i .nps
zealous and devoted missioj.ary of shivctu
cipation, who has gone from this country to \H
United States, and who writes from R,;].
He says that 'tiie North (that is, ^qwM
land, where slavery does not cxist\
universally sympathized with the South.'
opposition to th(! abolitionists; that 'tlio.N'J
ha» let fall the mask;' that ' merchants ai
me \ianics, priesxs and politicians, have alil
stoo I forth the defenders of Southern despoj
and the furious denouncers of Northern phij
thropy ; ' that all parties of politics, csptciil
the supporters of th. two rivals for the pre
dential office (Van Buren and Webster),
with each other in denouncing the abolitioniji
and that even religious men shun them, cjm
when the abolitionists can fairly gainalieai
from them. With regard to himself, he sp
as follows : ' Rewards are offered for my abdj
tion and assaesination ; and in every diicctioj
meet with those who believe they wo
doing God and their country service 1
ing me of life. I have appeared in public,]
some of my escapes from the hands of rayfj
have been truly providential. On Friday It
I narrowly escaped losing my life in Conco
New Hampshire.' ' Boston, September IL
This morning a short gallows was found sti
ing opposite the door of my house, 23 Bay-stn
in this city, now occupied by Garrison. Tl
halters hung from the beam, «vith the irof
above them, By order of Judge Lynch!'"

Mr. Hill corroborated the account whiciitl
emissary gave of his disastrous mission!
added that he had escaped from Concord in f
night, and in woman's clothes : and then s

" The present agitation in the North is t
up by the application of money 5 it is a stitd
things altogether forced. Agents are hini^

ASN'O 183rt. ANDUKW JACKSON. ITRSIDENT.

610

he wssion, and ha«l h.-aril alu, ,J
ittd to tlio maniur in wi„f|, „]
;ou treated here. lI<Avi\vri;j
t ho insisted on was. that \\,"
n8 were no evidtnct- of th,. i^,^
and especially sliouM notUiN
ncn, in oppo;,iti'»n to 'An nrm
i-mindcil, lioiwial).' m..), ^ ^{j
■re the wcti ve imd »;Jflcl.;,it jfim,)^

ncc of the tnauncr inwliidnj
iry, Gf'tr;:e Tlio-.'^/so.,. :, (i ],,^
North, upon whoic lalxir.;
\t:d been i .id in the South, mJ
oiA n English newspaper
•y), Thomison's own account
written to hlb Engli'ih wiiiik

f n. met distrensiv , it.iiro

frf.r.'i Mr. t'oorpe :'^i..iipson,ii|
levoted missif.i.ary of slave en
has gone from this country to tH
15, and who writes from 'BostoJ
t 'tiso North (that is, NewEn|

slavery does not exift\ hi
lympathized with the South.'!
th«! abolitionists ; that ' the Xort
the mask;' that ' merchants ai
riesx.^ and politicians, have all
he (kfonders of Southern (le?ixi|
us denouncers of Northern phila
it all jitirties of politics, especii
rs of tlii.' two rivals for the pre
3 (Van -Buren and "Webster),
ler in denouncing the abolitioniiij
n religious men shun tlicm, cxce
Dlitionist'. can fairly gain a hea '
With regard to himself, lie sp
Rewards are offered for myabdJ
iBsination ; and in every diicctioJ
;hose who believe they would
nd their country service by dcpil
■e. I have appeared in public, d
escapes from the hands of ray (J
nily providential. On Friday l-*
jscaped losing my life in Conn
shire.' 'Boston, September 11
ig a short gallows was found s
the door of my house, 23 Bay-stn

now occupied by Garrison, Tl
from the beam, ivith the ffC

By order of Judge Lynch!'"

jorroborated the account which tl
ive of his disastrous mission,!
le had escaped from Concord in j
I woman's clothes : and then s

sent agitation in the North is k
pplication of money ; it is astitt
ether forced. Agents are hmil

if slavery whore slavery

M-A in the character of ministers of the CJob-

![ (.1 ptvach abolition of slave:

I'ti iiiit exist ; and presses are kept in consUn't
Lnplonneiil to watt<T abolition publications
I lirciigh the country. Deny the right of |K;tition

ry wl
! kept

111 the misguided men and women who arc in-
1 from no bad motive to petition for the
|ii.iition of slavery in the District of Columbia,
Imdyiu <1'^ """■'' ^° increase their nimibcrs than
fiill'thouwnds of dollars paid to the emissaries
[ /so traverse tho country to distribute abolition
\; j am! to spread abolition doctrines. Con-
.ue to debate abolition in cither branch of
Anjress, and you more effectually sub.serve
Jilie iiicemliary views of the movers of aboliiion
jtU'.] iny tiling they can do for themselves, ii
Ijiiv suit tliose who have been disappointed in
■ ■ilieir political projects, to try what this sub-
tofalwlition will now avail them. Such men
Till be likely to find, in the end, that the peo-
ple have too strong attachment for that happy
I'nion, to which we owe all our prosperity and
Lppiness, to be thrown from their propriety at
Itery agitating blast which may be blown across
Lland."

Mr. Webster gave his opinion In favor of re-
viving the petitions, not to grant their prayer,
Lt to yield to a constitutional right on tho part
l[the petitioners ; and said :

"•lie tliDiight they ought to be received, rc-
Irred, and considered. That was what was
bually done with petitions on other subjects,
Li what had been uniformly done, heretofore,
lith petitions on this subject also. Those who
Vjeved they had an undoubted right to petition,
U that Congress had undoubted constitutional
■ihority over the subjects to which their peti-
m related, would not be satisfied with a re-
sal to receive the petitions, nor with a formal
teption of them, followed by an immediate
jite rejecting their prayer. In parliamentary
Ills there was some difference between these
Iro modes of proceeding, but it would be con-
jdered as little else than a difference in mere
n, lie thought the question must at some
J be met, considered, and discussed. In this
ittcr, as in others, Congress must stand on its
pns. It was in vain to attempt to shut the
»r Bjpiinst petitions, and expect in that way
I avoid discussion. On tho presentment of the
jstof tiiese petitions, he had been of opinion
■t it ought to be referred to the proper com-
ittee. lie was of that opinion still. The sub-
it could not be stifled. It must be discussed,
i he wished it should be discussed calmly,
passionately, and fully, in all its branches, and
|iu bearings. To reject the prayer of a pe-
)n at once, without reference or considcra-
iwas not respectful; and in this case noth-
icould be possibly gained by going out of the
Til course of respectful consicferation."

m trial votes were had upon the petition

of tho Soeii'.y of Friends, tho C.iln jntiii..,, ;
and on Mr. Calhoun's motion to nfiise to rm-iv..
it. His motion was largely rejected— 3.^ to 10.
The vote torecivt was: Messrs. lUnt-.n, lin.wii,
Buchanan, Clay, Clnyto,,, Ci ttmden, DuNis^
Kwingof Illinois. Kning of Ohio, (Jold.sboroiiglL
Gnmdy, Hendricks, Hill, llubburd, Kent, Kin;:
of Alabama, King of (ieorgia, Knitriit, I.inn, Mc
Kean, Morri.s, Naudain, Nilcs, Prentiss, Uobbins.
Robinson, Ruggles, Shepley, Southard, .Swift!
Tallmadgo, Tipton, Tomlinson, Wall, Wi hstcr,
Wright. The nays were : Messrs, JJluck, Cal-
houn, Cuthlwrt, Leigh, Moore, Nicholius, Porter.
Preston, AValkcr, White.

The motion to reject tho petition being thui
lost (only a meagre minority of the Southern
members voting for it), the motion to reject itn
prayer next came on ; and on that motion M.\
Calhoun refused to vote, saying :

"The Senate has by voting to receive this
petition, on tho ground on which the reception
was placed, assumed the princii)le that we are
bound to receive petitions to abolish slavery,
whether in this District or the States ; that is,
to take jurisdiction of the question of abolishing
slavery whenever and in whatever manner tho
abolitionists may think proper to piesent tho
question. He considered this decision pregnant
with consequences of the most disastrous char-
acter. AVhcn and how they were to occur it
was not for him to predict ; but ho could not
be mistaken in the fact that there nmst follow
a long train of evils. What, he would ask, must
hereafter be the condition on this floor of tho
senators from the slaveholding States ? No one
can expect that what has been done will arrest
the progress of the abolitionists. Its effects must
be the opposite, and instead of diminishing must
greatly increase the number of the petitions.
Under the decision of the Senate, we of tho
South are doomed to sit here and receive in si-
lence, however outrageous or abusive in their
language towards us and those whom we re-
present, the petitions of tho incendiaries who
are making war on our institutions. Nay, more,
we are bound, without tho power of resistance
to see the Senate, at the request of these incen-
diaries, whenever they think proper to petition,
extend its jurisdiction on the subject of slavery
over the States as well as this District. Thus
deprived of all power of effectual resistano), can
any thing be considered more hopeless and de-
grading than our situation; to sit here, yeai
after year, session after session, hearing our-
selves and our constituents vilified by thousands
of incendiary publications in the form of peti-
tions, of which the Senate, by its decision, is
bound to take jurisdiction, and against which
we must rise like culprits to defend ourselves,
or permit thcin to go uncontradicted and uit>

620

THIRTY YEARS' VIEW.

rpNinU-*! 7 We niist ultimfttcly be not only «!<•-
ffrmled in niir own eslitnation and that of the
wirld, hilt be- extmuHtcd und worn out in such a
contest."

This was a most unjustifiable assumption on
the part of J.Ir. Calhoun, to say that in voting
to receive this petition, confined to slavery in
the District of Columbia, the Senate took juris-
• lictiun of the question in the States — jurisdiction
of the question of abolishing slavery whenever,
and in whatever manner, the abolitionists might
ask. It was unjustifiable towards the Senate,
and giving a false alarm to the Soutlu The I
thirty-five senators voting to receive the pcti- 1
tion wholly repudiated the idea of interfering I
witli slavery in the States. Twelve of them
were from the slavcholding States, so that Mr. I
Calhoun was outvoted in his own half of the
Union. The petition itself was confined to the
object of emano'pation and the suppression ol
the slave trade in the District of Columbia,
where it alleged, and truly that Congress pos-
sessed jurisdiction ; and there was nothing
either in the prayer, or in the language of the
petition to justify the inferences drawn from
its reception, or to justify the assumption that
it was an insult and outrage to the senators
from the slavcholding States. It was a brief
and temperate memorial in these words :

" The memorial of Cain Quarterly Meeting of
the Religious Society of Friends, commonly
called Quakers, respectfully represents: That,
having long felt deep sympathy with that portion
of the inhabitants of these United States which
is held in bondage, and having no doubt that
the happiness and interests, moral and pecu-
niary, of both master and slave, and our whole
community, would bo greatly promoted if the
inestimable right to liberty was extended equal-
ly to all, we contemplate with extreme regret
that the District of Columbia, over which you
possess entire control, is acknowledged to be
one of the greatest marts for the traffic in the
persons of human beings in the known world,
notwithstanding the principles of the constitu-
tion declare that all men have an unalienable
right to the blessing of liberty. Wo therefore
earnestly desire that you will enact such laws
as will secure the right of freedom to evety hu-
man being residing within the constitutional
jurisdiction of Congress, and prohibit every
species of trafSc in the persons of men, which
ii as inconsistent in principle and inhuman in
practice as the foreign slave trade."

This waa the petition. It was in favor of
emancipation in the District, and prayed the
suppression of the slave trade in the District ;

and neither of these objects had »ny rc'i-
to emancipotionor the slave tmde, in tiip Siit
Mr. Preston, the colleague of Mr. CaHioun n,j
his reasons for voting to reject the prnyin.ft
petition, having failed in his first otij^t t„ J
ject the petition itself: ond Mr. Davis, of J^; J
chusetts, repulsed the inferences and ai.5.jn1
tions of Mr. Calhoun in consequence of the v J
to receive the petition. Ho denied tlie ju., \
of any suggestion that it portended rai-clii,f.,
the South, to the co.istitution, or to tlic Uni jl
or that it was to make the District tlic ln^J
quarters of abolitionists, and the stepplno-st,
ond entering wedge to tlie attack uf sh\;r;]
the States : and said :

" Neither the petition on which the dt'oij
had arisen, nor any other that ho had seen, t^
posed directly or indirectly to disturb tlic In
unless the abolition of slavery in this Iiistrjfi
or the suppression or regulation of tlie fiJ
trade within it, would have that clfict. FJ
himself, Mr. D. believed no purpose cwM'l
further than this from the minds <if tlie u4
tioners. He could not determine what th>'\iM
or motives might be in the minds of men. I
he judged by what was revealed ; and liccoi
not persuade himself that these pctitionj
were not attached to the Union and that m
had (as had been suggested) any nlterior pji
pose of making this District the iKad-quartel
of future operation — the stronghold of anl
slavery — the stepping-stone to an attack uJ
the constitutional rights of the South. He wd
obliged to repudiate these inferences as uiijiii
for he had seen no proof to sustain them in ai,
of the petitions that had come here. The pel
tioners entertained opinions coincident wif
their fellow-citizens as to the power ofCoi
gress to legislate in rcfirrd to slavery in ti|
District; and being desiuus that slavery shot
cease here, if it could be abolished upon joi
principles ; and, if not, that the traffic ami
on here from other quarters should be 6u|
pressed or regulated, they came here to i
Congress to investigate the matter. This \
all ; and he could see no evidence in it ofack
destine purpose to disregard the constitution ^
to disturb the Union."

The vote was almost unanimous on
Buchanan's motion — 34 to 6 ; and those i
against it, not because they were in favor I
granting the prayer of the memorialists, 1
because they believed that the petition ou^
to be referred to a committee, reported «;«
and then rejected — ^which was the ancient e
of treating such petitions ; and also the moj
in which they were now treated in the Ik
olfeleprcscntatives. The vote was :

ANXO 1836. ANDREW JA(;KS«)N. l'IlF>iif)KNT

r,-2\

these object 8 had miy rfli;
or the slave trade, in ilip Su ,
5 colleagiio of Mr. Callumn, nid
■otinR to reject the prayirifij
failed in his first ot.jwtt.,-]
I itself: and Mr. Davis, of Mi< J
ied the inferences and a>?;ti,J
Ihoun in consequence of the v;
petition. Ho denied the ju.|„
on that it portended rairchuf J
he co>A8titution, or to tho Itii ,n|
to raako the District tlio \n^
litionlstS; and the stopping-?tin
•cAffi to the attack of ehvi rj- j
d said :

10 petition on which the dtU

r any other that he had hct, [r,

or indirectly to disturb tlie In. i

(lition of slavery in this Distrid.

sssion or regulation of the f\A

it, would have that clfict. wl

D, believed no purpose cdiiM'J

this from the mind.s ui the i*i

)uld not determine what l\v\iM

ight be in the minds of men. '

what was revealed ; and he coiL

himself that the.se petitioneJ

x:hed to the Union and that M

l)een sugpested) any nlterior pal

i<^ this District the hcad-quartoJ

e'ration— the stronghold of an«

stepping-stone to an attack uf<l

,onal rights of the South. lle«il

mdiate these inferences as utija

en no proof to sustain them ini

ns that, had come here. The

iained opinions coincident

jitizens as to the power ofCoi

;late in rc^rd to slavery in tH

being desiious that slavery slwui

_■ it could be abolished iiponjn

id, if not, that the traffic cam

n other quarters should be siil

■egulated, they came here to •'

nvestigate the matter. This'

)uld see no evidence in it ofacb

ise to disregard the constitution |

Union."

was almost unanimous on
motion— 34 to 6 ; and those i
because they were in favor |
prayer of the memorialists,!
believed that the petition oud
to a committee, reported uj^
jted— which was the ancient ir-
ich petitions ; and also the mj
were now treated in the Mr
atives. The vote was:

y^g—Messrs. Benton, Black, Brown, Bu-
„ Clav, Crittenden, CuthU-rt, Ew

On puttinf^ the r]ur.stion the motion was di<
vidid, so tM to liave a Hoparato vote on th«

"^•i,^:fl_Mi'.s.«r8. Davis, ilendrick.s. Knight.
PrvDWN Swift, Webster— (l.»

\fttr ilii^ decision, Mr. Webslor gave notice
jthc had in hand several similar petition.s,
ttich he had forborne to present till this one
Lm Pennsylvania should bo disposed of; and
Hiinoiv be should, on an early occasion, present
Lb and move to dispose of them in the way
nwhich it had Ix'en his opinion from the first
at all such petitions should have In en treated;
lit is referred to a committee for considera-
ion and inquiry.

ITIie action of the House of R' prescntatives
now be seen on the subject of these
iititions; for duplicates of the same gene-
^Iv went to that body ; and there, under the
i uf a South Carolina member, and with
niajorities of the House, they were dis-
Ld of very difTerently from the way that Mr.
Uhoun demanded in the Senate, and in the
L that he deemed so fatal to the slaveholding
bies, Mr. Henry L. Pinckney, of the Charles-
1 district, moved that it be —

■Smked, That all the memorials which

Ivcijcen otfered, or may hereafter be presented

J tliis House, praying for the abolition of

Lveryinthe District of Columbia; and also

e resolutions ofiered by an honorable member

J Maine (Mr. Jarvis ), with the amendment

Uto proposed by an honorable member from

jiwinia (Mr. Wise), together with every

Lr paper or proposition that may be submit-

il in relation to the subject, be referred to a

kcl committee, with instructions to report :

itCongress possesses no constitutional author-

ho interfere in any way with the institution

lilavery in any of the States of this confede-

Lj: and that in the opinion of this House,

Wss ought not to interfere, in any way,

1 flarery in the District of Columbia, be-

s it would be a violation of the public faith,

tie, impolitic, and dangerous to the Union.

Bgning such reasons for these conclusions,

[inthe judgment of the committee, may be

(calculated to enlighten the public mind, to

kj excitement, to repress agitation, to secure

Imaintain the just rights of the slave-holding

jtes. and of the people of this District, and

iPtstore harmony and tranquillity amongst

V»rious sections of this Union."

«f-

)n'i (iivi.siDU

That Congress po.sHesscs no ci>n.stitiitii>nal aii«'
thority to interfere, in any way. with the insti-
tution of slavery any of the .'^tatis, the vote
was 201 to r — the seven negatives Uing Mr.
John Quincy Adam.s, Mr. Harmcr Denny of
Pennsylv'.nia, Mr. William Jackson, .Mr. Horacu
Everetl of Vermont, Mr. Ilice (Jarland of
Louisiana, Mr. Thomn.s Glascock of Georgia,
Mr, William Jackson, Mr. John Uobcrt.son of
Virginia j and they, because opposed to voting
on such a proposition, deemed gratuitous ami
intermeddling. On the third division, of tlio
resolve. That Congress ought not to interfere
in any way with slavery in the District of
Columbia, the vote stood 1G3 to 47. And on
the fourth division, giving as reasons for such
non-interference. Because it would be a viola-
tion of the public faith, unwise, impolitic, and
dangerous to the Union, the vote was, 127 to 7.J.
On the last division. To assign rc.isons for thi.s
report, the vote stood 107 to C. So the com-
mittee was ordered, and consisted of Mr.
Pinckney, Mr. Hamer of Ohio, Mr. Pierce of
New Hampshire, Mr. Hardin of Kentucky,
Mr. Jarvis of Maine, Mr. Owens of Georgia,
Mr. Muhlenberg of Pennsylvania, Mr. Drom-
goole of Virginia, and Mr. Turrill of New- York.
The committee reported, and digested their re-
port into two resolutions, Jirst, That Congress
possesses no constitutional authority to interfere,
in any way, with the Institution of slavery In
any State of this confederacy. Stcondli/, That
Congress ought not to Interfere In any way
with slavery In the District of Columbia. And,
"for the purpose of arresting agitation, and
restoring tranquillity to the public mind," they
recommended the adoption of this resolve :
" That all petitions, memorials, resolutions, pro-
positions, or papers relating In any way to
the subject of slavery, or tke abolition of slavery,
shall, without either being printed or referred,
be laid upon the table; and that no further
action whatever be had upon them." All these
resolutions were adopted ; and the latter one by
a vote of 117 to 68 ; so that the House canto

C22

THinrV' VKARS* VIEW

to the name coiiPfic which the Senate h»<l t»krn
in relation to thcno momoriaii*. Mr. AdatnH,
w iins(> voton, tftl<i'n hy tlioms«lv(-3, minht prc-
Hint him aM acting with tlio a>)<)htionifitH, wai*
entirely ojipoHc*! to their ohjects, ami waH
povi'niod hy a sense of wliat appeared to him
to Ih) the rifilit of jx-'tition, and alHo the mont
eifectual way of putting an end to an agitation
wJiich ho aincerely deprecate<l. And on thi«
point it is right tlmt he should ho heard for
liimself, as speaking for himwlf when Mr.
Pinckney's motion wa.s hefore the TIousc. Ik
then said :

" But, sir, not being in favor of the ol.jeot of
tlio petitions, I then giivc notice to the Iloueo and
to tiio cotmtry, that ujKin the wupposition that
these petitions had been transmitted to me un-
der the oxi)ectation that I should present thorn,
I felt it my duty to say, I should not support
them. And, sir, the reason which I gave at that
time for declining to support them was precisely
the same reason which the gentleman from Vir-
ginia now gives for reconsidering this motion —
namely, to keep the discussion of tho subject
out of the House. I 6;i:d, sir, that I believed
this discussion would bo altogether unprofitable
to the House and to tho country ; but, in de-
ference to the socrc'd right of petition, I moved
tliat tliese fifteen petitions, all of which were
numerously signed, should bo referred to the
Committee on the District of Columbia, nt the
head of which was, at that time, a distinguislied
citizen of Virginia, now, I regret to sayr-and the
whole country has occasion to regret — no more.
These petitions wero thus referred, and, after a
short period of time, tho chairman of the Com-
mittee on the District of Columbia made a re-
port to this House, which report was read, and
unanimously accepted; and nothing more has
been heard of these petitions from that day to
this. In taking the course I then took, I was
not sustained by the unanimous voice of my own
constituents ; there were many among them,
persons as respectable and as entitled to consid-
eration as any others, who disapproved of the
course I pursued on that occasion.

" Attempts were made _within the district I
then represented to get up meetings of tho peo-
ple to instruct me to pursue a difterent course,
or to multiply petitions of the same character.
These efforts were continued during thp whole
of that long session of Congress ; but, I am grati-
fied to add, without any other result thii that,
from one single town of the district which I had
the honor to represent, a solitary petition was
forwarded before the close of the session, with a
request that I would present it to the House.
Sir. I did present it, and it was referred to the
satne Committee on the District of Columbia,
and I believe nothing more has been heard of it
since. From the experience of this session, I

waa pcrfi-iHly rstifflwl that the tnio in,| ,,
liietho<l r>f kiH'ping this suliir*-! nut of .i,^, ''
wa*. to take that rourw ; to n-fir nil i^ m, .^
of this kind to the Committee on thi- hisinn
Columbia, or some other committH „f .i'
House, to n-ccive their report, and to lurm
unanimously. This does efpial justi.i |„ .'.
fiarties in the country ; it avoids the diini.i,
of this agitating question on tli.- nnc f,^.]
and, on tho other, it pays a due n^ k^i .
the right v')f tho constituent to fHtition T»
years afterwards, similar petitions won inx-
ed, and at that time an efl'ort madi-, wiih,,i||.
cess, to do that which has now \nvn ilouc i,j
a'ssfully in one instance. An effort «a.< it;»J
to lay these petitions on tl"' table ; tho il
did not accede to tho proposition : they rr'rhi
tho petitions as they had been before niirn^
and with the same result. For, fnun tlio ir)
ment that these petitions arc referred t
Committee on the District of Columtiin, duv,
to the family vault 'of all the Ciiimlits,' tj
you will never hear of them aflerwnnls, T
"At the first session of tho last Conimii
gentleman from the State of New-Yorii, a ij
tinguished niera1x.'r of this House, now no lonj
hero, which 1 regret to say, although 1 do
doubt that his place is well suppliotl, pf^rc
one or more petitions to this effect, and ileliTnii
a long and eloquent speech of two hours in sij
port of them. And what was the rtf.ult ! 1
was not answered ; not a word was said|l«iti,i
vote of tho House was taken ; the petitions 'fd
referred to tho Conimitto on the Diiitricti
we have heard nothing more of them An<x.
tlie same session, or probably at the vcnl
session, a distinguished member of this iM
from the State of Connecticut, prcsentaionef
more petitions to the same eL'ect, and dw!a
in his place that ho, himself concurred i,i illt
opinions expressed. Did this declaration liJ
up the flamo of discord in this Huu.'^e ? Sir,|
was heard with patience and complacency.
moved the reference of the petitions to l
Committee on tho District of Columbia,!
there they went to sleep the sleep of deatli.
Adams. si)eaking from recollection, wa^ [tkil
porter is requested by him to state] luisuli
with respect to the reference of the pctitioj
presented at the last session of Congress to a
committee. They were then for the first tii
laid on the table, as was the motion to pri
one of them. At the preceding session of l|
last Congress, as at all former times, all such p
tions had been referred to committees and pra
ed when so desired. Why not adopt tiie 8
course now ? Here is a i)etition which hash
already referred to the Committee on the I
trict of Columbia. Leave it there, and, ray w J
for it, sir, you will have just such a result islj
taken phun time after time before. Your Ci
mittee on he District certainly is not an aboliij
committee. You will have a fit, proper, andif
report from them; the House, subsikntki
adopt it, and you will hear no more aboiilj

ANNO 193rt. ANDREW JAlK.HON. riM>!I)KNT.

623

i-Rtlffled that tlic tnii> m.) ,^i,
inir this iiilyrct ont of iJiw^,,,
ut ronrw" ; tn nfir »!! iinji,,,
Ihe Comniittet' on thi- !>istnr»
Bome otluT <'omniiit(< n( •
vc thoir n-port, ari'l V, ncj,
Thin U'K'H «.«(|nal justiit i„ ,
;ountry, it avoids thi- tliir,,.,,,
11(5 qucHtion on tl\f nni' Im,]]
)tl»<T, it payn a due ni H,t
10 constitticnt to fxtiiion j,,
(1h, Himilar petitioiiH weniffv
time an effort madt, with, n,,
it which hafl now Invn ilum. t^y^
10 inHtancc. An fflort \vx*rr,i
I'titions on t^"^ table ; thi; II.
I to the proposition : they pi',,, „
as tiioy ha<l been bcfcin- nlVm<l
saino result. For, from tlic ri
C8C petitions arc rtforred tv it
I the District of Columbia, iIhtij
r vault 'of all the Crtpiiliu,' i,
r hear of them aflerwiird
at session of the last Conm'?<,
>m tho State of New-Yorl(.»4
L'rabcr of this lloiisc, now no loni.
rc(;ret to say, altl:o\i(:h I do i
IB place is well suppliod, pfiir:!
petitions to this ellect,and(ldiTeii.
oquent spccrh of two hours in scl
, And what was the result ! ll
rered : not a word was said, but i,l
[ousewas taken; the petitions w«|
ho Conimitte on the District. «
•d nothinK more of them since,
mion, or probably at the vcnli
tinguished member of this iloji
te of Connecticut, presented one
ns to the same cll'ect, and decli
;hat ho, himself concuired b all
rcsaed. Did this declaration lij
of discord in this Uou.-i; 1 Sir.l
ith patience and complacency.
reference of the petitions to
on tho District of Columbii,
ent to sleep the sleep of dcatii.
king from recollection, was [the
luested by him to state] misui
t to tho reference of the petit*
the last session of Conp:res3 to
They were then for the first ti
table, as was the motion to pr
At the preceding session of
,s, as at all former times, all such p
sen referred to committees and pi
desired. Why not adopt the
, Here is a i)ctition which hasl
rred to the Committee on the
imbia. Leave it there, and, my n
m will have just such a result ii\
time irfter time before. YourCa
e District certainly is not an aboii
You will have a fit, proper, andf
them; the llouee, sub siknUo
d you will hear no more aboiill

L^^.fron ar* to rwon^idertho vote, and to lay

V"^.^titiiin'* on thp t^iMe j if you coinc to fhp

j.i.in tli:it ihij^ Ilonsi' will not n-ceive any

. rttitioii-*, what will 1m« tho coniio<iiiono<' 1

.jijfp.pnrfi'in of this cduntry every individiml

^Vrwli" votes with you will lio left at home

ithi' next t'li'i'tion, and xonio one will l>e sent

,-fl li not proparoil to lay these petitions on the

T^frcwns certainly reii^nn in what Jfr. Ad-

inropii'i'l. and encourag(^nn'nt to adfipt his

ur*', from tho good etlect which ha<l altraily

nmled it in other cases ; and from the further

i>i cffii't whieli ho afllrtned, that, in taking

lit course, till* committee and the House would

Lecome to the same coJielusion by a unani-

,i.j, instead of a divided vote, as at present.

ki» course was also cnnformablc to that of the

irlu-t action of Congress upon tho subject. It

luin the session of Coi.gress of 1780-'!)0 — lie-

tthe first under the constitution — that the two

lestions of abolishing the foreign slave trade,

d of providing for domestic emancipation, came

rforc it ; and then, as in tho case of tho Cain

lemorial, from tho Religious Society of Friends,

kerc was discussion as to tho mode of acting

m it— which ended in referring the memorial

lispecial committee, without instructions. That

ntnittee, a majority boing from the non-slave-

tilinj; States, reported against the memorial on

)th points; and on tho question of emancipation

jthe States, the resolve which the committee

Bnimcndcd (after having been slightly altered

I phraseology), read thus: ^ That Congress

vno authority to interfere in the emanci-

^m of slaves, or in the treatment of them

thin my of the States; it remaining with

I imral States to provide any regulations

mvhirh humanity and true policy may

(iiire." And under this resolve, and thistreat-

Btof the subject, the slavery question was then

Irtcd ; and remained so until revived in our own

^e, In the discussion which then took place Mr.

iison was entirely in favor of sending tho pe-

loD to a committee ; and thought the only way

!tt up an agitation in tho country, would be

I opposing that course. He said :

[The question of sending tho petition to a
^iiittee was no otherwise important than as

pntli'ti . :i rnado It m by thrir srrlou* opposi-
tion. II td lliey )»TMlill. d tlw <-"iiiliiillutnt ••(
the m<'m.iri!il, n« n iimtiir of (.■nnr'e. in noti<-<>
would have Im«h tak.ii of it out of door* : it
rouM nevi r lm\r Im<i» l.luwn up into a d«< i^ion
of the i|ui'Nti<iti ri".i»<'iiii;r iln- diMri.iiru^rciniiit
uf the .\fii(;iii ulnvr Irnilc, imr alarm ilir owncn*
with an i>ippreliension (Imt the ^'emral jrnveni-
mcnt were alioiit to aboliMh olavcrv in nil tlnf
StatiS. Such tliin|.'s nn ikiI ronii iri|ilatrd l>y
any gentleman, but tiny imiIc alan » liy tluir
extended olij(cti<Mis to eoininittiiiir ilie nii-
tnoriiil"', The ili(iii»e liii-< taken a "(■linii'* turn j
mill it will 1k' owing tn ilii« ttlonc if an alarm i.H
rnati'<l : for. had tlir iminorial In in irtMited ii\
the iisiiiil way, it would Imve br n e<inHi<|eri'd.
a-f a matter of eour.sc ; nnd a rf|Hirt ini>;lil have
Iwcii made so us to L'ive (.iriiTuI fatiffiietion.
If there WM the !-li>;liti'.l tendency bv thi- mm-
mitnu'ut to lii'i 'k in upon tln' <'onHtiliiiion, be
would olijeet to it; but lie did not fee niion
wlial (rroimd smdi an event could Ih' appre-
hended. The petition did not ronteinplate even
a breacli of the coii>litntion; ii jiniyid, in gene-
ral terni.s for tiie inlerlereni'e (d' Cougiecs wj f.ir
as they were constitutionally authoiizod."

Thisclmpteropensandconeluili'swith the words
of Mr. Madison. It is beautifid to l« bold the
wi.'^e, just, anil consistent eourK? of that virtuous
and patriotic man — the same from the iK'ginning
to the ending of his life j and always in harmony
with the sanctity of the laws, the honor ami in-
terests of his country, and the |s"ace of his fellow-
citizens. May his example not be lost upon
II-'. This chapter has been copious on the sub-
ject of slavery. It relates to a period when a
new point of departure was taken on the slave
question ; when the question was carried into
Congress w ith avowed alternatives of dis.solving
tho Union ; atid conducted in a way to slww
that dissolution wa.s an obji^ct to be attained,
not prevented ; and this being the starting point
ofthc slavery agitation which has sin m 'na(«d
the Union, it is right that every cit.zti: r'.Add
have a clear view of its origin, j>iogr(«s, and
design. From the begiiniing of '.': .'^fissouri
controversy up to the year 1835, the author of
this View looked to tho North as the \mnt of
danger from tho slavery agitation: since that
time he has looked to the South for that danger,
as Mr. Madison did two years earlier. Eiiually
opposed to it in cither quarter, he has oppasod it
iu both.

624

TIIIIITV VKAUs- VM;W,

(IIAl'TKR (;XXXV[. I

UKMliV Al. (IK TIIK •IIKIiOKKKd ruuM UKOKUIA. I

Tiu: ttriioviil of the Crct-k Indiana from tliin !
State wn« accoiiiplixhcil by thu tnnfy of If^-i^, j
antl that s.-illsdc'd t)i(> oliliKntiiuM of thu IJiitecl
StntcH to (itoij;ia, tin<hr the compuct of iMli'J,
HO fur ax tlif Cri'i'k trit*e wob concormd. l]iit
the snini'oMi^Mitioii ronmineil with ri'wpcct to the
ChiTokic'H, ci'iitiiictcd at the Baiiic tiiiic, and
founded on tlic saino valuable conHidiiutioii,
namely: the cession by (ieorffia to the I'nited
States of her « extern t'Tiitory, nowconHtitutinp
I he two l^tatcK of Alabiintii and )Ii.s8i(ti4i|iiil.
And twenty-five years' delay, and under inccs-
Hant application, the compact had been carried
Into effect with respect to tho Creeks ; it was
now thirty-five years since it was formed, and
it still remained unexecuted with respect to tho
Cherokeea. Georgia was impatient and impor-
tunate, and justly so, for tho removal of this
tribo, tho last remaining obstacle to the full en-
joyment of all her territory. General Jackson
was equally anxious to effect tho removal, both
as an act of justice to Georgia, and also to Ala-
bama (part of whoso territory was likewise
covered by the Chcrokces), and olso to com-
plete the business of tho total removal of all
the Indians from the east to tho west side of
tho Mississippi. It was the only tribo remain-
ing in any of the States, and he was in the last
year of his presidency, and tho time becoming
short, as well as the occasion urgent, and the
question becoming more complex and difficult.
Part of the tribe had removed long before.
Faction split the remainder that staid behind.
Intrusive counsellors, chiefly from the Northern
States, came in to inflamo dissension, aggravate
difficulties, and impede removal. For climax
to this state of things, party spirit laid hold of
it, and the politicians in opposition to General
Jackson endeavored to turn it to the prejudice
of his administration. Nothing daunted by this
combination of obstacles. Genera' Jackson pur-
sued his plan with firmness and vigor, well
seconded by his Secretary at War, Mr. Cass —
the "War Department being then charged with
tho administration of the Indian alTair? In the
autumn of 1835, a commission had been ap-

pointed to treat with the \->tr tr<'« ,1,
and AlttbuniR. It wan very ,■ ■f.ci.j.iily eomi,,
to 8<Tiini|iiinh its purpoHc, lifiiiu partly ,
and jinrlly ccoleiiiaNtic. (ii-nernl WiH,,^ ,
roll, of Ti-nnesHee, well known to ull tt«Si,iitt,
Indians rm a brave and humane wurni.r. irni.jj
Utverend John F. .Schermcrhorn, of N^.y,^
Will known as a iikissionury labotv-r, ci,,,,,
the conunissiom ; and it hod all tho tnix\
which the I'renident expected.

In the winter of 183.'>-'3(j, a treaty wu „^
tiated, I y which tho C'iierokecH, makiii;} clJ
disposal of all their possessionu citst of iJ
^lississippi, ceded the whole, and airrtij t,
West, to join the half trilnj beyond tiiatnvM
Tho consideration jtaid Ihcni wis aini)lt'. J
besides the moneyed consideration, thtv
large inducements, founded in views .)f|U
own welfare, to make the remoyal. Tliue 1
ducements were set out by thoinstlvwj jq ,
preamble to tho treaty, and were dcclarwi |
bo: "A de-ilro to got rid of tho difliciiltiei J
pcrienced by a residence within the bcltlicj t
of tho United States; and to reuuitv tliiirr
pic, by joining those who had crossed the )lJ
sissippi ; and to live in a country beyonil ti
limits of State sovereignties, and where ilj
could establish and enjoy a government of tin
choice, and perpetuate a state of society, whJ
might bo most consonant with their views, bad
and condition, and which might tend totlnirii
dividual comfort, and their advancement incivJ
zation." These were sensible reasons for(lo.<iriJ
a removal, and, added to the moneyed consideij
tion, made it immensely desirable to thclndiu
Tho direct consideration was five milliuaji
dollars, which, added to stipulations to pay I
tho improvements on the ceded lands— to dcfq
the expenses of removal to their new homes b
yond tho Mississippi — to subsist them for (
year after their arrival — to commute KhJ
funds and annuities — to allow pre-emptions 1
pay for reserves — with some hberal grants |
money from Congress, for tho sake of quka
complaints — and some large departmental 1
lowances, amounted, in tho whole, to more tiJ
twelve millions of dollars! Being almost I
much for their single extinction of Indian I
in the comer of two States, as the whole prfl
ince of Louisiana cost ! And this in additionl
seven millions of acres granted fortheirn
home, and making a larger and a better to^

ANM) Is.irt. aM»I;KW JA« K.'M)N. I'UI^IDKNT.

62d

t with Hit \i; iri'- '.h
It wftH viTy ,' •.cj.j.inl) ,s)m(i
Is |iur|M>Hc, U'injs partly r „,,
I'siojilio. (ii-neiiil WiHn^ (
.•t',wi'll known to ull ilitS.uu,
»vo and hiimanv wnrn. r, nii;,,
F. SchiTincrhoni, nf Niw.y,
1 a iiisHioniiry lul)<)i,;r. (i,iii|,
m; and it had all tho iu(
lident i-xiK-ctod.
rofl83.'V-'a(j, a treaty «»,«„,
•h tho C liurokccH, nmkini; cIm
I their poKscssionu la-.t ,,f ^i
lied the whole, and acrnj t ,
the holf trilHj beyond thatnn
tion ]>aid them was ainiili', |,
joneyed consideration, tlity
icnts, foun<led in yicw« of tin

make the removal. Thoe ii
ro Bct out by thomselvi's in
tho treaty, ond were dwlaN
J to get rid of tho ditllc«lti« ei

1 residence within the bcttli'l
States ; and to reunite ttair
3; thoso who had croased the Mi

to live in a country Ixjond
to sovereignties, and where tl
li and enjoy a government of tl
rpctuate a state of Bociuty, v
consonant with their views, hiU
and which might tend totliurii
)tt, and their advancement in cm
10 were sensible reasons for dwiri
d, added to the moneyed considei
immensely desirable to the Indii
onsideration was five niiliioM
X added to stipulations to pay
icnta on the ceded lands— to deti
of removal to their new homes
ssissippi — to subsist them for
heir arrival — to commute schd
Quities — to allow pre-emptions
.yes — with some Ubcral granu
Congress, for the sake of quiet
■and some large departmental
ounted, in the whole, to more tl
)ns of dollars! Being almost
iir single extinction of Indian
of two States, os the wliole
iana cost ! And this in additionl

of acres granted for their
aking a larger and a better he

liua iJie ''"P *'"'y ''"' ^''^' foi""'dend m a
^u'l trani>nclion, the adTniitiV)' wih ulli*-
I l^f tiiJ out of all proportion, 011 the itide of
l^lnilwn- ; but nlief to tlw Stales, and <iiiitt
lidibi! lnduiiH,und tlie conipktion of a wixcund
l^^jjjn, policy, were overruling? cniisidenition*,
lttii(h tanctioned tho enorniity of the amount

\dvanl"t-''""'' as this tn-nty wo.-* to the In-
,1, and (1 ■^iraljle a* it wiw to bolli parties, it
taniotly o|i|x)«ed in the Senate ; and only
ued bv one vote. Tho discontented party of
t'herokees, and the intrusive conuseilors,
li t^ty sjiirit, pursued it to Washington city,
bJ iircaniztd an opposition to it, headed l)y the
•at chii'fs then opposed to the administration
(Ciiieriil Jiickson— Mr. Clay, Mr. AVebster,
Ljlr, I'alhoun. Immediately after the treaty
Lc'mniuuicated to the Senotc, Mr. Clay pre-
Lti',1 a memorial and protest against it from
f "Cherokee nation," as they were entitled bj
t factidii tliat protested ; and also memorials
Hm MveriU individual Cherokecs ; all which
L printed and referred to tho Senate's Com-
|1U« on Indian Affairs, and duly considered
KD the merits of tho treaty camo to be cx-
kiicd, The examination was long and close,
tendinn at intervals for nearly three months
[from March 7th to tho end of May — and as-
Bing very ncarlj a complete party aspect.
I the IHth of May Mr. Clay made a motion
Itch, as disclosing tho grounds of tho opposi-
1 to the treaty, deserves to be set out in its
1 words. It was a motion to reject tho reso-
ion of ratification, and to adopt this resolve
litJlUce: "That the instrument of writing,
lortini; to bo a treaty concluded at New
Ikota on the 29th of December, 1835, between
^United States and tho chiefs, head men and
iplc of the Cherokee tribe of Indians, and the
fplcmentary articles thereto annexed, were
^made and concluded by authority, on the
tof the Cherokee tribe, competent to bind
lud. therefore, without reference to the terms
^conditions of the said agreement and sup-
lentary articles, the Senate cannot consent
ind advise tho ratification thereof, as a valid
^.binding upon the Cherokee tribe or na-
;" concluding with a recommendation to
I President to treat again with the Cherokecs
fof the Mississippi for tho whole, or any of
posses?ion8 on this side of that river.

Vol. I._40

The viitp on this nmiKo and n><N)niiiH tidation
wi»«, '-".' Mii-. lo l.'i iiHvs; itnd it niiuinn;; t»<o.
thirls to ndupt it, it «•»<», ofcourne, lo-t. Hut it
showed thitt tlie tnaty il^lf wus in imiiiineiit
dunpr olUinjt lo-t, and woiihl artuiilly U^ jo^t,
in a vote, as the Senote then st.sid. The « holo
numler of the Smatc was rorly-<ii;ht ; only
forty-fiMir had voted. 'I'lu le wi re Tiur minditTS
absent, and unluss two of these could Im- not in,
and vote with the friends of the treaty, iind n«
one jjoi in on the other side, tlie treaty was le-
jecteil. It was a close pinch, and made inu re-
colleet what I have often heard Mr. l:uiiil<dph
say, that there were always meuiiars to pt out
of the way at a pinching vote, or to lend a hand
at a pinehing vote, Fortunately the four ah-
I sent senators were cliussifled ns friends of tho
administration, and two of them como in to our
side, the other two refusing to go to the other
side : thus savin;^ the treaty by one vote. The
vote stood, thirty-ono for tho treaty, fifteen
against it ; and it was only saved by a strong
: Northern vote. The yeas were : Messrs. Itenton
I of Missouri ; Black of Mississijjpi ; Brown of
I North Carolina; Buchanan of Pennsylvania;
Cuthbcrt of Georgia; Ewing of Illinois; (Jolds-
borough of Maryland; (irundy of Tennessee;
Ilendrieks of Indiana; Hubbard of New Hump.
shiiv; Kent of Maryland; King of Ahdianm;
King of Georgia; Linn of Missouri; MeKean
of IVnnsylvaniii ; Mangum of North Carolino ;
Moore of Alabama ; Morris of Ohio ; Niles of
Connecticut; Preston of South Carolina; Hives
of Virginia ; Robinson of Illinois ; lluggles and
Shcpley of Maine ; N. P. Tallniadge of New-
York ; Tipton of Illinois ; Walker of Mississip-
pi ; Wall of New Jersey ; AVhito of Tennessee ;
and Wright of New- York — 31. The nays were :
Messrs. Calhoun of South Carolina ; Clay of
Kentucky; Clayton of Delaware; Crittenden
of Kentucky; Davis of Massachusetts ; Ewing of
Ohio ; Leigh of Virginia ; Naudain of Delaware ,
Porter of Louisiana ; Prentiss of Vermont ;
Bobbins of Rhode Island; Southard of New
Jersey ; Swift of Vermont ; Tomlinson of Con-
necticut; and Webster of Massachusetts — 15.
Thus the treaty was barely saved. One vote
less in its favor, or one more against it, and it
would have been lost. Two members were ab-
sent. If either had come in and voted with the
opposition, it would have been lost. It was
saved by the free State Tote — by the fourteen

r,26

TIIIUTY YKAIIS- VIKW.

Ih'o State nffinniitive votc"<, which precisely ha-
lancod and noutrahzcd the seven slave State
negative.'!. If any om' of these fourteen had
voted with tlie ne;rntiv(s, or eve > .n absent at
the vote, the treaty would liavc heen lost ; and
thus the South is indebted to tnu North fortius
most important treaty, which completed the
relief of the Southern States — the Chickasaws,
(Jreeks and Choctaws having previously af^reed
to remove, and the treaties with them (except
with the Greeks) having been ratified without
serious opposition.

The ratification of this treaty for the removal
of the Chorokces was one of the most difficult
and delicate questions which we ever had to
manage, and i;? which success seemed to be im-
possible up to the last moment. It was a
Southern question, involving an extension of
slavery, and was opposed by all three of the
great opposition leaders ; who only required a
minority of one third to make good their point.
At best, it required a good Northern vote, in
addition to the undivided South, to carry the
treaty ; but. with the South divided, it seemed
hardly possible to obtain the requisite number
to make up for that defection ; yet it was done,
and done at the very time that the systematic
pla» had commenced, to charge the Northern
States with a design to abolish slavery in the
South. And I, who write history, not for ap-
plause, but for the sake of the instruction which
it affords, gather up these dry details from the
neglected documents in which they lie hidden,
and bring them forth to the knowledge and con-
sideration of all candid and impartial men, that
they may see the just and fraternal spirit in
which the free States then acted towards their
brethren of the South. Nor can it fail to be ob-
served, as a curious contrast, that, in the very
moment that Mr. Calhoun was seeing cause for
Southern alarm lest the North should abolish
slavery in the South, the Northern senators
were extending the area of slavery in Georgia
by converting Indian soil into slave soil : and
that against strenuous exertions made by him-
self.

CHAPTER CXXXVli

KXTKNSION OF THE MISSOUIU nrirM,,^;^

This was a measure of great moment to Mi-inm i
and full of diflricullies in itself, and requiring,!
double process to accomplish it — an act c.f c,
gress to extend the boinidary, and an Inr; J
treaty to remove the Indians to a new li -
It was to extend the existing I'nundarvof tU
State so as to include a triangle betwun theijj
isting line and the Missouri River, hrpc cnouH
to form seven counties of the first class and U
tile enough to sustain the densest pupulaiioji
The difficulties were threefold: 1. To make mJ
larger a State which was already one of tb
'argcst in the Union. 2. To remove Indiai
from a possession which had just been a-si;niJ
to them in perpetuity. 3. To alter the Mivv)i;|
compromise line in relation to slave tcniton
and thereby convert free soil into sla\c joj
The two first difficulties were serious — t!J
third formidable : and in the then stato of tU
pu' 'ic mir.d in relation to slave territory, tliisei
largement of a great slave State, and by convoif
ing free soil into slave, and impairing tlic compri
mise line, was an almost impossible underlakio
and in no way to be accomplished without]
generous co-operation from the members of tij
free States. They were a majority in the IIooj
of • .'presentatives, and no act of Congrc.-s coal
pa.' i for altering the compromise line withoi
tLcir aid : they were equal in the Senate, M
no treaty for the removal of the Indian.' m
be ratified except by a concurrence of ti
thirds. And all these difficulties to be otJ
come at a time when Congress wa.s inllaiB
with angry debates upon abolition petitioJ
transmission of incendiary publications, imputl
designs to abolish slavery ; and the ai)pears!i
of the criminating article in South Carolina (
titled the " Crises," announcing a Southern c
vention and a secession if certain Noithd
States did not suppress the abolition socklj
within their limits within a limited time

In the face of all these discouraging ob.*tai|
the two Missouri senators, Messrs. Bentim i
Linn, commenced their operations. Tiie fl
step was to procure a bill for the altcratiiial
tltc compromise line and the extension off

ANNO \HV.c,. ANI»nEW .lACKxiy, nU'SIDr.NT

C27

KR C XXX VII

p THE MISSOUni nfirN!iA!;T.

re of great moment to Mii.jfi\!ri
illk'S in itself, and requiring »;
, accomplish it— an :icl (.fCc
the boundary, and an liiiia
a the Indians to a new li .mi
1 the existing Vouivkry nf t'
elude a triangle betwic-i Ik is
.he Missouri llivcr. larjie cnnu?
►unties of the first class, andfv
sustiiin the densest populaiio
were threefold: 1. To make sal
which WP-" already one of i
Union. 2. To reniovo Imli
on which had just lecu a-^si^ne
letuity. 3. To alter the Mi<?ni
,e in relation to slave tcrriioi
lonvert free soil into sUao so-
difiBculties were serious -t
le: and in the then statoof t
relation to slave territoiT, i\m.
. great slave State, and bycravci
to slave, and impairing tliccomp
an almost impossible undcrtaki
ly to be accomplished witliom
leration from the members of t!
'hey were a majority in the IIoi
lve8,andnoactofCongrc.^sco
ng the compromise line witlii
y were equal in the Semite, win
the removal of the Indians wi
ixccpt by a concurrence of v
all those difficulties tokovi
Lc when Congress was infta
Idebatcs upon abolition Ftitio
of incendiary publications, imptf
iolish slavery; and the aii^ara
.ting article in South Carolina
Irises," announcing a Southern'
a secession if certain Nort
,t suppress the abolition socc
limits within a limited tunc
of all these discouraging oh?i
[souri senators, Messrs. Benumj

•need their operations. Uie J
IprocureabillforthcaUerat..^
Tiso line and the extension 0,

!arv: it was obtained from the .Indioiarr
f pmi'tce, rc'iM)rti'd by Mr. John >!. Clayton
•iitlinftre: and passed the Senate without
I itonal opiiosition. It went to the House of
P„„p.entatives ; and found there no Fcrious ;
L'p^^ition to its passage. A treaty was m-goti- j
j J with the Sac and Fox Indians to whom the |
,Mintrv hail been assigned, and was ratified by ;
,5, requisite two thirds. And this, besides do- |
, ,n act of generous ju.stice to the State of i
Louri, was the noble answer which Northern i
#mticr8 pave to the imputed design of al)oli8h- 1
i^siarcry in the States! actually extending it ! j
ji'lbv an addition equal inextentto such States ;
ij^ljffftre and Rhode Island; and by its fer-
jitv equal to one of the third class of States.
Iri thb accomplished by the extraordinary
ess of altering a compromise line intended
)k perpetual, and the reconversion of soil which
been slave, and made free, back again from
to slave. And all this when, had there been
u least disposition to impede the proper exten-
la of a slave State, there were plausible reasons
Mih to cover an opposition, in the serious
jections to enlarging a State already the lar-
itinthe Union— to removing Indians again
jmahome to which they had just been re-
ed under a national pledge of no more rcmov-
ind to disturbing the compromise lino of
jii on which the Missouri question had been
liled; and the line between free and slave tcr-
OT fixed for national reasons, to remain for
\a. The author of this View was part and
j1 of all that transaction — remembers well
anxiety of the State to obtain the extension
kr joy at obtaining it — the gratitude which all
It to the Northern members without whose
it could not have been done ; and whose
manimous assistance under such trying cir-
litanccs he now records as one of the proofs
[this work contains many others) — of the wil-
less of the non-slaveholding part of the Union
be just and generous to their slaveholding
tthrenjCvon in disregard of cherished prejudices
otfenslvc criminations. It was the second
It proof to this effect at this identical session,
ratification of the Georgia Cherokee treaty
15 the other.

CHAPTKll CXXXVMI

ADMISSION OF THK STATKr* OK AKKANS.VS AM>

Ml* .IK. AN INTO TllK INluN,

Tiir.sK two youiiir States had appliid toriiii;,:r< S
for an act to enable tliini to iK.ld a convciilinn,
and form .State constitutions, jjivparatory lo
admission into the Union. Confjres.s refused to
pass the acts, and the people of the twoterritn-
ries held the convention by their own authority,
formed tliolr ronstltutions — sent copies to Con-
gress, pray in;;;; .idinission as States. They both
applied at this session, and the proccedinfrs on
their respective npiilications were slinultautons
in Congress, thoujrh in separate bills. That of
Michigan was taken up first, and had been
brought before each House in a message from
the President in these words :

"By the act of the 11th of January, ISDo,
all that part of the Indian Territory lying north
of a lino drawn due 'east from the southerly
bend or extreme of Lake Michigan until it sliuil
intersect 1/ake Erie, and east of a line drawn
from the said southerly bend, through the mid-
dle of said lake, to its northern extiemity, and
thence, due north, to the northern boundary of
the United States,' was erected into a sepaiato
Territory, by the name of Michigan. Tlie 'i'e\-
rltory comprised within these limits being part
of the district of country described in the
ordinance of the loth of Jul}-, 1787, which jno-
vides that, whenever any of t!ie States into
which the same should be divided should hiivo
sixty thousand free inhabitants, such State
should be admitted by its delegates ' into the
Congress of the United .States, on an equ.al
footing with the original States in all respects
whaiC'vcr, and shall be at liberty to form a per-
manent constitution and State government, pro-
viiled the constitution and government so to lie
formed shall l)o republican, .and in conforinlty
to the principles contained in these articles,' th(!
inhabitants thereof have, during the present
year, in pursuance of the right secured by the
ordinance, formed a constitution and State
government. That instrument, together with
various ether documents connected therewith,
has been transmitted to me for the purpose of
being laid before Congress, to whom the power
and duty of admitting new States into the
Union exclusively appertains ; and the whole
are herewith communicated for your early deci-
sion."

The application was referred to a select com-
mittee, Mr. Benton the chainnan ; and a memo
1 rial, entitled from the " Legislature of Michigan,"

628

THIKTY YKAIW VIEW.

WHS al-0 referred to the samecomniiltci', though
(>)>j'-';te(l to hy ^••oniu PcnatOM as purportiiiK to
CDine from a State which, as yet. had no (txist-
i-nce. ISiit the olijectioii was consid'.'reil by
others as liciii;; one of form — that it mipht l>e
(iiiisidcrfd as coniinp; from the jK-oplc of Michi-
;;an — and was nut even material in that point
<if view, as the (luestion was already before the
Senate on the President's Message. Some
objection was also made to the boundaries, as
iieinj; too large, and as trenching upon those of
Indiana and Ohio. A bill was reported for the
admission of the State, in support of which Mr.
Benton said, the committee liad included in the
j)roposed limits a considerable portion of terri-
tory on the northwest, and had estimated the
superficial contents of the State at 60,000 square
miles. The territory attached contained but a
very small portion of Indian population. It
was necessary to make her large and strong,
l>eing a frontier Stale both to ttie Indians and
to the British possessions. It should have a
large front on Lake Superior The principal
])oints of objection, of a permanent character,
were, that the proceedings of the people were
revolutionary, in forming a constitution without
a previous act of Congress ; and her constitution
inconsistent with that of the United States in
admitting aliens to vote before naturalization.
To the first it was answered that she had
applied for an act of Congress two years ago,
and was denied by the then dominant party, and
that it was contradictory to object to her, for
not having that which had boon refused to be
given ; and on the second, that the same thing
had been done for a quarter of a century. On
the latter point Mr. Burfjanan said :

" Michifian confined herself to such residents
and inhabitants of her territory as were there
at the signing of her constitution ; and to those
alone she extended the right of suil'rage. Now,
wo had admitted Ohio and Illinois into this
Union ; two sister States, of whom we ought
certainly to be very proud. lie would refer sena-
tors to the provision in the constitution of Ohio
on that subject. By it, all white male inhabit-
ants, twenty-one jears of age, or upwards,
having resided one year in the State, are entitled
to vote. Michigan had made the proper dis-
tinction ; she had very properly confined the
elective franchise to inhabitants within the State
at the time of the adoption of her constitution ;
but Ohio had given the right of suffrage as to
all future time to all her white inhabitants over
the age of twenty-one years ; a case embracing

all time to come, and not limited as in tlif. ^.
stitution of Michigan. He hud undcrsti-M t •
since the adoption of her constitution, (il,;,, ^i|
rei>ealed this provision by law. Jlc di,] .
know whether this was so or not ; hut Uf,
was, as plain as the English lun^'iiap; (rj, j
make it, that all the white male inhiiliitant.
Ohio, above the age of twenty-one years, wen
entitled to vote at her elections. Weil, fftui
had Illinois done in this matter ? H,. ^,,.1
read an extract from her constitution, by n',]
it would appear that only six months' t«nvi
residence wa.** required to acquire the ri.'hi (
sufl'rage. The constitution of Illinois „j
therefore still broader and more liberal thjt
that of Ohio. There, in all elections, all ni,J
male inhabitants above the age of twintv-orl
years, having resided in the State si.\ mnntiJ
previous to the election, shall enjoy the ri„\A
of an elector. Now, sir, it had been made a i.i
ter of preference by settlers to go to lllm^
instead of the other new States, where tliel
must become citizens before they conlcl vote!
and he appealed to the senators from llliniJ
whether this was not now the case, anil whtilj
any man could not now vote in that Statu aiM
a six months' residence.

"[Mr. Robinson said tlint such was th'factj
" Now, here were two constitutions of Stat^^T
the senator from one of which was niost sir^^
nuously opposed to the admission of Michia^^,
who had not extended the right of sutrraLe^H''
far a.^ was done by either of them. Did .Micl^Hr
gan do right in thus fixing the elective fn
chise ? IJe contended that she did act rijlJ
and if she had not acted so, she would nut liil
acted in obedience to the spirit, if not the ve|
letter, of the ordinance of 1787. Mieliid
took the right ground, while the States of m
and Illinois went back in making perpeiuai j
their constitution what was contair.id in 1
ordinance. When Congress admitteij tlicinaJ
Indiana on this principle, he thought it vd
ungracious in any of their senators or repi
sentatives to declare that Michigan should i
be admitted, because she has extended the rid
of suft'rage to the few persons within her 1
at the adoption of her constitution. He I
inclined to go a good deal further into this sJ
ject j but as he was exceedingly an.xious ti
the decision should be made soon, he would if
extend his remarks any further. It &\>\m
to him that an amendment might vciy will
made to this bill, requiring that the a.'isentl
the people of Michigan shall Ik; given to f
change of boundary. He did hope that bvtj
bill all objections would be removed ; and i
this State, fo ready to rush into our arms, wni
not be repulsed, because of the absence of si
formalities, which, perhaps, were veryproi
but certainly not indispensable.

On the other point, that of a revoiutiODJ
movement, Mr. Buchanan answered :

ANNO 1836. AXI>UKW JArKSON, rP.KMDF.NT.

629

anil not limited as in iW ^ •
i)ian. He hud undcrsifKni f4'
ti of her constitution, ( )]m l„\
oviBion by law. Ho diil
lis was Bo or not ; t)Ul hit
J the Eu({li*h lun;:uitEv: (t/„,|
the white mule inhat>itarit
ape of twenty-one yiarv wn
at her elections. Well, wtm
in this matter ? lU wi^w
from her constitutinn. l>y wind
that only six months' pnv...,
quired to acquire tho ri':hi o|

constitution of lllini)i> i
broader and more liberal t .„
There, in all elections, nil v\a
s above tho ajie of twinty-o;
>sided in the State six nmwl,
election, shall enjoy the rijiii
[ow, sir, it had been made a
:e by settlers to go to lllin
other new States, where tin,
citizens before they could votel
ed to the senators from lllin'r
ras not now the case, and whviti
[ not now vote in that State an
residence.

nson said that such wa.s th' fici
were two constitutions of Stati
nn one of which was mo>t sti
:od to the admission of Miehiji
extended the ripht of sull'rast
le by either of them. Did Mici
in thus fixing the elective fra
intended that she did act ri»L
i not acted so, she would not la|
lencc to the spirit, if ^not the wi
ordinance of 1787. Michia
t ground, while the States of 01
ent back in making perpetual
ition what was contained in i
fvhen Congress admitted them
his principle, he thought it vi
\ any of their senators or rej
ideclare that Michigan should
because she has extended the ri|
> the few persons within her Im
ion of her constitution. He
\ a good deal further into this si
he was exceedingly an.xious tl
Should be made soon, he would'
femarks any further. It ai>i*a
in amendment miiiht very wid
bill, requiring that the a-ssent
,f Michigan shall he given to
undary. He did hope that by
■ions would be removed; and
I ready to rush into our arms, w
,ed because of the absence of f
which, "perhaps, were very pw|
not indispensable.

[her point, that of a revolulou
llr. Buclianan answered:

• I think their course is clearly justifiablp ; I
tat if there is any thing wnng or unusiu.! in
, ,, isto l)e attributed to the neglect of Con-
^jj. For three yenr-i, they liavc been rapping
l^voiir door, ond a-sking for the concent of (.'on 1
Js« to f>rm a constitution, and for .idmission
J,o the Union; but their petitions have not
tiifii hec<ic<l, and have been treated with neglect.
\„t Wing able to be admitted in the way they ]
Liu'ht, they have been forced to take their own ;
p^uJso. and stand upon their right.s— rights bc- j
rtnxi to them by the constitution and a solemn |
iririxaialile ordinance. They have taken the \
ip.„i,ij of the territory; they have formed a I
,(,jn titiition, elected their ofticers, ami the whole
Ljfhinery of a State government is ready to be
Lit in operation : they are only awaiting yotir \
Lftion. Having assumed this attitude, they now
IdenwiKl admis.sion as a matter of ri.srht: they
imaiid it as an act of justice at your liand.*.
\re thev now to be repelled, or to be told tliiit
tlKvmtis^t retrace their step.s, and come into the
n'lon in the way they at tirst sought to do, but
itimld not oijtain the sanction of Congress ? .sir,
I fi'ar the consequences of stich a decision ; 1
lireinble iit an act of such injustice."

The bill passed the Senate by rather a close
L,(f_twcnty-four to eighteen ; the latter being
Iill senators in the opposition. It then went to
lie House of Representatives for concurrence.
■Frora the time of the admission of new States,
It had been the practice to admit a free and
llare State together, or alternately, so as to
jteep up a numerical equilibrium between them
-a practice resulting frorr. some slight jealousy
liisting, from the beginning, between tho two
llisi«s of States. In 1820, when the Missouri
ptroversy inflamed that jealousy, the State of
[jssachusetts divided herself to furnish terri-
lorv for the formation of a new free State
IMame) to balance Missouri ; and the acts of
longress /or the admission of both, wore passed
Ucmporancously, JIarch, 1820. Now, in 1830,
■hen the slave question again wa.s much in-
jtmed, and a State of each kind to be admitted,
le proceedings for that puri)ose were kept as
iarly together as possible, not to include them
1 the some bill. The moment, then, that the
Michigan bill had passed the Senate, that of
Irkansas was taken up, under the lead of Mr.
[ochanan.to ivhom the Arkansas application had
Kneonfided, as that of Michigan had been to Mr.
uton. Tiiis latter senator alluded to this cir-
tmstanee to show that the people of these young
Utcs had no fear of trusting their rights and
litrcsts to the care of senators differing from
Itiiiselvi's on the slavery qnestion. lie said :

•'It was worthy of notice, that, rn tho pr^-
sciifafiiin of these two great qurvtimis fir the
.ndniis,«jon of two State.-, the jh'oj.I.- of tho-e
States were so f^li-htly atieeted by the exer-
tions that had been niaile to disturb ninl tileer-
ate the publie mind on the suliject of slavery,
as to put them in the hands of senators \\\n
might Ih' siip]M>seil to i-nlertaiii o|pinion.i on lliat
suitject ditU'relit from tln'se held l>y the .^tates
whose interest.* they were eharged with. TIi'h
the peojde of Arkansa.s had ])nt their ni)]ilieation
into the liands of a geiitleniait iniresenting a
non-slaveholding State; and the people of .Mich -
gan had put their application into the hands of
a senator (himself) coming from a State where
the institutions of slavery exi>ted ; all'ording a
most beautiful ilhistr.ition of the total inip'-
tence of all attempts to agitate and ulcerate the
public mind on the worn-out subject of slavery.
He would further take occasion to say. that th"
al'olition question seemed to have died out ;
there not liaving been a single prc-ontativni oC a
petition on that subject, since the general jail
delivery ordered by the Senate."'

Mr. Swift, of Vermont, could not vote for the
admission of Arkiuisa.s, because the constitution
of the State .sanctioned perpetual slavery ; and
said':

"That, although be felt every disposition to
vote for the admission of tiie new State into the
Union, yet there were operative reasons under
which he must vote against it. On looking at
the constitution subniitted by Arkansas, he found
that they had made the institution of slavery
perpetual ; and to this he could never give bis
assent. lie did not mean to oppose, the pa.s.saiie
' of the bill, but had merel ; ' i. I'n to explain the
; reasons why he couhl not v>i for it."

Jfr. Buchanan felt himsel;' bound by the Jlis-

i souvi compromise to vote^ for the admission, and

j pointed out the amelior.ating feature in the con-

I stitutionwhichguaia'.ieedtheright of jury trials

to slaves ; and said :

"That, on the subject of slavery, this constitu-
tion wa« more liberal than the constitution of
any of the slavehoMing States that had been ad-
mitted into the Union, It preserved the very
words of the otlicr constitutions, in regard to

\ slavery ; but there were other i>rovisions in it in
favor of the slaves, and among them a pro'--si(,u

' which secured to them the right of trial by

j jury; thus putting them, in that i)articular. on
an equal footing with the whites. He consider-
ed the compromise which had Ix'cn made, when

' Missouri was admitted into the I'nion, as havii g
settled the question as to slavery in the new
South Western States ; and the c<^inmittee, there-
fore, did not deem it right to interfere with the

[ question of slavery in ,\rkan.sas."

C30

THIRTY YEARS' YIEVT.

Air. Prentiss, of Ycrmont, oppMscd the mlinis- j
fioii, oil nrcount of tlif'" n-vulutionary " iimnnor i
in wliicli tin- Stato liad hi'ld her (.'oiivcntioii, with-
out tlie aiithiiri/.ution of a pn-'vious net of Con-
jrii'fis, and liirausu Imt cuiistitution had piveii
jieriii'timl sanction to slavi-ry ; and, riftTrin<: to
the reasons wliich induced him to vote ajrainst
the adniission of Michigan, said: 1

" That he must also vote n;rainst the admissicin
of Arkansas. He viewed the movements of
these two territories, wi(h rejrard to tlieir ad-
mission into the ( nion, as <leeidedly revolution-
ary, formin}; their constitution without the pre-
vious consciil of Congress, and importunately
knock inj; iit its doors for adniission. The oh-
Jections lie had to the admission of Arkansas
)>artietili'rly, were, that she hiid formed her con-
stitution without the previous assent of Con-
l^'rcss, and iii that eonstilutioii had made .slavery
peipetiial, aa noticed by his colleague. Ho re-
gretted that he was compelleu to vote against
this hill ; hut he could not, in the discharge of
)iis duty, do otherwise."

Jlr. Morri.s, of Oliio, spoke more fully on the
oLjectiouable point than other senators, justifying
the right of the people of a territoiy, when
amounting to 00,000 to meet and form their own
coi stitution — regretting the slavery clause in
the constitution of Arkansas, but refusing to
vote against lier on that account, as she tvas not
restrained by the ordinance of 1787, nor liad
entered into agreement agiiinst slavcrj'. lie
said:

" Before 1 record niv vote in favor of the passage
of tlie bill under consideration, f must ask the
indulgence of the Senate for a moment, while I
oiler a few of the reasons which govern me in
the vote I shall give. Being one of tlie repre-
sentatives of a free State, and believing slavery
to be wrong in principle, and mischievous in
practice, I wish to be clearly understood on the
subject, both here and liy those I have the honor
to represe'it. I have objections to the constitu-
tion of Arkansas, on the groui'J that slavery is
recognized in that constitution, and settled and
established as a fundamental principle in her
pjverament. I object to the existence of tiiis
l>rinciple forming a part of the orgjuiic law in
any State ; and I would vote against the atlmis-
sion of Arkansas, as a member of this Union,
if I believed 1 had the power to do so. The
wi-ong, in a moral sense, with which I view
slavery, would be sufficient for mo to do this,
(lid I not consider my political obligations, and
the duty, as a member of this bocly, I owe to
the constitution under which I now act, clearly
roquire of me the vote I shall give. 1 hold that
ttny jH)rtion of American citizens, who may re-
kide on a portion of the territory of the United \

States, whenever their numbers shall .imo'ii » ■
that which wo li ! entitle them to a n-tin..,.. '
tion in tlie Il(»use of Hepresentativts iMiv*
gress. have the right to provide for tlii'm., sl',
constitution and Stale government, .inil \.',]a
adinitti-d into the Lnion whenever ti,ev (^ha]| 'f
apply; and they ur'e not bound tow.iiti),. ^1

'••^^Itl

tion of Couiiress in the first instance
there is some eomiiact or agvecniciit nrinir
them to do so. 1 jiL-u^e this right iiji,!n
broad, and. I consider, indisputab.e groiim] t' t|
all jKirsons, living within the jurisdK;tion,,!'t''|
United States, are entitled to eipial iirivi:|..,fj
and it ought to be matter of high pratiii(.ii;,!J
to us here, that, in every jiortion. even tlici;,,,,
remote, of our country, our jieople iire ar,v
to obtain this high privilege r.t us early a (iiiv ;,
possible. 1 1 furnishes clear proof that tliu L ii l
is highly esteemed, and has its fomulation ,iJ
in the In arts of our fellow-citizens.

" By the constitution of the Tnited Siai,..
power is given to Congress to admit new S;j[,j
into the Union. Jt is in the diaiacttr hI i
State that any jwrtion of our citizens. inhawiiiJ
any part of the territory of the United >t;<'i3
must apply to be adinii'.ed into the i'nii);i;(
State government and constitution ii.usttiMlJ
formed. It is not necessary for the p()\ir(,
Congress, and I doubt whether Con;>iv-.s !
such power, to prescribe the mode by whioli i^
people shall form a State constitution; ami,';
this plain reason, that Congress would lo c
tirely incompetent to the exeroi.se of any cotn ii
power to cari'y into etl'ect the mode tlicy m:;l,
prescril)e. I cannot, therefore, vote apiaiiiit tlJ
admission of Arkansas into 1 ho Union, on ilJ
ground that there was no previous act of (.'J
gress to authori/e the holding of her convontiiij
As a member of Congress, 1 will not look Ik
yond the constitutioa that has been prc«t;it.<
I have no right to presume it was foriiieil Ijii
competent iiersons, or that it docs not fully cij
press tlie opinions and wishes of tlie iicopleo
that countiy. It is true that the Unitud Stiiia
shall guarintee to every State in the I'liionl
republican form of government : incaninfr, in mj
judgment, that Congress shall not permit ani
power to establish, in any Stale, a govcrnnieif
without the assent of the people of such ,^i,itc|
and it will not be amiss that we renicnilxr liirf
also, that that guaranty is to the State, and nJ
as to the formation of the govtrnnicnt by tl{
l)eople of the State ; but should it be adraiitJ
that Congress can look into the constitutioj
of a State, in order to ascertain its cliaractel
before such State is aJ.Mitted into the Uiiiol
yet I contend that Congress cannot ohject to |
for the want of a republican form, if it cumais
the great juinciple that all power is inhenn; i
the people, and that the government drew all ij
ju.«t powers from the governed.

'" The people of the teiritory of ArkiiM
having formed for themselves a State govcit
merit, having presente<l their constitution fJ
adnvissioa into the Union, and that constitute

AXXO 183(5. ANDREW JACKSON'. PRKSIDFAT.

631

tlii-ir numhors phall amoMi > •
! fiititlo them V> a rv\>rf^.-.
sc of Ucpri'st-ntntivis in (,,:.,
fiht to iifoviilc fi>rthfm'H!v,N>
Stnlc ^oviTiiiinMit, an'l ).,
;! L'nion wlu-iii'vcr l],vy fh^!; ^,]
ai'o not lioimil to wait tl,
< in ihe lirst iiisiaiire, ixr,.{|
oiin«ict or uv'ici'iiicMt rcqinr:',
1 \i\suc tliis ri;;lit (ipdn ti,]
isidiT, iii(lis;)«ta!i.e crouiid, t';;
p within the jiirisflictioti (■!' tl.,
re entitled to vi^wnl prni'i.,
he niiitter of hi^'h prutiiiiji>f1
in every ix)rtioi\. evon the i;i.
lonntry, our iK()])le iire anxi
ijrh privile<re i;t as cnvly a ii:,y
ninhes clear proof that thu liii,
lied, and has its foinulatiim ',it
' our (ellow-citizens.
islitution of the United State
to Confrr'.'Si^ to admit new S'.ji,
1, It is in the chaiaoter nf
[wrtion of our citizens, inb'w.ia,
u territory of the United Ms'ii
be admit ed into the Uninn;
.■nt and constitution ii.ustliwl
not necessary for the p(]\ tri,
I douht whether t'i>n;iiv-s 1,.
prescribe the mode hy whiclitli
mi a State constitution ; ami,
son, that Conpres? would h
Lent to the cxerci.se of any coer
into ctt'ect the mode they mij
annot, therefore, vote a^iainst tl
rkansas into the Union, on'
re was no previous act ot (,'
../e tlic holding of htrconvomM
of Congress, 1 will not look 1
,itutioal;h:it has been prc«m
to presume it was formed Ij.v
.ions, or that it docs not t'lilht
ions and wishes of the peojilo a
It is true that the United Stw
e to every State in the Union
n of government : meaninjr. iii w
; Congress shall not permit anj
jlish, iu any Stite, a goveniiiitij
sent of the people of such State:
be amiss that we rcnicnikr \n'
guaranty is to the State, and m
ation of the government by tl
tate ; but should it be adraitt.
can look into the constitute
order to ascertain its cluii^cK
aite is ad:-'itted into tlieliiioi
bat Congress cannot object to
[■ a republican form, if it omtai!]
•iple that all power is inherai*. i
that the government drew all il
in the governed.
' of the teiritory of Arkan:
for themselves a State govti
presentc<l their constihitioii H
the Union, and that constilui;

, .jj., re|iul)licnn in its fumi, and believing t'mt
,'., Miidc who prepared and t^ent this constitu-
lion lii'"^' '*''^' '^"tticientiy numerous to entitle
Lm to a ri'prese.Uativc in Congress, and l.v-
.11,1? a)."!*, tliat Congress liaa no ri'rht or imwfi
" I ."ulate the systeni of police lliese jK'ople
vj„. e.-ta'ilishwl for themselves, and the or-
liiiniiicc of I"'*' '"'* operating on them, nor
.J,, they entere.l into any agreement with thv
'niied l^tates tnat slavery should not be admit-
,J ill their State, have tlie i ight to choose this
,, f,r tlieniselvcs, though I ri'gret that they
Inijiie this choice. Yet, believing that this gov-
Uj^niint has no right to interfere with tlie ques-
tion "f slavery in any of the States, or prescriiie ,
Ubia slwll or ahall not be considered property
Lj the ditl'erent States, or by what tenure pro-
Lrtv <'t' a"y kind shall be holden, Imt that all
|ibe.,eare exclusively questions of State jjolicy,
llcaniU't, as a member of this bod}', refuse my
Itoli' to admit this State into the Union, because
,„,■ constitution recognizes the right and exist-
llireuf slavery."

}[r. Alexander Porter, of Louisiana, would
Ivot".' against the admission, on account of the
►revolutionary" proceedings of the people in
Ithc formation of their constitution, without a
Irevious act of Congress. It is believed that
\Ir. Clay voted upon the same ground. There
Iwere but six votes against the admission ; name-
By : Mr. Clay, Mr. Knight of Rhode Island, Mr.
Iportcr, Mr Prentiss, Mr. Eobbins of Rhode
[Islanil, and Mr. Swift. It is believed that Mr.
fclobbins and Mr. Knight voted on the same
round with Mr. Clay and Mr. Porter. So, the
ill was easily passed, and the two bills went
iofitlier to the House of Representatives, where
Ihev gave ris;e to proceedings, the interest of
tLich still survives, and a knowledge of which,
Ihcrefore, becomes necessary. The two bills
tere made the special order for the same day,
Mncsday, the 8th of June, Congress being to
Lijoum on the 4th of July ; and the Jlichigan
having priority on the calendar, as it had
bt passed the Senate. Mr. Wise, of Virginia,
n the announcement of the Michigan bill, from
( chair, as the business before the House,
lOTed to postpone its consideration until the
isuing Monday, in ordei to proceed with the
Irkansas bill. Mr. Thomas, of Maryland, ob-
Ktcd to the motion, and said :

'He would call the attention of the House to
1 position of the two bills on the Speaker'"
le, and endeavor to show that this postpone-
nt is entirely unnecessary. These bills are
I the Senate. By the rules of thia House,

two. I may my three, quc.^ticins will arise, to
U' decided licforc they can 1" cnini" a law, so far
as this Ildiis,. is riincniid. \\\. must |ir-t
order each of tlicM' bills to In- read a '.hirl fitiu'-,
the i-.o.vt i|Uistioii .hill will be, when ^hall the
bill lie rv.i'lathird time .? An<l the last .jiiistiiii
tobed.Tide<l will be, sluill the bill pjt-.s .' Why,
then, should Sdutheni men now in.ik' .ineflort to
give precedence to tlie bill for the udmis.-ion <d"
Arkan.sis into the Union ? If tin y manifest <li.-
trusf,musf wcnot expect that fni.'s will lieeiitiT-
tainod by Northern mcmlicrs, that •I'livasoiiablc
opposition will bonuide to tti.'adini.-.iMii of .Michi-
gan ? Let us jifocced harmoniously, until we
llnd that our harmony must le intcrruj'fcd.
We shall lose nothing by so d(.iiig. If a iiia-
.jority of thf House be in favor of ri'adiiig a
third titiic the .Michigan bill, they will order it.
to be done. After tl. ;t vote litis 'been taken, we
can refuse to read the bill a third time, go into
Committee of the Whole on the state of the
Union, then consider t..c Arkan.sas bill, rciwirt it
to the House, order it to be read a third time, and
in this onlir proceed to read them each a third
time, ifa majority of the House be in favor of that
proceeding. Let it not be said that Southeiii
men may be taken by suri)rise, if the procceiliuL'
here respcctfidly recommended be a<loptcd. If
the friends of Arkansas arc stiflicieiitly numer-
ous to carry now tie motion to jiostponc, they
can arrest at any time the action of the House
on the Michigan bill until clear undiibitalile in-
dications have been given that the .Niis.^oiiri
compiomise :s not to bo disregarded."

These latter worils of Mr. Thomtis rovea'cil
the point of jealousy between some Southern
and Northern member.s, and brought the observ-
ance of the Missouri compromise fully into view,
as a question to be tried. Mr. "Wise, after seme
remarks, modified his motion by moving to re-
fer both bills to the Committee of the Wh le
on the state of the Union, wi»,h instructions to
incorporate the two bills in o one bill. Mr.
Patton, of Virginia, opposed tlio latter motion,
and giive his reasons at length against it. If his
colleague would so modify his motion as to move
to refer both bills to the Committee of the
Whole House, without the instructions, he
would vote for it. Mr. Bouldin, of Virginia,
successor to Mr, Randolph, said :

" He agreed with his colleague [Mr. Patton] in
a fact too plain for any to overlook, tliat both
bills must be acted on sepai-ately, and that oii«
must have the preference iu point of time,
Michigan had it at that time — he was willing it
should hold it. His colleague [Mr. PattonJ
seemed to think that in the incipient steps 'ii r»?-
lation to this bill, it would be well enougrh 1o
suCer Michigan to hold her prcseut position;

1 ,

C32

THIUTV YEAltS' VIEW.

but tlmt, Iwf'iro the finnl pw'sape of the bill, it
woiiM ho well to i('<|iii(-(! of tlu; IFoiiw (or nitlier
of tliL' iion-hl.ivt'lioldini; fK)rtion of thi- I'liioii) to
ffive nr)iii<' uiu'i|iiivo4:nl piariinty to the South
tliat no ililljculty would In; raiseil ns to the rc-
ci'ption of Arkansas in ri'^ac'l to nc}:ro slavery.
Mr. H. was wilHuf? to po on with llie hill for the
««lTnist<ion of Micliipan. lie hail the nioiit im-
plicit conliilenci! in the House, jtarticuiarly nl-
iudinir to the non-slavelioldinp jiart of tht Union,
that no serious difliculty would he made as to
tiie admission of Arkansas in regard lo ncpro
slavery. If there were any serious difliculties
to he niisod in the House to the admission of
Arkansas, upon the pround of nepro slavery, he
wished immediate notice of it. If his confidence
was misplaced, hi! wished to be corrected as soon
and as certainly as possible. If there really was
any intention in the House of putting the South
ii;;der any difliculty, restraint, limit, any shackle
or embarrassment on the South on ircount of
negro slavery (some pcntlomcn said slaver^'-, but
)ie said negro slavery), he wished to know it.
If there were any individuals having such feeling,
ho wished to know them ; he wished to hear
their names upon yeas and nays. If there were
a majority, he should act promptly, decisively,
immediately upon it, and had no doubt all the
■nth would do the same. There might be
some question as to the claim of non-slavehold-
ing Slates to stop the progress of Southern
hahits and Southern influence Northward. As
to Arkansas, there could be no question ; and if
seriously pressed, such claims could leave no
doubt on the minds of the South as to the object
of thoh^e who pressed them, or the course to be
pursued b^' them. Such a stand being taken by
tiie non-slavcholding States, it would make little
dillerence whether Michigan Avas in or out of
this Union. He said he would sit down, again
assuring the House, and the gentlemen particu-
larly from the non-slaveholding States, of his
entire confidence that no such thing would be
seriously attempted by any considerable num-
bers of this House '

Mr. Lewis, of ifortli Carolina, took decided
ground in favor of giving the Arkansas bill the
l>riority of decision ; and expressed himself thus :

" He should vote for the proposition of the
gentleman from ^'irginia |^Mr. Wise] to lay the
bill for the admission of Michigan into the Union
on the table, until the bill for the admission of
Arkansas should be first passed. He should do
this, for the obvious reason that there were
dangers, ho would not say how great, which
beset Arkansas, and which did not beset Michi-
gan. The question of slavery could be moved
as a condition for the admission of Arkansas, and
it could not as a condition to the admission of
Michigan. I look upon the Arkansas question
as therefore the weaker of the two, and for that
reason I would give it precedence. Besides, upon
khe del' Jate question which may be inv olved in

the wlmission of Arkanonn, wc may ho tho n-f '
party in this House. For that reason, if c.r*'
men mean to olfer no ohstnictions to tlic adtn *. *"
of Arkansas, kt them give the ossur.uKxijvf^
inp the weaker party through with iho n,.!|{''
question. We of the South cannot, niwi will n,
as I pledpo myself, offer any objectiiins (q ,■
flomestic institutions of Mirhipan with r(t»
to silvery. Can any gentleman rnaku tL
same pledpe tlmt no such propositidn i-lmH^.
from the Is'orth? Besides, the two hills ;„y.''*.
now on an equal footinp. The hill fortluji.
mission of Arkansas must bo sent to a (.'(iji,,,,;'
tec of tho Whole on the state of the liiiDii. '\\1
bil. for tho admission of Michigan iitcd not nJ
cessarily go to that committee. It will tlHNfon
pass in perfect safety, while we shall U. Kft ,j
get Arkansas along, through the tedious st.iJ
of commitment, as well as we can. Thcfintjl
man from Pennsylvania [Mr. Sutherlanif] s,,!
that these two bills will bo hostapcs [„r tjJ
safety of each --Ukt. Not, sir, if you ^ix^i tJij
stronger bill in advance of the weaker. liesjiU
the North want no hostages on this fiii,j„.J
Their institutions cannot l-e attackiil. ^Vc rl
the South want a hostage, to protect us onT
delicate question ; and the effect of piviii;; i ^
cedence to the ilichigrui bill is to deprive us 1
that hostage."

Mr. Gushing, of Massachusetts, addressed thi
committee at length on the subject, of nhieij
only the leading passages can be given. He saidj

" The House has now continued in session [li
the space of eighteen or nineteen hours, witjioul
any interval of refreshment or rest. It is inmoa
sible to mistake the intentions of the rulin" m
jority. I see clearly that the conimitteelsr
solved to sit out the debate on these impc -tanl
bills for the admission'of Michigan and Aikansi,
into the Union. This, it is apparent, the mj]
jority have the power as well as the ri>rlit to dl
Whether it be just and reasonable, is anothel
question. I shall not quarrel, liowever, witl
the avowed will of the House. It has iloiieii
the favor to hear me with patience on other o.
casions ; and I cannot render it the unfit retun
of trespassing on its indulgence at this unsea^oii
able hour, nor seek to defeat its jiurposes bj|
speaking against time. But having been charj
ed with sundry memorials from citizens i
M, sachusetts and New Hampshire, remonstratj
ing against that clause in the constiliuion
Arkansas which relates to the subject of slaven
I shotdd be recreant to the trust they have i
posed in mo, if I suflFered the bill for the adr
sion of Arkansas to pass without a word of pre
testation. The extraordinary circiimstar.cs
under which I rise to atMress the committed
impel me to brevity and succinctness; but thej
would aflbrd me no justification for a p,vsii
acquiescence in the admission of Arkan«a,<; ini
the Union, with all the sins of its constitiiia)^
upon its bead.

AN'N'O 1836. ANDREW JACKSON'. I'UIOSIDKNT.

G33

IrkansnR, wc may Ir tlic «,,v,J
ISO. For that rt-a.-on, if <., ^i ,
no obstnictions to the mli,,;.,
ihcni pivc the ohsumik o u |„ .j
>arty tlirouph with tljc wimI^!,
' the South cannot, ihhI \\,\\ „ ,,
L'lf, offer any ohjeotiom, („ ,•
tions of Mirhifian with ri-;,j
n any (gentleman tnaku tu

no such propohitidi) j-liall ooJ
' Besides, the two l/ills me ii,h

footinfr. The hill fortl
isas must be sent to a Comii,'

on the state of t)ie Inion. jU
ssion of Michigan need nut ^
lat committee. 1 1 will tin n f,jr(
afcty, while we shall U' Kft \4
»ng, through the tedious stapj
as well a.s we can. The p ntlc^
sylvania [Mr. Sutherlati'l] fx:i

bilU will be hostages f.jr tin
tluT. Not, sir, if you )i!i.-3 th^
id vance of the weaker. IksiiltJ
t no hostages on this fnlijid
18 cannot l>e attacked. ^Ve oj
; a hostage, lo protect us on if
n ; and the cH'ect of piviuj: ^i^
klichigai! bill is to deijrive u, i|

of Mupsachusctts, addres.ecd th(
ength on the subject, of whid
; passages can be given. lie saiij|

has now continued in session f'lj
iteen or nineteen hours, withoul
•efreshment or rest. It is impoaJ
the intentions of the rulinj! i
:lcarly that the coiamittce is r
the debate on those impc 'tani
ion' of Michigan and Aikans*
This, it is apparent, the md
power as well as the rislit to doi
just and reasonable, is anothel
all not quarrel, however, vriti
of the House. It has ijoiic i
ir me with patience on other «
:annot render it the unfit retun
its indulgence at this unseasoui
seek to defeat its purposes I
time. But having been charj
_^ memorials from citizens i
nd New Hampshire, renionstratj
clause in the constitution
relates to the subject of slavcrj|
■eant to the trust they have i
suffered the bill for the admia
s to pa.ss without a word of pre
extraordinary circurastaM
rise to at' dress the eominittd
vity and succinctness ; hut thej
110 justification for a pi<siJ
the admission of Arkansas i
all the sins of its couslitmd

.jjj^fon'tittition of Arknnww, m communi-

■ {^('(inpn-ss in the niemorial of tin- people

(ih>t Territory, praying to b(! admitted into

, [„ii,n. ff-ntnins the fidlowing clause : ' The

Pnfnl As-enibly phall havo no power to pags

Ij'fi r 'hi' emancipation of slaves withr)Ut tlic

-...nt of the owners. They Khali have no

L^er ti) prevent emigrants to this State from

rn'ini with them such persons a>< are diM-nied

i^5^ liv the laws of any one of the United

Ittti^.' T''"* provisiim of the constitution of

Vrkan-H'* is condemned by those whom I re-

;,,nt on this occr.sion as anti-republican, as

^„j on general principles of civil polity, and

• oi.iust to the inhabitants of the iion-slave-

Ldinir States. They object to it as being, in

let, a provision to render slavery perpetual in

, new State of Arkansas. I concur in repro-

tlinij such a clau.se. The legislature of Ar-

jiasis forbidden to emancipate the slaves with-

Usj iri.sdiction, even though it should be ready

Lnlcmnify fully their owners. It is forbidden

[escliiile slaves from being imported into the

Ute, I cannot, by any vote of mine, ratify or

union a constitution of government which

niertakcs in this way to foreclose in advance

eprojrress of civilization and of liberty forever.

loiJiT to do justice to the unchangeable opin-

! of the North, without, in any respect, in-

jlin'thc rights, real or supposed, of the South,

ycolieagiie [Mr. Adams], the vigilant ej-e of

[hose unsleeping mind there is nothing which

spes, hiui moved an amendment of the bill for

(ailmission of Arkansas into the Union, so

lit if the amendment be adopted, the bill would

I as follows : ' The State of Arkansas is ad-

iited into the Union upon the express condition

It the people of the said State shall never inter-

(witli the primary disposal of the public lands

lin the said State, nor shall they levy a tax

liny of the lands of the Unitftd States witliin

jfsiid State ; and nothing in this act shall be

fctnicd as an assent by Congress [to the arti-

Jin the constitution of the said State relating

Islavoryand to the emancipation of the slaves,

Itoallortoanyof the propositions contained in

Joriiiiiance of the said convention of the people

(.Irkansas, nor to deprive the said State of

aaMis of the same grants, subject to the same

krictions, which wore made to the State of

Koiiri.' This amendment is, according to my

Bpiieut, reasonable and proper in itself, and

rory least that any member from the North

^propose in vindication of the opinions and

ciples of himself and his constituents.

fit is opposed, however, by the gentleman

iViririnia [Jlr, Wise], with his accustomed

r and ability. He alleges considerations

kerse to the motion. He interrogates the

jal^of the proposed amendment in regard to

[force, effect, and purposes, in terms which

1 tfl challenge response ; or which, at any

ufnot distinctly and promptly met, would

e the ohjections which those interrogatories

felly convey, to be taken as confessed and

! admitted by niir signiflcnnt cilini-r. What ninv
' Ix' tbo opiiiiiin* of Mmtin Van lliiivn ai to this
particular bill, wli.it lii.H coiKliict f-iiii. -ly in rc-
fcrt'iirr to a similar case, is a pcdiit c .nifininu'
which r can have no cnntKiviT^y with the irt'ti-
' tlcnian from Virtriuia. I look only to the incriis
' of tlio fpisetion txTore the conimiiirc. Tlici-!- is
' involved in it a principle wbidi I n;.':ird iis ini-
j measurably more important than the opinion
of any indivirlual in this nation, liowt ver high
his present situation or bis possible dc^tiiiv —
the great principle of constitution;!] I'lciiloin.
The gentleman from Virginia, who. | ch»"ifiillv
admit, is always frank iiiid lionniablc in bis
course upon this floor, has just diihurd that,
as a Southern man. he had felt it to lie his diitv
to come forwaiil iiiid take a stand in liclialt' of
an institution of the South. TImt institution
is slavery. In like manner, I feci it to b{> my
duty, as a Northern man, to take u cuinter
stand in conservation of one among the deurest
of the institutions of the North. This institu-
tion is liberty. It is not to assail slavery, but
to defend liberty, that I speak. It is demandeil
of us. Do you seek to impose restiictions on
Arkansas, in violation of the compromise under
which Missouri entered the Union ? I might
content myself with replying that tiie Sfato of
Massachusetts was not a party to that compro-
mise. She never directly or indirectly a.-sented
to it. Most of her Representatives iii Congress
voted against it. Those of her Repre-cntativcs
who, regarding that compromise in the light of
an act of conciliation important to the geni'ral
interests of the Union, voted for it. Mere disa-
vowed and denounced at home, and were stig-
matized even here, by a Southern im iiiljcr. as
over-compliant towards the exactiiigiiess of the
South. On the first introduction of this sub-
jcct to the notice of the House, the gentleman
from Virginia made a declaration, whitdi I par-
ticularly noticed at the time, for the jmrposo
of having the tenor of the declaration distinctly
understood by the House and by the country.
The gentleman gave it to be known that, "if
members from the North held themselves not
engaged by the temis of the comi)roinise under
which Missouri entered into the Union, neither
would members from the South hold themselves
engaged thereby ; and that, if wo sought to im-
pose restrictions affecting sliivc jnoperty on the
one hand, they might be impelled, on the other
hand, to introduce slavery into the lieurt of tho
North. I heard the suggestion with the feel-
ings natural to one born and bred in a, Innd of
equality and freedom. I took occasion to pro-
test, in the surprised impulse of the moment,
against the idea of putting restrictions on liberty
in one quarter of the Union, in retaliation of the
attempt to limit the spread of slavery in an-
other quarter. I held up to view the incon-
sistency and Ineon.sequence of uttering the
warmest eulogiums on freedom one day, of
pouring out aspirations that the spirit of liberty
might pervade the universe, and at another

C34

TIIIUTY YEAIW VIKW.

(iiric tlircatcniii(r tlic North with the estnltlish-
iiiciit ofSliivfrv within its liordurs, if a Nortlicrn
inc'inhi'i-.shdiilil dcprcciito the U'Riil perpetuation
of .sldvi'Py ill ft pnipD-ed new Slate of the West.
It iliil not fall within the riik-H of pertinent
di'liiile to [lur.siie tlic fiuhject at tJiat lime; and
I hiive hut a siii^de idea to present now. in ad-
dition to wlijit I tlien ohserved. It is not pos-
siljle for nic to jndjre whetlier tlie gentleman
from Virginia, and any of his friends or fellow-
eilizi'iis at the South, deliijerately and Hoherly
c'lierisli tlie extraordinary purjioso wliich liis
lanfjna,'.'e implied. I tru.st it was Init a hasly
thoujrht. struck out in the ardor of tlehale. To
iiitnxhice slavery into the lieart of the North?
Vain idea ! Invasion, pestilence, fivil war, may
C()ns])ire to exterminate the ei^ht millions of
free spirits who now dwell tliere. 'J'his, in the
Ion;? lapse of ages incalculahle, is possible to
ha})ipen. ^'on may raze to the i'arth the
thronged cities, the industrious village.s, the
peaceful liamlels of the North. You may hiy
waste its fertile valleys and verdant hill-side?.
You may i)laut its very soil with salt, and con-
sig;n it to everlasting desolation. You may
transform its beautiful fields into a desert as
bare as the blank face of the sands of Sahara.
You may reach the realiy/vlion of the infernal
boast with which Attila the Hun marched his
liarbaric ho.-ts into Italy, demolishing whatever
there is of civilization or prosperity in the
happy dwellings of the North, and reducing
their very substance to powder, so that a squad-
ron of cavalry shall gallop over the site of popu-
lous cities, unimpeded as the wild steeds on the
savanniis of the AVest. All this you may do:
it is within the bounds of physical possibility,
liiit I solemnly assure every geiUleman within
the sound of my voice, I proclaim to the country
and to the world, that, until all this be fully
accomplished to the uttermost extremity of the
letter, you cannot, you shall not, introduce
slavery into the heart of the North."

A point of order being raised whether the two
bills were not required by a rule of the House
to go before the Committee of the Whole,
the Speaker, Jlr. Polk, decided in the affirma-
tive — the Arkansas bill, upon the ground of
containing an appropriation for the salary of
judges ; and tliat of Michigan because it provided
for judges, which involved a necessity for an
appropriation. The two bills then wtnt into
Committee of the AVhole, Mr. Speight, of North
Carolina, in the chair. 3Iany members spoke,
and much of the speaking related to the boun-
daries of Jlichigan, and especially the line be-
tween herself and the State of Ohio — to which
no surviving interest attaches. The debate,
therefore, will only be pursued as it presents
points of present and future interest. These

may Imj axsumed under thrre h(ar)«- i -1
fonnation of constitutions without tlio hrt ;
assent of Congress; and tliis was nphjici 1
both States. 2. The right of aliins t„ v,,,,, J
foro naturalization. 3. The ri^rht of.\r' j
to bo admitted with slavery by viitm. ,i 1
rights of a State,— by virtue of tlu' third ar-j
of the treaty wliich ceded I.ouisiaiia t„ ,,
United States — and by virtue of the y\ <.
compromise. On tlicse points, Mr. Hm,,,,
Ohio, spoko thus :

" One of the principal objections ur'^'cd a^jj
their admission at this time is, tliat^tlnir
ceedings have been lawless and ruvolutidna
and that, for the example's sake, if for n,, , ,ij
reason, wo i^hould reject their apiiljcatiiin j
force them to go back and do all their
over again. I cannot assent to this propositi
Two ways arc open to every territory that i
sires to emerge from its (lependunt con.Jii^
and become a State. It may either petition c3
gross for leave to form a State constituiirtn d
when that pennission is given, jiroewil h{\
it, and present the new State constitution]
our approbation ; or they may meet, ir. lhc{
ins taa^Cj form the constitution, ami ofiir it i
our approvol. There is no impropriety in till
mode. It is optional with Congress, at lajt,]
admit the State or not, as may bo thonj;litejf
dient. If they wish to admit h<r. tlieycanl
it by two acts of Congress ; one to autlioJ
the formation of a constitution, and tiie A
to approve of it when made ; or by one act]
lowing the prayer of the petitioners to kco
a State, and approving of their constitution!
the same time. This latter course is the (
adopted in the present case. There is nutl^
disrespectful in it. Indeed, there is miichl
justify the Territory in its procecdinp, y|
after ycor they petitioned for leave to ft
constitution, and it was refused, or their api
cation was treated with neglect. Wcariid v
repeated instances of this treatment, thev I
formed a constitution, brought it to us. i
asked us to sanction it, and admit them into j
Union. We have the authority to do liiis; j
if their constitution is i-epublican, we oiijlii
do it. There is no weight in this objcctioaj
I will dismiss it without further remark,
other objection is, that aliens have aided inn
ing this constitution, and are allowed the r
of suffrage in all elections by the provisio^
contains. As to the lirst point, it is su
to say that all the new States northwest ofl
Ohio formed their constitutions precisely inl
same way. The ordinance of 1787 docs not!
quire sixty thousand citizens of the X^
States to be resident within the limits of ai
State, in order to authorize a constitution!
admission into the Union. It requires |
number of ' free inhabitants ;' and the i
who resides there, if he be a • free iniialitJ

ANNO isar.. ANDREW JACKsoN. nu:sir)KNT.

(;:j.>

lmI iimliT UiFoo \\vvh: 1, j
nstiliitions without iho prcv.,,,
rcss: anil thw \va.s ajiiilicuVi. |
J. The I'iglit <if ttlkii> tc \..\,.\
tion, 3. The rijrht of Adanj
il with slavery by virtue of i
tc, — Ijy virtue of llu' third arti,
which ceded I^uisiana t, i
—and by virtue of the Mii^
On thcHC points, Mr. llani(r|
lus:

1 principal ohjcctions urjKdnni,
)n at this thnc is, that tlioir j,
been lawless and revcilutionai
Lhe example's sake, if for no ,i
lould reject their apjdication, i
) po back and do all tliiir w
[ cannot assent to this propo^it
D open to every territory that ,
rjie from its depcndi'nt conJiii
State, it may either petition C
e to form a State constitulion.i
crmission is piven, proceed to (:
nt the new State constitution
ion ; or they may mcet.ir, Ik
n the constitution, and ofilr it
. There is no impropriety in cit
optional with Congress, at last,
ate or not, a.s may be thoujihtt .
ey wish to admit In r, they can
;ts of Conjrress ; one to autlioi
of a constitution, and tlic oti
. it when made ; or by one act,]
irayer of the petitioners to btcol
approving of their constitution!
ne. This latter course is tiie f
the present case. There is nuttL
I in it. Indeed, there is mucJii
Territory in its proceeding, Y|
:hey petitioned for leave to foi
and it was refused, or their afl
Tcatcd with neglect. 'Wcariid \
stances of this treatment, they 1
onstitution, brought it to us,
sanction it, and admit them mtol
have the authority to do lliis;f
titution is republican, wc oiiflit
re is no weight in this objcctionj
ss it without further remark,
.ion is, that aliens have aided inn
stitntion, and are allowed ther
in all elections by the provifioJ
\.s to the lirst point, it is t^wM
all the new States northwest ofl
i their constitutions precisely inl
The ordinance of 1787 docs not!
thousand citizens of the Tr
resident within the hmitsofal
dcr to authorize a constitution!
nto the TJnion. It requireif
'free inhabitants;' and the
there, ii' ho be a " free inhabit^

ijlleij to vote in the cleotion of delecrstcfl
'.1,,. ,t,iniiili'in; and nlterwanU in (licidin);
Vthir the jMOple will ai-ccpt the coiistitiiiion
lri'"l ''X *'"^'''" convention. .Siieli Im.t \mi\
L," n^tnii'tion and practice in all the country
j/itiiif thi' "hio ; and as tlic Inst conmis slio«s
[y tliire are but u lew hundreds of uliens in
liicvi.'nn. it would Ije hard to set a-^ide their
;'iiiitiiin, liecause some of the.>*e tuiiy have
tuiliatitl in its fonnation. It wouM lie un-
; 10 <lo K". 'f ^v® '"**^ ^'"'* power ; but we have
, authority to do it; for if wo ri'pjrd the or-
^100 M of any validity, it allows all ' five in-
k;,itant.>' to vote in franiiiip; the Stater t:ov('rn-
.jlj which are to Ikj created within lln- sphere
^iijiiilhieiice. Wo will now turn to the re-
linin;; \^i"^ '" ^'''*' objection, and we shall see
at it lias no more force in it than the other,
.jliuouiii'titutioii allows all white male citizens
|,(ri«inty-one years of ago, having resided six
^Pilis ill' Michigan, to vote at all elections;
Ljtnn' wiiite male inhabitant residing in the
UJiattiie time of signing the constitution is
loiftil the same privilege. 'J'hose provisions
iJoubtedly confer on aliens the right of suf-
n; and it is contended that they are In viola-
Jof llie constituticm of the United States.
jjtiii'tniinent declares that 'now States may
fadroittKl by the Congress into this Union";'
the l.'nited States shall guarantee to every
Ete ill tliis Union a republican form of govern-
Bit;' and that ' tho citizens of each State
1 be entitled to all privileges and immunities
Iriii/eiis in tho several States.' The ordinance
lllb I provides that the constitution to be form-
iDortlmest of the Ohio 'shall be republican.'
rji is an error not very uncommon to suppose
J the ri;;ht of sufl'rage is inseparably connect-
Jffith the privilege of citizenship. A slight
[estipition of tho subject will prove that this
lot bo. The privileges are totally distinct.
ttate cannot make an American citizen who,
^er the constitution of tho United States
be entitled to tho rights of citizenship
^uphout the Union. The power belongs to
I federal government. Wo pass all tho na-
ilization laws, by which aliens are trans-
med into citizens. We do so under tho con-
ation of the United States, conceding to us
f authority. But, on the other hand, we have
jjntrol over the right of suflrage in tho dif-
kut States. That belongs exclusively to
|te lejrislation and State authority. It varies
post all the States ; and yet who ever aup-
] that Congress could interfere to change
jniles adopted by the people in regard to it ?
lone, I presume. Why then attempt to con-
^ it here? Other States have adopted the
provisions. Look at the constitutions
phio and other new States, and you will find
Itiiey require residence only, and not citi-
Ihip. to enable a man to vote. Each State
Iconfer tliis right upon all persons within
tiniits. It gives them no rights beyond the
>of the State. It cannot make them citi-

zcns. for that would violtit*. i!„. nulundiznth-n
laws; or.ritlur. it uculd r.n.hr thiiii iiiii.'iit..ry
It caiintit jrivf thiiii a iil'Ii( to M.tr in niiv "lln'f
StuU: lor tliat w.mld inliiup. ii|><>ii tlic "aulb'U-
ity of mkIi .^t.itf to u_"il ite its .nvii iitl.iiis.
It hiniply coiiiVrs (}„. ,,,- ,, „f „i,|i„,. j,, d,,.
choiee olpul.lieotllcrs wlni-t lli.Miltii rcniuin-i
in the Slate; it thus iii.t make him a iiti/,< ii ;
nor is it of tlif slight. i«t adMinlage to him l»e-
yond the boundaries of .Michi-iui."'

I Mr. Jlamcr concluded his remarks with a
; feeling allusion to tho distractions which ha<l

prevailed during the Missouri eoiitroyii^y. aeon-
I gravulivtiuii upon their disapiiearaiirc imder tho
i JlisHoiu'iconiiu'onii-ie, andan eiiriu- ■ cxboitutiun
I to harmony and the prexrvntion of'<:oo(i . uling
j in tl;;e speedy udminsioii <if the two .States; and

said:

'•We can put an cud to a most distracting
contest, that has agitated our country from
Maine to (iecu'gia, and from the Allanlii; to tlm
most remote settlement upon the (Vonlier. There
was a time when the most jiainful anxiety per-
vaded the whole nation ; and whilst each one
waited with feverish impatience fir further in-
telligence from th(! disjiuted territory, he trem-
bled lest the ensuing mail should bear the dis-
astrous tidings of a civil strife in which brotiier
had fallen by the hand of brother, and the soil
of freedom had been stained by the bh od of
her own sons. Itut the storm has passed. The
usual good fortune of the Aineiicaii peo[ile ha.s
prevailed. The land heaves in view, and a
haven, with its wide-spread arms, invites us to
enter. After so long an exposure to the fury of
a tempest that was apparently gathering in our
political horizon, let us seize the lirst ojiportii-
nity to steer the ship into a safe harbor, far be-
yond the reach of that elemental war tiiat
threatened licr security in the open sea. I.l! us
pass this bill. It does justice to all. It conciii-
ates all. Its ])rovisions will carry jieace and
harmony to those who are now agitate<l by
strife, and disquieted by tiiniults iind disorder.^.
By this just, humane, and beneficent policy, wo
shall consolidate our liberties, and make tlii.s
governtnent what Mr. .lelterson. more than thirty
years ago, declared it to be, ' the strongest gov-
ernment on earth; tb. only one where every
man, at the call of (he law, will lly to the stand-
ard of the law, iuul meet invasions of the public
order as his own personal concern.' With this
policy on the part of the government, and tho
spirit of patriotism that now animates our citi-
zens in full vigor, united America may bid de-
fiance to a world in arms ; and should Provi-
dence continue to siuile upon our country, wo
may contidently anticipate that the freedom,
the happiness, and the prosperity, which we now
enjoy, will be as jierpetnai as tiie lofty moun-
tains that crown our continent, or the nobia
rivers that tcrtiliie our plains."

C3G

TIIIUTY VKAUS* VII.W.

>fr. ,A<lnni'<r<imincn(i'<1 .-» sjM'«!ch in Commlttoe
of ilio \Vh'>l<', which \\m lliii-hi-*! in (lie IIouw,
(ini| \K\n<^ |ir«'i»an<l for i)iihlicnti<»n I'V himself,
iiii'l thiTtfiin- fnt' froiii ci r, is htrc jriv.-n — nil
tiif iimiii I irNof it — lo >ii-i.v his n-al puvition
on tlic uluviTy question, so niinh inisumkTstiKxl
«t till" tiiiiL- on iici'iiuiit of his fcimciouR adluT-
•iK'c to th(.' riftht of {it'tition. lie tiiilil :

"I rnnnot, ronsistonlly with my hciiso of my
olili-riitiitiiH us ft citizen of tho t riitcd Stntcs,
(iiid hound hy oiith to su|)|)ort their constitution,
1 cannot ohject to tlm udinission of Arkansas
info the Cnion as a slave State; I cannot pn)-
)iose or ajiree to nmkc it n condition of lier ad-
mission, that a conv<'nlion of her |)ooplo shall
expinifre this nrticli) from her constitution. She
is entitled to admission as a slave State, as Lou-
isiana atid iMis~issi|ipi, and Alal)aiiift, and Mis-
eouri, havo been admitted, liy virtue of that
article in the treaty for the aciiuisition of Louis-
iana, whicii secvires to the inhabitants of the
ceded territories all the rijihtH, privi'. xes, ami
Imnumities, of the ori^.nnal citizens of tiie United
States; anil stipulates for their admission, con-
formably to that princii)le, into the Union.
Louisiana was purchased as a country wherein
(slavery was the established law of tlio land.
As Congress have not power in time of peace to
abolish slavery in the original States of the
Union, they are equally destitute of the rower
in those parts of t! .■ i,. iritory cedeii by Ii ranee
to the United Svavn hy she name of Louisiana,
where slavery i'> it' i ••• the time of the :icqui-
eition. Slav : , >.ia ih' i Union the subject of
interna. legisLn'ri in the States, and in peace is
cognizable by Coiijav-.s only, as it is tacitly
tolerated and protected where it exists by the
constitution of the United States, and as it
mingles in their intercourse with other nations.
Arkansas, therefore, comes, and has the riglitto
come into the I'nion with licr slaves and her
slave laws. It is written in the bond, and,
however I may lament that it ever was so writ-
ten, I must faithfully perform its obligations.
I am content to receive her as one of the slave-
holding States of this Union ; but I ai/i unwil-
ling that Congress, in accepting herconstifution,
should even lie under the imputation of assent-
ing to an article in the constitution of a State
which withholds fiom its legislature the power
of giving freedom to the slave. Upon this topic
I will not enlai-ge. Were I disposed so to do,
twenty hours of continuous session have too
much exhausted my own physical strength, and
the faculties as well as the indulgence of those
v.ho might incline to hear me, for me to trespass
longer upon their patience. When the bill shall
be reported to the House, I may, perhaps, again
ask to be heard, upon renewing there, as I in-
tend, the motion for this amendment.'

After a session o." twenty-five hours, including

the whole ni|:ht, the commiltec rnio on ) r< .
the Ixs o bills to the lloiiw. Of the nr|
of thi'* session, which began i»t ten in t'. ■
iu'r of Thursday, and waH continut 1 uii'
o'clock the nest niorvinif, Mr. Ailiiiii.. wh.,
mniuwl at his pout tf)-^ whole tiiiic, pn„ ,y
account in a subsoq .eni notice of tliu nittiiif

'On Thursday, the 9ih of .lunt-. ij,,. |i„
went into Cominitlei- of the Wlmli' mi n,, .,
of the Union upon two bills; one i,, |jj
Northern bomidiiry of the State of (il.j, „,|||
the conditional admission of thi> Sfntc ,,|' \i,,
gan into the l'ni<in; and the otlur f„r ti,,.
mission of the State of Arkansim intntlH | ^^
The bill for fixing the Northern himii.hrv]
the State of Ohio, and the con(liiloimlu,|„,.
of Michigan into the Union, was tlrst talic, i
for consideration, and gave rise todelmto »lii
continued till near one o'clock of the n,i,n,
of Friday, the lOth of ,/ime: rcpeatt.l ,|
to adjourn had been made and ivjcctnl.
committee had twice found itsdi' .itiio,,,
quorum, and had l)cen thereby couipvjlcilt,,
and report the fact to the House. In tin. ti,
instance there had l)een found within jirr
calling; distance a sullicient number of n i
who. though absent from their duty (i|' a
ance upon the House, were upon the akt
appear and answer to their names to mali
quorum to vote against adjourning, iind tlwi
retire again to their amuKcinent or np(/-i .
the first restoration of the quonnn i.v
operation, the delegate from Arkansas saii| ti
if the committee would only take uji ami
the bill, he would not urge any discussjnn
it then, and would consent to the coniniin
rising, and resuming the subject at the next
ting of the House» The bill was aocri!!
read ; a m<jtion was then made for the ma]
tee to rise, and i ejected ; an amendmii • ^)
bill was moved, on taking the quisti
which there was no (luorunv. Tho usiul
pedient of private call to straggling nienilxr^
found inetiectual. A call of the House wn
dered, at one o'clock in the nwjrr in;:,
operation, to be carried through all its fti
must necessarily consume about thrcf hourf
time, during which the House can do no oi
business. Upon this call, after the nanus ij(|
the members had been twice calh d ovcr.aiw
the absentees for whom any valid or \M
excuse wa.s offered had been excused, tliirej
mained eighty-one names of mcuilxirs, wiiu,]
the rules of the House, were to be takin
custody as they should appear, or were loj
sent for, and taken into custody wherever
might 1^ found, by special messengers apjoi
for that purpose. At this hour of the nijlit|
city of Washington was ransacked bv il
special messengers, and the members of
House were summoned from their bedstt
brought in custody of these special inesMni
before the House, to answer for their abr

ANNO I8.1i\. ANDKKW JAl K.H(>.\, l'KI>li>HNT.

637

i- ruminilti'c roMjuri'i f^.^j,
•IloiKH'. Ofthenr,!.
irli Npiti ht ten in t'
ul waHContiiiiifil nil' , ,,
iioriinvt, Mr. A<liiiii., *|,„
■ ':>• >vhole tiiiic, ([»vi. t|
i it-ni notice of the »iitmj;l

tho 9(h of JllTII'. lie ]|„J

Xvv of the Whole im th. <
)ii two liilU ; (iii(> III In
•y of tlic Stiilc i.r(i|,i,„,|\
mission of the Stute nf \i;,
n; nn'l the otlier t,ir th,. |
U- of Arkansas into tlic I n:ij
1^ tlic NorthiTU li(iiiii,lirii
, nnd tho conditionultt'hiii.jj
tho Union, was first tnki-il
anil jfavc rise todilinti- *!ii
If ono o'clock of the i;,,,n,i
[h of June ; n'lH'attM i,,
con made nnd nJiTtui.
twice found itnclt' .■•tliontl
l>ccn tlion'by coniiwlM t.ir
»ct to tho House. Intlifi
ul l)cen found witli'm fmn
, siillicient ninnhcr of n n,
'ut from thoir duty of at'
louHc, wore uy)on the akil
fcr to their nanu'.-i to miilJ
ipainst adjournin):. iind tliiji
tir amuKcinont or npo-i. ip
ition of the (juoriim iy tl
x'gate from Arkansas snilti
woidd only take u]) ami
i not urge any (hscussimi ud
dd consent to the (•oiiiniiiiJ
ling tho subject at the niNtl
isci The bill was awmliiil
.vas then made for the mat
ijcctcd ; an nmendnn'!
(in taking the (niosti
no quonur. 'Ihe usual |
call to strag|:linf;mt'niUr>'
A call of the HousewiM
I'clock in tho ninrrin?. 1|
carried through all its ftii
consume about three houru
ich tho House can do no oil
this call, after the namts o(|
i been twice call( d cvcr.i "
whom any valid or plausl
ed had been oxcu.scd, tlitrej
ne names of memlM;rs, wiij,|
House, were to be taktn i
should appear, or were loj
ten into custody wherever f
by special messengers api«u(
■. At this hour of the riii:litj
igton was ransacked by if
rers, and tho members of
mmoned from their bedstM
idy of these special incisend
e, to answer for their abir

ii*,^ii(«riiiil tho oxru»o« of two ■1' thcHc mom
U.iiiil tii«' a<'knowlfdKo«l no j. od roa.«iin of
,k"! thov wore nil rxiMihcd in a man-', without
^ nt of '"'■'"' *> which ftc'*, to tho aniounl of
,f tlir.v hundro*! dollars, have of roiir««-
,,. »clmrgu u|>on tlio (K-ople, and toU- paid
•itlii.r iiionoy. Hy tlii-* o|KTation, Itotwccn
,f»:.l li»c o'clock of tho morninir, a ^inull
of tlie H"'i'*e was obtained, and, without
,,,,. (if the lloiiHi', the s|M'akcr hit the
f. wliictiwaH roHM'u'd by tho eimirman of
I Viimiiilteo of the .Vhole."

Mr, ,\ lann resumed his seat, ami Mr. M'iso

f>od tli« Of nnittoo, particularly in reply
jlr, C'lis^hing- ConfuHion, noise and disorder
iine pi :it in the Hall. .Several incndxrs
itf, Slid cries of " order," and "question"
p. fiviiiicnt. I'ersoiKd reflections pas.<ed an<l
iliair of honor followed between two South-

iiicmlKr,s, hapidly adjusted without blocid-
il, The ciiairnian, Mr. Sjicight, by groat
rtiuns, liBil procured attention to Mr. Hoar,
)lj!*!ichii>ctt3. Afterwards Mr. Adam.s again
Ire^jel tho committee. Mr. Wise inquired
him « lietiier in his own opinion, if his amend-
lat should bo adopted, the State of Arkan-^as

iliL by thi^ bill, be admitted ? Mr. Adams
iifcred— * Certainly, sir. There i.s not in my

niliiiint tho shadow of a restriction projx)sed
in the State. It leaves tho State, like all the
it, to regulate the subject of slaver y within
jstlf by her own laws." Tho motion of Mr.

Ills was rejected, only thirty-two members

1.' fur it ; being not one third of tlie mom-
's from tlie non-slaveholding States,
iThevotn was taken on the Michigan bill first,

was ordered to a third reading by a vote of

to 4 J. The nays were :

•Me'sr?. John Quincy Adams, Heman Allen,

ptmiah Bailey, John Bell. George N. IJriggs,

liliiain B. Calhoun, George Chambers, .John

nlxrs. Timothy Child.s, William Clark,

Everett, William J. Graven, George

[(iineli, jr,, John K. Griffin, Hiland Hall,

ion Hard, Benjamin Hardin, James Harper,

Iner Ilazeitine, Samuel Hoar, Joseph R. In-

, Daniel Jenifer, Abbott Lawrence, Levi

Icolii, Thomas C. Love, Samson Mason, Jona-

McCarty, Thomas M. T. McKennan,

irlos F. Mercer, John J. Milligan, Mathias

rris, James Parker, James A. Pearco, Ste-

^D C. Phillips, David Potts, jr.. John Reed,

1 Robertson, David Russell, William Slade,

|iQ N. Steele, John Taliaferro, Joseph R.

lerwood, Lewis Williams, Sherrod Williams,

iry A. Wise.

It is remarkable that this list of nays begins

with Mr. Aduiiix, Kud iiuU Miih Mr. WkM— •
proiif that iill till' nct:utiui to|i-ii, win- not (ji\i-ii
U|Kin tlio Hiiino I'cai'onH.

Tho vole w.w 111,1,,. limit ly alti r Ukcii oti
ordering to u tliird niidmn tin' bdl f ,r the ad-
mixoion r.f tho.^'iiiilc ,1 .\rkjin>a« ; whuli wan h«i
ordered by a vote of 1 l:i to .'id. The uayii were :

" .Mc»',xr«. John (^liiiry AdHtn-, Heiimn Allen |
Joseph II, Anthony. .Ii icniiuli IJinli y, W illinin K.
Bond, Nftllianiel M. Bfirdni, ticor^c N, lliiuti.i,
William If. Calhoun, Timothy Cliildi, William
Clark, Jn^cpli H, Crimo. Calcii("u*hiM'r, Ivlward
Darlin^'ton, Hum: Denny, (icort'e Kvaiw,
Knilcr, (iconre (jren-

Horiwc Kver»'ft. '
noll.jr.. Hilui
Abner Ha/.e, II
Hiester, Sanno
F. Jane.i, llenjii
liott ijawrenco, (.

•> Ibtril, JatncH lliiriMr.

idctHun, \\ illiiini

II .Iack.«(ni, Henry

lohn l.aporte, .\li-

l.av. I,<\i l.incdn.

Thomas C. Love, .^^ainson .Mason, Jonutlijui
McCarthy, Thomas .M. T. .McKiiman, .Muihi.is
Morris, JanicM I'nrker, Dulce.l. I'carce, ,St(|,lu ii
C. Phillips. David I'ottM, Jr„ .Inhn llced, David
Russell, WiUiiiin N. .shinii, Williiim >^\niU; .lolm
Thomson, Jose|iii K. Cnderwood, .^auniel l'.
Vinton, Kliiihu Whittlesey, Lewiis William^."

Hero again the beginning; and the ending of
the list of voters is reniarkuMe, be|;iiining again
with Mr. Adams, and terminating with Mr.
Lewis Williams, of North Carolinii— two gen-
tlemen wide apart in their pfditical courses, and
certainly voting on tliis occa.-ion on difl'erciit
principles.

From the meagroness of these negafivo votes,
it is evident that the struggle was, not to pnsi
the two bills, but to bring them to a vote. This
was the secret of tlie arduous M'ssion of twenty-
five hours in the House. Besides the public
objectiims' which cloggeil their admission —
boundaries in one, slavery in the other, alien
voting, and (what was deemed by some), revolu-
tionary conduct in both in holding conventions
without authority of Congress ; besides these pub-
lic reasons, there was another cau,-o operating
silently, and which went more to tlie iiostponc-
ment than to the rejection of the States. Thh
cause was political and partisan, an<l grew out
of the impending presidei'tial election, to bo
held before Congress slioidd meet again. Mr.
Van Buren was the democratic candidate ; Gene-
ral William Henry Harrison was the camlidafe
of the oppo.sition ; and Mr. Hugh Ii. White, of
Tennessee, was brought forward by a fraction
which dividefl from the democratic jmrty. Thw
r w States, it was known, would vote, if now

Vi/::^

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

l^|2£ |2.5

■ JO ~^* ■■■

:!f us, 12.0

IU£

M IIMiiii^

'■•'#' ^^.

Photographic

Sdences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. MS80

(716)872-4503

6:J8

THIRTY TEARS* VIEW

admitted, for Mr. Van Burcn ; and this furnished
a reason to tlo frionda of the other candidates
(even those friendly to eventual admission, and
on which some of them were believed to act),
to wish to stave off the admission to the ensuing
session. — The actual negative vote to the ad-
mission of each State, was not only small, but
nearly the same in number, and mixed both as
to political parties and sectional localities ; so
as to exclude the idea of any reguUr or consi-
derable opposition to Arkansas as a slave State.
The vote which would come nearest to referring
itself to that cause was the one on Mr. Adams'
proposed amendment to the State constitution ;
and there the whole vote amounted only to 32 ;
and of the sentiments of the greater part of
these, including Mr. Adams himself, the speech
of that gentleman must be considered the au-
thentic exponent ; and will refer their opposition,
not to any objection to the admission of the
State as slave-holding, but to an unwillingness
to appear upon the record as assenting to a con-
stitution which forbid emancipation, and made
slavery perpetual. The number actually voting
to reject the State, and keep her out of the
Union, because she admitted slavery, must have
been quite small — not more in proportion, pro-
bably, than what it was in the Senate.

CHAPTER CXXXIX.

ATTEMPTED INQUIRY INTO THE MILITARY"
ACADEMY.

This institution, soon after its organization
under the act of 1812, began to attract public
attention, as an establishment unfriendly to the
rights of the people, of questionable constitu-
tionality, as being for the benefit of the rich
and influential ; and as costing an enormous sum
for each officer obtained from it for actual service.
Movements against it were soon commenced in
Congress, and for some years perseveringly con-
tinued, principally under the lead of Mr. Xrwton
Cannon, and Mr. John Cooke, representatives
from the State of Tennessee. Their speeches
and statements made considerable impression
upon the public mind, but very little upon Con-
gress, where no amelioration of any kind could be
obtained, either in the organization of the in-

stitution, or in the practical adnrnikntJ
which had grown np uml'ir it. In the mniJ
of 1834 — '35 these efforts were renewed, chi*
induced by Mr. Albert Gallatin Uann. ren
scntative from Kentucky, who moved for i
attained the appointment of a committee
twenty-four, one from each State ; which
a report, for which no oonaideration conid I
procured — not even the printing of the nr»
Ba£Qcd in their attempts to get at their object]
the usual forms of legislation, the members on
ed to the institution resorted to the cxtraonUn
mode of attacking its existence in an appn
tion bill : that is to say, resisting appropmtii
for its «upport — a mode of proceeding entin
hopeless of success, but justifiable, as tl^
believed, under the circumstances ; and it i
events as giving them an opportunity to i
their objections before the public.

It was at the session of 1835-'3C, that i
form of opposition took its most detennini
course ; and some brief notices of what vk s
then may still be of service in awakening a epi
of inquiry in the country, and promoting inri
tigations which luve so long been requestj
and denied. But it was not until after anotl
attempt had failed to do any thing throaglJ
committee at this session also, that the ultin
resource of an attack upon the appropriation j
the support of the institution was resorted |
Early in the session Mr. Hawes offered this j
solution : " That a sdect committee of nine |
appointed to inquire into what amendments
any, are expedient to be made to the laws \
lating to the military Academy at West Poi
in the State of New- York ; and also into the ^
pediency of modifying the organization of i
institution ; and also whether it would note
port with the public interest to abolish
same: with power in the committee to i
by bill or otherwise." Mr. Hawes, in euppt
of his motion reminded the House of the i
pointment of the committee of the last i
of its report, and his inability to obtain i
upon it, or to procure an order for its printif
The resolution which he now submitted
but in one particular from that which he I
offered the year before, and that was in th; j
daced number of the committee asked I
Twenty-four was a larger number than c
be induced to enter into any extended or pitil
investigation ; and he now proposed a comi^

ANNO 1836. ASDHEW JACKSON, rRKSIDEXT.

639

in ihe pmctical admmUtnti^
own np un<l'!r it. In thf |^*^,^
these cflbrts were renewed, chid
T. Albert Gallatin Han ex. rtu
a Kentucky, who moved for, i
appointment of a comraittw
one from each State ; wliich i
which no consideration conldl
it OTon the printinf^ of the nn
ir attempts to get at their object j
18 of legislation, the members on
tution resorted to the cxtraordin
king its existence in an appn
it is to say, resisting appropriiiii
rt — a mode of proceeding enti«
success, but justifiable, ts th
er the circumstances ; and u i
ring them an opportunity to |
ins before the public,
the session of 1835-'3C, that i
>8ition took its most detenninj
some brief notices of what vk t
11 be of service in awakening a tpi
the country, and promoting m\
ich Iiare so long been request

But it was not until after anotl
failed to do any thing thronchj
, this session also, that the ultin
1 attack upon the appropriatb^
}f the institution was resorted j
session Mr. Hawes offered this i
That a select committee of ninel

inquire into what amendmesU
edient to be made to the laws i

military Academy at West Foil
ot New- York ; and also mto the ^
modifying the organization of s
and also whether it would nuK
le public interest to abolish i
rawer in the committee to i
herwise." Mr. Hawes, in siipp
n reminded the House of the i
' the committee of the last i

and his inability to obtain i
9 procure an order for its printi
3n which he now submitted '
particular from that which he 1

ear before, and that was in th; j
jer of the committee asked I

was a larger number than c
o enter into any extended orpati
and he now proposed a comi^

t«f nine only. His resolution was only one

liaquiry, to obtain a report for the infor-

of the people, and the action of the

I species of resolution usually granted

li nuUer of courw ; and he hoped there would

,110 objection to hi.4 motion. Mr. Wardwell,

[Xew-Vork, objected to the appointment of

Ijtltct committee, and thought the inquiry

ibt to go to the standing committee on mili-

iffairs. Mr. F. 0. J. Smith, of Maine,

to hear some reason assigned for this

, It seemed to him that a special com-

Htce ought to be raised ; but if the friends of

I institution were fearful of a select commit-

t.ind would assign that fear as a motive for

ring the standing committee, he would

ihdnw his objection. Mr. Briggs, of Massa-

ittts, believed the subject was already re-

1 to the military committee in the general

tice to that committee of all that related

\ the President's message to this Academy ;

dEO believing, he made it a point of order for

1 Speaker to decide, whether the motion of

t Hawes could be entertained. The Speaker,

r.Polk, said that the motion was one of in-

f ; and he considered the reference of the

sdent's message as not applying to the case.

iBriggs adhered to his belief that the subject

tbt to go to a standing committee. The com-

e had made an elaborate report at the last

ba, which was now on the files of the House ;

I if gentlemen wished information from it,

T could order it to be printed. Mr. John

loio!!, of Illinois, said it was astonishing

Jmemkrs of this House, friends of this in-

totion, were so strenuous in their opposition

Ibvestigation. If it was an institution foundt-i

li proper basis, and conducted on proper and

Itblican principles, they had nothing to fear

niiiTestigation; if otherwise the people had:

^the great dread of investigation »H)rtended

h'lng wrong. His constituents were dis-

I with this Academy, and expected him

fsent them fairly in doing his part to re-

i,or to abolish it; and he should not dis-

|nntthem. The member from Massachusetts,

• Briggs, he said, had endeavored to stifle

I inquiry, by making it » point of order io be

1 by the Speaker; which augured badly

[the integrity of the institution. Failing

lit attempt to stifle inquiry, he had joinnd

I «mber from New-York, Mr. Wardw«ll,

in the attempt to semi it to a rommittre whrr»?
no inquiry would be made, and in violation of
parliamcnUry practice. IIo. Mr. Ucynold.i. had
great respect for the memU-rs of the military
committee ; but some of them, nn<l perhaps all,
had expressed an opinion in favor of the institu-
tion. Neither the chairman, nor nny member
of the committee had askc<l for this inqtiiry ;
it was the law of parliament, and also of n-a^on
and common sense, that all inquiries shouM go
to committees disposed to make them; and it
was without precedent or ju.<;tiflcation, and in-
jurious to the fair conducting of busine.«s, to take
an inquiry out of the hands of a member that
moves it, and is responsible for its adequate
prosecution, and refer it to a committee that is
against it, or iudifiTcrent to it. When a member
gets up, and moves an inquiry touching any
branch of the public service, or the official con-
duct of any officer, ho incurs a responsibility
to the moral sense of the House and of the
country. He assumes that there is something
wrong — that he can find it out if ho has a
chance ; and ho is entitled to a chance, both for
his own sake and the coimtry ; and not only to
have his committee, but to be its chairman, and
to have a majority of the members favorable to
its object. If it were otherwise members would
have but poor encouragement to move inquiries
for the public service. Cut off him.sulf from the
performance of his work, an indifierent or pre-
judiced committee may neglect inquiry, or per-
vert it into defence ; and subject the mover to
the imputation of preferring false and frivolous
motions; and so discredit him, while injuring
the public, and sheltering abu.sc. Under a
just report ho believed the Academy would
wither and die. Under its present organiz.a-
tion it is a monopoly for the gratuitous
education of the sons and connections of the rich
and influential — to be afterwards preferred for
army appointments, or even for civil appoint-
ments ; and to be always provided for as the child-
ren of the government, getting not only gratuitous
education, but a preference in appointments. A
private soldier, though a young David, slaying
Goliath, could get no appointment in our army.
He must stand back for a West-Pointer, even the
most inefficient, who through favor, or drivinp,
had gone through his course and got his diplo-
ma. Promotion was the stimulus and the re-
ward to merit. We, members of Crn;' -('"js, rise

640

THIRTY YEARS' VIEW.

from the ranks of the people when we come
ht-re, and Imvc to depend upon merit to get here.
Why not Kt tlio same rule apply in the army,
and give a chance to merit there, instead of giv-
ing all the offices to those who njay have no
turn for war, who cily want support, and get
it by public patronage, and favor, because they
have ufllcinl friends or parents? The report
made at the hist session looks bad for the
Academy. Let any one read it, and he will feel
that there is something wrong. If the friends
of the institution would sufTer that report to be
printed, and let it go to the people, it would be
a great satisfaction. Mr. Wardwell said the
last Congress had refused to print the report ;
and a.sked why it was that these complaints
against the Academy came from the West?
Was it because the Western engineers wanted
the employment on the roads and bridges in
place of the regular officers. Mr. Hanncgan, of
Indiana, said he was a member of the military
committee which made the report at the last
session, and which Mr. Wardwell had reminded
them the House refused to order to be printed.
And why that refusal ? Because the friends of
the Academy took post behind the two-thirds
rule ; and the order for printing could not be
obtained because two-thirds of the House could
not be got to suspend the rule, even for one hour,
and that the morning hour. The friends of the
Academy rallied, he said, to prevent the suspen-
sion of the rule, and to pre- ■' ♦ publicity to the
report. Mr. Hamcr, of C iid, why oppose

this inquiry ? The peopl . .re it. A large
portion of them believed the Academy to be an
aristocratical Institution, which ought to be
abolished ; ethers believe it to be republican, and
that it ough< to bo cherished. Then why not
inquire, and find out which is right, and legis-
late accordingly ? Mr. Abijah Mann, of New-
York, said there was a considerable interest in
the States surrounding this institution, and he
had seen a strong disposition in the members
coming from those States to defend it f^inst
all charges. He was a member of the committee
of twenty-four at the last session, and concurred
partially in the report which was made, which
was, to say the least of it, an elaborate examina-
tion of the institution from its foundation. He
knew that in doing so he had incurred some
censure from a part of his own State ; but he
Dover had flinched, and never would flinch, from

the performance of any duty hen which he i,
it incumbent upon him to discharge ]U
found much to censure, and believed if i
friends of the institution would take the im.
to investigate it as the committee of twcnty.f
had done, they would find more to cciw'irt
the principle of the establishment than
were aware of. There were abuses in this
stitution, develoiicd in that rcport,of achiiraci
that would not find, he presumed, a single
Tocate upon that floor when they came to
published. He believed the princialc of the
stitution was utterly inconsistent with tlie prj
ciple of all other institutions ; but he was
for exterminating it. Reformation was his
ject. It was the only avenue by which
people of the country could approach the ol
of the army — the only gateway by which tl
could be reached. The principle was nroi
and the practice bad. We saw individuals ci
tinually pressing the government for admii;
into this institution, to be educated profcsj
for the military service, but very frequentiv
too generally with the secret design in i:
hearts to devote themselves to the civil pur:
of society ; and this was a fraud upon the
ernment, and a poor way for the future
begin his educational life. When the rcpoi
the twenty-four came to be printed, as he ho|
it would, it would be seen that this institui
cost the government by far too much for
education of these young men. Whether itspi
from abuse or not, such was the fact wlien tl
looked at utility connected with the expenditi
If he recollected the report aright it proved
not more than two out of five who entered
institution remained there long enough to
ate ; and not two more out of five gradi
who entered the army. If his memory sei
him right the report would show that ei
graduate coming from that institution in the
ten years, had cost the United States more
five thousand dollars ; and previously a m
larger sum ; and he believed within one
the graduates had cost upwards of thirty tl
sand dollars. If there bo any truth in
statements the institution must be mismi
or misconducted, and ought to be thoroi
investigated and reformed. And he ap]
to the friends of the Academy to withdraw
opposition, and sufier the report to be pi
and the select committee to be raised; but]

ANNO ISSft. A.MiHKW JA( KS(.N, rUF>II>K.\T.

641

) of ony duty hen: which he ig
pon him to dischaive. lU
J ct'nBure, and believed if t|
istilulion would take the truut
, as the committee of twemjf;
would find more to <xmm
)f the establishment than
; There were abuses in ihib
oped in that report, of achanct
t find, he presumed, a ginjile
hat floor when they came to
e believed the principle of theil
utterly inconsistent with the ptj
her institutions ; but he was
ting it. Reformation was his
the only avenue by which
country could approach the of
-the only gateway by which tl
ched. The principle was wtaj
ice bad. We saw individuals co
sing the government for admis-ij
.itution, to be educated profess
iry service, but very frequcntlv,!
y with the secret design in ll
roto themselves to the civil pursi
ind this was a fraud upon the
i a poor way for the future
national life. When the rcpor
bur came to be printed, as he ho
would be seen that this institut
emment by far too much for
these young men. Whether it spr
)r not, such was the fact wkntli
ty connected with the expendit^
cted the report aright it provtdtl
an two out of five who entered]
imained there long enough to
t two more out of five gradi
the army. If his memory sei
he report would show that v
Qing from that institution in the
id cost the United States more
d dollars; and previously ami
and ho believed within one
!S had cost upwards of thirty tl
s. If there bo any truth in
he institution must be misni
icted, and ought to be thoroi
and reformed. And he an
. of the Academy to withdraw
,nd suffer the report to be pi
It committee to be raUed '

I Bpttlcfl in vain. The opposition was kept up,
b1 the two-thirds rule npain resorted to, nn'l
^,<tually used to balk the frii-nda of inquiry-.
l!«j3 after this second failure to pet at the
«t cct regularly through a committee, and a
«iViijhe<l report, that the friends of inquiry j
li^irted to the last nlternative — that of an at- ,
lufkupon the appropriation. The opportunity
Ifcrthis was not presented until near tlie end of '
llhe fession, when Mr. Franklin Pierce, of New
I junpjhire, delivered a well-considered and well-
1 rained speech against the institution, bottomed
|(« fict'<, and sustained by conclusions, in tiie :
icst degree condemnatory of the Academy ;
|mi which will be given in the next chapter.

but

CHAPTER C X L .

llllLITAUV ACADEMY-SPEECH OF Mlt. PIEUCK

fllR.CiiAiRMAN : — An attempt was made during
(last Congress to bring the subject of the re-
nization of the Military Academy before the
ntry, through a report of a committee. The
thing has been done during the present
;$ion, again and again, but all eiforts have
wed alike unsuccessful ! Still, you do not
to call for appropriations ; you require the
»ple'5 money for the support of the institu-
ita, while you refuse them the light necessary
I enable them to judge of the propriety of
lor annual requisitions. W hethcr the amount
loposed to be appropriated, by the bill upon
f table, is too great or too small, or precisely
icient to cover the current expenses of the
litution, is a matter into which I will not at
mi inquire ; but I shall feel bound to oppose
bill in every stage of its progress. I cannot
e a single dollar until the resolution of in-
iry, presented by my friend from Kentucky
Huwes), at an early day in the session,
I be first taken up and disposed o£ I am
, sir, that it will be said, because I have
the same declaration on a former occa-
,that this is not the proper time to discuss
merits of the institution ; that the bill is to
k provision for expenses already incurred
Jtsrt; and whatever opinions may be enter-
pi upon the nectssity of a reorganization,
s ippropriation muU he made. I say to gen-
ica who are oppos A to the principles of the
^tution,and to those who believe that abuses
ist which ought to be exposed and corrected,
; now is their only time, and this the only
ertunity, during the present session, to at-
|i their object, and I trust they will steadily
ist the bill until its friends shall find it neces-
VOL. I.— 41

pary to take up tho resolution of inquiry, a:id
givi- it iis iirH|(iT rcrcnni-f.

" .Sir, why lias thi^ invc^tipition \n'vn resist
e<l ? Is it not an institutii)n which hn.-* ;ilr»n<ly
cost this co"ntry luon than three niilliniis i.f
dollars, fur which yon ]iro|)<)>e, in this very hill.
an api)n)priation of pi'ire tlinn one hiin<lrc<l ninl
thirty thousand dollui-s, au'l \\ liich. at the ^ainc
time, in the estimation of a hirjre portion of the
citizens of this Union, has liiilid, finintiitly
fiiiiiMl, fo fiillil the ohject« for whirh it was es-
tablished, of sufficient interest and imi)ortaiire
to claim the consideration of a committee of this
House, and of the House itself? I should have
exj)cctc(l the resolution of the gentleman from
Kentucky (Mr. llawcs), merely jirojiosinK an
inquiry, to pass without opjiosition, luid I not
witnessed the strong sensation, nay, excitement
that was produced here, at the last session, by
the presentation of his yet unpublished repurt.
Sir, if you would have an exhibition of hijrhl-
excited feeling, it requires little observation to
learn that you may produce it at any moment
by attacking such laws as confer exclusive and
gratuitous privileges. Tho adoption of the re-
solution of inquiry, at the last session of Con-
gress, and the apiwintmcnt of a select commit-
tee under it, were made occasion of newspaper
paragraphs, which, in tone of lamentation and
direful prediction, rivalled the most highly
wrought specimens of the panic era. Ono lA'
those articles I have preserved, and have before
nr.e. It commences thus: 'The architecta of
ruin. — This name has been appropriately given
to those who are leading on the base, the igno-
rant, and the unprincipled, in a remorseless war
upon all the guards and defences of society.'

"I introduce it here merely to show what are.
in certain quarters, considered the guards and
defences of society. After various compliments,
similar to that just cited, the article procee<ls :
'All this is dangerous as novel, and the ulti-
mate results cannot be contemplated without
anxiety. If this spirit extends, who can check
it ? " Down with the Bank ; " " down with the
Military Academy;" "down with the Judici-
ary ;" " down with the Senate ;" will be follow-
cfl by watchwords of a worse character,' Here,
Mr. Chairman, you have the United States Bank
first, and then the Military Academy, as the
guards and defences of your country. If it be
so, you are, indeed, feebly protected. One of
these guards and defences is already tottering.
And who are the ' architects of niin ' that have
resolved its downfall ? Are they the base, the
ignorant, and the imprincipled ? No, sir. The
most pure and patriotic portion of your com-
munity: the staid, industrious, intelligent far-
mers and mechanics, through a public .servant,
who has met responsibilities and seconded their
wishes, with equal intrepidity and success, in
the camp and in the cabinet, have accomplished
this great work. Mr. Chairman, there is no
real danger to be apprehended fr«>m this much*
dreaded levelling principle.

042

THIRTY YEAItS' VIKW.

•' From the middlinfr intcrcct you have derived
your most aMe and cfllcieiit support in the most
gloomy and tryinp i)crio<l8 of your history. And
what have they anked in return ? XoliiinK but
tiic common advantages and blessinps of a free
povcrnnient, administored under equal and im-
partial laws. They arc responsible for no por-
tion of your legislation, wliich, through its par-
tial and unjust operation, has shaken this Union
to its centre. That has had its origin in a dif-
f rent quarter, sustained by wealth, tlio wealth
of monopolies, and the power and influence
which wealth, thus aecunudated and disposed,
never fails to control. Indeed, sir, while far
from demanding at your hands special favors
far themselves, they have not, in my Judgment,
been sufficiently jealous of all legislation confer-
ring exclusive and gratuitous privileges.

"That the law creating the institution, of which
1 am now speaking, and the practice under it, is
strongly marked by both these characteristics, is
apparent at a single glance. It is gratuitous,
because those who are so fortunate as to obtain
admission there, receive their education without
any obligation, except such as a sense of honor
may impose^ to return, cither by service or other-
wise, the slightest equivalent. It is exclusive,
inasmuch as only one youth, out of a population
of more than 47,000, can participate in its ad-
vantages at the same time ; and those who are
successful are admitted at an age, when their
characters cannot have become developed, and
with very little knowledge of their adapta-
tion, mental or physical, fur military life. The
system disregards one of those great principles
which, carried into practice, contributed, per-
liaps, more than any other to render the arms
of Napoleon invincible for so many years. Who
does not percieve that it destroys the very life
and spring of military ardor and enthusiasm,
"by utterly foreclosing all hope of promotion to
the soldier and non-commissioned officer? How-
ever meritorious may be his services, however
pre-eminent may become his qualifications for
command, all is unavailing. The portcuUis is
dropped between him and preferment ; the wis-
dom of your laws having provided another cri-
terion than that of admitted courage and con-
duct, by which to determine who are worthy of
command. They have made an Academy, where
a certain number of young gentlemen are edu-
cated annually at the public expense, and to
whidi there is, of consequence, a general rush,
not so much from sentiments of patriotism and
a taste for military life, as from motives less
worthy — the avenue, and the only avenue, to
rank in your army. These are truths, Mr.
Chairman, which no man will pretend to deny ;
and I leave it for this House and the nation to
determine whether they do not exhibit a spirit
of exclusivcncss, alike at variance with the ge-
:niu8 of your government, and the efficiency and
■chivalrous character of your military force.

" Sir, no man can feel more deeply interested
in the army, or entertain a higher n^rd for it,

than myself. My earliest n>collcctions rornMl
themselves fondly and gratefully with tlio mw!,,!
of the brave men who, reliiiquisliinf: the nij,.!
and security of civil life, were staking their »''|
upon the defence of their coimtry's .iclit« j^il
honor. One of the most distingiiisliH anKnJ
that noble band now occupies and honors a t,,"!
ti[)on this floor. It is not fit that 1 sin uM -"I
dulgc in expressions of [wrsonnl Rspfrt ani jt"
miratiim, which I am sure would tinrj a h-^'f^
response in the bosom of every memtior nf th.J
committee. 1 allu<!e to him mcrtly to cxin J
the hofie that, on sortie occasion, we niav IhitiJ
upon this subject, the benefit of liis cxjiirir.
and ol)seivation. And if his opinions sliall ilifl
fer from my own. I promise carefully to rivjoi
every step by whicli I have been led to my pr«
sent conclusions. You cannot mistake mo, ^1:1
I refer to the hero of Erie. I have declarii
myself the friend of the army. .Satisfy me. tLeJ
what measures are best calculated to render i
effective and what all desire it to bo, and 1 '
for the proposition with my whole heart.

" But I cannot believe that the Military Aa
demy, as at present organized, is calculated i
accomplish tliis desirable end. It may, and iinj
doubtedly does, send forth into the cointd
much military knowledge; but the adva.itaj
which your army, or that which will constitu^
your army in time of need, derives from it, is k
no means commensurate with the cxpcn.se roj
incur. Here, Mr. Chairman, permit me to sd
tliat I deny, utterly, the expediency, and tn
right to educate, at the public expense, iJ
number of young men who, on the completion {
their education, are not to form a portion of yoi
military force, but to return to the walks i
private life. Such was never the operation J
the Military Academy, until after the iaw^
1812; and the doctrine, so far as I have I
able to ascertain, was first formally announcj
by a distinguished individual, at this time sni
ciently jealous of the exercise of executireif
tronage, and greatly ularmed by what he (
ceives to be the tendencies of this governmcJ
to centralism and consolidation. It inayi
found in the report of the Secretary of ff^
communicated to Congress in 1819.

'" If it shall, upon due consideration, rcooi|
the sanction of Congress and the country, I c
see no limit to the exercise of power and |
ernment patronage. Follow out the prinj
pie, and where will it lead you ? You eonf
upon the national government the absoll
guardianship of literature and science, miiitr
and civil ; you need not stop at military sciea
any one, in the wide range of sciences, bccoJ
at once a legitimate and constitutional objcctj
your patronage ; you are confined by no ill
but your discretion ; you have no check butyJ
own good pleasure. If you may afford instif
tion, at the public expense, in the kngua;?!^
philosophy, in chemistry, and in the exact!
ences, to young gentlemen who are under!
obligation to enter the eervice of their coinl

ANNO IM.ia. ANIUIEW JACKSON. ruilslDI'NT.

C43

f carlirpt ircol lections ronrnyii
f and gratefully with tlic nirr..i|
II who, rflinqiiishinjr the i\;n\
livil lift", were staking their s!!)
3 of their country's lislitj »mI
the most (listinpuishH aracnj
now occupies ami honors a mJ
It is not fit that I hlinuM k
ions of iwrsonal n-sport an'l »l
I am sure would timl i\ Iimhj
hosom of every mcniher of thu
Uu'le to him mcR'ly to txproJ
n Rortio occasion, we may liavcj
;t, the benefit of his cxiiiri' n-i
And if his ojiinions slmll ilifj
■n. I promise carefully to nviei
•hich I have been leil to my pre,
». Yon cannot mistake mo, >;rj
hero of Erie. I have (Iceland
id of the army. Sati>fy mc. tl.a
are best calculated to n-ndcr
rhat all desire it to bo, and 1 ;
tion with my whole heart.
lOt believe that the Military \^.
■esent orpiuized, is calculuteil
3 desirable end. It may, and \n
!S send forth into the co'intr
r knowledge ; but the adva.itaa
my, or that which will constituJ
time of need, derives from it, is kf
imcnsurate with the expense yo
Mr. Chairman, permit me to fa
utterly, the expediency, and ti^
Mite, at the public expense, in^
ing men who, on the completion i
n are not to form a portion of yoJ
'but to return to the walks f
Such was never the operatioiK
Academy, until after the law^
16 doctrine, so far as I have W
tain, was first formally announci
ished individual, at this timesnH
s of the exercise of executive]
creatly alarmed by what he c<
he tendencies of this governmd
and consolidation. It mav 1
_ report of the Secretary of Wl
i to Congress in 1819. I

L upon due consideration, rccci
of Congress and the country, I (<
to the exercise of power and p
ronafic. Follow out the pnn
re will it lead you? You cori
ational government the absoj
of literature and science, miiiw
,u need not stop at military scien
he wide range of sciences, bwofl
it'mate and constitutional objccj
ttce; you are confined byno M
TCtion ; you have no check ktyj
■easure. If you may afford mstj
public expense, in the languar.^
in chemistry, and in the exact <
ung gentlemen who are underl
'enter the service of their couii

Vf>f!t. in ftct, dostincil for civil life, why may
T„n not, hr l>arify of riasouinj:, proviih' \\\v
_f,ni< of a legal, or theological, or me<iic«l edu-
fltji)n on the grotin'l that the n-cipiontH of your
'«;intr will carry forth a fund of useful kuow-
ki!:c. th<it may, at some time, under some cir-
riBStanceS produce a bcnetirlal influence, and
pfiinotc ' the general welfare ? ' Sir, I fear that
f«n lomc of us may live to see the day when
this 'general welfare' of your constitution will
]^Te 119 littlo ground to boast of a government
of limited powers. Hut I did not propose at
tto time to 'discuss the abstract question of
(oDftitutiorial right. I will regard the expedi-
flicv alone ; and, whether the power exist or not,
itiexercise, in an institution like this, is subvcr-
lire of the only principle upon which a school,
(Midurted at the public expense, can bo made
profitable to the public service — that of making
n admission into your school, and an education
there, secondary to an apiwintment in the army.
«ir, this distinctive feature characterized all
;„iir legislation, and all executive rocommcnda-
jon?, down to 1810.

"1 may as well notice here, as at any time,
in answer which has always been ready when
((liections have been raised to this institution —
i^iinswer which, if it ha.s not proved quite sa-
tsfactory to minds that yield their assent more
idily to strong reasons than to the authority
jjreat names, has yet, unquestionably, exer-
Li*'! a powerful influence upon the public mind.
! has not gone forth upon the cuthority of an
kividual merely, but has been published to the
orld with the approbation of a committee of a
Iraer Congress. It is this : that the institu-
OD has received, at diflerent times, the sanc-
in of such names as Washington, Adams, and
fei^on ; and this has been claimed with such
^Idaess, and in a form so imposing, as almost
B forbid any question of its accuracy. If this;
rere correct, in point of fact, it would be enti-
Hto the most profound respect and considcra-
k and no change should be urged against the
feht of such Authority, without mature delib-
fttion,and thorough conviction of. expediency.
infortunately for the advocates of the institu-
V and fortunately for the interests of the
mntry, this claim cannot be sustained by re-
rence to executive documents, from the first
i^rt of General Knox, in 1790, to the close
(Mr. Jefferson's administration.
"The error has undoubtedly innocently oc-
h1, by confounding the Military Academy
I West Point as it was, with the Military Aca-
my at West Point as it is. The leport of
■ctary Knox, just referred to, is character-
Iby this distinctive feature — that the corps
to be organized were ' to serve as an
1 defence to the community,' and to consti-
e apart of the active military force of the
nitry,'to serve in the field, or on the frontier,
I in the fortifications of the sea-coast, as the
ominder-in-chief may direct.' At a later pe-
li the report of the Secretary of War (Mr.

Mcllcnry), oommunM-atcd to Pongrrss in 18'"tn
nllhoii^h it proposed a jdan fnriinhtaiy oIiooIj,
dillVrini.' in many essential |mrti<ul:»rs from iIiom-
which had phhimUmI it, still rctaimd tin- di-ititK-
tiv»' fi-atiin-Jusf named us cliunicli'ii/.iiig thert-
porf of (Jeticral Knox.

''With n-giird to eduejitin;: young men gniti;-
itously, which, whatever ituiy have he.-n tin-
design. I nin i)ri'imred to shuW is the pmct;'-!:!
op«!rafion of the Academy, ns at present organ-
ized, [ cannot, jn-rhnps, fxhil.it more dearly th-.'
sentiments of the Kxeeutivc at that early day,
urgent as was the occasion, nml strong as must
have been the desire, to give strength and elli-
ciency to the military force, than by reading ono
or two paragraphs fron> a suppknieiitary repori
«if Secretary McHenry, addivssod to the eli.iir-
inan of the Comiiiittee of Defence, on the lU.-t
January, IHllO.

'"The Swretary says : 'Agreeably to the phm
of the Military Acatieniy, the «lirector.s thereof
are to bo oilieers taken from the anny ; conse-
quently, no exijcnse will be incurred by mieh
appointments. The plan also conteniplatoa that
ofllccrs of the army, cadets, and non-commis-
sioned officers, shall receive instruction in the
Academy. As the rations and fuel which they
arc entitled to in the anny will suffice for them
in the Acatlemy, no additional expense will be
required for object.s of maintenance while there.
The expenses of servants and certain incidental
expenses relative to the police and administra-
tion, may bo defrayed by those who shall be
admitted, out of their pay and emoluments.'

" You will obseiTO, Mr. Chairman, from the
phraseology of the report, that all were to con-
stitute a part of your actual military force ; and
that whatever additional charges should be
incurred, were to bo defrayed by those who
might receive the advantages of instruction.
These were provisions, just, as they ore impor-
tant. Let me call j-our attention for a moment
to a report of Col. AVilliams, which was made
the subject of a special message, communicated
to Congress by Mr. Jefferson, on the 18tli of
March, 1808. The extract I propose to read, as
sustaining fully the views of Mr. AlcIIenry upon
this point, is in the following words : * It might
be well to make the plan upon such a scale as
not only to take in the minor officers of the navy,
but also any youths from any of the States who
might wish for such an education, whether de-
signed for the army or navy, or neither, and let
them be assessed to the value of their education,
which might form a I'undfor extra or contingent
expenses.' Sir, these are the true doctrines upon
this subject ; doctrines worthy of the adminis-
tration under which they were promulgated,
and in accordance with the views of statesmen in
the earlier and purer days of the Republic. ({ i ve
to the ofllcers of your army the highest advan-
tages for perfection in ail the branches of military
science, and let those advantages be open to nil,
in rotation, and under such terms and regulation*
as shall bo at once impartial toward the ofllcei's

044

TIIIUTV YKAUh' VIEW.

ntifl advantapi'ous to the Benico \ but let all
voiiii}; fi^i'iillciiicii who have a tiiutu for military
life, uiul (ic-Hiru to adopt arms an a profchsion,
prL'putv tiic'iiiKclTOD for trtihordinato HituatioiiH
lit tiitir own fxpt'iiso, or at the uxikjuso of their
jiuri'iits or piiurdiaiis, in the same manner that the
youth (if the country are qualilkd for the profes-
sions of civil life. Sir, while upon thin subject of
^nituitous education, t will read an extract from
' Dupin'ti Military Force of Great Britain.' to show
\('liut favor it linds in another country, from the
practice and e.\perience of which we may derive
fuvMi a<lvanta)j;eH, however far from approving of
us itistitutions generully. The extract is from
the 2d vol. Tlst page, and relates to the terms on
which younfj; gentlemen are admitted to the ju-
nior de|)artment^ of the lloyal Mihtary College
at Sandhurst.

•' First ; The sons of olTlcers of all ranks,
whether of the land or sea forces, who have
di<id in the service, leaving their families in pe-
cuniary distress ; this class arc instructed, board-
ed, and habited gratutiously by the State ; be-
ing rc((uiied only to provide their equipments
on admission, and to maintain themselves in
linen. SccoiuHi/ : The sons of all olBcers of the
anny above the rank of subalterns actually in
the service, and who pay a sum proportioned to
their ranks, according to a scale per anr.-im re-
gulated by the supreme board. The sons of living
naval officers of rank not below that of master
and commander, are also admitted on payment
of annual stipends, similar to those of corres-
ponding ranks in tne army. The orphan sons
of otlicers, who have not left their families in
pecuniary difficulties, are admitted into this class
on paying the stipends required of officers of the
rank held by their parents at the time of their
decease. Thirdly : The sons of noblemen and
private gentlemen who pay a yearly sum equiv-
alent to the expenses of their education, board,
and clothing, according to a rate regulated from
time to time by the commissioners.' Sir, let it
be remembered that these are the regulations
of a government which, with all its wealth and
power, is, from its structure and practice, groan-
ing under the accumulated weight of pensions,
sinecures, and gratuities, and yet you observe,
that only one class, ' the sons of officers of all
ranks, whether of the land or sea forces, who
have died in the service, leaving their families in
pecuniary distress,' are educated gratuitously.

" I do not approve even of this, but I hold it
up in contrast with your own principlep and
practice. If the patience of the committee would
warrant me, Mr. Chairman, I could show, by
reference to Executive communications, and the
concurrent legislation of Congress in 1794, 1706,
1802, and 1808, that prior to the last mentioned
date, such an institution as we now hare was
neither recommended nor contemplated. Upon
this point I will not detain }'ou longer ; but
when hereafter confronted by the authority of
great aames, I trust we shall be told where the
expressions of approbation are to be found. Wo

may then judge of their applicability t" tin
Military Academy as at pre«ent or>tiinii(,|
am fur from desiring to see this coimtrv diii i
tute of a MiliUry Academy ; but 1 would hn !
it a school of jjracticc, antl instruction, fornflk,,.
actually in the Hcr>ice of the United ^ilatia; i,,'
an institution for educating gratuitou^lv. vour, i
gentlemen, who, on the completion of thiiV tirnf
or after a few months' leave of ab.-eiiee, nj, !r|
their conmiissions and return to the pursiiit<"(l
civil life. If any one doubts that this is il .f
practical opiTation of your present syKiem, I r .1
fer him to the annual list of resigntiticina tul,'|
found in the Adjutant General's otlltv. ' I
" Firmly as I am convinced of the iicccs«iu I
of a reorganization, I would take no »{{.■<, (A
create an unjust prejudice againstt the in.stitiiti„n I
All that I ask, and, so far as I know, all tjuj
any of the opponents of the institution ask, is f
that after a full and impartial invcstigfttioii, it|
shall stand or fall upon its mirits. I kniiJ
there are graduates of the institution who arj
ornaments to the army, and an honor to tJiur
country; but they, and not the scininary, arl
entitled to the credit. Hero I would rtmarJ
once for all, that I do not reflect upon thu olliJ
ccrs or pupils of the Academy ; it is to tlu |iriiJ
ciplcs of the institution itself, as at prcH.it <>r|
ganized, that I object. It is often said tlmt li.f
graduates leave the institution with sentiiiitud
that but ill accord with the feelings and oiiiiiio;i|
of the great mass of the people of that trovtuiJ
ment from which they derive the means uf ilnf
cation, and that man^ who take commis>ioiu
possess few qualifications for thu command cj.
men, either in war or in peace. Jlost of tlil
members of this House have had more or !iJ
intercourse with these young gentlemen, and J
leave it for each individual to form lii,s ow{
opinion of the correctness of the charges. ThJ
much I will say for myself, that I believe tiJ
these, and greater evils, are the natural, if J
the inevitable, result of the principles in whid
this institution is founded; and any system J
education, established upon similar principla
on government patronage alone, will produi
like results, now and for ever. Sir, what u
some of these results ? By the report of t!j
Secretary of War, dated January, 183) t<> J
informed that, " by an estimate of the ^t fii
years (preceding that date), it appears that til
supply of the army from the corps of graduatJ
cadets, has averaged about twenty-two annmll|
while those who graduated are about fort
making in each year an excess of eighteen, TJ
number received annually into the AcadcmyaJ
rages one hundred, of which only the nunili|
stated, to wit, forty, pass through the ra
scribed course of education at schools, and Ij
come supernumerary lieutenants in the arm*
By the report of the Secretary of ffar,?
cember, 1830, we are informed, that " the m
ber of promotions to the army from this con
for the last five years, hae averaged aw
twenty-two annually while the number I

ANNO isaa. ANDUEW JACKSON. I'lir.HlDENT.

645

if their applicability t" \U
08 at prl•^«l•nt ortrniiiiiil. ;

Ij; to KW! tllirt COUUtrv ilesi .

Academy ; but 1 w(jiiM \a\.
CO, and iiwtructiDii, foroflii,r<
rice of the United >^Utc9; n,.
educating (^^atuitou^\y, yom ,.• ■
1 tlio conjpielion t.f tln.'ir tini. I
ntiis' leave of uba-nce, ft^.i,
\ and return to the imrsuii*!
r one doubts that this is tic

I of your present sy Klein, 1 r .
inual list of resijiniiliimg, iul,..|
itant General's otlice. .
im convinced of the ncccsMtyl
on, I would take no Hi:\, iJ
irejudicc against the institminn.1
iid, 80 far as I know, all ili«l
lents of the institution ask, iJ

and impartial iuvcstigiitioii, J
fall upon its merits, I lininr
atcs of the institution who aw
,0 army, and an honor to llmrt
ley, and not the sciniiiary, ard
credit. Hero I would rtraarki

I I do not reflect upon tlw ollij
' the Academy ; it is to thi \ml
stitution itself, as at prcst.ii <>rJ
object. It is often said thut iJ
. the institution with sentinuid
ord with the feelings and opinioii
ass of the people of that (.'ovcrnl
ich they derive the means of m
it many who take commi5>iuiii
alifications for thocoramamli

war or in peace. ^Most of iW
is House have had more or W
th these young gentlemen, amlj
ich individual to form hw od
correctness of the charges. IW
,V for myself, that I believe thi
»ter evils, are the natural, if nd
result of the principles in whic)
H is founded; and any system^
iblished upon similar prmcipW
X patronage alone, wdl prodiK
,ow and for ever. Sir,whutu
, results? By the report of iM
Var, dated January, 183) -"M
" by an estimate 01 tnt oii
ngthat date), it appears that til
amy from the corps of gradual
vraged about twenty-two annua j
who graduated are about for^
h year an excess of eighteen. H
ed annually into the Academy .<
led, of which only the H
forty, pass through the [<
e of education at schools, and J
imeraryUeutenantsmtheannj
t of the Secretary of >|w«
U are infomed, that " J 3
.tionstothearmyfromthsMi
five years, hae averaged aM
Tnuaily while the numkr

■.Tsduatf* has been at nn avomptMif furty. Thi.-
'jcf««, which is annually incn-asiii;.'. has plnnti
'.(ilyl^even in waiting until vncaiicics olwill
ij'ke place, and hhow that in the nixt yiar,
rriNiWy. and in the stircpcding one, nrtiiiiily,
[liciv will be an excess Injyond what the exist-
in* Uw aiithori7.c8 to be commissioiuMl. 1 licre '
(ill then bo MO Hupcrnumerary bnvet second
I untenants appurtenant t<» the army, at an
ivenge annual expense of ^8'i,0iiO. .Sir. that |
rejults here disclosed were not anticipatc<l by
jlr, .Madison, is annarcnt from a rccurRiice to j
iiu'messages of 1»1() and 181 1. \

"In passing the law of 1812, both Congress
inil the President acted fur the occasion, and
tky expected thf)so who should succeed tlum
to act in a similar manner. Their feelings of
njtriotism and resentment were aroused, by be-
Lliling the privileges of freemen wantonly in-
vaded, our glorious stars and strijics disregard-
ed and national and individual rights trampled
in the dust. The war was pending. The ne-
cessity for increasing the military force of the
f luntry was obvious and pressing, and the iir-
pint occasion for increased facilities for military
initmction, equally apparent. Sir, it was under
circumstances like these, when we had not only
memiea abroad, but, I blush to say, enemies at
home, that the institution, as at present organ-
ized, had its origin. It will hardly l)C pretended
that it was the original design of the law to
aujrment the number of persons instructed, bc-
vond the wants of the public service. Well, the
fiport of the Secretary shows, that for five years
prior to 1831, the Academy had furnished
eijrhteen supernumeraries annually. A practical
' operation of this character has no sanction in the
Mommendation of Mr. Madison. The report
demonstrates, further, the fr uitf illness and
ii(i/i7i/of this institution, by'showing the fact,
that but two-fifths of those who enter the
Jlcademy graduate, and that but a fraction niore
Ithin one-fifth enter the public service. This if,
Jiiot the fault of the administration of the Acad(
luiy; it is not the fault of the young gentlemen
■who are sent there ; on your present pteace es-
Itablishment there can be but little to stimulate
Ithem, particularly 'n the acquisition of military
lidence. There can hardly be but one object in
Ithe mind of the student, and that would be to
ihtain an education for the purposes of civil life.
lie difficulty is, that the institution has out-
BTedboth the occasion that called it into exist-
■nce, and its original design. I have before re-
arked, that the Academy was manifestly cn-
jged to correspond with the army and militia
Jtuallyto be called into service. Look then
Bra moment at facta, and observe with how
pch wisdom, justice, and sound policy, you re-
tanthe provisions of the law of 1812. Thetotal
tathorized force of 1813, after the declaration of
rar, was 58,254; and in October, 1814, the
oilitary establishment amounted to 62,428. By
Jhe act of March, 1815, the peace establishment
Iras limited to 10,000, and now hardly exceeds

that nnmbcr. Thus you make a m<lurtion i(
iimre thiin r>it.Ono in y.iur actual military forri',
to at'C(iiiiiii<i(|ato thf cx|.ciis('s nf the j:iiv» riiniriit
t'> its wants. And wby ilo yoU n fii.-i' to do tin-
s:iiiu' with your (rriml Hystc'iu of piiMir idncii.
tinii? WiiydiH's tli!'.l rriiijiiti uiichantTi-d ? Wliy
nut reduce it at (tncc, nt Ka^t to the acluiil w:iiits
of the ^cr^'icc, and <lis|iciiM- with your corps o!"
sviHTiiiiincrary lieutenant- .' .*»ir, "there is, tliere
can W' but one aii'-wer to the nuestiou, iiml ilj.it
may Ik? found in the wnrre]K)rt of i>il',i, to whicli
I have lH.'forc had occasion to allude. The Sic-
retary siiys, 'the cadets who cjiniiot bo providid
for in the army will nturn to jirivate life, bi.t
in the event of a war their kiiowled^'e will not
be lost to the country.' Indeed, sir, tluse yoiiii;,'
gentlemen, if they could be iiidiicid to take the
field, would, after a lapse of ten or fifteen years,
conic up from the bar, or it may be the pulpit,
fresh in military scieiiccj and admirably quali-
fied for command in the lace of an enemy. The
magazine of facts, to jirove at the same plan<v
the extravaganco and unfruitfulness of this in-
stitution, is not easily exhausted : but I am ad-
monished by the lateness of the hour to omit
many considerations which I regard as both in-
teresting and important. I will only detain the
committee to make a single statement, jjlacintc
side by side some aggregate results. There has
already been expended upon the institution more
than three millions three hundred thousand ilol-
lars. Between 1815, and 1821, thirteen hundred
and eighteen students were admitted into the
Academy ; and of all the cadets who were ever
there, only two hundred and sixty-five remain-
ed in the service at the end of 1«30, Hei< are the
expenses you have incurred, and the jiroducts
you have realized.

" I leave them to bo balanced by the pople.
But for myself, believing as I do, that the Acad-
emy stands forth as an anomaly among the in-
stitutions of this country ; that it is at variance
with the spirit, if not the letter of the constitu-
■.on under which wj live ; so long as this House
tr'iall deny investigation into its principles antl
practical operation, I, as an individual member,
wit refuse to appropriate the first dollar for its
support."

CHAPTER CXLI.

EXPUNOINO EESOLL'TION-PEKOIJATION OF SEN-
ATOR BENTONS SECOND SPEECH.

" The condemnation of the President, combining
as it did all that illegality and injustice could in-
flict, had the further misfortune to be co-opera-
tive in its effect with the conspiracy o\ the Bank
of the United States to cflcct the most wicked

64G

TllUaV YKAIW VIKW

ainl uiiivLTHul mcIh'Iiic or iniM^hief wiiicli tliv
uiitmlt of iiioik'rn tiiiioM exhibit. It uoh u |ilot
K„'niii><t t)iu povernineiit, and ogninst thu |)r(>-
lK.Tty of the rouiitry. The KovtTumt'nt watt to
l><- iipHi't, and |ir<)|icrty rovolutiotiizcil. Six
liuiiilrt'd barikii woru to Im broken — tho general
t'lirrcncy ruined — niyriodn bankrupted — all bii-
sincxs RtopjH-'d — all property sunk in value—
nil confidunco deHtroyed! tliut out of this wide
hpread ruin and |K!rvadinK diHtrcKs, tho venKofiil
institution might glut itH avarice and ambition,
trample upon the i'resident, take poHsession of
tho government, reclaim its lost deposits, and
iKTpetuatc its charter. These crimes, revolting
and frightful in tliemHelves, were to bo accom-
I'lishcd by the peri)etration of a wholo systora
of subordinate and subsidiary crime! thoiKioplo
to bo deceived and excited ; the President to bo
calumniated ; the ctfects of tho bank's own con-
duct to bo charged upon him ; meetings got up ;
business suspended ; distress deputations or-
ganized ; and the Senate chamber converted into
a theatre for the dramatic exhibition of all this
fictitious woe. That it was tho deep and sad
misfortune of tho Senate so to act, as to bo co-
operative in all this scone of mischief, is too fully
proved by tho facts known, to admit of denial.
I speak of acts, not of motives. Tho effect of
the Senate's conduct in trying tho President
and uttering alarm speeches, was to co-operato
with the bank, and that secondarily, and as a
subordinate performer; for it is incontestable
that the bank began tho whole affair ; tho little
bix»k of fifty pages proves that. The bank be-
gan it ; the bank followed it up ; the bank at-
tends to it now. It is a case which might well
be entered on our journal as a State is entered
against a criminal in tho docket of a court : the
Bank of the United States versus President
Jackson : on impeachment for removing tho de-
posits. The entry would bo justified by tho
fact J, for these are tho indubitable facts. The
bank started the accusation ; tho Senate took it
up. The bank furnished arguments; the Se-
nate used them. The bank excited meetings ; the
Senate extolled them. The bank sent deputa-
tions ; the senators received them with honor.
The deputations reported answers for the Presi-
dent which he never gave; thf Senate repeated and
enforced these answers. Hand in hand through-
out the whole process, the bank and the Senate
•cted together, and succeeded in getting up tho

most serious ami aitlu-ting panic eirpr kiiowii ,■
this country. Tlio whole country wuh iiL-n^t, ;
Cities, towns, and villapes, tlio entiiv C(jtit,ip
and the wlioli- earth swnifd to be in cfiinnii.ti „
against one man. A revolution wan pro< Uin,, ,]
tho ovcrtlimw of all law was HniiuunrKJl ||,
substitution of one nian'.< will fir tho Toirx> /,f
tho whole government, was daily iissijrtcij ! t! ,
public sense was astounded and l>e\vililiri(l «itr
dire and jKirtentous annunciations ! In ti,„
midst of all this machinery of alarm and diHin ,
many good citizen.4 lost their reckoning'; hj,. .
bio heads went wrong ; stout hearts (jimikMl ; ,,ii I
friends gave way ; temporizing counstls came in ;
and tho solitary defender of hi,s conntrj w».
urged to yield ! Oh, liow much depended ui*
that one man at that dread and awful puini of i
time ! If he had given way, thtn all wa« gmn.:
An insolent, rapaciouH, and revengeful institii.!
tion would have been installed in Bovini.nl
power. The federal and State government.', iLt
Congress, tho Presidency, the State legisltttun^, I
all would have fallen under the dominion of the I
bank; and all departments of the govcmmfnti
would have been filled and administered by tin
debtors, ])en8ioner8, and attorneys oi tliat in-l
stitutlon. IIo did not yield, and tho countrrl
\fR» saved. Tho heroic patriotism of one maal
prevented all this calamity, and saved the Re-I
public from becoming the appendage and lief off
a moneyed corporation. And what has been)
his reward ? So far as the people are conecnuil,
honor, gratitude, blessings, everlasting bcnedir-
tions ; so fur as tho Senate is concerned, di.i.|
honor, denunciation, stigma, infamy. And m\
these two verdicts stand ? Sliall our joumall
bear tho verdict of infamy, while the hearts of I
the people glow and palpitate with tho vcrdict|
of honor ?

" President Jackson has done more for tli;!
human race than the whole tribe of politi-j
cians put together ; and shall ho remain Etignii-
tizcd and condemned for the most glorious actiod
of his life ? The bare attempt to stigmatize .Mr|
Jefferson was not merely expunged, but cutoulj
from the journal ; so that no trace of it remaix
upon tho Senate records. The designs arc tin
same in both cases ; but the oggravations vA
inexpressibly greater in the case of PrcsidenI
Jackson. Referring to the journals of tho Iloui
of Representatives for tho character of the at]
tempt against President Jefferson, and the i

ANNO lH3rt. ANDUKW JArKSOX, lUKslbKNT.

C47

tlllii'tinK pAtiic «vrr known ;;

wholu country wan ui:iia(, ;

1 villapt'H, Uio ciitiiv ciniiitr
III »itnH<l til Ik- ill fiiinmi.ti i

A rt'volutioii wuH jiroi l.iiiu. i
hII Inw WM Hiiiioiinn i| I ti-
ne iimn'.s will fir the voiif .f
[iiciit, will* <lttily iinsi.'it('il I ti ,.
a«touiiileil an<l iKiwililvniUnn I
touH annunciations t In t'li"
nachinery of ulnrin nnd diditi .
n.H lost tht'ir ri'ckoninj:; Hii-.
Tong } Ktout hearts (juaik'il ; oil I
; temporizing counsels canit in ;
r defender of his country wiJ
Oh, how much depended up n
that dread and awful point of
1 piTcn way, thtn all was gom'.l
pacioiin, and revenfceful institu- 1
'0 been installed in eovcnb
lerul and State government?, the |
residency, the State legiskturw.
fallen umlcr the dominion of the I
departments of the government I
n lilkd and administered by tli;|
ners, and attorncya of tliat in-
did not yield, and the country I
10 heroic patriotism of one iriajl
his calamity, and saved the Kc-I
oming the appendage and iiifotl
■poration. And what has bcenl
;o far as the people are concctnull
J, blessings, everlasting bcnef.ic-f
s the Senate is concerned, dis.!
ition, stigma, infamy. And fhilll
iicts stand 1 Shall our joumall
of infamy, while the hearts of I
V and palpitate with the verdict!

Fackson has done more for th(|
lan the whole tribe of politi'
her; and shall ho remain Btigmi
'mned for the most glorious action
he bare attempt to stigmatize MrJ
not merely expunged, but cutout!
al ; BO that no trace of it remiu:
;o records. The designs arc tl
cases; but the aggravations w
rrcatcr in the case of Presidenj
rring to the journals of the llous
ivcs for the character of the al
President Jefferson, and the

»«« for repulsing it, and it i« Men that tin-

^iitniit wait made to criminate Mr. .lellcpioii,

pi tu chargo him u|)on the journals with a

n>!«tiun uf the lawx ; and tliat thin attempt was

pti'i' -kt a time, and umler cireunistaiices in^iili-

,,iv calculated to excite unjust suspiciou in

I f^ niiudi of the |it'oplu against the Chief .Magis-

t,-ite, Such was precisely the charaeter of the

iwrifi' '< ^" ' *''" effi-ct of the charge nf,'ainHt

1 ^liiiJtnt Jackson, with the dilfert iice only lliat

I i^ pruoediug against President Jackson, was

Qtnr ten thousand limeH more revolting and

HDiraTatcd; commencing ha it did in the Itank,

lorriwlon by a violent political party, prosecuted

1 10 M.'ntenco and condemnation ; and calculated,

I [.'believed, to destroy the President, to change

lti)etiIministration,aud to put an end to popular

Uprcjcutativo government. Yes, sir, to put an

1(0(1 to elective and representative government!

hjr wliat are all the attacks upon President

Ijackson's administration but attacks upon the

lutople who elect and re-elect him, who approve

lb administration, and by approving, make it

Itheirown ? To condemn such a President, thus

liupported. is to condemn the pople, to condemn

llbe dcctive principle, to condemn the funda-

leDtal principle of our government; and to

tiublish the favorite dogma of the monarchists,

lit the i)oople are incapable of self-government,

ind will surrender themselves as collared slaves

|Dto the hands of military chieftains.

"Great are the services which President

jlickson has rendered his country. As a Gcne-

>l he has extended her frontiers, saved a city,

learned her renown to the highest pitch of

lory. Ilia civil administration has rivalled and

ascended his warlike exploits. Indemnities

irocured froir* the great powers of Europe for

foiiAtions committed on our citizens under

ler administrations, and which, by former

ninlstrations were reclaimed in vain ; peace

1 friendship with the whole world, and, what

f more, the respect of the whole world ; the

icter of our America exalted in Europe ;

I exalted that the American citizen treading

continent of Europe, and contemplating

e sudden and great elevation of the national

icter, might feel as if he himself was an

ed feet high. Such is the picture abroad !

; home we behold a brilliant and grateful

e; the public debt paid, — taxes reduced, —

gold ciuToncy restored, — the Southern

Staler nleiuMiI fnim a iist'U>sii and d«npTi>us
|)<)piilatiiiii,— all diKturhihg «|ueslicins Mttlcd,—
a jtipintie moiuytd in>liliiti<»n npiiI-i-<! in itn
nmivh to the rompicst of the goveninit nt,— tliu
hi^liest pii>s|Mrity attained, — and the Hero
Patriot now erownini; the list of liis ulc.rioi*
serviros by ( oveiini; his country with the panoply
of <lef('iiee, anil consiiminatlii;; his niciiHiires f r
the re.-toration and pres<rvatiou of the iiiricner
of the constitution. AVe have had lirllliant au'l
pn)si)i'rous ailministmtion-" ; but that of Pn'>i-
(lent Jackson eclipses, surpassts, and casts into
the shade, all that have preceded it. And is
ho to be branded, stij-'iuatized, comh nnud, un-
justly and untruly coMileinned ; and the records
of the Senate to bear tlio evidence of this out-
rage to the latest posterity ? Shall this Presi
dent, so glorious in peace and in war, so suctesi-
ful at homo and abroad, vthose administration,
now, hailed with applau.-e and gratitude by the
people, and destined to shine for unnundjcred
ages in the political firmament of our history !
shall this President, whose name is to live for
ever, whose retirement from life and services
will bo through the gate that leads to the tem-
ple of everlasting fame; shall he go down to
posterity with this condemnation o^jon him ;
and that for the most glorious action ol his life ?

" Mr. President, I have some kuowludge of
history, and some acquaintance with the dangers
which nations have encountered, and from
which heroes and statesmen have saved them.
I have read much of ancient and modem his-
tory, and nowhere have I found a parallel to
the services rendered by President Jackson in
crushing the conspiracy of the Bank, but in the
labors of the Roman Consul in crushing the
conspiracy of Catiline. The two conspiracies
were identical in their objects; both directed
against the government, and the property of
the country. Cicero extinguished the Catili-
narean conspiracy, and saved Rome ; President
Jackson defeated the conspiracy of the Rank,
and saved our America, llieir heroic servictf
was the same, and their fates have been strange-
ly alike. Cicero was condemned for violating the
laws and the constitution ; so has been President
Jackson. The consul was refused a hearing in his
own defence: so has been President Jackson. The
Ufe of Cicero was attempted by two assassins ;
twice was the murderous pistol levelled at our
President. All Italy, the whole Roman worhl,

G48

TIIIKTY YKAW VIEW.

bon- CictTD to t)iv Cniiltol, tti'l tore the wntenw ,
<'ftln'c<»nsijrHcoiiiUintmli<iii from lUv fmili of the
rcpiiltlic: a iiiillioti of Atiu'iicikiH, rtthirM ami
Iii'wIn of ruiiiilii'M, tiow ilcmami tlic cxpiiririition of
till' m-iili'iicu itKikiimt thn I*n'«iilfiit. t'i(vn), ful-
lowi'il liy all tliut wa.s virtuoiiM in Home, n'|tuiri'«l
t>i (lu- t('in|ilu of the tiitcliiry pxlx, nml Hworv
ii|ioii the ullar that hu hail Havud hit* country:
l'ri.'Hi(k-nt JuckNoii, in tliu teir.plu a** i. o living
<i(mI, nii);ht take the Hnme oath, ami >'< ' itN re-
HiioiiHu in the hearts of millions. Nor Nhall the
parallel stop here ; hut after timuH, ami remote
poHteritioH shall render tliu wuno honors tu
each. Two thouHiimi yonrH Imvo paHsed, and
tiiu threat actions of tho coii.huI arc fresh and
preen in history. The school-boy learns them ;
tlie patriot studies them ; tho Htatefiman applies
them : so shall it bo with our patriot President.
Two thousand years hcneo, — ten thousand, —
nny, while time itself shall Ia8t, for who can
contemplate tho time when tho memory of this
republic shall bo lost ? whilo timo it.self shall
last, thonamo and fumo of Jackson shall remain
and ilourish ; and this last great net by which
ho saved tho government from subversion, and
property from revolution, shall stand forth as
tho seal and crown of his heroic services. And
if any thing that I myself may do or say, shall
Hurvirc tho brief hour in which I livo, it will
1)6 tho part which I havo taken, and tho efforts
which I havo mado, to sustain and defend the
great defender of his country.

" Mr. President, I havo now flnishcd tho view
which an imperious sense of duty has required
mo to take of this subject. I trust that I havo
proceeded upon proofs and facts, and have left
nothing unsustaincd which I feel it to bo my
duty to advance. It is not my design to repeat,
or to recapitulate ; but there is one further and
vital consideration which demands the notice
of a remark, and which I should bo faithless to
iho genius of our government, if I should pre-
termit. It is known, sir, that ambition for
office is tho bane of free States, and the conten-
tions of rivals the destruction of their country.
These contentions lead to every species of in-
justice, and to every variety of violence, and
all cloaked with tho pretext of the public good.
Civil wars and banishment at Rome ; civil wars,
and tho ostracism at Athens ; bills of attainder,
Ftar-chomber prosecutions, and impeachments
in England; all to get rid of some envied, or

hated riral, and all prvtoxtrd with ihp p,»,;^,
ftowl : Huch haji Wen iIms hiMtnry of fr^^ v,^,^ I
for tw(» thousand yfar4. The wise nun wi
frame<l our couKtitiition were well awarrof
thiH dani;er and all this mischief, and tiH.k nf.,
tual care, a« they thought, to guord apm,., , |
lianinhment, the oHtraeism, tho »t«rHliiinii. .
prosecutious, billH of attainder, all fl,ov mi,,
mary and violent modes of himtini; (i„wri ,.
rival, whifh deprive tho victim of (|(f,.,|p,.
dipriviii^ him of tho intervention of nu ,,,, j
ing iKxly to staml between tho accuser mil i .
tryiPK liody; all these are proHcrilicd l,vi(„.
genius of our constitution. IniixwlinKtitj
alone arc {HTUiitted; and these woiilil ni.,.||
usually occur for political oflena>s, and k' , f j
character to enlist the passions of many, ai/
to agitato tho country. An cfl'ectual f^imrd.
was supposed, was provided against the alin
of the impeachment power, first, by rcqiiiriii!;i
chargo to bo preferred by tho House of HqisJ
sontatives, as the grand Inquest of tlio nation/
and ne.rt, in confining tho trial to tho Snaie,
and roqiiiring a minority of two-thirds to rn
vict. Tho gravity, tho dignity, tho ago of tl*
senators, and tho groat and various powers viiij
which they wore invested — greater and mn
various than are united in tho same pcrtoiu
under any other constitutional government iipoJ
earth — these were supposed to mako the ScnitJ
a safe depository for the impeachment power]
and if the plan of tho constitution is fcdldwuf
out it must be admitted to bo so. But if i
public officer can be arraigned by his rinl^
before the Senate for impeachable offences with.
out the intervention of the House of Itcprcseiv
tativcs, and if he can be pronounced guilty bjj
a simple majority, instead of a majority of t«oj
thirds, then haa the wholo frame of our goTen
ment miscarried, and the door left wide opent^
the greatest mischief which has ever afflicted
the people of free States. Then can rivals i
competitors go on to d<) whnt it was intcidi
they should nerer do ; accuse, denounce,
demn, and hunt down each other ! Great I
been the weight of the American Senate. Tin
wa8 when its rejections for office were fatal I
character ; time t« when its rejections are ratlx
passports to public favor. Why this Bad i
ominous decline 1 Let no one deceive Uimt
Public opinion is the arbiter of character i
cur enlightened day ; it is the Areopagus f

ANNO IsntV ASnnKW JAfKSfJX. riUMDKNT.

C40

ill prfUrxti'd with the puM^
wn llw hUtnry <>f frro »>t,i„
i yfurn. The wIms min »i ,
itution wen' well owarr of i,;
ill thia mifchicr, aniltiH>k itfr.
r thought, to inian) a).'nin>i i
t oatrRclKtn, the Ktar-<Uml.<
Im of attaimlor, all «1ioh' Him
lit inoclcB of huiilini; dcmn J
)rivo the vU'thn <>f Mvury
r the Intervention of an i n
111 between the acciisir mil t ,
]\ thewj aro pro^rrilnid l.yi!,
' conntitution. IniiH'ttchnun:
nitted; and these would ni..'tl
jr political oflences, and !>« . i
list the paaniona of many, an
Runtry. An effectual pianl.
was provided against the aliu
ment power, first, by requiriii!; _
referred by the lloiisc of Uiprf.
ho grand Inquest of the nation
mflning tho trial to the S.'mi
a miyority of two-thirds to w
,vity, tho dignity, tho ago of tl
ho great and various powcn witl
vero invested— greater and mo
are united in tho same pcrwi
cr constitutional government iipo
rcre supposed to make the Scmi
iry for the impeachment power
of tho constitution is follow
^ admitted to bo so. But if
can bo arraigned by liis rival
ittte for impsachablo offences witl
entionof tho House of UcprcKi
he can be pronounced guilty bi
rity, instead of a majority of twr
aa the whole frame of our goTer
ed, and the door left wide openti
lischicf which has ever afflirt
free States. Then can rivals
on to do wlmt it was intern
leyer do; accuse, denounce,
mnt down each other! Great
ht of the American Senate. T
rejections for office were fatal
ne t» when its rejections are rat!
mblio favor. Why this sad i
no t Let no one deceive hims
»n is the arbiter of char«ct<r
day ; it is the Areopagus

(It th<''v is no appeal! That arbltrr luu* the author of ihr ivlirmr— Imd iti'nxliici'tl it at
.i«m<T<l atfalnat tlw ."v-natc. It ban MiMaimfl mvrrnl w*. ion*— and now niu-w. .1 u. Mr. \Vv\y
prfiMUiil, an<l c*>ndt'nin«'<l tho Scnnti*. If >-ti r al-o mmii' a | ni|i«i«itiiiiil<Hli("iniiiMffirt at
U tu^uiiie*! tlic Sonutt', the I'n'xidont nui«t thii* mmiiiin. It wan th« nutiinitr <>f the pri>Hidt'n-
iMn ruined! aH it hait not, the .Senate tialrloitioii; nrxt ^rrent calnilittixiift wi n■llln>le>>y
lt be ruined, if it pcmcvere* in It r'.ar«»«, the party which fuvund th- iliKirH>u'i'in u|Min
|-,n< on to bravo public opinion!— a.H an in- il.-t effict in aildinn to tluir |mpiilnrily, .Mr.
^tiDO, it tnuKt bo ruined! j Clay limited lii«planof(lip<tiil,uti(,n tofh.-yeiiix j

but the liniitntiun \\m justly coiiAiili nd a^ no-
thing— aM a nuTC nieaiiH of Ujjiiniin;: the »<y«t«'in
of theKO dlNtriliutioiiK — which imce lH(;!in. wiiiild
go on of tluinM'lves, w bile our preHidinliul ilec-
tiouH continued, and any thing to divide could
1)0 fouml in the treanury. .Mr. Heiiton ()|i|i(k< d
the whole scheino, and confronted it with a pro-
position to devote tho surplus revenue to the

CHAPTKll CXLII.

pijTRllll'TtON OP TIIK LAND nKVENUH

kt iTcat loss of tho bank has been in tho
filiation of the securities ; and tho only way
[tRiin a capital is to rcstoro their value. A
^portion of them consiKts of State stocks,
itii are so far bolow their intrinsic worth that
L present prices could not have been antici-
1 bv any reasonable man. No doubt can
Idtertained of their ultimate payment. The
themselves, unaided, can satisfy every
1 against them ; they will do it speedily, if
adopt tho moasurcH contemplated fur
relief. A division of tho public lands
ngtho States, which would enable thorn all
iv their debts — or a pledge of tho proceeds
|ttles for that purpose — would bo abundant
lity. Either of these acts would inspire
lidence, and enhance tho value n( all kinds
loperty." Thia paragraph appeared in tho
idelphia National Gazette, was attributed
[llr. Biddle, President of the Bank of the
States; and connects that institution
Ul the plans for distributing tho public
1 money among the States, either in the
(of a direct distribution, or in the disguise
Uposit of the surplus revenue ; and this for
jpurpose of enhancing the value of the State
I held by it. That institution was known
^Te interfered in the federal legislation, to
lote or to baffle the passage of lawc^ as
1 to bo favorable or otherwise to her in-
s;and this resort to the land rc-vwiue
igh an act of Congress was an emlneut in-
i of the spirit of interference. This dis-
had become, very nearly, a party
e; and of the party of which the bank
I member, and Mr. Clay the obkf. He was

purimses of national defenee ; thereby making
an issue, as he declared, l>etween the plumler of
tho country and the defeiico of tho country.
lie introduced uu antagonistic bill, ii.h he termed
it, devoting tho surplus moneys to the public
defences ; and allowing by reports from the war
and navy departments that feveii millions a
year for fifteen years would bo retjuired for tho
completuui of the naval difince-x, aiul thirty
millions to complete tho military defences j of
which nine millions per annum could bo benell-
cially expended ; and then went on to say :

" That the reports from which ho had read,
taken together, presented a complete pysteni of
preparation for tho national defence ; every nrni
and branch of defence was to be provided lor ; nn
increase of tho navy, including steamships ; aj)-
propriate fortifications, including steam batter-
ies ; armories, foundries, arsenahi, with ample
supplies of arms and munitions of war ; an in-
crease of troops for tho West and Northwest ;
a line of posts and a military road from the Ked
River to ths Wisconsin, in tne rear of the scttie-
mcnts, and mounted dragoons to scour the
country ; every thing was considered ; all was
reduced to system, and a general, adequate, and
appropriate plan of national defence was pre-
sented, sutficicnt to absorb all the surplus re-
venue, and wanting nothing but tho vote of
Congress to carry it into etl'ect. In this great
system of national defence the whole Union was
equally interested ; for the country, in all that
concerned its defences, was but a unit, and every
section was interested in tho defence of every
other section, and ever}' individual citizen was
interested in the defence of the whole popula-
tion. It was in vain to sa^y that the navy was
on the sea, and the fortifications on the seaboard,
and that the citizens in the interior States, or
in tho valley of tho Mississippi, had no interest
in these remote dcfvnccb. Such on idea woa

620

TIIIUTY YEARS' VIEW.

mistaken and deliisivo. The inha1)iUnt of Mis-
tiuiiri and uf Indiana had a direct interest in
kwpinp; oiK;n tlio nioiithH of the rivers, defending
the seaport towns, and preserving a naval force
tiiat woiii(i protect the proiluco of his labor
in cronsing tlio ocean, and arriving safely in
foreiprn iiiurkets. All the forts at the mouth
of the Mississippi were just as much for the
bonelit of the western Slates, as if those
States wore down at the mouth of that river.
So of all the forts on the Gulf of Mexico. Five
forts are completed in the delta of the Missis-
Fippi ; two are completed on the Florida or
Alabama coast ; and seven or eight more are
projected; all calculated to give security to
western commerce in passing through the Gulf
of Mexico. Much had been done for that fron-
tier, but more remained to be done ; and among
the great works contemplated in that quarter
were larp;e establishments at I'ensacola, Key
West, or the Dry Tortugas. Large military and
naval stations were contemplate*' - ^ these points,
and no cxpunditiuc or prcparuw.jns could exceed
in amount the magnitude of the interests to be
protected. O n the Atlantic board the commerce
of the States found its way to the ocean through
many outlets, from Maine to Florida; in the
West, on the contrary, the whole commerce of
the valley of the Mississippi, all that of the Al-
abama^ of western Florida, and some part of
Georgia, passes through a single outlet, and
1 caches the ocean by passing between Key West
and Cuba. Here, then, is an immense commerce
collected into one channel, compressed into one
line, and passing, as it were, through one gate.
This gives to Key West and the Dry Tortugas
an importance hardly possessed by any point on
tlie globe; for, besides commanding the com-
merce of the entire West, it will also command
that of Mexico, of the West Indies, of the Carib-
bean sea, and of South America down to the
middle of tiiat continent at its most eastern pro-
jection, Cape Roque. To understand the cause
of all this (Mr. B. said), it was necessary to
look to the trade winds, which, blowing across
the Atlantic between the tropics, strike the
South American continent at Cape Roque, fol-
low the retreating coast of that continent up
to the Caribbean sea, and to the Gulf of Mexico,
creating the gulf stream as they go, and by the
combined effect of a current in the air and in the
water, sweeping all vessels from this side Cape
Roque into its stream, carrying them round west
of Cuba and bringing tbem out between Key
West and the Havana. These two positions,
then, constitute the gate through which every
thing must pass that cornea from the valley of
the Mississippi, from Mexico, and from South
America as low down as Cape Roque, As the
masters of the Mississippi, we should be able to
predominate in the Gulf of Mexico ; and, to do
so, we must have great estabhshments at Key
West and Pensacolo. Such establishments are
now proposed ; and every citizen of the West
should look upon them as the guardians of his

own immediate interests, the indispensable t
guard to his own commerce ; and to him *■
highest, most sacred, and most beneticial ot J
to which surplus revenue could \k' apjjlit,]
Gulf of Mexico should be considtred gfi j),, J
tuary of the Mississippi. A naval and mill J
supremacy should be established in that n
cost what it might ; for without thatsH])!^.,
the commerce of the entire AVest would iH
the mercy of the fleets and privatters of iniulj
powers. 1

"Mr. B. returned to tlio immediate (i\tm\
his remarks — to the object of showing that J
defences of the country would absorb eTerr^J
plus dollar that would ever be found inthciJ
sury. He recapitulated the aggregates of til
heoids of expenditure ; for the navy, about f J
millions of dollars, embracing the increaw [
the navy, navy yards, ordnance, and n pain I
vessels for a series of years ; for fortificatJ
about thirty millions, reported by the cn-irj
department ; and which sum, after reducing]
size of some of the largest class of frrts, not]
commenced, would still be large enougli, J
the sum reported by the ordnance dcpartmJ
amounting to near thirty millions, to malJ
totality not much less than one hundred milji J
and far more than sufficient to Bwaliovup]
the surpluses which will ever be found toei
in the treasury. Even after deducting ml
from these estimates, the remainder will stilf
bej'ond any surplus that will actually be fol
Every person knows that the present yearijj
criterion for estimating the revenue ; excess
paper issues has inflated all busmcss, and 1
excess in all branches of the revenue; nesty
it will be down, and soon fall as much bel
the usual level as it now is above it. Moretl
that ; what is now called a surplus in the t
sury is no surplus, hat a mere accumuiitioal
want of passing the appropriation bills, f
whole of it is pledged to the bills which!
piled upon our tables, and which we cannot!
passed ; for the opposition is strong cnongi
arrest the appropriations, to dam up the mof
in the treasury ; and then call that a surj
which would now be in a course of expendituij
the necessary appropriation bills could be p

"The public defences will require nesrj
hundred millions of dollars; the annualanol
required for these defences alone amouiii
thirteen or fourteen millicfns. The engi
department answers explicitly that it can t
ficially expend six raillions of dollars anntu
the ordnance that it can beneficially eipj
three millions ; the navy that it can benefii
expend several millions ; and all this for* s
of years. This distribution bill has five jl
to run, and in that time, if the money is afJ
to defence instead of distribution, the great r
of national defence will be so far compleiej
to place the United States in a condition too
her rights and her interests, her flag amlj
soil, to be honored and respected by the«
world."

ANNO 1S30. ANDREW JACKSON', I'KIvSIDENT.

6.11

ate interests, the indisjicnsable <
J o\N-n commerce; ami to him ,
st sacred, and most benetici»l o J
rpliis revenue could U' apiilic'l. t
xico should be considereil &« tho,
I Mississippi. A naval and miliij
should be established in thati
, might ; for without that supn-iu,
■ce of the entire AVest would iJ
)f the fleets and privateers of mm

returned to tho immediate objwij
I — to the object of showing that |
the country would absorb every s,
that would ever be found in thetn
recapitulated the aggregates of tin
penditure ; for the navy, about ft
dollars, embracing the incrta«l
navy yards, ordnance, and rcpairij
a scries of years ; for fortiiicatiof
y millions, reported by the cnpJ
t ; and which sum, after rcducins]
fi of the largest class of frrts, not]
J, would still be large enougli, J
sported by the ordnance dcpartmJ
to near thirty millions, to mak?
t much less than one hundred millioj
)re than sufficient to 8wallo\'up
ses which will ever be found tot
iasurv. Even after deducting il
» estimates, the remainder will still
y surplus that will actually be fod
»n knows that the present yearisj
)r estunating the revenue ; excea
es has inflated all business, and W
ill branches of the revenue ; ncxtj
down, and soon fall as much be
level as it now is above it. Moret
it is now called a surplus in thet
surplus, hat a mere accumuljiionj
assing tho appropriation bills, f
it is pledged to the bills which I
I our tables, and which we cannotj
)r the opposition is strong cnongij
appropriations, to dam up the w
usury ; and then call that a sai
lid now be in a course of expenditu^
ary appropriation bills could be pad
lublic defences will require near I
aillions of dollars ; the annual amoj
for these defences alone an
or fourteen millions. The e\
at answers explicitly that it can I
nend six millions of dollars annii
»nce ttat it can beneficially a
ions ; the navy that it can knefit
veral millions ; and all this for as
This distribution bill has five i
id in that time, if the money is api
i instead of distribution, the great)
al defence will be so far complcts
he United States in a condition too
and her interests, her flag arf
honored and respected by the^

\^ bill was passed in the Senate, though by
|,j,e wmcwhat close — 25 to 20. Tho yeas

Lrtfrg. Black, Buchanan, Clay, Clayton,
iiifnden. Davis, E wing of Uhio, Qoldsburough,
jiricks, Kent, Knight, Leigh, McKean, Alaii-
(^ Swidain, Nicholas, Porter, Prentiss, Pres-
^Kiitibins, Southard, Swift, Tomliuson, Web-
_f White.

fvivs.— Messrs. Benton, Calhoun, Cuthlwrt,
W of Illinois, Grundy, Hill, Hubbard. King
Ijjibania, King of Georgia, Linn, Moore, Mor-
3, Rives, Bobinson, Buggies, Shepley,
^, Walker, Wright

jfjDg sent to the Hou-se for concuiTcnce it

. evident that it could not pass that body ;

1 the friends of distribution in the Senate

jnpon a new mode to eflect their object, and

^form to gain tho votes of many members

(held distribution to be a violation of the

dilution— among them Mr. Calhoun ; — who

k the lead in tl movement. There was a

Ibefore the Sem.tp io regulate tho keeping of

I public moneys in the deposit banks ; and

Lf as turned into distribution of the surplus

c moneys with the States, in proportion to

jtpresentation in Congress, to be returned

1 Congress should call for it : and this was

j a deposit with the States; and the faith

(States pledged for returning the money.

Ideposit was defended on the same argument

fhich Mr. Calhoun had proposed to amend

lonstitution two years before ; namely that

I was no other way to get rid of the surplus.

Ilo a suggestion from Mr. Wright that the

jtrs, when once so deposited might never be

1 again, Mr. Calhoun answered :

I the senator from New-York objects to
£ure, that it would, in eflect, amount to
hbution, on the ground, as he conceives,
be States would never refund. He does
|[iiibt but that they would, if called on to
1 by the government ; but ho says that
ess will in fact never make the call. Ho
{this conclusion on the supposition that
jfould be a majority of the States opposed
He admits, in case the revenue should
deficient, that the southern or staple
I vould prefer to refund their quota, rather
[to raise the imposts to meet the deficit ;
K insists that the contrary would be the
riththe manufacturing States, which would
I to increase the imposts to refunding their
loathe ground that the increase of the
I vould promote the interests of manufac-
I cannoi agree with the senator that
iSuies would assume a position so utterly

I untenable as to refuse to refund a dejwsit whicli

; their faith would be plighttd to return, nn.l ivn
the refusal on the ground of prfftriin- to l.iv
a tax. because it would U-a bonntv to tlioin aiwl
w-ould consequently throw tiie whole l.nrdt'U of
the tax on the other States. But, l.c this as it
may, I can tell the Bcn-iiui- tlmt. if tlity td.oubl
take a course so unjust and iiion.stnjiis, lie mav
bo assured that the other ,Stafe« would most

I unquestionably resist the incrciise (if the imposts ;

I so that the government would have to Uiko its
choice, either to go without the money. <.r cull
on the States to refund the deposits."

Mr. Benton took nn objection to this scheme of
deposit, that it was a distribution under a false
name, making a double disposition of the same
money ; tliat the land money was to be distributed
under the bill already passed by the Senate : and
he moved an amendment to except that money
from the operation of the deposit to be made with
the States. He said it was hardly to be supposed
that, in the nineteenth century, a grave legisla-
tive body would pass two bills for dividing the
same money; and it was to save the Senate
from the ridicule of such a blunder that he called
their attention to it, and proposed the amend-
ment. Mr. Calhoun said there was a remedy
for it in a few words, by adding a proviso of ex-
ception, if tho land distribution bill became a
law. Mr. Benton was utterly opposed to such
a proviso — ^a proviso t> take effect if the same
thing did not become law in another bill. Mr.
Morris aho wished to know if the Senate was
about to make a double distribution of the same
money ? As far it respected the action of the
Senate the land bill was, to all intents and pur-
poses, a law. It had passed the Senate, and they
were done with it. It had changed its title
from "bill" to "act." It was now tho act of =
the Senate, and they could not know what dis-
position the House would make of it. Mr.
Webster believed the land bill could not pass
the House ; that it was put to rest there ; and
therefore he had no objection to voting for the
second one: thus admitting that, under tho
name of '• distribution " the act could not pass
the House, and that a change of name was indis-
pensable. Mr. Wright made a speech of state-
ments and facts to show that there would be no
surplus; and taking up that idea, Mr. Benton
spoke thus :

" About this time two years ago, the Senate
was engaged in proclaiming the danger of a
bankrupt Treasury, and in proving to the peo<

652

THIRTY YEARS' VIEW.

pic that utter ruin must ensue from the removal
of the deposits from the Bank of tho United
Btates. The same >Scnatc, nothing abated in
confidence from the failure of former predictions,
la now engaged in celebrating the prosperity of
the country, and proclaiming a surplus of forty,
und fifty, and sixty millions of dollars in that
iiamo Treasury, which so short a time sinco
they thought was going to be bankrupt. Both
occupations are equally unfortunate. Our
Treasury is in no more danger of bursting from
distension now, than it was of collapsing from
depletion then. The ghost of the panic was dri-
ven from this chamber in May, 1834, by the re-
port of Mr. Taney, showing that all tho sources
of the national revenue were in their usual rich
and bountiful condition ; and that there wa^ no
danger of bankruptcy. Tho speech and state-
ment, so brief and perspicuous, just delivered by
the senator from New York [Air. Wright], will
perform the same office upon the distribution
spirit, by showing that the appropriations of the
session will require nearly as much money as
the public Treasury will be found to contain.
The present exaggerations about the surplus n-ill
have their day, as tho panic about an empty
Treasury had its day ; and time, which corrects
all things, will show the enormity of these errors
which excite the public mind, and stimulate the
public appetite, for a division of forty, fifty, and
sixty millions of surplus treasure."

The bill being ordered to a third reading, with
only six dissenting votes, the author of this
View could not consent to let it pass without
an attempt to stigmatize it, and render it odious
to the people, as a distribution in disguise — ^as a
deposit never to be reclaimed; as a miserable
evasion of the constitution ; as an attempt to
debiiuch the people with their own money ; as
plundering instead of defending the country;
as a cheat that would only last till the presiden-
tial election was over ; for there would be no
money to deposit after tho first or second quar-
ter ;— and as having the inevitable effect, if not
the intention, to break tho deposit banks ; and,
finally, as d'sappointing its authors in their
schemes •■>. popularity: in which he was pro-
phetic ; as, out of half a dozen aspirants to the
presidency, who voted for it, no one of them
ever attained that place. The following are
parts of his speech :

" I now come, Mr. President (continued Mr.
B.), to the second subject in tho bill — the dis-
tribution feature — and to which tho objections
are, not of detail, but of principle ; but which
objections are so strong, in tho mind of myself
and some friends, that, far from shrinking from
tho contest, and sneaking away in our little
lumority of six, where we were left last even-

ing, we come forward with unabated rtir,
to renew our opposition, and to gjin,,!
dissent; anxious to have it known t! >
tended to the last against the ecducn.
measure, specious to the view, and teir ,
the taste, but fraught with mischief and f
consequences to the character of this m^
ment, and to the stability and harmony oil
confederacy. " |

"Stripping this enactment of statntnrr
biage, and coUeciing the provisions of the I
tion into a single view, they seem to be td
1. The public moneys, above a specific suttl
to be deposited with the States, in a ivJ
ratio ; 2. The States are to give ccrtificaJ
deposit, payable to the United States • bul
time, or contingency, is fixed for the pavij
3. The Secretary of tho Treasury is to 4li1
assign tho certificates, limited to a ratable J
protion of each, when necessary to meet a
priations made by Congress ; 4. The ceriifij
so assigned are to bear an interest of Hf J
cent., payable half yearly ; 5. To bear no j
rest before assignment ; 6. The principal i
payable at the pleasure of the State.

"This, Mr. President, is the enactment!
what is such an enactment ? Sir, I will i
what it is. It is, in name, a deposit; in foJ
loan; in essence and design, a dlstribj
Names cannot alter things ; and it is as ii
call a gift a deposit, as it would be to call a|
of the dagger a kiss of the lips. It is a L
bution of the revenues, under the nanie]
deposit, and under the form of a loan.
known to be so, and is intended to besot
all this verbiage about a deposit is nothinjf
the device and contrivance of those who]
been for years endeavoring to distributal
revenues, sometimes by tho land bill, somel
by direct propositions, and sometimes br]
posed amendments to the constitution. M
all these modes of accomplishing tlie ohjecj
and frustrated by the constitution, theyfi
this invention of a deposit, and exult in the]
cess of an old scheme under a new name.
it is no deposit, but a free gift, aiid a
distribution, is clear and demonstrable, noti
from the avowed principles, declared intcnl
and systematic purposes of those who co|
the bill, but also from the means devised I
feet their object Names are nothing. |
thing done gives character to t ae transv
and the imposition of an erroneous namea
change that character. This is no deposif
has no feature, no attribute, no characte
no quality of a deposit. A deposit is a I
requiring the consent of two parties, leaviJ
one the rights of ownership, and imposi/
the other the duties of trustee. The depj
retams the right of property, and resemj
privilege of resumption ; the depositi
bound to restore. But here the right of pr:
is parted with ; the privilege of rcsumptj
surrendered ; the obligation to render I
not imposedi On the contrary, our moi

AXXO 1880. ANDREW JACKSON, mF-SIDENT.

653

3 forward with unulutcd rtsf,,
ur opposition, and to i\f%\\,
iious to have it known t! .'
ho lost against the ecducii'
ccious to the view, and ten.,!,,,,,;
it fraught with raischicf &nd fn
>s to the character of this p,n
o the stability and harmony of]

ig this enactment of statutnrj- *
:olleciing the provisions of the
single view, they seem to \k tv
ilic moneys, above a specific mn,
sited with the States, in a intd
"he States are to give ccrtiliatei
yablo to the United States ; bul
ntingcncy, is fixed for the pavij
retary of the Treasury is to ^iFj
certificates, limited to a ratable [
each, when necessary to meet aa
nade by Congress ; 4. The certify
i are to bear an interest of fi J
ible half yearly; 5. To bear no f
3 assignment ; 6, The principal i
, the pleasure of the State.
Mr. President, is the enactment i
ich an enactment ? Sir, I will tell
. It is, in name, a deposit ; in foif
essence and design, a distribJ
tmot alter things ; and it is as ii
a deposit, as it would be to call t\
^r a kiss of the lips. It is a dl
' the revenues, under the name j
nd under the form of a loan. L
» be 80, and is intended to be sol
irbiage about a deposit is nothingf
e and contrivance of those who]
years endeavoring to distributi
sometimes by the land bill, some!
propositions, and Bometimw byl
cndmcnts to the constitution. Ff
modes of accomplishing the object
rated by the constitution, they fall!
ition of a deposit, and exult in thJ
I old scheme under a new name.
deposit, but a free gift, and a r
ton is clear and demonstrable, notl
avowed principles, declared intcnl
ematic purposes of those who cof
jut also from the means devised I
r object Names are nothing,
ne gives charactfer to tae transi
mposition of an erroneous name o
hat character. This is no deposil
eature, no attribute, no characU
y of a deposit. A deposit is a
r the consent of two parties, leavJ
'rights of ownership, and imposiJ
• the duties of trustee. The M
le right of property, and resenJ
of resumption ; the deposit!^
restore. But here the right of pro
I with; the privilege of rcsumptt
red ; the obligation to render W
osed. On the contrary, our moi

fhcte ve cannot reach it. Our trcas«iry I
t cannot pursue it. The States arc to
the money, free of interest, until is is necd-
raeet appropriations ; and then the Sccre-
of the Treasury is — to do what ? — call upon
■«tate t No ! but to sell and assign the cer-
'\f and the State is to pay the a-ssignce an
'J-j half yearly, and the principal when it
Now, these appropriations will never
^,1q. The member,"? of Congress arc not
l)i,ni--the race of representatives is not yet
,n,— who will vote appropriations for na-
jbjccts, to be paid out of their own State
.ies. Sooner will the tariff" be revived, or
itice of public land be raised. Sooner will
issisnability of the certificate bo repealed
„v. " The contingency will never arrive, on
the Secretary is to assign : so the dcpo,sit
stand as a loan for ever, without interest.
the end of some years, the nominal transac-
.will be rescinded j the certificates will all
(jncellcd by one general, unanimous, harmo-
II rote in Congress. The disguise of a de-
it like the mask after a play, will be thrown
If and the delivery of the money will turn
to be, what it is now intended to be, a gift
the beginning. This will be the end of the
.chapter. And now, how unbecoming in
Jenate to practise this indirection, and to
IT a false name what cannot be done by its
one. The constitution, by the acknowledg-
it of many who conduct this bill, will not
lit of a distribution of the revenues. Not
r back than the last session, and again at
Mmmencement of the present session, a pro-
was made to amend the constitution, to
lit this identical distribution to be made.
proposition is now upon our calendar, for
iction of Congress. All at once, it is disco-
that a change of names will do as well as
mjie of the constitution. Strike out the
'distribute,' and insert the word 'depo-
and, incontinently, the impediment is re-
d; the constitution difficulty is surmount-
the division of the money can be mau^
at least, is quick work. It looks magical,
h not the exploit of the magician. It
lits nobody, though not the invention of
fiion-committal school. After all, it must be
itted to be a very compendious mode of
the constitution, and such a one as
imers of that instrument never happened
k of. Is this fancy, or is it fact 1 Are
jislating, or amusing ourselves with phan-
iforia? Can we forget that we now have
the calendar a proposition to amend the
atution, to effect this very distribution, and
the only difference between that resolution
this thirteenth section, is in substituting
ord' deposit' for the word 'distribute?'
iving shown this pretended deposit to be
ibution in disguise, and to be a mere eva-
otthe constitution, Mr. B. proceeded to ex-
its efl'ects. and to trace its ruinous conse-
upon the federal government and the

a temporary
a thing to lit>

States. It is br»)ught forward as
measure, a.s a sinjile ojiirutioii, as
done but once ; but what rnreor, rithtr iir pood
or for evil, over stop]H.'d with the first step ? It
is the first step which costs the (iifiiculty : that
taken, the second lecuints easy, and npotitiou
habitual. Let thi,s distribution, in this dispii.sf,
take effect ; and future distribution will Ik- com-
mon and regular. Every presidential election
will bring them, and larger each time ; as the
consular elections in Koine, commencing with
distributions of grain from tiie public granaries,
went on to the exhibitions of games and shows,
the remission of debts, largesses in money, lands,
and provisions ; until the rival candidates ojienly
bid against each other, and the diadem of eiii-
pire was put up at auction, and knocked down
to the last and highest bidder. Tlio purity of
elections may not yet be affected in our young
and vigorous country ; but how long will it U*
before voters will look to the candidates for the
magnitude of their distributions, instead of look-
ing to them for the qualifications whicli the pre-
sidential office requires ?

"The bad consequences of this distribution
of money to the States are palpable and fright-
ful. It is complicating the federal and Statu
systems, and multiplying their points of contact
and hazards of collision. Take it as ostensibly
presented, that of a deposit or loan, to be repaid
at some future time ; then it is cstablisliing the
relation of debtor and creditor between theiu :
a relation critical between friends, embarrassing
between a State and its citizens ; and eminently
dangerous between confederate States and their
common head. It is a relation always depre-
cated in our federal system. The land credit
system was abolished by Congress, fifteen years
ago, to get rid of the relation of debtor and
creditor between the federal government and the
citizens of the States ; and seven or eight mil-
lions of debt, principal and interest, was then
surrendered. The collection of a large debt
from numerous ii.dividual debtors, was found to
be almost impossible. How much worse if the
State itself becomes the debtor ! and more, if
all the States become indebted together ! Any
attenqpt to collect the debt would be attended,
first with ill blood, then with cancellation. It
must be the representatives of the States who
are to enforce the collection of the debt. This
they would nv,t do. They would stand together
against the creditor. No member of Congress
could vote to tax his State to raise money for
the general purposes of the confederacy. No
one could vote an appropriation which was to
become a charge on his own State treasury.
Taxation would first bo resorted t«, and the
tariff and the public lands would become the
fountain of supply to the federal government.
Taken as a real transaction — as a deposit with
the States, or a loan to the States— as this mea-
sure professes to be, and it is fraught with con-
sequences adverse to the harmony of the federal
system, and fraught with new burdens upon the

THIRTY YEARS* VIEW.

customs, and upon the Innds ; taken as a Action
to avoid tho conrititution, as a John Doe and
llichurd Koe invention to convey a gift under
the name of a deposit, and to ettcct a distribu-
tion under the disj^ise of a loan, and it is an
artiflct) which maken derioion of the constitu-
tion, lots down tho Senate from its lofty station ;
and provides a facile way for doing any thing
that any Conpfress may choose to do in all time
to come. It is only to depose one word and in-
stal another — it is merely to chanp;e a name —
and the fVowninp; constitution immediately smiles
on tho late forbidden attempt.

" To the federal povemment the consequences
of these distributions must be deplorable and
«lcstructive. It must be remitted to the helpless
condition of the old confederacy, depending for
its supplies upon tho voluntary contributions
of the .Slates. Worse than depending upon the
voluntary contributions, it will bo left to the
pratuitous leavings, to tho eleemosynary crumbs,
which remain upon the table after the feast of
tho States is over. God grant they may not
prove to be the feasts of the Lapithse and
Centaurs ! But the States will be served fiiSt ;
and what remains may go to the objects of com-
mon defence and national concern for which the
eonfedsracy was framed, and for which the
power of raising money was confided to Con-
press. The distribution bills will be passed
lirst, and the appropriation bills afterwards ; and
every appropriation will be cut down to the
lowest point, and kept off to the last moment.
To stave oft" as long as possible, to reduce as
low as possible, to defeat whenever possible,
will be the tactics of federal legislation ; and
when at last some object of national expenditure
has miraculously run the gauntlet of all these
assaults, and escaped tho perils of these multi-
plied dangers, behold the enemy still ahead, and
the recapture which awaits the devoted appro-
priation, in the shape of an unexpended balance,
on the first day of January then next ensuing.
Thus it is already ; distribution has occupied us
all the session. A proposition to amend the
constitution, to enable us to make the division,
was brought in in the first month of the session.
The land bill followed, and engrossed months,
to the exclusion of national defence. Then came
the deposit scheme, which absorbs the remainder
of the session. For nearly seven months we
have been occupied with distribution, and the
Senate has actually passed two bills to effect the
same object, and to divide the same identical
money. Two bills to divide money, while one
bill cannot be got through for the great objects
of national defence named in the constitution.
We are now near the end of the seventh month
of the session. The day named by the Senate
lor the termination of the session is long passed
by ; tho day fixed by the two Houses is close
at hand. The year is half gone, and the season
for labor largely lost ; yet what is the state of
the general, national, and most essential appro-
priations ? Not a shilling is yet voted for I'orti-

flcations; not a shilling for the nrtlnan^..
thing for filling the empty ranks of the Am
army; nothing for the new Indian fttitl
nothing for the continuation of the t'limhr J
road; nothing for rebuilding the biimtHil
Treasury ; nothing for the custom-houMin3
Orleans ; nothing for extinguishing the i
of private corporators in the LouigviHc i
and making that great thorongh&rc free to i
commerce of the West ; nothing for the wesj
armory, and arsenals in tho States which h
none ; nothing for the extension of the cii,
court system to the new States of the Westd
Southwest ; nothing for improving the
machinery ; nothing for keeping the ni
regularly supplied with metals for coinl
nothing for the new marine hospitals ; not J
for tho expenses of the visitors now gone tol
Military Academy; nothing for the chainl
posts and the military road along the We
and Northwestern frontier. All these i,
long list of other objects, remain without at
to this day ; and those who have kept thenii
now coolly turn upon us, and say the nioT
cannot be expended if appropriated, and thug
the first of January, it must fall into the sun
fund to be divided. Of the bills passed, r.
of the most essential character have been dj
ed for months, to the great injury of individi
and of tho puolic service. Clerks and salti
ofBcers have been borrowing money at usun
support their families, while we, wholly abJ
ed with dividing surpluses, were withholJ
from them their stipulated wages. LaborcJ
Harper's Ferry Armory have been witJ
money to go to market for their families,]
some have lived three weeks without
because we must attend to the distribution b
before we can attend to the pay bills. Uisbi
ing officers have raised money on their oini|
count, to supply the want of approprlatJ
Even the annual Indian Annuity Bill has|
just got through ; the Indians even— the i
Indians, as they were wont to be called-
they have had to wait, in want and miserrj
the annual stipends solemnly guarantiedl
treaties. All this has already taken place [
der the deplorable influence of the distribii|
spirit.

" The progress which the distribution (
has made in advaancing beyond its own pre
sions, is a striking feature in the history of|
case, and ominous of what may be expi
from its future exactions. Originally the j
position was to divide the surplus. It
surplus, and nothing but the surplus, which I
to be taken ; that bona fide and inevitable!
plus which remained after all the defences f
provided for, and all needed appropriations!
made. Now the defences are postponed a
cried ; tho needful appropriations are rej«
stinted, and deferred, till they cannot be i
and, instead of the surplus, it is the intd
revenue, it is the money in the Treasury, |
tho money appropriated" by law, which is K

ANN'O 183«. AM F.EW JACKSON', rRMSIDEXT.

65S

ta shillinp; for the nnlnan» , ,
ing the empty ranks of the t\(U
ng for the now Indian ti^J
he conttnuatinn of the CumhrHl
ng for rebuilding the biimHl
othing for the custom-houwin!!
thing for cxtinguiahinp the nrf
jrporators in the Louigville cl
that great thoroughfare frw trl
■ the West ; nothini? for thn w«,^
arsenals in the States which b
ng for the extension of the 6k
1 to the new States of the West]
nothing for improving the
nothing for keeping the ml
Lipplied with metals for cojnj
the new marine hospitals ; noti
nses of the visitors now gone tol
cadcmy; nothing for the chain|
ne military road along the \\\
vestern frontier. All these, i
other objects, remain without »«
5 and those who have kept themj
turn upon us, and say the mJ
xpended if appropriated, and tha^
January, it must fall into the Bur|
divided. Of the bills p8Bwd,m
; essential character have been dc|
ths. to the great injury of individi
public service. Clerks and salii
e been borrowing money at ueui}
nt families, while we, wholly iht
ividing surpluses, were withholl
their stipulated wages. Laboreii
Perry Armory have been witU
to to market for their families.!
lived three weeks without ml
must attend to the distribution i
;an attend to the pay bills. IJistn
have raised money on their o»
supply the want of appropriatij
uinual Indian Annuity Bill \m\
trough; the Indians even— the ]
they were wont to be called-
had to wait, in want and miseryJ
stipends solemnly guarantied!
All this has already taken place [
)lorable influence of the distrik

ogress which the distribution i
n advaancing bej;ond its own pn
striking feature in the history ofj
Dminous of what may be expel
Lture exactions. Originally the 1
as to divide the surplus. It^
td nothing but the surplus, whidl
n; that bona fide and inevitablel
» remained after all the defences^
)r, and all needed appropriatiom
)w the defences are postponcdaiiJ
needful appropriations arc rejei
d deferred, till they cannot be u
d of the surplus, it is the int^
is the money in the Trcasnry,|
appropriated by law, which isi

^4 npnn ""'^ divided out. It is the uncxpend-

S^iiiices which arc now the object of all de-

, ml the priaj of me<litated distribution.

(woni surplus is not in the i;ill ! that word,

jfh ha-s fietircd in ho many speeches, which

, (Ktn the subject of bo much speculation,

jfli hiv« been the cause of go miich delusion

Ui public mind, and of so much excited hope ;

lipoid is not in the bill! It is carefully,

Jiously. systematically excluded, and a form

[iipivssjon ia adopted to cover all the money

Itbt Treasury, a small sum excepted, although

fl)priate'l by law to the most sacred and

(ssiry objects. A recapture of the appro-

jiled money is intended ; and thug the very

Btical money which we appropriate at this

Jon is to bo seized upon on the first day of

fcir}', torn away from the objects to which

.J dedicated, and absorbed in the fund for

itnl distribution. And why? because the

lorant appetite of distribution grows as it

1, and becomes more ravenous os it gorges.

lietout for the surplus ; now it takes the un-

Klcd balances, save five millions ; next year

11 take all. But it is sufficient to contemplate

kthin°: as it is ; it is sufficient to contemplate

1 as seizing upon the unexpended balances

ftlie first day of January, regardless of the

ictj to which they are appropriated ; and to

its effect upon the laws, the policy, and

reiistence of the federal government.

f Such, then, is the progress of the distribu-

I spirit; a cormorant appetite, growing as it

LruTeningas it gorges; seizing the appro-

1 moneys, and leaving the federal govem-

^tto starve upon crumbs, and to die of in-

ion. But this appetite is not the sole cause

Ithis seizure. There is another reason for it,

si with the movements in this chamber,

||l)unded in the deep-seated law of self-pre-

ition. For six months the public mind has

I stimulated with the stoiy of sixty milliona

mrplus money in the Trea.sury; and two

ago, the grave Senate of the United

! carried the rash joke of that illusory

[eration so far as to pass a bill to commence

Idistribution of that vast sum. It was the

which was to do it, commencing its

|lling dividends on the 1st day of July, deal-

llem out every ninety days, and completing

iplendid distribution of prizes, in the sixty-

[ million lottery, in eighteen months from

nmmenccment of the drawing. It was two

ago that we passed this bill ; and all

Ls then made to convince the people that

[rere deluded, were vain and useless. Sixty-

I millions they were promised, sixty-four

ions they were to have, sixty-four millions

jbegan to want ; and slates and pencils were

las busy then in figuring out the dividends

te sixty-four millions, to begin on the 1st

|ilr, as they now are in figuring out the

ris under the forty, fifty, and sixty mil-

Uhich are to begin on the Ist of January

And now behold the end of the first

chapter. The l^t of July i.« como. but tin' sixty-
four million.s are not in the Tri-nsury ! It "is
not there; and any attempt to comniivico the
dLstribution of that sum, nrpf>rdiii!j to tlu>
terms of the land bill, wmild Imnknipt the
Treasury, stop the government, ami caiis»- Con-
gress to l)c called topethor, to levy taxes or
make louns. So much fur the Innd bill, which
two months ago received all the praises wliieli
are now Iwstowed upon the deposit bill. So
the drawing had to be postponed, the perform-
ance had to be wijoumi'd. and the 1st of Jan-
uary was substituted for the Ist of July. This
gives six months to go upon, and defers the
catastrophe of the mount.iin in labor until tho
presidential election is over. Still the first cf
Jamiary must come ; and the ridicule would bo
tJo great, if there was nothing, or next to nf>-
thing, to divide. And nothing, or next to
nothing, there would be, if the appropriations
were fairly made, and made in time, and if
nothing but a surplus was left to divide. There
would be no more in the deposit b.ink, in that
event, than has usually been in the Bank of tho
United States — say ten, or twelve, or fourteen,
or sixteen millions; and from which, in the
hands of a single bank, none of tho.se dangers
to the country were then seen which arc now
discovered in like sums in three dozen tmcon-
nected and independent banks. Even after all
the delays and reductions in the appropriations,
the surplus will now be but a trifle — such a
trifle as must expose to ridicule, or something
worse, all those who have tantalized the public
with the expectation of forty, fifty, or sixty
millions to divide. To avoid this fate, and to
make up something for distribution, then, the
unexpended balances have been fallen upon ;
the law of 1795 is nullified ; tho fiscal year is
changed ; the policy of the government subvert-
ed ; rea-son, justice, propriety outraged ; all con-
tracts, labor, service, salaries cut off, interrupted,
or reduced ; appropriations recaptured, and the
government paralyzed. Sir, the people are de-
ceived ; they are made to believe thjt a surplus
only, an unavoidable surplus, is to be divided,
when the fact is that appropriated moneys are
to be Leized.

"Sir, I am opposed to the whole policy of
this measure. 1 am opposed to it as going to
sap tho foundations of the Federal Government,
and to undo tho constitution, and that by eva-
sion, in the very point for which the constitu-
tion was made. What is that point? A
Treasury I a Treasury ! a Treasury of its own,
unconnected with, and independent of the States.
It was for this that wise and patriotic men
wrote, and spoke, and prayed for the fourteen
years that intervened from tho declaration of
mdependence, in 1776, to the formation of tho
constitution in 1789. It was for this that so
many appeals were made, so many ctlbrts ex-
erted, 80 many fruitless attempts so long re-
peated, to obtain from the States the power of
i raising revenue from imports. It was for this

'J56

TIIIUTV YEAIW VIEW.

11 ,-

that tho convention of 1787 met, and but for
this tliey never would iiave met. The forma-
tion of a re(]eral treasury, unconnected with the
States, and indepencnt of ttio States, was the
cause of the meeting of that convention ; it was
tiic great (>l)Ject of its labors ; it w&s the poin't
to wiiich all its exertions tended, and it was tho
point at which failure would have been the fail-
ure of the whole object of the meeting, of the
whole frame of the general government, and of
the whole design of tho constitution. AV'ith in-
finite labor, pains, and difficulty, they succeeded
in erecting the edifice of the federal treasury ; we,
not builders, but destroyers, "architects of
ruin," undo in a night what they accomplished in
many years. We expunge tho federal treasury ;
we throw the fedenfl government back upon
States for Bupplic.s ; we unhinge and undo l.ie
constitution ; and we effect our purpose by an
artifice which derides, mocks, ridicules that
sacred instrument, and opens tho way to its
perjHJtual evasion by every paltry performer
that is able to dethrone one word, and exalt
another in its place.

"I object to tho time for another reason.
There is no necessity to act at all upon this
subject, at this session of Congress. The dis-
tribution is not to take effect until after we are
in session again, and when the true sts te of the
treasury shall be known. Its true state cannot
bo known now ; but enough is known to make
it questionable whether there will be any sur-
plus, requiring a specific disposition, over and
beyond the wants of the country. Many ap-
propriations are yet behind ; two Indian wars
are yet to be finished ; when tho wars are over,
the vanquished Indians are to be removed to
the West ; and when there, either the Federal
Government or the States must raise a force to
protect the people from them. Twenty-five thou-
sand Creeks, seven thousand Seminoles, eigh-
teen thousand Cherokees, and others, making a
totality of seventy-two thousand, are to be re-
moved ; and the expenses of removal, and the
year's subsistence afterwards, is close upon
seventy dollars per head. It is a problem
whether there will be any surplus worth dis-
posing of. The surplus party themselves admit
there will be a disappointment unless they go
beyond the surplus, and seize the appropriated
moneys. Tho Senator from New-York [Mr.
Wright], has made an exposition, as candid and
perspicuous as it is patriotic and unanswerable,
showing that there will be an excess of appro-
priations over the money in the treasury on
the day that wo adjourn; and that we shall
have to depend upon the accruing revenue
of the remainder of the year to meet the de-
mands which we authorize. This is the state
of the surplus question : problematical, debata-
ble ; tho weight of the evidence and the strength
of the argument entirely against it; time
enough to ascertain the truth, and yet a deter-
mination to reject all evidence, refuse all time,
iudli on to the object, and divide the money,

cost what it may to the constitution ^l^,
crnment, the good of the States, and the t,'
of elections. Tho catastrophe of the lajj'i'
project ought certainly to be a warnin' i„
Two months ago it was pushed tlirouifl,
tho only means of saving tho country, a,
blessed act which was to save the republic
was to commence on the first day of July
magnificent operations of distributing
four millions ; now it lies a corpse in tiie 1|<
of lleprcsentativcs, a monument of liaet«
folly, its very authors endeavoring to mi
sede it by another measure, because it c,
not take effect without ruining the count
and, what is equally important to them rui
themselves.

" Admitting that the year produces more
venue than is wanting, is it wise, is it sti
manlike, is it consonant with our cxpcriei
to take fright at the event, and throv
money away ? Did we not have forty mil]
of income in the year 1817 ? and did wc
have an empty treasury in 1819 ? Instead of
ing fright and throwing the money awar
statesman should look into the cause of thL
be should take for his motto the prayer
Virgil: Cognoscere causa rerum. Let
know the cause of things ; and, lea-ning
cause, act accordingly. If the redundant
ply is accidental and transient, it will quii
correct itself; if founded in laws, alter \[
This is the part not merely of wisdom, bu
common sense : it was the conduct of 1
when the excessive supply was seen tu fce
effect of transient causes — termination of
war and efflorescence of the paper system
left to correct itself, which it did in twovi
It should be tho conduct now, when the w
sive income is seen to be the effect of the
and the paper system combined, and when li
lation or regulation is necessary to corrc
Reduction of the tariff; reduction of the
of land to actual settlers ; rejection of
paper from universal receivability for pi
dues ; these are the remedies. After all,
whole evil may be found in a single cause!
the whole remedy may be seen in a single
sure. The public lands are exchangeabli
paper. Seven hundred and fifty machmejj
at work striking off paper ; that paper is
forming the grand rounds, from the bani
the public lands, and from the lands to
banks. Every body, especially a public
may take as much as his trunks can i
The public domain is changing into paper;]
public treasury is filling up with paper
new States are deluged with paper; thecui
is ruining with paper ; farmers, settlers,
vators, are outbid, deprived of their sel
homes, or made to pay double for then
public men loaded, not like Philip's ass,
bags of gold, but like bank advocates,
bales of paper. Sir, the evil is in the unf
state of the paper system, and m the unci
receivability of paper for federal dues. Ill

AJfSO 18^.5. ANDREW JACKSON I'KIMDKNT.

C57

lay to the constitution, the
^ood of the States, iiml tlit purl

Tho catastrophe of the laul
certainly to be a warnin;, lo i

ago it was pushed throucli.
ns of saving tho country, i, i
hich was to save the rcpubiir,
encc on tho first day of Julyj
operations of distributing ni^
• now it lies a corpse in tlie lid
atives, a monument of liaete i
ry authors endeavoring to mi
nother measure, because it cJ
ect without ruining the count!

equally important tolhcin,ruiii

n" that the year produces more
is" wanting, is it wise, is it sti

it consonant with our cxpcru
ijrht at the event, and throw
V 1 Did we not have forty niillij
n the year 1817 ? and did vrc
Btv treasury in 18191 Instcadot
[nd throwing tho money away,
should look into tho cause of thii

take for his motto the prayer]
'osnoscere causa rerum. Ut

cause of things ; and, leaTuns
accordingly. If the redundant
idental and transient, it wi 1 qui
elf- if founded in laws, altor
,e part not merely of wisdom, b,
sense : it was the conduct of 1

excessive supply was seen to h
transient causes-termination oil
fflorescenco of the paper system-

rectitself, which It did m two y

betho conduct now, when he e:

„e is seen to be the effect of the
ner system combined, andwhenli

Elation is necessary to corret
of the tariff; reduction of the

actual settlers ; rejection of
universal receivabihty for pi

so are the remedies. After all,]

1 may be found in a single cause,
remedy may be seen in a stngk

B public lands are exchanp;abl(
even hundred and fifty machmes
tiling off paper; that paFris,'
he -^rand rounds, from

lands, and from the lands t,]
very body, especially a publn
i much as his trunks can
,ic domain is changmg into pa^j
easury is fiUmg up

with pap«r
IPS arc''deluged with paper; the
'^Th pap'er; farmers sette
.re outbid, deprived of their sel
made to P^F .J^'^We ^^^r th.
en loaded, not like Philip* f^
told but like bank advocate^
S Sir, the evil is in the un
KperBV8tem,andmthmc
lity ofpapcr for federal dues. U(

jil. Banks arc our masters ; not one, but
' hundred and fifty ! and this splendid
f»l Conpress, like a chained and chastised
„ lies helpless and powerless at their feet
^if I can see nothing but evil, turn on
h fide I may, from this fatal scheme of di-
le money ; riot fiurj'lus money, but appro-
1^1 funds J not by an amendment, but hy a
j„ry evasion of the constitution. Where is it
"Lit History shows us that those who begin
olutions never end them ; that those who com-
rtice innovations never limit them. Hero is
fllat innovation, constituting in reality— not
iVure of speech, but in reality— a revolution
Reform <>f our government. We set out to
ide tho surplus ; wo are now dividing the
ipriatcd funds. To prevent all appropria-
cxccpt to the powerful States, will be the
,,ftep; and the small States, in self-defence,
I't oppose all appropriations, and go for a di-
jn of the whole. They will have to stand
■thcr in the Senate, and oppose all appropria-
I It will not do for the large States to
all the appropriations first, and the bulk
'itt distribution afterwards ; and there will
noway to prevent it but to refuse all appro-
is divide out the money among the
„ and let each State lay it out for itself.
m surplus party will supersede tho present
ilus party, as successive factions supersede
other in chaotic revolutions. They wrill
.Congress tho quaatoroi provinces, to col-
money for the States to administer. This
be their argument : the States know best
.tthey need, and can lay out the money to
lest advantage, and to suit themselves. One
> will want roads and no canals ; another
Is and no roads ; one will want forts, an-
;ioops ; one wants ships, another steam-
one wants high schools, another low
A, ; one is for the useful arts, another is
[the fine arts, for lyceums, athenaeums, muse-
arts, statuary, painting, music ; and the
!r Stote will want all for banks. Thus will
go on, and Congress will have no appro-
ion to make, except to the President, and
id clerks, and their under clerks. Even
own pay, like it was under the confedera-
may be remitted to our ovra States. The
dollars a day may be voted to them, and
jrted by the argument that they can get
I men for four dollars a day ; and so save
the money, and have the work better done.
is the progress in this road to ruin. Sir,
of this measure, as I said of its progeni-
je land bill: if I could be willing to let
[pass, that good might come of it, I should
ling to let this bill pass. A i-ecoil, a reao-
a revulsion must take place. Thie con-
y cannot go to ruin. This Union has a
in the hearts of the people which will save
nullification in disguise, as well as from
ication in arms. One word of myself. It
ten years since schemes of distribution
broached upon this floor. They began
Vol. I.— 42

with a senator fmm New .lersey, now Si-ontary
of the navy (Mr. Dickerwii). Tlity were
denounced by many, for their uncon.-titutioniil-
itv, their corniptiirj; temlineies, and tlieir fatal
cnects upon the federal and State govinunents.
I took iiiv liosition then, have stoiMl u|M)n it
during all the luod^tlcations of the original
scheme ; and continue standing utwi it now.
My answer then was, pay the public debt an(i
reduce the taxes ; my answer now is, provide
for the public defences, reduce the taxes, and
bridle tho paper system. On this pTound I
have stood — on this I stand ; and never did I
feel more satisfaction and more exultation in
my vote, when triumphant in numbers, than I
now do in u minority of six."

The bill went to the House, and was concurred
in by a large majority — one hundred and fifty-
five to thirty-eight — although, under tho name
of distribution, there was no chance for it to
pass that House. Deeming tho opposition of
this small minority courageous as well as meri
toriouB, and deserving to be held in honorable
remembrance, their names are here set down ;
to wit :

Messrs. Michael W. Ash, James M. H. Beale,
Bcnning AI. Bean, Andrew Beaumont, John W.
Brown, Robert Burns, John F. H. Claiborne,
Walter Coles, Samuel Cushman, George C.
Dromgoole, John Fairfield, William K. Fuller,
Ransom H. Gillet, Joseph Hall, Thomas L,
Hamer, Leonard Jarvis, Cave Johnson, Gerrit
Y. Lansing, Gideon Lee, George Loyall, Abijah
Mann, jr., John Y. Mason, James J. McKay,
John Mckeon, Isaac McKiin, Gorham Parks,
Franklin Pierce, Henry L. Pinckney, John
Roane, James Rogers, Nicholas Sickles, William
Taylor, Francis Thomas, Joel Turrill, Aaron
Vanderpoel, Aaron Ward, Daniel Wardwell,
Henry A. Wise.

The bill passed the House, and was approved
by tho President, but with a repugnance of fool-
ing, and a recoil of judgment, which it required
great efforts of friends to overcome ; and with
a regret for it afterwards which he often and
publicly expressed. It was a grief that his
name was seen to such an act. It was a most
unfortunate act, a plain evasion of tho constitu-
tion for a bad purpose — soon gave a sad over-
throw to the democracy— and disappomted every
calculation made upon it. Politically, it was no
advantage to its numerous and emulous support"
ers — of no disservice to its few determined oppo-
nents—only four in number, in tho Senate, the
two senators from Mississippi voting against U,
for reasons found in the constitutioa of their

THIRTY YEARS' VIEW.

Stato. To tlio States, it was of no odvantage,
raising expoctationH whirh were not fulfilled,
and upon which many of them acted aa realities,
and commenced enterprises to which they were
inadequate. It was understood that some of
Mr. Van Duren's friends favored the President's
approval, and recommcndcfl him to sign it — in-
duced by the supposetl effect which its rejection
might have on the democratic party in the elec-
tion. The opponents of the bill did not visit
the President t giye him their opinions, nor
had ho heard their arguments. If they had
seen him, their opinions concurring with his
own feelings and judgment, his conduct might
have been different, and the approval of the act
withheld. It might not have prevented the act
from becoming a law, as two thirds in each
Iloufie might have been found to support it;
but it would have deprived the bill of the
odor of his name, and saved himself from sub-
sequent regrets. In a party point of view, it
was the commencement of calamities, being an
efficient cause in that general suspension of
(ipecio payments, which quickly occurred, and
brought so much embarrassment on the Van
Burcn administration, ending in the great demo-
cratic defeat of 1840. But of this hereafter.

CHAPTER CXLIII.

BECnARTEft OP THE DISTRICT BANKS— SPEECH
OF MB. BbNTON: THE PARTS OF LOCAL AND
TEMPOEAB\ INTEREST OMITTED.

" Mr. Benton rose to oppose the passage of the
bill, notwithstanding it was at the third read-
ing, and that it was not usual to continue oppo-
sition, which seemed to be useless, at that late
stage. But there were occasions when he never
took such things into calculation, and when he
continued to resist pernicious measures, regard-
less of common usages, as long as the ^orms of
parliamentary proceeding would allow him to
go on. Thus he had acted at the passing of the
United States Bank charter, in 1832 ; thus he
did at the passing of the resolution against Pre-
sident Jackson, in 1834 ; and thus he did at the
passing of the famous land bill, at the present
Fession. He bad continued to speak against all
these measures, long after speaking seemed to

be of any avail ; and, for from rcj^rcttinp, hf [
reason to rejoice at the course that lie haii t,.^
sued. The event proved him to be riglit • fJ
all these measures, though iluatc(l tliruuch tLi
chamber upon the swelling wave of a n^LM*
and impatient majority, had quickly nm \U
brief career. Their day of triumph had U
short. The bank charter perished at the fj
general election ; the condemnatory resolmJ
was received by the continent in a ttnipc.st i
execration ; and the land bill, that \aH her*)
expiring party, has dropped an abortion frj
the Senate. It is dead even here, in tliis c!u
ber, where it originated — where it was once I
omnipotent that, to speak against it, wan iixa
by some to be an idle consumption of time, a
by othei-s to be an unparliamentary dcnior.iij
tion against the ascertained will of the IIoqi
Yet, that land bill is finished. That brief (
die is out. The Senate has revoked that lij
has retracted, recanted, and sung its paliu
over that unfortunate conception. It haa (
out a committee — an extniordinary coDnnitj
of nine — to devise some otler scheme for M
ing that same money which the land bill diriiil
and, in doing so, the Senate has authcntia
declared a change of opinion, and a rcTociti
of its sentiments in favor of that bill. Thui
has happened, in recent and signal casc$, i
by contmuing the contest after the battle s(«i|
to be lost, the battle was in fact gained; i
it may be again. _ These charters may yet |
defeated ; and whether they will be or not]
nothing to me. I believe them to be wra
greatly, immeasurably wrong ! — and shall (
tinue to oppose them without regard to den
tions, or consequences, until the rules of |i
liamentary proceeding shall put an end toj
contest. Mr. B. said he had moved for a s
committee, at the commencement of the ses
to examine into the condition of these
and he had done so with no other object t
to endeavor to provide some checks and |
for the security of the country against the abi
and excesses of the paper system. The si
committee had not been raised. The i
Committee on the District of Columbia hidlj
charged with the subject ; and, seeing thatil
had made a report adverse to his opinions.!
brought lu u ^'11 which he could not erjicf
y^ would be his part to act upon the nej
materials which had been placed before tliel

ANNO 183fl. ANDREW JACKSON', riir,sir>F;NT.

C59

; and, for from reprcttinir. he L^
ce at the coiirfio that he hail j,].
cnt proved him to be riglit; 'A
urcs, though floatc«l tliroufh tj
the swcHing wave of a mmu
majority, had quickly nin tl«|
Their day of triumph lad U
)ank charter perished at tlie £i]
on ; the condemnatory rcsoluii(
by the continent in a ttmpcst (
md the land bill, that last hci*(
ty has dropped an abortion in
It is dead even here, in tliis ck
originated — where ii was once
hat, to Bpcak against it, wasdwi
le an idle consumption of time,
be an unparliamentary dcmor.a
the ascertained will of tlie llo
id bill is finished. That brief
The Senate has revoked thatli
d, recanted, and sung its palii
ifortunate conception. It has s
[jittee — an cxtriiordinary commii
devise some other scheme for 4
tto money which the land bill divii
ig so, the Senate has authentic
change of opinion, and a rcvowi
nents in favor of that bill. Tb
ed, in recent and signal cases
ig the contest after the battle scei
the battle was in fact gainfld; a
again. .These charters may yet
md whether they will he or nol
me. I believe them to be vrra
measurably wrong '.—and shall
pose them without regard to cali
onsequences, until the rules of
proceeding shall put an end to
Ir. B. said he had moved for a -
at the commencement of the s
into the condition of these
d done so with no other object
r to provide some checks and g
arity of the country against the al
ea of the paper system. The
had not been raised. The st:
, on the District of Columbia had
ith the subject ; and, seeing that
a report adverse to his opinions
^ v;ii which he could not erjif
—e" his part to act upon the
which had been placed before the

L inj endeavor to accomplish an a member of
Ltbody, what could have l)een attempted, with
Lrtter prospect? of oucress, as a member of a I
Lnraittce which had had the management of '
llbe subject.

Mr. B. said lie had wished to have been on
iielert committee for the charter of these banks ;
wished to have revived the idea of a bank
ithoat circulation, and to have disconnected
^rernment from the banking of the district.
]( had failed in his attempt to raise such a
jmittce; and, as an individual member of
Senate, he could now do no more than men-
inn in debate the ideas which ho would have
to have ripened into legislation through
I instrumentality of a committee.
■Mr. B. said he had demonstrated that no
ik of circulation ought to be authorized in
district ; and, he would add, that none to
lish currency, except of large notes, ought
be authorized any where ; yet what are we
(ing? We are breeding six little corporations
libirth, to issue $2,250,000 of paper r-'rrency :
on what terms ? No bonus ; no tax on the
itjl;noneon the circulation ; no reduction
interest in lieu of bonus or tax ; no specie
what the stockholders please to put in ; and
liability on the part of the stockholders for a
lore of these corporations to redeem their
and pay their debts. This is what we are
Ug; and now let us see what burdens and
pes these six corporations will impose upon
e business part of the community — the pro-
rtive classes among which they aie to be per-
lated. First, there is the support of these
[corporation governments} for every bank
ist have a government, like a State or king-
D;ind the persons who administer these
loration governments must be paid, and paid
|the people, and that according to the rates
by themselves and not by the people.
Ith of these six banks must have its president,
Ihier, clerks, and messengers ; its notary pub-
|to protest notes; and its attorney to bring
The aggregate salaries, fees, and perqui-
^ of all these officers of the six banks will
Ithe first tax on the people. Next comes the
ifits to the stockholders. The nett profits
are usually eight to ten per cent, at
Knt; the gross profits are several per cent.
e; and the gross profits are what the people
.^Bsuming the gross profits to be twelve

per cent., and the annual levy upon the rnm-
munity will »»c alwiit S-'t'if^oo. Tho thini I(.s«
to the community will Ik> on tho flurttintirmx of
prices of Inljor nnd pntiH-rfy, and the rise nii-l
fall of stocks, from the i-xpanxions anrl conti-wv
fions of currency, produred by making moncv
plenty or scarce, as it suits the interost of t' c
bank managers. This item cannot Ik- calculatti'.
and depends entirely upon the moderation and
consciences of the Neptunes who preside over
tho flux and reflux of the paper ocean; nnd to
whopr all tides, whether of chb or f!ow, and all
conditions of the sea, whether of calm or storm,
are equally welcome, equal 1/ auspicious, nnd
equally productive. Then come three otlu r
heads of loss to the community, and of profit to
the bank : loss of notes from wear and tear, coun-
terfeits imposed upon the people for good notes,
and good notes rejected by tho banks for coun-
terfeits ; and then the loss to the holders from
the stoppage and failure of banks, and tho shnv
ing in «f notes and stocks. Such are the bur
dens and taxes to be imposed upon the pcoplo
to give them a paper currency, when, if the piqier
currency were kept away, and only large notes
used, as in France, they would have a gold and
silver currency without paying a tax to any body
for it, and without being subject to any of tho
frightful evils resulting from the paper system.

"Objecting to all banks of circulation, but
not able to suppress them entirely, Mr. B. su}:-
gested some ameliorations in the charters pro-
posed to be granted to render them less dan-
gerous to the communitj'. 1. The liability of
tho stockholders for all the debts of the institu-
tion, as in the Scottish banks. 2. The bank
stock to be subject to taxation, like other pro-
perty. 3. Tg issue or receive no note of less
than twenty dollars. 4. The charters to be
repealable at tho will of Congress : and he gave
reasons for each of these improvements ; and
first for the liability of the stockholders. lie
said:

" Reasons for this liability were strong and
palpable. A man that owes should pay while
he has property to pay with ; and it is iniquitous
and unjustifiable that a bank director, or stock-
holder, should riot in wealth while the business
part of the community should hold tho bank
notes which they have put into circulation, and
be able to get nothing for them after the hank
had closed its doors. Such exemptions are <jon«

660

TimiTV YKAIW VIEW.

trury to t)iu righu of t)ic coiiitnnnity, and uno
of thu KTi'ttt caiiHi'M of the failure of Itanka. A
lial>ility in the fltockbrokLMR iM one of the beat
BfciiriticH whii-h the public can have fur the cor-
rect niano^i-nicnt and Kulvency of the inHtitution.
'i lie funuiua Scotlit>h bankH, wiiich, in upwards
of one hundred yeare' operations, had neither
(Mice convulsed the country with contractions
biid expansiona, nor once Htvp|M}d payment, were
couKtituted upon tliia principle. All the country
banks in Kn|;land, and all the bankers on the
continent of Kuropo, were liable to a still greater
degree ; for in them each stockholder, or part-
ner, was liable, individually, for the whole
amount of the debts of the bank. The principle
proposed to bo incorporated in those charters
strikes the just medium between tho common
\a\v principle, which makes each partner liable
for tho whole debts of the firm ; and tho corpo-
ration principle in tho United States, which
absolves each from all liability, and leaves
tho penniless and soulless carcase of a defunct
and eviscerated bank alone responsible to tho
community. Liability to tho amount of the
stock was an equitable principle, and with sum-
mary process for tho recovery of the amounts
of notes and deposits, and the invalidity of
transfers of stock to avoid this liability, would
be found a good remedy for a great evil. If the
stockholders in the three banks which stopped
payment in this city during the panic scskIod
had been thus liable, the notes would not have
been shaved out of the hands of the holders ; if
the bank which stopped in Batimore at the same
time, had been subject to this principle, tho riots,
which have afflicted that city in consequence of
that stoppage, would not have taken place.
Instead of these losses and riots, law and remedy
would have prevailed ; every stockholder would
have been summoned before a justice of the
peace— judgment granted against him on motion
— for the amount held by the complainant ; and
BO on, until all were paid, or he could plead that
he had paid up the whole amount of hia stock."
The evil of small notes he classed under three
general heads: 1. The banishment of gold and
silver. 2. Encouragement to counterfeiting.
3. Throwing the burthens and losses of the
paper system upon the laboring and small-
dealing part of the community, who have no
share in the profits of banking, and should not be
(wde to bear its losses. On these points, he said :

"The instinct of banks to sink tlieircjrr.
tion to the lowent denomination of notci ^ur
can be forccil upon tho community, it a trui
the aystcm universally proved to cxitt wUmh
banks of circulation have been ptrmiluii
Ifive a currency to a country j and tlic t Hwt ,
that instinct has always been to buiith [,j
and silver. AVhcn tho liank of EngUnd tJ
chartered, in the year 1C94, it could JMut i
note less than £1U0 sterling; that amount tj
gradually rctluced by the persevering effDrt*!
the bank, to £50; then toX20; tiicn toiij
then to XIO; at last to £5; and finally to i
and £1. Those last denominations wire i
reached until tho year 1707, or until one huiifi>
and three years after tho institution if i|
bank ; and as the several reductions in tk' »
of tho notes, and the consequent incita.<« (
paper currtncy took place, gold became ttt\
and more scarce ; and with tho issue of tl.c >
and two pound notes, it totally di^apiA'vJ
from the cojmtry.

"This effect was foretold by all poiitJ
economists, and especially by Mr. Burlto, ill
aged and retired from public life, wlio vp\
from his retreat, to Mr. Canning, to say to]
Pitt, the Prime Minister, these prophetic vorj
< If this bill for the one and two pounds Ls p
mitted to pass, we shall never see another gii;:|
in England.' The bill did pass, and the pn
tion was fulfilled ; fur not another guinea I
guinea, or sovereign, was seen in England, |
circulation, until the bill was repealed two «
twenty years afterwards ! After remai
nearly a quarter of a century without 1 1
circulation, England abolished her one and il
pound notes, limited her paper currency tof
sterling, required all Bank of England note
be paid in gold, and allowed four years for j
act to take effect Before the four years »
out, tho Bank of England reported to Parliu
that it was ready to begin gold payments;
commenced accordingly, and has continued tl
ever since.

" The encouragement of counterfeiting wasl
next great evil which Mr. B. pointed outisl
longing to a small note currency ; and of all |
denominations of notes, he said those of one |
two pounds in England (corresponding!
fives and tens in the United States), vert ti
to which tho demoralizing business of com
feiting was chiefly directed! They wenj

ANNO J8Rfl. ANDUKW JACKSON. I'i:F>iM>KM.

CO I

ct of IjanWs to sink tlifir cirr:.
ri'Mt (Iciiumination of note* «h<
upon the ooininunity. ii & tnui j
iverwilly proved to txiul wIkmJ
iulation have betn ptnnilud d
:y to H country ; and the t ll«t J

has alwaya bc«a to l)Uii»h (J
>Vhcn tho Dank of EngUml «J

the year 10'J4, it could \tm J
n XlOO sterling; thot amounuJ
luwd by the per? evcrinj? t\Unt i
£50; then toX20; then toXll
; at last to X5; and finally to i^
hoHO last denominations were n
1 the year 1797, or until one humlr
ears after tho institution d i
iB the several reductions in the ,
B and tho consequent incrcwi
ncy took place, gold became n
larce ; and with tho issue of thcil
)und notes, it totally difap^t

iintry.

feet was foretold by all poiib
and especially by Mr. Burke, tb
elircd from public life, who m
streat, to Mr. Canning, to say to 5
hime Minister, these prophetic m
for the one and two pounds ispi
ass, we shall never see another piij
.' The bill did pass, and the prrf
ilfllled; for not another guinci, I
sovereign, was seen in England,
until tho bill was repealed two i
ars afterwards! After remaini
uarter of a century without a i
England abolished her one andt
IS, limited her paper currency toj
quired all Bank of England noted
gold, and allowed four years fori
effect Before the four years H
,nk of England reported to Parlim
1 ready to begin gold payments;
a accordingly, and has continued^

couragement of counterfeiting wmI
evil which Mr. B. pointed out asl
a small note currency; and of all
ions of notes, he said those of one
ds in England (corresponding
;en8 in the United States), wer«
;ho demoralising business of coi
chiefly directed! They wen

i,,*;n pme of tho forplnpr doprrdator! and
I'jtffTthc obvious rca^onxthat Hvch and Uno I
„« !<mttl! enough to pass ciirn-ntly nnionp p<'r-
Ln» not much acquainted with Iwink paixr. and
L-e fnoiiph to airord some profit to compi-n-
Ly for the expense and labor «>f producing tlio
rflnlfrttit, and the rink of pa^^infr it. llelow
ir(<, the profits arc too small for the tn))or and
Ult. Too many have to l)C forged and passed
Mn an article of any value can be purchnce*! ;
id the chanfro to Ikj pot in silver, in pnsoing
me for a small article, is too little. Of twenty
id upwanls, though the profit is greater on
ijing them, yet the danger of detection is
greater. On account of its larger size, the
,tei»not only more closely scrutinizeil before
13 received, and the passer of it better remem-
but the circulation of them is more con-
,ed to business men and largo dealers, and
iTcr change will not be given for them in buy-
ij small articles. The fives and tens, then, in
k United States, like the XI and X2 in Eng-
aro tho peculiar game of counterfeiters,
idthwis fully proved by the criminal statistics
the forger)' department in both countries,
iccording to returns made to the British Parlia-
)ret for twenty-two years — from 1797 to 1819
the period in which tho one and two pound
les were allowed to circulate, the whole
ibcr of prosecutions for counterfeiting, or
Ksing counterfeit notes of the Bank of Eng-
wAS 998: in that number there were 313
jitalconvictionB ; 530 inferior convictions ; and
acquittals : and the sum of X240,900, near a
^ion and a quarter of dollars, was cxpcnd-
by the bank in attending to prosecutions.
thi3 great number of prosecutions, the re-
show that the mass of them wore for
races connected with the one and two pound
The proportion may be distinctly seen
|the number of counterfeit notes of difTerent
lominations detected at the Bank of England
a given period of time — from the 1st of
luary, 1812, to the 10th of April, 1818— being
mod of six years and three months out of
twenty-two years that tho one and two
id notes continued to circulate. The detec-
wcre, of one pound notes, the number of
fJ238; of two pound notes, 17,787 ; of five
notes, 5,826 ; of ten pound notes, 419 ;
reaty pound notes, 54. Of all above twenty
i, 35. The proportion of ones and twos

to the other n'xrvn may l* will <«ron in tho tabl'<
for tliin brief ixriiid; but to have any \<\v» of
the mass of counterfeiting done tipon tho"**
small iiotea, the whole iH-riod of twenty-tw<i
yiarn nuicf Ik- otisidereil, mid the entire kirv-
dom of (ireat Uritnin taken in ; for the list onlv
inriudes the number of eoiinterfeif* deterled (it
the counter of the bank ; a place to whirh lb<'
guilty never carry their forgeries, and to wbirli
a portion only of tho«o rireiiliitinir in and about
fiondon could Ik; carried. Tlie proportion of
crime connected with the small notes is here
shown to lie enormously and frightfully pnnt.
The same results are found in the liiited State-.
Sir. I), had hoko*! over the statistics of crime
connected with the counterfeiting of bank notts
in the United States, and found the ratio bet\ve( n
the great and small notes to lie about the same
that it was in England. He liad had recour'^o
to the most authentic data — Ilicknell's Coun-
terfeit Detector — and there fomid the editions < f
counterfeit notes of the local or State Imnks, to
be eight htindrcd and eighteen, of which seven
hundred and fifty-six were of ten dollars and
under; and sixty-two editions only were of
twenty dollars and upwards. Of the Bank if
the United States and its branches, he foimd
eighty-two editions of fives ; seventy-one edi-
tions of tens; twenty-six editions of twentiis;
and two etlitions of fifties ; still showing timt
in the United States, as well as in England, on
local banks as well as that of the United States',
the course of counterfeiting was still the same ;
and that the whole stress of the crime fell uixm
tho five and ten dollar notes in this country, ami
their corresponding classes, the one and two
pound notes in England. Jlr. B. also exhibited
the pages of Bicknell's Counterfeit Detector, a
pamphlet covered over column after column
with its frightful lists, nearly all under twenty
dollars ; and he called upon the Senate in the
sacred name of the morals of the country — in
the name of virtue and morality— to endeavor
to check the fountain of this crime, by stopping
the issue of the description of notes on which
it exerted nearly its whole force.

"Mr. B. could not quit the evils of tI:o
crime of counterfeiting in the United States
without remarking that the difficulty of lej:al
detection and punishment was so great, owing
to the distance at which the counterfeits were
circulated from the banks purporting to issue

f}C2

TlllinV YKAIW VIEW.

lluin, and tlio iitill ^rcutct difnciilty (in moat
i'ii.'<i'M iin|)<)Niiilili') of ^i'tti'i)( witni-MNi-H to attcixl
ill |NrM)ii, in Kutcf* in wlmh tlxy <lo not n'^'(il>,
tlif ('ouiiUrfi'itiTH all <'li(K)Hiii^ to {irncliM* thvir
ciiniu niul ciiculutv their (ii-Ktrics in tStato"
wliidi <lo not contain tlio liankM wIiomi pA|>i I
lliiy nro iniitutin^;. So difllcult ia it to olituii>
the uttcnduncc of witninHcs in other Statca, tlmt
till! Clime of counterfeiting is almoHt pmctiHed
wilii impunity. Tiie notea under $'20 feed and
HU|>])ly thiM crime ; let them be atopped, and
ninety-nino hundivdlha of this crime will atop
with them.

" A third nlijectiua which Mr, 1). urged aj^aiuHt
tlie notes under twenty dollars was, that
ncurly the whole evils of that iMirt of the (Hipcr
Kystem fell upon titu laboring and umall deal-
ing piirt of tlio community. Nearly all the
eounterfeitfl lodged in their hands, or wi I'e
shaved out of their hands. When a bank faiiud,
the mass of its circulation being in small
notes, sunk upon their hands. Tho gain to the
b.inks from tho wear and tear of small notes,
came out of them ; the loss from the same
cause, fulling up<m them. Tho ten or twelve per
cent, annual proiit for furnishing a currency in
place of gold and silver (for which no interest
would 'le paid to the mint or tho government),
cliiiily fulls upon them; for the paper currency
is chicily under twenty dollars. These evils
they almost exclusively bear, while they have,
over and above all these, their full proportion
of all the evils resulting from tho expansions
und contractions which are incessantly going
on, totally destroying the standard of value,
periodically convulsing the country ; and in every
cycle of five or six years making a lottery of
all property, in which all tho prizes are drawn
by bank managers and their friends.

" lie wished the basis of ' , < Mlar.in through-
out ;hc country to be in hard toopo; !■ 'irmers,
laborers, and market peo' ?, rpuL .' 'oceive
their payments in hard iii.i. j. They ought
not to be put to the risk of receiving bank, notes
in all their small dealings. They are nojudgcs
of good or bad notes. Counterfeits are sure to
fall upon their hands ; and the whole business
of counterfeiting was mainly directed to such
notes as they handle — those under twenty
dollars.

" Mr. B. said he here wished to fix the attcn-
ion of those who were in favor of a respectable

paper rurrcnoj— -a currency oriri|M<rtaMft>,|
notes of twenty dollars and upwaril*— «n i ,
great fort, that tho er the »[ieeic (jwiii. ||,

largt r and ^afir would be the HU|KTiitnirtiiri i
pa|MT which rt'Kt«'<l iip«jn it; tho Knialjcr t!j,J
tpicik bavis, the xmalU-r and more iinK«r<' tm..;
bo tho |;u|Kr which rested on it. The nimnr-
of Fngland is S;i'><'."»><M>W\ to wit; jCN/khh
sterling (near $ l(VM)0,()UO)in silver ; XJ2,i)(K),it,|
Rtcrling (above 910<),000,()U<)) in g<il.|; i^|
alxjut X3t),0()0,00() «U>rIing (near ^l.Vi.OoOdi. )
in bank notes. The cur'>nc^ of the I'nu.J
States is diflicult to 1h it.rertaincd, from tU
multitude of f unU4, in <l tii iiceisant lUml
flow of till it ..'--ues; cdculai onsvary; biitall[H,|
tho paper ci duf " nt Ic* than $IOO,0(JO,(,iii j
and i,!i > I roportion of specie .\nd paper, »t 11101
th. ' i«j
and tho suppression of small notes, will give
larger total circulation than we now liDve, r.i
a safer one. The total circulation may then I
S:;0(),n00,000,in the projiortions of half pai)€ri.'i|
half specie ; and the specie, half gold ami bi
silver. This would be an immense improTcj
mcnt upon our present condition, both in quai
tity and in quality ; the paper part would t
come respectable from the suitpression of note
under twenty dollars, which arc of no protit q
ccpt to tho banks which issue them, and tlij
counterfeiters who .imitate thum ; the t^pi
part would be equally improved by becomia
one half gold. Mr. B. could not quit this 'u^
portant point, namely, the practicability of m
obtaining a sjiccie currency of $100,000,000, inj
the one half gold, without giving other pn
to show tho facility with which it has
every where done when attempted. He refcj
red to our own history immediately after tlj
Rovol'ition, wliLii tho disappearance of papT
n. key was instantly followed, as if by ma^
by the appearance of gold and silver ; to Frai
where the energy of the great Napoleon, tin
first consul, restored an abundant supply of m
and silver in ono year ; to Kngland, wlwre t
acquisition of gold was at the rate of .$-24 1""'*
per annum for four years after the note
five pounds were ordered to I* suppresad ;
he referred with triumph to our ow n preaj
history, when, in defiance of an immense 1
powerful political and moneyed combii

ANNO IMft. iSIMlKW JACKSON, MUMIhKNr.

663

-a nirix'nry of w iixTHliif-i l^,|

• ilollnr" ami hi>w«|i1«— <m i «|
iho iT the »i»ccic Ukik. t) J
wouUl bf the nti|)iTi*tnirtiifi ||
^t^•^l »ip«)n it; the Miiallcr lUtj

• HinalhT ninl nion- iinstfo rnuJ
iiii'h ri'sti'fl on it. The rumiifj
:ui(MMi(),OUO, to wit: XH,(Hki.c,J
lO,(X)0,t)0<))in Hilver; X22,()ip(i.i.ij
I »100,()<)0,00()) In g-.l.l; ,a
1)00 dUTlinK (near 815(l,0<)0(Niii]

Tho ciir-nc^' of the I'miiii
iiU to III: liATi'rtaincd, from ili<
,tn' ■' . I ' til . iccRHant clbinl
icH, t klculaiionsYnry; butilltH.[
.lui -at h-'than^lOO.OflCwj
rlion 'if specie .\nd paper, it m..
pajM-T. This is aKreeil upon il
tuniuieiit for tho practuJ rwu!
wc ' f our spccio to S100,000,iH«j
e-iBion of Braall notes, will pre
irculation than wo now have, v
Iho total circulation m»y then
in tho proi)ortion8 of half pnperii
nd tho Bpecic, half gold and lu!
would bo an immense improTt
r present condition, both in qui
uality, the paper part would'
iblo from tho Buppresaion of not
dollars, which arc of no profit ei
banks which issue them, and il

who .iuiitato theraj the i>]
ae eciually improved by bccomii
Mr. B. could not quit this ii
namely, the practicability of k
,«cie currency of ^100,000,000, «
gold, without giving other pi
facility with which it has
done when attempted. He rtfe
wn history immediati-ly after '
vliai tho di.sappearanco ofpaj
instantly followed, as if by ma
ranee of gold and silver ; to Fn
ncrgy of the great Napoleon, tl
•estored an abundant supply of po
one year ; to England, where
gold was at the rate of ^ll*''*'''
)r four years after the note^
•ere ordered to be supi-resscd
ith triumph to our o" n pres
n, in defiance of an immcn.<e
itical and moneyed combi

I^UKt K*<i ' W0 will h«To acquired about
\p\ «)0,()0O o( f Hat nirtal in the two conrhidtng
I„(r4 of Pn'iiident J*' kkon'ii adiniuistr«tion.

Mr. h '""'* this o«ca.-i > ' • • xprtss hiii n-

tm\ that thi* tr<u idea of baitkn MHrfOcd to bo

lldtiBilii" '"••nntry, anil ''i»t here we ha«l but

|^rcuoiv|ii 'I or a bunk. r.v(<fpt a* an \s»\UHr

fciimnry. A bank or discount aitd .It'piHiit,

IP iitra<ii.<'tinction to a bank of circulation, in

illy thought of la thu Unitt'd Stati ^ ; and it

If lie news to aomo bank proJcctorM, who auiv

that nothing can bo dono without banki«

iLi(uo millions of paper, tolcam tliat lhc>;n<at

okeri in London and Paris, and other capitals

! Earopo, issuo no paper; and, still more, it

(T bo news to them to learn that Liverpool

I Manchester, two cities which hap|K>n to do

ut as much business as a myriad of such

ts u this our Washington put together, also

fptn to have no bonks to issue currency fur

km. They use money and bills of exchange,

I hive banks of discount and deposit, but no

I of circulation. Mr. Gallatin, in his Essay

I Currency, thus sjicaks of them :

■There are, however, even in Englond, where

nrporatcd country banks issuing paper arc

^numerous, and have been attended with tho

advantages, and the same evils, as our

Dtry banks, some extensive districts, highly

jtrious and prosperous, where no such bank

i exist, and where that want is supplied by

I of exchange drawn on London. This is

tease in Lancashire, which includes Liverpool

1 Manchester, and where such bills, drawn at

Kty days after date, are indorsed by each

tssirc holder, and circulate through numer-

; persons before they reach their ultimate

jitination, and are paid by the drawee.'

'Mr. B. greatly regretted that such banks as

! in Liverpool and Manchester were not in

jie in tho United States. They wero the

bt kind of banks. They did great good, and

wholly free from mischief. They lent

ley; they kept money; they transferred

dits on books ; they bought and sold bills of

Dge ; and these bills, circulating through

py hands, and indorsed by each, answered

burpose of large hank notes, without their

8, and became stronger every time they

! passed. To the banks it was a profitable

oess to sell them, because they got both ex-

: and interest. To the commercial com<

likf

niunlty thoy wtrr rr>n\rni«n4i WMh «m b remit-
tance and %n fundit in liand. To tbv oouiniunilr
they w.-re »i»lirtly "aft". iRMkkx TdiMviunt and
dijiosit in the l'uitf<l Staira, ».«i.iiig no ciirrenry,
and isMuing no bank notr < xc-cpt of SlOOand
u|i» iinU, and di-aling w vxihaiigo, wo«d<l lie in-
tilU d to the Aivor aM4 cotilldi-ncv of titc |Mi>p!c
and of the fi'<k*»I gf^vernmcnt. Such lnuikit
(inlv should U tho dt-iKxiitoricw of tlie public
moneys.

'• It is the faculty of insuinK jwi nrrenry
which Miakc-* tmnks dan(tpr««u.>« t>i ^ country,
and i^.c heiirht to whi<h this ^anni-r ri*>i

in thif Tnitcil States, and the j i --t « ich it
!.'« niiikin);. .should rouse ami alai » (ho iiolc
oramunity. It is dentrojin;; aU mdor ' of
value. It is subjecting the country I tom«tnil.^-
ing anii ruinous fluctuation T prire. ft is mak>*
ing a lottery of property, m I making; «r "l^rt'
di -<.' of niMHcy, which has ii. be bimghi bv the
til ket holiicrs in the great lolUry at
till per cent, a month. It isci|uivali
dcM ruction of weights ond measures, i
bu) 1 isj and Billing without counting, w
or nil I- lining. It is the real izat ion, in ii
cnt fii in, of tho debasement and arbitrary
ation ( ' llic value of coins practised by thu
of Euro'c in former ages, and now by tho Sta^
of Turki \ . It is cxtingui8hiii<: the idea of
moderali . annual interest. rcat duties •»
thus impoM^'il upon the legislator ; ond tho lir«f
of these ci itics is to revive and favor tho cln«»
of banks I) discount and deposit; banks to makf
loans, keep money, transfer credits on books,
buy and sill exchange, deal in buinoii ; but to
issue no pnj r. This class of banks should bu
revived and favored; and tho United States
could (asily r vivo them by confiding to them
the public di'i 'isits. Tho next great duty of the
legislator is t( limit the issues of banks of circu-
lation, and make them indemnify the community
in some little dogree, by refunding, in annual
taxes, some part of their undue gains.

"The progress of the banking busine.ss is
alarming and deplorable in tho United States.
It is now computed that there arc 750 bucks
and their branches in operation, all having au-
thority to issue currency ; and, what is worse,
all that currency is receivable by the federal
government. The quantity of chartered bank
capital, as it is called, is estimated at near
$800,000,000 ; the amount of this capital ro-

GG4

TIliriTY YEARS' VIEW.

ported liy the l)ank8 to have Ijcen paid in is
about $300,000,000 ; and the quantity if paper
money which they are authorized by their char-
ters to issue is about ^7.'>(),000,000. How much
of thift b actually issued can never be known
with any precision ; for such arc the fluctuations
in the amount of a paper currency, ilowinj;; from
750 fountains, that the circulation of one day
cannot be railed upon for the next. The amount
of capital, reported to be paid in, is, however, well
ascertained, and that is fixed at ^300,000,000.
This, upon its face, and without recourse to any
other evidence, is proof that our banking system,
as a whole, is unsolid and delusive, and a fright-
ful imposition upon the people. Nothing but
specie can form the capital of a bank ; there are
not above sixty or seventy millions of specie in
the country, and, of that, the banks have not
the one half. Thirty millions in specie is the
extent ; the remainder of the capital must have
l)cen made up of that undefinable material called
' specie funds,' or ' funds equivalent to specie,'
the fallacy of which is established by the facts
already stated, and which show that all the
specie in the country put together is not suffi-
cient to meet the one fifth part of these ' specie
funds,' or 'funds equivalent to specie.' The
equivalent, then, does not exist ! credit alone
exists ; and any general attempt to realize these
' specie funds,' and turn them into specie, would
explode the whole banking system, and cover
the country with ruin. There may bo some
solid and substantial banks in the country, and
undoubtedly there are better and worse among
them ; but as a whole — and it is in that point
of view the community is interested — as a whole,
the system is unsolid and delusive ; and there is
no safety for the country until great and radical
reforms are effected.

" The burdens which these 750 banks impose
upon the people were then briefly touched by Mr.
B. It was a great field, which he had not time
to explore, but which could not, in justice, be
entirely passed by. First, there were the sala-
ries and fees of 750 sets of bank officers : presi-
flents, cashiers, clerks, messengers, notaries pub-
lic to protest notes, and attorneys to sue on
them ; all these had salaries, and good salaries,
paid by the people, though the people had no
hand in fixing these salaries : next, the profits
to the stockholders, which, at an average of ten
per ceutuw gross would g*" -e thirty millions of

dollars, ' 1 levied upon the pcoi)le ; then nri
the profits to the brokers, first cousins to tbj
linkers, for changing notes for nioncv, or f ,J
other notes at par ; then the gain to the ba; J
and their friends on speculations in pmrjertvi
merchandise, produce, and stocks, diirinc tli
periodical visitations of the expansions and c
tractions of the currency ; then the pain fri.i
the wear and tear of notes, which is so nii;cl
loss to the people ; and, finally, the great chaJ
ter of counterfeiting which, without being p J
fitable tc (he bank, is a great burden to the k >
pie, on whose hands a':: the counterfeits sinj
The amount of these burdens he could not cf n
pute ; but there was one item about which tint
was no dispute — the salaries to the ofliicprs an|
the profits to the stockholders — ana ihis jn
senteu in array of names more numerouii. auj
an amount of money more excessive, th,in waj
to be found in the ' Blua Book,' with the Arml
and Navy Register inclusive.

" Mr, B. said this was a faint sketch of ilj
burdens of the banking system as carried on t
the United States, where every bank is a coinej
of paper currency, and where every town,
some States, must have its banks of circulatiJ
while such cities as Liverpool and Manchest^
have no such banks, and where thcpapcrmom
of all these machines receive wings to fly ovJ
the whole continent, and to infest the wliol)
land, from their universal receivability by ttJ
federal government ki payment of all dues i
their custom-houses, land-offices, post-offi«
and by all the district attorneys, marshals, i
clerks, employed under the federal judiciad
The improvidence of the States, in chartcrin
such institutions, is great and deplorable ; bi
their error was trifling, compared to the inipr(
vidence of the federal government in taking tij
paper coinage of all these banks for the cumiK
of the federal government, maugre that clanJ
in the constitution which recognizes nothing bi
gold and silver for currency, and which was ii
tended for ever to defend and preserve this I'Diu
from the evils of paper money.

"Mr. B. averred, with a perfect knowledeoij
the fact, that the banking system of the UniiJ
States was on a worse footing than it was ins
country upon the face of the earth ; and tbatj
addition to its deep and dangerous dckts,
was also the most expensive and burdousonj
and gave the most undue advantages to onep

AXXO 1830. ANDREW JACKSOX, PRESIDENT.

CG5

1(1 upon the pcojile ; then ruir,
le brokers, first cousins to t
inging notes for money, or f(
ar ; then the gain to the baji
i\s on speculations in jiroijertv
roducc, and stocks, during tl
tiona of tho expansions and c
) currency ; then the gain fn.i
ear of notes, which Ls so muc
pie ; und, finally, the great olia
;iting which, w^ithout Ijcin;: pp
ank, is a great burden to the j*
hands a'i tho counterfeits sir.
■ these burdens he could not c
•c was one item about which tin
; — the salaries to the officers an
the stockholders— an i iliia r
ly of names more numcrou.«. a»
money more excessive, than w
the ' Blue Book,' with the Arm;
rister inclusive,
id this was a faint sketch if
le banking system as carried on ii
,atcs, where every bank is a coim
rency, and where every town,
must have its banks of circulatifii
ties as Liverpool and Mancheit
banks, and where the paper mo
aachines receive wings to fly ovi
jntinent, and to infest the who
leir universal receivability by t
•nment in payment of all dues
■houses, land-offices, post-ofB
e district attorneys, marshals.
oj'cd under the federal judic
denco of the States, m chartcri
ions, is great and deplorable; bi
■as trifling, compared to the imp
e federal government in taking
of all these banks for the cumi
_ government, maugrc that clan
tution which recognizes nothing bi
er for currency, and which was
cr to defend and preserve this Udj
is of paper money,
■erred, with a perfect knowlclM
the banking system of the Unit
in a worse footing than it was in
n the face of the earth ; and tbal
its deep and dangerous dcte
most expensive and burdensoi
moat undue advantages to one

/ihc n»mmnnity over another. lie had no

ixiM but that this banking system was more

wden.«on>c to the free citizens of tho United

fates than ever the feudal system was to the

rikins. and serfs, and pea.sant8 of Europe. And

^t did they get in return for this vast bur-

fcn ? A pestiferous currency of small paper !

ihen tlicy might have a gold currency without

urin? interest, or suffering losses, if their banks,

itetlinse in Liverpool and Manchester, issued no

rrroncy except as bills of exchange ; or, like

tie Bank of France, issued no notes but those

rf 500 and 1,000 francs (say $;100 and ^500) ;

eren, like the Bank of England, issued no

e under £5 sterling, and payable in gold. And

ithhow much real capital is this banking sy.s-

1, go burdensome to the people of the United

» carried on? About $30,000,000! Yes; on

,i;t.S3(>,000,000 of specie rests the $300,000,000

b, and on which the community are paying

itercst, and giving profits to bankers, and blind-

vielding their faith and confidence, as if the

iMe §300,000,000 was a solid bed of gold and

Irer, instead of being, as it is, one tenth part

10, and nine tenths paper credit ! "

Other senators spoke against the recharter of

banks, without the amelioration of their

irters which the public welfare required ; but

iihout eflect. The amendments were all re-

led, and the bill passed for the recharter of

whole six by a large vote — 20 to 14. The

and nays were :

IYeas.— Messrs, Black, Buchanan, Calhoun,
V Crittenden, Cuthbert, Davis, Ewing of
lio,Goldsborough, Hendricks, Hubbard, Kent,
log of Alabama, Knight, Leigh, Naudain,
tholas, Porter, Prentiss, Rives, Southard,
lift, Tallmadgo, Tomlinson, Walker, Webster.
Pivs,— Messrs. Benton, Ewing of Hlinois,
f of Georgia. Linn, McKean, INIangum, Mor-
iXiles, Robmson, Ruggles, Shepley, Wall,
lite, Wright.

CHAPTER CXLIV.

INDEPENDENCE OF TEXAS.

(iiNG several months memorials had been
: in from public meetings in difierent cities

^Tor of acknowledging the independence of
-the public feeling in behalf of tho people

of that small revollod provinco. strmii: from the
iK-ginning of the contest, now iiill;iiiu<! into rnpo
from the ma.s.^nores of the .\l.iiuo and of (loliad.
TowanU the middle of May news of the vic-
tor)' of iSan Jacinto arrived at Wasliington.
Public feeling no longer know any bounds.
The people were exiilted — Conjiress not less so
— and a feeling for the acknowlolj^mcnt of
Texiiin independenre, if not universal, almost
general. The sixteenth of May — the first sitting
of the Senate after this great news — Mr. Man-
gum, of North Carolina, presented tlie pr<x'eed-
ings of a public meeting in Burke county, of that
State, praying Congress to acknowledge the in-
dependence of tho young republic. Mr. Predion
said : " The effects of that victory had opened up
a curtain to a most magnificent scene. This
invader had come at the head of his forces, urged
on by no ordinary impulse — b3'an infiiriutc fana-
ticism — by a superstitious Catholicism, goaded
on by a miserable priesthood, against that in-
vincible Anglo-Saxon race, the van of which
now approaches the del Norte, It wa.s at once
a war of religion and of liberty. And when
that noble race engaged in a war, victory was
sure to perch upon their standard. This wa.<
not merely the retribution of the cruel war upon
the Alamo, but that tide which was swollen
by this extraordinary victory would roll on ;
and it was not in the spirit of prophecy to say
where it would stop." Jlr. Walker, of Missis-
sippi, said :

" He had, upon the 22d of April last, called
tho attention of the Senate to the struggle in
Texas, and suggested the reservation of any
surplus that might remain in the tieasury, for
the purpose of acquiring Texas from whatever
government might remain the government de
facto of tha^ country. At that period (said Mr.
W.) no allusion had been made, he believed, by
any one in either House of Congress to the situ-
ation of affairs in Texas, And now (said Mr.
W.), upon the very day that he had called
the attention of the Senate to this subject, it
appeared that Santa Anna had been captured,
and his army overthrown. Mr. W. said he had
never doubted this result. When on the 22d
of April last, resolutions were introduced before
the Senate by the senator from Ohio (Mr. Mor-
ris), requesting Congress to recognize the inde-
pendence of Texas, he (Mr. W.) had opposed
faying these resolutions on tho table, and advo-
cated their reference to a committee of tho
Senate. Mr, W. said he had addressed tiie
Senate then under very different circumstances
from those which now existed. The cries of

1i'

TUIUTY YEARS' VIEW.

the expiring priMoiicrs at the Alamo were then
resouniiiiip in our cars ; the victorious usurper
was advancinp onward with his exterminating
M'arfare, and, in tho minds of many, all was
gloom and despondency ; but Mr. W. said that
Uie published report of our proceedings demon-
strated tliat he did not for a moment despond ;
that his confidence in the rifle of the West was
iirm and unshaken ; and that he had then de-
clared that the sun was not more certain to set
in tho western horizon, than that Texas would
maintain her independence ; and this sentiment
he had taken occasion to repeat in tho debate
on this subjeot in the Senate on the 9th of May
last. Jlr. W. said that what was then predic-
tion was now reality ; and his heart beat high, and
his pulse throbbed with delight, in contemplating
tliis triumph of liberty. Sir (said Mr. W.), the
people of the vallej- of the Mississippi never
could have permitted Santa Ana and his myr-
midoui:) to retain the dominion of Texas."

iMr. Walker afterwards moved the reference
of all the memoiials in relation to Texas to the
Committee on Foreign Relations. If the accounts
received from Texas had been official (for as
yet there were nothing but newspaper accounts
of the great victory), he would have moved for
the immediate recognition of the Texian inde-
pendence. Being unofficial, he could only move
the reference to the committee in the expecta-
tion that they would investigate the facts and
bring the subject before the Senate in a suitable
form for action. Jlr. Webster said :

" That if the people of Texas had established
a government do facto, it was undoubtedly
the duty of this government to acknowledge
their independence. The time and manner of
doing so, however, were all matters proper
for grave and mature consideration. lie should
have been better satisfied, had this matter
not been moved again till all the evidence
had been collected, and until they had received
official information of the important events that
had taken place in Texas. As this proceeding
had been moved by a member of the adminis-
tration party, he felt himself bound to under-
stand that the Executive was not opposed to
take the first steps now, and that in his opinion
this proceeding was not dangerous or premature.
Mr. \V. was of opinion that it would ' be best
not to act with precipitation. If this informa-
tion was true, they would doubtless before long
hear from Texas herself; for as soon as she felt
that she was a country, and had a country, she
' would naturally present her claims to her neigh-
bors, to be recognized as an independent nation.
He did not say that it would be necessary to
wait for this event, but he thought it would bo
discreet to do so. He would be one of the first
to ack'aowlcdge the iiidependence of Texas, on

reasonable proof tliat she had cstalilishei] >
emment. There were views coniiecttil l"t
Texas which he would not now prestnt «
would be premature to do so ; but lie woijli u
Ber\'e that he had received some informjii-l
from a respectable source, which turned his' J
tcntion to tho very significant expi-essi.)n ^
by Mr. Monroe in his message of 1822 tint
European Power should ever be pcrmittwH
establish a colony on the American contiJt„
He had no doubt that attempts would be m
by some European government to obtain a a
sion of Texas from the government of Mcxi„

Mr. King, of Alabama, counselled modera J
and deliberation, although ho was aware that]
the present excited feeling in relation to TeJ
every prudent and cautious course wouM I
misunderstood, and a proper resene be probabl
construed into hostility to Texian indepcndencJ
but he would, so long as he remained a mma
on that floor, be regardless of every persoj
consideration, and place himself in opposition]
all measures which he conceived were calcukJ
to detract from the exalted character of i
country for good faith, and for undcviating i
herencc to all its treaty stipulations. He ty
went on to say :

" He knew not whether the information I
ceived of the extraordinary successes of the ij
ans was to be relied on or not ; he sinwi^
hoped it might prove true ; no man here fdi
deeper detestation of the bloodthirsty wixtcl
who had cruelly butchered their dcfenctl
prisoners, than he did; but, whether true
false, did it become wise, discreet, prudent
bound by the strongest considerations to
serve the honor and faith of the country, to
hurried along by the effervescence of fcelij
and at once abandon the course^ and
say, the only true course, which this governi
has invariably, heretofore, pursued towardj
reign powers ? We have uniformly (said
K.) recognized the existing governments-
governments de facto; we have not stopped
inquire whether it is a despotic or constimti
government ; whether it is a republic or a
potism. All we ask is, does a governini.nt ai
ally exist? and. Laving satisfied oitscIvcs
that fact, we look no further, but rccofrnize il
it is. It was on this principle (said Mr. K,]
this safe, this correct principle, that we i
nized what was called the Republic of Fi
founded on the ruins of the old monarchy; il
the consular government ; a little after, the
perial ; and when that was crushed by a coi
nation of all Europe, and that extraui
man who wielded it was driven into exil(
again acknowledged the kingly govcrnmed
the House of Bourbon, and now the cui
tional King Louis Philippe of Orleans.

ANNO 183ti. ANDUKW JACKSOX, nU'-SlDEXT.

667

; tliat she had c8tal)Vishcil & jr„
re were views conntctcti v.ij
B would not now iirusint, u
,ture to do so ; but lit- would oil
had received some informatil
ble source, which turned his J
very gignificant expression \^
in his message of 1822, th« h
er should ever be pcrmitUill
ony on the American contineit
bt that attempts would \k tnai
pean government to obtain a o
from the government of Mexio

f Alabama, counselled moileratiJ
on, although ho was aware that I
icited feeling in relation to T«J
t and cautious course would I

I and a proper rcser\e be prohabl
J hostility to Texian indepcndend

so long as he remaircd a mcmU
r be regardless of every pcrsoi

and place himself in opposition I
which he conceived were calculjtl
rom the exalted character of i
good faith, and for undcviating (

II its treaty stipulations. lie tli
jay :

kv not whether the information
. extraordinary successes of the T(
be relied on or not ; he mm.
rht prove true ; no man here fell
jtation of the bloodthirsty wretcl
iruelly butchered their defenctl
ban he did; but, whether true
become wise, discreet, pruaenf
he strongest considerations to ,
Uor and faith of the country, to
Ine by the effervescence of feeli
abandon the course, and, he woi
/ true course, which this governt
,lv heretofore, pursued towards
\ri\ We have uniformly (said
,zod the existing governments-
a de facto s we have not stopped
;ther it is a despotic or constitutifl
f whether it is a republic or a
li we ask is, does a govcmnent
I and, baving satisfied ovrselves^
elooUo further, but rccopmze 'I
-as on this principle (said Mr. K,
lis correct principle, that \rer.
was called the lepubhc of F.
the ruins of the old monarchy ;ll
^government; a little after, the
Iw-hen that was crushed by a CO!
all Europe, and that ex raonk
'Jielded it was driven into eri
'owledged the kingly governme
of Bourbon, and now the «1
Louis Philippe of Orleans,

.vir(said Mr. K.), we take thinps as they
ire a.sk not how governments are estab-
_by what revolutions they are brought

, exi4tnoe. Let us see an independent gov-

lent in Texas, and he would not be beliind

■nator from Mississippi nor the senator

A)uth Carolina in pressing forward to its

vTiition. and establishing with it the most

lii\ and friendly relations."

Mr. Calhoun went beyond all other speakers,
udvocated not only immediate recognition
(be independence of Texas, but her simulta-
j admission into the Union ; was in favor
^tin" on both questions together, and at the
nt session ; and saw an interest in the slave-
in" States in preventing Texas from liaving
power to annoy them. And he said :

•lie was of opinion that it would add more
-mrth to the cause of Texas, to wait for a few
iuntil they received official confirmation of
Tictory and capture of Santa Anna, in order
ickiain a more unanimous vote in favor of the
fliition of Texas. He had been of but one
J)n from the beginning, that, so far from
ico being able to reduce Texas, there was
it danger of Mexico, herself, being conquered
theiexans. The repult of one battle had
the ruler of Mexico in the power of the
,j ; and they were now able, either to dic-
»liat terms they pleased to him, or to make
„wit!i the opposition in Mexico. This ex-
inlinary meeting had given a handful of brave
most powerful control over the destinies
Mexico ; he trusted they wonld use their
irv with moderation. He had made up his
not only to recognize the independence of
but for her admission into this Union ; and
Texans managed their affairs prudently,
would soon be called upon to decide that
lion. No man could suppose for a moment
country could ever come again under
[dominion of Mexico ; and he was of opinion
it was? not for our interests that there
lid be an independent community between
id Mexico. There were powerful reasons
fas should be a part of this Union. The
rp. States, owning a slave population, were
iV interested in preventing that country
having the power to annoy them ; and the
stinj and manufacturing interests of the
ihand the East were equally interested in
it a part of this Union. He thought
would soon be called on to decide these
ins ; and when they did act on it, he was
lini: on both together — for recognizing the
ndcnce of Texas, and for admitting her
Ihe Union. Though he felt the deepest so-
on this subject, Iw was for acting calmly,
ntoly, and cautiously, but at the same
|vith decision and firmness. They should
iolate their neutrality; but when they
unco satisfied that Texas had established

a government, they should <lo as they had di)no
in all otlier i-iiuilar cases : rcoopiii/.o Iut a.-* tin
independent nation ; and if her im(i|i!(", ,\ Im \vi iv
once citizi'ii.'^ of this ReiniMic. wi.^hed to couu'
back to us, he would receive tlioiu with <>iki)
arm.s. If events .should jioon as they b.id done,
he could not but hope that, bef ire ilie di><t' df
the present session of Con-rress. liicy would not
only acknowledge the indeiK'ndi'ncV of Tfxas,
but admit her into the Union. He h()j)ed there
would bo no unnecessary del.iy, for. in such
cases, delays were diuigcrous ; biit tluit tlii-y
would act with unanimity, and act promptly."

The author of this View did not reply to Mr.
Calhoun, being then on ill terms with him ; biit
he saw in the speech much to be considered and
remembered — the shadowings forth of coming
events ; the revelation of a new theatre for the
slavery agitation; and a design to make th.'i
Texas question an element in the impending
election. Mr. Calhoun had been one of Mr. Mon-
roe's cabinet, at the time that Texas was ceded
to Spain, and for reasons (as Jlr. Monroe stated
to General Jackson, in the private letter hereto-
fore quoted) of internal policy and considera-
tion ; that is to say, t conciliate the free States,
by amputating slave territory, and preventing
their opposition to future Southern presidential
candidates. He did not use those precise words,
but that was the meaning of the words used.
The cession of Texas was made in the crisis of
the Missouri controversy ; and both Mr. ^Ion-
roe and Mr. Calhoun received the benefit of
the conciliation it produced : ^Ir. Monroe in the
re-election, almost unanimous, of 1820 ; and ilr.
Calhoun in the vice-presidential elections of
1824 and 1828 ; in which he was so much a
favorite of the North as to get more votes than
Mr. Adams received in the free States, and owed
to them his honorable election by the people,
when all others were defeated, on the popular
vote. Their justification (that of Mr. Monroe's
cabinet) for this cession of a great province,
was, that the loss was temporary — "that it
could be got back again whenever it was want-
ed " — but the victory of San Jacinto was hardly
foreseen at that time. It was these reasons
(Northern conciliation, and getting it back when
we pleased) that reconciled General Jackson
to the cession, at the time it was made. One
of the foremost to give away Texas, Mr. Cal-
houn was the very foremost to get her back ;
and at an immense cost to our foreign relations
and domestic peace. The immediate admissioa

CG8

THIRTY YEARS' VIEW.

of Toxns into the Union, was his plan. She
was at war with Mexico — wc at peace : to in-
coriwrate her into the Union, was to adopt her
war. Wo had treaties of amity with Mexico:
to join Texas in the war, was to bo faithless to
those treaties. Vic had a presidential election
depending ; and to discuss the question of Texiun
admission into our Union, was to bring that ele-
ment into the canvass, in which all prudent men
who were adverse to the admission (as Mr.
Van Burcn and his friends were), would be
thrown under the florce of an immense popular
current; while all that were in favor of it
woidd expect to swim high upon the waves of
that current. The proposition was incredibly
rash, tending to involve us in war and dishonor ;
and also disrespectful to Texas herself, who had
not asked for admission ; and extravagantly
hasty, in being broached before there was any
official news of the great victory. Before the
debate was over, the author of this View took
an opportunity to rcpl}'^, without reference to
other speakers, and to give reasons i^inst the
present admission of Texas. But there was
one of Mr. Calhoun's reasons for immediate ad-
mission, which to him was enigmatical, and at
that time, incomprehensible ; and that was, the
prevention of Texas " from having the power to
annoy" the Southern slave StPtes. Wo had
just been employed in suppressing, or explod-
ing, this annoyance, in the Northeast ; and, in
the twinkling of an eye, it sprung up in the
Southwest, two thousand miles off, and quite
diagonally from its late point of apparition.
That sudden and so distant re-j.ppearance of the
danger, was a puzzle, remaining unsolved until
the Tyler administration, and the return of Mr.
Duff Green from London, with the discovery
of the British abolition plot ; which was to be
planted in Texas, spread into the South, and
blow up its slavciy. Mr. Bedford Brown, and
others, answered Jlr. Calhoun. Mr. Brown
said :

" He regarded our national character as worth
infinitely more than all the territoria' posses-
sions of Mexico, her wealth, or the wealth of all
other nations added together. We occupied a
standing among the nations of the earth, of
which we might well be proud, and which we
ought not to permit to be tarnished. We have,
said Mr. B., arrived at that period of our history,
as a nation, when it behooves us to act with the
greatest wisdom and circumspection. But a few
years since as a nation, we were comparatively

in a state of infancy ; wc were now, in th* ft
fldcnce of youth, and with the buoyaiicy ^f j
incident to this period of our existence i* .
tion, abotit to enter on ' man's estate.' |v, \
fid in resources, and conscious of our stnnH
let us not forget the sacred obiipations of i
tico and good faith, which form the indispfJ
)(lo basis of a nation's character— grcatmL J
freedom; and without which, no pcoj,]^, j!j
long preserve the blessings of self-froverniria
Republican government was based on tiie tH
ciplcs of justice ; and for it to be adminis'j
on any other, either in its foreign or domj
affairs, was to undermine its foundaliun uujl
hasten its overthrow."

Mr. Hives concurred in the necessitv f.tr 5
tion ; and said :

" This government should act with mtli
tion, calmness, and dignity ; and, becaus* ]
wished the Senate to act with tliat beconi
moderation, calmness, and dignity, whicli r
to characterize its deliberations on intcrnatii
subjects, it was his wish that the subject ml
be referred. I f it was postponed, it would cJ
up again for discussion, from mornin;; to nu]
ing, to the exclusion of most of thi bus: J
of the Senate, as there was nothing to prtJ
the presentation of petitions every mornin!
excite discussion. It was for the purpose]
a\ oiding these discussions, that he kIwuIiI^
to refer it at once to the Committee on l\,:i
Relations. A prominent member of that l
mitteo had been long and intimately acquaiJ
with the subject of our foreign relatiunsl
there were members on it representing ali|
different sections of the country, to whose cla
he believed the subject could be safely com
ted. It would seem, from the course of d^
this morning, that gentlemen supposed the a
tion of the recognition of the independent
Texas, or its admission into this Union, wJ
rectly before the Senate ; and some pcntla
had volunteered their opinions in advanceol
report of the committee. He did not vol
refer it to the committee to receive its qui
but that they might give their views upc
nor did he feel as if he were called upon t
press an opinion upon the propriety of the |
sure. It was strange that senators, who;
that their opinions were made up, sliouli^
pose the reference."

]Mr. Niles, of Connecticut, was entirej
favor of preserving the national faith invi
and its honor untarnished, and ourselves I
the imputation of base motives in our ff
conduct in relation to Texas, and said:

" This was a case in which this poven
should act with caution. In ordinary ai
this kind the question was only oneof fac
was but little calculated to compromit til
terests or honor of the United States; hi

AXXO 1836. AXDIIEW JACKSOX, I'liF^IKKM.

66?

fancy ; wc were now. in the ,
li, anil with the huoyancy of >pJ
g period of our cxisttnec el* ^ J
enter on ' man's estate' I'owJ
L>H and conacioua of our stnni
p^t the Bacrod oblipntinn^ of j]
faith, which form the iniiispfV
nation's character— greatni** i,
withont which, no people c-ij
the blessinps of Belf-<»vermiiij
)vcmment was based on the fiL
cc ; and for it to be administJ
either in its foreipn or domJ
J undermine its foundatiun auj|
srthrow."

concurred in the necessity fir o
id:

remment should act with ni'A
jss, and dignity ; and, because
Senate to act with that kcon
calmness, and dignity, which on
ize its deliberations on intcrnatii
ivas his wish that the subject t
If it was postponed, it would ri
• discussion, from morninKtoi
exclusion of most of tht busii
ite as there was nothing to prp
ation of petitions every momini
ussion. It was for the purpos.
lese discussions, that he should
it once to the Committee on Voi
r A prominent member of that .
been long and intimately acquaii
subject of our foreign relatiun!,|
members on it representing all
ctions of the country, to whose ch
I the subject could be safely coi
ould seem, from the course of d(
nc that gentlemen supposed the-
) recognition of the independen
its admission into this Union, wi.
,re the Senate -, and some gcntli
^red their opinions in advancso
the committee. He did notwl
the committee to receive itsqi
they might give their views ui
) feel as if he were called upon ti
ipinion upon the propriety of the
was strange that senators, who »
. opinions were made up, shouk
■eference."

lea, of Connecticut, was entire!
(reserving the national faith inJ
mor untarnished, and ourselves!
tation of base motives in our f j
n relation to Texas, and said:

was a case in which this poven
it with caution. In ordinary cal

the question was only oneot li«
little calculated to compromittM

. honor of the United States ;bJ

lotion m regard to Texas was very different,
irwtly more important. That is a country
(„,r own l)order8, and its inhr.bitants, most
'tbtm. emigrants from the United States;
, j,|^st of the bravo men constituting its
«ho arc so heroically fighting to redeem
■ptxivince, are citizens of tiie United States,
Ji have cngnged in this Ijold enterprise as vo-
(Prs. Were this government to be precipi-
in acknowledging the independence of
I ju, niijrht it not be exposed to a suspicion
I win>» encouraged these enterprises of its
i,(,„s? There is another consideration of
J iniportnncp. Should the independence of
1(1113 be followed by its annexation to the
/j.;cd States, the reasons for suspicions dero-
:v to *'"' national faith might be still
^nircr. If ^vc, by our own act, contribute to
Lhc the constituted authorities of the pro-
te with the power of sovereignty over it,
itlicn accept a cession of the country from
„. authorities, might there not be some rea-
fto charge us with having recognized the
Itpendence of the country as a means of getting
bssion of it ? These and other considera-
BS require that this government should act
J, caution ; yet, when the proper time arrives
lill be our duty to act, and to act promptly.
Ithetrasted that all would feel the impor-
[ of preserving the national fnith and na-
il honor. They should not only be kept
■ but free from injurious suspicions, being
.; to be prized than any extension of terri-
■V, wealth, population, or other acquisition,
ich enters into the elements of national pros-
jity or power."

iic various memorials were referred to the
mittce on foreign relations, consisting of Mr.
Ij, Mr. King of Georgia, Mr. Tallmadgc, Mr.
laim, and Mr. Porter of Louisiana ; v. iiich
Ued early, and unanimously, in favor of the
jiition of the independence of Texas, as
Dissatisfactory information should be re-
led, showing that she had a civil government
nation capable of performing the duties
Ifiilfilling the obligations of a civilized
ler. In the report which accompanied the
Ution, its author, Mr. Clay, said :

ISentiments of sympathy and devotion to

1 liberty, which have always animated the

kle of the United States, have prompted the

|iion of the resolution, and other manifes-

m of popular feeling which have been

red to the committee, recommending an ac-

Irledgment of the independence of Texas.

[committee shares fully in all these senti-

but a wise and prudent government

lid not act solely on the impulse of feeling,

per natural and laudable it may be. It

It to avoid all precipitation, and not adopt so

grave % measure as that of reco^tiizing the imliv
}>endence of a niw I'owir, until it lui.-i siiti.'l'ai-
tory infonualion, ami ii:w fully diliU'riitecl.

'" The committee lias no iiifonnatii>n n'S|H'<>tini»
the recent movements in 'i'cxn«, except such as
is derived from the public prints. Aocorilitig
to that, the war broke <nit in IVxas iastuiiluimi.
Its professed object, like that of our rovuliuiou-
ary contest in the connueiicenieiit, wa.s not
separatiim and independence, but a redress of
grievances. In March last. in(le|niidenef was
proclaimed, and a constitution and form of guv
emment were established. No ineaiisi of ascer-
taininjT accurately the exact niiiount of the
population of Texas are at tlie command of the
committee. It has l)een estimated at some nixly
or seventy thousand souls. Nor are the precise
limits of the country wliich passes under the
denomination of Texa.s known to the comuiittee.
They arc probably not clearly detined. but they
are supposed to beextensive, andsullicienlly lai ge,
when peopled, to form a respectable I'ower."

Mr. Southanl concurred in the views and con-
clusion of the report, but desired to say a few
worfls in reply to that part of Mr. Calhoun's
speech which looked to the '• balance of power,
and the perpetuation of our institutions," as a
reason for the speedy admission of 'I'exas into
the Union, and .said '.

"I should not have risen to express theso
notions, if I had not understood the Senator
from South Carolina [Mr. Calhoun] to declare
that he regarded the acknowledgment of the in-
depence of Texas as important, and principally
important, because it prepared the way for the
speedy admission of that State as a nauibcr of
our Union; and that he looked anxiously to
that event, as conducing to a proper balance of
power, and to the perj)etuation of our institu-
tions. I am not now, sir, prepareil to express
an opinion on that question — a question which
all must foresee will embrace interests as wide
as our Union, and as lasting in their consequen-
ces as the freedom which our institutions secure.
When it shall bo necessarily presented to nie, 1
shall endeavor to meet it in a manner suitablo
to its magnitude, and to the vital interests which
it involves ; but I will not, on the present reso-
lution, anticipate it ; nor can I permit an inference,
as to my decision upon it, to be drawn from
the vote which I now give. That vote is upon
this resolution alone, and confined to it, founded
upon principles sustained by the laws of na-
tions, upon the unvarying practice of our gov-
ernment, and upon the facts as they arc now
known to exist. It relates to tlie independence
of Texas, not to the admission of Texas into
this Union. The achievement of the one, at the
proper time, may bo justilied; the other may
be found to be opposed by the highest and
strongest considerations of interest and duty.
I discuss neither at this time ; nor am I willing

C70

THIRTY YEARS' VIEW.

that tlie roninrks of tlic fionntor shonld lead, in
or out of this chnnilx-r. to tlie inference that all
those who vote for tlie rcpoliition concur with
Iiini in opinion. The question which he has
started should be left perfectly open and free."

The TOto in favor of the Resolution re-
ported by Mr. Clay was unanimous — 39 senators
present and voting. In the House of Repre-
Ecntatires a similar resolution was rciwrtcd
from the House Committee of foreign relations,
Mr. John Y. Mason, of Virginia, chairman; and
adopted by a vote of 113 to 22. The nays
were: Messrs. John Qumcy Adams, Heman
Allen, Jeremiah Bailey, Andrew Beaumont,
James W. Bouldin, William Clark, Walter
Coles, Edwnrd Darlington, George Grennell, jr.,
Ililand Hall, Abner Hazcltine, William Hicstcr,
Abbott Lawrence, Levi Lincoln, Thomas 0.
Love, John J. Milligan, Dutee J. Pearco, Ste-
phen C. Phillips, David Potts, jr., John Reed,
Diivid Russell, William Slade.

It is remarkable that in the progress of this
Texas question both Mr. Adams and Mr. Cal-
houn reversed their positions — the former being
against, and the latter in favor, of its alienation
in 1819 ; the former being against, and the
latter in favor of its recovery in 183G — '44. — Mr.
Benton was the lost speaker in the Senate in
favor of the recognition of independence ; and
his speech being the most full and carefully
historical of any one delivered, it is presented
entire in the next chapter ; and, it is believed,
that in going more fully than other speakers did
into the origin and events of the Texas Revolu-
tion, it will give a fair and condensed view of that
remarkable event, so interesting to the American
people.

CHAPTER CXLV.

TEXAS INDEPENDEJICE-Mn. BENTON'S SPEECH.

' Mr. Benton rose and said he should confine
himself strictly to the proposition presented in
the resolution, and should not complicate the
practical question of recognition with specula-
tions on the future fate of Texas. Such specu-
lations could have no good effect upon either of
the countries interested; upon Mexico, Texas,
or the United States. Texas has not asked for
admission into this Union. Ucr independence

is still contested by Jlexico. Her bound
and other important points in htr [loliticai
dition, are not yet adjuste*!. To fiisciij!,
question of her admission into .his Union i
these circumstonccs, is to treat her with d <
spect, to embroil ourselves with Jlcxico. to n\
promise the disinterestedness of our motivKl
the eyes of Europe ; and to start among ours;.],
prematurely, and without reason, a qu^ii
which, whenever it comes, cannot he witld.
its own intrinsic dilTiculties and perplexiticil
" Since the three months that tlie afTairj f
Texas have been the subject of repeated dW
sion in this chair .:>er, I have imposed on mvs
a reserve, not the effect of want of feclinj 1
the effect of strong feeling, and some judr
combined, which has not permitted mc to
utterance to the general expression of niv
timents. Once only have I spoken, and thatl
the most critical moment of the contest i
when the reported advance of the Mesid
upon Nacogdoches, and the actual mo\';nieiiy
General Gaines and our own troops in
rection, gave reason to apprehend the cncoud
of flags, or the collision of arms, which mil
compromise individuals or endanger the i
of nations. It was then that I used those woi
not entirely enigmatical, and which have sij
been repeated by some, without the lirtfiil
their important qualifications, namely; that ^1
neutrality was the obvious line of our dutv [
of our interest, yet there might be eiHergtm
in which the obligation of duty could have|
force, and the calculations of interest could li
no place ; when, in fact, a man should havel
head to think ! nothing but a heart to feel! j
an arm to strike ! and I illustrated this i
ment. It was after the affair of Goliad,
imputed order to unpeople the country, i
the supposititious case of prisoners assass:
women violated, and children slaughtered;
these horrors to be perpetrated in the prtsJ
or hearing of an American army. In such a j
I declared it to be my sentiment — and I no«
peat it, for I feel it to be in me — in such a a
I declared it to be my sentiment, that tre
wore nothing, books were nothing, laws i
nothing! that the paramount law of God I
nature was every thing ! and that the Amtij
soldier, hearing the cries of helplessness]
weakness, and remembering only that he v
man, and bom of woman, and the &therof J

ANNO 1836. ANDREW JACKSON. rRI>;inENT.

871

:cd by ^Icxico. ITer bound
artant points in htr i>olitical
t yet adju8tc<l. To d'ncnw
r admission into .his Union un
tanccs, is to treat her with di
•oil ourselves with Mexico, to n.
isintcrestcdncss of our motivt,
iropc ; and to start among oiirnl
and without reason, a quwti
ever it comes, cannot be «iili^
tioic difficulties and perplcxitiw.
three months that the affairs
)cen the subject of repeated dL
lhair.'Jer, I have imposed on my
)t the effect of want of feclins,
strong feeling, and some judji
•hich has not permitted me to
I the general expression of my
nee only have I spoken, and thil
iritical moment of the contest,
reported advance of the Mcxi
•doches, and the actual nio\';mcn
lines and our own troops in thai
re reason to apprehend the cncoui
the colUsion of arms, which m
individuals or endanger the
It was then that I used those woi
y enigmatical, and which have si^
ted by some, without the jirefix
•Unt qualifications, namely; that w
was the obvious line of our duty
erest, yet there might be enierpi
he obligation of duty could have
the calculations of interest could'
when, in fact, a man should havel
ink ! nothing but a heart to foel!
strike ! and I illustrated this
was after the affair of Goliad, and
>rder to unpeople the country,
sititious case of prisoners assass;
)lated, and children slaughtorcd;
rors to be perpetrated in the prw
; of an American army. In such a
it to be my sentiment-and I m
r I feel it to be in me— in such a
1 it to be my sentiment, that t
.iing, books were nothing, laws
[that the paramount law of God
18 every thing ! and that the Amei
[earing the cries of helplessness
and remembering only that hen
[born of woman, and the fotherof

ihotil'l fly to ^^^ rescue, and strike to pro-
the pcrpotration of crimes which shock hu-
itran'i dishonor the ape. I uttered this
"imcnt not upon impulsion, but with consid-
ii.n; not for theatrical effect, but a.s a nilc
Ktion ; not as vague declamation, but with
,ve to possible or probable evcnt.s, and with a
.f to the public justification of General Gaines
liis men, if, under circumstances appalling
iiumanity, they should nobly resolve to obey
impulsions of the heart instead of coldly con-
0<r the musty leaves of books and treaties.
• Bevond this I did not go, and, except in this
^ I do not speak. Duty and interest
ribcd to the United States a rigorous ncu-
itv • and this condition she has faithfully ful-
Our young men have gone to Texas to
(. but they have gone without the sanction
ic laws, and against the orders of the Gov-
,ent. They have gone upon that impulsion
h. in all time, has carried the heroic youth
ill ages to seek renown in the perils and glo-
of distant war. Our foreign enlistment law
)0t repealed. Unlike England, in the civil
now raging in Spain, we have not licensed
rcnce by repealing our penalties : we have
stimulated action by withdrawing obsta-
Ko member of our Congress, like General
in the British Parliament, has lefl his
to levy troops in the streets of the metrop-
uid to lead them to battle and to victory m
Imd torn by civil discord. Our statute
it armaments to invade friendly powers is
ill force. Proclamations have attested our
itnl dispositions. Prosecutions have been
icd ai^inst violators of law. A naval force
gulf, and a land force on the Sabine, have
directed to enforce the policy of the gov-
int; and so far as acts have gone, the ad-
m has been on the side of Mexico ; for
Texian armed schooner Invincible has been
;ht into an American port by an American
of war. If parties and individuals still go
'exas to light, the act is particular, not na-
I, compromising none but the parties them-
and may take place on one side as well
the other. The conduct of the administra-
has been strictly neutral ; and, as a friend
i administration, and from my own con-
, I have conformed to its policy, avoid-

Ithe language which would irritate, and op-
: the acts which might interrupt pacific

and commercial rommunir.Ttinnn. Mi'xico i«oiif
ncarci't nei-rhlKtr, divi'lini; with n.'< the rontiwnt
of North Amerirn, and possosin^ the elements
of a great power. Our binin'liincs arc ro-ler-
minous for nioro than two tbousaiiil luili's. Wo
have inlari'l nnd maritime conimercp. She hnn
mines; we have shipo. Ocnr.ial ron-i'Icration-*
impose upon each power the dntii's of reciprocal
friendship ; especial indiiremeuts invito un to
uninterrupted commercial iiiti-rroursp. A* a
western senator, coming from the banks of the
Mississippi, nnd from the .'^tntc of Missouri, I
cannot be blind to the consequences of inter-
nipting that double line of inland nnd niaritinio
commerce, which, stretching to the mines of
Mexico, brings back the perennial supply of
solid money which enriches the interior, nnd
enables New Orleans to ptmrhasc the vast nccu-
mulation of agricultural produce of which she
is the emporium. Wonderful arc the workings
of commerce, nnd more apt to find out its own
proper channels by its own operations than to
be guided into them by the hand of legislation.
New Orleans now is what the Havana once was
— the entrepot of the Mexican trade, and the
recipient of its mineral wealth. The superficial
reader of commercial statistics would say that
Mexico but slightly encourages our domestic
industry ; that she takes nothing from our ag-
riculture, and but little from our manufactures.
On the contrary, the close observer wotdd see a
very different picture. lie would see the pro-
ducts of our soil passing to all the countries of
Europe, exchanging into fine fabrics, and these
returning in the ships of many nations, our own
predominant, to the city of New Orleans ; and
thence going off in small Mexican vessels to
Matamoros, Tampico, Vera Cruz, and ther ^lex-
ican ports. The return from these ports is in
the precious metals ; and, to confine myself to
a single year, as a sample of the whole, it may
be stated that, of the ten millions nnd three
quarters of silver coin and bullion received in
the United States,, according to the custom-house
returns during the least year, eight millions and
oue quarter of it came from Jlexico alone, and the
mass of it through the port of New Orleans. This
amount of treasure is not received for nothing,
nor, as it would seem on the commercial tables,
for foreign fabrics unconnected with American
industry, but, in reality, for domestic produc-
tions changed into foreign fabrics, and giving

C72

TlIlinY YKARS- VIKW.

doublo cini>loyincnt to the navigation of the
covnitry. New Orleans has taken the place of
the lluvann; it hafl Ix-come tlio entrepot of this
trade ; and many circumstances, not directwl by
law, or even known to law Rivers, liavo combined
to produce the result. First, thb application of
^tL'ani power to thepropulsionof vessels, which,
iii the form of tovvboats, has giveu to a river
city a prompt and facile communication with the
seu ; then the arl vantage of full and assorted
car;40cs, which l)rinp;s the importing Tcssel to a
point where slio delivers freight for two differ-
ent empires ; then the marked advantage of a
return carj;o, with cheap and abundant supplies,
which are always found in the grand emporium
of the great West ; then the discriminating du-
ties in ilexican ports in favor of Mexican vessels,
which makes it advantageous to the importer to
stop and transship at New Orleans ; finally, our
enterprise, our police, and our free institutions,
our perfect security, under just laws, for life,
liberty, person and property. These circum-
stances, undirected by government, and without
the knowledge of government, have given to
Now Orleans the supremo advantage of being
the entrepot of the Mexican trade ; and have
presented the unparalleled spectacle of the no-
blest valley in the world, and the richest mines
in the world, sending their respective products
to meet each other at the mouth of the noblest
river in the world ; and there to create in lapse
of time, the most wonderful city which any age
or country has ever beheld. A look upon the
map of the great West, and a tolerable capacity
to calculate the r^gregate of geographical ad-
vantages, must impress the beholder with avast
opinion of the future greatness of New Orleans ;
but he will only look upon one half of the pic-
ture unless he contemplates this new branch of
trade which is making the emporium of the
Mississippi the entrepot of Mexican commerce,
and the recipient of the Mexican mines, and
which, though now so great, is still in its in-
fancy. Let not government mar a consumma-
tion so auspicious in its aspect, and teeming
•with so many rich and precious results. Let
no unnecessary collision with Mexico interrupt
our commerce, turn back the streams of three
hundred mines to the Havana, and give a wound
to a noble city which must be felt to the head-
spring and source of every stream that pours
its tribute into the Kmg of Floods.

"Thus far Mexico has no cause of

'''>m]i[

The conduct of our government has \^.j^ ,1,
of rigorous neutrality. The present motion,]
not depart from that lino of conrlnct- r,
proposed recognition is not only contingent \m
the (fe facto independence of Texas, but it rj
lows in the train, and conforms to tiic spip,;,
the actual arrangements of the President (;n<4
Santa Anna, for the complete sepamtion of
two countries. AVe have authentic infommi
that the President General has agreed tol
armistice ; that he has directed the ivaouij
of the country ; that the Mexican army [i]
full retreat; that the Rio Grande, a limit 1
beyond the discovery and settlement of U Sji
in 1084, is the provisional boundary; ami 4
negotiations are impending for the establisliJ
of peace on the basis of separation. Jfcxjco |
had the advantage of these arrangement!*, thoj
made by a captive chief, in the unmolested]
treat and happy extrication of her troops fJ
their perilous position. Under these cin
stances, it can be no infringement of neutnll
for the Senate of the United States to adni
resolution for the contingent and qualified 1
knowledgment of Tcxian independence. It
after the adoption of the resolution, it v\\\
main inoperative upon the hands of the Pi^
deut until ho shall have the satisfactory iij
mation which shall enable him to act with
detriment to any interest, and without infj
tion of any law. -

" Even without the armistice and provkij
treaty with Santa Anna, I look upon the sew
tion of the two countries as being in the £
order of events, and absolutely certain to I
place. Texas and Mexico are not formedl
union. They are not homogeneous. IsJ
of Texas as known to La Salle, the bay ofl
Bernard — (Matagorda) — and the waters wif
belong to it, being the western boundary,
do not belong to the same divisions of coui^
nor to the same systems of commerce, m
the same pursuits of business. They hard
affinities — no attractions — no tendencies to I
lesce. In the course of centuries, and 1
Mexico has extended her settlements infiGij
further in other directions — to the head ofl
Rio Grande in the north, and to the bay cf I
Francisco in the northwest ; yet no setileif
had been extended east, along the ncighb
coast of the Gulf of Mexica The rich asd^

ANNO 1836. ANDREW JACK.SON, rUFSIDF.NF.

C73

Icxiro lias no cause of cc,^,\^J
)f otir govurnmcnt lias ticin \\
itnility. The prcRont inolion d
om that lino of con'luct; f.r
pnition is not only conlinpent n
ndcpcndenco of Texas, but it U
ain, and conforms to the spirit
MiRemcnts of the President fltm
for the complete separation ui
8. We have authentic infornnti
L^sidcnt General has nprccd to
liat ho has directed the ivaniati
ry ; that the Mexican army ij
that tho Rio Grande, a limit
liscovcry and Bettlement of La R:
he proviaional boundary; an<l tl
I arc impending for the estallisln
the basis of separation. Mexico
mtage of these arrangements, thoi
japtive chief, in the unmolested
lappy extrication of her troops ft
BUS position. Under thes« cii
:an be no infringement of ncm
late of tho United States to ado]
for the contingent and qualified
lent of Tcxian independence. Ei
loption of tho resolution, it w
rative upon the hands of the Pi
ho shall have the satisfactory ii
ich shall enable him to act vrill
to any interest, and without inf

r law. -

rithout the armistice and provisi
Santa Anna, I look upon the sc]
two countries as being in the
vents, and absolutely certain to
xas and Mexico are not formed
hey are not homogeneous, hj
„ known to La Salle, the bay ol
(Matagorda)— and the waters wl
it, being tho western boundary,
long to the same divisions of coui
same systems of commerce, m
pursuits of business. They ban
-no attractions— no tendencies toi

the course of centuries, and

,8 extended her settlements infini

other directions— to the hcadotj

do in tho north, and to the bay otl

in the northwest; yet no settle

extended east, along the ncigW

he Gulf of Mexica The rich and

uid sugar landa of Teza.<*, thougii at the
lor of Mexico, yet requiring the applica-
,f » laborious industry to make them pro-
have presented mo temptation to the
<t ami pastoral population of that empire.
„,,„ this beautiful agrictiltural and plantm^
,„ iiad lain untouched. Within a few years,
bT another race, its settlement has begim ;
Jtiic presence of this race has not smoothed,
jjjjrtascd, the obstacles to union presented by
Sooner or later, separation would be in-
alile • and tho progress of human events has
leratcd the operation of natural cauecs. Go-
Imstorn Texas from Mexico; Goliad has
independence ; San Jacinto has sealed it !
It the ma.ssacro decreed, the victory has seal-
fjnd the day of the martyrdom of prisoners
[for ever be regarded as the day of disunion
fjtn Texas and Mex ico. I speak of it politi-
f cut morally ; that massacre was a great
itical blunder, a miscalculation, on error, and
istike. It was expected to put an end to
itince to subdue rebellion, to drown revolt
lood, and to extinguish aid in terror. On
[contrary, it has given life and invincibility
cause of Texas. It has fired the souls of
(OTD citizens, and imparted to their courage
tnergics of revenge and despair. It has
to her tho sympathies and commiseration
ke civilized world. It has given her men
Imoney, and claims upon the aid and a hold
I the sensibilities of the human race. If the
gle goes on, not only our America, but
will send its chivalry to join in the con-
I repeat it ; that cruel morning of the
), and that black day of Goliad, were great
il faults. The blood of the martyr is the
|of the church. The blood of slaughtered
Its is the dragon's teeth sown upon the
from which heroes, full grown and armed,
linto life, and rush into battle. Often will
Mexican, guiltless of that blood, feel the
American steel for the deed of that day,
war continues. Many were the innocent
^r'nto, whose cries, in broken Spanish,
ig Goliad and the Alamo, could not save
devoted lives from the avenging remem-
of the slaughtered garrison and the mas-
prisoners.

Uappy day, for ever to be deplored, that
ly morning, March 6, 1836, when the un-
ed garrison of the Alamo, victorious in so

lYoL. I.— 43

many asuaults over twenty timctt their number
perished to tho last man by the handd 'if those,
part r uii they had ndoaxed on pni«iU> two
months ifiirt', leaving not one to tell how they
first dealt out to multitudes that death which
they themselves tinally nciived. Unlmppy day
that Pulin Simdny, March '27, when the live
hundred and twelve prisoners at (inlind, issuin?;
from the sally port at dawn of duy, one by one,
under the cruel delusion of a return to their
families, found themselves enveloped in double
files of cavalry and infantry, marched to a spot
fit for the perpetration of the horrid deed — and
there, without an instant to think of parents,
country, friends, and God— in tho midst of the
consternation of terror and surprise, were in-
humanly set upon, and pitilessly put to death,
in spito of those moving cries which reached to
heaven, and regardless of those supplicating
hands, stretched forth for mercy, from which
arms had been taken under the perfidious forms
of a capitulation. Five hundred and six perish-
ed that morning — young, vigorous, brave, sons
of respectable families, and the pride of many a
parent's heart — and their bleeding bodies, torn
with wounds, and many yet alive, were thrown
in heaps upon vast fires, for the flames to con-
sume what the steel had mangled. Six only es-
caped, and not by mercy, but by miracles. And
this was the work of man upon his brother ; of
Christian upon Christian ; of those upon those
who adore the same God, invoke the some hea-
venly benediction, and draw precepts of charity
and mercy from the same divine fountain. Ac-
cursed be the ground on which the dreadful deed
was done ! Sterile, and set apart, let it for ever
be '. No fruitful cultivation should ever enrich
it ; no joyful edifice should ever adorn it ; but
shut up, and closed by gloomy walls, the mourn-
ful cypress, the weeping willow, and the Inscrip-
tive monument, should for ever attest the foul
deed of which it was the scene, and invoke from
every passenger the throb of pity for the slain,
and the start of horror for the slayer. And you,
neglected victims of the Old Mission and San
Patricio, shall j'ou be forgotten because your
numbers were fewer, and your hapless fate more
concealed ? No ! but to you also justice shall
be done. One common fate befell you all;
one common memorial shall perpetuate your
names, and embalm your memories. Inexorabk
lustory will sit in judgment upon all cavicerafid,

C74

THIRTY YEARS' VIKW.

tnd will iTJcct tho pica of poTcrnmcnt ordcn,
uvcn if thoKC onlorR emanated from the f^ovcrn-
mcnt, instead of U-inK dictated to it. The French
National Convention, in 1703, ordered all tho
Knp;li8li prisoncrH who Hhould \>c taken in battle
to bo put to death. The French amiicH rcfiiHed
to excciito tho decn-o. They onHwercd, that
French Holdicrs were the protectors, not the assas-
fins of prLioners ; and all France, all Europe, the
whole civilized world, applauded tho noble reply.
•' But let us not forpet that there is Homo relief
to thi.s Mack and bloody picture — some allevia-
tion to tho horror of its appalling features.
There was humanity, as well as cniclty, at Go-
liad — humanity to dcploro what it could not
prevent. Tho letter of Colonel Fernandez docs
honor to tho human heart. Doubtless many
other offlccrs felt and mourned liko him, and
spent the day in unavailing regrets. Thi ladies,
Losoro and others, of Matamoros, paving tho
doomed victims in that city, from day to day,
by their intercessions, appear like mi-iistering
angels. Several public journals, and many in-
dividuals, in Mexico, have giren vent to feelings
worthy of Christians, and of tho civilization of
the ago ; and the poor woman on tho Gauda-
loupo, who succored and saved the young
Georgian (Hadaway), Low nobly she appears !
lie was one of the fe .7 (hat escaped the fate of
the Georgia battalion sent Ui tho Old Mission.
Overpowered by famine and despair, without
arms and without comrades, he entered a soli-
tary house filled with Mexican soldiers hunting
the fugitives of hia party. His action amazed
them ; and, thinking it a snare, they stepped out
to look for the armed body of which he was
supposed to be the decoy. In that instant food
was given him by the humane woman, and in-
stant flight to the swamp was pointed out. He
fled, receiving the fire of many guns as ho went ;
and, escaping tho perils of the way, the hazards
of battle at San Jacinto, where he fought, and
of Indian massacre in the Crook nation, when
the two stages were taken and part of his
travelling companions killed, he lives to publish
in America that instance of devoted humanity
in the poor woman of the Gaudaloupe. Such
acts as all these deserve to be commemorated.
They relieve "tlie revolting pictuie of military
barbarity — soften the resentments of nations —
and redeem a j>copl£ from the ofience of uidi>
riduals.

" Great JM tho mintnke nhich luw |)r»T»iU
Mexico, and in Honio piirtH of the luit,,] >,. J
on tho character of the population «i„fL
gone to Texas. It hni- l>cin coniiii„n lo ,]
I«raf(c and to stifimatizo thorn. Noii,|,,„
bo nioro unjust ; and, i«|)oakin;^ fn.m kiio"v|^u
either iwrHimiilly or well a fjiiirod (for „ J
to my lot to know, either from ottuul arn „J
ancc or pood information, tho masH of it,, |,|i^
tants), I can vindicate them from orr<.ncou<
putations, and place their conduct and chaf,
on the honorable ground which tiiey llts(.|.^ ■
occupy. The founder of the Texian col,!,,- ^
Mr. Moses Austin, a respectable and entiriril
native of Connecticut, and largely eiipirnij]
the leod mines of Upper Louisiana when 1 J
to tho Territory of Missouri in 1815. i\.
sent head of tho colony, his son, Mr, Sttn.
F. Austin, then a very young man, was a J
ber of the Territorial Legislature, dislinpiiJ
for his intelligence, business habits, 811(1^.111
manly conduct. Among tho grantcci vc
tinguish tho name of Robertson, soa of
patriarchal founder and first settler of w
Tennessee. Of the body of tho emigrants l
of them are heads of families or entcrrirlL
young men, gone to better their condition lil
ceiving grants of fine land in a fine climate,/
to continue to live under the republican fun,
government to which they had been accustod
There sits one of them (pointing to Mr, Caii
late member of Congress from North Carol
and now Secretary of State for Texas). Wi
know him ; our greetings on his appcarancj
this chamber attest our respect ; and sucli
we know him to be, bo do I know the multij
of those to be who have gone to Texas,
have gone, not as intruders, but as gractj
and to become a barrier between the Meji(
and the marauding Indians who infested 1
borders.

" Heartless is tho calumny invented and 1
pagated, not from this floor, but elscwhen
the cause of the Texian revolt. It is said t
a war for the extension of slavery. It
well be said that our own Revolution was J
for the extension of slavery. So far froiT
that no revolt, not even our own, ever 1
more just and a more sacred origin. Tbel
tiers in Texas wont to live under the foij
government which they had left behind inl
United States— a government which cxteaif

10 mintake k\\u'U Jias pretaiUl 1
J Honie piirtH of ihf luitwl S14J
tcr of the jiopiilation wlurh
», It Im' l»ci:n ciinniinn to iij
stipmatizc thtm. Notliln;
«t ; and, niwukin'? fifnn kiidw'.ej
iiUy or well a quintl (for it J
know, eithor from aituul M.m,j
information, the ma^H df its n,!
vindicate them from errinecjmi
il place their conduct and chap
•able ground which tliey lUscnsi
founder of the Tcxian colmyv
UBlin, a rcppcctablo and entitiriji
onnocticut, and largely mpv:M
,08 of Upper Louisiana when 1 A
tory of MiKBOuri in 1815. Tlii.|
f the colony, his son, Mr. i;tt|
hen a very young man, was a i
[erritorial Legislature, distinpiisl
[ligence, business habits, ami pcnj
luct. Among the grantees vc
10 name of Robertson, so.t of 1
founder and first settler of \v|
Of the body of the emigrantii,ii
re heads of families or ciitcqirij
gone to better their condition U
niB of fine land in a fine climate, j
to live under the republican fun
t to which they had been accustoi^
one of them (pointing to Mr. Cn
er of Congress from North Carol
ecretary of State for Texas). M
, our greetings on his appcanmcl
j'er attest our respect 5 and eucII
lim to be, so do I know the multilj
be who have gone to Texas,
not as intruders, but as graiitj
I'omc a barrier between the M«ij
arauding Indians who infested '

ie-ss is the calumny invented and
,ot from this floor, but elsewher
of the Texian revolt. It is said
the extension of slavery. It
id that our own Revolution wasjj
^tension of slavery. So far froi
svolt, not even our own, ever
, and a more sacred origin. Thej
.'exaswcnt to live under thefoi
nt which they had left behind id
lates— a government which cxtenf

ANNO l«3rt. ANItltF.W

piurtnfr** for lifo, liUrty. property, and
p.r,nil of liflppinofP, and w hirh thfir Amor-
,[,d Knplich anrcstorn had vindirnled for
" „y hundred years. A sncrcsoion of violent
n in povernment, and the rapid overthrow
r ifP^ annoyed and distreswd them ; but
rrmained tranquil under every violence
th did not immediately bear on themselvew.
Ij22thc republic of 1821 wa.s Kupercedefl by
ijnrcrisl diadem of Iturbide. In 182.T he
idoposed and banished, returned Rn'l was
ind Victoria made Preoident. Mentu:^o
Bravo disputed the presidency with Vic-
i< and found, in banishment, tiio mildest
known among Klcxicans to imsuccessful
Mwar. Pedrazawas elected in 1828; fJucr-
I overthrew him the next year. Then Bus-
jte overthrew Guerrero; and, quickly,
Anna overthrow Bustamente, and, with
ill the forms of the constitution, and the
We frame of the federative government. By
jomwill, and by force, Santa Anna dissolved
[(listing Congress, convened another, formed
[wo Houses into one, called it a convention ;
I made it the instrument for deposing, witli-
Itriai, tlie constitutional Vice-President, Go-
Farias, putting Barragan into his place,
Lbilating the State governments, and estab-
ng a consolidated government, of which he
^monarch, under the retained republican title
'csidcnt. Still, the Texians did not take up
they did not acquiesce, but they did not
bit, They retained their State government
Uration, and looked to the other States,
rand more powerful than Texas, to vindi-
tiie general cause, and to re-establish the
constitution of 1824. In September,
.this was still her position. In that month,
kiican armed vessel appeared off the coast
bxas, and declared her ports blockaded.
le same time. General Cos appeared in the
with an army of fifteen hundred men,
loriers to arrest the State authorities, to
1 the inhabitants, leaving one gun to every
|kndrcd souls ; and to reduce the State to
nditional submission. Gonzales was the
Ked point for the commencement of theexe-
of these orders ; and the first thing was
as, those trusty rifles which the settlers.
Iwught with them from the United States,
iwere their defence against savages, their
! for game, and the guard which convert-

ed their hoiiweH into riMtfe" '-' ■ ■■".•^ t'kut ''^"^
'whirhthe king ennnot enl. \ deJm-h nt
of (JenerHJ f'lxV nnny ii|i|i< nr rt tl»« villae '^
• lonfftlen, on the 2Hfh of ^ 1 > "wl-r. on«l «^i^
mnnded the arms of the inJinl.iiaiil ; it Wii- thtt
same demand, and for tiip fnmv purpoMv wliiili
the BritiKh detn<lim(nf, uiidtr Mnjor I'itcnirt,
had made nt I.e.xinpton. on the lUth of Apri',
177.'). It was the came dr innnd I nnd the saiue
answer was given — reHistiuirc-linttle — victory !
for the Ameriem blood was nt (Jonzalcs o« it
had l)een nt Lexington ; nnd between usinj; tht ir
arms, nnd stirrendering their niuis, that lilo.d
can never hesitnfe. Then followed the ni] id
succession of brilliant events, which, in two
months, left Texas without nn armed enemy in
her borders, and the strong forts of Goliad iii'd
the Alnmn, with their gamsons nnd cannon, the
almost bloodless prizes of a few iiundrc<l Texian
rifles. This was the origin of the revolt ; nnd
a calumny morn hcartlesa can never be imagined
than that which would convert this just and
holy defence of life, liberty, and property, into
an aggression for the extension of slavery.

"Just in its origin, valiant and humane in its
conduct, sacred in its object, the Texian revolt
has illustrated the Anglo-Saxon character, nnd
given it new titles to the respect and admiration
of the world.

"It shows that liberty, justice, valor — monil,
physical, and intellectual power — discriminate
that race wherever it goes. Let our America
rejoice, let Old England rejoice, that the Brassos
and Colorado, new and strange names — streams
far beyond the western bank of the Father of
Floods — have felt the impress, and witnessed the
exploits of a people sprung from their loins,
and carrj'ing their language, laws, and cus-
toms, their ma^na charta and its glorious
privileges, into new regions nnd far distant
climes. Of the individuals who have purchased
lasting renown in this young war, it would
be impossible, in this place to speak in detail,
and invidious to discriminate ; but there is onv
among them whoso position forms an excep-
tion, and whose early association with my-
self justifies and claims the tribute of a par-
ticular notice. I speak of him whose romantic
victory has given to the Jacinto* that immor-
tality in grave and serious history which tho

* Uvocintli; liyacintlme; buoklnthos; wtter flower

67G

THIllTV YEARS' VfKW.

di.<k(iii of A|i(>llo hn<l given to it in tlio fii>)U-
loufl pOKCM or till- iicatlun inyttiulo^'y. (icntTai
lloiiHton wa.'^ Itnni in tliu Statu of Vir;;: ia,
fijiuity (if UocltljriilK'': lie wuh appointed an en-
aipi in tho army of the United SlntcH, during
the Inte war with (ireat liritain, and M>n-e<l in
tiie Creel< cainpui^rn under the LannerH of Jacl(-
Hon. 1 waH tliu lieutenant colonel of tho regi-
ment to Nvhich hu belonged, and tho tirnt Hold
ollicer to whom he reported. I then marked in
him the vainu Boldierly and gentlemanly quali-
ties which have vinco difltinguiMhed Ium eventful
career : frank, Renenius, brave ; ready to do, or
to sutler, whatever tho obligations of civil or
military duty imposed; and always prompt to
answer the call of honor, patriotism, and friend-
ship. Sincerely do I rejoice In his victory. It
is a victory without alloy, and without parallel,
except at New Orleans. It is a victory which
tho civili/.ation of tho age, and tho honor of tho
human race, required him to gain : for tho nine-
teenth century is not tiie age in which a repeti-
tion of tho Goliad matins could bo endured.
Nobly has ho answered the requisition ; fresh
and luxuriant aro tho laurels which adorn his
brow.

" It is not within tho scope of my present
j)urpo8c, to speak of military events, and to
celebrato the exploits of that vanguard of tho
Anglo-Saxons who aro ncy on the confines of
the ancient empire of Montezuma; but that
combat of the San Jacinto ! it must for ever re-
main in the catalogue of militv'T' miracles.
Seven hundred and fifty citizens, miscellane-
ously armed with rifles, muskets, belt pistols,
and knives, under a leader who had never seen
survico, except as a subaltern, march to at-
tack near double their numbers — march in open
day across a clear prairie, to attack upwards of
twelve hundred veterans, the 61ito of an invad-
ing army of seven thousand, posted in a wood,
their Hanks secured, front intrenched ; and com-
manded by a general trained in civil wars, vic-
torious in numberless battles ; and chief of an
empire of which no man becomes chief except
as conqueror. In twenty minutes, the position
is forced. The combat becomes a carnage. The
flowery prairie is stained with blood; tho hya-
cinth is no longer blue, but scarlet. Six hun-
dred Mexicans ji^re dead ; six hundred more are
prisoners, ha»,woun'ded ; the President General
himself is a prisoner; the camp and baggage all

»<:If-n,

taken ; and tho Iom of Mm tirton, i^
and twenty wotmded. Such an' tlv r-
which no Kuro|M-an ran )«licvc, imi ,i
Haw Jackson at New Orleans. !l(,ii,|,
pupil of JackRon; and he is tho tlr-t
general, since tho time of Mark Antony j^i
King Antigonus, who lias Uken tli.. ireiK,iil
tho army and the head of the govt nm ,t,t ,
tivo in battle. Dilferent from Ant m j,,, i
Mpared tho life of his captive, though forf j
by every law, human and divine.

"I votetl, in 1821, to acknowledge the J
lute independence of Mexico ; I vote now i,
cognize the contingent and expected indiu
enco of Texas. In both cases, the vote it i\l
upon the same principle — upon the principij
disjunction where conjunction is ini[K)ii,il i,
disastrous. Tho Union of Mexico and
had become impossible; that of Mexico !
Texas is no longer desirable or posKihic. I
more fatal present could not be made tbn t
of the futuro incorporation of tho Tnta of 1
Salle with tho ancient empire of .Ahnlin/
They could not live together, and cxtermini
is not the genius of the ago ; and, besidJ
more easily talked of than done. Blwxi
only could bo the fruit of their conjun
ond every drop of that blood would le thei
gon's teeth sown upon the earth. Noi
Mexican should wish to have this Trojan I
shut up within their walb."

CHAPTER CXLVI.

THE SPECIE CIUCULAK.

The issue of the Treasury onicr, knowi
the " Specie Circular," was one of the eJ
which marked the foresight, the dccisJon,)
the invincible firmness of General Jacltsoii,
was issued immediately after tho adjoun
of Congress, and would have been issued I
the adjournment, except for the fear thitj
gress would counteract it by law. It i
order to all the land-ofiBces to reject papem
and receive nothing but gold andsiherbl
ment of the public lands ; and was issued g
the authority of the resolution of theyejrl
which, in giving the Secretary of the 1

ANNO IMrt. AM)REW JAcKs«>N. |'ni>lI»KNT.

the loM of the Tirtun, lix
rtmnilfd. Such an- the n>v,.i;,
ro|H'iin run liclievo, Imt th.,*
at New Orlfann. IIhhmhi,
knon ; ami he is the llr>t mif-^
J the time of Mark Aiu<iny,»j,ij
nus, who hoM taki'H th ■ in;ii.;»l|
il the head of tho ftovi nm , :,( ,
lo. DilFcrent from Am u hn
life of hin captive, though furtd
V, human and divine.
In 1821, to ocknowledprc the J
ulcnco of Mexico ; I vole now to|
contingent and cxpitud imLj
as. In both cases, the vote ii pJ
ino principle — upon the principw
where conjunction Is imponnil,!
Tho Union of Mexico and sj

iraposaiblo ; that of Mexico i
10 longer desirable or posHihlc,
present could not be made than I
re incorporation of the Texa* of |

tho ancient empire of Mintn\(

1 not live together, and cxtcrmin

I genius of the ago ; and, bcsiild
ly talked of than done. Bio
i bo the fruit of their conjun
drop of that blood would be tki
h Bown upon tho earth. Soi
hould wish to have this Trojan 1
ithin their walls."

077

IIAPTER CXLVI.

THE SPECIE CIBCULAB.

e of the Treasury order, km
;ie Circular," was one of the A
arked the foresight, the dccisioii,j
cible firmness of General JacliMn

-d Immediately after the adjour
JS8 and would have been issued l
rnment, except for the fear thitj
luld counteract it by law. It

ja the land-offices to reject paperi
TO nothing but gold andsilminj
;he public lands ; and was issued)
ority of the resolution of theyeuj
giving the Secretary of the"

,(i(>««r>' authority to nr«ivt» the notwi r.f

[[♦vinn l»«nk« in revenue pnynuntu, Rivr

,il.«i)tho rijrht t<» reject them. Tiie num-

fof theKe banks had now W-onic ko prent.

, niianlifj of noteH iM«ued no inornious, tlic

•jir i>r obtaining loani* so universal, and the

.pialmn to oonvertin;? shailowy pn|KT into

jmtite, so tempting, tlint the risinp; streaniM

LjuT frmn tteven hundred and fifty lmnkn took

^iffoiirw towards the new States, neat of the

Uic domain— ^lischarging in nrcumulated voj-

, there collected torrents upon the dilfcn'nt

offices. The Kales were runniiif? up to fivi'

illinnn » month, with the prospect of unlMnind-

(lorrriso after tho rise of Conp:ross ; and it

ilhis increase from tho land rales which made

lurplus which tho constitution had been

(tetiqued to divide among tho States. And

twas no limit to this conversion of public

1 into inconvertible paper. In the custom-

e branch of tho revenue there was a limit

Ithe amount to be received — limited by tho

ut of duties to be paid : but in the land-ofllco

1 there was no limit. It was therefore at

I point that the remedy was M'anted ; and,

Ithit reason, tho " Specie Circular " was litnit-

Ijii its application to the land-offices ; and

)||j forbade tho sale of the public lands for

•thing but hard money. It was an order of

ilculabio value to tho United States, and

i by President Jackson in known disregard

e vrill both of tho majority of Congress and

)oi cabinet.

)efo^> tho adjournment of Congress, and in
»rt with the President, the author of this
',ad attempted to get an act of Congress to
[tlieeTil; and in support of his motion to
I effect gave his opinion of tho evil itself, and
jbenefits which would result from its sup-
ion. Uo said :

He was able to inform the Senate how it

jened that the sales of the public lands had

pTcd all calculations, and run up from four

Ions a year to five millions a quarter ; it was

t speculators went to banks, borrowed five,

Itwenty, fifty thousand dollars in paper, in

\ notes, usually under twenty dollars, and

^ to carry off these notes to a great dis-

\ sometimes five hundred or a thousand

.; and there laid them out for public lands.

;land-ofBce money, they would circulate in

loimtry ; many of these small notes would

i return at all, and their loss would be a

lialn to the bank ; others would not return

; time ; and the bank would draw in-

lere«l on thrm for yrari before thrv bad •» f«

dtiin thini. T(iii« ninviilftfi.r*, lomli.l wiih |m-

1 jMT, Woul.j outbid Mlll-rx •11)1 (oIllTltlorit. Wl|i>

liiid no undue iii-«'.>nunoi|i»iii.n^ fnun Itanks, and
uli'i hud ii.itliin^' but i«|i«<ic I.) (tivc f t liin>l«,
or the iioltH wliirh win- itx nid ei|iiivalc!it, Mr.
II. unid that, living in n new .St«ta,it nune with-
in IiIh knowlfilj;!' tluit fu>]i ni-i'i)in)iio<tii(ii>nM us
he IukI incntiuned wnv the main ciin-e of tli.-
] excessive wiles wiiieli hiul t iImii pl:ifc in tl"-
I public Iniids, iirid that the tllii-t wa.o i't|ii:illy in-
! juriouH to I'very interest concci md — vxei-pt tlie
j linnks and the s|M'euI;Uors: it wan injurimis to
j the treasury, which was lillint; up with paiKr;
to the new States, which were lloodcil with | :i-
IKT ; nnd to settlers niid cultivntnm, who wi f
outbid by n|H'culators, loaded with this iHtnuw-
ed pajHT. A ivturii to specie payments fir lan<ls
is the remedy for all these evilh."

Having exposed the evil, and that to the coi >
try generally as well as to tho federal tp
Mr. II. went on to give his opinion o;' tin
fits of suppressing it ; and said :

"It would put an end to every eoiupiainf n<AT
connected with tlw subject, and have a benclicia!
effect upon every public and jirivate interest.
Upon the federal government its etlect would be
to check tho unnatural sale of tho public lamls
to speculators for paper; it would throw tlie
speculators out of market, limit the sales to
settlers and cultivators, stop tho swelling; in-
rrea.se3 of paper surpluses in the treasury, put
an end to all iirojectsfor disposing of surpluses ;
nnd relieve all anxiety for the fate of the \m\t\'w,
moneys in the deposit banks. U|K)n the new
States, where tho public lands are situated, itj
cffectp would be most auspicious. It would stop
tho flood of paper with which they are inuinlate<i,
and bring in a steady stream of gold and silver in
its place. It would give them a Imrd-inoney
currency, and especially a share of the gold cur-
rency ; for every emigrant could then carry gold
to the country. Upon the settler and cultivator
who wished to purchase land its effect would lie
peculiarly advantageous. lie would be relieved
from the competition of speculators ; he would
not have to contend with those who received
undue accommodations at banks, and came to
tho land-offices loaded with bales of bank notes
which they had borrowed upon condition of
carrying them far away, and turning them loose
where many would bo lost, and never get back
to the bank that issued them. All these and
many other good efTects would thus be produced,
and no hardship or evil of any kind could accrue
to the meritorious p.art of the country ; for th(!
settler and cuUiviitor who wishes to l)uy land
for use, or for a settlement for his children, or
Ui increase his farm, would have no ditHcutly in
'^tting hard money to make his purchase. lie
has no undue accommodations from banks. He
has no paper but what is good ; such as he can
readily convert into specie. To him the cxac-

f;7s

THIRTY YKARS' VIKW.

tioii ofsiK-cic pnyincnts from nil purclinstTN would
]x- 11 niK- of cqiialitj', which wfiuld irmble him
to piirrhtisc what he needrt without romju'tition
with lictilioiis and bori-owed cajjitul."

Mr. 15. pave ii view of tlie actual condition of
th" pniKT currency, which he described as hide-
ous and appalling, doomed to a catastrophe ; and
lie advised every jirudent man, as well as the
povenimcnt. to fly from its embrace. His voice,
and his warninj;, answered no purpose. He got
no support for his motion. A few friends were
willing to stand by him, but the opposition se-
nators stood out in unbroken front against it,
reinforced largely by the friends of the adminis-
tration : but it is in vain to attribute the whole
opposition to the measure merely to the mis-
taken opinions of friends, and the resentful pol-
icy of foes. There was another cause operating
to the same eflect ; and the truth of history re-
(juircs it to be told. There were many members
of Congress engaged in these land speculations,
upon loans of bank paper ; and who were un-
willing to sec a sudden termination of so profit-
able a game. The rejection of the bill it was
thought would be sufficient ; and on the news
of it the speculation redoubled its activity. But
there was a remedy in reserve nr the cure of
the evil which they had not foreseen, and which
was applied the moment that Congress was gone.
Jackson was still President ! and he had the
iierve which the occasion required. lie saw
the public lands fleeting away — saw that Con-
gress would not interfere — and knew the major-
ity of his cabinet to be against his interference.
He did as he had often done in councils of war
—called the council together to hear a decision.
He summoned his cabinet — laid the case before
them — heard the majority of adverse opinions :
— and directed the order to issue. His private
Secretary, Mr. Donelson, was directed to prepare
a draught of the order. The author of this View
was all the while in the office of this private
Secretary. 3Ir. Donelson came to him, with
the President's decision, and requested him to
draw up the order. It was done — the rough
draught carried back to the council — put into
official form — signed — issued. It was a second
edition of the removal of the deposits scene, and
made an immense sensation. The disappointed
speculators raged. Congress was considered in-
sulted, the cabinet defied, the banks disgraced.
But the vindication of the measure soon caniCj

in the discovery of the fact, that M.nitt,.
millions of this bank pa[>er was on ii, „
the land-oflices to be changed into Jand^ 'V
overtaken by this fatal "Specie Circiilar"
turned back to the sources from wliidi ii ca]

C II A r T E R C X L V II .

DEATH OF mi:. MADISON, ForUTlI I'|;Ks1i,vJ
or THE UNITED STATES.

He died in the last year of the second tvnnl
the presidency of General Jackson, at the
vanced age of eighty-six, his mind clear i
active to the last, and greatly occui)ied m
solicitous concern for the safuty of the Un
which he had contributed so much to tstali!]
He was a patriot from the beginniu". ■■ \vj
the first blood was shed in the streets of Bod
he was a student in the process of his 'ducai
at Princeton College, where the next year]
received the degree of Bachelor of Arts,
was even then so highly distinguished bv i
power of application and the rapidity of procrJ
that he performed all the exercises of the i
senior collegiate years in one — while at i
same time his deportment was so exemplJ
that Dr. Witherspoon, then at the head of |
college, and afterwards himself one of the n
eminent patriots and sages of our rovohtl
always delighted in bearing testimony to
excellency of his character at that early ti
of his career ; and said to Thomas JefiJ
long afterwards, when they were all collajj
iu the revolutionary Congress, that in thewl
career of Mr. Madison at Princeton, lie f
never known him say, or do, an indiscreet thii
So wrote Mr. John Quincy Adams in Lis I
course upon the "Life of James MadiJ
written at the request of the two Ilouse^
Congress : and in this germ of manhood i
be seen all the qualities of head and heart v\
mature age, and great events, so fully develo
and which so nobly went into the forniatiol
national character while constituting his o|
the same quick intellect, the same laborioiii
plication, the same purity of morals, the !
decorum of deportment. He had a rare e
bination of talent — a speaker, a writer, a c
sellor. In these qualites of the mind heclil

ANNO 1830. AXDUEW JACKSON, I'RrMDENT.

679

cry of the fuct, that Hiinti,.
lis bank pajK-T was on lUwn,]
cs to be chan}:;ed into laiul-»!,
' this fatal "Specie Circular,"
the sources from wLidi ii cjJ

\PTEU C XL VII

«U. MADISON, VOI'IITII l'l;V>I!iiJ
j¥ the united HIATKS.

the last year of the Bccoiul tiraj
icy of General Jackson, at the i
of eighty-six, his mind clear
lie last, and greatly occupi'od w-j
oncem for the safety of ttie Un
id contributed so much to tstal,]
atriot from the beginning. •Wji
)od was shed in the streets of Bosll
udent in the process of his 'ducaij
n College, where the next jearj
10 degree of Bachelor of Aits,
then so highly distinguished Ij-i
pplication and the rapidity of projr^
rformed all the exercises of the I
egiate years in one— while at
his deportment was so exempli
''itherspoon, then at the head ot
i afterwards himself one of the i
atriots 'and sages of our revoluB
lighted in bearing testimony to
of his character at that early d
eer ; and said to Thomas Jcirii|
■ards, when they were all colla
ilutionary Congress, that in tlienl|
Mr. Madison at Princeton, lie I
Ku him say, or do, an indiscreet thiJ
Mr. John Quincy Adams in hisj
on the "Life of James Madis
the request of the two llousej
and in this germ of manhood i
the qualities of head and heart wj
e, and great events, so fully deve^
_ so nobly went into the formatift
;haracter while constituting his (
5uick intellect, the same laborioa
the same purity of morals, the
»f deportment. He had a rare
if talent— a speaker, a writer, a i
1 these qualitea of the mind hecli

, General Hamilton ; and was, pcrliaps, the I
. f eminent public man of his day who so |
,Vl. and so equally contended in three of the (
r J uf intellectual action. Mr. JelRr.son was i
Ti^oined to say he was the only man that !
1,1 ansttxr Hamilton. Perspicuity, precision,
to^ncas of reasoning, and strict adlicrencc to
L unity of his subject, were the character-
's of his style ; and his speeches in Congress,
,1 iiis dispatches from the State Department,
uv he equally studied as models of style, di-
ijniatic and parliamentary as sources of in-
jiion, as examples of integrity in conduct-
. public questions : and as illustrations of the
lenity with which the most earnest debate,
the most critical correspondence, can be
mjucted by good sense, good taste, and good
jipcr. Jlr. Madison was one of the great
ders of our present united federal govern-
jt, equally efficient in the working convention
ych framed the constitution and the written
lors which secured its adoption. Co-laborer
lith General Hamilton in the convention and
Jdie Federalist — both members of the old Con-
i and of the convention at the same time,
1 working together in both bodies for the at-
inient of the same end, until the division of
L-tici in Washington's time began to estrange
[friends, and to array against each other
laer cordial political co-laborers. As the
1st writer of ono party, General Hamilton
[ote some leading papers, which, as the first
liter of the other party, Mr. Madison was
led upon to answer : but without forgetting
jilie part of either their previous relations,
^ir decorum of character, and their mutual
!Ct for each other. Nothing that either
d could give an unpleasant personal feeling
(the other; and, though writing under bor-
jrcd names, their productions were equally
l)wn to each other and the public ; for none
themselves could imitate themselves.
lity, modesty, decorum — a moderation, tem-
ince, and virtue in everything — were the
iCtcristics of Mr. Madison's life and raan-
s; and it is grateful to look back upon such
fition and beauty of personal character in
I illustrious and venerated founders of our
lublic, leaving such virtuous private charac-
^tobe admired, as well as such great works
Ik preserved. The offer of this tribute to
I memory of one of the purest of public men

is the more }:ralefully n-ndored, private reasons
mixing witii considerations of public duty. Mr.
•Madison is the only PK.\si(lent from whom hv
ever asked a favor, and who grantttl inunodiately
all that was a.sked — a lieutenant-colonelcy in
the army of the United States in the late war
with Great Britain.

C ir A P T K R C X L V 1 1 1 .

DKATII OK Ml!. MONP.OK, HFTIF IT.KSIDENT l)K
THE UNITED STATES.

He died during the first term of the ad-
ministration of President Jackson, and is ap-
propriately noticed in this work next after Jlr.
Madison, with whom he had been so long and
so intimately associated, both in public ar.d in
private life ; and whose successor he had been
in successive high posts, including that of the
presidency itself. He is one of our eminent
public characters which have not attained their
due place iu history ; nor has any one attempted
t " <!;ive him that place but one — Mr John Quincy
Adau^s — in hu-. discourse upon the life of ^Ir.
Monroe. Mr. Adams, and who could be a niore
competent judge ? places him in the first line
of American statesmen, and contributing, during
the fifty years of his connection with the public
affairs, a full share in the aggrandisement and
advancement of his country. His parts were
not shining, but solid. He lacked genius, but
he possessed judgment : and it was the remark
of Dean Swift, well illustrated in his own case
and that of his associate friends, Harley and
Bolingbrokc (three of the rarest geniuses that
ever acted together, and whose cause went to ruin
notwithstanding their wit and eloquence), that
genius was not necessary to the conducting of the
affairs of state: that judgment, diligence, know-
ledge, good intentions, and will, were sufficient.
Mr. Monroe .waa an instance of the soundness of
this remark, as well as the three brilliant geniuses
of Queen Anne's time, and on the opposite side
of it. Mr. Slonroe had none of the mental
qualities which dazzle and astonish mankind ;
but he had a discretion which seldom committed
a mistake — an integrity that alw^ays looked to
the public good — a firmness of will which car-
ried him resolutely upou his object — adiligcnco

680

THIRTY YEARS' VIEW,

that Diastcred every Bubjcct — nnd a pt-rscverancc
that yielded to no obstacle or reverse, I le bepin
his patriotic career in the military service, at the
coinmenQpinont of the war of the revolution —
went into the general assembly of his native
State at an early age — and thence, while still
yoting, into the continental Congress. There
ho showed his character, and laid the foundation
of his future political fortunes in his uncompro-
mising opposition to the plan of a treaty with
Spain by which the navigation of the Mississip-
pi was to be given up for twenty-five years in
return for commercial privileges. It was the
qualities of judgment, and perseverance, which
he displayed on that occasion, which brought
him those calls to diplomacy in which he was
afterwards so much employed with three of the
then greatest European powers — Franco, Spain,
Great Britain, And it was in allusion to tliis
circumstance that President Jeficrson after-
wards, when the right of deposit at New Orleans
had been violated by Spain, and when a minister
was wanted to recover it, said, " Monroe is the
man : the defence of the Mississippi belongs to
him." And under this appointment bo had the
felicity to put his name to the treaty which se-
cured the Mississippi, its navigation and all the
territory drained by its western waters, to the
United States for ever. Several times in his life
he seemed to miscarry, and to fall from the
top to the bottom of the political ladder : but
always to reascend as high, or higher than ever.
Recalled by Washington from the French mis-
<;ion. to which he had been appointed from the
Senate of the United States, he returned to the
starting point of his early career — the general
assembly of his State — served as a racmber from
his county — was elected Governor; and from
that post restored by Jefferson to the French
mission, soon to be followed by the embassies
to Spain and England. Becoming estranged
from Mr. Madison about the time of that gentle-
man's first election to the presidency, and hav-
ing returned from his missions a little i][iortified
that Mr. Jefferson had rejected his British treaty
without sending it to the Senate, he was again
tt the foot of the political ladder, and apparently
I ;j'. of favor with those who were at its top.

Nothing despairing, he wont ha<k to f.
starting point— scn-od again in the V ..'.
general assembly— was again clectofi (Jovi-
and from that post was caUod to the ca!; ".'<]
Mr. Madison, to be his double Scon tan- ( f <. j
and War. He was the effective power i
declaration of war against Great Britain ||
residence abroad had shown him that unav 1 4
British wrongs was lowering our character wl
Europe, and that war with the " mistress of 1
seas " was as necessary to our rcspectatilj- I
the eyes of the world, as to the securitv of «
citizens and commerce upon the ocean
brought up .Hr. Madison to the war point
drew the war report which the committee]
foreign relations presented to the Ilouse-ti
report which the absence of Mr, Pcttr B. PonJ
the chairman, and the hesitancy of Mr. Grunl
the second on the committee, threw into i
hands of Mr, Calhoun, the third on the list j
the youngest of the committee ; and the i
sentation of which immediately gave him i
tional reputation. Prime mover of the war j
was also one of its most efficient supportJ
taking upon himself, when adversity presJ
the actual duties of war minister, financier, i
foreign secretary at the same time. He was]
enemy to all extravagance, to all intrigue, to I
indirection in the conduct of business,
Jefferson's comprehensive and compendious t
logium upon him, as brief as true, was i
faithful descriptiop of the man—" honest i
brave." He was an enemy to nepotism.
no consideration or entreaty — no need oft
support which an office would give, or interc
sion from friends — could ever induce him I
appoint a relative to any place under the t
vernment. He had opposed tae adoption]
the constitution until amendments were (
tained ; but these had, he became one of j
firmest supporters, and labored faithfully, i
iously and devotedly, to administer it in its pii
ty. He was the first President under whom (j
author of this Vi«w served, commencing his (
senatorial term with the commencement c
second presidential term of this last of then
of the revolution who were spared to fill theofij
in the great Republic which they had found

ANNO 1836. ANDREW JACKSON. mFi^IDKNT.

C81

airing, he went Imck to ti
t— sen-sd ag:.iin in the Y;r,
bly— was again elected Cov. n,i
post was called to the cal.ir..
to be his double Sccrttan- .f <.]

was the effective power in i
' war against Great Britain,
aad had shown him that unav, i
;s was lowering our character wij
hat war with the " mistrc?; of .1

1 necessary to our respectaljilitvl
he world, as to the security of r

commerco upon the ocean.
Ir. Madison to the war point.
' report which the committee]
ons presented to the House— til
the absence of Mr. Pcttr B, PoiJ
I, and the hesitancy of Mr. GruniJ
Dn the committee, threw into i
Calhoun, the third on the list
t of the committee ; and the
which immediately gave him a
ition. Prime mover of the war, |
3 of its most efficient Bupportei
I himself, when adversity prcss^
Lities of war minister, financier, i
ttary at the same time. He wasl
1 extravagance, to all intrigue, to J
in tlio conduct of businese.
lomprehensive and compendious J
Q him, as brief as true, was I
:riptiop of the man — " honest i
! was an enemy to nepotism, i
ition or entreaty — no need of t
ch an office would give, or intert
friends — could ever induce him|
clativo to any place under the (
He had opposed tlie adoption |
ition until amendments were i
these had, he became one of |
porters, and labored faithfully,!
evotedly, to administer it in its (
the first President under whom l|
is Viftw served, commencing his i
rm with the commencement of tl
dential term of this last of the t
ition who were spared to fill theoi^
Republic which they hadfoundi

ClIAPTPni CXLIX.

ipfATn OF CIIIKF JUSTICE MAKSIIALU

BE died in the middle of the second term of
. jjfjl Jackson's presidency, having Ix^cn chief
;,jfe of the Supreme Court of the United
Los full thirty-five years, presiding all the
Ljj (to use the inimitable language of Mr.
ladolph)) "with native dignity and unpre-
jrjin" grace." He was supremely fitted for
f-ii judicial station : — a solid judgment, great
(isoning powers, acute and penetrating mind :
Lj, manners and habits to suit the purity and
cancity of the ermine : — attentive, patient,
lorious: grave on the bench, social in the
jereoursc of life: simple in his taster, and in-
Itorabiv just. Seen by a stranger come into a
loaand he would be taken for a modest coun-
L gentleman, without claims to attention, and
idf to take the lowest place in company, or
liable, and to act his part without trouble to
Lbody. Spoken to, and closely observed, he
aid be seen to be a gentleman of finished
ding, of winning and prepossessing talk, and
^-t as much mind as the occasion required
1 to show. Coming to man's estate at the
KiDning of the revolution he followed the cur-
ijt into which so many young men, destined
[become eminent, so ardently entered; and
rred in the army, and with notice and obser-
Bion. under the eyes of "Washington. Elected
I Congress at an early age he served in the
of Representatives in the time of the
ia Mr. Adams, and found in one of the pro-
bent questions of the day a subject entirely
i to his acute and logical turn of mind — the
e of the famous Jonathan Robbins, claiming
I k an American citizen, reclaimed by the
ktish government as a deserter, delivered up,
d hanged at the yard-arm of an English man-
Party spirit took up the case, and it
I one to inflame that spirit. Mr. Marshall
kke in defence of the administration, and
^e the master speech of the day, when there
such master speakers in Congress as
jison, Gallatin, William B. Giles, Edward
gston, John Randolph. It was a judicial
|gect, adapted to the legal mind of Mr. Mar-
, requiring a legal pleading : and well did
Iplead it. Mr. Randolph has often been heard

to say that it distancwl mmpcfitim — Irnving all
aei<(M'iatis and opjioncnts fur Uliiiid. and cnm«
ing the ca.. Si idoni lia« one si'tcrli liroujrht
.<o much fame nn-l high npjiointnKnt to any one
man. AY hen he had tleliviri'd it his nMiut.ition
was in the zenith: in liss than nine briif
months thereafter he wa-s Secretary at War.
Secretary of State, Minister to France, and Chief
Justice of the Supreme Court of the United
States. Politically, ho classed with the federal
party, and was one of those higli-mimled and
patriotic men of that party, who, acting on
principle, commanded the respect of those even
who deemed them wrong.

CI1APTJ]R CL.

DEATH OF COL. BUUR, TIIIKD VU'E-PUESIDENT
OF THE UNITED STATES.

He was one of the few who, entering the war
of independence with ardor and brilliant pro.s-
pects, disappointed the expectations ho had
created, dishonored the cause he had espoused,
and ended in shame the career which he had
opened with splendor. He was in the adven-
turous expedition of Arnold through the wilder-
ness to Quebec, went ahead in the disguise of
a priest to give intelligence of the approach of
aid to General Montgomery, arrived safely
through many dangers, captivated the General
by the courage and address which he had shown,
was received by him into his military family ;
ai'd was at his side when he was killed. Re-
turning to the seat of war in the Northern
States he was invited by Washington, captiva-
ted like Montgomery by the soldierly and intel-
lectual qualities ho had shown, to his head-
quarters, with a view to placing him on his
staff; but he soon perceived that the brilliant
young man lacked principle ; and quietly got
rid of him. The after part of his life was such
as to justify the opinion which Washington had
formed of him ; but such wa.<> his address and
talent as to rise to high political distinction :
Attorney General of New-York, Senator in
Congress, and Vice-President of the United
States. At the close of the presidential election
of 1800, he stood equal with Mr. Jefferson in
the vote which he received, and his undoubted

682

THIRTY YEAKS" VIEW.

KUCcesRor lit the eiul of Mr. Jefferson's term,
lint there his lioiiors came to a Ktand, and took
a downward turn, nor ceased descending until
he was landed in the abyss of shame, misery,
and desolation. lie intrij^ued with the federal-
ists to Bupiilaut Mr. Jefferson — to get the place
of President, for which he had not received a
single vote — was suspected, detected, baflled —
lost the respect of his party, and was thrown
upon crimes to recover a position, or to avenge
his losses. The treasonable attempt in the
West, and the killing of General Hamilton,
ended his career in the United States. But
although ho had deceived the masses, and
reached the second office of the government,
with the certainty of attaining the first if he
only remained still, yet there were some, close
observers whom ho never deceived. The early
mistrust of Washington has bten mentioned:
it became stronger as Burr mounted higher in
the public favor ; and in 1794, when a senator
in Congress, and when the republican party had
taken him for their choice for the French mission
in the place of Mr. Monroe recalled, and had
Bent a committee of which Mr. Madison was
chief to ask his nomination from Washington,
that wise and virtuous man peremptorily re-
fused it, giving as a categorical reason, that his
rule was invariable, never to appoint an im-
moral man to any office. Mr. Jefferson had the
same ill opinion of him, and, notwithstanding his
party zeal, always considered him in market
when the federalists had any high office to
bestow. But General Hamilton was most
thoroughly imbued with a sense of his un-
worthiness, and deemed it due to his country to
balk his election over Jefferson; and did so.
His letters to the federal members of Congress
painted Burr in his true character, and dashed
far from his grasp, and for ever, the gilded prize
his hand was touching. For that frustration
of his hopes, four years afterwards, he killed
Hamilton in a duel, having on the part of Burr
the spirit of an assassination — cold-blooded, cal-
culated, revengeful, and falsely-pretexted. He
alleged some trivial and recent matter for the
challenge, such as would not justify it in any code
of honor; and went to the ground to kill upon
an old grudge which he was ashamed to avow.
Hard was the fate of Hamilton — losing his life
at the early age of forty-two for having done
justice to his couutry ia the pcrsua of tte m^n

to whom he stood most politically ()].|i,is,,i j
the chief of the parly by wliich he lia,)
constrained to retire from the scene of hmu
life at the age of thirty-four— the nj^e at «'
most others begin it — ho havinj; accomrli.iJ
gigantic works. He was the man most eminenti
and variously endowed of all the eminent J
of his day — at once soldier and statesman. wiiiJ
head to conceive, and a hand to execute : a wr i J
an orator, a jurist: an organizing mind able]
grasp the greatest system ; and administmtii
to execute the sn-allcst details : wholly tumJ
to the practical business of life, and with a
pacity for application and production whj
teemed with gigantic labors, each worthy to J
the sole product of a single master intellect •
lavished in litters from the ever teemin" fee
dity of his prolific genuis. Hard his fate whJ
withdrawing from public life at the aw i
thirty-four, he felt himself constrained to ana
to posterity for that justice which conteiJ
raries withheld from him. And the apieah
not in vain. Statues rise to his memory: '
tory embalms his name : posterity will do iij
tice to the man who at the age of twenty v
" the principal and most confidential aid i
Washington," who retained the love and coj
dence of the Father of his country to the !
and to whom honorable opponents, while (
posing his systems of policy, accorded 1
and patriotism, and social affections, and tn
scendental abilities. — This chapter was
menccd to write a notice of the character J
Colonel Burr j but that subject will not i
main under the pen. At the appearance \
that name, the spirit of Hamilton starts i
rebuke the intrusion — to drive back the fj
apparition to its gloomy abode — and to codm
trate all generous feeling on itself.

CHAPTER CLI.

DEATH OF WILLIAM B. GILES, OF VinGIXlij

He also died under the presidency of GencJ
Jackson. He was one of the eminent pun
men coming upon the stage of action with t{
establishment of the new constitution-n
the change from a League to a Union ; fromlj
confederation to the unity of the States-

ANXO l(>;!i5. ANUUEW jAC'K.SON, I'UI>1I'V:NT.

Gs:]

tood most politically o],],,,^ ^.
the parly by wliich he hail
o retire from tlio sccir- of p
■ of thirty-four — the n^o at wt,i
bepiii it — he having accomi,i;,K
s. 1 le was the man most emitiHitl
f endowed of all the eminent ;
t once soldier and statesman, witl*
i ve, and a hand to execute : a \vr j|J
urist : an organizing mind, nU J
eatest sysiem ; and adminislratiJ
le BU.allc8t details : wholly tun
cal business of life, and with s
ipplication and production whii

gigantic labors, each worthy to 1
uct of a single master intellect;
itters from the ever teeming fw
rolific genuis. Hard his fate, whj
r from public life at the age i
he felt himself constrained to m

for that justice which contemp]
eld from him. And theap,)calv

Statues rise to his memory;
as his name: posterity will do jd
man who at the age of twenty ?
pal and most confidential
," who retained the love and coij
B Father of his country to the 1
)m honorable opponents, while (
systems of policy, accorded honJ
ism, and social affections, and tn

abilities. — This chapter was

write a notice of the character |

rr ; but that subject will not i
the pen. At the appearance i

the spirit of Hamilton starts upl
intrusion — to drive back the fij

o its gloomy abode — and to conci

lerous feeling on itself.

HAPTER CLI.

I- WILLIAM B. GILES, OF YinCISli,

ed under the presidency of Gencj
le was one of the eminent pa
upon the stage of action with t|
nt of the new constitution-s
from a League to a Union ; fromll
)n to the unity of the States-

ionc (if '•'•' '""^^ conspicuous in the early
4 of our Confjrt'ss. He had that kind of
. ;„p tahnt which is most effective in logis-
.,,f b«idifS, and which i3 so difll-rcr't from
,,liinj:. He was a debater ; and was con-
'U'"! l*^' ^^'^' I^*"'^°'l'h t^ ^c, in our House of
L^sentatives, what Charles Fox was adniit-
j til be in the British House of Commons :
r „j(,jt accomplished debater which his coun-
. jijj tver seen. But their acquired advan-
> were very diflerent, and their schools of
iciice very opposite. Jlr. Fox perfected him-
U in the House, speaking on every subject ;
L Giles out of the House, talking to every
Jv Mr. Fox, a ripe scholar, addicted to litcr-
je and imbued with all the learning of all
e classics in all time ; Mr. Giles neither read
. studied, but talked incessantly with able
rather debating with them all the while :
1 drew from this source of information, and
L the ready powers of his mind, the ample
[sns of speaking on every subject with the
less which the occasion required, the quick-
L which confounds an adversary, and the
[Ct which a lick in time always produces.
lehad the kind of talent which was necessary
) complete the circle of all sorts of ability
itich sustained the administration of Mr. Jef-
jon. Macon was wise, Randolph brilliant,
Ijtin and Madison able in argument ; but
lies was the ready champion, always ripe for
! combat— always furnished wi*h the ready
to meet every bill. He was long a
Lber of the House ; then senator, and gov-
Lr; and died at an advanced age, like Patrick
Lv, without doing justice to his genius in
e transmission of his labors to posterity; be-
like Henry, he had been deficient in edu-
Ition and in reading. He was the intimate
lof all the eminent men of his day, which
ffici ntly bespeaks him a gentleman of manners
Ld heart, as well as a statesman of head and

CHAPTER CLII.

rEE8IDENTIAL ELECTION OF 1886.

[.Van Buren was the candidate of the demo-
uic party ; General Harrison the candidate of

the op|)Ositiiin; and Mr. llui;h I,. Whitf tli:\t "i
a fragment i>f the iliimxT.icy. Mr. Viiu I'.unii
was elected, receivinf: one hunda'd and seventy
electoral votes, t" cevenly-tlirec (.'ivtn ti> «Jtni-
ral Harrison, nuil twenty-.'^ix j;iven lu.Mr, Wliitr.
The States voting for each, were : — Mr. \'aii
Buren: Maine, New Ilanipsliiiv, llliodc Islanl.
Connecticut, New York, I'ennsjlviinia, Viicini:*,
North Carolina, Loui.sif.ua, Mississippi, Illinois,
Alabama, Missouri, Michigin. Arktinsas. For
General Harrison : Vermont, New .Jer.'^ey, Dela-
ware, Maryland, Kentucky, Ohio, Indiana. For
Mr. White : Georpa and Tennessee. Massachu-
setts complinicMtcd Mr. "Webster by bestowing
her fourteen votes upon him ; and South Caro-
lina, as in the two preceding elections, tlux'W
her vote away upon a citizen not a candidate,
and not a child of her soil — Mr. JIangum of
North Carolina — disappointing the expectations
of Mr. White's friends, whose standing for the
presidency had been instigated by Mr. Calhoun, to
divide the democratic party and defeat Mr. Vaii
Buren. Colonel Richard JI. Johnson, of Ken-
tucky, was the democratic candidate for the vice-
presidency, and received one hundred and forty-
seven votes, which, not being a majority of tho
whole number of votes given, the election was
referred to the Senate, to choose between tho
two highest on the list ; and that body being
largely democratic, he was duly elected : receiv-
ing thirty-three out of forty-nine sonatorial
votes. Tho rest of the vice-presidential vote, in
tho electoral colleges, had been between Mr.
Fra' cis Granger, of New York, who received
seveuty-seven votes ; Mr. John Tyler, of \ irgi-
nia, who received forty-seven ; and Mr. William
Smith, of South Carolina, complimented by Vir-
ginia with her twenty-three votes. Mr. Gran-
ger, being the next highest on tho list, after
Colonel Johnson, was voted for as one of tho two
referred to the Senate ; and received sixteen
votes. A list of the senators voting for each
will show the strength of the respective parties
in the Senate, at the approaching end of Presi-
dent Jackson's administration ; and how signally
all the efforts intended to overthrow him had
ended in the discomfiture of their authors, and
converted an absolute majority of tho whole
Senate into a meagre minority of one third.
The votes for Colonel Johnson were : Mr. Ben-,
ton of Missouri; Mr. Black of Jlississippi; Mr.
Bedford Brown of North Carolina ; Mr. Buchaa>

684

THIRTY YEAIW VIKW.

an of Pennsylvania ; >f r. CtitliWrt of Gcorpia 5
Mr. Diina of Maine; Mr. Ewing of Illinois ; Mr.
Fulton of Arkansa,s ; Mr. (i riinily of Tennessee ;
Mr. Ifen<lricks of Indiana; Mr. Hubbard of
Maine ; Mr. William Rtifus King of Alabama ;
Mr. John P. King of (ieorgir. ; Mr. Louis F.
Linn of Missouri ; Mr. Lucius Lyf^n of Michi-
pan ; Mr. McKean of Pennsylvania ; Mr. Gabriel
Moore of Alabama; Mr. Morr 1 of Ohio; Mr.
Alexander Monton of Louir.ian . ; Mr. Wilson
C. Nicholas of Louisiana; Mr. I^Aca of Connec-
ticut ; Mr. John Norvcll of Michican ; Mr. John
Page of New Hampshire ; Mr. Richard E, Par-
ker of Virginia ; Mr. Rives of Virginia ; Mr.
John M. Robinson of Illinois ; Mr. Ruggles of
Maine ; Mr. Ambrose II. Sevier of Arkansas ;
Mr. Pcleg Sprague of Maine ; Mr. Robert Strange
of North Carolina ; Mr. Nathaniel P. Talmadge
of New York ; Mr. Tipton of Indiana ; Mr. Ro-
bert J. AValker of Mississippi ; Mr. Silas Wright
of New York. Those voting for Mr. Francis
Granger were : Mr. Richard II. Bayard of Dela-
ware; Mr. Clay; Mr. John M. Clayton of Dela-
ware ; Mr. John Crittenden of Kentucky ; Mr.
John Davis of Massachusetts ; Jlr. Thomas
Ewing of Ohio ; Jlr. Kent of Maryland ; Mr.
Nehemiah Knight of Rhode Island ; Mr. Pren-
tiss of Vermont ; Mr. Asher Robbins of Rhode
Island ; Mr. Samuel L. Southard of New Jer-
sey; Mr. John S. Spence of Maryland; Mr.
Swift of Vermont ; Mr. Gideon Tomlinson of
Connecticut ; Mr. Wall of New Jersey ; Mr.
Webster. South Carolina did not vote, neither
in the person of Mr. Calhoun nor in that of his
colleague, Mr. Preston : an omission which could
not be attributed to absence or accident, as both
were present ; nor fail to be remarked and con-
sidered ominous in the then temper of the State,
and her refusa' to vote in the three preceding
presidential elections.

CHAPTER CLIII."

LAST ANNUAL M'^'.SSAGE OF PRESIDENT JACKSON.

At the opening of the ^econd Session of the
twenty-fourth Congress, President Jackson de-
livered uis last Annual Message, and under cir-
cumstances to be grateful to his heart. The
powerful opposition in Congress had been broken

down, and he saw full majorities of ardent
tried frien<ls in each House. Wc were in
and friendsliip with all the world, and all ^.^
ing questions quieted at home. Imiiistrv i-
its branches was prosperous. Tin- nvcnUc 4
abundant — too much so. The people wtro >
py. His message, of course, was first a reaj.jl
lation of this auspicious state of tiiinfrR. at In 1
and abroad ; and then a reference to the
tions of domestic interest and policy « iiipj,
quired attention, and might call for action.
the head of these measures stood the ^mJi
act of the last session — the act which iiniltr tl
insidious and fabulous title of a deposit ofl
surplus of revenue witJi the Statos—niade
actual distribution of that surplus ; and wk ij
tended by its contrivers to do so. Ilig ndijj
of this measure went to two points— his oJ
regrets for having signed the act, and liis nii|
givings in relation to its future obsenation.
said:

" The consequences apprehended, \rhen tl
deposit act of the last session received a J
luctant approval, have been measurably rcalizi
Though an act merely for the deposit of tj
surplus moneys of the United States in tl
State Treasuries, for safe keeping, until th
may be wanted for the service of the pcneii
government, it has been extensively epokonl
OS an act to give the money to the several StatJ
and they have been advised to use it as a j
without regard to the means of refunding]
when called for. Such a suggestion has doubl
less been made without a due consi lerationj
the obligation of the deposit act, and withoi
a proper attention to the various prlnciplj
and interests which are affected hy it. It]
manifest that the law itself cannoi R<\nction b\
a suggestion, and that, as it now stands, 1
States have no more authority to receive 1
use these deposits without intending to rctt
them, than any deposit bank, or any individjj
temporarily charged with the safe-keeping ]
application of the public money, would nn
have for converting the same to their priTii
use, without the consent an I against the will j
the government. But, independently of ilf
violation of public faith and moral obligati^
which are involved in this suggestion, wit
examined in reference to the terms of the pJ
sent deposit act, it is believed that the 1
siderations which should govern the futd
legislation of Congress on this subject, will i
equally conclusive against the adoption of m
measure recognizing the principles on whi^
the suggestion has been made."

This misgiving was well founded. Before II

ANNO ISSfl. ANI)KE\V JACKSON. I'UI^^IDFLST.

685

aw full majoriticB of ardent
each lloupc. We were in w
with all the world, and all nq
[uietcd at home. Iivhistry in ,
IS prosi)erou«!. The rtTennc \
much bo. The people wiro \
igc, of course, was first a Tfn\i,>\
^uFpicious state of tliirifru, at h,,,
nd then a reference to tlic q,.^
Stic interest and policy which i
Dn, and might call for action.
hese measures stood the i^^j
session — the act which under tl
fabulous title of a deposit of|
rcnue with the States— made
ition of that surplus ; and \va«ii
contrivers to do so. Ilia notij
ire went to two points— his on
ving signed the act, and his mil
ition to its future obser\ation.

icquenccs apprehended, \rhen tl

)f the last session received a i

ival, have been measurably realize

ict merely for the deposit of tl

leys of the United States in tl

iries, for safe keeping, until il»

ed for the service of the pemi,

it has been extensively spoken

ive the money to the several Stati

?e been advised to aseitasag.

ird to the means of refunding

for. Such a suggestion 1ms doul

ide without a due consi leration

n of the deposit act, and witho

;tention to the various principl

9 which are affected b> it, It

; the law itself cannot sanction m

' and that, as it now stands,

no more authority to receive

)08it8 without intending to ret.

ny deposit bank, or any individ.

charged with the safe-keeping

)f the public money, would m

rerting the same to their priTi

the consent an i against the wiU

lent. But, independently of t'

public faith and moral obligati

nvolved in this suggestion, wl

reference to the terms of the pi

act, it is believed that the cc

which should govern the fuu

■ Congress on this subject, will

•lusive against the adoption of «

ognizing the principles on A

)n has been made."

iving wa» well founded. Before 11

_^„„as over there was actually a motion to thi.>4 odious prinriple into tlh et. would Ik" at
\e the States from their obligation to re- ; ""*"*-' •'• dtstiov tlir mcuiH i>( it- i,Mfuliir>>. i«iid
,, . money-to lay which motioi> on the ?""«" t>'^' ••>'»ri"-t;,r 'l»->i'^;«"<l f-r it by the
p:t W^ "'^"^J J . . > franierit of the cun.slitution."

V there were seventy-three resisting votes — ^

jitonishiiif' number in itself, and the more There was another con>i.len»tiou coiuuctei'

uL'ivcn by tbe same members, sitting in the | with this policy of distribution which llu- I'nw

foats, who had voted for the act as a de- sident did not naine, and could not, in tlif K ro-

'■■■l a few months before. Such a vote was

ainuus of the fate of the money ; and that

[„ ^nj not long delayed. Akin to this mea-

» and in fact the parent of which it was the

itanl pr''B<'".V) was distribution itself, under

sown proper UMii* ; and which it was evident

w foon to be openly attempted, encouraged

(it! advocates were by the success gained in

, jf posit act. The President, with his char-

itterislic frankness and firmness, impugned that

tlicy in advance ; and deprecated its effects un-

u jvery aspect of public and private justice,

[1 of every consideration of a wise or just

ijlicy. lie said :

■To collect revenue merely for distribution
(die States, would seem to be highly impolitic,
hot as dangerous as the proposition to retain it
1 the Treasury. The shortest reflection must

itisfv every one that to require the people to
ki taxes to the government merely that they

L be paid back again, is sporting with the

nmi and reserve of an ofllciul conununicatioii to
Congress : it was the iuti lukd ilRct of thine
distributions — to debiuirh the \k'(>]iU' with tlu'ir
own money, and to pain presidintid votes by
lavishing upon them the t^poils of their country.
To the honor of the jKOplo this intended ell'cel
never occurred ; no one of those contriving these
(Jjstributions ever reaching the high object of
their ambition. Instead of dintribulion — histead
of raising money from the people to be returneil
to the people, with all the deductions which the
double operation of collecting and dividing
would incur, an<l with the losses which unfaith-
ful agents might indict — instead of that idle
and wasteful process, which would have been
childish if it had not been vicious, he recom-
mended a reduction of taxes on the comforts
and necessaries of life, and the levy of no more
money than was necessary for the economical
administration of the government ; and said :

tontial interests of the country, ana no
Item which produces such a result can be
ipectcd to receive the public countenance.
ithing could be gained by it, even if each in-
idual who contributed a portion of the tax
Id receive back promptly the same portion.
It it is apparent that no system of the kind
ever be enforced, which will not absorb a
jiderable portion of the money, to be distri-
ited in salaries and commissions to the agents
iployed m the process, and in the various
i and depreciations which arise from othe;-
s ; and the practical efi'ect of such a*: at-
ipt must ever be to burden the people with
;es, not for purposes beneficial to them, but
6tc11 the profits of deposit banks, and sup-
a band of useless public oflBcers. A distri-
ion to the people is impracticable and unjust
other respects. It would be taking one man's
jperty and giving it to another. iJuch would
the unavoidable result of a rule of equality
id none other is spoken of, or would be likely
be adopted), inasmuch as there is no mode by
ichthe amount of the individual contribu-
of our citizens to the public revenue can
isartained. We know that they contribute
ually, and a rule therefore that would dis-
lute to them equally, would be liable to all
objections which apply to the principle of
equal division of property. To make the
iral go\ornment the instrument of carrying

" In reducing the revenue to the wants of the
government, your particular attention is invited
to those articles which constitute the necessaries
of life. The duty on salt was laid as a wi r tax,
and was no doubt continued to assist in pi ovid-
ing for the payment of the war debt. The»"e is
no article the release of which from taxation
would be felt so generally and so benelicially.
To this may be added all kinds of fuel and pro-
visions. Justice and benevolence unite in favor
of releasing the poor of our cities from burdens
which are not neces;;ary to the support of our
government, and tend only to increase the
wants of the destitute."

The issuance of the "Treasury Circular"
naturally claimed a place in the President's
message ; and received it. The President gave
bis reason for the measure in the necessity of
saving the public domain from being exchanged
for bank paper money, vv'hich was not wanted,
and might be of little value or use when want-
ed ; and expressed himself thus :

" The effects of an extension of bank credits,
and over-issues of bank paper, have been strik-
ingly Illustrated in the sales of the public lands.
From the returns made by the various register*
and leceivers in the early part of lost summer

C8G

TIIIH-n' YKAHS' \l¥.\\:

it wuH |M'rr'iiv('(l tlint tho roroipts arisinp; from
ihp Miles of the piiMic IhtkIh. wore increasing to
nil iiiiitrcrcdcntetl amount. In ('H'wt, howi'viT,
llicsc rccfijifH anioiintcfl to notliinjc more than
rri'iiitH In Imnk. Tho hanks IcTit out their notes
t" spocuIatf)rs ; they were paid to tho receivers,
and immediately returned to tho banks, to bo
lent out ajj;ain and opiin ; beinj? mere instni-
ments to transfer to speculators tho most valu-
able public land, and i>ay the povemment by a
crinlit on tho books of the banks. Those cre-
dits on the books of some of tho western banks,
usually called deposits, were already prcatly
bfyend their immediate moans of payment, and
were rapidly incrcasinp;. Indeed each specula^
tion furnished means for another; for no sooner
had one individual or company paid in the
notes, than they were immediately lent to ano-
ther for a like purpose j and tho banks were
cxtendinj^ their business and their issues so
larp:ely, as to alarm considerate men, and render
it doubtful whether these bank credits, if per-
mitted to accumulate, would ultimately bo of
the least value to tho povcrnment. Tho spirit
of expansion and r.peculation was not confined
to tho deposit banks, but pervaded the whole
multitude of banks throughout the Union, and
was piving rise to new institutions to aggravate
the evil. The safety of the public funds, and
the interest of the people generally, required
that these operations should be checked ; and it
became tho duty of every branch of the general
and State governments to adopt all legitimate
and proper means to produce that salutary
effect. Under this view of my duty I directed
tho issuing of the order which will be laid be-
fore you by the Secretary of tho Treasury, re-
quiring payment for the public lands sold to be
made in specie, with an exception until the 15th
of the present month, in favor of actual settlers.
This measure has produced many salutary con-
sequences. It checked the career of the Western
banks, and gave them additional strength in
anticipation of tho pressure which has since
l)ervaded our Eastern as well as the European
commercial cities. By preventing the extension
of the credit system, it measurably cut oflf the
means of speculation, and retarded its progress
in monqpolizing the most valuable of the public
lands. It has tended to save the new States
from a non-resident proprietorship, one of the
greatest obstacles to the advancement of a new
country, and the prospft-ity of an oil one. It
has tended to keep open the public lands for
the en.ry of emigrants at government' prices,
instead of their being compelled to purchase of
speculators at double or treble prices. And it
is conveying into the interior large sums in
silver and gold, there to enter permanently into
the currency of the country, and place it on a
firmer foundation. It is confidently believed
that the country will find in the motives which
induced that order, and tho happy consequences
which will have ensued, much to commend i id
Dotbing to condemn."

The people were satiEfie<l with tlic Tr>;i..„
Cinrular ; they «aw its honesty ani pood ..ff,,
but the politicians were not fatisficil »j,i|
They thought they saw in it a new ixeni^.
illegal power in the Prcsulent — a new tamr, i-j
with tho currency — a new destruction i,ftJ
public prosperity; and comnicncwl an „,,,
upon it the moment Congress met, vtry n,,,,
in the style of the attack upon the order f,rt|J
removal of tho deposits ; and with fresli h,,,,
from tho resentment of the " thousand lj!.nl,i|
whoso notes had been excluded, and fma J
discontent of many members of Congress whoi
schemes of speculation had Ijcen balked, Ad
notwithstanding tho democratic majorities
the two Houses, the attack upon the "Circulari
had a great success, many members being i
terested in the exclaied banks, and partner? i
schemes for monopolizing the lands. A bill ji
tended to repeal tho Circular was actiial|
passed through both Houses ; but not in dia
terms. That would have been too flap;iant.
was a bad thing, and could not be fairly i],,
and therefore gave rise to indirection and muJ
guity of provisions, and complication of phrasJ
and a multiplication of amphibologies, wliJ
brought the bill to a very ridiculous conclu>i(j
when it got to the hands of General Jacks
But oi' this hereafter.

The intrusive efibrts made by politicians ;
missionaries, first, to prevent treaties from beij
formed with tho Indians to remove from i
Southern States, and then to prevent the i
moral after the treaties were made, led to i
rious refusals on the part of some oftli(J
tribes to emigrate ; and it became necessai^-
dispatch officers of high rank and reputatid
with regular troops, to keep down outrages >■
induce peaceable removal. Major GeneJ
Jesup was sent to the Creek nation, where 1
had a splendid success in a speedy and bloodlJ
accomplishment of his object. Major Gmil
Scott was sent to the Cherokees, where a pei(
nocious resistance was long encountered, 1
eventually and peaceably overcome. TheSeiJ
nolo hostilities in Florida were just breai
out ; and the President, in his message, tl)|
notices all these events :

" The military movements rendere';'. necessai
by tho aggressions of the hostile portions of ij
Seminole and Creek tribes of Indians, and I
other circumstances, have required the aciil

ANNO 1806. ANDUKW JACKSON, Pi:r>II)KNT.

C87

were satiEflcil with tin- Trf^s.j.
■ naw its honesty ani pond ,.ff,^
cians were not pati^fii'.! witt, J
they saw in it a new vxn-l^
in the Prcs'dcnt — a new tuiiif,n
Toncy — a new destruction nftJ
irityj and comniencpd an mu
oment Congress met, vLry ii,i,|j
' the attack upon the order f.,rtH
e deposits ; and with fresh li,,,j
■ntnient of the " thousand bank*
lad been excluded, and from iJ
many members of Conpress whij
icculation had been balked. Ad
ing the dem.ocmtic majorities
ics, the attack upon the "Circularl
success, many members btinf i
le exclu icd banks, and partner?
nonopolizing the lands. A bill
•cpcal the Circular was actuall
gh both Houses ; but not in ili.-o
t would have been too flapiant.
ling, and could not hi fairly JoJ
3 gave rise to indirection and aniU
visions, and complication of phnsJ
ipIicatioQ of amph ibologies, yhij
bill to a very ridiculous conclu>i[
to the hands of General JackM
lereafter.

sive efforts made by politician.? i
first, to prevent treaties from bei^
I the Indians to remove from •■
ates, and then to prevent the i
the treaties were made, led to i
Is on the part of some ofthd
igrate ; and it became necessary
icers of high rank and reputatiJ
troops, to keep down outrajres il
seable removal. Major Geneij
ent to the Creek nation, where I
id success in a speedy and bloodlJ
lent of his object. Major Genea
mt to the Cherokees, where a pcij
istance was long encountered, '
nd peaceably overcome. TheSed
ies in Florida were just br
le President, in his message, tbj
hese events :

itary movements rendere-?. neces
essions of the hostile portions of tl
id Creek tribes of Indians, and I
instances, have required the aciil

,„y,n(.nt uf nearly our whole rrj^nlar force,

odine the marine corps, and of largo bodies

Militia and vohmtecrH. W it h all these events,

fir «■* •''">' "*'**' known ut the neat of govern-

^„t ihT'iic'th** terininnfion of your last .«e.«f.ion,

ill ire nl'^'"'" "'"'innintcd ; and it is therefore

■ v needful > . mis piai'e to lay before you a

f ■•nmniary of what has since occurred. The

fcfwiih the Seminolcs during the summer was,

p (ur part) chiefly confined to the protection

(cwr frontier settlements from the incursions

1(1,0 enemy} and, as a necessary and imjior-

iftmcftns for the accomplishment of that end.

nhe maintenance of the post^ previou.sjy es-

l;<he<l. In the course of this duty several

,:on9 took place, in which the bravery end

^iiiline of both otlioers and mon were con-

tcuously displayed, and which I have deemed

fproper to notice in respect to the former, by

'jp.jnting of brevet rank for gallant .services

itlie field. Bu* *8 the force of the Indians

L jQt so far weakened by these i)artial suc-

Lc3 as to lead them to submit, and as their

tip; inroads were frequently repeated, early

(ssiires were taken for placing at the disposal

r Governor Call, who, as commander-in-chief

J the territorial militia, had been temporarily

Leited with the command, an ample force, for

(; purpose of resuming oftensive operations in

einost efficient manner, so soon a.s the season

luld permit. Major General Jesup was also

Kted, on the conclusion of his duties in the

[«k country, to repair to Florida, and assume

command. Happily for the interests of

jnanity, the hostilities with the Creeks were

Wht to a close soon after your adjournment,

Ithout that effusion of blood, which at one time

! apprehended as inevitable. The uncondi-

Enal submission of the hostile party was fol-

Vd by their speedy removal to the country

Eiimcd tbcm west of the Mississippi. The ir>-

n 'J> to the alleged frauds in tlie purchase

fthe reservations of these Indians, and the

lies of their hostilities, requested by the re-

lition of the House ol liepresentatives of the

)of July last to be made by the President, is

r going on, through the agency of commis-

jncrs appointed for that purpo m. Their report

Ifihr expected during your present session.

"e difliculties apprehended in the Cherokee

mtry have been prevented, and the peace and

fety of that region and its vicinity etiieccually

hired, ly the timely measures taken by the

r department, and still continued."

fhe Bank of the United States was destined
me another, and a parting notice from
ml Jackson, and greatly to its further dis-
lit, brought upon it by its own lawless and
Ibonest course. Its charter had expired, and
!id delayed to refund the stock paid for by
I United States, or to pay the back dividend ;
transferred itself with all ics etlects.

and all its siibiscrilier-* except the Tnited .^tnf'-s.
to a new corporation, nnder the same lutm',
rr«'ato>' hynjimrisii to a mid l.ill in t!ic fnnrnil
A.ssenibly of lVniis\ Ivnni.i, olituincd l.y liriUry,
as subsequent K'pi^liitive investiL'ation prove"!.
This tnnsfiT, or trnnsmipnUion, was a new
and most amazing procedure. Tin- iiu'temps\.
chosis of a bank was a novelty wiiiidi roufoinnl-
ed and astounded the sen-ii's, mvl set tlie wits
of Congress to work to find out how it rouM
I legally be done. The Pre.siilent, tliou^'h a pool
' lawyer and juilgc of law, did not trouble him-
.self with log!»I subtleties and disquisitions. Hi-
took the broad, moral, practical, business viev^of
the question ; and pronounced it to be dishonest,
unlawful, and irresponsible ; and rccoTuineudL'd
to Conpress to look after ka stock. The ires-
sage said :

"The conduct and present condition of that
bank, and the great amount of capital vested in
it by the United States, require your careful at-
tention. Its charter expired on the third day
of March la.st, and it has now no power but that
given in the 21st section, 'to use the corporate
name, style, and capacity, for the purpose of
suits, for the final .settlement and liquid.ation of
the aflairs and accounts of the corporation, and
for the sale and disposition of their estate, real,
personal, and mixed, and not for any other pur-
pose, or in any other manner whatsoever, nor lor
a period exceeding two years after the oxiiiri-
tion of the said term of incorporation.' Before
the expiration of the charter, the stockholders
of the bank obtained an act of incorporation
from the legislature of Pennsylvania, excluding
only the United States. Instead of proceeding
to wind up their concerns, and pay over to the
United States the amount due on account o" the
stock held by them, the president and directors
of the old bank api)ear to have transferred the
books, papers, notes, obligations, and most or all
of its proper<^> , to this new corporation, which
entered upon business as a continuation of the
old concern. Amongst other acts of questiona-
ble validity, the notes of the expired corporation
are known to have been used as its own, and
again put in circulation. That the old bank
had no right to issue or "reissue its notes after
the expiration of its charter, cannot be denied ;
and that it could not confer any .such right on
its substitute, any more than exercise it i self,
is equally plain. In law and honesty, the iiote.s
of the bank in circulation, at t*^ ■ expiration of
its charter, should have been called in by public
advertisement, paid up as presented, and, to-
gether with those on hand "ncelled and de-
stroyed. Their re-issue is su nedby no law,
and warranted by no necess- ., . If the United
States be responsible in their stock for the pay-
ment of these notes, their re-issue by the new

688

TIIIKTV Vr.AUS- VIKW.

cnrporntion, for thrir own profit, is a fraud on
the govcrntrniit. If tin- I'liiH"! Stati'K i* not
r('S|iiiiisil)I(', tlii'H then- in no Ic;:nl rcs|i()nsil)ility
in nny (|imrl(r. nml it ir* n fraud on tlic rniuitry.
'I'lioy nrc llic ri'<lc('nic(l nott-H of a ilinsdlvwl
|iiirtnLTsiii[), liiit, lontrary to the winlies of the
ntiriiiK pardici', ami without liiH connont. nrc
ajrain iv-is-iiicd and circulated. It i^ tlio hif;h
and |peruliiir<Iiify of ConproHH to dcridu wliftluT
nny fiirtlicr IcpiNJation bo necessary for tlio se-
curity of tlio lar^o amount of public property
now hold and in use by thu new bank, and for
vindicatinj; thi- rip;hts of tho Rovemniont, and
comiielliii}: a speedy ami honest settlement with
all tho creditor-t of the old bank, public and pri-
vate, or whether tho Hubject shall bo loft to tho
power now possessed by tho executive and
judiciary. It renuiins to be seen whether tho
persona, who, as nianapers of the old bank, un-
dertook to control the government, retained tho
public dividends, shut their doors upon a com-
mittee of the House of Reprcsontativos, and lillcd
tho country with panic to accomplish tlieir own
sinister objects, may now, aa managers of a new
Bank, continue with impunity to flood tho coun-
try with a spurious currency, use tho soven mil-
lions of gOTornmont stock for their own profit,
and refuse to the United States all information
as to the present condition of their own proper-
ty, and tho prospect of recovering it into their
own possession. The lessons taught by the
bank of tho United States cannot well bo lost
upon the American people. They will take care
never again to place so tremendous a power in
irresponsible hands, and it will be fortunate if
they seriously consider the consequences which
arc likely to result on a smaller scale from the
facility with which corporate powers arc grunted
by their State government."

This novel and amazing attempt of the bank to
transmigrate into the body of another bank with
all its eilccts, was a necessity of its position — the
necessity which draws a criminal to even insane
acts to prevcat the detection, exposure, and ruin
from which guilt recoils in not less guilty contriv-
ances. The bank was broken, and could not wind
up, and wished to postpone, or by chanco avert
the dreaded discovery. It was in the position of
a glass vase, cracked from top to bottom, and
ready to split open if touched, but looking as
if whole while sitting unmoved on the shelf.
The great bank was in this condition, and there-
fore untouchable, and saw no resource except in
a metempsychosis — a difficult process for a soul-
less institution — and thereby endeavoring to
continue its life without a change of name, form,
or substance. The experiment was a catastro-
phe, as might have been expected beforehand ;
and as was soon seen afterwards.

Tho injury remilting to tho pnhji,;
from tho long delay in making th;. stPtr.,.
tions at the lost Sfinidu — delayed \vlii|,.,]fni.
with distributiMi 'ills until the soiu-on f. r
had well passed away. On tliiii point thr „
sage said :

" No time was lost, after tho ni;ikinu i.f •
requisite appmpriations, in re-iuniiii); tlic m*
national work of completing the unfliii^||^,| J
tifications on our 8eal>oard, and of pjacin,- (U
in a proiKjr state of defence. In cmisiim,,
however, of the very late day at which th
bills were pasgcd, but little progress c(mi1,i|
niado during the season which \\m juh d, ^,
A very largo amount of tho moneys (irantoili
your last session accordingly remains iini.\f»J
wl ; but as the work will be again roMirnt,! j
the earliest moment in the comin;; siirim'
balance of the existing appropriations, ai|i|
several cases which will bo laid before yonwjL
the proper estimates, further sums for tlio \m
objects, may bo usefully expended Uurin • I
next year." "

Here was one of the evils of dividing the tJ
lie money, and of factious opposition tu the o
emmcnt. The session of 1834 — 'ShadcloJ
without a dollar for tho military defences, 1 j
ing half finished works unfi;>ishcd, and Mm
works unarmed ; and that in tho presence (
threatening collision with France; and at |
subsequent session of 1835- 6, the appropriaticl
were not made until the month of July
when they could not be used or applied.

Scarcely did tho railroad system bcpjl
spread itself along the highways of the lull
States than the effects of tho monopoly and I
tortion incident to moneyed corporatioas,!
to manifest itself in exorbitant demands fur J
transportation of the mails, and in capriciJ
reflisals to carry them at all except on their o|
terms. President Jackson was not tho nun|
submit to an imposition, or to capitulate t
corporation. He brought the subject bed
Congress, and invited particular attention tol
in a paragraph of his message; in whict>|
said:

" Your particular attention is invited to
subject of mail contracts with railroad c
panics. The present laws providing for the i
ing of contracts are based upon the presunpL
that competition among bidders will secure I
service at a fair price. But on most of the i
road lines there is no competition in that L
of transportation, and advertising is therel
useless. No contract can now be made «
them, except such as shall be negotiated bel

ANNd )s:,.-., AMiUlAV JA(KSn\. l'IlI>n(K.NT.

G89

' n'RuUinK to the public i^f
H (Uliiy in miikiiin >.\:v «p[,r.,p,
Lst (W."<rtiiin — lU'layi'il \' liilc ,jfn,,,,
til, II 'ills until till.' MM-on Tr'at^
sell away. On UiIh iwinlih^i

was lost, after tho makine '.f ^
n>i>riatii»n«, in nv-iunrniK itic ^f.
k of comtilutinK tlie uiirmi(il,i..l f J

our et'ttlioard, and of iilacin,; t J
Btato of defence. In conmninnl
tho very late day at which ih^
asscd, but little progress cdiiH [
; the season which lio^ just d,<«
) amount of tho moneys prantt.l,
sion accordinply remains untsU
,he work will bo again riMnnt,!

moment in the comins s|irinj»,
;ho exiHtint? appropriations, anil
I which will bo laid befure yu\i,J
stimatcH, further sums for the I
r bo usefully expended during

one of the evils of dividing the pJ
nd of factious opposition to the j
rho session of 1834 — '5 had cloi
ollar for tho military defences, kJ
shed works unfi;>ished, and finijli|
med ; and that in the presence (
collision with France ; and at I
session of 1835- 6, the appropriatii^
lado until tho month of July i
could not be used or applied.
did tho railroad system begin I
' along the highways of the Unij
tho eifects of tho monopoly andj
dent to moneyed corporations,!
, itself in exorbitant demands fori
ion of the mails, and in capriciJ
carry them at all except on theit ol
■esident Jackson was not tho m\
an imposition, or to capitulate I
He brought the subject bell
and invited particular attention toj
;raph of his message ; in whicbl

particular attention is invited to
mail contracts with railroad c^
he present laws providing for the i
tracts are based upon the presurap
etition among bidders will secure]
a fair price. But on most of the r
there is no competition in that I
jrtation, and advertising is there!
No contract can now be made 4
ept such as shall bo negotiated bel

jtitn* i)f "'rtifinjior nftcrwnnl.^, and the powrr

r,i, I'diininKtcr-pent rnl to pny ituiii lii^'ii

^ i^, pmrtirally. uithont iiniitntinii. It

cM )« ft rt'lief tn him, and no doiiiit would

1,,,^ to the public interest, to pn.-ci il>e by

jiOK' c<|uital)le lia.«is upon which nuch cou-

.fhall ri'-st. and n.-'lrii t him by a tlxccl rule

|/,I|„«»nii'. I'niliT a IIIkthI art of that sort,

Ljniild iindoul'to<lly I* able t> sucurc the fvr-
i»fmi>.'<t of tho railroad c<»mpaniei<. and the

t(v*t of the Dipartnitiit would Ijo thu.s ad-

itad"

llhemosunp' recommended a friendly sujier-
jonoTcr the Indian tribes removed to the

\t\. of the Mi8.siHsippi with the important
nstion of preventing intestine war by mili-
r intcrfiTence, as well ns improving their con-

L„n hy all the usual means. On these points,

\-]\\t national policy, foimdod alike in interest
ji:i humanity, so long and so steadily pursued
tibi povernment, for the removal of the In-
n tribes originally settled on this side of the
LiKJiipi, to the west of that river, may bo
ito have been consummated by the conclusion
flhe late treaty with the Cherokees. Tho
jgaas taken in the execution of that treaty,
j in relation to our Indian afliiirs generally,
1 fully appear by referring to tho accompany-
Ipapers, Without dwelling on tho numerous
pirtant topics embraced in them, I again
Itc your attention to tho importance of pro-
jjiT a well-digested and comprehensive system
Itlic protection, supervision and improvement
Ite various tribes now planted in the Indian
ftrv. Tho suggestions submitted by the
mL'sioncr of Indian affairs, and enforced by
jiecrctary, on this subject, and also in regard
[ establishment of additional military po.sts
> Indian country, are entitled to yonr pro-
1 consideration. Both measures are neces-
l for the double purpose of protecting the
Jans from intestine war, and in other respects
(plying with our engagements to them, and
liring our Western frontier against incur-
;, vf hich otherwise will assuredly be made
The best hopes of humanity, in regard
|ie aboriginal race, tho welfare of our rapidly
; settlements, and the honor of the Uni-
IStatcs. are nil deeply involved in the rela-
]i existing Ijetween this government and the
rating tribes. I trust, therefore, that the
Jfis matters submitted in the accompanying
ments, in respect to those relations, will re-
kyour early and mature deliberation ; and
(it may issue in the adoption of legislative
Jires adapted to the circumstances and du-
lof the present crisis."

fs suggestion of preventing intestine wars
ley are called) in the bosoms of the tribes,
■niied equally in humanity to the Indians

Vol. I.— 44

Since

and duty to o»in.iIv««. Such war-t arc nothing

but nmKKUTci. a.-cft^Mnation.o and conli-niii.nK.

The ftnii^Tr party nppriM^ a haled. ..r f.ard

niiuoritv •■r chi.f; niid --lav «ith inipnnity (in

^ come of the tiiUs), whciv the n....Mimpti'.n of a

I form of goveminent, modelled after that of the

I white nice, f .r which tlicy Inve no rap.vity,

j givcrt the ju.stillcation of executions in wlnt is

nothing but revenge ..nd assa-ssiuaiinn. I'ndcr

their own ancient laws, of blood for 1.1 1, ami

for the slain to avenge the wrong, this liiil.ijity
of personal responsibility restrained the billin
to cases of public justifiable necessity
the removal of that respon.sibility, revcngi-. am-
bition, plunder, take their course: and the ron-
scfiuence is a .H>ries of assassinations which have
been going on for a long time ; and still ccjutinue.
To aggravate many of these mussacivs, and to
give their victims a stronger claim upon the pro-
tection of the United States, they are done upon
those who are friends to the United .'^tates,
upon occusations of having betrayed the interest
of the tribe in some treaty for the sale of lands.
The United States claim jurisdiction ov r their
country, and exercise it in the punishment of
some classes of criminals; and it would be good
to extend it to the length recommended by Pre-
sident Jackson.

The message would have been incomjilcte
without a renewal of the standing reconnnonda-
tion to take the presidential election out of tho
hands of intermediate bodies, and give it diivct-
ly to the people. He earnestly urged an ameml-
ment to the constitution to that ell'ect ; but that
remedy being of slow, diflBcult, and doubtful at-
tainment, the more speedy process by the action
of the people becomes the more necessary. Con-
gressional caucuses were put down by the people
in the election of 1824 : their substitute and suc-
cessor — national conventions — ruled by a minor-
ity, and managed by intrigue and corruption.
are about as much woi-se than a Congress cau-
cus as Congress itself would be if tho members
appointed, or contrived the appointment, of tluni-
selves, instead of being elected by the people.
The message appropriatelyconcluded with thanks
to the people for the high honors to which they
had lifted him, and their support under arduous
circumstances, and said :

*' Having now finished the observations deem
ed proper on this, the host occasion I sliall have
; of communicating with the two Houses of Co»>

690

Tiimn' YKAUs' vir.w.

pri'WH at thfir mr<'tin(r, f cannot omit an cxprcn-
xion of thit itr'ttitii'lo which U liitt) to tlin great
iKidyof my itllowritia!cns, in w-hoNC|>artialitv and
iniliil)rcii('c I have foiin'l encouraKvinent arxl nufv-
port in the many <lillkiiit an<l trying KCcncH
through whicli it han lM>cti my h>t to \M»ii (hir-
ing my piihlic career. Though (lce])ly KcnHJhle
that my exertions hnvp not lx!on crowiM<<l with a
BiicccsH corre^iwnding to tho dcgivo of favor K-
Ktf)wcd nf)on nic, I am Hiiro that they will be
considered aa having hcen directed by an carneRt
desire to promote the good of my country ; and
1 am consoled by tho porsiiasion that whatever
errors have been committed will find a corrective
in the hitelligcnco and patriotism of thoao who
will Bticceed ns. All that hoa occurred during
my administration is calculated to inspire me
with increased confldenco in the stability of our
institutions, and should I be spared to enter np-
pon that retirement which is so suitable to my
ago and infirm health, and so much desired by
me in other respects, I shall not cease to invoke
that bcncfloent Being to whose providence wo
nro already so signally indebted for tho continu-
ance of his bicfieings on our beloved country."

CHAPTER CLIV.

FINAL REMOVAL OP THE INDIANS.

At the commencement of the annual session of
183C--'37, President Jackson had the gratifica-
tion to mako known to Congress the completion
of the long-pursued policy of removing all the
Indians in the States, and within tho organized
territories of the Union, to their new homes
west of the Mississippi. It was a policy com-
mencing with Jefferson, pursued by all succeed-
ing Presidents, and accomplished by Jackson.
The Creeks and Cherokees had withdrawn from
Georgia and Alabama; the Chickosaws and
Choctaws front Mississippi and Alabama ; the
Seminoles had stipulated to remove from Flori-
da ; Louisiana, Arkansas and Missouri had all
been relieved of their Indian population ; Ken-
tucky and Tennessee, by earlier treaties with
the Ghickasaws, had received the same advan-
tage. This freed the slavo States from an ob-
Btacte to their growth and prosperity, and left
tbcm free to expand, and to cultivate, to the
full measure of their ample boundaries. All
the free Atlantic States had long been relieved
from their Indian populations, and in this re-
Bpcct the northern and southern States were
now vpon an equality. The result has been

proved to Ik?, what it wis then U'licvwl it ,,
Ix", Ixiieflrial to both pnrtien ; and ►till ^o^
to tho Indians than to the whit4.-4. >Vit|| o J
it was a question of extinction, thn time .,
the debatable point. They were (Jnily n^,^
under contact with the whites, and ha,! |,(J
their eyes tho eventual but certain fat<' ,/ 1
hundreds of trilxs found by tho early ciil.,^
on tho Roanoke, tho James River, llio pot„,
tho .Sus<|uehannah, tho Delaware, tin- Conn <
cut, tho Mcrrimac, tho Kcnnclx^c ami tho \<,
obscot. The removal saved tho Bouthi;m tnlj
from that fate; and in giving tlum nnv
unmolested homes beyond tho verj^'o of
white man's settlement, in a country timiji J
in climate, fertile in soil, adapted to a;:ricii|[J
and to poatnrago, with an outlet for ImntJ
abounding with salt water and salt spring.
left thom to work out in peace tho proLkml
Indian civilization. To all the relieved 8ij
the removal of tho tribes within their bon
was a great benefit — to the slave Sti tes tn
cendently and inappreciably great. The lin
tribes were within their limits, and the Wsd
their lands in the hands of tho Indians to]
extent, in some of the States, as Georgia, I
bama and Mississippi, of a third or a quarteJ
their whole area. I have heretofore ehow
the case of the Creeks and tho Chcrokn
Georgia, that the ratification of tho treaties!
the extinction of Indian claims within Jierf
its, and which removed the tribes which cd
bered her, received the cordial support ' f g
em senators ; and that, in fact, witooiK {
support these great objects could not have i
accomplished. I have now to say the >
all the other slave States. They were a
lieved in like manner. Chickasaws and Cl
taws in Mississippi and Alabama: Cbicy
claims in Tennessee and Kentucky ; Scmid
in Florida ; Caddos and Quapaws in Louia
and in Arkansas ; Kickapoos, Delawnres, ^
noes, Osages, lowas, Pinkeshaws, Weas,
orias, in Missouri ; all underwent tho sane J
cess, and with the came support and
Northern votes, in the Senate, came to the r
cation of every treaty, and to the
every necessary appropriation act in the 1
of Representatives. Northern men luj
said to have made the treaties, and
acts, as without their aid it could not hare I
done, constituting, as they did, a large nuM

ANNO Ih:!,v ANrmKW JACKSON, I'UI-yiDKNT.

,vhnt it \V4«« then U-licviil it „„^
;o both iinrtU'H ; ami >.till tnoi* |
I than to the whiU-M. With ih,
Htion of extinction, thn tim« <„^
point. They were daily wutt
, with the wliites, and lia-1 1,(1

eventual but certain faU; .f 4
trlbcH found by the early ccl.tiJ
kc, the Jnmcs lUver, the \\\„
nnnh, tlio Delaware, tlw Conn?<.
•imac, the Kcnncliec and tlio I'l

removal saved the southcm trij
itc ; and in givinf; them now
homes beyond the verRo <,(

Bottlemcnt, In a country tempen
;rtilo in soil, adapted to afrriculiJ
urago, with an outlet lor ImniJ
rith salt water and salt sprinp,
» work out In peace the proUcnl
zatlon. To all the relieved Su

1 of the tribca within their Un
, benefit— to the Blavo St« tea tn
nd inappreciably great. Tho Ian

within their limits, and tlie l«s«
in the hands of tho Indians, to |
omo of the States, as Gcori^ia, I
ilississippi, of a third or a qaarteJ

area. I have heretofore t\m
r the Creeks and tho Chcrokei
lat the ratification of tho treatiesi
ion of Indian claims within herl[
ich removed the tribes which (u
received the cordial support f
>rs ; and that, in fact, withoui i
380 great objects could not have!
led. I have now to say the ;
ler slave States. They were a
ike manner. Chickasaws and c|
lississippi and Alabama: Chicki
Cennessee and Kentucky ; Semis

; Caddos and Quapaws in Louiil
tansas ; Kickapoos, Delawnres, SiJ
;es, lowas, Pinkeshaws, Wcas,
lissouri; all underwent tho same j
with the came support and
votes, in the Senate, came to the r

every treaty, and to the pass
essary appropriation act in the 1
sentatives. Northern men mij|
ive made the treaties, and

ithout their aid it could not have

stituting, as they did, a large maj^

(h* IInii'*o. nnd luinfr o<\\ti\\ in the S«'nntp,
,p.ii Tdte of twfv-third^ wi\H waiilinir. I d<>
f,iov('r tlie»e tnatiri* nnd I«\vh oiu< liy one,
,1^,* their pasMpre, and liy what voton. I
ihat in the on»c of tho Cr»>ek (renly and the
ilicc treaty, for tlio n?niovnl of thew trilieH
(Ifornia} and showed that tho North was
jinoiis In one case, and nearly so in the
litr, while in lK)lh treaties there was a south-
jppo«ition, and in one of them (the Chcro-
I, both Mr. Calhoun nnd Mr. Cloy in the
iijvc: and these instances may stand for an
nitration of tho whole. And thus tho area of
,e population has been olmost doubled in the
^fe!'tatci<,byHcndinp! away the Indians to make
for their expansion; and it is unjust and
|,-unjuKt and crtiel in itself, independent of
motive— to charge these Northern 8tatcs
lb a design to abolish slavery in tho South.
key had harbored such design— if they had
merely unfriendly to the growth and pros-
ily of these Southern States, there was an
• Tay to have gratified their feelings, wlth-
irommitting a breach of the constitution, or
aggression or encroachment upon these
es: they had only to sit still and vote
St tho rotificaiion of the treaties, and the
tment of the laws which efibcted this great
oral. They did not do so — did not sit still
[rote against their Southern brethren. On
jmiimry, t(wy stood up and spoke aloud, nnd
I M these laws and treaties an effective and
support And I, who was the Senate's
lan of the committee of Indian aifairs at
I time, and know how these things were done,
wlio was so thankful for northern help at
|time; I, who know the truth and love jus-
i and cherish the harmony and union of the
frican people, feel it to be my duty and my
to note this great act of justice from tho
1 to the South, to stand in history its aper-
contradiction of all imputed desi^nin the
jStates to abolish slavery in the slave States.
ale of States, not of individuals or societies.
liiare shown that this policy ot the uni-
removal of the Indians from the East to
kit of the Mississippi originated with Mr.
son, and firom the most humane motives,
fter having seen the extinction of more than
f tribes in his own State of Virginia; and
en followed up under all subsequent ad-
trations. With General Jackson it was

r,'A

nothinjr l.iit the rontimwtion of an I'staMiOiMl
loli.y, l.tu ..|i.> ill whirh bf lunrlily pon.iirn.l,
and ofH lii.'li \u* lo, al \<.,mImu ajid lis ex|*riri..-,I
made Mm on,. .,f tl„. Mr,..Ht ..f pidtrvi ; but, like
cviry other n.t „f his !i.|iiiii.iMrati„n, it was
destine-l t..ol,|„,,uy and o|.iN.siti,,n, and tn mi-
representati..ns, whieh hav survivid tli'- ol.jnt
of their enntion, and p.iio into l.i-tory. U,. «!h
eharped with inJiii.tio.. f., tlir Indi'an^ in ii..t
pmtectinp tliciii npiinst the lm>sand jurimlictimi
of the Stale'* ; witli enu Ity, in driviii}.' tliciii
away from the hones of their fatlicrx ; \* ith rol.-
liery, in fakin^r their lands for paltry con.siden-
tious. I'aits of the tribes were excited ti,
resist the exerntion of the treaties, nnd it even
k'canie necessary to send troops and disiinjrnish-
ed generals— Scott to the Cliei-.)keeH, .lecup to
tho Creeks— to efl'ect their removal ; which, hy
the mildness nnd steadiness of these generals
and according to the humane spirit of their
orders, wa.s eventually acconii)lished without tin-
aid of force. The outcry rai.sed against Ceneral
Jackson, on account of these measures, reached
tho cars of the French traveller and writer on
American democracy (Dc Tocqueville), then so-
journing among us and collecting materials for
his work, ond induced him to write thus in his
chapter 18 :

" The ejectment of the Indians very often takes
place, at the pres(<nt day. in a ri'gular, and, as it
were, legal manner. When the white popula-
tion begins to npproaeh the limit of a desert
inhabited by a savage tribe, the government (if
tho United States iisii.ally dispatches envoys to
them, who assemble the Indians in a largo plain,
and having first eaten and drunk with them,
accost thom in tho following manner : ' What
have you to do in the land of your fathers ?
Before long you must dig up their bones in order
to live. In what res])ect is the country you in-
habit better than another 1 Arc there no'woods,
marshes or prairies, except where you dwell ?
and can you live nowhere but under your own
sun ? Beyond those mountains, which you see
at the horizon— beyond the lake which bounds
your territory on tho west — there lie vast coun-
tries wheio beasts of chase are found in great
abundance. Sell your lands to us, and go and
live happily in those solitudes.'

" After holding this language, thoy i prend
before the eyes of the Indians fire-arms, woollen
garments, kegs of brandy, glass necklaces, brace-
lets of tinsel, ear-rings, and looking-glasses.
If, when they have beheld all these riches, they
still hesitate, it is insinuated that they have not
the means of refusing their required conscuV

C92

THIRTY YEARS' VIEW.

and that the government itself will not long
have the power of protecting them in their
rightfl. What arc they to do ? Half convinced,
half compelled, they go to inhabit new deserts,
where the importunate whites will not permit
them to remain tun years in trani|uillity. In
this manner do the Americans obtain, at a very
low price, whole provinces, which the richest
sovereigns in Europe could not purchase."

The Grecian Plutarch deemed it necessary to
reside forty years in Rome, to qualify himself
to write the lives of some Roman citizens ; and
then made mistakes. European writers do not
deem it necessary to reside in our country at all
in order to write our history. A sojourn of some
months in the principal towns — a rapid flight
along some great roads — the gossip of the steam-
lioat, the steam-car, the stage-coach, and the
hotal — the whispers of some earwigs — with the
reading of the daily papers and the periodicals,
all more or less engaged in partisan warfare —
and the view of some debates, or scene, in Con*
grcss, which may be an exception to its ordinary
decorum and intelligence: these constitute a
modem European traveller's qualiiications to
write American history. No wonder that they
commit mistakes, even where the intent is honest.
And no wonder that Mons. de Tocqueville, with
admitted good intentions, but with no " forty
years " residence among us, should be no excep-
tion to the rule which condemns the travelling
European writer of American history to the
compilation of facts manufactured for partisan
effect, and to the invention of reasons supplied
from his own fancy. I have already had occa-
sion, several times, to correct the errors of Mons.
de Tocqueville. It is a compliment to him,
implicative of respect, and by no means extend-
ed to others, who err more largely, and of pur-
pose, but less harmfully. His error in all that
he has here written is profound ! and is injuri-
ous, not merely to General Jackson, to whom
his mistakes apply, but to the national charac-
ter, made up as it is of the acts of individuals ;
And which character it is the duty of every
American to cherish and exalt in all that is
worthy, and to protect and defend from all un-
just imputation. It was in this sense that I
marked this passage in De Tocqueville for re-
futation as soon as his book appeared, and took
steps to make the contradiction (so far as the
alleged robbery and cheating of the Indians was
concerned) authentic and complete, and as pub-

lic and durable as the archives of U,e pj^tn
mcnt itself. In this sense I had a call nvi,. i
a full, numerical, chronological and official jui
ment of all our Indian purchases, from the I
gining of the federal government in 1789ioiiJ
day, 1840— tribe by tribe, cession by tt^^
year by year— for the fifty years which the J
emmcnt had existed; with the number of i
acquired at each oesaion, and the amount
for each.

The call was made in the Senate of the [J
ted States, and answered by document No. CD
1st session, 26th Congress, in a document]
thirteen printed tabular pages, und authcntia
by the signatures of Mr. Van Burcn, Preeid^a
Mr. Poinsett, Secretary at War ; and Mr. Ijaj
ley Crawford, Commissioner of Indian Affiii
From this document it appeured, that the ul
ted States had paid to the Indians eightr-J
millions of dollars for land purchases up to I
year 1840 ! to which five or six millions
be added for purchases since — say ni lety i
lions. This is near six times as much us j
United States gave the great Napoleon
Louisiana, the whole of it, soil and juridiciiij
and nearly three times as much as all tlirc4
the great foreign purchases — Louisiana, FIoi
and California — cost us ! and that for soil ajj
and for so much as would only be a fn
of Louisiana or California. ImpressiTe ii\
statement is in the gross, it becomes moret
the detail, and when applied to the particij
tribes whose imputed sufferings have draw
mournful a picture from Mons. dc TocqueTJ
These arc the four great isouthern tribes— Cn
Cherokees, Chickosaws and Choctaws. AppI
to them, and the table of purchases and |
menta stands thus : To the Creek kdl
twenty-two millions of dollars for twcntyJ
millions of acres; which is seven millionsn
than was paid France for Louisiana, and (
teen millions more than was paid Spaiil
Florida. To the Choctaws, twenty-three f
lions of dollars (besides reserved tracts),!
twenty millions of acres, being three niiUj
more than was paid for Louisiana and Flo^
To the Cherokees, for eleven millions of i
was paid about fifteen millions of dollai
exact price of Louisana or California. To|
Chickosaws, the whole net amount for i
this country sold under the land system o
United States, and by the United Statci I

ASNO 1836. ANDREW JACKSON, rRESIDEXT.

693

as tbe archives of the p>\^i\
this sense I had a call mnW {
I, chronological and official (uJ
Indian purchases, from ilie i
leral government in 1780 imlj
te by tribe, cession by cfev*;«
br the fifty years which the jcj
listed J with the numkr of i
h cesiion, and the amount ]

I made in the Senate of the T
1 answered by document Xo, C
ith Congress, in a document
d tabular pages, and authcnti
res of Mr. "Van Burcn, Preeidti
Secretary at War; and Mr. Hi
Commissioner of Indian Affaij
jument it appeured, that theU
d paid to the Indians eighty-(
liars for land purchases up to
> which five or bix millions
purchases since— say niiety
is near six times as much as
>8 gave the great Napoleon
e whole of it, soil and jurisdicJi
iree times as much as all tb(
eign purchases— Louisiana, Flo
a— cost us ! and that for soil ali
uch as would only be a fi
or California. Impressive as
in the gross, it becomes more
id when applied to the partii
imputed sufferings havedrai
jicture from Mons. do Toque
B four great southern tribes— C'
JhickasawsandChoctaws. Api
1 the table of purchases and
ds thus: To the Creek hi
millions of dollars for twenty.
icres; which is seven millions
Ad France for Louisiana, and
ns more than was paid Spaio
'o the Choctaws, twenty-three 1
liars (besides reserved tracteU
lions of acres, being three mil
was paid for Louisiana and Fl(
jrokee8,for eleven millions of
jout fifteen millions of dolk
of Louisana or Califomia. To
8, the whole net amount for
•y sold under the land system
,tcs, and by the United State.

jftTS. i^T^ millions of dollars for oix and
^^^uartir millions of acres, lieing the way
i< nation chose to dispose of it. Here are
toy-MX millions to four tribes, leaving thirty
uilions to go to the smaU tribes whose names
«t unknown to history, aad which it is probable
L \rriter on American democracy hatl never
of when sketching the picture of their
oppressions.
I will attend to the ca.«c of these small ro-
e tribes, and say that, besides their propor-
of the remaining thirty-six millions of
illirs, they received a kind of compensation
iicd to their condition, and intended to induct
into the comforts of civilized life. Of
I will give one example, drawn from a
itrwith the Osages, in 1839 ; and which was
ily in addition to similar benefits to the same
ibe, in previous treaties, and which were ex-
.jdcd to all the tribes which were in the hunt-
state. These benefits were, to these Osages,
blacksmith's shops, with four blacksmiths,
Ith five hundred pounds of iron and sixty
ds of steel annually ; a grist and a saw
{.with millers for the same ; 1,000 cows and
es; two thousand breeding swine; 1,000
lis; 1,000 sets of horse-gear ; 1,000 axes;
hoes ; a house each for ten chiefs, costing
hundred dollars apiece; to furnish these
^efs with six good wagons, sixteen carts,
ronty-cight yokes of oxen, with yokes and
■chain ; to pay t^ll claims for injuries com-
tted by the tribe on the white people, or on
lier Indians, to the amount of thirty thousand
lirs; to purchase their reserved lands at two
I per acre ; three thousand dollars to rc-
lurse that sum for so much deducted from
jnr annuity, in lb25, for property taken from
! whites, and since returned; and, finally,
thousand dollars more for an imputed
longful withholding of that amoimt, for the
reason, in the annuity payment of the
rl829. In previous treaties, had been given
1 grains, and seed vegetables, with fruit seeds
fruit trees ; domestic fowls ; laborers to
1 up their ground and to make their fences,
|nlse crops and to save them, and teach the
iins how to farm ; with spinning, weaving,
I Kwing implements, and persons to show
ruse. Now, all this was in one single trea-
l^ith an inconsiderable tribe, which had been
tely provided for in the same way in six dif-

ferent previous treaties ! And all the nule tribes
— th(..se in the hunting stato, or just emerginp
from it — wore providod for in the 8anu> manner,
the object of the United States U-inj; to train
them to Bprioilturc and pa^fiirnge — to condiirt
them from the huntinp: to the pastoral and agri-
cultural state ; and for that purpose, and in a<i-
dition to all other Ixjnefits, ore to be added the
support of schools, the cnconragcment of mis-
sionaries, and a small annual contribution to
religious societies who tnke charge of their civ-
ilization.

Besides all this, the government keeps up a
large establishment for the special care of the
Indians, ond the management of their affairs ; a
special bureau, presided over by a commissioner
at Washington City; superintendents in dilftT-
ent districts ; agents, sub-agents, and interpnt-
ers, resident with the tribe; and all charged
with seeing to their rights and interests — seeing
that the laws are observed towards them ; that
no injuries are done them by the whites ; that
none but licensed traders go among them ; that
nothing shall be bought from them which is ne-
cessary for their comfort, nor any thing sold to
them which may be to their detriment. Among
the prohibited articles are spirits of all kinds ;
and 80 severe are the penalties on this hcml, that
forfeiture of the license, forfeiture of the whole
cargo of goods, forfeiture of the penalty of the
bond, and immediate suit in the nearest federal
court for its recovery, expulsion from the Indian
country, and disability for ever to acquire another
license, immediately follow every breach of the
laws for the introduction of the smallest quan-
tity of any kind of spirits. How unfortunate,
then, in M. do Tocquevillo to write, that kegs
of brandy are spread before the Indians to in-
duce them to sell their lands ! How unfortunate
in representing these purchases to be made in
exchange for woollen garments, glass necklaces,
tinsel bracelets, ear-rings, and looking-glasses !
What a picture this assertion of his makes by
the side of the eighty-five millions of dollars at
that time actually paid to those Indians for their
lands, and the long and large list of agricultiiral
articles and implements— long and large list of
domestic animals and fowls— the ample supply
of mills and shops, with mechanics to work
them and teach their use — the provisions for
schools and missionaries, for building fences and
houses — which are found in the Osage treaty

694

THIRTY YEARS* VIEW.

quoted, and which ar? to be foun<l, more or less,
in every treaty with every tribe emerging from
tlic hunter state. The fact is, that the govern-
ment of the United States has made it a flxed
policy to cherish and protect the Indians, to im-
prove their condition, and turn them to the
haMts of civilized life ; and great is the wrong
and injury which the mistake of this writer has
done to our national character abroad, in repre-
senting the United States as cheating and rob-
bing those children of th« forest.

But Mons. de Tocqucville has quoted names
and documents, and particular instances of im-
position upon Indians, to justify his picture ; and
iu doing so has committed the mistakes into
which a stranger and sojourner may easily fall.
lie cites the report of Messrs. Clark and Cass,
and makes a wrong application — an inverted ap-
plication—of what they reported. They were
speaking of the practices of disorderly persons
iu trading with the Indians for their skins and
furs. They were reporting to the government
an abuse, for correction and punishment. They
were not speaking of United States commission-
ers, treating for the purchase of lands, but of
individual traders, violating the laws. They
were themselves those commissioners and super-
intendents of Indian afiairs, and governors of
Territories, one for the northwest, in Michigan,
the other for the far west, in Missouri ; and both
noted for their justice and humanity to the In-
dians, and for their long and careful adminis-
tration of their aflairs within their respective
supcrintendencics. Mons. de Tocqueville has
quoted their words corr'' jtly, but with the comi-
cal blunder of reversing their application, and
applying to the commissioners themselves, in
their land negotiations for the government, the
cheateries which they were denouncing to the
government, in the illicit trafiBc of lawless
traders. This was the comic blunder of a
stranger : yet this is to appear as American his-
tory in Europe, and to be translated into our
own language at home, and commended in a pre-
face and notes.

CHAPTER CLV.

RECI8ION 01 THE TKEASCBY CIKCrUn.

Immediately upon the opening of the SenJ
and the organization of the body, Mr. E^»
of Ohio, gave notice of his intentiun to move]
joint resolution to rescind the treasury circnl J
and on hearing the notice, Mr. Benton imulej
known that ho would oppose the resolution i
the second reading — a step seldom resorted tl
except when the measure to be so om
is deemed too flagrantly wrong to be entity
to the honor of rejection in the usuul forms (
legislation. The debate came on promptly, •
upon the lead of the mover of the resolution!
a prepared and well-considered speech, in wh
he said :

" This extraordinary paper was issued bv tH
Secretary of the Treasury on the llth of Jul
last, in the form of ri en ' ^o the receivers!
public money in the st • ; nd offices in t|
United States, directis. ' !■ , after the I5thl
August then next, to rtceive in payment I
public lands nothing but gold and silver aj
certificates of deposits, signed by the Treasurj
of the United States, with a saving in favor |
actual eettlers, and bona fide residents in i
State in which the land happened to lie. TH
saving was for a limited time, and expires!
think, to-morrow. The professed object of tlf
order was to check the speculations in pnbl
lands ; to check excessive issues of banic pan
in the West, and to increase the specie cumil
of the country ; and the necessity of the mJ
sure was supported, or pretended to be suppol
ed, by the opinions of members of this bodyi
the other branch of Congress. But, before I pa
ceed to examine in detail this paper, its cliaii
ter, and its consequences, I will briefly adva
to the state of things out of which it g."eff. 1
am confident, and I believe I can make the thij
manifest, that the avowed objects were nott
only, nor even the leading objects for which ti
order was framed ; they may have influenced!
minds of some who advised it, but those '
planned, and those who at last virtually eJ
cutcd it, were governed by other and diffei^
motives, which I shall proceed to explain.
was foreseen, prior to the commencement of l|
last session of Congress, that there would 1
very large surplus of money in the public t
sur^ beyond the wants of the country for]
their reasonable expenditures. It was alson
understood that the land bill, or some otil
measure for the distribution of this fund. woJ
be again presented to Congress; and, if the ti

ANNO 1836. ANDREW .'ACKSON', PRF.-^IDnXT.

\PTEIl CLV.

b THE TKEAsrnT ciRcrun.

ipon the opening of the S*iuJ
zation of the body, Mr. Ewiij
lotice of his intention to more]
I to rescind the treasury cirniliJ
; the notice, Mr. Benton maile j
5 would oppose the resolution (
ling — a step seldom resorted i
the measure to be so op]
» flagrantly wrong to be emitl(|
of rejection in the usui.l forms (
ho debate came on promptly, i
of the mover of the resolution, I
1 well-considered speech, in wh

lordinary paper was issued by t
the Treasury on the 11th of Ji
rm of ri o? • ' .' ^o the rcceircrs
in the si • '^ '•- nd offices in t
1 directii. " •' , after the 15th
'next, to receive in payment .
nothing but gold and silver ai
deposits, signed by the Treasu
1 States, with a saving in favor
■8 and bona fide residents in
ih'the land happened to lie. T
or a limited time, and expire^,!
TOW. The professed object of tl
check the speculations in put
;ck excessive issues of bank pai
and to increase the specie currenl
ry ; and the necessity of the me
ported, or pretended to be suppoi
(inions of members of this body i
.nch of Congress. But, before 1 pi
line in detail this paper, its char
consequences, I will briefly advi
of things out of which it f,rew.
and I believe I can make thethi:
't the avowed objects were nott
■n the leading objects for which tl
imed ; they may have influenced
me who advised it, but those \
those who at last virtually e
■e governed by other and diffei
ich I shall proceed to explain.
I prior to the commencement of
of Congress, that there would 1
urplus of money in the public t
the wants of the country for
ible expenditures. It was also\
that the land bill, or some otl
the distribution of this fund woi
isented to Congress; and, if the ti

I ,];,ion of the public sentiment were Scnown
I I undcftood, that its distribution, in some
Lj, or other, would be demanded by the coun-
„ On the other hand, it seems to have Ixen
nfnnincd by the party, and some of tho.sc who
,ith it thoroughly, that the money should
,in where it was in the deposit banks, so
t it could bo wielded at pleasure by the cxc-
,,ive. This order grew out of the contest to
i(h 1 have referred. It was issued not by
idvice of Congress or under the sanction of
IT law. It was delayed until Congress was
Iv out of the citjr, and all possibility of inter-
>ncc by legislation was removed ; and then
,e forth this new and last expedient. It was
ifn that these funds, received for public
__ bad become a chief source of revenue, nnd
MV have occurred to some that the passage
I treasury order of this kind would have a
lency to embarrass the country ; and as the
for the regulation of the deposits had just
the public might be brought to believe
it all the mischief occasioned by the order
the effect of the distribution bill. It has,
id, happened, that this scheme has failed ;
public understand it rightly, but that was
by any means certain at the time the mea-
) wa.s devised. It was not then foreseen that
people would as generally ecu through the
itrivance as it has since been found that they
There may have been various other motives
:h led to the measure. Many minds were
ibly to be consulted ; for it is not to be pre-
led that a step like this was taken without
iultation, and guided by the will of a single
lividual alone. That is not the way in which
things are done. No doubt one effect
for by some was, that a check would be
to the sales of the public lands. The ope-
m of the order would naturally be, to raise
price of land by raising the price of the cur-
ly in which it was to ic paid for. But, while
would be the effect on small buyers, those
purchased on a large scale would be cna-
to sell at an advance of ten or fifteen per
over what would have been gi-ven if the
ited States lands bad been open to purchasers
Ithe ordinary way. Those who had borrowed
ly of the deposit banks and paid it out for
is, would thus be enabled to make sales to
itage ; and by means of such sales make
ent tc the banks who found it necessary
ill in their large loans, in order to meet the
isions of the deposit bill. The order, ttere-
was likely to operate to the common benefit
te deposit banks and the great land dealers,
le it counteracted the effect of the obnoxious
it bill. There may have been yet another
TC actuating some of those who devised this
T. There was danger that the deposit banks,
1 called upon to refund the public treasure.
Id be unable to do it : indeed, it was sain
8 floor that the immediaio effect of tlit
ibntion bill would be to break those banks.
this treasury order would operate to col-

lect the Rpfrie of the country into the land of-
fices, whence it wouM imntcdiatcly p<> into thi,-
deposit ba'.ik!*, and would prove nti acoi-ptahie
aid to them while making the transfers n'(|uire<l
by law. These socm to me to have Iktu among
the real motives which led to the adoption of
that order."

Jlr. Ewing then argued at length against the
legality of the treasury circular, quoting tlio
joint resolution of 181G, and insisting that its
provisions had been violated ; also insisting on
the largeness of the surplu.s, and that it had
turned out to bo much larger than was admitted
by the friends of the administration ; which
latter assertion was in fact true, bccau.<!e tlio
appropriations for the public senice (the bills
for which ;>- re in the hands of the opposition
members) li..i been kert off till the middle of
the summer, and could not be used ; and so left
some fifteen millions in the trca.sury of appro-
priated money which fell under the terms of tho
deposit act, and became divisil'n as surplus.

Mr. Benton replied to Mr. i ng, saying :

" In the first of these obje the present
movement is twin brother to th' mous reso-
lution of 1833, but without its i aildncss ; for
that resolution declared its object upon its face,
™ hile this one eschews specification, and insi<ii-
ously seeks a judgment of condemnation by in-
ference and argument. In the second of t!ie.«o
objects every body will recognize the great de-
sign of the second branch of the same famous
resolut'on of 1833, which, in the restoration of
the deposits to the Bank of the United States,
clearly went to the establishment of the paper
system, and its supremacy over the federal gov-
ernment. The present movement, therefore, is
a second edition of the old one, but a lame and
impotent affair compared to that. Then, we had
a magnificent panic ; now, nothing but a misera-
ble starveling! For though the letter of tho
president of the Bank of the United States an-
nounced, early in November, that the meeting
of Congress was the time for the new distress
to become intense, yet wo are two weeks deep
in the session, and no uijtress memorial, no dis-
tress deputation, no distress committees, to this
hour ! Nothing, in fact, in that line, but the
distress speech of the gentleman from Ohio [Mr.
Ewing] ; so that the new panic of 183G has all
the signs of being a lean and slender affair— a
mere church-mouse concern — a sort of dwarf-
ish, impish imitation of the gigantic spectre which
stalked through the land in 1833."

Mr. Benton then showed that this subaltern
and Lilliputian panic was brought upon the stage
in the same way, and by the same managers, with
its gigantic brother of 1833-'34 ; and quoted from

•96

THIRTY YEARS' VIEW.

a pnlilisiicd letter of Mr. Biddlo in November
preccdinp, and a public spesch of Mr. Clay in
the month of September prcccdin^^, in which
they gave out the programme for the institution
of the little panic ; and the proceeding against
the President for violating the laws ; and against
the treasury order itself as the cause of the new
distress. Mr. Biddle in his publication said:
" Our pecuniary condition seems to be a strange
anomaly. When Congress ac^ourned, it left
the country with abundant crops, and high
prices for them — with every branch of industry
flourishing, and w^ith more specie than we ever
had before — with all the elements of universal
prosperity. None of these have undergone the
slightest change ; yet, after a few months, Con-
gress will rc-asserable, and find the whole coun-
try suffering intense pecuniary distress. The
occasion of this, and the remedy for it, will oc-
cupy our thoughts. In my judgment, the main
cause of it is the mismanagement of the reve-
nue — mismanagement in two respects : the mode
of executing the distribution law, and the order
requiring spc^'y for the paymt \t of the public
lands — an act which seems to me u most wan-
ton abuse of power, '\f not a flagrant usurpation.
The remedy follows the causes of the evils. The
first measure of relief, therefore, should be the
instant repeal qf the treasury order requiring
specie for lands ; the second, the adoption of a
proper system to execute the distribution law.
These measures would restore confidence in
twentj'-four houra, and repose in at least as
many days. If the treasury will not adopt them
voluntarily. Congress should immediately com-
mand it." This was the recommendation, or
mandate, of the president of the Bank of the
United States, still acting oa a part of the nar
tional legislative power even in its ne';v trans-
formation, and keeping an eye upon that dis-
tribution which Congress passed as a deposit,
which he bad recommended as raising the price
of the State stocks held by the bank; and the
delay in the delivery of which he considers ap
( no of the causes which bad brought on the new
distress. Mr. Clay in his Lexington speech had
taken the same grounds ; and speaking of the
continued tampering with the currency by the
administration, went on to say:

"One rash, lawless, and crude experiment
succeeds another. He considered the late trea-
■luy order, by which all payments for public lauds

wore to be in specie, with one oxfrption f,
j short duration, a most ill-advised, illejrji '
I |)crniciou8 measure. In principle it wm vrrn
I in practice it will favor the very RiieculaJ,
which it professes to endeavor to B^hr)^
I The officer who issued it, as if ponscious r,f
' obnoxious character, shelters himself b('hin(l
! name of the President. But the President v
Secretary had no right to pronmlgatc anv %r,
order, ^he law admits of no sucii discrimii
tion. If the resolution of the 30th of Api
1816, continued in operation (and the lulmin
tration on the occasion of the removal of the
posits, and or. the present occasion, relics u
it as in full for.ce), it gave the Secretary no sin
discretion as he has exercised. That msolutii
required and directed the Secretary of i|
Treasury to dopt such measures as he mi?!
deem necessi ry, ' to cause, as soon as niav I
all duties, t».xc j, debts, or sums of monev. i
cruing or becoming payable to the United Stati
to be collected and paid in the legal currcncr
the United States, or treasury notes, or noi
of the Bank of the United States, as byiawni
vided and declared, or in notes of banks whii
are payable and paid on demand, in said
currency of the United States.' This resolut
was restrictive and prohibitory upon th
tary only as to the notes of banks not rcdcei
able in specie on demand. As to all such noti
he was forbidden to receive them from and aft
the 20th of February, 1817. As to thenoi
of banks which were payable and paid on
mand in specie, the resolutiou was not mei
permissive, it was compulsory and mandatoi
He was bound, and is yet bound, to red
them, until Congress interfere."

Mr. Benton replied to the arguments of ]
Ewing, the letter of Mr. Biddle, and the i
of Mr. Clay ; and considered them all as ideal
cal, and properly answereu in the lump, withoa
special reference to the co-operating assoilanl
On the point of the alleged illegality of tl
treasury order, he produced the Joint RcsoM
tion of 1816 under which it was done ; andtla
said:

" This is the law, and nothing can be pla
than the right of selection which it gives I
the Seci«tiry of the Treasury. Four difel
ent media are mentioned in which the reveaf
may be collected, and tie Secretary is
the actor, the agent, and the power, by \fiii
the collection Is to be effected. He is {
do it in one, or in another. He may chw
several, or all, or two, or one. All arc j
the disjunctive. No two are joined togetlK
but all are disjoined, and presented tohlmij
dividually and separately. It is clearly (
right of the Secretary to order the collectioj
to bo made in either of the four media mentiol
ed. That the resolution id not maDdatorjl

ANNO 1836. ANbAEW JACKSON, rUESlDKNT.

697

Bpccie, ^ith one cxrcption. ff f I
n, a most ill-advised, illejal, ti
[isure. In principlf it wm wrnn,
will favor the very Bfiecubtifl
fusses to endeavor to suppr,^
io issued it, as if conccions ,,f ;
racter, shelters himself bchinil t]
'resident. But the President i
I no right to pronmlpate any sii^
aw B<lmit8 of no such discrimiii
resolutioii of the 30th of Api
fd in operation (and the ndmiii(
« occasion of the removal of the li
. the present occasion, relies up
>T.ce), it gave the Secretary no sua
he has exercised. That rogolutJ
directed the Secretary of til
dopt such measures ns he migi
rv, ' to cause, as soon as may \
,xcj, debts, or sums of money, i
jming payable to the United Sutt
id and paid in the legal currency j
States, or treasury notes, or noij
of the United States, as by law p
jlared, or in notes of banks wlil
and paid on demand, in said loj
he United States.' This resolutij
ve and prohibitory upon thi
to the notes of banks not red«
B on demand. As to all such noU
Jden to receive them from and aft
February, 1817. As to the nol
ich were payable and paid on i
jie, the resolution was not men
t was compulsory and mandatoij
iind, and is yet bound, to
Congress interfere."

m replied to the arguments of J|
etter of Mr. Biddle, and the spe«
; and considered them all as ideti
)erly answereu in the lump, will
ence to the co-operating assalMJ
it of the alleged illegality of t
er, he produced the Joint Rcsolj
under which it was done ; andtl

the law, and nothing can be pi
rht of selection which it gives I
ry of the Trcasurv. Four diffJ
TO mentioned in which the revenf
lected, and tie Secretary is w
10 agent, and the power, by n
on is to be effected. He is
le, or in another. He may chw

all, or two, or one. All are 1
Live. No two are joined togethi
disjoined, and presented to hmj
ind separately. It is clearly fl

Secretary to order the coUectio^
in either of the four media mentiol
he resolution ia not mandatorjj

lij^ff any one of the four, ia obvious from the
Igtawr in which the notes of the Bank of the
fu-iei States are mentioned. They were to be
Ijrtivcd as then provided for by law ; for the
l^k charter had then just passed ; and the 14th
lurtion had provided for the reception of the
l»tM of this institution until Congress, by law,
iLuld direct otherwi>«. The right of the in-
Kiution to deli v./ its notes in payment of the
liffcnuc, was anterior to this resolution, and al-
■nvs held under that 14th section, never under
Id^ joint resolution, and when that section was
H«ait.d at the last session of this CongresG, that
M nas admitted to bo gone, and has never
Kn claimed since. The words of the law are
>tr; the practice under it has been uniform
jl uninterrupted from the date of its passage
jjthe present day. For twenty years, and un-
ir three Presidents, all the Secretaries of the
Lajury have acted alike. Each has made sc-
wions, permitting the notes of some specie-
Wing banks to be reccivcdj and forbidding
iers. Mr. Crawford did it m numerous in-
jces ; and fierce and universal as were the
[lacks upon that eminent patriot, during the
<sidcntial canvass of 1824, no human being
rer thought of charging him with illegality in
i respect. Mr. Rush twice made similar se-
lions, during the administration of Mr. Adams,
J no one, either in the same cabinet with him,
[rout of the cabinet against him, ever coraplain-
1 of it. For twenty years the practice has
ecn miiform ; and every citizen of the West
ig^rsthat that practice was the general, though
tt universal, exclusion of the Western specie-
Ling bank paper from the Western land offices.
p every man in the West knows, and knows
lit that general exclusion continued down to
t day that the Bank of the United States ceas-
|to be the depository of the public moneys.
|ras that event which opened the door to the
leivability of State bank paper which has
e been enjoyed."

[Having vindicated the treasury order from
t charge of illegality, Mr. Benton took up the
i of the new distress, anu ^aid:

'The news of all this approaching calamity
^ given out in advance in the Kentucky
tech and the Philadelphia letter, already re-
ted to ; and the fact of its positive advent
1 actual presence was Touched by the senator

a Ohio [Mr. Ewing] on the last day that the
lite was in session. I do not permit myself
^d Mr. ^ ) to bandy contradictory assevera-

3 and uebatable assertions across this floor.
boose rather to make an issue, and to test
jemon by the application of evidence. In this
/ 1 will proceed at present. I will take the
ter of the presiu^nt of the Bank of tha United
|te° as twing o£9cial in this case, and most au-

ntative in the distress department of thiscom-

i movement against President Jackson. He
fcounces, in November, the forthcoming of the

national calamity in Derrmbor ; nnd aftoi chars-
ing part of this niin an<l miwhii-f on the mo.lo
cf executing what ho 'idirntatiously styles the
distribution law, when thiTc is noVuch law in
the country, lie goes on to charge the rt inaindor,
being ten-fold mort- than ttic fomicr ii-hiii the
Treasury order which excliuk's iinisr nmniy
from the land ofHccs."

Mr. Benton then read Mr. Riddle's description
of the new distress, which, in his publication
was awful and appalling, but wliiih, ho said, was
nowhere visible except in the localities where
the bank had power to make it. It was u pic-
ture of woe and ruin, but not without hope and
remedy if Congress followed his directions ; in
the mean time he thus instructed the country
how to behave, and promised his co-operation —
that of the bank — in the overthrow of President
Jackson, and his successor, Mr. Van Burcn (for
that is what he meant in tiii.s passage) :

" In the mean time, all forbearance and calm-
ness should be maintained. There is great rea-
son for anxiety — none whatever for alarm ; and
with mutual confidcnco and courage, the coun-
try may yet be able to defend itself against the
government. In that struggle mj' own poor
efforts shall not be wantini*. I go for the coun-
try, whoever rules it. I go for the country,
best loved when worst governed — and it will
afford me far more gratification to assist in re-
pairing wrongs, than to triumph over thoso who
inflict them,"

This pledge of aid in a struggle with the gov-
ernment was a key to unlock the meaning of the
movements then going on to produce the general
suspension of specie payments in all the banks
which saluted the administration of Mr. Van
■Ruren in the first quarter of its existence, and
was intended to produce it in its first month.
Considering specie payments as the only safety
of the country, and foreseeing the general bank
explosions, chiefly contrived by the Bank of the
United States, which was to re-appear in the
ruin, and claim its re-establishment as the only
remedy for the evils which itself and its confed-
erates created, Mr. Benton said :

" There is no safety for the federal revenues
but in the total exclusion of local paper, and
that from every branch of the revenue — customs,
lands, and post office. There is no "afety for
the national finances but in the constitutional
medium of gold and silver. After forty years
of wandering in the wilderness of paper money,
we have approached the confines of the consti-
tutional mediunL Seventy-five millions of specie
iu the country, with the prospect of annual in*

698

THIRTY YEARS' VIEW.

croMc of ten or twelve millionn for the next four
years ; three branch mints to commcnco next
spring, and the complete restoration of the gold
rurri'ney; announce the succt'ss of President
Jackson's jjioat measures for the reform of the
curreii-'v and vindicate the constitution from the
liln.'! uf having prescribed an impracticable cur-
rency, 'i ho success is complete ; ond there is
no way to thwart it, but to jnit down the treas-
ury onler, and to re-open the public lands to the
inundation of paper money. Of this, it is not
to be dissembled, tVcro ifc groat danger. Four
deeply interested classes ore at work to do it —
speculators, local banks. United States Bank,
and politicians out of power. They may succeed,
but he (Mr. B.) would not despair. The dark-
est hour of night is just before the break of day ;
and, through the gloom ahead, he saw the bright
vision of the constitutional currency erect, ra-
diant, and Tictorious. Through regulation, or
cxplosiion, success must eventually come. If re-
form mcxsurcs go on, gold and silver will be
gradually and temperately restored ; if reform
measures are stopped, then the paper system
runs riot, and explodes from its own expansion.
Then the Bank of the United States will exult
in the catastrophe, and claim its own re-cstab-
lishmcnt. as the only adequate regulator of the
local banks. Then it will be said the specie ex-
periment has failed ! But no ; the contrary will
be known, that the specie experiment has not
failed, but it was put down by the voico and
power of the intorestec' classes, and must be put
up again by the voice and power of the disinter-
ested community."

This was uttered in December 1830: in April
1837 it was history.

Mr. Crittenden, of Kentucky, replied to Mr.
Benton ; and said :

'' The senator from Missouri had exhibited a
table, the results of which ho had pressed with
a very triumphant air. Was it extraordinary
tlmt the deposit banks should be strengthened?
The ett'ect of the order went directly to sustain
them. But it was at the expense of all the
other banks of the country. Under this order,
all the specie was collected and carried into their
vaults : an operation which went to disturb and
embarrass the general circulation of the country,
and to produce that pecuniary diflBculty which
was felt in all quarters of the Union. Mr. C.
did not profess to be competent to judge how
far the whole of this distress was attributable
to the operation of the treasury order, but of
this at least he was very sure, through a great
part of the Western country, it was universally
attributed to that cause. The senator from
Missouri supposed that the order had produced
no part of this pressure. If not, he would ask
what it bad produced ? Had it increased the
specie in the country ? Had it increased the
specie in actual and general circulation ? If it
bod done uo cvil^ what good had it done ? This,

he believed was as yet undi«coveroil. So (jr t
it hod operated at all, it bad be<?n to dcnn
the state of the currency, and to give it a din
tion inverse to tlio course of bui^incss. fJ
honorable senator, however, could not we lioi
moving money across a street could operate l
affect the currency ; and seemed to .supi)o>c tij
moving money from west to east, or from n
to west, would have as little effect, Mofk'I
however, if left to itself, would always mov...
cording to the ordinary course of business tnu
actions. This course might indeed be dietiirlj^
for a time, but it would be like forcing the nci
away from the pole : you migt ., turn it nni
and round as often as you pleased, but, left |
itself) it would still settle at the north, od
great commci 'al cities were the natural rcpoj
tories where money centred and settled. ThJ
it was wanted, and it was more valuable if 1
there than if carried into the interior. Anvii
telligcnt business man in the West would rath(
have monov paid him for a debt in New-Yoi
than at his own door. It was worth morej
him, If, then, specie was forced, by trcasm
tactics, to take a direction contrary to the Mti
ral course of business, and to move from cast]
west, the operation would be bencficaal 'o not]
injurious to all. It was not in the power of g
emment to keep it in a false direction or juJ
tion. Specie was in exile whenever it was forcj
out of that place where business called for]
Such an operation did no real good. It wasi
forced movement and was soon overcomo byt!
natural course of things.

" Mr. C. was well aware that men might |
deluded and mystified on this subject, aud t
while the delusion lasted, this treasury orj
might bo held up before the eyes of men is\
splendid arrangement in finance ; but it
only like the natural rainbow, which owed i
very existence to the mist in which it bad i
being. The moment the atmosphere was clei
its bright colors vanished from the view. S>
would be with this matter. The specie (f ;
country must resume its natural course. Ml
might as well escape from the physical ncasj
ties of their nature, as from the laws which i
crned the movements of finance : and the inj
who professed to reverse or dispense with t
one was no greater quack than he who i
the same professions with regard to tlie otheij

'• But it was said to be the distribute
which had done all the mischief; and Mr.]
was ready to admit that the manner in wlii
thm government had attempted to cany I'
law into effect might in part have furnished tl
basis for such a supposition. He had no iIjii
that the pecuniar}- evils of the country had t
aggravated by the manner in which this 1
Iwen done."

Mr. Webster also replied to Mr. Benton, in I
elaborate speech, in which, before arguiujl
legal question, he aaid :

ANNO 183fl. ANDREW JACKSON. I'RF.sIDKNT.

6D?

R as yet unfl'mcovcrwl. So fir i
id at all, it bad bei-n to dcrw
> currency, ami to Rive it a djf,
[) the conino of bui*iTic«<i. fij
ktor, however, could not we hr^
across a street could oporate i
incy ; and Bccmed to suppose tlj
from west to east, or from («
J have as little effect Motif)
k to itself, would always mow*
ordinary course of buHincss tranii
course might indeed be disturU
it would be like forcing the nc^i
I pole : you migl i, turn it rou^
often as you pleased, but, kft i
d still settle at the north, od
'•x\ cities were the natural repoJ
loncy centred and settled. ThJ
, and it was more valuable if I
»rricd into the interior. Anyii
less man in the West would ratb,
aid him for a debt in New-Yo]
iwn door. It was worth moref
I, specie was forced, by trcasuL
3 a direction contrary to the lutl
business, and to move from east!
ration would bo beneficial 'o noij
1. It was not in the power of g
;ep it in a false direction or m
was in exile whenever it was forcj
lace where business called for i
ition did no real good. It was]
ent and was soon overcomo by t
i of things.

>a well aware that men might I
mystified on this subject, aud lU
lusion lasted, this treasury ordl
d up before the eyes of men asl
.ngement in finance ; but it w
natural rainbow, which owed i

to the mist in which it had i
noment the atmosphere was cla
3r8 vanished from the view. Si'
h this matter. The specie (f ;

; resume its natural course. Jli
. escape from the physical necesj
lature, as from the laws which j
vements of finance : and the i
i to reverse or dispense witl> 1
greater quack than he who m
fessions with regard to the otheij
IS said to be the distribuac.. U
lone all the mischief; and iMr.j
admit that the manner in whi
lent had attempted to cany
:t might in part have furnished i

1 a supposition. He had no doi
miarj- evils of the country had k
)y the manner in which tliis 1

»r also replied to Mr. Benton, b I
sech, in which, before arguing!
a, ho aaid :

•Thchf'W'™'*''' member from Mixsouri (Mr.
•ton) objects even to giving the resolution to
^nd a second reading. lie avails himself of
jrifht, though it be not acconling to general
iftice, to arrest the progress of the measure
, m tint stage. This, nt least, is open, bold,
1 manly warfare. The honorable mcml)cr, in
1 elaborate speech, founds his opposition to
L resolution, and his support of the treasury
^if, on those general principles respecting
»ncy which he is known to entertain, and
j(h ho has maintained for many years. His
Anions some of us regard as altogether ultra
J impracticable ; looking to a state of things
{desirable in itself, even if it were prnctica-
.; and, if it were 'Jcsirable, as being far be-
ad the power of this government to bring

.lOt

■The honorable member has manifested much

itverance and abundant labor, most undoubt-

ir. in support of his opinions ; he is under-

, also, to have had countenance from high

^xs; and what new hopes of success the pre-

pi moment holds out to him, I am not able to

Ldge, but we shall probably soon sec. It is pre>

itlyon these general and long-known opinions

it'he rests his support of the treasury order.

[questior, therefore, is at once raised between

l gentleman's principles and opinions on the

tiject of the c" y, and the principles and

nions which ha . ^ generally prevailed in the

utry, and which are, and have been, entirely

mite to his. That question is now abort to

I'put to the vote of the Senate. In the pro-

tes and by the termination of this discussion,

I (hall learn whether the gentleman's senti-

sts are or are not to prevail, so far, at least,

I the Senate is concerned. The country will

joicc, I am sure, to see some declaration of the

lions of Congress on a subject about which

|inuch has been said, and which is so well cal-

lited, by its perpetual agitation, to disquiet

d disturb the confidence of society.

MVe arc now fast approaching the day when

! administration goes out of o£Sce, and an-

ler is to come in. The country has an inte-

tin learning, as soon as possible, whether the

r administration, while it receives the power

i patronage, is to inherit, also, the topics and

k projects of the past; whether it is to keep

[the avowal of the same objects and the same

lemes, especially in regard to the currency.

f order of the Secretary is prospective, an 1,

I the faee of it, perpetual. Nothing in or

at it gives it the least appearance of a tem-

mcasure. On the contrary, its terms

^ly no limitation in point of duration^ and the

dual manner in which it is to come mto ope-

bon shows plainly an intention of making it

} settled and permanent policy of government.

leed. it is but now beginning its complete ex-

pe. It is only five or six days since its full

(ration has commenced. Is it to stand as the

] of the land and the rule of the treasury,

per the administration which is to ensue 7

An<l are those notions of an rxrliisivo sprri*
currcncjr, and opposition to all Imnkn, im wliirh
it is dcfondiNJ, to lie espousi-d and niniiitaincd liy
the new aduiinidtration, aa they have Ui n by its
pre<lcceHsor 7 These are nuoftions. not of liure
curiosiity, but of the hi>;hist interest tn the
whole country. In considering this ordir. tli«
first thing naturally is. to liKtk for the causeti
which led to it, or arc assigne«l for its l)rll^llll^;a-
tion. And these, on tbe face of the order itself.
arc declared to bo 'complaints wliicli linve lieeii
made of frauds, speculations, an<l monopolies, in
the purchase of the public latids, and the aid
which is said to be given to clli;ct these objiTts,
by excessive bonk cre<lit8, and dan^'erous. if mu
partial, facilities through bank drafts and bank
deposits, and vho general evil influence likely to
result to the public interest, and especially the
safety of the great amount of money in the trca
sury, and the sound condition of the ciirren(;y
of the cotn, ',ry, from the further cvchango cf ilio
national domain in this manner, and chiefly for
bank i 2dits and paper money.'

" This is the catalogue of evils to lie aired by
this order. In what these frauds consist, what
are tho monopolies complained of, or what is
precisely intended by these injurious specula-
tions, we are not informed. All is left on the
general surmiso of fraud, speculation, and mono-
poly. It is not avowed or intimated that the
government has sustained any loss, cither by
the receipt of the bank notes which proved not
to be ec^uivalent to specie, or in any other way.
And it 18 not a little remarkable that these evils,
of fraud, speculation, and monopoly, should have
br ne so enormous and so notorious, on the
1 of July, as to require this executive inter-
ference for their suppression, and yet that they
should not ha^e reached such a height as to
make it proper to lay tho subject before Con-
gress, although Congress remained in session
until within seven dajrs of the date of the order.
And what makes this circumstance still moro
remarkable, is the fact that, in his annual mes-
sage, at the commencemei't of the same session,
the President had spoken of the rapid sales of
the public lands as one of tho most gratifying
proofs of the general prosperity of the country,
without suggesting that any daiigi r whatever
was to be apprehended from fraud, speculation,
or monopoly. His words were: 'Among tiio
evidences of the increasing prosperity of tho
country, not the least gratifying, is that aflorded
by the receipts from the sales of the public
lands, which amount, in tho present year, to tho
unexpected sum of eleven millions.' From tho
time of the delivery of that message, down to
the date of the treasury order, there had not
been the least change, so far as I know, or so
far as we are informed, in the manner of receiv-
ing payment for the public lands. Every thing
stood, on the 11th of July, 183G. as it had stood
at the opening of the session, in December, 1835.
How so diflerent a view of things happened to
be taken at the two pcr'ods. we way be able to

700

THIRTY VEAUS* VIEW,

loam, perhnps, in the fiirtlior progrcBS of this
deliati*.

"The onlcr uponks of the 'evil influence'
lilicly to rcoiilt from the further exchan^ of the
jnibiic Innfls into ' paper money.' Now, thin is
the very lanpnnpc of the i^ntleman from Mis-
Fouri. He habitually Rpcakfl of the notes of all
hanks, however Bolvent, and however promptly
their notes may bo redeemed in gold and silver.
ns ' paper money.' The Secretary has adopteo
the nonorable membtr's phrases, and he speaks,
too, of all the bank noter, received at the land
offices, although every one of them is redeem-
able in specie, on demand, but as bo much ' paper
money.' In this respect, also, sir, I hope we
may know more as we grow older, and be able
to learn whether, in times to come, as in times
recently passed, the justly obnoxious and odious
character of 'paper money' is to be applied to
the issu"<) of all the banks in all the States,
with whatever punctuality they redeem their
bills. This is quite new, as financial language.
By paper money, in its obnoxious sense, I under-
stand paper issues on credit alone, without capi-
tal, without funds assijrned for its payment, rest-
ing only on the good faith and the future ability
of those who issue it. Such was the paper mo-
ney of our revolutionary times ; and such, per-
haps, may have been the true character of the
paper of particular institutions since. But the
notes of banks of competent capitals, limited in
amount to a due proportion to such capitals,
made payable on demand in gold and silver, and
always so paid on demand, are paper money in
no sense but one ; that is to say, tney are made
of paper, and they circulate as money. And it
may be proper enough for those who maintain
that nothing should so circulate but gold and
silver, to denominate such bank notes 'paper mo-
ney,' since they regard them but as paper intrud-'
ers into channels which should flow only with
gold and silver. If this language of the order
is authentic, and is to be so hereafter, and all
bank notes are to be regarded and stigmatized
as mere ' paper money,' the sooner the country
knows it the better,

"The member from Missouri charges those
who wish to rescind the treasury order with
two objects : first, to degrade and disgrace the
President ; and, next, to overthrow the consti-
tutional currency of the country. For my own
part, sir, I denounce nobody ; I seek to degrade
or disgrace nobody. Holding the order illegal
and unwise, I shall certainly vote to rescind it ;
and, in the discharge of this duty, I hop I am
not expected to shrink back, lest I might do
something which might call in question the wis-
dom of the Secretary, or even of the President,
And I hope that so much of indcpndence as
may be manifested by free discussion and an
honest vote is not to cause denunciation fVom
»ny quarter. If it should, let it come,"

It became a very extended debate, in which

Mr. Nilcs, Mr. Rives, Mr. Hubbard, Mr. Soijt]
ard, Mr. Strange of N. C, Mr. Clay, Mr. W»lk
of Miss,, and others partook. The subject hx]
been referred to the committee of public ^
of which Mr. "Walker was chairman, rrixrte.ll
bill, " limiting and designating the fiimis rw^i
able for the revenues of the United States • '
object of which was to rescind the trca.siin-(
cular without naming it, and to continue i
receipt of bank notes in payment of nil i\^^\
the government. Soon after the bill vns i
ported, and bad received its second readinJ
motion was made in the Senate to lay the 3
pending subject (public lands) on the tablcj
the purpose of considering the bill roported I
Mr. Walker to limit and designate tlic fugj
reociv.sble in public dues. Mr. Benton was t
by surprise by this motion, which was in
diately agreed to, and the bill ordered to be i
grossed for a third reading the next da-
that third reading Mr. Benton looked for |
opportunity to speak ; and availed himself ol|
commencing his speech with giving the i
why he did not speak the evening before vlJ
the question was on the engrogsmcnt of (
bill. He said he could not have fore.seen t
the subject depending before the Senate, the ^
for limiting the sales of the public lands to |
tual settlers, would be laid dowii forthepurpi
of taking up this subject out of its order ; i
therefore, had not brought with him someii
orandums which h.e intended to use when I
subject came up. He did not choose to ask I
delay, because his habit was to speak tosubjd
when they were called ; and in this parti
cause he did not think it material when he .«pol
for he was very well aware that his spcal
would not affect the fate of the bill. It toJ
pass ; and that was known to all in the chamij
It was known to the senator from Ohio (1
Ewing) who indulged himself in saying!
thought otherwise a few days ogo ; but I
was only a good-natured way cf stimulating I
fi-iends, and bringing them vp to the smi
The bill would pass, and thrt by a good tJ
for it would have the vote of the opposition, j
a division of the administrt tion vote,
then, did he speak 1 Becaust it was due to|
position, and ^he part he had acted on the o
rency questions, t«> express his sentimt-nts
fully on this bill, so vital to the general cm
<y, than could be done by a mere negatiTeT

ANNO 1836. ANDREW JACKSON, I'Uti^IItENT.

701

•. Riven, Mr. Hubbard, Mr. <!(,nt]
IRC of N. C, Mr. Clay, Mr. Walk
)thcr8 partook. The sulject h»T|
to the committco of puWic ]
Walker wa8 chairman, rfpcrtei
T and designating the funiU nH»|
evcniies of the United States ;''
ch was to rescind the trca.siir}(
t naming it, and to continue
nk notes in payment of rU due,]
Bnt. Soon after the bill wis.
bad received its second reading
nade In the Senate to lay the i
ect (public lands) on the table |
jf considering the bill reported 1
to limit and designate the fuij
public dues. Mr. Benton was t
by this motion, which was in
d to, and the bill ordered to bei
I third reading the next da--
cading Mr. Benton looked for I
to speak 5 and availed himself ofl
his speech with giving the
not speak the evening before wJ
a was on the engrossment of {
,id he could not have foreseen!
lepending before the Senate, the i
the sales of the public lands to i
, would be laid dowii for the purpj
> this subject out of its order ; i
ad not brought with him somei
rhich ho intended to use when t
e up. He did not choose to ask I
ISO his habit was to speak to subjtj
were called ; and in this par
not think it material when he spol
very well aware that his Bpcakf
ififect the fate of the bill. It m
hat was known to all in the chamd
tm to the senator from Ohio (I
iio indulged himself in saying]
herwise a few days ago ; but I
good-natured way of stimulating!
I bringing them vp to the smll
ould pass, and thtt by a good tJ
i have the vote of the oppositioy
of the administrstion vote.
e speak ? Becaust it was due toj
1(1 +he part he had acted on thee
tions, to express his sentiment: aS
is bill, 60 vital to the general ca
»uld be done by a mere negatireT

ihould, tlkcrcfure, s|ic«k against it, and

aU dia<ct his attention to the bill reported

the Public L<and Committee, which had so

^Ir changed the character of the procoiding

I ihis subject The rvcision of the treasury

j^r was introduced a resolution— it went out

[solution — but it cume back a bill, and a bill

(rtgulafo, not the land office i-eceipts only, but

I the receipts of the federal government ; and

J this new form is to become statutti law, and

Lir to operate on all the revenues, and to rc-

J ill other laws upon the subject to which it

tied. In this new form it assumes an im-

0, and ocquii-cs an ciTect, inflnitely be-
1 a resolution, and becomes in fact, as well
I m name, a totally new measure. Mr. B.
DJndcd the Senate that ho had, in his first
>ch on this subject, given it as his opinion,
^t tiro main objects were proposed to be ac-
Diplished by the rescinding resolution ; first,
e implied condemnation of President Jackson
rriolating the laws and constitution, and de-
roring the prosperity of the country ; and, se-
Bdly, the imposition of the paper currency of
(States upon the federal government. With
ict to the first of these objects, he presumed
Uas fully proved by the speeches of all the
isition senators who had spoken on this sub-
ict; and, with respect to the second, he be-
ared it would find its proof in the change which
e original resolution had undergone, and the
1 it was now assuming of statute law, and
xially with the proviso which was added at
ecnd of the second section.
|)Ir. B. then took up the bill reported by the
mmittee, and remarked, first, upon its phrase-
y, not in the spirit of verbal criticism, but
Ithe spirit of candid objection and fair argu-
iBt. There were cases in which words were

, and this was one of those cases. Money
isa thing, and the only words in the constitu-
lof that thing were, " gold and silver coin."
ebill of the committee was systematically
dusire of the words which meant this thing,
I used words which included things which

not money. These words w , " , then, a

t subject of objection and argimient, because

kj went to set aside the money of the oonsti-

W and to admit the public revenues to be

i in something which was not money. The

e of the bill uses the word '* funds." It pro-

i to designate the funds receivable for the

revenues of the T'liitetl State*. l'|H»n thi* word
Mr. B. IukI remarkvil Ufori', aM \mug <>no of tlw
most indefinite i.i the Kiij'liHh Inni'nice ; and,
so far from sijfuifying momy nnly, i-vcn pajHT
money only, that it conipnhciukd ivory variety
of paper security, public or private, individual or
corporate out of which nwiioy could Ijo raist-ii.
The retention of this word by the committee,
after the objections made to it, wiiv indicativo
of their intentions to lay ojjcn the federal trea-
sury to the reception of something which was
not constitutional money ; and thin intention,
thus disclosed in the title to the bill, was fully
carried out in its enactments. The words " legal
currency of the United States " aro twice used
in the first section, when tl>e wurdn • gold and
silver " would have been more appropriate and
more definite, if hard money was intended.

Mr. B. admitted that, in the eye of a regular
bred constitutional lawyer, legal currency might
imply constitutional currency ; but certain it
was that the common and popular meaning of
the phrase was not limited to constitutional
money, but included every currency that the
statute law made receivable for debts. Thus,
the notes of the Bank of the United States were
generally considered as legal cun-ency, because
receirable by law in payment of public dues j
and in like manner the notes of all specie-paying
banks would, under the committee's bill, rise to
the dignity of legal currency. The second sec-
tion ^f the bill twice used tiie word " cash ; " a
word which, however understood at the Bank
of England, where it always means ready money,
and where ready money signifies gold coin in
hand, yet with the banks with which we have
to deal it has no such meaning, but includes all
sorts of current paper money on hand, as well
as gold dnd silver on hand.

Having remarked upon the phraseology of the
bill, and shown that a paper currency composed
of the notes of a thousand local banks, not only
might become the currency of the federal go-
vernment, but was evidently intended to b€
made its currency ; and that in the face of all
the protestations of the friends of the adminis-
tration in favor of re-establishing the national
gold currency, Mr. B. would now take up the
bill of the committee under two or three other
aspects, and show it to be as mistaken in its
design as it wov ^ be impotent in its ctrect. In
the first place, it transferred the business of

702

THIRTY YEARS' YIEW.

BupprcsBinn the umall note circulation from
the deposit branch to the cojlcctinp; branch of
tho public revenue. At present, the buBinenH
vr%n in a oourao of progrcM through tho dcpoait
banks, as a condition of holdin)^ the public
moneyfl ; and, a« such, had a place in tho dcpoMit
act of tho lost session, and also hatl a place in
tho Prcsidcnt'ii inosstigo of tho last session,
where tho suppression of pupcr currency under
twenty dollars was cxprcHMly referred to tho
action of tho deposit banks, and as a condition
of their rctainin;; tlio public deposits. It was
throup;h the deposit banks, and not through the
reception of local bank paper, (,hat tiio cuppres-
sion of small notes should bo eflccted. In the
noxt place, he objected to the committee's bill,
becauBc it proposed to make a bargain with each
of the thousand banks now in the United States,
And the hundreds more which will soon bo bom ;
and to give them a right — a right by law — to
have their notes received at tho federal treasury.
He was against such a bargain. lie hod no idea
ui making a contract with these thousand banks
for tho reception of their notes. lie had no idea
of contracting with them, and giving them a
right to plead the constitution of the United
States against us, if, at any time, after having
agreed to receive their notes, upon condition
that thoy would give up their small circulation,
they should choose to say we had impaired the
contract by not continuing to receive them ; and
so either relapse into tho issue of this small trash,
or have recourse to the judicial process to com-
pel the United States to abide the contract, and
continue the reception of all their notes. Mr.
B. had no idea of letting down this federal go-
vernment to such petty and inconvenient bar-
gains with a thousand moneyed corporations.
Tho government of the United States ought to
act as a government, and not as a contractor.
It should prescribe conditions, and not make
bargains. It should give the law. He was
against these bargains, even if they were good
ones ; but they were bad bargains, wn^tchedly
bad, and ought to be rejected as such, even if
all higher and nobler considerations were out of
the question. What is the consideration that
the United States is to receive ? A mere indi-
vidual agreement with each bank by itself, that
in three years it will cease to issue notes under
ten dollars and in five years it will cease to issue
notes under twenty dollars. What is the price

which she pays for this con*ideration ? i„ .J
first place, it receives tho notcn of mirh \ru^il
gold and silver at all the land-offlrox, n,,,,
houses, ond poat-offlcos, of tho United St*!*
and, of course, pays them out apain u po|r| ,
silver to all her debtors. In the nixt i,i;^ 1
compels tho deposit banks to credit them u t
In the third plaoo, it accredits tho whole cin
lation of the banks, and makes it current ill ri
the United States, in consequence of unifen
receivability for all federal dues. In other wor^
it endorses, so far as credit is conctme<; t|
whole circulation of every bank that comei! iJ
the bargain thus proposed. This in certainlj
most wretched bargain on tho part of tho Tnii
States — a bargain in which what she reccirfs)
ruinous to her ; for the more local payment 4
receives in payment of her revenues, the woi
for her, and the sooner will her treasury be f
with unavailable Ainds.

Mr. B. having gone over these objectioiKl
tho committee's bill, would now asccid to|
class of objections of a higher and graver c|[
racter. Ho had already remarked that
committee had carried out a resolution, and t
brought back a bill ; that the committee pJ
posed a statutory enactment, where the seniil
from Ohio [Mr. Ewing], and the senator fJ
Virginia [Mr. Rives], had only proposod ajol
resolution ; and he had already further remarkf
that in addition to this total chan|>e in
mode of action, the' committee had added tJ
neither of these senators had proposed, a clnj
under a proviso, to enact paper money intoc
— to pass paper money to the credit off
United States, as cash — and to punish, by 1
loss of the deposits, any deposit bank vlJ
should refuse so to receive, so to credit, ind I
to pass, the notes " receivable " under the pro
sions of their bill. These two changes make ij
tirely a new measure — one of wholly a diffen
character from the resolutions of the two s« j
tors — a measure which openly and in temiJ,i
under penalties undertakes to make local Su{
paper a legal tender to the federal govemm
and to compel the reception of all its revenues!
the notes " receivable " under the provisions \
the committee's bill. After this gigantic step
this colossal movement — in favor of paper moal
there was but one step more for the commitj
to take ; and that was to make these note
legal tender in all payments from the ki

ANNO 1830. ANDREW JACKSON, rRD<Il>ENT.

703

R for thli con»W«r»tif>n 7 In (|
■ccelvcn the notcn of *iirh Unk
,>r at «U the Uml-ofRrcn, ciim,
oBt-ofBcc«, of the United Sui
, pAjH them out apiin u pnM
her debtors. In the nixt iiuj
sposit hankR to credit them m
(lace, it accredits the whole cii
«nkfl, and makes it current t1
tatcn, in consequence of unitei
or all federal dues. In other wor
10 far aa credit is concenie<;. ti
tion of every bank that coniM ii
hus proposed. This is certtinl]
«d bargain on the part of the rnit
pgain in which what she recoir^s
;r ; for the more local payment
ayment of her revenues, the woi
he sooner will her treasury be fill
able fUnds.

ring gone over these objection!
«e'9 bill, would now asccvl to
Btions of a higher and graver cl
I had already remarked that
ad carried out a resolution, and
k a bill ; that the committee pi
utory enactment, where the sen«i
Mr. Ewing], and the senator tn
r. Rives], had only proposod ajoi
ind he had already further remarki
ition to this total change in
ion, the' committee had added »1
lese senators had proposed, a ch
viso, to enact paper money into
)aper money to the credit of
fig, as cash— and to punish, by
deposits, any deposit bank wl
36 so to receive, so to credit, and
notes " receivable " under the pr
lir bill. These two changes make i
measure — one of wholly a diffei
•om the resolutions of the twosei
isure which openly and in terras,
tics undertakes to make local St
;al tender to the federal govcninn
pel the reception of all its rcTenuaj
receivable " under the provisions
tee's bill. After this gigantic st(
I movemeni — in favor of paper moi
»ut one step more for the commil
id that was to make these not
in all payments from the ft

nrrnment But tliat step was unnecessary

bfuki'" in wunls, fur it in taken In fact, when

otlK'r great step liccomcs law. For it is in- \

jj^ublo that what the government receives, |

tiiu't pay out ; and what it pays out U comes

ctirrency of the country. So that when

i hill passes, the paiicr money of the local

t, will be a tender by law to the federal

ifornmcnt, and a tender by dureMe. from the

nernmcnt to its creditors and the people.

iiittlie state to which the committee's bill

l: bring us ! and now, let us pause nnd con-

(plitc, for a moment, the position wo occupy,

I (ho vast ocean of paper on which we arc

fopoiod to be embarke<l.

stand upon a constitution which recog-

I nothing but gold and silver for money ; we

od upon a legislation of near fifty years,

l^h recognizes nothing but gold and silver

iu»y. Now. for the first time, we have a sta-

«:)• enactment proposed to recognize the

nt of a wilderness of local banks for money,

lin Eo doing to repeal all prior legislation by

r. and the constitution by fact. This is an

lin our legislation. It is statute law to con-

lall other law, and is not a resolution to

i other laws, and to express the opinions of

tss. It is statutory enactment to create

, and not a declaratory resolution to expound

; and the cifccts of this statute would be, to

^e a paper government — to insure the ex-

ation of our specie — to leave the State

i without foundations to rest upon — to pro-

: a certain catastrophe in the whole paper

[em— to revive the pretensions of the United

ktcs Bank — and to fasten for a time the Adam

fith system upon the Federal Qovcmmentand

[ffholo Union.

Ur. Benton concluded his speech with a
ulng against the coming explosion of the
s ; and said :

khe day of revulsion may come sooner or later,

jiits effects may bo moreorless disastrous; but

! it must, and disastrous, to some degree, it

^tbe. The present bloat in the paper system

not continue ; the present depreciation of

ley exemplified in the high price of every

; dependent upon the home market, cannot

. The revulsion will come, as surely as it did

l819-'20. But it will come with less force if

treasury order is maintained, and if paper

mom y A\M W' exrliulcd fnmi the fidtral tn-a-
sury, Hut, Kt tlitff tliinps p) k* tlu-y may,
and k't rirkKos or inischifVouH banks do wlwt
they ploaso, thtre is still a rofup' for the wifw
nnd pf>o<l; there is mill an ark of snfity for
every honest bank, ami for eve ry prudint man ;
it is in the mass of gold and silver now in the
country— the seventy odd millions which tlio
wi8<lom of Pn-sidint Jackson's ndministmtioa
has acctm;ulated— and by getting tluirhharc of
which, uli who arc so dispon-d can take care of
thcmsclvos. Sir (said Mr. H.), I have iK'rfi»rmed
a duty to myself, not pka.'snnt, but neci'ssary.
This bill JM tr) be an era in our legislation and in
our political history. It is to be a point upon
which the future ago will bo thrown back, and
from which future consequences will bo traced.
I separate myself from it ; I wash my hands of
it ; I oppose it. I am one of those who pro-
mised gold, not paper. I promised the currency
of the constitution, not the currency of corpo-
rations. I did not join in putting down the
Bank of the United States, to put up a wilder'
ness of local banks. I did not join in putting
down the paper curency of a national bank, to
put up a national paper currency of a thousand
local banks. I did not strike Cucsar to make
Anthony master of Homo.

Mr. AValkcr replied to what he called the bill
of indictment preferred by the eenator from
Missouri against the committee on public lands;
and after somo prefatory remarks went on to
say;

''But when that senator, having exl'^iusted
the argument, or having none to oiFer, had in-
ilulged in violent and intemperate denunciation
of the Committee on Public Lands, nnd of the
report made by him as their or^n, Mr. W.
could not withhold the expression of his sur-
print and astonishment. Mr. W. said it was his
good fortune to bo upon terms of the kindest
personal intercourse with every senator, and
these friendly relations should not be inter-
rupted by any aggression upon his part. And
now, Air. yf. said, he called upon the whole
Senate to bear witness, as he was sure they all
cheerfully would, that in this controversy ho
was not the aggressor, and that nothing had
been done or said by him to provoke the wrath
of the senator from Missouri, unless, indeed, to
differ from him in opinion upon any subject
constituted an offence in the mind of that sena-
tor. If such were the views of that gentleman,
if he was prepared to immolate every senator
who would not worship the same images of gold
and silver which decorated the politicul chajiel

704

THIRTY YE.VRS' VIEW.

of the lioniiralili' ^iitlfiiian, Mr. W. wan fi-arful
that till" Hfiintiir fiMiu Mismmri wiiultl do i-xfcu-
tion upon :'V(rv iiuinlMT of th<' Sonato hut
hitncolf, anrl he )«-ft hero alone in hin iilory. Mr.
W. Maid ho rctMirn-d to tlio rvrnnrkM of tho
M.Miator fruin .MiH>uuri willi fcciin^H uf rvfo^t,
rnthtT than of an);er or excitciiK'nt ; and that
lio coiiltl not hilt hope, thiit whi-n tho xvnator
from MixKoiiri had (;altnly rctloctcd upon thin
ituhji>ot, he would himself H4.>o much to rcfrrct
in tiiu courHu liu had pursued in relation to the
Conimittvc on I'uhlic Lands, uiid much to recall
that he hud uttered iintltT feelinprs of tumporary
oxcitoiiicnt. Sir (said Mr. W.), beinft deeply
solicitous to preserve unbroken the rankn of the
democratic party in this body, partieipatinf? with

the i)co|i!e in grateful recollection of the diHtin-
guisned scrvicfs rendored by the senator from
Missouri to tho tlemocrary of tho Union, ho

would pass by man)' of tho remarks made by
that senator on this Kubject.

" [Mr. Uenton hero rose from his chair and
demanded, with much warmth, that Mr. Walker
should not pass by one of them. Mr. \V. asked,
what one ? Mr. B. replied, in an anpry tone,
Not one, sir. Then Mr. W. said he would ex-
amine them all, and in a spirit of perfect free-
dom ; that he would endeavor to return blow
for blow; and that, if tho senator from Missouri
desired, as it appeared ho did, an angry contro-
versy with him, in all its consequences, in and
out of this house, he could bo gratified.]

" Sir (said Mr. W.), why has tho senator
from Missouri assailed tho Committee on Pub-
lic Lands, and himself, as its humble organ?
lie was not the author of this measure, so much
denounced by tho senator from Missouri, nor
had ho said one word upon tho subject. Tho
measure originated with the senator from Vir-
ginia [Mr. Hives]. lie was the author of tho
measure, and had been, and still was, its able,
zealous, and successful advocate. Why, then,
had the senator from Missouri assailed him
(Mr. W.), and permitted the author of tho
measure u escape unpunished? Sir, are the
arrows which appear to be aimed by the senator
from Missouri at the humble organ of tho Com-
mittee on Public lands, who reported this bill,
intended to inflict a wound in another quarter?
Is one senator the apparent object of assault,
when another is designed as the real victim ?
Sir, when tho senator from Missouri, without
any provocation, like a thunderbolt from an
unclouded sky, broke upon the Senat6 in a per-
fect tempest of wrath and fury, bursting upon
his poor head like a tropical tornado, did he in-
tend to sweep before the avenging storm another
individual more obnoxious to his censure?

" Sir (said Mr. W.), the senator from Missouri
has thrice repeated the prayer, ' God save the
country from the Committee on Public Lands ; '
but Mr. W. fully believed if the prayer of the
country could be heard within these walls,
it would be, God save us from the wild, vision-
ary, ruinous, and impracticable schemes of the

senator of .Mi«Houri, for oxcIukItc nf.jil j^^,
ver currency ; and such is not only t!ie t.ri'
of the country, hut of the .'^ennfc, wit^ ,^^;
a dinsenting voice. .Sir, if llic i«(rnt„r ..
Missouri coidtl, by his mandate, m Jiri'^i
tK)sition to tho views of the I'reniili-nt, i„p,
fore expressed, sweep from existence all ii,
banks of the States, and establish ]m cjclu.
cimstitutional currency of gold and KJliir
would bring upon this country sreni'ii of „
and distress without a parallel— an imiiiiMu
bankniptcy of nearly every debtor, nnd
most every creditor to whom larjro amoiia
were duo, a prodigious depreciation in the pri
of all property and all products, and an imm,
diato cessation by .Slates and individualHuf ii^^
ly every work of private enterprise ur pui,
improvement. The country would In; imlv
In one universal bankruptcy, and near the -rj
of tho nation's prosperity would perhaps nn\
the scattered fragments of thoao gn-at «
glorious institutions which give hnppinog
millions here, and hones to milliona iiiii.
discnthralmcnt from tiespotic power, Sir
resistance to the power of tho Bank uf
United States, in opjKJsition to tho roHsUUi^
ment of any similar institution, tho ai atur lit
Missouri would find Mr. W. with him; lut
could not enlist as a recruit in this new cr ..;
against the banks of his own and every ot!|
State in the Union. These institutionn, nhetM
for good or evil, are created by the Stat]
cherished and sustained by them, in manjcg
owned in whole or in part by the States, i
closely united with their prosperity ; and w||
right have wo to destroy them ? Wliat ri j
md ho. a humble servant of the people of .\]
sissippi, to say to his own, or any utliir S<2
your State legislation is wrong- -yotir State j
stitution, ^our State banks, must bo annihilati
and we will legislate here to eifcct this olj|4
Are we the masters or servants of the 80Ttn
State? that we dare speak to them in hapii
like t^iis — that we dare attempt to pr<)>ti|
here those institutions which are created!
maintained by those very States which
represent on this floor ? These may be i
opinions entertained by some senators of ii
duty to the States they represent, but thovi
not his (Mr. Ws) views or his opinions,
was sincerely desirous to co-operate with I
State in limiting any dangerous powers of I
banks, in enlarging the circulation of pAit
silver, and in suppressing the small note a
rency, so as to avoid that explosion wliichj
to be apprehended from excessive is.siics of h
paper. But a total annihilation of all the In
of his own State, r.-ow possessing a chart
capital of near forty millions of dollars, woj
Mr. W. knew, produce almost universal \t
ruptcy, and was not, he believed, anticipata
any one of his constituents.

" But tho senator from Missouri tells ujj
this measure of the committee is a reiieal i
constitution, by authorizing the receipt of p

AXVO innrt. AM>l;i;\T .IACKM».\, I'UF>ll:KNT.

7o:.

wmri, fot eiclunWc Rfilil wA,
tnil Hiich l« not only tin- |,r»(
Imt of the Sfnntf, with mtip,
oicc Sir, if tlic "cnati.r ;• ,
I by hit mandiitf, m dmn ',|
[j'vli'Wii of the rn-ni'ltnl, li.p.,
I swi'tp from t'xiitloiicu all \
HntcR, nnd «'Kta»)ll»h Jiin txclu.
currenrv of Rold and wlxr
upon thU country urineii u( ti
vithout a jMirallcl— an iiniinii
r iH-arly evfry debtor, m\ i.t
ri'ditor to whom lar^ro amou:
rodin'ioiw depreciation in the jii
y and all pnMluctB, and an im:
li by SUtett und individuaU uf i»
■k t)f private enterprise or piA
The cotmtry would lie inv '
ital bankruptcy, and near the ^
's prosperity would perhaps np-i
d frapmon^* of those gnai i
titulionft which give happiiie«8
ts and hopes to millions inri-
ent from despotic power. Sir.
o the power of the Bank of
es in opiwsition to the rc-tsul
r Bimilar institution, the soiator
juld find Mr.W.withhirajki
nliat as a rt-crult in this new cr ,,.
banks of his own and every ot
Union. These institutions, wheil
,r evil, nro created by the bw
nd sustained by them, m many c-
vhole or in part by the States

ted with their prp8F"'y i ?"'' '
wo to desti-oytherol Whatn
lumblo servant of the people oH
gayto his own, or any other H
legislation is wrong--your State
our State banks, must be annihila
iUoSslate hereto effect th,sol,
niMters or servants of the ^w
we dare speak to themmlani
that we dare attempt to pw
institutions which are cKjJed
bv those very States which
on this floor 1 These may k
■ntertaincd by some senators of
estates they represent, but they.
Ir W's) views or 1«8 opimons.
^fly desirous to co-operate with
■wmitine any dangerous powers
S^lSing the circulation of pod

?n Suppressing the small note
as to avoid that exposion which

"Lnded from excessive «^^
,ut a total annihilation of alUh

n State, WW possessing a cha
near forty millions of dollar, «
n"w produce almost universal ^
■fd was not, he believed, anticipav

■)f his constituents. .

he senator from Missouri telUuj
.uroSf the committee is a repeaU
oljby authorizing the receipt of

mmv ill nv»»iue payment*. If no, then the
iM'titiiti"" iiivirliat hud an i Ai-teiu.-f j fir tin-
L;i,<t iaiiii"t Ik- d<'-iKH:it«<l wlnii |i;i|Kr iKoncy
ru ii'il "> rcciiviiMi' by thr fi<l«rid pnvcrii-
itnl. Till!* i*)>i'<'ie« of MHHu-y wan i-xpn-KxIy
L.lc nwivable for the piiMic diu-.^ by an act
L(i\iiii;ri""<. piiMci'd iinnu'diiiti'lv uftrr tin- ndii|t-
>, inf tli<' constitution, and wliicli rt'iiiitined in
t-,v until t'i^litiTii liimdii'd and tii'vcn. It
i;i >i) nciivi'd. iw a niutti'C of pmcticv, fniin
i.liKrn hmidrLsl aixl ilevi-ii until li^litetii
L'llnd and mixtion, whiii, u^'aiii. by an uel of
ixw* tluii pHsiod, and which Iiiim JiHt ix-
,nil, it wii-* (*o uiilhorizeii to Ik- reci'ived fluriiij;
iilliat iicriod. Now, altliou|;h thcso iictn huvo
jiireil, tlicro ill that wliicli in e<|iiivuUiit to n
If ^tiil i" force, exprcHnly authorizintr tin-
(tcsof tlif niivcie-puyiiiK banks of tlu' Stuti-n
M ni'i'ivcd in revenue payniont.'*. ;t is the
,int risoltition of eitclitcuii hundred und mx-
in a<ltipti(l by both hou.ses of Congress, and
wiiveil l>y I'rtHidunt Madinon.
■W'hvTv is tiio distinction, in principle i« re-
|<thi' reception of bank pajier on piililic ac-
,»,•, ktweeii the two provisions? And the
IMl.ir li'oiu Missouri, in thus denouncing the
if the committee as a repeal of the consti-
„i .iMiiiuncea directly the President of the
imiii. •'■Ues. Congress, no more than a State
lature, can make oiiy thing but gold or sil-
, a tender in payment of debts by one citizen
ijiiotlier ; but that Congress, or a State legi.s-
liire, or an individual, may waive their con-
utional riglits, und receive bank paper or
.Is, in payment of any debt, in a principle of
itir-iil adoption in theory and practice, and
[er doubted by any one until at the present
iion by the senator from Missouri. The
linction of the senator in this respect wn.s as
imprchensible to him (Mr. W.) as ho be-
id it was to every senator, and, indeed, was
urnible only by the ma;^nifying powers of a
jt microscope. It was a point-no-point,
th, like the logarithmic spiral, or asymptote
[the hyperbolic curve, might V for ever ap-
iched without reaching ; an ir<'";l; imal, the
jt of an idea, not only wui. it length,
nith, thickness, shape, weight, or dimensions,
iwithout position — a mere imaginary noth-
ffliich flitted before the bewildered vision
Jic honorable senator, when traversing, in
ifitfiil somnambulism, that tesselated pave-
|t of gold, silver, and bullion, which that
Itor delighted to occupy. Sir, the senator,
Missouri might have heaped mountain
his piles of metal ; ho might have swept,
is Quixotic flight, over the banks of the
s, putting to the sword their officers, .stock-
irs, directory, and legislative bodies by
li they were chartered ; he might, in his
ries, have demolished their charters, and
lined their paper by the fire of his clo-
x;; ho might have transacted, in fancy,
a metallic currency of twenty-eight niil-
in circulation, an actual annual business

Vol. I.— 45

of tlftfi'H hnu'lifd nnllioiK. an I Mr. W. would
ii"t bine ilHtMitHMJ b< iNutitli* v»inn«, n^r
«oiil"l any oilur Riimtnr — f.>r they Wff \i«I'Mi<
only, tlial on.M n.'vrr !>»• rmlt/.i'd — I nt wlifii.
dcMvndiiii: froni Ihn ctln'rcnl tliu'htM, be h'IH»I
ii|Min till' ('"tiiiiiittrv on riiblii' Lmds a- critni*
, iiitl.'*, urrniii|;<'d ilii ni n* \iiiluiiir4 uf llie i'iiii>ti>
tiitiiin mill pray I'd IIimvi-ii fur iliiivfrniicc fnitn
I thi'in, .Mr. W. could !»• ^il^■nt no Ihiiitt. Yts,
ii'\en llii'U he would hnxc |ias»e(l li'/lidy ovrr
I the iiniK"* of the tlicorii's nf the lioiinralilc Siim-
tor. fur, if he dcsirc'd tu make iis-aiiltn npnii any,
it Would be u-'i-n the livinjr, uiel nut tin- diwl;
but that Kei ' in tin- oiK'ninc <if liix (.Mr.
I W.'.s) udilres.s. ',iid rejicti'd the olive lirunch
^ wliicli, u|i<in the urgent hnlicitikliim uf iiiutiial
. IVifiiils, a;.ainHt bin own jiulginmt, l;i' li:iil c\.
I li'ii'leil to the boiiorulilc senator. 'I'lie senator
[ from .Miss(,iiri had thus, in substnnci', declared
; his ■■.oici! wart Mtill for war.' lie it so; but ho
hn|»ed the .'senate wimld all recollect that ho
(Mr W.) was imt the ugjrressiu-; and tliiit,
w''il.st he trusted h never would wantonly
a....»il the fee' ,js or 11 jiutation of any senator,
he thanked * 1 that he was not so alijecl or
degraded .. u submit, with inipniiity. to un-
provoked ...t.K'ks or unfounded iieciisulions from
■ • " quarter. Could I 'bus ..iibniit, he would
',•■• I itlt to represert f.io noble, peiurou.s. and
ralla. .^ jicople, whoso rights and interests it
rt'us his pride and glory to endeavor to protect,
whose honor and churiieter were deurer to him
than life itself, und should never be tarnished
by any act ofrhis. as one of their humble repre-
sentatives upon this floor."

Mr. Hives returned thanks to Mr. Walker
for his able and satisfactory defence of the bill,
which in fact was his own resolution changed
into a bill. lie should not be able to add much
to what had been said by the honorable senator,
but wa.s desirous of adding his mite in lejily to no
much of what had been so zealously urged by
the senator from Missouri (Mr. Benton), us had
not been touched upon by the chairman of the
land committee ; and did so in an elaborate
speech a few days thereafter. Mr. Benton did
not reply to either of the senators ; ho believed
that tha events of a few months would answer
them, and the v<Jte being immediately taken,
the bill was passed almost unanimously — only
five dissenting votes. The yeas and nays were :

Yeas — Jlessrs. Black. Brown, Buchanan.Clay,
Clayton, Crittenden. Cuthl)ert, Dnno, Davis,
Ewiiig of Illinois, Ewing of Ohio, Fulton, Grun-
dy, Hendricks, Hubbard, Kent, King of Alar
bama. King of Georgia, Knight. McKean, Moore,
Nicholas, Nilei.,Norvell, Page, Parker, Prentiss,
Preston, Rives, Bobbins, llobinson, Sevier,
Southard, Swift, Tallmadgo, Tipton, Tomlin80^
Walker, Wall, Webster, White.— 41.

70G

TIIIKTY YKAi:s' VIKW.

Navs — Afefsr". Benton, Linn Morris. Rng-
plfs, Wrifrht — 5.

The name of Mr. Culhonn is not in either list
of these rotes. lie had a reason for not votinp,
wliioh ho exjirossod to the Senate, before tlic
vote waa taken ; thus :

" lie had been very anxiotis to exjiross liis
opinions somewhat at larfrc tipon tliis sulyect.
lie put no faitli in this measure to arrest the
downward course of the country. lie believed
the state of the currency was almost incurably
bad, so that it was very doubtful whether the
hif:hest skill and wisdom could restore it to
soundness ; and it was destined, at no distant
time, to undergo an entire revolution. An ex-
plosion he considered inevitable, and so much
the greater, the longer it should be delayed.
Mr. 0, would have been glad to go over the
whole subject ; but as he was now unprepared
to assign his reasons for the vote which he
might give, he was unwilling to vote at all."

The explosion of the banks, which Mr. Cal-
houn considered inevitable, was an event so fully
announced by its " shadow coming before,"
that Mr. Benton was astonished that so many
senators could be blind to its approach, and
willing, by law, to make their notes receivable
In all payments to the federal government. The
bill went to the House of Representatives, where
a very important amendment was reported from
the Committee of Ways and Means to which the
i)ill had been referred, intended to preserve to the
Sceretary of the Treasury his control over the
rcoeivability of money for the public dues, so as
to enable him to protect the constitutional cur-
rency and reject the notes of banks deemed by
him to be unworthy of credit. That amend-
ment was in these words, and its rejection goes
to illustrate the character of the bill that was
passed:

" And be itfurtlicr enacted, That no part of
this act shall be construed as repealing any ex-
isting law relative to the collection of the reve-
nue from customs or public lands in the legal
currency, or as substituting bank notes of any
description as a lawful currency for coin, as pro-
vided in the constitution of the United States ;
nor to deprive the Secretary of the Treasury of
the power to direct the collectors or receivers
of the public revenue, whether derived from du-
ties, taxes, debts, or sales of the public lands,
not to receive in payment, for any sum due to
the United States, the notes of any bank or
banks which the said Secretary may have reason
to believe imworthy of credit, or which he ap-
{jrehends may be compelled to suspend specie
Qayiueuts."

Mr. Cambreleng, chairman of the Conin, k
of Ways and Moans, in sujjport of tliisann-^
inent, said it had been reported ftjp tlie uS'
of preventing a misconstruction of tlio liH ^ ;
came from the Senate, and scciirinj: tlie imi/J
revenue from serious fraiids , and askcj fin'
yeas and nays. The amendment was citciri
a sustained call for the previous question, .u
the bill passed by a strong vote — 1 Hi (,,
The nays were :

Nays — Messrs. Ash, Barton, Be.in, Ileainr.o'iJ
Black, Bockee Boyd, Brown, liurns, (';i;i|i,J
long. Chancy, Chapin, Coles, Cushman, I),,];) \\
day, Drouigoole, Efiier, Fairfield, rarlin, p,!.
Fuller, Oaibraith, J. Hall, Hamer, Ilmvlin
<}. Harrison, Hawes, Holt, Huntinfrtoii, .Jarvj
C. Johnson, B. Jones, Lansing. J. Lte, I.winarJ
Logan, Loyall, A. Mann, W. Mason, M. ),\^A
McKay, McKcon, McIiOan, Page, Parks. F. ritrr.
Joseph Reynolds, Rogers, Seymour, Shinii, Sio'j
Ics, Smith, Taylor, Thomas, J. Thomson, fuj
rill, Vanderpoel, Ward, AVardwell — jj.

It was near the end of the session liL-cre tM
bill passed the House of Representative^.
only got to the hands of the President in tH
afternoon of the day before the constitutioiu
dissolution of the Congress. He might iiavc [
tained it (for want of the ten days for consiJiJ
tion which the constitution allowed him), wii
out assigning any reason to Congress for so i!|
ing 5 but he chose to assign a reason whi(|
though good and valid in itself, may have ta
helped on to its conclusions by the evil tendencij
of the measure. That reason wae the ambiguof
and equivocal character of the bill, and the divi
sity of interpretations winch might be plaol
upon its provisions ; and was contained in i
following message to the Senate :

"The bill from the Senate entitled 'Am
designating and limiting the funds receivable^
the revenues of the United States, came to i
hands yesterday, at two o'clock P. M. On \
rusing it, I found its provisions so complex a
uncertain, that I deemed it necessary to obd
the opinion of the Attorney General of the l'|
ted States on several important questions, touJ
ing its construction and cflcct, before I cj
decide on the disposition to be made of it.
Attorney General took up the subject immel
ately, and his reply was reported to me IJ
day, at five o'clock P. M. As this officer, i
a careful and laborious examination of the t
and a distinct expression of his opinion on 1
points proposed to him, still came (o thee
elusion that the construction of the bill, sk
it become a law, would be yet a subject of c

ANNO \>s?.<\. A'ShWY.Vf JACKSON. lUFMItENT.

707

n?, chainiian of the Comm.tti^
pans, in suiiport. of this amn!l
I been reported fur the juiq^,.,
miscfinstruction of the hill is
Senate, and scctirinj: the \<\\\::■^
villus fra<i<ls , and askc 1 f.ir V,

The amendment was CMtoffl,j|
for the jirevifius qmstion ; ar^

by a strong vote— li:5 to

rs. Ash, Barton, 15oan, Y.vmvm
Boyd, Brown, Burns, (.'amlip
uhapin. Coles, Cushnvin, Ddu'li
lo Efner, Fairfichl, rarVin, Fv
vitk J. Hall, llamer, Uiu-.lin, .
law-es. Holt, lluntin^rton. Jarvi,
i Jones, Lansinj?. J. l-fo.Lwmm

,"a. M
on,McIiean

ann, "\V. Mason, M.
jUan, Page, Parks, F.

ItrT'lwity and doubt (a view of the bill entiro-
Itcoiiiii'lent with my own), and as I cannot

•hials it proiKT, in a matter of such interest and

L'-urh ciin.>tiint ajtplicjition, to approve a bill

Ll'sWi! to diver.-iity of interpretations, and

I „a' especially as I have not had time, amid the

Ititics t-onstantly pressinj: on mo, to pivo the |

Icwcct that dclilH'rate consideration which its j

InpiirtaDCC demands, I am constrained to retain

;t bill, without wtingdeiinitively thereon ; and

^he end that my reasons for this step may

,, fuliv understood, I siiall cau.>e this paper,

Irtli the opinion of the Attorney General, anil

Ivibill in question, to be deposited in the l>e-

l^rtmcnt of State."

Thus the firmness of the President again
Lvi the country from an immense calamity,
1 a few months covered him with tho
iiu'lits of a preserved and grateful country.

r the end of the session hi-orc t«
he House of Represcntativc^
the hands of the President in til
the day before the constitutionj
.f the Congress. He might have r
■ want of the ten days for cor.sidoij
he constitution allowed him), u
g any reason to Congress for so i
chose to assign a reason v;M
and valid in itself, may have b
its conclusions by the evil tendoiici
That reason wae the aml)iju(
al character of the bill, and the to
pretations wliich might he [h
visions; and was contained m

lessage to the Senate:

fromthe Senate entitled 'An

and limiting the funds receive !e^

.s of the United States came to,

erday, at two o'clock P.M. On

found its provisions so complex

that I deemed it necessary to obj
tithe Attorney Generalof the

on several important ques ions to«
.struction and effect, before M
he disposition to be made It,
?entaltookupthesubjec«
"his reply was reported to mc t|
o'clock P.M. As th 9 officer,

inct expression of his opinion on
id?ohim,stiU(^meto^^^^^^^
ivt the construction of the bi 1.8M
alaw.wouldheyetasubjectot.^

CHAPTER CLVI.

elKIBUTION OF LANDS AND MONEV-
rilOPOSlTIO.NS.

-VARIOUS

Ihe spirit of distribution, having got a taste of
It feast in the insidious deposit bill at the pre-
(iing session, became ungovernable in its ap-
ttite for it at this session, and open an(J imdis-
Hd in its efforts to effect its objects. Within
! first week of the meeting of Congress, Mr.
trccr, a representative from Virginia, moved
jiesolution that the Committee of Ways and
jns be directed to bring in a bill to release
I States from all obligation ever to return the
lidends they should receive under the so-called
>it act. It was a bold movement, considering
;the States had not yet received a dollar, and
it it was addressed to tho same members,
ling in the same chairs, who had enacted the
asure under the character of a deposit, to be
edly returned to the United States when-
desired; and under that character had
^ed over to tho support of the act two classes
voters who could not otherwise have been
lined; namely, those who condemned the
cy of distribution, and tho.se who denied its
^titutionality. Mr. Dunlap, of Tennessee,
[Mr. Mercer's motion at tho threshold — con-
ined it as an open conversion of deposit into
ibution — as a breach of the condition on
ththe deposit was obtained — as unfit to be

di.scus.<cd; and movod th,Tt it t..- laid updu die
lahli — a motion that pn<bnK's ilisc'i.s-;ion, aiitl
linii;rs on an iiimu'iliatc vote. Mr. Merei-r asked
for the yeas and nays, whidi U'iti',; taken showi l
the astonishing' siuctjulfof ^cvnity-threc niein-
Ijcrs recordiii;; their naiiu'S apiinst the nioti.i!i.
Thevotewasl2(ito73. Simultaneously with Mr.
Mercer's moveinfiit in the Hou-h- to pull ihcmaslc
from the di'ixi.vit bill, and reveal it in its tnio
character, was Mr. Chiy'-smovcuicnt in the Siiiato
to revive his land-money di.-itrihution Mil. to
pive it immediate' cflect, and continue its openi-
tion for iho year.s. In the first days of the
.session ho pave notice of his intention to hrinj;
in his bill ; and quickly followed up his notlcj
with its acUial introduction. On presentinj.' the
bill, he .said it was due to tho occasion to make
some explanation.^ : and thus went on to make
them :

"The operation of the bill which had hereto-
fore several times passed the Senate, and oi-.ce
the IIou.se, conunenced on the last of Deccniher,
1822, and was to continue five years. It pro-
vided for a distribution of the nett proceeds of
the public lands during that period, upon well-
known principles. But the dejwsit act fif the
la.st session had disposed of so large a part of
the divisible fund under the land bill, that he
did not think it right, in the present et^ite of the
treasury, to give the bill — which he was about
to apply for leave to introduce — that retro.-prc-
tivo character. lie had accordingly, in t!;u
draught which he was .going to submit, made the
last day of the present month its commence-
ment, and the last day of tlio year 18 II its ter-
mination. If it should pass, therefore, in this
shape, tho period of its duration will be tlw
same as that prescribed in the fonner bills.
The Senate will readily comprehend the motive
for fixing the end of the year 1841, as it is at
that time that the biennial reductions of ten
per cent, upon the existing duties cease, accord-
ing to the act of tho 2d March 1833, commonly
called the compromise act, and a i-eduction of
one half of the excess beyond twenty per cent.
of any duty then remaining, is to take eti'ect.
By that time, a fair experiment of the land hill
will have been made, and Congress am then de-
termine whether the proceeds of the national
domain shall continue to be equitably divided,
or shall be applied to the current expenses of
the government. Tlie bill in his hand assigns
to the new State of Arkansas her just propor-
tion of the fund, and grants to her f)00,OuU acrc-t
of land as proposed to other States. A similar
assignment and grant are not made to Michi-
gan, because her admission into the Union is not
yet complete. But when that event occurs,
provision is made by which that State will re-

■6;

708

THIRTY YEARS' VIEW.

ccive its fair dividcml. Ik' had restored, in this
draught, the provi.-'ion cmitaincd in the ori(;inal
lilan for the distril)iitii)n of the public lands,
which he had presented to the Senate, by which
the StateH, in the aj)plication of the fund, ai-e
rostricteil to the great objects of education, in-
ternal improvement, and colonization. Such a
restriction would, lie believed, relieve the Legis-
latures of the several States from embarrassing
controversies about the disposition of the fund,
and would secure the application of what wa.s
common in its origin, to common benefits in its
ultimate destination. But it was scarcely ne-
cessary for him to say that this provision, as
well as the fate of the whole bill, depended upon
the superior wisdom of the Senate and of the
House. In all respects, other than those now
particularly menti<med, the bill is exactly as it
passed this body at the last session."

The bill was referred to the Committee on
Public Lands, consisting of Mr. Walker of
Mississippi, Mr. Ewing of Ohio, Mr. King of
Alabama, Mr. Ruggles of Maine, Mr. Fulton of
Arkansas. The committee returned the bill
with an amendment, proposing to strike out the
entire bill, and substitute for it a new one, to
restrict the sale of the lands to actual settlers
ia limited quantities. In the course of the
discussion of the bill, Mr. Benton offered an
amendment,. securing to any head of a family,
any j'oung man over the ago of eighteen, and
any widow, a settlement right in ICO acres at
reduced prices, and inhabitation and cultivation
for five years : which amendment was lost by a
close vote — 18 to 20. The yeas and nays were :

Yeas — Messrs. Benton, Black, Dana, Ewing
of Illinois, Fulton, Hendricks, King of Alabama,
Linn, Moore, Morris, Nicholas, Rives, Robin-
son, Sevier, Strange, Tipton, Walker, White —
18.

Nays — Messrs. Bayard, Brown, Calhoun,
Clay, Clayton, Crittenden, Davis, Ewing of
Ohio, Hubbard, Kent, King of Georgia, Niles,
Page, Prentiss, Bobbins, Ruggles, Swift, Tall-
madge, AYright — 20.

The substitute reported by the committee on
public lands, after an extended debate, and vari-
ous motions of amendment, was put to the vote,
and adopted — twenty-four to sixteen — the yeas
and nays being :

YfcAs — Messrs. Benton, Black, Brown, Bu-
chanan, Cuthbert, Ewing of Illinois, Fulton,
Grundy, Hendricks, Hubbard, King of Alaba-
ma, Linn, Lyon, Moore, Mouton, Nicholas,
Niles, Norvell, Page, Rives, Robinson, Strange,
Walker, Wright— 24.

Nays. — Messrs. Bayard, Calhoun, Davis, Ew-

ing of Ohio. Kent, King of Georgia, Knii-b
Prentiss, Kobbins, Sevier, Sduthanl ij^.r."
Tomlinson, Wall, Webster, Whito — Id,' "" "

So Mr. Clay's plan of a five years' otRn -liM-,
bution of the land money to the States, in addjt „
to the actual distribution, under tlie (li.t,,,.
mask, was now defeated in the Senate : but tii i
did not put an end to kindred schemes. Th'
multiplied in different forms; and continul
to vex Congress to almost the last day of ij
existence. Mr. Calhoun brought a plan for t'J
cession of all the public lands to tlio Slates
which they lay, to be sold by them on graduatii
prices, extending to thirly-five years, on eundil
tion that the States should take the cxpcnas J
the land .system on themselves, and j^v thinj
three and a third per centum, of the sales. {„a
federal treasury. Mr. Benton objected, on jui: j
pie, to any complication of moneyed or prou n
transactions between the States and tiie kiA
government, leading, as they inevitably woslJ
to dissension and contention ; and endinj, in coj
troversies between the members and tlie lnJ
of the federal goveniment : and, on detail ;
cause the graduation was extended bejonjl
period when the new States woula be stroi
enough to obtain better terms, without the coi
plication of a contract, and the condition o9
purchase. Within the thirty-five years, tlJ
would be three new apportionments ofrtpl
sentatives, under the censuses of 1840, U
and 18G0 — doubling or trebling tho new Stat]
representation each time ; also several
States admitted ; so that they would be strc
enough to take effectual measures for thej
tinction of the federal titles within the Staj
on just and equitable principles. Mr. Buchai
openly assailed Mr. Calhoun's proposition i
bid for the presidency ; and said :

" He had heard a great deal said about britj
tho people with their own money ; argumJ
of that kind had been reiterated, but they I
never had much effect on him. But speaa
on the same principles on which this had u
said, and without intending any thing per<a
toward the honorable senator from South C|
lina, ho would say this was the most spla
bribe that had ever yet been offered. It d
give the entire public domain to the peopM
the new States, without fee or reward, ani
the single condition that they should not bJ
all the land into market at once. It was!
first time such a proposition had been bni
forward for legislation ; and he solemnin
tested against the principle that Congrcsj]

ANNO ISJifl. ANDRIW JACKSON, F'[U>II»KNT.

709

ent, King of Goorcia. Knis.;,!..
ins, Sevier. Soiithunl, jjw.fj
1, Webster, AVl<ilo—ir.. «

plan of a five years' open 'IL-tri
id money to the Stales, in aildii,,;
distribution, under tlie (kf).]-,i
defeated in the Senate : but t!ii(
end to kindred schciiKs. Th';
different forms ; and cominut
iS to almost the last day of ii
. Calhoun brought a plan for t!i
;he public lands to the Slatts i,
to be sold by them on jirailuaty
ng to thirly-five years, on cunt
Hates should take the expend, «
m on themselves, and j ;iy tliin,
iird per centum, of the sales, hi tlj
ry, Mr. Benton objected, on prit;
mplication of moneyed or proi<.
jctween the States and the fwln
leading, as they inevitably wocl
and contention ; and endin(: in co(
;tw'een the members and tlie lu-
ll government : and, on detail,
raduation was extended leyonil
the new States woula be stroi
)tain better terms, without the coi
a contract, and the condition ol
Within the thirty-five years, tin
iiree new apportionments of Kpi
under the censuses of 1840, W
ioublin'g or trebling the new Stet
on each time; also several
tied ; so that they would be sti
take effectual measures for the
the federal titles within the Stai
equitable principles. iMr.Bucha
died Mr. Calhoun's proposition
presidency; and said:
I heard a great deal said about brit
■with their own money; argumt
ttd had been reiterated, but tliev
much effect on h™. But spca
le principles on which this had I
vithout intending any thing pen(
3 honorable senator rom South li
ouldsaythiswas the most spe'
had ever yet been offered. lU^
ntire public domain to the peop
States, without fee or reward, d
condition that they should not b
,nd into market at once. Itw^
such a proposition had been broi
™ legislation; and he solemnly
dust the principle that Cong.t»

Mf rieht, in equity or jn.<!tico, to give what l)c-
iii-fd to the entire people of the I'nion to the
,,!,il)itflnt8 of any State or States whatever.
ifer warmly expressing his dissent to the
imiT'lnient, Mr. H. said ho liopod it would not
.((vivo the sanction of any considerable jiortion
if the Senate."

Mr. Sevier of Arkansas, said it might be very
true that presidential candidates would bid deep
(,r the favor of the West ; but that was no rea-
jon why the West should refuse a good offer,

I then made. Deeming this a good one, and
beneficial to the new States, he was for taking
Mr. Linn, of Missouri, objected to the j)ropo-

I fition of Mr. Calhoun, as an amendment to the
iill in favor of actual settlers (in which form it

Ini offered), because it would be the occa.sion
i losing both measures ; and said :

• He might probably vote for it as an inde-

Lndent proposition, but could not as it now

itowl. He had set out with the determination

1 10 vote against every amendment which should

k, proposed, as the bill had once been nearly

licit by the multiplication of them. If this

limendment should be received, the residue of

|t!io session would be taken up in discussing it,

Imd nothing would be done for his constituents.

iHe wanted them to know that he had done his

latmost, which was but little, to carry into effect

Itlieir wishes, and to secure their best interests

In the settlement of the new country. He was

liLiious to obtain the passage of an equitable

Iftwinption law, which should secure to them

Tleir homes, and not throw the country into

Itlie hands of great capitalists, as had been done

1 the case of the Holland Land Company, and

lilias retard the settlement of the West. As to

ihe evasions of previous pre-emption laws, of

Jfliich so much had been said, he believed thej'

pther had no existence in Mis-souri, or had been

irotsly exaggerated. In the course of his pro-

issional duty (Mr. Linn is a physician, in large

ladice), he had occasion to become extensively

Iciiuainted with the people concerning whom

lese things had been assorted (he referred to

emigrants who had setled in that State,

mder the pre-emption law of 1814), and he

bid say, nothing of the kind had fallen under

sobservation. They had come there, in most

lies, poor, surrounded by all the evils and

feadvantages of emigration to a new country ;

i had attended many of them in sickness ; and

[could truly aver that they were, as a whole,

best and most upright body of people he

1 ever known.

['Mr. L. said he was a practical man, though
! temperament might be somewhat warm. He
eked to things which were attainable, and in
) near prospect of being obtained, rather than
I those contingent and distant. Here was a

bill, far advanced in the Spuate, and, as he h"p<>d
on the eve of pa-.in!:. lie iMljeved it would
secure a /rreat pxHJ to his con.>>tittiii,t-i ; niid be
coidd not rnn^Mit to ri>k that liill by lu-ciptini:
the atnciidiiHiit prnposed by tbe setialur from
South Carolina. If fhi> hcn'itnr fn)m Arkan-^o-'
would let this po, he ini^rht |io>sihly find that it
was a belter thin.' than heenuld ever pt nirain.
He w.inted tliat CdUL're-'s should so re^rulate the
j)td)lic lands, and so arranjir the terms <>n whieli
it was disposed of. as to furnish in the West
an opportunity for poor tnen to become rich.
and every worthy and industrious man pio.^-
perous and happy."

Mr. Calhoun fe'.t himself called upon to ri-e
in defence of his proposition, and in viudicatioii
of his own motives in oU'eringit; and did so,
in a brief speech, saying :

'• AVhcn the Senate had entered upon the pre-
sent discussion, he had h.id little thoujrht of
offering a proposition like this. lie had. indeed,
always seen that there was a period coining
when this government must cede to tiie new
States the possession of their own soil ; but he
had never thought, till now, that period was so
near. What he had seen this session, however,
and especially the nature and character of the
bill which W.1S now likely to pass, had fidly
satisfied him that the time had arrived. There
were at present eighteen senators from the new
States. In four years, there would bo six more,
which would make twenty-four. All. therefore,
must see that, in a very short period, those
States would have this question in their own
hands. And it had been openly said that they
ought not to accept of the present proposition,
because they would soon bo able to get better
terms. He thought, therefore, that, instead of
attempting to resist any longer what must
eventually happen, it would bo better for all
concerned that Congress should yield at once to
the force of circumstances, and cede the public
domain. His objects in this movement were
high and .solemn objects. He wished to break
down the vassalage of the new States. He de-
sired that this government should cease to hold
the relation of a landlord. He wished, further,
to draw this great fund out of the vortex of the
presidential contest, with which it had openly
been announced to the Senate there was an
avowed design to connect it. He thought the
country had been sufficiently agitated, corrupt-
ed, and debased, by the influence of that con-
test ; and he wished to take this great engine
out of the hands of power. If he were a can-
didate for the presidency, he would wish to
leave it there. He wished to go further : ho
sought to remove the immense amount of jj.-i-
tronage connected with the management of this
domain — a patronage which had corrupted both
the old and the new States to an enormous ex-
tent. He sought to counteract the centralism,

710

TIJIUTY YKAU.S' VIKW

which was the ftrcat danpcr of tliis povcrnmcnt,
iiii'l thin!)y to jirfservt' the lilicrtiiM of the poo-
p'c much l')n;.'('r than woiilil otherwise Ik; |)ossi-
hU'. As to wliat was to lie reeeived for thcfc
hinds, he e.ired iiothinj; alKHit it. Ho woiiM
liave consented at onee to yiehl the whole, and
withdraw alto^iether the landlordKhip ot tlie
(eiieru! RO\ernnient over tiieni, had lie not be-
lieved that it would be most for the benelit of
the new States themselves that it should con-
tinue Bomewhut longer. These were the views
vhicli had induced him to jtresent the amend-
ment, lie oU'erod no gilded pill. He threw in
no a])ple of discord. He was no bidder for popu-
larity. He prescribed to himself a more hmnble
aim, which was simply to do his duty. He
sought to coimleract the corrupting tendency
of tlie existing course of things. He sought (o
weaken this government by Ui testing it of at
least a part of the immense patroniige it wield-
ed. He held that every great landed estate re-
quired a local administntion, conducted by jjcr-
Kons more intimately arriuiiintcd with local wants
and interests than the members of a central
government could possibly be. H" any body
asked him for a proof of tlie truth of his posi-
tions, he might point them to the bill now be-
fore the Senate. Such were the s-mtimcnts,
f-hortly stated, which had governed l.im on this
occasion. He had done his duty, ami he must
leava the result with God and with the new
States."

Jlr. Calhoun's proposition was then put to
the vote, and almost unanimously rejected, only
six senators besides lumself voting for it ; name-
ly : Messrs. King of Georgia ; Moore of Alaba-
ma ; Morris of Ohio ; llobinson of Illinois ;
Sevier of Arkansas ; and White of Tennessee.
And thus a third project of distribution (counl-
ing Mr. Mercer's motion as one), at this ses-
sion, had misca?ried. But it was not the end.
Mr. Chilton Allien, representative from Ken-
tucky, moved a -lirect distribution of land to the
old States, equal in amount to the grants which
had been made to the new States. Jlr. Abijah
Mann, jr., of New York, strikingly exposed the
injustice of this proposition, in a few brief re-
marks, saying :

" It must be apparent, by this time, that this
proposition was neither more nor less than a
new edition of the old and exploded idea of dis-
tributing the proceeds of the sales of the jniblic
lands, attempted to be concealed under rubbish
and verbiage, and gilded over by the patriotic
idea of applying it to the public education. Its
paternity is suspicious, and its hope fallacious
and delusive. The j)reamble to this resolution
is illusory and deceptive, addressed to the cupid-
ity of the old Staies represented on this floor.
It recites the grants made by Congress to each

of the new States of the public lands in tli.».
gn-gate, without specifying the motiv(>„rc.,'
sideration upon which they were ino'lc. |-
argument is, that an equal quniifity >]hm\,\ ,,
granted to the old StatvS, to make tliiin n,.,,
tively cpial sharers in the publi'; lamN. \,,"
■ir(sa>' Mr, .M.), nothing could be (livi.-("i i^/,
ilisingcnuous and deceptive. ],ct us lo,,i; ,|', '
brielly. 1'he idea is, that the oM Statea irrani.
these lands to the new for an implied cou>iij,.,
tion, and resulting benelit to tin iii.«elvi',s • iv
it was a sort of Iiulian gift, to be nfimi ,
with increase. Not so, sir, at all. If y\f_ y
understood the motives inducing those unm'
they were paternal on the part of the old .Siau-
proceeding upon that generous and nohlc iiU;.
ality which induces a wealthy futiior to udviui,
and provide fo' his children. This «•»,; i] ,
moving consideration, though he (Mr, M.) «■]<
aware that the grants in aid of the iin]iruv
ments of the new State:? and tcrritorios wc,
ujion consideration of advancing the silo u;,
improvement of the remaining lands in 11,^.,
States held by the United States."

The proposition of Mr. Allen was dispose! i,f
by amotion to lie on the table, which prcvail((l-.|
one hundred and fourteen to eighty-one vou-F
but the end of these propositions was hot v.|l
Another motion to divide surpluses wa.s to I
made, and was made in the expiring days of ;!,
sessio.i, and by way of amendment to the n-vl
lar fortification bill. Mr. Bell, of 'JenriesHif
moved, on the 25th of February, that a furtli
deposit of all the public monies in the trtasuryl
on the first day of January, 1838, above
sum of five millions of dollars, should be"dci»
sited " with the States, according to the terms of|
the "deposit" bill of the preceding session: .mj
which would have the effect of making a .siconi
"deposit" after the completion of the first onol
The argument for it was the same which y.
been used in the first case ; the argument again
it was the one previously used, with the ad<Jij
tion of the objectionable proceeding of springinJ
such a proposition at the end of the sessiji
and as an amendment to a defence appropriatioi
bill, on its passage ; to which it was utterly i
congruous, and must defeat ; as, if it failed I
sink the bill in one of the Houses, it must ceij
tainly be rejected by the President, who.
was now Known, would not be cheated .i«ij
with the word deposit. It was also opposed!
an act of supererogation, as nobody could i
whether there would be any surplus a vei
hence ; and further, it was opposed as an act il
usurpation and an encroachment upon the iij
thority of the ensuing Congress. A new Coi

ANNO 1830. ANDHIIW .lACKSO.V. ITJISIHr.NT.

711

ts of the public lamlB in tli.- ».-
1, s|)ocif)'inK the iiiutivi! .,r e,

which thvy wiTf m^h. l;
it nil equal quniilify AmM i,
)l(l StatoH, to nmki! tluin ft..j,,
svrH in the jMihii'; lamlN .\,,
), iiotliiii}; could tie (IivIm"! i;, ,;
1(1 (liToiitivo. 1,1't us li«,k lit
ca is, iliiit the <M Statua i:r;iiii. ||
he new for an implied coii>iil(.i ■
iut; lieuetit to thiin>elvfs ; i',-
of Indian f;;il't, to he r(f;iii.i,,|

Not so, Bir, at all. If Mi', \|,
• niolrvcs inducin,;; those ijnin'.
nal <in the part of the old Mau>;
n that generouB and iiohlu HIm.
A1CC3 a wealthy father to udMini .
r his children. This wiw il,,,|
eration, though he (.Mr.M.)\vai
B giants in aid of the iiiipi'ov' •
new State? and territoiiv's \vi;,..
ution of advancing the sile a;, 1
of the remaining lands ii\ tlu ,.

the United States."

tion of Mr. Allen was disposti if j
lie on the table, which prcvailcil-l
and fourteen to eighty-one vuti.
f these propositions was not y.tj
on to divide surplu-ses was to 1
8 made in the expiring days of ;Li
y way of amendment to the W'^A
)n bill. Mr. Boll, of 'renncs-tij
3 25 th of February, that a furtlii
the public monies in the troasurjl
day of January, 1838, above tl,<
iUions of dollars, should be"']cf
le States, according to the terms
' bill of the preceding session ; aiiij
have the effect of making a sucoiiij
;er the completion of the first ow
it for it was the same which h*
the first case ; the argument agaiixj
le previously used, with the addil
yectionablc proceeding of springiaj
jsition nt the end of the sessi.il
lendment to a defence appropriatio
iissage ; to which it was utterly inl
Dd must defeat ; as, if it failed tl

in one of the Houses, it must kiJ
yected by the President, who,
own, would not be cheated n"i|
rd deposit. It was also opposed ;
ipererogation, as nobody could td
;re would be any surplus a p

further, it was opposed as an act (
md an encroachment upon the iij
ho ensuing Congress. A new Co

I ^t-, «as to 1)c cli'ctc<l, and to asseniblo l)efi>rc
,jat time ; the present Congress would expire
^T gix (lays : nn'I it was argued that it was mi-

ihcr ri^'lit nor deci'iit to anticipate their siica's-
L,r?, and do what they, fresh from the |)coplo,
ini:ht lift do. Mr. Yell, of Arkansiis, was thu

•nr.fipfil speaker ng.iinst it ; an/. ,:aid :

-I voted. Mr. Speaker, against the ainond-
Iticnt priposcd by the gi'ntknian from Tiii-
;,>,.ie (Mr. liell), because I am of opinion that
|;j;;l,ill, if i)assed, and sanctioned by the I're-
loioiit— and I trust that it never will receive
Ittecountcuance of that distinguished niiin and
liliistrioiis statesman — will at once establish a
jiv-teiu demoralizing and corrupting in its in-
Ifcciict'S, and tend to the destruction, of the
Lvea'ignty of the States, and render them de-
Ipiant suppliants on the general govcniment.
Irds measure of distribution, since it has been
liliobby-horse for gentlemen to ride on, has pre-
Isented an anomalous spectacle ! The time yet
Iklongs to the history of this Congress, when
jtcnorahle gentlemen, from the South and West,
lure daily found arraying themselves against
hm species of unn-jcessary taxation, boldly
iwing that they were opjwsed to any and all
luiiif systems which would yield a revenue be-
loud the actual wants and demands of the gov-
limuicnt. Such was their language but a few
tctk-'i or months ago ; and, in proclaiming it.
Iky strup:gled hard to excel each other in zeal
1 violence. And now, sir, what is the spec-
tic we behold ? A system of distribution —
lotiicr and a specious name for a system of
^rkrij has been started ; the hounds are in full
v; and the same honorable and patriotic gen-
littnen i.ow step forward, and, at the w ..h-
W of 'put money in thy purse; aye, put
»ney in thy purse,' vote for the distribution
r bribery measure ; the effect of which is to en-
kil on this country a system of taxation and
Vpression, which has had no parallel since the
fvs of the tea and ten-penny tax — two frightful
iires of discord, which roused enfeebled
[ilonies to rebellion, and led to the foundation
f this mighty republic. But we are told, Mr.
aker, that this proposed distribution is only
r momentary duration ; that it is necessary to
Jlieve the Treasury of a redundant income, and
ut it will speedily be discontinued ! Indeed,
Jr! What evidence have we of the fact ? What
lidence do we require to disprove the assertion ?
lis schem(; was commenced the last session ;
I has been introduced at this ; and let me tell
1, Mr. Speaker, it never will be abandoned so
b as the high tariff party can wheedle the
Wie with a siren lullaby, and cheat them out
Itheir rights, by dazzling the vision with gold,
i deluding the fancy by ihe attributes of so-
L'try. Depend upon it, sir, if this baleful
kteni of distribution be not nipped in the buJ,
ViU betray the people into submission by a
cics of tuxatiou which no nation on earth

shduM <ndun\ Sir, c(>nfinur<J Mr. Y^ I ent^r

niy protest against ;i systtin of biiivaiii niid cor-
niiiti..n, which i-t to be twivuted \>y imrtif". of
ditHrciit p(.liti.-;»I ii>tn|ilcxi.ins. for tip' |iiiri>ovn
of (lividin;: the .vy r.;7.v which thevhavf |iliiiil(i-c.|
from the \)v«iU: If tlic salcsof the pu'dic IiukU
nie to Ih.' CDiitinui'd fm- tin- lit'iidit of llic si^mh-
hitors u!i<) go to (he West in imiltitu.Iis f.r t' a
piirpo,se of t<L'iilhj .stnilinw the lands and iiii-
provenienfs of tliu people of the , ew States, I
hope iny constituents may know wh<) it is tint
thus inipo.ses upon them "a system oi' liL-dlizm'
fraitfl iinil niipri'-initin. 1.*", sir, my consiituents
are to be saciiliced by tlie mainteiiance ofn sys-
tem of persecution, got up and carried on for the
purpii-^r ((f filling till" jiockets of (illuis to their
ruin, I wish tliein to know who is the author of
tlie enormity. 1 had hojied. Mr. Speiikci-, and
that hope has not yet been abandoned, that if
ever this branch of the government is lii'iit on
the destruction of the rights of the people, ami
a viohiti(m of the Constitution, there is yet ono
ordeal for it to pass where it may bo shorn of
its baneful aspec And, Jlr. Speaker, 1 trust
in God that, in its passage through that onlcni,
it will find a qniitiis."

Mr. Bell's motion succeeded. The socotki
'•deposit" act, ))y a vote of 112 to 70, was en-
grafted on the appropriation bill for completing
and constructing fortifications; and, thus loaded,
that bill went to the Senate. Being refera-d to
the Committee on Finance, that committee direct-
ed their chairman, Mr. Wright of New- York, to
move to strike it out. The motion was resisted
by Mr. Calhoun, Mr. Clay, Mr. AYebster, Mr.
White of Tennessee, Mr. Ewing of Ohio. Crit-
tenden, Prcston, Southard, and Clayton; and
supported by Messrs. "Wright, Benton, Bedford
Brown, Buchanan, Grundy,Niles of Connecticut,
Hives, Strange of North Carolina: and being
put to the vote, the motion was carried, and the
" deposit " clause struck from the bill by a vote
of 20 to 19. The yeas and naj's were :

"Yeas— Messrs. Benton, Black, Brown, Cuth-
bert, Ewing of Illinois, Fulton, Grundy, Hub-
bartl. King of Alabama, King of Georgia, Linn,
Lyon, Nicholas, Niles, Norvell, Page, Parker,
Rives, Buggies, Sevier, Strange, Tallinadge,
Walker, Wall, Wright— 20.

"Nays — Messrs. Bayard, Calhoun, Clayton,
Crittenden, Davis, Ewing of Ohio, Ilendricks,
Kent, Knight, Moore, Prentiss, Preston, Rob-
bins, Southard, Spence, Swift, Tomlinson, Web-
ster, White— 19."

Being returned to the House, a motion was
made to disagree to the Senate's amendment,
and argued with great warmth on each side, the
opponents to the "deposit" reminding its friends

712

TIIIRTV YKARS* VIEW.

of tlio loss of a previous appropriatifin bill for
fortifications ; and warninR them that their per-
severance must now have the fame effect, and
opevate a sacrifice of defence to the spirit of dis-
tribution : but all in vain. The Kjodon tc di^-
a;^ree wa» carried — 110 to 94. ilie disj.uteil
clause then went through all ilv parlitiiK'ntarj'
forms known to the occasion, 'f'iio S .i.i:« "in-
sisted "on itsarncndnif 1 t : amotion to'T-r- de"
was made -i.nd lost in iho IIohl-. a ni-jv.on V>
"adhere" wn- iuado, an i prcvai'i li : then the
Senate "adiK-n-! ": then a commit loe of "con-
feronco" wa-s ,'i;i)H.iinted, and ttioy " di.'^agrced."
This being reported to the Houses, liir bill fell—
thn fortification appropr!,itions '..cpe lost: nnu ;a ,
this 'lirect issue botwucn tiio plunder of the j
country, and the defence of l:e counf vy, del' - i
wns beaten. Such was iho deplorable progress
which the spirit of distribution had made.

CHAPTER OLVII.

MILITAUY ACADEMY: 1Tb lUDIXG-IIOJSE.

The annual appropriation bill f >r the support of
this Academy contained a clau.'o for the purchase
of forty horses, " for instruction in light artil-
lery and cavalry exercise ;" and proposed ten
thousand dollars for the purpose. This purchase
wa.s opposed, and the clause strirken out. The
bill also contained a clause proposing thirty
thousand dollars, in addition to the amount
theretofore appropriated, for the erection of a
building for "recitation and military exercises,"
as the clause exprcssed itself. It was under-
stood to be for the riding-house in bad weather.
Mr. McKay, of North Carolina, moved to strike
out the clause, upon tie ground that military men
ought to be inured to hardship, not pampered
in effeminacy ; and that, as war was carried on
in the field, so young ofHccrs should be learned
to ride in the open air, and on rough ground,
,ind to be afraid of no weather. The clause was
stricken out, but restored upon re-consideration;
in opposition to which Mr. Smith, of Maine, was
cho principal speaker ; and said :

'• I beg leave to call the attention of the com-
mittee to the paragraph of this bill proposed to
be stricken out. It is an appropriation of thirty
thousand dollars, in addition to the amount al-
ready appropriated, for the erection of a build-
ins within which to exercise and drill the cadets

ttt ■West Point. The gentleman from T. im.
vania [Mr. InporsollJ who reported this l„i| ];
, who never enii'tiges lumself in any sutijc ; ,jj.
out making hiniself entire master of all it<\,,
; will do the committee the justiee^ I tni!^i
inform tliem, when he shall next takf tdf Mi<ie building, in which to exercise thoi
det.'', iu'ually has Ix'en ; that, if we (!i'pi,|i. ^
the {>y> ( riety of having such abuiMin? Wfin,
n1s(' k-A ■. • how much we have heretofure tnk
"rorn ■: public Treasury for its ercrtjim'ji;
*ov, liut sum the thirty thousand dollar-, rui
propos('(i will Iw an addition.

" The honorable gentleman from Xe\v-Y(,>
pir. Cam! ireleng] says this proposedhuiM,;
IS to pr 'feet the cadets during the inolointni
o( he w' Iter season, when the snow is fioim,,.'
VM six feet deep ; and has urged upon the (r,|,i
iiuHcc the extreme hardship of reqiiiriiii;
cid'. t-J to perform their exercises in the o]Knaii
in sui;}i an inclement and cold region as tliii
where AV'est Point is situated. Sir, if the "^
tlenian would extend his inquiries somowiia
further North or East, he would find tliat ai
points where the winters are still more inciir
ent than at West Point, and whore the ^nm
lies for months in succession from two ti- ti;h
feet deep, a very largo and useful and respectahii
portion of the citizens not only incur the snow
and storms of winter bj' day without workslicj
or buildings to jirotcct them, but actually purfiJ
the business of months amid such snows an|
storms, without a roof, or board, or so much a
a shingle to cover and protect them by eithd
day or night, and do not dream of muinmriiiJ
But, forsooth, the 3'oung cadet at West Poin|
who goes there to acquire an education for him
self, who is clothed and fed, and even paid fa|
his time, by the government while acquirini; j
education, cannot endure the atmosi)hcre
West Point, without a magnificent building ti
shield him during the few hours in the wwi
while in the act of being drilled, as part of 1
education ! The government is called upon i|
appropriate thirty thousand dollars, in additi
to what has already been appropriated for til
purpose, to protect the j'oung cadet, who is pn
paring to be a soldier, against this temponii
and yet most salutary exposure, as I estitm i|
Sir, is Congress prepared thus to pamper tJ
effeminacy of these young gentlemen, at su
an expense, too, upon the public Treasury?
it not enough to educate them for nothlufr. i
to pay them for their time while you are tdua
ing them, and that you provide for their comfoi
able subsistence, comfortable lodgings, and i
the ordinary comforts, not to say numm
luxuries of life, without attempting to keepthej
for ever within doors, to be raised like childreii
I am opposed to it ; and I think, whenever i
people of this nation shall be made acquaint^
with the fact, they too will be opposed to it
" The gentleman from New- York says thea
posure of the cadets is very great and 1

ANNO 183rt. ANDREW JACKSON', TiviyiltKNT.

'13

Tlio pentlcman from rtim.vl
crHoll] who n'portcd tliis tnH ,,,
ifTCH himself in any siitiicrt \ti;
nsclf entire masUT of all its pur-,
^mmittoe the justice, I tni^t, t<
rhen he shnll next take the fl„
lint heretofore appropriatcil fi,
linfi, in which to extn'isy ti.(. ,.
ins l)een ; that, if we (kri.k.
)f havinp such ahniMinc, we nwj
r nuich we have heretofure tiikii
ic Treasury for its crcrti.m. anij
tho thirty'thousanil ilollai-i noj
Im! an addition.

able pentlcman from Now-Yi.r
-■np] says this propoHcl hiiiMi;,i
he cadets durinp the incleiiuiKj.
reason, when the snow is fiom twJ
p ; and has urpcd upon tlie mu
ctrcme hardship of rcf|uirinf: tht
)rm their exercises in the ojkii sil
clement and cold repion as tha|
'oint is situated. Sir, if the ^rcni
I extend his inquiries pomuwliaj
h or East, he would find that a|
tho winters are still move inckw]
iVcst Point, and where tlic mi'i
IS in succession from two ti. ei;L
;ry large and useful and respcctabij
e citizens not only incur the snow^
f winter by day without workshori
,0 protect them, but actually pursiij
of months anud such snows anl
3ut a roof, or board, or so much l
jover and protect them byeithj
and do not dream of mnimiirini
the young cadet at West Poiil
s're to acquire an education for hinf
'lothed and fed, and even vaidL
the government while acquiring IJ
annot endure the atmosphcrc tJ
without a magnificent buiWingi
uring the few hours in the mi
act of being drilled, as part of hi
The government is called upon i|
thirty thousand dollars, in ndJitr
already been appropriated for t!i
protect the young cadet, who is pr#
, a soldier, against this temrorar
t salutary exposure, as I esteem i
ress prepared thus to pamper t»
of these young gentlemen, at suH
too, upon the public Treasury?
h to educate them for nothiufj
for their time while you arc educi
id that you provide for their con^uri
tence, comfortable lodgings, and i
y comforts, not to eay numeroj
ife. without attempting to keepth^
bin doors, to be raised like diiW
cd to it ; and I think, whenever tl
lis nation shall be made acquaint
:t they too will be opposed to it
itieman from New-York says the e
the cadets is very great and t*

Lore "•'"'' ''"*•'"'• •^^''y """^ required to por- 1

l^funip duties for three inoiith'^ in the year.

i.stnio, t'ir. that the law of Conpress impowii

U* nviiitliK' cainj) duty upon the cadet. Hut

' iiune tender s|)irit of pimrdianship which has

|^«^tcil the cxjR'diency of lionsing tho cadetH

n the atmosphere while peifonning their drill

l^jjijiand exercise.'' has in some way construed

Ltav one thinl of tlie law of Conpress ujion this

u,,(t ; and, instead of three months' camp duty,

ithc law requires, the cadets are required, by the

I'ts and repidations of tho institution, to camp

jtonlv two months of the year; and for this

rri(.5e. sir, every species of camp utensils and

', f'lniittire that povcmmcnt money can pur-

IjiiK; is jirovidcd for them; and this same duty,

to, pictured forth here by the pentleinan from

Lr-Voik as a severe hardship, is in fact so tern-

\tv\io the cadets as to become a mere luxury — a

B;ur(if absolute preference among tho cadets.

[jitentUinan from New- York will find, by the

and regulations of the Academy, the

ijth;; of July and August, or of August and

fvmber, are selected for this camp duty:

>ons of the year, sir, when it is absolutuly

[laxiiry and privilege for the cadets to leave

jeir close quarters and confined rooms, to per-

jm duty out door, and to spend the nights in

Itir well-furnished camps. Sir, the hardships

tj exposures of the cadets arc nothing com-

1 with those of tho pcnerality of our fellow-

jzcns in the North, in their ordinary pursuits ;

i vet we aie called upon to add to their luxu-

ij-two hundred and fifty dollar horses to

, fplcndid camp equipage to protect them

I the dews and damp air of summer, and

hfnificcnt buildings to shield them in their

inter exercises. I think it is high time for

cress, and for tho people of this nation, to

k seriously upon these matters, and to in-

|irc with somewhat of particularity into the

meter of this institution.

I'Biit the honorable gentleman from Pennsyl-

(Mr. Ingersoll), has volunteered to put

liroimtation of the West Point Academy for

rality in issue at this time, and sets it out in

Lent description, as pre- eminently pure and

mroacliablc in this respect.

pir, doe? not the honorable gentleman know

« the history of this institution, within a few

Lrs back only, bears quite diflerent testimony

■n this subject 7 Does not the gentleman

m the fact — a fact well substantiated by the

lister of Debates in your library — that only

years since the government was forced

D the necessity of purchasing up, at an ex-

b of ten thousand dollars, a neighboring

fcm stand, as the only means of saving the

itution from being overwhelmed and ruined

jthe gross immoralities of the cadets 1 Is not

I ^ntletnan aware that tho whole argument

1 to force and justify the government into

[purchase was, that the moral power of the

idemy was unequal to the counter influences

Ihe ucighboring tavern ? And are wo to be

told, sir, that thix in«titiition staiid-i firth in iti
history prr-ciiiiueiilly pMie, and almv) coiii-
parisoii with the institutiont tli.it cxi-t upon
the private enterprise and imitulirenn', and
thirst for kunwlcd^'i', tliiit cliarai'tfri/.e our
coiinfrynien ? I nmkc th '^e siip'^csti'iix. ami
allude to theM- fiefs, not vohntarily, and from
a wish to create a diseiission upon either the
merits op diiiurits of the A<a-!einv. When I
made the proportion to strike fnun this Mil
the ten thousand dollnrs proiKised to tie appro-
priated for the piireliuse of horses, I luillier iii-
tiiled nor desired to enter into ii diseii-sjon of
the institution. I have not now spoken, except
upon the iiiipuKe pivcn by the remarks of
tho p.>ntlenu'n from New-York and I'ensyl-
vania ; and now, instead of poinp into the faits
that do exist in rehition to the Acudeniy, I can
assure pentlemen that I have but scarcely ap-
proached them. I hiivo been willinp, ami am
now willinp. to have these facts broiipht to light
at another time, and uiioij a projier occasion
that will occur hereafter, and leave the jieoplo
of this nation to judpe of them dispassionately.
A report upon tho subject of this institution
will be made shortly, ns the lionorable pentle-
man from Kentucky (.Mr. Ilawes) has assured
the house. From that report, all will be able to
form nn opinion as to the policy of the institu-
tion in its present shape and under its present
discipline. That some grave objections exist to
both its shajx; and discipline, I think all will
apree. But I wi.sh not to discuss either at this
time. Let us know, however, and let the coun-
try know, something about the expensive build-
ings now in progress at "West Point, before wo
conclude to add this further appropriation of
thirty thousand dollars to tho expenses of tho
institution ; and, while I am up, I will call tho
attention of tho honorable gentleman who re-
ported this bill to another item in it, which
embraces forage for horses among otlicr matters,
and I wish him to specify to the committee what
proportion of the sum of over thirteen thousand
dollars contained in this item, is based upon tho
supposed supply of forage. We have stricken out
the appropriation for purchasing horses, and ano-
ther part of tho bill provides forage for the of-
ficers' horses ; hence a portion of the item now
adverted to should probably be stricken out."

The debate became spirited and disciusivo,
grave and gay, and gave rise to some ridiculous
suggestions, as that if it was necessary to pro-
tect these young officers from bad weather when
exercising on horseback, it ought to be done in
no greater degree than young women are pro-
tected in like circumstances — parasols for the
sun, umbrellas for rain, and pelisses for cold :
which it was insisted would be a great economy.
On the other hand it was insisted that riding-
houses were appurtenant to the military colleges
of Europe, and that fine riders were trained in

714

TIIIIITV YEARS' VIKW.

tlifso BfliDol.i. T lie S''f,<>00, in addition to pre-
vious njiiiropriations for tliu wiint' piiqioso, wiw
pranti'il ; but lia-t bwn found to Ikj insufticicnt ;
mid 11 lalo Iioiird of Visitors, following the luad
of the SuptTintendi-nt of the Academy, and
powerfully backed by the >Vnr Ollice, at Wash-
iii;;ton City, has earnestly recommended a fur-
ih.r additional apiiropriation of .*fi!O,O0O, Htill
further to improve the ridiufj-honse ; on the
ground that, "the room now iiscd for the pur-
pose is extremely dan^^crous to the lives and
limbs of the codets." This further accommoda-
tion is decm^-d indifpensablc to the proper teach-
ing of the art of "equitation:" that is to say,
to the art of riding; on the back of a horse ; and
the Visitors recommend this accommodation to
Congress, in the following pathetic terms: "The
attention of the committee has been drawn to
the consideration of the expediency of erecting
a new building for cavalry exercise. "VV'e are
awaro that the subject has been before Con-
gress, upon the recommendation of former boards
of Visitors, and wc cannot add to the force of
the arguments made use of by them, in favor
of tl>o measure. ^Yo would regret to bo com-
pelled to believe that there is a greater indifibr-
cnce to the safety of human life and limb in
this country than in most others. It is enough
for us to say that, in the opinion of the Super-
intendent, the course of equitation cannot bo
properly taught without it, ' and that the room
now used for the purpose is extremely danger-
ous to the lives and limbs of the cadets.' In
this opinion, wc pntirely concur The appro-
priation i-equired for the erection of such a
building will amount to some $20,000. We can
hardly excuse ourselves, if we neglect to bring
this subject, so far as we are able to do so, most
emphatically to the notice of those who have
the power, and, we doubt not, the disposition
also, to remove the evil."

that what upon the record is atnx nfal/i.iit i
I per centum, is in the reality a la.x (,f -jio

CHAPTER CLVIII.

SALT TAX: MK. BENTON'S FOUETII SPEECH
AGAINST IT.

The amount which this tax brings into the
treasury is about 000,000 dollars, and that upon
an article costing about 650,000 dollars; and
one-half of the tax received goes to the fishing
wunties and allowances founded upon it. So

cent\un ; and that ujon an nrtidu {,{ i.pj,,,,,
ccBsity and universal usi-, while we liuvearii
of luxury and sujierfluity — wines, silks— iji,
free of tax, or nominally taxed at hoiho tm
twenty jHjr centum. The bare statoinunt of i
cose is revolting and mortifying; hut it !,,,■
by looking into the detail of tliu tax-
amount upon different varieties of salt— i|<
feet upon the trade ond sale of the articl'.— n.
its importation and u.sc — and the coiigciim.i
upon the agriculture of the country, fur «,
of adequate supplies of salt — that the wiii
of the tax, and the di3a.«trous efficts of its
position, can be ascertained. To tii iljlf (i
Senate to judge of these eflects and conscfiiioi
COS, and to render my remarks more intelii-
I will read a table of the import:, on of>(
for the year 1835 — the last that has lieun m;
up — and which is known to bo a fair inj^x
the annual importations for many yta's ii
With the number of bushels, and the naii;e
the country from which the importations coi
will be given the value of each parcel nt the i.li
it was obtained, and the original cost perlud

Statement of the quantity of Salt importl
into the United States during the year bi
with the value and cost thereof, per buslielj
thi place from which it was imported :

No. of (

Countries, busliuls. r,

Sweden and Norway, 8.55G ^572 C

Swedish West Indies, 0,850 708 In

Danish West Indies, 2,351 380 IC

Dutch West Indies, 141,500 12,907

England, 2,013,077 412,507

Ireland, 51,954

Gibraltar, 17,832

Malta, 1,500

British West Indies, 959.780

12.270

1,385

British Am. Colonies, 138,693
France on Mediterra- 30(548

nean,

118 :

98,497 10
30,374

2.155

10,700
5.443

Spain on Atlantic, 300,140

Spain on Meditcrran., 101,000

Portugal, 780,000 55.087

Cape de Verd Islands, 8.134 751 9 I

Italy, -----

Sicily,

Trieste,

Turkey,

Colombia,

Brazil,

Argentine Republic,

Africa,

30,742

5,780

7,888

9.377

17,102

250

402

5,733

1,580
150
255

41
• I

984 10 Ij

1,227

G15

5,735,364 655,000

ANNO 1838. AMjUKW JACKSON, rUl^slDI.-M.

715

n the rcconl irf ntr.x of al^Mi> ]

in thi! nality a tax (,f 'jo

hat 111 oi\ '^" i^rMv cif jiriini

iversal uw, whili; we liuvearti.i

BU|)crlltuty— wiiu's, silks-fity

nominally taxed at Home tm

ntum. The hare Kt!»ttiin.nt (,f t|

ng ami morlifyinf; ; hut it is <,;|

into the detail of the tux-jj

different varieties of salt— its

trade and sale of the anielo- uj;,

n and use — and the consciimiia

culture of the country, fur wn

supplies of salt — that tlio wti-

id the disastrous cffL'cts of its

be ascertained. To ii iblc t|
Ige of these efl'tcts and coiiscchk
:ndcr my remarks moru intt'lli;:il
I table of the import;, yii of «^
1835— the last that has Wn ma
ch is known to be a fiiir inJix |
tnportations for many yta-s la
amber of bushels, and the naii.e |
from which tho importations coij
1 the value of each parcel at tlie \]i
icd, and the original cost iicrlusl

; of the quantity of Salt imporJ
itcd States during the year li-l
ue and cost thereof, per ljusliel,|
»ra which it was imported :

No. of

^572 C!

708 Irt
V,

Norway, 8,55G
;st Indies, 0,850

;t Indies, 2,351 380

t Indies, 141,500 12,9(i7 'J

■^ ' 2,013,077 412,507 IG

51.954 12,27fi

17,832 1,385 7

1,500 US 7

fet Indies, 959,780 98,497

Colonies, 138,593 30,374

Mcditerra- 52048 2,155

klantic, 300,140

editerran., 101,000

780,000

!rd Islands, 8,134

' 30,742

5;78G

ir),7('i0

5.443
55.087
751 9H

1,580 4
150 "'

lepublic.

7,^

9,377

17,102

250

402

5,733

5,735,364 055,000

Klr.H- would remark that snU,l)ctni; brmght

jlliytjlhe preato.-^t (piantity raine frtun Knj:-

\s\wTsi wo had the largest trade ; an<l th»t

„uK)rtation, with a tax ujwn it, Ixinjj merely

in-ntal to lra<le, tliis prcatcnt (luantity came

Lj, the place wliero it cost most, ami was of

MjlVriiir kind. The salt from Kngland was

;lvone lialfof tho whole quantity inii)orted;

,.,stwas about sixteen rr its a bushel; and

imlity wa.s so inf'Tior iliat neither in the

iittd States, nor in Great Britain, could it bo

Ifur curing provi.^ions, fisli, butter, or any

: that rcquirea long keeping, or exposure

Lutliorn heats. This was tho salt commonly

! Liverjioo!. It wa.s made by artificial heat,

j never was, and never can be made pure, as

lEcro agitation of the boiling prevents the

ation of the bittern, and other foreign and

ionoiis ingredients with which all salt water,

ieven mineral salt, is more or less improgna-

Tiie other half of the imported salt costs

\\tii than tho English salt, and is infinitely

lerior to it ; so far superior that tho English

liwiU not even sen'o for a substitute in the

lortant business of curing fish, and flesh,

[long keeping, or southern exposure. This

haj made by the action of tho sun in tho

ItiKlcs approaching, and under tho tropics.

1 kgin to obtain it in the West Indies, and

Ibrge quantity on Turk's Island ; and get it

jail the islands and coasts, under tho sun's

'from the Gulf of Mexico to the Black Sea.

I Cape de Verd Islands, the Atlantic and

Ijiterranean coasts of Spain and Portugal, the

klerranean coast of France, the two coasts

luiy, the islands in the Mediterranean, the

of tho Adriatic, tho Archipelago, up

|ie Black Sea, all produce it and send it to

The table which has been read shows that

I original cost of this salt — the purest and

igcst in the world — is about nine or ten

i a bushel in the Gulf of Mexico; five, six

IseTen cents on the coasts of France, Spain

iPortugal ; three and four cents in Italy and

lAdriatic ; and less than three cents in Sicily.

jill this salt beais one uniform duty ; it was

Itrenty cents a bushel, and is now near ten

i a bushel; so that while the tax on the

lish salt is a little upwards of fifty per cent.

lieTaUic, the same tax on all the other salt

pone hundred to two hundred, and three

»d and near four hundred per cent. The

sun-mnde salt is rhielly UMd in the (Inat Wi<t,
in curing pniviKJons ; the Livtipo..! in cliu liy
used on the Atlantic roa.''ts; and thus the fao
pie in dilVereiit scrtjon..* of tin- I'liion piiy .lillfr-
cut ihgrecs of tax ui«.i) tin- canu- ai'ti.ifs. nii.l
that wiiich cost.s kust is taxed most. A tnv
ranging to .some hundnd p< r .'I'lit. is iti ililfini
cnonuous tax ; and thus the duly cMlected by
the federal government from all the consiunerc
of the snn-nuwk salt, is in it:Hll' cxcc-isive;
amoimting, in m.iny instances, to double, tnlilc,
or even quadru|)le tlie original co.<t of tin- art icli'.
This is an enonnity of taxntiou which strikes
the mind at tlic first blu.-^li ; but, it is only tho
beginning of tho enormity, tlio extent of wliic!!
is only discoverable in tracing its ellects to all
their diversified an 1 injiuious conscciuences, la
the first place, it chicks and prevents tiio im-
portation of the salt. Coming as ballast, and
not as an article of commerce on wliich profit is
to be made, the sliipper cannot bring it except
he is supplied with moufy to pay.tiio duty, or
surrenders it into tho liands of salt dealers, on
landing, to go his security for the payment ui
the duty. Thus, tho importation of the article
is it.sclf checked ; and this check operates with
tho greatest force in all cases where tlie nrigimd
price of the salt was least ; and, therefore, where
it operates most injuriously to tho coiuitry. In
all such cases the tax operates as a prohil)ition
to use salt as ballast, and checks its importation
from all tho places of its production nearest tho
sun's track, from the Gulf of Mexico to Con-
stantinople. In tho next place, the impo.sition of
the tax throws the salt into the hands of an in-
termediate set of dealers in the seaports, who
either advance tho duty, or go security for it,
and who thus become possessed of nearly all
the salt which is imported. A few persons em-
ployed in this business engross tho salt, and fix
the price for all in the market ; and fix it higher
or lower, not according to the cost of the ar-
ticle, but according to tho necessities of tho
country, and the quantity on hand, and tho sea-
son of the year. The prices at which they fix
it are known to all purchasers, and may be seen
in all prices-current. It is generally, in the case
of alum salt, four, five, ten, or fifteen times as
much as it cost. It is generally forty, or fifty,
or sixty cents a bushel, and nearly the same
price for all sorts, without any reference to the
original cost, whether it cost three cents, or five

msM

716

TIIIRTV YEAFW VIEW.

wnt*, or ten n-nt", nr ilfiif n conto a l)Uslif1.
Alxtut OIK' iinifnriii priio \h put on thi.- wlmli',
ami tlin pun'tiiiHor liim to submit to the iiii|)Osi-
tion. This rcMilts rmm the clFwl of the tax,
tlirowin;; tin- nrti<It', wliich is notliinp hut hnl-
lai-t. infii the lii.uils of snltdtaltTM. The importer
(locn not hriii;; more money than tho Halt is
worti), to pay the (hityj hi' <loeg not come pre-
pared to pay n heavy chity on his ballast ; he
has to (k'lPi nd upon raising tlio money for pay-
ing tlie duty after hu arrives in the United
States ; and this throws him into the hands of
tho salt dealer, and suhjects the country pur-
chaser to all tlie fair eharfres attending this
cluiipe i>f hands, ami this eHta>ilishment of an
intermediate dealer, who must have his profits ;
and also to all the adilitionnl exactions which
he may choose to make. This should not be.
There should lix) r.o costs, nor charges, nor in-
termediate profits, on Hiieli an article as salt. It
comes as ballast ; as balla^ t it should be handed
out — should bo handed from tho shiji to the
steamboat — should escape port char/es, and in-
termediate i>rofits — and this would be the case,
if tlie duty m as abolished. Thus the charges,
I'osts, profits, and exactions, in consequence of
the tax, arc greater than tho tax itself! lUit
this is not all — a further injury, resulting from
the tax, is yet to Ijc iullicted upon tho consumer.
It is well known that tlio measured bushel of
alum salt, and all snn-inade salt is alum salt —
it is well known that a bushel of this salt weighs
about ei;ihty-four pounds; yet the custom-house
bushel goes by weight, and not by measure, and
fifty-six pounds is there the bushel. Thus tho
consumer, in consequence of having tho salt sent
through tho custom-house, is shifted from the
measured to tho weighed bushel, and loses
twenty -eight pounds by the operation ! but this
is not his whole loss; the intermediato salt
dealer deducts six pounds more, and gives fifty
pounds for the bushel ; and thus this taxed and
custom-housed artfcle, after paying some hun-
dred per cent, to tho government and several
I uidred per cent, more to the rcgraters, is
worked into a loss of thirty-four pounds on every
bushel ! All these losses and imjwsitions would
vanish, if salt was freed from the necessity of
passing the cust< i-houses; and to do that, it
must be freed in Mo from taxation. The slight-
est duty would operate nearly the whole mis-
rhicf, for it would throw the article into the

hatwN '.f n'pmters, and would i«n»«tit,ne
wei;.'h((l fur the niea.'iuri"! l>Uhh<!.

Such are tlie direct injuries of tj,i. ,^|, J
a fax enormous in itself. disproporijoiKu,. , |
application to the name article in iliirtMiti
of the rniiin, and Uaring hnrdist ii|<„, ,1
kind which is cheapest, Inist, ond mn-t . j
pensable. Tho levy to the govir iiiikiu ,, .,
mous. ^(;r(0,(i()() per nnntiiii i\| .m an artici . J
worth about ^fiOO,Oi)0 ; but what tin,' (.,,,.1
ment receives Ls a trifle, compared to «|,J
exacted by the regrater,— -what is io,t i,, ,
difference between tho weighed nnd th,, ,j
Hured bushel, — and the lofs whieh tin. f,.
sustains for want of aderpiate supplii.si.f ,,,
his stock, and their food. Asgutnini; tin
eminent tax to Ite ten ci rits a Imulu!, tlic ;,*
age cost of alum salt to he eeven cents, nn| I
i-egrater's price to be fifty cents, and it j* i
that he receives upwards of three tiims u jJ
as tho government does ; and tlmt the trij
to those rcgraters is near two millions of iiJ
per annum. Assuming again that tliirivJ
pounds in the bushel are lost to the cnn«uj
in tho substitution of the weighed for the i
sured bu.shel, and here is another loss ntiwl
ing to nearly three-eighths of the v.iluo df I
sivlt ; that is to say, to about lill25{),ui i) oij
importation of $050,000 worth.

These detailed views of tho cporatifinj
effects of the salt duty, continued Mr. Ii„ t
tho burdens of that tax in the most o !iuuj|
revolting light; but ♦ho picture is not veto
plete ; two other features aro to bo introdj
into it, each of which, separately, and still t
both put together, go far to double its enon
and to carry tho iniquity of such a taxiiptd
very verge of criminality and sinfulness,
first of these features is, in tho loss wliich|
farmers sustain for want cf adequate sura
of salt for their stock; and the second. ^
the fact that the duty is a one-sided tax,
imposed only on some sections of the UJ
and not at all upon another section of|
Union. A few details will verify the>e i
tional features. First, as to the loss whicJ
country sustains fc* want of adequate Biip^
of salt. Every practical man knows tlmt e
description of stock requires salt— hogs. h(J
cattle, sheep; and that all the prepared!
of cattlo requires it also — hay, fodder, m
shucks, &c. In England it is ascertained

AXSO IM7. ANIjUKW JACKMi.N, ria>IM:NT.

imtiT", nn<l would otiJ.«tiiii>e
llic im-ii.'^iiri'l liiihhcl.
[lie ilirwt ilijiii it'H of the njft J
>im in it^i'lf, iliHproportimnii. i^j
o tlu' Konic aptiolc in )lill'iM,t.
iM, anil b«aiin(t hnnlcHl ii|^„i
iit (•li(n|K"'<t, In-'st, oikI inii>t ii,j
riio levy to the KoviiMimiu i, ^^
OOO per nnnnm ui.m an artHc
t liii'".f)0,000 ; but what thu p,^
i'» is n trifle, romiuirtU to wha|
the reprater,— what in !o.,t in
ictwccn I ho weigheil nnd il,„ ,,
L'l, — and tlio lofH which tlic fan
want of a(U'(innlc ^ui)|ilii.'.s(jfv.iiJ
11(1 their fo(»l. Assuiiiin;,' tiif
K to Ikj ten c( iitH u lm»ht!, tin. ^
alum salt to he eevcn rents, an! I
iricc to ho fifty cents, luid it i,< cl
,'ives tipwnnlsof three tinus m ml
ernment docs ; nnd thnt thi' triH
praters is near two millions of dui)
I, Assuming apain that lliirty.
the bushel are lost to the cnm\
ititution of the wciphed for tlic
icl, nnd here ia another loss nnwJ
rly three-eighths of the v^ihwdfl

is to say, to about $250,iiiOoiJ
n of l$050,000 worth,
letailed views of the operation I
the salt duty, continued Mr. li.,
18 of that tax in the most o liousj
ight ; but ♦ho picture is not mc
J other features aro to bo introd^
;h of which, separately, nnd still i
ogether, go far to double its enon
ry the iniquity of such a tax iiptJ
9 of criminality and sinfulness,
icse features is, in the loss whichi
ustain for want cf adequate sup]
r their stock} and the sccomlj
lat the duty is a one-sided tax, 1
Mily on some sections of the UJ

at nil upon another section ot|
A few details will verify these i
itures. First, as to the loss whiclj
sustains fc* want of adequate supj
Every practical man knows that i
in of stock requires salt— hogs, hci
iccp; and that all the prepared

requires it also— hay, fodder, clj
So, In England it is ascerUiaej

nfiKO, thnt ''p requin*. cnrh, half n

„1 » wi'<W, which in twt'nly-< ipht |t«und.<i,

Uilf» (•iiil"in-hoiise IniKhcj, jx-r annum ; cows

,,^ » l(U»h<l nnd n half jn-f nnnum ; youic

^,l( t hunhel ; drnupiit hor-es, an<I dinunlit

Li, a ImikIk'I ; ndtn. nnd yoiin;; cuttle, from

, ».fks to a huithel each, per niiiiuin ; nnd ,
r,i* .iiiiiputed in Eiiplnnd, btfnrc the nboli-
„f the cnlt-tn-x there, that tlie stnck of the
j.y\\ fanners, for want of a(h-(|uate siippUts
Lit, was injured to nn annual niuount far be-
(iiitlie i)roduct of the tax.
[n,., Younp, before a oonunittee of the Ilrit-
liduw "f ('omnions, and iqion oath, testi-
I to his l)€lief that tlie wv of salt free of
, would benefit the nprieultural intcn'st, in
, increased value of iSeir stock alone, to
(Winual amount of three million.^ sterlinp,
liftocn millions of dollars. Such was the
rtr)- of the salt-tax in England to the npri-
litural interest ia the sinplo article of .stock.
at tlio injury might bo to the a;,'ricultu-
j interest in the United States on the same
kIc on account of the stinted use of salt
itioncd by the tax, might be vngurly con-
iwi from general observation and a few
hllislied fact.s. In the first place, it was
imvn to every body that stock in our country
stinted for salt ; that neither hogs, hor.ses,
lllo, or sheep, received any thing near the
Btity Iciund by experience to be neces.sary
JEnijland j and, as for their food, that little or
]siit was put upon it in the United States ;
Lie in England, tert or fifteen pounds of salt
(tlie ton of hay, clover, &c. was used in curing
Taking a single branch of the stock of the
litcd States, thnt of sheep, and more decided
IJcnce of the deplorable deficiency of salt can-
It be i/roduced. The sheep in the U nited S tr. : i-fi
( computed by the wool-growers, in 1832, in
lir petitions to Congress, at twenty millions ;
i number, at half a bushel each, wouUi iv-
t about ten millions of bushels ; now the
lole supply of salt in the United States, both
Be-made and imported, barely exceeds ten
llions ; 80 that, if the sheep received an ade-
Lte supply, there would not remain a pound
I any other purpose ! Of course, the sheep
I not receive an adequate supply, nor perhaps
I fourth part of what was necessary ; and so
|ill other stock. To give an opinion of the
loss to the agricultural interest in the

United .stall « (>T want of ih,- fruj U"»> of thi«
nrlidc, Would i. ipiiiv the minute, niiiipnh* ii
Kivc. Mignciou^ nnd |Krulinr turn of niuid of
Dr. Yipim;;; but it lu.xy l.c Kufticient f-r the ar^
;;ument, niiil for all pructi' al puriuivi, to assume
that our los-i, in pnipi.itinu to the iiunilur lif
our stiH'k, is greater than liiat of the Kiipli.Oi
r.irmer-, anil nmouiits to liflicu or twmty time*
the value of the ta.x itpell!

C H A I' T K n C L I X ,

I'xrrxoixa UKsoi.tTiox-i'uiirAiiATiov run

l»KCi!*luN.

It was now the last session cf the last tt nn of
the presidency of (iencral Jackson, and the w(jrU
of the American Senate doing jii lice to itself by
undoing the wrong which it had (h)nc to itself
in its condemnation of the I'lesident, was at
hand. The appeal to the people had iirodu-ed
its full effect ; and, in less time than had been
expected. Confident from the bc;;inning in the
verdict of the pcojde, the author of the move-
ment had not counted upon its delivery until
several years — probably until after the retiie-
nicnt of Gencrel Jackson, and until the subsi-
dence of the passions which usually pursue a
public man while ho remains on the stage of
action. Contrary to all expectation, the public
mind w .is made up in less than three years, and
before the termination of that second adminis-
tration which was half run when the sentence
of condemnation was passed. At the commcncc-
luent of this session, 183G-'37, the public voice
had come in, and in nn imperative form. A
I Ki'ijority of the States had acted decisively on
! tlic subject — some superseding their senators
at the end of their terms who had given the
obnoxious vote, and replacing them by those
who would expunge it ; others sending legi.'ila-
tive instructions to their senators, which carried
along with them, in the democratic States, the
obligation of obedience or resignation ; and of
which it was known there were enough to obey
to accomplish the desired expurgation. Great
was the number superseded, or forced to resign.
The great leaders, Mr. Clay, Mr. Webster, ilr.
Calhoun, easily maintained themselves in tbeit

718

TMIUiV lEArW* VIEW.

rcujuffivc Stftfon ; Imt tin- nmrtnlity ' t hiuTlly
iifion tliclr fiM'iwiT'.ntKl li-ft them in n liclplosn
tniiifirity. T)u' liiiio li.ul <(ifiic fnr action ; *ii(I
oti till' w'oiin'l liny nOcr tlic nicctiiijf of the Sen-
iitf. >fr. Itiiifon linvt' notice of his intention to
lirin'r in nt mi «'iirly jxtIoiI tin* iinwflconio n-no-
Iiition, (infl to prows it toadcciHlon. Heretofore
he hiid ititro«liici'il it without nny view to action,
but merely fur nii oecHsion for a ("pi-ccli, topo to
the people; lint the opposition, exulting in their
etrenirth, woiiitl f)( themselveB cull it up, npiiinst
the wislu'S of tiio mover, to receive the rejection
which the were able to pivo It. Now these
dispositions were reversed ; the mover wns for
decision — they for staving it off. On the 2(')th
day of December — the third unniversary of the
diiy on which Afr. Clay had moved the condem-
uatory resolution — Mr. llonton laid upon the
tabl(' the resolve to cxpunRO it — followed by
his third nnd lost speech on the Bubject. The
following is the rosohition ; the speech consti-
tutes the next chapter:

Ifrmihilion to erpunsre from (he Journal the
liesnhUhn of the Heiitile (f March 28, 1834,
I'j relation to Pre.tidcut Jackson and the
Jte moral of the Deposits.
" Whereas, on the 2r)th <lay of Pecember, in

the year 183.3, the following resolve was moved

in tho Senate :

" 'Beaoloefl. That, by dismissing tho late Secre-
tary of tho Treasury, because he would not,
contrary to his own sense of duty, remove the
money of the United States in deposit with the
Bank of tho United States and its branches, in
conformity with the Pivsident's opinion, and by
appointing his successor to effect such removal,
which han been done, the President has a.ssumed
the exercise of a power over tho Treasury of the
United States, not granted him by tho Constitu-
tion and laws, and dangerous to the liberties of
the people.'

"Which proposed resolve was altered and
changed by the mo^■er thereof, on the 28th day
of March, in tho year 1834, so as to read as
follows :

" ' Jilesolrecl, That, in taking upon himself the
responsibility of removing the deposit 'of the
public money from tho Bank of the United
States, the President of the United States has
assumed the exercise of a power over tho Trea-
sury of tho United States not granted to him
by tho constitution and laws, and dangerous to
the liberties of the people.'

" AVhich resolve, so changed and modified by
the mover thereof^ on the same day and year
last mentioned, was further altered, so as to read
in these words:

'*' ^Jiesolctdy That the President, in the late

exrrutivo proooivlinjr' in Hntion to iK

<• rfT-n

tiM hHKumi-il upon hiiiiM>lf niiih«rity d„,| .
not ronfem-d by the ronstifution tin.| [»,, !
in (Urovntioii of Inith : '

"In which lust mentioned form the mMi
Kolvo, on the snme dny nnd yrnr In<t mint , j
wnM n(lopfc<l by tho Senate, nnd l« rnmi. i^,
and Jiidpment of that Ixxlv, nnd, ah mich n<
remniim u|Kin the joiirnnl thereof :

'•And wlien-as the said n-solve wa* nut «,imd
o<l by the constitution, nnd wm imvulariy,
illegally adopted by the Scnnto, in vi(i|;,ti',ni
tho rights of defence which lielon;; to (vii
citizen, nnd in mibvei-sion of the fiin<liimi 1
principles of law and justice ; brcnusi' I'r^i,
Jnckstm was thereby ailjudged and proiimmii
to be guilty of an "impeachable ollVnre, nni
stigma placed upon him as a violator nf hi, ,>
of otilcc, and of tho laws ami constitution w!,,
lie was sworn to preserve, protect, nnd (i,f,.J
without going through the forms of an impciKj
ment, nncl without allowing to him tiie UikJ
of a trial, or the means of defenc*' ;

"And whereas tho said resolve, in all
various shapes and forms, was unfoimdcil i
erroneous in point of fact, and thcroforn unjii
and imrighteoufl, as well os irregular nnl im
thorized by tho constitution; <»«■««« the fi
President Jackson neither in tho net of dismil
ing Mr. Uunno, nor in tho appointment of jf
Taney, as siiecificd in tho first form of ih,. 1
solve ; nor in taking upon himself tho Tf:»*,±
bility of removing tho deposits, as Rpccititdl
the second form of tho same resolve ; nor in nf
act which was then, or can now, be cpccia
under tho vaguo and ambiguous tnrms nf t
general denunciation contained in the tliinl a
last form of tho resolve, did do or commit a
act in violation or in derogation of the laws «
constitution ; or dangerous to the liberties of a
people:

"And whereas the said resolve, as adopted, i
uncertain and nmbiguo\is, containing nothing h
a loose and floating charge for derogating from 3
laws and constitution, and assuming \m^\*
power and authority in the late executive procJ
ings in relation to the public revenue; mM
specifying what part of the executive proi
ings, or what part of the public revenue wisj
tended to be referred to ; or what parts cf t
laws and constitution were supposed to Ji
been infringed ; or in what part of the I'nii
or at what period of his administration. th|
lato proceedings were supposed to have tal
place ; thereby putting each senator at libeij
to vote in favor of the resolve upon a sep
and secret reason of his own, and leaving j
ground of the Senate's judgment to be gue;
at by the public, and to be differently and I
versely interpreted by individual senators, i
cording to the private and particular
standing of each : contrary to all the endsl
justice, and to all the forms of legal or judicj
proceeding ; to the great prejudice of the (
cased, who could not know against whatl

ANNO inn:. ANr»UF,W JAf'KSO.V, I'llESlDEXT.

719

iw^'lintr" in rrlntinn fn ihi- rer-
upon liitnM'ir niitlmrity «n.| r„i
t Jiv Uh- ronNtitiition iiti<l U»V
i<tnM)th:'

I liiHt nitntioncfl fnmi the m\.\{
Kfinu' dny and yvnr \n<t tni'titii J
l>y tho Sonnto, nnd iMinuii. |^,,, ,

fit of that ImkIv, mill, ns mirh nij

II the journal thcroof : 1
•(.'!is the Kftiil rc'solvu \va< n<it \\■^m^
mMtitiition, and vrnn imyiilnrlv,
ptofl Jiy tlio Srnnfc. in vii,l;.tiMn|
)f (Icfi'iuo which lit'lontf to crJ
in Bithvpi-sion of the fiinilnnicj
law and Justine; braimi' I'ris.lJ

I thorohy adjudfjcd and iininniinJ
' of an imiK-aciialilo ntlVnoe. ai,(|
d upon him as a violatur of his r
I of tho lawH and constitution w!i
rn to preserve, protect. aii(i (kfJ
Iff throuph the forms of nn im J
ithout allowing to him tlic heiuj
tho moans of defenev ;
icrcas tho said resolve, in all
pes and forms, was unfounilcil i
I point of fact, and therefore nnj]
Bous, as well as irrcf^ilar nnt uiii
tho constitution ; becannf. the fi
ickson neither in the act of disrail
ino, nor in tho appointment of %
pccifled in tho first form of (h,. I
n taking upon himself tho res[»,J
novinp; tho deposits, as spccitioill
form of tho same resolve ; nor in u
fvas then, or can now, be gpcoiij
ague and ambiguous terms of i
unciation contained in the thin! a
' tho resolve, did do or commit j
;ion or in derogation of the laws a
1 5 or dangerous to tho liberties of tj

srcas the said resolve, as adopted, a
id ambiguous, containing nothing ll
iottting charge for derogatingfroniJ
(nstitution, and assuming un|i;ranj
uthority in the late executive prow
tion to the public revenue ; a\ih\
vhat part of the executive prix
at part of the public revenue vvasl
)e referred to ; or what parts of (
lonstitution were supposed to I
ged ; or in what part of the UniJ

period of his administration, thi
dings were supposed to have tal
•eby putting each senator at libeJ
favor of the resolve upon a Bcp
reason of his own, and leaving j
the Senate's judgment to be guea
public, and to be differently and j
^rpreted by individual senators,!

the private and particular uil
f each : contrary to all the endsl
i to all the forms of legal or judia
; to the great prejudice of the (
3 could not know against what I

_fp,I Mmwlf; and to ihn torn of Nrnatorinl
^^,n«il'il''.V. hv ^hi^•Ming Mtlfttom from public
mt.il>ili»y for nrnkinv' up a judtnncnt u|Nin
piinl^ whinli t'u! public

.A,

hit iiul
ininlit

ratuiot

and

know

■i, if known, ininht |iroTi' to Ir. insulllcitiit

',,(•. or unfounc|('(| in fiu-t ;

• \m; Hln'r"-a.s the H|KTitleiition cniitaini-d In

f lip-t and Hcconil forms of the n-MolvH havinir

„n ohjirtiHl to in dibiite, and shown to Ik'

iiticiint to HUftiiin tho chargfs Ihry were

^|ii(sd to supiKirt, and it iM'in:? well believed

ijt no niiijority could bo obtained to vote for

, i.iii| specifications, and the same having lieen

(tally withdrawn by the nmver in the face of

mholf Senate, in conseipiencc of such objec-

luanl belief, and before any vote taken tliere-

^,n; the said specilh-ntions cotiM not after-

f Is l)c ailmitted by any rule of parliamentary

iftice, or by any princijjle of legal im|)lication,

Nt intendment, or mentiil reservation, to n*-

tn and continue a part of tho written and

Cllic resolve from which they were thus with-

\i:\\\ and, if they could bo so admitted, they

[1(1 not bo sutHcient to sustain tlie charges

Irtin containcil :

',\nil whereas the Senate being tho constitii-

.#1 tril)unal for tho trial of the President,

jken ciiargcd by tho House of lleiircseutatives

Jill (ilFcnces against tho laws and tho constitu-

Uhe adoption of tho said resolve, before any

lpi«liment preferred b^ tho House, \\m a

ich of the privileges ol tho House ; not war-

liteJ by tho constitution ; a subversion of

Bice I a prejudication of a question which

|lit legally come before the Senate ; and a

Kiualiflcation of that body to perform its con-

llutional duty w ith fairness and impartiality,

Itlic President should thereafter be regularly

l«aclicd by tho House of Ilcpresentatives for

l( same offence:

r,\nJ whereas tho temperate, respectful, and
Bincntative defence and protest of tho Prcsi-
it against tho aforesaid proceeding of the
Bte was rejected and repulsed by that body,
li ffa.s voted to be a breach of its privileges,
iwas not permitted to be entered on its
bmal or printed among its documents ; while
I memorials, petitions, resolves, and remon-
p.«a against the President, however violent
janfounded, and calculated to intlamo the
Ipk against him, were duly and honorably
|tivcd, encomiastically commented upon in
tckes, read at the table, ordered to be printed
\ tho long list of names attached, referred to
I Finance Committee for consideration, tiled
iy among the public archives, and now con-
ptc a part of tho public documents of the
|ite, to bo handed down to the latest poa*
jty:

|And whereas the said resolve was intro-

i debated, and adopted, at a time and under

nstances which had the effect of co-operat-

lifith the Bank of the United States in the

picidal attempt which that institution was

thp r"llnt^^■ ;
Jiroplt. Ml I'h
ndniinisiniiii.ii ; |,i
bnnknipf tbf SU\W bunks

t;- .;• -troy th,. r.nd.l.-nr,. of tho

-i.li lit .lu-kNon; to iinn-lvw hi*

l-'ov.ni I lie «lirfiiHi, j ti>

,, ,, ■ , , ,;-, •■*: ruin till irnirnnoy;

1111 the H ,.,!,. J ni.,nu III, f.,r.,r nn.l .li.tr./s
nn.l thereby f„,.xt,„t from I h.- ...li; rii,.:. and
the alarms of (h" |«.„,,h., tbo i...f ..,■„, i„n„f tl,,,
de|«.its and tin- renewal of its ,||,„|,.r-

'•And wlifivivH tlu. Niid r.>.,lN,. in ,f ,,1! ex-
ample and .Imipr.-im pi.r,..|, nt. nnd
never Imvi- b.rn re.eivcd, dituitid
by the .Sciiiiu., (ir iidmiitcd to ei
joiiriml: W I if if fore,

'7W(V7/, Tiiiit the siiid resolve In- <ximi)x.|
froni III., juunml; mimI, for timt piii|H.«,. t|„u
the Scvtury of the .Senate, nt Miel, time as tho
.V-nate may a|.|M)int, slmll bring the innnusciipt
.louriml ot the xessioii iM.!,! \\\ jnt,, the S.nuto
and, III the preseneeofthe .Senate, dniw Ma.k litieH
round the said resolve, and write aero,H the fico
thereof, in strong letters, the folb.win-' words;

' Kxidin'.'-' ' ' —

of.

kIioIiM
<T ndopleil

I'lilry upon in

i,L'ed by Older of the .Senate, this — day
•, 111 the year of our Lord l!S;!7. ' "

CIIAPTKR CLX.

EXl'UXOISO llKSOI.l'TIOM.-Mn. IJENTONS Tltllll)
Sl'lilXH.

Mn. PnKsinnNT: It Is now near three years
since the resolve was adopted by the Senate,
which it is my present motion to expunge from
tho journal. At tho moment that this resolve
was adopted, I gave notice of my intention to
move to expunge it; and then expressed my
confident belief that the motion would even-
tually prevail. That expression of confidence
was not an ebullition of vanity, or a iiresump-
tuous calculation, intended to occelcrate tho
event it affected to foretell. It was not a vain
boast, or an idle assumption, but was the result
of a deep conviction of tho injustice done Presi-
dent Jackson, and a thorough reliance upon tho
justice of tho American people. J felt that tne
President had been wronged ; and my heart told
me that this wrong would be redressed I The
event proves that I was not mistaken. The
question of expunging this resolution has been
carried to the people, and their decision has
been had upon it. They decide in favor of tho
expurgation ; and their decision has been both
made and manifested, and communicated to us
making to produce a panic and pressure in j in a great variety of ways. A great number of

720

TIUUIT YKAR.S- VIKW.

States liavc expressly instructeil their senators
to vote fiir tliis exjHirpition. A very great
majority «l' the States iiave elected senators and
representative'^ to Congress, upon the express
ground of favoring tliis expurgation. The Bank
of the United States, whicli took the initiative
in the accusation against the President, and
furnished the material, and worked the ma-
chinery wliich was used against him, and which
was then so powerful on this floor, lias be-ome
more and more odious to the public mind, and
musters now but a slender phalanx of friends
in the two Houses of Congress. The late Presi-
dential election furnishes additional evidence of
public sentiment. The candidate who was the
friend of President Jackson, the supporter of
his adriinistration, and the avo^^-ed advocate
for the expurgation, has received a large ma-
jority of the suffrages of the whole Union, and
that afier an express declaration of his senti-
ments on this precise point. The evidence of
the public will, exhibited in all these forms, is
too manifest to be mistaken, too explicit to re-
quire illustration and too imperative to be dis-
regarded. Omitting details and specific enu-
meration of proofs, I refer to our own files for
the instructions to expunge, — to the complexion
of the two Houses for the temper of the people,
— to the denationalized condition of the Bank
of the United States for the fate of the im-
perious ac ser, — and to the issue of the Presi-
dential el- ction for the answer of the Union.
All these are pregnant proofs of the public will,
and the last pre-eminently so: because, both
the question of the expurgation, and the form
of the process, was directly put in issue upon it.
A representative of the people from the State
of Kentucky formally interrogated a promiuent
candidate for the Presidency on these points,
and required from him a public answer for the
information of the public mind. The answer
was given, and published, and read by all the
voters before the election ; and ^ deep it right
to refer to that answer in this place, not only
as evidence of the points put in issue, but aho
for the purpose of doing more ample justice to
President Jackson by incorporating into the
legislative history of this case, the high and
lionorable testimony in his favor of the eminent
citizen, Mr. Van Buren, who has just been ex-
alted to the lofty honors of the American Presi-
dency :

' Your last question seeks to krxnr
opinion as to the eon>tifutional piiwir ./"'
Senate or House of |{ej)n.senfatives tocx'i ..'
or obliterate from the journals the pr-K^c, !'
of a previous session. "'

" You will, I am sure, be satisfied ni-.r, f ,i
ther consideration, that there are hutfuvf J
tions of a politicd character less cfiniKrtti ,
the duties of the oflice of President of tla- C, j
States, or that might not with equal imiin,!
be put by an elector to a candidate for th'i ,
tion, than this. With the journals cf nuiiJ
house of Congress can he properly have J
tl.iiig to do. But, as your question Iia< <], J
less been induced by the pendency of Col iJ
ton's resolutions, to expunge from the jounj
of the Senate certain other resolutions touclii
the official conduct of President Jackson. I J
fer to say, that I regarded the pa■^sa;v^, ^f \\
Benton's proamble and resolutions toV- an J
of justice to a faithful and greatly injurtd puljl
servant, not only constitutional in itnli
imperiously demanded by a proper rc-urt I
the well known will of the peojjle."

I do not propose, sir, to draw vIoIimu,
warranted, or strained inferences. I lonotJ
sume to say that the question of this cxm
tion was a leading, or a controlling point in i
issue of this election. I do not assume to ■
or insinuate, that every individual, and cJ
voter, delivered his suffrage with reRrincc]
this question. Doubtless there were manvl
ceptions. Still, the triumphant election of j
candidate who had expressed himself in tlietcil
just quoted, and who was, besides, tlic perse
and political friend of President Jackson. :
the avowed approver of his administration.:
be admitted to a place among the proofs In tl
case, and ranked among the high concuninsJ
dences of the public sentiment in favor of (
motion which I make.

Assuming, then, that we have ascertaJ
the will of the people on this great questl
the inquiry presents itself, how far the esM
sion of that will ought to be conclusive of I
action here ? I hold that it ought to h bill
and obligatory upon us ! and that, not only q
the principles of representative govemii
which requires obedience to the known wil
the people, but also in confonnity to the p
ciples upon which the proceeding against 1
sident Jackson was conducted when the ma
against him was adopted. Then every t|
was done with especial reference to the irij
the people ! Their impulsion was assuuieij
be the sole motive to action; andtotliemj

*-^

ANXO 1837. AXmiKW .lAlKSON, rKI>Il)KNT.

121

, qnc.-ition st'ck:* to kninv HiJ

the (■on>titut'miial iiowir if J
ise of UojjRsi'iitativcs to nyn]
from tlie joiiriiuls tliu {micH-ld
session.

1 am pure, be satihfiud u|,i,r, fJ
ution, that there are ImtlVw i J
iticjvl character less conncptcl vi
the ofliceof President of tin- ri:„J
it might not with equal jirDiii, 1

elector to a candidate for tlmt J
is. With tlie journals cf niiri
ingress can he properly h.ut ai
IJut. as j'our question ha-; ilmj
luced by the pendency of Col. ly
ions, to expunge from the ju\iinJ
J certain other resolution;! touch j
onduct of President Jackson. 1 1
lat I regarded the pa<sa|:i.' {,[ i.'I
^amble and resolutions to In- an i

a faithful and greatly iiijurwl pull
; only constitutional in itKlf, H

demanded by a proper respftti
own will of the people." I

, propose, sir, to draw violent,
or strained inferences. I lo not
f that the question of i\m cxpn
leading, or a controlling point in i
is election. I do not assume to ■
te that every individual, and tvd
[^ered his suffrage with reference
jn. Doubtless there were many I
Still the triumphant election of I
yho had expressed himself in the tci
d, and who was, besides, the perso
cal friend of President Jackson.
i approver of his administration,!
id to a place among the proofs in'
•anked among the high concuninsti
the public sentiment in favor of
lich I make.

ng, then, that we have ascertaJ
f the people on this great quest
y presents itself, how far tlie exd
lat will ought to be conclusive of
X ? I hold that it ought to he M
itory upon us! and that, not only v
jiples of representative govemu
luires obedience to the known wil
e, but also in conformity to thci
an which the proceeding against
ckson was conducted when the m
urn was adopted. Then every t
3 with especial reference to the it'
[e» Their impulsion was a?smii(
,le motive to action; andtotkn

.'jiiTisto verdict was expressly referred. The I

[file machinery of alarm and pressure— every

jcne of political and moneyed power — was put

J motion, and worked for many months, to cx-

the people aga'nst t'i:o President ; and to stir

- nicfctings, memorials, petitions, travelling

Lmmittecs, ^nd distress deputations against

vjji- and cat'i symptom of popular discoutent

Lj hailed as an evidence of public will, and

jcil here as proof that tlie people demanded

condcnmation of the President, Not only

Illative assemblies, and memorials from lai-gc

iiorablics, were then produced here as evidence

public opinion, but the petitions of boys un-

aire, the remonstrances of a few signers,

the results of the most inconsiderable elec-

ins, were ostentatiously paraded and magnified,

i!ie evidence of the sovereign will of our con-

ituents. Thus, sir, the public voice was every

ni while that voice, partially obtained through

jitical and pecuniary machinations, was ad-

to the President. Then the popular will

tlie shrine at which all worshipped. Now,

[jun that will is regularly, soberly, repeatedly,

id almost universally cxprest^ed through the

lot boxes, at the various elections, and turns

tto be in favor of tlie President, certainly no

can disregard it, nor otherwise look at it

as the solemn verdict of the competent and

jmate tribunal upon an issue fairly made up,

ly argued, and duly submitted for decision.

8uch verdict, I receive it. As the deliberate

let of the sovereign people, I bow to it. I

content. I do not mean to reopen the case,

to recommence the argument. I leave that

irk to others, if any others choose to pei-tbrm

For mystlf, I am content ; and, dispensing

;h further argument, I shall call for judgment,

ask to have execution done, upon that un-

ipy journal, which the verdict of millions of

men finds guilty of bearing on its face an un-

illegal, and unconstitutional sentence of

lemnation against the approved President

he Republic.

iut, while declining to reopen the argument
is question, and refusing to tread over again
ground already traversed, there is another
a different task to perfonu ; one which the
caching termination of President Jackson's
nistralion makes peculiarly proper at this
I, and which it is my pri.ilege, and perhaps
duty, to execute, as being the suitable con-

Vol. I.— 46

elusion to the arduous ciiiitKt in whirli we Invo
been so lung engap-d; J allude to thi- pmral
tenor of his administration, and to its ifTfct, for
,20od or for evil, upon the condition of his coimtrv.
This is the proper tiino for such a view to In'
taken. The political existence of this pirat man
now draws to a cIo.h'. In litflenion'tlnr.i forty
days he ceases to be a imblic character. In a
few l)rief weeks he ceases to be an object of jio-
litical hope to any, and shoiiM rcase to be an
object of political hate, or mvy, to all. What-
ever of motive the servile and timeserving: Tni;_'ht
have found in his exalted station for raising the
altar of adulation, and burning the iiieiii.se of
I)raise before him, that motive can no Tongcr ex-
i.-t. The dispenser of the patronage of iiii em-
pire — the chief of this great confederacy of
States— is soon to be a private individual, strip-
ped of all power to reward, or to punish. His
own thoughts, as he has shown us in the con-
cluding paragraph of that message whidi is to
be the last of its kind that we shall ever leceive
from him, are directed to that beloved retire-
ment from which he was d"awn by the voice of
millions of <"n;enien, and to which he now looks
for that interval of repose which age ami infir-
mities require. Under these circumstances, ho
cea.ses to be a subject for the ebullition of the
passions, and passes into a character for the con-
templation of liistcry. Historically, then, shall
I view him ; and limiting this view to his civil
administration, I demand, where is there a chief
magistrate of whom so much evil has licen pre-
dicted, and from whom so much good has come?
Never has any man entered upon the chief ma-
gistracy of a country under such ajipalling pre-
dictions of ruin and woe ! never has any one been
so pursued with direful prognostications ! never
has any one been so beset and impeded by a
powerful combination of political and moneyed
confederates I never has any one in any coun-
try where the administration of justice has risen
above the knife or the bowstring, been so law-
lessly and shamelessly tried and condemned
by rivals and enemies, without hearing, without
defence, without t!ie forms of law or justice!
History has been ransacked to find examples
of tyrants sufficient!}' odious to illustrate him
by comparison. Language has been tortured
to find epithets sufficiently strong to paint him
in description. Imagination has been exhausted
in her efforts to deck him with rrjvolting and

•)

722

THIIITY YKAHS' VIEW.

inlmman attrihiitcs. Tyrant, <lcFpot, usurper;
flestrojer of tlie lil«rtics of his countrj'; rash,
ifrnorant, imbecile; cndanperinj; the public peace
with all forcipn nations ; (Icstroyinj? domestic
prosperity at home ; ruining all industry, all
commerce, all manufactures ; annihilatinp; con-
fidence between man and man ; delivering up
the streets of populous cities to prass and weeds,
and the wharves of commercial towns to the
encumbrance of decaying vessels; depriving
labor of all reward ; depriving industry of all
employment ; destroying the currency ; plung-
ing an innocent and happy people from the sum-
mit of felicity to the depths of misery, want, and
despair. Such is the faint outline, followed up
by actual condemnation, of the appalling denun-
ciations daily uttered against this one MAN,
from the moment he became an object of poli-
tical competition, down to the concluding mo-
ment of his political existence.

" The sacred voice of inspiration has told us
that there is a time for all things. There cer-
tainly has been a time for every evil that human
nature admits of to be vaticinated of President
Jackson's administration ; equally certain the
time has now come for all rational and well-dis-
posed people to compare the predictions vrith the
facts, and to ask themselves if these calamitous
I)rognostications have been verified by events ?
Have we peace, or war, with foreign nations ?
Certainly, we have peaca with all the world !
peace with all its benign, and felicitous, and bene-
ficent influences ! Are we respected, or despised
abroad 1 Certainly the American name never was
more honored throughout the four quarters of the
globe, than in this very moment. Do we hear of
indignity, oroutrage in any quarter ? of merchants
robbed in foreign ports? of vessels searched on
the high seas ? of American citizens impressed
into foreign service ? of the national flag insulted
j>ny where? On the contrary, we see former
wrongs repaired^ no new ones inflicted. France
pays twenty-five milVions of francs for spolia-
tions committed thirty years ago ; Naples pays
two millions one hundred thousand ducats for
wronge of the san>e date 5 Denmark pays six
hundred and fifty thousand rix dollars for wrongs
done a quarter of a century ago ; Spain engages
to pay twelve millions of reals vellon for injuries
of fifteen years date ; and Portugal, the last in
the list of former aggressors, admits he liability,
ind only waits the adjustment of details to close

'^0 fll

her account bj' adequate indenmitv,
from war, insult, contempt, and spolijiti,,„ fr, "I
abroad; this denounced adminigf ration lias y '
the season of peace and pood will, and the an j
picious era of universal reparation. So far fp,
suffering nijury at the hands of forci^'ji powo^
our merchants have received indemnities fora'L
former injuries. It has been the day of ncconntJ
inp, if settlement, and of retribution. ThJ
total list of arrearages, extending thronph foiJ
successive previous administrations, has UJ
closed and settled up. The wronps done ta
commerce for thirty years back, and under s
many different Presidents, and indemnitic? with]
held from all, have been repaired and paid otcJ
under the l>cncficent and glorious administratioJ
of President Jackson. But one single instanJ
of outrage has occurred, and that at the cxtroraiJ
ties of the world, and by a piratical hordJ
amenable to no law but the law of force. ThJ
Jlalays of Sumatra committed a robbery anl
massacre upon an American vessel. AVrntches!
they did not then know that JACKSON wy
President of the United States ! and that 1
distance, no time, no idle ceremonial of trcatinj
with robbers and assassins, was to hold baci
the arm of justice. Commodore Downcs wonl
out. His cannon and his bayonets struck ttii
outlaw s in their den. They paid in terror anl
in blood for the outrage which was committedl
and the great lesson was taught to these dist;
pirates — to our antipodes themselves— that noj
even the entire diameter of this globe could pr(
tect them ! and that the name of America
citizen, like that of Boman citizen in the j
days of the Republic and of the empire, was tl
be the inviolable passport of all that wore J
throughout the whole extent of the hahitablj
world.

"At home, the most gratifying picture pre
sente itself to the view : the public deht pai|
off; taxes reduced one half; the completion (
the public defences systematically commencedl
the compact with Georgia, uncomplied wit]
since 1802, now carried into effect, and tier soi
ready to be freed, as her jurisdiction has 1
delivered, from the presence and encumbn
of an Indian population. Missispippi and Mi
oama, Georgia, Tennessee, and North Carolinif
Ohio, Indiana, Illinois, Missouri, ond Arkana
in a word, all the States encumbered witii 1
Indian population have been relieved from tin

ANNO IS?.:. ANDREW JACKSON, I'llFiSIDKNT.

adcfiunte indemnity. So fi,
, cnntcmpt, nnd ppoliatinn fuiA
lOiinccd adminiptrntion lias Vm;
ace and pood will, and the an;
livorcal reparation. So far fm.
at the bands of f<)rei;rn power ,.
lave received indemnities for a
1 1 has been the day of aoconntJ
ent, and of retribution. The
earages, extendin;:; throiiph font
ious administrations, hsw Uon
;lcd up. The wronps done td
thirty years back, and under <
Presidents, and indemnitic? wit!iJ
lave been repaired and paid ovcj
ficent and glorious administratiot
ickson. But one single instancJ
occurred, and that at the cxtreraiJ
orld, and by a piratical horda

law but the law of force. ThJ
matra committed a robbery anJ

1 an American vessel. Wr^tchesl
then know that JACKSON wi
the United SUtes ! and that n
ime no idle ceremonial of treatinj

and assassins, was to hold baci
Istice. Commodore Downcswcnl
inon and his bayonets struck tli
cir den. They paid in terror aiij
he outrage which was committcij|
lesson was taught to these distaii|
iir antipodes themselves— that no(
-e diameter of this globe could pn
md that the name of Araericf
hat of Roman citizen in the gn
lepublic and of the empire, wastj
able passport of all that wore i
le whole extent of the hahit "

the most gratifying picture pn
the view : the public deU pai
duced one half; the corapletion(
.fences systematically commencedj
_: with Georgia, uncomplied vit^
low carried into effect, and hers«
freed, as her jurisdiction has b
)m the presence and encumbn
, population. Mifisir,?ippi and.\lij
'ia, Tennessee, and North Carolim
la, Illinois, Missouri, »nd Arkansi
dl the States encumbered willii
lation have been relieved from I'

.nimhrancc ; and the Indians themselves have
t«;n transferred to new and iiennanent home?

.T(-

every expansion must Ix- followed by it.« cnn-
traction. I know tlint a rcvuNion o*' the iiajK.-
p- way better adapted to the enjoyment of .'system is intvitatiK' ; but I know, also, that
i^ir existence, the preserration of their rights, I the.«e scventy-tive nullion-< of pcl.l and silvir is
"..Ithc improvement of their condition. 'the bulwark of the country, and will enable

-The currency is not ruined! On the con- ' every honest bank to niect its liabilitiis, and
..jrv seventy-five millions of specie in the coun- every prudent citi/.m to take care of biinsilf.

I trv IS a spectacle never seen before, and is the

Lrrier of the people against the designs of any

Lks which may attempt to suspend payments,

Ld to force a dishonored paper currency upon

(jc cemmunity. These seventy-five millions are

ie security of the people against the dangers of

, depreciated and inconvertible paper money.

gold after a disappearance of thirty years, is

Lctored to our covintry. All Europe beholds

Irth admiration the success of our efforts in

liree years, to supply ourselves with the cur-

Lncv which our constitution guarantees, and

Lhich the example of France and Holland

Laws to be so easily attainable, and of such in-

Lculable value to industry, morals, economy,

Ld solid wealth. The success of these efforts

i styled in the best London papers, not merely

ireformation, but a revolution in the currency !

revolution by which our America is now re-

ming from Europe the gold and silver which

le has been sending to it for thirty yearc-

fit

1 Domestic industry is not paralyzed ; confi-
fciice is not destroyed ; factories are not stop-
workmen are not mendiearV "or bread
Ld employment ; credit is not c > ! uguished ;
tices have not sunk ; grass is not growing in
E streets of populous cities ; the wharves are
lot lumbered with decaying vessels ; colmnns
(curses, rising from the b*^ o.'is of a ruined and
ionized people, are not ascending to heaven
ninst the destroyer of a nation's felicity and
losperity. On the contrary, the reverse of all
lis is true ! and true to a degree that aston-
jhes and bewilders the senses. I know that all
[not gold tiiat glitters ; that there is a differ-
! between a specious and a solid prosperity.
mw that a part of the present prosperity is
Iparcnt only — the effect of an increase of fifty
lillions of paper money, forced into circulation
jone thousand banks ; but, after making due
lowance for this fictitious and delusive excess,
ereal prosperity of the country is still unprece-
jntediy and transcendently great. I know that
fry flow must be followed by its ebb. that

Turning to some points in the civil adniini--
tration of President .Jackson, and bow nnich do
we not find to ndniire ! The prcat cause of the
constitution has bfon vindicated from an impu-
tation of more than forty yf^crs' dun.tion. He
has demonstrated, by the i itsc'f, that a na-
tional bank is not 'ncces-j.iry' to thf fiscal opera-
tions of the federal pov."rnmoiit , iiu-i in that
demonstration he has upi^et the argument of
General Hamilton, and the decision of the Su-
preme Court of the United States, and all that
ever has been said in favor of the constitution-
ality of a national bank. All this argument
and decision rested on the single assumption
of the ' necessity ' of that institution to the fed-
eral government. He has shown it is not ' ne-
cessary;' that the currency of the constittition,
and es^cially a gold currency, is all that the
federal government wants, and that she can get
that whenever she pleases. In this single act,
he has vindicated the constitution from an un-
just imputation, and knocked from under the
decision of the Supreme Court the assumed fact
on which it rested. He has prepared the way
for the reversal of that decision ; and it is a
question for lawyers to answer, whether the
case is not ripe for the application of that writ
of most remedial nature, as Lord Coke eills
it, and which was invented, lest, in any case,
there should be an oppressive defect of justice !
the venerable writ oi audita querela defendeu-
tis^ to ascertain the truth of a fact happening
sine.! the judgment ; and uprn the due finding
of which the judgment ■'"HI bo vacated. Let
the lawyers bring their books, and answer us,
if there is not a case here presented for the
application of that ancient and most remedial
vritl

From President Jackson, the country has
first learned the true theory and practical in-
tent of the constitution, in giving to the Execu-
tive a qualified negative on the legislative power
of Conpiress. Far from being an odious, danger-
ous, or kingly prerogative, this power, as vested
in the President, is nothing but a qualified copy

. f:

724

THIRTY YEAia* VIEW.

of the famous veto power 'ted iu the tribunes
of the people among tlie Romans, und intended
to susjKiid the jiiu'^siigc of a hiw until the people
themselves sliould have time to consider it. The
fiualified veto of the President <le.stroys nothing;
it only delays the passage of a law, and refers
it to the jK'opIe for their consideration and de-
cision. It is the reference of a law, not to a
eoniniittee of the House, or of the whole House,
hut to the committee of the whole Union. It
is a recommitment of tlij bill to the people, for
them to examine an J consider; and if, upon this
examination, they are cbntent to pass it, it will
pass at the next session. The delay of a few
inontlis is the only effect of a veio, in a case
where the people shall ultimately approve a
la .V ; where thoy do not approve it. the interpo-
sition of the veto is the barrier which savcL
them the adoption of a law, the repeal of which
might afterwards be almost impossible. The
qualified negative is, therefore, a beneficent pow-
er, intended, as General Hamilton expressly
declares in the 'Federalist,' to protect, first,
the executive department from the encroach-
ments of the legislative department; and. se-
condly, to preserve the people from hasty, dan-
gerous, or criminal legislation on the part of
their representatives. This is the design and
intention of the veto power; and the fear ex-
pressed by General Ham'lton was, that Presi-
dents, so far from exercising it too often, would
not exercise it as often as the safety of the peo-
ple required ; that they might lack the moral
courage to stake themselves in opposition to a
favorite measure of the majority of the two
Houses of Congress; and thus deprive the peo-
ple, in many i.nstances, of their right to pass
upon a bill before it becomes a final law. The
cases in which President Jackson has exercised
tl: u veto power has shown the soundness of these
observations. No ordinary President would
have staked himself against the Bank of the
United States, and the two Houses of Congress,
in 1832. It required President Jackson to, con-
front that power — to stem that torrent — to stay
the progress of that charter, and to refer it to
the people for their decision. His moral cour-
age was equal to the crisis. He arrested the
charter until it could go to the people, and they
have anested it for ever. Had he not done so,
the charter would have become law, and its re-
peal almost impossible. The people of the whole

, Union would now have ln'cn in the coniliiion I
I the people of Pennsylvania, l)e>tro(ic bv t' I
j monster, in daily confiict with him, ami mai-.
j taining a doubtful contest for .supremacy 1
; tween the government of a StJitc and the dlr . I
tory of a moneyed corporation.

To detail specific a ,t8 which adorn the al-
mini.^tration of President Jackson, aud illu>tr;i'.
the intuitive sagacity of his intellect, the fir.v.
ness of his mind, his disregard of personal pdiir,
larity, and his entire devotion t(j the puKi,
good, would bo inconsistent with tlii.s nip, i
sketch, intended merely to present general I
views, and not to detail single actions, how.,
ever worthy they may be of a splendid pa<'t i^i
the volume of history. But how can we pavjl
over the great measure of the removal df tlinl
public moneys from the Bank of the Unitcl
States, in the autumn of 1833 ? that wise, 1|. .
roic, and masterly measure of i)revention, wliiolj
has rescued an empire from the fangs of a nm.
ciless, revengeful, greedy, insatiate, impIai',iU,.|
moneyed power I It is a remark fur wh.d, [I
an: indebted to the philosophic obscnatimi of
my most esteemed colleague and friend (p.jini.l
ing to Dr. Linn), that, while it requiris farl
greater talent to foresee an evil before it li;ip.r
pens, and to arrest it by precautionary nieasuitj I
than it requires to apply an adequate rcmcilvl
to the same evil after it has happened, yet tlel
applause bestowed by the world is always gieati
est in the latter case. . Of this, the remov il ofl
the public moneys from the Bank of the Unito;l[
States is an eminent instance. The veto on
1832, which arrested the charter which CoiiJ
gress had granted, immediately received the ap
plause and approbation of a majority of tliel
Union : the removal of the deposits, which pre-j
vented the bank from forcing a recharter, wa
disapproved by a lr</ge majority of the countryJ
and even of his own friends ; yet the veto woul/
have been unavailing, and the bank would ineviJ
tably have been rechartered, if the deposits liatj
not been removed. The imnense sums of pul>
lie money since accumulated would have m
abled the bank, if she had retained the jiomii
sion of it, to have coerced a recharter. Noiliini
but the removal could have prevented her frod
extorting a recharter from the sufferings aaJ
terrors of the people. If it had not bcenfoi
that neasure, the previous veto would havi
been unavailing; the bank would have hxi

ANNO 1837. ANDREW JACKSON. rUHSIDENT.

725

have lx;cn in tliu comlition
innsylvaiua, U'.->tio(ic by t:;«
conflict with him, and mair,.
Ill contest for sujircmacy 1...
mcnt of a Stiitc and tlif dir> .
(1 corporation.

ific a -ts which adorn the ;, i. |
resident Jackson, and illu.-tr
icity of his intellect, tlit fir.;..
his disregard of personal imi.;;,
entire devotion to the pul/ii.

inconsistent with tliis raps I
I merely to present general
detail single actions, liuw>.j.
:y may be of a splendid jjage in I
istory. But how can we pa.-sl
measure of the removal of tliel
from the Bank of the rnitedj
,utumn of 1833? that wise, 1,-.
■ly meas\irc of prevention, wWA
empire from the fangs of a mir-l
il, greedy, insatiate, implai-aU,.,!
r! It is a remark for wh,dil|
the philosophic obser\atifm of |
ned colleague and friend (poiut-[
an), that, while it rcquire.s furl
|o foresee an evil before it li;ip.|
est it by precautionary nieasuitJ
es to apply an adequate rtir.c<l;
il after it has happened, yet M
red by the world is always grcat-l
r case. . Of this, the removil oil
cya from the Bank of the Unite;!
jminent instance. The veto ofl
rrested the charter which CoiiJ
ted, immedia,tely received the ap-
probation of a majority of tlid
moval of the deposits, which pre-
nk from forcing a recharter, waJ
f a lr..-ge majority of the couutryl
3 own friends ; yet the veto woulJ
vailing, and the bank would incTij
n rechartered, if the deposits liaJ
ived. The immense sums of puM
ice accumulated would have enj
: if she had retained the posscsJ
a've coerced a recharter. Noiliini
ral could have prevented her frod
echartcr from the sufferings anJ
people. If it had not been fol
the previous yeto would hatJ
■ • the bank would have bwJ

tr»in installed in |..7wcr; and this entire federal '
^i-crnment would have l)ocn held as an nj)pen<I- '
J.,, to tlia* bank, and administered accordinp to
Vr dircotionn, and by her nominees. Tliat
»-cat niea.sure of prevention, the removal of the '
.i.eposits, though feebly and faintly snj.ported '
bv friends at first, has ex|)cllcd the bank from :
tiic field, and driven her into abeyance under a
ijate charter. She is not dead, but, holding '
v,.^r cnpital and stockholders together unrter a |
state charter, she has taken a position to watch
(vent.«. and to profit by them. The royal tiger
ha.s gone into the jungle ; and, crouched on his
liellv. lie awaits the favorable moment for emerg-
ii,; from his covert, and spiinging on the body
of the unsuspicious traveller !

The Treasury order for exc' iding paper mon-
tv from the land oiBces is another wise mea-
sure, originating in enlightene<l forecast, and
rifcvcnting great mischiefs. The President fore-
saw the evils of suffering a fhousand streams of
Mpcr money, issuing from a thousand different
tanks, to discharge them; elves on the national
domain. He foresaw that if these currents were
jllowed to run their course, that the public
lands would be swept away, the Treasury would
te filled with irrcdeemaMe paper, a vast num-
l,er of banks must be broken by their follj', and
the cry set up that nothing but a national bank
Buld regulate the currency. lie stopped the
course of these streams of paper ; and, in so do-
ini.has saved the country from a great calamity,
and excited anew the machinations of those
wticse schemes of gain and mischief have been
disappointed ; and who had counted on a new
edition of panic and pressure, and again saluting
Congress with the old story of confidence de-
stroyed, currency ruined, prosperity annihilated,
tnd distress produced, by the tyranny of one
man. They began their lugubrious song ; but
ridicule and contempt have proved too strong
for money and insolence ; and the panic letter
of the ex-president of the denationalized bank,
tftcr limping about for a few days, has shrunk
from the lash of public scorn, and disappeared
from the forum of public debate.

The difficulty with France : what an instance
it presents of the superior sagacity of PresidcL t
Jjiksou over all the commonplace politicians
who beset and impede his administration at
home ! That difficulty, inflamed and aggravated
y domestic faction, wore, at one time, a por-

tentous aFpnct ; the skill, firmness, elevation of
purpose, and manly frankness of the I'n'sidiiit,
avoidtd the dinpr, nrcoiiii,li;.he<l the oKJKt,
commanded the aihniration of EiiroiK', and n-
tained the friendship of Frau<i'. He cnnduc'.id
the delicate atlair to a surces.-fu! and mutually
honorable is,«ue. All is amicably and liappily
terminaled. leaviivt: tH't a wound, nor eviu a
.scar, behind — leaving the Frenchman and
American on the ground on which they have
stood for fifty years, and should for ever stand ;
the ground of friendship, ivsjiect. good will, and
mutual wishes for the honor, happiness, and
pro.sjjerity. of each other.

But why this specification ? So beneficent
and so glorious has been the administration of
this President, that where to begin, anil where
to end, in the enumeration of great measures,
would he the embarrassment of him who has
his eulogy to make. He caine into office the
first of geiv .als ; he gois out the first of states-
men. Ilis civil competitors have shared the
fate of his military opponents ; and ''.Vashingtoii
city has been to tliO American politicians who
have a.ssailed liim, what New Orleans was to the
British generals who attacked his lines. lU ■
pulsed ! driven back ! discomfited ! crushed !
has been tlie fate of all assailants, foreign and
domestic, civil and militavy. At hoi.ic and
abroad, the impress of his genius and of liis
character is felt. He has impressed upon the
age in which he lives tho stamp of his arms,
of his diplomac}, and of his domestic policy. In
a word, so transcendent have been the merits
oi his administration, that they have operated
a miracle upon the minds of his most inveterate
opponents. He has expunfred their objections
to military chieftains ! He ha.s shown them that
they were mistaken ; that military men were
not the dangerous rulers they had imagined, but
safe and prosperous conductors of the vessel of
state. lie has changed their fear into Ipve.
With visible signs they admit their error, and,
u.^jtead of deprecating, they no tv invoke the reign
of chieftains. They laljored hard to pi 'I'lrc a_ ^ ,
military successor to the present incumbent ; 'S'' '■■<■-'" *'i*
and if their love goes on increasing at the samc'-''-"^''^'^'-*"
rate, the republic may bo put to the opense of
periodical wars, to breed a perpetual succession
cf these chieftains to rule over them and their
posterity for ever.

To drop this iron}', which the inconsistency

726

TiiiuTY yi:aii.s' vikw.

of mat! oppoiiints hixa provoked, and to rultim
to tliu (iliiiii (leliiications of )iihtoi'ical painting,
the iiiiml inslinclivuly (Iwfllrt on the vast and
iiiiprtCfdeMted pojmlarity of ihia President.
(Irtat is the inlliicnce, great the power, greater
tli.'in any man ever before possessed in our
America, which lie has ncijuired over the public
mind. And liow has he acquired it ? Not by
the arts of intrigue, or the juggling tricks of
diplomacy ; not by undermining rivals, or sac-
rificing public interests for the gratification of
classes or individuals. liut he has acquired it,
first, by tlie exercise of an intuitive sagacity
which, leaving all book learning ut an immea-
surable distance behind, has always enabled him
to adopt the right remedy, at the right time,
and to conquer soonest when the men of forms
and ofllcc thought him most near to ruin and
despair. Next, by a moral courage wliich knew
no fear when the public good beckoned him to
go on. Last, and chiefest, he has acquired it
by an open honesty of purpose, wl ich knew no
concealments ; by a straightforwardness of ac-
tion, which disdained the forms of office and the
iirts of intrigue ; by a disinterestedness of mo-
tive, which knew no selfish or sordid calcula-
tion ; a devotedness of patriotism, which staked
every thing personal on the issue of every mea-
sure which the public welfare required him to
adopt. By these qualities, and these means, he
bus acquired his prodigious popularity, and his
transcendent influence over the public mind;
and if there are any who envy that influence
and popularity, let them envy, also, and emulate,
if they can, the qualities and means by which
they were acquired.

Great has been the opposition to I'resident
Jackson's administration ; greater, perhaps, than
ever has been exhibited against any government,
short of actual insurrection and forcible resist-
ance. Rev - . ..tion has been proclaimed ! and
every thing has been done that could be ex-
pedted to produce revolution. The country has
been alarmed, agitated, convulsed. From the
Senate chamber to the village bar-room, from
one end of the continent to the other, denuncia-
tion, agitation, excitement, has been the order
of the day. For eight years the President of
this republic has stood upon a volcano, vomiting
fire and flames upon him, and threatening the
country itself with ruin and desolation, if the
^)Cople did not expel the usurper, despot, and

tyrant, an he was called, from the hi^;li j,ij(, j,
which the suH'ra^'es of millionN of fruum, ]
elevated him.

Great is the confidence which he has alwav<
reposed in the discernment and equity of t^,
American people. I have Ixen accustoim,! t,
see him for many years, and under many dij.
couraging trials ; but never saw him doubt, lur
an instant, the ultimate support of the ikoi,i^,
It was my privilege to see him often, and during
the most gloomy period of the panic conspiracv
when the whole earth seemed to be in cunimu-
tion against him, and when many friends wir,.
faltering, and stout hearts were quailinp, Ufu^
the raging storm which bank machination, an i
senatorial denunciation, had conjured iq) to ovi r-
whelm him. I saw him in the darkest inomcnn
of this gloomy period ; and never did I sec hU
confidence in the ultimate support of his ftHuiv.
citizens forsake him for an instant. lie alnayj
said the people would stand by those who staml
by them ; and nobly have they justifud that
confidence ! That verdict, the voice of inillions
which now demands the expurgation of that
sentence, which the Senate and the lani; then
pronounced upon him, is the magniticunt re-
sponseof the people's hearts to the implicit cwi-
fidence which he then reposed in them. But i
was not in the people only that he had confi.
dence; there was another, and a far iiightr
Power, to which he constantly looked to savi-
the country, and its defenders, from every dan.
ger ; and signal events prove that he did not
look to that high Power in vain.

Sir, I think it right, in approaching the ter-
mination of this great question, to present this
faint and rapid sketch of the brilliant, bcneficwi
and glorious administration of President Jack-
son. It is not for me to attempt to do it jus-
tice ; it is not for ordinary men to attempt its
history. His military hfe, resplendent with
dazzling events, will demand the pen of a neir-
ous writer; his civil administration, replitj
with scenes which have called into action t)
many and such various passions of the humaa
heart, and which has given to native sagacity
so many victories over practised politicians, will
require the profounu, luminous, and philusophi'
cal conceptions of a Livy, a Plutarch, or a Sah
lu t. This history is not to be written in oui
day. The cotemporaries of such events are not
the hands to doscrilK" them. Time must lirstiij

ANNO 1837. ANDUKW JACK.SOX, IllESIKF.NT.

727

a calliil, from the hijjh place i^ 1
ttfrfs of luillioiiH of fnimui l.,ii

onfidcnce which he has alway<
discernment ami ei|iiity of t:..)
i>. I have Ixen accuslomtd i,
ny years, and under many (li«-
, ; but never saw him duulji, ii,r'
ultimate support of tlie IK.01.K,
ilegc to see him often, and ilnrin^
ly period of tl»c panic consiiiracy.
c earth seemed to be in t'oiuriij.
m, and when many friends win;
itout hearts were quailinp, kfurv
rra which bank maciunalion, an 1
mciation, had conjured up to ovir-
saw him in tlic darkest momcim
f period ; and never did I see !:is
;hc ultimate support of his ftUuw-
e him for an instant, lie always
would stand by those who stand
i nobly have they justified that
[hat verdict, the voice of million?,
leraands the expurgation of that
ch the Senate and the bank tlicn
upon him, is the magnificent re.
people's hearts to the implicit con-
he then reposed in them. But it
le people only that he had confi-
was another, and a far hij[kT
licb he constantly looked to sam'
and its defenders, from every uan.
lal events prove that he did not
high Power in vain.
. it right, in approaching the t.r-'
this great question, to present tliis
d sketch of the brilliant, beneficent,!
administration of President Jack-i
ot for me to attempt to do it jit
for ordinary men to attemiit itsl
. military life, resplendent with]
Its, will demand the pen of a ncn
his civil administration, repkti
which have called into action ioj
ich various passions of the huma:
hich has given to native sagacity
:orie3 over practised politicians, will
.rofounu, luminous, and philosophi
jns of a Livy, a Plutarch, or a Sil
.listory is not to be written in on
otemporaries of such events are noi
descrilx- them. Time must first '

■iiiflTicr — nnist silence the paasions, nmove the
ictors, dcvciopc consequences, ami canonize all
(jjjt is sacred to honor, patriotism, and glory.
I; lifter ages the historic genius of our America
!h»ll produce the writers vthich the subject de-
jjjml^^—men far remo^ ed from the contests of
te liny, who will know how to estimate this
fTfjt epwh, and how to a<;quirc an immortality
()r their own names by painting, with a mas-
itr's hand, the immortal events of the patriot
President's life.
And now, sir, I finish the task which, tlirec
rears ago, I imjwscd on myself. Solitary and
ilone, and amidst the jeers and taunts of my
mponcnts, I put this ball in motion. The peo-
ple have taken it up, and rolled it forward, and
Um no longer any thing but a unit in the vast
ajjs which now propels it. In the name of
liat mass I speak. I demand the execution of
tkc edict of the people ; I demand the expurga-
tion of that sentence which the voice of a few
ifiiators, and the power of their confederate,
ite Bank of the United States, has caused to be
placed on the journal of the Senate ; and which
the voice of millions of freemen has ordered to
ll( expunged from it.

CHAPTER CLXI.

SPfSOINO RESOLUTION: MB. cr,/VT, MR. CAL-
I IIOIN, MR. WKBSTER : LAST SCENE : RESOLU-
I HON PiVSSED, AND EXECUTED.

liTiRDAY, the 14th of January, the democratic

pators agreed to have a meeting, and to take

kir final measures for passing the expunging

solution. They knew they had the numbers ;

they also knew that they had adversaries

p grapple with to whom might be applied the

roud motto of Louis the Fourteenth : " Not an

Kqual match for numbers.'* They also knew

k members of the party were in the process of

ating from it, and would require concilia-

b. They met in the night at the then famous

ptaurant of Boulanger, giving to the assemblage

e air of a convivial entertainment. It continu-

l midnight, and required all the modera-

fn, tact and skill of the prime movers to ob-

and maintain the union upon details, on

success of which the fate of the meas-

ure ilrjx'ndi'il. The mm of conciluiliDn wero
to l>e the efn<i»nt men of that ni>;lit ; nml ,ill
the winning rcsoun-fs of AVri;;lit, .\lliii of Ohio
ond F.inn of Mi«so\iri, wire put into requisition.
Then- wore s( rioiis diirtreiins iiix.ii tlic nnxio
of expurgation, while iigned uimjh the thing;
ond finally obliteration, tlic favorite of the
mover, was given up; and the mode of expurga-
tion adopted wliich ha<l been proposed in tlio
resolutions of the General Assembly of Virginia ;
namely, to inclose the obnoxiou.s ficntence in a
sqti.ire of black lines — an oblong scjuare : a com-
promise of opinions to which the mover agreed
uprm condition of being allowed to coinjiose the
epitaph—'' Expunged by the order of the .Se-
nate." The agreement which was to lead to
victory was then adopted, each one severally
pledging himself to it, that there should be uo
adjouninicnt of the Senate after the resolution
was called until it was passed ; ai-d that it should
be called immediately after the niorninj: business
on the Monday ensuing. Expecting a protract-
ed session, extending through th.' day and night,
and knowing the diliiculty of keeping men
steady to their work and in good hum< ir, whi-n
tired and hungry, the mover of the proceeding
took care to provide, as far as possible, against
such a state of tilings; and gave orders that
night to have an ample supply of cold hams,
turkeys, rounds of beef, pickles, wines and cups
of hot coflbe, ready in a certain committee room
near the Senate chamber by four o'clock on tlui
afternoon of Monday.

The motion to take up the subject was made
at the appointed time, and immediately a debate
of long speeches, chiefly on the other side, o[)eii-
ed itself upon the question. It was evident
that comsumption of time, delay and adjourn-
ment, was their plan. The three great leaders
did not join in the opening ; but their place was
well supplied by many of their friends, able
speakers — some effective, some eloquent : Pres-
ton of South Carolina ; Richard II. Bayard and
John M. Clayton of Delaware ; Crittenden of
Kentucky ; Southard of New Jersey ; White of
Tennessee ; Ewing of Ohio. They were only the
half in number, but strong in zeal and ability, that
commenced the contest three yeare before, rein-
forced by Mr. White of Tennessee. As the dark-
ness of approaching night came on, and the great
chandelier was lit up, splendidly illuminating the
chamber, then crowded with the members of the

(••■'i

728

THIItTV YKAUS' VIEW

IIoiiw, nnd the lobhii-H niul pallcrioa flllc<l to
thfir iitino.'-t rapacity l)y visitor-i niid Hi>cctntrir:<,
till' scene Ix'caiiii' (rrand nni] iinjirf ssivc. A ffw
sjioke on tlu; cide of tlii.' reHoIiilioii— (.•hielly
KiT<N, liiichannn, Niles — and with an air of
ca«t' and Ka'isfaction that hesjiokc a rjnict dctor-
iiiinat'on, ami a conBriouKncss of victory. The
oniiiiitti'c room had Ix'cn resorted to in parties
of four unil six at a time, always Icavinc: cnouph
on watch : nnd not resorted to hy one side alone.
The opposition were invited to a fidl participa-
tion — an invitation of wliich those who were
able to maintain their pood temper readily avail-
ed thcniRelves ; but the t^reater part were not in
a humor to eat any thing — especially at such a
fi;ast. The nitwit was wearing awaj' : the ex-
pungers were i.j fidl force — ma-sters of the cham-
ber — ha;)py — and visibly determined to remain.
It became evident to the great opposition leaders
that the inevitable hour liad come : that the
damnable detvl vas to be done that night: and
that the dignity i;''.<ilence was no longer to them
a tenable position. The battle was going against
them, and they must go into it, without being able
to re-establish it. In the beginning, they had
not considered the expunging movement a scri-
ons pioeceding: as it advanced they still expect-
ed it to miscarry on some point : now the real-
ity of the thing stood before them, confronting
their presence, and refusing to " down " at any
command. They broke silence, and gave vent
to language which bespoke the agony of their
feelings, and betrayed the revulsion of stomach
with which they approached the odious subject.
Mr. Calhoun said :

"No one, not blinded by party zeal, can pos-
sibly be insensible that the measure proposed is
a violation of the constitution. The constitution
requires the Senate to keep a journal; this re-
solution goes to expunge the journal. If you
may expunge a part, you may expunge the
whole ; and if it is expunged, how is it kept ?
The constitution says the journal shall be kept;
this resolution says it shall be destroyed. It
dojs the very thing which the constitution de-
clares shall not be done. That is the argument,
the whole argument. There is none other.
Talk of precedents ? and precedents drawn from
a foreign country? They don't apply. No,
sir. This is to be done, not in consequence of
argument, but in spite of argument. I under-
stand the case, I know perfectly well the gen-
tlemen have no liberty to vote otherwise. They
lire coerced by an exterior power. They try,
Indeed, to comfort their conscience by saying
Lhat it is the will of the people, and thevoicj of

the people. Tt i« no purh thing. AVc aj] )^^
h< w these Icgislativontums havplKcnolitsivj'i
It is by dictation from the AVhite Ilousj., fj j
President himself, with that vast moss <if pair,
age which he wields, and the thouMnfl cxu,-
tions he is able to' hold up, has obtniiucj \\,,.i
votes of the .State liOgislatures ; aiid thi-i. f 4
sofith, is said to \tc the voice «(f the pe'i|ilc. "wj
voice of the jn'ople ! Sir, can we forp^ |i
fcene which wa.s exhibited in thischanilKTwl,
that expunging resolution was first iutnuli:,:
hero? Have wn forgotten the univeival piv;
way of conscience, ko that the Senator IV
Missouri was left alone? I see bcforc mi,,
tators who could not swallow that resulutiuni
and has its nature changed since then? I;
any more constitutional now than it v.iis thcni
Not at all. IJut executive power has intent
ed. Talk to me of the voice of the people ! .\,j
sir. It is the combination of patronapc
jiower to coerce this body into a gross ami yM
pable violation of the constitution. Some inili
viduala, I perceive, think to escape throuirh t;,
particular form in which thia act is to Iw rti]
petratcd. They tell us that the resolution J
your records is not to be expunged, but i , nnll
to bo endorsed ' Expunged,' Keally, sir, 1 A
not know how to argue against such contcmptl
ble sophistry, Tho occasion is too solemn fj
an argument of this sort. You are pninz i
violate the constitution, and you get rid of thl
infamy by a falsehood. You yourselves sa'- M
the resolution is expunged by your order, vi
you say it is not expunged. You put your aJ
in express words. You record it, and then tun
round and deny it.

" But why do I waste my breath ? I kiioil
it is all utterly vain. The day is gone ; nii;];
approaches, and nighl is suitable to the darl
deed we meditate. There is a sort of ilestinl
in this thing. The act must be performed ; aol
it is an act which will tell on the political histq
ry of this country for ever. Other prccedini
violations of the constitution (and they kd
been many and great) filled my bosom with i
dignation, but this fills it only with griej
Others were done in the heat of party. Powtj
was, as it were, compelled to support itself bl
seizing upon new instruments of influence i
patronage ; and there were {^mbitious and abl|
men to direct the process. Such was the i
moval of the deposits, which the President sei^
ed upon by a new<and unprecedented act of i
bitrary power ; an act which gave him ampl
means of rewarding friends and punishing enJ
mies. Something may, perhaps, be pardontf
to him in this matter, on the old apolopyo
tyrants — the plea of necessity. But here I
can be no such apology. Here no necessity c
so much as be pretended. This act origitutd
in pure, unmixed, personal idolatry. It is tij
melancholy evidence of a broken spirit, ready o
bow at the feet of power. The former act v
such a one as might have been perpetrated i
the days of Pompey or Caesar ; but an act liil

ANX<) 18n7. ANDllKW .lArK'SOX, 1'1{I>IIiI:NT.

720

is no K'lrh thinjr. ^V(< sH ]^,f,.^
lativo rc'tum!< linvo Ikcd o)it»iv,j
m friiin tlic AVhito Hints*., fij
I'lf. with tliat vast mass r.f pat,,
ifMn, nn<l the thousand <'.\|(.-,^|
B to' hold up. has ohtaiiiicl i|,
tftte LejrinluttirPH ; ntid thivfrj
> be the volte of the |a'0|,le. T,
)t'opU' ! Sir, can we foiyit ii(
IS exhibited in this chamlKT «| ,
; resolution was first iiitMuc!,
\'o fort;otteu tho univi'!>al piv;
ence, eo that the senator fi
left alone t 1 see heforc mi -,
lid not swallow that resolutidi;
ure changed since then? ]. m
titutional now than it was th(ii|
ut executive power Ims intiq* J
le of the voice of the people ! N |
( combination of patronapc sr.l
•c this body into a riosr ami \am
I of the constitution. Some inlJ
cive, think to escape throufrh ti.J
n in which thia act is to Ik! pH
Dy tell us that the resolutiDn («
s not to be expunged, but ii nnlj
id ' Expunged.' Keally, sir, 1 dl
,- to argue against Buch contcmiitil
The occasion is too solcinn fol

of this sort. You are poirj; tl
nstitution, and you get rid of thj
Isehood. You yourselves say thJ

is expunged by your order. Yd
lot expunged. You jiut your acj
rds. You record it, and then tun

ly it. ,

do I waste my breath ? I kiicij
ly vain. The day is gone ; nisiJ
lid nighl is suitable to the darl
tate. There is a sort of dostinj
The act must be performed j ail
lich will tell on the political hista
untry for ever. Other precodiu
the constitution (and they m
id great) filled my bosom with id
it this fills it only with griti
done in the heat of party. Powd
:e, compelled to support itself bj
new instruments of influence ail
nd there were ambitious and abl
t the process. Such was the ra
deposits, which the President sd
new <and unprecedented act of ai
r ; an act which gave him ampl
arding friends and punishing enJ
ithing may, perhaps, be pardoncj
lis matter, on the old apolofn^d
plea of necessity. But here tkij
;h apology. Here no necessity (
je pretended. This act originstd
lixed, personal idolatry. It is id
ividence of a broken spirit, rcadn
jet of power. The former actd
8 might have been perpetrated)^
Pompey or Caesar ; but an act P

tofould never Iiave licen consnnunattil by a
It man Senate until the times of Cali-iil.i and;

J[r. Cnlhoim was rijrht in his tannr about tlic

Liversal giving way when the ri'solutii'n wnH ^

{-it introduced — the solitude in which the

,vtr was then left — and in which «olitu<Ic lie '

hwld have In ;i left to the end, had it not been |

(.rhis couin,2c in reinstating the word expunge,

lindarF»''"K '" ^'''^ p<>oplc.

Mr. Clay conimencefl with showin?; -.lint he
\yl ncvcrbi'lieved in the reality of the procecd-

b; until now ; that he had considered the rcso-
k'ion iiR a thing to be taken up for a speech.

isd laid down when the speech was delivered ;
Ifinl that the last laying down, at the previous
\mon, was the end of the matter. lie .^aid :

■•Considerine that ho was the mover of the
ruhition of Jfarch, 18.14. and the consequent
Iftlation in which ho stood to the majority of
litie Senate by whose vote it was adopted, he
Ld felt it to be his duty to say something
Im this expunging resolution; and ho had
Islirays intended to do so when he should be
Irorsimded that there existed a settled purpose
Iff pressing it to a final decision. But it had
ll«n 60 taken up and put down at the lost kcs-
Isioii— taken up one dav, when a speech was
Irrtpared for delivery, and put down when it was
Irrnnonnced — that he had really doubted whe-
litcr there existed any serious intention of ever
Iptting it to the vote. At the rery clo.se of the
Ibst session, it will be recollected that the reso-
llition came up, and in several quarters of the
|?cnRto a disposition wa.s manifested to come to
li definitive decision. On that occasion ho had
Icffcred to waive his right to address the Senate,
lind silently to vote upon the resolution ; but it
lias again laid upon the table ; and laid there for
liver, as the coimtry suppo.sed, and as he be-
IlicTed. It is, however, now revived ; and, sun-
Idrj- changes having taken place in the members
lof this body, it would seem that the present
Idcsipi is to bring the resolution to an absolute
Iconclusion."

Then, after an argument against the expurga-
Ition, which, of necessity, was obliged to be a
apitulation of the argument in favor of the
joriginal condemnation of the President, he went
pn to give vent to his feelings in expressions not

SB bitter and denunciatory of the President

nd his friends than those used by Mr. Calhoun,

Hying:

"But if the matter of expunction be contrary
|o the truth of the case, reproachful for its base
lubscrviency, derogatory from the just and ne-

res'ary powers of tho SVnnfe. and rf]iutrnnnt tn
till' conctitiitii'n of the Tnitcd .*siatcs tltn nmn-
iHT in which it is pn>p<>so<l to accotniiJiMh thin
ilark dri'd is nl>ci lii;:lily cxciplionnbic. The
cxpuiijriug rt'MiItiiion. wjiich is to Mot out or
enshroud tlic four <ir live lims in wtiii'h the
risolutinn of l.sill stands ncordfil. ut nitliir
the ii'cituls by wliidi it is preceded, arc spun
out into u tlireiid of ennrnious Kiiirtli. It riiux,
whereas, and whereas, and whereas, and where-
as, niid wliere.'is, Ac, into a forniidaliic iirrny of
nine several whereases. One who should have
the courage to begin to read tliein, unaware of
what was to be their termination, woidd think
that at the end of such a tremendous display ho
must lind the very devil."

And then coming to the conclusion, he con-
centrated his wrath and grief in an apostro-
phizing peroration, which lacked nothin;< but
verisimilitude to have been grand and all'ecti.ig.
Thus :

" But why should I detain the Senate, or
needlessly waste nn' breath in fruitless exer-
tions. 'r\\)s decree nas gone forth. It is one of
urgency, too. 'i he deed is to be done — that foul
deed which, like the blood-stained hands of the
guilty ilaebcth, all ocean'.-? waters will never
wash out. Proceed, tlien, with the noble work
which lies before you, and, like other skilful
executioner.s. do it quickly. And when you have
perpetrated it, go home to the people, and tell
them what glorious honors you have achieved
for our common country. Tell them that you
have extinguished one of the brightest and
purest lights that ever burnt at the altar of
civil liberty. Tell them that you have silenced
one of the noblest batteries that ever thundered
in defence of the constitution, and bravely spiked
the cannon. Tell them that, henceforward, no
matter what daring or outrageous act any- Presi-
dent may perform, you have for ever hermeti-
cally sealed the mouth of the Senate. Tell
them that he may fearlessly assume what pow-
ers he pleases, snatch from its lawful custody
the public purse, command a military detach-
ment to enter the halls of the capitol, overawe
Congress, trample down the constitution, and
raze every bulwark of freedom ; but that the
Senate must stand mute, in silent submission,
and not dare to raise its opposing voice. That
it must wait until a House of Representatives,
humbled and subdued like itself, and a majority
of it composed of the partisans of the President,
shall prefer articles of impeiichmcnt. Tell them,
finally, that you have restored the glorious doc-
trines of passive obedience and non-resistance.
And, if the people do not pour out their indig-
nation and imprecations, I have yet to learn the
character of American freemen.'*

Mr. Webster spoke last, and after a pause in
the debate which seemed to indicate its concl^-

I I

730

THIRTY VKARS' VI]. kV.

fiion} and only roMv, and tlint Nlnwly, u the
(|\u'Hfi()ti wn>, (il)(iiil t'l 1)0 put. IFdvinn no jht-
soniil ^TiffH ill n-lnti'in to Cn tiernl Jncksnn liKf
Mr. Ciillioim and Mr. Clay, and iv 'ij v U miHra-
ment hss ardnit, he dilivind li , -' ii villi coni-
|i:in»livt' inodt ration, coii(iuin;r hinisolf to a brief
protiHt nirninst (ho not j and c')nchidin;r, in mea-
sured and oonsidcriMl lanpui^jc, witli exiins.sinj?
liis {jricf and niortillcation ut what lie was to
bciiold ; thiiH :

" Wc have seen, witli deep and .sincere pain,
tho kyislaturiH of respectnljie States iiint meting
the senators of those States to vote for and Kup-
port this viohition of the journal of tiic Senate;
and this pain is infinitely increased hy otir full
belief, and entire conviction, that niost, if not
till these proceedings of States had their origin
in ]>roiniitin(rs from AVashin^^ton ; that they
Jiave been nr(;eiitly rtMjuested and insisted on,
11- bcinv: necessary to the accomplislinient of the
intended purpose ; and that it is nothing else
but tho influence and power of the executive
branch of this government which has brought
the legislatures of so many of the free States of
this Union to (juit tlie ephere of their ordinary
duties, for the jiurpose of co-operntiiig to accom-
plish a measure, in our judgment, so unconsti-
tional, so derogatory to the character of the
Senate, and marked with so broad an impression
of compliance with power. Ihit this resolution
is to pass. AVe expect it. That cause, which
has l»een powerful enough to influence so many
State legislatures, will show itself powerful
enough, especially with such aids, to secure the
passage of the resolution hero. We make up
our minds to behold tlio spectacle which is to
ensue. Wo collect ourselves to look on, in si-
lence, while a scene is exhibit 'd which, if we did
not regard it as a rutldess violation of a suned
instrument, would appear to us to bo little ele-
vated above tho character of a contemptible
farce. This scene wc shall behold ; and hun-
dreds of American citizens, as many as may
crowd into these lobbies and galleries, will be-
hold it also: with what feelings I do not under-
take to say."

Midnight was now approaching. The dense
masses which filled every inch of room in the
lobbies and the galleries, rciuaincd immovable.
No one went out: no one could get in. Tho
floor of the Senato was crammed with privileged
persons, and it seemed that all Congress was
there. Expectation, and determination to see
the conclusion, was depicted upon every counte-
nancc. It was evident there was to bo no ad-
journment until the vote should be taken — until
the deed was done ; and this aspect of invinci-
ble determinaliou, bad its effect upon the ranks

of the >,jifM.sltion. They In-gan to fi,lt,.r 1,^,5
n MselcHd iH-rnistcncc, f"r they alono now fl„| iw
Nixakinjr; andwliile Mr. Wihstir wn, v,t
citing his protest, two ocnatorfi from the <,,,
site side, who had been 1«st able to nmintaii, ti,,,!
equanimity, came round to the author (,f tj
View, and said " This question has dictmriiJ
into a trial of nerves ami 'uuscles. It hj,
come a ((uestion of physi* ul enduranne ; urnl
see no use in weariiiir ourselves out to ki\p,
for a few hours longi. what has to come luf.J
wo sepai ite. We see that you are able a™
determined to irry your measure; so call th
vote as soon as you please. AVo shall say
more." Mr. Webster concluded. N'ooiicriisi
There was a i)ause, a dead .-ilence, ami uii iniwu
ficling. Presently the silence was iuvadeil ],]
tho single word "question"— the pniliamtJ
tary call for a vote — rising from the scats
different senators. One blank in the risolTl
remained to bo filled — tho date of its ailiiptioJ
It was done. The acting president of th^' ,'«i
natc, Mr. King, of Alabama, then directed tlJ
roll to bo called. Tho yeas and nays had kti
previously ordered, and proceeded to be calld
l>y the secretary of tho Senate, Mr. Asljim
Dickens. Forty-three senators were |iri;senl
answering: five absent. The yeas were :

"Messrs. Benton, Brown, Buchanan, DanJ
Ewing of Illinois, Fulton, Grundy, Ilubbat^
King of Alabama, Linn, Morris, Nicholas, Nila
Page, Rives, Robinson, Rugglos, Sevier, .Stranp
Tallmadgo, Tipton, Walker, Wall, Wright.

"Nays. — Messrs. Bayard, Black, (.'alhouiJ
Clay, Crittenden, Davis, Ewing of Ohio. HeJ
dricks, Kent, Kright, Moore, Prentiss, Preston
Robbins, Southard, Swift, Tomlineon, Wcbsteil
White."

Tho passage of the resolution was announceJ
from the chair. Mr. Benton rose, and said tlii[
nothing now remained but to execute thi
order of the Senate ; whick he moved be donj
forthwith. It was ordered accordingly. Thj
Secretary thereupon produced the origira
manuscript journal of the Senate, and openiii
at the page which contained the condcmnatorj
sentence of March 28th, 1834, proceeded iJ
open Senate to draw a square of broad blacl
lines around tho sentence, and to write acroa
its face in strong letters these words: "Ei|
punged by order of tho Senate, <tilaa IGth dtl
of March, 1837." Up to this momont thecrc»ij

ANNO 1S37. AM»i;t\V JACKSKN, l'IU>II>E.NT.

731

on. TlM-y liopiii to fult.r un^
itcnoc. f'Ttlicy nl«mc now ili,| |J

wliilo Mr. Wili>.t(r w;n v,t]
•Bt, two Kcnators fMin tV. ,,,,,
1(1 Ikx'ii Ih'hI abl<.' to iimintaiii ilaj
iiio riiuiul to tlie outlmr r,f lij

•' Tills qiu Htion iioci digtnirsj
iicnoM ami niusck-s. It has
n (if phj'Mitiil eiidiiranw; aiiih
VL'jiriiicr ourselves out in kivpi*
\i longc. what has to conn- UfyJ

"\Vu Bfc tliat you aru abli.
irry your incaHiir*': so call th
1 you iilease. AVo shall say
Vcbster coiuludcd, Nodiic mi
luse, a dead .-dcnce, ami an iintiu
jutly tlui bileuce was iiivaild
>ri\ "question" — the paiimmij
I vote — rising from the scats
tors. One blank in tlio rtsolJ
e filled — the date of its ailnptioi^

The noting president of tho :<«
g, of Alabama, then dirt'cted thj
I'd. The yeas and nays had !«!
lered, and proceeded to be taiy
ary of the .Senate, Mr. Aslmr]
rty-three senators were prusenj
re absent. The yeas were :

lenton, Brown, Buchanan, DanJ
inois, Fulton, Grundy, HubhatJ
nia, Linn, Morris, Nicholas, Nilei
obinson, Ruggles, Sevier, Htranp
pton. Walker, Wall, Wright.

essrs. Bayard, Black, I'alhouiJ
den, Davis, Ewing of (Jhii . Henl
Kright, Moore, Prenti.ss, I'restoJ
hard. Swift, Tomlineon, Welstel

3 of the resolution wa.s announceij
r. Mr. Benton rose, and said tiia
remained but to execute lb
Senate ; whicli he moved be doa
t was ordered accordingly. Tb
ereupon produced the origin
mrnal of the Senate, and cpcnii
Inch contained the condcmnaton
March 28th, 1834, proceeded
draw a square of broad blacil
the sentence, and to write acroa
trong letters these words: "Ei|
(Icr of the Senate, 4138 ICth d»i
J7." Up to this moioont the crc«|

;h*^at circular gallery, looking down upon

.Senate, though bulUn and menacing in their

,., had nia<lo no nianifentafion of fveling;

,iit W1I* d"<ibtl«>s not the intention of Mr.

!„'tr to excite that nianifi station when he

Urn"! to their nuiiiberH, and expresse*! his ig-

nniv of the feeling with which they would

(ill. deed done whiih he mo much depn-catcd.

i,iihiU'*s no one intemledto excite that crowd,

nly eoni|K)8ed, (w of uKual since the bank

u.ti.m U'gan, of friends of that iiiHtitution ;

y: it-* ftp|icarnni"o Ix-'cniif h that .Senator

;:n,t')lleiigue of .Seiiiitor

iin*. Hiii'e senator ' ■

t; and brought in arms lb.

^yjt Iiim J among them

tj'.U'riiig what had b

^Ir. (JeorgeW,
'hers sent
.rathered
. who, re-
I'liud to General

ckson, aiul knowing that, after him, her hus-
j:i,lwa.s most obnoxious to the bank party,
klher anxiety sufllciently excited to wish to
[mr him in this concluding scene of a seven
(jr?' contest with tliat great moneyed power.
hin.'-i were in this state when the Secretary
nhe .Sen tto began to jjerform the expunging
U"i3 0u the manuscript journal. Instantly
lilurm of hisses, groans, and vociferations

; from the left wing of the circular gallery,
Icr the head of Senator Benton. The presid-
j officer promptly gave the order, which the
Ill's prescribe in such cases, to clear the gallery.

. Bcuton opposed the orJer, saying :

■I hope the galleries will not be cleared, as

inv inn>3cent persons will bo excluded, who

Jit been guilty of no violation of order. Let

rntliuns who have made the disturbance

inc be punished: let them bo apprehended.
iope the sei-gvant-at-arms will be directed to
Iter the gallt -y, and seize the ruffians, ascer-
liiinf; who they are in the best way ho can.

t him apprehend them and bring them to the

rof the .Senate. Let him seize the bank ruf-
Ja», I hope that they will not now be suffered
(insult the Senate, as they did when it was
Vr the power of the Bank of the United
ptes, when ruffians, with arms upon them,

lited us with impunity. Let them be

\cn and brought to the bar of the Senate.

; is one just above me, that may easily be

ntifled— the bank ruffians ! "

^Ir. Benton knew that he was the object of

outrage, and that the way to treat these

altera wiHitches was to defj' and seize

n, and have them dragged as criminals to

I bar ot the Senate. They were congregated

iinmoliuti'ly ov«r his liend. and liacl ividently
culK'ctt'd into that pi. tee. Iiii« ntotii-n wai* Uj^ret d
to. The order to t-Knr the gnllerieit wa.s rt'vokcd ;
the oplir to Miw the di:*turU'rM was gi»»ii, and
immeditttily exciutiil by t'le emigdic c. r^'enni-
Bt-arms, Mr. John .Shaekford, and bif* lk'•^iMlant.''.
The ringleader was wi/.d. and luoiiylii to the
bar. This sudileu rxample intiiuiduted the rest ;
and the expunging iiroevss was {nrfornied in
fiuiet. The whole scene w.is iiiipri'ssive ; but
no part of it so much so as to see ;!^' ur.'nt
leaders who, for seven long years iiMi viaiitl
upon (ii'iicral Jackstm, and a T'-i'nii'i Intios
jironouneed hiia riiMied,ea('ii risi 5 in J"- \:^"cv,
with pain and reluctance, to confess themselves
Ynnfjuished — to admit his jM)wer,and their weak-
ness — mid to exhale their griefs in unavailing
reproaches, and itnpotejit deprecations. U was
a tribute to his invincibility which cast into the
shade all the eulogiums of bis friemls. The
gratification of General Jackson was extreme.
lie gave a grand dinner to the expnngers (as
they were called) and their wives ; and being
too weak to sit at the table, he only met tho
company, placed the " head-expunger" in his
chair, and withdrew to his sick chamber. That
expurgation ! it was the " crowning mercy " of
his civil, as New Orleans had been of his mili-
tary, life !

C II A P T E 11 C L X 1 1 .

THE SUI'UEME COUKT-JUDGES AND OFFICEHS.

The death of Chief Justice Marshall had vacated
that high office, and Roger B. Taney, Esq., was
nominated to fill it. He still encountered op-
position in the Senate ; but only enough to show
how much that opj)Osition had declined since
the time when he was rejected as Secretary of
the Treasury. The vote against his confirma-
tion was reduced to fifteen ; namely : Messrs.
Black of Mississippi; Calhoun,CIay,Crittcnden;
Ewing of Ohio ; Leigh of Virginia ; Mangum ;
Naudain of Delaware; Porter of Louisiano;
Preston ; Bobbins of Rhode Island ; Southard,
Tomlinson, Webster, White of Tennessee.

Among the Justices of the Supreme Court,
I these changes took place from the comracnce-

I: 1»|-

IMAGE EVALUATION
TFST TARGET (MT-3)

1.0

I.I

UiWM |2.5

ta l&i 12.2
^ li£ 12.0

INE

|l.25|||,.4||,.6

►

Photograiiiic

Sciences
Corporation

23 WEST MAIN STRKT

WEBSTER, N.Y. 14S80

(716) •72-4503

••

1 •

. •

•

-i

732

THIRTY YEARS' VIEW,

ment of this View to the end of General Jack-
fon's administration : Smith Thompson, Esq.,
of New York, in 1823, in place of Brockholst
Livingston, Esq., dccea.scd ; Robert Trimble, Esq.,
of Kentucky, in 1826, in place of Thomas Todd,
deceased ; John McLean, Esq., of Ohio, in 1829,
in place of Robert Trimble, deceased ; Henry
Baldwin, Esq., of Pennsylvania, in 1830, in place
of Bushrod Washington, deceased; James M.
Wayne, Esq., of Georgia, in 1835, in place of
William Johnson, deceased ; Philip P. Barbour,
Esq., of Virginia, in 1830, in place of Gabriel
DuTal, resigned.

In the same time, William Griifith, Esq. of
New Jersey, was appointed Clerk, in 1826, in
place of Elias B. Caldwell, deceased ; and Wil-
liam Thomas Carroll, Esq., of the District of
Columbia, was appointed, in 1827, in place of
William Griffith, deceased. Of the reporters
of the decisions of the Supreme Court, Richard
Peters, jr., Esq., of Pennsylvania, was appointed,
in 1828, in place of Henry Wheaton; and Ben-
jamin C. Howard, Esq., of Maryland, was ap-
pointed, in 1843, to succeed Mr. Peters, de-
ceased.

The Marshals of the District, during the
same period, were : Henry Ashton, of the Dis-
trict of Columbia, appointed, in 1831, in placo
of Tench Ringgold ; Alexander Hunter, of the
same District, in place of Henry Ashton ; Robert
Wallace, in 1848 in place of Alexander Himter,
deceased ; Richard Wallach, in 1849, in place of
Robert Wallace ; and Jonah D- Hoover, in 1853,
in place of Richard Wallach.

CHAPTER CLXIII.

FAREWELL ADDRESS OP PUESIDENT JACKSON—
E.\TKACT.

Following the example of Washington, 'Gene-
ral Jackson issued a Farewell Address to the
people of the United States, at his retiring from
the presidency ; and, like that of Washington,
it was principally devoted to the danger of dis-
union, and to the preservation of harmony and
good feeling between the different sections of
the country. General Washington only had to
contemplate the danger of disunion, as a possi-
bility, and OS an event of future contingency ;

General Jackson had to confront it as a prtv
actual, subsisting danger ; and said :

"We behold systematic efforts publicly tnj
to sow the seeds of discord between diffori
parts of the United States, and to place mi
divisions directly upon geofi^phical distinotio
to excite the South against the North, and i
North against the South, and to force into »
controversy the most delicate and excitin"

Kics — topics upon which it is impossible tha
irge portion of the Union can ever apeak wi
out strong emotion. Appeals, too, are constan
made to sectional interests, in order to influei
the election of the Chief Magistrate, as if it v
desired that he f-hould favor a particular qtm
of the country, instead of fulfilling the dut
of his station with impartial justice to all ; a
the possible dissolution of the Union has
length become an ordinary and familiar siibj
of discussion. Has the warning voice of ff»
ington been forgotten ? or have designs alrej
been formed to sever the Union ? Let it not
supposed that I impute to all of those who hi
taken an active part in these unwise and unp
fitable discussions, a want of patriotism or
public virtue. The honorable feelings of St
pride, and local attachments, find a place in
bosoms of the most enlightened and pure,
while such men are conscious of their own
tegrity and honesty of purpose, they ou|
never to forget that the citizens of other Stu
are their politicaf brethren ; and that, howe
mistaken they may be in their views, the p
body of them are equally honest arid upri|
with themselves. Mutual suspicions and
proaches may in time create mutual hostili
and artful and deolgning men will always
found, who ate ready to foment these fatal di
sions, and to infiame the natural jealousies
different sections of the country ! The histi
of the world is full of such examples, and os
cially the history of republics.

" What have you to gain by division andi
sension ? Delude not yourselves with the
lief, that a breach, once made, may be iStem
repaired. If the Union is once severed, the 1
of separation will grow wider and wider; i
the controversies which are now debated i
settled in the halls of legislation, will then
tried in fields of battle, and determined bj
sword. Neither should you deceive yoursel
with the hope, that the first line of sepant
would be the permanent one, and that noth
but harmony and concord would bo found
the new associations formed upon the im
tion of this Union. Local interests would i
be found there, and unchastened ambition,
if the recollection of common dangers, in tIi
the people of these United States stood side
side against the conunon foe— the memor;
victories won by their united valor ; the pi
perity and happiness they have enjoyed uo
the present constitution ; the proud namet
bear as citizens of this great republic-if

AXNO 1837. ANDREW JACKSON. rRFJ^IDKNT.

■33

son hn<l to confront it luaprev
ting danger ; and said :

Id Bystcmatic efforts publicly m
ccds of discord between differ
United States, and to place pa
<;tly upon geop;Taphical distinotioi
South against the North, ami
it the South, and to force into
the most delicate and exciting
upon which it is impossible thai
I of the Union can ever apealc wi
notion. Appeals, too, are constan
;ional interests, in order to influei
of the Chief Magistrate, as if it w
he f-hould favor a particular qnai
try, instead of fulfilling the du
n with impartial justice to all ; ,
( dissolution of the Union has
ne an ordinary and familiar subj
a. lias the warning voice of Wa
forgotten 1 or have designs alrei
I to sever the Union ? Let it not
lat I impute to all of those who t
tive part in these unwise and unpl
ussions, a want of patriqlisn or
e. The honorable feelings of S
ocal attachments, find a place in
:he most enlightened and pure,
men are conscious of their own
1 honesty of purpose, they ouj
•get that the citizens of other Stil
iliticat brethren ; and that, howe
ley may be in their views, the p
im are equally honest and upri
selves. Mutual suspicions and
ay in time create mutual hostili
and designing men will always
are ready to foment these fatal d
to inflame the natural jealousies
ictions of the country ! The histi
Id is full of such examples, and C6]
listory of republics.
ia»e you to gain by division and
Delude not yourselves with the
jreach, once made, may be ifterwai
If the Union is once severed, the'
on will grow wider and wider;
iversies which are now debated
;he halls of legislation, will then
Ids of battle, and determined hy
either should vou deceive yoursel
lope, that the first line of sepani
the permanent one, and that notl
ony and concord would bo found
Bsociations formed upon the dir
is Union. Local interests would
here, and unchastened ambition.
•Dection of common dangers, in tI
I of these United States stood side]
st the common foe—the memor
von by their united valor ; the
I happiness they have enjoyed
It constitution ; the proud name
itizena of this great republic

recollections and proofs of common inter-

Oi not 8»rong enough to bind us together

'xrx l<co]'\e, what tie will hold united the new

[jsions ol' empire, when these bond.s have Iwen

ten and this L nion dissevered ? The first

of separation would not last for a single
[ration J new fragments would be torn off;
, leaders would spring up ; and this great
jjrlorious republic would soon be broken into
lultitudo of petty States, without commerce,
(bout credit ; jealous of one another ; armed
mutual aggressions; loaded with taxes to pay
lies and leaders ; seeking aid against each
trfrom foreign powers ; insulted and tram-

iipon by the nations of Europe ; until, har-

A with conUicts, and humbled and debased

Lirit, they would be ready to submit to the

olute dominion of any military adventurer,

to surrender their liberty for the sake of
It is impossible to look on the conse-
tnces that would inevitably follow the destruc-
. of this government, and not feel indignant
m we hear cold calculations about the value
fthe Union, and have so constantly before us
le of conduct so well calculated to weaken
I lies."

ISothing but the deepest conviction of an ac-

Idangcr could have induced General Jackson,

|tbis solemn manner, and with such pointed

fercnce and obvious application, to have given

warning to his counirymen, at that last

Qcnt, when he was quitting oflBce, and re-

ning to his home to die. He was, indeed,

Illy impressed with a sense of that danger—

Imuch so as Mr. Madison was — and with the

|!ic"pain" of feeling, and presentiment of

calamities to our countiy. What has

taken place has shown that their apprc-

uions were not groundless — that the danger

i deep-seated, and wide-spread ; and the end

• yet

CHAPTER CLXIV.

(iCLUSION OF GENERAL JACKSON'S ADMINIS-
TKATION.

|[ enemies of popular representative govcm-
pt may suppose that they find something in

I work to justify the reproach of faction and
lence which they lavish upon such forms of
leramcnt ; but it will be by committing the

ake of overlooking the broad features of a ' nole war, and says

picture to find a blemish in the detail — disrcgarl-
ing a .statesman's life to find a misstep ; and shut-
ting their eyes upon the acli. m of tnc |)CopIc. TIio
mistakes and errors of public men arc fairly
shown in this work ; and that might seem to ju.>iti-
fy the reproach : but the action of the people i.-i
immediately seen to come in, to correct every
error, and to show the capacity of the people for
wise and virtuous government. It would be te-
dious to enumerate the instances of this conserva-
tive supervision, so continually exemplified in the
course of this history ; but some eminent cases
stand out too prominently to be overlooked
The recharterof the Bank of the United States
was a favorite measure with politicians; the
people rejected it ; and the wisdom of their con-
duct is now universally admitted. The distri-
bution of land and money was a favorite mea-
sure with politicians ; the people condemned it
and no one of those engaged in these distribu-
tions ever attained the presidency. President
Jackson, in liis last annual message to Congress,
and in direct reference to this conservative ac-
tion of the people, declared " that all that had
occurred during his administration was calcula-
ted to inspire him with increased confidence in
the stability of our institutions." I make tlio
same declaration, founded upon the same view
of the conduct of the people — upon the obser-
vation of their conduct in trying circumstances ;
and their uniform discernment to see, and virtue
and patriotism to do, whatever the honor and
interest of the country required. The work is
full of consolation and encouragement to popular
government ; and in that point of view it may
be safely referred to by the friends of that form
of govornraent. I have written voraciously
and of acts, not of motives. I have sho^vn a
persevering attack upon President Jackson on
the part of three eminent public men during his
whole administration ; but have made no attri-
bution of motives. But another historian ha.s
not been so forbearing — one to whose testimony
there can be no objection, either on account of
bias, judgment, or information ; and who, writing
under the responsibility of history, has indicated
a motive in two of the assailants. Mr. Adams,
in his history of the administration of Mr.
Monroe, gives an account of the attempt in the
two Houses of Congress in 1818, to censure
General Jackson for his conduct in the Semi-
" Efforts were mndc in Cf ■ ■

734

THIRTY YEARS' VIEW.

^fX..

press to procure a vote ccnsaring the conduct
of Oenernl Jockpon, whose fast increasing pop-
ularity had, in all probability, already excited
the envy of politicians. Mr. Clay and Mr. Cal-
houn in particular favored this movement ; but
the President himself, and Mr. Adams, the Se-
cretary of State, who had charge of the Spanish
negotiation, warmly espoused the cause of the
Amcrionn commander." This fear of a rising
popularity was not without reason. There were
proposals to bring General Jackson forward for
the presidency in 1810, and in 1820; to which
he would not listen, on account of his friendship
to Mr. Monroe. A refusal to enter the canvass
at those periods, and for that reason, naturally
threw him into it in 1824, when he would come
into competition with those two gentlemen.
Their opposition to him, therefore, dates back
to the first term of Mr. Monroe's administra-
tion ; that of Mr. Clay openly and responsibly ;
that of Mr. Calhoun secretly and deceptiously,
as shown in the " Exposition." They were both
of the same political party school with General

Jackson ; and it was probably his rising to t
head of that party which threw them lx)th o
of it. Mr. Webster's opposition arose from \
political relations, as belonging to the opposj
school 5 and was always more moderate, «
better guarded by decorum. He even append
sometimes, as the justifier and supporter
President Jackson's measures ; as in the wt
known instance of South Carolina nulljficatio
Mr. Clay's efforts were limited to the ore
throw of President Jackson ; Mr. Calhoun's i
tended to the overthrow of the Union, and
the establishment of a southern confederacy
the slave States. The subsequent volume w
have to pursue this subject.

This chapter ends the view of the administi
tion of President Jackson, promised to him
his lifetime, constituting an entire work in i
selt, and covering one of the most eventful p
riods of American history— as trying to t!
virtue and intelligence of the American peop
as was the war of the revolution to their coa
age and patriotism.

ANNO 1837. MARTIN VAN DUREX. rRESIDENT.

735

d it WM probably his rising to tl
, party which threw them both c
Webster's opposition arose from ]
itions, as belonging to the oppf»;
was always more moderate. «
ed by decorum. He even appear
IS the justifler and supporter
ackson*s measiires ; as in the wej
nee of South Carolina nuUificati^
efforts were limited to the ova
isidcnt Jackson ; Mr. Calhoun's i j
he overthrow of the Union, and i
iment of a southern confederacy i
ates. The subsequent Tolume wj
me this subject,
iter ends the view of the administij
sident Jackson, promised to him
, constituting an entire work in I
rering one of the most eventful |
merican history — as trying to til
intelligence of the American peopf
war of the revolution to their <
riotism.

CHAPTER CLXV.

ELTiniNO AND DEATH OF GENERAL JACKSON-ADMIXISTUATION OF MAUTIN VAN BCUEX.

second and last term of General Jack-
s'; presidency expired on the 3d of March,
The next day, at twelve, he appeared

1 his successor, Mr. Van Buren, on the ele-

i and spacious eastern portico of the capitol,
lone of the citizens who came to witness the

uration of the new President, and no way

nguishcd from them, except by his place on
^ieft hand of the President elect. The day

beautiful — clear sky, balmy vernal sun,
inquil atmosphere ; — and the assemblage im-
nse. On foot, in the largo area in front of
! steps, orderly without troops, and closely
iJgcd together, their faces turned to the por-

-presenting to the beholders from all the
^ern windows *he appearance of a field paved

1 human faces. This vast crowd remained
(ted to their places, and profoundly silent,

I the ceremony of inauguration was over.
; the stillness and silence of reverence and
Jction ; and there was no room for mistake as
nliom this mute and impressive homage was
Idered. For once, the rising was eclipsed by
I setting sun. Though disrobed of power,
I retiring to the shades of private life, it was
pt that the great ex-President was the ab-
ping object of this intense regard. At the

ment he began to descend the broad steps of
I portico to take his seat in the open carriage
p was to bear him away, the deep repressed
; of the dense mass bro< k forth, acclama-

sand cheers bursting from the heart and
bg the air — such as power never commanded,
jman in power received. It was the affec-

L gratitude, and admiration o'. the living age,

king for the last time a great man. It was

acclaim of posterity, breaking from the
Ims of contemporaries. It was the antici-

pn of futurity— unpurchasable homaee to

the hero-patriot who, all his life, and in all cir-
cumstunces of his life, in peace and in war, and
glorious in each, had been the friend of his
country, devoted to her, regardless of self. Un-
covered, and bowing, with a look of unaflccted
humility and thankfulness, he acknowledged in
mute signs his deep sensibility to this affecting
overflow of popular feeling. I was looking donoi
from a side window, and felt an emotion which
had never passed through me before. I had seen
the inauguration of many presidents, and their
going away, and their days of state, vested with
power, and surrounded by the splendors of the
first magistracy of a great republic. But they
all appeared to be as pageants, empty and soul-
less, brief to the view, unreal to the touch, and
soon to vanish. But here there seemed to bo a
reality — a real scene — a man and the people —
he, laying down power and withdrawing through
the portals of everlasting fame ; — they, sounding
in his cars the everlasting plaudits of unborn
generations. Two days after, I saw the patriot
ex-President in the car which bore him off to
his desired seclusion. I saw him depart with
that look of quiet enjoyment which bespoke the
inward satisfaction of the soul at exchanging the
cares of oflBce for the repose of home. History,
poetry, oratory, marble and brass, will hand
down the military exploits of Jackson : this
work will commemorate the events of his civil
administration, not less glorious than his mili-
tary achievements, great as they were ; and this
brief notice of his last appearance at the Ame-
rican capitiil is intended to preserve some faint
memory of a scene, the grandeur of which was
so impressive to the beholder, and the solace of
which must have been so grateful to the heart
of the departing patriot.
Eight years afterwards he died at the Hermit-

736

TlllUTY YKAPS" VIF.W.

age, in the full posscKsion of till his fiicultlt's,
and stroii;; to tlic last in the ruling passion of
his Houl — love of countr}-. Public history will
do justice to his public life ; but a further notice
is wanted of hiin — a notice of the domestic
man — of the man at home, with his wife, his
fiiends, his noif^hbors, his slaves ; and this I feel
some qualilication for giving, from my long and
varied acquaintance with him. First, his inti-
mate and early friend — then a rude rupture —
afterwards frimdsljip and intimacy for twenty
years, and until liis death : in all forty years of
personal observation, in the double relation of
friend and fuc, and in all the walks of life, public
and private, civil and military.

Tho first time that I saw General Jackson
was at Nashville, Tennessee, in 1799 — ho on
the bench, a judge of the then Superior Court,
and I a youth of seventeen, back in the crowd.
He was then a remarkable man, and had his
ascendant over all who approached him, not the
effect of his high judicial station, nor of tho
senatorial rank which he had hold and resigned ;
Ror of military exploits, for he had not then
been to war ; but the effect of {lersonal qualities ;
cordial and graceful manners, hospitable temper,
elevation of mind, undaunted spirit, generosity,
and perfect integrity. In charging the jury in
the impending case, he committed a slight so-
lecism in language which grated on my ear, and
lodged on my memory, without derogating in
tho least from the respect which hj inspired ;
and without awakening the slightest suspicion
that I was ever to be engaged in smoothing his
diction. The first time I spoke with him was
some years after, at a (then) frontier town in
Tennessee, when he was returning from a
Southern visit, which brought him through tho
towns and camps of some of the Indian tribes.
In pulling off his overcoat, I perceived on the
white lining of the turning down sleeve, a dark
speck, which had life and motion. I brushed it
off, and put the heel of my shoe upon it — little
thinking that I was ever to brush away from
him game of a very different kind. He smiled;
and we began a conversation in which he very
quickly revealed a leading trait of his charac-
ter, — that of encouraging young men in their
laudable pursuits. Getting my name and parent-
age, and learning my intended profession, he
manifested a regard for me, said he had received
hospitality at my father's house in North Caro-

ful

Jiri

lTw

lino, gave nic kind invitations to visit him;
exjiresse<l a btliof that I would do well at
bar — generous words which had the I'li'ict
promoting what they umlcrtook to foretoll. S
after, ho had furtliir opportunity to shuw
generous feelings. I was employed in a (rim
nal case of great magnitude, where the ol
and ablest counsel appeared — Haywood, (I nun
Whiteside, — and tho trial of which Giia
Jackson attended through concern for tl
of a friend. As junior counsel I had ;o
cede my elders, and did my best ; and, it It
on the side of his feelings, he found my effort
bo better than it was. He complimenttd
greatly, and from that time our intimacy Ix-

I soon after became his aid, he being a .Mji,
General in the Tennessee militia— made so
a major ity of one vote. How much often
pends upon one vote ! — New Orleans, the C
campaign, and all their consequences, date fro
that ono vote ! — and after that, I was habitual
an his house ; and, as on inmate, had opportu:
tics to know his domestic life, and at tht pen
when it was least understood and most mi^'re
resented. IIo had resigned his place on
bench of the Superior Court, os he had prci
ously resigned his place in the Senate of
United States, and lived on a superb estite
some thousand acres, twelve miles from N:i;
ville, then hardly known by its subseqin
famous name of tho Hermitage — name chi
for its perfect accord with his feelings ; for
had then actually withdrawn from the stage
public life, and from a state of feeling w^
known to belong to great talent when findt
no theatre for its congenial employment,
was a careful farmer, overlooking every thi
himself, seeing that tho fields and fences wi
in good order, the stock well attended, and
slaves comfortably provided for. His houses
the scat of hospitality, tho resort of fnends i
aoquaintances, and of all strangers visiting
State — aad the more agreeable to all from
perfect conformity of Mrs. Jackson's chant
to bis own. But he needed some escitemt
beyond that which a farming life can afford.
found it, for some years, in the animating spoi
of the turf. He loved fine horses — racers
speed and bottom — owned several, and conti
ed the four mile heats with the best that m
be bred, or brought to the State, and for In
sums. That is the nearest to gaming tl

ANNO 1887. MAKTIN VAN 15UREN, PKI>II)ENT.

737

inil invitations to visit liim ;
lief that I wouM do well at th
word^ which hud the I'lIVn
t they undertook to forotill. ScJ
"arthcr opportunity to shi.w
iga. I was employed in a ( rin.l
•cat mngnitudo, where the oMJ
isel appeared— Haywood, Cinmiljl
nd the trial of which Climr
idcd through concern for tl.o U
As junior counsel I had in jjri
8, and did my licst ; and, it btirf
his feelings, he found my effort |
m it was. lie complimented
rom that time our intimacy kp
r hccame his aid, he being a Maj(|
ae Tennessee militia— maile so 1
f one vote. How much often <
mo vote !— New Orleans, the Cr
idaiTtheir consequences, date frol
9 !— and after that, I was habitual|
; and, as an inmate, had opportui
■ his domestic life, and attht peri
I least understood and most mu)
le had resigned his place on tl
e Superior Court, as he had prei
led his place in the Senate of tl
;es, and lived on a superb estate
ind acres, twelve miles from Xiis|
lardly known by its subseqm
of the Hermitage— name chi
accord with his feelings; for
tually withdrawn from the stage
and from a state of feeling w
ong to great talent when findi
for its congenial employment
"ul farmer, overlooking every thi
.ngthat the fields and fences w
er, the stock well attended, and
. tably provided for. His house
hospitality, the resort of friends
«s, and of all strangers visiting
the more agreeable to all from
mity of Mrs. Jackson's charai
But he needed some exciter
v^hich a farming life can afford,
some years, in the animating spol
He loved fine horses— racers
,ottom— owned several, and conti
mile heats with the best that coi
brought to the SUte, and for '
\i is the nearest to gaming tl

Uer knew him to come. Cards and the cock-

Int have been imputed to him, but most crrone-

Lfly. I never saw him engaged in cither.

Ilnicla were usual in that time, and he had his

of them, with their unpleasant concomi-

[tintg ; but thoy passed away with all their ani-

|»)!itics, and he has often been seen zealously

ising the advancement of those against whom

had but lately been arrayed in deadly hos-

ity.

His temper was placublo as well as irascible,

his reconciliations were cordial and sincere.

(' that, my own case was a signal instance.

er a deadly feud, I became his confidential

iriacr ; was offered the highest marks of his

or, and received from his dying bed a mes-

of friendship, dictated when life was de-

ing, and when he would have to pause for

latli. There was a deep-seated vein of piety

him, unaffectedly showing itself in his rovcr-

for divine worship, respect for the ministers

the gospel, their hospitable reception in his

ise, and constant encouragement of all the

|»U8 tendencies of Mrs. Jackson. And when

ly both afterwards became members of a

ch, it was the natural and regular result of

ir early and cherished feelings. He was gen-

ia his house, and alive to the tenderest emo-

; and of this, I can give an instance, greatly

contrast with his supposed character, and

irth more than a long discourse in showing

I that character really was. I arrived at

house one wet chilly evening, in February,

came upon him in the twilight, sitting alone

ire the fire, a lamb and a child between his

He started a little, called a servant to

lore the two innocents to another room, and

lltinec to me how it was. The child had

because the lamb was out in the cold, and

d him to bring it in — which he had done

please the child, his adopted son, then not

jears old. The ferocious man does not do

! and though Jackson had his passions and

Tiolence, they were for men and enemies —

who stood up against him — and not for

len and children, or the weak and helpless :

II whom his feelings were those of protec-

and support His hospitality was active

rell as cordial, embracing the worthy in

walk of life, and seeking out deserving

:ts to receive it, no matter how obscure.

his, I learned a characteristic instance in

Vol. I.— 47

relation to the son of the famous Daniel Boone.
The young man had come to Xasliville on his
father's business, to be detained some weeks
and had liis lotlgings at a small tavern, towanls
the lower part of the town, (icnoral Jackson
heard of it ; sought him out ; found him ; took
him home to remain as long as his business de-
tained him in the country, saying, " Your father's
dog should not stay in a tavern, where I have n
house." This was heart ! and I had it from the
young man himself, long after, when he was a
State Senator of the General Assembly of Mis-
souri, and, 08 such, nominated me for the United
States Senate, at my first election, in 1820: an
act of hereditary friendship, aa our fathers had
been early friends.

Abhorrence of debt, public and private, dis-
like of banks, and love of hanl money — love of
justice and love of country, were ruling pas-
sions with Jackson ; and of these he gave con-
stant evidence in all the situations of his life.
Of private debts he contracted none of his own,
and made any sacrifices to get out of those in-
curred for others. Of this he gave a signal in-
stance, not long before the war of 1812 — selling
the improved part of his estate, with the best
buildings of the country upon it, to pay a debt
incurred in a mercantile adventure to assist a
young relative ; and going into log-houses in the
forest to begin a new home and farm. He was
living in these rude tenements when he van-
quished the British at New Orleans ; and, prob-
ably, a view of their conqueror's domicile would
have astonished the British officers as much as
their defeat had done. He was attached to his
friends, and to his country, and never believed
any report to the discredit of either, until com-
pelled by proof. He would not believe in the
first reports of the surrender of General Hull,
and became sad and oppressed when forced to
believe it. Ho never gave up a <riend in a doubt-
ful case, or from policy, or calculation. He was
a firm believer in the goodness of a superintend-
ing Providence, and in the event la* right judg-
ment and justice of the people. I have seen him
at the most desperate part of his fortunes, and
never saw him waver in the belief that all would
come right in the end. In the time of Cromwell
he would have been a puritan.

The character of his mind was that of judg-
ment, with a rapid and almost intuitive percep-
tion, followed by an instant and decisive action.

Ill

738

THIRTY YEARS' VIEW.

It waa that which made him a General, and a !
President for the time in which he Berved. lie
had vigorous thoughtn, but not the faculty of
arranging them in a regular composition, either
written or spoken ; and in formal papers he usual-
ly gave his draft to an aid, a friend, or a secretary,
to be written over — often to the loss of vigor. But
the thoughts were his own vigorously express-
ed ; and without effort, writing with a rapid
j»en, and never blotting or altering; but, as
Carlyle says of Cromwell, hitting the nail upon
the head as ho went. I have a great deal of his
writing now, some on public affairs and cover-
ing several sheets of paper ; and no erasures or
interlineations anywhere. His conversation was
like his writing, a vigorous flowing current, ap-
parently without the trouble of thinking, and
always impre ?sivc. His conclusions were rapid,
and immovable, when he was under strong con-
victions ; though often yielding, on minor points,
to his friends. And no man yielded quicker
when he was convinced ; perfectly illustrating
the difference between firmness and obstinacy.
Of all the Presidents who have done me the
honor to listen to my opinions, there was no one
to whom I spoke with more confidence when I
felt myself strongly to be in the right.

He had a load to carry all his life ; resulting
from a temper which refused compromises and
bargaining, and went for a clean victory or a clean
defeat, in every case. Hence, every step he took
was a contest : and, it may be added, every con-
test was a victory. I have already said that he
was elected a Major General in Tennessee — an
election on which so much afterwards depended
— ^by one vote. His appointment in the United
States regular army waa a conquest from the
administration, which had twice refused to
appoint him a Brigadier, and once disbanded
him as a volunteer general, and only yielded to
his militia victories. His election as President
was a victory over politicians — as was every
leading event of his administration.

I have said that his appointment in th^ regu-
lar army was a victory over the administration,
and it belongs to the inside view of history, and
to the illustration of government mistakes, and
the elucidation of individual merit surmounting
obstacles, to tell how it wa«. Twice passed by
to give preference to two others in the West
(General Harrison and General Winchester),
once disbanded, and omitted in all the lists of

iiwn

!«g

military nominations, how did he get at lut
be appointed Major General ? It waa thm
Congress had passed an act authorizing
President to accept organized corps of volunt
I proposed to General Jackson to miso a cci
under that act, and hold it ready for ficrrii
He did so ; and with this corps and some militi
he defeated the Creek Indians, and gained
reputation which forced his appointment in
regular army. I drew up the address which
made to his division at the time, and when
carried it to him in the evening, I found
child and the lamb between his knees. He hi
not thought of this resource, but caught at
instantly, adopted the address, with two slig
alterations, and published it to his divieion.
raised a regiment myself, and made the specchi
at the general musters, which helped to raise
others, assisted by a small band of fricnds-i
feeling confident that if we could conquer
difficulty — master the first step — and get hi
upon the theatre of action, he would do the
himself. This is the way ho got into the
I'ti army, not only unselccted by the wisdom
government, but rejected by it — a stone rejecl
by the master builders — and worked in by
unseen hand, to become the comer stone of
temple. The aged men of Tennessee will
member all this, and it is time that histi
should learn it. But to return to the pmi
life and personal characteristics of this extra
dinary man.

There was an innate, unvarying, seif-acti
delicacy in his intercourse with the female
including all womankind ; and on that poi
my personal observation (and my opportunii
for observation were both lai^ e and varioi
enables me to join in the declaration of the
lief expressed by his earliest friend and
intimate associate, the late Judge Overton,
Tennessee. The Roman general won an ii
tality of honor by one act of continence ; w
praise is due to Jackson, whose whole life
continent ? I repeat : if he had been bom
the time of Cromwell, he would have been
puritan. Nothing could exceed his kinih
and affection to Mrs. Jackson, always incrcas
in proportion as his elevation, and culmiml
fortunes, drew cruel attacks upon her. 1
her well, and that a more exemplary womu
all the relations of life, wife, friend, neighbor,
tive, mistress of slaves — never lived, and

ANNO 1837. MARTIN VAN BUUEN. PRESIDENT.

739

lions, how did he get at \k<[
iajor General 1 It wm tlmi
passed an act authorizing t'
cpt organized corps of voluntwi
}encral Jackson to miso a cor
;, and hold It ready for wrvii
I with this corps and somcmilitij
Creek Indians, and gained tl
ch forced his appointment in tl

I drew up the address which
livision at the time, and when
him in the evening, I found tl
lamb between his kncea. He hi
if this resource, but caught at
pied the address, with two sligi
id published it to his division.
ncnt myself, nnd made the spcccW
[ musters, which helped to nuse t^
cd by a small band of frienda-i
ient that if we could conquer tl
lastcr the first step— and get hi
latro of action, he would do the
lis is the way ho got into the
t only unselected by the wisdom
but rejected by it— a stone reject
er builders— and worked in by

to become the comer stone of tl
I'e aged men of Tennessee will

this, and it is time that hisK
it. But to return to the priyi
lonal characteristics of this extr

s an innate, unvarying, self-actJ
lis intercourse with the female sJ
Jl womankind; and on thatpoj
[l observation (and my opportumtf
tion were both large and varionj
to join in the declaration of the!
led by his earliest friend and mJ
sociate, the late Judge Overton,
The Roman general won an immJ
nor by one act of continence; wll
le to Jackson, whose whole life J
I repeat: if he had been hora|
,f Cromwell, he would have
Nothing could exceed his land
,n to Mrs. Jackson, alvrays incw
,n as his elevation, and culmini
jw cruel attacks upon her. 11
ad that a more exemplary worn
tions of life, wife,fHend,neighbor,n
)B of slaves— never lived, and r

I r^jientcd a more quiet, cheerful and admirable
Ljgtgcmcnt of her household. She had not
Itdueation, but she had a heart, and a good one ;
Ld that was always leading her to do kind
1 things in the kindest manner. Sho had the
General's own warm heart, frank manners and
Lotpitable temper; and no two persons could
Lre been bettor suited to each other, lived
I more happily together, or made a house more
littractive to visitors. Sho had the faculty— a
lure one — of retaining names and titles in a
Itbrong of visitors, addressing each ono appro-
Igriitely) and dispensing hospitality to all with
li cordiality which enhanced its value. No
llnshful youth, or plain old man, whose modesty
Lt them dovni at the lower end of the table.
Laid escape her cordial attention, any more
llhan the titled gentlemen on her right and left.
loung persons were her delight, and she always
id her house filled with thera — clever young
omen and clever young men — all calling her af-
tionately, "Aunt Rachel." I was young then,
gd was one of that number. I owe it to early

recollections, and to chrrislied ronvictionR — in
this \Mt notice of the Hermitage — to hoar this
faithful testimony to the memory of it.n lonn
mistrcRs — fhc loved and honored wife of a great
man. Iler greatest eulogy is in the aflectidn
which ho bore her living, and in the sorrow
with which ho mournetl her dead. She died
at the moment of the General's fipRt election to
the Presidency ; and every one that had a just
petition to present, or charitable request to
moke, lost in her death, the surest channel to
the ear and to the heart of the President. His
regard for her survived, and lived in the persons
of her nearest relatives. A nephew of hers wa.s
his adopted son and heir, taking his own name,
and now the respectable master of the Her-
mitage. Another nephew, Andrew Jackson
Donelson, Esq., was his private secretary when
President. The Presidential mansion was pre-
sided over during his term by her niece, the
most amiable Mrs. Donelson ; and all his con-
duct bespoke affectionate and lasting remem«
branoe of one he bad held so dear.

END OF VOLUMf '.

'. >i**^

■r(

*•!

INDEX TO VOL. I.

^ A fW, Tli«.— Charges igBlntt Wm. H. Ortwfcrd, 88;
tba A. B. pcpen, • terlet of •rtlclea which appekred in
th« newipapera, 88 ; ezpeoUtlon of ths noouMr that the
mitt«r woald ll« over nntil after tha Preddenttal elec-
tion, 88; Immediate action, 88; committee appointed,
U; anawor of Crawford, 88; Ita character, 80; who
written by, 88; proceeding In the case, 88; testimony
of Edwards, 88; his proceedings, 86; report of com-
mittee, 88.
Iiun, JouN, decease of, 87; sketch of his charactor, 87.
]»>!, Jonn Qdinot, Secretary of State, 7; bis diary rela-
tire to the unanimity of the cabinet on the Missouri
qaeatinn, 8 ; connection with the treaty of 1818, 18 ;
on Internal Improvement*, 23 ; candidate for the Presi-
dency In 1824,44; commencement of his administration,
M; his insngnral address, 84; gronndsof opposition, 64;
the minority of the Senate opposed, 88 ; strong minority
of the House opposed, 86 ; position of the two Houses
, with regard to the President, 91 ; contest for Speaker,
M; orgsniiatlon of tbe committees, 93; contents of the
President's message, 99 ; its notice of the Panama Con-
crets, 98; the finances, 98; uselessness of retaining a
balance in the treasary, 98; members of the two Houses,
9^ ; array of business talent 94 ; three classes of men :
men of speech and Jndgtrip^t, men of Judgment and no
ipeeeh, men of speech n.id no Judgment, 94 ; on the
rommlttoe of Bank InTostlgatlon, 841 ; bis position on
I tlie alavery question, 886,

Bin, how ehangid by th» War of 1812, af%d their luhtt'
ipuni asped.— War of 1818, 1 ; necessity and impor-
JUnce, 1; changes it produced in American policy, 1;
I itate of the finances and currency under which it strug-
hH 1 ; Its termination with respect to its causes, 1 ;
I pild ceased to be a currency, 1 ; silver banished, 1 ; local
I lanki, 1 ; suspension of specie payments, 1 ; Treasury
I notes resorted to, 1 ; depreciation, 1 ; their use, 1 ; the
■ Government, paralyied by the state of tbo finances,
VmtA toaeek peace, 1 ; Impreaament the cause of the
Ideclarationofthewar, 1; first time in modem history
luiat a war terminated by a treaty without a stipulation
lia to Its cause, 1 ; treaty of 1807, why rejected by the
iPreaident, 1 ; ita importance, 1 ; the war ihowed the
iBrltlah Government that the people of the United States
Ivonld fight on the point of impressment, 8; no imprcss-
n«nt since, 2 ; causes of tbe success of the war, in spite

of tbe empty treasury, 2; exemption held ly right aad
by might, 3 ; the financial lesson Uught by tbe war, 'i ;
the lesson when availed of; 2; Its effects, 8.

The second Uauk grew out of the war, 2 ; currency of
tbe constltatlun not thought of, 2 ; ;iatlonal bank re
garded aa the only remedy, 2 ; Its constitutionality, 2 ;
the word "ntctuary," 2; Hamilton'* grounds for a
bank, 2; difflcultio* of the flnancea during the second
war aacribed to the want of a bank, 8 ; ooncosslons of iu
old opponent*, 8; many subsequently convinced the
constitutional currency had not bad a fair trial, 8 ; na-
tional bank shown to be unnecessary by tbe Mexican
war, 8; constitutional question decided, 8.

Protection of American Industry as a substantive ot>-
Ject grew out of the war, 8 ; Incidental protection always
acknowledged and granted, 8 ; domvstio manufiicturea
wanted, during the non-importation period of the em-
bargo and bostillUes, 8; want of article* of defence M\
during the war, 8; protection for the sake of protection
carried in 1818, 8; course of legislation reversed, 8.

Question of internal Improvements developed by the
war, 8; want of facilities for transportation felt in mil-
itary operations, 8 ; the power claimed as an Incident t»
the greatest powers, 8 ; found in tho word " necessary,"
8; complicated the national legislation ftrom 1820 la
1880, 8; the qucstloa does not extend to terrltoritA
4; no political rights under the constitution, 4 ; rtveri
and harbors— Internal Improvement of based on the com-
mercial itnd revenue clause, 4; the restriction contend-
ed for, 4

Boundaries between the treaty-making power and
the leglshttive department* a subject of examination, 4;
the brood proposition, 4 ; the quaiiacatloii, 4; a vital
one, 4 ; which department to Judge of encroachmonts
by the other? 4; discussions In Congress, between 1b13
and 1820, on this point, 4.

The doctrine of secession was bom of tbe war of
1812,4; the design imputed to the Hartford Convention,
4; its existence raised the question, 4; the right then
repudUted by the democracy, 4 ; language *eapecting it
then south of the Potomac, 4; the question thu* flu
compromised, not settled, 8.

Slavery agitation took ita rise about 1819, 8; manner
in which it was then quieted, 8; the compromise a clear
gain to the anti-slavery side, 6; a southern measure, 6
its features, 6.

IN'DEX TO VOL. I.

D«bl rrraUd by tba w»r, 6; kinouDt of lb* publlo
debt It lU t\n»r, ft ; thr pn>lilf>m to b« •»lr«<l »M wh«tb>
tr • (iiiMIr ilrbt ctiulil ba paid In t! . e uf |i«ac«, S.

I'lilillc ilUlrsM brnmiri • prouilornt hatur* ofiiibM-
qiii'tit jrpara, R; e<|ianiil<in and riillapua uf tba bank, ft;
lliMiin iif InlVanil I>t'i0, A; riiriitiirrclal pmcaadlnK*, ft;
IfKlnliillva proriMMlliiKii, B; iluirvu tha vr/— rillvf tba
ilaiimiMl, t ; yutxl reaulta of tha war, t,
4»'tnilintnt t>/ M« L'>/n<<Uu«ufl,— Mlitakca of Kumiwan
wrllvniiin our •yiitt'in of (loTaminent, HT; Tbirra aiict
I>i- T»oi|Uevllli<, H7; tba alaotora but an lutriiinant to
iilN>y tho will of tha pmipla, 87 ; alcctora uutlaia, 87 ;
aniiMiilnixnt pro|HMo<l, 87; vlawa of tba eonveutlon
which fraiiieil tha conitltutlon, 87 ; liuntoo'i ranuirka un
\ >\\twX vuta of thu people for rraililent, B7; "avll of
tbu want of uniformity In tha cboica of I'raaldantlal
f lei'tora endanuiira tho riKhta of tba paopla, 87 ; tba die
trivt ayttem, IM ; ortifln uf tha gaoaral tlokat tyitam In
ll) Hiatoi, 8t< ; objection to • diract rota of tha paopla
eonaldcrod, US ; whvnca tt It taken, 89 ; admit It* truth,
what then? 81); batter olHoart elected, 89 ; ancient hli-
tiiry, 89; triumph of popular electloni, 89; uthrr objec-
tions to intoruicdiate alecton, 40; tlma and aiperlenoa
condemn the continuance of tba electoral lyttam, 40;
even If tha plan of tha conitltutlon had not tUled, it Is
better to get rid of tho elector*, 4C ; biitorleal esainploii,
41."

An attempt to give tho election of Preildent and
Vice-President to the direct vote of tha people, 7;* ;
various propositions offered, 78; commlttea appointed
to reiiort, ti\ plan reported by the con\mUtoe. 78; Us
prominent features, 79 ; abolition of the electors and di-
rect vote of tho iMople— a seeond election between the
two bighest— uniformity In the mode of election, 79;
odvnntages of the plan, 79.

Krclwrion of Mtmhtrt tif Congrt»» from CUM Offlct
(i;>/>o<n(m«n<«,— Inquiry into the expediency of amend-
Intir the Constitution so a* to exclude members fk'om ap-
pointment to civil office moved, 89; motion only ap-
plied to the t«rm for which they were elected, 89 ; cniii-
mittoe report that the exclusion should extend to tho
Presidential term during which the member was elected,
84 ; proceedings of tho convention that Aramed the con-
stitution, 88; other conventions, 88; extracts f^om the
proceedings of Federal Convention, 88; early Jealousy
on this point, 88; provisions for the Indejiendenoe of
the two Houses, 88; Instance of the observance of these
provisions, 84; instance of the contrary, 84; the Con-
stitutional limitation a small restraint, 84: viewi of the
" Federalist," 84 ; what hau been the working of the
Oovemmcnt? 63; the effects of legislation, 85; other
evils resulting fk'om the appointment of members to
stUce, 8ft; tho independence of the departments ceases
between the Executive ond Legislative, 86; examples of
early Presidents, 86.
tiiDinsoH, BiciiAKD C, Jun,, Representative firom Ken-
tucky, 7 ; nominated minister to Panama, 66.
ii>2>ropriaUon/i)r Deftnctt and Fortifioaiion JKW.— Pre-
paration recommended in the message, ft54; referred
and reported on, CM; resolved unanimously that the
treaty with France be maintained and Its execution in-
sisted on, &ft4; and that preparations ought to be made
to meet any emergency, ftM; appropriation of throe
millions inserted in tha Fortlfleation Mil, OM; rejected
In the Senate, 6ft4; House Insist, 594; Senate adhere,
6M; remarks of Mr. King, of Alabama, 654; this mo-
tion never resorted to nntil more gentle means have
tailed, 554; are gentlemen prepared to take upon them-
tolvea suca a U»tta\ responsibility as tba rejection of

Ibis blllf BM; la what d<w* It vIolaU tba *n«Mu„^,„~
665; approprtaUona uadar Wa.bln«i..i,sa.ln.l»i.uvL
666; adberanca oarrlad, 666; confvnnna ask«i| i, , J
l|iiu«a, 666; oomniUttas dlsa«rw, 6M; ,,,,.,u„„ ^ J
Ilia hour of the tarmlnatliin of tha •••■aluo, .'At ' trn 1
of Mr, C'aubrvlang, 666 ; rtspoa*lbliily put ua u^g,,,
ate, 666.
Aarilia, WiLlUM H., lieprvarntalUa fruiii VIrvltila,; ,J
ri'lVtrunco uf tba bank mvmurlul to a svUtt couniiiiJj

on.

ArKiiHMi Ttrrilory, tUMion ./ a part ^ftoth* Ck,r,i„\
llvaaons for making her n Urst-clojia Histn, u;
tcasl, avgolistvd alturiog tha wntsrn boumUrv, i)\
can a law of (Jonfrass U abolUhed by an tmllaa Un\A
lu7; Is It axpvdiant to weaken the future Hu(«<iii;l
lupreinaiy of tba tmaty-maklng puwar cuniic|«r.il, i,,;!
power In Cougri-M to dispoaa of territory, ii^j ^^
treaty ratlflsd, Iih; a southern meosura, luH; ta,|H
thousand squsro miles token olT of slave territory, iih
object to asaiRt in inducing tha removal of th* t'i,< J
kees, 108; Klut became of tho white inhabltsau, luil
bought by the government, 109.

Arkania* and Michigan, aUmittion (2^— AppMcitluD fJ
an enabling act, 6il7; Congress raAoHi to pstilt, «;;

, people bold conventions on their own autliurltf ij
tuna constitutions, 697 ; message couniunlcstlij| i j
eonstltutlono, "lioh'gan, 627; refurrod, idw s nnniurj
entitled f^om the "Legislature of MleblgsD," W,;
Jeotton to iU title, tH»\ bill reported, «'iS; objwti.d
698; remark* of Mr, Buchanan, 698; bill pt«,<«<l J
sent to tha Housa, 698; tb* practloa uf aduilulng i \\
and a slave State together, 629,

Application of Arkansas taken up, 629; reinirk<|
Mr. Swift against the admission, on tha gruuuj (
shtvery, 699; do. of Mr. Buchanan In favor uf her i
mission, 699; Prentiss oppose* the adululuD og t
ground of the revolutionary manner In which the iiu
had held her convention, 680; remarks of Mr. MuriJ
680; bill pissed and (ant to the Uousu, 681.

Movsd In the House to pottpono tho Michiifsa to ti
up tha Arkansas bill, 681 ; remark* of Mr. Tbomu, 6:ll
the point of Jealouiy between *oma Southem
Northern member* revealed, 681 ; remark* on the i
tlon to refbr both bill* and combine them In one, i
I-ewls'* remarks on giving the Arkansas bill th« prlor^
of decision, 689; further debate, 688; bills nferreil]
the Committee of the Whole, 684 ; points of tho debtuf
First, the formation of constitutions without the pre!
ous assent of Congress; Second, the right of illeoil
Yota before naturallxation ; Third, tha right of Arkuf
to b« admitted with slavery by virtue of the rightt o
State— of tba treaty of LouUiana and of the Mlt
Compromise, 684, 685, 686; on account of the w«loii|
twenty -four hours, 686; bill put to vote, 637; stni^
to bring tha bill* to a vote not to fa** them, 687; eiu
687; one *p«olaI one, 687.

Abtob, Jouk Jacob.— His colony at Astoria, 18, IN.

AvsTiK, MotW| founder of the Texas Colony, 674.

Baldwiv, Uikbt, Representative A'om Penntylvult,!

coadjutor with Clay on tha MI**ourl question, 10;

pointed Jn*tloe of tho Suprema Court, 190.
Sank qftk* Vnittd Statti.—y/hen charter of flnt ^^\\

1 ; origin of tha aacond, S ; It* course In 1813, &.
Constttntionality and expediency called in 4ueitlo|

General Jackson's first message, 168; ssggestlonof j

founded on the oredlt and revenue* of the OoTergis

INDEX TO VUL I.

«h*( <l<Mt It tluUU lb* •i>M(llutl.it

iM uB4l«r WMhlDKton't ulnilnuirwi,,
i»rr1*il, UA; tiinr«r»nM m^kI ij i.,^
nniltttM iUMft**, UA ; niwilLm w •
■rnilnatliin ut th« •rolno, tM ; timuK I
ing, AM ; rttpoDilbllttx |>ul uu Um b>uJ

»., B»|>rfiiriit»ll«« from Vlridnlt,:.,
bank iu>iii»>rlul lu ■ •vlict cumuii'.^

^, d<iM<on '/ o P*""* </ <« <*<! r*iro4/,
uukloR iiur k llnt*cliiM Hut«, In;.
fil altiirtng lh« WMlern iKiiimlMjr, li,.
nsniM b« •bolliheil by tn Imllaa bnt>
iJ|«nl toWMkuntha futur* Hut«n<i;
U« trvatx-mkking pownr conililarvil, IutL
gri'M to dlipoM or Urfltory, lo*; tJ
HWi k •ontbern ine«»ure, liW; twiul
r« mlU* t»k«n off of tUro t«rrtl<ir;, loj
lo loiluolDg tb« raiuuvsl of tlm tin rJ
It b«c«me of the wblu lnU»bluiiU, \J
liovernuicnt, 109.
licMgiin, inimtiilon <i/;-Api)»lc»tl(,ii rJ
fit, MT ; Oougrew utam to put li, i);;!
•oDVOiitloM on tbelr own mlhorltj' ul
[tloDi, 697 1 ineiud* coiDiiiunlutliii tiJ
I. •Uoh'g»n,0*I; rcfurroil, uUo»nKiuntJ
, th« " LegUUtu™ of Mlcblgin," ««;.,(
itllU, W8; *>"' toportod, C'iS; ulJiciiJ
I of Mr. Uucb»nun, «»8; lilU pa**"! <4.
OUM, 8'i8; tb« prMtioe of ndumHiig > irJ
lUkta to(i)th«r, t'ti, F

1 of ArkBiuM tukun up, 629; reinirkJ
galnit the »duil»»lon, on th» gruuuJ i"
; do. of Mr. Buobtnan la f»vor of her t
• ProntlM oppoMt th* •duilMlun od i
I'e r«volwtlon»ry manner In which the su
ir convention, m; remukt of Mr. Murij
i«d »nd lent to the Uouw, 881.
the Uott»e to poetpono the MlcUli^M loU
niM bill, 981; remark* of Mr. Thomu,4l
jf Jculouiy between lome Southern i
omber. revealed, 681 ; remark* on llie i
r both bill* »nd combine them In one.i)
«rk* on giving the Arkan*** blU th. prioil
m- further debate, 688; bllU referred J
Ue of the Whole, 684; point* of the i«t«i^
trmatlon of ooneUtuUon* without theptel
Df Congre**; Second, the right of .II.mI
natnralliatlon ; Third, the right of AjUJ
ted with elavery by virtue of the righu (J
M treaty of LouUlan* and of the Ml«
« 684, 688, 686; an account of the Mtloil
'^'honr^ 686; bill put to vote, 68T; .tn>#
bllU to a vote not to i,a»* them, «n ; c"'

Mclol one, 68T.

AOOB.— HU colony at Astoria, 18, 1».
founder of the Toxa* Colony, 614

■KBT. Bepre«enUtlve ftom PennsylrwlJ
with Clay on the MI»*ouri qae»UoD,10;
,*tloe of the Saprema Court, 120- I

'niUd «a««.-When charter of fl"t.ipl|
,f the .econd, »; lU oourie »» Wl'-'- J
rtlonallty and eipedlency died Inqu^N
Mk«>n". first mewage. 168; ."ggMtlonrfJ
,B the credit and revenue* of the OoTer.a'

|M; *c»l<t eurreury *»<l >n tn>lv|M*ii»nl lr*Mvry *ag>

ffiM III (>i'n<T»l .tkrliatin, •ml aiiitDivx'l at one*, |M;
r*iiM of* ri'M>rt li> Iho ili'piwit aynUin, I.V* ; Ihu liVa uf a
fiiTrrnmrnl AM'at »fnt illiriiinlliril, I.Vi ; rrporU uf nine
iiilllMi, IA«i war uf the b»nk rcuniiii'nri.il, !.*>>•; Itaalll-
inrawllh lb* oppi»ltl<in, IIW; |w< pnwrr, l.'i^; nUlfiiiilil
nflU prMMonl, IM; \U (Miwur lu ruin end ilMtruy lucal
bMik>, I'***.

Cmorli'M ai-tlvlty In lirlmlf uf llm bank, alnce Ihu
rretlil»Dt'» niuMiMni In ItKO, Ii7; IIIIIk it«n«no tb« olbrr
llilo, inl; riirri-nt all M-ttliiK umi v ity, ItT; fklliiro of
■tt«inpU to countvrart It, HT ; pvnnliwlcm wkuil tii Intro-
)liirl-
nrM and |MiIltlvi; and iI1«|mm<*i1 to imorclM It aiialhut
frruilnm anil rquallly, 1S7; prii(><i*al to revire tho iiir-
ttnr/ of the cunitltutlon, IH7; ** willing to aeo the
curri'ncy of the soTommi-nt li'ft to the hard inoiii'y
Intendt'il ! y the constitution," 187; every spocica uf
paper lufl to the HIata goremments, 1S7; experloncu of
France and KnKland, lfl7; a hard money party agnliiat a
paper party, 1^7 ; Juttiflcatlon for brlntflng fbrward tho
Queallun of renewal, 188; the reports on previous rcao-
lutlons offered at the close of each session and all In
llirur of renewal, 188; then n>llowed the metaago of
I'rctUli'nt Jackson, 188; Its rvfuronee, 188; report, etc.,
\i»; the ciinduet of the bank and It* f^leniU scound
ground for Justification, 188; thcso procoedlnirs, 189; un
tisDiple drawn A-om the British Psrllamout, 189; re-
marks of Sir Henry rarnell, 169 ; do. of Mr. Hume, 189; dn.
of Mr. Edward Elllce, 188 ; do. of Blr William rulteney,
1(0; It Is tald the debate will litjuro the stockholilurs,
depreciate the value of their property, and that It l»
wrong to sport with vested rights, 190; tho stockholders
know the fUct* and such assertions absurd, 190; the In-
itltutlon has forfeited It* cbnrter and msy bo shut up any
bour, 190; the case of the Bank vs. Owens, 190; purlla-
nentary rale requiring members to withdraw who have
sn Interest In the subject of discnsslon, 191.

The bank is an Institution too great and powerful to
be tolerated In a government of ttee and equal laws,
191 ; on renewal, its direct power must speedily bcoLie
boundless and uncontrollable, 191 ; anthorlxod tu own
and issue ninety millions, 101 ; its indirect power, 191 ; to
whom Is all thi* power granted ? 19< ; by whom Is it to be
exercised? 191 ; it will become the absolute monopolist
of American money, 191 ; what happened In Great Brit-
ain in 1795, 193; letter of the bank director* to Pitt,
in ; condition o^ Oreat Britain at that time, 199 ; it sub-
dued the minister to the purposes of the bank, 199 ; fi>r
twenty years the bank was tho dominant power In Eag-
Isnd, 199; cannot the Bank of the United State* act in
the tame way 7 193

Its tendencies are .langeron* and pernicloos to the
government and the people, 193; the head* of each
mischief, 199, 198.

The exclusive privllogos and anti-republican monop-
oly which it gives the stockholders, 193; the exclualve
Itgsl privileges It gives, 193; twelve enumerated, 194;
their effect and bearing, 194; compensation made by the
Bank of England for undrawn balances, 194; amount of
undrawn balances, 194 ; li^nry eulTered by the people
on account of the uncompensated masses of public
tiumey in the hands of the bai.k, 195; to discredit and
disparage the note* of all other banks by excluding them
f^om the collection of tho revenue, 196 ; the power to
keld real estate, receive rents, &e., 197 ; effect of this
vast capacity to acquire and legal power to retain real

(•lale, 197; lk« piiwer In d«*l In pawns, in»rr|Hia<IU«,
• ml bills i.f f irhaDk''. \9*; lo Ml«|.lia>t tr^nih** In the
illlTarrni lll(l*a wUhmil lh«ir nia»<'nl •nj tii <l.'rtibr« uf
Ihclr r>-<l<tnnr«, 1*9; •irmpilmi nf tlm al'-rkliuliliT*
friim lmll«l<lu»l llahlllly, ifj; lu hn¥.i lh« (°nll.-<l
HIali-* for • imrtiK'f, Knt. vilrarl friini llio afwrrL
i.f I'ullvnvy, mfi ; aiiiniint nf alix'k own».l by fnfrUner^
Wl ; rxempllona from ilun raniran of law fur vlolsliout
of Its rhartxr, 'Ktl ; llhiu. pr1tll.-,(i>a avriiri>il by a |>l'"lil*
of Ihu public fkltli III rharirr no olhxr bank, VM: Ihn
gnvfrntiirni frorii whli'li wo havo iiiitijf ll,l« r«|iy lias
cumli'inui-d lli« I'rUlnal, WJ ; i-iirri'«|Ki»ilrni'n l.i'lwi'.ii
thf t'bunrrllnriif the Ktrlirqurrsnil thf> llatik i|lrr< tur'i,
V'KI; liiiw was IhU lUbylon pri«lral>'<l r 'ii»| ; rITi'tt i>|
Die apeiii'h, 9(M; how It wa* rocelveil, 'iOt; le»v« r«-

nim-il, '.'IKV

Hliili'innnt that the bank bos fallnl In Airiilihtnn a
uniform currency, VJO; It vicious ami lllt-Kal rurnuiy,
i-M\ origin of Ihu practice, fiO; luevu to brln;; In • n'-
•nlullon diM'Urtng It iUuKai isked for, 'W; ri'iumia,
2'iO; '*the resolution eipreases Its own olijnci, Til;
the eiirrenoy arraigned, tfil; the imlnts nf Im'iun-
patlblllty bctwenn this onrreni'y and Ihu reiiulaltrs of
Ihn charlvr, til ; Amrteen points stated, Til ; tlis cur-
rency fklla at every lust, 991 ; tlirtu orders cannot wrve
IS currency because they are subject to the law of en-
dorsed paper, 999; being once paid they are done with,
9'29; operations of the bank In 1817,999; i>rlKln of the
branch bank orders, 993 ; tMs currency ouitht In be sup*
pressed, 993; tho (Set o. !.'gallty aufllelent to rvi|ulra
It, 993; pernicious consequences result from It, 99);
the branch bank orders aro nut payable In the Stsles In
which they are Issued, 993; practice of the Bank of
Ireland, 994 ; leave rehise<l, 994.

Message of the President In 1999-30, 994; Its remark*
relative tu tho bank, 994; the position of llie ciiiintltu*
tlonal question, 994 ; the democracy opposed not only
the bank but the latltnillnarlan construction whieb
would authorise It, 995 ; It was the tumlUK point be-
tween a strong and splendid goveroineni on one xliln
and a plain economical government on Ihn other,
limited by a written constitution, 99.') ; the conntrucllnn
was the main point, 995; etTect of the nieMUKe on th*
democracy of Iho country, 995; Ibo contoi>l at liaml, 995;
violent attacks upon Iho Prenldent, 99S; remark uf M.
Tooqnovllle on President Jackson and tho bank, 991);
every word nn error, 996; examined, 396; application
for a renewal ul' the charter when and why made, 996 ;
actlonof friends of Jackson and the bank, 897; memo-
rial for renewal presented, 997; course of events, 997;
•rror of De Tocquevllle exiioseil, 998; another extraut,
S98; Its errors exposed, 399; couscquences of refusing
the re-charter, 399.

J?<-oAarfer.— Convention of the National Republicans
to nominate a President, 389; tho nominations, 9ii3;
addresses of Iho convention, 383; remarks relative to
the bank, 389; "lis beneficial character, 939; no pretext
of any adequate motive is assigned for the President's
denunciation, 388; are the people ready to destroy one
of their most valuable Institutions to gratify tho caprice
ofthe President? 338."

The Bank question presented as an Issue of the eioe-
tlon by its friends, 988; two classes of ft-lends, 338 ; one
friends ofthe President, the other against him, 388; how
the consent of the former was obtained, 338; memorial
for re-charter presented, 338; referred to a select com-
mittee in tho Senate, 383 ; referred to tho Committee of
Ways and Means In the House, 333 ; reason of the dlf>
ference, 338 ; motion to refer to a select oummittee, 334

IKDEX TO VOL. I.

reowrki, 2m ; thl> 'iii'Mure entlrcljr disconnected ftvm
the Baltiiniire convention, 294; "a iclec oommlttae the
propitrone, 2>M; the caiiraa iDtucb caa««,<i)l; the que*-
Uon should nut be taken up at thU eeaalon, 2M ; the
•tockholdera Iclt tb» application iIlMretlonary with the
directors, %5; It will divide the whole country, 23S; thu
bank has boeu charged with using Its funds and thoee
of the |>eople In operating upon and controlllni; public
opinion, 28S; this of sutflcleDt consequence to demand
an accurate inquiry, 2115; charged with violating it«
charter, 28r>; other charges, iSi; incniorlul referred to
Committee of Ways and Means, 285.

Jtw(*UgaUon ordered. — Course nccossarj- to be pur-
sued by the opjiositlon, 28fi; to prepare the people to
sustain the veto, 280; policy of the bank. leadens 286;
reasons for taking up the investigation In tbe Ilotise,
S86; motion for inquiry made, 286; manner in which
the motion was treated, 236' resistance to investigation,
t84; **a re-charter is asked, yet the frlenda of the
bank ahrlnlc ft-om inquiry, 236 ; tbo inference which
might be drawn (h>m this resistance, 287; what la the
ground of opposition ? 287 ; how the memorial waa
treated in the other Ilonse, 287; result of the ezamliM-
iloD in : 319, 287 ; three years after it went into extateni«,
!t was on the verge of brnkruptcy, 287 ; " right of either
House to make the inquiry, 287; the miscondnct of the
tank in numerous instances, 287 ; list of ooousatlons
lealnst the bank, 2%S; the ft'iends of the bank obliged to
Icclare In favor of examination, 288; modes of inves-
Jgatlon proposed, 289 ; restrictions proposed to the in-
|uiry, 280; remarks upon the manner in which the pro-
josed inquiry has been treated by the Uonso, 889 ; re-
niarka on modes adopted by the bank for extorting
usury, 240 ; another mode makes the loan take the form
»f a domestic bill fVom the beginning, 240; effect of the
debate on the bonk with the country, 240; speakers
against the bank, 240 ; advocates of the hank, 241 ; the
Committee of Investigation, 241; its composition, 241 ;
three reports, 241 ; their character, 241.

Tlu three per cent debt. — This a portion of the revo-
lutionary debt standing at sixty-four, 242; money in the
bank to pay it, 242 ; the money retained to sustain the
bank and the debt not paid until it rose to pur, 242 ; re-
marks on the course of the bank, 242 ; the loss to the
people, 243.

Bill /or re-diarter reported.— Remarks relative to
previous charters, 248; former course of Webster, 248 ;
bis defence of his prreont position, 248; " the years that
have passed, 248; the effects of experience, 243; action
of Calhoun in procuring the present charter, 244; the
vote of Webster against it, 244; his views, 244; evils of
a dlsornered currency, 244; the small note currency
cause of the sranll amount of specie in the country, 244 ; "
the grant of exclusive privileges and the bonus required
opposed, 245; remarks upon them, 245; the present ap-
plication of the bank opposed, 245; "some years before
the charter expires, 245 ; now late in the scssUm, 245 ; not
time to do Justice to the subject, 245; other sabjecta of
imore immediate and pressing interest must he tbrAwn
aside, 246; an unfinished investigation presents another
reason for delaying the final action of Congress on this
•nbjeot, 246 ; the people have no opportunity to make
np their minds on the information now printed, 246;
this question belongs to the Congress elected within the
lext census, 246; looks like usurpation on the part of
this Congress, 246; different representation in the next
Congress, 246; a charter should be granted with as little
invaxion of tlio rights of posterity as possible, 246; this
aiiosllim inuFt effect tbe presidential election If not de-

cliie It, 246; take a IcMon from the uionarehui par|i(
ment of England, 847."

A motion declaratory of the right of the Statm to i4 1
nilt or deny tbe establishment uf branches of the inrii!,,,|
ba>:k within their limits, oflvred, 1147 ; remark*, 24:- -
this amendment is (truck out it Is tantamount to a if w,
Itttivo declaration that no such richts exifitefl, 2t; ' ,i,
cislon of the Supreme Court on the right of the Statu i«_
tax the branches, 217; this is the supremacy of thj
bank and the degradation of the States, 247; the trmJ
iiient that these branches are necessary to en«bli> ihJ
Keiluml Uovernment to carry on its flscal nperatlr>DC
and therefore ought to bo Independent of Htnte Inw,^
tlon, is answered by Jie determination of CongreM i
sell; 247 ; every thing Is left to the bank Itself eirona
the branch at this place, 247; the e8tabli^hln«nt i.r|
branches Is a more question of profit and loss to tU
bank, 247 ; point of the question, 247 ; motion reJ
Jected.

Motion to strike ont the exclusive privileges snd td
make the stockholders liable, 848; "example of t>;g_
Bcottlsh banks, 248; the excellence of their plan, U*\
clauses granting cxclnaive privileges, 248; the eitat,li.i,J
mcnt of any other bank by the United States prohlM:
during the existence of the charter, 848; this Is contrar;
to the genius of our Government, 249; the reMririin
upon future Congresses is at war with every princit.lj
of constitutional right and legislative equality 249; ji
this Congress to impose restrictions upon the paver vn
their successors? 249; In nine months this Congrssii
defunct, 240 ; the renewed charter will not take ctrtTl
till three years after tue full representation of tli^ cci|
Congress in power, 240."

Ail amendments proposed by the opponents of ibJ
bank voted down, 250; the Interest of members of tl,J
Senaio as stockholders, 250 ; bill passed in the Sciut^
and Ilonse, 260.

77k« Veto. — " If this government sells exclusive priviJ
leges, it should at least exact for them as much as thry ar J
worth in tho market, 251 ; the present value of the mmuJ
oly is seventeen millions, and the act proposes to sell
for three, 351 ; ho w can the present stockholders have ai
claim to the special favor of the Oovernment? 251; tliiJ
act does not permit competition in the purchase of tiiiJ
monopoly, 251 ; notjust to set others aside and grant ibii
privilege to the few who have been fortunate enough tol
secure the stock, 251 ; " the force of precedents for con»i|
tutlonallty argued against, 258 ; decision of the 8npr('iii4
Court, 252 ; examined 253 ; remarks, 262 ; " precedence »
a dangerous source of authority, and should not be topnlj
ed as deciding questions of constitutional power cscri>i
whore the acquiescence of the people and the States ij|
veil settled, 258 ; precedents are really against tho bank,
253 ; if the opinion of the Supreme Court covered ihj
whole ground of this act, it ought not to control the col
ordinate authorities of this Government, 258 ; in the a«4
relied on, the Supreme Court have not Ueclded that a
the features of this corporation are cf'mpatible vith lit
constltatton, 858; the misconduct ot the instituiloDl
both in conducting its business and in resisting Invciil
gallon, 258 ; suspicions are entertained and charges ni.Li!|
of gross violations of the chartar, 258; the recomiiieniii|
tion of a majority of the committee, 253; additiuii
reason for less haste and more caution, 258."

The great speeches from the advocates of the binlj
now made to repel the effects of the veto, 254; a tran-j
fer of the question to tbe political arena, 254; toiM
presidential election, 854; frightful distress prcillcudl
und a chitnge of the chief magistrate the only uieans »!

INDEX TO VOL. I.

• ler«on from the muntrehUl pvHt

ir»tory of the rluht of the »t«t«« to «* I
■ctabllthmt'nt of bnnrhr* nf the motlirtl
r limit*, offered, M7 ; remarks Ul;
Is (truck out It Is taiitamnimt <.i> a \t^,n
n that no Kuch rlchtstxletnl.sn; I'.J
reino Court on Iho rlirht of the (*utf» m
■», 'i»T', this Is the siipreiiiscy of thii
•jrnulntlon of the States, 247 ; the »rpiJ
) branches nre necessary tu cnnbl*' thJ
imont to carry on Its flsoal opcritli.Di
iiglit to bo Independent of titAte lfi:l.>:i
A by Ihe dotonnlnatlon of ConirrcM It.
' thlntr Is left to the bank lUvlf eicr|i||
this plnco, 24T ; the establWiment
note question of profit and Ums to tl.J
Int of the question, 247 ; motion reJ

Ike out the exclusive prlTllcfies uiil tfl
kholders liable, 248; "example of il,j
, 248; the excellence of their plan, '
g cxclndve privileges, 248 ; the ettaMHiJ
her bank by the United States prohllil
itcnce of the charter, 248; this la contrarj
of our Government, 249 ; the reslrictionj
JongreMes is at war with every prinoij,]
lal right and legislative equality i49; J
» Impose restrictions upon the power i
rsf 848; in nine months this CungT'ssJ
the renewed charter will not take cir«l
rs after tae full representation of IK Ltil
.wer, 240."

aenta proposed by the opponents of (hd
own, 250 ; the Interest of raenibtrs of ilJ
^kholders, 200 ; bill passed In the Seoilj

" If this government sells exclusive privil
I at least exact for them as much as tlicj sr^
larket, 281 ; the present value of the monof.
en millions, and the act proposes to sdl il
how can the present stockholders have anjl
pedal favor of the Government f 251; th J
ermlt competition In the purchase of tliiJ
. ; notjust to set others aside and grant thJ
16 few who have been fortunate enough tol
ok, 251 ; " the force of precedents for consiil
;ued against, 282 ; decision of the Siiprcui J
Lamlned282; remarks, 282 ;" prccedonc J
)urce of authority, and should not bo tc? anli
g questions of constitutional power cxctil
lulescence of the people and the States iJ
188; precedents are really against tho ban J
l)tnton of the Supreme Court covered ttJ
1 of this act. It ought not to control tk wj
oritles of this Government, 288; In thee
I Supreme Court have not aeclded that i
)f this corporation are ctmpatlble withtliJ
258; the misconduct ot the InstltuiloDl
ictlng Its business and In resisting Invesiil
lusplclons are entertained and charges iiia.lj
tlons of the chartsr, 288 ; the recomnienJj
^Jority of the committee, 288; additloni
a haste and more caution, 288."
speeches from the advocates of the lull
repel the effects of the veto, 254; a tran j
iiestlon to the political arena, 2M; toiJ
election, 264; frightful distress pre.lictrij
of the chief magUtrate the only mc»n»«

(vertinir the calamity, S.%4; remarks of Webster on this
pi.lnl, S.%4; remarks of White u|>on the bank taking thi>
j.'Silof a politisal party, 884; the distress pictured by
Clayton, 'i-M; the wlndlni; up of the bank, with rcganl
to time, 285 ; case of the previous bank, 885 ; menace of
distress from the bank If denied a renewal, entirely gra-
tuitous, 285; vehement declamation against the vctci,
2.Vi; remarks of Clay on the veto power, 8.VI; reply of
Bt'nton, 285; ohJecU of the vetoes of tho French kini;,
2:iG; ■* the fhble of the cat and the eagle, 286; why de-
l«to the bank question, now It Is vetoed, and not dvbato
it before r 257; the bank Is finished, why debate it
nowf 287; the bank U In the field, a fcarfbl and tre-
iiiendous combatant In the presidential election, 2.'>7 ;
the Great West Is selected as the theatre of her opera-
tions, 287 ; ruin is to be tho punishment of the West,
if she votes for Jackson, 287; the bank debt has been
{rested for electioneering pur|)osc8, 888 ; this point ex-
aiiilned. 288; the establishmon t of several now branches
and the promise of more, 259 ; the alleged necessity for
tho prompt and vigorous collection of this debt. If the
charter Is not renewed, 289 ; the opinion of the Senator
from Kentucky, about the legality of thia trust, 259 ;
race in every ten years the capital of this debt Is paid In
interest, 289 ; tho ruinous drain of capital In hard money
from the West, 259 ; the old bsnks of Ohio, Kentucky,
and Tennessee, defended fVca de aspersions cost on
them, 860; manner In which ;h<) charter was pushed
through, ponding an investigation, 860; the foreign
stockholders of the bank, 260 ; the bank a monopoly.
261; English authority for calling the Bank of England
a monopoly, and the British bank In America Is copied
tram It, 861 ; the President's idea of his oath, 861 ; his
independence in construing the constitution, 262; tho
drain upon the resources of the West, made by the bank,
US ; address to the Jackson bank men, 262 ; address to
the West, 202; the dangerous power of the bank and
the present audacity of her conduct, 268."

"Dlssatlsfhctlon expressed that the speeches of some
Senators fill the galleries, and those of others empty
them, 208; charged with a want of courtesy to the Pres-
ident, 268 ; charges of the Senator ttom Missouri, onco
a^nst the President, 263.

" No adjourned question of voracity between tho Sen-
ator from Missouri and the President, 864; the prediction
charged upon the Senator ft'om Missouri, 264; " fVirthir
debate, 264 ; dlrefiil picture of distress drawn, 265.

Delay in payiitg th» three per eenit. — Message re-
commended that the United States stock should be
sold, and that a committee bo appointed to investi-
fM Its condition, 287; referred to a special com-
mittee of ft-tends of the bank, 237 ; objected that the
committee should not proceed until the report of tho
agent of the Secretary of the Treasury was made, 2S7;
lis depreciation of the stock, 287 ; this objection falla-
cloas, 2S7 ; the loss of the bank, by depreciation, statt-d
St half a million, 288 ; nothing before the House to make
•a Inquiry Into the condition of the bank desirable, 288 ;
erentual ability to discharge all its obligations, is not
of Itself sufficient to entitle the bank to the confidence
of the Government, 283; what was the Executive com-
plaint against the bank f 288; that it had interfered with
the payment of the pabllo debt, 288; effect of the
(barges upon the feelings of the corporators, 288 ; the
report of the agent, 888 ; the exhibit contrasted with Its
ictnol state, 2S8; a large surplus presented for the
stockholders, 288 ; the report a mere compendium of
the bank retnms, 289; proceedings of the bank with
ttgard to the thren per cents, 839; Investigation re-

ferred to the Commiltoe of Ways and Means, 2W
report, 8s9; pnbllr dcponlls roportcl entirely safe, 2^9
rcwiliitlon to ciintinue thu ili'|i<nlt.i In tho h^nk otTi'm^
2-!t; di'hate, i'S; the bank ixrceded its It'gltlniatt
authority In rciatlon t» the three |>.t c^'lll^ iWl; l>*<J
the bank proiiiptiy paid the public ii^noy dcpiHiili'd is
Its vaults wlien called for, 29<) ; proci'..llni{» of the bank,
890; renoliillon carried, 291; loss by the manner the
three per cents wore paid, 801.

fiiU n/SlofJc in «!#.— ;*3le of rnllcd States stock ia
all corporote companies reeumniended by the President,
894; partnership of governiuent with corporations
ciindeinned, 894; bill lntro<lucod, 291; moved to reject
It, 294 ; debate, 894 ; Indignation at tliis persecution
(if a national Institution, 894; Indignities to which
members v.-oro subjected who pit'sumed to tuko
any step concerning the bank which niiUtatod againut
that corpurntion, 893; a plai.t business proceeding,
8115; an Isohitod proposition, 295; tho bill summarily
rejected, 295; fifty members borrowers of the bank,
290; the sanio thing had happened onco before, 2'.)(>;
proposed In 1327 to sell tho stock solely on the ground
of public advantage, 296; remarks on this proposliiou at
the time, 896; reflections, 896.

liemoval qf the DtpoHte.—Orier for removal Issued
by tho Secretary of tho Treatury, 8T.J; tho President's
own message, 874; reports of directors to the President,
874; extracts ft'om them, 874, 875 ; resolutions adopted
by tho board, 870; further outrages of the bank, 870;
tho exchange committee of the banks, 878; paper read
by President Jackson to his Cabinet, 870; extracts, 877,
873; Impression produced by the removal, 879.

Proceedings of the Bank on tfie renunal qf the J)e-
ponitt.—the reference of the President's pa|>er to a
committee, 879 ; report, 879 ; extracts, 879 ; its temper,
879; gives tho lead to proceedings In Congress, 88u;
tho violations of law and tho constitution referred to,
880; amount of tho charges against ihe President by the
bink, 8S1.

Jteport of the Secretary of the Treasury relative to
removal of the Depositn.—lleaom for tho ccssotion of
deposits in tho bank, 831 ; the duty of the Secretary,
881 ; no prospects of a renewal of the charter, 8S2 ;
other reasons, 3S3; the board of directors, 8S3 ; author-
ity of the Secretary to remove the deposits, 884; the
deposit bank^ 8S5; difficulty of obtaining the deposit
banks, 885 ; power of tho Bank of tho United States, 8S.'i.

In the Senate.— 'RoiuiTt considered, 898 ; proposed, that
tho Senate act upon It at once without the intervention ot
a committee, 898 ; the Honso the proper place to Inves-
tigate the charges made In that report, 89:1; resolution
offered, 893; referred, 894 ; report, 894 ; remarks on the
despotism of the committee, 894; reply, 894; rcjwrt
drawn by the counsel for the bank, 894 ; InoHlclency ol
the resolution, 895 ; no action proposed, 895; resolution
adopted, 895.

Itosolutlon subsequently proposed again with another
requiring the return of the deposits to tho bank, 896 ;
remarks, 896; Impropriety of the resolutions so near
the close of tho session, 896; other consldorattons, 897;
resolutions adopted, 897; sent to tho Uonso and not
taken np, 897.

/ft the //<nM«.— Report of the Secretary, memorial ol
the bank, and of the government directors referred,
898; report, 893; adopted, 893.

Government Directors, fffir Xominntlon and /?«•
jeition. — Oppo.sitlon manifested to four of the five noin
Inated, 895; resolution of Inquiry Into their fitness, .to.
oflered and rejected, 838 ; four rojocte<l, 8'>6; no coni«

tJM

I'''; III

r? 7

si'

INDEX TO VOL I.

plaint >4calii9t them oxcvpt fruiii tliu bauk, 8^0; rejoctcil
fur the report mailo tu tbu rrusltluot, S»6; ri-nuiiil-
natrd, 896; uicfuogu, 8^6; extracts, 897, 6Hi; question
r&Uud 0.1 tu whicli was thu nuiulnatlujf power fur bunk
directors, the Vresident and Senate or tlia Ban): and
tiuuato, 8iM; drterniluatlon to try tUUi questluu, 8:>tf;
message referred to a cuuimittee, 8el); report airalost tlie
re-nooilnatiuns, 8':i9; t)'e absolute right of the Senate to
reject, 8^9; their privilege to give no reasons, 8S9; thu
general policy of making re-nominations, 8ij9; extracts,
8!;9; uicinoriiU of the rtjccted directors, 8S9 ; extracts,
890; their rights and duties as government directors,
890; opinion of Alexander Ilamiltoa relative to gov-
ernment directors, 891 ; opinion of Alexander J. Dallas,
891 ; reasons why the motion to strike out government
directors was resisted when the charter was under con-
sideration, 891 ; they are the guardians of the public
interest, and to secure a Just and honorable administra-
tion of the all'uirs of the bank, 891 ; the nominations
again rejected, 892; reasons kept secret, 892; motion
made to publish the proceedings, 892 ; loMt, 892 ; re-
marks on the lieportof the Committee of Investigation
relative to the £xcbango Cummittce, 892.

Call on tlit President for a copy of t/ie paper read
to his Cabinet— llequeat to be Informed if it was
genuine, 899; and ifso to furnish a copy, 899; Senate nut
the branch of the Legislature to call for this document,
899 ; uses to which the paper might be put, 899 ; it can-
not be rightfully called for, 899; resolution passed, 400;
answer of the President, 400; denied the right to call,
6lc., 400.

Attempted Investigation. — Select Committee ap-
pointed in the House to investigate the atfuirs of the
United States Bank, 453 ; objects to be ascertained, 459 ;
authority given to the committee, 459; right of the
House to make the investigation, 459 ; proceedings of
the bank to defeat investigation, i69 ; report of com-
mittee, 459; extracts, 400; treatment of their call for
certain books, 461 ; action under subpoenas, 461 ; a war-
rant recommended for the apprehension of the presi-
dent and directors, 461 ; the committee of 1819, 462,

Investigation hy the iS«na<«,— Since much ground
lost In public opinion by resisting the Investigation of
the House to retrieve the bank, an Investigation com-
mcnoes In the Senate, 4T0 ; committee moved, 470; view
of this act of the Senate, 471 ; the members of the com-
mittee defenders of the bank, 471; the only semblance
of precedent, 471; called the "Whitewosliing Commit-
tee," 471.

Downfall qf ftie ifdnifc.— Copy of resolutions of its
etockholdcrs, 471 ; extracts from Philadelphia papers,
472^ report of the Finance Committee, 481 ; its friendly
reception, 4S1 ; its contents, 4K\ ; its declarations con-
tradicted by Senator Benton, iS2; extracts, 482; impu-
tations upon the President, Vice-President, and Senator
}ienton, 482; committee departed f^om the businen
with which they were charged, 488; the charge of hos-
tility to the bank on the part of the President, 488; de-
fends the Secretary of the Treasury against the Injputa-
tions of the report, 484; misconduct of the bank shown
from recent facts, 484; the abduction of • million and a
half fl-om New Orleans, 486; the report ex-partt, ^6;
reply In defence of the report, 486 ; extracts, 486. iStt
JaclctorCt Administration.
Banks in the District, rec7utrter o/— Speech of Senator
Benton, 658 ; "the charters wrong, 66S ; no bank of cir-
culation ought to be authorized in this district, 659;
none to furnish other currency than large notes should
bo chartered anywhere, 059 ; ameliorations in charters

proposed to be granted in order to ren<l«r thtm '«
dangirous to the community, 659; liability of t d
ktockbuldurs, 059; bunk stock to bo subjfct w Uxaii"
like other projiorty. B59; to issue no null's i,,„ ,i
twenty dollars, 659; the charters to be rcptalablo at ti
will of Congress, 659; evil of small notos tlufc^-d un.lf
three heads, CtW; the banishment of gulil anJ »i|v.,
counterfeiting and throwing other burdi'n:! of |,„^
upon the p<N)rcr classes, CflO; the basis of rirculi:,.,!
throughout the country should be bard money, 6<W' thi
true idea of banks seemed to be lost in the couiitn iVi\
the faculty of iasuing paper money renders Lunkj ,ia„
gerous, 663; progress of banking business U ttlarinini
and deplorable in the United States, 66,'); the bunlro
which the banks Impose on the people, 6(ii ; " recliariei
carried, 665.

Babboub, Ja>.bs, Senator from Vir^nl*, 7; governor.:
votes for the Missouri Compromise, S; on tlio Virviaii
resolutions, 85 ; Secretary at War, 65 ; negotiates trcai J
with the Cherokees, 107.

Babboub, Philip P., Representative from Vlrpinii, :
selling the stock of the Uniteil States in the bank,'J<ij]
his character, 296.

Babbt, Williaii T., Postmaster General, 120; sppoipteJ
MlBlstor to Spain, 181.

Batabd, James, Commissioner at Ghent, 91.

Behton, Thomas II., instigator of the clause prohibiting |J
gislatlve interference with slavery In the cunatitutiuJ
of Missouri, 8; his first experience in standing "solluirj
and alone," 16; views relative to the settlement fl'ijrj
gon, 18; first 8Ui:gest8 sending ministers to Orientals J
tions, 14; denounces the treaty of 1813, 1,5, 17; ojovj
amendment to the constitution, 87 ; visit to Jeff'.rw j
48; offers a bill to occupy Columbia river, Ou; reuurJ
on the treaty with the Creeks, 61 ; on the duty oq ij
digo, 97; on the sale of the public lands, 103, ISO;
slavery, 136; on the peroration of Webster, 142;ontlJ
regulation of commerce, 151; the repeal of the sim
salt tax, 155; on the Bank of the United States, l;l|
his silence relative to the nomination of Van liuren i
Minister to England, 218; letterto VanBurcD,2H;
the illegal currency of the Bank of the United SutJ
220; on government expenses, 231; against tliecKlJ
Blve privileges of the bank, 245 ; reply to Clay on ti
veto power, 255, 256; on the compromise tariff bil
819; on home valuation, 824; on Missouri rosi<lutioi/
860 ; on report of the Secretary of the Treasury, iat
on the removal of the deposits, 406 ; gives notice of il(
expunging resolution, 428; on a gold currency, 43ii;
public distress, 462 ; on the Beport of the Senate Cod
mittee to investigate the alfairsofthe bank, 482; rei
tive to the expunging resolutions of Alabama, i)-U\ (
the Branch Mints, 651 ; on distribution of the prooei
of the public lands, 660 ; on the memorial to aboliJ
slavery in the District of Columbia, 677 ; on I'ri'ccb j
fairs, 691 ; on abolition petitions, 617 ; on the k ihdJ
iiig resolution, 645; on distribution of the Iaadpro,;ed
649, 662; on rrcharterinir the district banks, 6i3;|
Texas Independence, 670 ; on the specie circular, Cil
on revision of the specie circular, 696, 7ul ; on the i
tax, 714; on the Expunging resolution, 719.

BiBBiBN, John M., remarks on the treaty with the Cre(|
63; attorney -general, 120; resigns his seat la tlie (
net, 181.

BiBB, Geobob M., on home Taluation, 824; on the Frenj
spoliation bill, 48T.

.SirtAday of Jefferson and the doctrine of nulliflc(itlon.ll

Blaib, FsANris P., how lid to establish the Globe oef
paper, 130.

INDEX TO VOL. I.

(cnnteJ In urilcr to ran>I«r them
le Guminuuity, 6&V; IkUlitjr of t:,i
i; bank stock to bo aubji'ct to Usatini
orty . »»» ; to iMuo no ncjlfs Ii:m tuJ
X,'J\ the cliarteM to bo rcpialal/lc at v..,
1, OMI; evil of smiiU notes clauvil iin<lrj
0; the baninbinent of gold anJ tilvrr
and throwlnu other burdini i,f !.►,„ J
.•r classci, ecu; the buia of rircult'.ioj
country eboulil be bard money, Mi ; ili
ks seemed to bo lost In th« country, i}<;i|
isulng paper money renders bunks duil
ogress of banking business U alarnuni
in the United SUtes, 66:) ; the bunl.i
ji impo«e on the people, 6S1 ', " recburtej

Senator from VlrK'nl^ T; governor,;^
illssourl Compromise, 8; on tho Vlminli
; Secretary at War, 65; negotiates tnaiJ
)kees, luT. |

P., Keprcsentatlve from Virginia, '.; ,
ck of the United States In the baul>, '2961
296. I

T., Postmaster General, 120 ; appointoJ
lain, ISl.

Jommlssloner at Ghent, 91.
II., Instigator of the clause probibitin; \i
•fcrence with slavery tn the constltuuul
; his first experience In standing "soliUFf
I ; views relative to the settlement o'oJ
suggests sending ministers to Orlenul nj
louucos the treaty of 1818, 15, 11; movj
to the constitution, 8T ; visit to Jcff..rsoJ
dU to occupy Columbia river, 60 ; rcuiatJ
with the Creeks, 61; on the duty on i
the sale of the public lands, 103, 150;
on the peroration of Webster, 142;oiitlJ
commerce, 151; the repeal of tlie liluJ
on the Bank of the United States, Is^
dative to the nomination of Van Buren (
:ngl8nd,218; letter to Van Buren, 2B;i
irrency of the Bank of the United SutJ
srnment cxponsca, 231; against tliecscll
lis of the bank, 246; reply to Clay on ilJ
256, 256; on the compromise tariff bil
evaluation, 824; on Missouri rcsi.lutioif
)rt of the Secretary of the Treasury, S)l
val of the deposlU, 406 ; gives notice of t J
esolutlon, 428; on » gold currency, 436; J
S8, 462 ; on the Eeport of the Seunte CoJ
irestigate the »fralrsofthe bank,4S2;relJ
izpunging resolutions of Alabama, oU; f
Mints, 651 ; on distribution of the procen
lo lands, 660 ; on the memorial to abulij
lie District of Columbia, 677 ; on French j
n abolition petitions, 617; on the I pud
m, 645; on distribution of the landprweeJ
'r»charterin(t the dtatrlct banks, 655;j
pendeuce, 670; on the specie circular, «:]
of the specie circular, 695, 701 ; on the i
the Expunging resolution, 719.
M., remarks on the treaty with theCwJ
(T-general, 120; resigns his seat In the <

M., on home valuation, 824; on the FreJ

111,487. . ,L

ffersonand the doctrine of nulllflcatioMj

p.how l«d to establish the Globe t

I BuMiini.'.n >aKFU, RcpreseuUtlve from New Jersev , votes

r^.; h issionof MUsonri, 9.

rk)Ctoi:i. -H W., on the admission of Arksnsa.% 6.*)!.
|iii!irii . iiw. Secretary of the Navy, 120; resigus bis

KSt In \.\4 otbinet, ISl.
Irancli Mint* at A'eic OtUan* and in tht Southern gull
rtgion*.—VA\\ reported, 550; opposed by Mr. Clay, 550;
unwise and Injudicious to establish these branches, 550 ;
Indefinite postponement moved, 650; no evil in the nul-
lification of mints, 550; the present one sufllcicnt, 551 ;
the measure would be auxiliary to the restoration of the
nK'lalllc currency, 651 ; remarks of Mr. Benton, Ul ;
"constitstlonal right to establish these mints, 551; an
act of Justice to the South and West, 551 ; give the nitnt
five or six branches and nobody would want the bank
paper, 652; the Idea of expense on such an object
scouted, 652 ; for the greater part of the gold currency
\i in the vaults of the bank, 652; what loss has the
Western people now sustained for want of gold? 552 ; In
favor of measures that will put down small paper and
put up gold and silver, 652;" postponement lost, &5il ;
other motions made and lost, 658; bill passed, 553.
IritiiiK We«t India Trade, recovery of. — Account of this
trade, 124 ; six negotiations carried on between the
United States and Great Britain on this subject, 124;
limited concessions only obtained, 125 ; a primary ob-
ject with Washington, 125; his letter of Instructions to
Gonvemenr Morris, 125; a prominent point In our first
negotiation in 1794, 125; attempU of 1822 and 1323, 125;
remarks on the negotiation of 1S22, 125; effect of the
word " elsewhere," J2C; nttemptsof Mr. Adorns' admin-
titration to negotiate, 126; effects of his failure, 126;
Gallatin's Interview with Mr. Husklsson, 126 ; despatch,
126 ; facta communicated to Congress by President
Adams, 127; the case presented hopeless, 127 ; the loss
ef this trade an Injury to the country, 127 ; the position
uf General Jackson, 12T; minister sent to London, 127;
reasons given for a renewed application, 128 ; point of
right waived, 128; the trade recovered, 128; the trade
under the act of Parliament, 128; the grounds of suc-
cess, 128.
Ciow.N, Bedfobd, for Van Burcn as Minister to F.ngland,
216, on the branch mints, 651; on abolition petitions,
612.
BiovvN, James, Senator trora Louisiana, 7 ; votes for the Mis-
souri Compromise, 8.
BcciiANAN, Jameb, presento memorial of the Society of
Friends, 576; on French affairs, 690 ; In favor of the ad-
mitisiui of Arkansas, 680; on distribution of the land
proceeds, 703.
BcREE, Edmitnd, on the sale of the crown lands, 102.
BoEB, Cot. Aakon, deceatt <>/:— Brilliant prospects ending
in diame, 6S1 ; In the expedition with Arnold, 681 ; the
opinion of Washington, 081 ; position at the close of the
presidential election of 1800, 681 ; his character as re-
garded by his ompeers, 682 ; his talents, 6S2 ; the fitto
of Hamilton, 682.
Bi'BTON, HcTCiiiNS G., Kcpreseutatlve ttova North Carolina,

7; governor, T.
BctB, Hknbt, Representative IVom Ohio, T.
BcTiER, Benjamin F., nominated Secretary of the Treasury,

4T0.
BcTiER, Thomas, Bepresentatlvo tiom Louisiana, 7.

|CiiaouN, Jons C, Secretary at War, T ; ou Internal Im-
provement, 22; candidate for the Vice-Presidency In
1824,45; rupture with Jackson, 167; his friendship for

Jackson, 21S ; on tlie comproiiilM tariff bill, 815; on bujw
vaiuatiiin, 824; oOits nulllfiration ri'sulutioDa, ittl ; oc
the prluclplea uf nulliUratlon, 885; on ilUtributiun u.
pruceeds of laud sales, i\M, C51, 7(9; on the remu\ai u(
the deposits, 411 ; on the plan of nliir, 4114 ; uu the v\
pungiug resolutions uf Alabama, ,V26, 527; on the brand
mints, 568 ; on the comblnatiun uf the .hIui i< Slates, .'.n' ;
on French affairs, 591; on aliulitlun (ivtitiuni, 611, 614,
619; on the iude|>endenco of Texud, 007 ; uu the Kxpuutr
Ing resolution, 728.
CaHBaELENO, C. C, on the Committee of Bank IbvesUg»

tlon, 241 ; on the fortilleation bill, .V>6.
Campbkli., Juhn W., Itepresvntativo frum Ohio, 7.
Canno:<, Niwios, Kepresentative froui Tennessee, 7; gov-
ernor, 7.
Cabboll, Charles, deceatt of; lost of the signers ofthe Dec*
laratlon of Independence, 476; fute uf other signers fe-
licitous, 477 ; his career, 477 ; not present on the day of
signing, 477; signed afterwards, 477 ; Incident, 477.
Cabson, Kit, application for a commission in the army, 183.
Cass, Lewis, Secretary at War, 181.

CuAMDBKS, E. F'., against Van Buren as Minister to Eng-
land, 215.
Chandler, John, Senator from Maine, 9 ; votes for the ad-
mission of Missouri, 8.
Chesapeake Canal discussed, 32.
Clarke, Oen., treaties with the Indians, 29.
Clat, II en by, Keprescntatire from Kentucky, 7; efforts for
the declaration of war In 1812, 6; moves a joint com-
mittee of both Houses on the admission of Missouri, 9 ;
often complimented as the author of the Compromise
of 1820, 10 ; selecto the members of the Joint committee
in the House, 10; bis coadjutors, 10; movement against
the treaty of 1818, 17; on internal improvement, 22; ail-
dress to Lafayette, 80 ; on public distress, 82 ; lays be-
fore the House the note of Vivian Edwards, 84; ap-
points committee en charges against Crawford, 85; can-
didate for the Presidency In 1824, 44 ; letter to Benton
relative to declaring his Intention previously to vote for
Adams, 48; Secretary of State, 55; Commissioner at
Ghent, 91 ; against Van Buren as Minister to England,
216; nominated for the Presidency, 232; remarks on
the veto power, 255, 256; on the origin of tho protec-
tive policy, 267; report relative to the public lands, 275;
candidate for the Presidency, 232 ; on tho Compromise
Tariff bill, 818; on Kendall cotton, 819; on distribution
of proceeds of land sales, 863 ; on report o.' the Secre-
tary of the Treasury, 893; on the removal of the depos-
its, 402 ; on tho expunging resolutions of Alabama, 525,
627; on the bill to suppress Incendiary publications,
586; on distribution of lani proceeds, 707 ; on the Ex-
punging resolution, 729.
Clav, Mbs., her oppearance on the evening previous to tho

duel between Clay an(' Randolph, 74.
Clayton, J. M., against Van Buren as Minister to England,
215; on the coming distress ofthe people, 254; on home
valuation, 824-326; on French affairs, 594; mores a
committee of Investigation on the Bank affairs, 236; oa
the committee to Investigate the affairs of the U. 8.
Bank, 241.
Cobb, Thomas W., Representative from Georgia, T.
Cooke, John, Representative from Tennessee, 7.
Coles, Edward, publishes correcklon of errors relative to

the passage of the ordinance of 1787.
Columbia River, occupation of, bill to authorize the Presl.
dent to take possession and occupy tho country offered,
60 ; object of the British, 50 ; the British pretensions ex-
amlned under their own exhibition of title, 60, 61, 62, 88 ;
title as claimed by tho United States, 54.

rin

INDEX TO VOL. I,

CvmMnation against Gtntral Jack»on.—8t» Bank iff tk*
l/nlUd State*.

Cbmmerce, rtgutatton «>/t— The power which U glren to
Congress bjr the constitution, 140 ; not jti been execut«d
to the sense Intenilud bf tbo constitutlon,149 ; riews of Mr.
Jefferson, of Maillson, Hamilton, Ac., 149; remarks, 149;
the principle of the regulation wia to be that of recipro-
city, ISO ; mode of acting, IfiO ; object to carry out these
views on the extinction of the public debt, 100 ; bill to re-
vive the policy of the Madison resolutions, ISO ; Madlaon's
remarks, ISO ; " the commerce of the United States not
on that respeotable footing to which Its nature and im-
portance entitled it, ISO; situation of things previous to
the adoption of the constitution, 190 ; effects to be pro-
duced by the resolutions proposed, 160 ; advantageous
position this country is entitled to stand In, 180; our
country may make her enemies feel the extent of her
power, ISO;" "bill proposed, 151; to provide for the
•builiion of duties, 151 ; the title of the bill, 161 ; the
bill, 1S2 ; the flrst section, 162 ; contains the principle of
abolishing duties by the joint act of the Legislative and
Executive departments, 163; the idea of equivalents,
1S2; in what way may the restriction on oar commerce
be best removed, regulated, or counteracted? 163; two
methods, 152; friendly arrangements, 153; the plan pro-
posed, 152 ; benefits resulting fi'om an abolition of du-
ties, 153; do not our agriculture and manufactures re-
quire better markets abroad than they possess at this
time ? 168 ; the merits of the plan, 158 ; Its success, 168 ;
advantages arising from a payment of the public debt,
153; the treaties should be for limited terms, 154; " re-
marks, 154.

rt)mm<««« on the cborges against W. II. Crawford, 86; on
amendments to the constitution, 78 ; on the redaction
of Executive patronage, 80; on the application of the
bank for a renewal of its charter, 338; House, to whom
was referred the memorial of the bank, 385 ; of Invest!-
gatiun into the affairs of the U. S. Bank, 241 ; to investi-
gate the affairs of the bank, 45S, 470 ; on Incendiary pub-
lications, 58C ; on abolition petitions, 631.

CongrtM, 22d, its members, 208; their talent, 208; com-
mencement of 24th, 568; when does the term of its ses-
sion expire? 698,599.

Cook, Danibi. P., Keprescntatlve tiova Illinois, 7.

CuAWFOBD, 'WiLiiAM H., Secretary of the Treasury, 7; de-
vises a measure of relief for the public land debtors, 12 ;
on internal improvement, 33 ; charges ogalnst,85; can-
didate for the Presidency in 1834,44; declines the Sec-
retaryship of the Treasury tendered by Adams, 65; let-
ter to Mr. Forsyth, 182.

Cbittkndkn, Jonsf J., on the recislon of the specie circular,
698.

Cbooes, Bamset, founder of the colony at Astoria, 18.

Croweli., JonN, Keprescntatlve f^om Alabama, 7.

Ouniberland Road discussed, 32.

CcsBiKO, Caleb, on the admission of Arkansas, 682.

Dallas, Oeoboe M., presents memorial for a renewal of ,;he
bank charter, 327 ; remarks, 837 ; on the operation of the
Tariff, 370; on home valuation, 834

Daitk, Nathan, claimed as the author of the ordinance of
1787, 188.

Damiii., on the Virginia resolutions, 851.

Davis, John, on the compromise tariff bill, 810.

Dtbt, public, amount of at the close of the second war, 6.

V»imH Bank bill, to regulate the oustody of the public

money, 658; bill once defeated In the Senate, Bjso- u '
up again and passed, 668. . ' I

DicKBKS Aanrar, writes the answer of Crawford to chir- I
against him, 85. '**'

DUtrilmtUm of tht Btttnut.—'TheM proposition* tnt <
posed and afterwards favored by Mr. Calhoan wiih ti"
salvo of an amendment to the constitution, BS4' «,• j
mittee of inquiry appointed, 664 ; basis npon which tla
committee was proposed, 667 ; flrst meeting m,) ^ ,.| j
committee appointed, 657 ; the report an ingonloni ar<l
plausible attack npon the administration, &e., SST' ,
bate on the report, 667; expenses doubled flrom eitrti, J
dinary objects, not belonging to the Government, UbJ
I>orary In their nature and transient, 667 ; the dlitr!bcti<,a
of the surplus and the amendment of the constitDtlonj
657 ; distribution the only practical depletion of tlJ
Treasury and remedy for the corruptions which an ciuj
berant Treasury engendered, 657; no minority report,
made, 667 ; custody of the public moneys not IllcinlJ
667; opponents of the Administration defeated tlie IitJ
posit Begnlation bill, 657 ; the report, 667 ; " what is t J
bo done with the surplus? 657; existence of onr inttitul
tlons and the liberty of the country may depcna on th*
success of this Investigation, 658 ; danger fh>m exctss cifl
patronage arising flrom excess of revenue must be tcm-T
porory, 668 ; the Government In a state of passage fron
an excess of revenue to a limited revenue, 658; oblcctj.
of investment, 668 ; objections to distribution, 55S; (fj
fecta of distribution, 668 ; reasons for suggesting tLii
proposal, 669."

Keply of Senator Benton, 669 ; " proposition In ih»
report to amend the constitution for eight years to en J
ble Congress to make the distribution, 660; eclipses alj
other propositions, 660; predictions tcom the sanJ
source of a deficiency of the re venae, 660; anecdotoj
660; the Treasury was to be bankrupt and the cnrrcncTl
ruined, 660; the amendment of the constitution, (61
this scheme an old acquaintance on this floor, S61 ; thi
statement of a surplus examined, 661 ; report of tJ
Secretary of the Treasury, 663 ; It is said there Is no ts;|
to reduce the rerenue before the end of 1843 without vio.|
lating the compromise, 668 ; sources fi'om which a larg J
reduction could be made, 668 ; it is said there is no povf
sibillty of finding an article of general utility on whichl
the surpluses could be expended, 664 ; several nsefol,!
necessary, and exigeant measures, 664; defenceless statil
of the country, 664; fortifying the coasts, 664: mcsss^tl
ofPresident Monroe In 1833, 666; extracts, 666; remarksT
npon the extracts, 666, 667 ; " no vote ever taken on tiial
amendment to the constitution, 667 ; deficiency is ttel
Treasury, 667; distribution afterward took place vltbout|
the amendment, 667.

Extract fVom the National Gazette attribnti>j tol
Nicholas BIddle, <49 ; distribution nearly become a part J
measnre, 649 ; the plans proposed, 649 ; remarks of SeD.]
ator Benton, 649 ; Introduces an antagonistic bill, derotJ
ing the surplus money to the public defences, 649; mst.|
Ing an Issue between the plunder of the country and tttl
defence of the 30antry, 649 ; every surplus dollar re-
quired for the defences, 660; bill passed Senate, ffil;|
sent to the House, 651 ; course adopted to secure rotcif
In the House, 651.

Scheme of deposit with the States, 651 ; objectioii
651; vote on the passage of the bill, 662; objectioiii
urged against the bill, 652; attempt to debauch thepeol
pie, 658 ; consequences must be deplorable and destn>l
tivo to the Federal Government, 654; the progreHi^l
the distribution spirit, 654 ; the measure goes to sap tbtT
Cu<r<\'\!i'.'iia of tlu Fciertl Qorornmenti 665; isitvi<i|

INDEX TO VOL. I.

ea defeated In the 8«ii»t«, UO; Ma |

l,6M.

)g the answer of Crawford to cljir;e<

'»«nM«.— These proposltlom Una i
•ds favored by Mr. Calhoan with tiJ
ment to the conatltntlon, &&6; com J
»pp«liited,88«; basis npon which il.J
jposed, 55T; first meeting tiicl»i,.tJ
ted, 657 ; the report an Ingenious trA
pon the administration, &c.,SE;T; i
, BBT ; expenses doubled from Mtnw.rJ
t belonging to the Government, tcm^
are and transient, KT ; the dlstrlbctlu
1 the amendment of the conttltutlon,
the only practical depletion of tkJ
ledy fbr the corruptions which an emJ
engendered, 58T; no minority tcport
idy of the pnblio moneys not tllenlJ
f the Administration defeated tlie LeJ
bill, 857 ; the report, 657 ; "wh»t li tJ
snrplost 657; existence of our InstltuJ
jrty of the country may depena on it J
vestigatlon, 568 ; danger from eictss oil
5 ftom excess of revenue must be tcmJ
Oovernment in a state of passage fromi
gnne to a limited revenue, 558; objcctj
,68; objections to distribution, B68 ; ef J
itio'n, 668; reasons for suggesting tLii(

ator Benton, 669; "proposition In tb

1 the consUtntlon for eight years to em

make the distribution, 6C0; ecllpsei all

ons, 660; prediction* firom the sum.

flclency of the revenue, 660; anecdote,

ry was to be bankrupt and the cnrrcncj

amendment of the consUtutlon, 661

old acquaintance on this floor, 861; tli

surplus examined, 661 ; report o( th

Treasury, 662 ; it is said there Is no w«:

venue before the end of 1842 without vie

romlso, 668; sourcea firom whichalarg,

be made, 668 ; it is said there Is no pos

ng an article of general utility on whlchl

sould be expended, 664; several useful,

Bxigeant measures, 664; defenceless etaw

B64; fortifying the coasts, 664: messMe]

)nroelnl822,666; extracto,566; remaitt

ta, 666, 667 ; " no vote ever Uken on tiii

the constitution, 667; deficiency In ths]

distribution afterward took place without

667.

the National Gazette attribntfd to
„ «49; distribution neariy become 8 party
the plans proposed, 649 ; remarks of Sen-
) ; introduces an antagonistic bill, devot.

money to the public defences, 649; mak-l
tween the plunder of the country and ttr

jountry, 649 ; every surplus dollar n

defences, 660; bill passed Senate, 65U]
use, 661; course adopted to secure votsr

leiioeit with the 8tate^ 651; objecttoi
the passage of the bill, 662; objecti
the DlU, 652 ; attempt to debauch the i
squences must be deplorable and destriK
ederal Government, 654; the progre« o)|
m spirit, 654 ; the measure goes to sap \W
tlw Fcleril Oovernment, 655 •'-

le throw away this money? 656; nothing but evil in
tbU fatal tcherae, 857 ; bill paaset the Uuute, 6.'>T ; feel-
[aft of the Pre«ld«nt on approving of the act, 6^7.

Moved that a bill be brought In to release tie States
tnm all obligatlona ever to return the dividends un-
dor the deposit act, 707; motion condemned at the out-
tet, 707; laid on the table, 707 ; Clay's movement to re-
vire the land distribution bill, 707 ; his remarks, 707 ;
a lubstitnta reported, 706 ; kindred schemes, 708 ; Cal-
houn's propoaition, 708; debate, 708; Calhoan in reply,
709; proposition rejected, 710; Allen's proposition, 710 ;
laid on the table, 710; deposit clause attached to the appro-
prUtlon bill, 711 ; struck out in the Senate, 711 ; lost, 713.
jW(iiear«,'-IIer position in relation to slavery, 10.
PiTocQViviLLB, errors o(^ 159; errors respecting the House
«f Representatives, 306; errors respecting Bank of tbo
United 8tate^ 826, 228.
pttl bttaMn Clay and Randolph.— \a\en\a-9i between
Handolph and Benton, 70 ; Bandolph declares he shall
(ot fire at C3ay, 70; circumstances of the delivery of
the challenge, 70 ; reasons for refOsIng to fire at Clay,
70; meaning of " two pledgee" referred to by Hr. Ban-
dolph, 71 ; conduct of Bandolph, 71 ; eharacteri8tlc^
Tl ; Bandolph'a letter of acceptance, 71 ; protest of
Bandolph, an explanation, 71 ; further communications,
'i\ remarka on Bandolph's speech in the Senate, 72;
attempt of the seconds to delay the meeting, 72; the
report of Bandolph'a remarks made to CUty, 78 ; inquiry
between the seconda as to the cause of the quarrel, 73 ;
farther views on the speech, 78 ; " Puritan and blackleg,"
T3; place of the duel, 78 ; interview between Benton
and CUy, 74 ; subsequent Interview between Benton
and Bandolph, 74; Bandolph arranging hia worldly af-
lkirs,74; Bandolph at the bank, 74; the pieces of gold,
75; manner in which the word waa to be given, 75;
the preparations on the ground, 75; an accidental dis-
charge of a pistol, 75; Bandolph's remark, 75; after the
flrat flni Benton interposes, 76 ; Clay's answer, 76 ; Ban-
dilph's feelings and remarks, 76; the second fire of Clay,
77; Bandolph fires in the air, 77 ; reconciliation and
gratification of the parties, 77 ; the gold seals of Hamil-
ton, Tatnall, and Benton, 77.
lOiUBON, J. M., interview with Gen. Duff Green, 123.
Ah Judge of Supreme Court, 8.

1 Gov-

:lslt«iM|

iut,£Lug, Bepreaentatlve fh>m South Carolina. 7
ernor, 7.

UtoN, JonM H., Secretary at War, 120 ; resigns his seat in
the Cabinet, 181; appointed Governor of Florida, 181 ;
Minister to Spain, 181.

[dvaids, Wcldon N., Bepresentative fIrom North Caro-
lina, 7; votes for the Missouri Compromise, 8.

Idtasdb, Ninian, note oli84; brought back ft'om bis mis-
sion to Mexico, by the Bergeant4t-Arms, 85.

k c^ 1882.— The candidates, 382; a question of sys-
tems and measures tried In the persons of those who
stood out boldly In their representation, 383 ; the de-
feat of Clar, 883; the success of Jackson, 282; the point
and lesson of the Vice-Presidential election, 282 ; tho
vote, 282 ; Anti-masonic excitement, 282 ; its reault, 283.
UOR, John, votes for the Missouri Compromise, 8; re-
marks on the removal of the Indiana, 87.
KAKza, Amos, eandidate for the Presidency, 282.
•nt, WiLUAU, Bepresentative firom Massachusetts, 7 ;
of revolutionary memory, 7.

|n!(s, TnoMAS, against Van Bnren as Minister to Eng-
Iiid, 215; on the specie circular, 694.

Ap*n*f of OoMrnHMiK.— Kxp«>nM« ttm\ t**> to IMj,
281); cotnpariaun with the pnwnt day, 2%); rpmark\
8»i); "It It said that ainro Irii) tho rxt»>n<e« ua\«
nearly doubled, 880; exreptinir f.iur vrarf the f!«p«Mi».«
have not Incroavol, 2flO; caiiw of rivlnci^il exiM'tnllturuw
III certnln yeart," '^IMI; error In the ^^^ls of nili'ulatlnn,
281 ; " two [Treat and broad farbi in vl<'W, '.'.SI ; rx|»'n<li-
tures for diffiTeat years, 'J:il ; oljoot to ^li.iw a urcat
increase in a short time," 2ii2; iuiji ■rtant to know th<*
correct expenses, IM.
Stpunging resolution, notice of by Senator Brnton, 42S.
£>o. o/AMHtma.—Koai>\tM„nautt.\H' (i>ni,Tal A.wni-
bly of Alabama, entreating their Senators to use tlieir
best endeavors to cause to be expunged f^om tho Journal
of the Senate the resolve condemnatory of I'resldi'nt
Jackson for the removal of tho dcposltn, 524 ; several
States had already given instructions, fi24 ; Inqniry of
Mr. Clay relative to the intention of tho Senator
from Alabama relative to the resolutions, 624 ; reply uf
Mr. Benton, 024; tho notice given by hlin at the time
of passing the condemnatory resolution, 534 ; rea^oni
for giving the notice, 524 ; answer to the inquiry of Mr.
CUy, 625.

Beiuarks of Mr. King, 525 ; " surprised at tho question,"
625; bound to obey instructionii, .^25 ; if the gentleman
from Missouri declined, he should at the proper tliuo
bring forward an expunging resolution, 625; further
remarks, 625; Mr. Clay's ruinnrks, 525; " no motion ac-
companies these resolutions, 525; the inquiry a natural
one, 525; a hope that the resolutions would be with-
drawn, 526; If, after consulting precedents, the Senator
from Alabama should deem proper to ofl'ur them, they
would be entitled to consideration, F26 ; until then, hU
duty to resist such an unconstitutional procedure as tho
reception of these resolutions," 62&

" Decline to accede to this proi>osltlon, 520 ; object to
carry out his instructions, 626 ; at a proper tiino a dis-
tinct proposition would be presented on this subject," 52)1.
Moved to lay the resolutions on the table, by Mr. Coi-
honn, C26; object to give the Senator an opportunity to
prepare a rescinding resolution, 526 ; curious to see how
such a proceeding would be reconciled with the inile-
pendent existence of the Senate, 626; how is It pro-
posed to repeal a journal 1 526 ; the only course left Is to
declare that the principle upon which the Senate acted
is not correct, 626; what is the principle to bo over-
thrown but that " we have a right to express our opin-
ions," 526; then it comes to this, that the Senate had
no right to express its opinion in relation to the execu-
tive, 626; "the king can do no wronfr," 626 ; this Is tho
very question in which the expunging our leglslatlvo
freedom and independence Is to bo agitated, 527; a
question of the utmost magnitude, 627 ; none of deeper
or more radical importance, 827.

The question on receiving the resolutions, 627; the
ease of Georgia legislative proceedings, 527 ; the case of
Wilkes, In the British House of Commons, 627 ; no
doubt of the power of the Senate to repeal, 627 ; have
we not it in our power to retrace our steps when wo
have done wrong, or to correct our Journal, which assorts
what Is not true f 627 ; the democratic party of the
country bad declared the facts of the journal to be false,
627; the party to which Mr. Calhoun belongs, 627 ; res-
olution laid on the table, 688; reception and printing
refused to a resolution of a sovereign State, 62&

Easpunging Betolution of Senator .£enton, 628 ; ex-
tremely distasteful to a minority of the Senate, 528;
characterized as an Indictment which the Senate itself
was required to try, and to degrade itself In Its own con-

(iff

IXDEX TO VOL. r.

(lemnttion, 528 ; r«Insrk^ ti2H ; tbia Mttnrncu anrnTatcd
by the couno wliir.h the public mlml wu taklnfr, S2'< ;
r<-5<>lutl<ina of loveral Htatrs bad ariiTed, Instnictinu
tb«lr Hunktort to rote fur tba expurtritlon, fi29; tperch
(if iicnator Ilvnton un the motion, &29; time of prcwot-
ini; the criminal resolution, 629; length of Its dlMuasidn,
b'.'U; date of Its poMsi^e, 520; an announcement of a
•rrlea of motions for Its expurgation, 629; tols stop con-
tillered fur four months, {i29 ; was expurgation the pro-
per mode, 629 ; the criminating resolution combineil all
tlie characteristics of ■ cas<) which required erasure
and obliteration, 629; a case of the exercise of power
without authority and without Jurisdiction, 629; other
inoilvs of annulling tbo resolution not proper In this
case, 629 ; they would Imply rIgbtAil Jurisdiction, a lawful
authority, a legal action, though an erroneous Judgment,
629 ; It is objected that the Senate have no right to ex-
punge any thing from Its Journal, 629 ; it Is said t7« have
no right to destroy a part of the Journal, 629 ; to expunge.
It is said. Is to destroy, 629 ; not so, 629 ; It Is Incorporated
in the expunging resolution, and lives as long as that
lives, 629; tbo case of the Middlesex election, 629 ; the
resolution to expel John Wilkes expunged from the jour*
nuls of the House of Commons, 629 ; words of the resolu-
tion, 630; annually Introduced from 1T69 to 1782, and
passed, 680 ; the history of the case not lust, 680; the res-
olution adopted in the Senate of Massachusetts during the
late war, adverse to the celebration of our national vic-
tories, 680; expunged ten years afterward, 680; the Sen-
ate tried President Jackson a year ago, now it Is itself
nominally on trial before Itself, but In reality before
America, Europe and posterity, 680; the proceedings of
this day will not be limited to the present age ; they will
go down to posterity, 680 ; the first President who has re-
ceived the condemnation of the Senate for the violation
of the laws and constitution which be la sworn to observe,
A80; the argument of public opinion In the cose of the
Middlesex election, 680 ; extract from Wilkes' speech,
680 ; do. from Fox's speech, 681 ; an English Whig of
the old school acknowledges the right of the people to
instruct their representatives, 681 ; acknowledges the
duty of Parliament to obey the voice of the people, 681 ;
the voice of the people of the United Statea has been
beard on tbls subject, 681 ; the resolution should be ex-
punged because It Is Illegal and unjust, 631; illegal be-
cause it contains a criminal charge, 681 ; the first step
taken in tbo House on an impeachment, 681 ; the British
Parliament practise an impeachment to which our con-
stitution Is conformable, 682 ; the li^ustlce of the res-
olution shown, 682 ; this point examined, 623 ; the res-
olution vague and indefinite, 682; the law should be
specified and the clause of the constitution violated, 632 ;
Giles' accusation against General Hamilton, 682; differ-
ent forms in which the resolution was presented, 688 ;
reasons of such extraordinary metamorphoses, 688 ; op-
portunity for any Senator to speak who would under-
take to specify any act In which the President had vi-
olated the constitution, 683; the resolution was unwar-
ranted by the constitution and laws, 688; subversion of
the rights of defence which belong to an accused and Im-
peachable officer, 638; of evil example, 634; speech of
Mr. Macon on the vote of approbation, 634; the resoln-
lutlon passed at a time and under circumstances to In-
volve the political rights and pecuniary interests of the
people of the United States In serious Injury and pecu-
liar danger, 634; this condemnation of the President
Indissolubly connected with the cause of the bank, 684 ;
UKtructlonssent to the branch banks contemporaneously
with the progress of the debate on the criminating res-

oliitlonK, tM; rxtrarts, 686; six po)iltloDs takrn,
no new measures to destroy the Bank, 6«* ; tli» |'„ ,,
•lent hart>nre<l no boallls and revengeful denlgnj inin-i
the bank. 688 ; not true that there was any nen>»<lt7 r.
the curtailment ordered In January, 689; nuejcuil,,,
ajHiIocy for doubting the rates of exchange, l.rpsklnz -
tlio exchange business In the West, and conccntriio'
the collertlim of exchange on the four great ciimracrrM
cities 640 ; the curtailments of these cxclianro r<vv:
tions were political and revolutionary, and connfrt
themselves with the contomporaneons proceedlnin of f «
Senate for the condemnation of the PresUlcnt, 6*); u,
cose of the Western branches, 642 ; evidence drawn 'ftnn^_
the bank Itself, 648; extract* tnm Mr. Kiddie's Itttpri
648, 644 ! article In the National Qaxette, 645; thodl8(r«,
of the country occasioned l>y the bank of the I'nltf j
States and the Senate of the United States, M; UsUii
of the reduction of the dcpo8lt^ 846 ; In 1919 the bmi
was unconnc'>tcd with politics, 646; frirthcr proof ihi^
the Senate and the bank, and the Senate more than tLi
bank, produced the distress during last winter, U7' t«
instances of the bank creating wanton prosaure W,
the resolution which It Is proposed to expunge," 5)9.

The expunging resolution laid on the table, M9; ciil!<(
up on the last, 649 ; motion to strike out the word " ei
punge " and Insert " rescind, reverse, and make null an,
void," 649 ; the friends of the expunging rejolntlon a
tonisbed, 649; an expurgation of the Journal wonld I
Its obliteration, 649 ; Inconsistent with the constitution
Injunction "to keep a journal," 649; the mover ' f tba
expunging resolution yields, 660; carried, 680; enii.j
tion of Mr. Webster that the word "expunge" ttis J
punged, 660; remarks, 650; the original expaogio" r
solution renewed, 6601

Bcmarks of Senator Benton, 646; "the condemiutioL
of the President co-operative with the conspimcv ii
the bank to effect the most ' ' ked scheme of mlscbiil
exhibited in modern times, ftad ; President Jackaon t j
done more for the human race than the whole tribe J
politicians pnt together. 646 ; his services to the coantW
647; no parallel to Jackson crushing the bank except 11
the Boman Consul crushing Catiline, 617 ; fartlier r|
marks, 648."

Less than'three years were sufficient to expresa poll
tC sentiment In fiivor of reversal, 717 ; notice of the i
/tntlon to bring up the resolution, 718 ; the resolutloi
718; remarkaof Senator Benton, 719; "the chan^j
public sentiment, 720; ascertained, 720; how flirt
the expression of this will be conclusive of our actio!
720 ; the terror of Jackson's admlnlstntlon and Ita ftJ
for good or evil on the coantry," 721, 722, 728, 724, 'SI

Meeting of democratic Senators, 727; final neatgif
taken, 727; debate on the motion to take op the ml
ject,727; the ipeakera, 727,728; feelings of theo;;|
sltlon, 788; expressions of Calbonn, 728; feoll
expressions of Clay, 729; Webster's protest agaiiutil
•ct, 780; resolution passed, 780; the expunging doit I
open Senate, 780; excitement in the galleries, 731; liij
ner given by President Jackson, 781.

Fabxham, BrssELL, founder of Colony at Astoria, 13.

/Vtt<in«<«.— Distress of the Government in 1820, 11 ; (
omy forced npon it, 11; army reduced fromlO,^!
6,000 men, 11; naval appropriation reduced onel
11 ; twenty-one millions more than double the amoJ
required for the actual expenses of the government, l|
how expended, 11 ; mistake to suppose an tmoiut I
oesbary to be left In the Treasury as • reserve, 11.

INDEX TO VOL. I.

itntrUi, {AA; tiz poottloDt Uk'ii. VJI
Pd to destroy the lJ»nk, MT; thf I'r.M
J hostile «n<! rev«n({cfiil ilesium tmii.i l
ot tnie that there wm »ny nfwi.liy t, 1 1
ordered In J»nuory,68»; nn exen-v ,
Una the r»te« of exch»nKe, hreaklnj ;•
]«lncs9 In the West, and conwntrnnil
exchange on the four (treat commfrci
eurtallmcDt* of these exchange r'v '>
lltlcal and revotulionary, and conoMtl
1 the contomporaneons proceeding of i:.«
condemnation of the President, 6+); \u
tern tranche*, M2 ; evidence drawn fMn,
M8; extracts trom Mr. BIddle's letter;,
I In the National Qaxette, 545; ttaedlttrcu
occasioned t>j the bank of the I'nltpi
Jenata of the United BUte^ 54«; lUtitJ
)n of the deposits, 546; In 1919 tbe Unt
«dwith politlc^54a; farther proof tlnl
1 the bank, and the Senate more thin tiJ
i the dlstreaa during last winter, M7; t J
le bank ereating wanton pressure, MTj
which it is proposed to expunge," M9.
ng resolution laid on the table, M9; ctlU
549 ; motion to strike out the word •• t:
isert " reseind, reverse, and make null ul
e friends of the expunging retolutloi a
an expurgation of the Journal would I
1, 649 ; inconsistent with tbe constitutlonj
keep a Journal," 549; the mover ■ f thJ
solution yields, 580; carried, 680; emlJ
ebsterthat tbe word " expunge " wu j)^
remarks, 660; the original expunging
wed,660i

^Senator Benton, 645; "the condemnatiol
lent co-operative with the consplmcyJ
iffect the most < ' ked scheme of mkihil
(nodern times, 6*1 ; President Jackson bJ
)r the human rnoa than the whole tribo (
it together, 646 ; his servlceu to the connttj
\e\ to Jackson crushing the bank except l|
Consul crushing CaUUne, 64T; further r

three years were sufficient to express poll
t in favor of reversal, TIT ; notice of the \l
ring up the resolution, T18 ; the resolutloj
a of Senator Benton, T19; "the chuftr
nent, T20 ; ascertained, T20 ; how iir shool
jn of this win be conclusive of our ictli>|
ror of Jackson's administration and Iti e(
ivll on the country," T21, T22, T28, tU, ;i»J
)f democratic Senators, T2T; final meuiij
debate on the motion to take npthejij
le speakers, T2T,Ta8; feelings of the op?
expressions of Calhoan, T28; feeling u
of CUy, T29; Webster's protest against
solution psssed, T80 ; the expunging done ]
), T80; ezcitemeDt in the galleries, 731; r
y President Jackson, T81.

-iBLt, founder of Colony at Astoria, 13.
itress of the Government In 1820, 11;
. upon it, 11; army reduced fyomlO,™
11; naval appropriation reduced onehr
^ne millions more than double the smiii
r the actual expenses of the government, ll
ded, 11 ; mistake to suppose an amonit
be loft in tbe Treasury as • reserve. 11.

\fltrvi>i, Trtaty and t'««r<c>« of TWvM.— Trraiy of liIJ,
fiving up Ti^xaa ami Br<|iitrlD^ Klorlila, 18; Ita df
jjiinclatin ., 15; actliin of Munniv's ('uliintt, 15; tri'iity
jpprr.fd by the ccmnlry. 15; points of tlm treaty, 15;
Irtter of Munroe to OviuTiil JivkMin, 15; rciititrnaiiiv of
tb( Northeast to *ee th« iigKraiKllzutnciit of the I'nioii mi
tlio tfoutli and West, 16; extent of this fvi'lini:, 10; virwn
of JelTurson and Jackson on tlio ccs.M(m of Texas, tli;
t^paln falls to ratify, 16; negotiations revived, 16; truty
rutltled, IT; movement against the trcnty, IT; chuni.'e
Id the relations of Spain and Mexico, 17; treaty with
Mexico, IT ; throe times ratified by the Heuate, 17 ; how
the territory was got back, 17 ; extinguished slave ter-
ritory nearly, IT; Indian treaties, IS; largest terrltorlul
sboiltlon of slavery ever effected, IS ; how received at
the South, 18; the inside view, 18.

It'iovD., JuiiN, Bepresentative from Virginia, 7; moves a
proposition for tbe scttlumi-nt of Columbia river, l.'J;
his character, 13.

IfooT, Samuel A., resolution of Inquiry relative to public
lands, ISO ; against Van liuren as Minister to Knglaml,
ei9.

IrmstTU, JouN, on the donation to the Greeks, 68; for Van
liuren as Minister to Englan<l, 216; on the Compromise
tariff bin, 815 ; SeccreUry of State, 477.

iFttUNQUiTYSKN, TuzoooRE, ogainst Van Uurcn as Minister
to England, 215.

IfrencA and SpanitK Zand ClaUn», tetUenunt o/— State of
titles In Louisiana on Its transfer to the United States,
219; the treaty protected every thing that was prop-
<rrty, 279; the question was to opply it to the land titles,
279; boards of commissions established, 279; thiir
operation, 279; defects, 279; the act of 1882, 280; iU
first section, 280; Its successful operation, 280.

I frtnch /wrfwwitty.— Special communication from the Presi-
dent, 588 ; French deet approaching the const, 688 ; im-
plying a design to overawe the government or to bo
ready for expected hostilities, 688; remarks of the mes-
sage on the subject of an apology, 688 ; a private at-
tempt to obtain a dictated apology, 633; an attempt
made to get this refused apology placed on the archives
of the government, 688 ; statement of the message, 689;
the inderdiction of our ports to the entry of French
vesisels and French products recommended, 689 ; nature
ofthe treaty that bad been formed, 589; stipulated for
a reduction of duties ou wines by our government and
tbe payment of indemnity by France, 689 ; advantages
to France, 690 ; reasons of such delay on the part of
France, 690 ; extract relative to the French armament,
890.

Calhoun charges upon the President a design to have
war with France, 591; Benton asserts that the con-
duct of the Senate at its last session had given to the
French question its present hostile aspect, 591 ; remarks,
891 ; conduct of France insulting to us, 691 ; an example
from French history, 691 ; a party in the French Cham-
bers working to separate the President from the people
of the United States, and to make him responsible for
the hostile attitude of the two countries, 592 ; comments
on the approach of the French fleet, 693; the present
state of affairs charged upon the conduct of the Senate,
893; defence of Senators, 694; the Senate charged with
the loss of the defence bills at tbe lost session, 695; de-
fence of the Senate by Webster, 696 ; further discussion
en the time when the second session of Congress ex-
pires, 598, 699; American arming declared to be war on
our side, 600; denied, 600.

BritUh Mediation.— iSesNige informing the Senate
tbst Great Britain hod otfered her friendly mediation

between the I'nlted t'tatri and Krunoe, (iiKl; »iTfJi«n>lon
of retaliatory mi'utire.^ reri'iiinu n^liil, ftio ; all |H>lnt.i In
the controversy Involving the honor nf the Inilnl !*t«t>i
excoi.ted, 600; motives of the offer, tioo, i»\ ; rellectlona
uiMin till* !»ul>jeet, iii)l.
Frtmh Si'iiliiitiiin ( V.nhi.— Oroiinil of exiniln-il, 91; as-
simi|ilion» on which tin Ir p.-iVMint ly tho I'niled
folates rested, 4->7 ; lluMlity of the L'niteil States to be-
como |ioyinastert themselves, m ra»es wluro lulling, by
war or necotialion, to olitiiln reilriM tliey iniike a treaty
Settlement snrremlei ing or nbimiloning the elalins Wi ;
this point examined, 4^7; covernments not bound to
push such Intere.itsto the extremity of a war, is'\ ought
not to go back thirty-four years ami eiill In iiuekllon llm
Judgment of Wa.«hlngton's aclmlnl>tr.ition, 4>'i ; another
instance of abanilonmcnt, 4(i.S; speech of Mr. Webster,
48S; grounds of tho claims, 4»9 ; speech of Mr. Wright,
48l»; relations between Franco and tho United States
prior to tho disturbances, 4>9; stipulations of treaties,
490,491 ; origin of tho claims which formed tho subject
of tho bill, 4111 ; referenco to aets of Congress to prove
that war existed between tho United States and France,
493; tho treaty of 1SI)0,495; what object In the l.-goUii-
tlon of 1800, 490; liability of the United States, 496;
further remarks, 487, 40S ; propositions established, 500 ;
the ttdvorates of tho bill concede that two positions must
be established on their part to sustain It, 500, 501, 60-.',
60.3.

Speech of Mr. Webster, 805; "essentially a Judicial
question, 505; oUlness of tho claims, 505; said most of
t.iem have been bought up, 605 ; report of the Secretary
of State presenting a general view of the history and
character of these claims, 806 ; before tho interfureucu
of our government with them they constituted Just de-
mands against France, 807; grounds upon which the
claims are vested by tho claimants, 507 ; points aduiltted,
503; propositions to be established, 603; were theso
subsisting claims against France at the time of the
treaty? 603; these claims released ond relinquished by
the amendment of tho treaty ond Its ratifications, 611 ;
these claims surrendered or released by tho government
on national considerations, 511 ; further remarks," 612,
513, 614.

Speech of Mr. Benton, 614 ; " the whole stress of tho
question lies In a fow simple facts, 514 ; assumed grounds
on which the claims rest, 615; on what grounds Is it
maintained that tho United States received a valuablo
consideration for these claims ? 615 ; tho cose as between
France and us relative to these claims, 515; our obliga-
tion under the guarantee of France, 616 ; the Justice and
validity of the claims themselves, 616; how can the
American people be pressed to pay these claims when It
would be unreasonable to press France herself to pay
them? 616; it is said the United States have received
fiill consideration l^om France for these claims, 517 ; ex-
ertions made by the United States on behalf of these
claims, 518; what were the losses which led to these
claims? 619; one of the most revolting features of this
bill Is Its relation to the insurers, 519; what sum of
money will this bill abstract firom the treasury ? " 520;
bill passed the Senate, 621; lost in the House, 521;
claim agencies and assignments should be broken np,
621 ; assignees and agents constitute a profession, 621.

OAiLLAnn, Jony, Senator f^om South Carolina, T ; President
of the Senate, T ; votes for the Missouri Compromise, 8;
decease of, T7 ; nearly thirty yeorg In the Senate, T7i

Ill

INDEX TO VOL. I.

nine timeii rlvctnd prralilent of the Hunate, 77; bl«
clisractor u presiding oHlcar 77.

Gallatin, Alukht, candidate for tie Vice Presidency In
y*i4, 46; coiniiiliwIoniT at Olicnt, 71; negotiates for
Joint occiipatlon of Uri'gun, 1U0; Interview with llus-
kisiton, I'iS.

OlutA, Wm. U., (JtcHUt qf, 111" I>t'Ciillar tulcnt, OSS; the
Charles Fox of the House, fV^n ; Ills character, 6S8,

OlLUEK, Okoboi, Kepresentatlvu ft'oin Ovor);!*, 7; Governor,
7 ; action relative to the Chorokees, lOS.

Gloht ift^cHpaptr, tht tHiabltuhmtnt o/.—\n Interview,
Vi9; scheme to set aside Ocn. Jackson and run Mr.
Calhoun for the next President, 129 ; propositions, VH ;
communicated to Oenoral Jackson, 1?' ; the Telegraph
newspaper, 129; Francis P. Blair, 129; how brought to
the notice of General Jackson, 129; establishes the
Glob* ntwtpaper, 180; stand taken by,lS2.

Gold currency, remarks of Mr. Benton npon a, 486 ; bills to
equalize the value of golil and silver and legalizing the
tender of foreign coins in either, brought forward, 469;
the relative value of the two uietnls, 469; experience of
Mexico and Boutb Amertc^ 469; 16 to 1, 469; bill pass-
ed, 469 ; its good effects, 46l>, 47U.

Government, the, its personal ottpoct In 1S20, 7.

Ubannv 'White, the cose of, 105.

Gbvnov, Felix, offers antl-nulUflcatlon resolutions, 34.

Hall, Thomab II., Eeprosentative from North Carolina, 7.

Hauab, Tiiouas Ii., on the aduiission of Arkansas, 684.

IIauilton, General, argument for a national bank drawn
from the Indian War, 2,

Hamilton, James A., acts as Secretary of State, 119.

Habdik, Benjamin, Bepresentative from Kentucky, 7.

Hartford comten'Jon.— Design of secession imputed to, 4.

IIaynb, Kobebt Y., on revision of the tariff, 99 ; on the duty
en indigo, 99 ; on sales of the public lands, 182; debate
with Webster, 188, 140 ; in reply to Webster, 140 ;
against Van Buren as Minister to England, 215; on
Boutbern resistance to the tariff, 274.

Hendricks, William, Bepresentative (W>m Indiana, 7.

Hill, Isaac, on abolition petitions, 614.

Holmes, John, Senator from Molne, 7; votes for the admis-
sion of Missouri, 9; against Van Bureu as Minister to
England, 215.

HoBSBT, OuTEnnniDOE, votes for the Missouri Compro-
mise, 8.

llouae of Iiepreiientaiites.—TS.non of De TooqueviUe, 205;
reputation of the work in Europe, 205; immense superi-
ority attributed to the Senate arising ttora the different
manner of election, 205; statement of De Tocqueville,
205 ; its tenor to disparage democracy — to attack the prin-
ciple of popular elections, 205; advantage of extending
Instead of restricting the privilege of the direct Tote, 200 ;
further remarks on his statement, 206; every man of
eminence has owed his first elevation to popular ejec-
tions, 206; experience of England, Scotland, Ireland and
Bome, of the success of a direct vote, 206; popular elec-
tion the safest and wisest mode of election, 206; the
difference then between the two Houses has vanished,
206; causes to account for an occasional difference, 806;
statesmen not improvised, 207; time often required to
carry measures, 207 ; instance parliamentary reform,
S07 ; other great British measures, 207; short service the
evil of the House, 207 ; instances of Adams and Bandolph
retaken up by the jMiople when dropped ft-om the
Henate, 207; this error disparages the controlling branch
of our Government, 207; the British House of Com-

mon%203; the Senate now occupies pronilm-nt puUlt
attention, 204.
HiNTEB, William, Senator firom Bbodo Island, 7.

Imprimnmint fur deht, alotition of. — Act of (.'oncri'.,!
passed to abolish all Impnsonmcnt on procesa Imui,^ I
Ihim the courts of the Vnited States, 20-.' ; etrcct of i!
example, 392; report, 292; extracts, 29'i; "iwwer ofii,, |
creditor over the debtor in ancient Greece and Uom,'.
292 ; the history of English Jurisprudence fumlshci !!.«
remarkable tut that for many centuries personal lib.'rt,r I
could not b« violated for debt, 802 ; progress of impr.wn. |
ment In England, 898; further remarks," 293 ; act pui.,.
ed, 298; effect upon the States, 898; imprisonmeDt nm.
demned by morality, by humanity, and by the tclencc {
of political economy, 294.
Incendiary pubUcatloni circulated by n»a«,— Movcil,
that so much of the President's message as related tv l
this subject be referred to a select cummlttoe, tm\ o[i. I
posed, should go to the committee on post-otBcei and I
post-roods, 680; object to secure a committee that wouU
calmly investigate the whole subject, 680; dltcnulugl
relative to the committee, 680; special committee i|>.|
pointed, 6S0; bill and report, 680; dissent of variouij
members of the committee ft-om the sentiments of tho I
report, 681 ; two parts exceptionable, 681 ; the nature ot \
the Federal Government founded in " compact "ardou I
interference of non-slave States with slavery In itlrl
States, 681; extracts Arom the report, 681, 6h2,&$8;|ii [
sldlousness of the report consisted in the assumption of I
impending danger of the abolition of slavery in all tig I
sUve States, and the necessity for extraordinary meam to I
prevent these dire calamities, when the fiict was that tbetti
was not one particle of any such danger, 634; the report I
foreshadows disunion, 684; in vain to expect securlt;or|
protection for the slaveholdlng States except fVom them [
selves, and concert only wanted among them to obtain tblil
end, 584; Calhoun recurs to secession for a new eriet.f
ance, 685; remark of Clay relative to the comproiiilu|
of 1888, 685; remarks of Mr. Webster, 686; examiiMtioiil
of the features of the bill, 686; remarks of Mr. Clajro
the bin, 686 ; the bill not only unnecessary, but as a In I
of dangerous, if not a doubtful authority, 686 ; whence |
did Congress derive the power to pass this law? 6S7,

Totes on the bill, 687; three successive tie votes, ij; I
yeas and nays called, 687 ; the Vice-President called f«t I
687; gives the casting vote for engrossment, 687; le [
marks on the vote of various Senators, 687.
Indian Factory J^ttenu—ItA origin, 81; objects, 21; iiow
carried on, 81 ; Ita inside working, 81 ; bill to re[«i
passed, 21 ; shows how long the Indians and the Oovem
ment mny be cheated without knowing it, 21.
Indian», removal of.— iMge tracto held by the Indlam^
South and Western States in 1821,27; eariy pollcvol
the Government, 87; applications to the Federal Gov
ernment incessant for their removal, 27 ; what hu be-
come of the tribes In the older States? 87; speech oj
Elliot, 87; views of Jefferson, 88; action of Monrot'i
administration, 28 ; process for effecting the remoTil,
88; bill passed, 88; treaties ratified, 89; the system o(
removal begun, 89.

Creekt, removal from C«orgf a.— Agreement betweei
the United States and Qeu;„'- ^<): treaty of removil
coneluded in 1S24, 6^; resisted by the :!atlon, S9;it-
tempta to enforce !>. by the State of Georgia, 69; Inter-
ference of the administration, 69 ; new treaty negotUtH
69; objections to it in the Senate, 69; fbrther negotiv
tlon, 69; treaty ratified, 69; an incident, 5V; remuh

INDEX TO VOL. I.

sBi

Date DOW uceupio iironilDcnt puUlt |
nator ttom Ithmlo Isluml, T.

ftH, aholMon of.~\ct of Cincr^t
M Imiinnoniiient on proccsn l»uii.,.
r the United 8Ute«,UW; fffcct of lU.
)ort,8»9; extract*, Sfli; "power ofiu
debtor In ancient Greece and Ui.m,.,
of English Jurisprudence fumlthn tU
that for many ccnturlo perwniUlbcrty
uted for debt, 8W ; progreM of liDi,r.wn.
1, 298; further remarks," 203; act |ni*
)onthe State*, 808; Imprisonment f da-
illty, by humanity, and by the Kleoro
my, 894.

ationt circulattd ly ma«,-MoTe.l,
r the President's mosssgo as rclsied lo
efbrred to a aeloot oomuilttoe, m\ op.
) to the committee on post^ifflces u.l
object to s«oure » committee thst wouli
ate the whole subject, 680; dlscBsslua
committee, 680; special committee t{,.|
all! and report, 680; dissent of variou)!
! committee from the sentiments of tlw
) parts exceptionable, 681 ; the nature ul
vcmment founded In " compact" «nl oj
non-slave SUtes with slavery In oth r
tracts f^om the report, 681, 682,588;lii
he report consisted In the assumption of
iger of the abolition of slavery In all tU
d the necessity for extraordinary means lo
Ire calamities, when the tict was thst there
rtlcle of any such danger, 684; the report
ranlon, 684; In vain to expect security or
he slaveholdlng States except ftom them
lert only wanted among them to obtain thli
>un recurs to secession for a new griet.
lark of Clay relative to the compromi»
imarksofMr. Webster, 688; cxamMta
of the bin, 686 ; remarks of Mr. Clay on
he bill not only unnecessary, but as a l»
nota doubtful authority, 686 ; whence
erive the power to pass this law? 887.
bill, 68T; three snccesslye tie votes, M;
called, 687 ; the Vice-President called t»t
casting vote for engrossment, 661; re
f ote of various Senators, 687.
Sy«<«i».-It« origin, 21; objects, 21; ii«w
I; its inside working, 81; bill to repei
>wa how long the Indians and the Govern
Bheatod without knowing It, 21.
q/:— Large tracts held by the IndlanBl
jstem SUtes in 1821,87; eariy policy o(
int,2T; applications to the Federal Goi
-isant for their removal, 27 ; what hai be-
ribes in the older States? 27; speech o,
ews of Jefferson, 88; action of Monroei
, .8; process for effecting the remoTil,
l' 28; treaties ratified, 89; the system ct

J, 89.

total from ff«orgfa.— Agreement helweei
tales and (ie»,^'- M: treaty of remo-nl
1S24, 6^; resisted by the nation, 69; it-
orce !. by the State of Georgia, 69; lnle^
administration, 69 ; new treaty negotM
, to it in the Senate, 69; ftirther negotlv
ity ratiaed, 69; an incident, 69; remarli

of Vfcn Duren, to; remarks of Benton, 01; ntlurt,
ti. &!.

Chtrok**; rtmoral/rom Gtnryta.—Ttei* nf the nn.',
6jJ; roiiiblnatlon ofobstnclci, d'H; procwilln^** rvlittivt'
Ik, *:'.'4; treaty with the l'berukel'^ tl'i4; amount <>r the
iilpulatlon, (>'H\ treaty opposed In the Senato, 0'i4; pm-
te>t from the Cherokee nation, tfK> ; proposition to ri"
Jill the treaty, t,V>\ close vote, 6'.'0; iSvimI by froo State
vutr.s 626; Involved an extension of slavery, 626; Jimt
anil fraternal spirit of the tree States to thvir suuthern
brrthrt'n, 62S.

final removal o/— This policy when commenced.
m; completed, 690; effects, 690; extent of the n-
morals, 680; Increase of ares of slave |Hipulatlun, 691 ;
conduct of tho northern States, 691; outcry against
Gonoral Jackson, 691; statetnonts of Oe Tucquovlllu,
«'^1 ; remarks, 692; amount of paymcntt to the Indians,
6'J.'; tho smaller remote trlbos, 693; the Imllun bureau,

tiJitin lOttrttgntiM vHtMn 5/(i^«it.— Indian oll^nrrhloa set
up In some of the States, 1C3; remarks of Proslilont
Jackson's message in 1829-30, llJ4; "tho romlltlnn and
ulterior destiny of the Indian tribes within States, an
object of much interest, 164 ; has tho General Govern-
mont a right to sustain them In erecting an Independent
pivcrnmcnt within tho limits of a State? 164; reforcnee
to the constitution, 164; their efforts dUcountonnncod,"
1C4; posssago of an act to enable their removal rccain-
siended, 104; an old policy taken hold of by party
spirit, 164; proceedings in Georgia, 164; proceedings of
tho Chcrokecs, 164; action of Governor Gilmer relative
to the suit of tho Cherokees, 165; charge of Judge Clay-
ton to tho Grand Jury of tho Indian countries, 105; ad-
dress of Milner to the Foreign Missionary Society of
London, 165; remarks, 160; the ease of Georgo TasneN,
1C(!; answer of Governor Gilmer to a request to make up
a case bi^fure the United States Supreme Court, 160 ; set-
tlement, 166.

lonxM, Samuel D.. Secretory of tho Treasury, 119; resigns
his scat in the cabinet, ISl.

\ltrnal ImprottmenU within the States, source of the
question, 8 ; New York canal finished, 22 ; roads and
canals ill thovogno, 22; candidates for the Presidency
spread thoir sails, 22 ; advocates of the measure, 22 ;
tvro prominent subjects discussed, 22 ; extent of the de-
slirn, 22; Monroe's veto, 22; the statement of the ques-
tion, 22; constitutional point bow viewed in tho mes-
sage, 28 ; the post-ofllce and post-road grant of power,
23; the war power, 2.'J; the power to regulate com-
merce, 24; to pay debts and provide for the general
welfare, 24; to make laws necessary and proper, 85; to
make needfiil rales and regulations, 26; tho point on
which Mr. Monroe yielded, 26; tho net for surveys pass-
ed, 26; places recommended for impruvomont, 26 ; veto
message of Jackson, 26; fate of the system, 87.

BOX, Andrbw, views on the cession of Texas, 16; on
I Internal Improvement, 22 ; candidate for the Presidency
I In 1S24,44; massage relative to a removal of the In-
dians, 164; veto of MaysvlUo road bill, 167; letter to
I Van Buren, relative to his agency In the rupture of the
I cabinet, 217; veto of the recharter of the bank, 251;
I elected President, 882; proclamation against South
Icirollns, 299; retains the bill to distribute the proceeds
I of the sales of tho public lands, 864 ; veto, 865.

in*adminMratlon.—ma inaugural address, 119; his

«abln8t,119; members of Congress, 120; Speaker, 121;
4s

rernnitnrnd«lion« of lil* first annual nl^«lMlet^ lit
'•anMiidiiHnl of tlie constitution riUiivn to i.l,'ctlon« oi
I'rrxldi-nt ami Vice I'rc«lclcnt," 1-^1; rcmnrk*. 122:
aiiiiiiiliiicnt to tho constitution too f.ir removed fri>ir.
the |ieo|i|e, l'.".'; events impreiwlvely iir^u it, li.': not
another esi»iii|il« on e:\rth of a free peo|il(i nurrenderinK
the ebulcc of tluir I're.il.lent, 122; e»clu»lonof mem-
bers of ConitrcM from olllcu recominendoil, \'ii; re-
marks of tho messaRii on this |>i>lnt, li'J ; tho policy re-
comiiunilud respoctlnif the navy, 1'.'2; instructions to
Virginia Senators in ISHi. 122; tlio army and navy ts
found by I'renident Jnck^on, I2:l; recommeii(lai;or.s
relative to ship buildlni;, 12:!; tho imitlllly of tho Itrink
of tho ITnlteil fitates asserted, l'.':l; remiirk* of llio mes-
SOKC, 1211; manner in which they wero perverted, I2;l ;
the finances, 124; otlier reconimendntlon.i, V.'t.

Brtiiking up of the ('</&*iier.— llesi^'iiutl. i of the
members, ISl ; courtesy of tho proeecdlMif, I-il ; ground
upon which the President pliioud the rKjulrud re»i);uii-
tlons, ISl ; tho new ralinef, ISl ; excitement In piirty
politic), ISl; attiiek on Mr. Crawford, ISl ; his answer,
ISl; exposure of errors of tho pamphlet of Calhoun,
ISl; tho words of Mr. Crawford, ls2; change In tlm
course of the Telegraph newspaper, ls2; tho stand
taken by tho Globe.— ,SV« Globe tietcnpajier.

Twenty-second Congress, 20S; tho !«pcaker, '.Ml!);
message, 210; boundary between Mulnu uml New
lirunswick referred to the King of Nethorliinds, '210;
his opinion on tho case, 210; our claims with Fiance,
210; a treaty mode, 210; differences with Spain, 210.
claims against Naples, 21 1 ; dur ilemonds on tho SI<1-
lles,211; relations with liussia, 211; cffuctof our treaty
with Austria, 211; China and tho Kast Indieo, 212;
Mexico, 212; Central America, 212; South Amerli^in
powers, 212; state of tho finances, 2l:i; insolvent
debtors to the Government, 218; election ot President
and Vice President by a dlrec». vote of tho people, 21!) ;
tho bank of the United State- 218.

Message after n second election, 2S3 ; wholly conQmsl
to business topics, 2S3 ; the finances, 288 ; extinguishment
of the national debt, 283; reduction of burthens on tho
people, 2S3 ; protection should bo limited to a few articles
of Indlspensablo necessity, 284; views on tho publlo
lands, 284 ; should cense to be a source of revenue soon
OS pri>otieablc, 284; tho federal tltlo should be extin-
guished in tho States, "S! ; donations or sales at barely
rciicbursinK prices Is Ih? wise policy of the govornmont,
284; after a fixed day the surrender of that unsold
should take place, 834; advantages of this course. 2S4 :
removal of tho Indians nearly consummated, 285; ob-
stacles to the removal of the Indian tribes, 286 ; the re-
movals seized upon by party spirit, 285; Congress ap-
pealed to and rei\ised to intervene, 285 ; tho Supreme
Court appealed to and rcfhsed the application, 285 ; the
case of the missionaries, 285; the case of Tassells, 285 ;
interference In the affairs of Georgia, 2S6 ; an intima-
tion given of the insoIvcBcy of the bank and the inse-
cnrlty of the public deposits, 286; this inti nation re-
ceived with scorn by the friends of the banli 296 ; con-
duct of the bank In relation to tne payment of five mil-
lions of the three per cent, stock, 3S6; thi. ...ttltndo ol
South Carolina, 286 ; opposition to the rev «nua iawsi
286.

Message to 28d Congres^ 871 ; the state of the flna.iees,
871; remarks relative to an economical administration,
871 ; reasons for the removal of the publie deposits,
871 ; amendments to the constitution recommended, 873;
remarks on conventions, 873.

ComUnation ngatnst General lAic^E^son.— Incident ia

INDEX TO VOL. f.

tlio ritro<>r of Mr. ri>\, liwlfr In tli« IIihim of (Vimiiiiina,
4iHi: iitiliiii kcnlriKt <l<'n. .luckiuin, 4(IU; tlidr iniircnipnU
IaI^k It |H<r«iiiinl Hiiil vlinlli'llvii cliarnrtpr, 4(l<); |H>wi>r of
tlii< liiiiik til liMiliirn illatrf.**, 4ii|; Hpi'dkcTK, 4<>l ; tint
biiniiii'M III till- cniiiMnHtliin iIIvIiIimI— lilitri'u anil |>niil<'
tin- iiliji'i't, 401; tlii> frliiiil.4 of Ocmral >lui'k<iin, 401;
l|ii'i'i'li iif Mr. Cliiy oil tlii> ri'innvitl of tliu iIi'IumIIii, 4iri.

■■In tlii> inlilst of II ri<voliitliin, liUlicrtn IiImikIIi'iik, 4li'2;
tbu Juilloiary liiu not bri'n i-.\i'iii|iti'i| from Ibo prcvull-
Inir Twe for Innovation, 402 ; a liiri;u proportion of tli.i
good ami cnlliflitrni'il uion of tbu Union Bra ylcMlnv to
lvntliiii>nt!i oril('ii|iiinili!ncy, 4lf2 ; at tliu cloiw of lant lU'n-
•Ion tb»! powi'r iif C'onijre«g over tbu pume vim li'ft nn-
toiicbcil,40;l; aflAr all tbo tcAtlinonlfi of tbo aafuty of
tbo public iiioni'y, wlio woubl biivo anpposvU tbat tbi<
place woubl biive biun changcil? 40H; by virtue of
wboso will, power, (lIutatloD, were tbe ilopoMts re-
inovi'iiy 404; tbo President bos do power over tbe
Public Treasury, 404; aonie of the triincndous consu-
quencc.4 wblch may an.«u« from tbis bigh-handed meas-
ure, 40v>; wbat security bavo the proplu aj^alnst tbo law-
leM comluvt of tbo President? 405; tbo Instnnce of
Osar, 40S; wbat Is It our duty to doV 406; remarks
In reply, 40fl.

"Tbo flrst of tbo resolutions n direct linprocbment of
tbo I'reiildent, 400 ; wo are trying an impeaubment, 4U<I ;
tbe Senate sboubl consider well before tboy proceed
furtbcr, 407; tbo rlgbt of tbe President to dismiss bis
secretaries, 407 ; two otbor Impeachments going on at
the same time, 407; tbe President on trial for abl^'b
crime, 407; for a misdemeanor, 40S; tbo Secretary of tbo
Treasury on trial, 408 ; the charge of being tbo In-itru-
inontof tbo President, 40!) ; people callod upon to rise
»nd drive tbe Oothe f^om tbo cnpitol, 409 ; tbu bank was
not tbo Treasury of the United States, 409; fourteenth
article of tbe bank charter, 409; the legal e.xistonco of
(ho Treasury brought out by tbe debates," 410.

Union of Clay and Calhoun against Jackson, 411 ;
speech of Calbonn, 4U ; gives Clay assurance of aid,
411; tbu robbery of tbe Treasury, 411 ; tbo revolution
not to go backwards, 413; entirely owing to tbo military
and nullifying attitude of South Carolina that the com-
promigo was pa.isod, 412; a political coalition to act
•gainst Gon. Jackson, 412 ; opposition to tbe "usurpa-
tions" of tbe President, 418; contempt and scorn at tlie
Secretary's reasons for removing tbo deposits, 418 ; tbe
removal of Secretary Buane an abuso of power, 418 ;
Calhoun's indcpendenca of the bank, 414; Clay disclaims
all connection with tbo bank, 414; the list of Congres-
flunal borrowers or retainers largo, 415.

Message to Congress in 1884, 477; relations with
France, 477; tbo indemnity stipulated in tbe treaty has
not been paid, 477; extracts, 477; question of waiting
on the action of France, or of action on our part, referred
to Congress, 478; United State* should insist on a prompt
execution, 478 ; consequences considered, 478 ; collision
with Franco to be regretted on account of her position
with regard to liberal Institutions, 478; condition of tbe
finances, 479; fl-eedom from public debt, 479 ; seizure of
tho dividends due tbe United States on stock, by the
bank, 479; other proceedings of the bank, 4S0; criminal-
ity of the bank in making the distress, 480; bank louet
commenced at this period, 4S0 ; selling the stock in tbe
bank, 4S0 ; law relative to public deposits, 480; increase
of t)ie gold currency, 481 ; reform In the Prosideotiol
election, 481.

Meeting of twenty-fourth Congrest, 668; choice of
Speaker, 669; message of the President, 669; "relations
with France, 569; origin of our claims against France,

6«M»; exti'nt of tbe Injiirlr* wo rpri'|r<:.|, ,V»; (g ,»^
iinlnti'mipli'd ni'k'ntlallnn fur twenty year*, nr, ..
•hurt lime »bi<n Franco wasnverwbilini'.i by ti,, ,
t«ry |K>wer of fnlteil Kuropi-, tUKI; iubjcrl l.r,,.,,,) .
In tbo liiewnge of lHi9, fi'O; exi'i'pllnMi Ink, „ (,, ,
liii».>iWi> by tbu Krenrb Uoverninint, fiTO; 11... ju,;,,.,,
tbe elitlms recognized and tb« amount MlpiiUt,.,! [„ ,
treaty of IWJI, 670; Hi raliflnitlon, 670; iliUy, ,f,
French Oovernmrnt In their octlim upin tin. ,1,1,1,^,
ll« fuiniimnt beretofiiro stated, 670; rxpi'rtntli.niir,,,^.
»d on tbu promises of tbo French Oiivernini'n; not r
Ued, 671 ; consultation with Congriss relatlv,, i,, ,„,
ures for reprisal, 671 ; rogardvil as an Invilt by t
French Government, 671 ; recall of tbilr MlnUtir v
•iispenslon of all dlplomatlo Intercoumo, 5;i; |„.
vindicated tbe dignity of France, tboy next ppicff.
t4i llluatrato hcrjustlce, 671 ; bill paaaed In tbi< Chauj
of Deputiea to make the appropriations nc'ot><iviry
carry Into effect the treaty, 671 ; a atlpulatlun tlmt n
monuy should nut be paid until it was asccrtalnnl t<
no steps had been authorized by ConRrcM of a ho»!
character towards France, 671 ; tbis point ascprtiio,
672; subsequently the bill amended to re(|iilro • viti
factory explanation of tbe President's nicssnirc," 1
tbe apology repulaod by the President as a titnin i>n
national character, 672; li^urioui effects of the lii»
tlie fortlflcatlun bin In tbe previous Con;rps», (72 ;
hnmane policy which governed the United Statii In i>.
removal of the Indians, 678 ; the revival of the got I c<:
rency and Its influence on tho Industry of tho cuuntr
678; Increase of apccio in tbe country, 67.1; tlw tran'
portatlon of the malls by railroad and tbo extortion
tbe eompanloa, 674 ; the transmission by mail l.ito 1
slave States of incendiary publications tending to ot.
servile insurrection, 674 ; reform in the niud>.> of elect::;
tho two flrst officers of the Republio, 675.

Foreign Diplotnacy:—^o»i alarm* felt from this fti
uf bis administration by the opponents of bU cl«otl<
601 ; no part more successful, beneficial, and honorall,
601.

The British West India trade recovered, 603.

The French Indemnity treaty, 602 ; efforts prevliMi«i
for redress, 602 ; the message, 602 ; Bives sent as Miai:
ter, 602; the treaty, 602; further proceedings, COS,

The Danish treaty of indemnity for spollationi
American commerce, 608; consisted of illegal cclzii
and confiscations of American vessels in DanUh [Kirti
during the time of the British orders In Council and ibi
French decrees, 603; negotiations of J. Q. Adams' 11)
ministration, 608; subsequent success of the negolii
tions, 60a

Neapolitan Indemnity treaty for Bpollations on Amtil
can commerce, 608 ; previous efforts to obtain Mtm
ty, 608 ; cause of delay, 604; embarrassments, 601; tii
cess, 604.

Spanish Indemnity treaty for causes of complalot iloi
1819, 604; Spanish blockades of ports of South Amcrli
colonies, 604; state of negotiations, 604; success, 609,

Busston commercial treaty, none before negntliKJ
606 ; many previous efforts, 605 ■ every thing else graii
but a commercial treaty, 605; final success of nep&
tions, 606.

Portuguese Indemnity for seizures during tbebloti
ofTorcelra,606; treaty made, 606 ; Inability of ronij
to pay, 606 ; time extended and payment made, M

Treaty with the Ottoman Empire made in ISSl.M
flrst treaty with that power, 606; still further trcttj
relation to our commerce needed, 607; stipuIattoiu,iil
auccess, 607.

INDEX TO VOL. I.

I* InlurlM wo roiTlTi.l, fMW; tn tflm ^ |
ciriitlntl.ni f'T twciitjr ynr\ ,.\,,y
Kr«nro wiuiiivcrmli'ltiii'il ly \\„ i,...
tilli'il Kuri>I»", f-'W ! »iilijfrt lirmigt.i -^l
i.f iH'tV, Mtt; pxi-i'lptlom t4li.ii ti>i|«l
Kronrli (lovorniiKiit, fi'O; tl,.')u»ilrc ,|l
rnlzi'il nml tlio ainmint KtlpiiUtiMl in v A
5Tu; Hi rtttiflciitliin, f>7«; iMayi (ft ,1
mcnt In tlu'lr actlrni npiTi llii> mit.J.rt ,(
irptiifcir« »t»t«<li f''"! "il'''''t'itl"n»fi.ii: !.
l(io» of Uio Fri'licli UDViTiiiiii'tit not r . .
jitntinn with ConffTiM r^lailvi. tu ui. ,..
ul, Ml; rogarilml M an linult Ly n.
imcnt, 671 ; recall of tliclr MitiUtcr v.
all <ll|iloiiiatlo InttTonuriic, 571 ; lir ■
dignity of Frnnre, they mxt |irwfi-.;..
r Juntlce, 671 ; bill paasod In th(> Chain'.
) make the appropriations n(T,'»«ry t>L
ct the treaty, 571 ; a »tipululli,n timt lul
not be paM until It was asccrtalnoil t! tl
)cen authorlieil by Concriss of a hc.o '
ards France, 671 ; tbia point Bswrlaln
ntly the bill amended to require t nii..|
nation of the rresldenfa nunxso," :/
ipulBod by the Presldont as a »t»ln on thol
ioteT,872; Injurious effects of the !..,(
in bill In the previous Congress, 672 ; !!n
y which governed the United States In \U
e Indians, 678 ; the revival of the gul I cnr-j
influence on the Industry of tli« cuuniryl
of apeclo In the country, t73; the tranJ
the malls by railroad and tho extortion A
3S,BT4; the transmission by mail btothj
of Incendiary publications tending to os<;
■ectlon, 674; reform in the niodo of deciitJ
officers of the Republic, 67S. 1

XpJoimicy.— Most alarm- felt fyom this fir^
ilstratlon by the opponents of l.ls electl. l
more successful, beneficial, and hononiuJ

h West India trade recovered, m.
•h Indemnity treaty, 602 ; efforts prevl.in.lj^
502 ; the message, 602 ; Klvcs sent u Minisj
I treaty, 602; further proceedings, 003.
sh treaty of Indemnity for spoliations cii
ommerce, 608; consisted of lllegiil Mimr.<
itlons of American vessels In Danish poro
:lme of the British orders In Council «nd th j
rees, 608; negotiations of J. Q. Adams' »a|
1, 608; subsequent success of tho negolii

in indemnity treaty for spoliations on Anml
ree 608; previous efforts to obtain Indemiil
aso'of delay, 604; embarrassments, 6M; su(|

ndemnlty treaty for causes of complaint iJ
Jpanlsh blockades of ports of South AmM
14- state of negotiations, 604; fucces^6(l^
commercial treaty, none before negotto
previous efforts, 605 • every thing else gnaU
nerclal treaty, 605; flnal success of ncgci

ese Indemnity for seUures during theWocl
u 606; treaty made. 606; Inability of Port.
• time extended and payment made, ft*
ith the Ottoman Empire made in lS31,i
with that power, 606; still further trostj^
our commerce needed, 607; Btlpulatloi»,«
■7.

lUoewal at the treaty with Mufoeou, tm
Treaty with »Um, «in.
Treaty with HulUn of MiiM-al, (hH.
LMt me«i<M{», 6M; ri>rii|i|tulatl<>n of thi- »iiii|ilrlnii«
lUM uf tbiiiipi at home ami alir<>a<l, ftt4; th>' 'li'|><i<|t lU't,
tM; thedUtritmtlon •eht-mv, AmS; fff«<-ts, iv<. ; Imiiuik'k
(,f tiiC Treasury circular, An6; attark u|K>n tht> ilrciilnr In
t'ungreis,68fl; Hemlnole hostilities In Kloridit, iWtl; tli,'
stock In tho Ilsnk of the I'oltcd (States, A<i7; the dilwy
uf appniprlatluna, 6SM; mall rontmcts with nillr<>si^
(8M ; supervision over the Imllao tribes, 6!>l) ; the uiudu
of I be Presidential election, 609.

Farewell address of I'resldent Jicksiin, 782; on dis-
union, 782 i his apprehonsloni, 78.1.

(.'onclusinn of his ailuilt|lstratlon, 78!) ; remarks and re-
flections, 788, 784; appenrsnce at the Inauguration of
Ysn Iluren, 786; his reception, 785; his retirement,
785; bis deoeasp, 786; his tirst appearance to tho writer,
786; first Interview, 786; Intercourse, 786; Mrs. iJaek-
ion, 787, 789 ; his character, 737, 788 ; elected Mijor-
Oeneral In Tennessee, 78>l; nephews, 789.
I hciton and CalAoun, rupturt 2«(if<(n.— Pamphlet of Mr.
Calhoun relative to, 107 ; lu title, 167 ; Its contents, 167 ;
the case as It was made out In the pamphlet an Intrigue
on the part of Van Buren to supplant a rival, 108; this
ease confronted by Jackson, 166 ; hbi previous opinion
of Calhoun, 168; the reply of Jackson never published
beretiirore, 168 ; how It came Into the possession of Ben-
tun, 168; letter of Kendall, 168; contents of Jackson's
exposition, 168; ]ustlflcatlon of himself under the law of
nations and the treaty with Spain for taking military
possession of Florida, 168; do. under the orders of Mon-
roe and Calhoun as Secretary of War, 168; a statement
of Mil Calhoun's conduct towards him In all that affair
of the Seminole War, lie., (69; "Introduction, 169; ex-
tracts from orders, 169; letter of Calhoun, 169; Jack-
wn's letter to Monroe, 169 ; manner of the reception of
the letter, 170; reply by John Eheo, 170 ; circumstances
under which Jackson entered Florida, 170 ; conduct of
the Spanish authorities, 171; the impressslons nnder
which Jackson acted, 171 ; his dispatch to the Secretary
of War, 172; acted within the letter and spirit of his or-
ders, and In accordance with the secret nndorstandlng of
the Government, In taking possession of St Marks and
Pensacolo, 178 ; letters to the Secretary of War, 172 ; no
replies of disapprobation, 172; statements of a Georgia
jonmal, 178; no reason to doubt Mr. Calhoun's approval,
178; ftarther evidence, 178; letter of Col. A. P. Hayne,
i78; his Impressions derived fh>m Mr. Calhoun, 174;
Informed that Calhoun was the instigator of the attacks
npon htm, 174; and that Crawford was unjustly blamed,
174; statement of Mr. Cobb, 174; Inquiries of Col. Ham-
ilton of Mr. Calhoun, 174 ; private letter of Gen. Jackson
to Mr. Calhoun, 174; Calhoun's reply, 175; recapitula-
tion, 176; how the suspicions of Gen. Jackson were
awakened against Mr. Calhoun, 175 ; statement of Mr. T.
Bin ;iild, 175; the statement of Mr. Crawford obtained,
175; Inqntry relative to Its correctness, of Calhoun, 175;
bis reply, 175 ; note, 175 ; united testimony of tho Cab-
inet, 176; toast of Calhoun by Gen. Jackson, 177 ; the
report on the resolutions of censuro in the House, 177 ;
Its bitterness dne to Mr, Calhoun, 177; proceedings of
Mr. Leacock, 177; Calhoun's secret communications to
bim, 178; report of Mr, Leacock, 178; a darker shade
■dded, 178; sueoess of Calhoun's management thus far,
179; the mask worn by Mr, Calhoun, 1X9 ; 'farther state-
ments," 180 ; calamitous events followed this rupture,
180; Crawford's words relative to the production of the
private letter of Jackson to Monroo in the Cabinet
meeting, 130.

Jitekton, iiUfmi4*il a—<u*intttUtn </— Tit* l'r>»liWnl »\.t
lalilnri attrnd tlio I'.meral «t M llliwii It l>*«U, >Vil;
rlri'uiiiitanr.-ii of tho atlrnii.t to dnHit 'li* I'rnldi 1 1
^'JI ; till' aMailunt kncirliiMl >l<iwn and wi'iirial, .Wl ; tl.t
lirUitii'r, .Vil; tk« pUlnl., .V^l ; iirlxinrr naiuiiii'd l.y
|iliy«l'l»ii» rt'latlv* to tlio iumiiiiIik'wi u( bis iiiIimI, ."'JJ,
ri'|»prl of |iliy»lrl«ii», .Vrt; a cli»..i«,.,| niliiit a<'l<i| U|«.ii
liy a iffni'rai oiitrry iwiiln>l apulilic iu»u. 5i.t; ii<>t Irn.l,
liut tri'uti'ii an ln<uiii<, tiH.

Jiukmin, I'rmtilmt, .Sriiillfriill i onitfrniulHoH ((f.—Way
and I'alhciun tho liadliu nplrlti In tbli iii«a(ur<>. 4^.1;
the rdstilullun powi'd, 4il; IrriUvumv of tli« ri'Miliilii.n
to any right or duly of the hinuti', 4i'l; Itn ilT.'et, 4^:1,
eciinpoauro of I'ri'Aldfiit tluckuin, 4'/t; niunui uf liii
Ml nd.i, 4'J4 ; nilM-lilcrof tho ll^trl's^ 4^1 ; tho I'mti'st »r
the Presldfnt, 4'.'.'i ; its rnntent*, 4'J5; (•»truitit, 4'i.'>; "it
wants both the furni andaulMtuneeof a iciti^liitivx iiiiiik.
ure,4'A"V; tho whole lihraiHM)liii;yJudk'UI,4iS; lt«cliiiii!«»,
4'J■^; In subilanco an iiniii'Oi'binent of tlio rri"<iili'iit,
4'J5; this linpeai-binent originated in tlio Henatu Kltlinut
the alii or eonenrrenoo of tlio llnuee, 4!i6; Senators fmni
three States voted contrary to the sense of their IcuMu-
tures, 426; word.t of tho Protest, 4'^7; an appeal ti Iim
private history fur the patrlotUni and integrity uf la
life," 4'^7; tho excitement which ensued up<in its rtuil-
iug in the Senate, 427,

Notice of the Expunging resolution given, 428; re-
marks, 428; "Instance of tho llouso of Commons, 42t( ;
the question brought before the Aineriean people, 42x;
motion to reject tho President's message, Is the ques-
tion, 429; tho charges oftho resolution, 4'.^ ; speeches lu
support oftho resolution, 48U; three eharaelers in whieli
the Senate can act, 48(1; one of the most dllUeult
and delicate tasks in tho convention was to select a
court for the trial of impeachments, 430 ; it Is an objuct
not more to be desired, than ditllcult to bo obtained,
481 ; further remarks, 481 ; tho Star Chamber I'ourt,
4!12; what occasion has thu Senate, sitting an a court of
impcoobment, for tho power of execution," 482 ; motion
carried, 432 ; reasons for tho Senate's refusal, 4i>t).

JEfFKHBON, Thomas, rejects the treaty of 1807, 1; Ills iih'it
of a commercial communivation with Asia, 14; bis inter-
view with the traveller Ledyard, 14; seeks discov-
ery of the Columbia river, 14; projects tho expedition
of Lewis and Clarke, 14 ; views on tho cession of Texas,
lU; letter to Dr, Breckenrlilge, 16; as a statesman, 'i^;
remarks on future French affairs, 81 ; remarks on tbu
road from Georgia to New Orleans, 48 ; deceose of, b7 ;
character, 67,^; bis connection with the doctrine of
nullification, 148.

Jksbup, Gen., second to Mr. Clay In the duel with Kundolph,
70 ; his statement, 70,

JoBNNT, the servant of Randolph, anxiety for his master ut
the duel between Randolph and Clay, 75,

JonNSON, CnABLES, on reference of tho Bank memorial to a
select committee, 235.

JoHNSOX, Hbnbt, Senator flrom Louisiana, 7; governor, T.

Johnson, Ricuabd M., Senator trom Kentucky, 7 ; votes for
the Missouri Compromise, 8 ; Judge of Supreme Court, 8.
On committee of bank Investigation, 241; reports on Im-
prisonment for debt, 292.

Joint Committt* of both Houses on the admission of Mis-
souri, 9.

Jokes, Francis, Eepresentatlvo from Tennessee, 7,

Kendall, Amos, letter to Calhoun, 168; Postmaster Gen

erai, 181,
Kino, Rufcs, Senator from New Toik, 7 ; appointed Mlnlstei

INDKX TO VOL. I.

I ; bU
liiuuiii^rii, r>i ; ilri'w, &7 ; ruurti-tjr l<vlw<'vn bliii ur.'l Vta
lliinii, ri7; III* •uin{i''tl<>ii< til nctiBlur llonlun, '>'« ; bit
■Uti'iiii'nlcirtbi'iH'iiiliiitiiiliirUiurrxiliiUouarjr |i«rluil,M.

KiN''. William It., hiiiulur friiin AIuImiiia, 7 ; vnU'i fur tbu
Mlnuiurl ('oiii|ir<iiiilM-, s; un tliii Kxpiiiiiiliiti ri'iulutloiii
of Aliihaiim, Ti'A '''^lU''^?.

KiKu, •liiiiK I'., nil •liiilliliin iH'tUluui, (18, ai7; un tb« Imlu-
|H'iiili'tK'ii of Tuiv, 6M.

Kbkmkii, *Uc)kiik, itviiwi'il autbur of »n aiiuiiyiuiiui publl-
calliiii lyulust tiny ; 71,

LxrkiKrtKhtu rM/.— An AlMcnoo ufflirtjr yean, 29; maiini'r
«f IiIh ren'|itii>n,i{y; aililri-M iirH|icak«r Clay, 8U; httlxy-
ftte tn tliu I'rpri'iice of punUTlly, 8u; a[i|iru|irlaUun uf
iiiuni'y uml Inn 1 to LufayotU*, Hu ; the Kraota o|ip«i(tHl
Hii; roiwiina, 8U; advucatu)!. Hi ; hU aaorlllcra, 81 ; vluwa
i>r.l('irpr:«iD, HI ; ruturu of Lofuyutta to France, 81.

Lan.han, .Iam»:«, t/it catf i/.—Ou the expiration of the Son-
iitiii'liil term uf Luniiniii, tbu LcKlsluturo uf Cunorctluiit
tn\\\ng tu vk'Ut, tbu tiovurnur a|>|iuint<iil bim, M; debutu
un tbu viillillty uf tbu apiHilutniunt, fitf; not • caau in
» lileli a Kovuriiur cun Oil u vacuncy, tbe vacancy furu-
Kuun, nut /uijipentil, 66 • j>rece<lenta ru|Hirtoil to tbo H»'ii-
atu,fitt; umuitisfnctory, M; inutiun to admit, rujvrtud, fill.

Lawrinck, IticiiAHP, atteni|its tu luuassinalo rrvalili'Uf.
.'iK'kaun, Mil,

Lkakk, Waltkii, voto.H for tbc Mluourl Cumprotiil^p, S.

Lkiiyaiu), Juiin, ntti'iniits tbo Ulnuuvury uf tbu Culiiuilibt
rWur, 14.

Lkti'Iiku, lloHKUT v., iiiovoi tbo coinpromlao tariff bill, 800.

Lkwih, (if Nutth Cnrolinn, on the admission of Arkausas, (tU'i.

LiviNciBToN, KuwAUD, Suoritary ofgtato, 181,

Lloyd, Kuwahd, Senator I'rorii Maryland, 7 ; governur, T ;
votes fur tbo MImuui'I ' 'oinprumlse, 8.

I.ouAN, William, vcti s 1,t tbe Missouri Compromise, 8,

LuwNUKs, William, Ueprcscntat've fVom South Carolina,
T; H'c'ii^btuf bill opinions, i; on the ooromlttvo to whom
wiu referred tbo application of MUsourl, 9; decease, 18;
bis character, 19.

Luwuie, Walter, votot for tbo Missouri, Compromise, 8.

Mapaulay, bis description of reuiovait from ofttee, 162.

Uacun, Nathaniel, Senator from North Carolina, 7; votes
for tbe Missouri Compromise, 8 ; opposes tbo grants to
Lnfayotto, 30; h!« voto for Vice-President in 1824, ^•"':
answer relative to the autborsbip of tbu report on '.'i
I'anaina mission, 68.

Ketlroment of, 1U; Ills temperament, 114; flxcl t'.ie
tiniu for bis retirement long before, 114; bis reslg ' I. n
114; his death, 114; bis character, 114; sketch ": k ;
life, 115 ; enters tbe army, 115; refuses to leave the camp
for the legtslatlve assembly of his native State, 115;'tbo
battle of 0>aiford, US; Macon's civil life, 116; his po-
litical ^trinclplos, 116; disregard of wealth, 117; bis
frii-idsbips, 117; his executor, 117; co<1lcll to his will,
ir> ; hk charity, 118; his dress, 118; his dislntcrestoil-
sesR, ir- .' his simplicity, 113; letter on the Military
Academy, 182 ; his diiractcr, 534.

Uadison, Tames, yields in favor of the second bank, 8; on
tbo re;, ilailon of commerce, l.W; bi.t veto of an Internitl
improvciucut bill, 167; Ills letter on slavery agitation.
609; remarks, 623; decease of— timo of his death, 678;
remarks of Ur. AVlthorspoon, 678; his Ulent, 677; his
writings, 679; cbaracteristlos, 679.

p«blbb*s • quarta voluMs uf U»lu,|

<•<

MrOtiai, J. ('
Icttans 1 1».

Manui'm, Willi* I'., on the branrb Mint*, Vii)

Maacv, Wil. am U, tot Vau llurt'D m ^,ii i.i I

Ulhi, VID,

Mahiiali., >loiiK, I'blt'f -InntlrM, 7; a<lnilnUl»ra ilia mil, .,
oiHce to •lurks III, II' ; deeer.M of Chief Juilhi', i,,,
bla rbarai" r, U !; his kjiei'i h In Ihu ca<iu bt.luMi„u
Uobbina, tin).

M(l)i'rrii% Uioaoii, diovm amvndniunt In iIm eoniiiii;.
tluo, 87; vkprvsMs thu views uf ths Pmith on ili, ,..
vised tariff, IW); un revUlon uf the tariff, luij; ^a ii,,
t'uuuiiltte* uf Itank Inveatlgathm, 211,

.MulNTuaH, William, Cblvfuf Creek luilluos, M; iitgoiUt>«
a treaty, M.

McLank, Lovia, Kepresentatlvo from Itelawai>'. 7; ^t
Minister tu Kugland, .127 ; Suervlary of i i« TiuMir/
UL

MoLkam, Juiin, ruttinastor Uener I 1; i o., nat.
eral, &H; appointed Jutllcu oi IL .Mpre'no Cuiirt, i

MvKiNNiY, TuoMAs L., supuiluleoi'ii V vl ''<< ]ivii>n r^,
tury system, 21.

Mki(.s, It. J., coadjator vl.ii i :iiy on the ill. lourl i|u„.
tlon, lU.

ilnnorial ut \\\>- Ilank Din r:urs to CumcresH n Ittlve to i> ,
removal oi iuh publlo deposits, )i',i; if ihe rijui.i
Uuvurniiient Uiructurs of the Hunk to Congreu, Unu.

Mrrokr, v.ii.\hlh 1- inton, Krpreseiitativn from Vlrxiiiin,:

Mtinayt on tbe South Carolina proceedUiKs, 8o>); rrliii.'
to llio distribution uf the protteeds of tbe sale of |iu.,li.
lands, UtiO; to twunty-tbird Cuiigresa, 809; on ilie ...
numluatlou of tbe Hank Itlrectura, >lsi).

McTCALrK, TliuMAt, Itcpreaeutallve frum Kentucky, ' ; | t-
ernor, T.

mMgan, admission of, 8e4 Arkantat.

MUUary Acadtmy.—H umerous desertluns in tbe army, h.';
ditHculty to And a remedy for tbe evil, 182 ; letter rmi
Mr. Macon, 182; not a government in the world lo to-
friendly to tbe rights of tbe peo;.lu as ours since the »■
tallshmcnt of the West Point Institution, 182; otUccn
rise ttom the ranks In all countries of Europe, lil; rr.
turns to Parliament, 188; how Is It In our servlcst '.%;;
dinieulty of obtaining a commhuion for a cltliion la i!,t
regular regiments, 188; case of Uermann Thorn, K;
admitted to service In Austria, 188; ease of Kit Cu^jd.
188 ; rejected because he did not come through the Wni
Puint gate, 188; tblsrulo of appointment bocomo t:.<
law of the land, 188 ; popular opposition to tbo lusili.'
tlon, 184 ; It is sold Washington was the fouudor uf lU
Institution, 184; the Institution of his day a ymU
ferent affair, 184; explained, 184; all was right un;ii
1812, 184; extract fk'um the act of 1812, 184 ; the di'cv;,.
ti >n )t tbe clause, 184; otiier de^JeI tioni which follov
"'Is establls'-.' '■■'• M mainly u school forthegn^
:>i ' .J education . .iioie who have lufluence to gtij
there, 184; gratultuus instruction to the children or t.
living is a vicious principle, 185; vital ottJeotloiutatUj
Institution, 186; a monopoly of tba appointments lo
effected, 186; the President and the academy sra ihi
real appointing power, and the Senate an offlos fur l:
registration of appointments, 186; act of 1812 rotis :
constitutionality on flctioni, 186; the title of the aetil<
titlous, 186; Its title, 186; our academy an Imltatloa <
European miUUry schools, 186; tha remedy forthei.|
evils Is to repeal the act of 1812, 18&

Attempted Inquiry <n(o.— Organtiod under tb«
of 1812 688; movemenU against early commenced, Sfc
committee appointed, 888; report 688; no atttiiU(
given to It, 683; other motions, 688; debaU, (M:
monopoly for tbo gratuitous education ot the soni oT"

IXI»KX TO Vor. I

«**

iin tbo bninrb MloU, M"

, fur Van Uurvn m it.bi ut k.ii<

U'f -liintl"'. T ; ulnilnUUri tba ntil,.,,
I, II' ; iWe*r.i» lit t'blvf JiitUii', i;<;
• ; III* kJMiv'b In Iha MtoufJuuiUt

iiiiiN«i sim'tKliiuint to tl>ii ciitiititi.
u* lliu vli-wi uf til* Kiiiitb iiii tliii t"

un rvvUbiD (>r tbu tsrttr, W) ; ua ili
tiik lnvu*tlg>tlon, Ull.
, CbUr uf Crevk luUluD*, t» ; tttfpxWt «

'prrwlitntlvo fniiii IK'l«w»t.', Tj » m
l»ncl,.WT; Buerut»ry or r ,. ii*.,,

•tinuter Ocnor I I; 1 ih. nru,
uil Jiiitlcuoi' tl"' ^luprcuio Court, l.
1 L., lUiMiiluUiDi'ii , lit .■ Iiv'i'- v.

uior vl li I 'ly on lUe WLiourl qun.

,nk Din itoro to ConiprtM wUtlve to tl <
|)UbUo <l<'|«wlta, u:i); <t ilie rcjin.i

riictor* of tbe Bmik to CniiurcM, m.
KNTOM, KcprtMiiitiitlvfl from VlfKlnln.:

utb C'orolln* prociiodlnuit, 8<il); roll tin

uu of the prooi'ctU of tbe ulu of pu^hc

iweiity-tbirU Coii(|ri'M, IWtf; on llie -<■

bi> lU'ilt Klrectom, "!»«.

, KeiirfiseutttUvt; from Koiilucky, ', ; j t-

n of. 8e* Arkarua*.
,— NumorousUeBortlons In tbe army, l>j;
1 ■ remedy for tbe evil, IH'i ; lott«r from I
; not • government in tbo world k ud-
rlghu of the peo|.lo m cure ulnco the »•
bo West Point lustltutlon, 182; olllcttij
kniu In ftU countrle* of Europe, l*i; ti- f
ment, 188; how to It In our iervket ;<.■.
talning a commliwlon for a citizen In tU
nts, 188; CM8 of Uermann Thorn, \<\
■vlc«lnAu»tTla,188; euo of Kit t»r*.ii,l
ocaute he did not come through tbo Wrsi I
)■ tfclsrilo of tppolntmant bocomotUi
1, 188 ; popular opposition to the Instlu-I
iold AVaeblngton WM the fouuiloroftui
4; the Institution of hl« day a very If- 1
181; explained, 184; all was right unilll
raot ttom the act of 1812, 184; the dee.;.-
ius«,184; other d*^»lt;ona which follow!
blls'' •'■'■* '* malr.ly u school for the jn-l
tlon . -lioae who have Influence to (Ht
rtuitous Instruction to the children ot ttj^
ous principle, 185 J vital obJooUons to tl.
5; a monopoly of the appointmentu kc.J
tho President and the academy sre ih*
ig power, and the Senate an ofBoe for ml
{ appointments, 18«; act of 1812 rosmJ
Ity on fictions, 18«; the title of the ncti^J
ts titlrt, 180; our academy an ImltiitloD 4
lltary schools, 186; the romody fortliei.|
tool the act ofl812,18«.
In^iry <ii«fl.-Organliod nnder the i
movemcnU against early oomm«nced,»l
ppoluted, 688; report 688 ; no sttcauoH
683; other motions, 688 ; debate,
tho gratuitous education of the soni ofU

i«eh aM litaeaftel, Mf . "me rale skwiM aprly la the

srmyas spiillca l|irlallon r««>rtr I !■<, Ml : rrn\u\»'( trraaklln I'i.r • ,
llll; "KniiiniUnf ..|i|..,. i,,,,. '-4I : wh; has l»<l« '• • u-

(tiioo bt'cn rioUti.ir 041 ; ri.xn ba mMilila« wtf^ri
<.mn'« the mmt iili, 1. iitsupport In IpylNff frto*^ MJ;
ftfliialvvncja of Ibn Inst.' itlon, tli ; tlw Ury aratl-

ftiiy not calpulal«<l In in 4 lli« army iiiv.iie. Hi-
Iha liiilltullun In th« llinrs uf Wanlilngton, .li>-., ami ihe
liiilltutlon a* It Is niiw, MM; ttnuM'-nf, f><|iii'ai|.in In
Ur«at Britain examlaail, 6(4; further re 1.. ark*." 6l.\

A rlaiise In the s|i|iropriallnn bill flir tbe purrhajui of
forty horses, Ac, erection of a biill.llnjr, a rl'lliiu hmim.
In bstl weather, Tli; stru<k out, IVi; o|ipoa|tlou to lla
rittoratlon. TU. T18; further debato, 714.
I Wnwari, admUnion o/— Kxcltlnu ijui-fillon of si'Mbm of
t->nKre»sof ISiO-'il, 8; the atato ailiiilttoM without r.-
itrtRtlon, 8; the compromliip, 8; work of the South, S;
iiDsnlmlty of the Trvtldcnt's cablnot, 8; unanimity of
the Senate on tbe comproinlao, 8; Its cimatltutlonallty
failed In question, 8; Sonalors voting for It, 8; vote In
the House, 8 ; tbe incresae of sbive Statns avowt'd to bo
a question of political power between tho two sections
of i^e Union, 8; provision in tbe Missouri Constitution
forbldolng Lrgialatlvo Interference, 8 ; clause autborlting
the prohibition of the emigration of ft'oe people of color,
»; iUtreatment by Congress, 9 ; tho real point of objec-
tion, » ; application for admission presented and referred,
l»; report of committee, 9; resolution rejected, 9 ; Itsfiitu
In tho Senate, 9; House reject tho resolution of tbe Sen-
ate. 9; Joint committee ordered and appointed In both
Houses, 9; report, 9; adopted in the House, 9; In the
Sciate, 10; compllanco of the General Aswrnbly of
Missouri, 10; defeat of tho attempt to restrict a State
from having slaves If she chose, 10 ; the rcol strinrglf,
object of, 10; the objectionable clause, how since re-
garded, 10; excitement of thn occasion, 10 ; a federal
movement, 10; sentiments of the northern democracy,
10; a movement for the balance of power, 10.
jWrnn/i r«8<rftt«(>»«.— Not now discussed, 8(10; the old
confederation wos a league with a legislature actlns on
sovereignties, 861 ; the Federalist on tbo defects of the
old system, 861 ; on the cerUln destruction of the Tnlon
when the sword ts once drawn between tho members,
m ; advantage of working If tba laws operate on
citizens and not on States, 861,
|jfi.Wttr< Question, eatention o/-ObJect to extend the
boundary on tho Missouri river, 626; difflcultlos, 628;
thn'cfold, 626; a bill for tbo alteration of the compromise
line and tho extension of the boundary reported, 02" ;
iMssed both Houses, 627; this was the answer which
aorthorn members gave to the imputed design of abol-
i-lilng slavery, «2T.
|UiTcni5n, GaoEUE E., on reference of tho bnnic memorial,

to a select committee, 234.
|K«NnoB, .Tamm, negotiates tho treaty of 1807, 1 ; efforts for
the declaration of war In 1812, 6; President, 7; letter
showing the unonlmlty of his cabinet on tho Missouri
qnnMon, 8 ; his letters to Jackson on the cession of Tex-
as. 15; ditto to Jefferson, 16; cause of these letters, 17;
veto 08 iMWBal Improvement bill, 22; veto of Cumber-
Isnit road bill, 167 ; decease of, his place in history, 879 ;
uu character, 679 ; pen Ins, 679; discretion, 679; founda-
tior of his polltleal career, 690; remarls of Jefferson,
«W); his career, 6S0.
hoNBoa doctrine. «7.
llooBi, Oabkibu anecdote respiting the rejection of Van

B«r»B aa MInlMfr M »:n«laB<l. »IB; a«alaal Van •-.r.s
»• Mlhl.i,.r In »:n<la».|. 219.
Mokki^ I n»««a, n|) at".lli|..n petltkna, tU

I I

X*v Miifi-n. Mn-nnl trmh wit/, ~.\n

olf UBW; 1,il. tl . l,,l,rr..Hrw Ut««^ »wmiri and n ,
•• W..K.fn Inl. laal |'r.,n#«...." 41 . «knHieb of Int. rmr
<-..nii(..r<-^', 41 ; a l,ui |,r»u(f^jt tMattk* HeliaU to i.|.n »
r..a<l *'>4 I., ,m.».l proUTlLr- iwsihal llw •a^a<(»a, t ;
aUlemvM of IVU reUllvel., j... Ira.lf, 41; |iraiv^l«
for Iha conalMKUoii <,f t roml, 4.. ; remafkaof Mr Jatt.

' "> t'l'. roiKl from »;«.rKla in N.w Urieaiw, M; 1.

fonliin jHirt ..f the r»4 th.. |>.>int .,f dlrth-illy, 4.
lo.n.d to KlrlkB ■ jt th* -xtra territorial (lau-t <4 ll.»
imlli.nal hlirh»i.; 48; vh'wt of Wenalora, 4.H <4;
p;i>«.'d, 44; ri.11,1 lo New Mexico built uieler.X..
mlnUtrnthiri u
Nii.r«, .loiiN M „i cjio In.l.pendenee of TexM, *K
Xoiii.r, iIamu, \> ■(,.» for t|,« MjMoiirl l.'ompr>"mfc)e. •<,
.YulH/ralhin Kvent -1 \u origin, ».'> ; the ai4imin.a right '
aMliite tounnulan a-tofconjjreiw, llli, 11, wtinn Inf
del.iit.', IDS; nJlii,.lr.ru to tho eonduet of .V , Knirlan ,
In |Nl2, IHt; iM«,.ilin.-< In Smali Carolina m (ho Tarul,
IDS; re«.lv»- pasaeil. UJit; their defence, Mi; th» doc-
trine sunuiu-l up, u^- .•onnter explanation, I'ill, tbe
Virginia re*.liitl.,ii, law; how the Mouth faMliim doe-
trine would ,vo operated In New EnKliind, l;W; the
doctrino has , foundation In the .onKtltutlon or In \ ir.
ginia reiiolui, .,,, r,.; "the chanieter of the gwv.rn-
ment, 1H9; eii reniiiey of the ooniitltution and Uwii,
140;" Intt-rprotii .ri of the Virginia resolutions dlapiiled,
140; remarks, I 1; Hartford Convention, Uo; pli-dt-o
of forcible resist :,•» to ony attempt to enforce une..ti.
atltutlonal lows, HO; remarks, 141; Webster 1 perota.
tlon, 141; remarks f Henton, 142; his Blown, ,» to he-
lleve In any desl«n < subvert the Union, 142.

Anniversary of .1 tterson's birth-day, 148 ; u ibscilp-
tlon dinner, 148; the ifiiests, 14.S; tho regul^ toast.*,
148; conversation v ir.'.l by them, 148; toa.H of the
President. 148; toast 1 Calhoun, 148; remarks relative
to .Mr. Jefferson, 148. ids vlndlcotlon, 148; resolves ol
Virginia, 149.

Ordinanvt in Soufh Cdniniia.—Tha fate of the
i^iueriean system was «.;ded by the elections of 1^82,
297; the course of yon u Carolina, 207; words of the
ordinance, 297, 29S ; It |,i,i«-od tho State In the attitude
of open and forcible resl.-ianco to tbe laws of tbe United
States to toko . tfect In -ho February following, 298;
offlclally communicated to the President, 293; his oath
ofofflee, 298.

Proclamation again»l nu«{/ffn«on.— Proceedings
of the South Carolina conv.ntlon stated, 299; the ordi-
nance founded not on the iiHlofesslblo right of resisting
acts which are plainly nnconstltutlonal and too oppres-
sive to be endured, 299 ; but on the position that 1 State
may declare the acts of Conirross void and prohibit tli.'ir
execution, 800; two appeals ttmn an unconstitutional
act, 800; words of tho social compact, 800; If this doc-
trine had been established nt an early day the Union
would have been dissolved In its Infancy, 800; our con-
stitutional history shows it wo'uld bavo been repuillated
if proposed for a feature of our Government, 300; tho
constitution declares, Ac, 801 ; a low repealed by a
small majority of tho voters of a singlo State, 801 ; the
constitution forms a government, not a league, 801 ; ad-
dress to the members of tho convention. 802.
J/eixaffe on Uie SoiM Carolina pi'octeiliiigii.—'S^

ITIII

INDEX TO VOL. I.

tira in tlie annual mpMaK'< 8'>8' tontlnnttion and an-
fcravation nf tbt- iirocri'dinK'. S*)B ; (pcrtal meuacr, 81)8 ;
'•orillnnnco transinlttcd by tlio Governor of South Caro-
lina, HO)); hope Indiilicod that l>y explninInK tlio reconi-
■iicndatlons proponed to t'onirroM, tlie aiilhnrltlos of
South Carolina might recede, 8()8 ; hence iiroclamallon
Issued, 808; the reasonable ex[)ectatlons not realized.
8118; neither the recommendations of the Executive nor
the disposition manifeatcd by Conin'Pss, nor the une-
quivocal expreasion of pnblio opinion, have prmlucod
any relaxation in the measures of opposition, 803; the
flute authorities actively orpanlzlni; their military re-
sources, 804 ; proclamation of the Governor has openly
defied the authority of the Executive of the Union,
804; determination of the authorities of South Caro-
lina, 804 ; seta on the part of South Carolina, 804, 805 ; no
sutlicient cause for such procecdlnf;s on the part of
South Carolina, 800; she still claims to be a component
part of the Union, 806 ; the duty of the Execntive, 807 ;
recommendations of the President, 807 ; Importance of
the crisis," 807.

Deep feeling of discontent in South Carolina ope-
rated upon by politicians, 803; this feeling Just and
reasonable, and operated upon by politicians for per-
sonal and ambitious objects, 809; twofold aspect of his
proclamation and message, 808 ; one of relief and jus-
tice In reducing the revenue ; and the other, flrm and
mild in enforcing the laws against offenders, SOS ; two
classes of discontented — the honest and the politicians,
808 ; bills proposed in Congress, 803.

Revenue Collection, or Forct Bill.—^\\\ to secure the
execution of certain laws in South Carolina, S-SO ; re-
marks, 880; "contains no novel principle, 880; pro-
Tislon for removal of the Custom House, 880; legtslatlun
necessary, 880; secession on one hand, and nulllflcatlun
on the other, 88t ; state of uffairs in South Carolina, 881 ;
the bill confers on the President the power ot closing
old ports of entry and opening new ones, 881 ; a promi-
nent cause which led to the revolution, 881 ; empower-
ed to employ the land and naval forces to put down all
abettors. 832; no ambiguity about this measure, S-t'i;
the President Is charged by the constitution with the
execution of the laws, 882; the President's measure,
b'82 ; the resemblance between this bill and the Boston
Fort bill, 883 ; the war is waged against the measures of
the administration," 833 ; the support of Mr. 'Webster,
8-S3.

NiMiJication resolutlont. — Kcsolutions on the pow-
ers of the government introduced Into the Senate, 834;
counter-resolutions offered, 884; source whence Mr,
Calhoun obtained the seminal Idea of nullification as a
remedy in s government, 88S; Virginia resolution of,
98, 99 ; the essential idea derived (i'om the Boman tribu-
nltlan veto, 835; considered a cure for all the disorders
of a Roman State, 886; remarks, 835; "the Boman
system, 836; operation of the Roman veto, 885; the
right of a State to interfere, 886; governments of seve-
ral States might be cited as an argument against this
view, 836; the tendency to conflict In this action," 836;
Calhoun's opinion of the defects of our form of govern-
ment, and the remedy for these defects, 887; the defect
of an uncheckedauthorlty of the mn)orlty, 887 ; the rem-
edy an authority in the minority to check that majority
and to secede, aS7 ; example of Jewish history, 837 ; its
squint ♦ ' the Virginia resolutions, 337 ; circumstances
ander which this remedy contended for, 887; object to
create or find this remedy In our system, 887; nullifica-
tion, resistance, secession, found by Calhoun In the
Virginia resolutions, 83T ; all that wag intended by the

Virginia resolutions, belnir merely an ap|*al to piblit
opinion, 8!J7 ; debate, 8.1; • what vu the c< tiiW.r, „
Virginia In the meniorabk; era of Us anil 99, H-'i^- [,„
real Intentions and \>oUcy were proveil not by dicUn.
tlons and speeches merely, tut by facln, f«H; t|„. ,.,f..
stitutlun does not providi for events which niiiit \^
preceded by its own distraction, 88S; secewlon an.) n\,i.
lillcatinn revolutionary, 83'^; its tendency Is to broak cd I
the constitution as to all the other JIates, &','J ; U etriku
a deadly blow at the vital principle of the whole I'ninr^
889; it arrests the power of the law, absolves thr^citi- j
zen from dnty, and elevates another authority tutu-
prenie command, 339; the laws must be rr|it.a|(,| j
throughout the whole Union, or executed in Caruiia;, u
well as elsewhere, 839.

" Nature of our federal government, 3.39; a union Ir I
contradistinction to a league, 839 ; It is not a r impact or
confederacy between the people of the several Stales la
their sovereign capacities, 3:i9 ; no State authority hu
power to dissolve these relations, 840; the constitution,
acts of Congress, Ac, the supreme law, 840 ; an attenij 1 1
of a State at nullification a direct usurpation of th'.' jii>t
powers of the federal government," 840 ; some other I
cause than the alleged one at the bottom of this desire I
of secession, 840 ; ambitious and personal proceeilinL:) I
intimated as involved in the proceedings of South Cam. |
Una, 340 ; expression of Calhoun, 840 ; a contest between
power and liberty, 841; the freedom and the tlave
property of the South Involved. 841 ; exclusion of pa.
trlotio men of the South from the Presidency, ii\ ; or.- 1
tradlcted by all history of our national elections, Stl ;
protective tariff not the solo or main cause of the Suctb |
Carolina discontent, 84^; remarks on this point, S4I:
"another subject connected with this which will prevent I
the return of peace and quiet, 341 ; the force bill a prr.c. |
tical assertion of one theory of the government against j
another, 841 ; the bill cannot be acquiesced in, unit"
the South Is dead to the sense of liberty," 841; tk.«J
lio.sltions not sustained by Southern sentiment, 342-
See Tariff, Keduction of duties.

Ordinance o/1787,— Authorship clolmed for Nathan Diiif,|
1.33 ; claimed for Jefferson, 188 ; history of the cage, l*!;l
Its ultimate passage the work of the South, 133; extractsl
from the Journal of Congress, 184 ; remarks on t!i«|
claim for Dane of authorship, 184; "origin of the meas-f
urc, 184; an attempt to transfer the honor to theSonib,!
186 ; proposed a second time," 136 ; statements compar.]
cd with facts, 186, 1.36.

Oregon. Territory. — Proposition for the settlement of. fi^'J
made r.t the session of 1820-21, 18 ; causes that loii tfi iiT
13 ; committee moved, 18 ; carried, 18 ; the coinniiti't|
13; report, 18; proceedings In the House, 13; cor,!,
quences of neglect by the Government, 18 ; advintajej
from Its settlement, 13; historical facts, 14.

Joint occupation of. — Astoria captured during tbJ
war of 1812, 109; not restored under the treaty of GhetiJ
109; convention for Joint occupation concluded at L«|
don,109; words of the convention, 109; article written b.4
Benton on the subject, 109; our traders driven outoftl*
country, 110; other effects of the Joint occupation, lIDl
resolutions against the ratification of the subseqr.Fiil
treaty relative to continuance of the joint occupttiou
111.

Otis, IIarxison Gbat, Senator bum Massichnset:*, T,

ISDKX TO VOL. I.

lis

It, beln.' merely »n »I>|*»' 'o I'iI'mJ
lie, B3; "wh*! WM tlie t< niUir; i,
H'niorabli.' era of 9S an<l 09, Hii; l,»t

jiolicy were proved not bjr (licl»r».

uierily, lut by tnct», SHS; ll„- ,„r..

jirovUlfi for events wliiih niii.i u 1
m distraction, 88$; secewlon aii.l ml.
nary, 889; lt« tendency Is to bri'ali up
I to all tlie other ■3tate^ &!» ; It slriku
he vital prinelple of the whole ^;llll,^^
s power of the law, absolves the clti.
and elevates another authority to m.

839 ; the laws must be rf [icalM ]
hole Union, or executed in Caroiiai. u
,889. I

r fidoral government, 3.39 ; a union ir.
to a league, 839 ; It is not a r ,ni|iact nr I
een the people of tho several States In
apaclties, 8:i9 ; no State authority tu
) these relations, 840; the con»tltuti"n,
4c., the supreme law, 340 ; an nttemi.t
iflcatlon a direct usurpation of lh>! ju>i !
ederal government," 840 ; eoiiio (ptljc: I
illceed one at the bottom of this desire I
; ambitious and personal proceediiiia I
olved in the proceedings of South Ctro- 1
iston of Calhoun, 810 ; a contest between
■rty, 841; the freedom and tho slave |
South Involved, 841 ; exclusion of pi.
he South from the Presidency, M ; or..
, history of our national elections. 841 ; I
f not the solo or main cause of the Scratli I
itent, U\; remarks on this point, 841 ;1
ct connected with this which will prevent I
pace and quiet, 341 ; tho force bill a prto- \
of one theory of the government against I
he bill cannot be acquiesced In, unli<?j
;ad to the sense of liberty," 811 ; ti.nj
mstalned by Southern sentiment, 342- ^
iuction o/dutiea.

.—Authorship claimed for Nathan Date,
jr Jefferson, 138 ; history of the case, ISt;

aesn-'e the work of the South, 183; exttKti
irn^l of Congress, 184 ; remarks on tk«

^ of authorship, 184; "origin of the me«.
ttcmpt to transfer the honor to thcSontb,
a second time," 185; statements conipar.

185, 1.36.

-Froposltlon for tho settlement of, fir*,
ossion of 1820-21, 18 ; causes that led to it
e moved, 13 ; carried, 18 ; tho commili«,
I- proceedings in the House, 13; con*
gleet by the Government, 18 ; advtntiBi
ment, 18; historical facto, 14.
naUon o/.-Astoria captured durin? tfc
)9 • not restored under the treaty of Gliett
Ion for Joint occupation concluded at Ion
ds of the convention, 109 ; article written bt
subject, 109; our traders driven outotlki
. other effects of the Joint occupation, IWl

gainst tho ratification of the subseqnen
to continuance of the joint occnp.ti'«i

Seat, Senator from Mawachnset A 7.

fit*"!, Wil.iAM -V . votes fnr the Mtiwnuri Cciini.r(mil«e, <.
/•jn./wd ,Viiul<in.—\ master »ui>jii-t In Its day, (.^; cave
ri-e to gravii qucfitions, (W; iK'.«lgn>(l (w a popular iinivi-
mint to turn the tlilu running against Ad.iiii.s M; the
t'iinifTe!« at rununui, C5; dtbalo In tho Siuiite on the
nomlnatiiin of iiiinl>tiT«, C5 ; Invited by tho South
American Stiites to send deputies, fii ; motion to debate
the question with o|]en doors, 05 ; reference to tho I'resi-
dent, 05; his answer, 05; Indignation of the Senate, Wi;
iMiniination? confiniKil, CO; patri>na>;e distributed to ad*
veeates of tho me.isiiro, CO; tho ba-nia of tho ngreoinent
f.T tho Congress, the existing state of war between all
the new States and the mother country, 6fl ; Its object, 6(1 ;
robtlons of tho United Stiitos, CO; message of the I'resi-
ilt-nt relative to objects of tho Congress, 07; the Monroe
doctrine, 67 ; extract from Adams' message respecting
l;, 07; entirely conllned to our own borders, 67; other
objects— advancement of religious liberty, 07; proofs of
our good will, 67 ; rofcrenco of the message, 07 ; adverse
report, 07 ; e.tpresslvo of the democratic doctrines of the
day, 67; its general principle that of good-will and friend-
ship, but no entangling alliances, 63 ; remarks of commit-
tee on religious freedom, OS; tlielr views on the Monroe
doctrine, 63 ; our present unconnected and friendly posi-
tion regarded as most beneflcial to tho republics, 69 ; tho
advantages of friendly relations without entangling alli-
ances, 69 ; right of tho Tresldent to Instltiito the ndsslon,
69; rel.ttlons with llaytl, on what principle established,
69 ; excitement produced by tho proposed mission, 09.
Paper road to the ciibinct by General Jackson relative to

tho removal of tho public deposits, 876.
Palronage, Executive, reduction o/C— Committee appointed
to report on tho expediency of reducing, 80; the com-
mittee, SO; report, SO; the six bills reported, 80; extract
ftom tho report, 80 ; " grounds of the committee's
opinion, 80; multiply the guards against the abuse of
power, 81 ; tho extent of patronage," 81 ; subsequent
Increase of patronage, 81 ; remarks on the bills reported,
81, 82.
Pabkott, Jons F., votes for tho Missouri Compromise, 8.
I Piiscc, Franklin, on abolition petitions, 015.
PixcKNET, CiiARi-ES, Representative from South Carolina, 7.
I PisKNET, William, Senator from Maryland, 7 ; negotiates
the treaty of 1807, 1 ; votes for the Missouri Compromise,
8 ; decease, 19 ; rank as an orator, 19 ; speeches, 19 ; on the
Missouri controversy, 19; abilities, 20; manner In which
Eandolph announces his death, 20 ; character, 20.
I Pleasants, James, Senator from Virginia, 7; governor 7;

votes for the Missouri Compromise, 8.
[PoixDEXTEB, George, against Van Buren as Minister to

England, 215; on tho protest of General Jackson, 427.
I Pole, James K., on the non-payment of tho three per cents.,
2?9; on continuing the deposits In the bank, 289; chosen
Speaker of the House, 669.
Omidenlial election of 1824.— The cnndhlates, 44 ; how-
brought forward, 44 ; number of electoral votes, 44 ;
vote for each, 44 ; candidates for the Vice rregldency,
45 ; vote, 4.5.

In the House. — Tho theory and practical workli.g of
the constitution in tho election of President and Vice-
President, 46 ; first election in the House that of Jeffer-
son and Burr, 46; ballotlngs, 47 ; effect on the constitu-
tion, 47; second election In tho House that of 1824, 47;
proceedings, 47 ; tho democratic principle finally victo-
rious, 47; conduct of certain Individuals, 43; Clay ex-
presses to Benton his Intention to vote for Adams be-
fore the election, 43; letter of Clay to Benton, 43; evi-

dences of CUy's derlarmtlon, 4.S; thia election put an end

to caucus n<'ininatl<>ns by iiuiiiber^ of Congress, 49, ■
dilTerent iiicHle of c>'iie,iiirulini: puMie opiiiii.u ii.li'pled
4'J ; its ilegeueratlnn, 4'J; tn iirioiiiaious tmd) where ih»
election is now virtiiully n.aiie, 49; this tiestruetive t<
the rik'hts and sovereignty of the people, Vi ; the reiia-
dy, 49.
PrmiiUntiiil tltilion (/1>J-..— The enipliil:>tes 111; result
111 ; vote of the free Slates fur the slave-hnidlru' eaiidl
dates, 111 ; ehctiioi of .laekson a triiiiii|ph of lieiimcratii
jirlnciple. 111; errors of Muns. <le Ti.e.|Ue\ille, II.';
charge of viiilent temper against Juekson, UJ; " medi-
ocre talent aud no capacity to t'overn," IIJ; "oppi«eil
by a majority of enlightenoil ciasse.," ll;t; "raised to
the Presidency solely by tho neidiiution of the victory
of New Orleans," 1 1.3. .Sec juiye '.Ni.

I'rmi.liiitial election of IstO.— The canclidates, 638 ;
Vice-President elected by tho Senate, Ov! ; detail*,
6S3, 6>t.
PiiKSToN, William ('., on French affairs, 501.
I'rotectkm to American Industry, orU-ln of the question, .3.
I'rotevtiie SijKtim.—l'hn periodical reason for Its discussion,
205 ; tho session most prolidc of party topics a:i 1 party
contests of any ever known, 200; tho reason, '.'('.(J; the
subjects, 200; tho bank and tariff two heading meas-
ures, 200 ; i)roposal of the Prcfldenfs message, 200 ; the
liroposition of Mr. Clay, 200; tho seven years before the
Tariff and the seven years after, 200 ; the one, calamity ;
the other, prosperity, 200; remarks, 200; tho seven
years of caluinity Immediately followed the establish-
ment of tho bank, 200 ; protection an Incident before
1810, afterwards an object, 267; origin and progress ol
the protective pcdicy, 207.

" It began on the 4th of July, 17s9. The second act
on the statute book, 207; prosjierlty consequent on the
French revolution, 267 ; state of things after tho peace
In 1815,207; subject again brought up In 1S20, 267;
summary of the policy," 267.

Other speakers In favor of tho policy, 20s; those
against it, i(f>\ bearing of tho question on the harmony
and the stability of tho Union. 209.

A crisis arrived, 208 ; dl*«atisfaction of all the South,
208; objects of tho IJevolution, 208; munufacturera
should be supported Incidentally, 2flS.

"This system an overruling neces.sity, 209 ; the dan-
ger to Its existence lies In tho abandonment, anil not in
the continuance of tho American system, 209; great
excitement In South Carolina, 209; tho Union necessary
to tho whole and to all Its parts, 269 ; the nuijority must
govern, 209; can it be believed that two-thirds of tho
people would consent to the destruction of a pulley 'le-
lleved to be indispensably necessary to their prosperity V
209.

An appalling picture dissolution of tho Union present-
ed on either hand, 270 ; formerdeslgns of bringing Jack-
son forward for the Presidency, 270; views entertained
in South Carolina, 270; views of tho Democratic party^
270; "cannot feel Indifferent to the sufferings of any
portion of tho American people, 270 ; what Is tlio cause
of Southern distress? 271; other causea which exist,"
271; tho levy and expenditure of the federal govern-
ment the cause of Southern decadence, 271 ; expor-
tation of American manufactures, 272 ; this fact urged
to show tho excellonco of American fibric", and that
they are worthy of protection, i"2 ; also urged to show
their Independence of protection, 272 ; " .\merlcan cot-
tons now traverse the one-half of the circumference of
the globe, 272; effect of these duties to create monopo-
lies at home, 272; the Custom House returns," 272 ; the

i:x

I.VDEX TO VOL. I.

tiriMlK'rity attributed to the Tiiriirs of 1S24 snd 1S2«.
'JTii real Ottunc of the ri'vlvfd [ircmiKTlty, 278; remarks
iiW; (May'n rorniirks on his own fallinf; powem an<l a'l-
vancL-d aK<'i278; coiii|iliim-nti< on his reuiarks, 2*!<; npnr-
ring tetnccn Ocn. Mniltli and Mr. Clay on the a/u of
the latter, 2T'<, 274; the neriousnosn of .Southern rcaltt-
nnc'« to the Tariff. 274; an appenl to all to meet the
Houth In a spirit of conrlliation, 271.

rrjte.it of Gen. .Jaekiion on the vote of ccnstiro In the Sen-
ate, 425.

Vvhlie (lintre*!.— From the moment of tho removal of the
deiioaltR, the plan uf the bank was to force thuir return,
and with It a renewal of Its charter, by opcratln;; on
the bnxincsa of tho country and the alarms of the peo-
ple, 415; course to bo pursued, 415; flrst step to get up
distress ine< ilnjra, 415; meR-.orial sent to Confess, 415;
sjiecchcs on their presentation., 415; remarks of Mr. Ty-
ler on presenting a memorial from Virginia, 410; do. of
Mr. Kobbins on presenting a memorial, 416; do. of Mr.
Webster on presenting a memorial, 41T, 418, 419; do. of
Mr, Southard on presenting a memorial, 417; do. of Mr.
Clay on presenting a memorial, 418 ; do. of Mr. Kent on
presenting a memorial, 418; Clay's apostrophe to the
Vice President, charging htm with a message of prayer
and supplication to the President, 420; the Vice Pres-
ident takes a pinch of Mr. Clay's snuff, 420; resolution
of a public meeting relative to the message to bo con-
veyed by the Vice President, 420.

All this Is a repetition of what was heard In 1811, 421 ;
extracts from Debates of Congress, 421 ; the two dis-
tresses proved the same thing, 421 ; agitation and com-
motion in the large cities, 421; gaining a municipal
election In New York, 421 ; extracts relative to every-
day occurrences, 421 ; amounts of money expended,
422.

Report of the Secretary of the Treasury on the Fi-
nances, 462; call made at the height of the panic, 462;
showed an Increase In every branch of the revenue, in-
stead of a decline, 462; test of tho prosperity of the
United States, 462 ; the distress confined to the vtctimg
of tho Bank, or fictitious and artificial, 462 ; attempt to
quietly put tho report aside, 462; preparation made to
defeat this move, 462; tho entire reading demanded,
4G2; speech of Mr. Benton on Its conclusion, 462; the
speech, 462 ; " assertions and predictions nnder which
the call bad been made, 462 ; a report to make the pa-
triot's heart rejoice, 463 ; It had been called for to be given
to the people, and the people should have it, 468; the
statements of the report examined, 463 ; evidence of
commercial prosperity, 404; Increased Imports, increased
shipping, increased sales of public lands, 464; it has been
paid that trade is paralyzed, 405 ; the odium of all tbu
distress fails on the bank, 405; tho prosperity of the
country, 466; recapitulation ot the evidences, 467 ; the
alarm is over, the people are tired of it, 407 ; the spectre
of distress could never be made to cross the Mississippi,
467; the bank is now a nuisance," 463; report laid on
the taJ)Io and printed, 409. ^<!e Tari^.
^uhlic Lund Dehtora. — Tho credit system tncn prevailed,
1 1 ; debt for lands sold to the Government, 12 ; situation
of the public land debtors, 12; system on which tho
I.tnds were sold, 12 ; subject referred to In tho President's
message, X2; tho measure of relief devised, 12; the cash
system and reduced price adopted, 12; the pre-emption
ri;:ht Introduced, 12; opposed, 12; carried, 12; tho
graduation principle pressed, 12.

t'HiiUc /.(»7irf».— Burke's bill for the sale of the Crown lands
presented In tho British House of Commons, 102; its
s]'|iU'.'hUuj) to.this country, 102; his remarks, 1U2; sales

of land by a government to Iti ciilzeni a fiUo jk.),,,
102; movements to obtain a gradiiatiim nf iiri< r> ;,l|
recommendation of Jackson's ini«»a?i', lui; the rcvioi,
derived from the sale of lands a trifle c'im|>:ir<'d nith t!
revenue derivable from tho samo lamls tliroiiuh Mt>.
ment and cultivation, 103; sale of land Iprln,-!! nn of saline and mineral lands, 101; tli,-je ij,,,],
sold In Missouri, 105; system of renting' mines nbnli^|l,ll
105; case of "Granny White," 105; the exiini|p|o of ,;!
nations In favor of giving land, 106 ; proclaiiiaticin of t!.«
King of Persia in 1S28, 106 ; Wiistcrn States aufTcror!. ',/
this land policy, 106; change In public sentiment, lnr.

A proposition to inquire Into the cxpedieney of limit.
Inp tho sales of land to those In market— to sll^pcnJ tl.e
surveys, Ac., 130 ; "a proposition that would check ciiil.
gration to the new States of the AVest, 130; limit sell!,..
menfs, 130 ; deliver up large portions to the ilominlon c.(
wild beast.'*, 131 ; remove the land record.s, 131 ; ncvir
right to Inquire Into tho expediency of doing wrons.l.ji'
Inquiry is to do wrong," 131; charge upon the Ku.<t nf
Intending to check the growth of the West, 1.32; hlsturv
of the first ordinance for the sale and survey, 15i; J,
make clean work is like requiring your guest to cat all
the bones before he should have more meat, 132; l!,c
propriety of selling at auction prices and at an arbitrary
minimum for all qualities, 132; system adopted byi;i
nations, 133 ; tho British and Spanish colonies fo-tcn I
nnder (i very different system, 183 ; indcllQlto postpoiic-
ment moved, 183.

Dintribution to the Staten.—hm to reduce the [irlce
ordered to a third rendlng,*275 ; pre-emption ostablisho.l,
275; plan to distribute tho proceeds reported, 275 ; ro-
I>ort,275; " inexpedient to reduce the price, or tocc'.o
the lands to tho States, 275; sound policy enjoins iLe
preservation of the existing system, S7S; govcrnnicnli
no more than individuals, should bo intoxicated by picv.
perity, 275; should husband their resources, 276; tie
proposal to divide the proceeds among the States, 276; s
bill for this purpose reported," 270.

Impropriety of originating sucli ■ bill In a Committtii
of Manufactures^ 870; referred to the Committco i>n
Public Lands, 270; a connter report, 270; "this view
fundamentally erroneous, 270 ; the Committee on Manu-
factures regard the Federal domain merely as an nbjoct
of revenue, 270; quotation from the speech of Bnrko,
270; these sentiments the inspiration of political vir
dom, 277; expectations from the public lands, 277; re.
suit of an experiment of ucar fifty years, 277; the bill to
divide the proceeds is wholly Inadmissible in princlile
and erroneous in Its details, 277; it proposes to chtx
injuriously and fatally for the new States too character
of their relation to tho Federal Government on tlils sub-
ject, 277 ; its effects, 277 ; the details of the bill arc pr^.
nantwith injnstico and unsound policy, 273; ItniaUs
no distinction between those States which did or did n^ t
make cessions of their vacant land to the Federal Guv-
ernmcnt, 27S ; it proposes benefits to some States w!ii h
they cannot receive without dishonor nor refuse wii!;.
out pecuniary prejudice, 278; these lands were grantu!
to pay the debts of the lievolutionary War, 273; otter
objections, 278; postponed in the House, 279.

Dlntrihntion of proefeds.—R\\\ renewed, a62; »r
gumcnts In Its favor, 802 ; provisions of the bill, *'.':
advantiiges of settling the question and disposing of iLt
public lands, 868; revenue from sales consld"red, 8W,

A measure dangerous In itself and uncoiistltutii'c.->!

INDEX TO Vf>r.. I.

imrnt to Iti ciiizcai t fiUo im.Ik^
I (ibtnin a trrnduatinn (if |irl, ;.ii
Mnokson'.H mi«»iizi'. 111); thu rfviDi;„
ilo of IhikIs a trillc- cfitnpurcil «ltli i! „
from tho »nine lomls tliriiui:!i iu u;,..
m, lO-'l; Kill! of land 1irin.;» irn [k.;,-,
iroducfs p<i[iulatlon, liri; reinarku :n
if lanils, 1U8 ; exnuipli' of tlje Atlar,-!.;
(loimllons, 104; roruarks iiiriiliidt t|.,
c and mineral lands, 101; thi'.ic laii<li
15; system of rcntin;; mines nb•lli^llH|,
uny Wlilte," ]()5; the exam |.lo (if a.|
irlvInK land, 106 ; proclnumtidn nft!.*
S28, 106 ; W'c'Stern States sufTerc r> >./
iO; change In public sentiment, In;.
inquire Into the cxpodlenoy of limit.
d to tlioso In market— to suspend tU
"a proposition that would check en;!-
States of the West, 130; limit sell!.-
sr up largo portions to the ildminUm •(
remove tho land records, 1:M ; ni'v.r
to tho expediency of doing wronc, lol ;
vrong," lai ; charge upon the Kast nf
i tho growth of the West, 132; hlstury
ince for the sale and survey, lOi; vi
is like requiring your guest to cat a'.l
he should have more meat, 13-2; the
ig at aaction prices and at an arbitrary
qualities, 182 ; system adopted by ill
British and Spanish colonies fo-tcrv I I
ircDt system, 133 ; indcftutto postiionc

the StaUil. — Bill to reduce the iirice
Ireading,*2i5; pre-emption cstablishcil,
ribute tho proceeds reported, 275 ; re-
)cdicDt to reduce the price, or to cc'.o

Btotcs,275; sound policy enjoins tlie
ho existing system, 276; governmenti
llvlduals, should be Intoxicated by pros-
lid husband their resources, 276; the
i the proceeds among tho States, S;)); >
)se reported," 270.

'originating such • bill In a Commltleo
', 276; referred to the Committee im
0; a counter report, 276; "this view
Toneous, 276 ; the Committee on Mann-
lie Federal domain merely as an olijott

quotation from the speech of Burke,
mcnta the inspiration of politi(Ml ui--
tations from the public lands, 277; re-
ment of ucar fifty ycors, 277 ; the bill t.i
eds is wholly Inadmissible in princiile

1 Its details, 277 ; it proposes to chmx
atally for the now States tno choracur
to the Federal Government on this suh-
•cts, 277 ; the details of the bill are pri-;-
tlco and unsound policy, 47S; ItniaUi
jtwcen those States which did or did in t
t their vacant land to the Federal Gov-
; proposes boneflta to some States whloli
cive without dishonor nor refuse with-
rejudlcc, 278; these lands were gninlod
) of the Revolutionary War, 2T3; otlift

postponed In the House, 279.
of procfeds.—'RlM renewed, «62;jr
favor, 802; provisions of the bill,*''i;
ittling tho question and disposing of tin
5; revenue from sales considered, 8W.
anirerous In Itself and unconstitutionsl

IM; bill pomed th« t<enato. M4; pused In the Houm
with amendments, 864; Senate concur on the la.it nl;.'ht
of the session, 864; retaine<l by the President, 864: re*-
rem, 8M; dennnrlations of tlie I'rcM, 86,1; next sesshm
hill returned with dbjoetions, 8<W ; " first principles of
the wh(de subjert, S6!i ; tho praetlee of the Government,
W'.'i; an entire subversion of ono of the compacts by
whleh the United States became possessed of the West-
ern domain, 866 ; these ancient compacts are Invaluable
niiinumrnts of an age of patriotism and virtue, 806;
other principles Inserted in tho bill, 866; the objcrt to
create a surplus for distribution, 807 ; a more direct rond
to consolidation cannot be devised, 367 ; dinicult to pi'r-
ceivewhat advantages will accrue to the States, H6>i;
the true policy Is that the public lands shall cease as
soon as practicable to bo a source of revenue. 86.S ; state-
ment of revenues derived from tho public lands," 868 ;
remarks on this veto message, 369.

I CiBooiPH, Joiiy, Representative ft-om Virginia, 7; opposes
Clay on the Missouri question, 10; decease of, 478; place
of his death, 473; his career, 478; how ho should be
Judged, 478 ; never enjoyed a day of perfect health, 473 ;
insanity at periods, 478; conversation on that point,
474; his parliamentary life, 474; friendship with Macon,
474; disposition, 474 ; feelings on slavery, 474; as a duel-
list, 475; religions sentiment, 475.

I ftdlef, Mr. WehgUr'i plan o/— Renewal nf the charter of
tho bank for six years, 488 ; to give up the exclusive or
monopoly feature, 483; further particulars, 483; leave
asked to bring in the bill, 433; opposition fVom Clay and
Calhoun, 483; reastms for Calhoun's position, 484; his
object to "unbank the banks," 484; remarks, 4»1; ulti-
mate object to arrive at a motalllc currency, 485 ; this an
object of the administration, 485; conversations among
Senators, 435 ; motion for leave to bring In a bill laid on
the tabic, 435 ; excuse for this movement, 486.

No previous opportunity to show the people the kind
of currency they were entitled to possess, 486; the Gov-
ernment intendod to be a hard money Government,
486; evidences on this point, 437,433; tho quantity of
specie derivable from "irclgn commerce, added to the
quantity of gold derivablo from our mines, were fully
sufficient to furnish the people with an abundant cir-
culation of gold and silver, 43S, 489 ; tho value now set
upon gold Is unjust and erroneous, 440; these laws have
expelled it from circulation, 440; nature and effects of
this false valuation, 441, 442, 443 ; Intention and meaning
of tho constitution that foreign coins should pa.sa cur-
rently as mo' ey, and at their ftill value, within the
United States, 444; the plan presented for the support
Gf public credit in 1791, 449 ; four points presented, 445;
facts, 445; injuries resulting flrom tho exclusion of for-
eign coins, 446 ; what reason can now bn given for not
preventing It? 447 ; a review of the present condition of
the statute currency of the United States, 443; three
distinct objections to the Bank of tho United States as a
regulator of the currency, 449 ; a power that bejongs to
tho Government, 449; it cannot be delegated, 449; it
ought not to bo delegated to any bank, 450 ; dtlTers (Vom
Mr, Calhoun in the capacity of the bank to supply a
general currency. 451,462; circulation of the bank In
.i>33, 453; objections to prolonging the existence of the
present bank, 454 ; the conduct of tho present bank,
454; that of the first bonk, 455; the spirit which seems
to have broken out against the State bonks deprecated, [

4T<C; a »in«i' paper rirculalldn one of the greatot prle>-.
•ones that can BtHlrt a roimniinlty, 4.^7; restoratl.m m
the iri'ld onrrf ney hai preat Ii;l1i:cnie In p(ittlng Jowa
a small note circulation, 4.'w. .v.- I'ulli- Dintrtiu.

RemornU fi;,m rjJfTci-.- Krror (if lie T.K'.iuevllle, 1,10; M»
statement, I,W; ca-se of Ad.'mi.i' ailiiilni-l ration. I.Vt;
no distinct (larty lines, l,'i9; nn e;i.-.' preseiitid to l.iiii
f.ir pdlltleal removal, liiO; so In the iiiiln with .liicksdii,
160; extent of removals by hini, liVi; bis el.-etlon 4
chang.. of partit\s 160; he f..|l(iwid tlie exainpio of.Ief
ferson, 160; the elrrumstanees dlMelTer-on, liU); tho four
years' limitation law not then in fiirce, 101 ; fiindamenlal
principle, 161; his letter to Miinroe, 161; (Id. to Gov-
ernor Giles on removals, 161 ; do. to r.llirldiru Gerry, 101 ;
do. to Mr. Lincoln, 161 ; .TelTersdn's law of removals, 101 ;
Bald ho had never done Justice to bis own party In this
respect, 102; clamor against Jack.son, 102; tho praetieo
of removals for opinion' sake beoomlns too conmion, 162 ;
description of MiicauLiy, 162; tho evil become worso
since the time of De Tocquevllle, liW; an evil in our
country, 162; Jefferson's rule affords tho remedy, 102;
remarks upon it, 103.

Report of Government Bank Directors, 374.

Btiolutionn of Webster relative to the CompromLse, SI7;
relative to the report of tho Secretary of the Treasury
on the removal of tho public deposit,", Ac , 394, 893,

RiiCA, John, liopresentatlve from Tennessee, 7.

Jiitera <iml //urfcor*.— Internal Improvement of, how based,
4 ; how restricted, 4-

RiVES, Wn.i.UM C, on tho mear.lnff of tho Virginia resolu-
tions, 837; on the independence of Texas, 66S,

Roberto, Jonatuan, votes for the X .«ourl Compromise,
8L

RonERTSoy, George, Representative from Kentucky, 7.

Rowan, John, on revision of the tarllf, 95.

Rush, Riciiari), Secretary of the Treasury, 65; negotlatoi
for joint occupancy of Oregon, 109.

Salt Tacp, repeal o/.—TMs lax an odious measure, 143;
fluctuations In the ta.v, 143; efforts to repeal It, 143;
"the English salt tax and manner of its repeal, 144 ; the
enormous amount of tho tax, 144; contrary to every
principle of taxation, 144 ; tho distribution of this tax
on different sections of the ITnion, 144; tho Northwest,
144; the South, 146; the West, 145; provision curers
and exporters were entitled to the same bounty and al-
lowance with exporters of flsh, 145 ; the provision trade
of tho West, 145; the repeal of tho salt duty tho greatest
favor to this trade, 146 ; tho domestic manufacture haa
enjoyed all possible protection, 140 ; time enough been
had for tho trial, 140 ; the American system without a
gross departure from its principles could not cover thi*
duty any longer, 146; every argument that conld ba
nsed hero bad been used In Kn^'land in vain, 147; the
petition of the British manufacturer.'-, 147; effect uf an
era of free trade in salt," 117.

This tax a curso, 154; a mystery in salt, 1.M; bill to
abolish offered, 155; tho fisheries, l.'iS; "tho tax on
alum salt, the foundation of all these bounties, l.V) ; dif-
ferent acts of Congress reeite(l. 15."i, 156 ; reasons for
abolishing the duty on alum salt. 1'A ; an article of in*
dispensable necessity to tho provision trade of the
United States, 166; no salt of the kind made In the
United States, 166 ; the duty enormous and quadruples
the price, 150; It is unequal in its operation, l.V!; menus
of drawing an undue amount of money IVom tho public
treasury, 157; a i)raetlcal viohtlon of ono of the moat

txli

INDEX TO VOL. 1.

equlutlu claiiiM'!! in the Ciitittltutlon of tie UntUiil
Htatcs, l&T ; it now rcsU on a fiilse buU, 157 ; Ita Tvpeul
u ill nut tiiatcrinlly diiiilulali tlio revenue Dor delay the
extlDKuinlinii'iit ul' the public debt, l&T ; 't belongs to an
uuhiijipy period In the rnstory of the government," l-'iT.
Auiiiuut paid by it into the treasury, TU; quantity
imported, 714 ; Ita iin|M>rt from Knglond, 715; effect of
the tux, 710; Hh direct Injuries, 71tt; the burdens »p-
|M*ur in the most oilious light, 716; testimony of I)r,
Young, 717.

BANroui), Natiiax, Senator Oom New York, 7; candidate
fur Vice rresidency in 1824, 4&

BcoTT, John, Deieguto from Missouri, S ; presents the appli-
cation of iMIssouri for admission Into the Union, 9.

Se<il of Colonel JUnlon, origin of it, 77.

Hectnaion of a State— origin of the doctrine, 4; Senate in
favor, 84 ; do. against, S4.

tiSBOEANT, John, liepreseutative from Pennsylvania, 7; on
the committee to whom was referred the application of
Missouri, 9; nominated minister to Panama, 6C ; renom-
inated for the Vice Presidency, 282 ; candldaie fur the
Vice Presidency, 2S2.

Setieb, A.MHBOSK II., on tbo cession of the public lands, 709.

SuAW, II., Kcpresentative from Massachusetts, V; votes fur
the admission of Missouri, 9 ; coadjutor with Clay on
the Missouri question, 10.

Sierra Leone, origin of the colony of, 8S.

BiLSHEE, Nathaniel, Ilepresentatlve f^om Massachusetts,
T.

Slavea deported, BrltUh IiidemnUy /br.— Controversy re-
specting slaves carried olf in the war of 1812 concluded
In 1S27, 8S; similar controversy under the treaty of
17S8, 88 ; origin of the colony of Sierra Leone, 88 ; subject
referred to the Emperor Alexander, 83; arbitrament
disputed, 8S; payment made, SS; statement of the case,
8S ; the reference, 89 ; views, 89 ; the third treaty, 89 ;
the payment, 90 ; tbo c.\ample, 90 ; question of restitu-
tion arising under the Kevolutlonary war, 90 ; number
carried off, 90 ; the commissioners at Ghent, 91 ; French
spoliation claim, 91 ; contrast with the claim for de-
ported slaves, 91 ; proof that Northern men will ("iO Jus-
tice to the South, 91.

Blattry, effect of iu txiatence or non-easutence on different
States. — " The ghost of tbo Missouri question, 180 ; the
line drawn between the free State of Ohio and the slave
State of Kentucky, 130; views of leading men North
and South Indispntibly the same in the earlier periods
of our government, 130; the sublime morality of those
who cannot bear the abstract contemplation of slavery a
thousand miles off, 136 ; the morality of the primitive
Christians," 130 ; conduct of the Free States at the first
Introduction of the slavery topic into Congress, 187;
further remarks, 133.

Slavery in Vie Dittnct of Columhia, Abolition of, — Memo-
riol of Society of Friends In Pennsylvania, 676; source
whence the memorial emanated, 576; previous proceed-
ings on these memorials, 676; motion to reject when
presented fur reception, 570 ; this point the origin of a
long and acrimonious war iu the two Houses of Con-
gress, 576 ; reception and condemnation would quiet the
question, 676; moved to postpone, 577; remarks of
Senator Benton, 577 ; " character of the petitioners, 677 ;
the abolitionists, 677 ; publications and prints, 677 ; in-
tended to inflame the passions of slaves, 677 ; cause of
the massacre of San Domingo, 577; conrse of the French
Dociety, 57S; the conspiracy in Louisiana, 678; these
societies had already perpetrated more mischief than
the Joint remainder of all their lives spent In prayers of
contrition and works of retribution, could e%-er atone

for, 679 ; the conduct of the great bo<ly of lli* |„„pi, ^
the free SUtea, 679 ; object la to give that vut„ »(,„.},
will have the greatest elTect in putting down tlK««.,.
clet at, 679 ; past action of the Henate," 679.

SUirery U{iittition.—'V\u\e of iU rise, 6; unceosin;? fffurlt to
alarm the South by Imputations OKuinst tin! Nurtli, ..r
unconstitutional designs on the subject of tIsvcrT. ftry
letter of Mr. Madison t.> Mr. Clay, 6*)9 ; letter to K.N
ward Coles, 609; nullillentlon in a new dingulte (t>j-
publications to alarm the South, 610 ; the " Crislo " cii,.
the subject of a Southern Convention, 610; the ronduci'
of Mr. Calhoun, 610; petitions fur the aboiiti„[, <^
slavery in the district of Columbia, 611 ; Caihour.'n ro
marks, 611; extreme ground taken, 611; his (li)ct.-in>
611 ; reply of Mr. Morris, 612; Bedford Brown in ttu\l
to Mr. Calhoun, 612 ; King charges upon the remark! uf
Calhoun the effect of Increasing the slavery a^-iti>ti(>.i
618; Calhoun, In reply, charges that any otiie r conrie
will divide and distract the South, 614; remarks of .Mr.
IIIU relative to the views of Northern States, 014; p«t|.
tlons In the House, 615; remarks of Mr. Franklin
Pierce, 615; course of the Telegraph newspaper, CI5
the Herald of Freedom newspaper, 616 ; Calhonn sendil
a paper to the Clerk's desk to be read, containing an at-
tack upon a member of the other House, 61G; apolnjr I
by the presiding olBcer for permitting it to be rcaii, I
616; remarks of Mr. Benton at the request, and in de-l
fence of Mr. Pierce, 617; the statement of Mr. Cal-|
boun involved him in the solecism of sending fortli in- [
cendiary publications through theactlonof the8eiist>,l
617 ; remarks of Mr. Benton on this point, 617 ; renarlij I
of Mr. King on the strange scone of Southern Senators I
attacking their Northern friends because they dcfendcil |
the South, 617; increase of abolitionism denied, 618;
treatment of Onorge Thompson, 618; Airthor atiti«.|
ments, 619; remarks of Mr. Webster, 619; rcftualdtl
Mr. Calhoun to vote on the motion to reject the prajnl
if petitioners, 619; his remarks, 619; an unjustiltablr I
assumption, 620; memorial of the Society of Friendi, I
620; further remarks, 620.

Action of the House on abolition petitions, 621 ; reio-l
lutlon presented by Mr. Pinkney, 621 ; votes, 621 ; ci.ni.{
mitteo ordered and report, 621; report adopted, 6^1; I
remarks of Mr. 'J. Q. Adams on the reception of tbest I
petitions, 622 ; action of early Congresses on this sub-l
ject, 623; Madison on abolition petitions, 628; his con- 1
sistent course, 623; South, the point of danger from |
slavery agitation, 623.

Sloan, Jouk, Bepresentative from Ohio, T.

SuiTH, Bebmabd, Bepresentatlvo from New Jersey, 9; Tot(t|
for the admission of Missouri, 9.

Smru, Samiiel, Bepresentative fl'om Maryland, 7; on thil
committee to who)n was referred the api>Ucation of Mii-I
souri, 9; for Van Buren as Minister to England, 216; oil
the British West India Trade, 123; on the expense off
government, 280; on the protective policy, 2(i8; oatlit|
compromise tariff bill, 816, 827.

Smith, William, Senator from South Carolina, 7; Jadge,?
votes for the Missouri Compromise, 8 ; moves lol
be excused ttom voting on the measure for the rt-l
lief of public land debtors, as he was one, 12; i;iciiii|
refused, 12.

Smttui, Alezandeb, Bepresentative from Virginia, 7.

SOVTHABD, Samuel L., Senator from New Jersey, 7; Secn-I
tary of the Navy, 55; on the Expunging resolutloP,Si9;|
on the independence of Texasi, 669.

Speakers in the House in favor of protection, S2; ditti
against, 83.

Sjitcie OircxUar,— Ita issne marked tlie firmness, forei

INDEX TO VOL I.

XkM

let of the KTMt boiljr of lb* (xopUw I
I; object 1» to give that vutn wblphi
tMt eRt'ct In puttlnx'lown tli<Mt«->,.
ctlon of the Hcimte," BTl*.
ime of it» rise, 6; unceasing elTnrli to I
y liii|iutatloDii avulnn tin- Nurtli, ,.r|
csIkhs on the suljiat of slavery. f>n\
Istjn t.> Mr. Clay, 609 ; letter to K.|.
nulllllcfttlon ln» new dlnifuiw, Oi'j;l
,rin the South, 610 ; tlio " CrlslV 61i);
mthern Convention, 610; Itio oonduti I
610; petitions for the abolltloii i,(|
trlot of Columbia, 611 ; CalUour.'s ro
eme grouud taken, 6U; his doctrinal
Morris, 612 ; Bedford Brown In n\ij I
M ; Klnj! charsfes upon the remarks of I
;t of Increasing the slavery BKltatibn,
reply, charges that any other course I
Istrnct the South, 614 ; remarks of Mr.
le views of Northern States, flU; pell.
ouso, 616; remarks of Mr. Franklin
•go of the Telegraph newspaper, 015; I
jedoui newspaper, 616 ; Calhoun sendt
erk's desk to be read, containing an at.
ibor of the other House, 610; apolojy
; officer for permitting It to bo read, I
Mr. Benton at tho request, and In it- 1
lorcc, 61T ; the statement of Mr. Cal-
ilm In the solecism of sending forth in- 1
itlons through the action of the 8en«t', I
Mr. Benton on this point, 61T ; remarkj |
the strange scene of Southern Senators I
Northern friends because they dcfendd I
; Increase of abolitionism denied, 618; I
I'oorgo Thompson, 618; ftirthor state- 1
narks of Mr. Webster, 619; refiual otl
vote on the motion to reject the prsytrl
119; his remarks, 619; an unjuatiflablf I
); memorial of the Society of Friemis, I
narks, 620. I

House on aboliUon petitions, 621 ; reso-l
1 by Mr. PInknoy, 621 ; votes, 621; m\-\
and report, 621; report adopted, 6il;l
J. Q. Adams on the reception of thea I
action of early Congresses on this sub- 1
son on abolition petitions, 628; his con-r
623; South, the point of danger from j
>n, 623.

esentatlve ftom Ohio, T.
{cpresentatlvofrom New Jersey, 9; votaj
on of Missouri, 9. 1

epresentatlve from M»rjland,7; on thil
whom was referred the opi)llcatlon of MU-I
an Buren as Minister to England, 216; oil
est India Trade, 125 ; on the expenses ofl
80; on the protective policy, 2t)3; oattsi
iriff bill, 816,821. I

Senator from South Carolina, 7; Judge, i;|
i Missouri Compromise, 8; moves wl
rom voting on the measure for tho nl
land debtors, as he was one, 12; vim^

DKB, Eepresentatlve from Virginia, 7.
EL L., Senator from New Jersey, 7; 8etis-|
ivy, 60 ; on the Expunging rcsolutlot,5is;l
)endence of Texnis 669.
House In favor of protection, 82; (UK

-lU issue marked the firmness, fore

and ducitlon of Ueneral Jackson, 676; It* purport, 676 ;
ritent of the land sale*, 677 ; remark* on the evil which
required the siwclu circular, 677 ; bcnellts of (iippreM-
log it, 677 ; a view of the actual condition of the paper
currency, 67!i; bill which was the basis of the remark*
rejected, 67:4; President decide* to Issue the order, 67s.
Hi'solutlon to rv*clnd the Treasury Circular offered,
694; remarksof Senator Ewlng, 604; origin of the order,
695; its legality, 606 ; remarks of Senator Uenton, CO.');
a little panic 696 ; letter of .Mr. lliddle, 696 ; Clay's speec b
at Lexington, 696; illegality of the treasury order
examined, 696; the now distress, 697; Mr. Biddlo's
description of It, 697 ; movement to produce a general
suspension of specie payments, 697 ; remarks of Senator
Benton, 697 ; reply uf Senator Crittenden, 69^; ditto of
Senator Webster, 699; other s|icakera, 700; subject re-
ferred, 700; report, 700; action of tho Senate, 700;
cause of Mr. Benton's speech, 700; bis speech on the
proceedings, 701, 702; explosion of tho banks foretold,
103; reply of Senator Walker to Benton, 708, 704 ; Mr.
Calhoun's reason for not voting on the recision bill,
706; bill passed In the Senate, 706; amendment of the
House, 706; lost, 706; veto, 700,

giivKNSON, Akdbrw, chosen Speaker, 121 ; elected Speaker,
209; chosen Speaker of the House, 871.

Stobbs, Uenbt K., licprcsentatlve from New York, 7.

ijTOKBS, MoMTroBT, Senator from North Carolina, 7; Oov-
eruor, 7; votes for tho Missouri Compromise, 8.

groBY, JosBPU, Justice of Supremo Court, 7.

Supreme Court, its Judges and officers, 781.

Knirr, Bekjauin. onpoeos tho admission of Arkansas, 627.

TiXBT, RooEB B., Attorney General, 181 : nomination as
Secretary of the Treasury sent in near close of tho
session, 470 ; Immediately rejected, 470 ; resigns, 470 ;
spp4)lnted Chief Justice, 781; vote In the Senate, 731.

TJriffand .^merican/S^«(eni.— Beginning of the question,
82 ; protection looked for among the incidental powers,
82; the design was to make protection the object, and
revenue the Incident, 82 ; revision of the tariff pro-
{losed, 82 ; public distress tho leading argument for tho
new tariff, 82 ; remarks of Mr. Clay, 82.

" Public distress of the whole country the most promi-
nent object of attention, 82 ; its evidences, 82 ; Its ex-
tent, 82; • truthful pifitun,*' 82.

Other speakers, 82, the distress disputed, 83; its
cause the paper system, 88 ; no neoenity for protection,
88; Webster's remarks, 83; other speakers In opposi-
tion, 88; passage of the bill in the House, 84 ; closeness
oftbe vote, 84; moved to refer to finance committees
In the Senate, 84 ; lost, 84 ; referred to committee on
manufitctures, 84; passed the Senate, 84; Increase of
revenue a motive with some fHends of tho bill, 84 ;
views oftbe candidates for the Presidency, 84; position
of various States on the bill, 84.

RevMon of. — Date of a serious division between the
North and Soutli, 96; the work of politicians and manu-
facturers, 95 ; productions of different States favored by
additional duties on their rival Imports, 95 ; remarks, 95 ;
"in vain that It is called the American system, 95; as a
tax for the support of Government, it is to b« supported ;
Iffvrany other purpose, it is to be reprobated, 95 ; the
surrender of individual opinion to the interest of the
State," 95; the bill contained a vicious principle, 95;
the tariff an issue in the Presidential contest, 96; man-
DtlMturers warned not to mingle their interests in poli-
tic*, 96; change of policy In the New England State^96;

"she held bark, 9(1; deiiounriMl, 9)1; tliv pn-MHt iiims*
uro called X New Knisland ono, 9>1; toim uf tlioM »lii
a<inilni!itered the (iovernnieiit," 9ii; tli<> i|iie!itloD no<«
both [xilitiral and iweiloiml, 1»; ; Ih,- duty <>ii In.lljp., 97 ;
remark.* on ihu inotlun, 97 ; " lil«ti>ry of iu priHluitiou,
97; reasons f'>r eticDuraKliiK lt.< liniiio priHluctiun, let;
reasons fur a uiii'riiiiiuus vote, Ot; burdens iin|H>M-d by
every tarliroii VlrciiiU and tho Cisrol 11)0,1," 99 ; ■•objeet
to niuke the bill consinl. iit, though op|H>aed t.> the prlii
olple, 99 ; no boon aitked i ,r tho South, 99 ; rapacity ot
the country to produce It, lot);" u)otion loot, llHI; *
nominal duty Imimseil, loo ; this rewirdcd as nn Insult
by tho South, 100; Southern views of tho bill, lOu;
Bcbeu)o of this Tariff, where conceived, lul ; the bill •
regular appendage of presidential elections, lul ; change
between the prosperity of tho North and the South,
lol ; cauio to which attributed, lul; its Jusilce, lol;
f'xllng of the mass of democratic members, 102.

lltduction of Dutitt.—lL cerUIn an)ount ruduced at
the previous session, 808; a step In the right direction,
80S; further reduction ex|>cctud, 8o8 ; Verplanck's bill,
808; tho fluanclol history of tho country since the into
■wur, 800; asatlsfoctory statement, SO'J; carryini; back tho
protective system to tho year of its eoiDiuencement, 3()9 ;
abundant protection to real manufacturers, 8i»9 ; bound
to be satisfactory to tho South Carolina school, 809 ; bill
lingered in the Honse under inturmlnublo debates on
systems and theories, 809; suddenly knocked over by a
new bill, S09 ; moved to strike out all after the enacting
clause, and to Insert a new bill, called the cou)promlso,
809; delay asked for by Northern members, 810; ro-
markc, 810; "one short hour ogo collecting our papers
to go home, 810; a now bill, proposed, and tho cry of
'question 'raised, 310; hasty legislation deprecated In
matters of great importance, 810 ; this matter assumes an
Imposing attitude, 810; a bill to tranciulliue feellngn,
810; It Is said the next Congress will be hostile to the
tariff, 311; the discontent has a deeper sent than the
tariff," 811 ; the seductive and treacherous nature of com-
promise legislation, 311 ; bill passed at once, PI 1 ; a bill
without precedent in the annals of legislation, 812; the
manner of procuoding,812; the degree to which It w/u a
compromise, 812; list oftbe voters, 812.

Clay asks leave to introduce a bill called a " compro-
mise measure," 813 ; remarks, 813; "two great objects
in view, 814 ; the first object looks at the tariff, 813; It
stands in imminent danger, 813; It must fall at the next
session, 818 ; be productive of calamitous consequences,
813 ; can be placed on a better foundation now, than
at the next session, 313; the majority of the dominant
party is ail verso to the tariff, 318; the father of the sy*-
tera charged witi its unnatural abandonment, 813; a
wish to separate It I'rom politics," 814 ; tho principlo of
the bill a series of annual reductions of one-tenth per
cent, &c., 814 ; other features of the bill, 814 ; remarks on
the number of years the protective policy has to run,
and the guaranties for its abandonment, 814; a stipula-
tion to continue nine years, and no guarantee for Its
abandonment, 814; moral guarantees, 814 ; "this project
has not the elements of success, 815 ; a violation of the
constitution, as tho Senate have no power to originate a
revenue bill, 815 ; after they are defeatetl, and can no
longer maintain a conflict, they come to make the best
bargain they can, 316 ; the tariff is In Its luitt gasp, 316 ;
whM has the tariff led us to already? 316; what evi-
dence that the manufacturers will not come at tho end
of tho time, and ask more protection than over," 316 ; "a
measure for harmony, 815; the unhappy divisions of
North and South attributable to this bill, 315; further

«MV

INDEX TO VOL. I.

rriimrka." HIR; falllMlity of pnlltU-al opinions, SIS;
riny'H vli'Wii, H16; t'allinun"* views, 819 ; CUy'i ilctrr-
iiiinutlon ri'IntlTc tn a rcni'llnn, 810; manner In wliirh
the tiill was ri'cclvcci liy tlin piiMIc, 818 ; Nllc«'« lJe(rl«-
ttT, MA; ciincliiAlonnortho mannructurorg, 810; posltinn
(if Wctistor, 81(1; not rnniinltcil on tlic Mibject, «Ifl;
"tlio bllla w('ll-iinilorAtn(Ml surrender of ttio power of
illscrluilnnlliin, or a stipiilatiiin nut to nse that jiower
lor a rerlain period, 817; If tlic tariff is in danirer, It is
because the pcoplo will not lanctiun it, 817; resolutions
relative to tho bill," 817.

I'riibablo reasons for Webster's exclusion ttom all
knriwlcd({« of tho compromiso bill, 818; coincidence of
bis views with those of Oenvrnl Jackson, 818; a reduc-
tion of tho tnrtir to a stable condition frustrated by the
compromise bill, 818 ; objections urged against the bill,
81A; attitude of Bouth Carolina tnrmount«£ tho objec-
tions, 818 ; would remove all cause (if discontent ft'om
hor, 818 ; Houso bill Introduced during tho discussion on
(he question of leave, 819; ditto passed, 819; share of
tho manufncturing states in this compromise, 819 ; an
inc'dcnt showing that measures may bo passed on other
reasons than thoir merits, 819; remarks, 819; "an ex-
traordinary augmentation of duties in a bill which was
to reduce duties, 819; two or three little factories In
Connecticut nmst bo protected, 819; contrary to the
whole tenor and policy of the bill, 820 ; a view of tho
circumstances which had attended tho duties on these
woollens," 820.

Another incident— tho character of protection openly
claimed fur this bill, 820; remarks of various Senators
on this point, 821 ; silence of Calhoun on this point, 821.

The constitntlonallty of originating this bill in the
Senate, 821 ; purely a question of privilege, and the de-
cision of it belonged alone to the other House, 821 ; no
Committee of Woys and Means In the Senate, 821 ; it Is
not the loss a money hill from its object being protec»
tlon, 821 ; amendment proposed relative to the draw-
hack on manufactured Imports, 821; instance refined
sugar, 322 ; lost, 822 ; carried, so far as relates to sugar, in
after years, 822.

Motion to substitute home valuations for foreign or
Imported goods, 822 ; strenuously opposed by Calhoun
822 ; insisted upon by friends of the bill, 822 ; moved to
lay tho bill on the table, 822 ; adjournment moved and
carried, 822; Calhoun recedes, 822; the conditions, 822;
their fallacy, 823; debate on this point, 828; "a home
valuation deemed necessary by the friends of the pro-
tective system, 823 ; believed that after nine years most
of the manufacturers will be sufficiently grown to pro-
tect themselves under a twcnty-flve per cent duty.
823; it would be an increase of duties, 823; essentially
necessary in order to prevent ond detect frauds, 828 ; It
will bo an entering wedge for future measures, 828; for
tho sake of conciliation, the bill Is brought forward, 824;
the objections to the motion insurmountable, 824; tho
bill will sovo South Carolina from herself, 824; you can-
not have the folr twenty per cent without adopting (he
principle of home valuation, 825; the unequal operation
of the home valuation, 825 ; not possible to maintain our
institutions nnd our liberties under the continuance of
this controversy, 828 ; proposed to lay tho bill on the
table, 826; further debate, 827 ; motioi withdrawn, 827;
amendment moved, 827 ; ndjournmej.t moved, 827; car-
ried, 827; amendment that no valuation be adopted
which will operate unequally in different parts of the
I'nion considered, 827; requirement of tho constitution,
827 ; merchont pirt to great Inconvenience, 827 ; the bill is
declared to be permanent, 827 ; home valuation iuproc-

tlrsble and nnpree«<lente<l, and unknown in any |m^
latlon, ffiW; without the auuranre that the princi||(.,,i
not be dlnturbed, bill should be opposed, RW; tion,
valuation tending to a violation of tho conMitntliin,:;.,.
Injurious and almost fatal to tho fouthern [>o^t^;)£|'
create great additional expense, 829; an inrre«.v ,i|
duties In a new form, 829; the fate of the bill dfiKnil,
on the fiito of the amendment, 829; two rnnditlun* .,f |
the vote of Mr. Calhoun, 8«9; amendment fliim; ^,
ki>mo valuation adopted," 830; a new prinelplu t;,iij
adopted at the expense of the constitution, il-'i".

(■ompromiKt, nfcrtt hlHtory o/:— Calhoun ami f i„v i
rival candidates for the Presidency, 842 ; leaders is i><|.
posito political systems, 842 ; cause of their fricndflil'p
842 ; rupture, 843 ; a question between them, which l;*! I
tho upper hand of tho other, 842; Letcher concvlve8th»
Idea of a compromise to release South Carolina frcm
her position, 842; determination of Jackson to srnM
Calhoun for high treason>848; conferenc is, M3; ft^fp,,.
ment with the manufacturers, 848; action of Mr. Cl.iv. I
ton, 848; amendments which were agreed to, 843; ram. I
ncr of the passage of the home valuation amcndmpiit I
844; Calboun'« remarki, 844; his vote, 844; Johc M.
Clayton master of both, 844.

Act </ 1883.— Compromises, 844; act of 1883 a bre.aiti I
of all the mies and principles of legislation, 84,'5; booh.
ccptlon of rival politicians who had ihllcd in the pmu I
of agitation, and threw it up for the game of paclflcailnD, I
845 ; how could this measure be effected in a country >.
vast and intelligent, 845; Benton's view of tho comiJt ,
misc, 846; vices of the act, 846; mischiefs done toil,,
frame of tho government, 847. Ste Protectitt %;«. i.

Tatxall, Col., on the treaty with tho Creeks, 04; sHoail
to ISandolph in the duel with Clay, '2.

Taylor, Jodk W., Representative from New Yorl;,
Speaker, 7 ; votes for the Missouri compromise, 3.

Taylob, John, decease of, a perfect and complete repuMi- 1
can statesman, 45; demeanor, 46; dress, 45; hu c).ir.|
acter, 45: writings, 45; presented the Virginia Eoh.Iu.
tlons of 1798, 46 ; on the Virginia resolutions, 851.

Tatlob, O. K., on the Virginia Resolutions, 850.

Territories.— tbeit rights under the constitution, 4.

Texas, Independence o/— Memorials on the subject, bO;!
effects of the victory of San Jacinto, 665 ; remarks, W; I
reference to Committee on Foreign Affairs moved, fiUi,\
if Texas has a government de facto, it is the duty of thtl
government to acknowledge it, 666; moderation jnJ I
deliberation counselled, 666; acknowledgment and ii\\
mlfMon advocated, 667; new theatre for the tlarer;!
agitation revealed, 667 ; a design to make Texas sn elt'.[
ment in the Presidential election, 667; tho former ctA
sion of Texas, 667; the course of Calhoun, 667; remaikjl
of Bedford Brown, 668; remarks of Mr. Kives, (t,vl
national faith should be preserved inviolate, 668 ; report I
in favor, 669 ; " the balance of power and the perpetni.|
tlon of our institutions," ao a reason for admission, 6
resolutions of recognition passed both Houses, 670; re-l
marks of Senator Benton, 670; the separation of thei«o|
countries among the fixed order of events, 672; tbJ
Alamo, 678; humanity of Mexican ladies, 674; caluumyl
on the canseof tho revolt, 674; the revolt has llluitnt(d|
the Anglo Saxon ch' roctor, 675^

TnoHAS, Jesss B,, Totes for the Missouri Compromise, S.

TnoHAS, Fbakcib, on Committee of Bank Investigation, 2(1 1
on the admission of Arkansas, 681.

Thompson, Suitu, Secretary of the Navy, 7,

Tompkins, D. D,, Vice President 7.

TiionN, Lieut, his fate, 109.

Thorn, Hermann, application for a commission In Ib|
army, ISS.

INDEX TO Vi»L I.

x%»

MirntiMl, tnd unknown In any \n\M
t th« *Murmnrethatthpprlnci|lKiiii
bill ahoulil b« npiHicoil, ttW; li"ii,«

a Tiulatlon of tlio conatUntli.n.i.'j;
at faul ti» tho Couthorn ^M^^t^ atj ,
lonal f'xpcnur, W9; an Inrrea.v d
m, 829 ; tbe fate uf tb<i bill flriKtiiU

1 aiiicnilnu'nt, 8'2«; two rondltluns ..f
Calhoun, 8i«9; ainendniont flxlni: i
idlittiil," 830; a new [irinclplu tuiu
pnso of th<> conntUutlon, ICJ".
LT«t hlotovy o)'.— Calhoun and f !ny
ir the Prcaldenny, 842 ; leaden Ic ci;,.
Btcm^ 842 ; cauM of their friendflilp,

a qucation between them, wblcli bk.|
tho other, 842 ; Letcher concelvcuths
mine to rolcaae Bouth Carolina hom
; dctemnlnatlon of Jackson to am•^t
trea«on> 848 ; conferenc !9, 848; iwrc-
lanufocturcra, 848; action of Mr. I'l.n;.
icnts which wore agreed to, 843 ; mas.
[0 of the homo valuotlon amcndmi'iit,
emarka, »M ; his vote, 844 ; John M.
f both, 844

iompromlaes, 844; act of 1883 a brcvli
nd princlplos of legislation, 845; a con-
poUtlolana who had foiled In the (ranrn
threw It up for the game of paclflcatlciii,
this measure be effected In a country w
ent, 845; Benton's view of tho cuuipr i-
of the act, 846; mischiefs done toilio
ornroent, 84T. Stt ProUctitt .SyiU::i.
he treaty with the Creeks, 64; moiA]
the duel with Clay, 72.
Kcprosentatlve from New York, ;;
es for the Missouri compromise, 8.
Mkse of, a perfect arid complete reputii-
48; demeanor, 46 ; dress, 45; his cUr-
ings, 45 ; presented the Virginia Ecfolu-
i ; on the Virginia resolutions, 851.
lie Virginia Kesolutlons, 880.
r rights under the constitution, 4.
net o/— Memorials on the subject, m;
tetory of Son Jacinto, 665 ; remarks, 6r4;
immlttee on Foreign Atfalrs moved, ««;
jovemment d« facto, it is the duty of ihi
) acknowledge It, 666; moderation anil
)nnselled, 666; ocknowlodgmcnt and el-
ated, 66T; new theotre for the slavery
aled, 667 ; a design to make Texas an ck
residential election, 667 ; tho former cci
667; the course of Calhoun, 667; renuikil
rown, 668 ; remorks of Mr. Klves, K;;!
should be preserved inviolate, 663; rfpoit]
" the balance of power and the perpctni-
stltutlons," aa a reason for admission, M9;
recognition passed both Houses, 610; rt.
jtor Benton, 670 ; the separation of the two
long the fixed order of events, 672; tht
hr.manlty of Mexican ladles, 674; calumay
of tho revolt, 674 ; the revolt has lUustntri]
ron ch' racier, 675.

.., votes for the Missouri Comprotnise, S.
8, on Committee of Bank Investigation, ill
«lon of Arkansas, 681.
B, Secretary of the Navy, 7.
, Vice President. 7.
is fate, 109.
RH, application for a commission lo t«|

tftamry notft, rp«)rte<l to. 1 ; ili'free of dvprectatlun In

Hei'Dil year uf tliu war of l'<12, I.
Trtii>l/ o/l^w?.— Cauiw i.f Ita rejection without rcft'rence to

the Senate, 1.
frtiil>j-miikitt{/ ixnctr.—\U extent, 4.
TrKily "/Indian fprlnm, fiS.

TiiMBi.1!. Daniri., Kepri'sentatlve (W)m Kentuck), 7.
TrrkCK, UauaoK. Ucpreaeutatlvo from VIriilnIs, 7.
fn.r.B, JoH», Keprcfcntotlve from VIriflnIo, 7; on the force

Mil, Hill; dcfumls the i!enate investigating comtiil ee's

riiiort, 4»fl

Tax lirREW, Marti!«, remarks on tho treaty with tho Creeks^
60; Secretary of :<tate, 119; appointed Minister tu Kng-
land, ISl ; rrsltcns bis seat In thu cabinet, Isl ; his rcjcu-
tlon OS Minister to England, 214; candidates for the
succession to Oencral Jackson, 214 ; effect of Van
IJuren's appointment aa Secretary of State, 214 ; a stvp-
plng-stone to tho Presidency, 214 ; appointed nilni.ster,
and left for London, 214; charged with breaking up tho
cabinet for the purpose of ousting tho friendt of Calhoun,
214; his nomination sent to tho Senate, and rejection
certain, soon as n cose could bomadooutfor Justltlcatlun,
?14; causes of objection, 215; rejection was not enough
—a killing off In the public mind intended, 215 ; the
speeches, 215; anecdote, 215; the speakers, 215; apos-
trophe of Madame liolnnd, 215; oh politics! how much
bamboozling Is practised In thy name, 215; tie votes, 215;
speakers for the nomination, 216 ; grounds upon whieh
the objections were based, 216; quotation from McLano.
216; report of Mr. Oallatln containing a refutation of
tho objections relative to the British trade, 216; tho
original of Van Buren's letter of instrnctlons, 210 ; un-
published (Speech of Van Ituren, 217; tho AVashlngton
ground, 217; Jackson, author of tho instructions, 217.
letter of General Jackson to Von Bnren after tho latter
became President, 217 ; comi»IoteIy disproving a dis-
honorable imputation, 217 ; Calhoun's fHendshIp for
Jackson, 21S; the NewTork system of proscription, 21S>
illcnce of Benton, reason for, 218; his letter to Van
Buren, 21S; tho rejection In England, 219; Its effects
upon Mr. Van Buren, 219; remark of Calhoun, 219; the
tie votes, 219 ; tho ii^unctton of secrecy removed, 219 ;
relative to removals under Jackson, 218 ; elected Vice
President, 282.

I Vw Dtkk, Nicholas, votes for the Missouri Compromise, 8_

1 Ytto vfMaytviUe Road JWH.— Third veto on tho subject of
Internal Improvements, 167 ; history of these vetoes, 167 ;
they embrace all tbe constitutional rcosoning on tho
question, 167.
Ytto oftht bank, effect* o/— This a general caption for tho
opposition newspapers throughout the country, 2S0; the
ruin of the country mode to appear, 280; extrocts iVom
Journals, 281; the programme of the bonk ond its
branches, 281 ; wicked attempt on the part of a moneyed
corporation to govern the election, 2S1.

I Vikflanck's, Gvlian C, bill for the reduction of duties, SOS.

I yirginla rtiolutiont, suggestlvo of nullification to Mr. Cal-
houn, 885 ; debate of 1880, the down of tho Ideas of nulll-
lleation, 847 ; tho VlrBlnio resolutions quoted, 847 ; nul-
liHcatlon doctrines avowed, 847; resolutions of '9S ap-
jwuled to, 847 ; the resolutions, 848 ; their vindication,
848; from their text, 848; the right and duty of Stote
interposition claimed, 848; forcible or nullifying Inter-
position not meant, 848; the constitution suggests several
modes ivf Interposition, 848 ; to iotcri>oso, does not mean
to nullify and sot at nought, 849.

Tbii rotem|M>ranroua Intorprrtatinn, .tlJ; whir* found,
849; «|M'uker» In thu Vlririnla I^irlslature, Mi ; i)piiii..fn
advanced by the ■n<'okcr!<, X*\ X.\ ; tlin i>|.|...« r% ,.f i.i.-
rmdutliiin did not cbariiK upon tli< 'ii, upr iln Ir i>iiii
iK.rtir^ la any nniiniT lonti ud f"r Hiiy priiicipln likf
tl)at of niilUiUulli.il, :i.VJ ; n^poiiM ■< of ?iijiti. l,cj;ijl«tur. ...
report on the, Xi-i; extrtt<l», 1».J; inuiiii ruli..K of tho
powers v\hicli in tlio in iiiins arc cliiiiiicd for llie Mat..,
:U!; vicvisof then in.' i.iiinwlio o-ioided the rewilii-
tlon,<, fCiJl; rciiinrk of MmliM.n, "nVI; of MunriM' in l-'«i,
i!.*n; tbe passage of the scditioii law, :i|; coiulmt »( the
peo|il.i of Virginia, iVA.

Tbe res(duticins Ul.sabuwd of nulllflcatlim by their .lu.
thor, 1151; the letters of Mmilaoii, ;i.V.; exlriictH froMi his
Ultir to .Mr. Kverett, UM; reasons for rijcciin..; in Vm
lonKtltntion fanciful ami liiiprncticaldo thcori.s, ".Vi;
wimt the constitution aiiopts in u occiirily cd' tbe rli;hti
ami powers of llie states, 8ufl; coiiipKlcncM of tluMi
provisioni) for tho security of tho States, iCm!; on tha
doctrine of nullillcatlon, l!5t); letter to Joseph C. ('iihcll,
850, ll,'i7, 809; to Daniel 'Wibster, ilOfl; to Juuies Kobcrt
son, .%0 ; to N. P. Trist, 8:i7, 35'.* ; to C. E. llayne.n, ;»: ;
to Andrew Steven.son, 8,')7; from a nieuioruiiduiii on
nullltlcal.on, 858, 3i9 ; note, .S,'rf ; to Mr. Town.s..'iii!, i;V.l ;
furtlicr e.\tract.H, 300 ; reiuiirks, yCO.
Vote afittin.'it tho ratllleatlon of the treaty of ISlS, 17; on re-
pairs of Cumberland road, 2J; on the till to nmko n roail
to Now Mexico, 44 ; on tho bill to occupy tho Cidiinihli;
river, 50; on the nomination of Clay as Secretary ol
State, 55; on tho noinlnullons to the Punaiiui iiil.s.sion,
00; entreaty with tho Cherokee.^, KM; on leave to otlVr
a resolution of inquiry rdativo to rechurter of tho bank,
21)5; on tho rccharter of tho bank, 2.'>0; do. In tho
II0U.SO, 250; on selling the stock of the United States in
bank, 295; on the coiiiproiiiiso tariff bill, 812; on tlio
eompromiso bill, SiiO ; on tlie bill to distribute tlie ajiles
from public lands, 304 ; on tho resolution ol iiuiiilry Into
tho fitness of the persons nominated for bank directors,
8S5; on tho resolution relative to tho report of the Sec-
retary of tho Treo-sury, 395; on the resolution comleinn-
Ing President Jackson, 423; on Webster's plan of reliet',
4.55; on laying tho expunging resolutions of Alabama on
the table, 52S; on tho branch mints, .Vj3; on tho deposit
bunk bill, 553; on tho fortitlcatlon bill, .'>55; on tho in-
cendiary publication bill, 58S; on tho reception of aboli-
tion petitions, 019; on abolition petition of Society of
Friends, 621; on abolition petitions In tho House, 021;
on the Cherokee treaty, 025; on tho aduilaslon of Arkan-
sas, 031 ; on the distribution bill, 051 ; on recognizing tho
Independence of Texas, 070; on tho reclsion oftheipecio
circular, 7U5; on tho substltuto tu liiuil distribuiiu..,
708; on striking out tho deposit clause from tho ap-
propriation bill, 711.

■Walkeb, Joiik AV., Senator from Alabama, 7; Judge, 7;
votes for tho Missouri Compromise, S ; on tho independ-
ence of Texas, 005 ; on the specie circular, 703.

War(>/'1812.— By whoso exertions tho declaration was ob-
tained, 6 ; Its great results, 0.

■Wasiiinoios, Judge, of Supremo Court, 8.

Watmouoii, Joun G., on tho Committee of Dank investiga-
tion, 241.

Wayne, James M., moves o reference of the bank memorial
to a select committee, 234; on the bank investigation
288; oppuinted Judge uf ihe Supreme Court, 569.

Weusteb, Damei., denies the public distress, S3; on the
protective system, 90; on revision of the tariff, 96 on

IXTI

INDEX TO VOL. I.

Ih<7, VH; on tho rotxlurt u( the tree
Htati'ii on ulavi-ry, 1H7; In reply to Unyne,!^; <lobat«
with ilayne, 1H\ 140; op|HiafH Vnn liurcn u Minister to
Kniiliinil, 2IS ; on the ruvharter of the bank, 24)), 244 ; on
tliu pnMpi'ct of I'lilillc dIatrbM, 2M ; on the force bllU
»:)'.> ; on niilllflcHtlon, 8)IS; un the French iipolliitlon bill,
4SS,C4)ri; on the KxpiinvlngrrioliitlonlUU; on the bill to
iinpproMlncrnillary pnbllcotlona, 5*14 ; on French alTslrs.
M)4, tM\ on abolition petltluni, <19; on the ipeoie circu-
lar, 099.

WiiiTK, Iliinii L., on the entrance of the banit directora into
the polltlPHi Add, 2M.

WicKi.iKKF, CitARi.M II., OH tho Committee of I))ulry, 29T.

VTiLKiNi, William, on the force bill, 830.

WiiUAHi, JouN, Senator from Tennosse), T,

WiLMAMP, I.rwia, ItcprpM-otatlvu from North Carolina, T
Father of the Ilouw, 7.

WiLLiAMK, T. H., votc« for tho Mlitaoiirl Comprnmlm- u

WiKT, William, Attorney Gi'ncrnI, 7, M; ooiiniH>| \„', ,i
Chrrokee Imllanii, 169; camlldate fur the I'ri-il.n'
V-ii; cleceimo of, 475 ; rank as a lawyer, 4in; l(.«»,in, i,
Ills lift', 47.1; rarly condition, 47S ; authorship, 4;c; tj,,,,
of hii death, 476; remurki of Mr. Webster ut bar luc
ln«, 478. '

WoouiiURV, I.ITI, Secretary of the Navy, ISI.

Wbioiit, 8ILA1, on the French Spoliation bill, 4.s».

YsLL, Archibald, on the ceulon of the public laadt, Tit

the cession of the public ludt, 7||,

APPLETONS'

AMERICAN CYCLOr^^DIA.

yjiJr BE VISED EDITION.

Entirely rewritten by the ablest writers on every subject. Printed from new typo,
and illustrated with Several Thousand Engravings and Maps,

The work originally published under the title of TitR Nf.w Amkrican Cvrtnp.rniv
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CYCLOP.«niA.

Within the last ten years the progress of discovery in every department of knowl-
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Large accessions to our geographical knowledge have been made by the indefatigable
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The creat political revolutions of the last decade, with the natural result of the lapse
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"«

THE POPULAR SCIENCE MONTHLY,

Conducted by Prof. E. L. TOUMJJ^S.

TiiK ropi'i.An Science Moxtiilt was Btnrtcd to promote tho difTuilon o{ valunble tcU
entitle knowlcilgc, in a readable and attractive form, among all clasnoa of the cummunitr,
and has thus fur mot a want supplied hj no other pcriodiual in tho United Htatcs.

The great feature of tho magazine is, that its contents are not what science woi ton
or more years since, but what it m to-day, fircsh from the stu^j, tho laboratory, and tlm
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wliich comprise the loading minds of England, France, Germany, and the United 8tato!t.
Among popular articles, covering the whole range of Natcral Science, wo have the
latcHt thoughts and wordj of IIorlMirt Spencer, and Professors Huxley, Tyndall, and K. A.
Proctor, bince the start, it has proved a graiif^ng success to every friend of seicntiflu
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made any thing but dry study are disappointed.

Tho press all over the land is warmly commending it. Wo subjoin a few cncomiumii
from those recently given :

** That there Is ■ place for Tni Popvl Aa Boiinob
MoNTULT, no one can doubt wlio ho* watched the
■tead V Increuae of Interest In scli-otillo Inroitlgatlon
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oloaa, but by the entira oomiaunlty,''— a«w Hork
Wimet.

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" It Is the first suocessftil attempt In thin countr'
to popularize science In the pogos of a monthly."-^
Jf. Y. School Journal.

" Not the loss entertalntnir because it I* instrue-
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"Thi Montult has more than iUlflllod all the
promises which the publishers made In the pro-
spectus of publication?'— iVio^ara Falk Gazelle.

"It places before American readers what the
ablest men of science throuj^hout the world write
about their meditations, speculations, and dlscov-
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"This is a hlffhiy-anspleloas begtnnlni; of a uiiv
ftal and mu''b-nevded enterprise In the way of pul>-
Ucatlon, for which the public owe a spoclal debt of
ohllf^tton t'> Mesira. D. Appleton & Co."—Bo»ton
QoMeltt.

"Thift n(<w enterprise appeals to all who are in-
terestwt L". lli'« lauduhle emirt of dUfUsluK that In-
formation '.Tlilcb is best calculated to expitnd th><
mind and Improve the conditions and enhanco the <
worth of Mter—Ootiien Age.

"Just the publication needed at the present
^j."— Montreal Gazette.

" This now matrazine, In our estimation, has moM
merit than the whole brood which have precudud
IV—Oewego IHtti.

" In our opinion, the right Idea has been hapjillv
hit In the plan of this new monthly."— i(i<2r<</u
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"This Is one of the venr best peric-llcals of Its
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work In popularising science, promoting the growth
of reason, and leveling the battlements of old su-
perstitions reared in the childhood of oar race be-
fore it was capable of reasoning."— 7*^4 American
Medical Journal, St Louis, Mo.

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Journal of Sdueation, Bt Louis, Mo.

"This monthly enablef us to utilize at least sev-
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VIONTHLY.

! ilifTugion of vahmkle ici'
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iho United State*.
not what ■ciuiico itai ton
f, tho laboratory, and tim
and Bciuntistfl thcmguWcii,
r, and the United Statcx.
*L SciENCB, wo haTO the
iuxley, Tyndall, and H. A.
) every friend of Bvicntiflc
lat Boience could not bo

subjoin a few encomiumit

•nspkioni bcKlnnlnf; of » uar-
«Dturprta6 In the wav of pub-
9 publlo owe a >pocial dfbt of
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Hse sppeslii to nil who are In-
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e oondlttoDt and enhiuico the'

iatlon needed at the proseut

tutu.

iae, In onr eatlmatlon, has moro

le brood which have precudcd

the right Idea ha» boon hapiillv
thii new monthly."— />!<?<«<'

to very beat periollcala of Iti
eWorld. Ita corps of contrlbu-
of the Bbleat minda known to
J. It is doing a great and noblo
> science, promoting tho growth
Ing the battlements of old i>u-
1 the childhood of our race be-
)f reasoning."— 2'A« American
L Louis, Mo. , , ,

la worth Ita weight in gold, for
Dg the people."— T/u Atnerican
on, St. Louis, Mo.
nablea ua to utilize at least sev-
fe than It would be possible were
Its poblicatton in book-form at
mvttet.^—T/uWHting Teacher
rfUer, New York.

jctavo, handsomrily printed
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;»er Number.

from January 1, 1875.

imbers for May and Novem.

Back numbers supplied.
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