•'^;s- v?' RESERVE. ZrOPwAQE ^. X Class Book PRKSENTKD BY GEO. B. MASON, ^^^ / / ) / THE f / ^ POLITICAL MIRROR: / OB REVIEW OF JACKSOJflSM. ^ I send you here a little book, for you to look upon, Where you may see a Herd's face when he is past and gone. John Rogers' address to his children paroditd. NEW. YORK: PUBLISHED BY J. P. PEASLEE, No 49 CEDAR STREET. 18^5. 4|f .^^ ^ A. Entered according to the act of Congress, in the year 1835, by J; P. Peaslee, in the Clerk's Office of the District Court of the Sduthern District of New-York. p. Fanshaw, Printer, New^York. ■l^.' ADVERTISEMENT. It being the design of the following pages to present to tne 'public a condensed view of the great political questions, which have long agitated and still do agitate the country, and to por- tray, faithfully, the principles and the progress of the revo- lution through which the country is now passing — resort has been had to the best sources of information and illustration ; and in their use the arguments and language of others, have been freely employed, without acknowledgment, as common stock for the common benefit. The work contains much in- formation, upon facts and principles, which is valuable to all : it will enable the citizen who interests himself in the public weal, to connect events which the broken and imperfect channels of the daily journals cannot convey in regular and available order ; and will be, particularly, useful to those whom general occupation, or secluded situation, prevent from keep- ing pace with the measures of the administration and the progress of political parties : it contains an abstract of the principles, motives and conduct, of those parties ; and the Whig, may find, in it, reasons to sustain his own course, and, probably, to enlighten and animate his neighbour. Should such be the case, he will be in the performance of a duty, when giviniT it the greatest circulation in his power. CONTENTS. ■ DEDICATION TO THE PEOPLE OF THE UNITED STATES. 1 Dangers to popular government. 2. Preventive in the Constitution— How destroyed. 3. Political revolution, what. 4. Country actually engaged in revolution — may be arrested, how. 5. Nation divided into two classes— speculative and practical— descrip- tion of them. ';'. • 6. The nation in danger from conspiracy cannot rely on the former : but must depend on the latter. 7. Appeal, to the practical class. 8. Notice of public men. CHAPTER I. OF PARTIES IN THE UNITED STATES. \j. 9. All free States obnoxious to parties; of what kind. 10. Parties essential to their safety— When dangerous. 11 Reasons for this essence of party. 12. United States fortunate in having .parties of a general character. 13. Character and result of party action. 14. Momentary cessation of parties in the United States. J5. Instrumentality of Mr. Monroe in producing this. 16. The peace deceptive — New combinations. 17. Candidates for the Presidency easily selected by the old parties— why- Course of office. 18. Calm before the storm. 19. Rotation in office— what. 20. The true principles in relation to office. 21. Such principles acceptable to the mass of the people. 22. Candidates for office under the ancient parties. 23. Change in the character of parties — several personal parties formed — denunciation of caucus— wherefore.— Candidates for the Presiden* cy in 1824. CHAPTER II. ELECTION OF 1824. 24. General Andrew Jackson selected as a candidate for the Presidency, 25. State of the electoral vote. General Jackson had not a plurality of the people's votes. 36. Election devolves on the House of Representatives. Duties of the House. 27. State of parties in the House. 28. Mr. Clay and his friends determine the election in favour of Mn Adams. 29. Claims of Mr, Adams. 30. Remarks on Mr. Clay's course. 31. State of the vote in the House. 32. Effect of the Congressional election. V VI CONTENTS. CHAPTER III. ADMINISTRATION OF MR. ADAMS. 33. Principles of Mr. Adams' administration like those of his predeces- sors. 34. Exhibited in his inaugural address. 35. Mr. Adams' views particularly liable to misconstruction. 36. Mr. Adams' wishes in relation to party. 37. Principles on which he formed his cabinet— and made appointments to office. 38. Injurious effect of these principles upon his popularity. 39. His policy, exclusively, American. 40. Favourite objects of his policy. 41. Inducements to the Panama Mission. 42. Results anticipated by the administration from the convention. 43. Views of previous administrations on the interests involved therein. 44. Very important results of Mr. Monroe's declaration. 45. Character of the Panama Convention. 46. Deference of Mr. Adams for the co ordinate departments of the Gor- ernraent, in preparing the Panama Mission. 47. The Mission approved by Congress. 48. Opposition against it. 49. Character of the opposition. .10. Difference of opinion on the American System, no ground for parties relative to the administration. 51. Dangerous nature of the workings of party on the "American Sys- tem." 52. Important that the system should be understood by the country. ,'53. Power to lay taxes for other purposes than revenue long exercised. 54 Interests involved in this question. 55. The American System becomes, apparently, the settled policy of the country — Its scope. 56. Active opposition excited against it. 57. Source of the power to enact a protective tariff. 58. Principles on which it is opposed. 59. Modified admission of the power 60. Congress may lay taxes for the regulation of commerce, but not for the protection of manufactures. 61. Various views as to the extent of the admitted power of taxation. 62. Remarks on the opinion that the power of taxation is limited by the enumerated powers granted to Congress. 63. The right to lay taxes for other purposes than revenue results from every construction of the taxing power. 64. Of the expediency of exercising this power. 65. Violent opposition proposed to it. 66. Of the right of the General Government to appropriate its funds for internal improvements. 67. Consequences of a construction denying this right. 68. Construction supporting renders the Constitution consistent. C*'. Of the extent of this right. 70. 'Hi^ powers to raise and appropriate monies for the public welfare are i:)separable. 71. Such dependence, the effect of design. 72. Views which support this construction. 73. What is the limitation to the exercise of this power. 74. The practice of the Government, what. 75. The power to make certain internal improvements depends on the enumerated powers, «*^. The expediency of using the power for internal improvement. CONTENTS. Vll 77. The use cannot be abandoned. Other objects of Mr. Adams' policy disposed of. CHAPTER IV. OPPOSITION TO THE ADMINISTRATION OF MR. ADAMS. 79. No substantive difference between the principles of the administra- tion and its opponents. 80. Who were the malcontents? 81. The question answered. &-2. Inducements of certain southern sections to oppose Mr. Adams' ad- ministration. His opponents unite in the cry of corruption. 83. Removal of the publishers of the laws, inquired into. 84. Heats produced by this inquiry. 85. Other .subjects introduced for party action. 86. History of the pretence of retrenchment. 87. Injustice to the administration of Mr. Adams— Summary. 88. Progress in the formation of a new party. 89. A design to control the public press avowed, by Mr. Van Buren. 00. Position of Mr. Van Buren in 1827. 91. His measures. 9-2. Proofs of the combination. 93. Components of the combination. 94. Reciprocal concessions of the northern and southern partisans. Mr. Van Buren's otfering. 95. Oltject of Mr. Van Bui en's visit to the South. 9G. Motive of the combination illustrated by the conduct of Mr. Ran- dolph. 97. General Jackson selected by the combination. CHAPTER V. QUALIFICATIONS OF GEN. JACKSON FOR CIVIL EMPLOYMENT. 98. Claim of irresponsibility for General Jackson. 99. Reasons for denying this. 100. Exalted intellectual power ascribed to the General, by an English panegyrist. 101. Supernatural intelligence attributed to him by an American— depen- dant. 102. Exaggerated praise begets inquiry. 103. Birth and education of General Jackson. 104. Si;ttles at Nashville— success there— enters into public life. 105. Proves incompetent to the civil offices to which he was appointed. 106. His martial tastes. 107. Enters the service of the United States— disobeys orders. 108. He is engaged in the Creek war. lO'l. The General's conduct in the campaign. 110. The subject of great eulogium. 111. Award of the historic muse. 112. The General receives a commission in the regular army. 113. First Florida campaign. 114. Remarks on the campaign of New Orleans. 115. Proclamation of martial law. 116. E.xamination of the reasons alleged therefor. 117. Case of Mr. Louaillier and others. 118. The General's conduct rebuked by the administration. 119. Public opinion of Jackson's character. 120. Causes of the Seminole war. Vlll CONTENTS. liJl. General Jackson disobeys orders in raising troops. 122. Enormities of the Seminole campaign. 123. Charges against the General. 124. How disposed of. 125. The General's ignorance and disregard of the laws again exemplified. 126. The Florida campaign is not the boast of the General or his flatterers. His conduct reprobated by Congress. 127. General Jackson, Governor of Florida. His tyrannical conduct. 128. Proceedings against the Spanish ex-governor. 129. Comment tliereon. 130. Nature of the ordinances of General Jackson in Florida. 131. Effects of these ordinances upon the inhabitants. 132. Disability of General Jackson for civil employment as deduced from his life. 133. General Jackson elected to the Senate in 1824, resigns in 1825. 134. Military glory frequently obtained without ubility. 135. How has the General become popular ? J36. Admirably qualified as the agent of party. CHAPTER VI. ELECTION OF GENERAL JACKSON TO THE PRESIDENCY AND COM- MENCEMENT OF REFORM. 137. General Jackson chosen President. State of the electoral vote. 138. Causes of his election. 139. Doubts of his political principles. 140. Letter to Mr. Monroe, principles therein supported 141. The General becomes the slave of party. 142. Violent emotions of party cupidity. 143. Avowal of venality by the party presses. 144. Corruption of the press. 145. Proscription becomes the policy of the administration. 146. Presidential policy as exposed in the inaugural speech. 147. New source of power opened for the Pre.=!ident. 148. The nature of this power further exhibited. 149. Further illustration. 150. What abuses required reform. 151. Rapidity and extent of reform. 152. New tenure of office. 153. Abuse of the power of appointment— bribery, change of the constitu- tion, plan of a great natfonal party. 154. Influence of the appointing power extended and systematized. 155. President's reasons for changes in office. 156. Conditions on whichmembersof Congress are to be appointed— appli- cants for change encouraged. 157. True sense of rotation in office. 158. Present necessity for manifestation of the President's views in rela. tion to office. 159. General Jackson's Letter to the Legislature of Tennessee, disapprov- ing the appointment of members of Congress to office. 160. Many appointments made by the General from Congres.=?. 161. Number of officers and dependents upon the President in the United States. 162. Case of illu.stration from Boston. 163. Case from Ohio. 164. Case in the War Department. 165. Case of proposed bargain between applicants. 166. Case of reward for indecent violence. 167. Reprobation of the President's course by an administration editor. 168. Unconstitutional exerciae of the appointing power- CONTENTS. JX 16'J. Theory of Mi- Jefferson, in his letter to Mr. Gerry. 170. Practice of Mr. Jefferson — Case of Col. Allen McLane. 171. Gross contrast between the practice and theory of the Jackson ad- ministration. CHAPTER VII. VIEW OF THE PRESIDENTIAL POWER RELATIVE TO APPOINT- MENT TO AND REMOVAL FROM OFFICE. 172. Division of political powers in free governments. 173. How made in American Constitutions generally. 174. Counter checks in the Constitution of the United States 175. Every department derives its powers from the Constitution. 176. The Governments of the United Stales, are limited Governments. 177. Singular dread of legislative encroachment. Slender provision against the Executive. 178. Confidence of the first Congress in Presidential discretion. 179. Analogy between the Executive power in England and America. In- road on the legislative power in the former. 180. Federal Convention did not overlook the danger from Executive power. 181. Provision against abuse of Treasury influence. 182. Precautions against Executive power, hitherto, vain. 183. Appointing power wisely lodged, with the President : but, it is desira- ble that the power to remove should not be so vested. 184. Remedy for evils arising under the express provision, and under the construction, of the Constitution. 185. Various opinions relative to the power to remove from office. 186. Reasons for supposing it vested in the President alone. 187. Reply to these reasons. 188. Reasons for supposing the power in the President and Senate. 189. Reasons against such supposition. 190. Reasons for supposing the power subject to legislation. 191. Arguments against it. 192. No experience upon this question when first decided in Congress. 193. Appointing and removing power in Pennsylvania. 194. Reasons for the decision of the question. 195. Prophetic views of the opponents of the power. 196. Limited views of the power by its friends. 197. Extraordinary nature of the decision on this subject. 198. The evils of this power to be remedied by the people. CHAPTER VIII. CONGRESSIONAL MESSAGE OF 1829. DEVELOPMENT OF TH0 POLICY OF THE JACKSON ADMINISTRATION. ]!>9. Settled state of the foreign policy of the United States. 200. Unsettled condition of our domestic polity. 201. President's message, 1829. — New propositions. 202. Change of the constitutional mode of electing President. 203. Rotation in office. 204. Protection of domestic manufactures. 205. Internal Improvement prostrated. 206. Veto of the President, on the Maysville road bill. 207. Power acquired to the President thereby. 208. Oblation to southern policy. 209. Inconsistent use of the veto. 210. Character of the Maysville message by Mr. Clay, X CONTENTS. 211. Further development of the views of the administration on the Amer- ican System. 212. Narrow rule of expediency adopted by the administration. 213. True rule for determining the nationality of a subject of internal im- provement. 214. Other causes assigned by the President for his veto. 215. Results of the President's policy. 21G. President's power in legislation considered. 217. Character of the veto/ 218. Views of the veto power in the Convention. 219. Abuse of the veto power by President Jackson. 220. True objects of the veto power. 221. E.vercise of this power by the several Presidents of the United States. 222. Effect of the power when Congress is unbiassed by the President. 223. Policy of the nation relative to Indian tribes. 224. Prospects of the Cherokees and other southern Indians. 225. Their relations with the State of Georgia. 22G. Relations with the United States.— Right.s of the latter. 227. General principles in relation to the intercourse between the Indians and the whites. 228. Concurrence of Georsria in those principles. 229. Relations by compact between United States and Cherokees. 230. United States to extinguish the Indian title in Georgia. 231. Cherokees demonstrate a determination to retain their lands. Geor- gia seizes and divides them. Cherokees appeal to the United States. 232. The Jackson administration refuse to interfere. 233. Treaties and laws relating to the Indians disregarded. 234. The case admitted to be one of great difficulty. 235. Measures of the administration in relation to it. 236. How viewed by the Indians. 237. The Cherokees will not quit their homes 238. President, prematurely, broaches the re-charter of the Bank of the United States. 239. True cause of the untimely suggestion. Government Bank proposed, 240. Nature of a Government Bank. 241. Would have boundless and baleful patronage. 242. Views of this Bank by Committee of Ways and Means. 243. Committee qualify their reproof in tenderness to the President. 244. True light in which the report exhibits the President. 245. Sense of the nation against the views of the administration. 24(). House of Representatives not yet, overcome by executive influence. 247. Its intractableness ascribed to President making. CHAPTER IX. HOW TO DISPOSE OF A RIVAL. 248. Mr. Ca4houn's views in supporting General Jackson. 249. Magical opposition to his wishes. 250. Dependence of presidential aspirants upon General Jackson. 251. Search after means to make a quarrel between the President and Vice President. 252. Success of the search. 253. Mr. Calhoun made auxiliary to his own injury, 254. Preparation of the explosion. 255. The development of presidential hostility. 2.56. The expose. Proclamation of his innocence by Mr. Van Buren. 257. What should be the judgment upon the evidence? 258. True view of Mr. Calhoun's conduct in the Seminole bueincBB. 260. Consequences of the quarrel. CONTENTS. XI CHAPTER X. A UNIT FRACTURED BY MAGIC. 261. The Jackson administration begotten in the likeness of its father 262. The Cabinet. 263. Its centrifugal force. 264. Mr. Van Buren's resignation. His reasons 265. Mr. Eaton's resignation, and his reasons. 266. Expulsion of Messrs. Ingham, Branch and Berrien. 267. True reasons for the dissolution of the Cabinet. 268. Private griefs and female influence. 269. The President seeks to extend his influence into the Washington saloons. 270. Uses of adversity — to discarded statesmen. 271. Reason for retaining Mr. Barry. 272. New Cabinet. CHAPTER XI. ABASEMENT OF THE UNITED STATES. 273. Mr. Van Buren stoops to conquer. 274. He announces himself as a candidate for the Presidency. 275. Is nominated Minister to the Court of St. James. 276. Ordeal of the Senate. Charges of anti-civism. 277. Foreign commercial policy of the United States. 278. Commercial policy of Great Britain, European and colonial. 279. Contest between America and Great Britain for the colonial carrying trade. 280. West India trade under Mr. Adams' administration. 281. State of the trade with the West Indies. 282. Use made of this question in the presidential canvass. 283. Instructions of Mr. Van Buren. The attainment of the trade a party measure. 284. Unpatriotic character of the instructions. 285. Previous and contradictory views of Mr. Van Buren. 286. Act of Congress, 1830, relative to the colonial trade. 287. That act annulled by the negotiation. 288. Nature of arrangement with Great Britain. 289. Consequences of the arrangement. 290. Avowal of the British. 291. Mr. Van Buren's disposition to dispense with the laws. 292. Humiliation of the country. 293. American produce transported through Canada. 294. Comments on MrJ Van Buren's negotiation. 295. Rejection of Mr. Van Buren. Causes assigned. 296. The President assumes Mr. Van Buren's sins. CHAPTER XII. VIEWS OF THE PROTECTIVE SYSTEM. 297. Oppostion to the Tariff in the South. 298. Opposition invigorated by the approaching extinction of the public debt. 299. Difference of opinion as to the manner of reducing the debt. 300. Conventions held by the respective parties. 301. Sketch of the views of the several parties proposed. Xll CONTENTS. 302. Manufacturing system originated from the South. 303. Commercial policy of Great Britain. 304. Protective measures against it in America. 305. Capital turned to manufacture chiefly, by aid cji joint stock compa- nies. 306. General system of protection introduced-— Opposition to its progress. 307. System should be modifled, if it operate unequally. 308. The allegation of inequality unfounded— Prosperity of the country. 309. Causes of this prosperity. 310. Free trade desired by the South — Visionary and impossible. 311. Additional duty does not necessarily enhance price. 312. Duty designed as bounty to the manufacturer becomes bounty to the consumer. 313. Protecting duties give a new market for southern cotton. 314. The import duty is not, in effect, an export duty. 3J5. Producer not the payer of the duty. 316. Producer pays only as consumer. 317. The South may engage in manufactures. 318. Agricultural products enhanced by manufactures. 319. Manufactures indispensable in war. 320. Repeal of the import duty will not increase the exports. 321. The South claim, the reduction of duties to the revenue standard. 322. That the duties on imports are paid by the producer of the exports. 323. That, there is no conflict between foreign and domestic industry in our market. 324. Illustration of the inequality of the operation of import duties. 325. Further allegations of inequality. 326. The contest, is between the southern planter and northern manufac- turer. 327. The interest and the right of the southern planter coincide in free trade. 328. The protection demanded by the manufacturer is against southern in- dustry. 329. Northern manufacturers have no more right to protection than south- ern producers. 330. The import duty does fall on the producer of the export. 331. The question not varied whether the return of the export be in specie or coin. 332. A change is wrought in the value of specie — How 333. Condition of the planter receiving money for his cotton. 334. Other articles how affected by depreciation of specie — in the North. 335. How in the South. 336. Summary of the southern statesmen. 337. Inequality more burdensome by the place of the expenditure of the revenue. 338. Desolating effects of the tariff system upon the South. 339. Exaggeration, in the views of both parties— Prosperous condition of the South. 340. The South injuriously affected by the tariff— How 341. Diversity between the interests of the North and South— What. CHAPTER XIII. NULLIFICATION AND PROCLAMATION. 342. Efforts of the several parties upon the tariff on payment of the public debt. 343. South Carolina, threatens nullification. 344. Principle of the resolutions of Kentucky and Virginia in 1798. CONTENTS. XIU 345 Analytical exposition of the new faith by a chief priest. I. The General Government, is a conipact between the States, not be- tween the people. II. The right of the General Government to deterniine its own pov/- ers", incompatible with the Constitution. IIT. Each party to the compact, has a right to construe it for hirnsein IV. If the State, and General Governments conflict, a Convention of States may be invoked. "V. Supreme Court not competent to decide between them. vi. If competent not to be trusted. VII. The Government is not one of majorities, but one of constitu- tional rule, which can be preserved only by the right of nulli- cation. . ^. , VIII. And if the General Government attempt to enforce the laws the State may secede. 34G. Exposition of the true principles of the American Government. I. The Constitution of the United States forms a Government, not a league. ^ , . , , II. Is a Government, framed for the people, from which there is no secession without universal consent. III. The Union is formed by compact, and therefore cannot be dis- solved without assent of the parties— Opposition to it is trea- son. . IV. Tlie individual States have transferred to it parts of their sover- eignty, and in this transferred sovereignty the United States are supreme. V. This supremacy vain if any one State may rightfully resist it. VI. The Constitution has provided several modes to determine its powers. VII. Cases cognizable by the Supreme Court. VIII. Resort may be had to elections, when ; And to the power of amendment given in the Constitution. IX. The Government is one of the majority, within the principles of the Constitution. X. Consequences flowing from adverse doctrines. 347. Nullification is disunion, civil war. 348. South Carolina proclaims nullification and threatens secession. 349. And an appeal to a Convention. 350. President of the United States fostered hostility to the tariff system. 351. Protest against the doctrines of the President. 352. President enforced by his position to resist nullification— His procla- mation. 353. Counter proclamation of South Carolina. 354. Prospect of civil war in that State. 355. Adversary measures adopted by the State— and United States. 356 Sudden change of disposition in South Carolina— Temper of other southern States. 357. Combination of causes for modifying the tariflt. 358. Admirable efforts of Mr. Clay— Their acceptation. 359. Measure of the South Carolina Convention— Injury to the State. 360. The triumph of South Carolina. 361. Not due to President Jackson. CHAPTER XIV. ELECTION OF 1832. 362. Popularity of the President despite of his opposition to the popular will. 363. Causes for this. 364. Direct interference of the President in elections. XIV CONTENTS. 365. Appeal of the President to the people. 366. Effect of party operations on the people. 367. Result of the election of 1832. CHAPTER XV. THE ATTEMPT TO TAKE FROM THE NATION THE PUBLIC LANDS. 368. Reprehension of the attack of the administration on the public do- main. 369. Derivation of the public lands. 370. Management of public domain. 371. Cost and product. 372. Proposition of the President to give away the public lands. 373. Reasons assigned in favor of this proposition. 374. Reasons against it. 37.5. Mr. Clay's proposition to distribute the proceeds of the public lands. 376. President's proposition to distribute surplus of public revenue.— Ob- jections against it. 377. President negatives the Land Bill. 378. Review of his reasons. 379. Refutation of his reasons. CHAPTER XVI. THE WAR ON THE BAfJK. 380. Control of the moaetary system, one of the objects of the Con« stitution. , 381. Currency, what.— Permanency ai^d Uiiifortfiitycssential to it. 382. Powers of Congress and restraint on the States.' . ' , 383. Constitutional right of Congress to establish a ftaiik.' "' 384. Considerations of the expediency of a Bank.' Its hia(ory. 385. Has the Bank established a sound and uniform currency? 386 General depreciation of currency — causes and effects. 387. Contrast wrought by the Bank. 388. Condition of the Bank when assailed by the administration. 389. Banking institutions liable to abuse, when — how. '' 390. Dangers from combination of Banks — New York Safety Fund and Mr. Van Buren — War on the Bank ascribable to him. 391. Nature of the New York Safety Fund. ' . 392. Attempt to convert the Bank of the U. S. into a political agent. 393. Suggestions of the President to Congress. .394. Opinions of Congress on the Bank. 395. Application of the Bank for recharter. '' 396. Inquiry into the conduct of the Bank — Results. 397. Bank bill vetoed by the President. 398. Extraordinary and pre.sumptious reasons for rejection. 399. Refutation of his reasons by the Secretary of the Treasury. 400. The President insinuates the corruption of Congress. 401. The President falsely proclaims the insolvency of the Bank; CHAPTER XVn. WAR ON THE BANK CONTINUED — SEIZURE OF THE PUBUC TREASURE. 402. Bank of the United States a depositary of the public revenue. 403. Condition on which this privilege was granted. 404. The administration resolves to abstract the deposits. CONTENTS. XV 405. Cabinet councils at Washington— opposed the removal— wliicli was sustained bv the kitchen cabinet. 406. Change of the "Secretary of the Treasury made to effect the removal • —Mr. Duane, the new incumbent proves refractory. 407. His views OT the object of the removal— The President's dissimulation. 408. Mr. Duane prepares instructions for inquiry— is compelled to alter them by the President. 409. Results of inquiry-. 410. Cabinet Council of 18 Sept. 1833. Exposition of the President's ■'views. ..■■ !'■■■ 411. The President publishes his intention to remove the deposits. 41-2. Effect of removal on the public prosperity. 413. Message of the President to Congress, December, 1833. Comment thereon. 414. Report of the Secretary— Principles— and facts. 415. Principles on which he based his power. 416. Nature of the contract between the Government and Bank. 417. Nature of the Secretary's power. 418. His power to contract with other depositaries. 419. Practice in relation to thip subject. ,, 420. Of the right of this power. .: ' 421. Of the consequences of such power. 422. Number of State Banks— their condition. 4-23. Measures for correcting the currency: 424. The Executive not empowered ta regulate the treasury. 425. The influence of the Treasury— Banks dangerous to political purity and to the Uni,on. 426. Metallic currency— inexpedient and impossibfe. CHAPTER XVIII. WAR ON THE BANK CONTINUED— ALLEGED OFFENCES OF THE . BANK. 427. Reason of fact a.=?signed by the Secretary for removing the deposits. 428. Secretary, npt warranted in presuming fhat the B^nk would not be rechartered — his reasons considejjed. i, , ,;, - , - 429. Public opjnion not against the ?^nj., 430. Reduction of the discounts of the' Bank refuted. 431. Charges of inismanagemeint of ilhe Pank. 1. That it ^deavoHreo. to conceal-, its affairs, by te-ansacting thena through conimittees, from vi^|iichit excluded the Government Di rectors. ' " , '■ .' , ., 2. That it concealed its conduct relative to the payment of the three •percent stocks. .-■ ,• , , ',,.,■■ <\ , U ' 432. Charge against the Bank for consulting its own interests— Case of the French Bill. 433. Charge against the Bank of interference in politics, consideredj 434. Case of the pension agency. , , y^.i, , ,, ■ j- 435. Case of Branch drafts. 436. Charg,e of multiplying branches. '" CHAPTER XIX. THE JUDGMENT OF CONGRESS UPON THE SEIZURE OF THE PUB- LIC TREASURE. ■ •' . ; U 437. Attempt to divert the attention of Congress from the acts of the Secretary., ., ., jf''±:'--'- ' ■ 438. He is protected by the influence of the President and party. XVI CONTENTS. 439. Remonstrances of the people against the removal of the deposits. 440. Undignified conduct of the President — He is secluded from the people 441. Disposition of the Secretary's reasons in the House of Representa- tives. 442. Committee of inquiry appointed— Its reception by the Bank. 443. Committee of inquiry from the Senate — How received. 444. Report of the Committee from House of Representatives. 445. Proceedings on the Secretary's resolutions in Senate. 440. Bill for the disposition of the public monies— How disposed of. CHAPTER XX. EXECUTIVE ASSUMPTIONS OF POWER. 447. Exposition of the claim made by the President to control all officers appointed by him. 448. Rebuke of this power by the Senate, as e.\ercised over the Secretary of the Treasury. 449. The doctrine of responsibility as set forth in the President's protest to the Senate. 450. Review of those doctrines. 451. President claims the right, independent of Congress, to manage the Treasury. 452. Senatorial rebuke of the protest. 453. Efforts of the President to engross exclusively the power of appoint- ment. Cases of the Bank Directors — and others. 454. Case of the Turkish mission. 455. Defeat of the President's efforts to subject the Senate. 456. Success of those efforts in the House of Representatives.— Case of Mr. Stevenson, the Speaker. 457. Mismanagement of the Post Office Department. RECAPITULATION. 458. Future influence of the principles of General Jackson — Principles of the present parties in the country, I. On the President's right of appointment to, and removal from office. II. On the influence of office-holders in elections. III. On protecting duties and internal improvements. IV. On the disposition of the public lands. V. On the veto power. VI. On the presidential pretence to initiate laws. VTI. On appeals from Congress to the people, by the President. VIII. On the right of the Senate to seek and expose abuses in public affairs. IX. On the obligation of treaties and laws, upon the Executive, and of justice and contracts, upon the nation. 459. The country again divided into two great parties— the revolution in progress can be stayed only by reformation — unanimity iudispensa- ble to this end. TO THE PEOPLE OF THE UNITED STATES. Fellow Citizens : 1. - We are admonished by history, that tlie principal dangers to popular governments arise from tlie interfer- ence of foreign nations, either by force or fraud, in their con- cerns; or from the corrupt ambition of their own citizens seeking exclusive and forbidden powers. Our geographical position, in relation to foreign states, happily preserves us from the one, but incessant vigilance and activity on the part of the people are indispensable to protect us from ihe other. The workings of ambition, are frequently secret and insidious and are to bj detected only by the closest scrutiny. The grasp of power is tenacious, and demands prompt and ener- getic means to loose it. 2. Our unique and admirable Constitution, in the distribu- tion of the political power, has provided excellent safeguards against unhallowed ambition ; but these barriers may be broken down, virtually or formally; in either case, the union of the Executive department with the Legislative, or Judiciary, or the amalgamation of tlie three departments will convert our free government into despotism. 3. A change in the form of the Government is not necessary to political revolution. That will be effected when the sub- stantive distinctions in the organs of the Government are abolished. Thus, if the Executive, preserving the forms of law, but perverting its spirit, seize the public treasure de- signed tu be kept from his grasp — if, by the same means, he convert the agents of the people into the creatures and de-^ pendents of his will, — if, by the abuse of official patronage, he control the legislature — or if, by this or other means, he make the judiciary subservient to his wishes, he effects a revolu- tion as complete as if, like Csesar, he had entered the treasury with an armed force — like Cromwell and Bonaparte had, ex- pelled the representatives of the people from their seats, or 2 rST?vObuOTION. like James, through another JeSeries, adir.inistered vengeance instead of the law. 4. Such a revolution is in actual progress. Tlie administra- tion of the country has combined to vest in the Executive department virtually, the whole powers of the Government ; and so far has tiiis revolution already advanced, that its course can be arrested only by the power of the People. By the People we do not mean that portion of society in which ephemeral politicians are generated, wjio, like Esau, will sell their birthright for a mess of pottage, but, that mass of citizens who have no other interest in the Government, than the protection of the great rights of personal and political liberty — of personal security and of private property. 5. Our nation, as every other, is divisible into two great, classes; which, for want of more appropriate terms, we de- signate, as the speculative and the practical. -The one con- sists generally of citizens who do not live by the sweat of their brows ; but is not exclusively composed of tliese, em- bracinij labourers who would substitute the v.ork of their heads for the work of their hands. In the speculative class, where leisure and disposition for public aflairs exist, our statesmen, great and small, are commonly found. It is the proper sphere for party, and is always divided betv;een the parties of tlie day; and though formed of a small minority of the people, it directs the national concerns upon ordinary occasions; the practical class, comprehending the mass of the nation, being moved bj!- its convulsions. But when deep interests of the State are endangered, tlie latter class comes into voluntary action, and possessing irresistible physical and moral force, compels obedience to its will. Generally the in- dividuals of this class, absorbed in their domestic concerns, give too little attention to public affairs. Time is necessary for instructing and maturing their judgment ; but when en- lightened, that judgment is as sound as it is conclusive. 6. To that portion of the speculative class, unhappily large, which is bound to the dominant party by the possession of official, treasury, or treasury-bank favours, exposition of the errors or crimes of the Administration would be useless — it profits by them ; and it may be truly said, that there is no placeman nor expectant of place, whether in a high or low class, priest or layman, who is his own master. Of this truth, we shall give some striking illustrations. But the practical class, whose members neither hold places nor expect them, has every inducement to detect and correct abuses; They INTRODUCTION. 3 are essentially patriotic : With them selfishness itself is pub- lic virtue ; by the laws of moral necessity they are obliged to will their own happiness. 7. To the practical class of the community, then, we address ourselves, with the purpose of communicating such light as we can obtain in relation to the designs of their public ser- vants, in the confidence that they will not tolerate the as- sumption of unconstitutional power, but will, by the legitimate exercise of their force, restore the Constitution to its pristine sirength and purity. 8. In pursuit of our object, it may be necessary to speak free- ly of the public conduct of rnen, but we shall scrupulously for- bear their private lives, although with regard to public men inquiry into these might be lawful : for, as the basis of public virtue is private morals, the people have a right to demand of their servants that security for faithfulness which a well spent life affords. But as virtue and vice have their insepara- ble consequences, of which is the colour reflected upon the present by the past, it is scarce possible to refrain from ai^- isigning to a doubtful action, the motive known to have govern- ed, habitually, the actor. Thus, if one have, during life, been the slave of passion, arbitrary, and overbearing, prone to enlarge the power en- trusted to him, and it become a question whether he have illegally assumed power, he must suffer the prejudice which his life'imposes, as he would enjoy the benefit of a different reputation. CHAPTER I. PARTIES IN THE UNITED STATES. 9. All free states are obnoxious to party divisions, origina- ting either in difference of opinion, on the form of government, or on the mode of its administration ; or, in the selfish love of power, wealth or fame, which seeks individual gratification, regardless of the public weal. 10. Parties are frequently denounced, as injurious, in all their terms, to public happiness. Party, we are told, naturally runs into extremes, — is unjust, cruel, and remorseless in ex- cess, — rutliless in its war upon private character — unscrupu- lous in tiie choice of moans to obtain selfish ends, — sure even- tually to dig the grave of free institutions, and inevitably to end in military despotism and unmitigated tyranny. Such, we may, unhesitatingly, admit, to be the character of all par- ties which depend upon individuals, and, which have no other cement than the peculiar interest of their members; and such may, possibly, at times, become the character of parties found- ed on a broader and more general basis. Still, it appears to us, that the existence of parties of the latter kind is not only inevitable in free states, but indispensable to their preservation. It is certain, that no instance of such govern- ment without party has ever been known. 11. As laws are indispensable, so are agents for their admin- istration. These must have power, subsistence, consideration, which render their stations pleasurable and beget desire to perpetuate them. What shall check and restrain this desire within safe bounds, if it be not a passion for enjoyment as eager as itself, but which connected with patriotism, a more noble selfishness, seeks the particular, in the general, welfare. Again, a free state is in danger from the disposition of one portion of its citizens to adopt aristocratic forms and princi- ples, and of another portion, to pursue democratic license until they rush into anarchy or seek protection against it, in despotism. Aristocracy oppresses by the rigour and minute- ness of its rules, and stifles prosperity in the straitness of its policy, and is alike jealous of the power of the one as of the many. Democracy is impatient of all formal restraint, yet P .RTiES IN THE UNITED STATES. 5 submissive to its leaders; confident, as rash and mutable, in its determinations; and while it resists the uniform and sys- tematic sway of the few, is prone to yield to the arts of an individual. The demagcgue is the momentary, but not less dang-erous, king of the mob, who awaits opportunity, only, to consolidate and perpetuate his power. Our Government, liappily, is neither aristocratic nor democratic, but partakea in a measure of both. There will always be in it a tendency to rigid rule, which will animate one party, and a disposition to an unrestricted demagogical power, which will inspire another: but the struggles of these parties preserve the equipoise of the state. 12. It was long the fate, the fortunate fate of this country, in its colonial, as in its independent, condition, to be influenced by parties of this general character. Such were the proprietary or regal, and popular parties, which preceded the revolution : Such the whig and tory parties of the revolution, and such, the parties which, tor many years, succeeded that event. In- dividuals, doubtlessly, consulted tlieir personal advantage in the choice of party, but the great mass of partisans appre- ciated their leaders as the apostles of their peculiar faith, as their ministers for the promotion of the public good. The people were like mariners embarked in a vessel, which way common property, destined to a haven desired by all. Differ- ences might exist as to the course and mode of navigation, but no portion of the crew sought to obtain for themselves ex- clusive possession of the ship and freight; whatever party had the helm conducted the voyage for joint benefit. 13. Sucli was the character and such the result of party ac- tion, until the close of the administration of Mr. Monroe, when it seemed as if the principles of the respective parties had ceas- ed to struggle; as if parties, like individuals, having passed through the inexperience of youth, and the fierce passions of early manhood, had adopted new views of the subjects which liad divided them, with the sound and tolerant judgment of mature age. Each had ceded, progressively, somewhat to the other: and the development of the admirable qualities of the Constitution, evincing its adaptation to seasons of war, as of peace, had removed the doubts and fears which had created and sustained antagonist hosts. Their cohesion was dissolved, the masses reduced to their original elements, and the nation became all democrats, all federalists. 14. This was, emphatically, termed the era of good feelings. The dominant party was disposed to forget the errors of ita 6 Parties in the united states. adversary, and the vanquished to forgive its humiliation. The disputes which had arisen from adverse constructions of the Constitution were composed, if not extinguished, by the deci- sions of the competent tribunals; and whilst those decisions were gaining the solidity and veneration which time imposes, no new subjects for dissension appeared above the horizon. Universally respected by foreign nations, and unanimous at home, a halcyon season of political happiness seemed assured to the people. 15. Mr. Monroe was one of the very few among our states- men and philosophers, who believed in the possibility of con- ducting the Government without the creation of parties. His assumption of the presidential labours was cheered by the beatific vision of extinguished party feuds. It was a favorite portion of liis policy, by the extermination of all party divi- sions, to give new strength and stability to the Government, and it seemed, for the moment, as if, against all experience, he had been successful. 16. Alas the vanity of human wishes! This calm was de- ceptive. The elements of party strife, like those of the qui- escent volcano, were, though invisibly, still in action ; and combinations were forming, more destructive in their tenden- cy, than any which had previously existed. For, to resume the metapiior we have already employed, the contest among the crew of the bark, was about to be, not for the course to port, but, for the absolute property and possession of the vessel. 17. Whilst the members of either party were actuated by common principles, little difficulty had existed in the selection of candidates for the first office of the nation. In truth, a species of orderly succession was growing up which directed political honours and emoluments into a specific and narrow channel, to the exclusion of many men, who were as capable as they were ambitious, to participate in them. Thus, Mr. Madison and Mr. Monroe, the chief disciples of Mr. Jeffer- son, had succeeded him; and Mr. Crawford, a distinguished pupil of the same school, was the heir apparent of their place and their policy. In the subordinate offices, this succession was also obvious. Upon the death or removal of an incum- bent, some relative, friend or connexion of his, known, or well recommended to the President, succeeded him. Yet, it is a fact, from which a most beneficial lesson may be drawn, that, the public service was never better perform- ed than with such incumbents. The true principles in re- lation to office were understood and practised. Office was PARTIES IN THE UNITED STATES. J con-jiclercd as a public commission, created for the service of the people, as the state itself is constituted for their benefit. The emoluments of the otiice were not held to be the object of its creation; nor rotation in office the leading principle of republican creed. On the contrary, change in office was deemed a misfortune ; for, if it did not make an ingrate, it made, for the Administration, many enemies. 18. Could this condition of the state have been preserved, we should have attained, indeed, the highest grade of political happiness. Not only was there no fierce contention for place, but the principles of the Administration seemed to have settled into the '■^ juste millieu,^'' the centre, between the extremes of construction, which on the one hand gave too much and on the other, too little, power, for the safety of the state. But this might not be. If the possessors of power could have re- sisted the temptation to abuse it, those who coveted it, insti- gated by the passion which disturbed the peace of the very heavens, would not have refrained from attempting its over- throw. 19. The doctrine of rotation in office, as understood by politi- cal partisans, is most dangerous to the Constitution, and threa- tens, more than any other, the duration of our system. What is this doctrine"! It is, that offices are established, not as the necessary means of administering the Government, but for the support of individuals at the public expense, and that the in- cumbents are to be removed, from time to time, so that the people generally may partake of official emolument. The immediate effect of the doctrine is to awaken the cupidity of all the idle and ambitious in the land; to turn them from every consideration of patriotism in the formation of party attachments, and to substitute, for it, a blind devotion to pow- erful leaders. It hplds out the idea, that, all men are qualified for all offices, and decries the value of experience, faithful- ness and skill. It invites the momentary incumbent, to fraud and negligence — to fraud that he may make the most of an opportunity, avowedly given to him to enrich him, and to neoflijrence in fulfilling the duties of a station which he does not expect long to enjoy. But this doctrine is not more demoralizing than it is absurd. It may be acted upon to such extent as to be deeply injurious to the public welfare, but can never give, to a thousandth part of the people, participation in official emoluments. Even were we to limit its operation to such as are duly qualified, it must be obvious, that an at- tempt to reduce the doctrine to practice, would produce a change, every hour, in every office of the country. C» P.vaXIES IN THE IKITED STATES. 20. The proper principle is, that public officers are the ne- cessary agents of the people, appointed by them directly or indirectly, and removable, for malversation or incompetency, at their pleasure, and as the public interests may require. In this character, they are entitled to a just and moderate com- pensation for service ; and it is the interest of the people to continue them in office, whilst that service is faithfully ren- dered : And that faithfulness is best secured by making- it the condition, the indispensable condition, of continuance. To- vvards its servants the State should pursue the course of every prudent individual in his own afiairs, and never discharge a competent experienced and faithful agent, to receive others, in quick succession, who engage with the view of high w-ages and, perhaps, illegal vails, and whose capability for service, is acquired at the expense of the employers, — in a word, for men, ignorant of their business, who enter upon service, only, with the view of pillaging the master. 21. The propriety of these propositions will be disputed only by the office seeker. The great mass of the community which lives and thrives upon its labours, will readily admit them. The industrious agriculturist, manufacturer, merchant and mechanic, will recognize, in them, their true interests. To these, it is unim}X)rtant who serves them in the offices of state, as in the labours of their professions, provided they are skillfully served, for a just compensation. Yet, from su- pineness which cannot but be reprehensible, they suffer the country to be yearly agitated, and the public treasure to be despoiled by a few office hunters and office holders, the lat- ter of whom, as we shall hereafter see, most carefully avoid- jng to practise on the doctrines they have taught. 22. During the period of the old party contest, there was lit- tle embarrassment in the choice of candidates for office. The distinguished soldiers and statesmen of the revolution had claims founded on service and ability, which threw into deep siiade the pretensions of new aspirants; and whilst satisfied that such candidates represented the principles of the respec- tive parties, the mass was content and looked no further. 23. But the old parties were extinguished, and scarce any thing was left in the form of principle on which new ones could be organized. Instead, therefore, of two candidates claiming the public suffrage, on the score of their respective political principles, the nation beheld five, of the same party, solicit- ing support on the ground of personal character and influence, only. This converted the political contest, at once, into a Parties is the united states. 9 personal one ; in which partisans sought, not the advantage of the country, througli party action, but personal and exclu- sive benelits for themselves, in the form of oiiicial honours and emoluments. Still, there was a remnant of the democra- tic party, which lahoured to sustain its former influence ; sum- moning ancient partisans to select their candidate, by the an- cient mode of caucus, or general convention. But, that, which had been the most effectual means of party triumph, was now reprobated as tyrannical and unjust. The true ob- jection was, that it would crush the hopes of all the aspirants, save Mr. Crawford; and the friends, therefore, of all the others refused to submit their pretensions to its umpirage. A strong representation of the old democratic party, however, met in caucus and nominating Mr. Crawford, might probably have elected him, had not their candidate lost his influence with his health. The rival candidates were, Mr. Adams, sustained principally by the Northern States; Mr. Clay, who held an interest in the West ; Mr. Calhoun, who having little other support than South Carolina could give, soon abandoned the contest for the Presidency, and bcQame a successful can- didate for the Vice Presidency ; and General Jackson, who commanded the votes of several Southern States, and of Penn- sylvania and New Jersey, CHAPTER II. ELECTION OF 1824. 24. A large portion of the politicians who sought the over- throw of the Jefferson dynasty, turned their eyes upon Gene- ral Jackson. A combination of circumstances had peculiarly fitted him for their purpose. Military success had recom- mended him to the populace ; some plausible sentiments, on the selection of persons for office, and disregard of party dis- tinctions, addressed to President Monroe, had propitiated the remnant of federalism; equivocal declarations upon protective taritfs and internal improvements had made him acceptable to the antagonist parties on these interesting topics: But above all, ignorance of the Constitution, the lavi's, and civil duties, subjecting hisn to his advisers, recommended him to those whose ruling passion was the love of power. 25. These motives, though insufficient to effectuate his elec- tion by the primary colleges, procured him a plurality of electo- ral votes in 1324. But, by the Constitution, a majority of such votes was requisite to a choice. Still, it has been said, with equal perversity and error, that General Jackson was, at this election, t!ie choice of the peoyjle. The aggregate vote oi the colleges was 261; of which the General had 99; Mr. Adams 84; Mr. Crawford 41 ; and Mr. Clay 37; all who did not vote for the Genera.1 were undeniably opposed, to his elec- tion ; and there were, therefore, 162 votes against him. Had the choice of electors been, in all cases, determined by the plurality of votes, in their respective States, Mr. Adams would have received, additionally, 7 votes from Maryland, 3 from Louisiana, and 2 from Illinois; all of which were given to General Jackson. These votes, taken from the latter, would have reduced his return to 87 ; and transferred to Mr. Adams, v.-ould have given him the plurality ; say, 96 votes. This position \a sustained, by reference to the returns of the votes for electors, throughout the Union, the number of votes in favor of the Adams electoral tickets, being 166,112 ; in favor of the Jackson electoral tickets, 153,733 : making a majority ia favor of the former of 12,379 voters. 26. No choice having been made by the primary electoral ELECTION OF 1824. 11 colleges, the election devolved upon the IIuu,;e of'lleprcijcnta- tives, which is, in such case, required to select the President from the candidates, not exceedmg three, who are highest on the» return. These, we have seen, were (General Jackson, Mr. Adams, and Mr. Crawford. It lias been said, v.ithout a shadow of propriety, that the House of Representatives is bound by the spirit, though not by the letter, of the Constitu- tion, to select the candidate who has a plurality of votes in the electoral colleges. This must be upon the principle that he is the choice of the people ; but the pov^er of the House upon the subject is based upon the fact, that there is no choice by the majority of the people ; and that such majority is against each of the returned candidates. Therefore, it is, that the Constitution has given to the House independent ju- risdiction, unprejudiced by the previous vote, 27. The election by the House was affected by various mo» tives — by sectional preferences, — personal predilections, a sense of the superior qualification of one candidate, and the con- viction of the incompetency of another. Voting by Slates, the House would give 24 votes, of which a majority was necessary to a choice. In the primary colleges, counting the votes by States, General Jackson had 11 ; Mr. Adams 8; Mr. Clay 3; and Mr. Crawford 2. But, we have seen, that if the votes had been governed by the majority of the voters in the respective States, Mr. Adams would have had 11, and General Jackson 8 ; and by the same principle, the Generafs vote would have been fi.irther reduced, by that of Carolina being given to Mr. Crawford. Mr. Clay had the votes of three States; yet, as the number ot electoral votes therein was less than that given to Mr. Crawford, Mr. Clay was excluded from the re- turn. But Mr. Clav and his friends controlled four votes in the House : viz., those of Kentucky, Ohio, Illinois and Mis- souri, which enabled them to determine the choice on one oi two, but not on any one of the three, candidates. 28. The position of Mr. Clay and his friends was one of the most solemn responsibility. They were to determine to whom the destiny of the country, for the next four years, should be confided. They could not elect Mr. Crawlbrd; and if they could, the shattered state of his constitution seemed, forever, to disqualify him for the arduous duties of the chief magis- tracy. To have voted for him would have but prolonged the contest, with the agitation and distraction of the country, and possibly have defeated the election altogether. They re- solved, therefore, to proceed, at once, to the only practical 12 ELECTION OF 1824. issue, the choice between General Jackson and Mr. Adams. Here, the only question for consideration was the fitness of the candidates. They could not believe the former so com- petent to the duties of the station as the latter: They knew, that a faithful and wise discharge of such duties required, sometiiing more than mere military attainments, — the talents and virtues of the statesman, — that the General had never exhibited, in the councils of the Union, of his own State, or, of any other State or territory, such talents; that his military career had displayed the want of prudence, temper and dis- cretion, indispensable for civil administration; and that the elevation of a military idol to the first office of the state, was a precedent pregnant with danger. 29. His competitor, Mr. Adams, was admirably qualified to illustrate the beauty of the Federal Constitution as established by the wise and good men who had hitherto directed the ad- ministration : Higidy gifted, profoundly learned, long and greatly experienced in public affairs, at Jionie, and abroad, intimately conversant with the rise and progress of every ne- gotiation with foreign powers, pending or concluded; person- ally acquainted with the capacity of most of the public men of his own countiy whom it might be proper to employ in the ))ublic service ; versed in the structure and history of foreign governments, and thence eminently qualified to judge and cippreciate his own ; self-disciplined ; never seeking forbidden power; enlightened by philosophy, and content with that fame which a just performance of his duties would bestow: the country might confide to him the helm of state in the fullest confidence of safetv. Could intelligent, patriotic men hesitate in their clioice between such candidates? They did not: they gave their votes to the civilian, and their choice v.-as alike honourable to them and their country. J30. Mr. Clay has been accused of bartering his influence with Mr. Adams for the commission of Secretary of State. The accusation supposes, that his friends, who voted with him, were as corrupt as ho is charged to have been ; and corrupt too, without reward, for none of them partook of Executive favor. Intelligent men do not sell themselves to infamy without price. We have shown that there was an adequate motive fur their conduct, and sound reason requires us to seek no further. But the charge against Mr. Clay, was confidently made and pertinaciously maintained, in despite of that gentle- man's well established character, and the fact, that he had ELECTION OF 1324. * 13 even before the result of the electoral vote was knov/n, re- peatedly, avowed his intention to prefer Mr. Adams to Gen. Jackson, should the contest be between them; and in despite too, of the fact, that he had ever been the eloquent and rig-hteous censor of the enormities of the military chieftain. When the accusation was made, as member and Speaker of the House of Representatives, he tlirew himself upon the justice of his country, demanded to be tried by that country, and defied his enemies to the proof. The calumniator is ever the coward. Beneath the mask of a pliable tool, the libeller lay concealed. The wretched instrument, surprised and con- founded by the appeal, desperately accepted the challenge, but recreantly revoked his gage. 31. Mr. Adams was elected on the first ballot, in the House, receiving the vote of thirteen States, and of eighty-seven members: General Jackson had, what he should have had in the primary colleges, the vote of seven States, only ;— the votes now given from these, and from some representatives from other States, amounted to 71. Mr. Crawford received the votes of four States, and votes from others, making 54 votes The votes of the States, were ; for Mr. Adams ; Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, Vermont, New York, Maryland, Ohio, Kentucky, Illinois, Missouri, Louisiana: For General Jackson; New Jersey, Pennsylvania, Soutfi Carolina, Tennessep, Alabama, Missis- sippi, and Indiana: For Mr. Crawford; Delaware, Virginia, North Carolina, and Georgia. The election, therefore, was decided according to the constitution, by a majority of the States. But the General was excluded, not only by such majority, but also by a plurality of the votes ; whilst the wiiole number of the members of Congress who refused him their KulTrages was 141, being less one ot twice as many, as voted for liiin. Mr. Adams was, therefore, emphatically, the choice of the Nation. Had there been a second ballot he must have received a larger vote ; for it is notorious, that, he was the second choice of Delaware and Virginia. 32. Thus was terminated one of the most animated of our political contests, in a manner highly honorable to the national character, not only in the choice, but in the manner, of the election. It was conducted with that calmness and comity among the electors, which sliould grace their important func- tion. There was neither violence nor trick, nor conceal- m.ent. The voting was by ballot, yet, not the vote of a mem- ber was unknown. Great apprehension had been entertained 2 11 ■ Election of 1824. by a large portion of the people, that an election by Congress would be attended by violent contentions; but, ail bowed to the supreme law of the land, which was administered in peace. The friends of the rejected candidates submitted to the result, with -patience, if not with cheerfulness, and for- eigners who watched this interesting crisis in our history, beheld with amazement, profound respect for the law, disarm- ing the angry passions, — and they, and the nation, and the world, derived new confidence in the capacity of the people for self-government. CHAPTER III. ADMINISTRATION OF MR. ADAMS. 33. The principles by which Mr. Adams proposed to con- duct his administration were those of the great democratic party of the country, — those of his predecessors — those only upon which the administration of the country can be safely conducted. They are distinctly delineated in his inaugural address, and receive the applause of every citizen instructed in the nature and tendency of our political institutions. We exhibit them, here, as well, for the information of the reader, as for contrasting them, hereafter, with those of his succes- sor. 34. "With the catastrophe in which the wars of the French Revolution terminated, and our own subsequent peace with Great Britain, the baneful weed of party strife was uprooted. From that time, no difference of principle connected either with the theory of government, or with our intercourse with foreign nations, has existed, or been called forth, in force sufficient to sustain a continued combination of parties or to give more than wholesome animation to public sentiment or legislative debate. Our political creed is with- out a dissenting voice, that can be heard — That, the will of the people is the source, and the happiness of the people, the end, of all legitimate government upon earth — That, the best security for the beneficence, and the best guarantee against the abuse, of power, consists in the freedom, the purity, and the frequency of popular elections — That the General Government of the Union, and the separate govern- ments of the States are all sovereignties of limited powers; fellow servants of the same masters; uncontrolled within their respective spheres; uncontrollable by encroachments upon each other — That, the firmest security of peace is the preparation, during peace, of the defences of war — That, a vigorous economy and accountability of public expenditures should guard against the aggravation, and alleviate, when possible, the burden of taxation — That, the military should be kept, in strict subordination to the civil power — That the freedom of the press and of religious opinion should be invio= laie— That, the policy of our country is peace, and the ark 16 ADMINISTRATION OF MR. ADAMS. of our salvation is union, are articles of faith upon which we are all now agreed." In the policy of his predecessor he saw the line of his own duty clearly marked. The great features of that policy, in general concurrence with the will of the legislature, were — to cherish peace whilst preparing for defensive war; to yield exact justice to other nacions, and to maintain the rights of our own; to cherish the principles of freedom and of equal rights wherever they were proclaimed ; to discharge with all possible promptitude the national debt; to reduce within the narrowest limits of efficiency, the military force; to improve the organization and discipline of the army ; to provide and sus- tain a school of military science ; to extend equal protection among all the great interests of the nation ; to promote the civilization of the Indian tribes; and to proceed in the great system of internal improvements, within the limits of the constitutional powers of the Union. 35. Such were the principles also proclaimed by Mr. Jeffer- son, except that, he did not so zealously advocate Internal Im- provement, though he had sanctioned the Bill for the Cum- berland Road, one of the most characteristic measures of the system. The improvement of the country by roads and canals, by the cultivation of science, and the diffusion of knowledo-e, was the most favorite measure of Tvlr. Adams' ad- ministration; but his views were circumscribed by constitu- tional limits, as settled by his predecessors, in the practice of years. Less possessed of the public confidence, in advance, than any one who had before filled the office, he was more obnoxious to misconstruction. But, intentions upright and pure, a heart devoted to his country's welfare, and the un- ceasing application of his faculties, w^ere the pledges he gave for the faithful performance of the arduous duties he assumed: To the guidance of the legislative councils ; to the assis- tance of the Executive and subordinate departments; to the friendly co-operation of the State governments; to the can- did and liberal support of the people, so far as he might de- serve it by honest industry and zeal, he looked for whatever success might attend his public service. We have all learn- ed, of late, how easy it is for politicians to make professions, and how little regard, generally, should be paid to them, until coniirmed by their conduct. To his actions, Mr. Adams con- fidently appealed; and, judging by them, his contemporaries and posterity will award him the fame of a wise statesman, too pure for his limes. A-DMINI.STRATiON OF MR. ADAMS. 17 36. xMr. Adams seems to have holden with Mr. Monroe, that, "in our country, party was neither useful nor inevitable" — an opinion, which from all experience appears utterly untenable. The following declaration, amiable and virtuous as it is, made him more enemies, than an act of gross mal- feazance might have done. " There still remains one effort of magnanimity, one sacrifice of prejudice and passion, to be made by the individuals thoughout the nation, who have, heretofore, followed the standards of political party — It is that, of discarding every remnant of rancour against each other, of embracing as countrymen and friends, and of yield- ing to talents and virtue alone, that confidence, which, in times of contention for principle, was bestowed, only upon those who bore the badge of party communion." 37. He made himself the effort of magnanimity, — ^^the sa- crifice of prejudices, — v»'hich he recommerided. With due regard to tlieir fitness for their respective stations, his princi- pal officers were selected, more in reference to the concilia- tion of popular sentiment than to his personal predilections. Upon these principles his Cabinet was formed. In the offi- cers of his administration, he saw only the agents of the law, not, dependents upon the will of the President. In their se- lection, he sought neither to proscribe opponents nor reward partisans. He°removed from office none who were compe- tent and faithful, nor appointed any, from other motives than the public weal. 38. But here lay the great error of his policy in relation to self He would be great, was not without ambition, but with- out the illness should attend it. What he would highly, that he would holily. Could he have been tempted to betray the Constitution and degrade his station, by converting his official patronage into private property; to have perverted the power given for the public service, to his individual use, he might have created a party which would have continued him in office during another term. But no man ever came into the administratfon of government, so wholly unsupported by party. Devoted to the improvement of his race, his benevo- lence was more universal than particular; more fitted to make an imperishable fame, than numerous personal friends. Of the arts of popularity he knew nothing ; or knowing, disdained them. He professed no other claims to public favor than pure intentions, comprehensive knowledge of the interests of his country, his duties and his legitimate powers— and the in- 18 ADMI>:iSTRATION OF MR. ADAMS. flexible resolution, sustained by adequate capacity, to main- tain them. 39. No policy could be more thoroughly anti-European, more American, than his. He would exchide all further Eu- ropean colonization from the American continent; all inter- ference of European monarchs, especially those of the mis- called Holy Alliance, in American politics ; he would render his own country, essentially, independent of European work- shops, by fostering American arts, manufactures, and science, and would strengthen her. power, by rendering her force more available through the instrumentality of Internal Im- provement. 40. To these objects, his efforts were directed. His prin- cipal measures were — I. The Mission to Panama: II. A lib- eral system of Internal Improvements : III. The fostering of American industry and genius, by protecting duties upon im- ports : IV. The extension of our foreign commerce, by the reciprocal abolition of discriminating duties upon trade >uid navigation in our own and in foreign ports : V The mainte- nance of our faith witli the Indian tribes, and the advance- ment of their moral and political condition. 41. I. The object of the Panama Convention, to which Co- lumbia, Central America and Mexico were originally parties, was to deliberate on the great and common interests of several new and neighbouring nations. In such deliberations tjje in- terests of the United States v.^ere deeply mvolved; and, were it, merely, that our Government might be, speedily and cor- rectly, informed of the proceedings of the Congress, and the issue of their negotiations, it was advisable to have an ac- credited agency with them, in such confidential relation as would ensure the authenticity, and the safe and prompt trans- mission, of its reports. 42. The objects of the United States in this conference were : 1. The establishment of some principles of interna- tional law, whose unsettled state had been productive of much evil; as the perpetual abolition, among the American states, of private war upon the ocean, or at least such modification of the practice as would make the friendly flag protect the cargo: the curtailment of the contraband of war; and the proscription of fictitious paper blockades : 2. To consider of means for the abolition of the slave trade: 3. Of means to deter the European powers from further colonization on the American continent, and from interference in the contest between Spain and her former colonies : 4. To determine AB31IM3TRATION OF MR. ADAMS. 1^- in what light the political condition of Hayti should be re- garded — a case highly important to the southern portion ot our own country : 5. To consider the views of Colombia and Mexico in their proposed invasion of the islands of Cuba and Porto Rico; an event which might result, ultimately, in putting them in the hands of some European power, other than Spain — to prevent which, the United States were in- terested by preserving the existing tranquillity of the islands, and the peace and security of their inhabitants: 6. To ob- tain from the nations of the South, a recognition of the princi- ples of religious toleration: 7. To establish general prin- ciples of intercourse, applicable to all the American powers, for4.he mutual regulation of their commerce and navigation, founded on the basis of perfect equality and reciprocity: 8. To consider the means of makmg a canal through the Isthmus of Panama; a measure of great importance to the commercial world, but more especially to the United States : 9. And lastly, to conciliate the alFections of our sister re- publics, by aiding them, at their earnest request, with such wholesome counsel as our greater experience might suggest 48. Thess views were not peculiar to the administration of Mr. Adam.s, The only proposition which, by possibility, might result in foreign alliance, the prevention of European interference in American affairs, had been profoundly con- sidered by JMr. Monroe, and the commanding position taken by him upon the subject, was sustained by the nation. In his message to Congress, of the 2d December, 1823, we find this important passage: "The citizens of the United States clierish sentiments the most friendly in favour of the liberty and happiness of their fellow men on the European side of tlie Atlantic. In wars with the European powers, in matters relating to themselves, v;e have never taken any part ; nor does it comport with our policy so to do. It is only when our rights are invaded or seriously menaced, that we resent inju- ries or m^ake preparations for defence. With the movements in this hemisphere we are, of necessity, more immediately connected, and by causes v/hich must be obvious to all en- lightened and impartial observers. The political system of the allied powers is essentially different in this respect from that of America. This difference proceeds from that which exists in their respective governments. And to the defence of our own, which has been achieved by the loss of so much blood and treasure, and matured by the wisdom of their most enlightened citizens, and under which we have enjoyed un- 20 ADMINISTRATION OF MR. ADAMS. exampled felicity, this whole nation is devoted. We owe it, therefore, to candour, and to the amicable relations subsisting- between the United States and those powers, to declare, that we should consider any attempt on their part to extend their system to any portion of our hemisphere, as dangerous to our peace and safety. With the existing colonies or depend- encies of any European power, we have not interfered, and shall not interfere. But with the governments who have de- clared their independence and maintained it, and whose in- dependence we have, on great consideration, and on just principles acknowledged, we could not view any interposition for the purposes of oppressing them, or controlling in any other manner their destiny, by any European power, in any other light, than as the manifestation of an unfriendly dispo- sition towards the United States. In the war between those new governments and Spain, we declared our neutrality at the time of their recognition ; and to this we have adhered, and shall continue to adhere, provided no change shall occur, which, in the judgment of the competent authorities of this Government, shall make neccessary a corresponding change on the part of the United States." 44. This temperate and spirited declaration, it is well known, frustrated the crusade proposed by the Holy Alliance against political freedom in America. Its wisdom was re- cognized by the nation ; and to give it efficiency the peo- ple of the United States would, had it been necessary, poured forth their blood and treasure as freely as in their own pecu- liar cause. Few events in our history have done us more honour. It is a monument of our foresight, prudence and magnanimity; and of our disposition to take counsel from our duties, rather than our fears. To have taken any other position, or turn from the course which this had opened, would have been as unwise as dishonourable. 45. The Congress at Panama might not accomplish any of the transcendant benefits anticipated. It was, in its nature, a measure speculative and experimental. Unforeseen acci- dents and mischances might baffle its high purposes, and dis- appoint its fairest speculations. But its design, the ameliora- tion of the condition of man, was great and benevolent. "It was congenial with that spirit which prompted the Declara- tion of Independence ; inspired the preamble of our first treaty with France ; dictated our first treaty with Prussia, and the instructions under which it was negotiated, and filled the hearts and fired the souls of the immortal founders of our Revolution. ADMINISTRATION OF MR. ADAMS. 21 46. The measure, as the situation of the parties, was of a new character. Mr. Adams approached it with due prudence and that respect for the co-ordinate powers of the Govern- ment which has remarkably distinguished him from his suc- cessor. Although the convention at Panama would be diplo- 77ia(ic, not legislatijc, and indeed consultative merely, and acting under the declaration, that the United States would engage in no discussion inconsistent with entire neutrality, he proposed to instruct the representatives of the United States to receive and refer to the consideration of their Gov- ernment, the propositions of the other parties to the meeting, but to conclude nothing without the defmite sanction of their Government. Nay, although the measure was deemed by him within the constitutional competency of the Executive, he took no step in it before ascertaining that his opinion of its expediency would concur with that of both branches of the legislature ; first by the decision of the Senate upon the nomination of ministers; and secondly, by the sanction of both Houses to the appropriations for giving it eflect. 47. When, at the earnest request of the southern republic, the President accepted their invitation to the Congress, he an- nexed the condition that the Senate should advise and con- sent to the measure. Of course, the question came before the legislature free from all difficulty of the Executive right to act in such a case independently of that body, and was to be resolved, solely, on its sense of expediency. Upon this point, there was much diversity of opinion in both Houses of Congress. But the mission was approved by the Senate, and sustained by the necessary appropriation of funds. 48. But the opponents of the administration feeling, or feigning, many fears, violently, opposed this mission — a mis- sion founded on the interests, the proper feelings, and the duties of the United States; naturally fuUov^^ing previous acts of the Government, which had received the warmest approba- tion of the people; undertaken at a time when the principles of maritime law, of commerce and navigation were to be fixed upon a basis of justice, long sought by the United States, or upon the old crude and unilateral system from which they had already sustained great detriment; undertaken, too, at a time when Cuba and Porto Rico, in whose fate the United States have so deep a stake, were threatened; and contemplating the establishment of a wise and liberal international policy. A mission founded on sucli principles, springing from such motives, undertaken at such a juncture, and aiming at such 22 ADMINISTRATION OF MR. ADAMS. ends, was characterized as an Amphictyonic Council, preg- nant with entangling- alliances, and dangers to our neutrality, as a religious crusade, and as a temporary scheme for un- worthy purposes. 49. The character of the opposition, however, was properly defined, by the declaration of a zealous opponent, that had the administration rejected the mission, " ice should have had them ;" that is, that they would have thereby rendered them- selves most obnoxious to the nation: And by the pertinacity with which the opposition refused to publish, at a proper period, the instructions given by the President to our ministers, and when the Executive, acting on the responsibility which it had been invited to exercise, published them in an open mes- sage to Congress, violently suppressed the publication, and seized what belonged to the House of Representatives as well as to the Senate. 50. II. The constitutional power of the General Government to impose duties for the protection of domestic industry, and to appropriate money for internal improvements, has, since the year 1816, been strenuously denied by distinguished politicians in every section of the Union, particularly in Virginia, North Carolina, South Carolina, and Georgia. Although the adverse construction originated in local and sectional interests, it found advocates among the speculative politicians of every State, and among the leaders of every party, by whatever name distinguished. No party, there- fore, influencing the presidential election, could be formed upon this question. As at the siege of Jerusalem, the .Tews, when the enemy assailed the walls, united to resist him, but when he was expelled, turned their arms against each other; so, the parties of the United States gathered under their re- spective banners to contend for power and office, but broke into hostile fragments whenever there was a cessation of the contest for those selfish ends. The friends of domestic in- dustry and internal improvements, united with their enemies to pull down the administration devoted to these interests, but they struggled zealously to support such interests in the legislative halls. 51. The workings of party on these questions form an un- dcr-plot, in the great political drama, pregnant with danger to the permanence of our institutions. And though we are not alarmists, nor believe that every wind of doclrme may prostrate the Union, we are satisfied that there are senti- ments abroad, in the nation, which would make a southern ADMINISTRATION OF MR. ADAMS, 23 civil war most horrible, and most dangerous to the perpetuity of the Republic. Already have these questions arrayed one g-allant, rich and intelligent State against her fellows. The material for war was gathered, the troops marshalled, but, happily, the clarion for the onset has not been yet sound- ed. The dangers, however, which may flow from this source are suspended, not annihilated — the snake is scotched, not killed. We tread upon the ashes of unextinguished fires. 52. These questions are so important that they should be universally understood, and would be very improperly omit- ted from a review of the political state of the country. The power to protect, by restrictive duties upon commerce, all the interests of the nation, and to promote its prosperity by internal improvements, belongs to the General Government, and will not be less properly exercised, when clearly defined and fully comprehended by the people. 53. The power to lay taxes for other purposes than revenue, was long undisputedly exercised ; the doctrine and the prac- tice being co-nascent with the first revenue law of the coun- try. Until after the year 1817, the debt which weighed upon the nation required and justified a high tarifl^' of duties. Jt might have, occasionally, been questioned, abstractedly, whe- ther, if such duties were not so required, they might be laid, even to encourage the manufacture of ships, and the indis- pensable material of military defence. But as the revenue was indispensable, those most fastidious in limiting federal povvers, were content, that the tariff' should be so formed as to subserve such domestic interests as most needed protec- tion ; since it was only a question out of what pocket they should pay their money. 5^1. liut when the debt was about to be extinguished, it became a question, whether the sum whencesoevcr drawn, might not be diminished ; and whether any right existed to take money from the pockets of all, to protect the immediate interest of some, upon the allegation, true or false, that the whole body politic would be ultimately benefited. Upon such a question, considered in regard to expediency, there would, necessarily, be three parties; one receiving immediate benefit from the protective tarift'; another, immediate injury; and a third, who would be beneficially or maleficially affect- ed, only, as the restrictions proved, eventually, useful or inju- rious to the country. Judgment could scarce exercise its functions properly in assigning the respective positions of the two first classes. Instinct alone might array them against 24i ADMINISTRATION OF I-IR, ACAM3. each other. But the third class held, as it ought, the balance of pcnver, which it inclined, in the construction of the tariffs of 1824 and 1828, in favour of the protective system ; and its favourable anticipations have been, abundantly, realized. 55. That system seemed the settled policy ol the nation; and its friends saw, in its prod act, an accumulating mass of treasure, which, properly applied to tlie improvement of the country, would create rapid and unparalleled prosperity. From ten to fifteen millions a year were anticipated for this purpose : and fortifications, artificial ports, roads and canals, universities and general education, — stupendous efforts of every kind, far beyond Grecian or Roman fame, wore beheld in the vista. Various schemes for rendcrinfr this treasure ac- live Vv'ere concocted. Among- them was that proposed to the Senate in December, 1823, by ]\Ir. Dickerson, a disting-uished member of the present administration, which looked to a per- manent, annual distribution of the surplus revenue among the States, in the ratio of direct taxation, and which fias been repeatedlj' recommended by the present administration. How wisely we shall consider hereafter. 56. This disposition to extend and perpetuate the ^^ Ameri- can System,^' as it was now termed, awakened the fears and and Btunula'.ed the energies of its opponents. A stand was taken against tlie constitutionality of the power; and the battle which had been often before, and which must be often again, fought, was contested m 1824 and 1828, with unpar- alleled ardour, if not with unparalleled skill. The following is a succinct view of the position of the parties. 57. The right is derived from the first clause of the 8th section of the Constitution, which provides that "Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the cGmtnon defence and general welfare of the United States; but all duties, imposts and excises, shall bo uniform throughout the United States." Upon the most satisfactory construction given to this clause, the power of taxation extends to objects of a na- tional character, for tlie common defence and the general welfare; and is limited by such objects only. 53. But, it is contended, by the adversaries of the povvcr, that, the General Government,, being one of specific powers, can rightfully exercise such, only, as are expressly granted, and such as may be necessary and proper to carry them into effect ; all others being reserved to the States, or to the Peo- ple: — That the power to lay impost duties is given for the ADMINISTRATION OF MR. a.DAMS, 25 sole purpose of revenue, and is, in its nature, essentially different from a power to impose restrictive duties: — Thai, the two are incompatible, as the prohibitory system tends to destroy the revenue from imposts: — That, the power being' granted for revenue only, is abused when converted into a mean for rearing up the industry of one section of the coun- try on the ruins of another : — That, it is a case of the viola- tion of the Constitution Jnj perversion ; a case of the great- est danger, because the most insidious and difficult to resist. 59. A modification of this view has assumed the following form : Congress may impose such duties as they deem neces- sary for revenue, and so arrange them, as, incidentally, and to that extent, to protect the manufacturer ; but may not con- vert this incidental, into the principal, power, and impose a duty substantially, and exclusively, for sucli protection: Con- gress may countervail regulations of a foreign power, hostile to our commerce; but may not, permanently, prohibit impor- tation for securing the home market, exclusively, to the do- mestic manufacturers; destroying- a power they were en- trusted to regulate, and fostering an interest, with which they had no right to interfere. The admission, here, of a power to, tax for other purposes than revenue, seems an abandonment of the question. 60. It has been admitted, also, that under the power to regu- late commerce, Congress is not limited to the imposition of du- ties for the sole purpose of revenue ; that it may impose retalia- tory duties on foreign powers ; but they must be for the regu- lation of commerce, not for the protection of manufactures. But this argument rests upon the assimiption, that the power to lay imposts was given for the purpose of revenue. That is the very point in controversy, and must be proved, not as- sumed. The language of the Constitution is, " Congress shall have power to lay and collect taxes, duties, imposts and excises." If the clause had rested here, as it did when first reported to the Convention, there could not have been a doubt upon the subject, for the power would have been unre- stricted ; and would have been applicable to all purposes in which nations have been accustomed to use it. Those pur- poses embrace, unquestionably, among a vast variety of others, the protection of domestic produce and industry. If then, it is asked, the power of taxation be general, how can it pro- perly be restricted to one object 1 But is the power general, or is it limited f If the latter, what is the limitation 1 61. Upon this subject there have been three opinions: 26 ADMINISTRATION OF MR. ADAMS. 1. That, the power is unlimited; that the subsequent clause, " to pay the debts and provide for the common defence and general welfare, giving- a substantive, independent power, cannot be restricted to purposes of revenue, merely ; 2nd. That, the power is restrained by tiie subsequent clause, and is given, in order, to pay debts and provide for the common de- fence and general welfare; and iJd. That, the power is fur- ther restrained, to such specific objects as are contained in the other enumerated powers of the Constitution. It is unneces- sary to dwell upon the first two opinions. Either gives all tiiat the advocates of the American System require. Since, by no rational construction, can the power for laying taxes for the public welfare, be restricted to the purpose of revenue, as the public welfare may, unquestionably, be promoted by taxes other than for revenue. (52. But with regard to the third opinion, we may remark, that, if revenue be not the sole and exclusive mean of giving etlect to the enumerated powers of the Constitution, the ad- vocates of this doctrine must maintain, with those of the se- cond opinion, that the power of taxation is not limited to pur- poses of revenue. Now, it is perfectly clear, that such enu- merated powers have other means to CxTectuate them than revenue. Thus, the power "to regulate commerce" is ren- dered effective by taxes which countervail foreign monopo- lies, and adverse commercial restrictions; — the power to coin money and regulate its value may be operative by a tax on foreign coin; — the power to provide for organizing, arming and discipling tlie militia, by a tax upon foreign arms, to en- courage the domestic manufacture; — and the power to de- clare war, Vvilh its auxiliaries, may be effectuated by a tax prohibiting foreign, in order to secure a permanent domestic, supply of the munitions of war. If taxes may be laid in these, and like cases, then the enumerated powers require the power to lay taxes, to be more extensively construed than for purposes of revenue. It is no answer to this argument to say, that the power of taxation, though in its nature only a power to raise revenue, may be resorted to, as an implied power to give efibct to the enumerated pov;Grs. That would be to aver, that an express, is not co-extensive with an im- plied, pov/er to lay taxes, — that when the power is ea:7)re.ssec?, it means a power to raise revenue, only; but when implied, it has no regard to this object. How then, is a case of mixed nature, where, in the lav»', revenue is blended with other ob- jects, to be dealt with ? ADMINISTRATION OF MR. ADAMS. 27 63. If, then, the power to lay taxes be restricted to cases within the enumerated powers, still it is not confined to reve- nue, but extends to all other objects within the scope of such powers. Where the power is expressly given, we are not at liberty to say it is implied. Being given, it may certainly be used to effectuate all the pov^-ers to which it is appropriate ; not because it may be implied in the grant of such powers, but because it is expressly granted as a substantive power, and may be used, of course, as auxiliary to them. Thus, whatever construction be given to ihe power of laying taxes, we attain the conclusion, that such power is not confined to purposes of revenue, but that it is, at the discretion of Con- gress, to be exercised for promoting the common defence and general welfare. 64. The expediency of exercising this power, depends upon many and various considerations. Whilst all must admit tlie wisdom of its exercise in the protection of the general in- terests of the country, as commerce and agriculture, ard such branches of manufacture as are indispensable in war; all must recognize tlie impolicy of its use, when it subserves the in- terests of the few, but oppresses the many. In the case of manufactures, there seems to exist a tolerable safe rule. If the manufacturer can now, or at a proximate time, supply the demand of the country in competent quantity and quality, and at a price as advantageous as the foreigner, there can be no substantial reason opposed to protecting him, by discriminating duties, against the foreign artist. In such case, domestic com- petition will soon remove the evil of monopoly. But if the manufacturer cannot comply with these requisites, it would be an act of oppression upon the community, to tax them for his benefit. He would have a monopoly as odious as unjust. In the application of the foregoing rule, some latitude may be allowable in determining what proximation to the qualities above stated as pre-requisite, may warrant the protection. This is a case solely for the wisdom of Congress; and if it were the only one, the subject would possess little difficulty. 65. But a small minority of the Union have, or think they have, interests in relation to it, irreconcilable with those of the majority ; and taking the ground, that, the power claimed by the majority is not only inexpedient, but is unconstitution- ally and unwarrantably assumed, they refuse, or may refuse, obedience to the general law. When such a case is serious- ly made and resolutely prosecuted, our citizens must calcu» late the value of the ITnion. If it be worth preserving, we 28 ADMINISTRATION OF MR. ADAMS. must, in the spirit of compromise, ever essential to our safety, yield a portion of the general advantages, or, in other words, submit to the evil of insufficient restriction, or we must en- force obedience to the law. If the Union be not worth pre- serving, the refractory State must fkll from our brilliant galaxy, and be converted, like other fallen stars, into a loath- some mass ; and its citizens, as the citizens of every other foreign Slate, be enemies in war, in peace, friends. But Cain was not so accursed, as will he be, who shall consummate this work. The brand of infamy burnt not so brightly upon the brow of him who mocked his Saviour, as it will upon the front of him who shall thus impair a Union, in which centres the world's hope of political happiness. 6Q. III. The right of the General Government to appropriate monies raised by taxation or otherwise, would seem to be as clear as the right to levy taxes for the common defence and general welfare. Both depend upon the same clause of the Constitution ; the second part giving the right to appropriate the public money. If it be not given by it, it is not given at ail ; there being no other grant in the Contitution which gives it directly, or which bears upon the subject, even by implica- tion, unless it be the prohibition to appropriate money for the support of armies for a longer term than two years, or the pro- hibition to draw money from the treasury, without an appropria- tion made by law. This part of the grant gives no distinct and original power. It is manifestly incidental to the objects of the first part, giving the power to lay taxes. If both parts be taken together, it seems impossible to give to the latter any other construction than that contended for; inasmuch as that enumerates the objects to which the public money may be ap- propriated. 67. If such be not the true construction of the words, to pro- vide for the common defence and general welfare, they have ei- ther no import, or one much greater, in extent, than the first words of the clause. Either presumption is unwarranted ; the first, because no part of the Constitution can be deemed useless or unmeaning; the second, because such construction makes the second part of the clause an original grant, embracing the same objects with the first, but with greater power; which is absurd. The order observed in the grants made by the Constitution, is to give the power in the fullest manner, and then to qualify it, when necessary. Again, if the clause be not an authority to appropriate the public money, it conveys indefinite and unlimited power; dispensing with the special powers to raise and support armies and a navy ; to call forth ADMINISTRATION OF MR. ADAMS, 29 the militia, or even to lay and collect taxes. An unqualified power " to pay the debts and provide for the common defence and general welfare," if a distinct and separate grant, would extend to every object of public interest. The power to pro- vide for the common defence would give to Congress the command of the whole force, with all the resources of the Union ; but an unqualified right to provide for the general welfare would go much further; would break down the bar- riers between the States and the General Government, and consolidate the whole under the latter. 68. But, if the clause be construed to mean nothing mora than a grant of power lo appropriate the public money, every word has an important meaning and efi^ect; and all grants of power by the Constitution have full operation. The great scheme is consistent in all its parts. We have a government instituted for national purposes, vested with adequate powers, commencing with the most important, that of revenue, and proceeding in order to all the others— all formed with the utmost care and circumspection. How much more consist- ent is this inference witii the great objects of the institu- tion, and with the wisdom of those who framed and those who ratified it, than one which subverts every sound principle of construction, and throws all things into confusion ! 69. The power being settled, as in the General Govern- ment, it becomes necessary to determine what is its extent. Ii is contended, on one side, that the National Government, being one of limited powers, has no right to expend money, except in cases authorized by specific grants, according to a strict construction of them. That the clause relied on does not, in either of its branches, give to Congress discretionary power of any kind ; but is merely an auxiliary to effect the other grants. But the power to raise, and the power to ap- propriate monies, flowing from the clause, is alike general and unqualified. Each branch was, obviously, drawn with a view to the other; the import of each illustrates that of the other : and all the powers given by the Constitution with- out qualification, must be exercised without other check than the responsibility of the representative to his constituents. 70. So intimately connected with, and dependent upon, each other are the two branches of this clause, that the limit- ation of one would have been a limitation of the other. Had the power to raise money been restricted to special purposes, 90 would have been the power of appropriation.*. So, if the power of appropriation had been restricted to definite objects, 3* 30 AD5IINISTRATI0N OF MR. A.DA3IS. it would have been useless and improper to raise more funds than would be adequate to those purposes. 71. It cannot be doubted tiiat this correspondence and de- pendence was the result of design. For it would have been impossible to have subjected the grant in either branch to re- striction, without serious embarrassment to the Government. Thus, had the exercise of the grant depended on the States it would have been in the helpless, hopeless condition of the confederation: Had the assent of the Supreme Court, or other tribunal, been requisite, the operations of the Govern- ment might have been suspended, and the system disorgan- ized. 72. Many weighty considerations support the construction which has been adopted : Under it, the words " to provide for the common defence and general welfare," have a defi- nite, safe and useful meaning : The idea of their giving un- limited power, superceding every other, is abandoned : They will be considered as granting a right of appropriation indis- pensable to that of raising revenue, and necessary to every species of expenditure : By it, no new power will be taken from the States; the money to be appropriated being raised nnder a power already granted : By it, too, the motive for strained construction to other and specific grants, will be greatly diminished; an effect which cannot be too highly ap- preciated, when we consider that to whatever extent any specific power maybe carried, the right of jurisdiction pur- sues it in all its incidents. The important agency of this grant in effecting every other, is a powerful argument in fa- vour of our construction. All other grants are limited by the nature of the offices they respectively perform; each convey- ing a special power only ; this is co-extensive with the scheme of the Government itself. 73. If, then, the right to raise and appropriate the public money, be not restricted to the expenditures under the other specific grants, according toastrictconstructionof their pow- ers, respectively, is tliere no limitation to it? The answer is affirmative: That, the limitation is in the purposes for which the nation was organized, and those purposes only. Congress cannot apply money for the exclusive benefit of a State or dis- trict: But, any measure which has an aspect of national benefit, however small in itself, as a pier in a river, the im- provement of the navigation of a petty stream pertaining to some general system, is within their power. It may be that the office of discriminating between local and genera] im- ADMINISTRATION OF MR. AD.VMS. 31 provements is difficult; but it is the office of tiie legislature, and the difficulty is common to every exercise of judgment. 74. The practice of the Government has been conformable to the principles we Iiave laid down. Appropriations have never been limited to cases falling within the specific powers enumerated in the Constitution, whether such powers be taken in their broad or narrow sense: but have been made to a vast variety of objects, showing a conviction of an almost indefinite power for this purpose. Thus, in aid of internal improvements, appropriations have been made for roads, rivers, and canals; for military pensions, to the annual amount of millions; for charity, as in the cases of the St. Domingo refugees, in 1794, and the citizens of Vene- zuela, who suffered from an earthquake in 1812, on motion of Mr. Macon; and for the relief of the inhabitants of the Ca- nary Islands, on motion of the consistent John Randolph; and for the encouragement of domestic industry, as in boun- ties upon the cod fishery. Every President of the United States, Mr. Madison not excepted, has concurred in this cciistruction. 75. Although the power of Congres.'s over appropriations for internal improvements may be ample for all purposes, many such improvements might be founded on the enumerated powers. And from such pov,'ers are deduced the right claimed for Congress actually to engage in making such improve- ments, as are incidental thereto. The exercise of such right ha.? been long submitted to, in most cases without objection. Thus Congress may make a canal as incident to the power to regulate commerce: may build light-houses, piers, buoys and beacons for the purposes of navigation; custom-houses, reve- nue cutters, and ware-houses, as incident to the power to lay and collect taxes: may purchase land, erect forts, arsenals, dock yards, navy yards, and magazines, as incidents to the power to make war, and may, as incident to the same power, make a military road. 76. The expediency of using the power of the General Government in aid of internal improvements, depends on the na- ture of the case for which aid is requested. VVhilst there are objects, such as the great chain of internal coast navigation, which all admit to be of national interest, there will be thou- sands of projects presented for consideration, whicii partake little of such character, and which can be carried through Congress, only, by a system of reciprocation, well known in our legis- latures by the name of "log rolling;" a most dangerous species of corruption, because the actors in it conceal its depravity from 32 ADMINISTRATION OF MH. ADAMS. themselves. Another circumstance is well wortiiy of considera- tion in exercising this power. Thepatronag^eofthe Govern- ment has increased, is increasing, and ought to be diminished. The danger to the Constitution iiom this source grows daily more imminent. If the Government engage in the execution of projects of internal improvement, it v;ill have, necessarily, many agents, and as many dependents as agents, under its control, subservient to the will of the Executive. The dan- ger from this source has become greatly increased from the new construction given by the President to the power of ap- pointment to, and the removal from, office. This we shall have occasion to consider hereafter. By appropriating mo- ney to undertakings commenced by individuals, corporations, or States, this evil may be, in some measure, avoided. But in the exercise of the veto power, a new source of patronage is discovered, not less extensive nor less dangerous than the direct appointment of individual agents. Thus, the President, getting his sense of expediency over and against that of both liouses of Congress, may, and will approve such appropria- tions for internal improverr.ent as enure to the direct benefit of his own friends, and of them only. 77. But a power so essential to the national greatness and liappiness cannot remain unemployed. The objections we have stated to its use will be removed. The power of the President, to convert the public agents into personal depen- dents, will be restrained — or we shall have, again, good men and true at the head of public affairs, who will not pervert their powers to these illegitimate ends. New modes will be devised of exerting this beneficial power, freed from the evils which are accidentally connected with it. To this course a full treasury, which our greatest ingenuity can scarce keep down, will be a powerful and perpetual stimulus. 78. Of the remaining objects we have designated as the prominent ones of Mr. Adams' administration, we may ob- serve, here, that, liis views of foreign policy, generally, are those of the Jackson administration, and that, the Indian re- lations will be duly considered hereafter. CHAPTER IV. OPPOSITION TO THE ADMINISTRATION OF MR. ADAMS. 79. The views which we have just exhibited of the powers of the General Government in relation to the American Sys- tem, prevailed in the Northern, Middle, and Western States, and had many friends in the South ; even in those States, which, generally, repudiated them. The sternest adversaries of the administration were most active in maintaining- them ; for, never in a state of peace, since the commencement of the Government, did the appropriations so far exceed the esti- mates of the treasury, as in 1828; when the Jackson party controlled both Houses of Congress. Being distinctly avow- ed as the policy of the new administration, it was not possi- ble for the disappointed to take a liostile attitude against it; and there was great difficulty in finding other ground upon which malcontents could stand, 80. But who were the malcontents'? All the States north of New Jersey, New York included, had voted in their elec- toral colleges for Mr. Adams, and approved the principles of his administration. New Jersey was so nearly divided be- tween him and General Jackson, that a few hundred votes, only, had given her suffrages to tlie latter. Delaware had given Mr. Adams one vote and Mr. Crawford two; but her second choice was unquestionably Mr. Adams, as was that of Virginia. Mr. Adams, then, should have had, upon ordinary principles, the support of ten States, and portions of other States; making together a majority of the people; since he pursued, precisely, ihe measures which the candidate selected by any one of such ten States would have pursued. And such appeared to be the disposition of the Representa- tives from these States in Congress during the session of 1825-6. 81, But the policy of Mr. Adams, though approved by the party for tlie country, could create no party for himself. Offi- cial aspirants could not consistently with their hopes sustain him. The prospect before them was too oppressive, for mer- curial spirits, winch longed to rise above the odious level of private life, and the pains of honest industry and virtuous economy. Their horrors could be known onl}- to the idle and 34 OPPOSITION TO THE ADMIMSTRATION OF MR. ADAMS. ambitious; the industrious and thriving citizen cannot con- ceive them. Yet they were sufficient, not only to destroy old party forms, but to congregate the elements of a new party, vivified solely by the selfish principle of individual aggrandizement. The original friends of General Jackson, were, of course, irreconcilable. The friends of Mr. Craw- ford could not endure the prospective exclusion from place for eight years: nay, the very men who had borne Mr. Adams on their slioulders to the chair of State were impa- tient of the condition his patriotic policy imposed upon them. 82. But on what pretence could the two latter parties raise, or tly to, a hostile banner? The policy of Mr. Adams upon all important subjects, was their own. Tortious of these parties from the South, might object to his construction of the Constitution in favour of the American System; but the West, the Central, and the Northern, States, had, and still cherished, such construction as indispensable to national pros- perity. Other portions of the South might find reason to re- sist him, in his determination to give preference to the trea- ties and laws of the United State?, over the ordinances of individual States, in relation to Indian interest?; but the States which believed the national faith to be sacred, when pledged to these tribes, and the more sacred, on account of their feebleness, could not condemn the virtuous man, who, in the administration of justice, felt, that a superadded obli- gation, even higher than that of human autliority, compelled him to enforce tue laws and fulfil the duties of the nation. On what ground then, could all parties hostile to the admin- istration meet J Happily it Vv'as discovered, that the employ- ment of publishing the iavvs had been transferred, in some ten or fifteen cases, from some persons to others, by the Secreta- ry of State. Instantly, the cry of corruption of the press was raised. The Secretary was charged with selecting pa- pers for political and personal objects; and a resolution was oifered in the House of Representatives requiring him to communicate the changes which had been made and the rea- sons therefor. 83. A virtuous horror and indignation instantly seized upon the opponents of the administration, and an hour a day, for some weeks, was spent in pouring out the vials of Vv'ral.h upon the heads of the President and Secretary. Unfortu- nately, these estimable sentiments excluded, from the bosoms they possessed, the disposition to inquire whether the persons who had been dismissed from service had not merited their OPPOSITION TO THE ADMIM6TKATION OF MR. ADAMS. J35 dismissal, by neglect, or by availing themselves of the circu^ lation the publication of tlie lav/s gave to their journals, to calumniate the administration. Either circumstance has been received in justification of the dismissal of a printer ; but we are free to confess, that we do not consider the latter an adequat*^ cause. The printer is employed to publish the laws. If he fulfil his contract in relation to his employ- ment, his employer has no right to inquire into his conduct on other subjects; and if he assume to judge and punish it, he is guilty of oppression. But supposing' such offence to have been committed, compared Vv'ith the enormities of this character perpetrated by the succeeding administration, it was very venial. 84. The debate upon the proposed call on the Secretary, afforded an opportunity to the enemies of the administration, from every part of tiie Union, and irom every section of party, to vent the bile vvhich had been long forming. Incon- tjiderable as the subject truly v^'as, it gave occasion for much heat, and formal invitations to some friends of the Secretary cf State, to maintain his defence in arms. One invitation was cordially accepted ; but the challenger, denied the weapons he preferred, declined the combat. Another waa indignantly rejected by the sound and manly sense of the challenged. I'iie inquiry was dropped — the House discover- ing that it had no jurisdiction of the case. 85. During the sessions of 182f3-7, 1827-8, other subjects were got up for party action, which occupied, uselessly, much of the time and attention of Congress. Propositions for al- tering the Constitution were numerous; some of which, not- withstanding the motive, might, if changes were lightly ad- missible, be improvements to that instrument. TJiey certain- ly were not required by any abuse of constitutional power, nor by any injury vvhich the nation Jiad suflored ; but they gave further occasion to villify the administraiion. Inquiry was made into the public expenditures for many past years; and the new administration was charged with v.'hatever could be darkly coloured in the conduct of its predecessors. 86. The Iiistory of the pretended eflort for retrenchment, is one of the most disgusting in our annals. A committee on retrenchment, was appointed in the House of Representa- tives, to ferret out abuses; consisting of Messrs. Hamilton, Ingham, Rives, Wickliffe, Cambrelleng, {inajoriiy) Sergeant and Everett, (minority.) The report of the majority pro- pc^ed : 1. The reduction of the number and salaries of the 36 OPPOSITION TO THE ADMINISTRATION OF MR. ADAMS. clerks in the public offices : 2. A cnange in the character of some diplomatic ag-ents, substituting Charges cf Affaires, for Ministers, to Colombia and Spain, and the curtailment of diplomatic expenses: 3. Diminution of the number of news- papers taken at the Departments: and 4, and lastly, a reduc- tion of the expenses of public printing generally. When power came into the hands of the Jackson party, was any of these objects effected ! Not one. The number of clerks was increased and more required. Diplomatic ex- penses were augmented, by outfits and infits, consequent upon the recall of some half dozen Ministers, to make room for favourites taken from the halls of Congress, and from the most influential adversaries of the preceding administration; among whom, Mr. Rives, a member of the Retrenchment Committee, was one. The Press was prostituted by the most profuse expenditure of the public treasure upon it. Ho soon as the election of General Jackson was proclaimed, the conductors of the public journals flocked from Kentucky, Ohio, New York, Pennsylvania, Maryland, and from every State in New England, to the seat of government. They came not in quest of paltry advertising, worth some eighty or one hundred dollars the year, although this they obtained ; but to demand the offices of the country, as the s^poils of the victory, which thev obtamed, also, as the reward of services rendered, or to be rendered, in their vocation. A government press was thus established and maintained in every part of the country. In the language of Mr. Chilton, the sincere but disappointed mover of reform, more than one hundred thou- sand dollars were spent in arguing the question in its various ramifications, but not one dollar was saved to the nation. The utmost reduction in the public printing was the curtail- ment of the printed documents of Congress of their title pages. 87. In this unholy conflict, a Chief Magistrate of uncom- mon simplicity of life and purity of character, was denounced as the imitator of oriental pomp, and the profligate corrupter of youth. — As able, faithful and patriotic a cabinet as has existed since the administration of Washington, abler than any which has followed, was condemned as weak, inefficient and corrupt. — An administration which, in three years, had applied thirty-three millions to the payment of the public debt, and had expended ten or twelve more in objects of pub- lic utility, was proclaimed profuse and extravagant, — an ad- ministration which came into power avowedly on the princi- orFOSITlON TO THL ADMIMSTRATION OF MR. ADAMG. 37 pie of seeking out the best talents of the country for offices of trust and honour, and which, if it erred, erred in neglect- ing- its friends, was charged witii proscribing- and persecuting- its opponents. 88. Against such an administration the lust of office con- tinued its powerful workings. Conclaves of distinguished members of Congress were holden, weekly, duly organized with President and Secretary, where the measures of the Government, requiring legislative action, were discussed and settled with the view of embarrassing the administration. A powerful party was thus, gradually, formed, involving a ma- jority of the Senate. Its existence and character were first developed on the first of March, 1827, by the vote of the Senate on the choice of a printer. The nature of this vote is not a matter of inference merely. It is explained by the testimony of one who was a party to it, and avowed it to be a party vote. The editors of the National Intelligencer had been friendly to the election of Mr, Crawford, but had honestly pledged themselves to judge the new administration by its acts; finding these to be consistent with tlie universally and long established principles of the Republican party, they as honestly gave the administration their support. JMany un- successful efforts were made to seduce them from their course; and their resistance was punished by the loss of the printing of the Senate. Thus, whilst the enemies of the administra- tion were in the House of Representatives rebuking the Sec- retary of State, for tampering with the press, they were, in the Senate, prostituting their official patronage to the repro- bated object. 89. The design of this vote is fully developed. He who had the greatest power in preparing it, distinctly avowed the motive; and as that forms an important feature in the politi- cal character of the individual, we advert to it with much in- terest. "He had long been of opinion," he said, "that the public interest might be promoted, the condition of the Press, as well here as throughout the country improved, and respect tor the Senate, and economy in the peblication of the proceed- ings of the Senate, better secured, by a judicious revision of the laws relating to the public printing at large. At a more con- venient season he hoped the subject w^ould be revised; and he promised himself the best results from such revision, as the nature of the subject was susceptible of." We have said, that, this is a distinct avowal of the senti- 4 [38 OPPOSITION TO THE AD3I1MSTRATION OF MR. ADAMS. raents of the speaker ; but it is to be observed, that the speaker was Mr. Van Buren, distinguislied by his skill in mystifi- cation, and his art of giving- to his sentences an hermaphro- dite character. We draw from the declaration the inference, which, considering Mr, Van JBuren as a candidate for the highest office of the country, is as important as it is alarming; showing how unlimited are his ideas of power pertaining to the General Government — the inference that Mr, Van Buren deems that Congress, by a. judicious revision, (a plirasc ad- mirably appropriate, from its obscurity and indefiniteness, to the assumption of forbidden powers) may improve, that is di- rect and control, the press throughout the United States. This text is fully explained by the practical commentary which was immediately given to it, by the dismissal of Gales and Seaton, supporters of the administration, from the em- ployment of the Senate, and by the distribution of the public printing, and all other official favours, by the administration of General Jackson, of which Mr, Van Buren is the vital spirit, as he was the creator. In assigning to Mr. Van Buren tJiis high and responsi- ble position, we are sustained by his conduct at this period, as well as by the fatal influence he has had upon the mea- sures of the country during the last six years, which we trust fully to develope in these pages. In the election of 1824, the State of New York gave Mr. Adams 26 votes ; Mr. Crawford 5; Mr. Clay 4; and General Jackson 1! We may, there- fore, confidently believe, that, that State deemed the General incompetent to the station to which he aspired. With the principles of Mr. Adams, it was certainly content, and the measures of his administration were in perfect harmony with those principles. But to the election of Genera] Jackson, the vote of that State seemed indispensable, and Mr. Van Buren charged himself with (what shall we term it 1) the labour, the pleasure, of her seduction. The charge was executed with as much adroitness as success. But his efforts were animated by the most exhilarating hope, that he might, possibly, ob- tain for himself the favours he had engaged to solicit for another. His senatorial term ended, in March 1827; he as- pired to a re-election; but he, also, aspired to the Presidency of the United States. 90. In raising his eyes, at this period, with hope, to the first magistracy of the country, Mr. Van Buren has been charged with gross presumption. He had rendered, it was said, no service to the country that could claim any, much less OPPOSITION TO THE ADMINISTRATION OF MR. ADAMS. 39 SO higli, a reward ; lie had filled but one disting-uished station in the General Government, and had not the merit which long en- joyment of office is, strangely, supposed to give. But, Mr. Van Buren had seen, capacity for civil service, much less than he could boast, greeted by the hunters of office, even though the candidate was encumbered with many and grievous offences against the laws and Constitution of his country; and having well studied his position, and his associates, he believed it prac- ticable, whilst the lion and the tiger were contending for the quarry, fox like, to steal in and seize it tor himself. To this purpose, for a season, the policy of non-cnnnniltal was essen- tial. It was enough to have it known by his contemplated dupes, that he was opposed to the administration, and dis- posed, under certain undefined contingencies, to support the pretensions of General Jackson. 91. With tliis view, he carefully avoided the sessions of the organized cabal of which we have spoken, and caused cautionary monitions against premature committal, for any candidate, to be circulated throughout his State. Uncommit- ted liimself, he was anybody's, and, consequently, everybody's man, and was re-elected to the Senate by a very unanimous vote. The inference was drawn, that the vote of New York in the next Presidential election was placed in his hands. New importance was thence given to his position at Wash- ington, and he was emboldened, more openly, but with scarce more elffciency, to mingle in the intrigues against the admin- istration, and to appear at the secret cabal, at which the great combination was effected. 92. Of the existence of this combination, the circumstan- tial proof is abundant, but we have proof direct. Its forma- tion was not only avowed, but it was, ostentatiously, proclaimed. Mr. Floyd, in a formal speech, duly and artistly prepared, ac- cording to the most approved rules of party misrepresenta- tion, at a dinner in Richmond, in February 1827, declared that " combinations have been formed, and are forming, which will wrest the power from those hands so unworthy to liold it." A letter of the same period says, " To the friends of Jackson and Crawford, those of John C. Calhoun are added; and the union forms such a force of numbers, talents, and in- fluence, that it seems impossible to be efl^ectually met by Mr. Adams and Mr. Clay, and their friends, aided by their united experience, ability and patronage, and official advantages, great as they are. Men are so very sincere in their dis- likes, that the most opposite natures will coalesce to diminish 40 OPPOSITION TO THE ADMINTSTRATION OF MR. ADAMS. the power of an object of a higher common aversion, and will surrender the strongest personal competition to unite for mu- tual safety." 93. The combination and its object beiiior thus clearly es- tablished, let us inquire, for a moment, into the character of its component parts, with the view of ascertaining the true motive of its formation, of explaining the means by which parts so heterogeneous could be cemented. The members of the combination in the Senate registered their names in the vote on the appointment of printers. We lind on the list, Woodbury, of Maine, now Secretary of the Treasury; Van Euren, of New York, Vice President; Mc- Lane and Ridgely, of Delaware; the former late Minister to London, late Secretary of the Treasury, and late Secretary of State; Barnard, of Pennsylvania; Tazewell and Tyler of Virginia; Macon and Branch, of North Carolina: the latter late Secretary of the Navy; liayne and Smith, of South Car- olina ; Berrien and Cobb, of Georgia ; the former late Attor- ney General of the United States; Kane, oi' Illinois; Benton, of Missouri; Eaton and White, of Tennessee; the former late Secretary of War, and now Governor of Florida; McKinley and King, of Alabama; Williams and Ellis, of Mississippi; Smith, of Maryland; Dickerson, of New Jersey, now Secre- tary of the Navy; and Chandler, of Maine. Now let us ask, v/hat common interest could thus bind to- gether the North, the South, the East, and the West ? Maine, New Hampshire, New York, New Jersey, Pennsylvania, Delaware, Maryland, Illinois, Tennessee, and Mississippi, were certainly in favour of the measures of the administra- tion, for protecting manufactures and the system of internal improvements. Upon these questions Virginia had been, then was, and now is, divided. North Carolina was, at least, friendly to internal improvements: South Carolina, Georgia, and Alabama, were, perhaps, the only States, whose repre- sentatives in Senate were engaged in this cabal, which had, decidedly, an interest adverse to the policy of the adminis- tration. Nay, South Carolina, and perhaps each of the others, too, were then, to a great extent, friendly to internal im- provements. Where, then, was the common principle of union among these gentlemen] For the purpose of an an- swer, our catalogue of names is almost a catalogue raisonne; descriptive, certainly, of the views of many of the persons en- rolled upon it. Thus we have twenty-three names, eight of whom have held high ofHces under General Jackson, and, of the OPPOSITION TO THE ADMINISTRATION OF MR. ADAMS. 41 remainder, almost all have been desirous to obtain them. Co- operation in measures of a national character, clearly formed no part of tiie cement of this human porphyry. It was bound to- gfether by selt-interest alone, and wJiich, alone, could have put into the heart of the Senator from Kentucky, (Mr. Johnson) the sentiment to which he gave utterance, that the administra- tion should "be put down, though it were as pure as the angels which stand at the right hand of God." 94. So absolute and powerful was this self-interest, that gentlemen from the South were willing to put aside, in the choice of a presidential candidate, all consideration of the tariff. Thus the Columbian Telescope of South Carolina, at this period, declared that "the whole tariff subject has but little to do with the selection of a presidential candidate, nor has the particular opinion of such a candidate much to do with that election." This gracious offering, of the South, on the altar of mutual interests, the northern portion of the coalition, as represented by Mr. Van Buren, could not fail to reciprocate. Mr. Van Buren had been a zealous supporter of high tariffs for the protection of domestic industry, main- taininof those of 1824 and 1826, and an ultra advocate of the constitutional powers of the General Government to make roads and canals; voting not only for the Cumberland road, in 1822, but for the establishment of toll gates thereon. But, who would ask a wise man not to change his opinions. This would reduce him to a vegetable, to flourish and to fade in the soil in which he germinated. It is an adage, that, "the voyager changes his skies, not his opinions:" but Mr. Van Buren met this by another adage, more to his pur- pose — "we change with the times." When he and Mr. Cambrelling made their progress through the South, in the spring of 1827, they were hailed, the one as "the zealous friend of State sovereignty;" the other as "the enlight- ened advocate of liberal principles of commerce." Now, in the South, these phrases mean, the zealous enemy of inter- nal improvements, and the fierce opponent of a protective tariff. In the spirit of non-committal, Mr. Van Buren dex- terously parried this invidious praise, given in the form of a toast, at Charleston. But he was caught at Raleigh, where in a reply to a written invitation to an entertainment by the citizens, he was tempted, by an opportunity of railing at the ad- ministration, to write, " All dispassionate observers will ad- mit that the measures (of the administration) to which you al- lude, justify the alarm you express. The spirit of encroach- 4^ 42 OPFO?^ITION TO THE ADMINISTRATION OF MR. ADAMS. menl has assumed a new and far more seductive aspect, and can only be resisted by the exercise of uncommon virtues." Now the very measures which tlie Ualeigh Committee con- demned, namely, acts of legislation upon constructive rights, had been frequently, earnestly and honestly advocated by both g-entlemen. But the offering was required, and was made. That it was propitious, is apparent from the same Columbian Tellescope, proclaiming, "Mr. Van Euren is not unlikely to succeed General Jackson, if he keeps steadily to his present plan." 95. Mr. Van Burcn certainly went to the sunny climes of the South to buy golden opinions, but he was disap- pointed in his efforts to bargain. He probably anticipated support of his immediate pretensions to the presidency. But Virginia frowned upon his suit, and as he is no Cjesar, he made up liis mind to submit to be second, where he could not be first. His designs of immediate elevation to the presidential chair were abandoned; and he prepared himself to become the keeper of the conscience, and the political guide of the next President — to enjoy the power, if he could not claim the title, of the office. 96. Of the motives of the coalition, no illustration, more ample or apposite can be adduced, than the conduct of Mr. John Randolph. We know it is not permitted to speak evil of the dead. But this maxim, if applied to public men, would deprive us of the only benefit otlen deducible from their lives. The knowledge of evil, as of good, is useful; of the one, that it may be avoided, of the other that it m.ay be pur- sued. On this maxim, history would lose all its value; it would be any thing but philosophy teaching by example. The sounder precept is, of the dead speak nothing but trudi ; and this we shall obey. In his speech on the motion for re- trenchment, in February 1828, Mr. Randolph used the fol- lowing very emphatic language. "I do not pretend, that m.y own motives do not partake of their full share of the infirmity of our common nature — but of those infirmities, neither avarice nor amhition form one iota in tlie composition of my present motives. Sir, what can the country do for me? Poor as I am, — for I am much poorer than I have been — impoverished by u]iwise legisla- tion, 1 still have nearly as much as I know how to use — more, certainly, than I have, at all times, made a good use of. — And as for power, what charms can it have for one like me? Sir, if power had been my object, I must have been less sagacious OPPOSITION TO THE ADMINISTRATION OF MR. ADAMS. 43 tlian my worst enemies have represented me to be, (unless, indeed, those who would have kindly shut me up in Bedlam) if 1 had not obtained it. I may appeal to all my friends to say, whether there have not been times, Vv'hen I stood in such favour in the closet, that there must have been something- very extravagant and unreasonable in my wishes if they might not all have been gratified. Was it office'! What, sir, to drudge in your laboratories, in the departments, or be at the tail of the corps diplomatique in Europe! Alas, sir, in my condition, a cup of cold water would be more acceptable. * * * * * >S'ir, imj ^^church-yard cough'''' gives me the solemn warning, that jvhatever part I shall tahe in the chase, I may fail of being in at the death. I should think myself the basest and meanest of men, — I care not what the opinion of the world might be — / should know myself to be a scoundrel, and should not care icho knew it, if I could per- mit any motive connected iviih the division of the spoil to mingle in this matter, with my poor and best exertions, for the welfa.e of my country.'''' Apply the rule for determining character which this pas- sage allbrds, and what name shall we give to the speaker and his coadjutors] Governor Marcy was more honest, when in receiving his portion, in the division of the spoil, he avowed such to have been his object. Now, it is in the recollection of all men, that Mr. Ran- dolph too, did not disdain to partake of the spoil. That he was not only in at tlie death, but received a haunch of the quarry. That in May, 1830, he accepted the tail end of the corps diplomatic in Europe, of that very mission, which is glowing oifensive to every moral sense, from being the destined reward of the most brawHng and tliorough drilled, political hacks — and that, whilst he thus indulged a morbid ambition, he gratified the other passion which he so vaunt- ingly denounced, — his avarice, — receiving from his country a large sum of money for services which he never rendered. He°has left a name, which, though it never paled the world, serves to point a moral, — and all politicians who gratuitously profess patriotic disinterestedness, when seeking to gratify, by office, their ambition and their avarice, may, hereafter, be called — Randolphs. 97. In the selection of a candidate for the Presidency, a party thus constituted could have no views save his aptitude for their purposes. Qualifications for the office were objec- tionable, not desirable, inasmuch as they would render hmi 44 OPPOSITION TO THE ADMINISTRATION OF MR. ADAMS. independent of their power, the master, not the servant, of their wishes. Such a candidate the party beheld in General Jackson. The soundness of judgment displayed in the selec- tion, will be conspicuous from a view of the life and charac- ter of the man. CHAPTER V. aUALIFICATIONS OF GENERAL JACKSON FOR CIVIL EM- PLOYMENT. 98. It has been observed to us, by former friends of Gen- eral Jackson, that his conduct should be reviewed with the greatest forbearance: lirst, because his advisers alone should be responsible; and next, because a free exposition of the character and motives of the chief will shock and offend those who are still attached to him. 99. We deem both reasons unsound. They degrade the intellect of the General and his friends, lie may not have, we know, he has not, originated njany measures which he has sanctioned; but he is sufficiently competent to judge of their nature, to be denied the plea of non compos mentis, thus made for him. Nor, would such defence propitiate his friends, who would find greater cause for oflence in the allegation of phrenzy or fatuity, than in the charge of ambition. We shall, therefore, speak of General Jackson as he is — as the chief of the republic, — the responsible possessor of the executive power; and shall hold him to that accountability from which he has himself never shrunk. By the Constitu- tion ho has not the privilege of an English monarch. He is supposed to be capable of Avrong; and his advisers must also submit to the tribunals of the law and of public opinion. 100. Extraordinary, even supernatural ability and virtue, have been ascribed to General Jackson, which, if credited, give a bias to our judgment of his measures, and prevent us from beholding them in their true character. In mon- archies we are accustomed to exaggerated praise. Every prince is, during life, "the wisest and the best of Kings." But in the language of Courts, this is idiomatic, meaning no more than conventional phrases of politeness, in an epistle, which may contain the most imperative commands, signed by an obedient, humble servant, or close with the wish that we may live a thousand years, from one who prays our instant death. But it sounds strangely, in republican ears, to have godlike powers attributed to men, whose every act, scents, offensively, of mortality. The apotheosis of the living hero or tyrant, was made only in the corrupt ages of Grecian and 46 QUALIFICATIONS OF GENERAL JACKSON. Roman power. A late biograplier of the Genera],* whose turpitude is such that his praise is defamation, describes him as "the bravest and greatest rnan now living, in this world, or that has ever lived in this world:" — "As the greatest sol- dier, and greatest statesman, whose name has ever yet ap- peared upon the records of valour and wisdom." This is but the echo of the fulsome flatteries, uttered upon the American shores, customary in the Presidential circles, and habitual to the administration presses; of which the following is a sam- ple not of the highest flavour; yet we fear the reader will think, that we are sporting with his credulity when we cite it. We refer him, however, to the New York Times, printed on or about the ISth October, 1834, for the letter of its Washington correspondent, from which the extract is made. 101. "There is a mysterious light which directs his intel- lect, which baffles all speculation upon philosophy of mind and the channels through which conclusions are reached without the aid of that mental operation which can alone shed light, upon the patliway of research. He arrives at conclusions witli a rapidity which proves that his process is not through the tardy avenues of syllogism, nor over the beaten track of analysis, or the hackneyed walk of logical in- duction. For, w'hilst other minds, vigorous and cultivated, are pursuing these routes, he leaves them in the distance, and reaches his object in much less time, and with not less accuracy. His mind seems to be clogged by no foims, but goes with the lightning's flash and illuminates its ow^n path- way." This, we have no doubt, is fine writing, since it has the mysticism which commonly pertains to it. But does the reader apprehend the sense? It may mean, that the Presi- dent is immediately inspired from heaven; or that, like So- crates, he is attended by an invisible demon, who does for him all the drudgery of mental labour, and transfers to him, the ready made conclusions, which he so promptly and easily (we would we could say, rationally) maintains. If the latter be the sense of the passage, then, although, w^e may not be able wholly to penetrate the mystery, we set up a plausible hypothesis; connecting the ^^ mystery" with magic, the work of the New York Magician, we conclude, that the writer of this strange paragraph meant to say, that the Pres- ident receives his opinions from Mr. Van Buren, *Wm. Cobbett. QUALlFICATIOiNS OF GENERAL JACKSON. 47 102. Exag'gcratcd praise, with the intelligent, excites un- belief and provoked inquiry; and of itself might stimulate investigation into the merits of the General, did not more iin- portant considerations demand it. The age of miracles is past, though happily for charlatans, medical, moral and politi- cal, the era of credulity has no limit. No man, now, be- comes learned and wise save through instruction and expe- rience. But it is possible, othervvise, to obtain literary hon- ours, for the Muses are sometimes capricious, or mercenary, and to possess a reputation for wisdom, which neither study nor practice has matured. Such has been the fortune of General Jackson, and that, it is the work of fortune becomes apparent from a review of his life. 103. Andrew Jackson was born of Irish parents, who, a short time before his birth, had emigrated to a sparsely peo- pled district of South Carolina; where, had they possessed the pecuniary means to purchase scholastic instruction f()r their children, there were no competent teachers. Some in- considerable efforts, we are told, weie maae to qualify An- drew for the Church, which were terminated by the war, in 1777, when he had attained the age of ten years. The suc- ceeding eight years, the most valuable for preparation tor latter life, were probably spent in idleness. In 1781, having joined, for a few days, a small party of militia, he was cap- tured by the enemy, and having refused to perform some me- nial service exacted by an officer, was, as it is said, severely beaten and wounded. This has proved a most fortunate event, yielding a large portion of that glory which constitutes him the hero of two wars. With no other preparation, he commenced the study of the law in 1784; and slight knowl- edge being requisite in Courts whose judges did not boast deep learning, he was admitted to practice within two years, thereafter, 104. In 1789, he tried his fortune in Nashville, a new set- tlement of Tennessee, where an extraordinary circumstance brought him into immediate notice. As is commonly the case in new countries, society was loosely formed, and the ordinary obligations of justice were tardily enforced. The planters, adventurers from various sections, were indebted to the mer- chants, and having secured the services of the only attorney of the place, mocked all efforts to compel payment. The ar- rival of Jackson, therefore, was gratifying to the creditors; and we are told that he issued seventy writs on the following day. ^yhilst thus introduced into a profitable county prac- 43 QUALIFICATIONS OF GENERAL JACKSON. tice, lie became involved in personal contests with tlie debtors. His courage, in these cases, and in occasional rencontres with the Indian^, rendered him notorious and popular among- men abler to appreciate physical than moral qualities. As a con- sequence, he became, in 1796, a representative in the State Convention, and in Congress; in 1797, a Senator of the United States; and in 179S, a Major General of Militia. 105. For the civil stations, whose honours he coveted, he proved incompetent; and after a short effort, confessing his incapacity, he renounced them. If we consider the temper- ament of the man, sensitive, tierce and aspiring, we may con- ceive the mortifications he endured in assemblies where the illiterate attorney was eclipsed by his better instructed fel- lows. Soon after resigning his seat in the Senate, he ac- cepted one on the bench of the Supreme Court of the State, which, for like reasons, he resigned. The military ap- pointment, congenial to his taste, he retained until, in 1S14, he entered the regular service of the United States. 100. Academic instruction docs not always produce genius. But genius avails itself of every opportunity for instruction in its chosen pursuits or in such as pertain to its nature That the genius of Mr. Jackson was not a civil one is appa- rent from its inability to qualify itself for civil employment; that it was militant may be interred, as well from events of his after life, as from some private wars of his youth and manhood, which we do not propose to narrate. 107. The war of 1312 opened an honorable field to his martial propensities. Under the Acts of Congress authoris- ing the acceptance of volunteers, he, with 2500 men of his division, who' had entered the service, v/as ordered to descend the Mississippi for the defence of the lower country. But he had scarce reached Natchez, in January 1813, when he was directed by the War Department to dismiss his troops, and to deliver the public property in his charge to General Wilkin- son. The egotism of his character now displayed itself The troops lie commanded were his troops, not the troops of the United States — brought out by his influence not by the call of their country — under his exclusive command, not that of the constituted authorities, whose orders he refused to obey, despite the recommendation of a council of his officers, and the remonstrance of General Wilkinson. By this dangerous example of insubordination he sought to create a partisan feeling, — to substitute himself, instead of their country in the affections of his troops, and to make them dependent QUALIFICATIONS OF GEriEUAL JACIiSO:^. 49 Upon him for protection against the Government which, he said, oppressively, disbanded liiem at a distance from their homes. This resolution was not accidental, but liovved from that msatiable self-love which has characterized every hero, who has trodden down the liberties of his country. The troops were marched back to Tennessee and there discharged. ilis flatterers ascribe high merit to this unsoldierly conduct. But such merit he would have rewarded, in a subordinate, by a court martial and ignominious death. The inexperience and the weakness of the government at the commencement of a war for which it was illy prepared, form the only apology for its omission to punish this unpardonable offence. 108. The Creek war, produced by the arts of Tecum- seh and his prophets, drew upon an ignorant and supersti- tious race the veno-eance of the United States. The massa- ere at Fort Mini ins roused the inhabitants of Georgia and Tennessee, and called forth General Jackson and his division, first into the service of the State and subsequently of the Union. This is a species of warfare in which few laurels are to be gathered. Indian hostility, dreadful in the mid- night massacre of peaceful agriculturalists, has, comparative- ly, little horror in the field. There, the Indian is as unable to withstand the white man, as to turn the tide of population, which is sweeping him from the land of Jiis fathers. In every pitched battle, from the victories of Wayne, the red men iiave been defeated; and their desperate courage and obstinacy have frequently turned the conflict into massacre. In the present war they had not the remotest chance of success; andgros3 infatuation, alone, induced them without foreign aid to commence it. The battles of Talledaga, Tallushatchee, Emuckfa, and Tohopeka, in which the white, was double the Indian, force, were slaughters as lamentable as inevitable. 109. The occasion called for little ability, but what it re- quired the General possessed. In a campaign of about four months, he seems to have sustained privations with a fortitude which excelled that of some of his troops, and was not surpassed by any of his oflicers. He bore, without repining, occasional scarcity of food, and a couch less soft than he had left at home. But in the government of the army he' was less happy. Mutiny after mutiny arose, and twice, at least, his troops were divided, and in deadly array against each other. Though anxious to appropriate to himself the affections of liis army, the General was sadly deficient in the arts of conciliation. Force was the onlv mean he knew 5 60 QUALIFICATIOKS OF GENERAL JACXSOW. to compose disscntion, and the death of one militia man, bv the sentence of a court martial, approved by him, savours more of rigour than of mercy. 110. But Vv'lio would not, by greater sacriiices than the General made, in this campaign, if t-uch were possible, have purchased praise like this — the rich and meet reward of his labours — the balm for all wounds of the spirit — wounds of the flesh wc believe he never received, except as the hero of the revolutionary war, "One General retired with his brigade; opposition after opposition, he met with from ditierentotiiccrs, yet he proceeded on to assault the bluod thirsty enemy, in spite of every impediment, though he had to imprison officers, to hang a militia soldier, and to do things Vvhich it appears almost to require credulity unbounded to believe to be true. Finally, however, he succeeded; he subdued the savage tribes; he reduced them to sue for pardon and for peace; he concluded a treaty with them; took them out of the hands of the more crafty and more powerful enemy of America, and cleared the way for a battle, single handed, Vvith the British, on the gulph of Mexico; and finally at New Orleans,"* 111. The inuse of history, when writing this page of our country's annals, will probably treat it thus; The Creek In- dians, miserably ignorant and superstitious, excited by British promises of assistance, and the arts of an ambitious cliief and ids prophets, rashly niade v»'ar upon the districts of the United States adjacent to their territory, with their accustomed bar- barity. An overwhelming force from the States of Tennes- see and Georgia was immediately brought into the field. A portion of the Tennessee troops, was under the command of Andrew Jackson, a militia Major General, who had never seen service, but who, fi'om his promptness in private quarrel, was supposed to possess much personal courai^e, and great genius for war. With a force greatly exceeding two thou- sand men, this officer entered tlie enemy's country, and after much delay, and tour lamentable massacres, supported by the Georgian troops, compelled the naked and famished savages to sue for peace. Had the General, to Vy'liom this service was intrusted, more experience or more foresight, he would, in a country abounding in provisions, and the means of trans- portation, have secured a seasonable and competent sup- ply for his army, and thereby have, more speedily, ter- mniated the campaign. The neglect of this essential duty, * C'jbbett's Life ofjacki^on. QUALIFICATIONS OF GENERAL JACKSON. 51 and, it is said, the haughty and passionate deportment of the commander, offended his officers, and disgusted the troops, to such a degree as greatly to injure the service. The cam- paign, though successful, was unnecessarily prolonged, and inordinately expensive." 112. The first American essays in arms, during the late war, were so unfortunate, generally, that, every engagement, which did not to terminate in defeat, was deemed a victory ; and success, even against an Indian adversary, entitled the commander to promotion. The commission of Brigadier, in the regular army, was sent to General Jackson, in May, 1814, upon the resignation of General Hampton; and the day after he received this, he also received the appointment of Major General of the seventh military district, vacated by the resig- nation of General Harrison. 11.3. Rumours at this time prevailed, of an intention, on the part of the British, to make a descent upon the southern coasts of the United States, and. New Orleans, it was appre- liended, would be the principal point of attack. In further- ance of these views, it was supposed, Col. Nichols had ar- rived, with a small British squadron, at Pensacola, where he was not only suffered to land, by the Spanish commandant, but was permitted, from this spot, to assail fort Bowyer, with- in the American boundary, and to insult the country with gasconading proclamations. The Spanish commandant also gave refuge to the fugitive Creeks. General Jackson, who had drawn his forces, amounting to about three thousand men, in this direction, with a view to the protection of the coast, resolved to reduce this city, and expel the precursor of the British army, from this dangerous vicinity. We are not of those who would condemn this act, had ii been done without the knowledge of, or without disobedience to, his Govern- ment. We stay not to inquire, whether the attack was war- ranted by the law of nations. It is sufficient, that it was a case in which a high-minded man might, in the absence of orders, fairly risk himself. But he had communicated his de- sign to the Governm.ent, and had been forbidden to execute it. The assault of the town was, therefore, a breach of duty, a disobedience of orders, for which he merited, at least, re- prehension. It was a new trait of that self-sufficiency which had developed itself at Natches. It matters not, that the Government had devolved the attempt upon his discretion ; the letter containing its views, though dated months before the fact, did not reach him for months afterwards. Pensacola 52 QUALIFICATIONS OF GENERAL JACKSON. was taken, without the deatli of a single man; and two days subsequently, was re-delivered to ihe Spanish commandant, the British and Creeks having been expelled. 114. If the victory at New Orleans gained for the com- manding General a high military character, his conduct at that post did not less firmly establish the evil dispositions which render it dangerous to civil institutions. We are not disposed to question the ability with which that campaign was directed — nor to inquire, how much of the merit is attributa- ble to the advice, and other zealous services, of distinguished citizens and representatives of the city — nor to investigate the gross errors and presumption of tlie enemy which cast him, in masses of sixty and seventy deep, upon an impregna- ble intrenchment, defended by a competent force, supplied with cannon and other arms, not a shot from which, by the nature of the ground and the position of the invaders, could be delivered without effect. But we may be allowed to say, that this victory was one of the most providential upon record. The immediate cause of the defeat of the enemy is ascribable to that overweening confidence in themselves, and contempt of the foe, which, half a century before, had delivered another British General, with a gallant and distinguished army, to car- nage, in America. The confidence and temerity of Packen- liam, were not less weak and criminal, than those of Brad- dock. It is tritely, but truly, remarked, that great effects proceed, frequently, from apparently feeble causes. The taithful report to the British officers, made by an American deserter, of the small numbers, and undisciplined state, of the American forces, induced the rash, the almost demented, re- solution, to assail the American lines. The British General believed that his veteran troops trebled his militia opponents; and he believed rightly ; but he believed, also, that the latter would not defend themselves, even behind an almost impassa- ble rampart. This was the unwarrantable presumption for which, he so severely suffered. The error of the attempt was flagrant; and idiocy, alone, could have failed to profit by it. General Jackson did profit by it, effectually; thougli General Coffee claims a full share of the honours of the vic- tory. 115. Still, be it remembered, that, the success of the Ameri- can army, must not protect its commander from condemna- tion, for crimes against the State, nor blind the people to the danger of entrusting power to one prone to increase and abuse it. Had that commander been all that he claimed to be, had, Ql ALIFICATIONS OF GENERAL JACKSON. 53 indeed, his arm, alone, as he asserts, protected from outrage, the city, he could not rightly have founded upon the feat, the prostration of the civil powers. We deny not, that in war, the law must, at times, necessarily, be silent. But, "the ne- cessity," in the language supplied to General Jackson him- self^ " must be apparent, from the circumstances of the case, or it forms no justification." We will not say, that, upon the approach of the enemy, the first moment of anxiety and alarm might not have extenuated, a temporary suspension of civil authority: But we will say, that, to this hour, no satisfactory evidence has been adduced of treasonable intentions, or of in- subordination, wliich justified the proclamation of martial law. It is said, that the enemy received information from agents, in the city of New Orleans, of every thing necessary to promote his interest; but, suppose it true, it is certain, that this information was communicated, freely, after the pro- clamation, and that, therefore, the proclamation was, in its most important ostensible object, the prevention of inter- course with the enemy, useless. But it was not useless in its real object, that object which the General has, on every occasion, sought, the investiture in himself of all power, mili- tary and civil. Admitting the unlawfulness of his conduct, upon tliis occasion, he extenuates it, by the plea, most abhor- rent, to public a.nd private morals, that the end justifies the means. " If," said he, " a successful defence could be made, I felt assured tha.t my country, in the objects attained, would lose sight of, and forget the means that had been employed." Vile as is the plea of political necessity, this is still more odious. It is the plea of a bold, bad man, between whom and the gratification of his will, there is no barrier. The defence of necessity is, not that evil means may produce a good end, but, that there are no other means to attain such end. 116. To the safety of New Orleans, the proclamation has never been proven indispensable. There was not only no part}^ devoted to the enemy, but, there v;as satisfactory evi- dence of an enthusiastic devotion to the cause of the country, in the Legislature, and in every class of the citizens. Yet, under pretence of loose and unfounded apprehension, the Legislators were expelled from their hall, their functions sus- pended, and they, with the whole people, subjected to the wantonness of military law. This unlawful and illimi- table authority, was not only assumed, immediately, upon en- try of the General into the city; but was exercised, in the most rigorous manner — the liberty of the press was trampled 5-*- 54 QUALIFICATIONS OF GENERAL JACKSON. upon — a member of the Legislature, a citizen of the State and of the United States, was arrested and cast into prison, and the Judge, who issued a habeas corpus to inquire into the cause, was rudely seized and banished. Not only was this odious power, hastily, assumed, but it was long retained and reluctantly abandoned. The flagrant enormities we have re- cited, were committed, not only after the enemy had aban- doned the country, but after information had been received, and credited too by the General, of the restoration of peace — continued long, long after every honest pretence of its necessity had ceased. 117. But we cannot dismiss tliis portion of our subject, without exposing the means which arbitrary power will use for its gratification; and tiie readiness of its present possessor to resort to the grossest perversion of the law to sustain him- self Mr. Louaillier, a member of the Legislature, distin- guished for his patriotism, had published some remarks, in a newspaper, which questioned the propriety of the continu- ance of the stern measures of the General, after the enemy had withdrawn and peace was made, '-lie was guilty of no offence cognizable by the civil courts."* But the second sec- tion of the articles of war had a power of expansion which, could be made to cover, with equal propriety, the deliber- ations of the Hartford Convention and the lucubrations of a Louisianian Legislator. We give the section, and again ask the reader not to sup- pose that we are abusing his credulity. We assure him, that the following is a literal extract, from tiie Life of General Jackson, written at his own dictation, by his friend and de- pendent. Major Eaton. " Louaillier was detained under guard and brought before a court martial, of which General Gaines was President, charged under the second section of the rules and articles of war, as one '•'■owing allegiance to the United States of Amer- ica, and found lurking as a spy about the encampment:" for the reason, however, that the inflammatory and mutinous publication which had occasioned his arrest, could not be shown to have been conveyed to the enemy, he was acquitted — the quo animo being, from this circumstance, in the proof, not sutflciently apparent. That none might be uninformed of the law, the following official notice had been circulated through the public journals." * Eaton's Life of Jackson. QUALIFICATIONS OF GENERAL JACKSON. 55 Here lollovvs the military order, containing the second section, in these words: " And be it further enacted, that in time of war, all per- sons not citizens of, or oiving allegiance to the United States of America, who shall be found lurking as spies in or about the fortifications or encampments of the armies of the United States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general Court Martial." Now, having read the section, does the reader believe that the accused was acquitted, because proof that, an address published in a newspaper, had not been communicated to the enemy? Does he not see, that, if the act charged amounted to the offence proscribed, which is impossible, that, the per- son charged was not amenable under it; and that, conse- quently, no Court Martial, not alike weak and wicked, could convict ? The section contemplates persons not citizens or persons 7iot oicing allegiance to the United States. This is a specific class of persons, which, only, could produce spies. A citizen, or one owing allegiance to the United States, who is not a soldier, is not amenable under the articles of war; or t£ he be, must be prosecuted for giving intelligence to the enemy, under tho 57th article of the first section. And yet a Major General of the United States, dared to accuse and try a citi- zen, under a section of the law, so totally foreign to the mat- ter, which he believed, or did not believe, to be applicable to the case. If he believed it, then, was there the most repre- hensible ignorance of that which he was bound to know; if he did not believe it, he attempted to sustain illegal power by the perversion of the law. 118. When tidings of these proceedings were received at Washington, the conduct of the General was thus rebuked, by Alexander J. Dallas,* acting Secretary of War, by com- mand of the President. " Representations have been recent- ly made to the President, respecting certain acts of military opposition to the civil magistrate, that require immediate at- tention — not only in vindication of the just authority of the laws, but to rescue your own conduct from an unmerited reproach. "There have been transmitted, to the President, copies of the letter of Mr. Reed, your Aid-de-Camp, to the Editor of Mr Dallas' letter, dated April 15, 1815. 56 QUALIFICATIONS OF GENERAL JACKSON. the Louisiana Courier, dated the 21st of F^pbruary — of your General Order, dated the 28th of February, commanding' cer- tain French subjects to retire from New Orleans — of a publi- cation in the Louisiana Courier of the 8d of March, under the sip-nature of a Citizen of Louisiana of French origin, ani- madvertrng upon the General Order — the order of the 5th of March, enforcing the order of the 28th of February — of your letter of the 16th of February, announcing the unofficial in- telligence of peace, and of the third General Order of the 8th of March, suspending the execution of the Order of the 28th of February, except so far as relates to the Chevalier de Toussard. "These documents have been accompanied with a state- ment, that, on the 5th of March, the writer of the publication of the 3d of March, Mr. Louaillier, a member of the Legis- lature of the State, was arrested by your order, on account of the publication, and confined in the barracks; that, on the same day, Mr. Hall, the District Judge, issued a writ of Ha- beas Corpus in the case of Louaillier, but before the writ was served, the Judge himself was arrested by your order, for is- suing it, and conducted under a strong guard to the barracks: that, on the 8th of March, Mr. Dick, the attorney of the United States, having obtained from Mr. Lewis, as State Judge, a writ of Habeas Corpus, in the case of Judge Hall, which was served upon you, he was arrested by your orders, and lodged in the barracks — that Judge Hall was released, on .the 12th of March, but escorted to a place out of the City of Now Orleans, with orders not to return until information of peace was officially received and ofiicially announced; and that Mr. Dick was released, on the same day, and permitted to remain in town, but with orders to report himself, from day to day, until discharged. " From these representations, it ivould appear, that, the judicial poicer of the United States has been resisted ; the liberty oj the Press has been suspended, and the Consul and subjects of a friendly Government have been exposed to great inconvenience by the exercise of military force and command. The President views the subject in its present aspect with surprise and solicitude ; but in the absence of all information from yourself, relative to your conduct, and the motives of your conduct, he abstains from any decision or even expression of an opinion upon the case, in hopes that such explanations may be afforded, as ivill reconcile his sense of public duty with a continuance of the confiteji' ", QUALIFICATIONS OF GENERAL JACKSON. 57 which he reposes in your judgment, discretion and patriot' •Z57n." •"The President requests me to take this opportunity of re- questing, that a conciliatory deportment may be observed to- wards the State authority and citizens of New Orleans. He is persuaded that Louisiana justly estimates the value of the talents and valnr lohich have been displayed for her defence and safety, and that there will he no disposition in any part of the nation to review loith severity the efforts of a comman- der acting in a crisis of unparalleled difficulty upon the im- jnilse of the purest patriotism.''^ No terms of censure could be more explicit upon the con- duct of the General, as known from the ''representations,^^ and those representations were true to the letter. From this censure of his Government General Jackson has never been relieved, although he may have expiated a portion of his sins at New Orleans, by submission to the sentence of the Court which was passed upon him for contempt of the writ of Ha- beas Corpus. 119. From all the circumstances, then, attending the vio- lation of the law, and assumptions of authority, we have ad- ditional proof, of the tendency of General Jackson to appro- priate power to himself, by fair means, or foul. Such, too, appears to have been the general opinion of his character. He was supposed, rough in his manner's, and overbearing in his conduct; and he said of himself, "many conceive me to be a most ferocious animal, insensible to moral duty and re- gardless of the laws, both of God and Man.""^ How far this opinion of the many, was consistent with truth, may, per- haps, be correctly apprehended from the next eventful epoch, in the life of the military chieftain. 120. The treaty made at Fort Jackson, with the Creeks, was a hard one. It exacted large sacrifices of territory, its phraseology was the most imperious and ungrateful which could be used towards a spirited people, and it was executed by only one-third of the nation. Is il, therefore, extraordi- nary that the usual effect of over rigour should result in this case, and that the suffering party should seek to escape from its burdens? Under the name of Seminoles, (a Creek tribe) many Indians, including the vanquished of the late war, con- gregated in Florida, with considerable numbers of fugitive negroes. Even the late tremendous exhibition of the power * Eatoii''^ Life of Jackson, 58 QUALIFICATIONS OF GENERAL JACKSON. of the white men had not taught these deluded wretches the absolute impossibility of obtaining-, even, justice by force. Stimulated by their late defeats, by the arts of wicked emis- saries, by the hopes of regaining their country, and, we fear, we must in justice add, by repeated injuries from the border- ing whites, the Seminoles, in the summer of 1817, re-com- menced a barbarous war: for terminating which, the services of General Jackson were again commanded. 121. On the 26th of December, 1817, the War Depart- ment issued orders to him, then at Nashville, to repair to Fort Scott, and assume the command of the forces in that quarter of the Southern division ; to call upon the Execu- tives of the adjacent States, if, in his opinion, the troops of the United States were too few to beat the enemy; and to adopt the necessary measures to terminate the conflict. On the receipt of this order, General Jackson, instead of calling for the militia, summoned to his aid 1200 volunteers from Tennessee and Kentucky. This corps was organized, and officered, under his directions, and mustered into the service of the United States. About the same period. General Gaines, also, raised 1600 men, among the friendly Creeks. Gene- ral Jackson entered upon the campaign with a force of about 3000: that, of the enemy, at the utmost, did not exceed one thousand; and, at no time did half that ninnber present them- selves to oppose his march. Of course, little resistance was made. The Indian towns were destroyed, and their inhabit- ants dispersed.* 122. In his progress, he captured, caused to be tried by court martial, and executed, Arbuthnot and Ambrister, two Englishmen, residents among, and averred to be instigators of the hostility of, the Seminoles; and he hung without trial, two Indian chiefs, who, by wiles, had been drawn into his power. He invaded the Spanish territory of Florida, reduced the forts of St. Mark and Barrancas, and the city of Pensa- cola, and commanded the reduction of St. Augustine; trans- ported the Spanish officers, civil and military, to the Havana; abolished the revenue laws of Spain, instituted those of the United States ; and, on his own mere authority, established civil and military officers. 123. The preceding sentence records, almost as many of- * In this campaign the troops of the United States suffered iio loss, save in the death of six militia mm, executed with the appro- bation of the General, for desertion. QUALIFICATIONS OF GENERAL JACKSON. 69 fences as facts; and if it were separated from the context, tiie reader might readily suppose that he was perusing an ac- count of the progress of an independent sovereign, or of a Roman Consul bearing the eagles of the "gowned nation" over new conquests. Whilst the events were fresh before the nation, the following charges were alleged, by our most eminent statesmen, against the General. 1, That, in substituting volunteers, raised upon his own authority, tor the militia, he assumed a power which did not legally belong, either to him or to the administration of the Government" lor, tiiat, whilst the general lav.-, provided for the use of the militia, no statute warranted the evocation of volunteers; and that, whatever the law provided, whether iii form or substance, was obligatory upon its agents : 2. That, by the organization of the volunteer corps, the ofricers and privates were independent of the Government and dependent upon the General : o. That, the invasion of Florida was unwarranted ; that if warranted, it was only in pursuit or reduction of an enemy, vvlio overpowered tile neutral or was sustained by him; that, if such cause justified the capture of St. Marks,_it did not extend to the seizure of Fort Barrancas nor the city of Fensacoia; that, if it even extended to them, it did not give a right to conquer the country, expel the Governor, abolish thl? laws, and convert the territory into a colony of t!i9 Unit3d States ; that, by these acts, the General had made war upon Spain, had changed the relations between us and tl'.at Government, and had, thus, assumed powers v.-hich could be exercised only by Congress: 4. That, although, it niight be true, that, the cruelties practised in war by one belligerent, might, lawfully, be re- taliated by the other, and that, white men associating them- selves with savages were associated with their fate; yet, that, in the present case, the retaliation was unnecessary, the war being over, and was forbidden by the rule of mercy which a practice of three hundred years had established in North America; that, if the law' of nations, in this re- spect, had not been thus abrogated, it had been executed without the- knowledge or the ^sanction of the Government; and that, if the General had a right, without specific authori- ty, to enforce tliis law, it Vv'as exorcised with indecorous and cruel precipitation. 5. That, in the cases of Arbnthnot and Ambrister, he had alike, groiisl v, mistaken, tlie lavr, under w^hich their offences 60 QUALIFICATIONS OF GENERAL JACKSON. were cognizable, the mode in which they should be prosecii ted, and the evidence necessary to their conviction ; that, the principle assumed by him, "that, they, by uniting in war with the savages against the United States, whilst we were at peace with Great Britain, became outlaws and pirates, is not recognized in any code of national law; that, if it were, La Fayette, De Kalb, Pulaski, and a host of foreigners, who had aided in our Revolution, were outlaws and pirates, liable, if captured by the British, to suffer death; That, though, these unfortunate men might, be subjected to the extremity of pain under the lex talionis, they were not the proper subjects of a court martial, being at the disposal of the commandmg Gen- eral, or more properly of the Government of the United States; that, as the court martial was resorted to, for the protection of the General, he had delegated his authority and should have been concluded, thereby; that his rejection of the sentence of the court, decreeing stripes and imprisonment for Ambrister, and substituting the punishment of death, w^as ar- rogant, despotic and cruel; and that, the testimony upon which the sentence was founded would have been rejected in every Court governed by established rules of evidence. 124. We do not purpose to investigate, at this day, all or either, of these charges. But we will state the manner in which they were disposed of The irregularity in raising the troops was unobserved by the Government, or if observed, was, disregarded, nay, commended, in the hope, that a more speedy termination of the campaign would be thereby attain- ed. The seizure of Florida was condemned ; the colony, with all its towns and fortifications, were delivered up to the Spanish authorities. The homicide of the Indian and white agitators, was deemed an event too good for banning and too bad for blessing. Those who suffered were held to have merited their fate; but every man of sensibility deplored, that, the reputation of the country, tor civilization and humanity, had been stained by the execution ; all responded to the fol- lowing sentiment, of an eloquent gentleman, who, aldy, dis- cussed the subject before Congress: "When," said he, "the fever of resentment shall have subsided in the breast of the General, and the exultation of conquest has passed away, and lie shall look back upon the transaction with the feeling of man stripped of the pride of the conqueror, this deed of bloody justice, will weigh heavy upon his heart, and embitter his days. I would not endure the remorse that is in store for hiin, for all his Inurels and all his eulogiums." QUALIFICATIONS OF GENERAL JACKSON. 61 The justice and humanity of this sentiment will not be disputed, but its prophetic character may be questioned. Your true hero is always so constituted, that he "looks with composure upon blood and carnage."* Your ambitious men, your Alexanders, your Caesars, your Crom wells, your Bona- partes, your Attillas, your bandits of every species, who will, intensely, march resolutely to their goal, though every step extinguish a life. The love of glory eradicates the love of man. Remorse comes, only, vfhen fortune deserts them. 125. But we have, in the events of this campaign, the most satisfactory evidence of the General's disregard of the Constitution and laws, as of liis ignorance of the principles upon which the powers of his office, should have been ap- plied. In the levy of his troops he looked only to the end, disregarding the illegality of the means; in the invasion of Florida, he violated the rights of a friendly nation, and the Constitution of his own country ; in the unnecessary execution of the wretched savages and their more criminal seducers he stained the reputation of his nation; and in all, he trod beneath his feet every principle save his ow^n will. Here, as at all times, his motto was legible upon his sword, "Sic volo, sic jubeo; siet pro ratione voluntas.' which may be freely rendered, " Not thine, O Lord, but let my will be done." 126. It may be observed here, that whilst our language scarce affords words strong enough to convey the flatteries upon the conduct of the General at New Orleans, his flatter- ers never speak of the glories of the Seminole war or of the Florida conquest. Thus, whilst the honest, decorous, and veracious Cobbett, the last, and, perhaps, the best paid Biog- rapher of the General, assures us, "That the battle of New Orleans broke the heart of European despotism ; and the man who won it did, in this one act, more for the good and the honour of the human race, than ever was yet done by any other man besides himself," he has passed over the Seminole war in total silence. Not so the Congress. Committees of both Houses, made reports disapprobatory of his proceedings. The whole delegation of Georgia, a majority of that from *Lettev of General Jackson to Mr. Monroe commenting on the character of Mr. Madison. 6 62 QUALIFICATIONS OF GENERAL JACKSON. South Carolina, among' whom was the ever to be lamented Lowndes, and a decided majority of that from Virginia, join- ed in tJie condemnation. Mr. Adams, as Secretary of State, in a diplomatic correspondence with the Spanish Minister, defended the invasion, palliating", as an advocate of his coun- try, what as a judge he would have conscientiously condemn- ed in the perpetrator. 127. The next public station, holden by General Jackson was that of Governor of Florida, and Commissioner under the treaty with Spain, of 1821. By an act of the 3d of March of that year, provision was made for the temporary government of the province, authorizing all the military, civil and judicial powers, exercised by the officers of the ex- isting Government, to be vested in such person or persons, and to be exercised in such manner, as the President should direct. The commission of General Jackson, dated the 10th of March, 1821, gave him the powers, theretofore exercised by the Governor and Ca})tain General and Intendant of Cuba, and by the Governors of East and West Florida. Judges were also commissioned by the President, who were instruct- ed to regulate their functions by the laws of the United States. Accustomed, as we are, in the United States, to the separation of the judicial, from the executive power, it ought not to have been possible for any man to suppose, that when he designated several officers for these several depart- ments, the President designed to unite the powers of both in an individual. Yet, General Jackson, always construing his powers in the largest sense, assumed, to himself, all the de- partments of the Government, legislative, executive, and judicial. 128. The Spanish ex-Governor, af\er the surrender of the province, being called upon, informally, as he supposed, to deliver up certain papers, which should have been surrender- ed pursuant to treaty, refused; whereupon the General caused his dwelling to be forcibly entered, by a military detachment, his papers to be seized, his person to be imprisoned, and the sealed boxes in which the papers were, to be broken open. Upon application to the Judge of the District, an habeas cor- pus to bring up the prisoner, was issued, directed to the General, which he not only refused to obey, but, threatened to punish the Judge for contempt. The Spanish officers, at Pensacola, took part with tlieir chief, and dared to breathe their griefs through the public press. This too was an of- fence, a libel, to be punished, not by the law, but by the will QUALIFICATIONS OF GENERAL JACKSON. 63 of the Governor. The officers were banished, being com- pelled to leave Florida in four days. Throughout the whole of this transaction the deportment of the Governor was fierce, and his language and actions grossly rude and intemperate. 129. Admitting, that, the conduct of the Spanish Inten- dant was wholly in the wrong; in declining the delivery of the papers, he was acting as a public officer or as a private in- dividual; if as a public officer, he was accountable to his own Government; if as a private individual, he was entitled to the privileges of an inhabitant, or citizen of the United States. Who then amongst us is prepared to say, that if the Govern- ment of the United States had a claim upon any individual, and to make the case stronger, upon a foreigner, for valuable papers belonging. to the public archives or to private estates, that the Preside'nt might, with justice and propriety, send an armed force to break open his dwelling, seize his papers and effects, and drag him from his bed to prison ! Would not any man regardful of the most precious of natural rights, person- al liberty and security, have proceeded by means of the civil authority, where he possessed the choice, even though he might have vested in himself, the Turkish, the despotic power, of simultaneously making the law, and trying and pun- ishmg the offender. But when General Jackson entered the field, in whatever character, whether as General or Gover- nor, all power centered in his person; the law of nations, the civil law, nay, the law of nature, were at once annihilated, and the bayonet, the prison or exile, rendered the legislator, the judge and the citizen, obedient to his will, or removed them from his path. His conduct in this case could not be sup- ported by the administration that appointed him; and having brought it to the notice of Congress, the President left it with°them. The subject was lost sight of and forgotten, when, a few months afterwards the oppressive Governor was removed, by the establishment of a permanent system of go- vernment for the territory. His conduct in this station, in the opinion of the venerable Jefferson, showed him incompe- tent to an executive trust. 130. The ordinances of Governor Jackson, in Florida, hav- ing been made with due deliberation, are, perhaps, the best reflection of his character which has been given. Before the surrender of the province, the councils of its cities were elec- tive, and the inhabitants were free from taxation. When he assumed the government, he appointed those councils by his own will, and filled them with strangers, ignorant of the inter- 64 QUALIFICATIONS OF GENERAL JACKSON. ests of the people: He constituted Courts, whose judges were nominated by himself, and dependent upon his pleasure, in whom was vested the highest judicial power : He established new rules of naturalization, and though prohibited by his commission to exercise the taxing power, imposed onerous excises, and empowered the councils, he had created, to levy fines, penalties and forfeitures, by ordinance or other' wise, subjecting the property of the citizen to their invasion, without limit and without rule : He exiled many respectable individuals, and caused some of them, who returned in a pri- vate character to protect their properties and their families, to be imprisoned. -In a word, no Roman Proconsul ever ex- ercised more absolute sway. And so full was the understand- ing, among the inhabitants, of his character, that, the players flattered him, by heading their play bills '• Jacksonian Com- monwealth." 131. So oppressive were his ordinances, that the inhabit- ants, instead of blessing the act which made them citizens of the United States, deeply deplored their fate. More than seven hundred, of the most respectable, preferred to abandon their homes, rather than submit to his tyranny; and an equal number, who were about to remove from Cuba to Flor- ida, abandoned their purpose. The Congress of the United States, when apprized of these measures, so injurious to the honour of the country, not only, indignantly, abolislied the ordinances, but made their enforcement highly penal, and di- rected the President to cause to be refunded all sums of money which had been levied under them. The repealing act was most appropriately entitled, " An Act to relieve the people of Florida from the operation of certain ordinances." The bill received, in Senate, two readings in a single day, by unanimous consent, and was passed through Congress with almost unexampled rapidity. 132. We have, now, seen General Jackson in all tlie sta- tions of his life, anterior to his election to the Presidency; and, we have the means of judging, with confidence, of his ability. That he possessed the military virtues of promptitude and firmness, and in excess too, may be admitted. But, ex- tremes meet; and excess converts virtue into vice. Thus excessive promptness becomes precipitation, and excessive firmness, obstinacy. We have seen this metamorphosis most fully completed in his relations with the offices and officers, in civil life. But, let us examine this question of ability more closely. Andrew Jackson was 47 years of age when he en- tered the military service of the United States, in 1814. Pre- QUALIFICATIONS OF GENERAL JACKSON. 65 vious to this period, we have not the slightest evidence of his capacity for civil duties. There has not been, there cannot be, traced to him a single civil or political measure of any- character ; no speech, no written essay, no report, shows that he had ever considered any subject of civil polity. The painful sense of inferiority had driven him from every civil post, and so wholly did he contemn the civil authority, that his life, if his own report of his reputation be true, must have been in almost perpetual conflict with it; for such a cause, only, could he have been deemed " a most ferocious animal, insensible to moral duty, and regardless of the laws both of God and man." The development of the organ of combativeness, no doubt, promoted him to the military command which he had long retained, and was the cause of arraying him against the con- stituted authorities of his country, in the volunteer expedi- tion to the South, in 1814. No distinguished ability can be claimed for him in this campaign; nor, certainly, in the mis- erable wars against the Creeks, and Seminoles. We grant, that these afforded no opportunity for acquiring fame of any sort, save for moderation and humanity,^ which ^ he dis- dained. These campaigns are remarkable for the feuds be- tween the General and his troops, in the first ; and in the second, for the violation of national law, and the involvement of the Government in a delicate controversy with Spain, from which it was extricated, more by the talents of our statesmen and the weakness of their opponents, than by the g-oodness of their cause. The administration of the General in Florida, is stamped with the same inability for civil affairs, and disre- gard of civil power, and the same imperious will, which had every where attended him. 133. In 1824, he was again returned to the Senate of the United States; but again that withering sense of inferiority which had driven him from every situation requiring intel- lectual power, sent him from the Capitol, and, in less than two years, he resigned his seat. His prudence upon this oc- casion, does not admit of doubt. He was a candidate for the Presidency, and had he been kept, conspicuously, before the nation, the discovery of his inefficiency would have effectually destroyed the hopes of himself and his friends. At the Her- mitage, those who had him in keeping could furnish for him appropriate sentiments and language for all occasions. 134. We have, then, no period of the General's public ser- vice, in which ability of any kind can be claimed for him, save, the campaign of New Orleane. But we have abundant 66 QUALIFICATIONS OF GENERAL 3ACKS0N. evidence, that military glories are often obtained without ex- traordinary talents, in commanders; and the history of our own country supplies a remarkable instance, in the ever memorable victory of Saratoga ; a far more influential event upon our fate, than the battle of New Orleans. The fortunate Gates was elevated, as the fortunate Jackson, in public esteem. Before the lustre of his reputation, that of Washington faded, and plans were formed, for putting into the hands of the former, the destinies of the United States. But, heaven, in mercy, had otherwise decreed. The exigencies of the southern war developed the inability oPGeneral Gates, and extinguished the unfounded attachment of his countrymen. 135. How, then, it will be asked, if General Jackson be destitute of ability, has he become a favourite with the peo- ple ] How obtained a nomination for, how elected to, the Pres- idency? Because, we reply, as in the case of General Gates, his name was fortunately connected with a great, useful and popular event. But, there is yet another answer. It is inci- dent to power to produce awe and veneration in the observer, and when exerted for his benefit, to become the pareat of af- fection. There is that in the countenance of autiiority which most of us are disposed to call master; and military fame has irresistible attraction for the mass of mankind. The fame of success is always to the General. The counsellor who plans, the soldier who toils and dies for victory, are buried and for- gotten. But the commander in chiefj though his foes have madly offered themselves, in hecatombs, as food for his pow- der, though his merit be, simply, to order the match to the guns, lives in story, and in enduring marble; his name is blessed in the hour of national festivity, and made familiar to the lisping lips of our infanis. In a word, the chief becomes popular, and obtains an awful power, for good or for evil. 136. Thus we have shown, that however disqualified the General may have been for the office of President, when considered in relation to the public welfare, he possessed all the requisites for a party leader, whose motions were to be directed by others. Popular, whatever might be his acts, they would have an immediate favourable acceptance; uninformed, the opinions of others would readily be poured into his mind; rash and confident, he would promptly make them his own ; ambitious, he would be flattered by the ex- tension of his power; energetic and obstinate, he would resolutely and perseveringly enforce all measures which he should adopt. CHAPTER VI. THE ELECTION OF GENERAL JACKSON AND THE COM- MENCEMENT OF REFORM. 137. General Jackson was chosen President in 1828, by one hundred and twenty-eight votes in the primary electoral colleges, given by sixteen States, including Virginia and Georgia, which, in the previous election, had cast their votes for Mr. Crawford. Mr. Adams was supported by the six New England States, by New Jersey, which had previously voted against him, by Delaware, and by sixteen votes from New York, and six from Maryland. 138. The change was effected, partly, by the personal and selfish considerations upon which we have descanted; partly, from the hope that his administration would countenance the southern heresies, on the constitutional powers, relative to the tariff and internal improvements; partly from an assu- rance that it would maintain the new and selfish system of Georgia, Alabama, and Mississippi, relative to the Indian tribes; and partly by the sectional, clannish spirit, which, in this case, moved the West, to support a western man. From Mr. Adams, the aspiring men of these States expected noth- ing, but the improvement of the general condition of the country; from General Jackson they hoped the improvement of their particular fortunes. 139. But shadows, clouds and darkness, rested upon the political opinions of the General. So little had he been con- nected with the political affairs of the nation, that his opinion-? on the most important points of its policy were unknown. This had been advantageous to him, in one respect. It had enabled his friends to give them any phase which the wishes of the people, in their respective districts, might require. He professed to be a disciple of the JeflTerson school; and in relation to the appointing power, now the most important, be- cause the most dangerous, under the Constitution, he bettered the instruction of his master. We seek no sounder views, on this subject, than are found, in one of his letters, of 1816, to Mr. Monroe, which, though widely spread, have never been seen by three out often who voted for him. We copy them, that they may be contrasted with the practice he has since pursued. 67 68 ELECTION OF GEN. JACKSON — REFORM. 140. "Every thing," he says, "depends on the selection of your ministry. In every selection, party and party feelings should be avoided. Now is the time to extirpate that 7non' ster, called party spirit. By selecting characters most con- spicuous for their probity, virtue, capacity and firmness, with- out any regard to party, you will go far to eradicate those feelings, which, on former occasions, threw so many obsta- cles in the way of government, and, perhaps, have the plea- sure and honour of uniting a people heretofore politically di- vided. The Chief Magistrate of a great and powerful na- tion should never indulge in party feelings; his conduct should bo liberal and disinterested, always bearing in mind, that he acts for the whole and not a part of the community. By this course you will exalt the national character, and ac- quire for yourself, a fame as imperishable as monumental rnarble. Consult no party in your choice, pursue the dictates of that unerring judgment, which has so long and so often benefited our country, and rendered illustrious its rulers." These highly moral and patriotic principles he seems to have maintained so late as May, 1824, when, in a letter to the Honorable George Kremer, he observed, "My advice to Xhe President was, that he should act upon principles like these: Consider himself the head of the nation, not of a par- ty; that he should have around him the best talent the coun- try could afford, without regard to sectional divisions; and should, in his selections, seek after men of probity, virtue, capacity and firmness; and, in this way, he would go far to eradicate those feelings which, on former occasions, threw so many obstacles iii the way of government; and be enabled, perhaps, to unite a people heretofore politically divided." 141. Had General Jackson, indeed, possessed the hio-h, though uncultivated, intellect which his admirers ascribe to him, and the resolute honesty of purpose which ho boasts, the present would have been the occasion for their exercise, from which he would have derived "a fame as imperishable as monumental marble." But, instead of ihe destroyer of the monster party, he became its tool, its very slave ; and obeyed its voice with a ready submission which contrasts, oddly enough, with his restiveness under wholesome restraint upon other occasions, and with which we might have been sur- prised, had we not known that lowliness is oft ambition's ladder. 142. The voice of this party, begotten and born in corrup- tion, resounded from all quarters, like the bowlings of fam ELECTION OF OEN. JACKSON REFORM. 69 jshed dogs that had run down the chace and awaiied the divi- sion of the spoil. In Congress the public business was neg- lected, while the members were engaged in intrigues for securing office to themselves or friends. The Senate refused to confirm nominations to office upon the general principle of the propriety of the occasion, and the qualifications of the nominees, but postponed the appointments avowedly on party grounds— and that the offices might be filled, not by the ac- tual President, but by his successor. In this, adoptmg the doctrine of* Mr. Van Buren, with which that artful politician had surprised the Senate soon after he gained a seat there, by declaring in the case of the appointment of a Marshall for the Western District of Pennsylvania, that the votes of the nominee for President should be the test of the propriety of his appointment. The City of Washington was crowded bv hungry expectants, who claimed the removal from office of incumbents, upon the principle of rotation in office — of some who had supported the General, because they had grown rich; of others, of this class, because they might have grown wealthy, and had neglected the opportunity ; of those who had not supported the General, because, they held the sta- tions due to those who had toiled and sacrificed their time and money in the contest. The disgusting venality of the party w-as not only notorious, it was boastingly avowed. Thus ex- claimed one print of New York, an organ of the party : 143. "The fact is, there is no classification in tiiis busi- ness; it is a great national reform, which involves but two considerations — one is embraced, in the principle of rotation in office; and the other, in the homely, but trite saying, that ' he who is not for us is against us.' We are a government of opinion— every man has a right to express his opinion freely, and after a great national election, distinguished for extraordinary warmth and activity, where man was opposed to man, and "for nearly four years was the subject of daily dis- cussion, how can a person holding a lucrative office hope to escape securely, by saying, 'I had no opinion.' The subject, it is true, is one of deliberation, and will, we think, be freely discussed, when the President shall be at leisure and sur- rounded by his cabinet; but it must be reduced at last, to principles and names. " We can only say that a thorough reform, is expected by the enemies as well as the friends of General Jackson." The logic and morality of this extract, are alike contemptible. Reform'. National Reform! to be eifected by the removal 70 ELECTION OF GEN, JACKSON — REFORM. of the national officers, not for official malversation, not foi difference of opinion on measures, governing the public weal, but for difference in opmion, on the qualifications of candi- dates for the first magistracy. A Reform which involved no other principle than the reward of the minions of the success- ful candidate, A more impudent avowal of venality, of the worst principles that can be applied to government, has never been made. But, that they were acceptable, is but too la- mentably true; for, the editor, who, with so much effrontery, proclaimed them, was rewarded witli one of the best offices in the New York custom house, 144. But such improvement of the press, sought by Mr. Van Buren, had been widely extended. Editors of newspapers, who " toiled hard and spent their money,''^ in almost every State of the Union, preferred claims for remuneration, which were generally admitted, and discharged by a productive office. Thus, full fifty of the patriotic presses were improved, by the master spirit, who has directed their operations to aid his succession to the Presidency. Of the unconstitutionality of the power thus exercised by the President, we shall have occasion to speak fully hereafter. Of the manner in which the General was cheered and urged to its exercise, so de- structive to public virtue, the following, from the pen of the same New York editor, is a fair specimen. ^^ Removals. The work goes bravely on; the friends of Mr. Adams are removed from office, and the friends of General Jackson are appointed. This course, indicating firmness and obedience to the public will, will give perma- nency to any administration." 145. The reader will observe, that, there is not even a pretence of public utility urged for this proscription. It is admitted to have been made because the subjects are friends of Mr. Adams, and their substitutes the friends of General Jackson. The public offices are avowedly seized and distri- buted as spoils taken with the sword and the spear; and the administration is told, what indeed, it well knew, and what had induced the practice, that, the proscription would give permanency to its power. If, before the President left the Hermitage, his own temper had not prompted him to "reward his friends and punish his enemies," if the desire of vengeance had not caused him then, to forget or disregard the profes- sions he had made to Mr. Monroe, it is certain, that before his inauguration he had been seduced by the hope of this permanency, to adopt the slang and the practice of reform ; ELECTION OF GEN. JACKSON — REFORM. 71 in other words, to prostitute his official power to continue himself in office. Nay, this proscription has been unblushingly defended in the United States Senate, by Mr. Marcy, the present Gover- nor of New York. " When they," (the politicians) he ex- claimed, "are contending* for victory, they avow their inten- tion of enjoying the fruits of it. If they are defeated they expect to retire from office. If they are successful, they claim as a matter of rig-lit, the advantage of success. They see nothing wrong in the rule, that to the victor belongs the spoils of the enemy." 146. We know not who prepared the President's inaugu- ral address. From the careful non-committal, in many points, it savours of Mr. Van Buren, but it wants the gloss, with which that gentleman usually covers his doublings, and it is, therefore, probable, that it came from the unlettered soldier, rather than from the Machiavelian civilian. With foreign nation?!, the President proposed to preserve peace, and culti- vate friendship : To the States, the sovereign members of the Union, he promised, not to confound the powers they had re- served, with those they had granted: In the management of the revenue, which is falsely assumed as an executive prerogative, he proposed strict and faithful economy, with a view to the payment of the public debt, and to counteract that tendency to public and private profligacy, which a pro- fuse expenditure of money, by the Government, is but too apt to engender: In the selection of subjects for impost, he pro- fessed equal favour to agriculture, commerce, and manufac- tures; excepting from the rule the peculiar productions of either, which might be essential to national independence : Internal improvements, and the diffi^ision of knowledge, so far as they could be promoted by constitutional acts, he deemed of high importance: He further promised, not to enlarge the army, nor regard the military other than as subordinate to the civil power; to increase the navy, gradually ; tostrengthen the militia; and to observe towards the Indian tribes a just and liberal policy. 147. Upon all the uncontested subjects of national polity, this profession of faith and practice offers nothing new. Upon the vexed questions of the tariff*, and internal improvements, it is designedly and strikingly equivocal. In the promise to the States, South Carolina saw encouragement to nullifica- tion: In the strict and faithful economy, in the guarded re- marks on the tariff" and internal improvements, the enemies 72 ELECTION OF GEN. JACKSON — REFORM. of the American System found a pledge for its abandonment; And in the just and liberal policy towards the Indians, Georgia beheld the fruition of her designs upon the gold lands of the Cherokees. Yet the friends of domestic industry and inter- nal improvements, notwithstanding their apprehensions, would see in these plausible, indefinite expressions, only a disposi- tion for their judicious regulation. The duties on which we have commented, grew from the Constitution. But the new President found others which had a different origin. "The recent demonstrations of public sentiment," he says, " inscribes on the list of Executive du- ties, in characters too legible to be overlooked, the task of REFORM, {that is, rotation in office') which will require, 'par- ticularly, the correction of those abuses that have brought the patronage of the Federal Government into conflict with thefreedorn of elections, and the counteraction of those causes which have disturbed the rightful course of appoint- ment, and have placed, or continued power in unfaithful or incompetent hands.'''' " In the performance of a task thus generally delineated, I shall e7ideavour to select men whose diligence and talents will ensure in their respective stations able and faithful co- operation — depending upon the advancement of the public more on the integrity and zeal of the publ'ic officers than on their numbers.'''' We had supposed, that, the President of the United States was the mere creature of the Constitution, that his powers were given and regulated by it, and that he had neither du- ties prescribed nor powers conferred from any other source. That in it he lived, moved, and had his being. We bow be- fore the divinity of Public Sentiment, but it is in the temples which it has ordained, in halls of legislation and the courts of law. Legislators and Judges are its Priests and the ex- pounders of its will, and the President is but their executor. But the President has assumed to be the high priest of this divinity, which he considers paramount to the Constitution and the law, and its responses are made by and through him alone. The demonstration of public sentiment to which he professes obedience, is not a mere figure of speech. He as- signs it as authority for a Sylla-like proscription, in the at- tainment of power, and appeals to it, throughout his adminis- tration, to justify violation of the best established rights. 148. From the following passage of the President's Mes- sage, of December, 1830, will be seen, the kind of worship E1.ECT10N OF GEN. JACKSON — REFORM. 73 which he oObrs to this divinity. Like tlic Pagan priests gen- erally, ho is ever ready to obey the idol, having tirst supplied the sentiments of the oracle. "I know ot'no tribunal," he says, "to which a public man in this country, in a case of doubt and ditficulty, can appeal with greater advantage or more pro- priety, than the judgment of the people; and although I must necessarily in discharge of my official duties, be governed by the dictates of my own judgment, I have no desire to conceal my anxious wish, to conform, as far as I can, to the views ol those tor whom I act." Now this is very clear, though, per- haps, not very consistent. Here is protbund respect for the public judgment, but more protbund, for his own will. The people are to be king, but the President, is to be viceroy over tliem. But upon the relations between himself and the peo- ple, tlie President is still more explicit. He submits to the popular will when not opposed to the dictates of his own judgment, and successfully obviates every inconvenience which might result from a conflict of judgments, by assuming to interpret that of the people. For, he continues, "AH ir- regular expressions of public opinion are, of necessity, at- tended with some doubt as to their accuracy, but making full allowances on that account, I cannot, I think, deceive my- self, in believing that the acts referred to, {internal improve- ments) as well as the suggestions which I allowed myself to make in relation to their bearing upon the future operations of the Government, have been approved by the great body of the people." 149. This new source of presidential power merits to be dwelt upon, as well from the originality of the discovery, as the dangerous use to which it is applicable, and is applied. It is to an unprincipled politician, the most convenient engine which has ever been invented, for battering down the trouble- some barriers of the Constitution, Observe the process. The President suggests, in studiously indefinite terms, his views on some measure of public policy. Those who do not under- stand those peculiar views, and who, understanding, would oppose them, cannot object to them, on account of the terms in which they are conveyed. The Government presses, of which there are several in every State, shed such light upon these suggestions as they are instructed, taking due care to praise them without stint. These echoes alone are heard by the President, and are taken as the voice of the people. The condemnation of the suggestions by those who may have dis- covered their true tendency, are utterly disregarded. But in 7 74 ELECTION OF GEN. JACKSON — REFORM. the commendation of the venal presses, the President finds autiiority, that justilies him in prostrating, so far as in him lies, the measures which liave received the most unequivocal sanction of the nation, expressed in the resolutions and acta of its representatives, in Congress assembled. The whole system is one of demagogical tyranny, and has no other ob- ject, than, that which is almost avowed, to render the will of the Executive paramount in the State. 150. But we demand, wliat were the abuses requiring re- form and which brought the patronage of the Government into conflict with tlie freedom of elections? They were certain- ly not found in removals from office by Mr. Adams for political opinions or conduct. He made none. lie filled the public offices, not with those who claimed to have purchased them, by the expenditure of time and money ; but with those, Vvho had capacity and integrity fitting them for the service. What causes, we demand, could or did disturb the rightful course of appointment] That course had been such only as the Con- stitution prescribed. With the motives of change avowed — rotation in office, reward of friends, and punishment of ene- mies, the pretension to ])ub]ic virtue is, at least, not modest. 151. The new duty of reform was instantly commenced, and zealously prosecuted. Between the 4th of March, 1829, when the President assumed office, and the 4th of March, 1830, he displaced, chiefs and subordinates, more than two thousand persons; nor was the destroying sword staid until the more considerate partisans, knowing that the blood of the martyrs is the seed of the church, cried, Hold, Enough! Min- isters to foreign countries who had scarce reached their des- tinations were recalled, and a large expenditure thereby unne- cessarily incurred, on the ground that, with every change of the Executive, there should be a change of all officers, hold- ing responsible relations with the Executive — a ground w^hich had not been taken when party spirit was wildest, and which, if assumed hereafter, must, every four years, throw our for- eign relations into confusion and impose a greivous burthen on the treasury. Collectors and other agents of the customs were removed, even to the tide-waiters, who depended upon their daily wages for their daily bread; and not only were their places filled by famished expectants but new places were created to satisfy partisan rapacit3% The Post Office was prostituted. The virtuous and efficient head, under whose ministration it had ceased to be a charge upon the treasury, refusing to become the pander of this reform, was translated, ELECTION OF GEN. JACKSON — REFORM. 75 reluctantly, to another station ; and his place g-ivcn to one, who made the department bankrupt, in corrupting the people, and who has, unreproved, nay, approved, by the President, openly and undeniably violated the Constitution, by borrow- ing money on the credit of the United States without author- ity. But of this more hereafter. We must not in this enu- meration of the pure effects of reform, omit to state, that they reached even the Presidential electors. In Ohio tive were appointed to office. 152. The reform was not confined to the mere removal of official incumbents. The tenure of office was changed. Prior to the election of the Reformer, office was holden during the will of the President, which, in practice, was during the faithful performance of its duties. But a new construction was given, and the pleasure of the President was made to mean, whilst the officer obeyed his will in all respects. If any sinecure had existed it was now made to cease, for every incumbent was required to be instant, in season and out of season, in highways and by-ways, to cry aloud and spare not, in service of the Reform. Some officers, they have been few, have in removal, suffered the penalty of neglect of this duty. Mr. Jelferson denounced and punished, as criminal, all interference by officers of the General Government in popular elections. General Jackson rewards as virtuous, the most flagrant exercise of official influence upon the elective franchise. 153. This abuse of the power of appointment and removal is direct bribery; the most glaring, as it is the most success- ful, in modern times. It is in effect, an alteration of the Constitution, prostrating the only barrier between the Execu- tive power and the people. In no other mode, save by mili- tary pov/er, can the Executive control the public will. But, with tiie hope of appointment and the dread of removal, he operates on the polls, in the choice of agents, not only of the General Government, but even of the municipal institutions of the States— carrying into effect the plan proposed in 1829, at Washington, to form a great national party, which should rule in the State Legislatures, as in Congress, with its head- quarters at Washington, and with all the apparatus of presses and committees. This mode of corruption was not new. It had been, unhappily, long in use, in several of the States especially in New York and Pennsylvania, where the first Secretaries of State and the Treasury, appointed by General Jackson, had grown expert in employing it. But. the virtue 76 ELECTION OF GI^N. JACKSON — REFORM. and wisdom of the Presidents of the United States had, hitherto, resisted its introduction at Washington. 154. It was now, however, resorted to, with the most care- ful consideration of the means to make it effective. The removal of existing incumbents might be deemed, only, a measure of vengeance, towards enemies and gratitude to- wards friends, whilst thousands of serviceable spirits who had been animated to action by the hope of reward, would suffer their energies to subside in chagrin and despondency. It was, therefore, necessary, that the hope of office should be nourished, that the door of entrance should be kept open, not- withstanding most of the offices Jiad been, momentarily, re- formed. The President's Inaugural address spoke only of reform; but the Congressional Message of 1829, promised frequent change in office. By it the policy of the Executive on this head was developed, and the intention of applying this instrument of corruption, to the Legislature and the people, rendered palpable. The Message having recommended a change in the mode of electing the President and Vice Presi- dent, adds: 155. "If, however, it should be adopted, it is worthy of consideration whether a provision disqualifying for office the representatives in Congress, on wliom such an election may have devolved, would not be proper. "While members of Congress can be constitutionally ap- pointed to offices of trust and profit, it will bo the practice, even under the most conscientious adherence to duty, to se- lect them for such stations as they are believed to be better qualified to fill than other citizens; but the purity of our gov- ernment would, doubtless, be promoted by their exclusion from all appointments in the gift of the President, in whoso election they may have been officially concerned. Tlie na- ture of the judicial office, and the necessity of securing in the cabinet and in diplomatic stations of the highest rank, the best talents and political experience, should, perhaps, ex- cept these from the exclusion. "There are, perhaps, few men who can, for any length of time, enjoy office and power, without being more or less un- der the influence of feelings unfavourable to a faithful dis- charge of their public duties. Their integrity may be proof against improper considerations immediately addressed to tliemselves; but they are apt to acquire a habit of looking with indifference upon the public interests, and of tolerating conduct, from which unpractised men would revolt. Office ELECTION OF GEN. JACKSON — REFORM. 77 is considered as a species of property; and government ra- thier as a means of promoting individual interests, than as an instrument created solely for the service of the people, — cor- ruption in some, and in others, a perversion of correct feel- ings and' principles, divert government from its legitimate ends, and make it an engine for the support of the few, at the expense of the many. The duties of all 'public officers are, or at least admit of being made, so plain and simple, that the intelligent matj readily qualify them for their per- formance ; and I cannot but believe, that inore is lost by the long continuance of men in office, than is generally to be gained by their experience. I submit therefore, to your con- sideration, whether the efficiency of the government would not be promoted, and official industry and integrity better se- cured, by a general extension of the law, which limits ap- pointments to four years. " In a country where offices are created solely for the bene- fit of the people, no one man has any more intrinsic right to official station than another. Offices were not established to give support to particular men at the public expense. No individual wrong is therefore done by removal, since neither appointment to nor continuance in office is matter of right. The incumbent became an officer with a view to public bene- fits; and when these require his removal, they are not to be sacrificed to private interests. It is the people, and they alone, who have a right to complain when a bad officer is substituted for a good one. He who is removed has the same means of obtaining a living that are enjoyed by the millions who never held office. The proposed limitation would de- stroy the idea of property now so generally connected with official station; and although individual distress may be some- times produced, it would, by promoting that rotation which constitutes a leading principle in the republican creed, give healthful action to the system." 156. Now this is broad enough to be readily understood by members of Congress elect, and to be elected, and by every office-seeker throuH'hout the land. The first are told, that it will be the practice, even under the most conscientious adhe- rence to duty, to select them for such stations, as they are be- lieved better qualified to fill than other citizens. The nature of this better qualification is now understood to be implicit obedience to Presidential behests, which some of the officers selected from Congress, as Messrs. Branch, Berrien, Ingham and McLane, have not been able, perpetually, to maintain. 7* 78 ELECTION OF GEN, JACKSON — REFOUM. Disappointed applic5aiits for place are encouraged to persevere; being- told, that continuance in otlice smacks of corruption; that all are competent to office ; that industry and integrity are better secured by short and limited tenure; that no con- sideration will stay the removal of an officer, when the public benefit {read party interests) require it; and that rotation in office constituting a leading principle in the republican creed gives healthful action to t!ie system. The writer of this por- tion of the Message knew, in the language of the orator of Roanoke, "that the power of conferring favors creates a crov.'d of dependants; that, when a savory morsel is held up to the eager eyes of the hungry hounds, it matters not, whether, the gift be bescowed on Towser, Sweetlips, Tray, Blanch or ►Sweetheart ; while held in suspense, they are all governed by n nod, and when the morsel is cast, the expectation of the fa- vours of to-morrow, keeps up the subjection of to-day." 157. A word, however, becomes necessary, here, upon the maxim of "rotation in office," much abused and misunder- stood. A perpetual President, v/ould, in this country, not only be a monarch, but, probably, speedily, a despot. A mem- ber of Congress, if not liable to frequent change, might be- come corrupt or negligent, and would not have that nnpress of the times, that intimate knowledge of the interests of the people and disposition to promote them, which he now pos- sesses. But what injury can possibly accrue to t]ie State from the continuance, of a faithful postmaster, collector or clerk, in office] It is as absurd, to suppose, danger in such cases, as in that of a tried, and faithful domestic servant. The attempt to extend the maxim to agents of tJiis class, is but a measure of party tactics. The true spirit of the maxim is tliis: When the people find, that, an officer does not fulfil the purpose of his appointment, tliat they may put in his place one that will. 158. The broad manifestation of the President's views, in relation to office, had become necessary, from his declarations, when a candidate for office; when, uninstructed by skilful advisers, he may have believed, that there was other discrim- ination between virtue and vice, than their adaptation to pro- posed ends. In his letter of October 7, 1825, addressed to the Legislature of Tennessee, when resigning his seat in the Senate of the United States, the General observed: 159. " With a view to sustain, more effectually in practice, the axiom which divides the three great classes of power into constitutional checks, I would impose a provision rendering ELECTION OF OEN. JACKSON — REFORM. 70 any member of Congress ineligible to office, under the Gen- eral Government during the term for which he was elected, and two years thereafter, except in cases of judicial office, The eSect of such a constitutional provision is obvious. By it, Congress, in a considerable degree, would be free from that connexion with the Executive Department, which at present gives strong ground of apprehension and jealousy on the part of the people. Members, instead of being liable to be withdrawn from legislating on the great interests of the nation, through prospects of Executive patronage, would be more liberally confided in by their constituents; v*'hilst their vigilance would be less interrupted by party feelings and par- ty excitements. Calculations from intrigues or management would fail; nor would their deliberations or investigations of subjects, consume so much time. The morals of the coun- try would be improved, and virtue uniting with the labours of the representatives and with the official ministers of the law, would tend to perpetuate the honour and glory of the Govern- ment. But if this change in the Constitution be not made, and important appointments continue to devolve upon the re- presentatives in Congress, it requires no depth of thought, to be convinced, that corruption will be the order of the day; and that, under the garb of conscientious sacrifice, to estab- lish precedents for the public good, evils of serious importance to the freedom and prosperity of the republic may arise. It is through this channel, that, the people may expect to be at- tacked in their constitutional sovereignty; and where tyranny may expect to spring up in some favourable emergency." In the same letter, he observes, "it is due to myself to practice upon the maxim I recommend to others." 160. Now, was the General sincere when he wrote these sentiments ? They are a severe, because just, reprehension of Ids conduct. Had he a presentiment of his own course in the Presidential office 1 Or has the prophecy, as in other cases, contributed to its fulfilment! Certain it is, that he appointed, during his administration, more members of Congress to office, than all his predecessors; having taken fifteen from the Sen- ate and twenty-six from the House of Representatives; and it is not less certain, that, in the latter body he has found greater subservience, to say the least, than has been display- ed towards any other President. 161. There are, it seems, in the service of the United States, between forty and fifty thousand officers, dependent, directly or indirectly, upon executive favour; all of whom 80 ELECTION OF GEN. JACKSON — REFORM. were, formerly, deemed responsible to the country for the faithful performance of their duty; but who, by the new theory, as above set forth, enlarged and explained, by ihe President's Protest to the Senate, have become the mere tools of the presidential will. 162. Let us take a case of illustration from Boston, which we might parallel in every seaport of the Union. Several inspectors of the customs were, there, removed by the newly appointed Collector, who had been an editor of a newspaper devoted to the President. The gentlemen dismissed were universally acknowledged to be faithful otHcers, good citizens, with large, dependent families. To one of them was ad- dressed the following ungentle note. Boston Custom House, April 7, 1829. Sir — I have appointed another person to the office of In- spector, held by you. You will consider this your discharge from any further service in said office. David nENSHAW\ Mr. Ebenezer Clough. Mr. Clough, a sturdy old patriot, commented upon this transaction, in a public journal, thus: Messrs. Editors: I wisli to ask, through the medium of your paper, if offices have been sold or bartered away for votes] Are officers to be turned out of office, to make room for these voters? And must even subordinate officers be re- moved, to give place to these subordinate voters. Gracious Heaven ! (with reverence would I ask) what is our country coming to? Must a humble citizen, for only exercising the right of a freeman, which he is entitled to, by the laws of hia country, be discarded for so doing 1 Is it possible, in a free country, like ours, that a man, for exercising the right of his conscience — which right his God and his country has en- joined on him, as a duty — is to be deprived of a living for so doing? If so, farewell Independence, and farewell Liberty! But let it be known to the whole world, if I die starving, I'll die a Yankee — that is to say, independent in principle, if not in, purse. Ebenezer Clough, Ward No. 1. 163. The above, comprehends a case of reward of a friend, of an editor, for services rendered. The following is one of the punishment of an enemy — of an editor, for opposing the apostle of reform. ELECTION OF GEN. JACKSON — REFORM. 81 CiRCLEviLLE, (Ohio) April 25, 1829. " John Ludwig-, Esq. lias received the appointment of Post Master, in Circleville, vice W. B. Thrall, removed. " The reader will perceive, that, the editor of this paper has been removed from the office of Post Master, at Circle- ville. In October last, he voted the ticket headed Jeremiah Morroio; for which heretical act his official services have been dispensed with, with just as little ceremony as were the lives of Arbuthnot and Ambrister. " The recent demonstrations of the work of reform, most clearly evince the settled policy, on the part of those clothed with the vestment of authority, to exclude from the public service, all those who have not subscribed to the dominant faith. They illustrate, moreover, that the violent struggle which has agitated the nation, for five years past, — disturb- ing the public confidence in the institutions of the country and interrupting social harmony throughout the land — has not been, on the part of the leaders and promoters of the un- natural experiment, a patriotic contest for principle; but a mercenary scrambling for office, and tor pay. Powerful in- terests, in their nature uncongenial, were brought to a har- monious coalescence, in this common object. Professed at- tachment to a man, and the assumption of a name, have been hold paramount to principle, or a conscientious discharge of duty. The motive and common bond of those who embarked against the cause of their country, and in opposition to the light of their reason, were to possess themselves of the com- fortable and lucrative places under the Government. The "task" is consummated; and the labourers are becoming clamorous for their wages." 164. The correctness of these remarks, by the Ohio editor, is confirmed by the following note, which we submit without comment. War Department. Major Nourse — The chief Clerk of a department should, to his principal, stand in the relation of a confidential friend- Under this belief, I have appointed Dr. Randolph, of Virginia. I take leave to say, that since 1 have been in this department, nothing in relation to you has transpired, to which I could take the slightest objection; nor have 1 any to suggest. Verv respectfully, J. H. Eaton. May 2, 1829. 82 ELECTION OF GEN. JACKSON REFORM. 165. One case more from the papers of the day, will illus- Irate the sense of the office seekers relative to the task of re- form. From the Pittsburg Gazette, of April 24, 1829. " A BARGAIN ! — It is well known that Mr. , of this city, and Capt. , of Washington county, are candidates for the appointment of Marshal for the Western District of Pennsyl- vania. Mr. , being- most industrious, liad far outnum- bered Capt, , in recommendations, though it was thought, from General Jackson's treatment of the latter, while here, t!iat he would confer the otFice upon him. It seems, how- ever, that Captain is willing 'To make assurance doubly sure And take a bend of fate.' For he has offered to purchase Mr. 's riglit, title, inter- est, and claim, and recommendation to the office, for n valuable consideration, in kind. This fact, and the manner of it, we find thus recorded in the last Statesman: "He (Capt. ) wrote to Mr. , stating, in substance, as follows — 'Mr, , if you will witiidraw your claims to the office of Marshal, and transfer your interest to me, I'll make over my interest to you, and I'll put you on a track by which you shall get the appointment of Postmasler at Pitts- Imrg.'' Mr. , it seems, was not ready for such a bar- gain, and treated the overture with the contempt it merited." 166. Yet another instance, to show the decency of the office seeker and office giver. Wm. F. Waterman gave aa a toast, " xAdams, Clay, and Co., may they be politically damned." Instead of sinking the political maniac, this toast gave him a passport to office, and he became Inspector of the Customs, at Pawtucket, Rhode Island, in the place of Mr. Hunt, who was removed to make way for him. Mr. Hunt had held the office thirty years; one requiring peculiar abil- ity, for which he was admirably fitted. 167. Upon this abuse of the appointing power, the justice of the following observations, from the Savannah Mercury, an administration journal, will, we think, be admitted by every disinterested and reflecting citizen : " When the whole patronage of the Government shall be wielded, solely, with the view to reward the personal friends of the Executive, then ma.y the patriot tremble for the safety of his country. When appointments to office shall be made, not for the purpose of rewarding public service, or engaging ELFXTION OF GEN\ JACKSON — REFORM. 83 eminent talents in the service of the state, but for the pur- pose of rendering those who have united tlieir influence in raising an individual to power, then may the patriot tremble for the perpetuity of our institutions. But when the appli- cant for office shall himself no longer plead the value of his l>ublic services, the purity of his principles, or his capacity to discharge the duties of the oiiice which he seeks — and boasts, only, the importance of his influence, in securing the election of the individual Chief Magistrate, then may w&fear, that the body politic has become corrupt, and that the whole system is rotten to the heart. " It is plain, that, the Government can be administered in purity no longer than those who administer it continue to be actuated by pure and disinterested motives.. If a President of the United States, from the moment of his coming into office, use his power solely for the purpose of rewarding those who have placed him there, it is evident that the purity and freedom of elections would soon be destroyed. Politicians would not seek to exalt the most upright, the most capable man to oflice — but him who would reward them most liberally. "It is with such apprehensions as these, that we have ^witnessed the late appointments of President Jackson. It would seem, as if he had inquired for no other merit in the applicant for oflice, than the merit of having helped him to tlie Presidency. He has not sought for talents : men noto- riously destitute of talents have been called to distinguished offices : He has not looked tor principles ; men, of all princi- ples, and without principle, have found favour at his hands: He has not regarded previous public services; the grey haira of the veteran have been thrust aside, to make roonj for tyros, whose names are new to the country: He has not regarded virtue or morality; he has removed officers of unsullied char- acter, and given their places to those v./hose lives have been a scandal to the age. In short, devotion to his interests seems to have been the only quality sought for, or valued. Well may we tremble at the future prospects of the country, when such is the course of an American President." 168. But this duty of reform, imposed by ^'public senli- inenl," disdained the trammels which the Constitution had provided to prevent excess. Though the Senate remained in session, approving the nominations made by the Presi- dent, until informed by him that he had no further nomina- tions to make, they had scarcely adjourned, when several appointments v^ere made without their advice and consent; 84 ELECTION OF GEN. JACKSON — REIORM. some of which had been determined on before the Senate ad- journed, thou(2^h witliheld from that body. This use of power to create vacancies, that the Presi- dent might till them, may not be against the letter of tlie Constitution, but it is most hostile to its spirit. Extend the practice a little farther than it was here carried, extend it as far as the President has since carried it, and all the officers of the Government become the creatures of the President, alone, for a year at least. And in this respect, one of the plainest provisions of the Constitution, that requiring the ad- vice and consent of the Senate to appointments, has been vio- lated. Of this, also, more hereafter. 169. The example of Mr. Jefierson has been unwarrant- ably cited to justify this party proscription. But his tolera- tion is especially and admirably contrasted with this system of persecution. In a letter to Mr. Gerry, of 29th March, 1801, he says — " Officers who have been guilty of gross abuses of office, such as marshals, packing juries, &:c. I shall now remove, as my predecessor ought, in justice, to have done. The in- stances ivill be Jho and governed by strict rule, and not by party passion. The right of opinion shall suffer no inva- sion^from me. Those, who have acted well, have nothing to fear, however they may have differed from me in opinion." 170. His letter to Governor Hall, of Delaware, shows the firmness with which he maintained this pure intention, and throws into deep shade the inconsistency between General Jackson's professions and practice. Col. Allan McLane, fa- ther of the late Secretary of State, had been an active and zealous soldier of the Revolution ; but he was, in 1802, quite as much distinguished for his activity and zeal as a federal partisan, and had rendered himself extremely obnoxious to the democratic party, in the State of Delaware. He held the office of collector of the customs, at Wilmington, from which his removal was solicited by a democratic republican meeting at Dover, and by the grand and general juries of the Circuit Court of the United States, held at that place. In replv to the letter of the Governor, covering remonstrances, Mr.'Jefferson said; (July 6, 1802.) "When I first came into the administration, complaints were exhibited against Col. McLane, and an inquiry imme- diately directed to be made into his conduct. Every opportu- nity which could be desired was given, on both sides, to the producing of testimony; and on a very full investigation, he ELECTION OF GEJS. JACKSON — REFORM. 85 was finally acquitted. He had a right to consider that ac- quittal as a bar fo every thing anterior, and certainly, accord- ing to sound principles, it must be so considered. I am per- suaded that the republicans who have concurred in these ad- dresses would be as incapable of v/ishing me to do any thing- which wduld bring a just censure on the administration, as I should be from yielding to such a wish. We have no inter- ests nor pa-ssions ditferent from our fellow citizens. We have the same object, the success of representative government. The eyes of suffering humanity are fixed on us with anxiety as their only hope ; and on such a theatre, and for such a cause we must suppress all smaller passions and local consid- erations. The leaders of federalism say, that, man cannot be trusted with self-government. We must not, by any depart- ure from principle, dishearten the mass of our fellow citizens, who have confided to us this interesting cause. If, since the date of the acquittal. Col. McLane has done any new act in* consistent with his duty as an officer, or as an agent of the admiriistration, this v»'ould be legitimate ground for new in- quiry, into wliich I should consider myself as free to enter. No particular fact of this kind is charged in the addresses; but only that he is disagreeable to the citizens of the place. This would be among Iho proper considerations on the ap- pointment of an officer, and ought betbre appointment to have weight; but after nia7iy years possession of an office, and an exact discharge (f its duties, removal for this reason would not he approved by those beyond the pjule of his unpopular- ityy 171. But the administi-ation is not content by the abuse of the appointing power to dishearten the mass of their fel- lov; citizens who had committed to them the people's cause of self-government, but they mock tiiis people, wiiilst in the very act of corruption, and in the enjoyment of the ill-gotten gains of their sins, by a parade of principle which by con- trast make their crimes most fiagrant. Thus they do not Compound for sins tliey are inclined to By dasuning those, they have no mind to But v/it!i an audacious hypocrisy of another sort, openly preach against the sins, which they as openly practice. Of this, the following extract from the President's Message of December, 1830, is a disgusting proof. "It was a leading object with the framers of the Constitu- 8 86 ELECTION OF GEN. JACKSON— REFORM, tiori to keep as separate as possible the action of the Legisla- tive and Executive branches of the Government. To secure this object, nothing- is more essential than to preserve the for- mer from the temptations of private interest, and, therefore, so to direct the patronage of the latter, as not to permit such temptations to be otFered." * * * "The agent* most like- \y to coiitravene this design of the Constitution is the Chief Magistrate. In order, particula»rly, that his appointment may, as far as possible, be placed beyond the reach of any improper influences; in order that he may approach the solemn respon- sibilities of the highest office in the gift of a free people, un- committed to any other course, than the strict line of consti- tutional duty ; and that the securities for this independence may be rendered as strong as the nature of power and the weakness of its possessor will admit, I cannot too earnestly invite your attention, to the propriety of promoting such an •amendment to the Constitution, as will render him ineligible after one term of service." Nothmg can more strongly illustrate the corruption of the Jackson administration than tiie preceding extract. The evils flowing from the abuse of power are clearly perceived, yet deliberately pursued, whilst a remedy tor the disease, which they are labouring to spread is proposed, v.hich cannot be pre- pared, if seriously proposed to be prepared, until the patient has grievously suffered under insidious treatment. There is a remedy, however, which Congress can supply, by stripp'^ng the President of the power of removal. This leads us to con- sider the nature of that power, for which wc will take a separate chapter. i CHAPTER VTI. VIEW OF THE PRESIDENTIAL POWER TO APPOINT TO, AND REMOVE FROM, OFFICE. 172. At the present day, in all governments not absolutely despotic, political power is distributed into three branches; Legislative, Judicial and Executive : Where they are blended, absolute despotism prevails. When the Legislative and Ex- ecutive powers are united, there can be no liberty; because, the same persons may enact tyrannical laws and execute them in a tyrannical manner : Nor can there be liberty where the Legislative power is united with the Judicial; for the life and liberty of the citizen, is exposed to arbitrary control, and the law may be made for each and any occasion: Nor where the Judicial is blended with the Executive; for the Judge may modify his sentence, in its execution. 173. These principles were duly apprehended by Ameri- can statesmen, when preparing the Am.erican Constitutions : but they were not easily reduced to practice, by making the departments wholly distinct in their functions. In most of the State Governments the principle of separation was em- phatically declared, and in some, was laid down in unqualified terms; but in none, was the division fully preserved. The result of the experience of the country, upon a very extend- ed scale, is, that, for the assurance of the degree of separa- tion indispensable to freedom, the departments must be so blended, that each may check the assumption of power by the other. Power was, therefore, given to each department, by constitutional means and personal motives, to resist encroach- ments of the others; v.hilst care was taken to prevent either from having an overruling influence on the others. 174. These counter checks were supposed to have been applied in the Constitution of the United States. To restrain the legislative power, it was divided into two branches, and the assent of both made necessary to a legislative act; the Judges were made independent in their salaries, and in the tenure of their oflices; and the Executive was armed with the veto on the laws, and further strengthened by a qual- ilied connection with the weaker branch of the legislature. No conception seems to have been formed of a case, in which 87 88 PRESIDENTIAL POWER OF APFOINTMEXT, &C. the Executive and stronger branch of the Legislature might combine against the weaker, and no provision was made against it. But circumstances have demonstrated, that, such combination may exist; and though it cannot compel the other branch to unite in declaratory laws, it may prevent it from applying remedial ones. 175. VVe have spoken of the Legislative, Judicial and Ex- ecutive branches of Government, as if they had existence anterior to, and independent of, the Constitution. Such 'in- ference, may be, because it has been, drawn from the general- ity of the terms used in the Constitution of llie United States, for the purpose of enlarging the executive power. The pri- mary articles of that instrument prescribe the organization and the powers of tlie three departments. The first declares, that, "all legislative power, herein granted, shall be vested in a Congress," &c. The second says, "The Executive power shall be vested in a President of the United Slates ot Amer- ica;" the third directs, that, "The Judicial power shall be vested in one Supreme Court," &c. It would be highly er- roneous to suppose, that, these terms gave all power, which might be deemed. Legislative, Executive or Judicial, to the several branches, because they are but descriptions of the officers to whom such powers were to be confided, and do not define the extent of the grant. The Constitution, when con- ferring power, proceeds, not, by general definition, but, by specific grant. If, it confers power in general terms, it imposes limitations, and the grant and limitation must be con- strued together. The mere nomination, tlierefore, of a de- partment, by the name of Legislative, Executive or Judicial, as a branch of the Government, does not confer any power; and we must look to the provisions of the Constitution, to learn what power it regards as Legislative, Executive and Ju- dicial, and what is conferred on the departments, respectively. None, seriously, contend that all Legislative power belongs to Congress — all Executive power to the President — all Ju- dicial power to the Courts of the United States. 176. The Government of the United States being a crea- ture of limited powers, whose being, end and aim, are determin- ed by the Constitution, it follows, that it has no powers origi- nating in other sources. Original jmliiicol power, may be a comprehensible term in Governments founded on other than definite grants ; but in the United States, it is every where unknown, save in the body of the people. All the govern- ments, here, are limited governments. And no department, PRESIDENTIAL TOWER OF APPOINTMENT, &:C. 89 therefore, of any government, can, without usurpation, assume powers from any source, other than, or anterior to, the Con- stitution. 177. There is, perhaps, nothing- more singular in American politics, than the apprehension of legislative, and the dis- regard of executive, encroachment on the other depart- ments, prevailing in the Convention which formed the Federal Constitution. That body employed itself, principally, in rais- ing barriers against legislative invasion, presuming sufficient restraint to have been imposed upon the Executive, by sub- jecting its appointments, and its diplomatic power to be con- trolled by the Senate. The members of that Convention, and the statesmen who succeeded them, have certainly shown great sagacity, having foreseen and provided against, many of the perils of delegated authority; but they saw not all the means of abuse. They foresaw, clearly, that, the legislative might, openly and successfully, invade the executive power; but they did not foresee, that the executive could, covertly and successfully, sap and control, the legislative. Such power was known to have been assumed by the executive department of the British Government, which, through its appointing and disbursing faculties, corruptly governed the Parliament; but the members of the Convention trusted to the restraint of the Senate upon the former, and to the re- sponsibility of our fiscal agents to the Congress, against the latter. Nor would they, periiaps, have trusted in vain, had not an unfortunate construction of the Constitution given to the President the uncontrolled power of removal of most of the agents of the people from office, with the flattering cor- ollary that they are his deputies and servants; and, had not the Executive discovered the means of making appointments without the advice, and even, against the consent, of the Sen- ate. This grievous fault, like to be grievously answered, is attributable to the confidence placed in the transcendent ex- cellence of the first President. Had any other, than Wash- ington, been proposed as first Chief Magistrate, the Federal Convention, would, probably, have guarded further against executive usurpations; and the first Congress would have been more disposed to limit, than to enlarge, executive influ- ence. 178. One must now smile, but sadly, at the confidence of the first Congress, in presidential honesty and discretion, in the use of the appointing power. So little did the majority of that Congress dread the abuse of this power, that, they 90 PRESIDENTIAL POWLIl OF APPOINTMENT, OiC. deemed it impossible that it should be employed for other than laudable and public ends. Yet, instructive history furnished them a precedent of abuse in a case strikingly analagous. 179. In theory, the legislative and executive powers in the English Constitution are as distinct and independent as in the Constitution of the United States; yet from the time of George I. and Sir Robert VValpole, the King swayed the boasted omipotencc of the parliament, and, prac- tically, with some few exceptions, exercised the whole legis- lative power; the lords and commons, enacting, pro forma, into laws, the resolutions of the royal council. The power which broke and deformed the British Constitution, was execu- tive patronage corruptly employed, in appointments to office, and in public disbursements. The means by v.'hich the change vv'as effected, were, the purchase of votes, grants of fraudu- lent contracts, iniquitous acts in the influence of elections, irresponsible use of secret service money, and the prostitu- lion of the press ; all of which, there is too much reason to believe, may be employed in this country. 180. We may not accuse the Convention, of 1787, of hav- ing altogether overlooked this danger, though it did not pio- vide, efficiently, against it. It provided by the Constitution, that "no Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof have been increased, during such time; and no person holding any office under the United States, shall be a member of either House, during his continuance in office." This restriction does not affect half the cases of temptation to officers; and it has been narrowed by the practice of appointing members of Congress to diplo- matic stations. In our view, the office of a diplomatic agent is not perennial. It lives, changes form, and dies, at the breath of the President. At his will, a minister plenipoten- tiary, represents us, to-day, at St. James' ; to-morrow, a charge d'affaires; and on the third day, we have no representative. The office is created for the special occasion, and every nom- ination is a distinct creation of the office ; and, therefore, no member of Congress can be appointed to such an office, con- sistently, with the Constitution. To have relieved Congress from the influence of this power, no member should have been permitted to take office, during the period, at least, for which he was elected. 181. To guard against treasury influence, the Constitution PRESIDENTIAL POWER OF APPOINTMENT, &C 91 forbids money to be taken from the treasury without appro- priation by law ; and the statute provides, that no member of Congress shall participate, in any contract with the United States; and that no contract shall be made by the secretaries, unless authorized by law, or under an appropriation adequate to its fulfilment; except certain contracts for subsistence and clothing-, and contracts by quarter masters. 182. In every respect, these provisions have been in vain. We have shown how the executive power has been abused with Congress, and we shall see its abuse in the other cases hereafter: Of the effect of that power upon Congress, we shall also have an appropriate place to speak. 183. The power to appoint to office, is fully, and we think, wisely, given to the President. Responsibility for its exer- cise can be obtained, only, when it is in the hands of an indi- vidual; and liable, as we have, there, seen it, to perversion, intrigue, and corruption, these evils are multiplied by the multi- plication of the members of the executive body. If the tenure of the office be independent of the appointing officer, m uch ofthe m- diicement to abuse that power is taken away. The appointee is a freeman, at liberty to exercise his own judgment in political affairs, and does not disfranchise himself by the acceptance of place. But, if the appointee be liable to removal, he is not only, irresistibly, tempted to purchase place, by subserviency, but to preserve it, by continued homage. It is, therefore, desirable, thai the Constitution should have restrained the power of re- moval, in the hands ofthe President, or should have left it, more wiselv, to the reo-ulation ofthe Legislature. The latter, we think, has been done, as will be apparent from a review of the manner in which its exercise came to the President. , 184. The Constitution of the United States, consisting of fundamental rules, only, contains little else than general prin- ciples, which are necessarily subject to various and conflict- ing interpretations. Scarce a year has elapsed, since its adoption, in which some construction, nr new application of principle, has not agitated the country. Such will, probably, continue the case, so long as due regard for political liberty excites a wholesome jealousy of constructive power. As this power must be exercised in subservience to prevalent circum- stances and opinions, and as these may prove deceptive, errors may arise, for which experience must furnish the corrective. If the sense of the Constitution be perfectly clear, and its op- eration prove mischievous, the sole remedy lies in the consti- tutional amendment of the instrument. But, when an evil 92 PRESIDENTIAL POWER OF APPOINTZ\iENT, &LC. practice results from the construction of the letter, it is the voice of experience teaching us to seek another interpretation. It is the extraordinary and peculiar circumstance, which Mr. Madison admits may arise, to change the construction, how- ,, ever long received. The power to appoint to, and the power to remove from, office, may illustrate this distinction. Thus, the power of the President to appoint to office, in the cases stated in the Constitution, however injurious it may prove, cannot be resumed, without an alteration of the Constitution, by the people. It is clearly and expressly given. But, the power to remove from office, is no where given in terms, but is derived, altogether, from implication. If it be grievous, it may be remedied by changing the construction. 185. In the absence of every expression which might give this power, adherence to the letter of the Constitution, would make the tenure of every officer, that of good behaviour; since he could be removed, only, upon the judgment of the Senate, on impeachment. This opinion was sustained by some dis- tinguished members of the first Congress. But the inconve- nience, as it regards many offices, is such, that it has not had many advocates. Three other opinions have been maintained. I. That the power to remove belongs, exclusively, to the Pres- ident: II. That it rests with the appointing power, consist- ing of the President and Senate : III. That it is a power necessary and proper, to carry into eifect other powers, and being not otherwise delegated, is granted to the Congress, as a proper case for legislation. We will consider these in their order. The question came up for consideration, for the first time, in the first Congress, when about to establish the Exec- utive Departments. 186. I. The power to remove from office, was claimed for , the President alone, as incident to the power to appoint. It was admitted to be a dangerous one, but still convenient, necessary, and clearly a part of tlic executive power; all of which was vested in the President. Protection against its abuse, lay in the character of the Chief Magistrate; who it was to be presumed, would possess integrity, independence, and high talents, and would not pervert his power to the base purposes of ministering to his own resentments, or to party interests and intolerence; parti-cularly, as the wanton re- moval of meritorious officers would be an impeachable of- fence. It was further urged, that being responsible for all the officers of the executive department, they must be re- movable at his pleasure; and that, being required by tlie PRESIDENTIAL POWER OF APPOINTMENT, &C. 93 Constitution to take care that the laws be faithfully executed it was indispensable that all executive officers should depend upon him. 187. It was replied, that, it was an assumption wholly- gratuitous, to say, the power to remove was incident to the power to appoint ; the one beinn- readily separable from the other, as was apparent, by the Constitution itself, under which the President and Judges were appointable by one power, and removable by another; by the applicability of impeachment for removal, in all cases ; and by the assignment of the power of removal to other than the persons who appoint, in various manners, under the State Legislatures: Tiiat, the power to remove, could not be deemed, exclusively, an executive power, since, even the power to appoint was exercised by the State Legislatures; and Congress might vest it in certain cases, in the judiciary, under the Federal Constitution: That, if it were an executive power, it must be given by the Con- stitution, since no department possessed any power not de- rived from that instrument, and whether it were so derived, was the matter at issue: That, if the removing power were incident to the appointing power, it did not pertain to the President alone, as the appointing power was in him and the Senate, conjointly: That, history forbade us to presume, the incorruptibility of any individual, however exalted; that he would not aim to increase his power, or that he would be superior to the evil passions common to our nature: That, the responsibility imputed to the President, was ideal; he was not punishable for the acts of any of his appointees; and even the responsibility for their appointment was divided with the Senate; 'that if responsibility rested on the power to re- move, that power being denied, the responsibility ceased : That, the duty to superintend the execution of the laws, was to be performed as all other executive duties, by means sup- plied by the Constitution ; and the averment that this was a constitutional mean, was but a begging of the question. 188. II. It was contended, that, if tlie power to remove, were incident to that of appointment, it vested in the President and Senate, as the President alone could only nominate; to appoint, required the advice and consent of the Senate. This view w'as sustained by the Federalist, (No. 77.) It was also contended, that, not only was there no expres- sion in the Constitution giving the President the power of re- moval from office, but that the contrary is strongly implied; lor it is said, that, Congress may establish offices by law, and 94 PRESIDENIIAL POWTR OF APPOINTMENT, &.C. vest the appointment, and consequently the removal in the President alone, in the courts of law, or heads of depart- ments; showing that Congress was not at liberty to make any alteration, by law, in the mode of appointing superior offi- cers; and, consequently, not at liberty to alter the man- ner of removal: That, the Senate was a permanent body, so constructed as to give durability to public measures; that permanency was designed and desired in the magistracy, and, therefore, the Senate was combined in the appointment to office, and should be, in the removal. For, if the President alone have the power of removal, he may, at any time, de- stroy whatever has been done. Such a principle would be destructive of the intention of the Constitution, expressed by giving a participation in the power of appointment to the Senate; and would, also, subvert the clause, which gives to that body the sole power of trying impeachments; because, the President may remove the officer, in order to screen him from the effects of their judgment or impeachment. 189. It was objected, that the Constitution no more gave the power of removal to the President and Senate, than to the President alone; that, if the appointing power were in them, still it must be determined, that the removing power w-as incident to the appointing power: That, to require the concurrence of the President and Senate, in the removal of an officer, was highly inexpedient — for that, in all cases of removal, the President must accuse to the Senate; and every question of removal might become a trial of the accuser, as Vv'ell as of the accused; that, the dignity and usefulness of the President must necessarily be, in either case, diminished; and that such joint power could be conveniently exercised, only, by the constant session of the Senate ; as cases might arise, that would require action, before the Senate could be assembled. 190. III. A third party contended; That the case was pro- vided for in the Constitution; the 18th clause. Sec. 8, Art 1, giving Congress power to make all laws which shall be neces- sary and proper for carrying into execution the pov/ers grant- ed by the Constitution, and thereby vested in the Government of the United States, or any department or office thereof: That, the necessity of the power of removal, otherwise than by impeachment, was universally admitted : That, the power of creating offices is given to the Legislature, which under this grant may determine their organization, affix the tenure, and declare the control ; may provide, that, tlie office be PRESIDENTIAL POWER OF APPOINTMENT, eople concerning- the propriety of subscribing for stock in private companies." And they, therefore, deny that there was any change in the public mind on this interesting subject. To render the exer- cise of the veto still more extraordmary, whilst a narrow cir- cumvallation was drawn around the system of internal improve- ment, to be straightened, or enlarged at the President's plea- sure, he did, in 1831 and 1832, and subsequently, sanction appro- priations similar to those he had rejected ; mocking himself and deriding the country by his inconsistency. He approved "an act making appropriations for carrying on eertam roads and works of Internal Improvements, and providing for surveys," which, in despite of the veto, had passed both houses by large majorities — receiving in the Senate 26 votes to 10. And in July, 1832, he approved and signed, " An act making appropri- ations for certain internal improvements for the year 1832, including appropriations for almost every sort of public work coming under that definition, from the sum of $270,000 for the Delaware Breakwater to the pittance of $250 for remov- ing obstructions on the Berwick branch of the Piscataqua river. The whole sum appropriated by that bill exceeds a million of dollars, and yet, with the most reckless inconsis- tency, he rejected a bill at the same instant, embracing the features, and the features only, of one that he approved. An attempt, indeed, has been made to get over this incon- sistency, by claiming for the President the new and higher pov/er to dispense with the laws, even, with those which he himself has sanctioned. Thus the Globe of the 11th of July, 1832, in the very pre- sence of the General, declares, in an authoritative manner, that, " with respect to the Missouri, the Mississippi above the mouth of that river, and the Monongahela above Pittsburg, if, on inquiry, HE (the President) becomes satisfied, that these streams from their importance are within the princi- ples laid down in the Maysville veto, HE will go on to ex- tend the improvements to them; if HE is satisfied they are not, HE WILL NOT EXERCISE THE AUTHORITY VESTED IN him!!" Ours is designed to be the government of the majority, but MESSAGE OF 1829 — POLICY OF THE ADMINISTRATION. Ill it has been our fate, under the Jackson administration, to have failed in the most interesting- objects of that design, to have the voice of the majority controlled and annulled by an individual, and the whole welfare of the country made dependent upon one man. Is this the design of the Constitution? If it be, then have our forefathers most vainly fought for freedom, and we have most grossly flattered their wisdom, which instead of framing a system of rational liberty and popular govern- ment, has formed an intricate, but nevertheless, an absolute despotism. To determine this problem we must ascertain what is the true character of the legislative power of the President 216. By the Constitution, every bill which shall have passed the House of Representatives and the Senate, must be presented to the President; if he approve, he signs it, if not, he returns it, with his objections to that House, in which it originated, whichenterstheobjections, at large, upon its journal, and proceeds to reconsider it. If, then, it re- ceive the sanction of two-ihirds of both Houses, it becomes a law. If the President do not return the bill within ten days, (Sundays excepted) after it has been presented to him, it be- comes a law, as if he had signed it; unless Congress, by ad- journment, prevent its return, in which case, it is not a law. 217. The power of rejection thus given to the President, is called his veto, from the latin verb to forbid. It was adopted from the British Constitution, where the King pos- sesses the absolute power to negative every legislative act; but, it was qualified by our Convention, in the form above stated. It is a most high power, and designed tor extraordi- nary occasions. The exercise of it, in England, is wisely forborne ; and its repose has probably been the prescrvatioi] of its existence. There has been no instance of its use, since the year 1692; and for this, the absolute nature of the power is, perhaps, the best reason. It was given to defend the crown against the encroachment of the parliament, in Eng- land, and it was given, here, to the Executive, for the pur- pose of self-protection. 218. The veto power, however, was not bestowed by the Convention without objection. It was urged, that, though it might be used to protect other powers conferred upon the Executive, and to hinder the enactment of bad laws, it might be perverted to prevent the passage of good ones. It was re- plied, that, the superior weight and influence of the Legisla- ture, and the hazard to the Executive, in a trial of strength 112 MESSAGE OF 1829 — POLICY OF THE ADMINISTRATION. with it, afforded undoubted security, that the negative would generally be employed with great caution, and with timidity, rather than rashness; that, if a King of Great Britain, with his train of sovereign attributes, and with influence drawn trom a thousand sources, would not venture to negative the resolution of parliament, how much more reserve might be expected from a President of the United States, clotifed for four years only, with the executive authority of a govern- ment purely republican ; that there would be greater dan- ger of ills forbearance, Vv^hen the power was necessary, than of his using it too often, or too much. 219. The country has no longer any apprehension of this kind. For the removal of such chimerical fears, it is indebt- ed to the present Cliief Magistrate. It has seen him, upon questions, admitted to be purely of expediencT/^ oppose his veto to the voice of the representatives of the people, again and again ; and, boldly, uncfer the pretence of an appeal to the nation, arraign those representatives before the tribunal of a party, and compel them, from a dread of party punishment, — from the fear of losing caste, and from exclusion from execu- tive favours, — to record the imperious rescript. General Jackson has proven, for a thousandth time, that a popular demagogue may safely dare encroachments on popular rights,, whicli would cost a monarch his life, as well as his crown. 220. The Executive was armed with the veto for self-pro- tection, and for arresting unconstitutional legislation. But as vigorous as the exercise of the privilege should be, in such cases, so reserved should it be in all others; the use, in the first, tending to sustain the equipoise of powers established by the Constitution, and in the second, to destroy it. We cannot assume, with the shadow of propriety, that, the representatives of the people, unbiased by the Executive, will, voluntarily, abuse their powers by corrupt legislation. Of the number and expediency of the laws, they are the proper and the best judges. From the engrossing nature of all power, they may invade the province of other departments, and, in human fallibility, rnay mistake their constitutional authority. In either case, the veto will be properly interposed. But, such transgression must be rare ; and is not more probable, than that, the Exec- utive ma}^ ignorantly, presume its existence, and, arrogantly, attempt to repress it. When employed, by the President, in the sincere desire to preserve the Constitution, he nobly, though, perhaps, erringly, fulfils his duty; but, when used, under that pretence, for other purposes, or apolied to cases of MESSAGE OF 1829 — POLICY OF THE ADMINISTRATION. 113 mere expediency, lie, as the case may be, corruptly, perverts his powers, or wantonly abuses them, and violates the spirit of the Constitution, by invading- the proper rights of the legislature. 221. The use which President Jackson has made of the veto, is wholly unprecedented, in frequency, as in cause. General Washington employed it in a single case only: The elder Adams, who is not chargeable with want of energy, and Mr. Jefferson, never exerted it; Mr. Madison exercised it in three cases of constitutional difficulty, at long intervals; Mr. Monroe in one case only, and that, also, on constitutional grounds; and John Quincy Adams, as learned as discreet, never presumed to oppose the popular will, whose constitu- tional expression he sincerely respected. At one session, General Jackson nullified four acts of Congress, and subse- quently has rejected four others. 222. With an unbiased legislature, even the abuse of this power, such as we have seen, however vexatious, might not prove, ultimately, dangerous to the public weal, since the people, through the constitutional majority of Congress, might correct executive error, or presumption; but, when Congress shall be biased by the influence of party, and corrupted by the lust of office, it will be vain to hope for such majority; and if the Executive be not able to procure what laws he will, he may prevent the enactment of such as curb the ex- ercise of illegitimate power, and may, with impunity, arrest every measure which does not square with his purposes. Thus, we have seen, the course of public improvement im- peded, the currency of the country deranged, the public treasure torn from the custody of the national fiduciary — and, in a word, the novelties of inexperienced empirics substituted for a policy which wisdom had dictated, and beneficial prac- tice had matured. 223. V. The condition and ulterior destiny of the Indian tribes within the United States have ever been subjects of deep interest with the Government. It has sought to introduce among them the arts of civilization, and to divert them from a wandering life. But these benevolent purposes have been marred, generally, by the impracticable character of the abo- riginal race, which make it necessary for the preservation of peace, and the progress of the white population, that the Gov- ernment should avail itself of every favourable opportunity to purchase their lands, and, consequently, to drive the tenants further into the wilderness. * 10* 114 MESSAGE OF 1629 — POLICY OF THE ADMINISTRATION. 224. From this fate, it seemed as if the Cherokees, the Choctaws, and the Chickasaws, having- made great advances ni civihzation, were to be redeemed. But, the two last have been unable to withstand the instances of the present administration, and have been swept beyond the Mississippi; there, it is to be feared, to dwindle and perish, as the mass of their red breth- ren have done. The Cherokees have firmly resisted every eflbrt to remove them ; and the transition through which they are passing, is a case of absorbing interest in the history of man. Already do they till the ground, and m.anufacture, ex- tensively, for themselves; they have workshops, schools, churches, a regularly organized government, a written lan- guage, invented by another Cadmus, and a printing press. So great, indeed, has been their improvement, that indi- viduals of this nation, as admitted, on all sides in Congress, are qualified for seats in that august body. 225. The soil upon which these tribes reside, lies within the States of Georgia, Alabama and Mississippi; which, claiming to be the only sovereigns, within their respective territories, have extended their laws over the aborigines; and the former State having seized, surveyed, and distributed, without compensation, the Indian lands, thus committed a grievous oppression, to which the General Government has become a party. But to understand tliis properly, we must develope, concisely, the relations between the Cherokees and the Uni- ted States. 226. It would be vain, now, to discuss the equity of the power, assumed by the States of Europe, and their American successors, over the aborigines of our continent. We char- acterize it, sufficiently, by observing, that the right of dis- covery, upon which it is tbunded, is tliat which force and art obtain over weakness and simplicity. Selfish as it is, the moral sense has moulded it into something resembling jus- tice — has restrained it by principles which may not be aban- doned, without the reproach of broken faith, and the condem- nation of the world. These principles originate in a species of national law, and in special compacts between the Indians and the General Government. 227. The source of all right to property, is possession and continued use. That, the Indian derived from his Creator; and it has been, in a qualified manner, acknowledged by his discoverer. Under the right of discovery, the Indians are admitted to possess a present right of occupancy, subordinate to the ultimate dominion of the discoverer; and, in a certain MESSAGE OF 1829 — POLICY OF THE ADMINISTRATION. 115 sense, to exercise sovereignty over the soil. They might transfer these right to the sovereign of the discoverer, but to none others; until transfer, they were deemed sovereigns de facto. In a word, the Indian nations were always con- sidered as distinct, independent, political communities, retain- ing their original natural rights, as the indisputed possessors of the soil, from time immemorial; with the single restric- tion, imposed by irresistible power, which excluded them from intercourse with any European potentate, other than the first discoverer of the coast of the particular region claimed; and this restriction the European potentates imposed on them- selves, as well as upon the Indians. With the rights of the discoverer, the United States adopted their obligations. 2*28. In this view of the subject, the State of Georgia, orig- inally, concurred with her sister States and the Government of the United States; acquiescing in the universal conviction, that the Indian nations possessed a full right to the lands they occupied until that right should be extinguished by the United States, with their consent ; that their territory was separated from that of any State within whose chartered limits they might reside, by a boundary line established by treaties; that, within their boundary, they possessed rights with which no State could interfere; and that, the whole power of regulating intercourse with them was vested in the United States. 229. By treaties, ofcen confirmed, the United States have recognized, the qualified independence of the Cherokee na- tion; have solemnly guaranteed to it all the lands which it has not ceded ; have assumed the duty of, and pledged their faith for, its protection; pursuant thereto, have restrained their citizens from encroachmenis on the Cherokee country ; and for promoting the civilization of this, in comm.on with other tribes, have authorized the President, loilh consent of the Indians, to employ agents to instruct thern in agriculture, in reading, writing and arithmetic, and to perform such other duties, as may be enjoined, by him, to sucii end. The power for these measures fiows from the Constitution of the United States, conferring the powers of war and peace, of making- treaties, and of regulating commerce with foreign nations and among the several States, and with the Indian tribes. 230. By articles of agreement and cession, 24 April 1802, the State of Georgia ceded to the United States certain lands, then within her boundary, upon the stipulation, among others, that, the United States should, at their own expense, extinguish 116 MESSAGE OF 1829 — POLICY OF THE ADMINISTRATION. for the use of Georgia, the Indian title to all lands within the State, as early as the same can be peaceably obtained, on rea- sonable terms. This stipulation has been in part, but only in part, fulfilled. The Cherokee title has not been extinguish- ed, the nation refusing to sell on any terms ; and, conse- quently, the United States, without delinquency, have been unable to effectuate this object of the cession. 231. The great progress in civilization of the Cherokees and their establishment of political government, were demon- strations of a permanency of position, which alarmed the State of Georgia. The increase of the whites required ad- ditional territory, which became more desirable by the dis- covery that the Indian country abounded in gold. These circumstances, and we must, in justice, add, a natural wish to free its borders from a semi-barbarous race, induced the State to seize and divide the Indian land, among her citizens, and to expel, or reduce beneath her laws, the Indian inhabit- ants. Against these injuries, the Indians, instead of taking arms, as was once their wont, have, in reliance on their trea- ties and the uninterrupted policy of the Government, prayed the protection of the United States. The administration of Mr. Adams responded to the call with the promptness and firmness which good faith required. He concurred in opinion with Mr. Jefferson and others, his predecessors, that, "the Government should firmly maintain the ground, that, until the Indians should cede their lands by treaty, no act of a State could give right thereto, and that the Government should ex- ert all its energy for the patronage and protection of the rights of the Indians ; and that if settlements were made on land unceded by them, without the previous consent of the United States, the Government would be bound, not only to declare them unauthorized, but to remove them by the public force.* 232. With the advent of General Jackson to power, the prospect of the Cherokees was wholly changed. The pro- tection of the Government w^as deliberately refused, and its sacred faith violated. The dejected con:plainants were per- emptorily told, that they must emigrate beyond the Mississippi or submit to the laws of Georgia. Either alternative is viewed by them, as the seal of their destruction ; and the latter, is admitted by the advocates of Georgia to be conclusive of the Indian fate. • See Letter of Mr. Jefferson to Gen. Knox, August 10, 1791. MESSAGE OF 1829 — POLICY OF THE ADMINISTRATION. 117 2^33. The first duty of the President is to execute the laws, of which treaties form a part. But General Jackson has united with the interested Georgians to declare the conven- tions with the Indians, formally ratified by the Senate, and the laws regulating intercourse with the tribes, to be unconsti- tutional, and has refused to obey and execute them; herein usurping the province of the Judiciary department of the Government. The Supreme Court upon the most deliberate survey of tlie question has decided, that "the Cherokee na- tion is a distinct community occupying its own country, with boundaries accurately described, in which the laws of Geor- gia have no force, and which the citizens of Georgia have no riglit to enter, but with the assent of the Cherokees them- selves, or in conformity with the treaties and with the Acts of Congress." 234. It is freely granted, that the case is delicate and diffi- cult. That it calls tor prudence and forbearance. But it docs not, necessarily, involve a conflict of arms, between (Georgia and the Union. Had the influence of the Government of the United States been opposed to the encroachments of Georgia; had it been given to support the liiith of the nation, it is pre- sumable, that, tiie ditliculties, in due time, might have been peaceably overcome, and the purity of the national character sustained untainted. But, there is too much reason to be- lieve, that the wish to propitiate the State, to secure its vote, has determined the course of the Executive. 235. With a view, however, to remove the inconvenience under which the States of (Jeorgia, Alabama, and Mississippi certainly laboured, the President proposed, "to set apart an ample district, west of the Mississippi, anrl without the limits of any State or territory, to be guaranteed to the Indian tribes, so long as they shall occupy it; each tribe having a distinct control over tlic portion designated for its use." This measure is of very doubtful policy. The Cherokees deprecate it, as one of utter ruin. The congregated Indian races may soon destroy the game; and with it, many of them must perish. The tribes, which range over a much larger territory than will be given to the exiles, sufler, annually, from famine, and tiie emigrants, as hunters, cannot escape it. As agricultur- ists, they have much to learn, for which their new state would be illy adapted; and it is greatly to be feared, that, in this respect, retrogradation will attend their removal, even should they be unable to escape the horrors of war, almost in- evitable, among the commingled tribes. It is a question, 118 MESSAGE OF 1829 — POLICY OF THE ADMINISTRATION. however, which can be determined by experiment only; and Congress have consented to make it, appropriating a half mil- lion of dollars, for the allotment of a district beyond the Ar- kansas, and the removal of such tribes as will consent to emi- grate. 237. But the Cherokees will not depart. They have been assailed, by order of the administration, with bribes and threats, but they are immoveable. They cast themselves upon the graves of their fathers, and implore the Government, by the remembrance of their former power and hospitality, not to tear them from these relics of departed greatness ; they point to their farms, thgir dwellings, their churches, and their schools, and cry, '■'■ these are the fruits of the lohite mail's benevoleiicejet him not destroy the good ivork of his hands.''^ We fear, however, they pray in vain. The administration has sped the bolt, which, unless averted, must prostrate the nation. Bat if the Indians were disposed, for the sake of present peace, to abandon their country, they cannot rely upon the promise of the United States for protection. To every assurance of this kind, they reply, we novj hold your most solemn pledge for the same purpose. We have called upon you to redeem it in vain. How, then, can we confide in promises which we have found utterly worthless] 238. VI. Another portion of the message, highly character- istic of the disposition of the administration to enlarge its pow- ers, was the premature introduction of the question relative to the recharter of the United States Bank. At this period, the charter had more than six years to run, and the effect of immediate consideration was to agitate and disturb the coun- try, upon a subject of the deepest interest. The institu- tion, in the highest credit, was fulfilling all its duties, in the most satisfactory manner, and aiding in the most profit- able way, the successful business of the whole country. This moment, the administration chose for sowing doubt and alarm ; declaring, " Both the constitutionality and the expe- diency of the law creating this Bank, are well questioned by a large portion of our fellow citizens; and it must be admit- ted by all, that it has failed in the great end of establishing a uniform and sound currency." 239. The true cause of this untimely suggestion is to be found in the succeeding paragraph of the message. " Under these circumstances," the President observes, " if such an insti- tution is deemed essential to the fiscal operations of the Gov- ernment, I submit to the wisdom of the Legislature whether, 3 MESSAGE OF lb29 — POLICY OF THE ADMINISTRATION. 119 national one, founded on Government credit, and itsrevenue-s, might not be devised, which would avoid all con&;titutio!];iI difficulties, and, at the same time, secure all the advantages to the Government and country, that were expected to result from the present Bank." 240. A more insidious attack 41 pon the liberties of the Uni- ted States, could not have been made, than by this proposition ; a more grasping etTort at powder, has never been known in this country. We know, however suitable its consequences might be to the President's disposition, that he did not originate it. It was a fruit of the mind of the American Talleyrand, who looked by elevation to the presidency, to the enjoyment of its maturity. Let us examine, for a moment, the nature of this monstrous conception. For every effective purpose, the proposed Bank must have been one of discount and deposit, and have had branches, as many, at least, as the Bank of the United States, and proba- bly many more. For, the administration would have had a direct interest in establishing a branch wherever it could place one. A great central Bank at Washington, without branches, would have been useless, in the great object of furnishing a uniform national currency; such currency de- pending upon the certain and prompt convertibility, at every point of the Union, of the notes of the Bank into coin. But a promise to pay specie at a place remote from the circulation of the notes, and where they would never come, save at great expense, and for the sole purpose of payment, would neither give credit to the notes, nor operate as an efiective check upon over issues. The notes would rest upon the same basis of credit, as the paper money of our Revolution, the assignats f)f revolutionary France, and the treasury notes of the late war; all of which were receivable in payments to the Gov- ernment: But the two first became wholly worthless, and the last, though bearing interest, sunk to 20 per cent, below par. But, the notes of such a Bank would depreciate from another cause, which constitutes a conclusive objection to the institu- tion. There would be nothing to limit excessive issues, hut the discretion and prudence of the Government, or of the direction. 241, The National Bank being one of many branches, its patronage would have been almost boundless. The Bank of the United States employs five hundred agents, and aNation- tional Bank would soon find means to double that number. But, the influence resulting from the annual appointment of 120 MESSAGE OF 1829 — POLICY OF THE ADMINISTRATION. these agents, great as it might be, would be harmless, in com- parison with that flowing from the dispensaiion of bank ac- commodations, which might now be estimated at sixty mil- lions of dollars, and wliich would increase, annually. What mind does not shrink from the contemplation of a project so ominous to the purity of theiSovernment, and the liberties of the people. No Government, except, perhaps, the despotism of Russia, over had a patronage so prodigious in its influence, and so dangerous in its character. In the most desperate tinancial extremity, no other European Government has ven- tured upon an experiment so perilous. If the American Ex- ecutive possessed the whole patronage of the English mon- r,rchy, political and civil liberty would not be so nuich en- dangered, as by this pecuniary machine, giving to the admin- istration a vast, almost unlimited, fund, for rewarding political partisans. 242. The committee of ways and means of the House of Representatives, composed of a majority of the friends of General Jackson, whose chairman was Mr. George McDuffie, one of the most distinguished of his partisans, ably exposed the true character of this conspiracy, of consummate and profligate art, with ignorant and reckless audacity, against the nation; and thus indicated the probable consequences of its success. " Without assuming that a corrupt use would be made of this new species of government patronage, a very slight ac- quaintance with the practice of all political parties, whatever be their professions, will be sufficient to satisfy any reflecting mind, that, all the evil consequences of corruption would flov*^ from its exercise. Have not our political contests, too fre- quently, degenerated into a selfish scramble for the offices of the country? Are there not those, who sincerely and hon- estly believe, that these offices are legitimate objects of politi- cal warfare, and the rightful reward of the victorious party? And disinterested and patriotic as the great body of every po- litical party is admitted to be, the fact is no less true than it is lamentable, that the iriost devoted and active partisans are, very often, mere soldiers of fortune, who w'atch the political signs, and enlist at the eleventh hour, under the banners of the party most likely to prove successful. Such being, more or less, the composition of all political parties, what would be the probable use made of fifty millions of bank patronage, by a political party which conscientiously, held the doctrine, that all the offices in the gifl of the Executive should be divided MESSAGE OF 1329 — POLICY OF THE ADMINISTRATION. 121 among the partisans of a successful political leader ] Would not the same principle be even more applicable to Bank loans ? And would not the Treasury of the United iStates, under the sanctifying- influence of party delusion and party infatuation, be literally plundered, by mercenary retainers, bankrupts in for- tune, and adventurers in politics?" 243. With such views the committee, unreservedly, repro- bated the project of a Government Bank, and the House, though composed of a majority of Jackson men, being not yet reduced to absolute submission to the Chief, sanctioned the reprobation. The committee endeavour to qualify the bitter- ness of their reproof, by asserting, "unequivocally, their con- viction that the su^f^restion of the Chief Magistrate, which they had thus freely examined, proceeded from motives of the most disinterested patriotism, and was, exclusively, de- signed to promote tlie welfire of the country." For the fol- lowing expressions of gro.. Bank of the United States, its chosen depository, into Banks, selected by, and dependent upon, the administration. 245. The measures we have reviewed, were the most im- portant of many proposed by the new administration. In both Houses of Congress, there was a decisive majority in fa- vour of the administration. Yet these prominent measures were all, save that for the removal of the Indians, rejected — demonstrating-, that, though, the lust of power and of office had supplied an amalgam tor connecting politicians, the ad- ministration and the people were not homogeneous — that their interests were not united. The influence of the executive department over the legislative, was not then established ; but the resistless power it has since acquired over the popular branch of Congress, is the corrupted fruit of the executive faculties of appointing and removing from office. The present hostility of the House of Representatives to the measures of the administration, and its subsequent sub- serviency, is too important a matter in our political history, and too ominous of our danger, to suffer the lirst to remain a moment in doubt, and we, therefore, give the evidence of Mr. Barbour, once a liist friend of the administration. Mr. Bur- gess, in the debate upon the appropriation for Mr. Randolpli's ten days' mission to Russia, fur which the usual salary for one year (9,000 dollars) was required, declared, doubtless, from the visible dis])osition to support this appropriation, that sub- serviency to executive will, was far beyond all past extent in tlie history of this country. Mr. J. S. Barbour replied — " If there be any thing at this time, more remarkable than all other things, it is the utter absence of executive influence over the deliberations of tliis House, as well as of the Senate.'" * * * "It is, however, a fact, as singular as true, that a Presi- dent of the United States, holding in full and sure possession a larger share of popular favour than most of his predecessors, finds that most of his prominent recommendations to Con- gress have been neglected. Invested, as he is, with strongest evidences of popular regard, all his most prominent recom- mendations have perished, by inertion or rejection. This may present a question between the constituent body and their agents, of which I mean to give no opinion. Those to whom the public weal has been entrusted, have doubtless acted upon their own views of right and wrong. But this fact, alone, repels the ill-founded insinuation of subserviency to executive behests.'" 216. In connection with these remarks, however, it will be MESSAGE OF 1329 — POLICY OF THE ADMINISTRATION. 123 remembered, that the House had been elected in 1828, that, its regard for the interest of its constituents was not yet wholly overcome by the administration influence, and that at its election, the people had not yet felt the full force of presidential reform. But Mr. Barbour's remark, that there " would be a question between the constituent body and its agents," intimated that different relations between the Exec- utive and the House, might be soon anticipated. 247. The reluctance of the House to obey all the Presi- dent's behests, was looked upon as a trick of President making, designed to operate upon the next election; and the Globe, the newly constituted government paper, denounced the action of Congress, asking, "What can be believed, but tliat principles and measures are advanced and abandoned, advocated and opposed, solely with a vieiv to their effect on the next presidential election.'' "It is time lor the honest and true representatives of the people to take a stand against this miserable, corrupting, fatal, business of President making, and in favour of tlie people. Let not the support of the ad- ministration he nominal. Let the spirit of /rj^e reform ahow itself in (ingress, where it is as much needed as ever it was in any of the extensive offices." \\c agree, that tlii.s President making is a corrupting busi- ness, and that it is most corrupting wlien exercised by the President in power, and that the proclamation from which we have just (juoted, claiming more than a nominal support fur tiie administration, is pregnant evidence of it. The admin- istration, tliat is, its Premn^r, at h^ast, was looking ftrward to the making of more than one Presulrnt, and, consecpiently, to the disposal of a prominent rival, in whose favour it was supposed the House of Representatives were moulding its measures. Our noxt chapter will allbrd a lesson to a jxjliti- cian how to rid hiniselt'of a rival. CHAPTER IX. HOW TO DISPOSE OF A RIVAL. 248. We have seen, that Mr. Calhoun had withdrawn from the presidential contest, in 1824, and had given his aid to General Jackson; but he had never abandoned the hope of attaining the high object of his ambition. The Vice Presi- dency was a vantage ground from which he might, more readily, leap into the desired seat, which he believed, if faith could be placed in the professions of man, was to be vacated after one term's enjoyment by General Jackson. Mr. C. has given his reason for his support of the General thtis: "My support of him rested on a principle I believe to be funda- mental in our political system,* and the hope that his deep rooted popularity would afford the most effectual means of arresting the course of events (in relation to the tariff and internal improvements) which I could not but foresee, if not arrested, would bring the great interests of the country into a deep and dangerous conflict:" And, we trust we may be permitted to add, with an expectation that he might reap the succession. 249. But against this consummation of his wishes, all the powers of the black art had combined. The potent magician had woven his effective spells. Opposed by the deep rooted popularity of the General, all hopes of success were vain. But, the influence of that popularity was never to be his. Mr. Van Buren, too, had counted on the withdrawal of Gen- eral Jackson, at the end of his first period. But, when he dis- covered, that the General gave no evidence of satiety in the enjoyment of power, he had the patience, the praisew^orthy, and self-rewarding patience of the calculating politician, to postpone the chance of immediate gratification, to the cer- tainty of future success. The more ardent spirit of the South could not, thus, brook delay, and the efforts of her sons becom- * Note. We do not understand this, but suppose it to alkide to the assumption, that General Jackson was the choice of the peo- ple; but that reason was no way applicable, before the General had tried the polls. Before that, Mr. Calhoun had joined his stand- ard with the vote of South Carolina 124 HOW TO DISPOSE OF A RIVAli, 125 ing apparent, Mr. Van Buren sprung- a mine upon Mr. Cal- houn, which had been long- dug beneath the feet of him who was the only riyal in the Jackson party, who could give Mr. Van Buren uneasiness. 250. It was already felt, that the influence of reform had given to the President a potential, if not a conclusive voice, in designating his successor. His favour was as much to be sought, as his enmity was to be deprecated. It was, therefore, a desirable stroke of policy for a Presidential aspirant, to gain the one, and to turn the other, upon his rival. Mr. Van Buren succeeded in effecting this, by a coup de maitre which has rarely been surpassed. In it, he exhibited the consum- mation of art which conceals art; for whilst he accomplished an effective work, scarce the mark of a tool is visible. The work assumes, what it is affirmed to be, the happy ministra- tion of Providence. We will endeavour to narrate the par- ticulars of this event, preserving chronological order. 251. Mr. James A. Hamilton, at this time, we believe United States Attorney for the Southern District of Now York, was delegated, in 1827, to represent the New York Tamany Society, at New Orleans, in the celebration of the 8th of January 1828, at that place. General Jackson had been invited by the legislature of Louisiana to attend the celebration. Mr. Hamilton joined the General at Nashville, whence he proceeded with him and his suite. During the voyage, there was much conversation among the General's friends, in relation to the various charges against the Gene- ral, which the Presidential canvass had originated or renew- ed ; and, particularly, as to the unfriendly course Mr. Craw- ford was supposed to have taken towards him, in relation to the Seminole war.* It being understood, that Mr. Hamilton on his return, passing through Georgia, would avail himself of the opportunity to visit Mr. Crawford, Major Lewis de- * The reader will observe, that, Mr. Crawford's views of the the General's conduct in that war, were known, or supposed to be known. The application to be made to him, therefore, could not be for information of his views and conduct, but of the views and conduct of others. If of others, of whom, save Mr. Calhoun, Mr. Adams or Mr. Wirt? Mr. Adams' were fully known — Mr. Wirt's were now unimportant. But those of Mr. Calhoun were interesting to the General, and to Mr. Hamilton as the adjective of Mr, Van Buren. These circumstances raise the violent pre- sumption that it was a knowledge of Mr. Calhoun's conduct that was to be sought. 11* 126 HOW TO DISPOSE OF A RIVAL. sired him, or Mr. H. offered, to ascertain, truly, what occur- red in Mr. Monroe's cabinet deliberations, in relation to a proposition supposed to have been made to arrest General Jackson for his conduct in that war, and to inform him of the result, in order as Mr. H. understood, Mr. Lewis might be prepared to defend the General against attack on this point. 252. On his arrival at Sparta, Georgia, Mr. Hamilton, as he declares, ascertaining that Mr. Crawford dwelt sixty miles on the left of his route, and might probably be absent from home, resolved to push on to Savannah ; thereby, to take a detour of one hundred and fifty miles, to the right, avoiding one of sixty to his left, by a road, at this season of the year, much worse than that which he declined. At Savannah, Mr. Hamilton, under date of 25th January, wrote to Mr. Forsyth, tlien Governor of Georgia, whom he had seen at Milledg- ville on his way to Sparta, requesting him to procure, from Mr. Crawford, the desired information. Mr. Forsyth replied, Feb. 8th 1828, " 1 had a long conversation with Mr. Craw- ford and afterwards read him your letter. By his authority, I state, in reply, to your inquiry, that at a meeting of Mr. Monroe's Cabinet, to discuss the course to be pursued towards Spain, in consequence of General Jackson's proceedings in Florida, during the Seminole war, Mr. Calhoun, the Secre- tary of the War Department, submitted to, and urged upon, the President, the propriety and necessity of arresting and trying General Jackson. Mr. Monroe was very much an- noyed by it; expressed a belief that such a step would not meet the public approbation ; that General Jackson had per- formed too much public service to be treated as a younger or subaltern officer might, without shocking public opinion. Mr. Adams spoke with great violence- against the proposed arrest, and justified the General throughout, vehemently, urging the President to make the cause of the General that of the administration." Mr. Crawford approved of the pro- position of Mr. Calhoun, but, disposed of it by reminding the Cabinet, that it was convened to determine, hov/ Spain was to be treated in relation to the Florida affair ; that the conduct of the General was a matter exclusively between him and his own Government. 253. Pursuing his way home, Mr. Hamilton arrived at Washington, and took lodgings in the house in which Mr. Calhoun dwelt, and being anxious to obtain the information which he had sought through Mr. Forsyth, solicited an inter- view v/ith the Vice President, and asked, " whether at any HOW TO DISPOSE OF A RIVAL. 127 meeting of Mr. Monroe's cabinet, the propriety of arresting- General Jackson for any thing done by him durmg the Semi- nole war had been discussed f" Mr. Cfilhoun replied, " Never ! such a measure was not thought of, much less discussed. The only point befone the cabinet was, the answer that was to be given to the Spanish Government." On the 19th Feb. Mr. Hamilton wrote, from New York, to Mr. Lewis, at Nashville, informing him, that he had not seen Mr. Crawford, and communicating what he had been told by the Vice Presi- dent. But not content with the verbal declaration of Mr. Cal- houn, for that might become, thereafter, a subject of dispute, Mr. Hamilton attempted to procure a written acknowledg- ment ; and, to that end, wrote to Mr. C. under date of 2.5th Feb. 1828, submitting the reply of Mr. C. above given, and ask- ing, whether, it had been correctly apprehended I In reply, Mr. Calhoun observed, that, " in the conversation to which your letter alludes, I supposed, as you did not state the ob- ject, that your inquiry as to what had passed on a particular point, in the cabinet deliberation on the Seminole question, was to obtain information in order to meet mere general ru- mour, fakely put out to influence the result of the general election. My answer was predicated on such supposition." Learning, now, that his name might be brought before the public, in relation to this matter, a conviction of what was due from him, as a member of Mr. Monroe's cabinet, induced Mr. Calhoun, without the assent of Mr. Monroe and his fol- low members of the cabinet, to decline the introduction of liis name, in any shape, as connected with what had passed in the cabinet on the occasion referred to. In his account of what passed at the interview with Mr. Hamilton, Mr. Calhoun observes; that Mr. H. "inquired if any motion had been made in the cabinet to arrest General Jackson ]" To which I replied in the negative. It may be proper to remark here, that no such motion, or any other, was made. The discussion, in reference to the course which might be pursued towards him, took place on the suggestion of the propriety of an inquiry into his conduct, and my an- swer was, therefore, in strict conformity to the facts. I ac- companied the answer with some general remarks on the proceedings of the cabinet, such as I might with propriety make without any breach of confidence. 1 however feel the most perfect confidence, that I did not use the expression that, " the onli/ point before the cabinet, was the answer to 128 HOW TO DISPOSE OF A RIVAL. be given to the Spanish Government, as Mr. Hamilton states, he understood me, on the 25th of February." On the 28th of February, 1828, Mr. Hamilton received the letter of Mr. Forsyth. On the 10th of March, he replied to Mr. Calhoun, admitting the force of his objection to the use of his name, and stating that he had written to Mr. Lew- is, informing him, that his, Mr. C's, name was not to be used, under any circumstances. On the 15th of March, Mr. Cal- houn's suspicions having been awakened, that an attack was intended, not against him, but against Mr. Monroe, by the disclosure that Ihe information had been intended for Major Lewis, a particular friend of General Jackson, he, Mr. C. ap- plied by letter to Mr. Hamilton, "to be put in possession of the facts, from which an attack on General Jackson was in- ferred." And on the 20th of March, Mr. Hamilton replied, "I am not permitted to disclose to you what I know of the matter to which it (Mr. C's letter) refers;" but he gave no information of the discrepancy apparent between the state- ments of Mr. Calhoun and Mr. Crawford. Mr. Hamilton was at this time, 1st March, 1828, in pos- session of the following facts, most important in their nature to a skilful politician. Mr. Hamilton was then, as now, the political, personal, and interested friend of Mr. Van Buren, and Mr. Van Buren had every need which a skilful politician could have for such facts, to be used at an opportune occa- sion. Mr. Hamilton knew, and we cannot for a moment doubt, that Mr. Van Buren also, then knew, that Mr. Craw- ford avowed, that Mr. Calhoun had, suggested, the arrest, a court of inquiry, or proceeding of some sort, against General Jackson, for his conduct in the Seminole war, and that Mr. Calhoun had denied, that any measures against the General had been proposed by any one in the Cabinet. The letter of Mr. Forsyth of the 8th of January, 1828, was communicated to Major Lewis in the autumn of that year, and from the re- lations between that gentleman and General Jackson, it is not to be doubted, that he also was soon after informed of its con- tents. We have one fact yet to mention, which we think may have much bearing on the case. Messrs. Van Buren and Cambreleng, in their Southern progress in the spring of 1827, had spent several days with Mr. Crawford, whose prin- cipal friend Mr. Van Buren had been, in the election of 1824; and as Mr. Crawford was in the habit of speaking of these cabinet affairs, and of Mr. Calhoun, whom he most cordially hated and vengefully pursued, it becomes highly probable, al- HOW TO DISPOSE OF A RIVAL. 129 most certain, that he communicated to his dearest friends the inconsistency, as he supposed, of his enemy, in supporting for President, the man whom he had proposed to arrest, and pos- sibly to degrade; overlooking, however, his own inconsisten- cy in giving his aid to the same individual, in prosecuting whom he would have united with Mr. Calhoun. « But the lat- ter gentleman was now basking in the sunshine of the Gen- eral's favor, and might, probably, derive much benefit from it thereafter ; to prevent which was a darling object with Mr, Crawford ; who, to that end, WTote to his friend Mr. Balch, of Tennessee, on the 14th of December, 1827, "If you can as- certain that Calhoun will not be benefited by Jackson's elec- tion, you will do him a benefit, by communicating the infor- mation to me;" and he also wrote to one presidential elector, and we believe to others, to persuade them not to vote for Mr. Calhoun as Vice President. We submit, therefore, that this purpose of Mr. Crawford's heart, was not absent from his mind and conversation w'hen with his friends. Supposing Mr. Van Buren to have been then possessed of these facts and wishes coinciding so well with his interests, we might, had not he denied it, presume him to have been the prompter of Mr. Hamilton's otherwise very extraordinary course. But, if these facts might prostrate Mr. Calhoun, why not use them, at this time. The reply is obvious: They could not be used with effect. General Jackson was not President, — he might not be ; and to make him so, INIr. Calhoun's inter- est might be indispensable. Neither the Chief himself, nor Mr. Van Buren, would have ventured a quarrel with the Vice President at this time. It might be admitted, however, with- out injury to Mr. Van Buren's character as a wily politician, that the search after the views of Mr. Monroe's cabinet had been made, with no other purpose than to obtain material to defend General Jackson, and that the events disclosed, afl^ect- ing Mr. Calhoun, were wholly unlooked for, and wholly un- known to him, at the time of the disclosure to the General. 254. These important facts, known to the friends of Gen- eral Jackson, and no doubt communicated to him, in 1828, re- mained unnoticed by the General, until the winter of 1829-30, when the same Mr. Hamilton, who had so successfully and ac- cidentally put the Vice President at issue with Mr. Crawford, called again upon Mr. Forsyth, then a member of the Senate, and requested him, to give to the President, the information he had given to him, (Mr. Hamilton.) Mr. Forsyth bade him give the President a copy of his letter of the 8th of January, 1828; 130 now TO DISPOSE OF A RIVAL. but this Mr. Hamilton declined, from a motive of delicacy; stating that he had corresponded with Mr. Calhoun upon the subject, and that, the statements of Mr. Calhoun and Mr. Crawford did not agree. This information was certainly not new to Mr. Forsyth; yet, it induced him, not to give the intbr- mation, without Mr. Crawford's assent. Mr. Crawford was, therefore, applied to, in form, and his answer, dated the 30th of April, 1830, was obtained, confirming and enlarging the details given by Mr. Forsyth, in his letter to Mr. Hamilton of the Sth^of April, 1828. The copy of Mr. Crawford's letter, duly certified, was furnished to General Jackson, on the 12th of May, 1830. The propriety of Mr. Forsyth's course was obvious. If a rupture was intended between the President and Mr. Calhoun, which his sagacity could not fail to per- ceive, the letter of the 8th of January, 1828, would make him a principal, until the onus were taken from him, by the substitution of Mr. Crawford. He, therefore, justly, wisely and politically, resolved, that Mr. Crawford should be put in his proper place, in the matter. The agency of the delicate Mr. Hamilton, is thus explain- ed by the President in his letter of the 7th of June, to Mr. Forsyth. "I had been informed (when, where or hoio, does 7iot appear) that Mr. Crawford had made a statement con- cerning this business, which had come to the knowledge of Col. .lames A. Hamilton, of New York. On meeting with Col. Hamilton (Mr. Hamilton had been icceks at Washing- ton as acting Secretary of State, in the spring of 1829) I inquired of him and received for answer that he had, but re- marked that he did not think it proper to communicate with- out the consent of the writer. I answered, that, being in- formed, that the Marshal of this District, had, to a friend of mine, made a similar statement, to that, said to have been made by Mr. Crawford, I would be glad to see Mr. Crawford's statement, and desired, he would write and obtain his con- sent. My reasons were, that I had, from the uniform friend- ly professions of Mr. Calhoun, always believed him my friend in all this Seminole business; and I had a desire to know, if, in this, I had been mistaken, and whether it was possible for Mr. Calhoun to have acted with such insincerity and duplici- ty towards me." 255. Having obtained this copy of Mr. Crawford's letter to Mr. Forsyth, now that the matter was matured for explosion, the President hastened to enclose it in a letter, dated 13th May, 1830, to Mr. Calhoun, reproaching him with insincerity, HOW TO DISPOSE OF A RIVAL. 131 and adding-, " My object in making this communication is to announce to you the great surprize which is felt, and to learn of you, whether it be possible, that tlie information given is correct ; w'hether it can be, under all the circumstances of which you and I are both informed, that any attempt seriously to affect me, was moved and sustained by you, in the cabinet council, when it was known to you I was but executing the wishes of the Government, and clothed with authority to ' conduct the war in the manner I might judge best I' " Mr. Calhoun replied, on the 29th of May, denying the right of the General to claim an account of his conduct, as a public functionary ; but expressing his gratification at an opportunity, thus furnished him, by Mr. Crawford, of putting his conduct, in relation to an interesting public transaction, in a proper light — repelling the charge of duplicity, by referring to testi- monials long in possession of the General, showing that he and Mr. C. had placed different constructions on the order under which the General acted in the Seminole war; — ac- knowledging, that, as under his conviction, the General had exceeded his orders, he liad projwsed an inquiry, as due to tlie General and the Government, and supported the proposi- tion with all the arguments that occurred to him; but, that lie concurred, after deliberation, in the course adopted, unan- imously, by the council; which was, to defend the Gencral'a conduct in the discussion with Spain; — commenting upon the course pursued by Mr. Crawford and his friends; and an- nouncing his conviction, that, "the whole afliiir was a politi- cal manouvre, in wiiich the design was, that the President should be the insti'umcnt, and he the victim ; but in which the real actors wore carefully concealed, by an artful move- ment." General Jncksnii replied, on the succeeding day, that Mr. Calhoun had mistaken his note of the 13th. That, he did not questfon Mr. C.'s conduct or motives, but that, it had been in- tinated to him, years ago, that it was Mr. Calhoun, and not J\lr. Crawford, "who had been secretly endeavouring to de- stroy his reputation ;" that he had repelled these insinuations " upon the ground that Mr. Calhoun had professed to be his personal friend, and approved, entirely, his conduct in rela- tion to the Seminole campaign:" and that, "understanding him now, no further comunmication with him was necessary." Some further correspondence took place, between the Presi- dent, Mr. Calhoun, Mr. Forsyth, and Mr. Cravvtbrd, and others, but it shed no additional light upon this particular 132 HOW TO DISPOSE OF A RIVAL. trtiiKsn.ction; though it developes, fully, that BIr. Monroe be- lieved, that the General had transgressed his orders, but that, it was deemed by him and his cabinet, under all circum- stances, most politic for the country, to take the responsibil- ity, as the conduct of the Spanish functionaries in Florida gave them means of defence. 256. In February 1831, the correspondence of v*'hich we have given an abstract, was published by Mr. Calhoun, in consequence of partial communications having been made to the public. On the 25th of that month, Mr. Van Buren pub- lished a card, denying all participation in the proceedings, in 1827 and 1828, to obtain information of the measures of Mr. Monroe's Cabinet, relative to the Seminole war ; and aver- ing, " that every assertion or insinuation which has for its ob- ject to impute to him any participation in attempts, supposed to have been made, in the years 1S27 and 1828, to prejudice the Vice President in tlie good opinion of General Jackson, or at any time, is alike unfounded and unjust. He had no motive or desire to crea.te such an impression, and neither took, advised, nor countenanced, directly or indirectly, any steps to effect that object." On the 26th of February, Mr. Hamilton published his ex- pose of the case, so far as he admits his concern with it; and denied that " he either knew or believed in any such prac- tices as charged by Mr. Calhoun against him, or that he, if they did exist, participated in them in any respect whatever." 257. It is the privilege of the accused, in all cases, nay, custom makes it almost a duty, to plead "not guilty," before a popular or judicial tribunal; but the question still re- mains, whether the evidence be sufficient to convict. It may be, that the proceedings of Mr. Hamilton, in 1827 and 1828, as we have already observed, \vere without the participation or know^led^ro, of Mr. Van Buren; but, that he was unac- quainted with the result, is not pretended. He was, then, in a condition to use them, should he deem it necessary. The knowledge of them, too, the President possessed, for years, but no attempt was made to obtain an explanation, until a period, w-hen a rupture between the Prcsidentand Vice Presi- dent was useful to the President and to Mr. Van Buren. When it becam.e obvious, that a dissolution of the combina- tion which had elected General Jackson was about to take place, and that the Vice President miglit become the rival of the President, the resolution is taken to sever the friendly connection which had existed between the chief officers of HOW TO DISPOSE OF A RIVAL. 133 the nation. Mr. Hamilton is broug-ht upon tho stag-e, and, deemed, from the part he had already played, the fittest in- strument, for further development, is directed to obtain from Mr. Crawford, the necessary accusation, and the Vice Presi- dent is put upon his defence, for an act of which General Jackson had no right to complain. The result of all this was, that, the Vice President was separated from the favour of the President, was denounced as his enem}^ deprived of his countenance, and exposed to the enmity of all the friends of General Jackson — and was thereby thrown hors de com- bat, leaving the field to Mr. Van Buren, uncontested by a rival whose high station, and great services to the cause in which he had engaged, gave him rich hopes of the succession. Mr. Van Buren avers that he had neither motive nor interest in thus assailing Mr. Calhoun. But all men see, that the motive was powerful, and the interest direci; and they cannot see, that, he was restrained, judging from his political life, by any principle, in thus playing off the President against his most dangerous rival. If, we repeat, Mr. Van Buren was not implicated in this plot, its concoction and explosion was, for him, a providential event. Had any reason for making the inquiry, been steadily adhered to, more consistency and more probability would be given to the defence of those who were not interested in the political ruin of the Vice President. But these reasons are perpetually changing; at one time the ob- ject of the application to Mr. Crawford is stated to be the de- fence of General Jackson; at another, to reconcile him and Mr. Crawford ; at a third, to reply to a supposed book which Mr. Monroe was about to write. 258. But had General Jackson cause to complain of Mr. Calhoun] VVe cannot perceive it. Mr. Calhoun, as Secre- tary of War, had issued orders to the General. The conduct of the General was hostile to a nation at peace with the United States, and was so far a breach of the Constitution. In this he was, or was not, warranted by his instructions. If warranted, then, the offence was removed from the General, to the Secretary, and he would become liable to impeach- ment. But the latter knew the sense which his orders were in- tended to bear, and in proposing a court of inquiry, he gave a proper opportunity for determining the question which must arise, upon the instructions. Had he been tho enemy of the General, he would have adhered pertinaciously to his propo- sition; but as soon as an opportunity was offered of taking other ground, with honour to himself, he cordiallv gave all 12 134 HOW TO DISPOSE OF A RITAL. the support in his power to the General. In all this, there was no cause of offence to the General, had lie not been in search of a cause, and resolved to make, if ho could not find, one. The only semblance of double dealing, on the part of the Vice President, seems in liis reply to the question of Mr. Hamilton ; but, of this, he has given his explanation; and it is not of this the President complains, but of the irreproachable conduct of Mr. Calhoun in the Cabinet. 2Q0. This quarrel so artfully and sedulously sought, was most rancorously pursued. The editor of the Washington Telegraph, who had most zealously tbught the present admin- istration into power, and had, as was miiversally charged upon him, an almost sovereign influence over the President, but which had of late been assumed and exercised by others, took the field in defence of Mr. Calhoun. The Washington Globe, which had been established upon the knowledge that the Telegraph was endeavouring to sustain the interests of Mr. Calhoun, in opposition to those of th.e General, and more especially of Mr. Van Buren, supported tlie administration. In the fierce war that ensued, all discretion was abandoned. The selfishness of the several sectivons was most disgustingly exhibited, and, tiie incompetency of the President most broad- ly proclaimed by one, who for two years had hourly opportu- nities, to observe, and to abuse it, for extending and maintain- ing the influence of the party. If there could have been a doubt of the sheer selfishness of the combination, that doubt was now dissipated, by the avowal of both sections, that they struggled for dominion only. Now became apparent, the ad- vantages which a party derives from the purchase of the press. The subsidized editors, in every State of the Union, supported the administration; and, thus strengthened, Mr. Van Buren was emboldened to a covp d'etat, for which the personal quarrel between the President and Vice President had prepared the way. CHAPTER X. A UXIT FRACTURED BY MAGIC. 261. We have seen, that llie Jackson Party (shame to the citizen who bears a name which devotes him to the will of a chief,) was composed of the fragments of all parties ; and if like begets like, the administration should be as parti-colored and heterogeneons as the columns of Breccia of the Capitol, Had these fragments been united by good faitli and patriotic purposes, like those columns, the party might have become firm, and, polished by use^have been the support and the or- nament of the country. But held together by the liquescent cenient of selfishness only, it dissolved with the slightest effort of the magician, who presided over it. 262. Mr. Van I3uren, Secretary of State and first minister of the party, was long known, to the country, as one of the most skilful politicians it possessed. Disciplined and gradu- ated at Tammany Hall, the most renowned seminary for dem- agogues on earth, he, an apt pupil, readily acquired the ordi- nary arts of the vocation; to which, however, his peculiar genius gave an air of ease and grace, rarely attained by grad- uares, even, of that institution. Keen-eyed in discerning his mtcrests, a happy temperament rendered h.im miperturbable amid the strongest excitements, in its pursuit; wliilst a phi- losophic command of the passions saved him from ever being long, unpleasantly or unprofitably pledged to any man or mea- sure. All his liens were of the' lightest kind, easily knotted and as readily dissolved. Like the humming bird, he fiew, rapidly, from flower to flower, gently touching each, but draw- ing sustenance and delight from all that he touched. In the days of his early political practice, he followed He Witt Clin- ton, but, when full-fledged, ho left his protector, and trusted to his own strength of pinion for the highest flights. He passed, rapidly, through the grades of party exaltation in his own State, and soon became as distinguished, in Congress, as at home, for his partisan talents. He embraced the fortunes of Mr. Crawford with the assured hope of becoming his Sec- retary of State, and his successor in the Presidency. Upon the defeat of Mr. Crawford, the election of Mr. Adams, the non-gratification of his willingness to accept from 135 13G A UNIT FRACTURED — BY MAGIC. that gentleman the Mission to England, and the nomination of Mr. Clay, he, having failed to obtain the confidence of the new administration, formed the gieat combination of 1826-7, .which succeeded in electing General Jackson; and such were his services in that cause, that all sections of the party, though he was an eleventh hour man, ceded him the first place in the Jackson administration. He stepped to it, from the guberna- torial chair of New York, to which he had been raised but a few months, only, before his nomination to the department of State. Mr. Van Buren has been called a Clintonite, a Craw- fordite, a Jacksonite, and has borne, perhaps, some half dozen other cognomens. But these are all misnomers; he was never else, than a Van Burenite. Mr. Ingham, who was distinguished, by industrious and earnest application to study, busjness, and politics, and, in the latter, by violence and little scrupulosity; who had enter- ed the political arena as a mongrel federalist, but who soon fell into the democratic ranks, and was, there, as every where, prescriptive and intolerant; who was the friend and de- voted partisan of Mr. Calhoun, but with that gentleman's friends in Pennsylvania became, on his recession, the wor- shipper of General Jackson; and who was the fiercest assail- ant of Mr. Adams and Mr. Clay, was, as a reward to the faithfulness of Pennsylvania, and in consideration that she was the first State which had invited the General to the Chief Magistracy, appointed Secretary of the Treasury. Mr. Branch, a Senator from North Carolina, distinguished also for his hostility to Mr. Adams and for his violence in op- posing the Panama mission, but who, nevertheless, enjoyed a reputation for honesty if not for sagacity, was named Secretary of the Navy, at the instance of Major Eaton, who had been his class-mate at college and his friend in mature life: Mr. Eaton, notorious, for having his name connected with a biography of General Jackson, for his implicit devotion to, and dependence on, the General, and for his incompetency, was made Secretary of War: Mr. Berrien, of Georgia, once devoted to Mr. Crawford, was made Attorney General: And, Mr. Barry, whose unparalleled service in disciplining the party, through the influence of Post Office appointments; whose profuse expenditures, and unconstitutional borrowings of money, have put him under perpetual inquisition, and have secured for him no enviable place in his country's his- tory, was constituted Post Master, with a place, we believe, A UNIT FRACTURED— BY MAGIC. 137 in the Cabinet, which had not, heretofore, been given to this officer. 263. Thus, General Jackson's Cabinet was composed of one Van Buren man, tour Jackson men, and one Calhoun man. Now, had all these men been earnestly disposed to promote the public service, instead of their private ends, there was nothing' in their predilections which could have interibred with their public duty; and, all who were competent might have been continued in office. But, their official stations g'ave patronage and influence, which might be serviceable to The leaders, to whom they were respectively devoted ; and Mr. Van Buren, who, from long experience, well knew the value of these, resolved to wrest them from hands which would employ them, adversely, to himself; and to such a pur- pose, it was supposed, Messrs. Ingham, Branch, and Berrien, were devoted. He had just succeeded in overthrowing a povv'- erful rival, and the dispersion of these enemies seemed, as it truly was, a trivial matter. 264. On the 11th of April 1831, Mr. Van Buren took the new and successful course of sacrificing his enemies, by an apparent offering up of himself; addressing a letter to the President, declaring "he felt it his duty to retire from the office to which the President's confidence and partiality had called him." The reasons assigned for this event are some- what mystified ; (it is not easy to overcome a habit, even when we are sincerely disposed so to do.) yet we think we can draw from the letter of the Secretary and the reply of the President, that the following, according to pre-arrange- ment, were intended to be impressed on the public mind. 1. That, notwithstanding his, Mr. Van Buren's efforts to the contrary, the canvass for the next Presidency had com- menced; that as some opinions were abroad unfavourable to the order of succession by the office of Secretary of State, he was not disposed to disfranchise himself by continu- ance in office; but, that, whilst he sought his interest, by abandoning it, he made it " his ambition to set an example, which should it, in the progress of the Government, be deemed, notwithstanding the humility of its origin, worthy of respect and observance, could not, he thought, fail to prove, essen- tially and permanently, beneficial." 2. That, "diversities of ulterior preferences, {that is, different views as to the suc- cession), among the friends of an administration were un- avoidable ; and where a member of the Cabinet looked to the succession, an injurious effect must result to public affairs, 12* 138 A UNIT FRACTURED — BY MAGIC. inasmuch, as his colleagues in the ministry would, or would be supposed to, embarrass the branch of public service com- mitted to his charge, and that mutual alienation and hostility must necessarily result, and opposition to the course of the Government would thence acquire new powe*. 3. That, as the President would be re-elected, and as he had been among- the most urgent of his advisers to stand a second poll, he could not consent, by continuance in office, to embarrass the future measures of the administration. These reasons, it seems, were satisfactory to Mr. Van Buren, and sufficiently cogent to produce his resignation ; but why should they induce the removal of other members of the cabinet] The force of the reasons in applicability to them, was diminished by that resignation. The ulterior preferences of the remaining ministers were almost unanimous, and none of them were Presidential candidates. All would support the General in a second election, but, three of them, (Mr. Eaton retiring, five being left,) would not support -Mr. Van Buren for the succession. This was the true reason for the removal of the three ministers. If the harmony which should have prevailed among them, had been broken, from causes of a domestic or private character, it was by the retirement of Mr. Eaton, restored. 265. Mr. Eaton who had been many years in publiclife, and, to all men's eyes, seemed devoted to public office, and had been admitted to the cabinet much against the wishes and remon- strances of some of General Jackson's friends, it now ap- pears, "had entered it contrary to his own wishes, and having nothing to desire, eitlier as it regarded himself or friends, {with a Jackson man this desire seems ever in considera- tion,) had ever since cherished a determination to avail him- self of the first favourable moment, after the administration should be in successful operation, to retire." And on the 7th of April, 1831, he tendered his resignation. In the ap- peal Mr. Eaton has made to the public, he renders these mo- tives doubtful, by displaying an unabated love for office, and showing that he retired, that he might not be the occasion of embarrassment to the President, in the reorganization of his cabinet, to be accomplished by dismissing the disaffected portions. 266. On the 18th of April the President communicated to Mr. Ingham the resignations of the Secretary of State and the Secretary of War, and submitted the letter of the former; remarking, that this proceeding was made known to him, as - A UNIT FRACTURED — BY MAGIC. 139 one of those whom the President had associated, with him- self, in the administration of the Government, and that, he would, after a few days' reflection, have further conversa- tion with him upon the subject. This was an intimation of the President's wish that Mr. Ingham should follow the example of the Secretaries who had retired. But this Mr. Ingham would not understand, and by a note of that date, he sought a more distinct expression of the President's wishes. An interview ensued, in which the Secretary of the Treasury was "gratified to find himself relieved from the uncertainty," caused by the President's previous commu- nication ; and by a note of the 19th, he apologized, for not following the example set him, by a voluntary resignation of his office, being wholly unconscious of the application to himself of any of the reasons, so far as he was apprised of them, which had induced them to withdraw from the public service, and that it was, therefore, due to his character that he should find a reason for resigning in the distinct expres- sion of the President's wish to that effect; having that, he tendered his commission ; his resignation to take effect so soon as his services might be dispensed with, which were re- quired, to perfect a report on Weights and Measures, until the 26th of June. On the succeeding day, the President, by letter, accepted the resignation, and observed, " When the resignations of the Secretary of State and Secretary of War were tendered, I considered fully the reasons offered, and all the circumstances connected with the subject. After mature deliberation, I concluded to accept those resignations. But, when this con- clusion was come to, it was accompanied by the conviction that, I must entirely renew my Cabinet. Its members had been invited by me to the stations they occupied, — it had come together in great harmony, and as a UNIT. Under the circumstances in which I found myself, I could not but per- ceive the propriety of selecting a Cabinet composed of en- tirely new materials, as being calculated in this respect, at least, to command public cortfidence and satisfy public ojnv' ion. Neither could I be insensible to the fact, that to permit two, only, to retire, would be to afford room for unjust mis- conceptions and malignant representations concerning the influence of their particular presence upon the conduct of public aflTairs. Justice to the individuals whose public spirit had impelled them to tender their resignations, also required, then, in my opinion, the decision which I have stated ; how- 140 A UNIT FRACTURED — BY MAGIC. ever painful to my own feelings, it became necessary that 1 should frankly make known to you the whole subject.'' The President, also, took this opportunity to profess his entire satisfaction with the manner in which the Secretary had dis- charged the duties of his office. Now, it is apparent, that there is a total want of keeping between the reasons here assigned and those given by the Secretary of State and the Secretary of War. The former retired, as he says, because his position was unfavourable to his ambition, and his ambition might prove injurious to the President; the latter because, he cherished the love of re- tirement. But the reason for the dismissal of the remnant, was, according to the President, that he might have a Cabi- net of entire new materials, which might command public confidence and satisfy public opinion; intima.ting, clearly, that such was not the character of his present council. A duplicate act of this farce v»as played with Mr. Branch, to whom a copy of the last letter to Mr. Ingham, so clear and satisfactory of the President's views, was also communicated. A copy also, with some variations, was probably sent to Mr. Berrien, then absent in Georgia upon business, who, on his return to Washington, resigned his office. 267. The true reason of the dissolution of the Cabinet was at length declared in the Globe, in a semi-official statement of the 11th of July 1831, in which is the lollowing para- graph. "At the succeeding session of Congress, (1831,) meetmgs of the friends of Mr. Calhoun took place, with a view of addressing the President to remove Major Eaton from his councils. Mr. Van Buren was next embraced in the denunciation. Arrangements were made in Congress to embarrass the measures of the administration in that body. The Calhoun Telegraph and the Ingham Sentinel evinced their disaflection. The appointment of Mr. Baldwin was de- nounced in advance. Remote editors, as has been proved, were sounded, in the hope of bringing them out, in opposi- tion to the re-election of the President, and finally, Mr. Calhoun came out with a horrible plot. When this issue was made with himself, personally, the President found his Cabi- net divided, and an entire reorganization was determined upon." That, the true motives- for breaking up the Cabinet, w'ere .not those assigned by the President, that, it was an act pre- m,"=iditated, and that the resignations of Messrs. Van Buren ana Eaton were the consequence, and not the cause of the A UNIT FRACTURED — BY MAGIC. 141 determination, we have further evidence in the confessions of the President and ihe wily Secretary. The President having invited to a private audience one of the Secretaries, (Mr. Branch) whom.he was about to dismiss, for the purpose of making known to him the new arrangements, on which he had determined, said, with an air of diplomatic cau- tion and studied precision, "Sir, I submit to you two letters, which I have received from the Secretary of State and the ^ Secretary of War, resigning their respective offices, and ask" for them your serious consideration." "Sir," replied the as- tonished Secretary, "I am a plain man, and your friend. Our intercourse has been of long duration, and you know, that di- plomacy is no part of my character or of yours. Be so good, therefore, as to tell me, frankly, what you intend, and what you depire of me." " Then, sir, I will inform you that I mean to re-organize my Cabinet." " Very well, sir, I hope you will profi; by the change. I have not been your friend for the sake of office, and I wish only to be informed, whether my conduct, while in your Cabinet, was • satisfactory to you." '-Sir," said the President, "I have no fault to find with you." " With this assurance," said the Secretary, " I &m contented ; but allow me to inquire, who is to be your Secretary of State 1" "Mr. Livingston," was the reply. "Who is to take the Treasurv Department]" "Mr. McLane, now minister in England/' " Who will occupy the Navy Department J" "Mr. W^oodburv." "And pray, sir, who is to replace Mr. McLane in England 1" "Mr. Van Buren." Soon afcer the dissolution of the Cabinet, whilst Mr. Van Buren was waiting, at New York, the arrival of Mr. McLane from England, he replied to the inquiry of a partisan friend, that he had the offer of the mission to the Court of St. James, but had not yet decided as to the propriety of accepting it. His friends, he said, differed as to the policy of his leaving the country at that time, there being some arrangements to make in the republican party, for future operations — and ob- served, that he was anxious to have an interview with Mr. McLane, before departure, should he determine to go. Being interrogated, as to the" real causes of the dissolution of the Cabinet, he answered, that Mrs. Eaton had no agency in the matter; but that it -./as caused more by the conduct of Mr. Calhoun and Mr. Ingham, who desired the retirement of General Jackson from office at the expiration of the first four years of his term of service, and who had endeavoured to consummate their designs by traducing the character of a 142 A UNIT FRACTTRED — BY MAGIC. chaste and virtuous woinan. To the remark, that he, Mr. Van iiuren, liad managed well to pass unscathed through the fiery ordeal, he, laughingly, replied, " Yes, I had seen for some two or three months the approach of trouble, and that a dis- solution of the Cabinet must ensue — the materials being too discordant to continue together in harmony — and to save my- self, I thought it better to retire in time, knowing that if 1 led the way, the rest must follow." Had the President taken the ground, at once, that his Cab- inet was divided, in relation to his own re-election, and there- upon dismissed those who might have been opposed to him, or even all its members, he would have acted with that frank- ness and good faith which would have commanded respect. The public weal, his own peace, required that his Cabinet should possess his confidence and his esteem. The Vvant of harmony between the members, or between the members and himself, was a proper ground for dissolution. But the pre- tence, and the manner of breaking up the Cabinet, are dis- ingenuous, insincere, false; and savours more of the petty intriguQ,,of a chamber maid or valet, — more of Martin Van Buren, than of General Jackson. There wa.s no ground for the allegation of the want of harmony in the Cabinet upon public measures. There had not been a single difference of opinion in relation to any act of the administration; nor could the members of the Cabinet be justly reproached, at the time of the dissolution, with hostility against the re-election of the General. If any had participated in coroplots for this pur- pose, they had seen the vanity of the attempt and were sin- cerely disposed to support him for another term. Mr. Ing- ham solemnly denies having at any period sought to prevent the re-election. There was then, no public cause of differ- ence, unless the dissonance of their wishes relative to a suc- cessor be so considered. But there was, in private and from private causes, much ill-blood between some members of the Cabinet, and these feelings had extended to the President, who most cordially and intensely hated Messrs. Ingham, Branch and Berrien, for showing themselves, in private rela- tions, refractory subordinates. This portion of the history of the administration would have been more germain to the Court of Louis XIV, or Louis XV. of i'rance, and the pages of a courtier's memoirs, than to an historical sketch of Amer- ican politics. We shall endeavour to narrate it, however, . with republican modesty and reserve, and with the greatest A UNIT FRACTURED — BY MAGIC. 143 possible brevity. The tale has one merit: it exliibits the imperious disposition of the President. 268. The lady of General Eaton was not generally re- ceived in the social circles of Washington. She was not in- vited to the soirets of either Messrs. Ingham, Branch, or Ber- rien; and, in one instance, at the house of some other person, she had been treated with marked disapprobation, by the lady of a foreign ambassador. The exclusion from the parties of the Secretaries, gave ground for a rumour, that they had con- spired, by this means, to drive the Secretary of War from tiie Cabinet, and from Wasiiington. The President, who enter- tained for Mr. Eaton the most friendly sentiments, became the champion of the lady, and resolved to establish her upon a respectable tooting in the Washington circles, and, to that end, to compel the Secretaries to receive her at their public entertainments. This was an adventure of knight errantry, which inexperience alone could have excused. He might have, with greater prospect of success, fought agam his In- dian wars, or another British army, than encounter the will of ladies on subjects of established propriety, or even of e-ti- quette. They, and, perhaps, they, only, could, iti such cases, oppose a will m.ore indomitable tlian his own. 269. Determining to have Jiarmony inliis Cabinet, the Presi- dent employed a member of Congress, the friend of all the parties, to represent to the " exciusives" his resolution, unless they consented to receive the lady of the Secretary of War, at their large parties, to remove them from the Cabinet. This message was communicated to them, personally, and at a meeting appointed for the purpose. The answer was such a,s might be expected from men of moral reputation. They, promptly refused to suffer the dictation of any one in the gov- ernment of their families and the arrangement of their inter- course, and braved the threatened penalty, and the anger of the "roaring lion," as he was termed by the internuncio. But the friends of the President, instructed in the new trait about to be introduced into American politics, collected about him, and, finally, convinced him, that, the American public would not tolerate the prostration of a ministry, because it refused to sustain the reputation of a lady. When the ministers assem- bled around the President to hear their fate, he had become calm, and, instead of pronouncing their exile, spoke of har- mony, and solicited their assistance in protecting injured in- nocence. The storm of passion had passed away; but its ef- fects v^rere not wholly removed. The refractoriness of th^ 144 A UNIT FRACTURED — BY MAGIC. subordinates ever rankled in the mind of the Chief, and the unscrupulous perversion of his power, impaired their respect for him, and shook their confidence in the stability of their po- sition. Indeed, they have since declared, that, they would have made him fully sensible of their indignation, at this pre- sumptuous interference with their domestic relations, by throwing up their connnissions, only, such a measure was not then ([uite convenient. How grateful should the country be, to these kind friends of the General, (woul^ that we knew them, that we might preserve their names ibr history) who turned away his wrath, before it had involved the nation in all the horror of foreiofn war. The danger was really imminent. The wife of a for- eign minister had offended the lady of the Secretary at War, and the President had resolved to ^'■seiid her and her hus- band home, and teach him and his master that the vjife of a minister of his Cabinet was not to he thus treated, with im- punity. This would have been, indeed, a truly royal cause of quarrel, but would have looked rather awkward in the an- nals of our republic. We were saved, however, historic page, and country, from this direful consequence of gallant indignation. Laus Deo ! 270. " Sweet are the uses of adversity : Which, hke the toad, ugly and venonions, Wears yet a precious jevve! in. his head." So, has Shakspeare sung and philosophy taught, and our dismissed ministers, derived improvement from the lesson. At least, we have full evidence, that the ex-Secretary of the Treasury received full edification from the occasion. In an address to his friends, who assembled to receive him, on his return, to the shades of New Hope, he said, " I regard the moment in which my separation from the public service was determined on, as the m.ost propitious moment of my life; and although it might now be difficult to persuade those who par- take deeply of the prevailing passion for office, of the sincer- ity of this declaration, yet, I perfectly know, that the time will come, when it will be readily believed. As to pecuniary advantage, (if any think of this,) much less labor than I should have bestowed on official business, well directed, will easily procure something more than a bare subsistence, which all know is scarcely afforded by the salaries at Washington, A UNIT FRACTURED — BY MAGIC. 145 I can have no cause of resentment, therefore, on this account. It will not be thought profanity, I hope, to say, the President is but mortal; subject to all infirmities incident to human na- ture ; his displeasure or denunciations are not directed by an om- niscient eye, nor do they carry with them political or corporeal death. And even, if, as he suggested in his correspondence with me, of the 20th of April, (1831) I was intended as a sacrifice to propitiate public opinion, for others whom he loved, and whom it had severely threatened, that of itself is not good cause of resentment. It was not the ancient cus- tom, even in idolatrous sacrifices, to select the worst of the flock for those purposes. But whatever may have been the motive for my removal, I shall enjoy the effect; and I feel like a mariner who has safely returned from a long, toilsome and somewhat perilous voyage, to receive Ihe joyous greet- ings of his companions and friends." Again, in his letter to the President, of the 26th of July, 1831° he remarks; "This {his defence) has been, irresistibly, forced upon me, at the moment of my retirement from public service, and when satiated with its enjoyments and fortified by vivid experience against its allurements, I had fondly cherished the hope of spending my days in the quiet of do- mestic life, out of the reach of the disturbing conflicts of po- litical controversy." That admirable observer, Shakspcare, wlio, like his own Cassius, " looked quite through the deeds of men," has given us a parallel, in the Cardinal Wolsey, to the case before us, from which we would think Mr. Ingham had borrowed his philosophy, did we not know, that it was common to all re- formed politicians, and that, the great master, in Wolsey, painted a class, and not an individual. Crom. How does your grace 1 IVul. Why well ; Never so truly happy, my good Cromwell. I know myself noiv; and I feel within me A peace above all earthly dignities, A still and quiet conscience. The King has curd me, I humbly thank his grace; and from these shoulders, These ruin'd pillars, out of pity, takeu A load would sink a navy, too much honour: O, 'tis a burden, Cromwell, 'lis a burden Too heavy for a man that hopes for heaven." He might, indeed, should any longing, lingering reminis- 13 146 A UNIT FRACTURED — BY MAGIC. cence of departed greatness come upon him, exclaim with the same fallen statesman, " There was the weight that pulled me down ; O Cromwell, IVte King has gone beyond me, all my glories In that one woman 1 have lost forever." How admirable was this conversion of Mr. Ingham ! No feat performed by the General was more meritorious, none more difficult, when it is considered that, the besetting sin of the convert was lust of office, and to the gratification of which, he had devoted the full half of his life. The mali- cious, however, may say, that even in the confession there are symptoms that the conversion is neither full nor perma- nent, and may recur to the dislicli ; "The Devil was sick, the Devil a Saint would he, The Devil got well, the Devil a Saint was he." But if there be circumstances throwing doubt over the sin- cerity of the conversion, Mr. Ingham is entitled to the benefit of his refusal of the prostituted mission to Russia. We have dwelt upon the case of Mr. Ingham, because he was the most conspicuous actor among the aggrieved of tiie deranged Cabinet. We must not, however, dismiss it with- out adverting to the personal violence with which he was threatened, by the ex-Secretary of War, which put in jeop- ardy his life, and in which, he accused the President of the United States of being an accessary. To the citizens of the United States, the whole subject is a painful one. They have beheld the administration rent asunder by the fierce contentions of their public servants, in attempts to prostitute their stations, v/hich should be used for the public v/eal, to the promotion of their private interests, and the affairs of the nation involved in scandalous discussions of a lady's reputation. They have been mortified in behold- ing their First Magistrate descending into the coteries of fe- male scandal, and, attempting to sustain, by the weight of po- litical authority, one whom the society of the metropolis was supposed to reject; displaying a want of consideration for his character and station, and a disposition, imperiously and un- warrantably, to control those whom he held dependent upon him in the private and most sacred concerns of their domi- A UNIT FRACTURED — BY MAGIC. 147 oils, — a stretch of power, paralleled only in the most absolute despotism, or in the corruption of a superannuated monarchy. 271. Happily for Mr. Barry, the abuses in his office, had brought his conduct under the examination of the Senate; and though it is understood, that, he also tendered his com- mission, it was refused, for the very proper reason, that his re- tirement at this juncture, might be deemed a confession of malversation, and for the no less cogent reason, that, his effi- ciency as a party agent could not be readily supplied. This sole fraction of the Union Cabinet was preserved to become the leaven of future batches. 272. The second Cabinet of General Jackson consisted of Mr. Livingston, Secretary of State; Mr. McLane, Secretary of the Treasury; Mr. Cass, Secretary of War; Mr. Wood- bury, Secretary of the Navy; and Mr. Taney, Attorney General. CHAPTER XL ABASEMENT OP THE UNITED STATES. 273. Although Mr. Van Buren, like the other ministers, had retired, there was a broad difference between his case and theirs; his was " ?'eci/ier jjowr saw/er," receding- that he mig-ht, more surely, make the higher leap ; whilst theirs, was, "a farewell, a long farewell to all their greatness." In the reply, which he prepared tor the President, to his letter of resignation, he took special care to announce his purpose of being again employed. The President is made to say, "I part with you, only, because you yourself have requested me to do so, and have sustained that request by reasons strong enough to command my assent. I cannot, however, allow the separation to take place, without expressing the hope, that this retirement from public affairs, is but temporary; and that, if, in any other station, the Government should have oc- casion for your services, the value of which has been so sen- sibly felt by me, your consent will not be wanting." 274. That letter of resignation, too, has a very remarkable feature, commencing a change in the practice of ofhce-seek- ing. In some portions of the country, aspirants to the ofhces of sheriff, county commissioner and constable, are in the prac- tice of, publicly and personally, soliciting popular suffrage; in others, it is not holden dishonorable to candidates for seats in the State Legislatures and Congress, to make public de- clarations of their wishes, and a display of their qualifica- tions. We have not heard of an instance in which this prac- tice has extended to the ofRce of Governor; and as for the Presidency, it has, upon all hands, been deemed an office of too great dignity to be solicited or refused. Mr. Van Buren has contrived, however, in his correspondence with the Pres- ident, upon this occasion, not only, to put himself in nomina- tion for the office of President, but to obtain the President's sanction for his course, and to put himself before the people as the appointee of General Jackson. "From the moment," says Mr. Van Buren, in his letter, "of taking my seat in your Cabinet, it has been my anxious wish and zealous endeavour to prevent a premature agitation of the question of your successor; and, at all events, to dis- 148 ABASEMENT OF THE UNITED STATES. 149 countenance, and if possible, to repress, the disposition at an early day, manifested, to connect my name with that disturb- ing topic. Of the sincerity and constancy of this disposition, no one has had a better opportunity to judge than yourself. It has, however, been unavailing. Circumstances, not of my creation, and altogether beyond my control, have given to this subject a turn, which cannot now be remedied, except by a self-disfrancliisement, which, even, if dictated by my indi- vidual wishes, could hardly be reconcilable with propriety or self-respect." To this reason, General Jackson, as we have seen, is made to give his assent, and thereby to approve this self-nomination of Mr. Van Buren for his successor. We cannot be mistaken in this construction of the correspondence, since it is supported by the unbroken tenor of subsequent events. 275. The hope expressed by the President, that Mr. Van Buren would consent to serve in other stations in public affairs, was founded on the foregone conclusion that he should fill the ofSce of minister to the Court of St, James, it being resolved before his resignation, that he should succeed Mr. M'Lane in that office, and that the latter should become the Secretary of the Treasury, in place of Mr. Ingham. To this office, Mr. Van Buren was accordingly appointed ; and in the course of the summer of 1831, departed for Europe. 270. Upon the meeting of Congress, in December, Mr. Van Buren was nominated, with other high officers, to the Senate of the United States, for their approbation. An op- portunity was thus given to that body to consider and express its opinion upon the conduct of Mr. Van Buren, in his late office of Secretary of State, and particularly in connection with the convention with Great Britain, in relation to our trade with her colonies; in which, he was chargeable with having abased his country, by humiliating and ignotninious solicitation for favours, which should have been demanded as riirhts, — by an aspersion of the integrity and capacity of the (late) administration of his own country, — and by the intru- sion of our party differences into our diplomatic correspon- dence. Hitherto, whatever party bickerings we may have had at home, we had, invariably, presented to foreign powers, but one front, in our official communications with them. No American administration had, ever before, in its diplomacy, debased the national dignity by the indulgence of party ma- levolence. In order to understand, fully, this offence, charged upon Mr. Van Buren and upon the Jackson administration, it 13* 150 ABASEMENT OF THE I3NITED STATES. becomes necessary to state, concisely, the question at issue be- tween the United States and Great Britain. This is neces- sary, also, in another point of view ; that we may determine upon the merit claimed by that administration in the negotia- tion, and its results, which were boasted, without cause, to be highly advantageous to the country, and to have been, wantonly and unwisely, disregarded, by the preceding admin- istration. 277. It has been long the policy of the United States, to establish, in her commercial relations with foreign states, the principle of entire reciprocity. To this end, we have offered, by our acts of Congress, that, if any nation v^ill admit our vessels into her ports without discriminating duties, we will, forthwith, admit her vessels upon the like terms. Several na- tions have acceded to this offer, and the principle has been incorporated into several treaties. 278. England refused to agree to terms so equal, until, in the year 1815, she was forced to adopt them ; Mr. Huskis- son, her minister, observing, that " after a long struggle to counteract the navigation system of America, without in any degree, relaxing our own. Great Britain found it neces- sary to adopt the system of reciprocity." But she, expressly, excepted her West India Islands from the operation of this principle; long varying her contrivances, with the sole view of keeping the trade with those islands in the hands of British ship owners. 279. A contest for this trade had grown up, in the earliest stage of our political existence — not that, we should force, upon the British Islands, our produce, for their" geographical position clhnate and artificial institutions rendered it indis- pensable to them, — so indispensable, that to admit it, their ports were opened, even during the late war with us. But the contest was for the carrying trade — for the right of transporting our produce in our own ships. It was com- menced, immediately, after the acknowledgment of our inde- pendence, and was animadverted upon, in the Continental Congress, of 1784, as a cause of conferring additional powers upon the Confederation, in order to maintain it on our part with success. In the first Congress, 1789, Mr. Madison de- clared, that he would meet interdict with interdict, " until we should be allowed to carry to the West India Islands, in our own vessels, the produce of America, which necessity compels them to take." And President Washington, in his instructions to Mr. Morris, in the same year, says, emphati- ABASEMENT OF THE UNITED STATES. 151 cally ; " Let it be strongly impressed upon your mind, that the privilege of carrying our own productions^ in our own vessels to their islands, and bringing, in return, the produc- tions of those islands, to our own ports and markets is re- garded, here, as of the highest importance," And the 12th article of Jay's Treaty, which related to the colonial trade, was expunged as utterly inadmissable, not having secured ■ such right. A long but fruitless negotiation ensued. In 1817, the Brit- ish attempted to give the trade a circuitous direction, through their northern provinces or the island of Beruiuda, in British bottoms to the exclusion of American vessels. To accomplish this, they at first proposed to reserve to themselves, the right to vary their imposts, upon our productions, at pleasure, in different colonies ; so that, the same articles might be made to pay a higher rate of duty, when transported directly in American bottoms, than when circuitously in British. This was firmly resisted, and the British, in the negotiations of 1818, expressly and unqualifiedly abandoned it. It was re- linquished, too, by the Acts of Parliament of 1822 and 1825, and never renewed until the negotiations of Mr. McLane, in 1830. The important negotiations of 1818, it appears from the letter of Mr. McLane of 14th of March 1831, were wholly unknown to that gentleman, though essential to the due performance of his mission. The United States, under all administrations, except the present, steadily adhered to the rule of equity and reciprocity, in this trade, which they desired in all branches of commerce. They, therefore, opposed exclusion with counter exclusion, restriction with restriction, and met every advance towards freedom of trade with correspondent indulgence. The im- portance of protecting the principle being always considered as far greater than the value of its operation in this particu- lar branch. The proceedings on the part of the English and American Governments, upon this subject, had, in March 1823, resulted in the following provisions. 1. Certain enumerated British colonial ports were opened for direct intercourse with the United States. 2. Produce of such colonies, respectively, (not otherwise prohibited) might be brought from such ports to the United States in British and American vessels equally. 3. Whenever discriminating duties ceased to be levied on our vessels, arriving at those ports, British vessels, from the 152 ABASEMENT OF THE UNITED STATES. same ports, might, in like manner, be exempted from such duty in our ports. 4. Such articles, as British vessels, coming from the open- ed ports, might take back with tiiem, American vessels might equally carry from the United States to the opened ports: British vessels giving bond to land their cargoes there. 5. Articles of the growth or produce of the colonial pos- sessions, respectively, and none other, to be brought by ves- sels of either nation, from the opened ports to the United States, and only by the direct voyage. 6. No British vessel to carry goods from the United States to the opened ports, except such as had come from one of those ports. No American vessel to bring goods from one of those ports to the United Slates, unless she had gone direct from the United States. British vessels, from those ports to the United States, to carry no goods from the United States, unless back to such ports: and American vessels to carry nothing from the opened ports, elsewhere, than back to the United States. The Act of Congress embracing these principles, framed with great care, and passed almost unanimously, was a dis- tinct declaration of the American notion of reciprocity, and in effect, an offer to the British, to open the doors wide, to hold them ajar, or close them entirely, as the board of trade, at London, might prefer. In this state of affairs, the British Government resorted, to a renewed experiment of diplomacy. Mr. Huskisson and Mr. Stratford Canning were appointed, specially, to conduct a negotiation with us, and were met, on our part, by Mr, Rush, with instructions prepared by Mr. Adams. In the discussion, one great point was gained. The correct- ness of the American principle was admitted by the British Government; and its readiness to make an arrangement, on the basis of a just reciprocity, declared. But, this just re- ciprocity was as difficult to settle, as it has been,_ among our- selves, to determine, what is a judicious tariff'. Some of the British notions of reciprocity were rather odd. The act of Congress, of 1823, required the admission of American vessels into British colonial ports, on payment of no, other, or, higher, duties than British vessels, from the United States, or elsewhere; this word '' elseivhere" com- prehended England, Nova Scotia and all other British posses- sions. The British commissioners contended, that, the trade between England and her colonies, and between any two ABASEMENT OF THE UNITED STATES. 153 colonies was to be considered as a coasting trade and, there- fore, British vessels ought to be allowed to go free from Lon- don, or Halifax or Jamaica, (for example,) as American ves- sels could sail between New York and Philadelphia. This idea being novel, time was taken for its consideration, and the negotiation was suspended. The effect of this word " elsewhere " was to require, that our produce should not be taxed higher in the West India Islands, than the productions uf the British northern provinces or other dominions. Thi.s was waived by our government in 1826. But the principle that our produce should be taxed no more, when transported in our own vessels, than when in British bottoms was never conceded by us. In this posture, Mr. Adams, when he became President, found the subject. 280. By the admission of this view of a coasting trade, extending round the globe, the principle of reciprocity was not necessarily affected, nor did the admission of British ves- sels from British ports into British ports, without duty, re- quire, by any reciprocity, the imposition of discriminating duties, upon such vessels in our ports; but the value of the trade would be seriously affected, if British vessels might carry, from Nova Scotia to the West India Islands, free of duty, cargoes similar to such as we should send under the burden of a heavy impost. Against this injury, Mr. Adams sought to provide ; and instructions, to that purpose, were given to Mr. King ; but before he reached London, the British (lovernment had by act of Parliament changed their whole system of colonial trade. This act, (July 5, 1825) opened their West India Islands to the commerce of all nations, so far as the carrying trade was concerned, under certain restrictions and with dis- criminations in favour of British shipping — upon condition, also, in regard to nations having colonies, that they admitted British commerce to their colonies ; and in regard to nations without colonies, that they should place the commerce of Great Britain, and all her foreign possessions, in their ports, upon the footing of the most favoured nations. This, and a simultaneous act were voluminous, complex, and so difficult of apprehension, that when Mr. Vaughan, the British minis- ter at Washington, was officially called upon to say, whether, under them, discriminating duties would be levied upon American vessels, he declared he could not tell; nor was our application in England attended with more success. Mr. Canning was ill and, subsequently, Mr. King, our minister, 154 ABASEMENT OF THE UNITED STATES. was disabled for service, from the same cause.* Here was a new difficulty. We were required, as a preliminary condi- tion for participating in whatever advantages these new acts might give, that we should put Great Britain and all he pos- sessions upon the footing of the most favoured nation ; but with several nations, all discriminating duties were reciprocally abolished, and treaties were in progress in which still greater freedom of intercourse was to be mutually allowed. To ad- mit British vessels to such advantages without any mutuality would have been alike unjust and absurd. Mr. Adams' ad- ministration did not accept of the offer for the reasons we have stated, and, also, because it was never officially commu- nicated to it ; — because, only a few months before, a negotia- tion on the same subject had been suspended, witii an under- standing that it might be resumed — and because, it was very desirable to arrange the whole matter, by treaty, in order to secure, if we could, the admission of our products into the British islands for consumption, as well as the admission of our vessels. Mr. Van Buren was perfectly aware of this, and in part of his instructions puts the case in a just light. " If," says he, "it is meant by this condition that the commerce, «Sz.c. of Great Britain, shall be gratuitously and generally placed on the same footing with those of the most favoured nations, by granting to them privileges, which we allow to other na- tions for equivalents received, it would be wholly inadmissi- ble." Soon after, at the session of Congress of 1825-6 it was pro- posed, but not agreed upon, to repeal our discriminating du- ties; and Mr. Gallatin, who succeeded Mr. King, was in- structed to inquire of the British ministers whether, if we repealed all restrictions, admitted the English idea of coast- ing trade, and abolished all discriminating duties, they would meet us with corresponding regulations: — In a word, whether the direct trade would be open to the vessels of both nations, without alien duties, on either side: American vessels, de- parting frou) the islands, going any lohere, except to other British ports: British vessels, departing from the United States, going any where, except to American ports: And whatever goods might be carried by British vessels from our ports to the colonial ports might equally be carried in Amer- * Discrimuiatiiig duties were however actually levied, on American vessels, in some of the British ports. ABASEMENT OF THE UNITED STATES. 155 ican vessels. This differed from the former propcsition ; leaving the British to impose what rate of duties they might think proper, on their own vessels, coming into the colonicil ports from other colonial ports, or from England. The prin- ciple of reciprocity was perfectly guarded, and the utmcst freedom of commercial intercourse contemplated by this pro- posal. Before the arrival of Mr. Gallatin, however, the Britisli Government had taken new, almost hostile, ground against us; having, under pretence that we had refused to put them on the footing of t)ie most favoured nation, by an order ot council, closed their colonial ports, absolutely, against the commerce of the United States, whilst they were kept open to all other nations. But as this position was not defensible, inasmuch, as other nations had also refused to put British commerce on the ground of that of the most favoured nation, the British minister took the old ground; declaring, that re- ciprocity had nothing to do with the matter; — that all trade with colonies was a mere indulgence and a boon to other na- tions, to be regulated by the irresponsible will of the mother country alone : and he refused to make this subject one of further negotiation. In the session of 182G-7, the course of the American Ex- ecutive was fully sustained by both Houses of Congress. General Smith, who had led a previous effort to repeal the discriminating duties, disavowed any intention to censure the administration, and declared, distinctly, that the omission to act on the British proposal, contamed in the Act of Parlia- ment, 5th July, 1825, had been the omission of Congress, en- tirely. The British Government pertinaciously adhering to their determination not to treat upon this subject, the inter- dict, upon our part, upon British vessels from niterdicted ports, followed of course, under the provisions of the act of 1823, which it was the duty of the Executive to carry into effect. 281. The dii-ect trade, therefore, between the United States and the British colonies continued to be suspended. The con- sequences, however, were much more injurious to the British commerce than to ours. The effect with us was, only, to substi- tute different channels for an exchange of commodities indis- pensable to the colonies, and profitable to a numerous class of our fellow citizens. Neither the exports, navigation nor rev- enue, of the United States suffered diminution. The colonies paid more dearly for the necessaries of life, which their Gov- ernment burdened with charges of double voyages, freight 156 ABASEMENT OF THE UNITED STATES. and other charges; and the profits of our exports were some- what impaired, and more injuriously transferred from one por- tion of our citizens to another. The evil effects of the trade upon English commerce became known to the ministers, wlio declared their conviction, that the interdict had been injuri- ous to the colonies, without being useful to the rest of the empire. 282. In this state of the case, the administration of Mr. Adams closed, and General Jackson came into office. During the presidential canvass, the condition of our commerce with the British colonial ports, became a favourite theme of elec- tioneering rhetoric, and Mr. Adanjs and his administration were charged, (how falsely we have seen) with having- lost the West India trade ; as if Mr. Adams had found the United States in the quiet unrestricted enjoyment of commerce, the advantages of which he had contrived or suffered, to be lost, through sheer malignity or folly ; and as the case was some- what complex, and understood by few, there was little diffi- culty in keeping up the delusion and fostering the ill will it had contributed to excite. 283. It was a point of policy, in the new administration, to make the most of such an opportunity. Hence, the instruc- tions, by Mr. Van Buren, were prepared, manifestly, for e^'ect, on liie mind of the President, and on the Jackson par- ty, throuo'hout the country. To gain this point, even the most humiliating means were acceptable. The measures of the preceding administrations were condemned, though approved and sustained by the assembled councils of the nation. The country was declared to be in the wrong, and our repre- sentative instructed to solicit, as an inferior and a suppliant, that, as a. boon, which the nation had rejected. The Government of the United States was declared by Mr. Van Buren to have been in the wrong ; " 1st, In too long and too tenaciously resisting the right of Great Britain to impose protecting duties in her own colonies; 2dly, in not relieving her vessels from the restriction of returning direct from the United States to the colonies, after permission had been given, by Great Britain, to our vessels, to clear out from the colonies to any other than a British port ; and 3dly, in omitting to ac- cept the terms offered by the Act of Parliament of July, 1825. It is without doubt," continues the Secretary of State, "to the combined operation of these causes that we are to at- tribute the British interdict. You will, therefore, see the propriety of possessing yourself fully of all the explanatory ABASEMENT OF THE UNITED STATES. 157 and mitigating circumstances connected with them, that you may be enabled to obviate, as far as practicable, the unfavour- able impression which they have produced." After stating the condition of the trade, and exaggeratincf, greatly, the disadvantages of its operation on the interests of the United States, Mr. Van Buren proceeds, "It is the anxious wish of the President to put an end to a state of things so injurious to all 'parties. He is willing to regulate the trade in question upon terms of reciprocal advantage, and to adopt for that purpose those which Great Britain has her- self elected, and which are prescribed by Act of Parliament, of 5th July, 1825." Among the arguments, to induce the British Government to grant this favour, is the following, in which, our party dissentions are exhibited to them, and the conduct of the Government of the United States represented, as the act of a party which the nation had judged and con- demned, and the present administration as another party, fa- vourable to Great Britain. "If," says the patriotic Secretary, "the omission of this Government to accept of the terms proposed, when, hereto- fore, ofl'ered, be urged as an objection to their adoption now, it will be your duty to make the British Government sensible of the injustice and inexpediency of such a course. " The opportunities which you have derived from a participa- tion in our councils, as well as other sources of information, will enable you to speak with confidence (as far as you may deem It proper and useful so to do) of the respective parts taken by those to whom the administration of this Government is now committed, in relation to the course heretofore pursued upon the subject of the colonial trade. Their views of the point have been submitted to the people of the United States ; and the councils by which your conduct is now directed, are the result of the judgment expressed by the only earthly tribu- nal to which the late administration icas amenable for its acts. It should be sufficient, that the claims set up by them, and which caused the interruption of the trade in question, have bee?! explicitly abandoned by those who first asserted them, and are not revived by their successors.* If Great Britain deems it adverse to her interests to allow us to participate in the trade with her colonies, and finds nothing in the exten- sion of it to others to induce her to apply the same rule to us, she will, we hope, be sensible of tlie propriety of placing her * This was wholly untrue, 14 158 ABASEMENT OF THE UNITED STATES. refusal on tliese grounds. To set up the acts of the late ad- ministration, as the cause of forfeiture of privileges which would otherwise be extended to the people of the United States, would, under existing circumstances, be unjust in itself, and could not fail to excite their deepest sensibility. The tone of feeling, which a course so unwise and untenable is calcu- lated to produce, would, doubtless, be greatly aggravated by the conscientiousness, that Great Britain has, by order in Council, opened her colonial ports to Russia and France, not- withstanding a similar omission, on their part, to accept the terms offered by the act of July, 1S25." "You cannot press this view of the subject too earnestly upon the consideration of the British ministry. It has bear- ings and relations that reach beyond the immediate question under discussion." 284. There is not, perhaps, in the history of diplomacy, a parallel for these instructions. The minister is sent, to con- fess that his Governm.ent had been in the wrong, to declare that, the agents who had been auxiliary to the wrong, had been condemned and discarded, and to solicit for a party, just come into power, a favour whicli tliey merited from their kind feelings to Great Britain. 285. Such a course, and such arguments, might be per- mitted to almost any man, rather than to Mr. Van Burcn; for, he not only knew, but averred, distinctly, what propriety in this very case of diplomacy recjuired. In discussing the subject, in Senate, 24th February, 1827, he remarked ; " In a Government like ours, founded on freedom of thought and action, imposing no necessary restraints, and calling into exercise the highest energies of the mind, occasional differ- ences of opinion are not only to be expected, but to be de- sired. But, this conflict of opinion should be confined to sub- jects which concern ourselves. In the collisions which may arise between the United States and a foreign power, it is our duty to present an unbroken front. Domestic differ- ences, if they tend to give encouragement to unjust preten- sions, should be extinguished or deferred; and the cause of our Government must be considered as the cause of our country.'''' Again; " The humiliating spectacle of a foreign government speculating for the advantage which it may de- rive from our dissensions, will, I trust, never again be the re proach of the American people." And as the alleged ground of the censure, in the instruc- tions, was that the late administration had not at once adopt- ABASEMENT OF THE UNITED STATES. 159 ed Mr. Canning's views of the subject, the following passage from the same speech, is yet more condemnatory of Mr. Van Buren's course ; for, said he, "If we direct our attention to the ground which Mr. Canning has assumed, there can be, on this side of the Atlantic, no diSerence of opinion, liis inde- fensible in its principle, and unjust in its application^ The propositions with which Mr. McLane was charged, were identical, or, in his own phrase, coincident, with those proffered by Mr, Gallatin, and which had been rejected; but, the style in which they were respectively made, was essen- tially different. Mr. McLane went to the extent of his in- structions, and his humility and deference towards the British authority, obtained for him, in the court circles, the charac- ter, if not of an able man, at least, of a ^^good fellow,'''' — the least enviable reputation, we should think, a diplomatist should desire. In the most prolix of all diplomatic addresses on record, he speaks of the reasonableness of his demands, prays for a de- cision — solicits the earliest convenient answer — regrets that ancient prejudices, — admits that the measures of the United States had contributed to produce the present evil — has no disposition to deny the injurious effects on the commercial en- terprize of his country — trusts to be excused for recurring to some of his own arguments — calls this, his application for an early decision — speaks ofyhi^owr expected — of the pretensions of the American Government, or rather (for his phrase is even worse) of American pretensions, advanced in previous years, but now disclaimed by him; and of the improvident legisla- tion; asks that the United States may be permitted to con- tribute supplies to the Islands — begs leave further to say, &c., and hopes to be excused for asking Lord Aberdeen, to con- sider, &c, — Hopes for a favourable decision, and repeats his deep solicitude for the result. And, instead of conforming literally to the most offensive portion of his instructions, put- ting the present application, and past omission, upon party grounds, he adopts phrases not applicable to the conduct of a few individuals, but declaring, that the claims advanced in justification of the conduct rf the United States, had been abandoned, &-c. There are other strongly offensive points in Mr. Mc Lane's correspondence, but our business is not, at present, with him; and he may, perhaps, find a shield in his instructions. Besides these, of the instructions, other humiliating means of caiolerie were put in use. In his Congressional Message 160 ABASEMENT OF THE UNITED STATES. of 1829, the President was made to say, of the British Gov- ernment: " Distinguished alike in ^eace and in war, every THING in the condition and history of that country is calcu- lated to command our respect." No President had ever said any thing like this. The Quarterly review could say no more, and would not say so much. It is almost universally admitted that some incidents in the history of England might be forgotten, without detriment to the national character. Mr. McLane was instructed to communicate this adulation, with a view to help the negotiation. " It is to be hoped,'' .says Mr. Van Buren, "that the President's message will aid the liberal views which the principal members of the British Cabinet are understood to entertain," &c. 286. But, up to May, 1830, all these, and other efforts were useless. On the 27th of that month, the President by a confidential communication, asked Congress to place his propositions in the shape of a law, which having been drawn up under the inspection of the Cabinet, was presented by Mr. Cambreleng, the known adjective of Mr. Van Buren. In re- commending the bill Mr. C. declared, that, it "contained no new principle," but corresponded, precisely, with the instruc- tions of Mr. Clay to Mr. Gallatin ; and with this understand- ing the bill passed almost, unanimously, in both Houses ; and, thus, whatever may have been the pretensions or concessions of the former administration, it is manifest that by this act, they were approved and ratified by Congress, and recommend- ed tor permanent adoption by the fiercest enemies of Mr. Clay and Mr. Adams. But, notwithstanding Congress had thus taken the negotiation into their own hands and determined to renew the propositions of Mr. Clay, maintaining the princi- ple of reciprocity with the utmost strictness, that principle was surrendered, and the law frustrated. 287. Mr. Cambreleng's act provided, that when the Presi- dent should be satisfied; 1. That the British would open their colonial ports; 2. That American vessels and their car- goes might enter them, free from alien duties; 3. That such vessels might carry to such ports, from the United States, any articles which might be imported in a British vessel, from the United States, into such ports; 4. That American vessels might export, from British colonial ports, any article, export- able, therefrom, in a British vessel, and to any country, other than the Britisli dominions; and 5. That the commercial in- tercoure of the United States with all the other parts of the British dominions, remain on a footing not less favourable to ABA.SE5IENT OF THE UNITED STATES. 161 the United States than before; — Then 1. The ports of the United States should be opened to British vessels and their cargoes from the colonial ports, free from alien duties; 2. British vessels might import into, and export from the United States any articles, as American vessels; 3. The acts of 1818, 1820 and 1823 should be suspended or repealed; 4. And Bri- tish vessels, from British North American ports, might be ad- mitted to entry in our ports. This act was described by Mr. McLane as "a voluntary and leading- step, in the conciliating policy of the two na- tions, taken in disdain of the restraints of form," &c. But, the British ministers would not trust to our pledge, that our ports should be opened, when the British Government should have given the "satisfactory evidence" referred to in our act of Congress; they required that our ports should be ac- tually opened, before their Government took any decided step; — But further, they insisted on tiie actual surrender of the principle of reciprocity, and they obtained both. 288, The American policy, and all our measures conform- ed to it, contemplated a rule of reciprocity, and, as indispen- sable, that American and English vessels should sail, from our ports to the West Indies, with perfect equality as to the car- goes they might carry; that is, taking cargoes of American or foreign goods, or mixed, or both. One of the conditions of the act of Congress of 1830, was, "That the vessels of the United States may import into the said colonial possessions, from the United States, any article or articles, which could be imported in British vessels, into the said possessions from the United States." But, in a spirit of unexampled subser- viency, our minister agreed, that, the act of Congress should be so construed, despite its manifest import — as to deny to American vessels the right to carry foreign goods or mixed cargoes, and yet to allow that privilege to British vessels. Thus surrendering the principle which had been steadily maintained since 1789, and audaciously nullifying the act of Congress. There was no oversight in this; it was distinctly seen, and an attempt was made to excuse it ; Mr. McLane alleging; "the difference cannot be an object of much impor- tance. It will generally be our interest, as it is that of every other nation, to allow the exportation of its surplus foreign produce, in the vessels of any other country." That is, that the carrying trade, the employment of our own ships, and the advantages of assorted cargoes, were of no importance. If 14* 162 ABASEMENT OF THE UNITED STATES. such points as these can be misunderstood, merchants should be our diplomates. The privilege we have thus obtained does not depend upon treaty, or any species of compact, obligatory on Great Britain. The operation of an Act of Parliament which has been ex- tended to our intercourse with the British Colonies, may be repealed without the violation of good faith, to-morrow. The arrangement was formed by diplomatic letters which were not submitted for the approbation of the Senate. 289. The result has been, that the advantageous trade hitherto enjoyed through the neutral islands has been lost; the tonnage employed in the West India trade from the United States greatly diminished, and the object of Great Britain, to supply her West India Islands by her North Amer- ican colonies, instead of by the United States, has been, by our folly, promoted. The mode by which this is done, is by imposing on American produce, carried in American vessels — of course by the direct voyage — such duties, as are, in effect, prohibitory ; and at the same time permitting such pro- duce, to be carried to the North American colonies, free of duty, or slightly charged, and, thence free, and in British ves- sels, only, to the West India Islands. Our gain, from this arrangement, would seem to be, the principle of direct inter- course with the British West India Islands — in Empty Ships. The effect is rendered but too apparent, by the report of Mr. McLane, in March, 1832, upon the call of the Senate ; from which it is demonstrable, that during the year 1831, there were in the intercourse of this country with the Biitish, Swedish and Danish islands, and the Northern provinces, entries 156,776 tons of American shipping, and 110,899 of foreign, (nearly all British); and of departures, 166,134 American tons and 110,899 of British or foreign. In the pre- ceding year, 1830, before the arrangement of Mr. Van Bu- ren, the American tonnage, in the same trade, was, of entries, 204,416, and of foreign, but 5,842; of departures, American 199,476, and of foreign, but 16,360 — the American tonnage having fallen off nearly 25 per cent, and the British having increased nearly 2000 per cent. 290. The English press distinctly recognized the advan- tages the British nation had gained ; avowing " that, while the trade with the United States was indirect, the navigation was in the hands of the Americans, and that the British Gov- ernment in concluding the treaty with that of America have ABASEMENT OF THE UNITED STATES. 163 forced the trade from American hands into those of British ship owners. The British Government appears to have had another object in view, — namely, that, of imposing such addi- tional duties on the direct trade to the West Indies, with cer- tain exceptions, as in effect to be prohibitory. By this means the United States' produce is forced into the North American colonies, whence it is transported in British bottoms, duty free, to the West Indies." "The most important point," continues the English writer, "secured by this new arrangement, is the carrying trade. British vessels may now proceed from any part of his Majes- ty's dominions direct to the United States; there load a full cargo, either for the West Indies, or via the provinces, as the nature of the cargo may invite, thus completing the whole voyage, a portion of which only, American vessels would be able to perform. This also embraces the privilege of taking debenture (foreign) goods, which could not take place in American vessels, they being confined to the produce of their States alone." In confirmation of these statements, which were taken from the St. Christopher Gazette, and a London paper, and sent to New York by an American ship-master, we give his letter. St. Kitts, March 15, 1832. " Gentlemen — I send you the enclosed, to show that our commerce with the British Islands will soon dwindle to no- thing as regards our shipping; the carrying trade is lost to them. I have been to all the windward Islands with a car- go of flour, pork, beef, candles, soap, &c. and could not sell one single article of my cargo. Wherever I have come, I have had British vessels beforehand, importing the same arti- cles, duty free, and my cargo I shall have to land at St. Barts or St. Thomas." 291. Of the disposition of Mr. Van Buren, as an executive officer, to dispense with, to disobey the laws, we may cite his letter of the 5th Oct. 1830, to Mr. McLane, relative to this subject. He assures the minister, that the construction of Lord Aberdeen and himself, by which the reciprocity in the export of foreign goods required by our act of 1830 was abandoned, "was adopted without reserve;" and adds; "The President has derived great satisfaction from the carndour and liberality which has characterized his majesty's ministers throughout the negotiation, and particularly in not suffering 164 ABASEMENT OF THE UNITED STATES. the INADVERTENCIES of OUT legislation, attributable to the haste and confusion of the closing scenes of the session, to defeat or delay the adjustment." 292. Let us forget, tor one moment, if it be possible, this arrogant dispensation of the law of the land, by the Executive, on the ground, that one of its most important and plauiest provisions was an inadvertency — a construction which if given by the Supreme Court, would have filled the country with just and unbounded indignation, and let us ask, what was, in truth, the facti This very provision so annulled, was in the bill of 1827 which passed the House of Representa- tives, — is the same as Mr. Madison's proposition in 1790, and Mr. Clay's instruction of 1826 — was contained m the act of 1830, as originally reported by Mr. Cambreling — and which Mr. Van Buren, in communicating it to Mr. McLane, in June 1830, characterized, "as a solemn public movement on our part." — Yet he afterwards lays the same at the foot of the British throne, thanking his Majesty for concurring in a disregard of its enactment, and offering in excuse for its in- advertencies the ^^ haste and confusion^^ of the National Legislature. What language is this, for an American States- man, and what a picture is here to be exhibited to the eye of British royalty of the dignity and deliberation of a repub- lican — an American, Congress! 293. The pretensions of the American Government, as Mr. Van Buren, factiously, and in the spirit of an English partisan, called them, were, that the produce of the United States should be admitted, into the British West Indies on the same terms as similar produce of the British American con- tinental possessions, without which equality our produce could not maintain, in those islands, a fair competition with the produce of Canada, but would flow from the western parts of New York, and the northern parts of Pennsylvania and Ohio into Canada; aggrandizing Montreal and Quebec and giving employment to British shipping to the prejudice of the canals of New York, the port of New York and American shipping. And the evils which were foreseen have been realized. Our produce passes into Canada, en- riches her capitals and nourishes British navigation. Our own wheat is transported from the western parts of New York, into Canada, there manufactured and thence transport- ed in British ships, in the form of Canadian flour, thus de- priving us of the privilege of manufacturing our own grain. And when the produce of the United States, shipped from ABASExMENT OF THE UNITED STATES. 165 the Atlantic ports, arrives at the British West Indies, it is unable, in consequence of the heavy duties with which most of it is burdened, to sustain a competition with British pro- duce freely admitted. The policy of the British Government to obtain possession of our West India trade, by discriminating duties, was developed, within a month after the arrangement made with Mr. McLane. And we have the mortification to behold that gentleman remonstrating against the passage of an act of Parliament designed to promote it. His remon- strance was vain — for the right to remonstrate was abandon- ed by the arrangement. 294. Burdened with a deep offence against the dignity of his country, Mr. Van Buren counted highly, too highly, upon the effect of party discipline, when he ventured to solicit the approbation of the Senate of the United States, to his ap- pointment as minister to any foreign power, and particularly, to that, at whose feet he had abased the nation, and whose favour to party interest he had attempted to gain. Our his- tory abounds with instances of high minded men who have surrendered much of propriety to the exactions of party spirit. But we knew not a single case, before the present, in which, partisans have sought the countenance of foreign nations. How then could Mr. Van Buren expect, that, the Senate of the United States, the special guardian of the na- tional honour, in our foreign relations, should become a party to his humiliating deeds] And yet, it would seem that his es- timate of the influence of that selfit-hncss on which his party was founded, was not loosely made ; since that body was al- most equally divided on the confirmation of his nomination. To the weight of parly he added another bias to the discre- tion of the Senate ; leaving the country before the session, and imposing upon it the responsibility of recalling a minis- ter, at the cost, to the state, of his outfit. This step was purely one of party tactics. It was not called for by any reason of state policy. No negotiation was pending which required the presence of a minister with full powers at the English court. England was represented here, by a Charge d'affaires. We had a diplomatic agent there, of equal grade, and the relations between the two nations might have remained in this equal condition, until the annual meeting of Congress, when the advice of the Senate could have been asked before the public chest had been opened for the outfit, and salary of a minister. But he should have considered the effect of this motive as very doubtful. Many members of Senate 16G ABASEMENT OF THE UNITED STATES. were disposed to deny the right of the Executive to fill vacancies in office which were created hy himself during the recess of the Senate ; and knowing, that party motives pre- vailed over economical ones in the recall of Mr. Barbour and almost all of our foreign ministers in 1829, he should have deemed it possible, that if large sacrifices could be thus made to party, a small one might be made to patriotism. He might also have supposed that the moral effect at home and abroad to be produced by the rejection would far out weigh any small pecuniary saving, or even any advantage which might be derivable from his negotiation. 295. The nomination of Mr. Van Buren was rejected in Senate, upon the ground, distinctly put, that he, the Secre- tary of State, for the United States of America, had shown a manifest disposition to establish a distinction between his country and his party ; to place that party above the country ; to make interest, at a foreign court, for that party, rather than for the country ; to persuade the English ministry, and the English monarch, that, they had an interest in maintaining in the United States the ascendency of the party to which he belonged. Other political sins of the ex-secretary were reviewed at this period, and none w^ere more severely re- proved, than the quarrel he had caused between the Presi- dent and Vice President, the dispersion of the first Cabinet, and the introduction of the odious system of proscription for the exercise of elective franchise into the Government of the United States — a system drawn from the worst period of the Roman Republic, making the offices, honours and dignities of the people, prizes to be won, booty to be gained, at every presidential election; producing contests, that would be in- tolerable, and which must result in inexorable despotism. 296. We know, that General Jackson has assumed the re- sponsibility of the highly objectionable portions of the instruc- tions and averred that, they were dictated by him to Mr. Van Buren. To have done less would have stultified him- self and confirmed the opinion of some of his friends who defend the President on the ground that he had not read the instructions. The President may have dictated them, but it was, as the oracle gives responses, uttering the words that have been supplied to it. But as Mr. Van Buren has a freedom of will, for the use of which he is morally re- sponsible, he cannot escape, by casting his sins upon the President, and his friends betray his cause when they cow- ardly place him behind this flimsy shield. CHAPTER XII. VIEWS OF THE PROTECTIVE SYSTEM. 297. We have had occasion to consider, and, we trust, have established, the constitutionality of the tariff system for the protection of domestic industry. In combatting this system, the southern section of the Atlantic States, abandoning the opinion tJiat it is hostile to the letter of the Constitution, zeal- ously maintained, that it conflicted with its spirit, violating it, by perverting the letter to objects for which it was not de- signed, and inflicted upon them the most grievous evils. 298. Whilst the high revenue w^as requisite to the speedy extinction of the public debt, these evils, fancied or real, were submitted to; impatiently, to be sure, but yet submitted to. But when, by a near extinguishment of the debt, revision of the revenue laws became necessary, the opponents to the pro- tecting system assumed new vigour, and resorted to measures of the most dangerous tendency. 299. All parties v/ere aware, that, with the extinction of the debt, the revenue must be diminished. The people would not bear the extraction, from their pockets, of some ten or tvv^elve millions of dollars, annually, beyond the wants of the Government; and, therefore, not the reduction, but the man- ner of reduction, became the subject of animated contest. The friends of the American System sought this object by the abolition of the duties on imports, which did not rival the manufactures of the United States, whilst they proposed to retain a revenue competent to a liberal prosecution of pub- lic improvements : Its enemies claimed, that, the reduction of duty should, eventually and speedily, fall alike upon all itnports; that the revenue should be closely graduated to the indispensable wants of the Government; and that the system of Internal Improvement, long and ardently cherished by the United States, should be wholly abandoned. 300. So deeply interesting had this subject become, that conventions of the friends of the several parties had been holden long before the assembling of the Congress at which the subject would be discussed, to consult on the means of best promoting their respective causes, and of proclaiming their views to the nation. The friends of free trade, from 167 168 VIEWS OF THE PROTECTIVE SYSTEM. every portion of the Union, assembled at Philadelphia, and those of ihe tariff protection, at New York. The shape in which the question came before Congress, in 1831-2, was, distinctly, whether the Protective System should be, perma- nently, established in the country. Measures promotive of the views of its friends were initiated in both Bouses ; and, finally, a bill, reported by the Committee of Manufactures of the House of Representatives, based on one submitted by the Secretary of the Treasury, whose views upon this subject dif- fered from those of the President, became a law ; making many alterations in the pre-existing tariff, but preserving, distinctly and efficiently, the protecting discrimination. 301. Before we speak of the consequences which flowed from this act, it will be proper, as necessary to the under- standing of the subject, that we give a sketch of the views of the several parties. This will have the interest arising from principles of political economy whicii deeply affect the prosperity of the country. 3U2. The friends of a protective tariff aver, and truly, that, the manufacturing system had been established in the country, had been forced on the northern and middle States, by the restrictions upon commerce, proposed and sustained by the politicians of the South; and that such States struggled long before they were convinced that such system was their true interest : 303. That, availing herself of new discoveries in mechan- ics, and the peculiar advantages of her position. Great Britain, commanding the markets of the world, and adopting a sys- tem of commercial policy not only selfish and monopolizing-, but, avowedly, permanently, unrelentingly, and premedi- tatedly, hostile to the commerce, navigation and manufac- tures of other nations, her rivals and competitors, had suc- ceeded to render them tributary to her industry, and in no small degree dependent upon her power. Of this hostility and dependence, the people of the United States had shared more than the inhabitants of any other portion of the globe: 304. That, measures of protection, against such hostility, became indispensable, and were adopted by the American peo- ple, so soon as they were in condition to enforce them ; and the first effort, that, in favour of the manufacture of ships, was most successful : That the policy of Great Britain, grasp- ing at all the trade of the world, compelled us, in self-defence, to turn our attention to such manufactures as were most in- dispensable to the comforts of life, until, at length, driving VIEWS OF THE PROTECTIVE SYSTEM. 169 US into war, taught us, that domestic manufactures of ail such articles, were among the primary elements of national independence: 305. That, thus impelled, at once, by foreign hostility, and the policy adopted by the South, to resist it, the capital and industry of the northern and middle States were forcibly turned into the channel of domestic manufactures. For the establishment of these, extensive capitals, costly buildings, expensive and complicated machinery, burdensome purchases of land, and of water courses, were indispensable. All of which, in most cases, could be attained, only, through the medium of joint-stock companies, — fev/ individuals having sulficient wealth, being disposed, so, to employ it : 306. That, such establishments were protected by the war of 1812; by the war duties; and by the tariff of April, 1816. But the system of connecting the protection of domestic in- dustry with the revenue on imports, has been developed since the war, and is no other than the development of the facul- ties of the nation in the progress of its own improvement. This system, fully and deliberately revised at three several periods, in 1820, 1824 and 1828, has acquired strength m the opinions of the people. But it has been opposed by that geo- grapical section of the Union, which would derive from it the least advantage, and the opposition has increased with every stage of revision, upon the ground, that the system is uncon- stitutional and unequal. 307. If, indeed, the system be unequal, — if it favour one portion of our common country and oppress another, it should be abandoned, or so modified, as to remove the inequal- ity. But, to abandon it altogether, it would seem necessary to renounce the raising of revenue by impost. For, if it be true, that the duties of impost, are paid, not by the consumer of tiie article, but, by the producer of the article exported to pay for it, the result is the same, whether the impost be for revenue or protection; and it is the wiser policy to raise the revenue requisite for the country by direct taxation. 308. But, the allegation of oppression is unfounded. The citizens of the United States are, of all people, the least bur- dened by taxes. The sum levied by the Federal Government is much less thau two dollars per annum upon each individual person, whilst, in England, the tax is full fifteen dollars the head, to the Government. There is, therefore, but little cause for complaint of onerous taxation in the United States. Never v.'as the country in so prosperous a condition, as during 15 170 VIEWS OF THE PROTECTIVE SYSTEM. the seven years immediate!}- succeeding- the tariff of 1824. 1'he people were out of debt; land rising g-radually but per- manently in value; a ready and steady market for the surplus products of our industry; the face of the country covered with innumerable flocks and herds; our cities expanded; whole villages springing up, as if by enchantment; our ex- ports increased and increasing; our tonnage, tbreign and coast- wise, swelling and fully employed; our interior rivers navi- gated by countless steamboats; the currency sound and abun- dant; the public debt of two wars redeemed; and an over- flowing treasury, embarrassing Congress to discover means to reduce it. — All which is to be ascribed, chiefly, to American legislation fostering American industry. 309. And well may this be; for there is scarce an interest, which the American System does not reach and protect. It comprehends, our coasting tonnage and trade ; from which it excludes foreigners; our foreign tonnage, some few cases ex- cepted by treaty; our fisheries; our mechanics and manufac- turers, whose products amount to hundreds of millions; our sugar and cotton plantations; and our incalculable agricultur- al products. 310. It was further contended, That, the/ree trade desired by the South is visionary, impossible. If all restrictions were expunged from our statute book, we should find the ports of for- eign nations, then, as now, only, qualifiedly, open to us, whilst foreign ships would in our own harbours destroy the trade ot our own vessels : The " Free Trade" contended for, by Great Britain, was acknowledged in Parliament to be no more than an attempt " to get a monopoly of all foreign markets for British manufactures," and was, indignantly, rejected by the manu- facturing nations of Europe: In relation to ourselves, its obvious tendency was, to reduce us to colonial vassalage, in which we should not have power to make even a hobnail : 311. That, the addition, to the duties upon imports which rival domestic manufactures, does not, necessarily, as is al- leged, increase the price. On the contrary, by the excite- ment of competition, at home and abroad, it cheapens the goods in the market. If such competition were not kept up, the British v/ould command the market, and impose extrava- gant prices. In many cases competition has reduced the manufactured article below, or so near the price at which it is made abroad, that the duty, not only, ceases to be a bounty to the home manufacturer, but becomes prohibitory to the for- eic^n article. In such case, the duty serves to protect the do- VIEWS OF THE PROTECTIVE SYSTEM. 171 mestic manufacturer against the injury he might receive by the malicious or accidental introduction of goods, at a price below their cost: 312. That, though the protecting duty may be a bounty to the manufacturer, at the expense of the consumer, this is • true only, whilst the manufacture is in its infancy. But when the duty is judiciously imposed, it soon fosters the manufac- ture into strength; prices fall, and the duty becomes a bounty to the consumer. But suppose the duty a bounty to the man- ufacturer; he is entitled to his turn of protection, which has long been extended to the commerce and agriculture of the nation : 313. That, the protecting duties enable this country to con- sume ten millions of dollars in value of southern products, which the northern manufacturers are enabled to pay for by the employment given to them. That if this market were destroyed, a substitute could not be found, inasmuch, as the goods manufactured from these products abroad, would amount to some thirty millions, for which the North has no exports wherewiih to pay; and as the export of the foreign manufac- turer is pushed to the utmost, he could not find another mar- ket. Consequently, the South would lose the whole, or the greater part, of the advantages derived from the present con- sumption of American manufacturers : 314. That, the import duty is not in effect an export duty; that, though, in some cases, it may, possibly, be assimilated to it, there is this difference ; the export duty attaches itself to the article exported, inseparably, and if it reach an overstock- ed market, the amount of the export duty may be a clear de- duction from the price of the article. But an import duty on the foreign article leaves the exporter of the domestic article free to purchase specie, or goods vendible at home at a profit : 315. That, it is not true, that, the producer pays the import duty, and that, he is in the same condition, as if he gave to the Government, paying a duty of forty per cent, 40 bales of imported merchandise. For, were such the fact, if the duty were 150 per cent, he would not only give to the Government his whole hundred bales, but would pay the value of 50 bales more. But, he sells his hundred bales, and receives for them, not only, their original- cost, but the duty and a profit, upon every cent he may have expended, and gets for his hundred, the value of 170 bales. 316. If then, the producer, as producer, pays not the duty, he pays only, in the character of consumer, and in proportion, 172 VIEWS OF THE PROTECTIVE SYSTEM. only, to his own consumption. Consequently, the duty does not operate upon him, unequally; he pays upon the same principle which affects every other citizen. 317. Nor, is it true, that, the South cannot avail herself of the benefits of a protective tariff; by engaging in the pro- tected manufacture. The southern States abound in water power and in labour; and experience has taught, that the lat- ter may be directed, advantageously, to manutactures. 318. Not only is the price of manufactured goods reduced by competition, but the price of agricultural products is enhanced by the creation of an extensive home market. The foreign market of the northern and middle agricultural States has been destroyed, and consequently all the popula- tion cannot be profitably employed in agricultural labours. JVlanufactures not only subtract, from agriculture, some three hundred thousand labourers, thereby dhiiinishing the supply and increasing the demand for agricultural products, but giv- ing profitable employment to these abstracted labourers, en- ables them to purchase a greater quantity of such product. Without manufactures, the agricultural producers might be increased, but the productions could find no market ; 319. If such be the advantages of the tariff S3'stem, in peace, they are greatly increased in a state of war ; for which sound wisdom requires a constant state of prepa- ration. If we have not within our own country the means of supplying our Vv'ants, a state of war, cutting oft" foreign sup- ply, must subject us to great privation. 320. It is not true, that, the repeal of the protecting duties, and the supply of our wants by foreign manufactures, would increase our exports. In such a case, our consumption, even of cotton goods, would be reduced with the means of pay- ment. And if the cotton manufacturer abroad, had no other market than ours, he could not increase his purchasers. But, our consumption is but a small matter, compared with the amount of foreign production. Tlie manufacturer has many other markets, which he now pushes to the utmost, but can- not enlarge. So long as he can buy from us, cheaper than from others, he will continue ;» customer to the extent of his market. But beyond that, no circumstance can make him a purchaser. 321. The South contend, upon the principle, that, the pro- ducer of the exports is payer of the import duty, that under any system of duties, while the revenue is derived, almost exclusively, from imports, their proportion of the burdens im- VIEWS OF THE PROTECTIVE SYSTEM. 173 posed by federal taxation, will be much greater than it ought to be, according to the principle of the Constitution, which regulates the apportionment of direct taxes. Under these circumstances, they think they have a right to insist, that the aggregate burden of taxation shall be as light as possible, and that not a dollar shall be expended by the Government, that can be avoided by a rigid economy. And upon these principles, they propose to reduce the duties upon imported merchandise, generally, to the revenue standard ; gradually reducing those laid for the protection of manufactures. 322. The imported merchandise, they aver, is divisible into two classes; the unprotected, or such as are, exclusively, produced in foreign countries, as teas, coffee, silks, and wine ; the burden of the duties upon which, is equally distributed over the Union, in proportion to the consumption : The pro- tected consisting of articles partly produced abroad and partly in the United States; such as coiton, woollen, and iron man- ufactures, upon which, they say, that the duty operates un- equally, being adverse to the southern, and propitious to northern, interests, and is not paid in proportion to the con- sumption, and by the consumer, but by the producer. To sub- stantiate this apparent paradox, they reason thus : 323. Foreign manufactures are attainable by purchase, only. They must be purchased by the products of the do- mestic industry of the United States; and, therefore, there can be no possible conflict between foreign and domestic industry in our markets; but, the contest must be, between the do- mestic producer of the article which is exchanged for the foreign manufacture and the domestic manufacturer; — that manufactured goods imported, in exchange for southern pro- duce, are, as truly and exclusively the productions of domestic industry, as they are sacredly the property of the planter ; and being such products, and his property, he is entitled to introduce them for consumption, into the country, upon the same terms that the manufacturer makes them ; free of, or upon equal, duties. That is, as the manufacturer pays no duty upon his products in cotton or woollen cloths, or manu- factured iron, so neither shall the planter pay upon the pro- ducts of his industry, when converted into such cloths or iron. 324. To illustrate this inequality, they put the following case. The cotton planter brings, from Liverpool, to Charles- ton, a cargo of cotton goods, valued at $50,000, in exchange for his cotton and wool. The manufacturer brings to the same port, from Boston, a cargo of cotton goods, of like value. 15* 174 VIEWS OF THE PROTECTIVE SYSTEM. But, the planter pays at the custom house a duty of forty per cent, whilst the manufacturer introduces his goods without payment of a farthing-. The planter, therefore, receives for his importation twenty thousand dollars less than the manu- facturer. This, the planter says, is unequal and burdensome upon him; and the more burdensome, as the money thus levied is not required by the wants of the Government, but is avowedly demanded, to enable the northern manufacturer to exclude from the market of the planter, his cheaper pro- ductions. 325. They further allege, in support of the charge of in- equality, that, one half of the federal revenue is raised by protecting duties levied upon the manufactures for which the cotton, tobacco and rice produced by one-fifth part of the fed- eral population, is exchanged, and that it is equivalent to an export duty upon cotton, tobacco and rice, of the planters; for if the manufactures received for the cotton, tobacco and rice, are as truly the productions of the planters, as the cot- ton, tobacco and rice themselves, it is immaterial to them, whether the duty be levied on the productions of their indus- try in one form or another. 32G. The controversy, then, they say, resolves itself into a competition between the southern planters and northern man- ufacturers, for supplying the market of the United States with certain descriptions of manufactured goods; and the pro- tecting duties inflict injury upon the southern planters, at least equallo the benefit they confer upon the northern manufac- turers; nay, the evil is more grievous, for the duties take employment from a more productive class, and give it to one less productive. Because, if with a protection of forty per cent, the manufacturers can only make their ordinary profits, and if the planters can maintain the competition, even under this enormous discrimhiating duty, it is evident that with a mere revenue duty of 12^ per cent, the planters could sell at much lower prices than the manufacturers, and at the same time realize much higher profits. This, they contend, is a correct view of the case, so far as it regards the interest of the parties, and that the question of their relative rights is not less clear. 327. If it be true, they say, that they have a perfect right to the produce of their industry, in any and every form, and in every place, it is clear, that, in the growth and export of their staples and the exchange for foreign commodities, they do not violate the rights of any other class of citizens, how- VIEWS OF THE PROTECTIVE SYSTEM. 175 ever they may come in conflict with their interests. If then the right be perfect, on what principles of justice, they de- mand,°can the power be claimed to take away their property for the benefit of another] S2S. The manufactures demand protection. But protection against what? Not foreign invasion, but against a fair and equal competition against Southern industry. And extrava- gant protection is required, because foreign manufactures are purchased by the productions of the southern States, flowing from slave labour, which is four times cheaper in the opera- lions of agriculture than the free labour of the northern States, — the day-labourer on a cotton plantation earning not more than 12^ cents per day, whilst the northern labourer has from fifty to an hundred. If the northern manufacturers had to contend against the importations by the agricultural products of the northern States, they would require no pro- tection, for the agriculturists of those States cannot compete in the European markets with European producers, and, there- fore, have no means to buy foreign manufactures. 329. The northern manufacturer, they continue, can have no more right to protection against the industry of the south- ern producer, than the latter can have, to demand, that he may import foreign manufactures free of duty, while an ex- cise duty of tbrty per cent, should be levied upon the manu- factures, which come in competition with his imports. This would be, but the inverse of the existing case, and, if the po- sition of the defenders of the American System be true, this would not be oppressive upon the manufacturer, since, not he, but the consumer, would pay the duty, and it would, thus, be distributed over the United "States. The middle ground, the ground of compromise, therefore, would be, that the imported and domestic manufactures should be alike free from duty or alike burdened. 330. But it is not true, that, the whole duty can be thrown upon the consumer, even where the duties are imposed upon the entire quantity of the taxed commodity consumed in the country. If this be true, it is more obviously and to a great- er extent the case, where the duties are not equally levied upon the entire commodities consumed, but levied upon the smaller portion of the national consumption. This may be illustrated thus: The value of cotton goods manufactured in the United States for sale, may be twenty-four millions, and of those imported, about eight millions, annually. The duty upon the imports may be assumed at fifly per cent; equal t^ 176 VIEWS OF THE PaOTECTIVE SYSTEM. four millions. Now, if the whole duty fall upon the consu- mer, it must be by the enhancement of the price fifty per cent, in the market, where the imported goods have to con- tend with the twenty-four millions of home manufactures. Can this be done ] The answer is different in the North and the South. 331. Nor, is the state of the question, materially or perma- nently, changed, where the return for the exported commod- ities is in specie, which pays no duty. Specie has no fixed value; and its relative value is as dependent upon commer- cial restriction as any other commodity. Thus, if, in unre- stricted trade, one dollar will purchase one yard of cloth, and under restrictions one dollar and a half be requisite for the same purpose, the value of specie as an equivalent for this article, would be degraded. In other words, the exchangeable value of specie, in the United States, would be diminished precisely in the degree that the other articles would be en- hanceld by the restriction and by the consequent importation of specie. For a season, the planter might find it his interest to import specie instead of manufactures, burdened with the duty. This operation would continue, until the relative va- lue of manufactures in England and the United States, as compared with specie, should be so far changed, that it would be more advantageous to the exporter of cotton, to import manufactures, even under the high duties, than to import spe- cie. This chanofe in the relative value of manufactures in the two countries, would be produced by the diminution of the quantity of specie in England, and its accumulation in the United States, and after the distribution and adjustment of the precious metals relative to this state of things should have been effected, the importation of the protected articles would be so extensively resumed as to require further protecting duties. 332. The effect of this change in the value of money is to diminish the exchangeable value of the great staple exports of the South. Their money price in the United States is governed by their money price abroad, and as the latter can- not be increased by the duties upon the imports received in exchange, the money price of these staples will not be great- er in the United States, under a system of protecting duties, than without it. The exchangeable value of these commod- ities, therefore, must be diminished, in the United States, pre- -isely, in the degree that the value of specie is depreciated; Twg compared with other commodities, or as the average price VIEWS OF THE PROTECTIVE SYSTEM. 177 of ail otlier articles is enhanced, by the protecting duties. Hence, it becomes of the utmost importance to the true un- derstanding of this subject, to bear constantly m mind the distinction between the money price and the exchangeable value of the staples as affected by the protecting system. 333. But, suppose the planter receives money tor his cotton, what is his condition"? If he would buy cotton, woollen or iron, and other protected manufactures, he must pay for them, on an average, full forty-five per cent. The burden then is, unalterably, fixed upon the planter, as a producer, for he is compelled either to import these articles himself, in direct ex- change for his cotton, and pay the duties on them out of his own pocket, or to receive money in exchange for his cotton. This money received by him, in England, is worth from for- ty to fitly per cent, more there, than here, for the use to which he would apply it. But, in transferring his purchases to the United States, that advantage is lost in the duties which he must pay. Still it is his interest to import, so long as tobac- co, cotton or rice, is produced for exportation. When the tariff of 1828 was passed, it was supposed to be prohibitory to articles subject to the higher rate of duty. It was, tem- porarily, so, for many articles. But v/hcn the distribution of the precious metals or their substitutes became adjusted to the new state of things, importations w-ere freely resumed, and as large an amount of protected articles cam.e in, at an ave- rage of nearly fifty per cent., as had come in before, at the lower rates of the former tariff. 3^34. In whatever degree the increased price of protected articles arises from the depreciation in the value of money, all other commodities in the same commercial community will experience a corresponding increase of price. Hence, tlie northern farmers and labourers are less oppressed by the protecting system, than the people of the southern States, other than the planters. Whatever increases the profits of the leading employments of capital, in any community, in- creases the profits of subordinate employments and the wages of labour ; Where the transfer of capital and labour from one employment to another, is easily effected, there cannot long continue different rates of profit and wages of labour. For if the protecting duties by the enhancement of price re- duce the value of money, in whatever degree that takes place, in the same degree all other articles in the same re- gion of country are enhanced also. While, therefore, the price of manufactures is increased forty or fifty per cent, by 178 VIEWS OF THE PROTECTIVE SYSTEM. the protecting- duties, the price of all farming productions is probably increased twenty-five or thirty per cent. The bur- den upon the northern consumers, therefore, is only the differ- ence between the price of the protected and the unprotected productions of that part of the Union. 335. For the same reason, that the prosperity of the great manufacturing interests of the North produces a correspond- ing prosperity in the other classes there, the depressed condi- tion of the southern planters must produce a corresponding depression, in all subordinate departments of southern indus- try. The protecting duties have a double operation upon them. They, at the same time, diminish the price of their great staples and increase the price of all the articles thej have occasion to purchase, from other parts of the Union. Nor can they relieve themselves by entering upon the pro- tected pursuits. Their population is not adapted to manufac- tures, nor can the population be removed to the mamafactur- ing region. 336. The result of the whole, the southern statesmen sum up thus: "The annual product of the three great staples of the South, consumed both abroad and at home, amounts to at least 40 millions of dollars. The effect of the protecting system, is to depress the exchangeable value of this whole amount of production, as compared both with the manufac- tures of the North and with foreign manufactures, in the ex- act degree that it enliances the price of those manufactures. In other words, upon all the exchanges of the planters at, home and abroad, they pay an average of forty per cent, more for what they purchase, while the price of their staples is not at all increased; and this unequal state of their exchano-es is exclusively produced by tlie protecting duties." "It is an annual legislative draft upon the productive industry of the planting States, in favour of the manufacturing States, for between ten and fifteen millions of dollars, signed by the pre- siding officers of the two Houses of Congress, and counter- signed by the President of the United States." 337. The inequality of this taxation is rendered more bur- densome by the place of the expenditure of the revenue. If taxes be spent in the districts within which they are raised the burden may be easily borne; because, the operation is not to diminish the quantum of wealth, but to transfer it from one clasfs to another. In a small country, like England, the transfer of the revenue from the place of collection to the place of expenditure, is scarceiv felt. The burdens and the VIEWS OF THE PROTECTIVE SYSTEM. 179 benefits are so equally distributed, that the one almost coun- terbalances the other. But in the United States, it is tlie re- verse. In South Carolina and Georgia, States which con- tribute nearly three times their proper quotas of taxes, amounting to upwards of five millions, there have not been annually expended ,*$ 100,000 for the last ten years, x^lmost the whole of a revenue of twenty-four millions is distributed north of the Potomac, principally, among the manufacturing States, adding additional stimulus to their industry, already too highly stimulated by the enormous bounties of the pro- tecting system, 338. The effect of the system on the South, is said to be most desolating. It has caused the entire destruction of its navigation; broken the merchants and mechanics; thrown commerce into the hands of foreigners, who bear off their profits to more favoured lands ; real estate is falling in price, in the cities; in the country, the fields are abandoned, the hospitable mansions are deserted; agriculture droops; the slaves, as their masters, work harder, and fare worse ; and the planter, whose earnest efforts have failed to avert his ruin, is driven from the scenes of his childhood and the bones of his fathers, to seek in the wilderness the reward of his industry. 339. It cannot be doubted, we think, that in both these expositions there is exaggeration. The protecting system is, certainly, among the efficient causes of the prosperity of the country, but, greater effect is ascribed to it, than it really produces. Were the duties diminished, the manufactures of the country might still be profitably sustained; but if the du- ties be wholly abrogated, many valuable branches of national industry must be destroyed. The evil operation of the pro- tective system upon the South, is misrepresented, in degree as in kind. If increased population, and increased produc- tion of profitable staples, be evidence of prosperity, and cer- tainly there can be none higher, the South must be in a pros- perous condition. That region, including South Carolina, Georgia, Tennessee, Alabama, Mississippi, and Louisiana, has increased, in population, vv'ithin ten years, from 1820 to 1830, under the tariflT system, nearly fifty per cent., and its cotton product, alone, has grown one-half in value, and two- fiflhs in quantity, and this article furnishes more than one-half of our domestic exports. During the latter portion of that period. South Carolina may have been less prosperous than in the former. The greatly increased production of cotton, reducing price, and the new lands of other States rendering 180 VIEWS OF THE FROTECTIVE SYSTEM. the culture there more profitable, must have much affected her interest in the market, and whilst she suffered from the general causes for depression of prices throughout the world, these causes have been peculiar to herself. 340. We do not think the South has been much injured by the tariff system; but if she have, it has not been in the ways which have been averred. It has iK)t had the effect to contract the market for her staples, nor to compel her, as the producer, to pay the duty. But she has been forced to pay higher for n^any articles of her consumption, without the advantages which make the system desirable, elsewhere. In considering this case, we must look at it under the regular and ordinary state of trade, when the demand and supply are duly apportioned; not when these relations are disturbed, by over production, whether in raw material or the manufac- ture, or by political or commercial convulsions. In the healthy state of trade, the grower of cotton, tobacco and rice, is enabled to export his products, and to import goods in re- turn, more advantageously, generally, than lie can import specie. If he import the latter, however, he does not import a degraded commodity. Specie can be depreciated, in a com- mercial country, only, when her balance of trade is against the world, and then not for a long period, because the depre- ciation will make it an exportable commodity, liut deprecia- tion of specie, can never be caused by a trade Vv'ith a nation, as with Great Britain, where the balance ifi, constantly, mil- lions against us. When the producer imports goods, how- ever, he is burdened with a heavy duty, and so far as he con- sumes the goods himself, he becomes the actual and ultimate payer of such duty; but if he sell them, the usual case, the consumer pays the duty, in the price, consisting of cost, charges and profits; and no portion of the duty is paid by the producer or exporter. The planter is rarely the exporter or importer. His trade is limited to a sale, for money, to the merchant, and in this way he avoids much of the risk of loss which may flow from causes disturbing the general course of trade. He buys with his cash, the supplies for his plantation, and if in these there be any protected articles, he pays the duty. Of these articles, in proportion to its numerical population, the South consumes less than the North and West, and is, therefore, in proportion to its wealth, less heavily taxed. The master, to be sure, pays for his slaves, and, individually, pays more than the northern farmer; but let the master and slaves pay per capituTTif and the northern man pays at least double the tax VIEWS OF THE PROTECTIVE SYSTEM. 181 of the southern one. But the condition of the southern man differs from that of the northern man in this, that to the former, the burden of taxation, whatever it may be, brings no com- pensating influence, whilst to the latter, the burden provides ths means to sustain it. 341. Hence, it is apparent, the interests of the northern and southern portions of our country conflict, in some measure, with each other, and that the South has some, but we cannot think very grievous, cause of complaint, and none which is not compensated by the general benefits of the Union. Con- Bidered as part of a great whole, she suffers from an inequality which is common to every community. It is impossible to devise any system of taxation which shall not operate, more or less, unequally, and she should not, therefore, complain, that like others, enjoying the benefits of society, she pays a portion of the price. But, if she take the selfish position, that nothing is to be given up, to the Union, and that a state of national polity, producing temporary, local, partial inconve- nience, is cause for adverse, sectional organization, she may, indeed, find in the tariff" system, motives to resistance, which one foreign State has to resist another. This is a view, how- ever, which the patriotism and good sense of the greater por- tion of the South has, happily, rejected. 16 CHAPTER XIII. NULLIFICATION AND FROCLAMATION. 342. When the near extinction o the public debt brought up the tariff system tor consideration, in 1832, the champions of the South, headed by Mr. Hayne in the Senate, and Mr. McDuffie in the House of Representatives, ably and zealously exposed and amplijicd their grievances, and required of the Norih and West, not only, the reduction of the taxes which the extinguishment of the debt authorized, but the reduction of the protective duties, also, to the revenue standard. The demand was resisted, by Mr. Clay and his compeers in the Senate, and Mr. John Q. Adams and his associates in the House, with triumphant success, by the passage of the bill, the principle of which we have stated. 343. In the sufferings of the South, South Carolina was the greatest sufferer, or, at least, the loudest complainant, and most active agitator. Her reason and her eloquence were powerless to induce three-fourths of the Union to surrender their interests, to the promotion of the wishes of the other fourth, and in casting about for a remedy, her ingenious re- presentatives struck out one of a novel and most disorganizing character, to which they threatened, in 1831, to resort; unless their alleged grievances should be redressed, in the adjust- ment of the revenue to the wants of the Government. The nature of this remedy underwent a thorough discussion in the Senate of the United States, upon some resolution offered by Mr. Foot, relative to the public lands; and we shall give here a concise view of its character. 344. There exists in all political associations, an indefeasi- ble right, among their constituents, to resist all acts which are plainly against the principles of the association, and too oppressive to be endured. This is the sacred right of insur- rection, to be resorted to as medicinal, in extreme cases only. When, in the year 1798, the passage of the alien and sedi- tion laws alarmed the democratic party, for the safety of the Constitution of the United States, the individual States were disposed to look into their powers, to ascertain the means they possessed, of resisting encroachments. Some resolu- tions, prepared by Mr. Jefferson for the Kentucky Legisla- 182 NULLIFICATION AND PROCLAMATION. 183 tare, were adopted by that body, and others of like character, prepared by Mr. Madison, were approved by the Assembly of Virginia, in which these subjects were considered. The Kentucky resolutions asserted, hypothetically, but without in- tention to apply them to the existing case, the following prin- ciples: In case of acts being passed by Congress "so palpably against the Constitution, as to amount to an undisguised de- claration, that the compact is not meant to he the measure of the poicers of the General Government, but, that, it will proceed to exercise over the States all poioers whatsoever, it would be the duty of the States to declare the acts void, and of no force, and that each should take measures of its own, for providing, that neither such acts, nor any other of the General Government, not plainly and intentionally author- ized by the Constitution, shall be exercised within their re- spective territories." The case thus put is obviously one of great extremity, in which tlie ob]igation to maintain the Union would be dis- solved, and the remedy would be a forcible dissolution of the compact. Yet, upon such hypothetical case, the southern jurists have built up a doctrine, which teaches the right to nullify the laws of the United States, as a peaceable and constitutional remedy, whenever a State shall deem them umoarr ant able. They say : I. 345. That, the General Government, emanated from the people of the several States, forming distinct political communi- ties and acting in their separate and sovereign capacities, and not from all the people, forming one aggregate political com- munity ; that the Constitution of the United States is a com- pact, to which each State is a party, in the character above described; that the States have a right to judge of its infrac- tions, and, in cases of deliberate, palpable and dangerous ex- ercise of power not delegated, may, in the last resort, inter- pose for arresting the progress of the evil, and for main- taining loithin their respective limits, the authorities, rights and liberties appertaining to them, which right is the funda- mental principle of our system : II. That, the doctrine which denies to the States the right of protecting their reserved powers, and vests in the General Government (it matters not through what department) the right of determining, exclusively and finally, the powers del- egated to it, is incompatible with the sovereignty of the States 184 xN'ULLIFICATION AND PROCLAMATION. and of the Constitution itself, considered as the basis of a Federal Union: III. That, to give to the General Government the final and exclusive right to judge of its powers is to make its discretion, and not the Constitution, the measure of its powers; and that, in all cases of compact, between parties having no com- mon judge, each party has an equal right to judge for itself, as well of the operation, as of the mode and measure of re- dress: IV. That, should the General Government and a State come into conflict, the power, which called the General Gov- ernment into existence, which gave it all of its authority, which can enlarge, contract or abolish its powers, may be in- voked. The States themselves may be appealed to ; three- lourths of which, in fact, form a power whose decrees are in the Constitution, itself: v. That, the powers of the Supreme Court of the United States are judicial, not political ; and are, expressly, confined by the Constitution, "to all cases in law and eq\iity arising under the Constitution, the laws of the United States, and the treaties made, or which shall be made, under its author- ity;" and which exclude political questions and comprehend those only where there are parties amenable to the process of the Court. Nor is its incompetency less clear, than its want of constitutional authority. There may be many, and the most dangerous infractions on the part of Congress, of which, it is conceded by all, the Court as a judicial tribunal cannot, from its nature, take cognizance. VI. But, supposing it competent to take cognizance of in- fractions of every description, it cannot be safely entrusted with the power. Power to protect can be, safely, confided only to those interested in protecting, or to their responsible agents. The danger, in our system, is, that, the General Government may encroach upon the States, or the States on the General Government. The Government, through all its departments, is administered by delegated agents, responsi- ble to the high controlling power which impels every move- ment of the machine : That power is the majority compound- ed of the majority of the States taken as corporate bodies, and the majority of the people of the States, estimated in federal numbers. The majority of the States elect the ma- jority of the Senate; of the people of the States, that of the House of Representatives; the two united, the President; and the President and a majority of the Senate appoint the NULLIFICATION AND PROCLAMATION. 185 judges ; a majority of whom, of the Senate and the House, with the President, really exercise all the powers of the Gov- ernment, save where the Constitution requires a greater num- ber than a majority. Thus, the judges are as truly the repre- sentatives of this united majority, as the majority of Con- gress itself or the President, is its legislative or executive representative. To confide the power, therefore, to the judges, to determine, finally, and conclusively, what powers are delegated and what reserved, is to confide it to the major- ity, whose agents they are and by whom they may be con- trolled in various ways. Nor will the tenure by which they hold their ofiices, materially, vary the case; its highest pos- sible efl^ect would be to retard and not finally to resist the will of a dominant majority: VII. That, the Government is not one of majorities. The Constitution is the law of the Government, as the law is the rule of individuals; and this principle is as true, where the Government is administered by a majority as by an individual. The right of the Government is derived, only, from the assent of the governed. Where the interests of the people are homogenous, it may be wise to place them under the conti'ol of a majority, but where they are dissimilar, whether from difference of climate, soil, situation, industry or production, they must be protected, by constitutional provisions. In the United States, these interests are very diverse. To preserve them, a plan was devised suited to our situation, but novel in its character. The powers of Government were divided, not as heretofore, in reference to classes of the people, but, geo- graphically. One General Government was formed for tlie whole, with all the povi'ers supposed necessary to regulate the interests common to all the States, leaving all others to the control of the States, respectively; being such as could not be subjected to the will of the majority of the whole Union without the certain hazard of injustice and oppression. This distribution of power, settled solemnly by constitutional compact, to which all the States are parties, constitutes the peculiar character and excellence of our political system. To preserve this distribution, by coercing each political body to move in its prescribed orbit, is the great and difficult pro- blem, on the solution of which, the duration of our Constitu- tion, and in all probability, our liberty depends: How is this to be effected? Whenever separate and dissimilar interests have been separately represented in anv Government; whenever the 16* 186 NULLIFICATION AND rROCLAJIATION. sovereign power has been divided in its exercise, the experi- ence and wisdom of ages have devised but one mode by which such political organization can be preserved ; that is, to give to each co-estate the right to judge of its powers, with a nega- tive or veto on the acts of the others; a principle recognized in all our Constitutions, in the distribution of power among their respective departments, as essential to the independence of each, but far more essential, for the same object, in the great and fundamental distribution of powers between the States and the General Government, ^o essential is this principle, that to withhold the right from either, where the sovereign power is divided, is in fact, to annul the division and to consolidate in the one left in the exclusive possession of the right, all of the powers of the Government, for, it is not possible to distinguisii, practically, between a Government having all power, and one having the right to take what pow- er it pleases. These views are thus summed up, in the proclamation of Governor Hayne: "The Constitution of the United States is a compact between sovereign States — it creates a confeder- a.ted republic, not having a single feature of nationality in its foundation — the people of the several States, as distinct politi- cal communities, ratified the Constitution, each State acting for itself, and binding its own citizens, and not those of any other State, the act of ratification declarinsf it to be binding" upon the States so ratifying — the States are its authors; their power created it — their voice clothed it with authority — the Government which it formed, is composed of their agents, and the union of which it is the bond, is a union of States, and not of individuals — that, as regards the foundation and extent of its power, the Government of the United States is, strictly, what its name implies, a Federal Government — that the States are as sovereign now, as they were prior to the enter- ing into the compact — that the Federal Constitution is a con- federation in the nature of a treaty — or an alliance, by which so many sovereign States agreed to exercise their sovereign powers conjointly, upon certain objects of external concern, in which they are equally interested, such as war, peace, COMMERCE, FOREIGN NEGOTIATION, AND INDIAN TRADE; and upon all other subjects of civil government, they were to ex- ercise their sovereignty separately.^'' " For the convenient conjoint exercise of the sovereignty of the State, there must be, of necessity, some common agency or functionary. This agency is the Federal Government. It NULLIFICATION AND PROCLAMATION. 187 represents the confederated States, and executes their joint will, as expressed in the compact. The powers of this Gov- ernment are wholly derivative. It possesses no more in- herent sovereignty than an incorporated town, or any other great incorporate body — it is a political corporation, and, like all corporations, it looks for its powers to an exterior source. That source is the States." VIII. And, if in the exercise of the unquestionable right of the State to nullify such laws of the General Government, that Government proceed to enforce them, the Slate is justi- fiable in dissolving the Union. 346. This extraordinary power, so pregnant with disunion, so incompatible with all the conservative principles of the General Government, rests on the alleged undivided sove- reignty of the States, and upon the position that in this sove- reign capacity they formed a league in the Constitution. Both these grounds are erroneous. I. The Constitution of the United States forms a Govern- ment — not a league — a political association of one people, and not the union of distinct communities. So far from be- ing the cjeature of the States, many of the States, certainly, if not all, have been created by the General Government. Such is unquestionably the case with all that have been formed since the declaration of independence, and those at that time m existence may be fairly deemed to owe their in- dependence to that declaration, made by the people of the United Colonies. In the formation of the Constitution, the PEOPLE executed their will, through the agency of the State IjCgislatures, in electing the framers of the compact, and through the agency of separate conventions, in ratifying its provisions. That there might be no doubt of this important fact, they have, in the first article of that instrument, de- clared, that, WE, the people of the United States, in order to forrri a more perfect union, have established this Consti- tution ; and, consistently with this declaration, many of the most important functions under the Constitution are fulfilled by the people, as by one people. We are one people in the choice of President and Vice President. The choice is not determined by a sense of the majority of States, but by the sense of the majority of the people of all the States ; and a ma- jority of the States may support a candidate who is rejected by a majority of the People. The House of Representatives is, emphatically, the representation of the people of the United States, not' of particular States The members are ap- 188 NULLIFICATION AND PROCLAMATION. pointed, it is true, in some instances, by a State vote, in others by a district vote, but this no more makes them exclusive repre- sentatives of States or districts, than the members of the State Legislatures, elected by the respective counties, are exclusively the represents tives of such counties. In both cases, the mem- ber is the representative of the great body politic, selected from a constituent portion. The representative in Congress is not accountable to a State for the performance of his legislative functions; and though, in practice, he may, as his duty, pre- fer the interests of his particular constituents, when conflict- ing with other partial or local interests, yet it is his first and highest interest, as representative of the United States, to promote the general good. II. The Government of the United States is one in which all the people are represented; one whicn acts upon the peo- ple, individually, and not upon the States. The States, re- taining such powers as they have not granted, have expressly given such as were requisite to constitute, jointly with other States, a single nation. Having so done, no State can se- cede, because she would thereby not break a league, but de- Btrov the unity of a nation. To say that, a State, may, at pleasure, secede from the Union, is to say, that, the United States are not a nation ; because it would be a solecism to contend, that, any part of a nation may dissolve its connec- tion with the other parts, to their injury or ruin, without com- mitting offence. Secession, like any other revolutionary act, may be, morally, justified by the extremity of oppression ; but it is a confounding of terms to call it a constitutional right, and can be done, only, in great error, or with a view to de- ceive. III. That the Union is formed by compact, affords no rea- son that any of the parties may destroy it. On the contrary, it is, because it is a compact, a binding obligation, that they cannot depart from it. A compact may, or may not, have a sanction or penalty for its breach. If it have none, it may be broken with no other consequence than moral guilt; if it have a sanction, the breach incurs the penalty expressed or implied. A league between independent nations, generally, has only a moral sanction ; or if there be other, there is no common superior to enforce it. A Government always has a sanction, express or implied, and in our case has both. An attempt, by force of arms, to destroy it, is an offence against which the Government has, by the law of self-defence, au- thority to provide, by the punishment of the offender, subject, NULLIFICATION AND PROCLAMATION. 189 of course, to the restraints of the Constitution. In our sys- tem, although the power is modified in the case of treason, yet authority is expressly given to pass all laws necessary to carry its powers into effect, and provision has been made for punishing- acts which obstruct the administration of the laws. IV. The States, severally, have not retained their entire sovereignty; but have surrendered many of its essential parts. The right to make treaties — declare war — levy taxes — exer- cise exclusive judicial and legislative powers, were all essen- tial parts of sovereignty ; but for these important purposes the States, individually, are no longer sovereign. The alle- giance of their citizens was due, in the first instance, to the (Government of the United States; they became American citizens and vowed obedience to the Constitution, and laws of the United States, njade in conformity with the powers vested in Congress. How then can a State be sovereign and independent, whose citizens owe obedience to laws not made by it, and whose magistrates are sworn to disregard such Jaws, when tiiey conflict with those passed by another? V. But it is vain to say, that, the Constitution of the United States, and the treaties and laws made under it, are the su- preme lav/ of the land, and that, the Judges in every State shall be bound thereby, any tiling in the Constitution or law of any State, to the contrary notwithstanding, if an indi- vidual State may, at pleasure, annul those laws. If by the expression of its will, one State may annul the laws, there is scarce a law which would be preserved; for, it is scarce prac- ticable to make a law equally acceptable to every State. Had this doctrine 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 laws in the eastern States, the carriage tax in Virginia, were all deemed unconstitutional, and were more unequal in their operation, than the laws now complained of; but, fortunately, none of these States discovered, that, they had the right to annul them. Had such been the case, the war into which we were forced, to support the dignity and rights of the nation, might have ended in defeat and disgrace, if the States which sup- posed it ruinous and unconstitutional, had chosen to annul the law by which it was declared, and to deny the supplies for its prosecution. VI. But what if the Government of the United States pass laws v.'hich are unconstitutional, or intolerably oppressive, is tliere no tribunal to which an appeal may be made 1 Cer- 190 NULLIFICATION AND PROCLAMATION. tainly; the Constitution has provided two, to pass upon the constitutionality of laws, and two to remedy every species of oppression. VII. To the Supreme Court it belongs, to pass upon the constitutionality of every act of the General Government, which can, by judicial forms, be brought before it. By the Constitution, " the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, and which shall be made, under their authority; and such power shall be vested in one vSupreme Court, and in such inferior Courts, as Con- gress may, from time to time, ordain and establish." These provisions are explicit and full. They make the Supreme Court of the United States the umpire in all such cases, in the last resort. And it may be justly retorted, that the doc- trine which denies to the General Government the right of protecting its powers, and vests in the States, respectively, the right to determine the powers delegated to it, is incom- patible with the sovereignty of the United States. VIII. But, there may be cases of legislative and executive character, to which the powers of the judiciary do not reach. Such is that presented by the tariff laws. In form, they are, unquestionably, constitutional, and if they be otherwise it is from their motive. All admit, that Contrress have the riffht to levy miposts, but it is denied, that they have the right to levy them, for the protection of manufactures. For such cases, for cases of legislative oppression, and for cases of pre- meditated abuse of power, by all departments of the General Government, the Constitution has provided appropriate reme- dies. In the first place, the people, by the exercise of the elec- tive franchise, may check and remedy any or all of these evils — removing the legislature and the executive — and in case the judges have entered into any corrupt conspiracy, may re- move them by impeachment. A reformed Congress would repeal all laws, which prove oppressive or are adverse to the Constitution. Besides this, there is, yet, another remedy, in the povv'er of amendment to the Constitution, given in that instrument, by which three-fourths of the States may alter its provisions. And lastly, when all these constitutional modes have been tried in vain, is the appeal to the ultima ratio, the physical power of the people — sacred insurrection. IX. The Government is a government of the majority, ac- cording to the principles which have been established by its KULLIFICATION AND PROCLAMATION. 191 Constitution. Upon interests embraced by that instrument, no section of the United States, can have a right to array it- self upon its geographical position, its climate, or special pro- ducts, and declare that, its interests are adverse to those of other portions of the Union, and that, therefore, it may annul, tor itself, the general laws. It is bound by the will of the majority; and though it is, certainly, possible, that, the interests and the will of that majority may beoppugnanttothose of the minority, the latter must submit. It is tiie case of every popular government. The municipal laws which dis- pose of the properties and lives of the citizens are frequently enacted by small majorities. Such was the case, in the de- claration of our independence, where the minority was large, and respectable for probity and wealth ; in the formation of the Constitution of the United States, in the General Con- vention, and its adoption by the several State Conventions ; and in several of the most important laws enacted by the General Government. It is possible this power may be abused; but abuse is incident to all power; and we cannot trust to that reasoning, which argues the non-existence of power from its possible abuse. X. Let us look, for a moment, to the consequences which flow, necessarily, from the adverse doctrine. There are now twenty-four States, and each may, in its sovereign capacity, decide for itself, in the last resort, what is the true construc- tion of the Constitution ; what are its powers, and what the obligation founded upon it. We may then have twenty-four honest, but difierent, expositions of every power and every obligation involved in it. What one State may deny, another may assert; what one may assert at one time, it may deny, at another. This is not hypothesis, but history. No constitu- tional question has been agitated, on which different States, expressing opinions, have not expressed different opinions; and there have been, and must be, from the mutable nature of legislative bodies, cases in which the same State, expresses different opinions. At one period, Massachusetts deemed the embargo of 1807 unconstitutional ; at another, constitutional. In 1810, Virginia held, that, the Supreme Court was the com- mon arbiter ; in 1S29, she repudiated this doctrine. At the very moment, that South Carolina was preparing to demon- strate, by force of arms, the unconstitutionality of the Amer- ican System, Pennsylvania expressed, in the strongest man- ner, her conviction, not only of its legality and expediency, but her fixed resolution to mahitain it: And, it is even now 192 NULLIFICATION AND PROCLAMATION. liiglily possible, that this latter State, through the influence of party, may yet give us resolutions altogether of adverse character. 347. What then is to become of the Constitution, if its powers are to be thus, perpetually, subject to the variant con- struction of twenty-four tribunals.' What exposition shall be deemed authoritative ] Are the oppugnant constructions of the States to be obligatory within their respective territories] If so, the same Constitution would at no time be operative upon the whole people of the United States. Is the power, doubted or denied, by a State, to be suspended, wholly, or in that State, only 3 In either case, the Constitution, as a system, is destroyed. Is not the power in a State to nullify the laws, far more dangerous and mischievous than tlie power granted by- all the States to the Judiciary to construe the Constitution ] If Congress declare war, shall one State have power to sus- pend it? If Congress make peace, shall one State have pow- er to prolong the war! Yet such must be the inevitable con- sequences, if every State may, for itself, judge of its obliga- tions under the Constitution. It is obvious, therefore, that nullification is revolution, is disunion, — is the efficient and direct mean for the destruction of national character and prosperity, — and that, its prosecution, m.ust break up the country into hostile geographical sections, nay, must array al- most every State against the others, and reduce us to the condition of the Ishmaelite, whose hand is against every man, and every man's hand against him; or, to the still worse con- dition of our southern neighbours, the late Spanish colonies, when all rules for the preservation of property, freedom and life, were at the mercy of selfish partisans. 348. Notwithstanding these conclusions, which seem so obvious and so inevitable, so obnoxious were the tariff laws, and so deep and exciting the delusion relating to them, in South Carolina, that a State Convention, authorized by the State Legislature, by a very inconsiderable majority, was em- powered to consider of the case, and to mature and apply the remedy of nullification. That Convention passed an ordi- nance, declaring, in effect, that, the laws imposing duties upon imposts, and more especially the acts of May 1828 and July 1832, are unauthorized by the Constitution, void, and not binding upon the citizens or officers of that State : That it was unlawful for any of the constituted authorities of that State, or of the United States, to enforce the payment of the duties imposed by these acts, within the State; and. NULLIFICATION AND PROCLAMATION. 193 that, the Legislature should pass such laws as were neces- sary to give full effect to the ordinance : That in no case, de- cided in the Courts of the State, wherein shall he drawn into question the validity of the ordinance, the acts of the Legis- lature designed to give it effect, or the said laws of the United States, should an appeal be allowed to the Supreme Court of the United States, or any copy of the record be permitted or allowed for that purpose; and, that, any person attempting to take such appeal, should be punished, as for contempt of court: And finally, that the people of South Carolina would maintain the ordinance at every hazard, and would consider any act of Congress authorizing the employment of a military force against the State, or abolishing or closing the ports of the State, or otherwise obstructing the free ingress or egress of vessels, or any other act of the Federal Government, to coerce the State, shut up her ports, embarrass or destroy her com- merce, or to enforce the said acts, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union ; and that, the people of the State would, thenceforth, hold themselves ab- solved from all further obligation, to maintain their political connection with the people of the other States, and would forthwith proceed to organize a separate Government. 349. The Convention also proposed an appeal to a Conven- tion of the States, as autiiorized by the Constitution, and ex- pressed the willingness of the State to submit the controversy to that tribunal; and subsequently the State Legislature passed a resolution demanding the call of such Convention. 350. The President of the U. States has never, we belie-ve, professed the ultra doctrines of the southern politicians in re- lation to State rights, but he can scarce be acquitted of hav- ing encouraged their proceedings, by the ready ear which he lent to their complaints, and the sympathy which he expressed for their interests. The speech of Mr. Hayne against Mr. Webster's exposition of the character of the Constitution, had been, if not adopted by the party, as an exposition of its faith, lauded to the echo, printed on satin, and enshrined in gold; yet that speech contained all the doctrines, almost the words, of the proclamation with which the same gentleman defied the General Government. In the message to Congress, of Dec. 4th, 1832, the President discountenanced, utterly, the whole American System, repu- diating every idea of duties for the protection of domestic in- dustry, and the reservation of funds for internal improve- ^ 17 134 NULLIFICATION AND PROCLAMATION. ments. " The soundest maxims of public policy," he said, " and the principles upon which our republican institutions are founded, recommend a proper adaptation of the revenue to the expenditure; and they also require, that the expendi- ture shall be limited, to what, by an economical administra- tion, shall be deemed consistent with the simplicity of the Government, and necessary to an efficient public service." " Experience, our best guide, upon this, as upon other sub- jects, makes it doubtful, whether the advantages of this sys- tem, (the protective) are not counterbalanced by many evils; and whether it does not tend to beget, in the mind of a large portion of our countrymen, a spirit of discontent and jealousy, dangerous to the stability of the Union." " But those who vested their capital in manufacturing establishments, cannot expect that the people will continue, permanently, to pay high taxes for their benefit, when the money is not required for any legitimate purpose, in the administration of gov- ernment. Is it not enough, that the high duties have been paid, as long as the money arising from them could be ap- plied to the common benefit, in the extinguishment of the public debt! Those who take an enlarged view, of the^con- dition of our country, must be satisfied that, the policy of pro- tection must be ultimately limited to those articles of domestic manufacture which are indispensable to our safety, in time of war." This last is a point to which, though by covert ^ways, the President had been continually approaching. True, he says, " Large interests have grown up under the implied pledge of our national legislation, which it would seem the violation of public faith, suddenly, to abandon." But, Jie adds, clearly in propitiation of the South, " Noth- ing could justify it, but the public safety, which is the su- preme law." 351. We protest, most earnestly, against the doctrines of the President, in the foregoing extracts. The reduction of taxes consequent on the payment of the public debt, does not involve, necessarily, the abolition of protecting duties. For, in the production of the sum requisite to a wise, economical, yet liberal support of the functions of the Government, the high duties upon the imports rivaling our own productions, may well be continued, so long as the for- eign manufacture may compete with them. If the protected articles be of general consumption, there could be no objec- tion to raise the whole revenue of the Government upon them; the tax would be equal. Perhaps the consumption may be somewhat unequal ; but the greatest inequality pre- Nt;l.LIFICATION AND PROCLAMATION. 195 vails, in the region where the articles are produced, and those who have the benefit of the protection pay the duty. But in truth, the consumption of few articles is more general, than those protected by the tariff. Coarse cottons, woollens and iron, are used every where, and therefore no inequality can subsist in the payment of the tax raised upon them. No * one pays, save him who use, the goods, and only in proportion 10 his consumption. 352. Whatever may have been the sympathy of the Presi- dent for sufferings of the South, it was impossible, without virtual treason to his high place and the Union, that he could permit the doctrines and proceedings of the South Carolina disunionists to pass without reproof and restraint. He issued his proclamation, therefore, dated 10th December, 1832, writ- ten, as is understood, by Mr. Livingston, Secretary of State, in which, taking, substantially, the grounds we have stated, in support of the authority of the United States, he announced his intention to enforce the laws — awakening the political enthusiasts, if not to a sense of the treasonable nature of their designs, to a conviction of the horrors which must at- tend their execution, — and assuring them, that, however, on a one sided, theoretic, view, nullification might seem a peace- able remedy, it was, in practice, disunion aqd civil war. This course of the President was required by the voice, of the country, of twenty-three States; and though, it may not be doubted, that he would, under other circumstances, have per- formed his duty, that performance was now imperatively com- manded, and inevitable. Addressing the inhabitants of S. Carolina, he exclaimed, " I adjure you, as you honour their memory, [of their ancestors] — as you love the cause of freedom, to which they 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 disorganizing edict of its Convention— bid its members to reassemble, and promulgate the decided expressions of your will to remain in the path which alone can conduct you to safety, prosperity and honour — tell them, that, compared to disunion, 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 dishonoured and scorned while you live, as the authors of the first attack on the Constitution of your country ! Its destroyers, you can- 196 NULLIFICATION AND PROCLAMATION. not be. You may disturb its peace — you may interrupt the course of its prosperity — you may cloud its reputation of sta- bility — but its tranquillity will be restored, its prosperity will return, and the stain upon its national character will be trans- ferred, and remain an eternal blot on the memory of those who caused the disorder." 353. This gentle and proper attempt to stay the wayward and dang-erous career of the State, was unavailing. JBy in- structions from the Legislature, its Governor, on the 20th De- cember, 1832, issued a counter-proclamation, " warning the good people of the State, against the attempt of the President of the United States, to seduce them from their allegiance, exhorting them to disregard his vain menaces, and to be pre- pared to sustain the dignity and protect the liberty of the State, against the arbitrary measures of the President." This service was performed by Governor Hayne, with all the earnestness and sincerity which has marked his coarse in this unhappy aflair, and the ability which distinguishes him. In its exe- cution, however, very little matter of new interest was evol- ved. The State was formally arrayed against the United States, and the occasion, which might soon present itself^ was alone wanting, to plunge the whole country into all the horrors of a servile and a civil war — to settle an abstruse point in the uncertain science of political economy. 354. But the forceful collision which was thus growing up between South Carolina and the General Government was but a part of the melancholy case. The citizens of the State were nearly equally divided among themselves, and it became necessary to prepare, not only for a conflict with the military power of the Union, but, for the armed resistance oftheVninn party within the State ; and it became obvious that secession from the Union, if attained, must be through a civil war, in which father would be arrayed against son, brother against brother, and friend against friend. 355. Legislative measures were adopted by the State, to render the revenue laws inoperative; by removing, from the custody of the revenue oflicers, such goods as should be seiz- ed for non-payment of duties ; and the military resources of the State were organized to sustain the State authorities. At the opening of the session of Congress, the President had expressed his conviction, that the existing laws of the United States were adequate to the occasion; but, with the develop- ment of the warlike character of the opposition, the necessi- ty of new powers became apparent, and these on the 16th of NULLIFICATION AND PROCLAMATION. 197 January, 1833, were demanded from Congress, and soon after given to him by law. 356. Before the 1 st of February, 1S33, the day fixed for the commencernent of nullification, a change came over the spirit of South Carolina, honorable alike to its sagacity and its pa- triotism. Although the tariff burden was sufficient to pro- voke complaint, it was not so grievous as to induce the other complaining States to separate from the Union, or to plunge desperately into civil war. The adjacent States were more disposed to assume the character of umpires and peace- makers, than of allies, in the war. The State of Virginia, by a formal embassy, of which JNIr. Benjamin VVatkins Leigh was the commissioner, urged peace and procrastination. This event was so seasonable and appropriate, that it could not bet- ter have fitted the denouement, had it been an originally pre- pared part of the drama. Light, too, was seen to break forth from the clouds of debate in the congressional Halls ; and even in the message ofthe President, asking new powers to enforce the laws, auspicious signs were recognized. Instead, therefore, of nullification and its dreadful conse- quences, the 1st of February, 1833, found the nullifiers arm- ed witli — patience; and resolute to endure, for another year, at least, — the intolerable burdens they had so long borne. This temper, prudent and patriotic, was fated to meet a speedy reward. 357. A combination of causes had borne conviction to the minds of the friends of the tariff system, that it stood in the most imminent danger of early death. The power of the ad- ministration was known to be against it — the influence of that power had predominated in the late presidential elec- tions, — it was foreseen, that, thorough partisans, now perfect- ly drilled, w^ould surrender all tlie prin(j|ples which did not tend to party and official ends — it was to be dreaded, that, vio- lence, committed by the General Government against one southern State, might induce a southern confederacy — and it became daily more probable, that, even the protecting duties would produce a larger revenue, than the country required. Under these circumstances, it was deemed more prudent to yield for a season to the tide, than to be swept before it; — to bend to the blast, than to be uprooted; and that the friends of domestic manufactures should take the modification ofthe law into their own hands, rather than entrust it to the mercy of their enemies. 358. Mr. Clay, with sagacity and civil courage which has 17* 198 NULLIFICATION AND PROCLAMATION. more than once distinguished him in political dangers, stepped forth, at the risk of present popularity, and, proposed, hy a gradual reduction, within the period of nine and a half years, to abandon the policy of tarift* protection. This proposition coincided with the interests of the North, as it gave time for the manufactures, which could be acclimated, to take root, and with the professed geneiosity of the South, which boast- ed that it did not seek prematurely to destroy — what it had forcibly aided to plant. The proposition was not a surrender, but a covenant of non user, of the right of protection, after a designated period of enjoyment. It was a compromise of interests; such a compromise, as we shall probably find, re- peatedly, necessary, and as will, we trust, be as repeatedly made, tor the Union. After momentary astonishment, the proposition was re- ceived, with enthusiastic pleasure by a large majority of both Houses, and of the people ; the proposer was hailed as a gen- eral pacificator; and when the amending bill had passed, the country breathed with the freedom of a man who had been relieved from an agonizing burden. 359. The South Carolina Convention re-assembled, early in March, and during a short session passed two ordinances: the one repealing the nullifying ordinance of the preceding November, and all laws passed by the Legislature in pursu- ance thereof, excepting that relating to the militia ; the other nullifying the act of Congress, passed upon the recommenda- tion of the President, " further to provide for the collection of the duties on imports," which they denominated the force bill. The last was an offering to self-complacency. With the opposition of the State, that bill became a nullity, had nothing to operate upon, and the peaceful relations between the State and the Union were again restored. The crisis had been to the State t>ne of great interest and injury. The dominant party had pursued their course with the usual in- tolerance of party ; liad prescribed unconstitutional oaths and pledges; had excited fearful alarm among the peaceful and better disposed population; had disturbed commercial confi- dence, and interrupted the usual course of business — and had driven from the confines of the State very many of her most useful and respectable inhabitants, among whom were Judge Smith, late a Senator of the United States, and Wm. Henry Drayton, late a distinguished representative in Congress; who, though unfriendly to the tariff, reprobated nullification as the NULLIFICATION AND PROCLAMATION. 199 instrument of disunion. — She drew upon herself evils which may require years of prosperity to remedy. 360. But South Carolina was not without the show of triumph. Seven States of the Union, whose whole free •population amounted only to 771,218 souls, by the last cen- sus, a majority of whom would be less than 400,000, scarce double the population of New York, had obtained from the nation, consisting of ten millions of freemen, a sacrifice wliich might cripple its energies, and stay or impede its march to power and happiness. But this is a triumph of de- mons blasting the happiness of the human race. Such, how- ever, as it is, she owes it to the mercy, the forbearance, the philanthropy of the vanquished. In a conflict of force, which she desperately, madly sought, there was, scarcely, in the scope of human conception a mean of safety for her. She sleeps upon a volcano, which war would put into immediate and destructive action. Her whole military array, could it be brought to the field, might be 150,000 against millions ! Verily she has had a triumphant escape, and, in her anthems of praise, let her not forget the magnanimity of her fancied foes. 361. She owes not her unscathed condition to Gen. Jackson. His sympathy and his countenance made her mad. The per- formance of his duty to the nation, unavoidably compelled, was preparing for her the prison, straight-jacket and stripes, when the champion of the American System, in the true spirit of patriotism, provided for her, perhaps, the only means, by which she could, reputably, recover from her intoxication. CHAPTER XIV. ELECTION OF 1832. 362. The election of 1832 demonstrated the efficiency of the presidential influence, when energetically employed, for the corruption of the elective franchise. The administration was highly popular; but was it justly entitled to the favour of the people] In all its leading measures it was opposed lo the popular voice. It had sought to prostrate the system of protection of domestic industry, but had been defeated in Congress: It had sought, in some instances, successfully, to overthrovv? all efforts for internal improvement, but Congress refused to second the parricidal arm : It liad forfeited the pub- lic faith with the feeble Indian tribes; dishonoring the nation before the world and posterity: It had striven to establish a national Bank, which might give to it an illimitable money influence in every section of the Union; but, the object had been detected, exposed and indignantly rebuked, by the House of Representatives : It had abased the country by supplicat- ing, in the tone of a mendicant, favours from a foreign pow- er, when it should have demanded the enjoyment of rights; and the adviser of the humiliation, had been branded by the Senate of the United States, as destitute of the first quali- ty of the statesman, a due regard for the country he would govern: It had most audaciously calumniated the fiscal organ of the country, charging insolvency, where were the most abundant means of payment, and the highest commercial re- putation ; and the falsehood was cast into its teeth, by the House of Representatives, after deliberate consideration and thorough investigation: It had opposed the caprice and the veto of the President, against the deliberate judgment of the representatives of the people upon questions of sheer expedi- ency; reducing the country, in repeated instances, to the condition of despotism, where the will of an individual mars the wishes and the weal of the nation. Still, the administration was popular, very popular. It had entered upon power with a decisive majority in both Houses of Congress; the first term of service ended with a decisive ma- jority in both Houses against it. Still, with all its principal mea- sures rejected and condemned, by the representatives of the peo- 200 ELECTION OF 1832. 201 pie, with its war against the wishes and the interests of the na tion, openly made, by rejection of the most popular laws, the administration was popular. This is a new problem in poli- tics, that calls for solution. 363. This solution is to be found in the new relation which had been created between the President and the people, upon which we have already had occasion to comment. The legis- lative power of the President, is confined by the Constitution to the exercise of the veto, in which it was never contem- plated that the President should seek or employ the expres- sion of popular favour, to support himself against the legiti- mate expression of the national will, through its constitutional organ, the Congress of the United States. A new power was erected, in the assemblages o^ parly, which, directed by pres- idential influence, was to have a controlling influence over the action of Congress, and justify all the measures of the ad- ministration, however hostile to the measures of the legisla- tive body, to which the President held himself at liberty at all times to appeal. Did Congress endeavour to improve the condition of the country by wise and liberal appropriation of the public funds, the President nullified its intentions by re- fusing his assent to its acts, reproached it with corruption and extravagance, and appealed to his party, as to the people,^ for the justification of his power, and his indecorum. Did Con- gress pass an act for preserving and regulating the currency of the country, for the collection and disbursement of the pub- lic funds, by the reorganization of an approved and faithful fiscal agent, the President thwarted its will, by the rejection of the law, and appealed to the people, whose voice he found in the clamours of instructed and pensioned official subordi- nates, and in the echoes of hireling presses. Did Congress pass a law for internal improvement, with the sanction of the President, he claimed the right to suspend its operation when- ever he should discover that it was not compatible with his views of expe^Zienct/, relying upon the support of the same sur- reptitious, self-created organs of the people. Did long estab- lished treaties and laws require the interposition of the exec- utive arm, to protect the Indian nations against encroach- ment and violence, the President refused to perform the duty, claimed the right to declare the treaties, and the laws enacted by his predecessors, unconstitutional, and to suspend their ob- ligation; averring that, his sense of their constitutionality must overpower that of the Legislature and the Judiciary ; 202 ELECTION OF 1832. and that, he was bound to consider no laws as constitutional, but as he should understand them. Does the Senate reject nominations to office, on account of the insufficiency of the nommees, or the impropriety of the selections, the President appoints them to the same or other stations, by his own bare will, — does he recommend a rejected nominee to the second office in the gift of the people, and thus bring the power of his own high station to the control of the polls, he finds justifi- cation for all these acts of lawless power, in what he ven- tures to call the voice of the people. 364. With equal indecorum and injustice. President Jack- son reproached his immediate predecessor with having brought "the patronage of the Federal Government into conflict with the freedom of elections;" but, supposing an impossibility, that the gross interference of the federal officers in the elec- tions of every part of the country, not to have his sanction, what shall be said of his efibrt to influence the public voice in the election of Vice President, whom the Constitution has provided, in certain contingency, to succeed him? This glaring perversion of the duties of his office, is thus, shame- lessly, blazened to the world in the columns of the Globe. After enumerating the political ofiences charged upon Mr. Van Buren, in which the participation of the President is avowed, the Editor proceeds: "Could charges more dishon- ourable to the President, or more wounding to his feelings, be invented or promulgated? How must 'the Conqueror of Napoleon's Conquerors' feel, when charged with humbling his country ' at the foot of the British thronel' How must one ivho is born to coimnand, whoso own energetic mind, now, gives impulse to all around him, as it has ever done, feel, when charged with subserviency to those whom he di- rects] The point of the shaft which has been aimed at his patriotism and honour, is certainly blunted, by the considera- tion, that it was sped by a coalition of political aspirants who are unable to conceal their selfish objects under the simu- lated veil of 'American feeling,' and mock morality. But the blow would be felt by him in all the force with which it was aimed, if his friends and countrymen did not step for- ward to ward it off"— if, when assailed by open enemies and traitorous friends, the American people, and those whom he has ably defended in war, and faithfully served in peace, do not rally around and sustain him, he must feel, that honest exertions in the public service, are no shield against heart- ELECTION OF 1832. 203 less intrigue, and may, with truth, repeat the remark, * Re- publics are ungrateful.' His re-election to. the preaidency will be no reparation for the attack upon his honour. If the people re-elect him, and at the same time condemn his acts, he will feel that he re-enters upon the arduous duties of Chief Magistrate dishonoured:' * * * "The people will not permit this state of things. The friends of the President, whether they personally like Mr. Van Buren or not, will rally round him and do justice to his motives and his acts. By making Mr. Van Buren, Vice President, they will declare to the world, that in public opinion, it is not the President, but the Vice President, and half the Senate, who have dishon- oured the country." Will it be asked, is the President responsible for the re- marks of the editor of a nevv'spaper! We ask another ques- tion in reply — would any President, to whom such language and such principles were not welcome, have tlie one spoken ofhim, andthe other ascribed to him? Nay, we will ask yet, another — to what President, from Washington to Jack- son, the latter excluded, could such principles have been ascribed ? The extract we have given, embraces the very spirit of the administration. Born to command, all are be- neath him, all are bound to obey. And it is this selfishness which guides and directs every movement of the administra- tion. 365. But, to return to the new power wdiich the President has invoked for his justification, and by the aid of which he defies and laughs to scorn the co-ordinate powers of the State, the Senate, and the House of Representatives. In his veto upon eight bills of Congress, he referred himself to the people, the party, for support; but in none of them more clearly than in his message rejecting the act incorporating the Bank. At the close of that message, he remarked, " I have, now, done my duty to my country. If sustained by my fellow citizens, I shall be grateful and happy ; if not, I shall find in the motives which impel me, ample grounds for con- tentment and peace." A.nd that we may have no doubt of the effect designed by the appeal, he himself gives it to us. In his memorable communication to his Cabinet, on the 18th September, 1833; he exclaims, "Can it now be said that the question of a recharter of the Bank was not decided at the election which ensued]" The result of this course is to extinguish all other powers in the Government, save those of the President and the people, — 204 ELECTION OF 1832. no ; of the President and the party ; and in effect, upon ihe prin- ciples on which that party is managed, as we have heretofore explained, to vest all power in the President himself. Al- ready is the Senate denounced as a factious B.nd aristocratic body, an excrescence upon the Constitution, controlling the President in the exercise of his legitimate functions, whilst, in truth, they do but perform their own. Already has the House of Representatives, for refusing to execute the Presi- dent's behests, been stigmatized as base and corrupt, — and following out the course which has thus been designated, we may expect to hear both bodies condemned, as useless and ex- pensive, whose services may be dispensed with, by the substi- tution of the President and the people — or the party. 366. Through the influence of the office-holders and of the press, the party had, indeed, made a deep impression on the people. The measures of their representatives were misrep- resented or concealed, — an army of mercenary dependants, spread over the whole country, in its cities, its villages, and even its hidden vallies, infecting the whole community with the taint of their opinions and their servility ; our politics and our political institutions were corrupted in their very foun- tains, in the primary assemblies of the people, and in the elec- tive franchise. 367. By these means, in the presidential contest of 1832, Maine and New Hampshire were gained over, New York and New Jersey were wholly converted, and notwithstanding the loss of Kentucky and South Carolina, the President was re- elected, by an overwhehiiing majority; and his nominee for the \'ice Presidency, Mr. Van Buren, was also chosen. A most important change, too, was effected in the House of Rep- resentatives. That House, in the 21st Congress, consisted of 216 members. The vote on the bill for the renewal of the Bank Ciiarter, was 109 to 85 ; vacancies and absentees 22. The census of 1830 gave to the 22d Congress 240 members; and the House resolved, in 1834, by a vote of 135 to 82, that, the Bank should not be rechartered. In 1832, there was a majority of 24 votes favourable to the Bank; and in 1834, a majority against it, of 53 votes. Supposing the 24 additional votes resulting from the census, to have been gained by ordi- nary party influence, it remains probable, that a change, greater than twice the majority, in favour of the Bank, had been effected, in the House, by presidential influence. We might enter, minutely, into the modes by which this presidential influence has been exercised ; but it must suflice, ELECTION OF 1832. 205 now, to refer, generally, to the direct interference in elec- tions by the United States officers ; of which, instances are notorious in every district, and of which, the letters of the Fourth Auditor, (Amos Kendall) of the 28th April, 1832, and 28th September, 1833, frequently published in t-he daily jour- nals, are flagrant instances — to the perversion of funds in the operations of the post office department, and to the corruption of the public press. The President received 219 votes out of 286, and Mr. Van Buren 189 votes. 18 CHAPTER XV. THE ATTEMPT TO TAKE FROM THE NATION THE PUBLIC LANDS. 388. No measure of tlie administration is more deserv- mg of rebuke, than the attempt to wrest from the elder States of the Union, their interest in the public lands, and the re- jection of the bill for distributing- the net proceeds of the sales of such lands in a just and rateable proportion among all the States. 3G9. The public lands may be divided into two classes;' 1st, such as are within the limits of the United States, as de- fined by the treaty of peace of 1783; and 2d, such as are within the boundaries of Louisiana and Florida, as ceded by France and Spain, respectively, to the United States. At the commencement of the revolutionary war, there were, in some of the States, large tracts of waste and unap- propriated lands, whilst in others, no lands of this character existed. The States destitute of such lands, claimed, that, as the war was waged with united means and equal sacri- fices, the waste lands, which must be conquered from the en- emy, should become common property; and, under the re- commendation of Congress, 10th October, 1780, " that the unappropriated lands which might be ceded to the United States, by any particular State, pursuant to the recommenda- tion of Congress, of the 6th of September last, shall be dis- posed of, fo^the common benefit of the United States," sev- eral States made the required cessions. The condition of the cession, much the same in all the grants, is most fully expressed in that from Virginia; pro- viding, that, all the lands conveyed, "shall be considered a common fund for the use and benefit of such of the United States as have become, or shall become, members of the con- federation or federal alliance of the said States, Virginia in- clusive, according to their usual respective proportions in the general charge and expenditure ; and shall be faithfully and bona fide disposed of, for that purpose, and for no other nse or purpose whatever.'''' The lands were thus received, and are holden in trust, for the purposes for which they were con- veyed. 206 PUBLIC LANDS. 207 The lands of the second class were purchased, beside other considerations, for the aggregate sum of twenty millions of dollars, taken from the common treasury of the United States; and are, consequently, holden for the common benefit of the people of the United States. 370. By an admirable system, applicable to both classes, all public lands, offered for sale, are, previously, accurately surveyed, in ranges of townships, of six miles square each. The townships are subdivided, into thirty-six sections, con- taining 640 acres each, by right angled lines. The sections are again divided into quarters, eighths and sixteenths; so that, the settler may purchase so small a quantity as forty acres. This system, admitting every industrious man of the connnunity to become a landholder, gives security of title and certainty of boundary, and with them, peace to the possessor. But it does more. It lays the foundation of useful civil insti- tutions, providing for public education and public m.orals, whose benefits must extend to posterity. 371. The aggregate sum of money expended, by the United States, upon the public lands, including purchase, interest and tlie expense of sale and management, up to the year 1833,. may be about fifty millions of dollars, and the total of the re- ceipts, a million less; exclusive of 4,452,760 acres, donations for military services; 2,290,937 acres granted for roads and canals, in several States; and more than nine millions granted and set apart for schools, academies and universities, and of numerous grants for various purposes. Consequently, the public domain has, greatly, more than repaid its cost and management. The extent of the domain of the United States is estimated at 1,090,871,753 acres. About 750 millions are supposed to be beyond the boundaries of the States and organized terri- tories, and the balance, 340,871,753 to be within them. These, at the present minimum price of $1 25 per acre, may be estimated at the enormous sum of 1,363,589,691 dollars; and, though a large portion may never bring that price, there are great quantities which at the public sales bring more. According to the mode of selling lands, they are first oflfered at public auction for what they will bring in a free and fair competition among the purchasers; when the public sales cease, the lands remaining unsold, may be bought, from time to time, at the established rate of one dollar and a quarter, per acre. The annual average sale of these lands has been, for years, steadily on the increase, and is now increasing, 208 PUBLIC LANDS. at a ratio of nearly 23 per centum. In 1832, the net pro- duct was full three millions of dollars. This is indeed a great estate, producing a present income, of three millions of dollars, steadily and greatly upon the increase and enduring for hundreds of years. It is well worthy to be called nation- al, since from the table in the appendix, it is apparent, that, it may be made to produce to each State in the Union large sums for general internal improvement.* To cherish, and improve this great estate, would seem to be one of the first duties of the first magistrate of the Union; to preserve its direction pursuant to the course given by the grants, in one class, and the appropriate object of the purchase, in the other, his greatest delight. But, instead of this, we find, that ma- gistrate striving to introduce a plan for divesting the Union of this great property, to dissipate it into air, or give it to the new and favoured Slates. 372. In his message of the 4th of December, 1832, after sta- ting, that the lands were ceded "for the purposes of general harmony and as a fund to meet the expenses of the war," he observes; "As the lands may now be considered as relieved from this pledge, the object for which they were ceded hav- ing been accomplished, it is in the discretion of Congress to dispose of them in such a way as best to conduce to the quiet, harmony and general interest of the American people." And then, with that profession of fairness and disinterestedness, which is ever the harbinger of some gross and monstrous sel- fishness, he proceeds; "In examining this question, all local and sectional feelings should be discarded, and the whole United States regarded as one people, interested alike in the prosperity of their common country ;" and with the instinct of a demagogue seeking to propitiate the most wealthy and in- fluential class of the people, the landholders, he adds ; " It can- not be doubted, that the speedy settlement of these lands con- stitutes the true interest of the Republic. The wealth and strength of a country are its population, and the best 'part of that ■population are the cultivators of the soil. Independent farmers are every lohere the basis of society and true friends of liberty.''^ The Union is, then, threatened, that unless some liberal policy be now adopted in relation to the public lands, the question, under the influence of a great sectional influence, may "speedily assume an importance not now generally an- See Appendix, No. I. PUBLIC LANDS. 209 ticipated," and "be more dangerous to the harmony and union of the States than any other cause of discontent." He con- tinues; "Of the various schemes which have been hitherto pro- prosed in regard to the disposal of the public lands, none has yet received the entire approbation of the Legislature." {Surely the existing system had, and was iv or king to the general satisfaction.) "Deeply impressed vi^ith the import- ance of a Lipeedy and satisfactory arrangement of the sub- ject, I deem my duty, on this occasion, to urge it upon your consideration ; and to the propositions which have been, here- tofore, suggested by others, to contribute those reflections which have occurred to me, in the hope, that they may assist you in your future deliberations." "It seems, to me, to be our true policy, that the public lands shall cease as soon as practicable, to be a source of revenue; and that they shall be sold to settlers in limited parcels, at a price, barely sufficient, to reimburse, to the Uni- ted States, the expense of the present system, and the cost arising under our Indian compacts. The advantage of accu- rate surveys and undoubted titles, now secured to purchasers, seem to forbid the abolition of the present system, because none can be substituted whicli will more perfectly accomplish these important ends. It is desirable, however, that in con- venient time, this machinery be withdrawn 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." We may be very sure, tliat this very disinterested proposi- tion did not originate in any one of the original thirteen States. Had it come from either of them it would have sprung from " local and sectional feelings ;" but coming, as it does, from a projector in a new State, and supported by the President, a citizen of a new State, which is to participate directly in the advantages of the project, it is from those, who are "interested alike in the prosperity of their common coun- try." 373. The reasons assiofned for this modest and extraordina- ry demand are as extraordinary as their progeny. "The ad- venturous and hardy population of the West, besides contrib- uting their equal share of taxation under our impost system, have in the progress of our Government, for the lands they occupy, paid into the treasury, a large proportion of forty mil- lions of dollars; and of the revenue received, therefrom, but a small part has been continued among them. When to the 18* 210 PUBLIC LANDS. disadvantage of their situation, in this respect, we add the consideration, that it is their labour, alone, which gives real value to the lands, and that the proceeds, arising from their sale, are distributed, cliiefly, among States, which had not originally any claim to them, and which have enjoyed the undivided emoluments arising from the sale of their own lands, it cannot be expected, that, the new States will re- main longer contented with the present policy, after the pay- ment of the public debt." The purchase money of land a tax ! If it be, then is the payment of every commodity, in use, a tax ; and the whole system of exchanges, throughout the country, a system of taxation. A tax we have always understood to be a tribute imposed,^ — an exaction of part of a man's substance, without a specific return. But, here, is an exchange of money for the most valuable return, — rich and fruitful land, the origin of life, of wealth and of happiness. But this land is valueless without labour. And pray wiiat primary material is not val- ueless without labour? The ore from the mine must be elab- orated ; the wool and the cotton nmst be manipulated, before they are productive of benefit. The silversmith who buys silver, the cotton spinner who buys cotton, are, therefore, in all their dealings, as much taxed as the farmer who buys from the Government the wild lands of the West. But, forsooth, the forty millions paid for these lands have not been expend- ed among those who paid them. True, they have gone, chiefly, where they should have gone, — to pay the millions expended, for their purchase, for the extinction of the Indian title, for the surveys, and machinery for sales, and for the payment of the general debt. But, with what grace does President Jackson complain that, a small portion of public money is expended in the Westl His predecessors were dis- posed to expend upon the West freely; for, it is there, that the greatest, the most useful, and the most extensive works of internal improvement are required; and "it is in this man- ner, without doing injustice to any other part of the Union, the proceeds of the sales of the public lands may be applied to the special improvement of the Western country; that, they may be beneficial to all, expended, among the settlers on the public lands themselves, and, while contributing to the improvement of the whole Union, facilitate and encourage the progress of the new settlements, by furnishing, at once, occupation for industry, reward for labour, and the rapid ap- preciation of the lands upon which the settlers may fix their PUBLIC LANDS. 211 abodes." But who stayed all this? The discreet and fore- casting General Jackson ; whose modest boast, it is, that he is wiser than all that have preceded him, and whose greatest glory it is to overthrow all they have erected; and whose name with posterity will be, the Destroyer. But who are, and whence came, these hardy and adventu- rous sons of the West 3 Are they not the sons of the East, whose fathers and. brothers are still as hardy and adventurous as they? And whence came these sums which pay for these lands] Were they not drawn, and are they still not drawn, in large proportions from the purses of the Eastern emigrant, who gladly pays his money for lands greatly more valuable to him? The reasons, then, alleged in favour of the project, have no foundation, and the project itself, originating in fraud, is sustained by selfishness. It is opposed by the soundest rea- sons, which we proceed very concisely to exhibit. 374. The reduction of the price of lands must be requir- ed, either, because the Government demands more than a fair price ; or because, that price retards, injuriously, the settle- ment and population of the new States and Territories. It is seen, that by offering the lands for sale in quantities which are attainable by the poorest industrious man, the Govern- ment has given the most desirable facility to purchasers. Of the fairness of the price, the best evidence is the brisk- ness of the sales. In four years, from 1828 to 1831, the an- nual sales had increased from ^1,018,308 75 to 3,000,000; and the rate of increase continues ; although fluctuations in sales may be expected, as fresh lands, in favourite districts, are brought into market, and according to the activity or sluggishness of emigration. The Government is the proprietor of the largest quantity of unseated lands in the United States. It cannot reduce the price without injury to the value of all other lands, and particularly of such as are in the Western States, and most, in those which contain, or are nearest to, the public lands; and it would, therefore, essentially, injure the great body of the yeomanry, and, especially, those who have purchased lands, from the United States, at higher prices; who would thus ob- tain an equitable claim for compensation. A material reduction of price would excite and stimulate the spirit of speculation which the present price and quantity of land in market, keep dormant; and would, probably, lead to the transfer of large portions of the public domain, from the Government to speculators, to whom the emigrant might 212 PUBLIC LANDS. be compelled to give much higher and more fluctuating prices. Such reduction of price could not increase the population of the United States; but, might very injuriously promote the emigration from several, even, of the oldest Western States, reducing- greatly, the price of their lands, their population, and their currency. And lastly, such reduction must greatly injure the value of the lands which Congress has, within a few years, grant- ed, for internal improvements, to Ohio, Indiana, Illinois and Alabama. The large quantities of land, which remain on hand, after havinfT been long offered for sale, must not be ascribed to the highness of the price, but to the immense quantity which the Government keeps in the market ; which the pow- er of emigration is wholly incompetent to absorb. Whilst there is more than an adequate supply of the better quality of lands, the inferior will not be purchased. Nor is a decrease in the price of lands necessary to the ra- pid increase of population, in the new States. The rate of increase in the whole papulation of the United States during the ten years, from 1820 to 1830, was 33 per cent; whilst the seven States embracing the public lands, which had a population, in 1820, of 1,207,165, had, in 1830, 2,238,802, exhibiting an average increase of 85 per cent., and demon- .strating an irresistible tendency of the human tide to their bosoms. The cession of lands proposed by the President, compre- hends in its consequences, the cession of the whole public domain of the United States; for cessions to the present new States, w^ould certainly be followed by like cessions to other new States, as they should be admitted into the Union, The value of this donation, we have seen, is, at least, three mil- lions per annum ; with the certainty of enormous increase. If such a measure be justifiable, it must be from some radical and incurable defect in the power of the General Govern- ment, properly, to administer the public domain, which the most successful experience repudiates; since no branch of the public service exhibits more system, uniformity and wis- dom, than the administration of the public lands. If they v/ere transferred to the new States, at the present nrice, nothing would be gained, as it is not practicable for ihem to amend the system ; on the contrary, new and variant systems would arise, under new and varying laws; and com- PUBLIC LANDS 213 petition for the market would, probably, produce dangerous collisions between the vending States, together with a spirit of hazardous speculation. Combinations, would be formed in this and, perhaps, in foreign countries, inducing gigantic and tempting but delusive projects, to which, our history admon- ishes us, even our legislative assemblies may lend too ready an ear. There is yet another and decisive objection to such a transfer. A new and dangerous relation would arise be- tween the General Government and the new States. The credit on lands was abolished in 1820, because of the hazard of accumlating a large amount of debt, in the co-terminous new States, forming a bond of interest, sympathy and union, possibly prejudicial to the general lien of the confederation. But if such relations were dangerous, when the purchasers were individuals, how much more dangerous would they be- come when the purchasers should be States, between whom as debtors there would be a common interest and feeling, ad- verse to the rest of the Union, rendered more fearful by their remoteness from the centre of federal power? The debt would prove a burden from which they might seek relief, through nullification and secession. In the State of Illinois, with a population, at the last cen- sus, of 157,445, there were 31,395,669 acres of public land; which, at half the minimum price, would amount to $19,- 622,480, A debt of which she could not pay either princi- pal or interest. Delinquency on the part of the debtor States would be in- evitable, for which there would be no remedy, save force, a remedy worse than the disease; and the only safe alternative would be a release of the debt. A sale for a nominal price would be a gifl; and such gift is forbidden by the express conditions of the original cession from the primitive States to Congress, and by the obligations of the General Government to the v/hole people, arising out of the fact, that the acquisitions of Louisiana and Florida, and from Georgia, were obtained at the great expense of the common treasure, and for the common benefit. Such gratui- tous cession would be a violation of a solemn trust, and a gross injustice to the old States. And its inequality, among the new States, would be as marked as its injustice to the old, would be indefensible. Thus, Missouri, with a population of 140,455, would acquire 38,292,151 acres; and the State of Ohio, with a population of 935,884, would obtain, only, 5,586,834 acres. In a division of the land among the citi- 214 PUBLIC LANDS. zens of those two States, respectively, the citizen of Ohio would obtain less than six acres for his share, and the citizen of Missouri upwards of two hundred and seventy-two acres, as his proportion. Such was the system which the administration of the Gen- eral (jovernment ventured to propose to Congress. No one can feel surprise that it was rejected by large majorities, in both Houses ; and that, wise and provident legislators sought other modes to disburden the treasury of the superabundant wealth which was brought into it from this prolific source. 375. This desirable object was supplied by Mr. Clay's bill, which, originating in the Senate, passed Congress on the 2d March, 1833. This bill proposed, upon just and equitable principles, to divide among the several States, the proceeds of a common property, for the term of five years. It pro- vided — I. That, after the 31st of December, 1832, there should be allowed to each of the seven new States, in addition to former grants, 12^ per cent, upon the proceeds of all sales of the public lands, made within their several limits, to be applied to some object of internal improvement: II. That, the residue of the net proceeds of such lands so sold, and wherever situated, should be divided among the twenty-four States, according to their federal representative population, to be applied by their respective Legislatures, to such objects of education, internal improvement, or payment of debt incurred for internal improvement, as they might au- thorize; reserving to Congress the power to make such fu- ture disposition of the public lands, as they may think proper. III. That, the act should continue for five years, unless the country should be engaged in a war. IV. That, until the 31st December, 1837, there should, an- nually, be appropriated, for completing the surveys of such lands, a sum not exceeding $ 80,000; and that the minimum price of the lands should not be increased, under the penalty of annulling the act. V. That, land districts, which in two successive years should not produce net proceeds, to pay the salaries of the officers therein employed, might be discontinued, and the lands be annexed to the adjoining district. VI. That, certain designated quantities of land should be granted to six of the new States, not to be sold at a less price than the minimum price of lands sold by the United States, to be applied to internal improvements. PUBLIC LANDS. 215 376. We have seen, that the President, adopting the views of others, had recommended, and pressed upon Congress, the annual distribution of the surplus funds in the treasury. To this mode of emptying the public cotfers, there are several, and, we think, decisive objections. First, it employs an in- tricate and expensive machinery to take from the people's pockets a large sum of money, in order to return it, through an indirect channel, and in unequal portions ; the levy being made upon the ratio of imported commodities consumed, and the distribution upon the principle adopted for determining the congressional representation. Second, the representa- tives in Congress from the several States, may, by this mode of obtaining funds for their constituents, be induced to in- crease tiie taxation, for the purpose of increasing the surplus : and, thus, the expenses of the respective States might be wholly levied through the national treasury. Third, in pro- portion as tliis should be the case, the State. Governments would become the dependants, the pensioners of the General Government, and the dangers of consolidation would be- come imminent. And fourth, as the State Governments might not feel the pressure of this mode of indirect taxation, tiieir expenditures might not be regulated by prudential lim- its; more especially, as an increase of the national imposts might be relied on, for deficiencies. 377. But, it might be supposed, that, the mind which should adopt such a scheme for the distribution of public treasure,— a distribution without limits, and which might lead to great evils and abuses, would find no difficulty in approving a distribution which was limited in amount, by principles inde- pendent of legislation, and which had no seductive power to effect an increase. Yet, here was a new illustration of the old saw, "Straining at a gnat and swallowing a camel." Whilst the President urged upon the nation the adoption of the distribution of the greater portion of the funds against which there were grave reasons of inconvenience, and proba- bly, of unconstitutionality, he rejects the distribution of the mi- nor sum, which is not obnoxious to many of these objections, and is probably free from them all. The bill for the distribution of the net proceeds of the pub- lic lands, passed in Senate, by a vote of 24 to 20; and in the House of Representatives by a vote of 96 to 40. It was received by the President on the second of March, and re- tained by him, until the meeting of the next Congress, when it was returned with his objections. It appears, that the bill 216 PUBLIC LANDS. received, in the House, the approbation of more than two- thirds of the members; and, it is understood, that, had it been returned, in season, to the Senate, it would have repassed that body, the President's objections notwithstanding-, by a vote of more than two-thirds; but by its detention, the bill was defeated. 378. The first reflection which presents itself, is, that, the President has again, by his veto, restrained and annulled the deliberate voice of the people, upon a question of mere expe- diency, involving no constitutional principle, by a process which has much the appearance of undignified artfulness. Under the Constitution, if the President retain a bill longer than ten days, Sundays excepted, it becomes a law, as if he had signed it, unless Congress, by adjournment, prevent its return. This section provides for a special case, the adjourn- inent of Congress. But the present case has another aspect, the dissolution of the Congress, which expired on the 4th day of March. The President had, therefore, no right to retain the bill and, thereby, deprive Congress of the opportunity of its reconsideration, in case of his veto. He thus exercised a power against which the Constitution sought to provide, — • defeating legislation, by retaining bills for an indefinite pe- riod. The reason assigned for this course is, that, he had not sufficient time for the full consideration of the subject. But, the subject was not new. The bill had passed, at a previous session of the Senate, (1832-3) in the shape in which, with one modification, it was presented to him. Copies of the bill, prior to its passage, at both sessions, had been laid before hinj. He had treated the subject, and demonstrated his possession of a knowledge of the bill, in his message of December, 1832. When, therefore, it was presented for his approbation, on the 2d March, 1833, he must have been familiar with it. But we proceed to consider the reasons offered for the rejection of the bill. They are — I. That, the waste lands of the West were ceded on the express condition that they should be disposed offer the com- mon benefit of the States, according to their expenditure, and for no other purpose ; and that the bill is in direct violation of this condition; that its operation is unequal, giving 12^ per cent, of the net proceeds of the sales to certain States, in addition to their equal shares, in the distribution — and making that distribution, not upon the ratio of general charge and expenditure, but that of the federal representation. II. That, the bill provides, expressly, that, a portion of the PUBLIC LANDS. 217 public revenue, given to certain States, shall be applied " to objects of internal improvement or education iviihin those States,'" and appropriates the balance to all the States, to be applied "fo such purposes as the Legislatures of the said respective States shall deem proper :" That, under these provisions the money of the United States may be applied to objects of local improvement, '•'■ichic.h he had pronounced un- constitutional^ and which judgment had been confirmed by the people.'''' III. That, the bill creates a surplus of funds for the pur- pose of distribution; subjects the General Government to the expense of the machinery of the land system ; and thus, vir- tually, distributes, among the States, a portion of the general revenues; which portion may be increased, from time to time, until all the State expenses shall be thus borne and the States becoming dependent, consolidation will ensue. IV. That, no advantage can accrue to the States from the proposed distribution, since the revenue from the public lands forms a part of the revenue for general purposes, and, if it be abstracted, the amount must be supplied from the imposts; it being necessary to levy whatev'er sum the public expendi- ture may require; and that, consequently, there is nothing more gained in appropriating these specific funds than, by a general appropriation of the same amount from the treasury. V. That, the bill will tend to keep up the price of the pub- lic lands which should be reduced. " The just men'^ of the West would not sell, their bright prospect of increasing wealth and growing power, at such a price. 379. I. To the first objection, it may be replied, that it goes only to a part, and the smaller part, of the lands of the United States. All that have been obtained by the purchase of Louisiana and Florida, are free from any restriction as to their disposition: they form an unshackled portion of the wealth of the Union, and their proceeds may be dispensed, as any money, from the public treasury. And we may also add, that the power of the Government over the proceeds of all the public lands, hovv^ever derived, has been, unqualifiedly, declared, by the President, in his message of the 4th of De- cember, 1832; in which it is averred, that " It is in the discre- tion of Congress, to dispose of them in such way as best to conduce to the quiet, harmony and general interest of the American people." The allegation of inequality in the distribution conies with an ill grace from the President, who, in that message, and in 19 218 PUBLIC LANDS. the very veto message itself, urg-es, that, tlie whole of the un- sold lands should be relinquished to the new States. Surely if Congress may grant the whole of the lands to such States it may grant an eighth part of them, for a short and definite period. But, whatever may be the inequality of the distribu- tion, it is strictly consonant with the policy hitherto observed towards the new States; to whom more than eight millions of acres have been granted for the purposes ot education; more than two millions and a quarter for internal improve- ments; and by the compact with them, respectively, five per cent, of the net proceeds of sales within their respective limits is reserved, for similar purposes. But the extra allowance is not gratuitous. Increasmg in population, by a greater ratio than the old States, if the same rule were applied to the new States, they would receive an unequal proportion, if the distribution were made solely on the principle of population, and by the census of 1830, as is proposed. The increase of population in Illinois, for exam- ple, is at the rate of 18^ per centum per annum ; and the population is, now, nearly double what it was at that period. It is obvious, therefore, that if the distribution should be con- tinued to her, according to the census, that, she would re- ceive, only, one-half of what she would be justly entitled to. Again, as the extra allowance to the new States is to be ex- pended on education and internal improvements, the United States, as the greatest landholder in such States, is bound fairly to contribute to that improvement, which, necessarily, enhances the value of their property. But does the rule of distribution adopted by the bill, violate the deeds of cession? A distribution among the States, "ac- cording to their respective and usual proportions in the gen- eral charge," is wholly impracticable. That clause in the deeds had reference, solely, to the articles of confederation. Revenue is not collected from the States, now, in their sove- reign character, but from the mass of the community; and it is, consequently, impracticable, to ascertain how much is paid by the citizens of any one State : Nor does the disburse- ment of the proceeds of the lands, from the common treasury, more nearly fulfil the rule ; for, it can never be known, how each State is, in its disbursement, benefited, according to its due proportion in the general charge and expenditure. But all obscurity upon this subject is cleared away by the provision of the Constitution, in which all anterior conditions have merged. That declares, "The Congress shall have PUBLIC LANDS. 219 power to dispose of, and make all needful rules and regula- tions respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claim of the United States, or of any particular State." The last words of this clause relate to certain reservations made to the States, and to such claims of a territorial, jurisdictional or pecuniary nature, as may have subsisted under the confederacy. Consequently, the objection, on the score of inconsistency with the original grants, is totally without support. II. To the second objection, it might be answered, that it is founded altogether upon an assumption of what the Presi- dent considers a possible abuse,— upon the prophecy that the funds will be applied to some local objects of improvement. But this objection has never prevented the application of the lands themselves to local purposes within the States, nor their proceeds to any and every purpose, including pensions, dona- tions to foreign States, &c. &c., when such proceeds have come into the general treasury. If Congress may apply the proceeds of lands to such purposes, it may give them, surely, in a scale of proximate equality, to all the people of the Uni- ted States. III. But this bill tends to the creation of surplus revenue. Is that a fitting objection in the mouth of one who maintains the expediencv of the distribution of the general funds of the Government!"' Of a system which rushes, with irresistible force, to taxation and plunder] The great, the excelling merit of this appropriation of the proceeds of the land sales k, that it is specific and, necessarily limited, by the verv nature of the subject: That whilst it meets the crying wants of the country, for funds for internal improvement, it gets rid of most of the objections raised against ordi- nary appropriations for such purpose; and it fixes a point, namely, the net proceeds of sales, beyond which no ingenuity can increase the amount. It, therefore, does not lead to the creation of a surplus for distribution; but, on the contrary, limits the amount which shall be applicable to internal im- provement. It is, in truth, nothing more nor less, than a do- nation, of an ascertainable and determinate character, of funds, in a certain equitable ratio, among the people; of the propri- ety of which, the people, by their representatives, the only proper and constitutional organ, not by party representations and newspaper misrepresentations, as the President assumes, are entitled to judge. And nothing but the most shocking a**' 220 PUBLIC LANDS. rogance and overwhelming presumption could induce an in- dividual to oppose their decision. On this occasion the President again resorts to that power which he makes paramount, because it makes him paramount, to the representatives of the people. He assumes, that, this bill is contrary to the principle established by him in the Maysville road message ; and then proceeds to say ; " Tliat principle, I cannoi be mistaken in supposing, has received the unequivocal sanction of the American people." Whence arises this confidence] Is it from his re-election ? But since the Maysville road message, a new Congress had been elect- ed, and of that Congress more tlian an hundred members had voted for the bill. If, then, it be permissable, which we de- ny, to draw an inference in favor of a particular trait of poli- cy, from the election of an officer, who may have, nay, must liave, been recommended to the people by many and various considerations, it is still more allowable to draw a contrary inference from the election of one hundred officers, all op- posed to that policy. But we repudiate every idea of the kind. There. is but one mode of ascertaining tbe sense of the people upon subjects within the scope of legislation, and that is, by the voice of the legislators, duly and constitutionally expressed. Any other mode mines the Constitution, intro- duces anarchy, mobocracy, irresponsible power and despot- ism. A result which Jacksonisra, has, as energetically as per- severingly, pursued. But, the bill tends to the consolidation of the Government — over the States. Yes, if to strengthen the States individ- ually, if to fix invariably the principles of the donation, if to increase the. means of independent existence be to consoli- date the States, then, does the bill tend to consolidation — not otherwise. But, the bill does furnish a principle of union, which should recommend it to every patriot. It demonstrates an interest in the common domain, available to each State for the most valuable purposes— available, however, only during union and which must be lost, by any event which dissolves the confederation. It supplies, in truth, that common bond of pecuniary interest, which was erroneously supposed to be created by a national debt V. Butthe bill maintains the present price of the public lands. True. And that which recommended it to Congress and the nation, has rendered it odious to those usurping spirits which have hatched the design of plundering the Union for the en- richment of individuals and the western States.-A rapine which PUBLIC LANDS. 221 is to be perpetrated, if possible, in despite of the faith of these States pledged to abstain from the seizure of the public lands by the very compacts which admitted them into the Union. This is, indeed, the veritable cause of the President's veto on the bill. All the other causes, inconsistent with established principles and facts, so inconsistent that their assignment would be ridiculous, if it were not mischievous, are but tubs thrown to the whale — matters to give volume, not weight, to the message. The people of all the States feeling, palpably, the advantages of the public lands to them and their respec- tive States, would never consent to reduce their price to a mere nominal value, nor to give them away. It was to pre- vent the great and practical value of these lands from becom- ing known, that the veto message was prepared ; and prepared too, so far as internal evidence affords proof, by a senator from the south-west, distinguished by his repeated, urgent, but fruitless efforts, to divert this mine of wealth from its legiti- mate objects. The nation, liovvever, has not lost sight of this treasure ; and we may predict, that, the hour is not far off, perhaps it is even now present, when in despite of vetoes and daring plans of injustice, it will derive all the benefits which it may, from this inexhaustible source of prosperity. 19* CHAPTER XVI. THE WAR ON THE BANK. 380. It was the object of tJie Constitution to consolidate the United States into one nation, so far as reg-ards their for- eign relations and some subjects of an internal character es- sential to their prosperity. Of these, the control over the monetary system, by which the currency of the country might be established, was among the most important. 381. Whatever commodity, may by law or general con- sent, be universally received in any country, in exchange of every other commodity and in payment of all debts, is the circulating medium or currency of such country — the com- mon standard of the value of all commodities whatever; and that, which regulates the performance of all contracts not specially excepted. The most valuable and most desirable qualities of this standard are permanency and uniformity. The permanent value of the currency is essential to the safe and profitable conduct of business. Whilst it is permanent, the dealer may always calculate the result of his operations; but if it be variable, that must be uncertain and frequently perilous. Thus, if the dollar will, to-day and this day come year, purchase a bushel of wheat, it can be manufactured into flour at a certain and steady profit. But, if the value of that dollar vary, between the time of purchase and the time of sale, the manufacturer may be a loser or gainer, as that val- ue shall be increased or diminished ; and the success of his business will depend upon chance, or on principles which he cannot control. In all countries, uniformily in the currency is desirable, both in regard to the facility and safety of business. Thus, if the dollar have the same value in London and York, the trader is saved much trouble, in the simplicity of his accounts, and the traveller the loss which might otherwise arise from dif- ference in relative values. And where this uniformity prevails, variations in the value, being general, are less injurious ; *and such uniformity is common, where the same political power governs the whole country, and fixes the standard of value. But in the United States, where twenty-four independent sovereignties might have possessed, each, the power of fixing 222 WAR ON THE BANK. 22^^ a standard of currency, such standard might have varied in every State. The holder of a silver dollar at Boston, in travelling- through the country, to Charleston, might find him- self enriched, nominally, as he progressed, and at the latter place, his dollar might be worth a dollar and one-fourth in the currency there established. In this case, he would be a gainer of twenty-five per centum ; but if the journey were reversed, he would be the loser. The evils growing from this state of things, were susceptible of diminution, by due adaptation of the contracts of trade. But want of uni- formity produces with us, from our political organization, op- pressions to which individuals can apply no remedy. The Constitution provides: 1. That all duties, imposts and ex- cises, shall be uniform throughout the United States : 2. That representatives and direct taxes shall be apportioned among the several States, according to their respective numbers, to be determined by the rule thereby specified ; and that no capitation or other direct tax shall be laid, unless in propor- tion to the enumeration. Both these provisions are violated by non-uniformity m the currency; the tax payer, in Charles- ton, paying in the currency of his State, the nominal dollar required by the law, pays twenty-five per cent, less than the payer at Boston, whose silver dollar may be worth one dollar and twenty-five cents of paper. Fluctuation in the currency, local and general, is most common to paper money ; but it is incident to every species of circulation. A metallic currency may vanish under the influence of political alarms, by the ex- plosion of mercantile speculations, or the drain of an unfa- vourable course of trade. The evils of an unsettled currency would have been enormous and intolerable, had not the power to regulate the currency been given to the United States. The confederacies of Germany and Holland, which had al- ways been inundated with coins, often debased and varying, from State to State, in standard and denomination, having served as useful beacons. 382. To this end, by the Constitution, Congress is em- powered, to coin money, to regulate the value of the domestic and foreign coins in circulation, (and as a necessary implica- tion from positive provisions) to emit bills of credit; whilst, by the same instrument, the individual States are forbidden to coin money or emit bills of credit, or make any thing but gold and silver a tender in payment of debts. The power thus given, it is the duty, not less than the right, of the Uni- ted States to carry into effect. This duty has become the 2S4 WAR ON THE BANK, more imperative, as the prohibition on the States to emit bills of credit, has become nugatory, by the emission of Banknotes, under the authority of the several States, and the consequent establishment of a special currency for each. The money of the United States, under this constitutional authority, has been established by law, and consists of coins made with gold, silvei: or copper. But, the power to emit bills of credit, has also been exercised in a limited and qualified manner. Thus the bills and notes of the Bank of the United States and Trea- sury notes issued during the late war, were made receivable in all payments to the United States. 383. The power of the General Government over the cur- rency, is too clear to be denied. But the mode of its exer- cise, through the Bank of the United States, has been objected to, as unconstitutional and inexpedient. The question of con- stitutionality, ought to be at rest. Time, the acquiescence of the nation, reason, judicial authority, all, have confirmed it ; and their influence has converted the most efficient ob- jectors, of whom, Mr. Madison was chief. But it has suited the views of the Jackson administration to revive the ques- tion, and an exposition of the principles upon which it has hitherto been settled, becomes proper. The power to establish the Bank is derived from the clause of the Constitution giving to Congress the power to make all laws, which shall be necessary and proper, for carrying into execution the powers given by the Constitution, and thereby vested in the Government of the United States, or in any de- partment or office thereof." It is, therefore, requisite to de- termine the meaning of the words '^necessary and proper,'' in the clause. The word "necessary" must not be taken in its strict sense, as if it stood alone. It is connected with, and qualified by, the word " proper." This last word implies, that what is called necessary, may be proper or improper. Hence, the words, *' laws necessary and proper," are not intended in the most limited sense, implying absolute impossibility of effecting the object without the law ; but mean such laws as are fairly in- tended, and highly useful and important for that purpose. That such is the fair and uniform construction, without which the Constitution could not be carried into effect, is ap- parent, from many laws; particularly, from the acts for lay- ing and collecting duties on imports. These require from the importer or consignee, oaths establishing the quantity and quality specified in the invoice. Yet such oaths are not ab- WAR ON THE BANE. 225 solutely necessary ; because the duties, as in France, might be efficiently collected without them, by means of the appraise- ment of the merchandise. There may be several means of effecting any power, ex- pressly given in the Constitution ; no one of these can be strictly necessary, whilst any one may be used ; and if we re- fuse each, as unnecessary, none can be employed. Thus, the restriction on the issues of the State Banks, indispensable to the regulation of the currency, may be, by a stamp duty, or by the influence of the Bank of the United States. But if these be the sole means, and we refuse both, because neither is indispensable, the object is unattainable. To render such means necessary and proper, they should, be not only highly useful and essential, but tend clearly, and with good faith, to their averred object; not be colourably auxiliary to one object, when designed for another. The chief ground of objection to the first Bank was, the supposi- tion, that it was designed to consolidate a monied aristocracy, and further party views. These errors have passed away ; but they may have left impressions which still aflect public opinion. It is now universally admitted, that the use of Banks is in- dispensable to the Government. But against all experience, it is insisted, that the operations of the Treasury and the reg- ulation of the currency may be effected with equal facility and safety, through the State Banks alone, as through a Bank of the United States; and on that ground the constitutionality of the latter is denied. To admit, however, that State Banks are necessary to the operations of the Government, is to aban- don the question. To make and to use, or to make and to hire, must require the same power in this case, and be alike constitutional or unconstitutional. But every consideration of propriety, expediency and convenience, requires that Con- gress should make a Bank, which will suit its own purposes, and be subject to its own control, rather than use Banks not made nor suited to its purpose, and over which it has no su- pervision. The power, in either case, to use a Bank, can be derived only from the fact, that it is necessary and proper for carrying into effect the powers granted by the Constitution. But it is not on the useful agency of the Bank in treasury operations, that its constitutionality is now mainly placed. The States, though forbidden by the Constitution to issue bills of credit, have, to all intents and purposes, so done, through the agency of the Banks, and the notes of these 226 WAR ON THE BANK. Banks produce the very effect the Constitution intended to prevent by the prohibition. The injustice to individuals, the embarrassments of Government, the depreciation of the cur- rency, its want of uniformity, the moral necessity imposed on the community, either to receive the unsound currency, or to suspend business transactions, all the evils consequent on the suspension of specie payments have been as great, if not greater, than those which might have flowed from a paper currency, issued directly by State authority. The provisions of the Constitution tor the uniformity of taxation are violated when currencies, of different values in the several States, prevail. Upon this ground, alone, Con- gress would be obliged to provide means for giving effect to these constitutional provisions. The uniformity of taxes of every nature, is an essential and fundamental principle of the Constitution, and our political association. That uniformity depends on the uniformity of the currency. Therefore, laws to effect this, are "necessary and pioper," in the strictest sense of the words. But there are two means, only, to attain the object, a me- tallic, or a uniform paper, currency. The one may be possi- ble, but it is ditffcult of attainment, and if attainable, inex- pedient; because it involves the destruction of all the State Banks and the established commercial system. The other is prepared to our hands ; and we know, from long and various experience, will insure a sound and uniform currency; check- ing and regulating the greater part which it does not itself supply. The earliest and principal objection against the constitu- tionality of a Bank was, that Congress had not power to cre- ate corporations. That Congress has a distinct and substan- tive power to create corporations, without reference to the objects entrusted to its jurisdiction, is a proposition which has never been maintained; but that any one of the powers ex- pressly conferred upon Congress, is subject to the limitation that it shall not be carried into effect, by the agency of a cor- poration, is a proposition which cannot be supported. Such are the reasons which have induced the conclusion, that the power to incorporate a Bank is incidental to the powers, of collecting and disbursing the public revenue ; of borrowing money on the credit of the United States; of pay- ing the public debt, and above all, of fixing and regulating the standard of value, and thereby ensuring, at least, so far as the medium of payment is concerned, the uniformity and equality of taxation. WAR ON THE BANK. 227 J384. Upon the question of expediency, a review of the history of the Bank of the United States will siied much light, whilst it exhibits the most respectable authority in fa- vour of its constitutionality. In little more than two years, after the Government went mto operation, when most of the distino-uished members of the Federal Convention were either in the Executive or Le- gislative councils, the act incorporating the first Bank, passed .both branches of Congress, and received the deliberate sanc- tion of President Washington. The constitutional power was thoroughly investigated by the Legislative and Execu- tive Departments under circumstances highly favourable to a dispassionate decision. There was then no organization of political parties, and the question was discussed, wholly, upon rational and patriotic considerations, uninfluenced by party prejudice, which, at the present day, has overpowered the true sense of the country. No persons could be more competent to give a just construction to the Constitution, than those who framed it; and no administration could be more exempt from those influences which sometimes pervert the judgment of the wise and patriotic, than that, of the Father of his coun- try,^during the first term of his service. The Bank, thus created, continued for twenty years, the term of its charter ; during which, public and private credit was raised, from a prostrate, to a very elevated, condition; and the finances of the nation placed upon the most solid foundations. When the charter expired in 1811, its renewal was, un- happily, tor the country, as subsequent events, too fully, prov- ed, discussed as a party question. At no time, since the com- mencement of the Government, has there been more violent party excitement than at this period,— the era of the embar- go, non-intercourse and other commercial restrictions, and when the stock of the Bank was chiefly holden by British subjects, then standing in unfriendly relations with us, and by their apologists in this country. These circumstances caused it to be looked upon, falsely indeed, almost as a foreign institution ; yet, with these obstacles, the proposition for re- newal of the charter was lost, only by the casting vote of the President of the Senate, and the majority of a single vote in the House of Representatives. In less than three years after the expiration of the charter, (the war with Great Britain having been declared) the cir- culating medium became so disordered, the public finances so 228 WAR ON THE BANK. deranP-ed, and the public credit so impaired, that the SecrG- tary of the Treasury, Mr. Dallas, with the sanction ot Mr. Madison, and, as is believed, of every member of the Cabi- net recommended the establishment of a national Bank as the only mean, by which the national credit could be revived and the fiscal resources be redeemed from ruinous embarrass- ment. So obvious, now, was the propriety ot this measure, recommended by a democratic administration, that though re- cently reprobated by the republican party, it was carried throuo-h Concrress, as a republican measure, by an over- whelming majority of that party. The bill was rejected by Mr. Madison, because it was not such a bill as had been le- commended by the Secretary of the Treasury, and because its provisions were not adapted, in the opmion of the Presi- dent, to relieve the wants of the country. But he premised his obiections to the measure, by "waiving the question ot the consiitutional authority of the legislature to establish an incorporated ]iank, as being precluded, in his opinion, by re- peated recogmlions, under varied circumstances, ot the va- lidity of such an institution, in acts of the legislative, execu- tive and iudicial branches of the Government, accompanied by indications, in different^ modes of the concurrence ot the general will of the nation." , ^ , . .^i u., ^ At the succeeding session the Bank was mcorporated by a larcre majority of Congress, with the sanction ot the 1 resi- dent. Unhappily, it fell, at first, into hands inconipetent to conduct it. But as an agent of the Government it was al- ways efficient. For thirty-eight out of torty-four, years, the Government has had the advantage of this fiscal agent whose taithfulaess has received, as it merits, the praise of all whom party prejudice has not swayed. In its present condition, it is the soundest, safest money institution in the world, and it Nvould seem, that to whatever proper use the Government might wish to apply it, a more effective agent could not be ^385 "still it is charged, that the existence of the Bank is inexpedient. It is averred by President Jackson, its great enemy and persecutor, that, it has "tailed, m^the great end of establishing a uniform and sound currency. If it be true, that the Bank have not established a uniforni and sound currency, it has failed to effect the chief object ot its creation; and its preservation is a question, comparatively of lio-ht consideration. But to judge of this, we must com- pare the state of the currency at the period, when the Bank WAR ON THE BANK. 229 was chartered, with its condition when the charge was made. We must look at this, as it regards the general depreciation and also as it regards the relative depreciation, or the value at one place compared with another. 386. As to the general depreciation, it appears that during the existence of the first Bank of the United States, we had a sound currency, uniform taxation and stable exchanges. In January, 1811, there were in the United States, including the national Bank, eighty-five Banks ; whose capital amount- ed to fifty-two millions five hundred and ten thousand dollars ; notes in circulation to twenty-eight millions; specie fifteen millions. In 1811, we destroyed the Bank and deprived the country of seven millions of capital, which belonged to for- eigners: In 1816, in five years, we had two hundred and for- ty-two State Banks, with a capital of ninety-one millions; notes in circulation, sixty-six and a half millions; and specie nineteen millions. From the report of Mr. Crawford, Secre- tary of the Treasury, in 1820, it appears, that, during the general suspension of specie payments, by the local Banks, in the years 1815 and 1816, the circulating medium had reach- ed the sum of one hundred and ten millions of dollars; and that, in the year 1819, it had been reduced, to forty-five mil- lions, being a reduction of fifty-nine per cent, in the short period of four years. The effect of the great increase of cir- culation was to double the price of property, real and person- al, when compared with the previous and present value. In other words, two dollars would purchase no more of any com- modity in 1816, than one dollar would purchase at any time since 1819: a specie dollar in 1816, would purchase no more than half as much as a paper dollar will at present. The operation of this general depreciation upon individuals was this. He, who borrowed money in 1816, and repaid it in 1820, paid double the value he had received. The farmer who purchased in the former year 100 acres of land, at 100 dollars the acre, and paid one-half the purchase money, could get for his land, but 50 dollars the acre; and when required to pay, in 1820, could not borrow thereon a dollar, the balance of the purchase money being the full value of the land, which when sold, by the sheriff, was re-bought by the purchaser, for that balance; who, thereby, obtained the land, and a clear profit of 5,000 dollars, with the interest, perhaps, on the whole purchase money, whilst the farmer was irretrievably ruined. This was the history of thousands of the most in- dustrious and economical members of the community. 20 230 WAR ON THE BANK. The injury to the public was much in the same ratio. The Government borrowed, during the war, eighty-eight millions of dollars, at an average discount of 15 per cent. — giving stock for eighty-eight millions, and receiving sixty-eight mil- lions, in such Bank paper as could be obtained. In this state- ment Treot^ury notes are considered as stock, at 20 per cent, discount. There was, iiere, obviously, a loss of twelve mil- lions. But, the sum of sixty-eight millions was paid in de- preciated currency, not more than half as valuable as that in which the stock has been redeemed. Hence, another loss of thirty-four millions, resulting, incontestibly, and exclusively, from the depreciation of the currency, and making, with the sum lost by discount, forty-six millions. The only persons who profited by this state of things, were the brokers, money changers or bankers, who obtained a gain equal to the loss of the Government. To this sum, we must add the loss sus- tained by the United States from broken Banks, alone; amount- ing, between 1816 and 1819, to a million and a half of dollars. A great loss, however, resulted from the relative deprecia- tion of paper, at different places; which, with loss of general credit, was sustained by the community in commercial ex- changes. During the years 1815 and 181G, tlie exchange between our different cities varied from 5 to 25 per cent. ; the ordinary premium for specie being from 10 to 20 per cent. The amount oPour domestic exchanges might even then be estimated at not less than two hundred millions of dollars per annum. If we estimate the difference of exchange paid on these, at only 5 per cent, on an average, ihe industrious classes were taxed, annually, ten millions, for the benefit of the Banks and brokers. These effects, and especially their great cause, the sus- pension of specie payments, would not have happened, at the time, had the Bank of the United States been preserved. The exaggerated increase of the State Banks would not have oc- curred. That Bank would, as before, have restrained them within proper bounds, and checked their issues; and would have had the earliest notice of the approaching danger. It would have put the Treasury Department upon its gif^rd; acting in concert, they would have retarded the event; and as the treaty of peace was ratified, within less than six months after the suspension took place, the catastrophe would have been altogether avoided. 387. And now to the contrast. And first, of the soundness and permanency of the currency. WAR ON THE BANK. 231 It is notorious, that specie payments were restored, and have been maintained, through the instrumentality of the Bank. It has, wherever its operations have been extended, effectu- ally, checked excessive issues on the part of the State Banks. These issues, it had caused to be reduced, before the year 1820, from sixty-six to less than forty millions; and since that period has so confined them, that every where the paper of solvent State Banks is convertible into specie, within the lo- cal sphere of its circulation. The manner of this restraint, is in receiving the notes of all solvent Banks, and requiring payment, from time to time, without suffering the balance, due by any, to become too large. On this operation, which requires particular atten- tion and vigilance, great firnmess, with due forbearance, de- pends, almost exclusively, the stability and the permanency of the currency of the country. And, now, as to the uniformity of the currency produced and sustained by the Bank. It is more uniform than any specie currency can be made. In this respect, it has been productive of results more salutary than were anticipated by its most sanguine advocates. No one contemplated, that, the Bank would redeem its bills at any of its offices, other than those by which they should be respectively issued. The in- evitable effect of such a requirement, would have been to compel the Bank to perform the whole commerQial exchanges of the country, without compensation. And yet, the Bank has done, and continues to do, this. The bills of the Bank and of all its branches are invariably and promptly paid, in specie, whenever presented at the offices at which they are payable; consequently, within their respective spheres of cir- culation, they are equivalent to specie. If the Philadelphia merchant have silver, instead of Bank bills, and desires to purchase cotton at New Orleans, he must transport it thither, paying the expense of carriage, including the insurance. This expense constitutes the natural rate of exchange, be- tween the cities, and is the sum the merchant must give as a premium for a bill of exchange, to avoid the trouble and de- lay of transporting his specie. But the bills of the Bank would purchase such bill of exchange at the same price as specie. What we have said of the Philadelphia merchant is true of every other merchant in any place of the Union. Therefore, it the Bank had not reduced the rate of exchange, its bills would be of equal value with silver, at every point, and for every purpose, whether local or general. 232 WAR ON THE BANK. But, the Bank has reduced the rate of exchange to a mere fraction of one per cent, and has equalized the currency throughout the Union. If the whole circulation were specie, the average cost of transporting it from one point to another, would be one per cent., and such would be the price of a bill of exchange transferring the value. But the Bank, for less than one-half per ct, will give a draft, at, and on, the remotest points where it has offices. Or if the merchant prefers to transmit to his correspondent the bills of the office where he resides, although they be not strictly redeemable, at the residence of his correspondent, yet as they are receivable in payment of all dues to the Government, they are negotiable, at par, and are so received by the Bank. In 1832, the exchange opera- tions of the Bank amounted to 241 millions of dollars, trans- ferred at a premium of one-eleventh of one per cent. For all the purposes of revenue, the reception of the Bank bills at the Treasury, gives to the national currency, that per- fect uniformity, thai ideal perfection which, in a country so extensive as ours, a metallic currency cannot attain. A bill issued at Missouri, is equivalent to specie at Boston, and wherever the Bank issues bills, and the Government collects its funds. When, therefore, it is considered, that, the Bank transfers, with scrupulous punctuality, the funds of the Gov- ernment, wherever required, free of expense, it is obvious that it has furnished to the Government and the people, a cur- rency of absolutely uniform value, in all places, for all the purposes of paying the public contributions, and disbursing the public revenue. And when the great amount, more than twenty-five millions of dollars, is considered, it will be per- ceived that a currency absolutely uniform for this operation, must be so for the general purposes of commerce. Upon the whole, it may be confidently asserted, that no country in the world has a circulating medium of greater uni- formity, than the United States, and that, no country of any thing like the same geographical extent, has a currency at all comparable with it, in that respect. 388. Such, then, were the condition and sources of the re- viled Bank of the United States, when assailed by the first Magistrate of the country, and his administration. It had scrupulously fulfilled all the objects of its creation — had raised the currency from a deranged'and unsound state, to uniform- ity and purity ; transmitting the public monies from one point of the Union to another, whenever desired, promptly, and without charge; serving its financial operations, as no Gov- AR ON THE BANK. 233 ernment was ever before served; collecting and disbursing, in the space of thirteen years, more than three hundred and fifty millions of dollars, without the loss of a cent; reducing the exchange, on the most distant commercial operations, to a charge almost nominal, only; in a word, spreading around it, all the blessings which security and judicious aid to the Government and people could give. All which was acknowl- edged and, gratefully, proclaimed, by every officer connected with our fiscal concerns, by the Committees of both Houses of Congress, and by the millions of citizens engaged in pros- perous commerce ; and all which, the Executive proposed to jeopard in the maintenance of an abstract opinion, which had, for years, been repudiated by a large majority of the people. Can men who would thus sacrifice the substantial realities of life to speculative notions, be qualified to guide the destinies of a nation] Or, rather, can it be credited, that such notions form the true motives of any statesman ? 389. There is a power incident to banking institutions, which is susceptible of great abuse. They may control their debtors and their customers, and may be used for political ef- fect. But, in the ordinary, isolated and independent state of these institutions, their number and adverse interests almost annihilate this power. Their stock and their business are distributed throughout the community; and as no one, singly, can affect public opinion, attempts for that purpose have been, consequently, never made. But, a moment's consideration will show, a case wholly different, where many of these in- stitutions in a State, or in the Union, combine, and are di- rected by the will of an individual or of a party. The re- straint upon the dangerous power of each Bank is removed; the dependant upon bank favour cannot seek relief from op- pression, by shifting his account; he has but one mean of ob- taining, perhaps, indispensable pecuniary aid; he must con- ciliate the bank directors, and their favour is to be purchased, only, by his vote and influence in political contests. The possible abuse of this power, by individual Banks, has, by many sound political economists, been objected against their crea- tion ; but, their great use overpowered the objection from pos- sible abuse, until their very number became protection. But, when the Banks combine, the power to pervert their faculties is increased, and the restraint wholly taken away. Amid all the excitements of party, for forty years, no one had conceived the design of combining the Banks, to control the popular voice. No bold and designing politician had ventured upon 20* 234 WAR ON THE BANK. this expedient, until the subtle genius of Mr. Van Buren seized it, in the project of the Safety Bank system of New York. 390. This system, we understand, is not the offspring of Mr. Van Buren's scheming and prolific brain. It was be- gotten, probably, in the purlieus of Wall street, in the com- merce of money changers, who looked to it, only, so far as it regarded themselves, as a pecuniary speculation, but who were fully aware, that the political power it might give would be its best recommendation to -Governor Van Buren When first submitted to him, it was received coldly. His at- tention, as he lay upon his couch, whilst the details were read, was divided between the reader and a newspaper; but when the suggestion was made, that the combined Banks would furnish a power which might, not only check the operations of the Bank of the United States, but might so control that institution as to render it a serviceable engine throughout the Union, instantly, all the energies of the care- less listener were roused. No ear of love-sick girl ever drank with more intense delight the long desired, but unex- pected, love tale. What a prospect was here opened ! The Banks of the State of New York, weak and useless for party effect, in their individual existence, were hooped together, and became, like the fasces, the bundle of banded rods, borne by the lictors before the Roman Consuls, the representative of irresistible power; whilst the Bank of the United States, like a serpent, wrapt all opposing interests in it% folds and crushed them beneath his feet. The project was instantly adopted, cherished, matured, and is now, in New York, in full tide of successful experiment. The State, overwhelmed by a monied aristocracy,, is bound to the car of Mr. Van Buren's ambition. But the beatific vision, which enraptured his sight, could not, be immediately and wholly realized. The Bank of the United States could not be seduced or coerced to min- ister to his unhallowed ends. The attempt to influence it was not omitted, and the war upon that institution, which has ensued, so disastrous to the country, but so beneficent to the dominant party, is to be ascribed to Mr. Van Buren. Let us not be misunderstood. We do not aver that Mr. Van Buren openly recommended this safety fund system to the Legislature. On the contrary, with his characteristic caution, he refrained from this; submitting it as the offspring of a man of talents, worthy of the consideration of the Leg- islature. It was at first not favourably received. But, when WAR ON THE BANK. 235 he was transferred to the Department of State, at Washing- ton, tlie measure, under the auspices of his Lieutenant Gov- ernor, was urged upon the Legislature, as an executive re- commendation, and the members were, emphatically, told, that its adoption would gratify the ex-Governor. By this policy, Mr. Van Buren might attain the benefits of success and avoid the mortification of failure, or if the consequences of the scheme proved pernicious, the odium of its origin. 39L The safety fund act, passed in 1829, requires, that all Banks thereafter incorporated, should pay, annually, for six years, one-half per cent., equal to a contribution of three per cent, upon their respective capitals — to remain the property o£ such Banks respectively, but to be vested under the direction of the Comptroller of the State, in productive stocks, subject to the payment of the debts and losses, accruing to the commu- nity from insolvent Banks, — thereby, making the combined Banks mutual assurers for each other, uniting them in such manner, that the whole may be moved by the same impulse, and operate irresistibly upon all other Banks in the State. Three commissioners preside over this monster; one ap- pointed by the State, the others by the Banks. These are visiters of all the Banks of the association ; on the sugges- tion of one of whom, the Chancellor of tlie State is required, by injunction, to stop the proceedings of a Bank, and unless cause be shown to the contrary, to subject it to the pains of insolvency. This power, unconnected with politics, may have little danger, may be, perhaps, useful ; but in the hands of politicians, and in the condition of most country Banks, especially, in New York, may, and does, make the Banks, connected with the system, the subjects of party influence. The Safety Fund combination, is hostile to the Bank of the United States, essentially; for that institution circumscribes the issues of the minor Banks, and discounting at six per cent, compels the State Banks to reduce the rate of interest, which, by the law of New York, may be seven per cent,; or to take the refuse paper of commerce. In the language of Shy lock, these Safety Fund Banks might exclaim, in relation to the Bank of the United States, "Were he out of Venice, I can make what merchandise I will." It is said, that Gen. Jackson always denied the constitutional power to create a Bank; and that on this ground is based, his hostility to the present institution. But to this hour, such denial does not appear by any official document; and many favourable opportunities have been suffered to pass without the disclosure 236 WAR ON THE BANK. of such an opinion. Certain it is that he has advocated the extension of its branches; has solicited and obtained the estab- lishment of one, at Nashville, and sought, unsuccessfully, the location of another in Florida. We are assured, that it was proposed by himself, or what seems more to the purpose, by the inferior council which guides him, to include, in the con- gressional message of December, 1829, a recommendation of the recharter of the Bank. But this committal was averted by the influence of Mr. Van Buren, who believed it could never be retracted, and that the safer policy would be, to in- timate to the institution impending danger, which submission might avert. The attempt had been made to convert the Bank into a political engine, and though it had been repelled, the design was not abandoned. 392. Soon after the election of General Jackson, a meeting was held, in Washington, of the principal chiefs of the party, to consider of the means to perpetuate their authority, of which, possession of the Bank was among the most prominent. The first manifestation of their purpose was, in June, 1829, by an attempt (supported by Mr. Woodbury, then a Senator and since Secretary of the Navy, and now Secretary of the Treasury, and by Mr. Isaac Hill, late editor of a violent Jackson journal of New Hampshire, then unconfirmed Comp- troller of the Treasury, and now a Senator of the United States) to coerce the Bank, to remove the President of the Branch Bank, at Portsniouth, upon party grounds. This attempt was countenanced, if not, fully participated in, by Mr. Ingham, Secretary of the Treasury, who undertook to give the Bank, "the views of the administration in relation" to the appointment.' Upon these extraordinary instances, the Bank deemed it necessary to extinguish, if possible, at once, the hope of con- verting it into a party agent. The President of the institu- tion, therefore, distinctly announced to the Secretary of the Treasury, that, the Bank rightly apprehended his views, and that it became his duty to state in a manner so clear as to leave no possibility of misconception, that the Boards of Di- rectors, of the Bank and of its respective branches, acknow- ledged not, the slightest responsibility, to the Secretary of the Treasury, touching the political conduct of their officers; that, being a subject on which they never consult, and never wish to know, the views of any administration; That, for the Bank, which has specific duties to perform, and which be- longs to the country and not to party, there was but one WAR ON THE BANK. 237 course of honour and safety: That, whenever its duties came in conflict with the spirit of party, it should not compromise with it, nor capitulate with it, but, openly and fearlessly, re- sist it: That, in this, its interests concurred with its duty, as it would be found, at last, that, the best mode of satisfying all parties was to disregard all." Notwithstanding^ this decisive rebuke, there lingered in the bosom of Mr, Van Buren a hope, that the Bank might yet be constrained to submission, or he dreaded to make upon it a resolute and unequivocal attack, before the party had been thoroughly prepared to sustain it. Whilst, therefore, the presidential message of 1829, struck a dreadful note of prepa- ration for danger, it reserved a locus 'pcenitenlicc, a place for turning; and such continued the policy of the party tor three years. 893. In the President's message to Congress, of December, 1829, he is made to observe : " The Charter of the Bank of the United States expires in 1836; and its stockholders will, most probably, apply for a renewal of their privileges. In order to avoid the evils resulting from precipitancy, in a measure involving such important principles, and such deep pecuniary interests, I feel that I cannot, in justice to the par- ties interested, too soon present it to the deliberate considera- tion of the Legislature and the people. Both the constitu- tionality and the 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 currency." In this there is no committal on the constitutional power of Congress to create a Bank. The Executive does not even express his conviction, that the law creating the present Bank is unconstitutional or inexpedient ; but he intimates the doubts of others, and his own reserve upon the subject. The paragraph assumes the character of precaution, for the inter- ests of the parties, while it threatens the Bank with possible danger. The message of 1830 is more explicit of the views of the administration. " Nothing has occurred," says the President, " to lessen, in any degree, the danger which mayiy of our citizens apprehended from that institution, as at present or- ganized. In the spirit of improvement and comproinise which distinguishes our country and our institutions, it be- comes us to inquire, whether it be not possible to secure the advantages afforded by the present Bank, through the agency 238 ' WAR ON THE BANK. of a Bank of the United States; so modified in its principles and structure, as to obviate constitutional and other objec- tions." Still, not a doubt is expressed of the constitutional power of Congress. But the existing Bank is distinctly ap- prized of the design of the administration to prostrate it, and to establish another, modified on principles which would obviate the objections of the President to it. Though the non-committal hand of Mr. Van Buren be visible here, there is a clear admission of the right of the Government of the United States to incorporate a Bank, with an expression of a disposition to make one, suitable to the views of those now directing the affairs of the nation. The subject is very briefly treated in the message of De- cember, 1831, thus: "Entertaining the opinions, heretofore, expressed, 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." To disclose v;hat J That, the constitutionality and expediency of the law creating the Bank, was doubted, (not by the administration, but) by a large por- tion of our fellow citizens — that many of our citizens appre- hended danger from that institution, as at present organized. There is evidently a door kept open for retreat, and, liad the Bank proven itself sufficiently docile and obedient, a very in- considerable change in the provisions of its charter might have made it, the present Bank, constitutional and expedient; and the many citizens, who were conjured up to doubt or ap- prehend, would have been annihilated with the same magic wand that had called them into being. 394. The administration foresaw, and events soon made it evident to all, that, the nation was not prepared for the ex- tinction of the Bank, when the design against it was first con- . ceived. The first attack was repelled at every point. The Committees of both Houses of Congress reported in favour of the existing Bank. The Committee of Ways and Means, dis- tinctly put, and ably maintained, the following propositions: 1. That, Congress had the constitutional power to incorporate a Bank, such as that of the United States: 2. That it is ex- pedient to establish and maintain such an institution; and 3. That it is inexpedient to establish a national Bank, founded on the credit and revenues of the Government. Thus rebuked and instructed, a decent respect for the Le- gislature required, that the President should have left the subject to them and the people, until he was called to act upon it, officially. But this course did not quadrate with the WAR ON THE BANK. ' 239 views of the parly — of Mr. Van Buren. The nation, if suf- fered to discuss it, solely, as a question of public policy, would, it was feared, recognize and pursue its true interests; and, in due season, recharter the Bank, and mar forever the de- sign of the administration to engross and wield the money- power of the country. An appeal was, therefore, made from the councils of the nation to the Jackson party, who were termed the people. It was with this view, and certainly with no hope of legislative action, that the President, in December, 1830, brought the Bank question agaii? before the same Con- gress; and with the same view it was again agitated before a new Congress, in 1831. 395. At this session, the Bank, which for three years had been invited to a discussion of its claims, applied to Congress for the renewal of its charter. And, strange to relate, this application is charged by the President, in his cabinet com- munication of 18th September, 1833, as having been designed to make it a leading question in the election of a President of the United States. Was it the design of the President, in calling, so repeatedly, the attention of the Congress to the subject of the charter, to make it a political question 1 Sure- ly, then, the Bank might seek the arena, in which the ques- tion must be debated. Was it to obtain a decision of Con- gress against the charter, six years before it would expire ! If so, there was no impropriety in the Bank submitting the question, in a form that could not be evaded, only four years before the expiration of the charter. The reasons which could render it proper and expedient tor the President, on ihe part of the nation, to obtain an early decision, upon this mo- inentous subject, were equally operative upon the Bank when acting for itself and the country. 396. Charges had been made against the propriety of the conduct of the Bank, into which, the moment, when it asked for a renewal of the charter, was the proper one for inquiry. A committee of investigation was appointed by the House of Representatives; and the eifect of their reports, after the full- est'examination, was the passage of a bill, from the Senate, rechartering the Bank, by a vote of 107 to 85. Thus, the test which the President affected to seek, the public opinion towards the Bank, was applied, and the institution was fully approved, by the only tribunal of the country competent to judge it. Had the vote upon the Bank bill been taken, solely, upon its merits, unprejudiced by party, it is notorious, that there would have been a majority of two-thirds, in each House, in favour of the bill. 240 WAR ON THE BANK. 397. But the hostility of the President to an institution which had refused to become the tool of his party, grew in- appeasable, as its submission became hopeless. The veto power was ag-ain invoked, and used, not upon constitutional grounds, but upon those of expediency; upon which the sense of the President was again opposed, triumphantly, to the congregated wisdom of the nation. In his extraordina- ry message of 1832, he declared : "A Bank of the United States is, in many respects, con- venient for the Government and useful for the people. En- tertaining this opinion, and deeply impressed with the belief, that some of the powers and privileges possessed by the ex- isting- Bank are unauthorized by the Constitution, subver- sive of the rights of the States, and dangerous to the liber- ties of the people, I felt it my duty, at an early period of my administration, to call the attention of Congress to the prac- ticability of organizing an institution, combining all its ad- vantages and obviating these objections. I sincerely regret, that, in the act before me, I can perceive, 77one of those mod- ifications of the Bank charter, xchich are necessary, in my opinion, to make it compatible with justice, ivith sound poli- cy, or with the Constitution of the country.''^ * * a That a Ba7ik of the United States, competent to all the duties which may be required by the Government, might be so or- ganized, as not to infringe on our own delegated powers or the reserved rights of the States, I do not entertain a doubt. Had the Executive been called upon to furnish the project of such an institution, the duty would have been cheerfully performed.'''' 398. In another portion of this extraordinary production, which, though compiled by many hands, bears the impress of the imperiousness of the President's disposition, we behold, a new assumption on the part of the Executive. "The Bank," it says, "is professedly established, as an agent of the Execu- tive branches of the Government, and its constitutionality is maintained on that ground. Neither upon the propriety of present action, nor upon the provisions of this act, was the Executive consulted. It has had no opportunity to say, that it neither needs, nor wants, an agent clothed with such pow- ers and favoured by such exemptions. There is nothing in its legitimate functions which makes it necessary or proper. Whatever interest or influence, lohether public or private, has given birth to this act, it cannot be found either in the wishes or necessities of ihe Executive Department, by which WAR ON THE BANK. 241 present action is deemed premature, and the powers conferred upon its agent, not only unnecessary, but dangerous to the Government and country." By the Constitution, the President has the power to recom- mend to the consideration of Congress such measures as fie may deem necessary or expedient, and may veto the bills which Congress may pass. But wiience does he derive the right to initiate legislative measures] This is, indeed, to as- sume all legislative power; to concentrate it, in its com- mencement and termination; and, if permitted, would render useless the election and annual sessions of Congress. This initiation of the laws is a relic of monarchical power, which absolute princes most reluctantly surrendered. Without the right to initiate laws, it is obviously impossible for the people to attain the great end of government, the establishment of their happiness. Every enjoyment flowing from legislation, must be the grant of executive favor. But to make consul- tation with the Executive, a pre-requisite to the non user of the veto power, is to take from Congress the effectual right to begin any legislative measure. 399. But there is another very extraordinary feature in the extract we have last made from the veto on the Bank bill. The advisers of the President, have made hirn assert, that, neither the wishes nor necessities of the Executive Depart- ment required the continuance of the Bank. Now the Trea- sury Departrnent is claimed by the President as an executive department; and the proper organ of that department, the Secretary of the Treasury, at the commencement of this very session of Congress, urged upon the Legislature, not only the necessity of a Bank, but the renewal of the charter of the existing Bank. Never did any administration, in any coun- try, display, greater inconsistency, than exists between th^ annual report of the Secretary of the Treasury and the veto messao-e. The President denies the constitutionality of the existing charter, and assumes the right, though the Supreme Com and Congress have passed upon that question, to support tlie Constitution only as he understands it, and not as has been settled, by all the constituted authorities of the land. Mr. McLane replies, iu the very teetii of this unwarrantable as- sumption, " It (the Bank) has, moreover, the sanction of the Executive, Legislative and Judicial authorities, and of a majority of the people of the United States, from the or- ganization to the present time,'''' ■*= * * ^'And it is 6e- 21 242 WAR ON THE BANK. lieved, that in free and enlightened States, the harmont/^ not less than the welfare of the community is best promoted by receiving as settled, those great questions of public pol- icy in which the constituted authorities have long con- curred.^' The President denies the expediency of the Bank ; the Sec- retary says, " The indispensable necessity of such an institu- tion, for the fiscal operations of the Government, in all its de- 'partments, for the regulation and preservation of a sound currency, for the aid of commercial transactions, generally, and even for the safety and utility of the local Banks, is not doubted, and, as is believed, has been shown, in the past ex- perience of the Government, and in the general accommo- dation and operations of the present Bank.'" A^ain: " It ■must be admitted, that the good management of the present Bank, the accommodation it has given the Government, and the practical profits it has rendered to the coinmunity, and the advantages of its present condition, are circumstances in its favour, entitled to great iceight, and give strong claims upon the consideration of Congress, on any future legislation upon the subject.'' And again : " To these may be added the knoioledge the present Bank has acquired of the business and wants of the various portions of this ex- tensive country ; which being the result of time and expe- rience, is an advantage it must, ncccessarily , possess over any new institutioii." The President says, the time allowed to the present Bank lor closing its concerns, is ample, and if it has been Vv'ell managed, its pressure will be light. The Secretary re- sponds: ^^ The facilities of capital actually afforded by the present institution to the agricidi.ural, commercial and inan- ttfact7iring industry of all parts of the Union, could not be toithdrawn. even by transferring them to another institu- tion, ivithout a severe shock to each of those interests, and to the relations of society, generally. 400. But, yet, another feature, which, in arrogance, has never been surpassed. By what right dares the Executive to impugn the motives of the Legislature, to insinuate that the representatives of the people are influenced by private mo- tives, in the performance of their public duties? The inti- mation, that the members of Congress were influenced by private motives in the passage of the act, flowed, doubtless, from the same wanton spirit of arrogance, which, subsequent- ly, induced him to declare, that a majority of Congress had f WAR ON THE BANK. 243 been purchased by the Bank. Had not every sense of na- tional dig-nity been merged in the interests of party, means would'have been found by the Legislature to have made the Executive repent of this daring and unparalleled insult. 401. Altliough the flood-gates of party violence had been opened upon the Bank, in its corporate capacity and upon its officers, individually, and its acts had been grossly misrepre- .sented by the members of the party, in Congress, by its hun- dred presses and by its orators in the primary meetings of the people, the administration had not yet ventured to make any definite charge of misconduct against the institution. But the voice of the nation, so far as it could be, legitimately, known, was favourable to the Bank. Vague charges of mis- management had not rendered the people adverse to the in- stitution; measures of more direct nature were deemed necessary, and the desperate and damnable charge of insol- vency was preferred against it, by the President of the United States, and I\Ir. McLane, Secretary of the Treasury, in De- cember, 1832. Never did party resort to a more false and more reckless denunciation. Had there been any ground to doubt, the sol- vency of the Bank, ordinary and honest regard for the rigiits and reputation of others would have restrained their publication until actual inquiry had confirmed them. Had a responsible individual, in private life, thus attacked the commercial credit of an established house, the merchants upon 'Change would have withered the calumiator with their abiding scorn, and the courts of justice would have branded him as a slanderer, and have taught him discretion, at the cost of half his sub- stance. Surely, the laws of morality are not less obligatory upon the first functionaries of the nation. At the very moment these official slanders were written, an agent, delegated by the Treasury, was investigating the actual condition of the Bank ; and, a few hours after the sland- ers were promulgated, reported, in the most unqualified terms, upon its solvency, showing that "the liabilities of the Bank amounted to $37,296,950 20, and the fund to meet them to $79,593,870 97: making an excess of $42,296,920 77."!!! What other Bank could have withstood such an assault? If, in England or France, such a blow had been stricken by the Government, against the national Bank, it must have been ruined. But Congress, upon this, as upon previous occasions, did justice to the Bank ; reproving the calumny against it, by a vote of the House, 109 to 46, declaring " that the govern- 244 "WAR ON THE BANK. ment deposits may, in the opinion of the House, be safely con- tinued in the Bank of the United States." Subsequent events have demonstrated, that, the pu^ose of the administration, in making this groundless and unprinci- pled charge, was to obtain unrestrained power over the trea- sures of the nation, by the intervention of Congress. Had not a presidential election been pending, it is probable, that, this intervention would not have been sought, but that, the bold measure, subsequently pursued, would have, then, been resorted to. When the re-election of President Jackson, was ensured, the sense of the nation, so lately, and so unani- mously expressedjupon the solvency and, efficiency of theBank, was openly contemned and derided, and the representatives of the people denounced, by the President, as corrupted by the institution. Let us suppose for a single instant, that, the constitutional King of England or France, should thus insult tlie representatives of the nation. Does any doubt, who is familiar with the regenerated spirit of these countries, that measures would be taken to compel more respect and consid- eration for the people'? Yet our Congress, swayed by a party devoted to the Executive, has pocketed the reproach, lias fawned upon the foot that spurned it. With the conviction thus felt and expressed, that on this subject the opinion of Congress was, and w'ould be, against him, the President re- solved upon a coup d'etat, a bold violation of law, by which the public treasure should be taken from the legal depositary and put, absolutely, at his discretion. A measure, that would have been productive of insurrection in any other free coun- try on earth, but which has been borne by the American peo- ple, in the confidence that the salutary power of the elective franchise would furnish redress. CHAPTER XVII. WAR ON THE BANK CONTINUED SEIZURE OP THE PUB- LIC TREASURE BY THE EXECUTIVE. 402. Among the prominent objects to be attained by a Bank of the United States — was a safe and convenient depositary for the public funds. The first Bank, incorporated 25th of February, 1791, furnished a safe place of deposite almost as soon as the Government had a dollar to guard ; and, though not required by law, it became and continued, the depositary, with inconsiderable exceptions, until its extinction, in 1811. Upon^that event, the public funds were deposited, wherever, the Secretary of the Treasury deemed most convenient. TJie right so to do, is derived, by implication, from the acts of 1789 and 1792, authorizing the Secretary to superintend the collection of the revenue, and to direct the superintendence of the collection of the duties on imports and tonnage, as he shall judge best. A wider power, obtained from construc- tion, is not to be found under our Government; nor, as events have shown, is there any susceptible of greater abuse. The single-mindedness of Mr. Madison, which admitted no idea of personal or party interest to mingle with his patriot- ism—the integrity and intelligence of Messrs. Gallatin, Dal- las and Crawford, which left no doubt of the purpose, for which they used their powers— the war of 1812, which, gave superabundant employment, to all departments of the Govern- ment, prevented inquiry into the legality of power, which, if, unwarrantably, assumed, had not been abused. When that war, so disastrous to the finances of the country, impos- ing upon it the pecuniary burdens which have just been re- moved, in consequence of the want of a national Bank, was terminated, a proper and safe depositary was provided by laio for the public funds in the present Bank, in nine-tenths of the places where they are accumulated. For their disposition, in the remaining tenth, there seems to have been little regard ; and they may have been supposed, in the custody of the pro- per officer, the Treasurer, 403. The act incorporating the Bank of the U. States, sec- tion 15, provides, that, during the continuance of the act, and 21* 245 246 "WA-R OM THE BANK — SEIZURE OF PUBLIC TREASURE. whenever required by the Secretary of the Treasury, the Bank should give the necessary facilities for transferring the public funds, and distributing them, in payment of the public creditors, without charge, and should also perform the duties of commissioners of loans. By section 16, the deposits of the money of the United States, in places, where the Bank and branches maybe estab- lished, are to be made in the Bank or branches, unless the Secretary of the Treasury shall, at any time, otherwise or- der and direct; in which case, he is required, immediately, to lay before Congress, if in session, and if not, immediately, after the commencement of the next session, the reasons of such order or direction. And by section 20, in consideration of the exclusive privileges and benefits conferred by the act, the Bank agrees to pay, to the United States, one million and a half of dollars. From these provisions, it is apparent, tliat the Bank pur- chased, from the United States, the right to have the deposits of the public money during the continuance of the charter, an advantage equal to a loan of eight millions, without inter- est, for which it paid a consideration in money and services; subject, however, to the condition, tliat, the Secretary of the Treasury might, at any time, otherwise direct. It becomes, therefore, necessary to inquire, what is the nature of this con- dition. This controlling power was given for extreme cases, only, and for cases touchino' the conduct of the Bank. It could not be, that the Bank should consent to pay a large consideration for a privilege, whose duration would depend upon the favour of an individual, or upon events, in which it had no part or interest. The power of the Secretary of the Treasury was limited, by principles of justice, and its exercise must be pre- dicated on some cause affecting the safety of the public mo- nies in the Bank or their distribution for the public service. 404. We have seen, that, such cause for action against the Bank did not exist, and that, its non-existence had been pro- claimed by Congress when the safety of the public monies in the Bank had been submitted for their consideration. Reso- lute to obtain the absolute control of the Treasury, the ad- ministration assumed higher ground, overlooking all consid- erations of contract, all legislative provision for the security of the revenue, and giving to the Secretary of the Treasury, possession of tiie funds, whenever, in his opinion, " the gen- eral interest and convenience of the people required it. WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. 247 Thus authorizing the Secretary, and, as we shall see, here- after, the President, to dispense at pleasure with the laws, the grievous assumption of power in the Stuarts, and which brought the ill-starred Charles I. to the block. This resolu- tion was adopted, with a hardihood for which modern times have no parallel, at the moment when the determination of Congress against the measure was made known. 405. From the time of Washington, the heads of the ex- ecutive departments have formed a cabinet council, whose members the President consults, either singly or together. By the Constitution, he may require their opinion in writing. So uniform has been the practice of advising with them, that, although the President is under noobligation to consult them, an opinion prevails, that they form, and they are, frequently, called, his constitutional advisers; and the case was an ex- traordinary one, which was not resolved by the sense of the majority. Their situation renders them responsible to the country ; and their influence is, therefore, the safest which can be exercised over the Ciiief Magistrate. President Jack- son, however, upon evidence incontrovertible, has submitted himself to advisers of another and less responsible class; who, from their residence in the palace, have been denominated the Kitchen Cabinet. Devoted to the succession of Mr. Van Buren, they may be considered the guardians whom he has established around the Chief Magistrate, to protect his inter- ests and promote his views. In this secret council have the most important measures of the President originated. The members of the Cabinet proper, since the retirement of Mr. Van Buren, are, occasionally and formally, consulted; but they are content, it seems, with the honours and emoluments of office, whilst, in the estimation of the country, their most important duties ai*e performed by irresponsible persons, who possess the confidence, if not the place, properly belonging to them. Whilst Mr. Van Buren was a member of the admin- istration, no formal meetings of the Cabinet Council were holden. The established practice of every preceding admin- istration was abolished, and the secret machinery of political intrigue was put into successful operation, worked by the skill of the master spirit behind the curtain. No board of consult- ation around the green cloth was held, where each member was required to unfold his sentiments, freely and frankly, of men and measures connected with national policy. Every effort made to restore the ancient usage of Cabinet Councils, by the devoted friends of General Jackson, was repelled with 248 WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. indignation, and the interposition ascribed to personal hostil- ity to the Secretary of State, whose selfish policy would have been therein detected, exposed and defeated. 406. The Cabinet Council to whom the President communi- cated his purpose of removing the government deposits from the Bank of the United States, disapproved of it, and Mr. McLane, the Secretary of the Treasury, the indispensable agent in the business, refused to give the order, and remon- strated, it is said, earnestly and ably, against it. But the ad- vise of the secret Cabinet prevailed. Mr. McLane was trans- lated to the office of Secretary of State, vacated by the ap- pointment of Mr. Livingston to the French mission, and Mr. William J. Duane, supposed to be of more ductile metal, was nominated Secretary of the Treasury. The low estimate which had been formed of the independ- ence of this gentleman's character, proved erroneous. Though inexperienced in x)ffice, he lacked neither the firmness nor in- telligence which his place and the occasion required. Be- lieving that the President really thought the prostration of the Bank would be another victory of which he might be proud, and that he teas stimulated to consider any means justifiable to attain that end, he resolved to interpose between him and those who were impelling him in his rash career. He, reso- lutely, refused to direct the deposits to be withdrawn from the Bank, upon the grounds, that, the measure was extreme and arbitrary, — unauthorized by law, — and inexpedient. 407. To Mr. Duane, the President distinctly averred, that his hostility to the Bank was of a party character. " Circum- stances," the new Secretary said, "came to his knowledge which induced him to believe, that the removal of the deposits was not advocated with any view to public utility, but urged to accomplish selfish, if not factious, purposes;" and that, an in- fluence existed, at Washington, unknown to the Constitution. "I knew," he observed, "that, four of the six members of the Cabinet, before I became a member of it, had been opposed to any present action, in relation to the deposits ; and I also knew that four of the six members of the existing Cabinet entertained the same views. 1 felt satisfied, not only, that, the President was not in the hands of his constitutional ad- visers, but that their advice was successfully resisted by per- sons whose views I considered at variance with the public interest, — and the President's fame." In breaking the inten- tions of the President, Mr. Reuben M. Whitney, the con- futed and disgraced witness before the Bank Committee of WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. 249 1831, was the President's agent, and Mr. Amos Kendall the expositor of his views. Now tliis testimony, of the President's unfitness for his sta- tion, of the Chief Magistrate of the Union, being in the hands of a selfish cabal, comes from an unwilling witness; from one who had been an original Jackson man, who had been, and still is, a devoted party man, who is not only the enemy of the Bank of the United States, but of all incorporated Banks, and who has the great merit of sacrificing his personal predi- lection, his part}'- feelings and his prejudices, to his sense of justice and the public welfare. The testimony of such a witness upon such a subject, ought to be conclusive. Mr. Duane communicated his opinions to the President, with his regrets that he could not view the proposition to remove the deposits in the light which the President saw it; and sug- gested recourse to an inquiry by Congress, or to the judiciary. The President commended the frankness of the Secretary, as one may, from politeness, an unpalatable wine; observed that the matter under consideration was of great importance; " that unless the Bank was broke)! down, it would break its (the administration) down; that if the last Congress had re- mained a week longer in session, tico-thirds would have been secured for the Dank, by cornqH means; and that the like result might be apprehended at the next Congress; that such a bank agency nmst be put in operation before the meet- ing of Congress, as would show, tiiat, the Bank of the United States was not necessary, and that thus some members would have no excuse to vote for it. As to the Judiciary, resort to it would be idle, as their previous decisions sufficiently in- dicated future ones," Whilst on his northern tour, the President, by a letter from Boston, of June 25, 1833, expressed to the Secretary his opinion that he (the Secretary) would be wisely exercising the discretion conferred upon him by law, by directing the deposits to be made in the State Banks, from and after the 15th September, if arrangements, to be made with them, should be then completed." He added, " It is not my inten- tion to interfere with the independent exercise of the discre- tion committed to you by law, over tlie subject." This as- surance, which recognized the riglit of the Secretary, as ex- clusive and independent of the President, relieved the anxiety of that oflicer, whose self-complacency had been not a little disturbed, and he complied with an invitation from the Presi- dent, to give him his sentiments frankly and fully. 250 WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. In this exposition the Secretar}' urged — the contract which the law had made with the Bank; — the confidence which Congress had but a few weeks before expressed in its solven- cy and its faith, — particularly by the act authorizing the loan to it of nearly one niillion of dollars, the first instalment un- der the French treaty, without security, — the want of au- thority in the Secretary to deposit the public monies else- where, and to contract for their dis})osition and preservation — his inability to assign to Congress satisfactory reasons fur such conduct — the folly of making rash and unwarranted ex- periments on so important a matter — the great probability that such an experiment would be indignantly interrupted by Con- gress — and the great injury which must necessarily result to the commercial commr.nity, by the derangement of the cur- rency which would follow tJje deed. These considerations iiad been all submitted to the President, in vain, by the pre- ceding Secretary ; and the paper containing their recapitula- tion, by Mv. Duane, was presented to the President on the 12th July. He displayed, in several interviews, much dissatisfaction with his refractory subordinate; but, at length, asserted, that, he wanted inquiry only; that, the Banks migiit not agree to the only plan he thought safe, that of mutual guarantee ; (a second Now York Safety Fund) — that information ought to be obtained, even for Congress, and the Secretary ought to co-oporate in collecting it; that he was desirous that Mr. Kendall should make inqtiiries; and that they miglit remain uncommitledy (Mr. Van Bitren again} until after a consid- eration of the questions, that wore connected with the de- positary. 408. Mr. Duane was, thus, induced to prepare instructions for Mr. Kendall. During- this labor several modifications were proposed and enforced by the President. The cover of " in^ quiry only,''' which had been assumed to amuse the Secreta- ry, was abandoned, and he was distinctly told, that, "the great object to be ascertained was, whether the State Banks would ao-ree to become the agents of the Government on the terms proposed; that if they would, then they would be sub- stituted for the Bank of the United States, as the fiscal agent. With this undisguised declaration of purpose came a very in- telligible threat, to the Secretary, of dismissal. And as the robes of office, like the shirt of Nsessus is not easily torn from him who once indues them, the Secretary " consented to give up the oftensive paragraphs; and after reiterating his WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. 251 opinions, promised, that when the moment for decision, after inquiry and discussion, should arrive, he would concur with the President or retire." This promise was considered by the President as removing every obstacle from his course. The instructions as furnish- ed by the Secretary were unhesitatingly altered in many es- sential particulars ; the direction to collect information was stricken out, and the agent empowered to propose or accept new plans. Still, they were signed by the Secretary in the belief " that the President would be undeceived ; and that the time of the meeting of Congress would be so closely ap- proximated, ere a suitable inquiry could be made, as to ren- der any action by the President altogether indelicate and improper^ He signed the instructions though he had at- tained a clear conception of the true nature of the service re- quired of him, which ho assures us, " was not to substitute one fiscal agent for another, but to pervert a power reserved by law for the public protection, into a weapon to punish the legitimate fiscal agent, at such time, and in such manner, as to evade legislative and fiscal action." But he signed them, lie says, to prevent the execution of a scheme, which he be- lieved would be detrimental to the country, and to the Presi- dent himself. 409. The result of this farcical inquiry is thus stated by the Secretary: "The plan of Bank agency, deemed by the President the only safe one, had been almost, unanimously, rejected by the State Banks. The materials from which tlie condition of the State Banks, was to be ascertained, were very imperfectly furnished. No inquiry beyond that, which resulted in the agent's report and correspondence, was, to my knowledge made. Nor was there any discussion, in my pre- sence, or otherwise, to my knowledge, as to the agent's re- port, and correspondence, or any plan of State Bank agency. If any member of the administration understood what was to be the system of future fiscal operations, I was not that per- son, although, I attentively, read all that was submitted. Yet it was into this chaos, I was required, precipitately, to plunge the fiscal operations of the country at a moment when they were conducted by the legitim.ate agent, with the utmost sim- plicity, safety and despatch." When it was known, early in September, that the Secre- tary persisted in his refusal to remove the deposits, some members of the Cabinet sought a middle course ; asking him to bay, whether he would fix a day on which to remove them, 252 WAR ON THE BARK — SEIZURE OF Pt'BLIC TREASURi;, after the meeting of Congress, should that body not act upon the subject] This query supposed, the resolution of the Ex- ecutive to control the public funds, not only, without the au- thority of Congress, but, even against the repeated expression of its will ; and supposes, too, a claim to power, quite as broad as the President afterwards set up in his protest to the Senate. The Secretary refused to fix a day; but consented to remove the deposits, in case Congress desired it; and again stated his readiness to retire, as soon, as the President expressed his preference for that course. 410. The famous Cabinet Council of the 18th Sept., 1833, was convoked, before which the President laid an exposition of his views, as submitted for the consideration of the Secre- tary. From these views, four members dissented. Of the doctrines of this document, we shall not now speak, at large, since they were prepared and adopted by the successor of Mr. Duane, and reported to Congress as his reasons for removing the deposits. This memorable paper closes with the follow- ing paragraph. " The President again repeats, thai 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 sacrifice of opinion or principle. Its responsibility has been assumed, after the most mature deliberation and reflection, as neces- sary to preserve the morals of the people, the freedom of the press, and the purity of the elective franchise, without which, all will unite in saying, that the blood and treasure expended by our forefathers, 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 first day of October next, as a period proper for the change of the deposits, or sooner, provided the necessary arrangements with the State Banks can be made." We have seen that the President admitted that an inde- pendent discretion over the subject was committed to the Sec- retary by the law. But we now behold him assuming the responsibility and controlling that discretion by the pain of dismissal from office ; and asserting, on principles which we shall consider hereafter, a right to direct every officer in the Government, in the performance of his duties, by which all become his creatures and tools, and are rendered responsible to him, and not to the law. 411. The decision of the Secretary was hastily and indeco- WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. 253 rously pressed; the time required for the preparation of a de- fensive paper was refused him, and the determination to re- move the deposits was authoritatively published on the 20th September; thus offering to him a gross indignity, as an offi- cer and a man. On the 21st, he announced to the President his resolution not to carry his directions into effect, nor, vol- untarily, to withdraw from the post, which the law had placed in his charge; conceiving that the latter was warranted by the affront he had received, and his duty to the public, wliicli required him, until expelled, to place himself between the President and his purpose. On the 23d, he w'as formally and rudely dismissed. Mr. Taney, who had sustained the views of the President, w^as named his successor. Thus was perpetrated, in the most vindictive spirit, the most naked and reckless act of power which our annals have recorded. The sense of Congfress scorned — its members de- famed — the solemn contract with the Bank annulled — the public treasure torn from the legal depositary — the national currency unsettled — and bankruptcy and ruin widely spread over the land. 412. The eiTects of this measure upon the public prosperity, which had been predicted by all who thought regardfully upon the subject, were soon apparent. The shock upon public credit, like the earthquake, was wide and instanta- neous. At the moment it was given, the general business of the country was in a state of high tension. The capitalist and the operator had boundless confidence in each other; the Banks had extended their loans to the utmost bounds of safety; the merchant and the manufacturer were employing* their proper and their borrowed funds in enterprizes commen- surate in extent with their pecuniary facilities and requiring the continued and uninterrupted use of the capital invested. In this condition any cause producing the sudden withdrawal of the accustomed accommodation, necessarily produced great embarrassment and distress. The removal of the deposits created apprehensions of dan- ger, immediately, to the Bank of the United States itself, and, remotely, to all the monied institutions and concerns of the country. Retrenchment at all, and rigorous enforcement of its claims at some, points, were presumed indispensable to the safety of the Bank. The extent, being conjectural, was exaggerated. There was communicated every where that uncertainty of the future, which impels every man to seek provision for the coming month, as well as for the passing '22 254 WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE, day. The capitalists, more fearful, perhaps, than men of less wealth, withdrew their funds from circulation. Men saw that the relations between the Government and the Bank were, thenceforth, to continue hostile; that, between it and the substituted Banks, they were to be those of mistrust ; and that, without a National Bank, the stability and safety of the whole monetary system of the country would be endangered. As a political measure, the attack was alarming, being made in defiance of a solemn vote of the late Congress, at their last session ; and, as if with the intention to forestall the opinion of that which must meet within sixty days after the interference was made ; and as if to encroach upon its legiti- mate rights. It was appalling to men of business, who rely for the success of their operations on that stability of those of the Government, which can only be guaranteed by law, un- expectedly to discover, that the commerce, the currency, and the monied institutions of the country, its credit, and their own credit and fortunes, were, thenceforth, to depend on the private opinions, the presumed wisdom, and the arbitrary will of one man. Minor causes increased the apprehensions, and restricted more and more the use of private capital and pri- vate credit; and the alarm became a panic, not dependent upon, or to be explained as a matter of ordinary reason. The Banks, indeed, (with soms few exceptions) protected by the impossibility of exporting specie without loss, preserved their credit, and were enabled, generally, to continue, in some measure, their usual accommodations. Private credit was most deeply affected; and the leading feature of the distress was the consequent interruption, and, in many cases, cessa- tion, of business. The importers diminished, greatly, their orders and their purchases of foreign exchange, which, for the first time, for many years, was at a discount. The intermediate wholesale merchants, fearful to contract new engagements, were anxious, only, about the remittances necessary to discharge those already contracted. Those engaged in the exportation of the produce of the country, doubtful whether they could sell foreign bills, on which that exportation depends, gave but limited orders. The country merchants and the manufacturers were no longer per- mitted to draw, in advance, on the cities, for the products of the soil or of their industry. New enterprizes and engage- ments of every description were avoided ; and in many in- stances, workmen were discharged, or a reduction of wages required. The actual evils were aggravated by general ap- WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. 255 prehension; but the alarm could scarce be greater than the true state of things justified. 413. In his message to Congress, December, 1833, the President, thus communicated his proceedings in relation to the Bank. " Since the last adjournment of Congress, the Secretary of the Treasury has directed the money of the United States to be deposited in certain State Banks, desig- nated by him, and he will immediately lay before you his 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 department the propriety of taking this step." Professing great respect lor the other branches of the Government and more particularly the House of Representatives, he apologizes for this measure so direct- ly against the sense of the last House, by saying, "the change in the deposits which has been ordered, has been deemed to be called for by considerations which are not affected by the proceedings referred to, and which if correctly viewed by that Department (the 'J'reasury) rendered its act a matter of im- perious duty." This is bitter mockery. The whole subject was before Congress, when by an overwhelming majority, it expressed its confidence in tlie Bank; and no new circuni- stance is pretended to have arisen when "some months before the removal he urged upon the department the propriety of taking that step." But it is in his irresponsible construction of the popular will, to which we have often alluded, that he found countenance for this audacity. "Coming as you do," he says to the Congress, "for the most part, immediately from the people and the States, by (;lection, and possessing the fullest opportunity to know their sentiments, the present Congress will be sincerely solicitous to carry into full and fair effect, the will of their constituents, in regard to this in- stitution. It will be for those, in whose behalf we all act, to decide whether the Executive of the Government, in the steps which it has taken on this subject, has been found in the line of its duty." And whence came the last Congress, but from the people and the States by election 1 And how should the present be more imbued with the sense of its constituents than the past? But the President hoped, nor hoped, in vain, that the present had been more certainly produced by executive patronage, and would be more subservient to his behests. Already he takes care to protest against the jurisdiction, even, of the present Congress over the subject; and instead of justify- 256 WAR ON THE BANK SEIZURE OF PUBLIC TREASURE, ing, to it, the course of the Executive, as by the law, he was through his Secretary of the Treasury required to do, he, notwithstanding the Secretary is about to render his and the President's reasons, appeals to the people to determine wheth- er the Executive has been found in the line of its duty. 414. The report of the Secretary may be viewed under two heads; first, the principles on which he founds his au- thority: and second, the facts by which he endeavours to jus- tify its exercise. 415. The principles are; 1. That the charter of the Bank is a contract, between it and the United States, by which the Bank has agreed, that the power reserved to the Secre- tary over the deposits, shall not be restricted to particular contingencies, but be absolute and unconditional, as lar as their interests are involved in the removal; and that, there- fore, by his act, the Bank was divested of all right thereto, and the nation discharged from the contract: 2. That, Vv'hilst the power of the Secretary over the subject was absolute, that of Cono'ress was divested — Cong'ress having alienated it to him: 3. That, the exercise of his power is not, even in pomt of responsibility to Congress, dependent upon the safety of the deposits, or on the fidelity of the Bank to the Government; but, that it is his right and duty to remove them, if, in his opinion, the removal tend, in any degree, to the interest and convenience of the pubJic: And 4. That, as tlie propriety of removing the deposits was evident, it v.'as, consequently, his duty to select the places of future deposit. 416. I. We have had occasion to remark, already, upon the nature of the contract between the Bank and theGovernnient, but we will add here some further views upon the subject. If the power of the Secretary be absolute and unconditional in respect to the rights of the Bank, it must be absolute and unconditional in all other respects; because if there be any limitation imposed, such limitation is as much for the benefit of the Bank as for the security of the country. The Bank had purchased as a benefit, the custody of the public monies; agreemg that the Secretary should have the power of re- moval; conditioned, however, that, the reasons for its exer- cise should be submitted to Congress, as the final judge of the rio-hts of the Bank and the weal of the nation. If the power of the Secretary, therefore, be absolute and uncondi- tional, it restrains Congress from ascertaining whether the States be injured by the removal, or the rights of the Bank be violated. If the Bank be interested in retaininsf the de- WAR ON THE BANK— SEIZURE OF PUBLIC TREASURE. 257 posits, it must be interested in the truth and the sufficiency ot the reasons assigned for their removal; especially, as such reasons are to be rendered to a tribunal, to which the Secre- tary is amenable and which may reverse his decision. It has clearly an interest in detaining the deposits, and therefore, certainly concerned in the reasons which the Secretary may give for their removal. And the fact, that, he is bound to give reasons, conclusively, shows, that his authority is not abso- lute and unconditional;— for there is no appeal from the deci- sion of absolute power; if it be absolute, its reason, is its will. ±Jut the Secretary is obliged to assign his reasons— and satis- factory reasons too, to Congress. If such reasons be not good, he abuses the discretion reposed in him, violates the contract with tl^ IJank and subjects himself to impeachment. The very effort of the Secretary to secure himself behind this en- trenchment, shows clearly, that he has not confidence in the soundness of the reasons he would adduce. The Secretary seeks protection also under the cover of precedent, furnished by the acts and assumptions of Mr. Crawford ml817; in which, certainly, a power, as extensive as unwarranted, was claimed by that gentleman, over the public funds; namely, to use them in support of the State ^^ I' ^® ^^^^^ observe, if the precedent were admissi- ble, that, Mr. Crawford's case is distinguished from the pre- sent, by the essential feature, that his transfers were made with the consent of the Bank; but the best reply is, that given by the Committee of Congress to whom the subject was re- ferred; yhis was no legal employment of the public funds: was nothing but a gratuitous loan.'' 417. II. But the Secretary avers, that his power is abso- lute and unconditional, because Congress have given to him their whole power, reserving none to themselves, to touch the deposits until he shall have restored their power to them; and he adds, that the power reserved to him under the char- ter IS the same which he previously possessed. This is a begging of the whole question. The Secretary assumes, that he is an independent judge of the whole matter; where- as, he is but the agent of Congress. Hb power is but part of their power, entrusted to him, as their representative i hough he may use it for sufficient reasons, Congress may use it, also, for like reasons. The restraint upon his power IS imposed by the right of the Bank, which is the only re- straint on the power of Congress. If the Bank have no right, upon what ground can the right of Congress be denied ? If on* 258 WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. the power reserved to the Secretary, under the cliarter, be the old power, how can the right of Congress, to control the de- posits be denied, under the charter, if Congress had any right to control them before the charter i The argument of the Secretary goes to the whole extent of asserting, that. Con- gress have abandoned, to the Secretary and the Bank, the public treasure, beyond the possibility of recall. III. The Secretary also assumes, that, his power over the deposits does not depend upon their safety nor upon the fidel- ity of the Bank, but may be exercised, if their removal tend in any degree to the interest and convenience of the public. But the only adequate cause for removal must be one affect- ing the safety of the public monies in the Bank or their dis- tribution for the public service. Such a cause alone directly concerns the subject upon which the power is to be exercised. It is the only one of which the functions of his office and his relations to the Bank authorize and enable the Secretary to judge, and which requires immediate action, without reference to Congress. It is the only one which would justly deprive the Bank of the use of the public monies after having paid for it. It is the only one which Congress could safely submit to the discretion of the Secretary of the Treasury, without aban- doning to that officer the whole scheme of the public policy in regard to a National Bank. "1. A cause that does not directly concern the subject upon which the power is to be exercised, must regard the public monies as an instrument, and not as an object of the power. To comprehend such a cause, the charter must be construed to give the Secretary an unlimited choice of the objects to be attained by the custody of public monies; for as none are pointed out by the charter, but those of mere custody and transfer, the instant that these cease to be the only objects of the power, we are without any limitation. Whether the pur- pose of the Secretary be local or general, whether it be to make money dear or cheap, to regulate or disturb exchanges, lo promote or retard public works, to increase or diminish the amount of Bank discounts, to excite or counteract politi- cal movements, each and all of these objects must be within the discretion of the Secretary, if any of them are. "2. That the Secretary should be entrusted with a power necessary to protect the Treasury itself, or to meet the de- mands upon it, is reasonable. If the public monies are ex- posed to danger, he must first perceive its approach, and would be best able to measure its extent. He, also, from his official WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. 259 position, must know the direction which public engagements require to be given to the means of satisfying- them. The power, which either clanger or the public credit makes neces- sary, is one that does not admit of delay, whether Congress be in session or not. The action required, to be effectual, must be in some cases instantaneous. The grant or reserva- tion of such a power to the Secretary of the Treasury, was necessary and proper. But if the public monies were to be made an instrument for effecting an ulterior object, no reason can be imagined why the power of using them should be given to the Secretary rather than to the President, or why it should be given to either, instead of being left to the action of Congress. That, nothing but the safety and distribution of the national treasure were the lawful objects of the Secreta- ry's power, is conclusively shown by the circumstance that the ' Act to establish the Treasury Department,' the very mo- ment that the Secretary gave the order not to make the deposits in the Bank of the United States, placed them in the hands of the Treasurer, who could lawfully make no disposi- tion of them, but to keep them securely, to be disbursed ac- cording to law. A removal of the deposits for any purpose, except to place them in tliis custody, would be not only a vio- lation of the rights of the Bank, but of the functions of the Treasurer, as created by law." 418. IV. The claim of the Secretary, of right, to select the depositaries of the public treasure, when withheld from the Bank of the United States, falls with his pretension to with- hold it. But no portion of this great case requires more con- sideration, than the employment of substitutes for the Bank of the United States. It may be regarded as to the right and the result 419. Of the practice on which the claim of right is based, we have already spoken. In proof that it is unwarrantably claimed, we adduce some additional remarks. "The proper duty of the Secretary is to superintend the col- lection of the revenue. That of the Treasurer is " to receive and keep the monies of the United States, and to disburse them on warrants drawn by the Secretary of the Treasury, countersigned by the proper officers, and recorded according to law. He is required to give bond, in the sum of one hun- dred and fifty thousand dollars, conditioned for the faithful performance of the duties of his office, and for the fidelity oj the persons to be by him employed. It is the Treasurer, therefore, who is to choose the place of deposit; and he is the 260 WAR ON THE BANK SEIZURE OF PUBLIC TREASURE. best officer, in theory, as well as the only officer, by the law, to perform the act ; because the doctrines of general conve- nience and interest are not so like to reach him. His object will be security, and his bond is the motive for obtaining it. If there be a treasury practice, which has displaced the Treasurer, the practice should be made to conform to the law, or the law to the practice. As the case now stands, the money of the United States is not deposited, where it is, by direction, and under the sanction, of the law. It is placed in the deposit Banks by an officer who has not the authority so to place it ; and in case of controversy, it may possibly be found, not only that the bond of the Treasurer is of no avail, but that, remedies for the loss or detention of the deposits, are not to be obtained in the name of the United States, or in the courts of the United States; but in private names, and in State courts, with all the contingencies incident to litigation in this form. Whatever may be the practice, it is not becoming, that the Treasury of the United States should be in any pre- dicament, but that, precisely, in which the law has given its direction to place it." 420. But where did the Secretary get authority to contract with the Slate Banks'? It would seem as if every step of this officer was over some broken pillar of the law. He was authorized by no law to make such contracts; nay, he was expressly forbidden by the Act of 1st May, 1820, for the regu- lation of the departments, which provides. Section 6, that no contract shall thereafter be made by the Secretary of State, or of the Treasury, or of the Department of War, or of the Navy, except under a law authorizing the same, or under an appropriation adequate to its fulfilment; and excepting, also, contracts for the subsistence and clothing of the army or navy, and contracts by the Quarter Master's Department, which may be made by the Secretaries of those Departments. 421. We are now to consider the result of the substitution of the Executive of other depositaries of the public funds for those provided by law ; which leads us, immediately, to the inquiry into the actual condition of the State Banks. 422. It appears, from the best information attainable, that there are in the States, districts and territories, in round numbers, four hundred and fifty Banks; with an aggregate capital of one hundred and forty-six millions of dollars ; cir- culation of nearly one hundred millions; deposits fifty mil- lions; specie about ten millions. The total amount of dis-' counted paper is about two hundred and thirty-three millions. WAR ON THE BANK SEIZURE OF PUBLIC TREASURE. 261 Thus it is apparent, that, the circulation of the State Banks is about ten times greater than their specie, and that, conse- quently, they would be unable to withstand any run which might drain them, and would be compelled to contract their issues, diminish greatly the circulation, and throw the busi- ness operations of the whole country into utter confusion, de- preciating the value of property, in proportion to the reduc- tion of the currency. This weakness of the State Banks is appa.rent from their own exhibitions; but their statements, the most favourable their circumstai'ices will admit, are not entitled to implicit confidence, as may be gathered from the late failures of some, and the notorious shifts of others, to make up accounts for settling or reporting days. Tliis weakness has a constant tendency to increase, from the disposition of the State Banks to over issues. This incli- nation is repressible, only by a power perpetually and uni- formly active, which, like gravity in the solar system, shall keep each planet in its orbit. This power is found in the Bank of the United States, which is not only sound in itself, having less than two dollars of outstanding notes for one dol- lar of specie at command, but is the cause that utter rotten- ness does not pervade a large majority of the State Banks. This important fact was admitted by Mr. Taney himself, in a letter to the Committee of Ways and Means of the House of Representatives. But with a logic as perverse as the case in which it is employed, he argues, that if the Bank of the United Stciles jn'o duces soundness in the State Banks, the ob- ject of its creation has been attained; and that, therefore, it may be dismissed as useless; — and that if it have not render- ed the circulating medium safe, it has failed in its purpose. With equal propriety, it may be said, that the power of gravity having, for thousands of years, preserved the order of the universe, may be annihilated, and the order be preserved. The presence of both, in their respective places, is indispensa- ble. Whilst the Bank of the United States is preserved, all other Banks, claiming to be solvent, must keep their paper at par with specie. When that Bank shall be extinguished, the mutual indulgence of the monied institutions will remove this restraint, and a drain of specie from the country will re- sult in the suspension of specie payments. The Secretary admits the necessity of preserving the Bank, if the present currency be in a sound state ; but he denies the soundness of the currency. On this subject he may be safely left at issue, with all the political economists of the country, 262 WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. the Committees of both Houses of Congress, and, what is quite as much to the purpose, with every individual of the commu- nity, who, having the note of any Bank in credit, can obtain specie therefor, in all the markets of the Union, at a rate less than the transportation of specie would cost. 423. But if the currency were not perfect, if the abun- dance of paper of small denominations limited the use of sil- ver ; if mistaken legislation had expelled gold from circula- tion; these were evils which the good sense of the country, before the attack upon the Bank, had engaged to remedy. Already, without the promptings of the General Government, had the States commenced the suppression of small notes; and so fast as the sense of the true interests of the people pre- vails over the interests of the Banks, this suppression will be extended. Be3^ond this, no eflbrt of the General Govern- ment, as proposed by the Secretary, can avail. For though it may possibly force the State Banks, in its service, say, one hundred, to disuse notes, under a designated amount, it will have no influence over the remaining three hundred and fifty Banks, whose pernicious issues, unchecked by the regulating power, would be enlarged with the decrease of competition. Already had the commercial community called for the inter- ference of the Legislature; and had the President and his Secretary of the Treasury been with the pre-adamites, the measures which have been lately adopted, for retaining gold in the country, would have been pursued. But suppose the mean offered to improve the currency be made efficient, by the co-operation of the States ; a measure extremely problematical; would it not be more efhcient if ap- plied through the United States Bank'] As that institution acts simultaneously and uniformly in all parts of the Union, can we doubt, the effect would be more prompt and univer- sal. But suppose the Government can restrain the issue of the Banks in its employ ; what shall compensate for the unre- strained issues of all other Banks which must ensure the dis- solution of the United States Bank? Does not the onward course of things tend, directly, to the state of 1816 ] Of late, new Banks have been established, in the several States, with aggregate capitals amounting to 43 millions of dollars, and multitudes of applications are daily presented to the State Legislatures for new charters. Each of these Banks will strive to extend its circulation, and will endeavour to avoid specie payments. The more rotten and .vAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. 263 worthless they may be, the more strenuous will be their efforts ibr this purpose. 424. But whence, does the Executive derive the right, so boldly assumed, of providing the country with a currency whether paper or metalic] The assumption was in every pomt of view illegal — so palpably illegal, that the partisans of the administration did not venture to support it before Congress. It is an imputation upon the Congress of 1816, to suppose, that, they intended to authorize the Secretary of the Treasu- ry .to use any means for changing the currency. Yet he avows this intention ; to change it too, in opposition to the provision made by Congress in regard to it. He proposed to effect this by compelling the Bank of the United States to cease lending, and by enabling the deposit Banks to lend; by circumscribing the circulation of the notes of the one, and enlarging the circulation of the notes of the other; by com- pelling them all to give him, indirectly, the management of the Banks, without the warrant of law, and to surrender it themselves, contrary to the laws, by which they are, exclu- sively, entitled to it. No Congress could, and, therefore, no Congress, should be presumed to, have given the Secretary such powers. It would have been a delegation of the high- est powers of legislation under the form of ministerial agen- cy. No power requires more circumspection in its use than that for regulating the currency. The currency is the mea- sure of value of every man's property, of his contracts, of the indemnity for the breach of them, and of the revenue of the country; and without a due adjustment of it, it is impossible to distribute in equal proportion among the citizens, either the burdens or advantages of civil society. A deranged cur- rency deranges every institution of the country that has re- lation to property. It gives a premium to fraud, and strips honest labour of its scanty earnings, by paying to it half of its just recompense, in the false and counterfeit name of the whole. Yet this power the Secretary claimed by delegation from the representatives of the people, and exercised it with consequences which spread in a wave of destruction over the whole country. 425. But suppose a league of the Treasury Banks should succeed in establishing their credit, so as to give general cur- rency to the paper, which past experience and sound reason, utterly, forbid us to expect, will not they, by loans and ex- changes, gain the same power over the business of the coun- 264 WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE, try which is charged as danaferous in the Bank of the United States'? Should this power be attained and be abused, Con- gress can apply no remedy, for, it has no power over them nor their charters. Should the scheme succeed, it will be desir- able to perpetuate it. But as the dependence of the charters of most of the Banks is upon the States in which they, re- spectively are, it will be necessary to propitiate the State Legislatures, and to this end, an undue influence of the Gen- eral Government must be employed. We have heard much of consolidation ; much of the danger of merging the inde- pendence of the States in the Federal Government. It is scarce possible to devise a plan, more ada,pted to this purpose, than that proposed by the Secretary. Give the Executive power to confer favours op "numerous banking institutions, all closely connected with the State Governments, and there will be so many centripetal forces, drawing, by the resistless in- fluence of pecuniary interest, the independence of the States into the vortex of Federal control. There is yet another result of this operation, which we have "touched, but which deserves further notice. It is the dependence and subservience of the State Banks, selected by the Secretary, upon the Government, — upon the party. 'Po effect this we have just reason to believe is the true motive of the war on the Bank. The contracts of the Secretary with them, put them wholly at his mefcy; making them the vassals of the administration; enabling it, through them, to operate upon the stockholders and their debtors. That such use will be made of tliem cannot be doubted, after the use made by the Treasury, of drafts upon the Bank of the United States to support the Treasury Banks. An attempt was made to consider these drafts, for two mil- lions three hundred thousand dollars, as mere transfers, as di- rections, from the Treasury Department to the Bank, to send a particular sum of public money from one place to another, for the public, not private use, as drafts designed to change the position, not the custody of the public money. But the Secretary himself, in his report to the Senate of the 30th No- vember, put the true impress upon the transaction; declaring that, "he had transferred money, in some instances, from the Bank of the United States, to the selected Banks, in order to enable them to defend the community against the unwarant- able attempts {attempts iiever made, every Banli hearing tes- timony to the unexpected forbearance) of the Bank of the WAR ON THE BANK — SEIZURE OF PUBLIC TREASURE. 265 United States, to produce a state of general embarrassment and distress." Defender of the community ! Protector of the people ! When, and, how, were, attributes like these, given to the Sec- retary of the Treasury ] By what law ] If the administra- tion can, under pretence of protecting- the people, assume, unrebuked, unpunished, to loan, to individuals or corporate in- stitutions, millions of their money, it will not be long before we shall have given, the protection of the 'people, as voucher for the illegal expenditure of millions. Well may it be said " that the inevitable tendency of power is its own enlarge- ment." These drafts, informally and illegally framed and sanctioned, for money lawfully deposited in the treasury, were given, secrectly given, to cashiers, to be used at their discretion, upon contingencies affecting their institutions, of which they, alone, were judges, and Vv^hich had no relation to the public service. What security existed against their abuse? What pledge against their illegal conversion to the use of the cashiers themselves? IJad such conversion been made, no claim would have existed against the Banks under their respective contracts, or against the sureties on the cash- ier's bonds. The Banks would not have been liable for money which they had not received, and the condition of the cash- iers' bonds embrace no such trust. Can it be for an instant doubted, that soulless institutions, whose constituency relieves them in a great measure from moral obligation, whose spring of action is pecuniary interest, receiving favours like these, the gratuitous loan of millions to defend their credit, will not be the ready, the remorseless, instruments of the power that fosters them? Can it be, that such institutions will not corn- bine to make themselves, their stockholders, and their debtors, the partisans, the creatures of the administration, adding hun- dreds of thousands to the army of mercenaries which the newly established tenure of office has supplied to the Exec- utive? It matters not, to our view of the case, that a por- tion, only, of these drafts were used, and the remainder re- turned to the treasury. 426. But, from elements such as these, we were to have, not only a sounder currency than that furnished by the Bank of the United States, but a hard money currency ! When the peal of indignation swelled from every portion of the country against the injustice committed on the United States Bank, and the reasons concocted by the President and his Secretary vv-ere scouted as impudent and illusory, 1,he ground 28 266 WAR ON THE BAKK — SEIZURE OF PUBLIC TREASURE. of defence was changed; and though prior to the first of Oc- tober, no intimation was given of an intention to endeavour the introduction of a metallic currency, wc were then told, that the Government was making an experiment whether it could not substitute for one of the best currencies in the world, a currency of coin, as in France. And in this experiment, the ease, the happiness, the bread of millions were jeoparded. This object, however, is no sooner declared, than with the inconsistency inseparable from error and wrong, its impracti- cability is demonstrated by the Secretary, himself " No com- mercial or manufacturing community," he observes, "could conduct its business to any advantage without a liberal system of credit, and a facility of obtaining money on loan, when the exigencies of their business require it. This cannot be obtained without the aid of a paper circulation founded on credit. It is, therefore, not the interest of the country to put down the paper currency altogether!!" We have seen, that for all the purposes of commercial ex- changes, that. Bank notes and Bank credits furnish a more convenient and more desirable medium than specie. Whilst this medium is kept within a proper limit it must always ex- clude, as the cheaper, a metallic currency, which cannot be maintained but at great cost. And if there be an over issue of paper, the specie medium will inevitably be expelled the country, or buried in coffers or hidden vaults. So that, in either case, the establishment of a specie currency is hope- less. sAt CHAPTER XVIII. WAR ON THE BANK CONTINUED ALLEGED OFFENCES OF THE BANK. 427. The facts urg-ed hy the Secretary, which he, em- phatically, styled his reasons, were : 1. That, the charter of the Bank would expire, hy the existing" law, in 1886: 2. That, the Bank had unwarrantably reduced its discounts and had thereby caused a great depression of commerce: 3. That, the Bank had been mismanaged: 4. That, though a fiscal ao-ent of the Government it had sacrificed the interest of its principal to its own: 5. That it had sought to attain political power and, thereby, to assure the renewal of its charter. 428. I. The Secretary could not, with propriety, assume, that, the Bank would not be rechartered. A large majority of Congress, but one year preceding this declaration, had passed a bill renewing the charter; and a nmch larger ma- jority had, but a few months before, expressed their fullest confidence in the Bank. And there had been, since, no op- portunity to obtain the sense of the representatives of the people upon the subject. It could not be rechartered, he said, because it had enjoyed an exclusive privilege, at the expense of the community, for twenty years; because the charter was unconstitutional ; and because public opinion had decided against it. The privileges of the charter were not more exclusive than are those of every corporation, every social circle, church or eleemosynary institution. All who are qualified may participate in the advantages of these institutions. Upon granting the charter, the stock was accessible to all, and long solicited purchasers in vain. The first operations of the Bank were productive of heavy losses, and when it shall have clos- ed its business, it will not have divided, six per cent, annual- ly, upon its capital. Its stock has been, continually, changing* hands, at advanced prices, and the present stockholders, if re- chartered, would not gain so much as would the stockhold- ers of a new Bank, who shall subscribe at par ; their only claim for preference is, that they can, with experience and established relations, efficiently, promote their own and the 267 268 WAR ON THE BANK — ITS ALLEGED OFFENCES. public weal. The question, however, was one with which the Secretary had nothing to do; it was purely of legislative jurisdiction. On the constitutionality of the charter, we have already said all that is necessary. But this, too, was not a question for an executive ofFxCer; it was, also, purely, legislative. 429. But public opinion, said the Secretary, had pronounced against the Bank, We have here put before us, in the strong- est light, the danger of the power claimed by the President, as derived directly and unconstitutionally from the people ; which, impalpable and irresponsible as it is, is made the effi- cient cause for seizing upon the public treasure, abstracting it from the lawful depositary, and placing its custody wholly at the discretion of the Executive. A power over the Bank, with every mode of use, is distinctly derived by the President from this source. In his cabinet message, of the 18th Sep- tember, he says, speaking of his unalterable opposition to the Bank: "On that ground, the case was argued to the people. And now that the people have sustained the President, notwith- standing the influence and power v.'hich was brought to bear upon him, it is too late, he confidently thinks, to say, that the question has not been decided. Whatever may be the opinion of others, the President considers liis re-election as a decision of the people against the Bank." Admitting for an instant, that a public officer has a right to recur to such a source for power, we deny the facts from which it is drawn. Tiie sense of the people in relation to the Bank, was not involved in the presidential election. We have, elsewhere, shown, that the President, prior to his cabinet communication, had, at no time, met the whole ground of constitutionality and expediency — that the veto was not equivocal, inasmuch as it declared, that the Bank of the United States was convenient for the Government, and useful for the people ; that the President was impressed with the belief, not that a Bank of the United States was unconstitu- tional and inexpedient, but that some of the powers and priv- ileges of the EXISTING Bank are unauthorized by the Consti- tution, subversive of the rights of the States, and dangerous to the liberties of the people, "ant^ that, had the Executive been called upon to furnish the project of such an institu- tion, the duty would have been cheerfully performed.'''' " But what part of the charter, or any law of Congress, au- thorizes the Secretary to communicate such a reason to the WAR ON THE BANK — ITS ALLEGED OFFENCES. 269 House ? Where is his warrant for instructing Congress as to the decision of the people upon a matter of future legisla- tion ] By what channel does the Secretary or President maintain an intercourse with the people, that is not open to their representatives'? How do they know any thing of the wishes of the people, which the representatives of the people do not better know themselves? The communication of such a reason to the representatives of freemen, who are them- selves freemen, is without a precedent in thehistory of thisor any other representative Government. The alleged fact is, moreover, an assumption, and a mere as^iimption, without proof, and without the means of proof. It is a political infer- ence, which the people of this country \v\W never sustain, un- til they are prepared to say that the election of a President is not the result of a preference founded upon his general qualifications, opinions and actions, but is an adoption and ratification of his single will, to any extent that he has at any time declared it, and even when he may have declared it in contrary directions, at different times." Against this inference of President and Secretary, the re- presentatives in both Houses of Congress, and of all parties, energetically, protested. Messrs. Clay, Southard, Wilkins and others of the Senate, Messrs. Moore, Wise, Allen, Chil- ton, Adams and others of the House, declared, that, thousands of voters threw their weight on the side of the successful can- didate, who would vote for a National Bank to-morrow. 430. n. The Secretary charges upon the Bank, unwar- rantable reduction of its discounts, and consequent oppression of commerce. The specification is, that between 1st Decem- ber, 1882, and 2d August, 1833, the Bank increased its dis- counts more than two and a half millions of dollars; and, so far from preparing to wind up its affairs, although the elec- tion of the President had sealed its death-warrant, strove to compel the country to submit to the renewal of the charter, under the penalty of a currency suddenly deranged : that, on the appointment of an agent to seek depositaries, and when the demands upon the traders, by Government, were unusu- ally large, by reason of the conjunction of the payments of the bond and cash duties, the Bank clianged its course; and be- tween the 2d of August and the 2d of October, curtailed its discounts four millions, whilst the public deposits were in- creased two and half millions ; that this reduction compelled the State Banks also to curtail, and produced complaints of pressure from every quarter; so that, if the public monies had 23* 270 WAR ON THE BANK — ITS ALLEGED OFFENCES. continued to be deposited in the Bank of the United States for two months longer, and the same system liad been fol- lowed, a wide spread scene of bankruptcy and ruin must have «nsued; that these causes left no alternative to the Secretary of the Treasury, but to remove the deposits, when, under other circumstances, he would have been disposed to direct the removal to take eifect at a distant day, so as to give Congress an opportunity of prescribing, in the mean time, the places of deposit, and regulating the securities proper to be taken. Now, these all^tions are, one and all, untrue, either in motive or in fact. The Bank did not, between the 2d of August and the 2d of October, voluntarily contract its discounts a single dollar. To protect itself against executive hostility, demonstrated during the summer of 1833, it resolved, on tiie 13th August, that the amount of bills discounted, should not be increased ; that bills of exchange purchased, except at the western of- fices, should not have more than ninety days to run ; that at the western offices no bills except those payable in the At- lantic cities, having no more than ninety days to run, or re- ceivable in payment for existing debts, and having no more than four months to run, should be purchased. Subsequently other protective measures were adopted ; and the Bank sums up its operations, at this period, in the following manner 1st. That the Bank never directed any curtail- ment of its loans until the actual removal ftf the deposits. 2d. That the only actual reduction of loans took place from the 1st of October to tiie 1st of De- cember, when the loans were diminished, $5,041,098 26 While, at the same time, the public and pri- vate deposits were reduced, - - 5,887,864 63 3d. That from the 1st of December, 1833, to the 1st of April, 1834, the loans were not re- duced, but, on the contrary, actually in- creased, and were greater on the 1st of April, 1834, than 'on the 1st of October, 1833, by 353,712 95 While, during that same period, the public deposits had decreased no Jess than - 2,239,393 89 4th. That the total reduction of loans from the 1st of October to the 1st of April, was - 5,057,527 22 While the public deposits had been reduced - - ^6,935,568 84 WAR ON THE BANK — ITS ALLEGED OFFENCES. 271 Private deposits, - - 842,834 57 Making an aggregate of 7,778,403 41 being a reduction of loans less, by nearly three millions, than the reduction of de- posits. 5th. That, so far from cramping the trade of the country, it actually purchased, from the 1st of October to the 1st of April, of domes- tic and foreign bills of exchange, - 34,671,324 00 6th. That the State Banks were permitted to be indebted to the Bank an average amount of 3,464,956 00 So far were the loans of the State Banks from being con- tracted, within the period designated, that, they were gener- ally enlarged. This is evident from the report of the Union Committee on the State Banks of New York, showing, that their discounts were greater on the 1st October, 1833, than in January of the same year. The professed disposition of the Secretary to delay the removal of the deposits, is effectu- ally discredited by the fact, that the determination to remove them was proclaimed by the President (and never abandoned) long before the cause alleged is stated to have existed. Noth- ing can more shov/ the inconsiderateness of the Executive, than this utter disregard of facts and consistency. It demon- strates, that, this war upon the Bank was one of wild and senseless passion. It cannot fail to be observed, that, the very effect which the Executive proposed to produce by the re- moval of the deposits, namely, the reduction of the discounts of the Bank, and which, had it taken place, would have been caused by the known intention of removal, is preferred as ground of complaint against the Bank, and as the justificaiion of the removal. The Bank is censured, because the action ascribed to it would have given effect to the design of the Exec- utive; and the deposits are alleged to be removed because the Bank took measures to prevent the removal from producing distress. 431. III. Thecharge, of mismanagement, against the Bank, is a very broad one ; we will consider it under the specifica- tions of the Secretary. I. That the Bank, to avoid accountability, des'^nedly con- cealed its affairs from the Government Directors, who were appointed to protect the public interests, and to apprise the public authorities of misconduct upon its part; that for this purpose, violating its charter, it committed the most import- ant of its affiirs to an " Exchange Committee," appointed by 272 WAR ON THE BANK — ITS ALLEGED OFFENCES. the President of the Bank, from which the Government Di- rectors were excluded. But there is no violation, whatever, of the charter, in au- thorizing the President to appoint the Committee of Ex- change, or in empowering the Committee to transact the busi- ness of exchange or discount. The fourth fundamental law of the corporation enacts, that " not less than seven Directors shall constitute a Board for the transaction of business." Transaction of business, does not mean, exclusively, the ex- ecution of business. Such is not the restricted meaning of the word here. 1. Because the requisition of seven Directors to do the various business of the Bank, would render the execution of business impossible; not even a deposit could be received or paid without their presence. 2. The charter, by the use of a different term, in different places, shows that such is not the meaning of the word. 3. The word, in its proper sense, includea direction and execution. 4. The au- thority of the Board is legislative ; and, though they can also execute any business, the law prescribed, by themselves, or under the charter, must determine what part they will per- form in person, and what remit to others. The qvorum is ap- pointed for the exercise of authority as a Board, for legisla- tion and for the execution of the commands of the Board. 5. The body is, by the very name of its office, directive, and not executive. This is clearly implied from the provision which gives to a substituted Director the power to transact all the necessary business belonging to the office of President, during the President's sickness, or necessary absence. The charter does not declare the business of the President ; that is prescribed by the Board of Directors or the by-laws and regulations of the Bank. If by the Board, they must have power to direct, and he, by virtue thereof, power to execute. Upon this principle, the Board may authorize the Presi- dent to appoint Committees, a necessary power to every legis- lative body, or may authorize a Committee to take order upon the purchase and sale of exchange, or for any other act of banking, where not prohibited by charter. The power exer- cised by the Committee of Exchange is not only usual in banking, but indispensable to the due management of the pa- rent Bank. The question of expediency is, however, for the Board, when its legal quorum is present, to decide, and their decision has not been questioned by the stockholders as to the right. Though the discount of promissory notes is directed by the Board of Directors, in person, there is no legal difl^er- WAR ON THE BANK — ITS ALLEGED OFFENCES. 273 ence between the discounts and exchanges; the Board may regulate the whole, as it deems best for the Bank. But the charge of concealment, as connected with the al- leged violation of the charter, involves great considerations. It would seem to imply, general concealment, from omission to appoint any of the Government Directors upon the Com- mittee of Exchange ; and particular concealment, from au- thority given to the Committee on the offices to modify the resolutions of the Board for reducing the business of the Bank ; also, from refusing to the Government Directors, a copy of the resolution indicating the course of the Bank, and which they thought should be transmitted to the Secretary of the Treasury. The rights specially claimed by the Government Directors, are wholly unfounded. Tlieir right to be members of any Comm.ittee, has no more legal support than the right of a member of the House of Representatives to be upon a Com- mittee appointed by that House. It depends, in one case, on the pleasure of the House, or which is the same thing, its organ, the Speaker ; and in the otiier, upon the pleasure of the Board, or their agent, the President. The right to re- quire a Committee to report to the Board, is tlie right of the Board; and not of an individual member. The right to take a copy of the minutes, depends on the will of the Board, the charter containing no direction upon the subject. Such be- ing the questions of right, we may advert to those of expe- diency and propriety. Heretofore, the Government Directors mingled in all the transactions of the Bank, served on all the important Commit- tees, including that of exchange, as their peculiar qualifica- tions may have warranted — their selection being always a question of qualification. But, in the time of the late Gov- ernment Directors, a change had come over the country and the Bank, from which they could not escape. It was for a long time vehemently suspected, and at length, certainly, es- tablished by their own confession,* that the Government Di- rectors deemed themselves bound, or entitled, to use their posts for the purpose of making re'presentations to the Presi- dent of the United States, tending to excite odium against their co-Directors, by impeaching their motives and acts, and thus to impair the credit of the Bank; that they deemed * See their letter to the President, 22d April, 1833, annexed to the letter of the Secretary of the Treasury. 274 WAR ON THE BANK — ITS ALLEGEp OFFENCES. themselves at liberty, in the performance of this duty, as in the exercise of this right, to pursue objects which tJiey did not care to avow, and which they ivere not permitted to avow; and finally, that in some way, by some unexplained theory of their appointment, they had come to the opinion, that they possessed political poivcrs in the institution, which they were authorized to use for political purposes ; — that they were devised as instruments for the attainment of public ob- jects, and that their appointment was given to the President with the consent of the Senate, in order to clothe them with all the character of official representatives, and to exact from them a discharge of all the duties, pwhlic, political, and patri- otic, incident to a trust so conferred. All this being known, or vehemently suspected, may have produced doubts of the propriety of placing these Directors in posts of trust and con- fidence, where other gentlemen, having feelings and reputa- tions of their own, might be unwilling to sit Vv'ith them. Such doubts would seem to be fully justified by the sense of the Senate of the United States, which refused to advise, or consent to their re-appointment, and to the appointment of two of them to other offices, to which they were since nom- inated, in reward of their subserviency. The object which these instruments of the President were required to pursue, but forbidden to avow, is now known to have been the inculpation of the Board, and, particularly, of the gentleman at its head; and by means of the odium thus excited, to justify, to public prejudice, an act of deadly hatred to the Bank, of which they were Directors — the re- moval of the deposits. With the confession of concealment by the Government Directors, to which they were coerced by the President, the Secretary of the Treasury arraigns the Board for concealing its operations from them. He charges the Board with concealment, in violation of their charter, and in contempt of the Government, when the head and front of their offence is this, only — that they would not consent to be the dupes of concealment that was practised by others. But the Government Directors wholly misconceived their powers and duties. They were not devised as instruments of the President, whatever they may have made of them- selves. There is no difference between the rights and duties of any of the Directors. Those appointed by the President owe a duty to the nation ; so do the others, and they have performed it. Those elected by the stockholders owe a duty to the Bank, and so did the others; but they nei- WAR 0:< THE BANK — ITS ALLEGED OFFENCES. 275 ther performed nor acknowledged it. They were not placed there to make inquiries for the President, who had no au- thority to direct inquiries to be made by them. This is a question of charter power, of power over a corporation, all of whose privileges are rights of property. The charter gives to the President no such right. It expressly gives to the Secretary of the Treasury a right of limited inquiry, by investigating such general accounts, in the books of tiie Bank, as relate to the statements which the Bank is bound to fur- nish to the Treasury Department, but no further. Congress have power to inspect the books of the Bank and the proceed- ings of the corporation generally. These powers have been expressly given, and have been so given, because they would not have been derived by implication from the charter. But, here is a power to be implied, greater than all, and worse than all — a power to be exercised secretly, and without avowal ; ex parte, without notice, without opportunity of re- ply or explanation being given to those whom it affects, and by persons who are holding, to all appearances, the relations of amity, with their co-Directors sitting on the same seats, and professing the same general objects. If other justitication were necessary to the Board than a simple statement of the facts, it is to be found, in the appro- bation of Committees of both Houses of Congress, repeated- ly expressed and sanctioned by their constituents, and the concurrence of all persons, whom party has not blinded or made mute. II. The Bank has al?o been charged, with abuse of its pow- ers, and seeking concealment in relation to the payment of the three per cent, stocks of the Government. This affair is adverted to, but not enlarged upon, by the Secretary. A most perverted statement, however, was given of it by the President in his Cabinet manifesto. That document charges, that the Bank, from a sense of its inability to pay over the government deposits, commenced a secret negotiation with the agents for about $2,700,000 of the three per cent, stocks, held in Holland, to induce tliem to postpone the receipt, for one or more years, after notice should be given by the Treas- ury Department of intention to pay, that the Bank might use, during that time, the public money set apart for the payment of these stocks. " After this negotiation had commenced, the Secretary of the Treasury informed the Bank, that it was his intention to pay off one-half of the three per cents, on the first -of the sue- 276 WAR ON THE BANK — ITS ALLEGED OFFENCES. ceedmg July, which amounted to about .$6,500,000. The President of the Bank came immediately to Washington, and upon representing- that the Bank was desirous of accommo- dating the importing merchants at New York, (which it tail- ed to do,) and undertaking to pay the interest itself, procured the consent of the Secretary, after consultation with the Pres- ident, to postpone the payment until the succeeding first of October. Conscious that at the end of that quarter, the Bank would not be able to pay over the deposits, and that further indulgence was not to be expected of the Govern- ment, an agent was despatched to England, secretly to nego- tiate with the holders of the public debt in Europe, and in- duce them by the offer of an equal or higher interest than that paid by the Government, to hold back their claims for one year, during which the Bank expected thus to retain the use of '$5,000,000 of public money, which the Government should set apart for the payment of that debt. The agent made an arrangement, on terms, in part, which were in di- rect violation of the charter of the Bank, and Vv'hen some incidents connected with this secret negotiation accident- ally came to the knowledge of the public and the Govern- ment, then, and not before, so much of it as was palpably in violation of the charter was disavowed. A modification of the rest was attempted with the view of getting the cer- tificates without payment of the money, and tiius absolving the Government from its liability to the holders. In this scheme, the Bank was partially successful, but to this day the certificates of a portion of these stocks have not been paid, and the Bank retains the use of the money." Two cases of procrastination of payment are here distinct- ly alleged against the^Bank. The facts are, with regard to the First, that in March, 1832, the Secretary of the Treasury informed the President of the Bank of the intention of the Government to pay, on the succeeding first of July, to each stockholder, one-half of his three per cent, stock, remarking " if any objection occurs to you either as to the amount or mode of payment, I will thank you to suggest it." The President replied, that so far as the Bank was concerned, no objection occurred to him; it being sufficient that the Gov- ernment had the necessary funds in the Bank. He suggest- ed, however, that in the existing state of the commercial community, with a very large amount of revenue (nine mil- lions) to be paid before the first of July, the debtors of the WAR ON THE BANK — ITS ALLEGED OFFENCES. 277 Government would require all the forbearance and aid that could be g-iven them ; that the proposed payment of several millions to European stockholders, tending to diminish the usual facilities, might endanger the punctual payment of the revenue; and that, therefore, it might be advisable to post- pone such payment until the next quarter. This suggestion was supported by letters from Mr. Mc- Duffie, chairman of the Committee of Ways and Means, and Mr. Cambreleng, chairman of the Committee of Commerce. The Government wished the postponement; and the only difficulty, arising from a desire to save the quarter's interest, the President of the Bank removed, by an agreement to pay the interest, as the money would remain with the Bank, — a provident and laudable bargain, certainly, for the institution, since it paid three, and would receive six per cent, on the amount. The committee of investigation, Ijefore whom the whole subjeftt was, in 1832, by their majority, reported, "that they were fully of the opinion that the Bank neither sought for, nor requested a postponement of the payment by the Government;" being, however, hostile to the Bank, it added, "yet if such postponement had not been made, the Bank would not, on the first of July, have possessed the ability to meet the demand, without causing a scene of great distress in the commercial community." The ability of the Bank is no longer to be doubted, and its efforts to save the commercial com- munity from great distress, merit the grateful acknowledge- ments of the country. And yet this transaction is represent- ed by a President of the United States as a cause for dis- crediting the fiscal agent of the nation, at home and abroad. With regard to the second postponement, it appears, that in the year 1832 the country was heavily indebted to Europe for large importations of 1831; it was desirable that time should be given to pay the debt, from the annual earnings, and that no addition should be made to the foreign demand. But there were more than twenty -five millions of the public debt payable in that year, of which more than fifteen were to be paid in nine months, and between eight and nine of it, to foreigners.. The Bank, from its exhibits, was prepared for the first payment on the 1st of October, 1832. "In this state, the Bank, had it considered only its own in- terest, would have been perfectly passive, since it was per- fectly at ease. But it had other and higher interests to con- sult. From ihe communication with the Treasury in July, it was probable that the funds of the Government might be 24 278 WAR ON THE BANK — ITS ALLEGED OFFENCES. insufficient to pay the debt advertised to be paid — and that even if these lunds were adequate, the operation would ex- haust all the means of the Government, and require that the community should repay the whole amount of the public funds distributed among them. It was further manifest, that the ability of the Government to meet its engagements, depend- ed entirely on the punctual payment of the revenue in the commercial cities, from July to January, which was estimated at about twelve millions of dollars. " That resource was threatened with the greatest danger by the appearance of the cholera, which had already begun its ravages in New York and Philadelphia, with every indi- cation of pervading the whole country. Had it continued, as it began, and all the appearances In July warranted the be- lief of its continuance, there can be no doubt it would have prostrated all commercial credit, and seriously endangered the public revenue, as in New York and Philadelphia alone, the demand on account of the foreign three per cents was about five millions." The Bank, therefore, made an arrangement with the foreigji owners of this stock to the amount of about four millions, to leave their money in the country for another year, assuming to pay the interest instead of the Government. All these things were fully explained by the Committee of Ways and Means, to whom that part of the President's message was referred, and the Committee accordingly report- ed as follows: — " The arrangement made by the Bank for a temporary postponement, with the consent of the holders, of the pay- \ ment of five millions of the three per cent, debt, being now substantially closed by the surrender to the Government of the certificates of stock, except for a small amount, and the whole debt itself, as far as respects the Government, paid, at an earlier period than it is probable it would otherwise have been, this question seems no longer to present any important or practical object of inquiry, or to call for, or admit, any action of Congress upon it' This ought to have been satisfactory, yet was the subject re- vived, with the addition of two distinct errors in point of fact. The first was, that the Bank ' was conscious that at the end of the quarter it -would not be able to pay over the deposits' — whereas the state of the Bank, proved its entire ability to make this payment, and that its interposition was exclusively dictated by the desire to avert an additional trouble at a sea- WAR ON THE BANK — ITS ALLEGED OFFENCES. 279 son of pestilence. The second is, that the part of tlie ar- rano-oment made with the a^ent of the Bank was not disa- vowed until ' some incidents connected with this secret nego- tiation accidentally came to the knowledge of the public and the Government.' The fact is, that as soon as that part of the arrangement, which seemed to conflict with the charter, was received, the determination was made to decline execut- ing it, before any publication, of any sort, was seen or known, in regard to it." 432. IV. The Secretary further alleges that the interest of the Bank is its ruling principle, and that the just claims of the public, are disregarded, when in collision with the interests of the corporation. The case of the French bill is the specification under this charge. V/e may remark, here, that so aptly, for the benefit of the nation is this Bank constituted, that it is scarce possible, for any of its acts to enure to the injury of the Government, and that the interest of the Bank is the interest of the State. And, such, on ex- amination, will prove to be the case in relation to the claim for damages upon the protest of the bill drawn upon the French nation, by the Secretary of the Treasury. The. following is the President's statement. "The Bank became the purchaser of a Bill drawn by our Government on that of France for about 900,000 dollars, being the first instalment of the French indemnity. The purchase money was left in the use of the Bank, being- simply added to the Treasury deposits. The Bank sold the Bill in England, and the holder sent it to France for collection: and arrange- ments not having been made by the French Government for its payment, it was taken up by the agents of the Bank in Paris, with the funds of the Bank in their hands. Under these circumstances, it has, through its organs, openly assail- ed the credit of the Government, and has actually made and persists in a demand of fifteen per cent., or Jg> 158,842 77, as damages, when no damage, or none beyond some trifling ex- pense, has in fact been sustained, and when the Bank had in its own possession on deposit, several millions of the public money which it Vv^as then using for its own profit." This is an unfair and partial view of the case : of which the following is the true exposition. In this transaction, the Bank was not the fiscal agent of the Government. It offered to become such, to collect the bill without charge, and to place the amount to the credit of the Government on the 2d of March, 1834, at the current rate of exchange of the best 280 WAR ON THE BANK — ITS ALLEGED OFFENCES. bills, on that day, in Philadelphia, but this offer was refused; and the Governnjent, after considering- proposals from other quarters, decided to sell the bill to the Bank — the Bank pay- ing for it nearly one and a half per cent, more than for a large amount of other bills, then purchased. The purchase money was not left in the use of the Bank, being simply added to the Treasury deposits. But had such been the fact, no change would have been made in the nature of the question. The payment was complete — the funds were to the credit of the Government, subject to its order, and as effectually out of the control of the Bank as if they had been withdrawn in specie. Not only was this the case; but the intention of withdrawal was immediately announced. Credit was given to the Treasurer on the 11th of February, 1833 ; and on the 6th of March, the Secretary offered to lend the money. Yet this was not all. The identical proceeds of the bill were actually used by the Government in payment of its ordinary expenses, by the 20th of May. The Bank paid the amount of the bill in the United States in the most inconvenient form. When it was protested in Paris, the agent of the Bank paid it on account of the Bank; so that the Bank actually paid for tlie bill twice; — having, of course, credit for the proceeds of the sale of the bill in Lon- don; but its actual disbursements on account of the bill were upwards of $1,800,000,— and when, on the 22d of March, the protested bill came back, the whole amount tQ the credit of the Treasury, throughout the whole United States, with , the exception of the Danish indemnity money, was not two thousand dollars more than the Bank had advanced on account of the bill. Had it been otherwise, the use of the deposits by the Bank would be no ground for the release of damages; since a full and covenant consideration was paid for that, by the stipulated services of the Bank, Upon return of the bill the Bank called upon the Govern- ment, according to invariable usage, for principal and dam- ages. The claim is a legal one, and there is not a disinter- ested merchant or lawyer of the land who does not pronounce it a just one. The demand was not only in the ordinary course of business, but was a duty to the Government, in or- der to enable it to prosecute with more effect, the claim whicii the nation, by its authorized agent, had then made upon the French Government, for the very damages due on protest for non-payment. If our Government had a right to draw the bill it has an unquestioned right to damages WAR ON THE BANK — ITS ALLEGED OyFENCES. 281 for its dishonour; — and the act of duty on the part of the Bank may enable the national treasury to receive as a stocklioider in the Bank, the sum of ^31,000 as its portion of these dam- ag-es. But its legal liability does not depend on this ; and it is denied, with a very ill grace by a party, which, under all cir- cumstances of solvency or insolvency has exacted damages on protested bills of exchange purchased from American citizens. But suppose the claim to be questionable, does it justify the fierce denunciation of the Bank by the Executive! It* is a question between American citizens and their Government, depending on the lav/ of the land and determinable by its ju- dicial tribunals. The Bank has ever demonstrated a disposi- tion to resort to these tribunals; but as it cannot sue the Gov- ernment, it has no other course than to excite the Government to bring suit against it. To this end, it has retained dividends on the United States stock, to the amount of the damages; and, by suit, the administration might, by this time, have set- tled the question. But throughout this war, it has sedulously avoided submitting any question, involved in it, to the arbi- trement of law ; and now proposes to employ its plenary power, to inflict additional injury on the Bank, by forbidding the reception of its paper at the Treasury, notwithstanding the nation has covenanted by law to receive it; and thus to annul a charter, not as the English monarchs have done, by a quo warranto, and a corrupt judiciary, which, thank heaven, is unknown to our country, but by a tyrannical stretch of legislative power. This purpose, we also thank heaven, the Executive cannot effect. If it have influence sulBcient, in the House of Representatives, to obtain its sanction to such a bill, there is power in the Senate to save the country from such indelible disgrace. o 433. V. The last reason assigned by the Secretary, for removal of the deposits is, that the Bank had sought political power. This is a grievous charge, and grievously, if true, should it be ansvv^ered. The specifications are: 1. That, with a view to influence the measures of the Gov- ernment, by causing its weight to be felt in the election of public officers, the Bank increased its discounts, from $42,- 402,304 24 to $63,026,424 93; nearly fifly per cent, in one year; and on the 1st of May, 1832, to $70,428,070 72, being an augmentation of $28,025,766 48 in sixteen months. This extraordinary increase of its loans, was made when the char- ter had but/owr years to run, with little chance of renewal; when she was aware of the necessity of closing up her vast 34* 282 WAR ON THE BANK— ITS ALLEGED OFFENCES. concerns, and upon the eve of a severely contested election, in which she took an open and direct interest, demonstrates, that she was using- her means for the purpose of obtaining a hold upon the people, in order to operate upon their fears, and to induce them, by apprehensions of ruin, to vote against the candidate whom it desired to defeat. Here is a singular compound of allegations of fact, and sup- positions. The former are untrue, and the latter wholly gra- tuitous. The time at which the alleged increase of loans was made, was not within /owr, but six years of the termina- tion of the charter; — a time at which no reasons of prudence required a limitation or reduction of the business of the Bank, other than the ordinary principle of safety. That such prin- ciple was duly regarded, is evident from the present perfect condition of the institution. The chances of renewal were greatly in her favour, as demonstrated by the fact, that an act for that purpose passed both Houses of Congress— the Bank could not, a priori, assume, or believe, that a President of the United States, avowing no constitutional scruples, would oppose himself, with his obnoxious Veto, to the declared sense of the country, upon a question of expediency. The hold which the Bank was to get upon the people implies, that the loans, if made, were made to insolvent debtors, with the knowledge of their insolvency. For, if made to solvent debt- ors in the ordinary way of business, they could have no effect upon the opinions or votes of the borrowers. There are things asserted in morals, as in physics, which are incredible, be- cause they are in opposition to known laws of action. It is contrary to these, that, an institution, whose end and aim is pecuniary profit, guided by intelligent men, should put at hazard twenty-eight millions of its funds, to affect an object that v/as already attained. For, there is not a man in the country who does not know, that had the President been neu- tral upon the subject, the Bank would have been rechartered without objection. The truth is, that in the year 1831, there being a most active foreign and interior trade, requiring unusual facil- ities for its operations, the Bank having received the reim- bursement of its loan to Government, amounting to more than eight millions; and having called in its funds in Eu- rope, and employed its credit there to the amount of four millions, possessing thus additional means of loaning, to the amount of nearly thirteen millions, actually increased its loans to the amount of seventeen millions; making in fact a mere WAR ON THE BANK — ITS ALLEGED OFFENCES. 283 increase of its investments not equal to five millions ; of which increase the new Branch Bank of Natchez, established within that period, alone contributed nearly three millions. 2. It is also charged, that, to obtain political influence, the Bank placed its whole capital at the disposition of its Presi- dent. This extravagant charge has no other foundation, than that, this officer was authorized to cause to be prepared and circulated, ^^such documents and papers as might communi- cate to the people information in regard to the nature and operations of the Banky The amount expended by virtue of this authority; was ex- aggerated by the Executive to $80,000; the objects to which they were applied, were congressional reports, pamphlets, relating to the Bank, and newspapers containing proceedings of Congress, and discussions of this interesting topic. Now, the expenditure for these purposes, during four years, instead of $80,000, was but $58,000, which the Bank was obliged to incur, to defend itself against injurious misrepre- sentations. With this expenditure, the stockholders, the na- tion included, are, so far as their sense can be ascertained, en- tirely content. The Directors, eligible by the private stock- holders, have been re-elected — the public Directors, eligible by the nation, who misrepresented and denounced the ex- penditure, have been rejected, expressly upon the ground of misrepresentation, in this very case. What more conclusive can be said, as to the propriety of the conduct of the Board, in their defence of the Bank! But how vast is the difference in the injury done to the na- tion, by the respective parties in this unnatural and causeless war made upon the Bank, by the administration. As stock- holders in the Bank, the citizens of the United States have lost twelve thousand dollars, which the Bank has been com- pelled to expend in self-defence. The people liold 70,000 shares of the stock, which, when the President of the United States declared war against that institution, were worth each 130 dollars. The result of that war was, to reduce the value of each share $25; making a loss upon the interest of the people, of one million seven hundred and fifty thousand dol- lars, which the President of the United States has caused by his electioneering, against the Bank, and for himself; and the loss which he has occasioned upon the aggregate amount of the Bank stock, was eight millions seven hundred and fifty thou- sand dollars!! 3. There is a third specification under the charge against 284: WAR ON THE BAKK — ITS ALLEGED OFFEKCES. the Bank — of attempting to gain political influence. It is made by the President, in his cabinet manifesto; but, the Sec- retary of the Treasury has had the grace not to dwell upon it, in his report to Congress. It is, " that the Bank controls, and, in some cases, substantially oums, and by its money sup- ports, some of the leading presses in the country," by un- warrantable loans. But as this charge has not been persisted in, and the reports of the Committeeof Investigation, in 1832, and the Senate Committee of 1834, cover the whole ground which Congress did not believe an improper one, we will not enlarge upon it, further than to say, it stands a monument of the baseless slanders which have been fabricated by party malevolence against this institution. In determining on the propriety of the conduct of the Sec- retary, we may consider the acts of the Bank, either as con- sistent with, or in violation of, the charter. In the first case, they are mere acts of administration or management of the Bank, which the United States, as a stockholder, has agreed to commit to the discrection of the Board of Directors. Nei- ther the Government Directors nor the President of the United Statess have a veto on the proceedings of the Board. If their resolutions be lawful, they bind all the stockholders, public and private; and if inexpedient, their correction is to be sought in the annual elections. Upon questions of admin- istration, within the legal competency of the Board, there is no more justification of an attempt to tear the Bank to pieces, by a part of the Directors, or by tlie Treasury Department, in support of them, because the voice of the minority is not respected, than there w^ould be for an attempt, by a State or States, for the like reason, to sever the Union. All the par- ties to the contract have agreed, that questions of administra- tion within the lawful competence of the Legislature, whether of the Bank or of the Union, shall be decided by a majority; and if they require correction, that they shall be corrected by a majority, and in no other way. Ifthe measures of the Bank were lawful, the dissatisfaction of the Secretary with them was no cause for removing the deposits. The management of the Bank has not been committed to him. Re has no right to inspect its management, or even its condition, except in a limited way, for the purpose of ascertaining the security of the deposits. To have given him the power of removal in any case in which he should deem the management wrong, would have been to give him, effectually, the management of the Bank in every particular. WAR ON THE BANK — ITS ALLEGED OFFENCES. 285 If, on the other hand, the acts questioned, are violations of the charter, the objection to the Secretary's acts are not less strong. He is not the officer to whom the charter has con- fided the authority to direct a prosecution for its violation. It has expix^ssly confided that authority to others — the Bank is entitled to be heard, before any judgment of violation is pronounced — and that judgment is to be rendered by the ju- dicial department only. 434. In addition to the outrage upon justice, the law, and the Bank, which we have nov/ recorded, we must notice an- other act of like character in taking from the Bank the pen- sion funds and agency. By the system of pension agency, as established by law, the Bank of the United States and its branches are required to pay the pensions in States where they are respectively es- tablished : and the Bank designates, for this purpose, some State Bank where there is no Branch Bank; and where there is no State Bank, the Secretary at War is authorized to ap- point a pension agent. The Administration made several efforts to obtain posses- sion of these fiinds, at certain places, prior to January, 1834, by transferring them to the State Banks, at Portsmouth and Albany; but, the remonstrances of the Bank of the United States exhibited the illegality of the m^easure in so strong a light, that, Mr. Eaton, Secretary at War, revoked, himself, one of his orders, and his successor recalled the other. These were very mortifying circumstances, producing a festering wound in the mind of the President ; the pain of which could be assauged, only, by vengeance. For this, a mean was supposed to be discovered in the phraseology of the pen- sion acts of 15th May, 1828, and 7th June, 1832, which, by forced construction, it was thought, might be separated from the general pension system; although they had been recog- nized as parts of tliat system, by every executive department, and, what is more to the purpose, by several subsequent acts of Congress, in which they were, by name, styled pension acts. This, however, proved no barrier to executive hivasion ; and in January, 1834, the Secretary at War an- nounced the appointment, on the same day, of fifteen new pension agents (pet banks,) to perform the duties, theretofore, fulfilled by the Bank of the United States, under the act of 1882 ; and, at the same time, that Bank was forbidden to pay any pensions accruing under that act, and directed to trans- 286 WAR ON THE BANK — ITS ALLEGED OFFENCES. • fer the funds, books and papers, relating thereto, to the newly nominated agents. With this requisition of transfer the Bank refused to com- ply, on the ground, that it was not warranted by law, and that the Bank was alike bound by its duty to Congress and regard for its own safety so to do. On the 4th of February, the President of the United States communicated this refusal to Congress, denouncing the Bank in unmeasured terms, for attempting to impede and defeat the measures of the administration, usurping the functions of the judicial power, and prescribing to the executive depart- ment the manner in which it should execute the trust con- fided to it by law. This grave but unfounded accusation, having been duly examined by the Senate, like every other accusation against the Bank from tiie same source, has been dissipated into thin air. On the 26th of May, the Senate resolved ; 1. That the Department of War is not warranted in appointing pension agents in any State or Territory v;here the Bank of the United States or one of its branches has been established, ex- cept when specially autliorized by act of Congress. 2. That, no power is conferred by any law upon the department, or Secretary at War, to remove the agency for the payment of pensions, under the act of 7th June, 1832, or the funds, books and papers, connected with that agency, from the Bank of the United States, and to appoint other agents to super- sede the Bank in the payment of such pensions. 3. That the act of Congress for the relief of certain officers and soldiers of the Revolution, passed on the ISth May, 1828, and the act supplementary to that act, passed on the 7th June, 1832, are properly acts providing for military pensions. In these posi- tions the minority of the Committee of \Vays and Means of the House concurred. The President had referred this subject to the Attorney General; who, to maintain the authority claimed by the Secretary of War, contends, from ihe words of the third section of the act of 1832, directing the pay allowed by the act, "to be paid to the officer, &c. at such places and days as the Secretary may direct;" "that as the power to appoint the place of payment is unlimited, the Secretary l may appoint a place at which there is no Bank or other pen- ' sion agent; in which case the power to appoint an agent to pay must, necessarily, exist, or the acknowleged power to appoint a place of payment be defeated. In this class of WAR ON THE BANK — ITS ALLEGED OFFENCES. 287 rases, the power to appoint a place of payment, is thus seen to include, as incidental to it, the power of appointing- an agent to pay. And if that power be possessed, in any one case, it would seem to be possessed in every other; unless, indeed, it can be held, that the same word, in this law, means one thing in reference to one place, and a totally different thing- in reference to another — a construction too refined to be readily adopted." We have, here, a new exposition of the principles which so broadly characterize the present administration, and in all their latitude. Their enormity is equalled only by the ab- surdity of the conclusions of the Secretary from his assumed premises. On other occasions the Executive contended, that, the right to superintend and direct an agent gives, as an in- cident, the power to remove him: now, the Executive claims that the power to appoint, is incident to the duty of superin- tendence. Thus, if the Legislature give to the Executive a supervisory or other connection with any subject, the power to modify it, to do all and every thing in and about it, is im- mediately obtained as incidental. And thus a right is set up not only to appoint and remove the officers established by the Constitution or created by lav/, but to create, direct and re- move officers, at the will of the Executive. The monstrosity of this principle becomes obvious, when we carry it into one of the most important departments of the executive functions — the army. As commander-in-chief the President may lawfully designate the times and places at which the army may assemble. But, says the Attorney Gen- eral, the power to designate the tiine wiien, and the place tvhere a thing shall be done, includes the pov.'er of determin- ing ivho and how many shall do it; therefore, the President may not only direct the troops, levied pursuant to lav/, to ren- dezvous, but may call forth as many soldiers and officers as he may choose. With such a power and such an Executive, our political liberties would soon be numbered among the relics of lost worlds. But, the conclusions of the Secretary are not less revolt- ing to reason, than his principles are to the Constitution. "The Secretary," he says, '-may appoint a place, at Avhich there is no Bank or other pension agent, in which case the power to appoint an agent to pay must, necessarily, exist." Now, we do not see this necessity of executive assumption of power, when the Legislature is half the year in session, and 288 WAR ON THE BANK ITS ALLEGED OFFENCES. may supply the omission, real or supposed, in any statutory provision. But let us, for a sing'le instant, admit the correctness of the Secretary's deduction. That necessity extends, only, to the case supposed; viz. that in which there is no Bank or other pension agent. A case forming an exception to the general rule, and of course, proving the rule; which is, that, where there is a Bank, or other pension agent, the Secretary cannot appoint. But the instant the exception is assumed, it IS converted into the rule, and the right claimed to appoint, where, and because, the law has not designated an agent, in tortured into a right, to appoint agents in all places, and es- pecially in fifteen places, where the law had already estab- lished them. The annual appropriation for pensions exceeds four mil- lions, and we cannot doubt that the desire to obtain the un- controlled possession of these millions and to increase the num- ber of dependants was the motive of the Executive, in divert- ing them into the channels through \yhich they now pass. With the other treasure of the nation, the pension millions were also obtained, save the small sum which remains in the Bank, subject to the disposition of Congress. It is proper, though almost needless, to say, that the views of the Attorney General had the entire concurrence of the President. 435. The Bank has been charged with violating its charter by the issue, for general circulation, of drafts of the branches on the parent Bank. This measure had become indispensable to supply the demand for the Bank paper, which could not be done by any exertion of the President and Cashier, wJio by law were required to sign the notes of the institution. The meas- ure was not employed until approved by able legal advisers, among whom was the Attorney General of the U. States. When adopted, it was approved at the Treasury Department, and such drafts were received upon the same footing as the 7iotes of the Bank; and their legality has been repeatedly confirmed by the approbation of the Committees of Congress, and by decisions of the Courts of the United States. Mr. Woodbury, the present Secretary, has however, in the fierce spirit of vindictiveness, given order to refuse these drafts in future payments to the United States. How far this measure will be injurious to the Bank we know not ; but we are cer- tain it must, cause much unnecessary inconvenience to the public. The great advantage of dealing with the Bank must keep these drafts in demand ; but the receivers may be put to W.4^ ON THE BAxNK — ITS ALLEGED OFFEKCES. 289 some delay in the use of the funds in their payments, espe- cially to the Government. 436. The Bank has been also charged with the multiplica- tion of its branches with the design of obtaining and extend- mg political influence. This charge is characterized with the most wanton disregard of facts. The principle which has governed the institution upon this, as upon every other sub- ject, is a due regard to its proper interests and the public ac- commodation.* If the Bank had sought, by multiplying its offices to exert a controlling influence over public sentiment, it would have been furnished a lair apology, in the numerous applications addressed to it from every quarter, to have mul- tiplied them almost ad infinitum. Those applications have been sustained, in many instances by men of the most exalt- ed reputation. Among these may be named, men of all par- ties, and no small proportion of such as have become the greatest enemies of its preservation and prosperity — Mr. Jeflferson, Mr. Madison, General Jackson, JVIr. Van Buren, Mr. Cambreleng, Mr. Grundy, Mr. Bell, Mr. Barry, Mr. Benton, &c. &c. In the last sixteen years there have been seventy-one ap- lications for the establishment of branches, embracing almost evpry part of the country. Of these, sixty -three have been rejected. Of the eight which have been granted, at Nash- ville, Natchez, St. Louis, Mobile, Portland, Burlington, Utica, and Buffalo, two only, at Utica and Burlington, were estab- lished by tiie Bank without an express call from the Legisla- tures of the respective States, wherein they were located, or the urgency of the Treasury Department. In relation to all charges against the Bank of attempting to obtain political influence, we may offer one conclusive ob- servation. All efforts for this purpose have been denied and disproved by all the Committees that have been appointed by Congress to inquire into its proceedings. But let us admit ex gratia that the attempt has been made. The result shows, that, for this purpose it is wholly powerless ; and that so far from being able to subject politicians to its wishes, it has been the victim of politicians, and is in imminent danger of destruction because it has refused to become their instrument. * It is difficult to conceive how it could in any way enlarge the sphere of its influence, by locating a branch where neither the wants of commercial men, or of any other class, required increas- ed banking facilities. The want of borrowers would seem to be as fatal to the spread of its influence, as the want of money to lend. 25 ^ CHAPTER XIX. THE JUDGMENT OF CONGRESS UPON THE SEIZURE OF THE PUBLIC TREASURE. 437. When the reasons of the Secretary were communi- cated to Congress, an effort was made by the executive par- tisans to divert attention from them to the conduct of the Bank, to put it, and not the Secretary upon trial. An effort was also made, to get the subject from the representatives of the nation into the recess of a committee room; thus to avoid the discussion which unpledged, unbiassed members would give it. These efforts were defeated ; and the debate on the report of the Secretary occupied Congress almost exclusive- ly, for nearly two months. 438. Had this subject come before Congress, simply, upon the relation which the law established between them and their jEiduciary, no other question than the sufficiency of his reasons, could have possibly arisen; and probably a sharp reprimand, perhaps impeachment, would have attended an or- der for the restoration of the deposits. But the far-reaching, all-grasping responsibility of the President, rendered the pro- priety of his conduct, the chief subject of consideration. 439. The removal of the deposits was ostensibly, peculiar- ly, a measure of the President, but in truth was that of Mr. Van Buren and the party. Its effect, as its design, was, to extend and confirm that influence which the abuse of the ap- pointing power had created. Upon it the reputation of the President, the hopes of his designated successor, and the pre- servation of the party were perilled. Nothing, perhaps, could more fully display the extent and the evil of the unconstitu- tional influence of the Executive, than the disregard it pro- duced, in Congress, of the remonstrances of the people upon this occasion. The removal of the deposits deranging the currency and impairing commercial confidence, had produced universal distress. The voice of complaint swelled from every part of the country, and the sufferings of the people overcame even party bias. Every mail bore to Washington petitions and remonstrances, condemnatory of the executive measures, and praying Congress, specifically, for relief, by the restora- 290 JUDGMENT OF CONGRESS. 291 tion of the deposits. The petitions against these measures were seven times more numerous than those in support of them ; every where the people convened, to condemn them, in masses which had never been collected, save in seasons of great excitement and imminent danger; the opinions of large districts which had been remarkable for unanimity in favour of the Executive, were changed; and the constituents of some of the most efficient tools of the President deserted them. Of the sense of the people, on this subject, there could be no doubt; seven-tenths of them disapproved of the removal of the deposits ; yet, such was the influence acquired by the Ex- ecutive over the legislative department, that their complaints were mocked, the representation of their sufferings declared untrue, and the source to which they ascribed them, denied by their representatives. 440. Committees from the people, instructed in their griev- ances, came personally, to the seat of Government, to present their views to Congress and the President. By the latter, they were, for a short season, received with courtesy : but, his undisciplined, arrogant, and irrepressible temper, could not long brook the complaints and remonstrances of those who were suffering beneath his policy. His impatience and an- ger were displayed in rude manners and captious questions; in violent and abusive denunciations of the Bank, and reiter- ated assertions of its insolvency. Commanding the petition- ers to seek relief at the hands of the President of the institu- tion, he mocked their distresses, declaring, that the failures which afflicted the country, were only amongst the stock-job- bers, brokers and gamblers, whom he wished to God were all swept from the land — that, he had never doubted that brokers, stock-speculators, and all who were doing business ona bor- rowed capital, would suffer severely, under the effects of his measures, and that, all such people ought to break ; — con- cluding with vociferations "that he would never restore the deposits, would never recharter the United States Bank, or sign a charter for any other Bank, as long as his name was Andrew Jackson." These undignified scenes could not but offend and disgust the nation. To avoid their consequences, the friends of the President, rather than expose him longer to occasions to which he was unequal, chose to shut the doors of the First Magistrate against the delegates of the people, charged to communicate their griefs, to remonstrate against their causes, and to enlighten and reclaim their author. For the first time, 292 JUDGMENT OF CONGRESS. in a free country, a Chief Magistrate refused to listen, in per son, to the voice of his constituents. 441. After a debate, as ardent and as able as was ever had between patriotism and illegal power, the reasons of the Sec- retary were sent to the Committee of Ways and Means. The reports of the majority and minority of that committee stand side by side, presenting the strong contrast of subservi- ence to executive will and patriotic devotion. Avoiding to put before the House the only proper question arising upon those reasons, the propriety of past executive action in rela- tion to the public treasure, the majority of the committee in- troduced new subjects for legislation : 1. Tiiat the Bank of the United States ought not to be rechartered ; 2. That the public deposits ought not to be restored to it; 3. That such deposits ought to be continued in the State Banks; and 4. That a committee should be raised to inquire into the man- agement, corruptions, and political conduct of the Bank of the United States. The House approved the first proposition by a vote of one hundred and thirty-five to eighty-two; sixteen members, though opposed to executive encroachments, having constitu- tional or other scruples against continuing the Bank. The second proposition on which the strength of the administration was displayed, was carried by a vote of one hundred and nineteen to one hundred and four: exhibiting the appalling fact that the Executive controlled one hundred and nineteen of the repre- sentatives of the people, not one of whom, so far as the evi- dence goes, conscientiously approved of the removal of the de- posits ; for every effort to procure a vote afiirming the suffi- ciency of the Secretary's reasons, was impracticable. 442. Under the 4th resolution, a committee of investiga- tion, of seven members, was raised, by a vote of 174 to 41. Five of the committee were notorious executive partisans, bent upon the destruction of the Bank, and therefore disposed to view with prejudiced eyes, and to misrepresent all its ac- tions. The Directors of the Bank, fully instructed in the character and objects of the committee, resolved to place themselves upon the rights guaranteed by their charter, to aid freely in every inquisition Congress might legally de- mand, but to resist, firmly, every effect of illegal search, orig- inating in a design to criminate the Directors. A committee of seven was appointed by the Board, of which Mr. John Ser- geant was chairman, to receive the committee of the House of Representatives, and to offer for their inspection, such JUDGMENT OF CONGRESS. 293 books of the Bank as might be necessary to exhibit the pro- ceedings of the corporation according to the requirements of the charter. The committee of inquiry sought to obtain absolute and ex- clusive possession of the books of tlie Bank — to abstract them from the banking house — to examine them, in secret, and without the presence of the agents of the Bank — to make them subsidiary to an inquest into matters not alleged to be vio- lations of the charter, but whicli supposed bribery and corrup- tion, in which members of Congress and directors of tlie Bank were parties. Other requisitions were made, covering a wide range of inquiry of the most miscellaneous character, including documents which had been already communicated to Congress; others which could not be prepared without great labour, and which were not necessarily, nor officially, in the possession of the Bank — matters on wiiich no desire of concealment could possibly be imposed — and others involving the highest confi- dence of individuals, not to be divulged, except under legal compulsion, without the grossest breacli of faith. These rea- sons, in connection with the objects for which the requisitions were made, constrained the Board to refuse compliance with most of them. In two investigations, previously made into the affairs of the Bank, it had submitted, without reserve, to every possible mode of inquiry, for every possible purpose. Congress had not assumed a hostile position against it, and the Directors felt full confidence in the disposition of the national Legisla- ture to do them justice, against any efforts, illegally, to im- peach their characters, or arraign their conduct. At the last investigation, they were applicants for a re-charter, and they could not object to any latitude of inquiry demanded by a House of Congress favourably disposed to their wishes, pro- vided the result of the examination should be satisfactory. In- stead, therefore, of placing themselves upon their rights, they opened all their books and papers to unconditional inspection and unreserved examination. The inquiry was pushed into every matter of alleged abuse, and wherever it was supposed the Bank was vulnerable. Nothing was spared ; nothing held oack. Books and papers v;ere submitted, and personal ex- uminations on oath were endured, although, avowedly for the purpose of discovering matters of inculpation against the Di- rectors. The materials thus collected, were spread before Congress, and the people, even by the exertions and the ex- pense of the Bank. 294 JUDGMENT OF CONGRESS. But, a very different state of things had succeeded this tri- umphant vindication of the integrity of the Bank. The hos- tility of the administration against it had become desperate and reckless, — its insolvency was falsely proclaimed — the most beneficial condition of its contract v.'ith the nation was violated, by withholding the deposits — a majority of the House of Representatives, elected before the passage of the late Bank bill, were pledged to the enmity of the administration, and liad declared their opinion, that the Bank ought not to be re- chartered, nor the deposits restored. To sanction this opinion, known, unqjaestionably, to be opposed to that of the nation, charges of the most unwarrantable designs, and the most cor- rupt practices, were alleged against the Directors ; to sustain which, per fas aut nefas, there was but too much reason to believe this committee of investigation had been raised. Whilst the Bank was, in every object of legal inquiry, bound by its charter, and willing, to co-operate, it was its right and its duty to resist every mode of inquisition for the crimi- nation of the Directors ; more especially, as every essential matter of inculpation, now brought forward, had already been examined into, and passed upon, by Congress. From the mea- sures of the administration and the majority of the House of Representatives, the objects of the committee of investigation could not easily be mistaken. But those objects are exhibited, in letters of light, by the minority of that committee, men distinguished alike for sound morals and cultivated minds. "They think, that no candid person, contemplating all the circumstances of the case, from the first demonstration of a policy on the part of the Executive, hostile to the Bank, down to the recent measures, in support of that policy in the House of Representatives, will deny, that its object was the over- throw of the institution, and the impeachmertt of its Direc- tors, before the bar of public opinion, if not before that of the judicial tribunals of the land, of gross malpractices, corrup- tions and frauds; and that the inquiry, to be conducted by the committee, was proposed to be one of the measures to pro- mote that end. So far from this being denied, they under- stand it to be, not only admitted, but claimed as a merit, on the part of the friends of the present administration of the National Government." In what spirit could such a design be met by honest and honourable men, conscious of their probity and of their ability to protect this valuable possession against invasion *? For, it JUDGMENT OF CONGRESS. 295 is against such, this disreputable inquisition was directed. The Bank is a mere legal abstraction, incapable of virtue or crime. Its Directors are the responsible agents — charged with a most cruel and perfidious design to bring universal dis- tress upon the country, for paltry and selfish ends — and for promoting these, with corrupting the conductors of the press, corrupting the people in the exercise of the elective franchise, and corrupting the members of Congress. Were they to sub- rait to the charge without a murmur — to admit the existence of a 'prima facie case against them ] Did the strong and in- dignant feeling, that their characters were outraged, while their rights were invaded, call upon them, voluntarily, to take the culprit's place, and endure the ignominy of an unwar- ranted and vexatious inquisition ] Or was it not rather the natural dictate of proud and conscious innocence to place themselves upon their rights, beneath the asgis of the law? 443. That the Bank had no wish to conceal any of its pro- ceedings, is still further demonstrated by the readiness and freedom with which it opened all its transactions to a Com- mittee of the Senate, soon after appointed ; which, sitting du- ring the recess of Congress, had ample time and means for investigation, and which has most fully exculpated the insti- tution. On this subject, that committee thus testifies, in their unanimous report: "They deem it proper to say, that, in the examination they have made, every facility was afforded by the officers of the institution, which the committee could have desired. No hesitation or reluctance was manifested in furnishing any book or paper which was required ; and every avenue to a full and free investigation, not only at the Bank, but at the several branches visited by the committee, or any member of it, was promptly laid open." 444. The committee of investigation from the House, baf- fled in an iniquitous purpose, reported their proceedings with resolutions affirmatory of the rights which they had claimed, and recommending that the Speaker issue his warrant for the President and Directors of the Bank, and bring them to the bar of the House, to answer for contempt of its lawful author- ity. The minority of the committee, Messrs. E. Everett and Ellsworth, who had throughout the whole inquiry dissented from their colleagues, also made report, ably sustaining the Directors, and declaring that, "firmly believing, that, they (the Directors) are innocent of the crimes and corruptions with which they have been charged; and that, if guilty, they 296 JUDGMENT OF CONGRESS. ought not to be compelled to criminate themselves, we are clearly of the opinion, that the Directors of the Bank have been guilty of no contempt of the authority of the House, in having, respectfully, declined to submit their books for inspec- tion, except as required by charter." Such, too, seemed the opinion of the House, and perhaps of the committee itself, as no further measure was seriously sought upon the subject. 445. In Senate, on the 20th December, Mr. Clay, beside a resolution censuring the President, which we shall hereafter notice, reported another, declaring, "the reasons assigned by the Secretary of the Treasury for the removal of the money of the United States, deposited in the Bank of the United Slates, and its branches, communicated to Congress on the 3d day of December, 1833, are unsatisfactory and insufficient." The debate on these resolutions continued until the 4th Feb- ruary ; when, that relating, immediately,to the Secretary, was referred to the Committee on Fmance, Mr. Webster chair- man, whose report, on the succeding day, closed with the re- commendation to the Senate to adopt the resolution ; which was done, on the 28th March, by a vote of 28 to 18. On the 28th May, Mr. Clay offered two joint resolutions to the Senate; one similar to that we have just mentioned — the other directing the public money accruing on and after the 1st July, 1834, to be deposited with the Bank of the Uni- ted States, pursuant to the charter. The first was passed by a vote of 30 to 16, and the second by a vote of 28 to 16. Be- ing sent to the House of Representatives, they were laid upon tlie table, there to sleep in oblivion. Thus, the majority of the House again shrunk from the question of the sufficiency of Mr. Taney's reasons; and though effectually sustaining liis measures, dared not meet the responsibility of formally justifying them. 446. A bill for regulating the disposition of the public money, was subsequently passed in the House of Represent- atives, but as it went to legitimate the outrage which had been perpetrated upon the country and the chartered rights of the Bank, it was rejected in Senate. The power of the public treasure, always, in free governments, jealously de- nied to the Executive, is for the present, in the President. Its use serves to perpetuate the power exercised over the co-ordinate authorities of the Government, and tends to con- centrate in the executive department the whole power of the State. The Legislature and the people are enveloped in JUDGMENT OF CONGRESS. 297 toils, which, even now, cannot be easily broken ; and the con tinuation of the Jackson dynasty, by the election of Mr, Van Buren or any other person carrying out the principles which have prevailed during the past six years, must, inevitably, pro- duce a Government so corrupting and corrupt, as to be un- worthy of preservation. CHAPTER XX. EXECUTIVE ASSUMPTIONS OF POWER. 447. We propose to group in this chapter several assump- tions of power on the part of the Executive, for which we have not found place in our preceding views. The first and most important is the right claimed over all the officers ap- pointed by the President, and its consequence, the control of the Treasury. But preparatory to the exan)ination of this claim, we must narrate the circumstances which led to its assertion. We have seen, that, by the law, the power over the de- posits of the public money in the Bank of the United States, was submitted to the discretion of the Secretary of the Trea- sury ; and that, its exclusive existence in him was expressly recognized by the President; but tliat, notwithstanding, the President removed the Secretary, because he would not sub- mit that discretion to him, — assuming an absolute right to direct that officer in all his duties. A more important question than this claim induces, has never come before the country since the organization of the Federal Government. It involves nothing less than the dis- tribution of the powers of the Government. If the assump- tion be sustained, all the officers of the Government cease to be the agents of the laws, and become tlie mere deputies of the President. Its first, and worst result, is to give him ab- solute control over the Treasury — to unite in the same hand the sword and the purse. This is the strongest case which can be put, of the mischief of such power, and in relation to it we shall consider the assumption. Upon a review of the Acts of Congress, no unprejudiced mind can, we think, fail to conclude, that it was designed to organize the Treasury Department, upon principles of re- sponsibility, different from those adopted in the other depart- ments. The act of 2d September, 1789, drops from the title the word " Executive," not by accident, but by design, as it was in the hilk as originally reported ; but what is more to the purpose, that act imposes upon him specific duties, and re- quires him "to make report and give information to either branch of the Legislature, in person or in writing, as he may 298 EXECUTIVE ASSUMPTION OF I'OWr.R. 21)0 be required, respecting all matters referred to him l,y the Senate or House of Representatives, or which shall apper- tain to his office; and generally, to perform all such services relative to the finances, as he shall he directed to perform. Whilst the acts constituting the departments of ytatc, of War, and of the Navy, impose upon their respective Secre- taries such duties as the President may direct, and require them to leport to him, the Secretary of the Treasury is to perform the duties relative to finance, as directed by Con- gress, and is required to report to them. x'^lthough the Secretary of the Treasury may have duties of an executive character to perform, yet his, is not an exec- utive department, in the performance of acts which concern the custody and security of the public monies in the treasury. His department is not, in this, a presidential department. To have placed the custody of the public treasure within the ex- ecutive department, would have been a constitutional incon- gruity—putting the power of the purse and the sword in the same hand — marring the harmony and simplicity of the whole scheme, by leaving to Congress the duty of paying the debts and providing for the common defence and welfare, while the money collected for these objects was not under their contrjol. It would make, and the adoption of the doc- trine has made, the power of appropriation entirely futile; be- cause, by force of it, the public money is as little under the control of Congress before appropriation as after; and it gives the control of the public treasure, so far as the position and distribution of it can give such control, to a department that can wield the whole force of the revenue against the legisla- tive department and the people. 448. Impressed with these views, Mr. Clay offered to the Senate, the following resolution: Resolved, That, by dismissing the late Secretary of the Treasury, because he would not, contrary to his sense of his own duty, remove the money of the United States in deposit with the Bank of the United States and its branches, in con- formity with the President's opinion; and by appointing his successor to effect such removal, which has been done, the President has assumed the exercise of a power over the Treasury of the United States, not granted to him by the Constitution and laws, and dangerous to the liberties of the people. This resolution, afler a protracted debate, was modified by 300 EXECUTIVE ASSUMPTION OF POWt**, the mover, and passed by a vote of twenty-six senators out of Ibrty-six, in tlie following words: Resolved, That, the President in the late executive pro- ceeding's, in relation to the public revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both," 449. This rebuke, inferior only to conviction on impeach- ment, excited the President to a novel and exceptionable measure, in the form of a protest against the act of the Sen- ate as illegal and unconstitutional. In this very extraordina- ry document, the President maintained the power he had as- sumed, upon the following principles. 1. That the executive power is vested in him by the Constitution: 2. That it is his sworn duty to take care that the laws be faithfully executed: 3. That it is his right and duty to nominate, and by and with the advice and consent of the Senate to appoint, all officers of the United States whose appointments, are not otiierwise provided for. From these premises, he infers, that, the whole Executive Power being vested in him, who is responsible for its exercise, it is a necessary consequence, that he should i have a right to employ agents of his own choice to aid him in the performance of his functions, and to discharge them when he is no longer willing to be responsible for their acts. In strict accordance with this principle the power of removal, which like that of appointment, is an original executive pow- er, is left unchecked by the Constitution in relation to all ex- ' ecutive officers, for whose conduct the President is responsi- ble, while it is taken from him in relation to judicial officers, for whose acts he is not responsible. 450. We have already shown, that the executive power vested in the President is that, and that only, which is derived from the Constitution — that there is, in the Federal Govern- ment no executive power prior to, and above that instrument — no original executive power whatever: — and, that, conse- quently, no power of removal, as the President contends, was taken from him, by the Constitution. We have shown, also, that, the responsibility here assumed by the President is ideal. He does not suppose, that he is liable to impeachment and punishment for the misconduct of any officer. The utmost extent of his responsibility is to public opinion — a tribunal which will always acquit him of the misconduct of his ap- \ pointees, unless they be appointed from corrupt motives, or be retained, in office, after unquestionable malversation, as in the case of the Postmaster General. EXECUTIVE ASSUMPTION OF POWER. 301 The argument derived from the duty of the President to take care that the laws be faithfully executed proves loo much; as,if it prove any thing-, it proves, that, the President may direct the judges, as well as other officers during plea- sure. The supervisory power cannot control the discretion of an officer, given to him by law, because the faithful execu- tion of the law consists in the exercise of such discretion; and to disturb that exercise is to violate the law, not to exe- cute it. It is a power not enlarging the President's authori- ty, but declaratory of the result of other powers before given to him by the Constitution. It is corrective, to put aside, where his power is adequate, both dishonesty and incompe- tency ; but it is not directortj nor transcendental, to bring all the officers and operations of the nation under his sway. Under the construction at present given to the Constitution and laws, the President, certainly, has the power to remove most of his appointees from office. But that is not the mat- ter, now, for consideration. The question is, whether the power to remove, involves, as a consequence, the right to direct. The principle which must govern this question would seem to be, that the right of direction, wherever it exists, re- sults from official connection, subordidation and responsibility and not from tenure of office. If the duty belong to the Executive Department, the right of direction is in its head, — if to the Judiciary, the right of direction is in the judges, — if to the Legislative, the right of direction is in Congress. The direction in these several cases, by force of this princi- ple, is in perfect harmony with the system. It proceeds from official responsibility to the principal, and the duty of the sub- ordinate, to follow what the principal directs. The subordi- nate is bound to obey, because the principal is responsible for him in the very matter directed, and his direction justifies the officer who obeys him. Any other principle must produce perpetual conflict and confusion. The attempt to make a test of the removing power fails as soon as applied. The mar- shals are, as to matters of judicial cognizance, directed by the Courts, to whom they are responsible, and for the proper di- rection of whom the Courts are responsible ; yet the Courts do not appoint, and cannot remove, the marshals. Under these views, the Si/pervisory power of the President may be reconciled with the responsibility of his appointee to another authority. His power will be corrective whilst the other will be directory and transcendental. Thus as in case of the Secretary of the Treasury, Congress may prescribe the du- 302 EXECUTIVE ASSUMPTION OF POWER. ties and require reports to them of its performance and the President may remove for ascertained non-performance or malfeasance. If, however, we grant to the President a direc- torial power, consequent on the power to remove, the case is not one of usurpation, but may be one of abuse of power. The propriety of an attempt to direct the conduct of the sub- ordinate, will depend on his powers and duties. If they accord with the direction given by the President, he may justly re- move for disobedience ; if they do not, the removal will be an abuse of power, perverting it to a purpose for which it was never designed. But the danger of this perversion is so im- minent whenever the superior officer is disposed to strengthen his own hands, that the power which makes the subordinate wholly dependent cannot be safely entrusted to him. This is fully demonstrated in the proceeding of the President on the removal of the deposits. 451. But, the President contends, that, the Treasury De- partment is on the same footing as the other departments; — that, the Secretary, being appointable and removable by him, is an executive officer, the mere instrument of- the Chief Magistrate, in the execution of the laws, and like the other heads of departments, subject to his supervision and control; That, the pretension, that, the Secretary is an officer of Con- gress is not warranted by any thing in the Constitution ; no joint power of appointment is given to the two houses of Congress; nor is there any accountability to them, as one body. The consequence of this position is, that, the President has uncontrolled disposition of the Treasury, as all the infe- rior officers must also be subject to his direction. The President, however, does not leave his pretensions to the possession of the Treasury to be for a moment doubtful, or to rest upon inference. He claimed distinctly the right to manage the public treasure, in his inaugural message ; and in his protest to the Senate, there is nothing equivocal ; the doctrines in that message are thus summed up by him: " It is settled by the Constitution, the laws, and the whole practice of the Government, that the entire executive power is vested in the President of the United States; that, as inci- dent to that power, the right of appointing and removing those officers who are to aid him in the execution of the laws, with such restrictions only as the Constitution prescribes, is vested in the President; that, the Secretary of the Treasury is one of those officers; that, the custody of the public property and money is an executive function, which, in relation to the EXECUTIVE ASSUMPTION OF POWER. 303 money, has always been exercised through the Secrelarv of the Treasury and his subordinates; that, in the performance ot these duties, he is subject to the supervision and control of Ifie ^-resident, and in all important measures having relation to them, consults the Chief Magistrate, and obtains his ap- proval and sanction ; that the law establishing the Bank did not, as it could not, change the relation between the Presi- dent and the Secretary— did not release the former from his obligation to see the law faithfully executed, nor the latter trom the President's supervision and control; that, afterwards, and before, the Secretary did in fact consult, and obtain the sanction of, the President, to transfers and removals of the public deposits; and that, all departments of the Government and the nation itself, approved or acquiesed in these acts and principles, as in strict conformity with our Constitution and laws. This unequivocal and presumptuous claim to the possession ot the public funds produced universal astonishment and in- dignation in Congress, and throughout the country, com- peting even the usually unyielding temper of the President to bow before them. An attempt was therefore, made within four days afler the communication of the protest, to qualify it by a supplement, alleging that several passages of the former might be misunderstood. " 1 admit," he said, " without reserve, as / have before done, the constitutional power of the Legislature to provide by law, the place or places in which the public money or other property is to be deposited, and to make such regula- tions concerning its custody, removal, or disposition, as they may think proper to exact. Nor do I claim, for the Execu- tive, any right to the possession or disposition of the public property or treasure, or any authority to interfere with the same, except lohen such possession or disposition or author- ity is given by laiv ; nor do I claim the right, in any man- ner, to supervise or interfere, with the person entrusted with such property or treasure, unless he be an officer whose ap- pointment, under the Constitution and laws,'is devolved upon the President alone, or in conjunction with the Senate, and for whose conduct he is constitutionally responsible." The extent of the claim of the President over the public property and money, as an executive function, is not at all narrowed by this explanation. Por all officers of the United States must be appointed by the President in conjunction with the Senate, by the President alone, or by the courts of 304 EXECUTIVE ASSUMPTION OF POWER. law, or the heads of departments ; in the last case, the sub- ordinates are appointed by the superior officers, and by and through them are subject to the President ; and he does claim, even in the supplement, by unequivocal implication, the right to "supervise or interfere with the person entrusted with the public property or treasure, if he be an officer whose appoint- ment is devolved upon him alone, or in conjunction with the Senate." 452. If it were the duty of the Senate to reprehend the in- terference of the President with the functions expressly, and exclusively, given to the Secretary of the Treasury, it was more specially required, to rebuke the audacious assumption of power maintained in the protest, as well as the invasion of the privilege of the Senate by the protest itself. By a vote of 27 to 16, a majority more than double that on the former reproof, the Senate resolved, "That the protest communicated to it on the 17th April, by the President of the United States, asserts powers belonging to the President, which are inconsistent with the just authority of the two Houses of Congress, and inconsistent with the Constitution of the United States." And, at the same time, the right claimed and exercised by the President, to make a formal protest against votes and proceedings of the Senate, declaring them to be illegal and unconstitutional, and requesting the Senate to enter such protest upon its journals was repudiated, and the protest was declared a breach of the privileges of the Senate, and refused a place on its journals. 453. Not content with the share in the appointing power, which the Constitution has allotted to the President, he has sought to engross the whole power to himself; by endeavour- ing to make his nominations imperative and conclusive upon the Senate; by availing himself of, and making, opportunities, to fill vacancies, without their consent; and by appointing to office, persons who have been rejected by the Senate. Thus when the Senate have rejected his nominations, as in the case of the Surveyor of the Port of New York, of the Receiver of the Land Office in Mississippi, he has renominated them ; pro- curing the appointment to be made in one case, though it was rejected in the other. So, when the presidential instruments, the Government Directors of the Bank, were rejected by the Senate, they were renominated, with a threat that unless ap- proved, no others would be named : Thus, the nomination to office which should have been made during the session of the Senate, has been reserved until the adjournment of that body, EXECUTIVE ASSUMPTION OF POWER. 305 When the officer has been nominated and thus enabled to hold his place until near the rising of the Senate from the sue- ceeding session ; by which means, the officer retained place for many months without the assent of the Senate, as was the case of Senator Hill, whilst officiating as a Comptroller of he Treasury : Thus, instead of submitting, at the earliest conve! ZrTP ^^^.f o^^^nation of the high offices of State, for the ap- probation of the Senate, as in the cases of Mr. Taney, Secretary o the Treasury and Mr. McLane, Secretary of State, he kept i.n 'A^ S^^ ^^^ ^'^^^^ P^'"^ ^^^ y^^^ ^i^'iout the approba- lon of the Senate, and many months during the session of that body : Thus, when the Senate rejected Stambaugh, the editor of a newspaper, nominated as an Indian Agent, he was immediately after appointed to the sub-agencyl and when Gwinn was rejected, as Receiver of a Land Office, he was immediately upon the rising of the Senate, reinstated in the office for which they deemed him unfit. 454. To this dispostion to abuse the power of appoint- ment belongs the case of the Turkish mission. It has al wavs been contended by the Senate that the President has no pow- er, without the advice and consent of that body, to institute a mission to a State with which we have had no previous di- ploinatic relations ; and whenever the occasion has presented Itself they have testified their disapprobation. Thus, they had negatived the mission instituted by Mr. Jefiorson to Russia- entertained the protest against the appointment of the minis- ters to Ghent, even during war ; and reproved the claim of right made by Mr. John Q. Adams in relation to the Panama mission. The power perhaps is a doubtful one, and much may be said, for and against it. Mr. Adams had instituted a mission to Turkey m 1828, and doubtless believed himself constitu- tionally entitled so to do. Granting the right of the Presi- dent to institute such missions, during the recess of the Sen- ate, he is certainly required, by the Constitution, to submit the appointment of the ministers he may select for the approval of the Senate, at the next session after the appointment, if the service shall so long endure. On the 12th September, 1829, and during the recess of the Senate, President Jackson appointed commissioners to nego- tiate a treaty with the Sublime Porte. All parties agreed, that, it was the duty of the President to have submitted the appointment of the commissioners to the Senate, unless the mission was at an end before the Senate had adjourned ; and 26 306 EXECUTIVE ASSUMPTION OF I'OVVER. for the justification of the President this was alleged to have been the fact. But, unfortunately, it was nat true, and the alle- gation was clearly an afterthought. For all purposes of moral responsibility that which is not known, which does not appear, does not exist. The treaty was signed on the 30th May, at Constantinople, 4000 miles distant from Washington, and sup- posing the signature to have terminated the character of the agents, to affect the action of the President it must have been known to him, in proper season. The Senate adjourned on the 31st May, and the President knew not of the execution of the treaty for months afterwards. But, the most extraordinary part of the case remains to be told. The ministers of the President, (under any other chief we would have said the ministers of the republic) who were supposed to be properly instructed in the history and politics of the State, which no one, it seems, in the Senate expected the President to be, had either led or suffered him to go wrong. Four of his cabinet counsellors had been members of the Senate during the memorable Panama discussion. One, the Secretary of the Navy, was the mover of the reso- lution declaratory of the rights of the Senate, and denying to the President the right then claimed, and here exercised; Another, Mr. Van Buren, was the most earnest advocate of those rights, denouncing the claim of power then preferred, as part of a long settled system, covertly, to increase the influence and patronage of the Executive ; and all four unit- ed in the vote on that occasion denying the power to the Ex- ecutive. From these facts, one of two inferences is inevitable, either these Cabinet ministers, when Senators, were insincere and factious in their denunciations of the intentions of President Adams or convinced of their truth were disposed to aid Pres- ident Jackson in the covert increase of influence and patron- age, — unless, indeed, we adopt the supposition, that, they little heeded such measures of the administration as came not with- in the pale of their respective departments. But this serves not Mr. Van Buren. He was directly charged with the management of General Jackson's foreign relations, and upon his advice the President, certainly, reposed. The inference, therefore, in relation to him, is, indeed, inevitable, that he wittingly usurped power forbidden by his own construction of the Constitution. He was fresh from the consideration of the subject; had examined it in all its bearings, knew and expos- ed its tendency; yet, recommended it to the President, and EXECUTIVE ASSUMPTION OF POWER. 307 aided to give it efiect. He lias, therefore, premeditatedly violated the Constitution to obtain power; yet ventures to solicit the suffrages of the people for that office, which will enable him most effectually to consummate a boundless am- bition. 455. The Senate of the United States firmly withstood all the efforts of the administration to subject it. The arts of the administration were not unessayed. The highest offices of the country were open to such of the members as devoted themselves to its defence. Upon the second recomposition of the Cabinet, after the rejection of Mr. Taney and the resig- nation of Mr. McLane, Mr. Forsyth, Senator from Georgia, became Secretary of State, Mr. Dickerson, late Senator from New Jersey, Secretary of the Navy, whilst Mr. Wilkins, Senator from Pennsylvania, received the Russian mission, Mr. Buchanan's term in its use having expired. 456. In the House of Representatives the administration was more successful ; it had obtained a majority of members which was adroitly managed by the Speaker whose allegiance had been entirely secured, even before his election to the House, by the assurance that he should have the important mission to England, which for near a year was kept vacant for him. The Speaker, even, when the majority of the House is against him, may impart much of the colour of his wishes to its proceedings. By artful construction of the rules and lex parliamentaria, he may give a desired direction to its busi- ness; may facilitate party measures concocted out of the House; by convenient deafness and shortsightedness may exclude from debate dangerous opponents; and by the appointment of Committees may give a first impression to any measure, and advance or retard it at pleasure. When the majority of the House is with him, all this may be done, not only with im- punity, but with applause. The dark stain of turpitude is almost invisible, in the glare of success. The election of Mr. Stevenson of Virginia, Speaker of the House in the 22d Congress, to the 23d Congress and to its pre- siding chair was truly anticipated and the Executive seems, to have, early, resolved to secure his allegiance by all those liens which he could weave around an ambitious mind. To him, therefore, the English mission was, confidentially, proposed on the 15th of March, 1833. The proposal was kept secret lest it should prevent his election. He went to the House, therefore, under a secret promise of a high office, the consideration for which he could not mistake, and presided when a bill was 308 EXECUTIVE ASSUMPTION OF POWER. passed, appropriating to himself, an annual salary of $9,000, and a like sum for outfit. There cannot be a doubt that the Speaker paid the price which was expected. It is notorious, tliat, in performance of his ordinary official duties, he gave such offence, that some weeks elapsed, after his resignation, before the House ten- dered to him, reluctantly and ungraciously, the accustomed vote of thanks; and, that, his devotion to Executive measures separated him from the people of his district and the Legis- lature of his State. The Senate of the United States, re- jecting the nomination, most properly, set upon this collusion, the seal of reprobation for which there was never a more im- perative requirement. 457. We have thus noticed the principal measures of the Jackson administration, with the exception of the manifold corruptions of the Post Office Department. This Depart- ment, upon the advent of the administration was in such prosperous condition, that, it not only paid its expenses, but gave a surplus of funds applicable to the general revenue. But in a few short years its receipts, were not only inadequate 10 pay the demands upon it, but it was involved in a debt of some hundred thousand dollars, which had been incurred, by extravagant contracts and extra allowances given to party agents. To meet the deficiency, the Postmaster General borrowed large sums, upon the credit of the United States without any authority, whatever, and directly in contravention of the Constitution. The measure was unanimously con- demned in the Senate. Not a voice was raised to justify or extenuate the gross and criminal assumption of power. A partial examination into the operations of the Post Office by a Committee of the Senate had developed many and enor- mous abuses, which induced the appointment of another Com- mittee to prosecute the inquiry during the recess of Congress. Afler months of labour, that Committee developed and reported at the close of January 1835, a mass of corruption, which could scarce be paralleled in the most rotten governments of Europe. Unfortunately, this document, when published, will be so vo- luminous, that, it will not be read by the greater proportion of the citizens. We would, if it were before us, have, wil- lingly, undertaken to prepare a synopsis of its contents ; but must, now, content ourselves with giving the first action of the Senate, upon cne report, in the form of a resolution now be- ibre that body. EXECUTIVE ASSUMPTION OF POWER. 309 " Resolved, That, the General Post Office is deeply in debt — its affairs in great disorder — its accounts and reports ir- regular, unsatisfactory, and in many instances untrue — that large sums of money have been wasted and paid over to fa- voured individuals, upon false pretences — and that its con- duct and administration are justly the subjects of public com- plaint, and demand a radical reform." We have denied that the President is responsible for the conduct of his appointees. If he were, all the turpitude of the administration of the Post Office would fall upon him, and he would be liable for impeachment for high crimes and mis- demeanours. But the President has a supervisory power which requires him to remove from office for incompetence or malfeasance. Admit him to have been totally ignorant of the crimes of the officers of the Post Office department pre- vious to the investigation of 1834, he became, or might have become, fully instructed in regard to the report of the commit- tee. Admit that, he chose to ascribe much of that report to par- ty action, it was impossible for him to have placed upon that ground the condemnation of the Post Master General, for ille- gally borrowing monies upon the credit of the U. States ; since the flagrancy and enormity of the offence called forth an unan- imous vote of reprobation in the Senate. What then became the duty of the President, upon the principles recognized by all parties? Was it not the removal of the unfaithful officer"? But so far from doing this, the President has retained and commended him, and sought to bring the odium of the people upon the Senate; perverting the powers vested in him by the laws to the protection of bribery, peculation and direct vio- lation of Ihe Constitution. Is it asked what inducement had the President for such a course? The answer is at hand. The Post Master General had the most abundant means, and was the most efficient agent, in support of the Jackson party ; and whatever he may merit from the country, he deserves thanks and protection from those he has faithfully and ably served. RECAPITULATION. 458. Tlie measures which President Jackson has origina- ted or sustained, reprehensible as they are in present inflic- tion, have an aspect yet more fearful and portentous. They have become precedents, which, as articles of party faith, guiding future practice, threaten to overthrow the most valu- able institutions of the country. His official term draws to a close, the influence of his name will pass away, but the evil he has countenanced will live after him. The successor whom he has designated, entertains, as is understood, all the dangerous doctrines which the present incumbent has main- tained. He is of middle age, artful and ambitious, with facul- ties in full vigour, and with a disposition and means to carry those doctrines out to their most dangerous results. In a word, the doctrines of Jacksonism are party doctrines, and as such are to be dreaded and combatted. We will exhibit a summary of them, and contrast them with those professed by the Whigs. This exposition will show, that no name was ever more misapplied, than that of Democratic Republicans, which has been assumed by the Jackson party, 'i'heir true designation is Tory ; which has long characterized the party, which in free governments is opposed to representative de- mocracy. I. The Tories hold, that, the President, as the depositary of the executive power, has the right to control and direct every officer who is appointed by him, or his appointees: — That, he may dismiss any such officer at his pleasure, for causes which have, or have not, relation to his official duties; That, all offices are distributable, as rewards to devoted par- tisans, to be holden so long, only, as the incumbent performs the party services required of him: That, in the appoint- ment to office, the Senate is bound to confirm all nominations made by the President, under the pain of being deemed fac- tious, and a worthless excressence upon the body politic. The Whigs hold, that, in appointments to office, the voice of the Senate is as potential and independent as that of the President, the one to nominate and the other to confirm ; and that, it is the duty of the President, to submit every nomina- tion for confirmation, at the earliest possible period : That, 310 RECAPITULATION. 311 the term of office should be so long as tlie incumbent compe- tently and faithfully performs his official duties; that, being- selected for his capacity and integrity, he should be wholly independent of party; and that, consequently, offices are not spoils of party victories; That, the President has a super- visory power over all his appointees; that, he may dismiss them from office when they are faithless and incompetent; but that, being the officers of the law, the law prescribes their duties, with which he cannot interfere ; nor has he rightful power to remove them for any cause, whatever, not connected with their official duties, much less for the purpose of punish- ing political opponents, or rewarding political friends. II. The Tories believe, that, it is a proper employment of the executive patronage, to influence the elections, by the corrupting cry of " rotation in office," and the ministration of executive officers in party contests: That, it is just and politic to employ such patronage in influencing and directing the two Houses of Congress, rewarding with the highest hon- ours of the nation, the most active and unscrupulous parti- sans. The Whigs believe, that the voter should be kept as free as possible from all official influence — that, official mcumbents, being unrestrained in their political opinions, should cautiously abstain from bringing the influence of their places to bear upon the polls; and that, whilst members of Congress should be eligible, as, but not preferably to, other citizens, to official honours and emoluments, their appointments to place should never be purchased by party services, or obedience to execu- tive commands. III. The Tories advocate the equalization of imposts upon every species of import, not duty free ; the surrender of pro- tection for all manufactured articles not indispensable in war; the free importation of foreign manufactures, regardless of the destruction of our own; the reduction of the revenue to an amount barely sufficient to pay the army and navy, and the civil list; and that, the National Government should neither appropriate money for, nor direct any species of, public im- provement The Whigs teach, that, the wants of the Government, whatever they may be, should be supplied by imposts upon such imports as rival and injure our manufactures, so far as this can be done, without prohibiting the imports; that, under this limitation, every species of domestic industry should be fostered ; that, the revenue should be sufficient, not for a 26 312 RECAPITULATIOK. wasteful expenditure upon visionary projects, but for the sup- port of such schemes of public improvement, by roads, canals and rivers, as may tend to promote the public weal ; and that, in effectuig- these objects, Congress may either subscribe money in aid of the enterprize of others, or may direct the execution of such works, by the agency of the public officers, in such way as to the assembled wisdom of the nation may seem meet. IV. The Tories proclaim it sound policy to reduce the price of the public lands to a mere nominal amount ; though such reduction can have but little effect to promote settle- ments, but must create and invigorate speculations^ resulting in the enhancement of price to the settlers, and probably in the foundation of a landed aristocracy: And they also deem it wise to encourage the new States of the West in a fraudu- lent and threatening demand of the gratuitous gift of all the public lands within their respective limits, — generating dis- content and bitter animosity among all the States. The Whigs hold the public lands to be a beneficiary trust for all the Slates — that, they cannot be sold for a song, nor given away without a breach of good faith — that the proceeds of their sales may, and ought, when not required for national use, to, be appropriately divided among all the States for the purpose of internal improvement, in the equitable ratio of congressional representation. V. The Tories consider the veto as an ordinary power of the Executive, to be used for the control and direction of the legislative power of the representatives of the people, when- ever it opposes his notions of expediency — and to be made an instrument for rendering the people dependent for their happiness upon the President's will. The Whigs deem the veto, an extraordinary power, design- ed for use upon special occasions, but chiefly for the protec- tion of the constitutional rights of the Executive from inva- sion — to be rarely and discreetly exercised, to repress some great and apparent evil, but never to be employed to thwart the sense of the nation on matters of mere expediency, as ex- pressed by its appropriate legislative agents, specially, dele- gated to provide for its wants. VI. The Tories, hold that the President may not only negative all laws which he may deem inexpedient, but also such as Congress shall presume to initiate, without his pre- vious assent. The Whigs would confine the President to such powers is RECAPITULATION. 313 regard to legislation as are given by the Constitution, and deem all other claims arrogant and dangerous presumptions. VII. The Tories claim, for the President, the right to ap- peal, from the determinations of Congress, to the people, and to construe the responses of the people as he shall understand them; thereby creating an overruling power wholly irre- sponsible, and convertible into his own absolute will. The Whigs recognize no power not found in the Constitu- tion, while the Constitution is in force; know no mode of ex- pressing the popular will, other than through the regularly constituted organs of the people; and hold all appeals from the established authorities, as the arts of the demagogue to obtain, for himself, absolute power. VIII. The Tories deny to the Senate of the United States the right to inquire into the action of the executive depart- ment and the proceedings of its officers; because in case of impeachment they may be required to act judicially upon charges against such officers: thus depriving the Senate of its most important legislative power, that of inquiring into and correcting abuses. The Whigs affirm, that, the Senate is a legislative body, which, except in originating money bills, has as unlimited and unqualified legislative powers as the House of Represen- tatives; and not only may, but is bound by duty, to, inquire into the administration of the Government in all its branches, to aid in creatino- additional means for that administration where they are wanted, to investigate and expose abuses, and those who commit them, even though the guilty should fill the first offices of the State: And they also, believe that the Senate should not be diverted from this duty because the ac- tion of another body, over which it has no power, may result in impeachment. — The offences which may be discovered and exposed by the Senate may not be impeachable ; and if they be, the Senate is fully as capable of acting impartially, as judges, after such inquiry, as the ordinary judges of the land, upon ordinary offences, into which, before trial, they make inquiry, upon which they express an unequivocal opinion, by the commitment of the offender, and upon whom, they subse- quently pronounce judgment. IX. The Tories maintain, that, in our relations with the Indian tribes, might is right ; that, though treaties with them were binding in our weakness, they are bonds feeble as flax touched by the fire, in our strength ; that the national faith solemnly pledged to the natives and to foreigners for the in- 314 RECAPITULATION. dependence of the Indian race and the safe and uninterrupted possession of its lands, is to observed, only, so long as it may be enforced by peril in its breach ; but that our power, the slave of our interest and convenience, may drive that race from the cradles of their children and the tombs of their fa- thers into the wilderness, to retrace their steps in the path of civilization or to perish in a state, uncongenial to their pre- sent habits: And that, the President of the United States may refuse to enforce such treaties and the laws made to support them, simply by assuming a right to dispense with all laws, treaties or otherwise, which he may choose to think un- constitutional. The Whigs hold, national faith, the most valuable of na- tional possessions, because when the hour of trial may come that champion is thrice armed who has his quarrel just: That, the weakness of the Indian tribes, does not, absolve us from the obligations of justice and solemn contract; but gives them additional claims upon our kindness and forbearance, in the greater need they have for our protection: That, the President of the United States is the servant of the law; that the obligation of treaties and laws cannot, depend upon his sense of their constitutionality ; but that, he is bound by the acts of his predecessors and himself in making treaties and making laws; and that if it were otherwise, the right to refuse to execute the laws, because he may believe, or pre- tend to believe them unconstitutional, would be a power to dispense with all laws, and would, indeed, make the Presi- dent, what he has assiduously sought to become, the sole gov- ernor of the land. Upon this concise and imperfect view of the principles which animate the prevailing parties of the country, it is ob- vious, that we are restored to the political state which exist- ed before the election of 1834. — That the country is divided between parties impelled by antagonist principles : — That the party in. power, like all parties in power, has a tendency to increase its power ; and for that purpose has taken grounds that render the Executive paramount to the other branches of the Government ; which give to the country, under repub- lican forms, a Government, more despotic than monarchy in Great Britain or France, and which is operating a revolution. That revolution the people, only, can stay, by a reforma- tion in the admmistration; by the election of such representa- tives as will not be the servants of the administration, but its •observers, its reprovers and its prosecutors, when occasion RECAPITVLATION. 315 Bhall require. Does not that House of Representatives need reform, whose members, forgetting- that they are represen- tatives of the people, seek office, distinction or popularity, by proclaiming their merits as soldiers of the administration] '* I," said Mr. McCarty, of Indiana, in debate, on 2d February, 1835, " / am an older soldier in the service of the adminis- tration than that gentleman, {Mr, Lane) and have defended it from the earliest period, and will do so again, as long as I have the honour of a seat here^ The man who could thus devote himself to party and to power, is in mind fitted for the slavery of an eastern harem, and justice sliould qualify him, physically, for the service. Body and mind should be equally emasculated. To effect this reformation we appeal to the people, the whole people, not to the portions of parties, which, in squads of some ten to fifty office-seekers, claim to be the people; but to that great mass of the community which has no interest in the Government, save in its legal and faithful administration. That, sooner or later, that people will take their cause into their own hands, we cannot doubt ; but, the longer they de- lay, the more difficult and perilous will be the effort. We say perilous ; for history affords few examples of power ille- gally obtained, which has not been maintained by fraud and force. That revolution will be stayed, but prompt activity is re- quired. There are, and must ever be, many points of differ- ence in a country so various and extensive as ours. But there is an interest dear to all, paramount to all, the preservation of the national freedom and integrity. This interest must swal- low up all others ; in its gratification all must seek delight — to preserve it, unanimity is indispensable among all those who see and feel the dangers which threaten it. They must sur- render, in the selection of a Chief Magistrate, sectional feel- ings and personal predilections, and unite upon some individ- ual, who shall bo the representative of the principles of all, in relation to the violations of the Constitution, by President Jackson and the party which has used him for revolution. APPENDIX A. Statemnt showing the dividend of each State {according to its federal population) in the proceeds of the public lands, after deducting therefrom fifteen per cent, as an additional dividend for the States in which the public land is situated. Estimated proceeds of lands $3,000,000; deduct 15 percent., $450,000, and $2,550,000 to be divided among all the States according to their population. states. Federal population 1830. Share in proceeds of public lands. Maine, . - - New Hampshire, Massachusetts, - Vermont, - - - Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, - - - Maryland, - - - Virginia, - - - North Carolina, - South Carolina, - Georgia, - - - Alabama, - - - Mississippi, Louisiana, - - - Tennessee, Kentucky, - - - Ohio, Indiana, - - - Illinois, - - - Missouri, - - - 399,437 269,326 610,408 280,657 97,194 297,665 1,918,553 319,922 1,348,072 75,432 405,843 1,023,503 639,747 455,025 429,811 262,508 110,358 171,694 625,263 621,832 935,884 343,031 157,147 130,419 $85,387 48 57,573 71 130,487 59 59,995 93 20,777 12 63,631 72 410,128 29 68,389 59 288,176 64 15,202 93 86,756 89 218,793 82 136,758 45 97,270 51 91,880 52 56,116 22 23,591 19 36,702 95 133,662 21 132,928 77 200,063 54 73,329 59 33,593 25 27,879 68 11,928,731 316 i 1\ *^ -b ^^ l^ \. 0- sf /; I LIBRARY OF CONGRESS 011 896 171 7 ^ ^