Production Note Cornell University Library produced this volume to replace the irreparably deteriorated original. It was scanned using Xerox software and equipment at 600 dots per inch resolution and compressed prior to storage using CCITT Group 4 compression. The digital data were used to create Cornell's replacement volume on paper that meets the ANSI Standard Z39.48-1984. The production of this volume was supported in part by the New York State Program for the Conservation and Preservation of Library Research Materials and the Xerox Corporation. Digital file copyright by Cornell University Library 1994.CORRESPONDENCE Between the HON. JOHN C. SPENCER AND A1 COMMITTEE OF THE FRIENDS 0^ THE G-E N ER A/L ADMIN I S T R A>T I O N , AT ROCHESTER! N. T. &C T O B ER THE 1*9- T H ,< 1 8 4 2. * tfEW-YORK: PRINTEID'BY JONAS BOOTH, SEN5R. 1557IMPORTANT CORRESPONDENCE. The following letter from several distinguished supporters of the administration in western New-York, to their friend and former neighbor and associate, the Hon. John C. Spencer, Secretary of War, and his reply, will be read with deep interest; not only by the citizens of our own State, but by those of every other State in the Union. A production containing matter of such great interest to the whole country, should be extensively communicated to the people in every form. The present has been adopted under the hope that it will tend more widely to circulate the important truths it contains. Where Mr. Spencer is known, and who, in his own State, does not know him per- sonally or by reputation ? what he says, upon any subject, will receive attention, and be regarded with respect. This masterly letter is a most lucid and satisfactory exposition of the course and policy of the administration of President Tyler, and the most triumphant testimony of the purity of his motives and the consistency of his political life. Although nothing offen- sive towards the whigs is said, yet every blow struck for the President falls with terrible effect upon them. How, after such an exposition, can they go before the people with any hope of being sustained in their assaults upon John Tyler, who has proved himself upon all occasions a consistent republican of the Jeffersonian school—an unflinching DEFENDER OF THE CONSTITUTION—and an HONEST MAN. New- Yor&, Nov. 1st. 1842.Rochester, Oct. 14/A, 184?. Hon. John G. Spencer, Sir, The friends of the administration of President Tyler* in Western New York, are very desirous to obtain, from some one capable and willing to give it, an explanation of the course of the Administration, and an exposition of its policy. They know of no one upon whom they could call with so much confi- dence, as upon one who has so long been identified with their interests and their sentiments, and who has the means of fur- nishing the information they desire. They also feel, from long association, a natural interest in your own position, which has been, as we conceive., misunderstood and misrepre* sented. Learning that you are about to visit our State, we would respectfully invite you to extend your journey to the western part of it, and then afford us the opportunity of hear* ing the expositions we desire; or should you be unable to afford us the pleasure of a personal interview, we should be much gratified to receive a communication from you on the subject referred to. We are, Sir, your friends, Joseph Strong, ) Presiding Officers at the late Pub* eTwh^. | * Meeting* msCity. Lewis K. Faulkner, William C. Storrs, Monroe County General Com- mittee. A. H. Jones, Enos Stqne, Lewis Bixby, W. A. Welles.REPLY New York, Oel. 19, 1842. 'Gentlemen, I have received your communication of the 14th inst., inviting me to extend my journey into Western New York— a region hallowed in my affections—to give an explanation of .the course of the administration, and an exposition of its policy; and to remove misapprehension or misrepresentation in .reference to my own position. When I consider the state of the public press, one portion of it employed in continual assaults upon the President and many of the measures of his administration, and the other portion rendering equivocal idefence of some of those measures only, and condemning .others, I cannot be surprised that you and your intelligent fellow-citizens should desire other sources and means of infor- mation to enable them to form an impartial judgment. I am not aware of any rule of official duty that forbids a compliance with your request, but on the contrary it seems to me congenial .to the spirit of our institutions, that those to whom the powers of government are intrusted should, on all proper occasions, and when it can be done without interference with official .obligations, be willing to give an account of the execution of their trust to those who ask it in the spirit of fair inquiry. Although it would give me the greatest pleasure to gratify you and myself by a personal visit, for the purpose indicated by you, yet my duties at the seat of government forbid an absence so protracted as would be required to perform a jour- ney of such extent. I shall endeavor, therefore, to comply with the substance of your wishes, by a written instead of a personal communication, which I trust will be nearly, if not quite, as acceptable,6 The policy of the administration is indicated by the mea- sures which the President has adopted when the power rested with him, or has recommended to Congress when legislation was necessary. Its general scope and aim have been, equal and exact justice to each and every portion and interest of the whole country. He takes these interests as he finds them, secured and protected by the Constitution and laws, and his greatest pleasure consists in his greatest duty, to uphold and maintain that Constitution as it was delivered to us by our fathers, and to execute those laws in their fair and full force and spirit. The course of the administration of President Tyler cannot be understood without adverting to the history of its com- mencement. By a dispensation of Providence which plunged the whole nation in grief, the individual who had been chosen for the Vice Presidency, succeeded to the Presidency. The disappointment which such an event would naturally produce in the minds of the party who had fixed their hopes and ex- pectations on another, the derangement of schemes and com- binations, which had been formed for a different contingency; and it may be, the want of that confidential intercourse and unreserved consultation with the leaders of the party which would necessarily exist with the anticipated Chief Magistrate, placed the Vice President in a peculiar and most trying situa- tion. Not having been the leader during the contest, he could not be said to be the acknowledged head of the party that had attained power. That post was vacant. As I mean to abstain from any mere partisan reflections, I forbear to enumerate the actual political consequences of such a state of things. They are doubtless familiar to you. But the fact, that the actual President was without an organized party in Congress, was as extraordinary as it was new. It was the first time in our history that an opportunity had been presented to test the strength of our institutions, and ascertain whether the country could be governed simply by means of the powers conferred by the Constitution and the laws, or whether the adventitious aid of a Presidential partyf in Congress was necessary to carry on the government suc- cessfully. President Tyler has been compelled to try that experiment. The most portentous consequences depend upon the result. If it fails, then will it be deemed settled for all future time, that whoever succeeds to the Presidency in any of the modes prescribed by the Constitution, other than a direct election by the people, must make terms with one or other of the parties in Congress, and probably with that which at the time has the majority. Thus Congress will in fact govern the country, by an union of the Legislative and Executive powers. The system which was tried under the Confederation, and was universally condemned, will be revived ; and like powers will be exercised by Congress in a form the more dangerous, because it will be indirect and irresponsible. I am sure I need not pursue the considerations which this topic suggests. Dis- order and anarchy must follow the destruction of any one of the important balances and checks of the Constitution; and as we would avoid the horrors which have elsewhere attended the abolition of the Executive power, we must endeavor to preserve it here, in the last citadel of freedom. Such were the difficulties of his position when the President assumed the administration of the government. Reared at the feet of Jefferson and of Madison in the strictest principles of the Republican faith, those principles had become a portion of himself, and he could no more depart from them than he could sever himself from his moral nature.* * To support the assertion in the text that the political character and principles of the President must have been known by the highly intelligent delegates who selected him for the Vice Presidency, the following account of the public stations he has held, is made from such authentic sources that its accuracy may be relied upon. In April, 1811, and immediately after attaining the age of twenty-* one, Mr. Tyler was elected a member of the Legislature of Virginia, and was thereafter annually re-elected, during the four succeeding yiears, with almost entire unanimity. In the winter of 1815 and 1816, while a member of the House of Delegates, he was elected by8 When selected as a candidate by the party that elected1 him, no other pledge was expected or asked, than such as his* whole public life afforded. The party was composed of men* the joint ballot of the two branches of the Legislature, a member of the Executive Council of the State, in which capacity he served until November, 1816. At that time a vacancy occurred in the office of Representative in Congress from the Richmond district, by the death of that true and faithful republican, John Cloptori. Mr. Tyler, and Andrew Stevenson our late minister to England, became competitors, although both belonging to the republican party. It was, of course, a question of personal popularity, and Mr. Tyler succeeded. He continued to represent the same district in Congress, with little or no opposition, until the spring of 1821, when he with- drew in consequence of ill health, and betook himself to the cultiva- tion of a small farm. The people of his native county, however, insisted on his representing them in the State Legislature, and ac- cordingly he was returned as a delegate in the spring of 1822. He continued to serve in the Legislature until the winter of 1825 and 1826, when he was elected Governor* of the State of Virginia. To this distinguished station he was re-elected in the winter of 1826— 1827, without a dissenting vote. In the same winter, contrary to the express declaration of his wishes, he was elected to the Senate of the United States, where he served the regular term of six years; and was re-elected in 1833. After three years service of this second term, in 1836, he resigned his seat in that body rather than obey the instructions of the Legislature of the State to perform an act which he believed violated the Constitution. In the same year he was nominated as a candidate for the Vice Presidency, by the Legislature of Maryland, on the same ticket with General Harrison, and by Tennessee and other States on the same ticket with Judge White. He remained on his farm until 1838, when he was returned to the Legislature from the county of James City and City of Williamsburg, without having presented himself as a candidate. It thus appears that from 1811 to 1836, a period of twenty-five years, with the in- termission of a single year, Mr. Tyler occupied the most distinguish- ed stations in the state and nation, in which he was neither silent nor inactive. This continued and so often expressed confidence-of9 of various creeds on many points, but those professing the republicanism of Jefferson, are believed to have constituted a very considerable portion, if not a majority. When, therefore, he met the representatives of this party in Congress, he had a right to suppose that an administration conducted upon his well-known principles, wuuld at least receive fair and just, if not ardent support. He was soon called to bring those prin- ciples into action. Among them, and one of the most cherish- ed, was a denial of the constitutional power of Congress to in- corporate a National Bank. He admitted its authority, as a local Legislature, to establish a Bank in the District of Colum- bia, and he conceded that such Bank would possess the same authority to send agencies and branches into the several states, which the Supreme Court had decided appertained to a state institution;—that is, with the assent, express or implied, of those states. This view was distinctly presented in the bill submitted by the then Secretary of the Treasury, Mr. Ewing, at the request of the Senate, was maintained by the President in all his communications, and particularly and specially noted by him, on an amendment to a bill submitted to his considera- tion by a member of Congress, during the discussion of the matter. I do not deem the occasion a fit one to enter into an exami- nation of the various statements and controversies that have arisen on this subject. The foregoing explanation of the im- mediate occasion of the open outbreak which ensued between the President and the greater portion of the Representatives in Congress of the party that elected him, is deemed sufficient. But I should do injustice to my own feelings, if I did not express the deep conviction produced in my mind from a thorough investigation of the subject, and from having be- his fellow citizens, is a proof, which he and his friends have a right to cherish, of their estimation of his ability and his patriotism. Can it he believed that the political principles of such a man were un- known, or misunderstood, by those who nominated him for the Tice Presidency ? 210 come familiar with the statement of all parties, that there was much of mistake and misapprehension between those who were honestly willing to understand each other; some of acci- dental, and more of intentional misrepresentation of the lan- guage of the President in the various conversations held with him; and that throughout he manifested a sincere, honest, and steadfast adherence to the great constitutional objection which he had for years repeatedly, in public and in private, announced as a fundamental article of his political creed, Nor can I permit myself to doubt that, if similar frankness had been exhibited by others, if a spirit of peace and harmony had prevailed, and if a small portion of the liberality and forbear- ance for dissenting views and opinions, which the whigs claimed as the attributes of the party, had been exercised to- wards the President, the violent scenes we have witnessed, and which have scandalized free government, would not have occurred; and the relations between the President and the Representatives who were elected on the same ticket with him, would have been such as to produce a peaceful, vigorous, and successful administration of the government, and accomplish all that the interests of the country required. In proof of the absence of all selfish, interested, or ambitious motives, on the part of the President, in the course which his convictions of duty prompted, I may now advert to a fact long known to me, which has been promulgated in the newspapers of the day, vouched for by at least one whig editor, and by a representative in Congress from Massachusetts, in a speech lately delivered at Newburyport, upon authority, and hitherto not denied. That fact is, that previous to returning the second bank bill to Congress with his objections, in full view of the assaults to be made upon him, and with the purpose of remov- ing all causes of agitation, as well as to secure himself against unjust imputations, the President submitted to his then Cabi- net, whether he should, in the message then about to be trans- mitted to Congress, announce a resolution to retire from public life at the expiration of the existing term ; and that against his doing so, all the members of the Cabinet then present, pro-11 tested, on the ground that such an annunciation would not have the effect to produce peace or quiet, but would only change the direction of faction; that no one had a right to ex- pect such a step from him, as he had not been elected Presi- dent, and no obligation existed that should interpose any bar- rier between him and a direct vote of the people. In connection, and yet in contrast with the preceding, is another fact of an extraordinary character, which though known by many, has lately been distinctly promulgated. It is shadowed in a letter of Mr. Ewing’s in the statement by him of a proposition having been made to the President, that the majority who had passed the first bank bill, would consent to postpone the second to the next session of Congress, if they could receive assurances that in the meantime no hostile move- ment would be made on the part of the President. The full meaning of this statement has now been developed by the de- claration of a member of Congress, that a message was carried from the Whig leaders in Congress to the President, to the effect that if he would engage not to disturb any members of his then Cabinet in the enjoyment of their offices, the second Bank Bill should be postponed. The answer to such a propo- sition may be easily conceived. The effect of that proposition was to prove the identity of the members of the Cabinet, whose, places were deemed in jeopardy with the hostile members of Congress, and if the design was to precipitate matters, it was most effectual. You will require no aid to determine which of the actors in these scenes exhibited a lofty disinterested patriotism, and which evinced any tenacity for place, or desire for power. These facts are full of instruction, and furnish a key to many mysterious transactions.* * Since the publication of this letter, there has appeared in the Albany Evening Journal, the report of a speech made by the Hon. D. D. Barnard, a Representative in Congress, known to be the devoted friend of Mr. Clay, in which, speaking of the pendency of the second bank bill, Mr. Barnard says: “ Mr. Tyler became greatly distressed,12 After the outbreak referred to, the President remodelled his Cabinet, and from that time his administration may be said to have commenced. It began, and has been continued thus far, without the support of any party acknowledging him as its political chief, or bound to him by those political associations,, which, under every preceding administration, had enabled the Executive to look at least for favorable predispositions in a large portion of the members of Congress to sustain his mea- sures. The same course of events which deprived him of this usual and accustomed aid of an administration, also liberated him from those mere party influences and party obligations which become reciprocal from party service. He was at full liberty to consult the interests of the whole people, of the great masses, without reference to the extreme views of the bigots of any party—and he determined to do so. An examination of the measures adopted by him, and of those recommended to Congress, will show how far he has succeeded. He pursued the even tenor of his way amid the conflicts of contending parties, adhering scrupulously to the principles that he had always avowed, so far as they were applicable to the questions that presented themselves. The annual message at the opening of the last session of and he was accustomed, with the most solemn conjurations, to beg and beseech every whig that approached him, that they would give the subject of the bank the go by for that session, and at once adjourn and go home.” Here then is authentic evidence, which cannot be questioned, of the great efforts made by the President to gain time which would allow the abatement of excited feeling, secure calm and deliberate consideration, and afford opportunity for harmonious action, by the postponement of the question in dispute, for little more than two months, when a regular session of Congress would be con? vened. A stronger proof of the desire of the President to avoid that collision which he has been charged with having desired to bring about, could not be afforded. It will not be difficult to decide which course was the most wise and patriotic—that of consideration, or that of violence and rashness.13 Congress, and the messages during the session, furnish a chart of the measures of the administration, and enable us to discern the policy of the President from the most authentic and un- questionable sources. An enumeration of these measures, and the fate of the recommendations by which they were urged upon the attention of Congress, will enable you to perceive how far that policy has been carried out, where it failed, and the cause of such failure. 1st. The first point to which the President called the atten- tion of Congress in the annual message, was the danger to which the country was exposed, by the want of suitable pro- visions in our judicial code to enable the general government to perform the duties with which it is charged, of maintaining peace and preserving amicable relations with all the nations of the earth, and he suggested the propriety of providing by law for the removal, from the State Court to the Federal Judi- ciary, of all such causes as might involve the faithful observ- ance and execution of our international obligations. Such a law was passed, and hereafter the relations of peace and war •with other nations, will not be dependant upon any other tri- bunals than those created by the Constitution, for the decision of all cases arising under it^ or under the laws made in pursu- ance of it. And thus has been removed a prolific source of -disquiet between the States and the General Government, and of hazard to the peace of the nation. 2d. The next matter referred to in the message was the affair of the Caroline, which the President reprobated in terms becoming the Chief Magistrate of a free people, and he insisted that an atonement should be made for the invasion of our ter- ritory, and a renunciation by the British Government, of the precedent as a rule of future action. Without giving or claim- ing for the published correspondence between the Secretary of ;£>tate and Lord Ashburton, any other authenticity than what may be inferred from the fact that its correctness has not been denied, I conceive it proper in me to allude to it, as it is for other citizens to canvass it. By reference to that correspon- dence, you will perceive that after a delay of four years, what14 the President insisted was due us, has been amply rendered, and that in this matter the honor of the country has been vindicated. 3d. Another point in our foreign relations, which the mes- sage brought to the attention of Congress and the people, was the claim of the British Government to visit and detain vessels sailing under the American flag, for the purpose of executing their laws and treaties in relation to the slave trade. Against this claim the President remonstrated in firm and de- cided language, and declared that it must be resisted. This claim in effect is withdrawn by the British Government, and her Envoy has precluded her from renewing it, by the stipula- tion in the published treaty, for the employment of vessels on the coast of Africa by the two countries, separately and inde- pendently, to act under the instructions of their respective go- vernments, for the enforcement of their respective municipal laws only. The very omission of any recognition of an authority to visit the vessels of the one country by the officers of the other, is in itself an exclusion of all such authority, and leaves the matter precisely where the President had placed it —a total, absolute, and unqualified denial of any such claim. The insertion of such a denial in the treaty would have been absurd. Treaties contain the affirmative stipulations of par- ties, not the negations or protests of either. By refusing any allusion to the claim, we deny on our part that it can become a subject of compact, reserving to ourselves the vindication of our rights (of which fair and explicit notice has been given) whenever they shall be assailed. Thus has a pretension which threatened the renewal of a practice that had brought on one war, been abandoned, and the sanctity of our national flag se- cured—at the same time the most effectual means have been provided for the utter destruction of an accursed trade. 4th. Upon that most difficult and perplexing topic, a tariff of duties on imports, the language of the message defines with great accuracy, clearness, and precision, the true principles of protection consistent with revenue. After speaking of the repugnance of the people to the imposition of burdens not15 really necessary to the support of Government, the President says:—“ In imposing duties, however, for the purpose of revenue, a right to discriminate as to the articles on which the duty shall be laid as well as the amount, necessarily and most properly exists ” After showing that the imposition of duties indiscriminately on all articles would defeat the very purpose of obtaining a revenue, he remarks:—“ So, also, the Government may be justified in so discriminating, by reference to other considerations of domestic policy connected with our manufactures. So long as the duties shall be laid with dis- tinct reference to the wants of the Treasury, no well-founded objection can exist against themand he concludes the re- marks on that subject by urging the importance of certainty and permanence in the system which should be adopted. It is believed that no just man who regards the various interests of the whole country--who would not compel that portion of our fellow-citizens who have no manufactures, to pay taxes for the support of those who have them, without any equivalent, and who yet would protect American industry from foreign cheap labor, in those articles which are essential to us in peace and in war, and for which we ought not to be dependant on any other nation. It is believed that no just man who will take such an enlarged and patriotic view of the subject will hesitate to approve the principles promulgated in the message. "While they are adverse to prohibitory duties on the one hand, they provide for abundant incidental protection on the other. They are those, and those only, that will secure harmony as well as justice, in the adjustment of a matter involving so many and such various conflicting interests, and produce that permanence which in this country can be attained only by the general acquiescence of the people in the equity and honesty of any system. And if the liberality, so unusual, thus evinced by a statesman coming from that portion of our Union which has no manufactures, be reciprocated and met in the same spirit by those who are most anxious to promote those inter- ests, a unity of feeling will exist throughout the confederacy, which will afford more stable, and therefore more real and16 substantial protection to our own industry, than any laws that may be passed under occasional and spasmodic excitements, which will be sure to intermit with the cessations of the sti- mulants that produced them. Should the Tariff Law that has been passed and received the signature of the President, be found in practice to differ in important particulars from the just and liberal principles ad- vanced by him, he will doubtless be found ready to sanction such necessary amendments as may be proposed by that body in which the Constitution has exclusively vested the authority to originate and pass revenue bills. 5th. The recommendations of the annual message on the subject of Currency and Exchanges, next claim our attention. After pointing out the necessity of a medium of Exchange approximating to uniformity of value in the different parts of the country, the President proceeds to redeem the pledge he had given at the previous session of Congress, by submitting the outlines of a plan for the safe keeping and disbursement of the public revenue, which shall at the same time furnish a currency, and thus indirectly regulate exchanges. The limits which I have assigned to this communication forbid a repeti- tion of the details of the Exchequer plan, as developed in the message, and afterwards more fully exhibited in the Bill sub- mitted to Congress by the Secretary of the Treasury. This is the more regretted, because I am confident it has not been sufficiently considered by my fellow-citizens generally, to be thoroughly understood. It is emphatically the plan of the President, originated and matured by him. with a single modi- fication introduced on the advice of his Cabinet. It proposes to attain its objects by the application of powers acknowledged in practice to exist in the Government from its foundation. The Treasury Department was instituted for the collection of the public revenue, its safe keeping, and its disbursement, ac- cording to acts of appropriation by Congress. To a board of control under the superintendence of that department, there- fore, was given the immediate charge of this business, with authority to establish agencies, or employ State banks in itstr transactions. To these was added the power of issuing Trea- sury notes to the amount of .fifteen millions, selling drafts, re- ceiving deposits, and purchasing bills of a certain description. These were the general features; and the President invited a discussion of its merits, while he expressed a readiness to con- cur in any modifications that did not violate its essential prin- ciples, particularly such as should, by any Constitutional means, relieve the Chief Executive Magistrate from any controlling power over the public Treasury. You perceive how entirely this plan avoided all Constitutional objections, by providing that the functions of purchasing and selling drafts other than for the purposes of the Government, should be exercised in any State, only when not prohibited by such State. All conflict with State jurisdiction was prevented ; the banking privileges of the States were left without interference—the operations of the Treasury simplified and facilitated, and the great interests of the Union promoted by the introduction of the currency, founded on the revenues of the country, and yet so limited as to be always, at all times, equivalent to specie. This plan has been approved by some of the most competent financiers of this country and of England, and pronounced to be adequate to all our wants, safe in its operations, and calculated to furnish the most perfect currency that could be devised. So far as the opinion of an individual who has had some experience in such matters, and who it is known to you has had occasion- to be- come acquainted with the abuses to which a National Bank is from its nature exposed ; so far as- the opinion of such an in- dividual is of any value, it is unhesitatingly given, that this plan, in its essential features, is far preferable toany other that has been submitted, and that it will accomplish all the purposes for which it was designed, without hazard to the Government, without, danger to the people, and without stimulating anew the reckless spirit of speculation, whose excesses we have all such cause to mourn. If, as seems to be generally conceded, the question lies be- tween this plan and a National Bank, there cannot be much room for doubt or hesitation. Waiving for the present the 3insuperable difficulties presented by the Constitutional objec- tions to such a bank operating through the whole Union— objections so long entertained by a large portion of our fellow- citizens, and strengthened rather than diminished by discus- sion, and by the sad experience of the tremendous power, and the still more tremendous corruptions of such an institution— waiving these, the very fact of the existence of such objections, and of others of a different character, will effectually prevent a subscription to the stock by those sound and prudent capi- talists, whose countenance and whose real wealth can alone give it vitality. Such men will never consent to place their property in a position to be the sport of the alternate triumphs and defeats of parties. The chartering a bank under such circumstances, would but invite the cupidity of those who in- tend to become borrowers rather than lenders, and who by means of the irresponsibility of a corporation, and with the impunity that has marked former transactions of similar insti- tutions, would plunder those whose confidence they had in- vited but to betray it. Whatever may have been our opinions heretofore of the utility of a National Bank—however we may have been compelled to acquiesce in its supposed necessity, the history of the last few years has, I should hope, convinced all who are open to conviction, that any evils which may be anticipated from the want of such an institution, however great, are more tolerable than the certain, positive, and im- measurable injuries, which we now know have flowed from the existence of one that was instituted under the most favor- able auspices, and was committed to the charge of men at the time esteemed the most honorable and trustworthy in the land. Within four years of its existence, the last Bank of the United States became little better than a den of robbers. Its man- agers, with few exceptions, pursued a systematic scheme of plunder and fraud, which was arrested by the investigations of a Committee of Congress. Clemency, now believed to have been mistaken, towards in- nocent stockholders, and a hope that the example which had been made of the offenders would deter others from similar19 practices, saved the bank from dissolution. It was allowed to proceed under new restrictions designed to prevent the recur* rence of similar frauds. In a few years, it was found at open war with the Government of the country, seeking the renewal of its charter, subsidizing presses and editors, squandering its treasures in partisan elections, and openly purchasing the sup- port of the venal in all directions. The moral corruption which flooded the country was in itself an evil of the most fearful magnitude. It struck deep at the roots of public faith and private honor, and prepared the way for that reckless and unbounded extravagance, which the bank itself stimulated by the profuse distribution of its money, and the consequences of which we are now reaping in individual sufferings from which a Bankrupt Law affords but slight relief, and in the de- gradation of the character of our country by the fraudulent insolvencies of our public corporations, and by the shameless refusal of sovereign States to fulfil their obligations. The final extinction of the same institution under a State charter, but managed by the same individuals, and the conse- quent inevitable exposition of its affairs, have disclosed scenes of depravity and fraud at which the whole country stands aghast. Who can look back at the immense amounts of public funds which have been entrusted to the fidelity of the same men, without a feeling of horror at the abyss which we have escaped ? And who would again venture the Treasury of the nation upon the integrity of any body of individuals in an associate capacity, when we have before us such reiterated examples of the feebleness of the most unspotted public or private character to resist the temptations which attend the control of enormous wealth and inordinate power ? How can any Government justify itself in thus transferring to corporate individuals, the functions with which it is entrusted for the welfare of the people ? The collection, the preservation and the disbursement of the public revenue is the business of the Government itself, through its own agencies, with all the responsibilities of office, and with the securities of oaths, bonds and constant check and supervision. It might with equal20 propriety relieve itself of the burden of governing its Territories, by employing the agency of corporations, and the Post Office and other Departments, might likewise be consigned to their care. If the Government is inadequate to the entire manage- ment of its fiscal affairs, should we not be better employed in seeking and providing the necessary powers to enable it to discharge one of its highest duties, than in creating artificial bodies to whom this same and still greater powers must be confided? If there be danger in the exercise of such powers by the public agents of the people, directly and periodically responsible to them for all their acts, is the danger lessened by transferring their exercise with the secrecy which invariably attends the proceedings of corporations, to those who are not selected by the people, and not responsible to them, but who hold their chartered rights for a longer or shorter term, by an im- mutable law. which even the will of the people cannot rescind? Is not the only plausible objection which has been urged to the Exchequer plan, then, that it will increase the power of the government, and particularly of the Executive Department—is it not unfounded and irrational ? All power is liable to per- version for improper purposes, but since it must exist—the true question is, where can it be most safely lodged ? The American people have answered this question by declaring that their own representatives and officers chosen by them- selves, are the most safe depositories of those powers with which Government must be clothed for the protection and defence of all. If the Constitution would permit the selection of the superintending officers by other means than the appoint- ing power which it has created, let those means be adopted according to the invitation of the President. But until they can be devised or obtained by the consent of the States and the people, we have the same and even greater security against the abuse of such powers, than we have against the abuse of any other power vested in the Executive. The means of obtain- ing full and perfect knowledge of all the operations of the Ex- chequer Board and its agencies, at any time and at all times by Congress and by the people, are prov ided. The system is capa-21 bleofany modification or improvement which experience may suggest—and if, after all, serious evils should be felt or justly anticipated, no vested rights of any corporation can be inter- posed to prevent its instant repeal. No human institution is or can be free from liability to abuse; and the fair question is, whether the advantages to be gained by furnishing a sound currency to the country, are so important as to justify the em- ployment of the powers given by the Constitution to obtain them ? The ability of the Government to accomplish this great object has never yet been fully and fairly tried. I have dwelt on this subject, my friends, because it has received so little examination in or out of Congress, and because it involves the most momentous interests of the nation and its citizens. In the election of Representatives to Congress, you are called upon to determine whether the Exchequer Plan shall prevail, or whether a National Bank shall he established, or whether the whole matter shall remain unregulated and unprovided for. A respectable portion of your fellow-citizens avow their desire for the incorporation of a Bank of the United States, and have rallied under the name and banner of a dis- tinguished Statesman, who is pledged to effect that object by all the political power which may he placed in his hands. The appeal to the electors of the country, to confer such power upon him and those who concur with him, is rightfully and fairly made. Against the creation of any such institution, the President and his administration have contended, and mean to contend, until the people in their wisdom shall deprive them of the power of further resistance. Confiding in the intelligent virtue and firmness of that people, they cheerfully abide the issue. The policy of the administration of President Tyler, is further indicated by the special Messages, which, during the session of Congress, he deemed it his duty to transmit to that body. The first of these of general interest, related to the condition of the Treasury, and the imperative necessity of speedy provision for fulfilling our obligations to the public creditors, and defraying the current and unavoidable ex*22 penses of the government. A loan had been authorized for an amount scarcely equal to one-half our ordinary annual revenue, and this sum, relatively so insignificant, it had been found impracticable to obtain. The President believed that a pledge of specific funds for the payment of the interest and the redemption of the principal of the loan, would at once relieve the country from the odium of such a failure, and replenish the Treasury until adequate revenues should be provided by the passage of proper laws. In the proceeds of the sales of the public lands, he perceived such a fund already provided, and he recommended to Congress the temporary appropriation of it to the great public exigency which presented itself. He was well aware of the claim which had been interposed in behalf of the States to a distribution among them of these proceeds. But on examining the act of September, 1841, providing for that distribution, he found the principles on which it should be made, settled by those who had been the warmest advocates for the claim. The whig majority in Congress, had, by that act, determined that such distribution should not take place when the country was engaged in war with a foreign power, nor when an economical administration of the Government required the imposition of duties exceeding twenty per cent, on the value of the articles taxed. Congress had thus, in accord- ance with the constant practice which had prevailed from the foundation of the Government, solemnly re-asserted its authority to control the distribution of those proceeds, and to direct their employment for the benefit of the nation whenever its exigen- cies demanded them. In his judgment, that exigency had arrived; and his recommendation was made accordingly to meet it. The recommendation was disregarded, and the loan is not yet taken. These views of the President were not new. In his first message to Congress at the extra session in June, 1841, he said, “among such, a distribution of the proceeds of the sales of the public lands, provided such distribution does not force upon Congress the necessity of imposing upon commerce heavier burdens than those contemplated by the act of 1833, would act as an efficient remedial measure, by being brought directly in23 aid of the States.” These sentiments were expressed to a new Congress, in which there was a known majority in favor of a distribution, and at a time when no collision had taken place between the President and that majority. The doctrines and principles of that Message met with universal favor from the whig press, and no exception was at the time taken to the passage above quoted. The act of September, 1841, for the distribution of the proceeds of the land sales was passed, and embodied the identical principle thus stated by the President Notwithstanding Congress was thus distinctly apprised of the views of the President, which they had sanctioned and adopted, and of his determination to adhere to them, that body passed two bills in succession, in direct conflict with the prin- ciples which it had thus solemnly recognized. The last of these bills bore conclusive evidence on its face, that the con- tingency contemplated by the compromise act of September, 1841 had arrived, that rates of duties exceeding twenty-per cent;, had become necessary for an economical administration of the Government, and therefore a suspension of the distribu- tion of the proceeds of the land sales, for which that act had provided, followed as a necessary and inevitable consequence; and yet, the Bill directed that distribution to be made. Could the approbation of the President to such a bill, have been ex- pected by any rational man ? Nothing had occurred between September, 1841 and July, 1842, which could affect the prill* eiples on which distribution should take place. Congress had been premonished that an empty Treasury, and a dishonored credit demanded the application of all the means of the Govern- ment to the supply of the one and the restoration of the other. Is the conclusion an unfair one, that the proposition to violate the principles of the act of September, was made with the design to compel its rejection, in order to continue the agitation which had been commenced by Mr. Clay, at an early day of the Session, against the veto power, and that it was coupled with provisions for levying duties on imports, in the expecta- tion that the interests and feelings of those who were to be benefitted by those provisions would thus be connected with24 the agitation already existing; so that by these means, the double purpose of gaining friends for the abolition of the Veto, and of aggravating to the utmost extent, hostile feelings against the President, would be accomplished? Could the effort to pass a tariff law, containing a distribution clause, under such circumstances, have been a sincere one? To the President’s mind, the portentous alternatives were presented, of sanctioning a distribution of public money in violation of a compact to which he had been a party, and when every dollar of that money was imperiously demanded by the necessities of the Treasury—or of incurring the hazard of leaving the country without adequate revenue by the refusal of Congress to pass a bill confined to that subject alone. Upon this question be did not ask the opinions of his cabinet. He considered the path of duty too clear to he mistaken: between principle on the one side, and expediency on the other, he had no hesitation ; and he determined to return the bill with his objections. His firmness triumphed, and the same Congress passed the same bill without the distribution clause, which he instantly and cheerfully signed. Thus was dissipated in a breath, the allegations of his hostility to a tariff. It is passing strange, that while competitors are springing up in all direc- tions, among the members of Congress, for the honor of having saved this bill, no credit, no applause, is bestowed on him who not only saved it by the intrepidity of his course, but who gave vitality to it by his signature, and who also saved the proceeds of the land sales from a diversion that would have been most injurious to the credit of the country. The question of the disposal of those proceeds now remains where it was left by the whig Congress of September, 1841. But in the mean while, they, like the other means and resources of the country, will be applied to its wants. To the people it can be of little advantage, that what is paid to them in the shape of distribution, shall be taken back in the shape of duties on articles which they are obliged to consume. The distribu- tion cannot be beneficial unless it be absolute—and that can be only when a rate of duties that shall not be oppressive, shall25 also be adequate to the support of a prudent and careful ad- ministration of the government. I have dwelt somewhat at large upon this topic, because the considerations that have usually been addressed to the people, in relation to it, have been confined to one view only, and that a sordid one. State interest and State feelings have been appealed to, and the advantage of having money in the State Treasuries, has been pressed, as if the source from which, and the means by which that money1 was to be obtained, were um worthy of inquiry, or as if the mere form of receiving with one hand and paying back with another, was to confer some great and substantial benefit. It seems to have been forgotten, that the citizens of the States are also citizens of the United States, and that whatever they may gain in one character, they lose in another. If the public monies of the United States must be taken to relieve the States, then the citizens of the United States must supply the deficiency. In a review of the measures of the Administration, we cannot overlook that great work of pacification which has adjusted, on terms honorable to both nations, the difficulties which have so long subsisted between this country and Great Britain. I have already had occasion to advert to one of its provisions, carrying out the views of the President in relation to the claim by the British Government, of a right to visit and detain vessels sailing under the American flag. It is bare justice to the President to* say, that in the negociation of the various, and some of them exceedingly complicated provisions of the recent treaty, his suggestions and advice were frequently of the most important character, and facilitated the labors of the distin-^ guished negociator on the part of the United States; and that to those suggestions, and to the readiness with which he devo- ted himself to the task of assisting in the removal of difficulties, and to the constant, steady, and firm support which he render- ed to the American representative, may justly be ascribed the success which crowned the negociation. Of course I shall not be understood as diminishing in the least, the honor and praise which belong to the unwearied and most able efforts of the 426 Secretary of State. I do but reiterate the acknowledgments he has publicly made of the assistance rendered by the Presi- dent. In truth, no one acquainted with the multifarious opera- tions of this Government, expects the President, on any occasion, to do more than preside over them—lay down the principles on which they are to be conducted—and supervise their execu- tion. The Secretary of the proper Department does the rest, and if it be done with ability, an evidence is afforded to the country that in administering the Government, the President has selected competent agents. By this treaty, a controversy respecting our North Eastern Boundary, which, on one occa- sion, had nearly kindled into war, and which has baffled all former efforts for its adjustment, has been settled to the mutual satisfaction of the States directly interested in the territory in dispute. The United States has acquired a strip of land oii the northern boundary of New-York and Vermont, upon which a fortification had been commenced of vital importance to the defence of that frontier. The right of navigating the channel of St. John, and of other straits, exclusively within the British territory, has been guaranteed, and a reciprocal provision for the delivery of fugitives from justice, so long refused by Great Britain, has been made by which our northern and north western borders will be relieved from the hordes of felons who made them their refuge, and by which the hope of impunity, heretofore held out to criminals from our territory, is ex- tinguished. This is, in itself, a great triumph of law, order, and justice, over licentiousness and crime. The hardy pioneer of the frontiers now shares with his fellow-citizens the protec- tion of his Government, and his life and property will no longer be held or enjoyed at the will of marauders and incendiaries. In Florida, the success of our forces under the gallant Worth and his associates, in an unceasing warfare upon the hostile Indians, had so reduced their numbers and disheartened those who remained, that the security of the territory justified what humanity demanded, a pacification. A miserable con- test, which was unworthy the name of a war, on the part of this nation, has been terminated. The sluices of reckless and27 extravagant expenditure which had been opened, and through which the treasure of the country had been poured out in a profusion almost boundless, have been closed. Strict accoun- tability and rigid economy have been enforced, and have been practised ; and this drain upon our resources has been dried up, it is hoped, for ever. A hardy population, capable of tak- ing care of themselves, has been invited to occupy the rich lands of the territory, by offers of gratuitous grants, fully ade- quate to their support. The same determination to settle existing difficulties, has caused an adjustment of one in which, from your local posi- tion, you have taken an interest. I allude to the recent treaty with the Senecas, by which a controversy that had excited the sympathies of the whole country, and which threatened endless litigation, has been settled on terms of justice to ail parties. While thus cultivating peace, and seeking to establish order and justice, the Executive has not been unmindful of threat- ened indignities or violations of our rights. The signal re- buke which the Govern ment of Mexico received for its ground- less complaints and its empty menaces, seems to have been as effectual as it was satisfactory to our fellow-citizens. Other measures might be enumerated of less general im- portance, but all evincing the sedulous care of the President and his Administration, in watching the great interests in- trusted to their charge. The quiet and regular operations of the different departments, moving in their appropriate spheres with order, accuracy, and despatch—disposing of the vast amount of business which our extended country, with its various interests, constantly presents, without embarrassment or difficulty, although not calculated to arrest attention, are yet of more importance to the permanent and steady welfare of the people, that many of those single and brilliant acts which attract the notice of men. I may be permitted to remark, that the manner in which these operations have been conducted, throughout a year, during three-fourths of which a Congress has been in session, distinguished for its numerous28 calls, requiring extraordinary labor, may be inferred from the fact, that the voice of complaint on the subject has not been heard. You haye had the kindness, Gentlemen, to allude to my own position, and to say that it has been the subject of misap- prehension and of misrepresentation.. Reluctant as I am to prolong a communication already too extended, I have no right to disregard that reputation which is the property of my children, and to some extent of my country—and I am there- fore compelled to speak of myself. With respect to my accep- tance of a seat in the Cabinet, it is proper to state, that it was made after consultation with the prominent men of the State of New York, then my political associates, comprising the State officers, with one exception—all the members of the Senate to whom access could be had—many members of the Assembly, and a large number of our most esteemed citizens ; and upon their advice, without a single dissenting opinion. The press throughout the country, particularly the whig press, spoke favorably of the appointment, and furnished evi- dence of the general sentiment of that party. Nothing has occurred to change my own conviction of the propriety of accepting an office which was tendered without solicitation, nor to render the reasons and motives which induced that course, less obligatory in requiring a continuance in the same station. Facts which came to my knowledge, before I com eluded to accept the offer of the President, and some of which have been stated in this communication, satisfied me that the impressions produced by the manifesto of certain Whig mem- bers of Congress, which did not receive the sanction, and was unknown to very many of those whose views it appeared to express, were erroneous and unjust towards the President, and that motives and objects had been ascribed to him, with the semblance, but without the reality of truth. And between his principles, as explained to me, and my own, I found no incon- gruity that could prevent a hearty co operation. We had co- operated in Congress on all important occasions; and on the same committee that conducted the memorable investigation,29 in 1819, into the affairs of the Bank of the United States, where we had stood shoulder to shoulder, battling against the frauds, the corruption and the power of that institution, on common grounds and congenial principles. We had together been Republicans of the old school—maintaining the same doctrines, and combating the same political enemy, long pre- vious to, during, and after the war of 1812. In 1828 and 1829 ,we had made common cause against the Administration of John Quincy Adams, and had united our efforts to bring General Jackson into power. When the measures of his Ad- ministration, in our judgment, evinced a departure from what we conceived the principles upon which he had been elected, however pure and upright may have been his intentions, we together avowed our opposition to those measures, and went into a minority against the strongest party, and the most popu- lar leader of it, that has existed in this country since the days of Washington. During these scenes there had been a general similarity of sentiments and congeniality of views. With him I denied, that in the contest of 1840, a National Bank had been the test of political orthodoxy; and although the occasions for presenting my views had not been so frequent or so public as those which the President had possessed, yet were they well known to political friends and opponents. There were, there- fore, between the President and myself, political affinities as strong and as numerous as could well exist between persons living so remote from each other. In the conduct of his Administration, he has not departed from the principles which we held in common. He has carried out, or attempted to carry out, all the views and objects which were avowed as the designs of the reformation of the Govern- ment in 1840. He has refused to assist in measures which are claimed by some to have been among those objects, but which he and I, and thousands of others, deny to have been such. In all this, I have found no cause for refusing to con- tinue such advice and assistance in the administration of the Government as the President may require, and a sincere desire30 to promote the best interests of a beloved country, may enable me to render. These views and sentiments are presented to you, Gentle- men, in explanation of my position, and in defence against the reproaches which have been cast upon me, for not resigning the office I hold. I cannot lend myself to the vindictive feel- ings which Whig members of Congress, and their associates, entertain towards the President: I cannot be a party to the torrent of vituperation which has been poured out upon him. I cannot consent to aid, in any manner, the success of a party which goes before the people, demanding that it may be in- trusted with power, for the purpose of incorporating a National Bank. I am not in favor of an alteration of the Constitution, to abolish the Executive Power of returning to Congress, for their more mature consideration, bills which may have passed in haste, or inadvertently, or upon mistaken principles. 1 deny that few and unimportant abuses of conservative and suspensive power like this, even if they existed, which in their nature must be temporary, furnish any good reason for abol- ishing the power itself, and leaving all legislation without check, and without opportunity for revival, to a multitudinous Congress. I am not for a distribution of the proceeds of the land sales, when that distribution will cause the imposition of taxes beyond the wants of the Government, merely to supply the very deficiency it causes. Finally, I will not consent to have any man forced upon me, as my candidate for the Pre- sidency, by associated clubs, to forestall the action of a con- vention, or by the denunciations of personal partisans. I doubt not but this exposition of opinions will be deemed, by those partisans, but a continuation of the sin committed in 1839, in having used my best exertions to prevent the nomination of Mr. Clay, at the Harrisburg Convention. That sin has already been deemed sufficient cause, by those assuming to speak for the party in our State, for pronouncing a sentence of excom- munication against those who committed it. With regard to some, that sentence has been promulgated, while it is sus-31 pended over the heads of others. Freedom of thought and independence of opinion, in the choice of a candidate, even before a nomination, have become deadly crimes in the esti- mation of those whose severest reproach against their oppo- nents, within a few years, was their slavish adherence to party, and their blind devotion to one man. So be it. A party which commences with the proscription of all who will not worship the same idol, at the very time when it is seeking to gain strength and numbers to its ranks, gives us a foretaste of the sacrifices to be offered on the same altar when power shall serve inclination. The occasion seemed to demand this exposition of my views, as I desire to deceive no one, by wearing, or appearing to wear, colors that do not belong to me. Regretting that 1 have not been able to command more time in the preparation of this letter, and trusting that the fact will be received as an apology for whatever imperfections of language may appear, I subscribe myself, With great respect, Your friend and fellow-citizen, JOHN C. SPENCER. To Messrs. Lewis K. Faulkner, William C. Storrs, Monroe County General Com- A. H. Joses, ' miltee. Enos Stone, Lewis Bixby, Joseph Strong, Jared Newell, E. B. Wheeler.