>p^. %. --^ ^r\' . ^.^ "c-y ^^. ■ "^-r- --^ ■^^" •^/-. , % '':^:>' '- ^^'°^. .^'"' ^°.^. , ^. *' K ^ ^V ^ 1 • , C ■> ^ \^ # ¥: %^ x'^^' ^^''^-^•.^ ,,, . ,. <<. ^. ^o.. J" s A^' ^'-^"S^ ^^- ,.\- ..^ 3^ :r ij '^. S^ -'-s- LIFE OF JAMES KNOX POLK, THE LIFE JAMES KNOX POLK, tak l^rtsitoflt iif tijt Enitcii Itnlcs. JOHN S. JENKINS, AUTHOR OF "the HISTORY OF THE WAR WITH MEXICO," ETC., ETC. EQUAL TO HIS DUTY— NOT ABOVE IT." AUBURN : ^ i JAMES M. A L D E N 1850. Entered, according to act of Congress, in the year 1850, by JAMES M. AEDEN, in the Clerk's Office of the District Court of the United States for the Northern District of New York. '. B. SMITH, Stereotyper, 216 William st., N. Y. HON. WILLIAM L. MAECY, AS A TOKEN OF HIGH PERSONAL ESTEEM IS RESPECTFULLY INSCRIBED, BY THE AUTHOR. PREFACE. The life of anj American President, I feel confident, would not need to be specially commended to the atten- tion of liis countrymen, — and certainly not that of James K. Polk, — for whatever may be the opinions entertained in regard to the administration of which he was the head, it must be conceded that great and important measures were submitted to their consideration and action, and that interests of the deepest magnitude were confided to their hands. Mr. Polk could not have said, with Augustus Caesar, that he found the capital of the republic built of brick, and left it constructed of marble ; but he might have claimed that he found her territories bounded on the south by the Sabine and the 42d parallel, and her au- thority west of the Rocky Mountains existing only in name, — and when he transferred the government to other hands. New Mexico and California w^ere annexed to her domain, and her flag floated in token of sovereignty on PREFACE. the banks of the Rio Grande, on the shores of the Straits of Fuca, and in the bay of San Francisco. How and in what manner these territorial acquisitions were made, is a question worthy of inquiry. Mr. Polk did not want for able defenders to vindicate the policy of his administration ; nor did his conduct escape censure and criticism. By some, as in the pamphlet of the late Mr. Gallatin, one of the most important measures with which the late President was identified — the war with Mexico — was reviewed in a spirit of candor and frankness, yet, as I think, under the influence of erroneous imipressions with regard to the facts upon which conclusions were based ; and by others, as in the Review of Mr. Jay and the productions of those who have followed in his wake — sed Ion go intervallo — with pure and honest motives, but with dogmatic assumptions, and appeals to the passions and the sympathies, rather than with well-founded argu- ments. It is not claimed for this volume, that it is entirely impartial. Entertaining his own views in all sincerity, the writer has not hesitated to express them ; and this right he is quite willing should be exercised by those who differ from him in opinion. It has not appeared to me to be advisable, to present a detailed history of the war in Mexico, for two reasons. In the first place, so much has been written on the sub- PREFACE. Xi ject, that there is very little left to add to the accounts of the campaigns ; and secondly, it would seem like claim- ing for Mr. Polk individually, the merit of transactions in which he had no direct participation, and therefore doing his memory a positive injustice. Aside from all political considerations, there is some- thing in the character of Mr. Polk, in his early struggles and in his triumphs, which is worthy of notice, and will challenge admiration. " There is nothing so interesting to me,"' says Joanna Baillie, ^' as to trace the course of a prosperous man through this varied world. First, he is seen like a little stream, wearing its shallow bed through the grass, circling and vrinding, and gleaning up its treasures from every twinkling rill as it passes ; fur- ther on, the brown sand fences its margin, the dark rushes thicken on its side ; further on still, the broad flags shake their green ranks, the willows bend their wide boughs o'er its course ; and yonder, at last, the fair river appears, spreading his bright waves to the light."* For a great portion of the materials from which this book has been prepared, I am indebted to the kindness of many friends, all of whom I could scarcely enumerate ; but each individually will please accept my sincere thanks. * Comedy of the " Second Marriage." CONTENTS CHAPTER I. Thomas JeflFerson— Declaration of American Independence— Oripjin of the Movement— Early Settlers of North Carolina— Character— The Meck- lenburg Resolutions — The Polk Family— Their History — Patriotic Conduct during the Revolution .... 17 CHAPTER II. Birth of James K. Polk— His Parents — Their Children — Removal to Tennessee— Early Life and Character of .Tames— Youthful Ambition— His Education— Enters the University of North Carolina — Character as a Student — Graduates — Honors bestowed upon him by his Alma Mater ........ 85 CHAPTER III. Commences the Study of the Law in the OfBce of Felix Grundy— Se- cures the Friendship of Andrew Jackson — Admitted to the Bar— Success in the Practice of his Profession— His Political Associations— Stylo and Manner as a Public Speaker— Chief Clerk and jVIember of the Ten- nessee Legislature — Duelling Law — Internal Improvements — His Mar- riage—Mrs. Polk ....... 45 XIV CONTENTS. CHAPTER IV . Chosen a Member of Congress — Repeated Keiilections— Opposition to Mr. Adams' Administration— The Panama Mis-ion and the American Sys- tem — Support of General Jackson and Mr. Van Buren — The Tariff Ques- tion — Internal Improvements — The Pension Laws — United States Bank — Independent Treasury ...... 67 CHAPTER V. Dissensions in the Republican Party in Tennessee — Nomination of Judge White for the Presidency— Course of Mr. Polk— Chosen Speaker of the House of Representatives — Reelected — Character as a Presiding Officer — Vote of Thanks— Farewell Address .... 85 CHAPTER VI. Mr. Polk supported by the Democratic Party in Tennessee as their Candi- date for Governor— The Canvass— His Election— Inaugural Address — Executive Recommendations — His Administration — A Candidate for Reelection— Defeat— State Politics .... 100 CHAPTER VII. Presidential Canvass of 1844— The Texas Question— Letter of Mr. Polk to the Citizens of Cincinnati — The Baltimore Convention — Nomination of Mr. Polk— His Acceptance — Resolutions of the Convention — The Elec- tion — Reception at Nashville — Journey of the President Elect to Wash- ington — His Inauguration — Address .... 118 CONTENTS. XV CHAPTER VIII. Position of the President— His Cabinet— The Washington Globe and The Union— Meeting of Congress— First Annual Message— The Oregon Boundary Question— History and Progress of the Negotiation— Ultima- tum of the American Government— Proposition of Great Britain— Con- clusion and Ratification of a Treaty . . , iQi CHAPTER IX. Opposition of Mexico to the Annexation of Texas — The Question of Boun- dary—American troops ordered to Texas— Attempt to Negotiate— Re- fusal to receive a Minister — Advance of General Taylor to the Rio Grande — Commencement of Hostilities— Incidents of the war — Repeated efforts to open negotiations— The Armistice— Treaty of Peace . 23G CHAPTER X. The Independent Treasury — Tariff of 1S43— Course in regard to Appoint- ments—River and Harbor Veto — Second Annual Message— Special Mes- sage on the Improvement Bill — Thirtieth Congress — President's Mes- sage — Refusal to Communicate Diplomatic Correspondence — Oregon Territorial Bill — Views of Mr. Polk — Presidential Election — Last Con- gress during his administration — Inauguration of his successor. 2S0 CHAPTER XI. Return to Tennessee — Speech at Richmond — Arrival Home — Prospects for the Future— Vanity of Human Hopes and Expectations — His Death — Funeral Honors — Personal Appearance and Character — Conclusion 325 LIFE OP JAMES K. POLK CHAPTER I. Thomas Jefferson.— Declaration of American Independence.— Origin of tlie Movement, — Early Settlers of North Carolina. — Character. — The Meck- lenburg Resolutions. — The Polk Family. —Their History. — Patriotic Conduct during the Revolution On the southwestern slope of Monticello, — in the midst of the native forest hallowed by associations which have protected it from the faggot and the axe, and where the soft winds that disturb its solemn stillness murmur cease- lessly of the storied past. — there stands a plain granite obelisk, looking forth over the fair land, which he, who reposes there in the silence of death, loved with the af- fection of a son, and whose institutions he regarded with peculiar veneration. No heraldic blazonry may be wit- nessed there, — none of the sculptured pomp of woe. All is simple, chaste, appropriate — yet impressive. Read the few lines graven upon this humble memento, in remembrance of one who asked no nobler monument ! — The inscription, in brief but eloquent words, relates a whole chapter, and that the brightest and the proudest 18 JAMES KNOX POLK. Id the life of liim Avliose memory is thus consecrated.-— " Here lies buried, Thomas Jefferson," — so runs the record,—" Author of the Decharation of Independence 1" This is not merely the assertion of a claim to the authorship of that memorable document, which can per- ish only with toe nation that it called into existence ; but it is also an important historical fact, and one of ■which the party directly concerned, and those interested in his memory, have just right to be proud. It is, as it w^ere, the impartial judgment of the recording Muse. As such, it will live in the history, and be perpetuated in the traditions, of the American people. But neither the Saf>-e of Monticello, nor his most ardent admirer, CD ' ever claimed that he was the sole originator of the great movement to which tlie Declaration of '76 gave form and substance. Its germs were planted in ten thousand hearts, long before the resolutions of Patrick Henry concerning tlie Stamp Act Vv^ere offered, or his eloquent voice had sounded the alarm ; its hopes and its impulses throbbed in ten thousantf bosoms long before the chimes of the old State-liouse bell in Philadelphia proclaimed " liberty througliout this land, unto all the inhabitants thereof ;" and they only waited '"the hour and the man" to call them into action, and give them expression. Occasions were not wanting, when the intolerance of oppression, and the stern resistance to tyranny, which were characteristic of the colonists, found utterance in something more than mere words and protestations. Such were the opposition of Massachusetts, in 1680, to the commercial restrictions ; the refusal to surrender the charter of Connecticut to Sir Edmund Andros ; the EARLY INHABITANTS OF NORTH CAROLINA. 19 public sympathy evinced in Ne^Y York, in behalf of those who were prosecuted for libels on Governor Cosby ; Bacon's rebellion in Virginia ; and the repeated efforts made in the Carolinas to resist the oppressions of the proprietaries. At a later day, as the time approached for the general outbreak, its foreboding thunders were heard not only among the hills of New England, but they were echoed amid the leafy forests and luxuriant savannas of the sunny South ; and when the signal of war was given at Lexujgton, the citizens of Mecklenburg County, in far- distant North Carolina, assembled in Convention, and were the first solemnly and deliberately to proclaim their independence of the British crown. The first settlers and inhabitants of North Carolina had conceived a strong " passion for representative government ;" they were opposed, alike from prejudice and from principle, to excessive taxation, to commercial monopolies and restrictions, and to any abridgment of their political liberties. They were men " who had been led to the choice of their residence from a hatred of restraint, and had lost themselves among the woods in search of independence. Are there any who doubt man's capacity for self-government, let them study the history of North Carolina ; its inhabitants were restless and turbulent in their imperfect submission to a government imposed on them from abroad ; the administration of the colony was firm, humane, and tranquil, when they were left to take care of themselves. Any government but one of their own institution was oppressive."* ♦ Bancroft's History of the United States, vol. ii., p. 158. I 20 JAMES KNOX POLK. [1735- We cannot wonder that such was the character of the founders of this colony, when we inquire into their ori- gin. They were the descendants and kinsmen of the Scottish Covenanters ; of the men who, at all times op- posed to the exercise of arbitrary authority, resisted the tyrannous measures of Charles I., and set Cromwell at defiance ; of the Seceders of 1741 and 1843, who would not consent to allow the right of patronage, or permit the civil power to interfere in the affairs of the Church endeared to them by the associations of infancy, and the recollections of age. They sprung, in great part, from the Scottish colonists who emigrated to Ireland under the auspices of James I., and settled there to disseminate the reformed religion, "for conscience sake." From Ireland, the Scotch-Irish Presbyterians journey- ed across the Atlantic, in search of the freedom in mat- ters of religion which had been denied to them at home. Pilgrims in quest of " a faith's pure shrine," — where he who ministered in holy things should be the faithful and devoted servant of his God, and not the misero.ble de- pendent on royal favor, — they braved persecution and danger, the perils of the sea and of the land, to erect their standard and practice their creed, unquestioned of man, amid the solitudes of the Western World. Not in vain were these trials undergone, or these perils encoun- tered. Their patient endurance was rewarded by the discovery of the object which they earnestly longed to se- cure. They planted the groves and the orchards, whose rich fruitage has blessed and cheered their posterity, " They liave left unstained -what there they foiindj— Freoclom to worship God !" 1785. J EMIGRATION FROM IRELAND. 21 About the year 1735, or shortly thereafter, the em- igrants from Ireland " sought the wilds of America by two avenues ; the one, by the Delaware River, whose chief port was Philadelphia, and the other by a more southern landing, the port of Charleston, South Carolina. Those landing at the southern port, immediately sought the fer- tile forests of the upper country, approaching North Carolina on one side, and Georgia on the other ; and not being very particular about boundaries, extended south- ward at pleasure, while, on the north, they were checked by a counter tide of emigration. Those who landed on the Delaware, after the desirable lands east of the Alle- ghanies, in Pennsylvania, were occupied, turned their course southward, and were speedily on the Catawba : passing on, they met the southern tide, and the stream turned westward, to the wilderness long known as ' Be- yond the Mountains ;^ now, as Tennessee. These two streams, from the same original fountain, Ireland, meet- ing and intermingling in this new soil, preserve the char- acteristic difference ; the one, possessing some of the air and manner of Pennsylvania ; and the other, of Charles- ton. These are the Puritans, the Roundheads of the South, the Blue-stockings of all countries ; men that set- tled the wilderness on principle, and for principle's sake ; that built churches from principle, and fought for liberty of person and conscience, as their acquisition, and the birthright of their children."* From what has been said, it must not be inferred, that the inhabitants of North Carolina, during the Revolution, * Foote's Sketches of Xorth Carolina, p. 188. 22 JAMES KNOX POLK. [1775. ■were, to a man, devoted to the Whig cause, — that there ■were no Loyalists among them. That ■was not the case. North Carolina differed not in this respect from her sis- ter colonics ; and the remarks of Judge Marshall, ■with reference to the citizens of the Southern States generally, are particularly applicable to her population. " Being almost equally divided," he says, '' bet-ween the t-wo contending parties, reciprocal injuries had gradually sharpened their resentments against each other, and had armed neighbor against neighbor, until it became a ■war of extermination. As the parties alternately triumph- ed, opportunities ■were alternately given for the exercise of their vindictive passions."* In the lower counties of North Carolina, ■within the atmosphere of the provincial court, nearly all the inhabitants Avere infected "with loy- alty, ■while in the upper counties there "vvas as great a pre- ponderance of Whigs. Bet-ween the t-^'O parties, or fac- tions, a fierce and unrelenting -o'arfare -^as incessantly ■waged. Occupied as they were -with enemies at home, the Whigs of North Carolina were therefore unable to spare many of their number for service in distant sec- tions of the Confederacy^ ; and it cannot, in justice, be mentioned to their reproach, that they remained at home, to protect their ^Yives and children, their property and their firesides, from their infuriated opponents. In the mountain district of North Carolina, the seeds of independence ■^vere early sown, and they soon germi- nated and ripened for the harvest. In this remote re- gion there were thousands of spectators, ■^'ho "watched * Life of Wasliington, vol. iv. p. 486- 1775.] THE MECKLENBURG MEETING. 23 with eager anxiety the progress of the controversy in the Eastern provinces. The Boston Port Bill, and the act for restricting the commerce of the colonies, — though North Carolina, with New York, was excepted from the provisions of the latter,* — were not viewed with indif- ference. Frequent public meetings were held in Meck- lenburg county, then embracing the present county of Cabarrus, in the spring of 1775, at which the tyrannical measures of the British government were freely discussed. Those who participated in these discussions were sober, reflecting men ; moderate in speech and prudent in coun- sel, yet firm as their native hills, and whose patri- otism was as real and as pure as the virgin gold that slept undisturbed beneath them. As the result of their deliberations, it was finally agreed '^ that Thomas Polk, Colonel of the militia, long a surveyor in the province, frequently a member of the Colonial Assembly, well known and well acquainted in the surrounding counties, a man of great excellence and merited popularity, should be empowered to call a convention of the representatives of the people, whenever it should appear advisable. It was also agreed that these representatives should be chosen from the militia districts, by the people themselves ; and that when assembled for counsel and debate, their decision should be binding on * This exception was made, partly because the provincial assemblies of New York and North Carolina had not yet officially recognized the meas- ures of resistance adopted in the other colonies, and partly through the in- tercession of Governor Tryon, of New York, formerly the governor of North Carolina.— See Jones' Defence of the Revolutionary History of North Car- olina, p. 162, ot soq. 24 JAMES KNOX POLK. [1775. the inhabitants of Mecklenburg."* The proclamation of Governor Martin, the last royal governor, dissolving the last provincial assembly that met in North Carolina, be- cause its members could not be rendered subservient to his wishes, which was issued on the 8th of April, and the consequent excitement, seemed to present the emergency contemplated by the citizens of Mecklenburg. Accordingly, Colonel Polk issued his summons calling upon the committee-men to assemble in Charlotte, the county town, on the 19th day of May, 1775. Promptly obeying the call, between twenty and thirty of the most respectable and influential citizens of Mecklenburg, being the delegates chosen in the several districts, met in coun- cil at the appointed time. The occasion, also, called to- gether a large concourse of citizens, who did not directly participate in the proceedings, although heartily concur- ring in them. Of this convention Abraham Alexan- der was made chairman, and John McKnitt Alexander officiated as clerk. After the organization was completed, papers, brought by express that day, were read in the presence of the assembled multitude, announcing that the first blood of the Revolution had been shed at Lex- ington. The effect of this announcement was electrical. Every pulse throbbed high with patriotism,— every heart swell- ed with honest indignation. One general cry was raised in favor of declaring themselves forever independent of a government that paid no heed to their just complaints, and sought to chastise them into submission. Resolu- tions tantamount to a declaration of independence, pre- pared by Dr. Ephraim Brevard, were then read to the * Foote's Sketches, p. S4. 1775. J PROCEEDINGS. 25 Convention, and referred to a committee consisting of their author and William Kennon, Esq., and the Rev. Heze- kiah James Baich, for revision. Eloquent speeches were also made bj the members of the committee and other gentlemen. All the speakers concurred in expressing the opinion, that independence was both desirable and necessary ; but in the course of the animated discussion, a serious difficulty was suggested. After the defeat of the " Regulators" by Governor Tryon, on Alamance creek, in 1771, the inhabitants of that section of the col- ony had been forced to take the oath of allegiance to the King of Great Britain ; and the question was now asked, how could they absolve themselves from that allegiance 1 Various replies were made to this inquiry ; some scouting at the idea, and others insisting that allegiance and pro- tection were reciprocal, and when the latter was with- drawn, allegiance ceased. At last one of the speakers carried his audience with him, by pointing to a green tree standing near the Court- house, in which they were assembled, and at the same time saying — " If I am sworn to do a thing as long as the leaves continue on that tree, I am bound by that oath as long as the leaves continue. But when the leaves fall, I am released from that obligation."* But it was not thought advisable hastily to come to a determination. One night was therefore given for further reflection and consultation, and the Convention adjourned till the follow- ing day at noon. All that night long, and during the following morning, * Foote's Sketches, p. 37. 26 JAMES KNOX POLK. [17T5. the town of Charlotte presented a strange scene of ex- citement. The step proposed to be taken was the great theme of discussion. Grave men deliberated upon it in the privacy of their homes ; while their juniors collected in groups at the corners of the streets, to interchange their sentiments with more freedom, and with greater earnestness. When the time arrived for the reassem- bling of the Convention, the decision at which all had arrived, might have been read in the kindling eye and the firmly-compressed lip. The people had collected in still greater numbers from the surrounding country ; and not the least interested among the spectators, were the wives and mothers of many of those who were fore- most at this crisis, and who came there to encourage their husbands and sons by their kind words, and to cheer them with their smiles. The resolutions of Dr. Brevard, as amended by the committee, were again read amid the most profound still- ness. One universal ''aye" was the response of the Convention; and after the adjournment. Colonel Polk, from the court-house steps, read to the intensely-excited crowd that gathered round him, the following resolutions embodying the Declaration of Independence : THE MECKLENBURG DECLARATION. " 1st. Resolved, That whosoever directly or indirectly abet- ted, or in any way, form, or manner, countenanced the un- chartered and dangerous invasion of our rights, as claimed by Great Britain, is an enemy to this country — to America — and to the inherent and inalienable rights of man. *' 2d. Resolved, That we, the citizens of Mecklenbiu-g Coun- 1775.] THE MECKLENBURG DECLARATION. 27 ty, do hereby dissolve the political bands which have con- nected us to the mother country, and hereby absolve our- selves from all allegiance to the British Crown, and abjure all pohtical connection, contract, or association, with that nation, who have wantonly trampled on our rights and liberties, and inhumanly shed the blood of American patriots at Lexington. " 3d. Resolved, That we do hereby declare ourselves a free and independent people; are, and of right ought to be, a sovereign and self-governing Association, under the control of no power other than that of our God, and the general government of the Congress ; to the maintenance of which independence, we solemnly pledge to each other our mutual cooperation, our lives, our fortunes, and our most sacred honor. " 4th. JResolved, That as we now acknowledge the exist- ence and control of no law or legal officer, civil or militar}^ within this county, we do hereby ordain and appoint as a rule of hfe, all, each and every of our foi-mer laws, — wherein, nevertheless, the crown of Great Britain never can be con- sidered as holding rights, privileges, immunities, or authority therein. " 5th. Resolved, That it is further decreed, that all, each and every military officer in this county, is hereby reinstated in his former command and authority, — he acting conforma- bly to these regulations. And that every member present, of this delegation, shall henceforth be a civil officer, viz., a Justice of the Peace, in the character of a ' Committee- man,' to issue process, hear and determine all matters of controversy, according to said adopted laws, and to preserve peace, union and harmony, in said county ; — and to use every exertion to spread the love of country and fire of freedom throughout America, until a more general and organized gov- ernment be established in this province." 28 JAMES KNOX POLK. [17T5. Loud cheers and other tokens of approbation followed the public reading of the resolutions by Colonel Polk ; and when the people separated to return to their homes, their countenances and their actions indicated that they were well pleased with what had been done. The authenticity of the Mecklenburg Declaration was for a long time questioned. The resolutions were pub- lished in the Cape Fear Mercury, and were character- ized by Governor Martin, in a proclamation issued on the 8th day of August, 1775, as " a most infamous pub- lication, * * * importing to be the resolves of a set of people styling themselves a committee for the county of Mecklenburg, most traitorously declaring the entire dissolution of the laws, government, and constitution of this country, and setting up a system of rule and regula- tion repugnant to the laws and subversive of His Majesty's government."* Copies of them were likewise dispatched, by a special messenger, to the delegates of North Caro- lina in the Continental Congress, who approved of them in sentiment, but thought the step premature, and there- fore did not present them to the body of which they were members, as they were requested to do. Yet, from the local character of these proceedings, they did not attract public attention to as great a degree as they would otherwise have done, and consequently no mention was made of them in the histories of Ramsay and Marshall. Mr. Jefferson, in a letter written in July, 1819, in reply to one received from John Adams refer- ring to an account of the Mecklenburg declaration the^ ♦ Jones' Defence, p. 185. 1775.] MR. JEFFERSON MISTAKEN. 29 recently published, treated the whole matter as a hoax.* The publication of this letter, shortly after the decease of the writer, created considerable excitement in North Carolina, and particularly among the descendants of the revolutionary patriots of ^Mecklenburg county. Measures were finally taken by the legislature of the state to col- late and arrange the documents relating to the Mecklen- burg declaration, with such other testimony having refer- ence to the subject as might be obtained. These were published under the direction of Governor Stokes, in 1831 ; and by them, and other publications which have subsequently appeared, the authenticity of the Mecklen- burg proceedings is established beyond cavil or doubt. f Mr. Jefferson was certainly mistaken. It can no longer be questioned that the citizens of Mecklenbui'g county were the first to declare their independence, as the province itself was the first to empower her delegates in Congress " to concur with the delegates of the other colonies in declaring Independency."! But it is unneces- sary to calumniate the memory of Mr. Jefferson in order to render justice to North Carolina, as has been done by one of her writers. § He was in error, — honestly so, as the playful tone of his letter to Mr. Adams most conclu- sively shows. The truth can harm no man ; and that will not deprive him of one of his laurels, or detract in aught from his well-earned fame. * Jefferson'3 Works, vol. iv. p. 314. t Mecklenburg Declaration and Accompanying Documents, published under the authority of the General Assembly of North Carolina, Raleigh, 18.31 ; Jones' Defence, p. 294, ct seq.; Foote's Sketches, p. 3.3, ct seq.; ibid., p. 2f)4, ct scq. t Journal of the Provincial Congress, (Raleigh, 1831,) p. 12. § Sco Introduction to Jones' Defence. 30 JAMES KNOX POLK. U-^^5. Among the most active participants in the Mecklen- burg proceedings, were Thomas Polk and Ezekiel Polk, the former of whom resided in the immediate vi- cinity of Charlotte, and the latter in the neighboring province of South Carolina, just over the border. They, with other prominent and influential men, appeared to take the lead in the movement, and their opinions and their action had great weight with their fellow-citizens.* " Tradition ascribes to Thomas Polk the principal agency in bringing about the Declaration ;"t and it is said that an old resident of North Carolina, a Scotchman, being asked if he knew anything in relation to the matter, re- plied — " Och^ aye, Tam Polk declared Independence lang before anybody else !"t The two Polks were brothers ; and the Alexanders, the chairman and clerk of the Mecklenburg meeting, and Dr. Brevard, the author of the resolutions, were their near relatives. Thomas Polk was the great uncle, and Ezekiel Polk the grandfather, of James K. Polk, the late President of the United States. The founder of the Polk family in America was Robert. Polk. His ancestors were of Scotch origin. They were among the colonists who settled in Ireland, and the family name is obviously the Irish corruption of Pollock. Robert Polk was born in Ireland, and was the fifth son of Robert Polk the elder, a native of the same country, who married Magda- len Tusker, the heiress of a considerable estate. Robert Polk, the younger, married a Miss Gullet, by * Mecklenburg Declaration and Accompanying Dociunents, p. 16. t Jones' Defence, p. 295. % Mecklonbiu-g Declaration, &c., p. 26. 17T5.] THE POLK FAMILY. 31 whom he had several children ; and among them were Thomas and Ezekiel Polk. Soon after his marriage — probably between 1735 and 1T40 — he removed to Amer- ica with others of the Scotch Irish immigrants, and estab- lished himself in Somerset County, on the Eastern Shore of Maryland. Some of his descendants are still to be found in that state ; and they were known for many years, in Somerset, as the republican, or democratic fam- ily, because they were the only persons in the county occupying prominent positions in society, whose political sentiments were of that complexion. Other members of the family, including Thomas, Ezekiel, and Charles Polk, followed the current of emigration which swept onward to the base of the Allcghanics, and located tem- porarily in the neighborhood of Carlisle, in Pennsylvania. From thence the three brothers, Thomas, Ezekiel, and Charles, removed to the southwestern frontier of North Carolina, about the year 1750, and settled in the county of Mecklenburg, then a part of Anson county, in the rich champaign country watered on the one hand by the noble Yadkin, and on the other by the romantic Catawba. Ezekiel subsequently changed his residence to South Carolina. The citizens of IMecklenburg county were not unmind- ful of the pledges they had given, mutually among each other, to maintain, at every hazard, the independence which they had declared ; and when the tide of war rolled thitherward, and their borders were harried with fire and sword, they remained firm and steadfast in their adher- ence to the cause they had espoused. In the contest for independence the Polks were especially conspicuous. 32 JAMES KNOX POLK. [1YT5. Thomas being the eldest, he was naturally looked up to as the head of the family, and was put forward more promi- nently : he was a delegate to the Provincial Congress, colonel of the second battalion of minute-men raised in Salisbury district, the commanding officer of the militia of Mecklenburg county, and afterwards colonel of the fourth North Carolina regiment in the Continental ser- vice. But Ezekiel was not a whit behind his brother in zeal and devotion ; his support of the cause was as earnest and disinterested, his attachment to it as honest and sin- cere. In May, 1YT5, he received a captain's commission from the authorities of South Carolina, upon the recom- mendation of the Provincial Congress, and immediately thereafter raised a volunteer company of Rangers, who "were employed against the Cherokee Indians and the To- ries. So faithfully did he execute the duties required of him, that he became particularly obnoxious to the lat- ter, and when the country was overrun by Cornwallis and his troops, he found it necessary to " take protec- tion," in order to save himself, his family and his prop- erty, from their vengeance. Charlotte and the adjacent country had long been re- garded by the British officers in command at the South, as the harboring-place of "traitors and rebels;" and when the Whigs of the lower counties in the two Caroli- nas were forced to flee before the myrmidons of Rawdon and Tarleton, they were sure to be welcomed here with open hands and hearts. After the disastrous battle of Camden, in 1780, Lord Cornwallis established the head- quarters of his army at Charlotte, which he termed the "hornet's nest," and "the hotbed of rebellion." He 1775. J OUTRAGES OF THE TORIES. 33 quartered his troops in the dwellings of its inhabitants, and fed them on the provisions and supplies forcibly taken from their stores. A dark cloud seemed at this moment to obscure the for- tunes of America. Nearly all the states south of the Potomac were overrun by the royal troops, and their Tory allies were murdering and pillaging with impunity. '' The British army was chiefly subsisted by plundering the Whigs, and a system of confiscation was adopted to transfer their real estate to their Tory neighbors by forced sales, the meagre proceeds of which went into the military chest. Stimulated by revenge and encouraged by exam- ple, it is not surprising that the Tories filled the country with rapine and blood. The farms of Whigs supposed to be in arms, were ravaged, their houses rifled and burned, and their wives and children turned out to perish, or sub- sist on charity, which dared not let the left hand know what the right hand did, lest it should be punished as a crime. If a husband and father ventured to look after his houseless flock, he was waylaid and murdered. Pris- oners were hanged or shot down in cold blood, and even members of the same families became the unrelentinc: ex- ccutioners of each other. * * * The laws were literally silent, and there were no courts to protect property or punish crime. Men hunted each other like beasts of prey, and the savages were outdone in cruelties to the living and indignities on the dead."* It was in this hour of gloom, that many of the best and truest patriots in the land " took protection," as it was * Kendall's Life of Jackson, pp. 42, 4-1. 34 JAMES KNOX POLK. [1780. called, of the invader. This was not in the nature of an oath of allegiance, but simply a pledge not to molest the British troops while occupying a particular section of the country, in consideration whereof, protection was to be afforded against the Tories, and the spoliations of forag- ing parties. It was never considered to be an impeach- ment of a man's fidelity to the colonial cause, that he ^' took protection ;" it was often done, in an emergency, from the best of motives, — the safety of one's family and home; it was done by the noble martyr Hayne, and no stain rests on his memory. Indeed, it was the highest evidence of patriotism, for no one suspected even of a leaning towards Toryism needed to " take protection." The citizens of Mecklenburg county and the adjacent country, were the first to renounce their allegiance and declare themselves forever independent of the British crown. To that declaration they adhered in and through all. They " took protection," it is true, when the foot of the victorious Briton was planted upon their hearth stones. But they never despaired of the republic, — they never faltered in their faith : and one of the ablest and most untn-mg of their persecutors has borne willing and repeated testimony to the fact, that their patriotism, from first to last, was ardent and sincere.* * Tarleton's Campaigns of 1780 and 1781, p. 159, et seq.— See, also, Steadman's History of the American War, vol. ii. p. 217, et seq. CHAPTER II. Birfch of James K. Polk— His Parents— Their Children— Removal to Ten- nessee — Early Life and Character cf James — Youthful Ambition — Hia Education— Enters the University of North Carolina — Character as a Student — Graduates— Honors bestowed upon him by his Alma Mater. James Knox Polk was born in Mecklenburg County, North Carolina, on the second day of November, 1795, and was the oldest of ten children. His father was Samuel Polk, a son of Ezekiel Polk, before mentioned. His mother was Jane Knox, the daughter of James Knox, after whom her oldest son was named, a resident of Iredell County, North Carolina, and a Captain in the war of the Revolutionc His parents were married in 1794« Besides Ihe late President, they had five sons and four daughters. Three of the laticr are now living. Of the sons, Marshall T. married and settled in North Carolina, and died there ; V Franklin, John, and Samuel W., all died unmarried; ' and William H., appointed by President Tyler, in 1845, Charge d'Aflfaires to the Kingdom of the Two Sicilies, and a major of the 3d dragoons during the war with Mexico, now resides in Columbia, Tennessee. Samuel Polk, the father, was a plain, unpretending farmer, but of enterprising character ; from necessity and inclination, frugal in his habits and style of living, yet kind and generous in disposition. " Thrown upon his own resources in early life, he became the architect of 36 JAMES KNOX POLK. [1806. his own fortunes."* Immediately after the close of the Revolution, a strong tide of emigration set in from Mecklenburg and the adjoining counties, and flowing over the Mountains, rolled down upon the ranges of grassy hills, the undulating plains, the extensive reaches of grazing land, and the fertile valleys of Tennessee. Attracted by the glowing accounts, given by the first settlers and adventurers, of the beautiful daughter of his native state, Samuel Polk formed a determination to re- move thither with his family ; and if honesty of purpose, enterprise and industry, could accomplish that end, to achieve a competence for himself, and those who looked up to him for support and protection. From one cause or another the fulfilment of his design was postponed till the autumn of the year 1806, when, accompanied by his wife and children, he followed the now well-trodden path of emigration that conducted him to the rich valley of the Duck river, one of the principal tributaries of the Tennessee. Here, in the midst of the wilderness, in a tract of country erected in the following year into the County of Maury, he established his new home. His example was imitated by all the Polk family in North Carolina, who, with the exception of one branch, " emigrated, and cast their lot in with the bold spirits that sought a home in the great valley of the Missis- sippi."! Having purchased a quantity of land, Samuel Polk employed himself in its cultivation ; following, at inter- vals, the occupation of a surveyor. By dint of patient * Democratic Review, May, 1838. t Foote's Sketches, p. 309. 1806.] EARLY LIFE AND CHARACTER. 37 industry and economy, and by his untiring and energetie perseverance, he acquired a fortune equal to his wishes and his wants. He lived to behold the country around him become flourishing and prosperous ; to see its dark forests pass away like some vision of enchantment, and its broad plains and valleys blooming with fruits and flowers, and teeming with the luxuriant produce of a fer- tile soil. He lived to witness the brilliant triumphs of his first-born son in his professional career, and to mark his manly bearing as he advanced with rapid strides on the pathway to greatness and fame. Respected as one of the first pioneers of Maury, and esteemed as a useful citizen and an estimable man, he finally closed his life at Columbia in 1827. His wife, a most excellent and pious woman, afterwards married a gentleman by the name of Eden, and is now living in Columbia, loved and revered by all who know her, and can appreciate her many vir- tues and her worth. ^ Her son James, the subject of this memoir, passed his boyhood in the humble position in life which his parents occupied. The lessons that he learned in this school were never forgotten* Here was formed his manly and self- reliant disposition : here were imbibed those principles of economy, industry, integrity and virtue, which adorned his ripened manhood. He was by no means a stranger to what, — unless, as in his case, accompanied by a happy and contented heart, — is the drudgery of daily toil. He assisted his father in the management of his farm, and was his almost constant companion in his surveying ex- cursions. They were frequently absent for weeks to- gether, treading the dense forests and traversing the rough 38 JAMES KNOX POLK. ["1806. cane-brakes which then covered the face of the country, and exposed to all the changes of the weather, and the dangers and vicissitudes of a life in the woods. On these occasions, it was the duty of James to take care of the pack-horses and camp equipage, and to prepare the scanty and frugal meals of the surveying party. When a lad, he was strongly inclined to study, and often busied himself with the mathematical calculations of his father. He was very fond of reading, and was of a reflective turn of mind. In the imperfect and indistinct lines of early youth were to be traced the tokens of the man, — the certain indices of the future fixed and perma- nent character. Not indifferent to the sports and pas- times of boyhood, he engaged in them, not for amusement merely, but for the recreation they afforded, for the light and joy they brought to his heart. To obtain a liberal education was his chief desire, and a profession was the great end at which he aimed. His habits, formed by the moulding hand of his exemplary mother, peculiarly fitted him for success in the sphere toward which his thoughts were directed, and on which his hopes were fixed. He was correct and punctual. He had industry and application. He had true native talent, — not the false gem that may dazzle and sparkle, and when brought to the test, appears mean and contemptible ; it was the pure diamond, bonrowing not its lustre, but containing light within itself. He had earnestness of purpose, subdued, perhaps, in expression, but, nevertheless, " the strong passion, which," said the philosopher of Vor6,* ^'rescu- ♦ Helvetius. 1806. j PERSEVERANCE AND AMBITION. 39 ing us from sloth, can alone impart to us that continuous and earnest attention, necessary to great intellectual ef- forts." He possessed genius, also, — " the voice within, That ever whispers, ' Work and win !' " He had perseverance and ambition, — and these are traits which all the wealth of the Rothschilds cannot call into existence, where nature herself has not planted the seeds. What have they not achieved ? What can they not accomplish ? In the three hundred and sixtieth year before the Christian era, the Athenian people for the first time acknowledged the great mental powers, and the en- thusiastic and soul- stirring eloquence, of the orator of Paeania. More than eight years had elapsed since he had made his debut in the Assembly, when the weakness of his voice, his harsh and careless style, and his ungrace- ful gesticulation, had brought on him the ridicule of his fellow-citizens. History informs us, that one kind friend stood by him in this crisis of his fortunes, and inspired and cheered him on to new eiforts ; — might she not have added, that a voice in his heart continued to speak words of consolation and encouragement, in those anxious years of his probation 1 — that in the long, wearisome nights, ho devoted to study and toil, in his secret retreat, one sweet, familiar spirit, smiled hopefully on Demosthenes, and pointed his way, clearly and distinctly traced, though devious and difficult, to that bright hour which witnessed the full fruition of his fame ? The history of the world-famed " folly" of Fulton has been handed down to us as containing an instructive moral, 40 JAMES KNOX POLK. [1806. and a truthful lesson, which deserve to be remembered. We can now smile at the incredulity of the gaping and doubting crowd that assembled to behold his triumph over the great motive power which he had subjected to his will ; or at the mirth-moving astonishment of those Vy^ho dwelt on the banks of the Hudson, and trembled with fear when they saw the flaming vessel plowing the waters *' like a thing of life." But who can tell, how Herculean were the efforts of our countryman's genius and persever- ance ; how diligently and patiently they toiled in the vast laboratory of discovery, without recompense or reward save their hopes for the future, to forge those mighty links that now bind nations and continents together. Most appropriately has the temple of Fame been rep- resented as adorning the embattled crest of some lofty and rugged eminence, — clouds and darkness hovering around its base, and " eternal sunshine" resting in love- liness and beauty on its summit. Under all circumstan- ces, the ascent is tedious and difficult. Delilahs there are, who beset the aspirant at every step, and seek to woo him from his enterprise by their soft blandishments; sweet Paphian bowers by the wayside invite him to re- pose, and groves of perfumed trees send forth their Sabean odors to intoxicate the mind and soul. All these influ- ences must be disregarded at once and forever. " Onward and upward" must be the motto to arouse the flagging spirit, to restore the drooping energies, to inspire to re- newed exertion, to cheer in every trial, and to soften the pang of every disappointment. The struggle may be arduous and protracted ; but the recompense is sure and certain. It may be deferred for long, but, sooner or la- 1813. J HIS EDUCATION. 41 ter, the reward will come. Youthful Ambition, rightly directed and encouraged, never lacks the will, and while life is spared, it knows no such word as " fail !" In the infancy of the State of Tennessee, as is always the case in new settlements, the opportunities of instruc- tion were quite limited. The father of young Polk was not in affluent circumstances, though able to give all his children a good education. He regarded with favor the natural bent and inclination of his son's mind toward study, and kept him pretty constantly at school. Though afflicted for many years by a painful affection, from which he was only relieved by a surgical operation, James had been completely successful in mastering the English stud- ies usually -taught, when his health began to give way. Fearing that his constitution had become so much weak- ened as to unfit him altogether for a sedentary life, his father, not without many an earnest remonstrance from his son, placed him Avith a merchant, with the view of fitting him for commercial pursuits. This was a severe blow to James. All his dearest hopes seemed about to be prostrated forever. He had no taste for the new duties that devolved on him, and their performance was irksome to him in the extreme. He had an antipathy, of which he could not divest himself, to the mercantile profession, almost as great as that of John Randolph, who could not endure " a man with a quill behind his ear." After remaining a few weeks with the merchant, James obtained the permission of his father, by much entreaty and persuasion, to return home ; and in the month of July, 1813, he was placed under the tui- tion of the Rev. Dr. Henderson. Subsequently he was 42 JAMES KNOX POLK. [1815. sent to the Murfreesborough Academy, then under the supenntendence of Mr. Samuel P. Black, one of the most celebrated classical teachers in Middle Tennessee. Henceforward there were no obstacles in the way of his obtaining the education he so ardently desired. In less than two years and a half he prepared himself thoroughly for an advanced class in college ; and in the autumn of 1815, being then in his twentieth year, he entered the University of North Carolina, at Chapel Hill, at the beginning of the sophomore year. This venerable insti- tution, at which so many of the most distinguished states- men, and the most eminent divines, in the Southern part of the Union, have been educated, was then under the charge of the Rev. Dr. Joseph Caldwell, "justly styled the father of the University."* Colonel William Polk, late of Raleigh, and the first cousin of the father of Pres- ident Polk, was also one of the most influential and ac- tive of the trustees, and had been such from about the time of the first establishment of the institution. At the University, Mr. Polk was most exemplary in the performance of all his duties, not only as a member of college, but also of the literary society to which he belonged. He was punctual and prompt in every exer- cise, and never absent fromr ecitation or any of the relig- ious services of the institution. So high was his stand- ing, so remarkable his character, in this respect, that one of his classmates, who was something of a wag, was in the habit of averring, when he desired his hearers to place confidence in his assertions, that the fact he stated, * Foote's Sketches, p. 530. 1818. J HONORS OF HIS ALMA MATER. 43 was " just as certain, as that Polk would get up at the first call." He was no superficial student; he was perfect and thorough in everything he undertook. He well under- stood the difference between true merit and pretence. Untiring assiduity and close application characterized him throughout his whole collegiate course. Of the exact sciences he was passionately fond, though he was also an excellent linguist. At each semi-annual examination he bore away the highest honors, and at the close of the ju- nior year the first distinction was awarded to him and Ex-Governor William D. Moseley, of Florida. He grad- uated in June, 1818, with the highest distinction, which was assigned to him alone, as the best scholar in both the mathematics and classics, and delivered the Latin Salu- tatory Oration. The second distinction, at this com- mencement, was awarded to William M. Green, who de- livered the valedictory, and was afterwards Professor of Rhetoric and Logic in the University, which station he resigned in 1849 to enter upon his duties as Bishop of the Episcopal Church in the Diocese of Mississippi. Mr. Polk did not forget his Alma Mater amid the busy scenes, the turmoil and confusion, of his active life ; nor did she lose sight of one who reflected so much credit upon her, in every station that he filled. He often re- visited her shrine, and attended the pleasant reunions of the Mother and her sons ; and at the annual commence- ment, in June, 1847, the honorary degree of Doctor of Laws was conferred upon him, together with John Y. Mason, late Secretary of the Navy, of the class of 1816, and Willie P. Mangum, of the Senate of the United 44 JAMES KNOX POLK. [1818. States, and a member of the class of 1815, — a compli- ment, in each instance, most richly deserved, by good scholarship and correct deportment while in college, and by ability and fidelity displayed in the public service. CHAPTER III. Commences the Study of the Law in the Office of Felix Grundy— Se- cures the Friendship of Andrew Jackson — Admitted to the Bar— Success in the Practice of his Profession — His Political Associations — Style and Manner as a Public Speaker — Chief Clerk and Member of the Ten- nessee Legislature — Duelling Law — Internal Improvements — His Mar- riage — Mrs. Polk. When Mr. Polk left the University, his health was considerably impaired by his constant and unremitting application to his studies. But the hopes and aspirations of youth, like the waters of the magical fountain which Ponce do Leon so longed to discover, are famed for their restorative powers ; and the mind, as the body, in the spring-time of life, contains within itself a host of recu- perative energies. A few months of relaxation and res- pite from study, were sufficient fully to restore him ; and the choice of a profession was then to be considered and decided. This was not at all difficult. His thoughts had long been directed toward the law, and each suc- ceeding year had served to confirm and strengthen the desire which he had half formed ere the time came for sober and serious reflection. His final determination was made in accordance with his previous inclinations ; and at the beginning of the year 1819, he entered the office of Felix Grundy, at Nashville. Mr. Grundy was then in the zenith of his fame — at the head of the Tennessee bar — enjoying the 46 JAMES KNOX POLK. [1819. professional honors and rewards wliicli continued to flow liberally upon him — and with the laurels he had won on the floor of the House of Representatives of the United States in defence of the war measures of President Mad- ison, blooming freshly on his brow. In him Mr. Polk found not only a legal preceptor whose rich stores of learning" were freely opened for his profit and instruction, but " an experienced Nestor," whose counsel and advice guided and directed his footsteps aright, upon the same road once travelled by himself, to the distinction and eminence which he had attained. He found him, also, a warm and sincere friend, who admitted him to his con- fidence and his heart, who sympathized with him over the difiiculties that attended his first efforts to master the black-letter of his profession, who watched his progress with paternal solicitude and care, and who rejoiced most heartily at the success that rewarded his exertions. A friendship sprung up between tliem, cherished on the one side with all the ardor and disinterestedness of youth, and on the other, though less lavish, perhaps, in profes- sions, marked by the calm and deep earnestness of age : it stood the test of years, and the changes of time and cir- cumstance, and it was severed only by death, the great destroyer of human hopes and human ties. Beside being the favorite student of Mr. Grundy, it was the good fortune of Mr. Polk, during his residence at Nashville, to attract the attention and to win the es- •,5eem of one who bound his friends to him with hooks of adamant, and whose favor could not be too highly prized ; of one whose influence over him, powerful though it was, was at all times voluntarily and cheerfully acknowl- 1819.] FRIENDSHIP OF ANDREW JACKSON. 4T edged ; of Andrew Jackson, the gallant defender of New Orleans, already occupying a proud position amon:.; the great men of the nation.* Both preceptor and pup:: were ever welcome guests at the Hermitage ; both con- tributed, in after years, to the elevation of its occupant to the highest station in the land, and, the one in the Senate, and the other in the House, sustained and de- fended his administration against whomsoever assailed it, in storm and in sunshine, from its commencement to its close. General Jackson was always warmly attached to Mr. Polk : he looked upon him something in the light of a 'prottgt^ and took a deep interest in his political ad- vancement. His feelings were often manifested in a manner that could not be mistaken, and particularly so at the presidential election in 1844, when, though trembling on the verge of the grave, he appeared at the polls, and cleposited his ballot in favor of the republican candidates, James K. Polk and George M. Dallas. Within two years from the time he entered the office of Mr. Grundy, Mr. Polk had made sufficient progress in his legal studies to entitle him to an examination, and near the close of 1820 he was regularly admitted to the bar. He now returned to Maury County, and established himself in practice at Columbia, among the companions of his boyhood, who had grown up with him to man's es- tate, — among those who had known and esteemed him * Recollections of the past undoubtedly aided to strengthen the friend- ship of General Jackson for ^Ir. Polk. When the former was obliged to fly with his mother and brother before the army of Cornwallis, in the war of the Revolution, they took refuge in Mecklenburg County, and resided for some time with the neighbors and friends of Mr. Polk's father and grandfather.— Foote's Sketches, pp. 199, 476. 48 JAMES KNOX POLK. [1820. from his earliest years. His advantages were great, in consequence of the connection of his family, by the ties of blood or of friendship, with most of the old inhabitants and their descendants. His success, therefore, was equal to his fondest hopes ; yet this may be attributed far more to his personal qualities and conduct, than to any adven- titious circumstances. " A republican in habits as w^ell as principles, depending for the maintenance of his dig- nity upon the esteem of others, and not upon his own assumption, his manners conciliated the general good will. The confidence of his friends was justified by the result. His thorough academical preparation, his accurate knowl- { edge of the law, his readiness and resources in debate, his unwearied application to business, secured him, at once, full employment, and in less than a year he was already a leading practitioner. Such prompt success in a profession where the early stages are proverbially slow and discouraging, falls to the lot of few."* As a lawyer he was no more a sciolist, than he had been as a student in college. His learning was thorough and profound. Perfectly familiar with the lore of his profession, and prompt and accurate in judgment, his cli- ents were accustomed to place the utmost reliance on his opinions. In the trial of causes he was wary and skil- ful, but frank and honorable ; he disdained to avail him- self of tricks or technicalities, but he never suffered his opponent to obtain any advantage through his own care- lessness or neglect. In addressing a jury he was always animated and impressive in manner, though his language * Democratic Review, May, 1838. 1820.] PROFESSIONAL SUCCESS. 49 was impassioned or argumentative, as the occasion re- quired. He was a close logician, an able reasoner ; and in the argument of legal questions, he wielded the club of Hercules. His reputation was not confined to Maury alone ; it extended to the adjoining counties, and through- out the state. Wherever he was known he was respected and esteemed for his talents, his courtesy, his kindness and generosity of heart, his uprightness and integrity ; and this favorable estimation in which he was held, was no reluctant acknowledgment, yielded, like the bounty of the miser, sparingly and with regret, but a voluntary tribute to his Avorth. Mr. Pulk remained at the bar, it may be said, up to the time of his election as governor of Tennessee, but for several years he devoted himself exclusively to the labo- rious duties of his calling, constantly adding to his prac- tice and his reputation, and annually reaping a rich harvest of professional emoluments. Though " there were giants in the land," he stood in the front rank among his cotemporaries. During some portion of this 'period he was associated with other practitioners in busi- ness, and at other times he was alone. Among his law partners were Aaron V. Brown, of Pulaski, for some years a representative in Congress from the sixth district (Ten- nessee) and governor of the state from 1845 to 1847, and Gideon J. Pillow, a major-general in the army during the war with Mexico. Allusion has been already made to the politics of that branch of the Polk family who remained in Maryland. Those who migrated to North Carolina entertained simi- lar sentiments. The father of the late President also 50 JAMES KNOX POLK. [1823. belonged to the Jeffersonian school; he supported its founder in the great contest of 1800, and up to the close of his life was the firm and consistent advocate of repub- lican principles. The associations of Mr. Polk himself, in early life, and while he was reading law, naturally inclined him to adopt the same opinions ; but the convic- tions of his matured judgment accorded with and ap- proved them. It is rarely the case, in this country, that the politician and the lawyer are not united in one and the same person ; and Mr. Polk was not an exception to this general rule. As soon as he became a voter he attached himself to the republican party, and after his admission to the bar, was an active participant in the political contests of that day. His style and manner as a public speaker were eminently calculated to win the favor of a popular assembly, and he was often sent for many miles from his home to address the meetings of his party friends. His reputation in this respect was unrivalled, and it was ultimately conceded by men of all parties, that he richly merited the distinction generally awarded to him, of being the " Napoleon of the Stump" in Tennessee. In his political harangues, however, he did not deviate from the ruling principle of his lite, — to seek for the use- ful rather than the ornamental. He charmed his hear- ers, not by frothy declamation, but by his plain and prac- tical common sense. He captivated and interested them by his sincerity, and led them imperceptibly to adopt his conclusi'^T^?. by the simple beauty and cogency of his ar- guments, and Jils pertinent and forcible illustrations. He aimed to convijico. not merely to produce an impression 1823.] STYLE AS A PUBLIC SPEAKER. 51 favorable to the speaker. His elocution was rapid, but fluent, his address easy, yet dignified ; his manner ear- nest, often enthusiastic. Though naturally reserved in his disposition, he occasionally indulged himself in a playful sally of wit. But his language was always sin- gularly correct and chaste ; he sought for none of the flowers of rhetoric, no brilliant figures or high-wrought metaphors, but regarded them as equally deceptive and unsubstantial with the dew-drops that sparkled at his feet, and which disappeared in the first hour of sunshine. He expressed himself in the good old idioms of his mother tongue, which he found to harmonize so well with his own sentiments, and with the honest independence and straightforward character of the freeinen whom he ad- dressed. In private life, too, in his social habits, he was fitted by nature to win "troops of friends.'' His daily walk and conversation were blameless. He had none of the low arts or tricks of the demagogue. He was affable and polite ; maintaining the dignity of his position, without exhibiting the arrogancy that wounds. He was not, like the Parisian, " a democrat when on foot, and an aristo- crat when in his carriage." The welfare of his friends and neighbors was at all times a matter of importance in his estimation ; and whenever it was proper for him to interfere, he interested himself in their commonest con- cerns, in the kindest and most sympathizing manner. Friendly words and smiles seemed to cost him nothing ; they came to his lips unbidden, and lighted u|)'his cheek without an efibrt. * Possessing all these advantages of mind and disposi- 52 JAMES KNOX POLK. [182S» tion so necessary to success in an aspirant for political honors ; deep-rooted in the affections of a large circle of admiring friends ; the pride and the hope of the party to which he belonged, he entered public life at an early age. His first employment in this character was that of chief clerk to the house of representatives of the Tennessee legislature ; and in the summer of 1823, in accordance not more with his own desire than with the wishes of hia friends, he took the stump against the former member of that body from Maury. A most formidable opposition was encountered, but after an animated canvass he se- cured his election by a heavy majority. He remained in the legislature for two successive years, being justly regarded as one of the most talented and promising members. His ability and shrewdness in debate, his business tact, his firmness and industry, se- cured him a high reputation. Most of the measures of the then President, Mr. Monroe,- received his unqualified support and approbation, and he was ardently desirous that the successor of the former should be one who had no sympath}^ for the latitudinarian doctrines with refer- ence to the constitution which appeared to be gaining ground. Animated by this motive, he approved of the nomination of Andrew Jackson for the Presidency, made by the Tennessee legislature in August, 1822 ; and in the autumn of the following year, he contributed by his influence and vote to the election of his distinguished friend to the Senate of the United States. While a member of the General Assembly, Mr. Polk succeeded in procuring the passage of a law designed to prevent duelling. Though residing in a section of the 1824.] DtTELLING LAW. 53 Union where this mode of vindicating one's honor when assailed has ever been sustained bj the general sense of the comraiinitj, oftentimes in opposition to positive enact- ments, he was never concerned in a duel, during his whole life, either as principal or second. This was the more remarkable, because of the many stormy epochs in his political career. His aversion to duelling did not proceed from constitutional timidity ; he was utterly op- posed to the practice, from principle; and though he made no unbecoming parade of his sentiments, he did not care to conceal them. No one ever invaded his personal rights without finding him prepared to defend them. Never giving an insult himself, he was not called upon to render satisfaction ; and if indignity were offered to him, it was resented by the silence that indicated his contempt, or the prompt rebuke that carried with it punishment enough. He could not imbrue his hands un- necessarily in the blood of his fellow-man ; but he pos- sessed true moral courage — that bravery of soul which prompted him to do right. Mr. Polk always doubted the power of the general government to make improvements in the States ; and his doubts ultimately became absolute denials of the right. He concurred, however, with Mr. Monroe, in the belief that such improvements were desirable, and that it would be proper to amend the Constitution so as to confer the power, although, in the absence of such an amendment, they might be carried on with the consent of the States in which they were located.* When, therefore, the Pres- • Special Message of ISTr. Monroe, May 4th, 1822. 54 JAMES KNOX POLK. [1824. ident so far yielded to those of his friends who had long vainly attempted to persuade him to lend his countenance to an extensive system of improvements, as to give his consent to the act of 1824, authorizing surveys to be made of the routes of such roads and canals as he might deem of national importance, Mr. Polk looked upon the measure with favor ; and in a speech delivered in the legislature on the 29th of September, 1824, on the bill to incorporate the Murfreesborough Turnpike Company, he expressed the opinion that such works ought properly to be constructed by the State or the general government, and added that, inasmuch as " the question with regard to the powers of the government to make internal im- provements" had been settled at the previous session of Congress, " he thought it likely that the attention of the government might be directed to the object of extending the military road from New Orleans." The views of Mr. Polk on this question of internal im- provements subsequently underwent a change ; and when he saw what great latitude had been taken under the con- stitution as it was, and how much danger there was to be apprehended from the undue enlargement of the power of the general government by the adoption of the proposed amendment, he took decided ground against any change, and exerted all his influence and authority to bring back the ship of state to her ancient moorings. On the 1st day of January, 1824, Mr. Polk was mar- ried to Sarah Childress, the daughter of Joel Childress, a wealthy and enterprising merchant of Rutherford county, Tennessee. Mr. Childress was a native of Campbell county, Virginia, and married Elizabeth Whitsitt. 1824.] MRS. POLK. 65 Mrs. Polk was -vrell fitted to adorn any station. To tlie charms of a fine person she united intellectual accom- plishments of a high order. Sweetness of disposition, gracefulness and ease of manner, and beauty of mind, were happily blended in her character. A kind mistress, a faithful friend, and a devoted wife, — these are her titles to esteem ; and they are gems brighter and more resplen- dent tlian ever decorated a queenly brow. Affable, but dignified ; intelligent, but unaffected ; frank and sincere, yet never losing sight of the respect due to her position, she won the regard of all who approached her. Her un- failing courtesy, and her winning deportment, were re- marked by every one who saw her presiding at the White House ;* each one of her husband's guests was for the * No excuse need be offered for the insertion in this place of the follow ing well-told anecdote, having reference to an incident that transpired dur- ing a visit of the eloquent orator and eminent fetatesman, Henry Clay, at Washington, in the winter of 18-18, which originally appeared in a- public iournal : — " Shortly before his departure from the Capital, Mr. Clay at- tended a dinner party, with many other distinguished gentlemen of both political parties, at the President's house. The party is said to have been a very pleasant affair — the viands were choice, the wine was old and spark- ling — good feeling abounded, and wit and lively repartee gave zest to the occasion, while Mrs. Polk, the winning and accomplished hostess, added the fini.«hing grace of her excellent housewifery in the superior management of the feast. Mr. Clay was of course honored with a seat near the President's lady, where it became him to put in requisition those insinuating talents which he possesses in so eminent a degree, and which are irresistible even to his enemies. Mrs. Polk, with her usual frank and affable manner, was extremely courteous to her distinguished guest, on whose good opinion, as of all who share the hospitalities of the White House, she did not fail to win. " ' Madam,' said Mr. Clay, in that bland manner peculiar to himself, * I must say that in my travels, wherever I have been, in all companies and among all parties, 1 have heard but one opinion of you. All agree in com- mending, in the highest terms, your excellent administration of the domes- 56 JAMES KNOX POLK. [1824. time being her favorite; and none who beheld her moving in what seemed to be her appropriate sphere, will hesitate to join in the hope, that she may long be spared, like the wife of Madison, to perpetuate the memory of him whose name she bears, and to witness the impartial verdict which history will ere long record, in justice to his fame. tic afiiiirs of the White House. But,' continued he, directing her atten- tion to her husband, * as for that young gentleman there, I cannot say as much. There is,' said he, ' some little diflFerence of opinion in regard to the policy of his efrarse.' " ' Indeed,' said Mrs. Polk, ' I am glad to hear that my administration is popular. And in return for your compliment, I will say that if the coun- try should elect a Whig next fall, I know of no one whose elevation would please me more than that of Henry Clay.' " ' Thank you, thank you, Madam.' — " ' And I will assure you of one thing. If you do have occasion to occu- py the White House on the fourth of March next, it shall be surrendered to you in perfect order, from garret to cellar.' " ' I'm certain that ' " But, the laugh that followed this pleasant repartee, which lost nothing from the manner nor the occasion of it, did not permit the guests at the lower end of the table to hear the rest of INIr. Clay's reply. Whether he was ' certain that' he should be the tenant of the President's mansion, or whether he only said he was ' certain that' whoever did occupy it would find it in good condition, like the result of the coming contest for the Presi- dency, remains a mystery." CHAPTER IV. Chosen a Member of Congress— Repeated Reelections— Opposition to Mr. Adams' Administration— The Panama Mission and the American Sys- tem—Support of General Jackson and Mr. Van Buren— The Tariff Ques- tion-Internal Improvements— The Pension Laws— United States Bank- Independent Treasury. In the spring of 1825, Mr. Polk offered himself to the electors of the sixth_orPiick river district, in which he resided, as their candidate for Congress. At this time the subject of internal improvements was attracting unu- sual attention in Tennessee, owing, probably, to the examinations recently made by the Board of Engineers, under the act of 1824, of the country between the Poto- mac and Ohio rivers. Indeed, it was the only political question of importance, — except the manner in which General Jackson, whom Mr. Polk had ardently supported, had been defrauded, as was alleged by his friends, of the presidency, — that was then agitated or discussed ; for, although there had been several candidates voted for at the late presidental election, they all claimed to belong to the same party. The views of Mr. Polk, at this period, as has been intimated, were at least friendly, if not entirely favorable, to the construction of Avorks of internal improvement by the national government. He had doubts and misgivmgs ; but in accordance with what appear-^d to be the prevail- 3* 58 JAMES KNOX POLK. ' [1825-39. ing sentiment throughout the Union, he felt inclined to yield them. In a circular letter addressed to his con- stituents, on the 10th day of May, 1825, he said : " How- far the general government has power to make internal improvements, has been a question of some difficulty in the deliberations of Congress. It has been a question long and ably controverted by our wisest statesmen. It seems, how^ever, to have been lately settled by the three great departments of the government in favor of the exercise of such a powder. * * * The expediency of making internal improvements is unquestioned ; it is only on the question of power that doubt has arisen. They are calculated to promote the agricultural, com- mercial, and manufacturing interests of the country ; they add to the wealth, prosperity, and convenience of the great body of the people, by diminishing the expenses, and improving the facilities for the transportation of our surplus products to market, and furnishing an easy and cheap return of those necessaries required for our con- sumption. A judicious system of internal improvements, within the powers delegated to the general government, I therefore approve." It is very evident from the general tenor of these extracts, and from the cautious mode of expression made use of by the writer, that he feared lest the powers of the general government should be unduly enlarged by a latitudina- rian construction of the federal constitution ; and as a thorough-going and consistent states'-rights man, he had a natural dread of conceding anything by way of impli- cation. It is one of the faults, among the numberless blessings, of a written constitution, that those who orig- 1825-39.] VIEWS ON internal improvements. 59 inate it, and for whose protection it is, or should be framed, are sometimes lulled into a false security. Having thrown every conceivable safeguard around it, they are too apt to fancy themselves perfectly protected against the assaults of open or secret enemies. The greatest wrong a people can do, is to sleep on their rights, and by so doing, afford crafty and designing men the opportunity, but too frequently seized with avidity, of blinding and betra^dng them. The exercise of power by delegated agents is in its nature aristocratic, and like all aristocracies, seeks to increase its influence, and to per- petuate its existence. Nothing can be safely relied on to counteract these natural tendencies, but the closest care and scrutiny on the part of the principals who have delegated the power. In a government constituted like ours, encroachments on the rights of the states by the national authorities, are always to be feared. Freemen as we are, each man indi- vidually a sovereign, proud of our independence, and of the privileges and immunities that have been handed down to us by our forefathers, we are too prone to forget that " eternal vigilance is the price of liberty;" that the first great duty which we owe to our country, to our- selves and our posterity, is to see that the purity of the government is maintained. Direct attempts to subvert the principles of the constitution — to overawe the free and full expression of the popular will ; open and undis- guised acts of tyranny and injustice, are rarely known among us, because their bearing is at once perceived and understood, and they are sure to be immediately resisted and condemned. Designing and ambitious men, however 60 JAMES KNOX POLK. [1825-39. unprincipled, rarely, if ever, resort to overt acts for the accomplishment of their deep-laid schemes. On the contrary, adopting the motto of Talleyrand, that '' lan- guage is given to man to conceal his thoughts," their chief dependence is on their ability to hide their plans, and to practice successful deception. Their whole sys- tem of tactics is indirect in its operations; they do nothing directly, — they work secretly and in the dark. They never aim to secure an important position by a single bold stroke ; everything is eifected by a series of slow but sure advances. If they are able to bring about the adoption of a single measure, without attracting at- tention to the secret motives that originated it, another of the same ruroort, but a little stronger in its character, is certain to be prcoosed. These two secured, their authors are encouraged tc prosecute their measures, in a regular gradation, till they reacti the final result sought to be attained. That once accomplished, the victims may struggle vainly and ineffectually in the toils so cun- ningly devised to entrap them. The history of the American government, and of its legislation in particular, abounds in illustrations that will confirm and enforce the correctness of these views. Although Mr. Polk, like many other young men belonging to the republican party, w^as disposed, in 1825, to adopt the impression that the authority to construct works of internal improvement was comprehended in the money-power conferred by the Constitution, further re« flection and experience convinced him of his error.* * Harbor and River Veto, August 8, 1846 ; Internal Improvement Mes- aage, Dooembor 15, 1847. 1825-39.] CHOSEN A MEMBER OF CONGRESS. 61 At the August election in 1825, lie was chosen a mem- ber of Congress, by a most flattering vote. That he dis- charged his duties to the entire satisfaction of those whom he represented, is evidenced by the fact, that he was repeatedly returned by the same constituency, for fourteen years in succession, from 1825 to 1839. In the latter year he voluntarily withdrew from another contest, in which his success was not even questionable, in order to become a candidate for the office of governor of his adopted State. Mr. Polk first took his scat in the House of Represent- atives, as a member of the 19th Congress, in December, 1825 ; being, with one or two exceptions, the youngest member of that body. The same habits of laborious ap- plication which had previously cliaracterized him, were now displayed on the floor of the House and in the com- mittee-room. He was punctual and prompt in the per- formance of every duty, and firm and zealous in the maintenance and advocacy of his opinions. He spoke frequently, but was invariably listened to with deference and'respect. He was always courteous in debate ; his speeches had nothing declamatory about them, — they were always to the point, always clear and forcible. So faithful and exemplary was he in his attendance upon the sessions of Congress, that it is said he never missed a division Avhile occupying a scat on the floor of the House, and was not absent from the daily sittings for a single day, except on one occasion, on account of indis- position. Such punctuality is rarely witnessed in a leg- islator, and it deserves to be remembered. John Quincy Adams had scarcely seated himself in the 62 JAMES KNOX POLK. [1825-39. chair of state, when he discovered that his position was environed with difficulties and embarrassments. As a member of Mr. Monroe's cabinet, he had advocated a lib- eral policy in regard to internal improvements, and a high protective tariff. In his inaugural address, he took bolder and more decided ground than he had hitherto done, and advanced views and doctrines utterly at vari- ance with those cherished by the old republican party, and trenching closely on the federal platform of 1800. The friends of General Jackson, Mr. Crawford, Mr. Calhoun, and a portion of those who had supported Mr. Clay, immediately manifested a disposition vigorously to oppose the new administration, the tendency of which, as they maintained, was toward federalism and consolida- tion. This feeling was strengthened, when they discovered in the appointments to office, and in the manner in which all the important committees of the 19th Congress were constituted by the Speaker, a friend of Mr. Adams, the certain indications of an intention to build up a party with the President at its head, and to proscribe those who were supposed to be unfriendly to his reelection. The measures of policy, too, which he recommended, were not approved by the great majority of the repub- lican friends of Jeffi^rson, Madison, and Monroe. Immediately after the organization of the two houses of Congress, in December, 1825, the peculiar circum- stances attending the election of Mr. Adams, through the influence and aid of Mr. Clay, were brought up in review. / Amendments to the constitution were proposed in the Senate by Mr. Benton, of Missouri, providing for a direct vote by the people, in districts, for president, and dis- 1825-39.] THE PANAMA MISSION. 63 pensing with the electoral colleges ; and by Mr. McDuf- fie, of South Carolina, in the House, authorizing the electors to be chosen by districts, and containing pro- visions which would prevent the choice of president, in future, from devolving on the House of Representatives. Mr. Polk made his debut as a speaker on this question, and advocated the amendment of the constitution, in such a manner as to give the choice of president and vice-pres- ident directly to the people. As one of the friends of General Jackson, he entered warmly into the subject, and his speech was characterized by what was with him an unusual degree of animation in addressing a deliberative body. It was also distinguished for its clearness and force, its copiousness of research, and the cogency of its arguments. Henceforth the way was clear for him. Among his associates were many of the ablest men in the nation, but an honorable position among them was cheer- fully assigned to him. Among the prominent recommendations of Mr. Adams, which Mr. Polk, with the other opponents of the adminis- tration, zealously resisted, were the Panama Mission, and that class of measures, the chief features of which were an extensive system of internal improvements and a high protective tariff, usually comprehended under the general designation of " the American System." The debate in the House of Representatives on the Panama Mission, as the reader will not need to be re- minded, arose upon the bill making the required appro- priation for the purposes of the mission. Mr. Ad^ in "^y judgment, failed to show that the power to create it is either expressly granted, or that it is an incident to any express power, that is " necessary and proper " to carry that power into effect. The alarming dangers of the power of such a corporation (vast and irresponsible as experience has shown it to be) to the public hberty, it does not fall within the scope of my present purpose fully to examine. We have seen the 108 JAMES KNOX POLK. [1839. power of associated wealth in the late Bank of the United States, wrestling with a giant's strength with the Govern- ment itself — and although finally overthrown, it was not until after a long and doubtful contest. During the struggle, it manifested a power for mischief which it would be danger- ous to permit to exist in a free country. The panic and alarm, the distress and extensive suffering, which in its con- vulsive struggle to perpetuate its power it inflicted on the country, will not soon be forgotten. Its notorious alliance with leading politicians, and its open interference by means of the corrupting power of money in the political contests of the times, had converted it into a political engine, used to control elections and the course of public affairs. No re- straints of law could prevent any similar institution from be- ing the willing instrument used for similar purposes. The State of Tennessee, through her Legislature, has repeatedly declared her settled opinions against the existence of such an institution, and at no time in its fjxvor. She has instructed her Senators, and requested her Representatives in Congress to vote against the establishment of such an institution. In these opinions, heretofore expressed by the State, I entirely concur. Of the same character is the power which at some time has been attempted to be exercised by the Federal Government, of first collecting by taxation on the people a surplus revenue beyond the wants of that Government, and then distributing such surplus, in the shape of donations, among the States : a power which has not been conferred on that Government by any express grant, nor is it an incident to any express power, " necessary and proper" for its execution. To concede such a power, would be to make the Federal Government the tax- gatherer of the States, and accustom them to look to that source from which to supply the State Treasuries, and to de- fray the expenses of the State Governments. It is clear that this constituted no one of the objects of the creation of the 1839.] GOVERNOR S MESSAGE. 109 Federal Government ; and to peraiit its exercise would be to reduce the States to the degraded condition of subordinate dependencies upon that Government, to destroy their separ- ate and independent sovereignty, and to make the Govern- ment of the Union in effect a consolidation. The power to make provision for the support of its own Government, by the levy of the necessary taxes upon its own citizens, and the adoption of such measures of policy for its internal Govern- ment not inconsistent with tlie Federal Constitution, as may be deemed proper and expedient, " remains to each State among its domestic and unalienated powers exercisable within itself and by its domestic authorities alone." A surplus Federal revenue, raised by means of a tariff of duties, must necessarily be collected in unequal proportions from the people of the respective States. The planting and producing States must bear the larger portion of the burden. It was this inequality which has lieretofore given rise to the just complaints of these States, as also of the commercial interests, against the operations of a high and protective tariff'. If the proceeds of the sales of the public lands be set apart for dis- tribution among the States, as has been sometimes proposed, tlie operation and effect would be the same ; for, by abstract- ing from the Federal Treasury the proceeds of the sales of the public lands, a necessity is thereby created for an in- creased Tariff to the amount thus abstracted. To collect a surplus revenue bv unequal taxation, and then to return to the people, by a distribution among the States, their own money, in sums diminished by the amount of the cost of col- lection and distribution, aside from its manifest injustice, is a power which it could never have been intended to confer on the Federal Government. When, from the unforeseen operation of the revenue laws of the United States, a surplus at any time exists or is likely to exist in the Federal Treasury, the true remedy is, to re- duce or to repeal the taxes so as to Qollect no more money 110 JAMES KNOX POLK. [1839. than shall be absolutely necessary for the economical wants of that Government, and thus leave what would otherwise be surplus uncollected in the pockets of the people. The act of Congress of \S^6, by which a large amount of the surplus on hand was distributed among the States, is upon its face a deposit and not a donation of the sums distributed. The States have become the debtors to the Federal Government for their respective proportions, and are subject to be called upon to refund it. Had the act provided for an absolute do- nation to the States, so palpable an infraction of the Consti- tution it is scarcely possible to conceive could have been sanctioned. By making it assume the form of a mere deposit of the money of the United States in the State Treasuries for safe-keeping until needed for public purposes, it became the law. Though it may not be probable that the sums distrib- uted on deposit will be called for at an early period, if indeed they will ever be, unless in cases of exigencies growing out of a foreign war, yet the States should be at all times prepared to meet the call when made ; and it will be unsafe for them to rely upon the sums they have received as a permanent fund. They should rather look to their own credit and re- sources in the accomplishment of their purposes. It becomes the duty of all the States, and especially of those whose constitutions recognize the existence of domestic slavery, to look with watchfulness to the attempts which have been recently made to disturb the rights secured to them by the Constitution of the United States. The ao-itation of the abolitionists can by no possibility pro- duce good to any portion of the Union, and must, if per- sisted in, lead to incalculable mischief. The institution of domestic slavery, as it existed at the adoption of the Constitution of the United States, and as it still exists in some of the States, formed the subject of one of the compro- mises of opinion and of interest upon the settlement of which all the old States became parties to the compact and agreed 1839.] governor's address. Ill to enter the Union. The new States were admitted into the Union upon an equal footing with the old States, and are equally bound by the terms of the compact. Any attempt on the part of the Federal Government to acrt upon the sub- ject of slavery, as it exists within the States, would be a clear infraction of the Constitution ; and to disturb it within the District of Columbia, would be a palpable violation of the public faith, as well as of the clear meaning and obvious intention of the framers of the Constitution. They intended to leave, and they did in fact leave, the subject to the exclu- sive regulation and action of the States and Territories within which slavery existed or might exist. They intended to place, and they did in fact place it, beyond the pale cf action within the constitutional power of the Federal Government. No power has been conferred upon the Federal Government, either by express grant or necessaiy implication, to take c g- nizance of, or in any manner or to any extent to interfere with, or to act upon the subject of domestic slavery, the ex- istence of which in many of the States is expressly recog- nized by the Constitution of the United States. Whether the agitation we have recently witnessed upon this delicate and disturbing subject has proceeded from a mistaken philanthropy, as may have been the case with a few misguided persons ; or whether there is, I regret to say, but too much reason to fear, from a desire on the part of many persons, who manifest by their conduct a reckless dis- regard of the liarmony of the Union and of the public good, to convert it into a political engine, with a view to control elections, its progress should be firmly resisted by all the constitutional means within the power of the State. The most casual observer of passing events cannot fail to have seen that modern Abolitionism, with rare and few exceptions among its advocates, has become, to a great extent, purely a political question. That many of the leading abolitionists are active political partisans, fully identified with, and constituting 112 JAMES KNOX POLK. [1839. no inconsiderable part of, one of the political parties of the country, can no longer admit of doubt. They address them- selves to the prepossessions and prejudices of the community in which they live, against slavery in the abstract, and, availing themselves of these prepossessions and prejudices, are strug- gling to control political events. All the lovers of the Union of the States, and all patriotic citizens, whether of the slavehold- ing or non-slaveholding States, who are ardently attached to our free institutions, must view with indignant reprobation the use made of such an unholy agitation with such objects. The attempts made to introduce it for discussion into tlie Federal Legislature have been met in the proper spirit, not only by Southern Representatives, but by a large portion of the Northern delegation in Congress. It is fortunate for the country, that, in the midst of this agitation, there is at the head of the Federal Government a Chief Magistrate Avho, in the patriotic discharge of his high duties, has placed the seal of his unqualified condemnation upon any attempted action by Congress upon the subject of slavery in any manner, or to any extent, whether existing within the States or Avithin the District of Columbia. That he deserves and will receive the support of the States and of the people, in every portion of the Union, in maintaining his uncompromising and public- ly declared determination to preserve inviolate the compro- mises of the Federal Constitution and the reserved rio-hts of o the slaveholding States on this subject, cannot be doubted. In regard to other powers, Avhich at different times the Federal Government has assumed, or attempted to exercise, the same reasoning may be applied. Among these may be enumerated the power assumed to construct works of Inter- nal Improvements within the States, by means of appropria- tions drawn from the National Treasury ; the power of " abridging the freedom of speech," secured by the Constitu- tion to every citizen, by enacting laws to suppress alleged sedition, or the more recent attempts to enact them under 1839.] governor'smessage. 113 the more plausible pretence of " securing the freedom of elections." I shall most cheerfully cooperate with the Legislative and Judicial Departments of the State Government, by all the constitutional and legal means -mthin the competency of the Executive, in their efforts to confine the action of the State within proper limits, and to resist the encroachments of the Federal Government, upon her reserved rights of sovereignty. I shall as cheerfully cooperate with them in all such meas- ures as shall be calculated to insvu-e economy in the expen- ditures of the State Government, strict accountability on the part of public officers, tlie promotion of virtue, the suppres- sion of crime, and the development of the wealth, the re- sources, and the energies of the State. The revised Constitution under which we are acting has in- fused into the administration of the State Government more of the Democratic principle of immediate and direct agency by the people than existed under the former Constitution. Instead of delegating, as the old Constitution did, the power of appointing many important ministerial and municipal offi- cers to the judicial tribunals and other appointing agents, the people are now their own agents, and make the appointments by popular elections. The higher judicial functionaries hold their offices by a tenure restricted to a term of yeai-s, and not, as formerly, by the tenure for life. These are important changes in the fundamental law of the State. In practice they have, thus far, produced no inconvenience, but have worked well. In the administration of the State Government I reofard it fortunate that there are but few subjects of internal pohcy upon which there exists much diversity of opinion. The encouragement of a " well-regulated system of Internal Im- provement," and the promotion of " knowledge, learning, and virtue," as " being essential to the preservation of Republican institutions," are duties imposed by the Constitution of the 114 JAMES KNOX POLK. [1839. State upon lier public functionaries, which they are not at liberty to disregard. Under the deep conviction that these are subjects of general and pervading interest to the whole people of the State, I shall regard it to be my duty to lend my aid in executing the injunctions of the Constitution in a liberal spirit. No objects are, in my judgment, more worthy of the public patronage and support. The preservation of public credit, and of a sound curren- cy in the State, will undoubtedly be among our highest du- ties. It is a prevailing error to suppose that a multiplication of banks, and an excessive issue of paper circulation, can ad- vance the public prosperity, or aftbrd any permanent relief to the community in which they exist. Instead of a bless- ing, excessive banking generally proves to be a curse. The bloated state of apparent prosperity which they temporarily excite, our experience has shown, has invariably been fol- lowed by derangement of the money market, depreciation of the currency, and finally by severe pressure and suffering inflicted on the people. To prevent the recurrence of such a state of things, it will be my desire, by all the constitu- tional and legal restrictions which can be thrown around them, to see that the banks which may exist in the State, shall be based upon a solid foundation, and confine their operations within their reasonable means to meet their respon- sibilities promptly. I will, at an early da}^ avail myself of an appropriate occasion to make to the General Assembly of the State, now in session, a communication touching sub- jects which may seem to require legislative action at their present session. It will be my duty, under the Constitution of the State, to " take care that the laws be faithfully executed." The Executive is vested with no legislative discretion or power. The laws which the General Assembly shall pass, it is made Ills duty to execute, even though he may differ in opinion with that branch of the State Government in regard to 1839-41. J EXECUTIVE RECOMMENDATIONS. 115 their wisdom or policy. This duty I shall faithfully per- form. Relying confidently upon the support of my fellow-citi- zens, and invoking the aid and guidance of the Supreme Piuler of the Universe, in whose hands are the destinies of government, and of men, I enter upon the discharge of the high duties which have been assigned me by the people. By the amended constitution of Tennessee, provision was made for sucli works of internal improvement as the geographical position of the state rendered necessary ; and in his first regular message, delivered to the two houses of the General Assembly on the 22d of October, 1839, Governor Polk advised the " vigorous prosecution of a judicious system of improvements," and that " a board of public works, to be composed of two or more competent and scientific men, should be authorized, and their duties established by law." In the same message he recommended the revision of the laws prohibiting the practice of betting on elections, which, he says, " begets excitement and engenders strife ; and it but too often happens, that those wdio have stakes at hazard, become more interested to secure them, than by a dispassionate exercise of the right of suffrage, to se- cure the public good." Of unwise or irresponsible issues of paper money, or paper credits intended for circulation as money, he was always jealous ; and in his second regular message to the legislature, in 1841, he advised "a revision of the laws prohibiting the issuance of change tickets or small paper bills, by individuals and corporations other than banks," for the reason, as stated by him, that " some of 116 JAMES KNOX POLK. [1841-43. the internal improvement companies in which the state was a copartner," had issued " small paper bills in the form of scrip or checks, and put them into circulation as money, without any specie basis upon which to rest, and without authority of law." The administration of the state government by Mr. Polk was satisfactory to the public, and his course as chief magistrate was well calculated to harmonize the party of which, by the death of his old friend and pre- ceptor, Mr. Grundy, in 1840, he had become the ac- knowledged head. He did not have occasion, while fill- ing the office of, governor, to endorse any of the great principles of the democratic party, except in his inaugural address ; nor were any important mea-sures of state poli- cy adopted under his particular auspices. Unlike the executives of other states, the Governor of Tennessee possesses no veto power ; neither has he the authority to commute the punishment of capital oflfend- ers to imprisonment for life. The cares and responsi- bilities of the executive are therefore comparatively light ; and as the legislature meets only once in two years, the duties are much less laborious than v^here the laws to be executed are constantly being changed or repealed. The term of office of Mr. Polk expired in October, 1841, but at the August election of that year, he was again a candidate. His prospects of defeat could hardly be considered doubtful ; inasmuch as the whirlwind, which had prostrated the democratic party in 1840 throughout the Union, had swept over the State of Tennessee with irresistible force. The Harrison electoral ticket had succeeded by more than twelve thousand majority. To 1841-43. J CANDIDATE FOR RE-ELECTION. 117 overcome this heavy vote was impossible ; but Mr. Polk entered upon the canvass with his accustomed spirit and energy. His competitor was James C. Jones, a most ef- fective speaker, and decidedly the most popular man at that time in the whig party of the state. Personal good feeling on the part of the opposing can- didates characterized this contest, as it had that of 1839. Mr. Polk frankly and cordially met Mr. Jones on the stump and travelled in company with him ; and, it is said, they slept in the same bed on one occasion. But all the efforts of Mr. Polk proved unavailing. The poli- tics of the state were for the time firmly fixed in oppo- sition to his own. He was defeated, but in his defeat achieved a triumph, by the reduction of the whig ma- jority to about three thousand. In 1843 he was once more a candidate in opposition to Governor Jones, but the latter was reelected by nearly four thousand majority. CHAPTER VIL Presidential Canvass of 1844 — The Texas Question — Letter of Mr. Polk to the Citizens of Cincinuatti — The Baltimore Convention — Nomination of Mr. Polk — His Acceptance — Resolutions of the Convention — The Elec- tion — Reception at Nashville — Journey of the President Elect to Wash- iiigton — Mis Inauguration — Address. On leaving the executive chair of Tennessee, Mr. Polk returned, without a single murmur or feeling of regret, to private life. Its peace and tranquillity, its happiness and content, its calm and sweet pleasures, were congenial to his disposition and his tastes. Fortune had not showered wealth upon him with a lavish hand ; nor had he ever taken advantage of the frequent opportunities presented to him, to enrich himself bj speculation. Fes- Una lente — " make haste slowly" — was his motto in the studies and pursuits of his youth, and in the occupations of maturer years. He possessed a competence — all that he needed or desired — which enabled him to be liberal in the bestowment of his charities, and to dispense a gener- ous hospitality to his numerous friends. And more than all, and above all, there dwelt by his fireside a minister- ing angel, whose virtues and graces made his home a paradise of joys. But a politician, like a revolution, can rarely go back- ward. As a combatant who entered the lists at the Olympian Games could not retire without dishonor, so 1844.] PRESIDENTIAL CANVASS. 119 he who has long been before the people as a candidate for their suffrages, and been elevated by them to posi- tions of distinction, is not often permitted to withdraw himself voluntarily from the political arena. The claims of party friends upon the leader whom they have sup- ported are always strong, and generally irresistible. Mr, Polk was not without ambition ; but he preferred hence- forth to rely upon others to secure his advancement, if they desired so to do, and contented himself with being in the main a passive instrument in their hands. In 1841 and 1843, he came forward as a candidate for gov- ernor, only in compliance with the general desire of his party. The wishes and expectations of his friends were early fixed on the presidential office. At the session of the Tennessee legislature in 1839, he was nominated by that body for the vice-presidency, to be placed on the ticket with Mr. Van Buren, and with the expectation, no doubt^ that he might succeed that gentleman in the higher office. He was afterward nominated in other states for the same position ; but as Colonel Johnson seemed to be the choice of the great body of the republican party in the Union, no efforts of importance were made by the friends of the former, and at the election in 1840 he received but one electoral vote, in the colleo;e of Virocinia. From the time of the defeat of Mr. Van Buren, in 1840, up to within a few weeks previous to the assem- bling of the national democratic convention at Baltimore, in May, 1844, public opinion in the republican party seemed to be firmly fixed upon him as their candidate for reelection to the station which he had once filled. But 120 JAMES KNOX POLK. [1844. in the month of April, 1844, a treaty was concluded under the auspices of President Tyler, between the rep- resentatives of the government of the United States and of the republic of Texas, providing for the annexation* of the latter to the American Confederacy. This meas- ure, though long in contemplation, like the apple of dis- cord, was fruitful in strife and dissension. Hitherto it had been conceded on every hand, that Mr. Van Buren and Mr. Clay ought to be, and would be, the rival candi- dates for the presidency in 1844 ; but now the political elements were thrown into complete confusion. The opinions of almost every public man in the United States were inquired after ; and among others, Mr. Polk was addressed, it being understood that he would be a promi- nent candidate at the Baltimore Convention for the re- publican nomination for vice-president. At a meeting of citizens of Cincinnati opposed to the annexation, held on the 29th of March, a committee was appointed to cor- respond with the prominent men of both pohtical parties, and to solicit from them an expression of their views upon the Texas question. From this committee Mr. Polk re- ceived a letter, accompanying a copy of the proceedings of the meeting at Cincinnati, to which he returned the following reply : — Columbia, Tennessee, April 22, 1844. Gentlemen ; — Your letter of the 30th ult., which you have done me the honor to address to me, reached my residence during my absence from home, and was not re- * The term reannexation was frequently used during the canvass, as sy- nonymous with annexation ; because Texas originally formed part of the Louisiana purchase, and belonged to the United States. 1844.] LETTER ON ANNEXATION. 121 ceived until yesterday. Accompanying your letter you transmit to me, as you state, " a copy of the proceedings of a very large meeting of the citizens of Cincinnati, as- sembled on the 29th ult., to express their settled opposi- tion to the annexation of Texas to the United States." You request from me an explicit expression of opinion upon this question of annexation. Having at no time entertained opinions upon public subjects which I was unwilling to avow, it gives me pleasure to comply with the request. I have no hesitation in declaring, that I am in favor of the immediate recinnexation of Texas to the territory and government of the United States. I entertain no doubts as to the power or expediency of the reannexation. The proof is fair and satisfactory to my own mind, that Texas once constituted a part of the ter- ritory of the United States, the title to which I regard to have been indisputable as that to any portion of our ter- ritory. At the time the negotiation was opened with a view to acquire the Floridas, and the settlement of other questions, and pending that negotiation, the Spanish Gov- ernment itself was satisfied of the validity of our title, and was ready to recognize a line far west of the Sabine as the true western boundary of Louisiana, as defined by the treaty of 1803 with France, under which Louisiana was acquired. This negotiation, which had at first opened at Madrid, was broken ofi" and transferred to Washington, where it was resumed, and resulted in the treaty with Florida, by which the Sabine was fixed on as the western boundary of Louisiana. From the ratifica- tion of the treaty of 1803 with France, until the treaty of 1819, with Spain, the territory now constituting the Re- 6 122 JAMES KNOX POLK. [1844* public of Texas, belonged to the United States. In 1819 the Florida treaty was concluded at Washington, by Mr. John Q. Adams, (the Secretary of State,) on the part of the United States, and Don Luis de Onis on the part of Spain ; and by that treaty this territory lying west of the Sabine, and constituting Texas, was ceded by the United States to Spain. The Rio del Norte, or some more west- ern boundary than the Sabine, could have been obtained, had it been insisted on by the American Secretary of State, and by increasing the consideration paid for the Floridas. In my judgment, the country west of the Sa- bine, and now called Texas, was most unwisely ceded away. It is a part of the great valley of the Mississippi, directly connected by its navigable waters wath the Mis- sissippi river : and having once been a part of our Union, it should never have been dismembered from it. The Government and people of Texas, it is understood, not only give their consent, but are anxiously desirous to be reunited to the United States. If the application of Texas for a reunion and admission into our Confederacy, shall be rejected by the United States, there is imminent danger that she will become a dependency if not a colony of Great Britain—an event which no American patriot, anxious for the safety and prosperity of this country, could permit to occur without the most strenuous resist- ance. Let Texas be reannexed, and the authority and laws of the United States be established and maintained ^vithin her limits, as also in the Oregon Territory, and let the fixed policy of our Government be, not to permit Great Britain or any other foreign power to plant a col Dny or hold dominion over any portion of the people oi territory of either. 1844.] THE TEXAS QUESTION. 1§S These are mj opinions ; and without deeming it neces- sary to extend this letter, by assigning the many reasons which influence me in the conclusions to which I come, I regret to be compelled to differ so widely from the views expressed by yourselves, and the meeting of citizens of Cincinnati whom you represent. Differing, however, with you and with them as I do, it was due to frankness that I should be thus explicit in the declaration of my opinions. I am, with great respect, Your obedient servant, James K. Polk. To Messrs. S. P. Chase, Thomas Heaton, &c., &c., Committee, Cincinnati. Mr. Polk concurred in the opinion entertained, and expressed on various occasions, by the most distinguished statesmen and diplomatists of the United States — by Jefferson, Madison, Monroe, Livingston, Clay, Adams, Jackson, and Van Buren — that Texas formed part of Louisiana, and was included in the territory ceded to the American government by France in 1803. La Salle, a Frenchman, was the first Avhite man that descended the Mississippi river to its mouth, and " the first to display the lily of France to the winds of that imperial valley." The first white colony, too, planted in Texas, was estab- lished by the French, under La Salle, on the bay of St. Bernard, or Matagorda, in the year 1685.* The Span- iards, indeed, claimed that the country formed part of the conquest of Cortes, and in 1690 they drove out the ♦ Marbois' History of Louisiana, p. 107. 124 JAMES KNOX POLK. [1844. French coloii}^, and made their first permanent settlement at San Francisco ; but the French ahvajs insisted upon their prior right of discovery, and the early Spanish ge- ographers seemed more than half disposed to concede it.* Texas was included in the grant made by Louis XIV. to Crozat, Marquis du Chatel, in lT12.t It was subse- quently ceded to Spain, in 1761, and in 1800 retroceded to France, as a part of Louisiana, by the treaty of San Ildefonso. Such, at least, was the understanding of the French government, and of the American plenipotentia- ries, J when the treaty of 1803 Avas concluded, by which the United States acquired all " the rights and appurte- nances " belonging to France under or by virtue of the treaty of San Iklefonso.§ The Spanish government, with the tenacity peculiar to their national character, still urged their claims, and were desirous of limiting the United States to the valley of the Mississippi proper. A protracted negotiation ensued between them and Spain. The latter was inclined to surrender all her pretensions to the territory extending westward from the Mississippi to the Rio Grande ;|! but this was rendered unnecessaryj as the government of the United States consented to re- nounce its rights west of the Sabine river, in considera- tion of the cession of the Floridas, by the treaty of 1819.11 And, what is a remarkable feature in this ne- * Diccionario Geografico-Historico de las Indias Occidentales 6 Ame- rica, (Madrid, 1789,) v. " Louisiana." t 1 Laws, 439. :}: Marbois' History of Louisiana, p. 107, et seq. § Lyman's Diplomacy, vol. i, p. 399. II Expose of Hon. George W. Erving, American Minister to Spain. IT Elliott's Diplomatic Code, vol. i., p. 417. 1844.] HIS VIEWS. 125 gotiation, when the Spanish minister, Don Luis de Onis, who had concluded the treaty on the part of his govern- ment, returned home, he boasted that he had obtained a great advantage, by his superior tact and ability. The cession of Texas, or the renunciation of the Amer- ican claim, in 1819, was, in the opinion of Mr. Polk, most unwisely made ; and he heartily approved of the efforts of John Quincy Adams and Andrew Jackson, during their respective administrations, to recover the territory thus surrendered. He therefore favored the reacquisition, or reannexation of Texas, when the meas- ure was first proposed. It was desirable, in his estima- tion, in a geographical point of view, because the territo- ry formed a most valuable part of the valley of the Mis- sissippi ; and highly important, in a military aspect, for the security of New Orleans, the great commercial mart in the southwestern part of the Union, which would be endangered, in time of war, by a hostile power being in such close proximity, and having the control of the upper waters of the Red river, by which it could be approach- ed, or seriously menaced, in the rear. There was but one question of doubt connected with the pjroposition for the annexation of Texas ; and that was, in what manner, and to what extent, it would affect the relations of the United States with Mexico, already on a most unfriendly footing. But the difficulty which this question presented, was rather apparent than real. Un- der the Spanish colonial government, Texas was a separ- ate and distinct province, having a separate and distinct local organization ; and it remained in that condition un- til its temporary union with Coahuila, with which it formed the " State of Coahuila y Tejas." 126 JAMES KNOX POLK. [1844. Texas " was one of the unities that composed the gen- eral mass of the nation, and as such participated in the war of the Revolution, and was represented in the Con- stituent Congress of Mexico that formed the constitution of 1824. This Constituent Congress, so far from de- stroying this unity, expressly recognized and confirmed it, by the law of May 7th, 1824, which united Texas with Coahuila provisionally, under the especial guarantee of being made a state of the Mexican confederation as soon as it possessed the necessary elements. That law and the federal constitution gave to Texas a specific political existence, and vested in its inhabitants special and defined rights, which can only be relinquished by the people of Texas acting for themselves as a unity and not as a part of Coahuila, for the reason that the union with Coahuila was limited, and only gave power to the state of Coahuila and Texas to govern Texas for the time being, hut al- ways subject to the vested rights of Texas. The state, therefore, cannot relinquish those vested rights, by agree- ing to the change- of government, or by any other act, unless expressly authorized by the people of Texas to do so ; neither can the general government of Mexico legally deprive Texas of them without the consent of this peo- ple."* Under the constitution of Coahuila and Texas, also, the latter was absolutely " free and independent of the other united Mexican States. "t The history of the revolution in Texas must be familiar to every American reader, and it is therefore unnecessary * Speech of Colonel Austin, quoted in Footers Texas and tlie Texans, vol. ii., p. 62. t Kennedy's Texas, vol. ii.,p. 444. 1844.] REYOLUTION IN TEXAS. 127 to present here the details of that memorable struggle. In 1833, the people of Texas adopted a state constitu- tion, and in accordance with the guarantee of 1824, ap- plied for admission into the Mexican confederacy as a separate state. The request was denied, bj the authori- ties of the general government of Mexico, and that under circumstances, and in a manner, which reflected lasting disgrace upon them. Two years later the confederacy was dissolved, and a consolidated government established in its stead, in October, 1835, by the dictator Santa Anna. The confederation being broken, each one of its members was from that moment absolved from all alle- giance to the central authority. Availing herself of her indisputable right and privilege, Texas promptly refused to acquiesce in the new order of things, and by a solemn decree proclaimed her independence of the central gov- ernment of Mexico.* This declaration was maintained by force of arms ; and on the 21st of April, 1836, the last considerable army ever sent by Mexico to subjugate Texas, was completely vanquished and overthrown, on the banks of the San Jacinto. From this time forth, the efforts of Mexico to reduce Texas to submission to her power and authority, were confined to border forays and predatory incursions, in which acts of wanton cruelty and injustice, unworthy of a civilized nation, were committed by the officers of her armies. Yet they found it utterly impossible to obtain undisturbed possession of any portion of the territory north of the Rio Grande, which Texas now claimed to be her southern and western boundary, and below the moun- * Kennedy's Texas, vol. ii, pp. 61, 89, 111. 128 JAMES KNOX POLK. [1844. tainous barriers at El Paso ; and each year that rolled bj, only served to demonstrate more clearly, the inability of Mexico to subdue the people of Texas. The independence which Texas had achieved, was ac- knowledged by the government of the United States, in March, 1837, and shortly afterAvard, by England, France, Holland, and Belgium. This acknowledgment only admitted that Texas was de facto independent, and left the question, whether or no she was a de jure gov- ernment, to be determined by subsequent events. But after six years had passed without any serious efforts laving been made by Mexico to conquer Texas, the American Secretary of State instructed the representa- *ive of his government in the former country, that the United States regarded Texas as an independent state, equally with Mexico, and as forming '' no part of the territory of Mexico." " From the time," said the dis- patch, " of the battle of San Jacinto, in April, 1836, to the present moment, Texas has exhibited the same exter- nal signs of national independence as Mexico herself, and with quite as much stability of government. Practically free and independent, acknowledged as a political sov- ereignty by the principal powers of the world, no hostile foot finding rest within her territory for six or seven years, and Mexico herself refraining for all that period from any further attempt to reestablish her OAvn authority over the territory."* This affirmation, authoritatively made by the American government, of the principle, that a revolted province, by maintaining a successful resistance to the authority ♦ Dispatch of Mr. Webster, July 8, 1842. 1844. J RIGHTS OF MEXICO. 129 of the mother country — admitting that such was the re- lationship between Mexico and Texas, as Tvas claimed by the former— for a period of six or seven years, acquired the right to be regarded, for all and every purpose, as an independent nation, was communicated to the Mexican authorities. A feeble and puerile effort was then made to subjugate Texas, but like all former attempts, it ter- minated m disaster and disgrace. General Woll crossed the Rio Grande at three different times, in the fall of 1842, and succeeded in capturing a Texan court, jury, lawyer, witnesses, and a few spectators, whom he found in session at San Antonio de Bexar ; but when the alarm was given that the Texan troops were approaching, the marauding parties under his command fled across the Rio Grande, as if some avenging demon was upon their track. So ended the attempt of Mexico to extend her supreme authorit}^ over the soil and the people of Texas ; and in view of these historical facts, how can it be contended for a moment, that she had the least right to complain of the United States, for entering into negotiations for the ac- quisition of Texas, without reference to, or consultation with her ? Whatever claims she might originally have had, her utter inability to maintain them was so palpable, that when she again announced her intention to enforce them, it excited the ridicule of all Christendom. Let it be conceded even, that Texas was a revolted state, and not a seceder from a confederacy which had been violent- ly ruptured by an usurper. She had defied the power of the mother country — she had achieved her independ- ence J and the fact that she was so independent, had 6* 130 JAMES KNOX POLK. [1844. been duly acknowledged by most of the great powers of the world. Will it be argued, that Mexico should her- self have acknowledged that independence, and abandoned her claims 1 Centuries might have elapsed, — this might never have been done, — and yet not a single Mexican soldier dared to set his foot on the left bank of the Rio Grande for purposes of conquest. Was the author- ity of Cromwell during the Protectorate, or of the Em- pire under Napoleon, ever questioned, because the dy- nasties which they had overthrown had not acknowledged that authority ? William III. and Louis Philippe were at the head of revolutionary governments, but was the royal power ever gainsa^^ed, because the Stuarts or the elder branch of the Bourbon family had not surrendered their claims ? Who ever contended, that the treaties concluded by Holland for half a century prior to the recognition of her independence by Spain, by the United States pre- vious to 1783, or by the South American States before they were acknowledged to be independent by the mother countries, were void and of no effect 7 Did Mexico, in- deed, entertain any scruples when she entered into a treaty with the United States, regulating the boundaries of her territory, in the year 1828, and long before Spain recognized her independence ? « It was not only desirable that Texas should be annexed, in the opinion of Mr. Polk, but he thought it should be done immediately, for these reasons : While the treaty of 1844 was under consideration in the Senate of the United States, all the official correspondence between the representatives of the two governments was most un- advisedly made public ; and from this it appeared, that 1844.] DESIGNS OF ENGLAND. 131 the protracted war in which Texas had been engaged, had completely exhausted her resources. It was to be appre- hended, therefore, if her overtures for annexation should be rejected — as had previously been the case, on several occasions, when she applied for admission into the Ameri- can Union — that the fear lest the unwise disclosure of her weakness would invite fresh hostilities on the part of Mexi- co, which she was not in a condition to resist, would induce her to seek a permanent alliance with some foreign power. England had for years cast a longing eye upon Texas, and she had refused to unite with France and the United States, in a joint effort to procure the recognition of the independence of the young republic by Mexico. From the extensive forests of live oak that dotted the surface of Texas, she hoped to procure an abundance of ship timber for the uses of her navy, and from its rich interval lands and wide-spreading prairies, an inexhaustible sup- ply of cotton for her manufactories. For the latter she had long been dependent on the United States, and she desired to be freed from that condition of dependence. She attempted to raise cotton in Egypt, in Demerara, and in India, but her schemes entirely failed ; and as a last re- sort she turned her attention toward Texas. A commer- cial treaty was formed with her, soon after her independ- ence was acknowledged by the United States, under the operation of which the exports of the latter to Texas fell off over three-fourths within the short space of three years. It may be doubted, whether England desired to bring Texas under her sway as a colony, but that she designed to make her a commercial dependency is apparent. 132 JAMES KNOX POLK. [1844. Moreover, the British government, through her speak- ers on the floor of Parliament,* and the dispatches and official correspondence of her ministers,! avoAved a desire to procure the abolition of domestic slavery in Texas. The object which she had in view was obvious ; and the safety and tranquillity of the Southern States of the Union demanded that her emissaries should not be suffered to carry out their schemes, and that her authority should not be felt or acknowledged, in a territory lying close upon their borders. When the Texas question was presented in this man- ner to the American people, public men, and tlie parties to which they belonged, arrayed themselves upon one side or the other. The whig party at the north oppos- ed the annexation, because, as they alleged, it would be an act of bad faith toward Mexico ; because the debt of Texas, said to amount to ten or twelve millions of dollars, was to be assumed by the United States ; and because they were opposed to the extension or increase of the slave territory. At the south, the whigs were divided ; one portion of them advocating the annexation, and the other portion concurring with their party friends at the north upon the first two grounds of objection. The dem- ocratic party generally favored the annexation ; but a portion of the party at the north, and a few of its mem- bers residing in the slave states, opposed it — some for all the reasons put forth by the whigs, but the greater number on account of the position of Texas with refer- * Conversation between Lord Brougham and Lord Aberdeen, in the House of Lords. — London Morning Chronicle, August 19, 1843. t Senate Doo. 341, 1st Session, 28th Congress, p. 27, et aeq. 1844.] THE BALTIMORE CONVENTION. 133 ence to Mexico. Mr. Van Buren and Mr. Claj agreed very nearly in their opinions. Both expressed themselves in favor of the acquisition of Texas, if the American people desired it, provided, however, that the consent of Mexico should be obtained, or, at least, that efforts should be made to procure it ; and neither of them objected to the annexation on account of the slavery question collat- erally connected with it.* In the midst of the commotion produced by the agita- tion of the Texas question, the national democratic con- vention assembled at Baltimore, on the 2Tth day of May, 1844. Until the publication of his Texas letter, Mr. Van Buren had been by far the most prominent candi- date ; but when the Convention met, Lewis Cass, of Michigan, Richard M. Johnson, of Kentucky, James Buchanan, of Pennsylvania, and Levi Woodbury, of New Hampshire, all of whom were in favor of the immediate annexation of Texas, were supported for the presidential nomniation by their respective friends, with greater or less earnestness. Immediately after the organization of the Convention, a rule was adopted, in accordance with the precedents established by the conventions of 1832 and 1835, requiring a vote of two-thirds to secure a nomina- tion. I\Ir. Van Buren received a majority of the votes on the first ballot ; seven additional ballotings were then had, but at no time did he receive a vote of two-thirds ; whereupon his name was withdrawn by the New York delegation. The delegates opposed to his nomination, after the first ballot, concentrated their strength mainly * Letter of Mr. Van Buren to IMr. Hammett, April 20th, 1844.— Letter of Mr. Clay from Raleigh ; to Mr. Miller, July 1st, 1844 ; to Messrs. Pe- ters and Jackson, July 27, 1844, IM JAMES KNOX POLK. [1844. upon Mr. Cass ; but as the friends of Mr. Van Buren numbered more than one-third of the Convention, and were irreconcilably hostile to the selection of any of the other candidates originally proposed, it was apparent that no nomination could be made without their consent. The name of Mr. Polk had been freely spoken of in connection Avith the vice-presidency, and when the con- vention found itself in this dilemma, a number of his friends amono; the dele2;ates voted for him on the eio;hth ballot as the presidential candidate. All conceded his unquestioned ability and talents, and the mention of his name operated like magic. Harmony was instantly re- stored. On the ninth ballot he received nearly all the votes of the members of the Convention, and the vote was subsequently made unanimous. The nomination for the vice-presidency was tendered with great unanimity to Silas Wright, of New York, a distinguished friend of Mr. Van Buren, but it was declined ; and George M. Dallas, of Pennsylvania, Avas then put in nomination. The closing proceedings of the Convention were marked by great good feeling and enthusiasm, and when the mem- bers separated, the joy and satisfaction that filled their hearts, was manifested by their words, and depicted on their countenances. The nomination of Mr. Polk was communicated to him by a committee appointed by the Convention. Unex- pected as was the honor thus conferred upon him, he would have been more than mortal had he declined it. In reply to the committee he returned the subjoined let- ter of acceptance, in which he avowed his firm determi- nation, in the event of his election, not to be again a can- didate. 1844.] LETTER OF ACCEPTANCE. 135 Columbia, Tenn., June 12, 1844. Gentlemen : — I have had the honor to receive your letter of the 29th ultimo, informing me that the democratic national convention, then assembled at Baltimore, had designated me to be the candidate of the democratic party for President of the United States, and that I had been unanimously nomi- nated for that office. It has been well observed, that the office of President of the United States should never be sought nor declined. I have never sought it, nor shall I feel at liberty to decline it, if conferred upon me by the voluntary suffrages of my fellow- citizens. In accepting the nomination, I am deeply impressed with the distinguished honor which has been conferred upon me by my republican friends, and am duly sensible of the great and mighty responsibilities w^hich must ever devolve on any citizen who may be called to fill the high station of Presi- dent of the United States. I deem the present to be a proper occasion to declare, that if the nomination made by the convention shall be confirmed by the people, and result in my election, I shall enter upon the discharge of the high and solemn duties of the office with the settled purpose of not being a candidate for reelection. In the event of my election, it shall be my constant aim, by a strict adherence to the old republican landmarks, to main- tain and preserve the public prosperity, and at the end of four years, I am resolved to retire to private life. In assum- ing this position, I feel that .1 not only impose on myself a salutary restraint, but that I take the most effective means in my power of enabling the democratic party to make a free selection of a successor who may be best calculated to give effect to their will, and guard all the interests of our beloved country. With great respect, I have the honor to be, Your ob't servant, James K. Pole. To Messrs. Henry Hubbard, Wai. H. Roane, &c., &o. 136 JAMES KNOX POLK. [1844. Prior to its adjournment, the Baltimore Convention adopted a series of resolutions, setting forth the princi- ples that distinguished them as a party. By the accept- ance of their nomination, Mr. Polk signified his approba tion of those resolutions, and thej are therefore inserted here: RESOLUTIOXS OF THE BALTIMORE C0XVEXTI0N-. Resolved, That the American Democracy place their trust, not in factitious symbols, not in displays and appeals insult- ing to the judgments and subversive of the intellect of the p(5ople, but in a clear reliance upon the intelligence, the pat- riotism, and the discriminating justice of the American masses. Resolved, That we regard this as a distinctive feature of our political creed, which we are proud to maintain before the world as the great moral element in a form of govern- ment springing from and uplield by the popular will ; we contrast it with the creed and practice of Federalism, under whatever name or form, which seeks to palsy the will of the constituent, and Avhich conceives no imposture too monstrous for the popular credulity. Resolved, therefore. That, entertaining these views, the Democratic party of this Union, through their delegates as- sembled in a general convention of the States, coming to- gether in a spirit of concord, of devotion to the doctrines and faith of a free representative government, and appealing to their fellow-citizens for the rectitude of their intentions, renew and reassert before the American people, the declaration of principles avowed by them, when on a former occasion, in general convention, they presented their candidates for the popular suffrages : 1. That the Federal Government is one of limited powers, derived solely from the Constitution, and the grants of power shown therein, ought to be strictly construed by all the de- 1844.] RESOLUTIONS OF THE CONVENTION. 13T partments and agents of the government, and that it is inex- pedient and dangerous to exercise doubtful constitutional powers. 2. That the Constitution does not confer upon the General Government the power to commence and carry on a general system of internal improvement. 3. That the Constitution does not confer authority upon the Federal Government, directly or indirectly, to assume the debts of the several States, contracted for local internal im- provements, or other State purposes ; nor would such as- sumption be just and expedient. 4. That justice and sound policy forbid the Federal Gov- ernment to foster one branch of industry to the detriment of another, or to cherish the interests of one portion to the inju- ry of another portion of our common country — that every citizen, and every section of the country, has a right to de- mand and insist upon an equality of rights and privileges, and a complete and ample protection of persons and property from domestic violence or foreign aggression. 5. That it is the duty of every branch of the government to enforce and practice the most rigid economy in conducting our public affairs, and that no more revenue ought to be raised than is required to defray the necessary expenses of the government. 6. That Congress has no power to charter a National Bank ; that we believe such an institution one of deadly hos- tility to the best interests of the country, dangerous to our Republican institutions and the liberties of the people, and calculated to place the business of the country within the control of a concentrated money power, and above the laws and the will of the people. Y. That Congress has no power under the Constitution, to interfere with or control the domestic institutions of the sev- eral States, and that such States are the sole and proper judges of everything appertaining to their own affairs, not prohibited by the Constitution ; that all efforts of the Abo- 138 JAMES KNOX POLK. [1844. litionists or others, made to induce Congress to interfere with the question of slavery, or to take incipient steps in relation thereto, are calculated to lead to the most alarming and dan- gerous consequences, and that all such efforts have an inevi- table tendency to diminisli the happiness of the people, and endanger the stability and permanency of the Union, and ought not to be countenanced by any friend to our political mstitutions. 8. That the separation of the moneys of the Government from banking institutions, is indispensable for the safety of the funds of the Governm.ent, and the rights of the people. 9. That the liberal principles embodied by Jefferson in the Declaration of Independence, and sanctioned in the Consti- tution, which makes ours the land of Liberty, and the asylum of the oppressed of every nation, have ever been cardinal principles in the democratic faith ; and every attempt to abridge the present privilege of becoming citizens and the owners of soil amonix us, ouo-ht to be resisted with the same spirit which swept the alien and sedition laws from our stat- ute book. Resolved, That the proceeds of the public lands ought to be sacredly applied to the national objects specified in the Constitution ; and that we are opposed to the law latel}'- adopted, and to any law for the distribution of such proceeds among the States, as alike inexpedient in pohcy and repug- nant to the Constitution. Resolved, That we are decidedly oj-^posed to taking from the President the qualified Veto power, by which he is enabled, under I'esti'ictions and responsibilities, amply suffi- cient to guard the public inteiest, to suspend the passage of a bill, whose merits cannot secure the approval of two-thirds of the Senate and House of Representatives, until the judg- ment of the people can be obtained thereon, and which has thrice saved the American people from the corrupt and tyran- nical domination of a Bank of the United States. Resolved, That our title to the whole of the Territory of 1844. j THE ELECTION. 139 Oregon is clear and unquestionable ; that no portion of the same ought to be ceded to England or any other power ; that the reuccupation of Oregon and the reannexation of Texas at the earliest practicable period, are great American measures, which this Convention recommends to the cordial support of the Democracy of the Union. The candidates selected by the whig party, in opposi- tion to the democratic nominees, w^ere Henry Clay, of Kentucky, for president, and Theodore Frelinghuysen, of New Jersey, for vice-president. Mr. Tyler, the then president, was also put in nomination for the presidency, by a convention of his friends, but he subsequently with- drew his name and gave his support to the democratic ticket. The nomination of Mr. Polk was not only well re- ceived ; a spirit of enthusiasm, that could not fail to tri- umph, was instantly aroused in his favor. As General Jackson had received the appellation of " Old Hickory," so that of " Young Hickory " was applied to Mr. Polk, who resembled his distinOTished friend of the Hermitage in his firmness and independence of character. The election was conducted with great spirit and animation. Mr. Van Buren and Mr. Cass, with the other candi- dates before the national convention, and their friends, cordially supported the ticket. Mass meetings were held in every county, and processions, with music and ban- ners, were daily seen traversing the roads and by-ways of the interior, or threading the crowded thoroughfares of our large towns and cities. It had been usual to subject the private character of candidates to a scathing ordeal. This is one of the evils, 140 JAMES KNOX POLK. [1844. among the many advantages, of our system of elections. But the purity of Mr. Polk's life disarmed scandal of her weapons. In this respect he was unassailed and unas- sailable. This political contest, however, was not all show and display. There were great and important principles at stake, and they were in general frankly avowed, and fairly and honorably discussed. On the one side, the whigs sup- ported as their candidate, the father and champion of the American system ; they were committed in favor of a national bank, a protective tariff, the distribution of the proceeds of the public lands, and an extensive system of internal improvements ; and they opposed the annexa- tion of Texas. On the other hand, Mr. Polk had signal- ized the commencement of his public career, by his oppo- sition to the system of measures advocated by Mr. Clay ; and the democratic party were opposed to the incorpora- tion of a national bank, to the distribution of the proceeds of the public lands, and to the prosecution by the general government of an extensive system of internal improve- ments ; they were in favor of the annexation of Texas, and of a tariff in which revenue should be the primary, and protection the secondary feature. Individual excep- tions there were, to this general statement in regard to the political complexion of the tviro great parties, — as various shades of opinioi^are always found in such organizations, but they were comparatively few. In Tennessee the election was exceedingly close. Mr. Polk gained largely upon the democratic vote in 1840 ; his majority was over seven hundred in Maury county, being three hundred more than at the gubernatorial eleo- 1844.] RECEPTION AT NASHVILLE. 141 tion of the previous year ; but the Clay electoral ticket succeeded in the state by the diminutive majority of one hundred and twenty-four. In the electoral colleges, Mr. Polk received one hundred and seventy votes, and Mr. Clay one hundred and five.* The majority of Mr. Polk over his distinguished competitor, on the popular vote, was about forty thousand, exclusive of the vote of South Carolina, whose electors are chosen by the state legisla- ture. The total vote was a little less than two milHon seven hundred thousand. On the 28th of November — the result of the election being then known — Mr. Polk visited Nashville, and was hon«red with a public reception by his democratic friends, together with a number of their opponents in the late contest, who cheerfully united with them in paying due honors to the President elect of the people's choice. A brilliant civic and military procession escorted him to the public square in front of the Court-house, where he was addressed by the Hon. A. 0. P. Nicholson, on behalf of the large assembly, that had collected to Avelcome him to the seat of government. To the address of Mr. Nich- olson, congratulating him on his success, and assuring him of the high respect and admiration entertained for his intellectual capacity and his private virtues by the people of Tennessee, to whom he had been so long en- deared, Mr. Polk returned the following reply, not more * Mr. Polk received the electoral votes of Maine, New Hampshire, New York, Pennsylvania, Virginia, South Carolina, Georgia, Alabama, Mis- sissippi, Louisiana, Michigan, Indiana, Illinois, Missouri, and Arkansas; and Mr. Clay those of Vermont, Massachusetts, Rhode Island, Connecti- cut, New Jersey, Delaware, Maryland, North Carolina, Temiessee, Ken- I; tucky, and Ohio. 142 JAMES KNOX POLK. [1844. honorable to his talents than to his kindness and generos- ity of heart : " I return to you, sir, and to my fellow-citizens, whose organ you are, my sincere and unfeigned thanks for this man- ifestation of the popular regard and confidence, and for the congratulations which you have been pleased to express to me, upon the termination and result of the late political con- test. I am fully sensible, that these congratulations are not, and cannot be personal to myself. It is the eminent success of our common principles which has spread such general joy over the land. The political struggle through which the country lias just passed has been deeply exciting. Extraor- dinary causes have existed to make it so. It has terminated — it is now over — and I sincerely hope and believe, has been decided by the sober and settled judgment of the American people. " In exchanging mutual congratulations Avith each other upon the result of the late election, the Democratic party should remember, in calmly reviewing the contest, that the portion of our fellow-citizens who have differed with us in opinion have equal political rights with ourselves ; that mi- norities as Avell as majorities are entitled to the full and free exercise of all their opinions and judgments, and that the rights of all, whether of minorities or majorities, as such, are entitled to equal respect and regard. " In rejoicing, therefore, over the success of the Demo- cratic party, and of their principles, in the late election, it should be in no spirit of exultation over the defeat of our op- ponents ; but it should be because, as we honestly believe, our principles and policy are better calculated than theirs to promote the true interests of the wliole country. *' In the political position in which I have been placed, by the voluntary and unsought suffrages of my fellow-citizens, it will become my duty, as it will be my pleasure, faithfully and 1845. J JOURNEY TO WASHINGTON. 143 truly to represent, in the Executive department of the gov- ernment, the principles and policy of the gTeat party of the country who have elected me to it ; but at the same time, it is proper to declare, that I shall not regard myself as the representative of a party only, but of the Avhole people of the United States ; and, I trust, that the future policy of the government may be such, as to secure the liappiness and prosperity of all, without distinction of party." In the evening of the 23th, a number of public and pri- vate houses were illuminated. Hilarity and glee pre- vailed on every hand ; joy sparkled in every eje and beamed on every countenance ; and the festivities of the day were protracted till a late hour. Mr. Polk left his home in Tennessee, on bis w^ay to Washington, toward the latter part of January, 1845. He was accompanied on his journey by Mrs. Polk, and several personal friends. 'jOn the 31st instant, he had a long private interview at the Hermitage, with his vener- ble friend, Andrew Jackson. The leave-taking was af- fectionate and impressive, for each felt conscious, that, in all probability, it was a farewell forever. It was the son, in the pride of manhood, going forth to fulfil his high destiny, from the threshold of his political godfa- ther, whose trembling lips, palsied with the touch of age, could scarce invoke the benediction which his heart would prompt. Ere another harvest moon shed its holy light upon a spot hallowed by so many memories and as- sociations, the " hero of New Orleans " and the " de- fender of the Constitution " slept that sleep whicli knows no waking. A fcAV years passed, — and he to whom that parting blessing had been given, with so fair and bright 144 JAMES KNOX POLK. [1845. a promise of a long life before him, had also joined the assembly of the dead. Truly, the realities of History are sometimes stranger far than the TNildest creations of Fiction ! On the 1st of February, Mr. Polk and suite left Nash- ville, and proceeded as rapidly as possible, considering the demonstrations of respect with which he was every- where received on his route, to the seat of government of the nation. For all who approached him — whatever might be the condition in life or occupation, the appear- ance or dress, of the individual — he had a kind word and friendly greeting. When the steamboat, on which he proceeded up the Ohio river, stopped at Jeffersonville, Indiana, " a plain-looking man came on board," said a passenger on the steamer, '^ who, from the soiled and coarse condition of his dress, seemed just to have left the plough handles, or spade, in the field. He pressed for- ward through the saloon of the boat, to where the Presi- dent was standing, in conversation with a circle of gen- tlemen, through which he thrust himself, making directly for the President, and offering his hand, which was re- ceived wath cordial good will. Says the farmer, * How do you do, Colonel ? I am glad to see you. I am a strong democrat, and did all I could for you. I am the father of twenty-six children, who were all for PoZ/c, Dallas J and Texas P Colonel Polk responded with a smile, saying, he was ' happy to make his acquaintance, feeling assured that he deserved well of his country, if for no other reason than because he was the father of so large a republican family." The President elect with his party arrived at Wash- 1845.J HIS INAUGURATION. 145 ington on the 13th of February, and was immediately waited upon by a Committee of the two Houses of Con- gress, who informed him that the returns from the electo- ral colleges had been opened, and the ballots counted, on the previous day ; and that he had been declared duly elected President of the United States. He thereupon signified his acceptance of the office to which he had been chosen by the people, and desired the Committee to con- vey to Congress his assurances, that " in executing the responsible duties which would devolve upon him, it would be his anxious desire to maintain the honor and promote the welfare of the country." On the 4th day of March, 1845, Mr. Polk was inau- gurated President of the United States. An immense concourse of people assembled at Washington — every quarter of the Union being well represented — to witness the imposing ceremony. The morning was wet and low- ery ; but the spirits of the spectators were proof against the unfavorable influences of the weather. All parties joined in the appropriate observance of the day, and the national standard floated proudly from the flag-staffs of both democrats and whigs. About eleven o'clock in the forenoon, the procession moved from the quarters of the President elect, at Cole- man's Hotel — Mr. Polk and his predecessor, Mr. Tyler, riding together in an open carriage. Arrived at the cap- itol, the President elect and the ex-president entered the Senate Chamber. Here a procession was formed, when they proceeded to the platform on the east front of the capitol, from which Mr. Polk delivered his inaugural ad- dress : 6 146 JAMES KNOX POLK. [1845. INAUGURAL ADDRESS. Fellow-Citizens : — Without solicitation on my part, I have been chosen by tbe free and voluntary suffrages of my coun- trymen to the most honorable and most responsible office on earth. I am deeply impressed with gratitude for the confi- dence reposed in me. Honored with this distinguished con- sideration at an earlier period of life than any of my prede- cessors, I cannot disguise the diffidence with which I am about to enter on the discharge of my official duties. If the more aged and experienced men who have filled the office of President of the United States, even in the infancy of the Republic, distrusted their ability to discharge the du- ties of that exalted station, what ought not to be the appre- hensions of one so much younger and less endowed, now that our domain extends from ocean to ocean, that our people have so greatly increased in numbers, and at a time when so great diversity of opinion prevails in regard to the principles and policy which should characterize the administration of our Government ? Well may the boldest fear, and the wisest tremble, when incurring responsibilities on which may depend our country's peace and prosperity, and, in some degree, the hopes and happiness of the Avhole human family. In assuming responsibilities so vast, I fervently invoke the aid of the Almighty Ruler of the Universe, in whose hands are the destinies of nations and of men, to guard this heaven- favored land against the mischiefs which, without His gui- dance, might arise from an unwise public policy. With a firm reliance upon the wisdom of Omnipotence to sustain and direct me in the path of duty which I am appointed to pur- sue, I stand in the presence of the assembled multitude of my countrymen, to take upon myself the solemn obligation, ** to the best of my ability, to preserve, to protect, and defend the Constitution of the United States." 184d.J inaugural address. 147 A concise enumeration of the principles which will guide me in the administration pohcy of the government, is not only in accordance with the examples set me by all my predeces- sors, but is eminently befitting the occasion. The Constitution itself, plainly written as it is, the safe- guard of our federative compact, the offspring of conces- sion and compromise, binding together in the bonds of peace and union this great and increasing family of free and inde- pendent States, will be the chart by which I shall be di- rected. It will be my first care to administer the government in the true spirit of that instrument, and to assume no powers not expressly granted or clearly implied, in its terms. The government of the United States is one of delegated and limited powers, and it is by a strict adherence to the clearly granted powers, and by abstaining from the exercise of doubt- ful or unauthorized implied powers, that we have the only sure guaranty against the recurrence of those unfortunate collisions between the Federal and State authorities, which have occasionally so much disturbed the harmony of our system, and even threatened the perpetuity of our glorious Union. " To the States respectively, or to the people," have been reserved " the powers not delegated to the United States by the constitution, nor prohibited by it to the States." Each State is a complete sovereignty within the sphere of its re- served powers. The government of the Union, acting within the sphere of its delegated authority, is also a complete sov- ereignty. While the general government should abstain from the exercise of authority not clearly delegated to it, the States should be equally careful that, in the maintenance of their rights, they do not overstep the limits of powers reserved to them. One of the most distinguished of my predecessors at- tached deserved importance to "the support of the State governments in all their rights, as the most competent ad- 148 JAMES KNOX POLK. [1845- ministration for our domestic concerns, and the surest bulwark against anti-republican tendencies ;" and to the " preservation of the general government in its whole constitutional vigor, as the sheet-anchor of our peace at home, and safety abroad." To the government of the United States has been entrust- ed the exclusive management of our foreign affairs. Beyond that, it wields a few general enumerated powers. It does not force reform on the States. It leaves individuals over whom it casts its protecting influence, entirely free to improve their own condition by the legitimate exercise of all their mental and ph3^sical powers. It is a common protector of each and all the States ; of every man who lives upon our soil, whether of native or foreign birth ; of every religious sect, in their worship of the Almight}'" according to the dictates of their own conscience ; of every shade of opinion, and the most free inquiry ; of every art, trade, and occupation, consistent with the laws of the States. And we rejoice in the general happi- ness, prosperity and advancement of our country, which have been the offspring of freedom and not of power. The most admirable and wisest system of well-regulated self-government among men, ever devised by human minds, has been tested by its successful operation for more than half a century ; and, if preserved from the usurpations of the federal government on the one hand ; and the exercise by the States of power not reserved to them on the other, will, I fervently hope and believe, endure for ages to come, and dis- pense the blessings of civil and religious liberty to distant generations. To effect objects so dear to eveiy patriot, I shall devote myself with anxious solicitude. It will be my desire to guard against that most fruitful source of danger to the harmonious action of our system, which consists in sub- stituting the mere discretion and caprice of the executive, or of majorities in the legislative department of the government, for powers which have been withheld from the federal gov- ernment by the constitution. By the theory of our govern- 1845. J INAUGURAL ADDRESS. 149 ment, majorities rule ; but this right is not an arbitrary or un- limited one. It is a right to be exercised in subordination to the constitution, and in conformity to it. One great object of the constitution was to restrain majorities from oppressing minorities, or encroaching upon their just rights. Minorities have a right to appeal to the constitution, as a shield against such oppression. That the blessings of hberty which our constitution secures may be enjoyed alike by minorities and majorities, the execu- tive has been wisely invested with a qualified veto upon the acts of the legislature. It is a negative power, and is conser- vative in its character. It arrests for the time hasty, incon- siderate, or unconstitutional legislation ; invites reconsidera- tion, and transfers questions at issue between the legislative and executive departments to the tribunal of the people. Like all other powers, it is subject to be abused. When ju- diciously and properly exercised, the constitution itself may be saved from infraction, and the rights of all preserved and protected. The inestimable value of our federal Union is felt and ac- knowledged by all. B)^ this system of united and confedera- ted States, our people are permitted, collectively and indi- vidually, to seek their own happiness in their own way ; and the consequences have been most auspicious. Since the Union was formed, the number of States has increased from thir- teen to twenty-eight ; two of these have taken their position as members of the confederacy within the last week. Our population has increased, from three to twenty millions. New communities and States are seeking protection under its aegis, and multitudes from the Old World are flocking to our shores to participate in its blessings. Beneath its benign sway, peace and prosperity prevail. Freed from the burdens and miseries of war, our trade and intercourse have extended throughout the world. Mind, no longer tasked in devising means to ac- complish or resist schemes of ambition, usurpation, or con- 150 JAMES KNOX POLK. [1845. quest, is devoting itself to man's true interests, in developing his faculties and powers, and the capacity of nature to minis- ter to his enjoyments. Genius is free to announce its inven- tions and discoveries ; and the hand is free to accomplish whatever the head conceives, not incompatible with the rights of a fellow-beinjT, AH distinctions of birth or of rank have o been abohshed. All citizens, whether native or adopted, are placed upon terms of precise equality. All are entitled to equal rights and equal protection. No union exists between Church and State ; and perfect freedom of opinion is guar- anteed to all sects and creeds. These are some of the blessings secured to our happy land by our federal Union. To perpetuate them, it is our sacred duty to preserve it. Who shall assign limits to the achieve- ments of free minds and free hands, under the protection of this glorious Union ? No treason to mankind, since the or- ganization of society, would be equal in atrocity to that of him who would lift his hand to destroy it. He would over- throw the noblest structure of human Avisdora, which protects himself and his fellow-man. He would stop the progress of free government, and involve his country either in anarchy or despotism. He w^ould extinguish the fire of hberty which warms and animates the hearts of happy millions, and invites all the nations of the earth to imitate our example. If he say that error and wrong are committed in the administration of the p^overnment, let him remember that nothino" human can be perfect ; and that under no other system of govern- ment revealed by Heaven, or devised by man, has reason been allowed so free and broad a scope to combat error. Has the sword of despots proved to be a safer or surer in- strument of reform in government than enlightened reason ? Does he expect to find among the ruins of this Union a hap- pier abode for our swarming millions than they now have un- der it ? Every lover of his country must shudder at the thought of the possibility of its dissolution, and will be ready 1845. j INAUGURAL ADDRESS. 151 to adopt the patriotic sentiment: "Our federal Union— it must be preserved." To preserve it, the compromise which alone enabled our fathers to form a common constitution for the government and protection of so many States, and dis- tinct communities, of such diversified habits, interests and do- mestic institutions, must be sacredly and religiously observed. Any attempt to disturb or destroy these compromises, being terms of the compact of Union, can lead to none other than the most ruinous and disastrous consequences. It is a source of deep regret that, in some sections of our country, misguided persons have occasionally indulged in schemes and agitations, whose object is the destruction of domestic institutions existing in other sections— institutions which existed at the adoption of the constitution, and were recognized and protected by it. All must see that if it were possible for them to be successful in attaining their object, the dissolution of the Union, and a consequent destruction of our happy form of government, must speedily follow. I am happy to believe, that at every period of our exist- ence as a nation, there has existed, and continues to exist, among the great mass of our people, a devotion to the Union of the States, which will shield and protect it against the moral treason of any who would seriously contemplate its destruction. To secure a continuance of that devotion, the compromises of the constitution must not only be preserved, but sectional jealousies and heartburnings must be discoun- tenanced ; and all should remember that they are members of the same pohtical family, having a common destiny. To increase the attachment of our people to the Union, our laws should be just. Any policy which shall tend to favor mo- nopolies, or the peculiar interests of sections or classes, must operate to the prejudice of the interests of their fellow-citi- zens, and should be avoided. If the compromises of the con- stitution be preserved, — if sectional jealousies and heartburn- ings be discountenanced, — if our laws be just, and the gov- 152 JAMES KNOX POLK. [1845. ernment be practically administered strictly within the limits of power prescribed to it, — we may discard all apprehensions for the safety of the Union. With these views of the nature, character and objects of the government, and the value of the Union, I shall steadily oppose the creation of those institutions and systems which, in their nature, tend to pervert it from its legitimate purposes, and make it the instrument of sections, classes, and individu- als. We need no National Bank, or other extraneous institu- tions, planted around the government to control or strengthen it in opposition to the will of its authors. Experience has taught us how mmecessary they are as auxiliaries of the pub- lic authorities, how impotent for good and how powerful for mischief. Ours was intended to be a plain and frugal government : and I shall regard it to be my duty to recommend to Con- gress, and as far as the Executive is concerned, to enforce by all the means within my power, the strictest economy in the expenditure of the public money, which may be compatible with the public interests. A national debt has become almost an institution of Euro- pean monarchies. It is viewed in some of them, as an essen- tial prop to existing governments. Melancholy is the condi- tion of that people whose government can be sustained only by a system which periodically transfers large amounts from the labor of the many to the coffers of the few. Such a system is incompatible with the ends for which our republican government was instituted. Under a wise policy, the debts contracted in our revolution, and during the war of 1812, have been happily extinguished. By a judicious apphcatiou of the revenues, not required for other necessary purposes, it is not doubted that the debt which has groAvn out of the circumstances of the last few years may be speedily paid off. I congratulate my fellow-citizens on the entire restoration of the credit of the general government of the Union, and 1845.] INAUGURAL ADDRESS. 153 that of many of the States. Happy would it be for the in- debted States if they were freed from their habiUties, many of which were incautiously contracted. Although the gov- ernment of the Union is neitlier in a legal nor a moral sense bound for the debts of the States, and it would be a violation of our compact of Union to assume them, yet we cannot but feel a deep interest in seeing all the States meet their public liabilities, and pay off their just debts, at the earliest practi- cable period. That they will do so, as soon as it can be done without imposing too heavy burdens on their citizens, there is no reason to doubt. The sound moral and honorable feel- ing of the people of the indebted States cannot be question- ed ; and we are happy to perceive a settled disposition on their part, as their abihty returns, after a season of unexam- pled pecuniary embarrassment, to pay off all just demands, and to acquiesce in any reasonable measure to accomplish that object. One of the difficulties which we have had to encounter in the practical administration of the government, consists in the adjustment of our revenue laws, and the levy of taxes necessary for the support of government. In the general proposition, that no more money shall be collected than the necessities of an economical administration shall require, all parties seem to acquiesce. Nor does there seem to be any material difference of opinion as to the absence of right in the government to tax one section of country, or one class of citizens, or one occupation, for the mere profit of another. " Justice and sound policy forbid the federal government to foster one branch of industry to the detriment of another, or to cherish the interests of one portion to the injury of anoth- er portion of our common country." I have heretofore declared to my fellow-citizens that, in my "judgment, it is the duty of the government to extend as far as may be practicable to do so, by its revenue laws, and all other means within its power, fair and just protection 7* 154 JAMES KNOX POLK. [1845. to all the great interests of tlie whole Union, embracing agri- culture, manufactures, the mechanic arts, commerce and nav- igation." I have also declared my opinion to be in " favor of a tariff for revenue," and that in adjusting the details of such a tariff, I have sanctioned such moderate discriminating duties as would produce the amount of revenue needed, and at the same time, afford reasonable incidental protection to our home industry, and that I was " opposed to a tariff for protection merely, and not for revenue." The power " to lay and collect taxes, duties, imposts, and excises," was an indispensable one to be conferred on the federal government, which, without it, would possess no means of providing for its own support. In executing this power, by levying a tariff of duties for the support of government, the raising revenue should be the object, and protection the incident. To reverse this principle, and make protection the object and revenue the incident, would be to inflict manifest injustice upon all other than the protected interests. In levy- ing duties for revenue, it is doubtless proper to make such discriminations within the revenue principle, as will afford in- cidental protection to our home interests. Within the rev- enue limit, there is a discretion to discriminate ; beyond that limit, the rightful exercise of the power is not conceded. The incidental protection afforded to our home interests by dis- crimination within the revenue range, it is believed will be ample. In making discriminations, all our home interests should, as far as practicable, be equally protected. The largest portion of our people are agriculturists. Others are employed in manufactures, commerce, navigation, and the mechanic arts. They are all engaged in their respective pur- suits, and their joint labors constitute the national or home industry. To tax one branch of this home industry for the benefit of another, would be unjust. No one of these inter- ests can rightfully claim an advantage over the others, or to be enriched by impoverishing the others. All are equally 1845.] INAUGURAL ADDRESS. 155 entitled to the fostering care and protection of the govern- ment. In exercising a sound discretion in levying discrimin- ating duties, within the limit prescribed, care should be taken that it be done in a manner not to benefit the wealthy few, at tlie expense of the toiling millions, by taxing lowest the luxuries of life, or articles of superior quality and high price, which can only be consumed by the wealthy : and highest, the necessaries of life, or articles of coarse quality and low price, which the poor and great mass of the people must con- sume. The burdens of government should, as far as practi- cable, be distributed justly and equally among all classes of our population. These general views, long entertained on the subject, I have deemed it proper to reiterate. It is a subject upon which conflicting interests of sections and occupations are suposed to exist, and a spirit of mutual concession and compromise in adjusting its details should be cherished by every part of our wide-spread country, as the only means of preserving harmony and a cheerful acquiescence of all in the operation of our revenue laws. Our patriotic citizens in every part of the Union will readily submit to the payment of such taxes as shall be needed for the support of their government, whether in peace or in war, if they are so levied as to dis- tribute the burdens as equally as possible among them. The republic of Texas has made known her desire to come into our Union, to form a part of our confederacy, and to en- joy with us the blessing of liberty secured and guaranteed by our constitution. Texas was once a part of our country — was unwisely ceded away to a foreign power — is now inde- pendent, and possesses an undoubted right to dispose of a part or the whole of her territory, and to merge her sovereign- ty as a separate and independent State, in ours. I congratu- late my country that, by an act of the last Congress of the United States, the assent of this government has been given to the reunion ; and it only remains for the two countries to agree upon the terms, to consummate an object so important to both. 156 JAMES KNOX POLK. [1845. I regard the question of annexation as belonging exclusive- ly to the United States and Texas. They are independent powers, competent to contract ; and foreign nations have no right to interfere with them, or to take exceptions to their re- union. Foreign powers do not seem to appreciate the true character of our government. Our Union is a confederation of independent States, whose pohcy is peace with each other and all the world. To enlarge its limits, is to extend the do- minion of peace over additional territories and increasing mil- lions. The world has nothing to fear from mihtary ambition in our government. While the chief magistrate and the popu- lar branch of Congress are elected for short terms by the suffrages of those millions who must, in their own persons, bear all the burdens and miseries of war, our government cannot be otherwise than pacific. Foreign powers should, therefore, look on the annexation of Texas to the United States, not as the conquest of a nation seeking to extend her domin- ions by arms and violence, but as the peaceful acquisition of a territory once her own, by adding another member to our confederation, with the consent of that member — thereby di- minishing the chances of war, and opening to them new and ever-increasing markets for their products. To Texas the reiinion is important, because the strong pro- tecting arm of our government would be extended over her, and the vast resources of her fertile soil and genial climate would be speedily developed ; while the safety of New Or- leans, and of our southwestern frontier, against hostile ag- gression, as well as the interest of the whole Union, would be promoted by it. In the earlier stages of our national existence, the opinion prevailed with some, that our system of confederated states could not operate successfully over an extended territory, and serious objections have, at different times, been made to the enlargement of our boundaries. These objections were earn- estly urged when we acquired Louisiana. Experience has 1845.] INAUGURAL ADDRESS. 157 sho\Yn that they were not well founded. The title of nu- merous Indian tribes to vast tracts of country has been extin- guished. New States have been admitted into the Union ; new Territories have been created, and our jurisdiction and laws extended over them. As our population has expanded, the Union has been cemented and strengthened ; as our boundaries have been enlarged, and our agricultural popula- tion has been spread over a large surface, our federative sys- tem has acquired additional strength and security. It may well be doubted whether it would not be in greater danger of overthrow, if our present population were confined to the comparatively narrow limits of the original thirteen States, than it is, now that they are sparsely settled over an expand- ed territory. It is confidently beheved that our system may be safely extended to the utmost bounds of our territorial limits ; and that, as it shall be extended, the bonds of our Union, so far from bein^^ weakened, will become strono-er. None can fail to see the danger to our safety and future peace, if Texas remains an independent State, or becomes an ally or dependency of some foreign nation more powerful than her- self. Is there one among our citizens who would not prefer perpetual peace with Texas, to occasional wars, which so often occur between bordering independent nations ? Is tlicre one who would not prefer free intercourse with her, to high duties on all our products and manufactures which en- ter her ports or cross her frontiers ? Is there one who would not prefer an unrestricted communication Avith her citizens, to the frontier obstructions which must occur if she remains out of the Union ? Whatever is good or evil in the local institu- tions of Texas, Avill remain her own, whether annexed to the United States or not. None of the present States will be responsible for them, any more than they are for the local in- stitutions of each other. They have confederated together for certain specified objects. Upon the same principle that they would refuse to form a 158 JAMES KNOX POLK. [1845. perpetual union with Texas, because of her local institutions, our forefathers would have been prevented from forming our present Union. Perceiving no valid objection to the measure, and many reasons for its adoption, vitall}^ aftecting the peace, the safety, and the prosperity of both countries, I shall, on the broad principle which formed the basis, and produced the adoption of our constitution, and not in any narrow spirit of sectional policy, endeavor, by all constitutional, honorable, and appropriate means, to consummate the express will of the people and government of the United States, by the re- annexation of Texas to our Union, at the earliest practicable period. Nor will it become in a less degree my duty to assert and maintain, by all constitutional means, the right of the United States to that portion of our territory which hes beyond the Rocky Mountains. Our title to the country of the Oregon is "clear and unquestionable ;" and already are our people preparing to perfect that title, by occupying it with their wives and children. But eighty years ago, our population was confined on the west by the ridge of the Alleghanies. Within that period — within the life-time, I might say, of some of my hearers — our people, increasing to many millions, have filled the eastern valley of the Mississippi ; adventurously ascended the Missouri to its head springs ; and are already enofagfed in establishino- the blessino^s of self-government in valleys, of which the rivers flow to the Pacific. The world beholds the peaceful triumphs of the industry of our emi- grants. To us belongs the duty of protecting them ade- quately, wherever they may be upon our soil. The jurisdic- tion of our laws, and the benefits of our republican institu- tions, should be extended over them in the distant reo-ions which they have selected for their homes. The increasing facilities of intercourse will easily bring the States, of Avhich the formation in that part of our territory cannot long be delayed, within the sphere of our federative Union. In the 1845.J INAUGURAL ADDRESS. 159 meantime, every obligation imposed by treaty or conventional stipulations, should be sacredly respected. In the management of our foreign relations, it will be my aim to observe a careful respect for the rights of other na- tions, while our own will be the subject of constant watchful- ness. Equal and exact justice should characterize all our in- tercourse with foreign countries. AW alliances having a ten- dency to jeopard the welfare and honor of our country, or sacrifice any one of the national interests, will be studiously avoided ; and yet no opportunity will be lost to cultivate a favorable understanding with foreign governments, by which our na\'igation and commerce may be extended, and the am- ple products of our fertile soil, as well as the manufactures of our skilful artisans, find a ready market and remunerating prices in foreign countries. In taking " care that the laws be faithfully executed," a strict performance of duty will be exacted from all public officers. From those officers, especially, who are charged with the collection and disbursement of the public revenue, will prompt and rigid accountability be required. Any cul- pable failure or delay on their part to account for the moneys entrusted to them, at the times and in the manner required by law, will, in every instance, terminate the official connec- tion of such defaulting officer with the government. Although, in our country, the chief magistrate must al- most of necessity be chosen by a party, and stand pledged to its principles and measures, yet in his official action, he should not be the president of a part only, but of the whole people of the United States. While he executes the law with an im- partial hand, shrinks from no proper responsibility, and faith- fully carries out in the executive department of the govern- ment the principles and policy of those who have chosen him, he should not be unmindful that our fellow-citizens who have differed with him in opinion are entitled to the full and free exercise of their opinions and judgments, and that the rights ^^ all are entitled to respect and regard. 160 JAMES KNOX POLK. [1845. Confidently relying upon the aid and assistance of the coordinate branches of the government, in conducting our pubhc affairs, I enter upon the discharge of the high duties which have been assigned me by the people, again humbly supplicating that Divine Being who has watched over and protected our beloved country from its infimcy to the present hour, to continue his generous benedictions upon us, that we may continue to be a prosperous and happy people. Having concluded his address, the oath of office was administered to the president by Chief Justice Taney, after which the former left the capitol in his carriage, and proceeded rapidly, by an indirect route, in order to avoid further fatigue, to the president's house, where, during the after part of the day, he received the congrat- ulations of his fellow-citizens. In the evening, the presi- dent and his lady attended the two inauguration balls given in the city. Thus ended a ceremony which had, doubtless, caused him many a moment of unrest, and to ■which thousands had looked forAvard with beating hearts and with deep anxiety. In such a manner does the American republic change her sovereigns — no pomp or ostentatious parade — no mili- tary escort for protection — no heralds or pursuivants to make proclamation — no crowns or insignia emblematic of royalty — no holy ampulla to pour upon the consecrated head — but a plain and simple ceremony in unison with her free institutions, and with the genius and character of her people ! CIMPTER VIII. Position of the President— His Caljinet— The Washington Globe and The Union — Meeting of Congress — First Annual Message — The Oregon Boundary Question — History and Progress of the Negotiation — Ultima- tum of the American Government — Proposition of Great Britain — Con- clusion and Ratification of a Treaty. Mr. Polk entered upon, his administration under somewhat unfavorable auspices. He belonged to a younger race of statesmen than the prominent candidates whose names were originally presented to the Baltimore Convention, and it was but natural that he should be fearful of incurring the dislike, or encountering the preju- dices, of some one or more of them, which might tend seriously to embarrass his administration. But his po- sition personally, was all that could be desired. He had no pledges to redeem — no promises to fulfil ; and he was not a candidate for reelection. He was indiffer- ent, too, as to which of the leading men of his party should be his successor. It was his desire, therefore, to harmonize and conciliate, but, at the same time, to surrender no principle, to maintain his character for independence, and to preserve the dignity of his official position. His cabinet was selected from among the most dis- tinguished members of the democratic party, and in it each section of the confederacy was represented. James 162 JAMES KNOX POLK. [1845. Buclianan, of Pennsylvania, was appointed Secretary of State; Robert J. Walker, of Mississippi, Secretary of the Treasury ; William L. Marcy, of New York, Secre- tary of War ; George Bancroft, of Massachusetts, Sec- retary of the Navy ; Cave Johnson, of Tennessee, Post- master-general, and John Y. Mason, of Virginia, Attor- ney-general.* These selections appeared to give entire satisfaction ; and if murmurs were heard in any quarter, they were condemned by the general voice of the repub- licans of the nation. For several years a strong and influential portion of the democratic party in the southern states had disap- proved of the arbitrary and dictatorial tone, as they alleged, of the Washington Globe, the principal republi- can journal at Washington. Governed by. the purest motives of conciliation, the President suggested the trans- fer of the newspaper establishment to other persons than the then publishers, Francis P. Blair and John C. Rives. The latter, acting under the advice and with the appro- bation of General Jackson and Mr. Van Buren, acceded to this proposition; their interest in the Globe was cheerfully transferred, and a new paper, called " The Union," established in its stead, under the editorial * The office of Secretary of the Treasury was in the first place ten- dered by Mr. Polk to Silas Wright, of New York; but as the latter had been chosen governor of his state, at the election of 1844, and was under an implied pledge not to vacate the office for a seat in the national cabinet, he did not accept it. The office of Secretary of War was then tendered to Benjamin F. Butler, also a distinguished citizen of New York, but he too declined ; whereupon ex-Governor Marcy was selected for that station, in accordance with the request of a majority of the democratic delegation in Congress from New York, and of a majority of the members of the legisla- ture of the state belonging to that party. 1845. J FIRST ANNUAL MESSAGE. 163 charge of Thomas Ritchie, who had long been honorably connected with the Richmond Enquirer in the same ca- pacity. The treaty for the annexation of Texas, concluded by President Tyler, was rejected by the Senate of the United States, on the 8th day of June, 1844. At the ensuing session of Congress, the subject was again brought forward, and joint resolutions, providing for the annexation, were adopted on the 1st day of March, 1845. Tlie people of Texas, represented in convention, signi- fied their assent to the terms of the resolutions on the 4th of July following, and formed a state constitution, which was forwarded to Washington to be laid before the Congress of the United States by the President. The first session of the twenty -ninth Congress, — being also the first held during the administration of Mr. Polk,— commenced on the 1st day of December, 1845. The friends of the administration being in a considerable mnjority, John W. Davis was elected speaker of the House, by one hundred and twenty votes to seventy-two given for Samuel F. Vinton, of Ohio, the whig candidate. On the ensuing day the President communicated his first annual message to the two houses of Congress : FIRST ANNUAL MESSAGE. Fellow-citizens of the Senate, and House of Representatives : It is to me a source of unaffected satisfaction to meet the representatives of the States and the people in Congress as- sembled, as it will be to receive the aid of their combined wisdom in the administration of public affairs. In performing for the first time the duty imposed on me by the Constitu- tion, of giving to you information of the state of the Union, 164 JAMES KNOX POLK. [1845. and recommending to your consideration sucli measures as in my judgment are necessary and expedient, I am happy that I can congratulate you on the continued prosperity of our country. Under the blessings of Divine Providence and the benign influence of our free institutions, it stands before the world a spectacle of national happiness. With our unexampled advancement in all the elements of national greatness, the affection of the people is confirmed for the union of the States, and for the doctrines of popular lib- erty, which lie at the foimdation of our government. It becomes us, in humilit}'', to make our devout acknowl- edgment to the Supreme Ruler of the Universe, for the ines- timable civil and relioious blessino-s with wdiich we are fa- vored. In callino; the attention of Cono-ress to our relations with foreign powers, I am gratified to be able to state, that though with some of them there have existed since your last session serious cause of irritation and misunderstanding, yet no actual hostilities have taken place. Adopting the maxim in the con- duct of our foreign affairs to " ask nothing that is not right, and submit to nothing that is wrong," it has been my anx- ious desire to preserve peace with all nations ; but, at the same time, to be prepared to resist aggression, and to main- tain all our just rights. In pursuance of the joint resolution of Congress " for an- nexing Texas to the United States," my predecessor, on the third day of March, 1845, elected to submit the first and second sections of that resolution to the republic of Texas, as an overture, on the part of the United States, for her admis- sion as a State into our Union. This election I approved, and accordingly the charge d'affaires of the United States in Texas, under instructions of the tenth of March, 1845, pre- sented these sections of the resolution for the acceptance of that republic. The Executive Government, the Congress, and the people of Texas in convention, have successively com- 1845.] FIRST ANNUAL MESSAGE. 165 plied with all the terms and conditions of the joint resolution. A constitution for the government of the State of Texas, formed by a convention of deputies, is herewith laid before Congress. It is well known, also, that the people of Texas at the polls have accepted the terms of annexation, and rati- fied the constitution. I communicate to Congress the correspondence between the Secretary of State and our Charge d'Aflfaires in Texas ; and also the correspondence of the latter with the authorities of Texas ; together with the official documents transmitted by him to his own government. The terms of annexation which were offered by the United States having been accepted by Texas, the public faith of both parties is solemnly pledged to the compact of their union. Nothing remains to consummate the event, but the passage of an act by Congress to admit the State of Texas into the Union upon an equal footing with the original States. Strong reasons exist why this should be done at an early pe- riod of the session. It will be observed, that by the Consti- tution of Texas, the existing government is only continued temporarily till Congress can act, and that the third Monday of the present month is the day appointed for holding the first general election. On that day, a governor, a lieutenant- governor, and both branches of the legislature, will be chosen by the people. The President of Texas is required, immedi- ately after the receipt of official information that the new State has been admitted into our Union by Congress, to con- vene the Legislature ; and, upon its meeting, the existing government will be superseded, and the State Government organized. Questions deeply interesting to Texas, in com- mon with the other States, the extension of our revenue laws and judicial system over her people and territory, as well as measures of a local character, will claim the early attention of Congress ; and, therefore, upon every principle of repub- lican government, she ought to be represented in that body 166 JAMES KNOX POLK. [1845. without unnecessary delay. I cannot too earnestly recom- mend prompt action on this important subject. As soon as the act to admit Texas as a State shall be pass- ed, the union of the two republics will be consummated by their own voluntary consent. This accession to our territory has been a bloodless achieve- ment. No arm of force has been raised to produce the re- sult. The sword has had no part in the victory. We have not sought to extend our territorial possessions by conquest, or our republican institutions, over a reluctant people. It was the deliberate homage of each people to the great principle of our federative Union. If we consider the extent of territory involved in the an- nexation — its prospective influence on America — the means by which it has been accomplished, springing purely from the choice of the people themselves to share the blessings of our Union, — the history of the world may be challenged to fur- nish a parallel. The jurisdiction of the United States, Avhich at the forma- tion of the federal constitution was bounded by the St. Ma- ry's on the Atlantic, has passed the Capes of Florida, and been peacefully extended to the Del Norte. In contemplat- ing the grandeur of this event, it is not to be forgotten that the result was achieved in despite of the diplomatic interfer- ence of European monarchies. Even France — the country which had been our ancient ally — the country Avhich, has a common interest with us in maintaining the freedom of the seas — the country which, by the cession of Louisiana, first opened to us access to the Gulf of Mexico — the country with which Ave have been every year drawing more and more close- ly the bonds of successful commerce — most unexpectedly, and to our unfeigned regret, took part in an effort to prevent annexation, and to impose on Texas, as a condition of the rec- ognition of her independence by Mexico, that she would never join herself to the United States. We may rejoice that 1845.] FIRST ANNUAL MESSAGE. 16*7 the tranquil and pervading influence of the American princi- ple of self-government was sufficient to defeat tlie purposes of British and French interference, and that the almost unani- mous voice of the people of Texas has given to that interfer- ence a peaceful and effective rebuke. From this example, European governments may learn how vain diplomatic arts and intrigues must ever prove upon this continent, against that system of self-government Avhich seems natural to our soil, and which will ever resist foreign interference. Toward Texas, 1 do not doubt that a liberal «nd generous spirit will actuate Congress in all that concerns her interests and prosperity, and that she will never have cause to regret that she has united her " lone star" to our glorious constel- lation. I regret to inform you that our relations with Mexico, since your last session, have not been of the amicable character which it is our desire to cultivate with all foreign nations. On the 6th day of March last, the Mexican envoy extraor- dinary and minister plenipotentiaiy to the Unitc-d States made a formal protest, in the name of his government, against the joint resolution passed by Congress, " for the annexation of Texas to the United States," which he chose to regard as a violation of the rights of Mexico, and, in consequence of it, he demanded his passports. He was informed that the gov- ernment of the United States did not consider this joint res- olution as a violation of any of the rights of Mexico, or that it afforded any just cause of offence to his government ; that the Repubhc of Texas was an independent Power, owing no alle- giance to Mexico, and constituting no part of her territory or rightful sovereignty and jurisdiction. He was also assured that it was the sincere desire of this government to maintain with that of Mexico relations of peace and good understand- ing. That functionary, however, notwithstanding these rep- resentations and assurances, abruptly terminated his mission, and shortly afterwards left the country. Our envoy extra- 168 JAMES KNOX POLK. [1845. ordinary and minister plenipotentiary to Mexico was refused all official intercourse with that government, and, after re- maining several months, by the permission of his own gov- ernment he returned to the United States. Thus, by the acts of Mexico, all diplomatic intercourse between the two coun- tries was suspended. Since that time Mexico has, until recently, occupied an at- titude of hostility toward the United States — has been mar- shalling and organizing armies, issuing proclamations, and avowing the intention to make war on the United States, either by an open declaration, or by invading Texas. Both the Congress and convention of the people of Texas invited this Government to send an army into that territory, to pro- tect and defend them against the menaced attack. The mo- ment the terms of annexation, offered by the United States, were accepted by Texas, the latter became so far a part of our own country, as to make it our duty to afford such protection and defence. I therefore deemed it proper, as a precautionary measure, to order a strong squadron to the coasts of Mexico, and to concentrate an efficient military force on the western frontier of Texas. Our army was oixiered to take position in the country between the Nueces and the Del Norte, and to repel any invasion of the Texan territory which might be attempted by the Mexican forces. Our squadron in the gulf Avas ordered to cooperate with the army. But though our army and navy were placed in a position to defend our own and the rights of Texas, they were ordered to commit no act of hostility against Mexico, unless she de- clared war, or was herself the aggressor, by striking the first blow. The result has been that Mexico has made no aofgres- sive movement, and our military and naval commanders have executed their orders with such discretion, that the peace of the two republics has not been disturbed. Texas had declared her independence, and maintained it by her arms for more than nine years. She has had an organ- 1845.] FIRST ANNUAL MESSAGE. 169 ized government in successful operation during that period. Her separate existence, as an independent state, had been recognized by the United States and the principal powers of Europe, Treaties of commerce and navigation had been concluded with her by different nations, and it had become manifest to the whole world that any further attempt on the part of Mexico to conquer her, or overthrow her government, would be vain. Even Mexico herself had become satisfied of this fact ; and whilst the question of annexation was pending before the people of Texas, during the past summer, the gov- ernment of Mexico, by a formal act, agreed to recognize the independence of Texas on condition that she would not an- nex herself to any other power. The agreement to acknowl- edge the independence of Texas, whether with or without this condition, is conclusive against Mexico. The independ- ence of Texas is a fact conceded by Mexico herself, and she had no right or authority to prescribe restrictions as to the form of government which Texas might afterwards choose to assume. But though Mexico cannot complain of the United States on account of the annexation of Texas, it is to be reo^retted that serious causes of misunderstanding between the two countries continue to exist, growing out of unredressed inju- ries inflicted by the Mexican authorities and people on the persons and property of citizens of the United States, through a long series of years. Mexico has admitted these injuries, but has neglected and refused to repair them. Such was the character of the wrongs, and such the insults repeatedly of- fered to American citizens and the American flag by Mexico, in palpable violation of the laws of nations and the treaty between the two countries of the fifth of April, 1831, that they have been repeatedly brought to the notice of Congress by my predecessors. As early as the 8th of February, 1837, the President of the United States declared, in a message to Congress, that " the length of time since some of the injuries 8 170 JAMES KNOX POLK. [1845. have been committed, the repeated and unavailing applica- tions for redress, the wanton character of some of the out- rages upon the persons and property of our citizens, upon the officers and flag of the United States, independent of recent insults to this government and people by the late Extraordi- nary Mexican Minister, would justify in the eyes of all na- tions imnaediate war." He did not, however, recommend an immediate resort to this extreme measure, which, he declared, " should not be used by just and generous nations, confiding in their strength for injuries committed, if it can be honorably avoided ;" but, in a spirit of forbearance, proposed that another demand be made on Mexico for that redress which had been so long and unjustly withheld. In these views, committees of the two Houses of Congress, in reports made to their respective bodies, concurred. Since these proceedings, more than eight years have elapsed, during which, in addition to the wrongs then complained of, others of an aggravated character have been committed on the persons and property of our citizens. A special agent was sent to Mexico in the summer of 1838, with full authority to make another and final demand for re- dress. The demand was made ; the Mexican government promised to repair the wrongs of which we complained ; and after much delay, a treaty of indemnity with that view was concluded between the two Powers on the 11th of April, 1839, and was duly ratified by both governments. By this treaty a joint commission was created to adjudicate and de- cide on the claims of American citizens on the government of Mexico. The commission was organized at Washington on the 25th day of August, 1840. Their time Avas limited to eighteen months ; at the expiration of which, they had adju- dicated and decided claims amounting to two millions twenty- six thousand one hundred and thirty-nine dollars and sixty- eight cents in favor of citizens of the United States against the Mexican government, leaving a large amount of claims 1845.J FIRST ANNUAL MESSAGE. t*Tt undecided. Of the latter, the American commissionei*s had decided in favor of our citizens, claims amounting to nine hun- dred and twenty-eight thousand six hundred and twenty-seven dollars and eighty-eight cents, which were left unacted on by the umpire authorized by the treaty. Still further claims, amounting to between three and four millions of dollars, were submitted to the board too late to be considered, and Avere left undisposed of. The sum of two millions twenty-six thousand one hundred and thirty-nine dollars and sixty-eight cents, decided by the board, was a liquidated and ascertained debt due by Mexico to the claimants, and there was no justifiable reason for de- laying its payment according to the terms of the treaty. It was not, however, paid. Mexico applied for furtlier indul- gence ; and, in that spirit of liberality and forbearance which has ever marked the policy of tlie United States toward that republic, the request was granted ; and, on the thirtieth of January, 1843, a new treaty was concluded. By this treaty it was provided, that the interest due on the awards in favor of claimants under the convention of the eleventh of April, 1839, should be paid on the thirtieth of April, 1843 ; and that " the principal of the said awards, and the intei-est aris- ing thereon, shall be paid in live years, in equal instalments every three months, the said term of five yeai-s to commence on the thirtieth day of April, 1843, as aforesaid." The inter- est due on the thirtieth day of April, 1843, and the three first of the twenty instalments, have been paid. Seventeen of these instalments remain unpaid, seven of wliich are now due. The claims which were left undecided by the joint commis- sion, amounting to more than three millions of dollars, to- gether with other claims for spoliations on the property of our citizens, were subsequently presented to the Mexican government for payment, and were so far recognized, that a treaty, providing for their examination and settlement by a 172 JAMES KNOX POLK. [1845- joint commission, -was concluded and signed at Mexico on the twentieth day of November, 1843, This treaty was ratified by the United States, with certain amendments, to which no just exception could ]iav e been taken ; but it has not yet re- ceived the ratification of the Mexican government. In the meantime, our citizens who suffered great losses, and some of whom have been reduced from afiluence to bankruptcy, are Avithout remedy, unless their rights be enforced by their gov- ernment. Such a continued and unprovoked series of Avrongs could never have been tolerated by the United States, had they been committed by one of the principal nations of Eu- rope. Mexico was, however, a neighboring sister republic, which, following our example, had achieved her independ- ence, and for whc*se success and prosperity all our sympathies were early enlisted. The United States were the first to rec- ognize her independence, and to receive her into the family of nations, and have ever been desirous of cultivating with her a good understanding. We have, therefore, borne the repeated wrongs she has committed, with great patience, in the hope that a returning sense of justice would ultimately guide her councils, and that we might, if possible, honorably avoid any hostile collision with her. Without the previous authority of Congi'ess, the Executive possessed no power to adopt or enforce adequate remedies for the injuries we had suffered, or to do more than be pre- pared to repel the threatened aggression on the part of Mex- ico. After our army and navy had remained on the frontier and coasts of Mexico for many weeks, without any hostile movement on her part, though her menaces were continued, I deemed it important to put an end, if possible, to this state of things. With this view, I caused steps to be taken, in the month of September last, to ascertain distinctly, and in an authentic forai, what the designs of the Mexican government were ; whether it was their intention to declare war, or invade Texas, or whether they were disposed to adjust and settle, in 1845. J FIRST ANNUAL MESSAGE. 173 an amicable manner, the pending differences between the two countries. On the ninth of November an official answer was received, that the Mexican government consented to renew the diplomatic relations which had been suspended in March last, and for that purpose were willing to accredit a minister from the United States, With a sincere desire to preserve peace, and restore relations of good understanding between the two republics, I waived ail ceremony as to the manner of renewing diplomatic intercourse between them ; and, assuming the initiative, on the tenth of November a distino-uished citi- zen of Louisiana was appointed Envo}^ Extraordinary and Minister Plenipotentiary to Mexico, clotlied with full powers to adjust, and definitively settle, all pending differences be- tween the two countries, including those of boundary between Mexico and the State of Texas. The minister appointed has set out on his mission, and is probably by this time near the Mexican capital. He has been instructed to brinor the neofo- tiation with which he is charged to a conclusion at the earliest practicable period ; which, it is expected, will be in time to enable me to communicate the result to Congress during the present session. Until that result is known, I forbear to rec- ommend to Congress such ulterior measures of redress for the wrongs and injuries we have so long borne, as it would have been proper to make had no such negotiation been insti- tuted. Congress appropriated at the last session the sum of two hundred and seventy-five thousand dollars for the payment of the April and July instalments of the Mexican indemnities for the year 1844 : " Provided it shall be ascertained to the satisfaction of the American government that the said instal- ments have been paid by the Mexican government to the agent appointed by the United States to receive the same in such manner as to discharore all claim on the Mexican government, and said agent to be delinquent in remitting the money to the United States." 1*14 JAMES KNOX POLK. [1845. The unsettled state of our relations with Mexico has in- volved this subject in much mystery. The first information, in an authentic form, from the agent of the United States, appointed under the administration of my predecessor, was received at the State Department on the ninth of November last. This is contained in a letter dated the 17th October, addressed by him to one of our citizens then in Mexico, with the view of having it communicated to that department. From this it appears that the agent, on the 20th of Septem- ber, 1844, gave a receipt to the treasury of Mexico for the amount of the April and July instalments of the indemnity. In the same communication, however, he asserts that he had not received a single dollar in cash, but that he holds such securities as warranted him at the time in giving the receipt, and entertains no doubt but that he will eventually obtain the money. As these instalments appear never to have been ac- tually paid by the government of Mexico to the agent, and as that government has not therefore been released so as to discharge the claim, I do not feel myself warranted in direct- ing payment to be made to the claimants out of the treasury, without further legislation. Their case is, undoubtedly, one of much hardship ; and it remains for Congress to decide whether any, and what, relief ought to be granted to them. Our minister to Mexico has been instructed to ascertain the facts of the case from the Mexican government, in an authen- tic and official form, and report the result with as little delay as possible. My attention was early diiected to the negotiation, which, on the 4th of March last, I found pending at Washington be- tween the United States and Great Britain, on the subject of the Oregon territory. Three several attempts had been pre- viously made to settle the questions in dispute between the two countries, by negotiation, upon the principle of compro- mise ; but each had proved unsuccessful. These negotiations took place at London, in the years 1818,. 1845.] FIRST ANNUAL MESSAGE. 175 1824, and 1826 ; the two first under the administration of Mr. Monroe, and the last under that of Mr. Adams. The negotia- tion of 1818 ha\ing failed to accomplish its object, resulted in the convention of the t^yentieth of October of that year. By the third article of that convention, it was " agreed, that any coun- try that may be claimed by either party on the northwest coast of America, westward of the Stony mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present conven- tion, to the vessels, citizens, and subjects of the two Powers ; it being well understood that this agreement is not to be con- strued to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other Power or State to any part of the said country ; the only ob- ject of the high contracting parties in that respect being, to prevent disputes and diflerences among themselves." The negotiation of 1824 was productive of no result, and the convention of 1818 was left unchanged. The negotiation of 1826 having also failed to effect an ad- justment by compromise, resulted in the convention of Au- gust the sixth, 1827, by which it was agreed to continue in force, for an indefinite period, the provisions of the third ar- ticle of the convention of the twentieth of October, 1818 ; and it was further provided, " that it shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the twentieth of October, 1828, on giv- ing due notice of twelve months to the other contracting party, to annul and abrogate this convention ; and it shall, in such case, be accordingly entirely annulled and abrogated after the expiration of the said term of service." In these attempts to adjust the controversy, the parallel of forty-ninth degree of north latitude had been offered by the United States to Great Britain, and in those of 1818 and 1826, with IT'S JAMES KNOX POLK. [1845. a further concession of the free navigation of the Columbia River south of that latitude. The parallel of the forty-ninth degree, from the Rocky Mountains to its intersection of the northeasternmost branch of the Columbia, and thence down the channel of that river to the sea, had been offered by Great Britain, with an addition of a small detached territory north of the Columbia. Each of these propositions had been re- jected by the parties respectively. In October, 1843, the Envoy Extraordinary and Minister Plenipotentiary of the United States in London, was author- ized to make a similar offer to those made in 1818 and 182G. Thus stood the question, when the negotiation Avas shortly afterwards transferred to Washington ; and, on the twenty- third of August, 1844, w^as formally opened, under the direc- tion of my immediate predecessor. Like all the previous negotiations, it was based upon the principles of " compro- mise ;" and the avowed purpose of the parties was, " to treat of the respective claims of the two countries to the Oregon territory, with a view to establish a permanent boundary be- tween them westward of the Rocky Mountains to the Pacific Ocean," Accordingly, on the twenty-sixth of August, 1844, the British Plenipotentiary offered to divide the Oregon terri- tory by the 49th parallel of north latitude, from the Rocky Mountains to the point of its intersection with tlie northeast- ernmost branch of the Columbia River, and thence down that river to the sea ; leaving the free navigation of the river to be enjoyed in common by both parties — the country south of this line to belong to the United States, and that north of it to Great Biitain. At the same time, he proposed, in addi- tion, to yield to the United States a detached territory, north of the Columbia, extending along the Pacific and the Straits of Fuca, from Bulfinch's Harbor inclusive, to Hood's Canal, and to make free to the United States any port or ports south of latitude 49 degrees, which they might desire, either on the main land, or on Quadra and Vancouver's Island. With the 1845.] FIRST ANNUAL MESSAGE. 1Y7 exception of the free ports, this was the same ofifer which had been made by the British and rejected by the American Gov- ernment, in the negotiation of 1826. This proposition was properly rejected by the American Plenipotentiary on the day it was submitted. This was the only proposition of com- promise offered by the British Plenipotentiary. The propo- sition on the part of Great Britain having been rejected, the British Plenipotentiary requested that a proposal should be made by the United States for " an equitable adjustment of the question," When I came into office, I found this to be the state of the negotiation. Though entertaining the settled conviction that the British pretensions of title could not be maintained to any portion of the Oregon territory upon any principle of public law recognized by nations, yet, in deference to what had been done by my predecessors, and especially in consid- eration that propositions of compromise had been thrice made by two preceding administrations, to adjust the question on the parallel of forty-nine degrees, and in two of them yield- ing to Great Britain the free navigation of the Columbia, and that the pending negotiation had been commenced on the basis of compromise, I deemed it to be my duty not abruptly to break it off. In consideration, too, that under the con- ventions of 1818 and 1827, the citizens and subjects of the two powers held a joint occupancy of the country, I was in- duced to make another effort to settle this long pending con- troversy in the spirit of moderation which had given birth to the renewed discussion. A proposition was accordingly made, which was rejected by the British Plenipotentiary, who, with- out submitting any other proposition, suffered the negotiation on his part to drop, expressing his trust that the United States would offer what he saw fit to call " some further proposal for the settlement of the Oregon question, more consistent with fairness and equity and with the reasonable expectations of the British government." The proposition thus offered 8* 178 JAMES KNOX POLK. [1845. and rejected, repeated the offer of the parallel of forty-nine degrees of north latitude, which had been made by two pre- ceding administrations, but without proposing to surrender to Great Britain, as they had done, the free navigation of the Columbia River. The right of any foreign power to the free navigation of any of our rivers, through the heart of our country, was one which I was unwilling to concede. It also embraced a provision to make free to Great Britain any port or ports on the cap of Quadra and Vancouver's Island, south of this parallel. Had this been a new question, coming vm- der discussion for the first time, this proposition would not have been made. The extraordinary and wholly inadmissible demands of the British government, and the rejection of the proposition made in deference alone to what had been done by my predecessors, and the implied obligation which their acts seemed to impose, afford satisfactory evidence that no compromise which the United States ought to accept, can be effected. With this conviction, the proposition of compro- mise which had been made and rejected, was, by my direction, subsequently Avithdrawn, and our title to the whole Oregon territory asserted, and, as is believed, maintained by irrefraga- ble facts and arguments. The civilized world will see in these proceedings a spirit of liberal concession on the part of the United States ; and this government will be relieved from all responsibility which may follow the failure to settle the controversy. All attempts at compromise having failed, it becomes the duty of Congress to consider what measures it may be proper to adopt for the security and protection of our citizens now inhabiting, or who may hereafter inhabit, Oregon, and for the maintenance of our just title to that territory. In adopt- ing measures for this purpose, care should be taken that nothing be done to violate the stipulations of the convention of 1827, which is still in force. The faith of treaties in their letter and spirit, has ever been, and, I trust, will ever be. 1845.J FIRST ANNUAL MESSAGE. 179 scrupulously observed by the United States. Under that convention, a year's notice is required to be given by either party to the other, before the joint occupancy shall terminate, and before either can rightfully assert or exercise exclusive jurisdiction over any portion of the territory. This notice it would, in my judgment, be proper to give ; and I recommend that provision be made by law for giving it accordingly, and terminating, in this manner, the convention of the sixth of August, 1827. It will become proper for Congress to determine what leg- islation they can, in the mean time, adopt, without violating this convention. Beyond all question, the protection of our laws and our jurisdiction, civil and criminal, ought to be im- mediately extended over our citizens in Oregon. They have had just cause to complain of our long neglect in this partic- ular, and have in consequence been compelled, for their own security and protection, to establish a provisional government for themselves. Strong in their allegiance and ardent in their attachments to the United States, they have been thus cast upon their own resources. They are anxious that our laws should be extended over them, and I recommend that this be done by Congress with as little delay as possible, in the full extent to which the British Parliament have proceeded in regard to British subjects in that territory, by their act of July the second, 1821, " for regulating the fur-trade, and es- tablishing a criminal and civil jurisdiction within certain parts of North America." By this act Great Britain extended her laws and jurisdiction, civil and criminal, over her subjects, engaged in the fur-trade in that territory. By it, the courts of the province of Upper Canada were empowered to take cognizance of causes civil and criminal. Justices of the peace and other judicial officers were authorized to be appointed in Oregon, with power to execute all process issuing from the courts of that province, and to " sit and hold courts of record for the trial of criminal offences and misdemeanors," not 180 JAMES KNOX POLK. [1845. made the subject of capital punishment, and also of civil cases, where the cause of action shall not " exceed in value the amount or sum of two hundred pounds." Subsequent to the date of this act of Parliament, a grant was made from the " British crown," to the Hudson's Bay Company, of the exclusive trade with the Indian tribes in the Oregon territory, subject to a reservation that it shall not op- erate to the exclusion " of the subjects of any foreign States who, under or by force of any convention for the time being, between us and such foreign States respectively, may be en- titled to, and shall be engaged in, the said trade." It is much to be regretted, that, while under this act Brit- ish subjects have enjoyed the protection of British laws and British judicial tribunals throughout the whole of Oregon, American citizens, in the same territory, have enjoyed no such protection from their government. At the same time, the result illustrates the character of our people and their in- stitutions. In spite of this neglect, they have multiplied, and their number is rapidly increasing in that territory. They have made no appeal to arms, but have peacefully fortified themselves in their new homes, by the adoption of republican institutions for themselves ; furnishing another example of the truth that self-government is inherent in the American breast, and must prevail. It is due to them that they should be embraced and protected by our laws. It is deemed important that our laws regulating trade and intercourse with the Indian tribes east of the Rocky Mount- ains, should be extended to such tribes tis dwell beyond them. The increasing emigration to Oregon, and the care and pro- tection which is due from the government to its citizens in that distant region, make it our duty, as it is our interest, to cultivate amicable relations with the Indian tribes of that ter- ritory. For this purpose, I recommend that provision be made for establishing an Indian agenpy, and such sub-agen- 1845-j FIRST ANNUAL MESSAGE. 181 cies as may be deemed necessary, beyond the Rocky Mount- ains. For the protection of emigrants whilst on their way to Or- egon, against the attacks of the Indian tribes occupying the country through which they pass, I recommend that a suitable number of stockades and block-house forts be erected alono- o the usual route between our frontier settlements on the Mis- souri and the Rocky Mountains ; and that an adequate force of mounted riflemen be raised to guard and protect them on their journey. The immediate adoption of these recommend- ations by Congress will not violate the provisions of the exist- ing treaty. It will be doing nothing more for American citizens than British laws have long since done for British sub- jects in the same territor}'. It requires several months to perform the voyage by sea from the Atlantic States to Oregon ; and although Ave have a large number of whale ships in the Pacific, but few of them afford an opportunity of interchanging intelligence, without great delay, between our settlements in that distant region and the United States. An overland mail is believed to be entirely practicable ; and the impoilance of establishing such a mail, at least once a month, is submitted to the favorable consideration of Congress. It is submitted to the wisdom of Congress to determine Avhether, at their present session, and until after the expira- tion of the 5^ear's notice, any other measures may be adopted, consistently with the convention of 1827, for the security of our rights, and the government and protection of our citizens in Oregon. That it will ultimately be wise and proper to make liberal grants of land to the patriotic pioneers, who, amidst privations and dangers, lead the way through savage tribes inhabiting the vast wilderness intervening between our frontier settlements and Oregon, and who cultivate and are ready to defend the soil, I am fully satisfied. To doubt whether they will obtain such grants as soon as the conven- 182 JAMES KNOX POLK. [1845 ton between the United States and Great Britain, shall have ceased to exist, would be to doubt the justice of Congress ; but, pending the year's notice, it is worthy of consideration whether a stipulation to this effect may be made, consistently with the spirit of that convention. The recommendations whicli 1 have made, as to the best manner of securing our rights in Oregon, are submitted to Congress with great deference. Should they, in their wis- dom, devise any other mode better calculated to accomplish the same object, it shall meet with my hearty concurrence. At the end of the year's notice, should Congress think it proper to make provision for giving that notice, we shall have reached a period when the national rights in Oregon must either be abandoned or firmly maintained. That they cannot be abandoned without a sacrifice of both national honor and est, is too clear to admit of doubt. Oregon is a part of the North American continent, to which it is confidently affirmed, the title of the United States is the best now in existence. For the grounds on which that title rests, I refer you to the correspondence of the late and pres- ent Secretary of State with the British plenipotentiary during the negotiation. The British proposition of compromise, which would make the Columbia the line south of forty-nine degrees, with a trifling addition of detached territory to the United States, north of that river, and would leave on the British side two-thirds of the whole Oregon territory, includ- ing; the free navio-ation of the Columbia and all the valuable harbors on the Pacific, can never, for a moment, be enter- tained by the United States, without an abandonment of their just and clear territorial rights, their own self-respect, and the national honor. For the information of Congress, I com- municate herewith the correspondence which took place be- tween the two governments during the late negotiation. The rapid extension of our settlements over our territories heretofore unoccupied ; the addition of new States to our 1845.] FIRST ANNUAL MESSAGE. 183 confederacy ; the expansion of free principles, and our rising greatness as a nation, are attracting the attention of the pow- ers of Europe ; and hitely the doctrine has been broached in some of them, of a " balance of power" on this continent, to check our advancement. The United States, sincerely de- sirous of preserving relations of good understanding with all nations, cannot in silence permit any European interference on the North American continent ; and should any such in- terference be attempted, will be ready to resist it at any and all hazards. It is well known to the American people and to all nations, that this government has never interfered with the relations subsisting between other governments. We have never made ourselves parties to their wars or their alliances ; we have not sought their territories by conquest; we have not mingled with parties in their domestic struggles ; and believing our own form of government to be the best, we have never at- tempted to propagate it by intrigues, by diplomacy, or by force. We may claim on this continent a like exemption from European interference. The nations of America are equally sovereign and independent with those of Europe. They pos- sess the same rights, independent of all foreign interposition, to make war, to conclude peace, and to regulate their inter- nal aflairs. The people of the United States cannot, there- fore, view with hidifference attempts of European powers to interfere with the independent action of the nations on this continent. The American system of government is entirely different from that of Europe. Jealousy among the different sovereigns of Europe, lest any one of them might become too powerful for the rest, has caused them anxiously to desire the establishment of what they term the " balance of power." It cannot be permitted to have any application on the North American continent, and especially to the United States. We must ever maintain the principle, that the people of this con- tinent alone have the right to decide their own destiny. Should 184 JAMES KNOX POLK. [1845. any portion of them, constituting an independent State, pro- pose to unite themselves with our confederacy, this will be a question for them and us to determine, without any foreign interposition. We can never consent that European Powers shall interfere to prevent such a union, because it might dis- turb the " balance of power" which they may desire to main- tain upon this continent. Near a quarter of a century ago, the principle was distinctly announced to the Avorld in the annual message of one of my predecessors, that " the Amer- ican continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European Power." This principle Avill apply with greatly increased force, should any European power attempt to establish any new colony in North America. In the existing circumstances of the world/the present is deemed a proper occasion tore- iterate and reaffirm the principle avowed by Mr. Monroe, and to state my cordial concurrence in its wisdom and sound poli- cy. Ihe reassertion of this principle, especially in reference to North America, is at this day but the promulgation of a policy which no European power should cherish the disposi- tion to resist. Existing rights of every European nation should be respected ; but it is due alike to our safety and our inter- ests, that the efficient protection of our laws should be ex- tended over our whole territorial limits, and that it should be distinctly announced to the world as our settled policy, that no future European colony or dominion shall, with our con- sent, be planted or established on any part of the North American continent. A question has recently arisen under the tenth article of the subsisting treaty between the United States and Prussia. By this article, the consuls of the two countries have the right to sit as judges and arbitrators " in such differences as may arise between the captains and crews of vessels belong- ing to the nations whose interests are committed to their 1845. J FIRST ANNUAL MESSAGE. 185 charge, without the interference of the local authorities, un- less the conduct of the crews or of the captains should dis- turb the order or tranquillity of the country ; or the said con- suls should require their assistance to cause their decisions to be carried into effect or supported." The Prussian consul at New Bedford, in June, 1844, ap- plied to Mr. Justice Story to carry into effect a decision made by him between the captain and the crew of the Prussian ship Borussia ; but the request was refused on the ground that, without previous legislation by Congress, the judiciary did not possess the power to give effect to this article of the treaty. The Prussian government, through their minister here, have complained of this violation of the treaty, and have asked the government of the United States to adopt the necessary measures to prevent similar violations hereafter. Good faith to Prussia, as well as to other nations with whom we have similar treaty stipulations, requires that these should be faithftdly observed. I have deemed it proper, therefore, to lay the subject before Congress, and to recommend such legislation as may be necessary to give effect to these treaty obligations. By virtue of an arrangement made between the Spanish government and that of the United States, in December, 1831, American vessels, since the 29th of April, 1832, have been admitted to entry in the ports of Spain, including those of the Balearic and Canary islands, on payment of the same tonnage duty of five cents per ton, as though they had been Spanish vessels ; and this, whether our vessels arrive in Spain directly from the United States, or indirectly from any other country. When Congress, by the act of the 13th of July, 1832, gave effect to this an-angement between the two governments, they confined the reduction of tonnage duty merely to Spanish vessels " coming from a port in Spain," leaving the former discriminating duty to remain against such vessels coming from a poit in any other country. It is man- 186 JAMES KNOX POLK. [1845. ifestly unjust tliat, whilst American vessels, arriving in the ports of Spain from other comitries, pay no more duty than Spanish vessels, Spanish vessels arriving in the ports of the United States from other countries should be subjected to heavy discriminating tonnage duties. This is neither equality nor reciprocity, and is in violation of the arrangement con- cluded in December, 1831, between the two countries. The Spanish government have made repeated and earnest remon- strances against this inequality, and the favorable attention of Congress has been several times invoked to the subject by my predecessors. I recommend, as an act of justice to Spain, that this inequality be removed by Congress, and that the discriminating duties which have been levied under the act of the 13th of July, 1832, on Spanish vessels coming to the United States from any other foreign country, be refunded. This recommendation does not embrace Spanish vessels ar- riving in the United States from Cuba and Porto Rico, which will still remain subject to the provisions of the act of June 30th, 1834, concernino- tonnao-e duty on such vessels. By the act of the 14th of July, 1832, coffee was exempt- ed from duty altogether. This exemption w^as universal, without reference to the country where it was produced, or the national character of the vessel in which it was imported. By the tariff act of the 30th August, 1842, this exemption from duty was restricted to coffee imported in American vessels from the place of its production ; whilst coffee im- ported under all other circumstances was subjected to a duty of 20 per cent, ad valorem. Under this act, and our exist- ing treaty with the King of the Netherlands, Java coffee im- ported from the European ports of that kingdom into the United States, whether in Dutch or American vessels, now pays this rate of duty. The government of the Netherlands complains that such a discriminating duty should have been imposed on coffee, the production of one of its colonies, and which is chiefly brought from J ava to the ports of that king- 1845.] FIRST ANNUAL MESSAGE. 187 dom, and exported from thence to foreign countries. Our trade with the Netherlands is highly beneficial to both coun- tries, and our relations with them have ever been of the most friendly character. Under all the circumstances of the case, I recommend that this discrimination should be abolished, and that the coffee of Java imported from the Netherlands be placed upon the same footing ^yiih. that imported directly from Brazil and otlier countries where it is produced. Under the eighth section of the tariff act of the thirtieth of August, 1842, a duty of fifteen cents per gallon was imposed on Port wine in casks ; while, on the red wines of several other countries, when imported in casks, a duty of only six cents per gallon was imposed. This discrimination, so far as regarded the Port wine of Portugal, was deemed a violation of our treaty with that power, which provides, that " No higher or other duties shall be imposed on the importation into the United States of America of any article the growth, produce, or manufacture of the kingdom and possessions of IMrtugal, than such as are or shall be payable on the like ar- ticle being the growth, produce, or manufacture of an}^ other foreign country." Accordingly, to give effect to the treaty, as well as to the intention of Congress, expressed in a proviso to the tariff act itself, that nothing therein contained should be so construed as to interfere with subsisting treaties with foreign nations ; a treasury circular was issued on the six- teenth of July, 1844, which, among other things, declared the duty on the Port wine of Portugal, in casks, under the existing laws and treaty, to be six cents per gallon, and di- rected that the excess of duties which had been collected on such wine, should be refunded. By virtue of another clause, in the same section of the act, it is provided that all imitations of Port, or any other wines, " shall be subject to the duty provided for the genuine article." Imitations of Port wine, the production of France, are imported to some extent into the United States ; and the government of that country now 188 JAMES KNOX POLK. [1845. claims thcit, under a correct construction of the act, these im- itations ought not to pay a higher duty than that imposed upon the original Port wine of Portugal. It appears to me to be unequal and unjust, that French imitations of Port wine should be subjected to a duty of fifteen cents, while the more valuable article from Portugal should pay a duty of six cents only per gallon. I therefore recommend to Congress such legislation as may be necessary to correct the inequality. The late President, in his annual message of December last, recommended an appropriation to satisfy the claims of the Texan government against the United States, which had been previously adjusted, so far as the powers of the Exec- utive extend. These claims arose out of the act of disarming a body of Texan troops under the command of Major Snively, by an officer in the service of the United States, acting under the orders of our government ; and the forcible entry into the custom-house at Bryarly's landing, on Red River, by certain citizens of the United States, and taking away therefrom the goods seized by the collector of the customs as forfeited under the laws of Texas. This vras a liquidated debt, ascertained to be due to Texas when an independent State. Her accept- ance of the terms of annexation proposed by the United States does not discharge or invalidate the claim. I recommend that provision be made for its payment. The commissioner appointed to China during the special session of the Senate in March last, shortly afterwards set out on his mission in the United States ship Columbus. On ar- riving at Rio de Janeiro on his passage, the state of his health had become so critical, that, by the advice of his medical at- tendants, he returned to the United States early in the month of October last. Commodore Biddle, commanding the East India squadron, proceeded on his voyage in the Columbus, and was charged by the commissioner with the duty of ex- changing with the proper authorities the ratifications of the treaty lately concluded with the Emperor of China, Since 1845.] FIRST ANNUAL MESSAGE. 189 the return of the commissioner to the United States, his health has been much improved, and he entertains the confident be- hef that he will soon be able to proceed on his mission. Unfortunately, differences continue to exist among some of the nations of South America, which, following our example, have established their independence, while in others internal dissensions prevail. It is natural that our sympathies should be warmly enlisted for their welfare ; that we should desire that all controversies between them should be amicably ad- justed, and their governments administered in a manner to protect the rights, and promote the prosperity of their people. It is contrary, however, to our settled policy, to interfere in their controversies, whether external or internal. I have thus adverted to all the subjects connected with our foreign relations, to which I deem it necessary to call your attention. Our policy is not only peace with all, but good will towards all the Powers of the earth. While we are just to all, we require that all shall be just to us. Excepting the differences with Mexico and Great Britain, our relations with all civilized nations are of the most satisfactory character. It is hoped that in this enlightened age, these differences may be amicably adjusted. The Secretary of the Treasury, in his annual report to Con- gress, will communicate a full statement of the condition of our finances. The imports for the fiscal year ending on the 30tli of June last, were of the value of one hundred and sev- enteen millions two hundred and fifty-four thousand five hun- dred and sixty-four dollars, of which the amount exported was fifteen millions three hundred and forty-six thousand eight hundred and thirty dollars — leaving a balance of one hundred and one millions nine hundred and seven thousand seven hundred and thirty-four dollars for domestic consump- tion. The exports for the same year were of the value of one hundred and fourteen millions six hundred and forty-six thousand six hundred and six dollars ; of which, the amount 190 JAMES KNOX POLK. [1845. of domestic articles was ninety-nine millions two hundred and ninety-nine thousand seven hundred and seventy-six dollars. The receipts into the treasury during the same year were twenty-nine millions seven hundred and sixty-nine thousand one hundred and thirty-three dollars and fifty-six cents ; of which, there were derived from customs, twenty-seven millions five hundred and twenty-eight thousand one hundred and twelve dollars and seventy cents ; from sales of public lands, two millions seventy-seven thousand and twenty-two dollars and thirty cents ; and from incidental and miscellaneous sources, one hundred and sixty-three thousand nine hundred and ninety-eight dollai-s and fifty-six cents. The expenditures for the same period were twenty-nine millions nine hundred and sixty-eight thousand two hundred and six dollars and ninety-eight cents ; of which eight millions five hundred and eighty-eight thousand one hundred and fifty-seven dollars and sixty- two cents were applied to the payment of the public debt. The balance in the treasury on the first of July last, was seven millions six hundred and fifty-eight thousand three hundred and six dollars and twenty-two cents. The amount of public debt remaining upaid on the first of October last, was seventeen millions seventy-five thousand four hundred and forty-five dollars and fifty-two cents. Fur- ther payments of the public debt would have been made in anticipation of the period of its reimbursement under the au- thority conferred upon the Secretary of the Treasury by the acts of July twenty-first, 1841, and of April fifteenth, 1842, and March third, 1843, had not the unsettled state of our re- lations with Mexico menaced hostile collision with that power. In view of such a contingency, it was deemed prudent to re- tain in the treasury an amount unusually large for ordinary purposes. A few years ago, our whole national debt growing out of the Revolution and the war of 1812 with Great Britain, was extinguished, and we presented to the world the rare and 1845. J FIRST ANNUAL MESSAGE. 191 noble spectacle of a great and growing people who had fully discharged every obligation. Since that time, the existing debt has been contracted ; and small as it is, in comparison with the similar burdens of most other nations, it should be extinguished at the earliest practicable period. Should the state of the country permit, and, especially, if our foreio-n relations interpose no obstacle, it is contemplated to apply all the moneys in the treasury as they accrue, beyond what is required for the appropriations by Congress, to its liquidation. I cherish the hope of soon being able to congratulate the country on its recovering once more the lofty position which it so recently occupied. Our country, which exhibits to the world the benefits of self-government, in developing all the sources of national prosperity, owes to mankind the perma- nent example of a nation free from the blighting influence of a public debt. The attention of Congress is invited to the importance of making suitable modifications and reductions of the rates of duty imposed by our present tariff laws. The object of im- posing duties on imports should be to raise revenue to pay the necessary expenses of government. Congress may, un- doubtedly, in the exercise of a sound discretion, discriminate in arranging the rates of duty on different articles ; but the discriminations should be within the revenue standard, and be made with a view to raise money for the support of govern- ment. It becomes important to understand distinctly what is meant by a revenue standard, the maximum of which should not be exceeded in the rates of duty imposed. It is conceded, and experience proves, that duties may be laid so high as to di- minish, or prohibit altogether, the importation of any given article, and thereby lessen or destroy the revenue which, at lower rates, would be derived from its importation. Such duties exceed the revenue rates, and are not imposed to raise money for the support of government. If Congress levy a 192 JAMES KNOX POLK. [1845. duty, for revenue, of one per cent, on a given article, it will produce a given amount of money to the treasury, and will incidentally and necessarily afford protection, or advantage, to the amount of one per cent, to the home manufacturer of a similar or like article, over the importer. If the duty be raised to ten per cent., it will produce a greater amount of money, and afford greater protection. If it be still raised to twenty, twenty-five or thirty per cent., and if, as it is raised, the revenue derived from it is found to be increased, the pro- tection or advantage will also be increased; but if it be raised to thirty-one per cent., and it is found that the reve- nue produced at that rate is less than thirty per cent., it ceases to be a revenue duty. The precise point in the as- cending scale of duties at which it is ascertained from experi- ence that the revenue is greatest, is the maximum rate of duty which can be laid for the bona fide purpose of collecting money for the support of government. To raise the duties higher than that point, and thereby diminish the amount col- lected, is to levy them for protection merely, and not for revenue. As long, then, as Congress may gradually increase the rate of duty on a given article, and the revenue is in- creased by such increase of duty, they are within the revenue standard. When they go beyond that point, and, as they increase the duties the revenue is diminished or destroyed, the act ceases to have for its object the raising of money to support government, but is for protection merely. It does not follow that Congress should levy the highest duty on all articles of import which they will bear within the revenue standard ; for such rates would probably produce a much larofer amount than the economical administration of the government would require. Nor does it follow that the duties on all articles should be at the same or a horizontal rate. Some articles will bear a much higher revenue duty than others. Below the maximum of the revenue standard Con- gress may and ought to discriminate in the rates imposed, tak- 1845. J FIRST ANNUAL MESSAGE. 193 ing care so to adjust tliem on different articles as to produce in the aggregate, the amount which, when added to the pro- ceeds of the sales of public lands, may be needed to pay the economical expenses of government In levying a tariff of duties, Congress exercises the taxing power, and for purposes of revenue may select the objects of taxation. They may exempt certain articles altogether, and peraiit their importation free of duty. On others they may impose low duties. In these classes may be embraced such articles of necessity as are in general use, and especially such as are consumed by the laborer and the poor as well as by the wealthy citizen. Care should be taken that all the great interests of the country, including manufactures, agriculture, commerce, navigation and the mechanic arts, should, as far as may be practicable, derive equal advantages from the inci- dental protection which a just system of revenue duties may afford. Taxation, direct or indirect, is a burden, and it should be so imposed as to operate as equally as may be, on all classes, in the proportion of their abihty to bear it. To make the taxing power an actual benefit to one class, necessarily increases the burden of the others beyond their proportion, and would be manifestly unjust. The terms " protection to domestic industry," are of pop- ular import ; but they should apply under a just system to all the various branches of industry in our country. The farmer or planter who toils yearly in his fields, is engaged in " domestic industry," and is as much entitled to have his labor " protected," as the manufacturer, the man of commerce, the navigator, or the mechanic, who are engaged also in " domes- tic industry " in their different pursuits. The joint labors of all these classes constitute the aggregate of the " domestic industry " of the nation, and they are equally entitled to the nation's " protection." No one of them can justly claim to be the exclusive recipients of " protection," which can only be afforded by increasing burdens on the " domestic indus- try " of the others. 194 JAMES KNOX POLK. [1845. If these views be correct, it remains to inquire how far the tariff act of 1842 is consistent with them. That many of the provisions of that act are in violation of tlie cardinal principles here laid down, all must concede. The rates of duty imposed by it on some articles are prohibitory, and on others so high as greatly to diminish importations, and to produce a less amount of revenue than would be derived from lower rates. They operate as " protection merely,'' to one branch of " do- mestic industry," by taxing other branches. By the introduction of minimums, or assumed and false values, and by the imposition of specific duties, the injustice and inequality of the act of 1842, in its practical operations on different classes and pursuits, are seen and felt. Many of the oppressive duties imposed by it under the operation of these principles, range from one per cent., to more than two hundred per cent. They are prohibitory on some articles, and partially so on others, and bear most heavily on articles of common neces- sity, and but lightly on articles of luxury. It is so framed that much the greatest burden which it imposes is thrown on labor and the poorer classes who are least able to bear it, while it protects capital, and exempts the rich from paying their just proportion of the taxation required for the support of government. While it protects the capital of the wealthy manufacturer, and increases his profits, it does not benefit the operatives or laborers in his employment, whose wages have not been increased by it. Articles of prime necessity or of coarse quality and low price, used by the masses of the peo- ple, are in many instances subjected by it to heavy taxes, while articles of finer quality and higher price, or of luxury, •which can be used only by the opulent, are lightly taxed. It imposes heavy and unjust burdens on the farmer, the planter, the commercial man, and those of all other pursuits except the capitalist who has made his investments in manufactures. All the great interests of the country are not, as nearly as may be practicable, equally protected by it. 1845.] FIRST ANNUAL MESSAGE. 195 The government, in theory, knows no distinction of per- sons or classes, and should not bestow upon some favors and privileges which all others may not enjoy. It was the pur- pose of its illustrious founders to base the institutions which they reared upon the great and unchanging principles of jus- tice and equity, conscious that if administered in the spirit in which they were conceived, they would be felt only by the benefits which they diffused, and would secure for themselves a defence in the hearts of the people, more powerful than standing armies, and all the means and appliances invented to sustain governments founded in justice and oppression. The well-known fact, that the tariff act of 1842 was passed by a majority of one vote in the Senate, and two in the House of Representatives, and that some of those who felt them- selves constrained, under the peculiar circumstances existing at the time, to vote in its favor, proclaimed its defects, and ex- pressed their determination to aid in its modilicaton on the first opportunity, affords strong and conclusive evidence that it was not intended to be permanent, and of the expediency and necessity of its thorough revision. In recommending to Congress a reduction of the present rates of duty, and a revision and modification of the act of 1842, I am far from entertaining opinions unfriendly to the manufacturers. On the contrary, I desire to see them pros- perous, as far as they can be so, without imposing unequal burdens on other interests. The advantage under any sys- tem of indirect taxation, even within the revenue standard, must be in favor of the manufacturing interest ; and of this no other interest will complain. I recommend to Congress the aboUtion of the minimum principle, or assumed, arbitrary, and false values, and of spe- cific duties, and the substitution in their place of ad valorem duties, as the fairest and most equitable indirect tax which can be imposed. By the ad valorem principle, all articles are taxed according to their cost or value, and those which are 196 JAMES KNOX POLK. [1845« of inferior quality, or of small cost, bear only the just pro- portion of the tax with those which are of superior quality or greater cost. The articles consumed by all are taxed at the same rate. A system of ad valorem revenue duties, with proper discriminations and proper guards against frauds in collecting them, it is not doubted, will afibrd ample incidental advantages to the manufacturers, and enable them to derive as great profits as can be derived from any other regular busi- ness. It is believed that such a system, strictly within the revenue standard, will place the manufacturing interests on a stable footing, and enure to their permanent advantage ; while it will, as nearly as may be practicable, extend to all the great interests of the country the incidental protection which can be afforded by our revenue laws. Such a system, when once firmly established, would be permanent, and not be sub- ject to the constant complaints, agitations and changes which must ever occur, when duties are not laid for revenue, but for the " protection merely" of a favored interest. In the deliberations of Congress on this subject, it is hoped that a spirit of mutual concession and compromise between conflicting interests may prevail, aad that the result of their labors may be crowned with the happiest consequences. By the constitution of the United States it is provided, that " no money shall be drawn from the treasury but in conse- quence of appropriations made by law/' A public treasury was undoubtedly contemplated and intended to be created, in which the public money should be kept from the period of collection until needed for public uses. In the collection and disbursement of the public money, no agencies have ever been employed by law, except such as were appointed by the government, directly responsible to it, and under its control. The safe keeping of the public money should be confided to a public treasury created by law, and under like responsibility and control. It is not to be imagined that the framers of the constitution could have intended that a treas- 1845. J FIRST ANNUAL MESSAGE. 197 uiy should be created as a place of deposit and safe-keeping of the public money which was irresponsible to the govern- ment. The first Congress under the constitution, by the act of the second September, 1789, " to establish the Treasury Department," providiid for the appointment of a treasurer, and made it his duty " to receive and keep the moneys of the United States," and " at all times to submit to the Secretary of the Treasury and the Comptroller, or either of them, the inspection of the moneys in his hands." That banks, national or State, could not have been intended to be used as a substitute for the treasury spoken of in the constitution, as keepers of the public money, is manifest from the fact, that at that time there was no national bank, and but three or four State banks of limited capital existed in the country. Their employment as depositories was at first re- sorted to, to a limited extent, but with no avowed intention of continuing them permanently, in place of the treasury of the constitution. When they were afterwards from time to time employed, it was from motives of supposed convenience. Our experience has shown, that when banking corporations have been the keepers of the public money, and been thereby made in effect the treasury, the government can have no guar- anty that it can command the use of its own money for pub- lic purposes. The late Bank of the United States proved to be faithless. The State banks, which were afterwards em- ployed, were faithless. But a few years ago, with millions of public money in their keeping, the government was brought almost to bankruptcy, and the public credit seriously im- paired, because of their inability or indisposition to pay, on demand, to the public creditors, in the only currency recog- nized by the constitution. Their failure occurred in a period of peace, and great inconvenience and loss were suffered by the public from it. Had the country been involved in a for- eign war, that inconvenience and loss would have been much greater, and might have resulted in extreme public calamity. 198 JAMES KNOX POLK. [1845. The public money should not be mingled with the private funds of banks or individuals, or be used for private pur- poses. When it is placed in banks for safe keeping, it is in effect loaned to them without interest, and is loaned by them upon interest to the borrowers from them. The public money is converted into banking capital, and is used and loaned out for the private profit of bank stockholders ; and when called for (as was the case in 1837), it may be in the pockets of the borrowers from the banks, instead of being in the public treasury contemplated by the constitution. The framers of the constitution could never have intended that the money paid into the treasury should be thus converted to private use, and placed beyond the control of the government. Banks which hold the public money are often tempted, by a desire to oain, to extend their loans, increase their circula- tion, and thus stimulate, if not produce a spirit of speculation and extravao-ance, which sooner or later must result in ruin to thousands. If the public money be not permitted to be thus used, but be kept in the treasury and paid out to the public creditors in gold and silver, the temptation afforded by its deposite with banks to an undue expansion of their busi- ness, would be checked, while the amount of tlie constitu- tional currency left in circulation would be enlarged, by its employment in the public collections and disbursements, and the banks themselves would, in consequence, be found in a safer and sounder condition. At present, State banks are employed as depositories, but without adequate regulation of law, whereby the public mon ey can be secured against the casualties and excesses, revul sions, suspensions, and defalcations, to which, from over-issues over-tradina:, an inordinate desire for frain, or other causes they are constantly exposed. The Secretary of the Treasuiy has in all cases, when it was practicable, taken collateral se- curity for the amount which they hold, by the pledge of stocks of the United States, or such of the States as were in 1845.] FIRST ANNUAL MESSAGE. 199 good credit. Some of the deposite banks have given this description of security, and others have decHned to do so. Entertaining the opinion that *' the separation of the moneys of tlie government from banking institutions is indispensable for the .siifflv of the funds of the government and the rights of tlie people," I recommend to Congress that provision be made by law for such separation, and that a constitutional trea.sur}' be created for the safe-keeping of the public money. Th«' <<»ii^titutlonal lre;Lsury recommended is designed as a se- cup- drposiiorv for the public money, without any power to make loans or discounts, or to issue any paper whatever as a curnncv or circulation. 1 cannot doubt that such a treasury jLs w;i:i contemplated by the constitution, should be independ- ent of all banking corponilion.H. The money of the people should l)e k«pt in the treasury of the people created by law, lid be in the custody of agents of the people chosen by t!n'ms«'lv«'s, according to the form of the constitution ; agents who ari' directly ri^sponsible to the govenimenl, who are un- der adrjjualf b«*nds anonUions, not apptem, limiting the mininunn j)rico 200 JAMES KNOX POLK. [1845. at which the public lands can be entered to one dollar and twenty-five cents per acre, large quantities of lands of inferior quality remain unsold, because they Avill not command that price. From the records of the General Land Office it ap- pears, that, of the public lands remaining unsold in the seve- ral states and territories in which they are situated, thirty-nine millions one hundred and five thousand five hundred and sev- enty-seven acres have been in the market, subject to entry, more than twenty years ; forty-nine millions six hundred and thirty-eight thousand six hundred and forty-four acres for more than fifteen years ; seventy-three millions seventy-four thousand and six hundred acres for more than ten years ; and one hundred and six millions one hundred and seventy-six thousand nine hundred and sixty-one acres for more than five years. Much the largest portion of these lands will continue to be unsaleable at the minimum price at which they are per- mitted to be sold, so long as large territories of lands from which the more valuable portions have not been selected are annually brought into market by the government. With the view to the sale and settlement of these inferior lands, I rec- ommend that the price be graduated and reduced below the present minimum rate, confining the sales at the reduced pri- ces to settlers and cultivators in limited quantities. If grad- uated and reduced in price for a limited terra to one dollar per acre, and after the expiration of that period, for a second and third term to lower rates , a large portion of these lands would be purchased, and many worthy citizens, who are unable to pay higher rates, could purchase homes for themselves and their families. By adopting the policy of graduation and reduction of price, these inferior lands will be sold for their real value, while the states in which they lie will be freed from the in- convenience, if not injustice to which they are subjected, in consequence of the United States continuing to own large quantities of public lands within their borders, not hable to taxation for the support of their local governments. 1845. J FIRST ANNUAL MESSAGE. 201 I recommend the continuance of the policy of granting pre- emptions, in its most hberal extent, to all those who have settled, or may hereafter settle, on the public lands, whether surveyed or unsurveyed, to which the Indian title may have been extinguished at the time of settlement. It has been found by experience, that in consequence of combinations of purchasers and other causes, a very small quantity of the public lands, when sold at public auction, commands a higher price than the minimum rate estabhshed by law. The settlers on the public lands are, however, but rarely able to secure their homes and improvements at the public sales at that rate ; because these combinations, by means of the capital they command, and their superior ability to purchase, render it im- possible for the settler to compete with them in the market. By putting down all competition, these combinations of capi- talists and speculators are usually enabled to purchase the lands, including the improvements of the settlers, at the mini- mum price of the govei-nment, and either turn them out of their homes, or extort from them, according to their ability to pay, double or quadruple the amount paid for them to the government. It is to the enterprise and perseverance of the hardy pioneers of the west, who penetrate the wilderness with their families, suffer the dangers, the privations and hardships attending the settlement of a new country, and prepare the way for the body of emigrants who, in the course of a few years, usually follow them, that we are, in a great deo-ree, in- indebted for the rapid extension and aggrandizement of our country. Experience has proved that no portion of our population are moi-e patriotic than the hardy and brave men of the fron- tier, or more ready to obey the call of their country, and to defend her rights and her honor, whenever and by whatever enemy assailed. They should be protected from tlie grasp- ing speculator, and secured, at the minimum price of the public lands, in the humble homes which they have improved 9* 202 JAMES KNOX POLK. [1845. by tlieir labor. With this end in view, all vexatious or un- necessary restrictions imposed upon them by the existing pre- emption laws, should be repealed or modified. It is the true policy of the government to afford facihties to its citizens to become the owners of small portions of our vast public domain at low and moderate rates. The present system of managing the mineral lands of the United States is beheved to be radically defective. More than a milhon of acres of the public lands, supposed to contain lead and other minerals, have been reserved from sale, and numerous leases upon them have been granted to individuals upon a stipulated rent. The system of granting leases has proved to be not only unprofitable to the government, but unsatisfactory to the citizens who have gone upon the lands, and must, if continued, lay the foundation of much future difficulty between the government and the lessees. Accord- ing to the official records, the amount of rents received by the government for the years 1841, 1842, 1843, and 1844, was $6,354.74, while the expenses of the system during the same period, including salaries of superintendents, agents, clerks, and incidental expenses, were twenty-six thousand one hundred and eleven dollars and eleven cents — the income being less than one-fourth of the expenses. To this pecuni- ary loss may be added the injury sustained by the public in consequence of the destruction of timber, and the careless and wasteful manner of working the mines. The system has given rise to much litigation between the United States and individual citizens, producing irritation and excitement in the mineral region, and involving the government in heavy addi- tional expenditures. It is believed that similar losses and embarrassments will continue to occur, while the present system of leasing these lands remains unchanged. These lands are now under the superintendence and care of the War Department, with the ordinary duties of which they have no proper or natural connexion. I recommend the re- 1845. J FIRST ANNUAL MESSAGE. 203 peal of the present system, and that these lands be placed under tlie superintendence and management of the General Land Office, as other public lands, and be brought into mar- ket and sold upon such terms as Congress in their wisdom may prescribe, reserving to the government an equitable per centage of the gross amount of mineral product, and that the preemption principle be extended to resident miners and set- tlers upon them, at the minimum price which may be estab- Hshed by Congress. I refer you to the accompanying report of the Secretary of War, for information respecting the present situation of the army, and its operations during the past year ; the state of our defences ; the condition of the public works ; and our relations with the various Indian tribes within our limits or upon our borders. I invite your attention to the suggestions contained in that report, in relation to these prominent objects of national interest. W'licn orders were given during the past summer for concen- trating a military force on the western frontier of Texas, our troops were widely dispersed, and in small detachments, occu- pying posts remote from each other. The prompt and expedi- tious manner in which an army, embracing more than half our peace establishment, was drawn together on an emergency so sudden, reflects great credit on the officers who were entrusted with the execution of these orders, as well as upon the disci- pline of the army itself. To be in strength to protect and defend the people and territory of Texas, in the event Mexico should commence hostilities, or invade her territories with a large army, which she threatened, I authorized the general assigned to the command of the army of occupation to make requisitions for additional forces from several of the States nearest the Texan territory, and which could most expeditiously furnish them, if, in his opinion, a larger force than that under his command, and the auxiliary aid which, under like circumstances, he was author- 204 JAMES KNOX POLK. [1845. ized to receive from Texas, should be required. The con- tingency upon which the exercise of this authority depended, has not occurred. The circumstances under which two com- panies of State artillery from the city of New Orleans were sent into Texas, and mustered into the service of the United States, are fully stated in the report of the Secretary of War. I recommend to Congress that provision be made for the payment of these troops, as well as the small number of Tex- an volunteers, whom the commanding general thought it necessary to receive or muster into our service. During the last summer, the first regiment of dragoons made extensive excursions through the Indian country on our borders, a part of them advancing nearly to the possessions of the Hudson's Bay Company in the north, and a part as far as the South Pass of the Rocky Mountains, and the head waters of the tributary streams of the Colorado of the West. The exhibition of this military force among the Indian tribes in those distant regions, and the councils held with them by the commanders of the expeditions, it is believed, will have a salutary influence in restraining them from hostiUties among themselves, and maintaining friendly relations between them and the United States. An interesting account of one of these excursions accompanies the report of the Secretary of War. Under the directions of the War Department, Brevet Captain Fremont, of the corps of topographical engineers, has been employed since 1842 in exploring the country west of the Mississippi, and beyond the Rocky Mountains. Two expeditions have already been brought to a close, and the re- ports of that scientific and enterprising officer have furnished much interesting and valuable information. He is now en- gaged in a third expedition ; but it is not expected that this arduous service will be completed in season to enable me to communicate the result to Congress at the present session. Our relations with the Indian tribes are of a favorable char- acter. The policy of removing them to a country designed 1845.] FIRST ANNUAL MESSAGE. 205 for theii- permanent residence west of tlie Mississippi, and without the hmits of the organized States and territories, is better appreciated by them than it was a few years ago ; while education is now attended to, and tlie habits of civil- ized life are gaining ground among them. Serious difficulties of long standing continue to distract the several parties into which the Cherokees are unhappily di- vided. The eflforts of the government to adjust the difficul- ties between them have heretofore proved unsuccessful ; and there remains no probability that this desirable object can be accomplished without the aid of further legislation by Con- gress. I will, at an early period of your session, present the subject for your consideration, accompanied with an exposi- tion of the complaints and claims of the several parties into which the nation is divided, with a view to the adoption of such measures by Congress as may enable the Executive to do justice to them respectively, and to put an end, if possible, to the dissensions Avhich have long prevailed, and still prevail, among them. I refer you to the report of the Secretary of the Navy for the present condition of that branch of the national defence, and for grave suggestions, having for their object the increase of its efficiency, and a greater economy in its management. During the past year, the officers and men have performed their duty in a satisfactoi-y manner, 'i'he orders which have been given, have been executed with promptness and fidelity. A larger force than has often formed one S(|uadron under our flag, was readily concentrated in the Gulf of Mexico, and apparently' without unusual effijrt. It is especially to be ob- served, that notwithstanding the union of so considerable a force, no act ^^as committed that even the jealousy of an irri- tated power could construe as an act of aggression ; and that the commander of the squadron, and his officers, in strict conformity to their instructions, holding themselves ever ready for the most active duty, have achieved the still purer glory 206 JAMES KNOX POLK. [1845. of contributing to the preservation of peace. It is believed that at all our foreign stations the honor of our flag has been maintained, and that, generally, our ships of war have been distinguished for their good discipline and order. I am happy to add, that the display of maritime force which was required by the events of the summer, has been made wholly within the usual appropriations for the service of the year ; so that no additional appropriations are required. The commerce of the United States, and with it the navi- gating interest, have steadily and rapidly increased since the organization of our government, until, it is believed, we are ROW second to but one power in the world, and at no distant day Ave sliall probably be inferior to none. Exposed as they must be, it has been a wise policy to afford to these import- ant interests protection with our ships of war, distributed in the great highways of trade throughout the world. For more than thirty years appropriations have been made, and annu- ally expended, for the gradual increase of our naval forces. In peace, our navy performs the important duty of protecting our commerce ; and, in the event of war, will be, as it has been, a most efficient means of defence. The successful use of steam navigation on the ocean has been followed by the introduction of war-steamers in great and increasing numbers into the navies of the principal mari- time powers of the world. A due regard to our own safety and to an efficient protection to our larjxe and increasino* com- merce demands a corresponding increase on our part. No country has greater facilities for the construction of vessels of this description than ours, or can promise itself greater advan- tages from their employment. They are admirably adapted to the protection of our commerce, to the rapid transmission of intelligence, and to the coast defence. In pursuance of the wise policy of a gradual increase of our navy, large sup- plies of live-oak timber, and other materials for ship building, have been collected, and are now under shelter and in a state 1845.] FIRST ANXUAL MESSAGE. 207 of good preservation, while iron steamers can be built with great facility in various parts of the Union. The use of iron as a material, especially in the construction of steamers, which can enter with safety many of the harbors along our coast now inaccessible to vessels of greater draught, and the practicability of constructing them in the interior, strongly recommends that liberal appropriations should be made for this important object. Whatever may have been our policy in the earlier stages of the government, when the nation was in its infancy, our shipping interests and commerce comparatively small, our resources limited, our population sparse, and scarcely extending beyond the limits of the orig- inal thirteen states, that policy must be essentially different now that we have grown from three to more than twenty millions of people, — that our commerce, carried in our own ships, is found in every sea, and that our territorial bounda- ries and settlements have been so greatly expanded. Neither our commerce, nor our long line of coast on the ocean and on the lakes, caru be successfully defended against foreign ag- gression by means of fortifications alone. These are essential at important commercial and military points, but our cliief reliance for this object must be on a well organized, efficient navy. The benefits resulting from such a navy are not con- fined to the Atlantic states. The productions of the interior which seek a market abroad, are directly dependent on the safety and freedom of our commerce. 'J"he occupation of the Balize below New Orleans by a hostile force would embar- rass, if not stagnate, the whole export trade of the Mississip- pi, and affect the valley of the agricultural products of the entire valley of that mighty river and its tributaries. It has never been our policy to maintain large standing armies in time of peace. They are contrary to the genius of our free institutions, would impose heavy burdens on the people, and be dangerous to public liberty. Our reliance for protection and defence on the land must be mainly on our 208 JAMES KNOX POLKo fl845. citizen soldiers, who will be ever ready, as they ever have been ready in times past, to rush with alacrity, at the call of their country, to her defence. This description of force, how- ever, cannot defend our coasts, harbors, and inland seas, nor protect our commerce on the ocean or the lakes. These must be protected by our navy. Considering an increased naval force, and especially of steam vessels, corresponding with our growth and impor- tance as a nation, and proportioned to the increasing naval force of other nations, of vast importance as regards our safety, and the great and growing interests to be protected by it, I recommend the subject to the favorable consideration of Conorress. o The report of the Post Master General herewith commu- nicated, contains a detailed statement of the operations of his department during the past year. It will be seen that the income from postages will fall short of the expenditures for the year between one and two millions of dollars. This de- ficiency has been caused by the reduction of the rates of postage, which was made by the act of the 3d of March last. No principle has been more generally acquiesced in by the people than that this department should sustain itself by lim- iting its expenditures to its income. Congress has never sought to make it a source of revenue for general pm^poses, except for a short period during the last war with Great Brit- ain, nor should it ever become a charge on the general treas- ury. If Congress shall adhere to this principle, as I think they ought, it will be necessary either to curtail the present mail service, so as to reduce the expenditures, or so to mod- ify the act of the third of March last as to improve its reve- nues. The extension of the mail service, and the additional facilities which will be demanded by the rapid extension and increase of population on our western frontier, will not admit of such curtailment as will materially reduce the present ex- penditures. In the adjustment of the tariff of postages, the 1845. J FIRST ANNUAL MESSAGE. 209 interest of tlie people demand that the lowest rates be adopted which will produce the necessary revenue to meet the expend- itures of the department. I invite the attention of Congress to the suggestions of the Post Master General on this subject, under the belief that such a modification of the late law may- be made as will yield sufficient revenue without further calls on the treasury, and with very little change in the present rates of postage. Proper measures have been taken, in pursuance of the act of the third of March last, for the establishment of lines of mail steamers between this and foreign countries. The im- portance of this service commends itself strongly to favorable consideration. With the growth of our country, the public business which devolves on the heads of the several Executive Departments has greatly increased. In some respects, the distribution of duties among them seems to be incongruous, and many of these mio-ht be transferred from one to another with advan- o tage to the public interests. A more auspicious time for the consideration of this subject by Congress, with a view to sys- tem in the organization of the several departments, and a more appropriate division of the public business, will not probably occur. The most important duties of the State Department relate to our foreign affairs. By the great enlargement of the fami- ly of nations, the increase of our commerce, and the corres- ponding extension of our consular system, the business of this department has been greatly increased. In its present or- ganization, many duties of a domestic nature, and consisting of details, are devolved on the Secretary of State, which do not appropriately belong to the foreign department of the government, and may properly be transferred to some othei department. One of these grows out of the present state ol the law concerning the Patent Office, which, a few years since, was a subordinate clerkship, but has become a distinct bureau 210 JAMES KNOX POLK. [1845. of oreat iinportance. With an excellent internal organization, it is still connected with the State Department. In the trans- action of its business, questions of much importance to in- ventors, and to the community, frequently arise, which, by existincr laws, are referred for decision to a board, of which the Secretary of State is a member. These questions are ieo-al, and the connexion which now exists between the State Department and the Patent Office, may, with great propriety and advantage, be transferred to the Attorney- General. In his last annual message to Congress, Mr. Madison in- vited attention to a proper provision for the Attorney-Gen- eral, " as an important improvement in the executive estab- lishment." This recommendation was repeated by some of his successors. The official duties of the Attorney- General have been much increased within a few years, and his office has become one of great importance. His duties may be still further increased with advantage to the public interests. As an executive officer, his residence and constant attention at the seat of government are required. Legal questions in- volving important principles, and laro-e amounts of public mone}^. are constantly referred to him by the President and executive departments for his examination and decision. The public business under his official management before the judi- ciary has been so augmented by the extension of our territo- ry, and the acts of Congress authorizing suits against the United States for large bodies of valuable public lands, as greatly to increase his labors and responsibilities. I therefore recommend that the Attorney-General be placed on the same footing with the heads of the other executive departments, with such suboidinate officers, piovided by law for his de- partment, as may be required to dischai-ge the additional du- ties which have been or may be devolved upon him. Congress possess the power of exclusive legislation over the District of Columbia ; and I commend the interests of its in- habitants to your favorable consideration, 'J'he people of this 1845.] FIRST ANNUAL MESSAGE. 211 District have no legislative body of their own, and must con- fide their local as well as their general interests to represent- atives in whose election they have no voice, and over whose official conduct they have no control. Each member of the Kational Legfislature should consider himself as their imme- diate representative, and should be the more ready to give attention to their interests and wants, because he is not res- ponsible to them. I recommend that a liberal and generous spirit may characterize your measures in relation to them. I shall ever be disposed to show a proper regard for their wishes ; and, within constitutional limits, shall at all times cheerfully cooperate with you for the advancement of their welfare. I trust it may not be deemed inappropriate to the occasion for me to dwell for a moment on the memory of the most eminent citizen of our country, who, during the summer that is gone by, has descended to the tomb. The enjoyment of contemplating, at the advanced age of near fourscore years, the happy condition of his country, cheered the last hours of Andrew Jackson, who departed this life in the tranquil hope of a blessed immortality. His death was happy, as his life had been eminently useful. He had an unfaltering confidence in the virtue and capacity of the people, and in the perma- nence of that free government which he had largely contrib- uted to establish and defend. His great deeds had secured to him the affections of his fellow-citizens, and it was his happi- ness to witness the growth and glory of his country, which he loved so well. He departed amidst the benedictions of mill- ions of freemen. The nation paid its tribute to his memory at his tomb. Coming generations will learn from his example the love of country and the rights of man. In his language on a similar occasion to the present, " I now commend you, fellow-citizens, to the guidance of Almighty God, with a full reliance on His merciful providence for the maintenance of our free institutions ; and with an earnest supphcation, that, 212 JAMES KNOX POLK, [1845* whatever errors it may he my lot to commit in discharging- the arduous duties which have devolved on me, will find a remedy in the harmony and wisdom of your counsels." From the inaugural address, and the first annual mes- sage of President Polk, the reader v/ill be able to form a pretty correct idea of the condition of the country with reference both to its domestic and its foreign relations, and of the views and principles which he laid down, at the outset, for his guidance in administering the govern- ment ; and I have thought proper to insert these papers here, in order that his position might be defined in his own language, — thus shoAving more clearly his apprecia- tion and understanding of that position « It is not within the scope or compass of this work, to present a detailed history of his administration. I pro- pose, in the first place, to consider the more prominent and important events connected vfith the foreign relations of the American government at this period, — as the Ore- gon question, and the war with Mexico, — and then to present a succinct account or review of his administra- tion. First in the order of time is the Oregon question* Prior to the year 1819, thei-e were three claimants to Oregon, — Great Britain, Spain, and the United State?.. The first at no time claimed the exclusive sovereignty over the territory to which there were so many conflict- ing titles ; but Spain and the United States had each maintained an exclusive right, though the former, prob- ably on account of the protracted war in Europe and her subsequent contests with her revolted colonies in South America, had not supported her pretensions by making 1845-6. J THE OREGON QUESTION. 213 settlements, or by permanently occupying the country. Yet Spain always claimed the sovereignty over the whole northwest coast of America, up to the year 1819, by con- tiguity, which is the right of one nation to prevent others from occupying contiguous territory, Tvhen the command of it is essential to her security or convenience. Aside from this, the Spanish title was founded upon original discoveries, and it must be conceded to have been better fortified in this respect, than either of the other titles. J The first navigator who ever ascended as high as the 43° N. latitude, on the northwestern coast of America, was Ferrelo, a pilot in the service of Spain, who reached that parallel in 1543 ; and in the year 1592, Juan de Fuca, a Greek, also in the Spanish service, discovered and sailed through the strait now bearing his name. For many years the voyage of Fuca was considered fabulous, because repeated efibrts were made, without success, to find the straits which he described ; but it was afterwards ascertained that his account corresponded with the geo- graphical features of the adjacent country, as settled by the explorations and examinations of subsequent navi- gators. For nearly two centuries the northwest coast of Amer- ica remained unvisited. In 1774, Bucareli, the viceroy of Mexico, commissioned Juan Perez to proceed, in a Spanish corvette called the Santiago, to the sixtieth de- gree of north latitude, and from that point to make a careful examination of the coast down to Mexico. Perez landed for the first time, on the northwest coast of Queen Charlotte's Island, near latitude 54° N. ; he then coasted along the shore of that island, and the great island of 214 JAMES KNOX POLK. [1845-6. Quadra and Vancouver, and thence along the main land to Monterey, in California. He went on shore several times, and at different places, and held intercourse with the natives. He Avas the first European navigator that visited Nootka Sound, in 49° 30' N. latitude ; he anchored here on the 9th of August, 1774, and called it the port of San Lorenzo.* In the following year, Bucareli again fitted out the Santiago, and placed it under the command of Bruno He- ceta, with Perez as his ensign ; and also a schooner called the Sonora, which was commanded by Juande la Bodega y Quadra. These officers were commissioned to examine the northwestern coast of America, as high as 65° N. lat- itude. They landed at various places on the coast, be- tween the 41st and 57jth parallels, and on every occasion took possession in the name of their sovereign, according to a prescribed regulation ; they observed all the usual formalities, celebrated mass, read declarations asserting the right of Spain, and erected crosses, with suitable in- scriptions, some of which were afterwards found by the English navigators. Heceta undoubtedly saw the mouth of the Columbia in 1775, which he called the Entrada de Heceta. From the currents and eddies, he supposed he had discovered the mouth of a large stream, and after his return to Mexico, it was named the Rio de San Roque ; but he was inclined to the opinion that it was the opening of the Straits of Fuca. Quadra, in his expedition, ob- tained the bearings of the whole coast from the 27° to the 58° of north latitude.! * Humboldt's New Spain, (Black's Translation) vol. ii., p. 316, et seq. t Humboldt, ibid., ubi supra. 1845-6.] ENGLISH NAVIGATORS. 215 By virtue of these discoveries, Spain laid exclusive claim to the northwestern coast of America, which she never sur- rendered, either directly or indirectly, until the Conven- tion of the Escurial, commonly called the Nootka Sound Convention, which was concluded in 1790, through the mediation of France. Pending the negotiations which preceded this Convention, the Spanish embassador at Paris, Count Fernan de Nunez, in a communication ad- dressed to M. de Montmorin, the Secretary of the Foreign department of France, on the 16th of June, 1790, insisted that " by the treaties, demarkations, takings of posses- sion, and the most decided acts of sovereignty exercised by the Spaniards in those stations, from the reign of Charles II., and authorized by that monarch in 1692," all the coast of Northwestern America, " on the side of the South Sea [Pacific], as far as beyond what is called Prince William's Sound, which is in the 61st degree," belonged exclusively to Spain. In 1579-80, Sir Francis Drake, in cruising along the western coast of America, for the sole purpose, as avowed by his biographers, of plundering the Spaniards, ascended as high as the 43d or 48th parallel. Fleurieu, in his introduction to Marchand, asserts that Drake sailed as far north as 48^, *' yet Hakluyt, who wrote almost at the time that Drake flourished, informs us, that he got no higher than 43, having put back at that point, from the ^ extreme cold.' "* England made no use of Drake's discovery, though her ministers were at one time inclined to go back to it to support their title ; and in 1845, her * Rush's Residence at the Court of London, p. 606. 216 JAMES KNOX POLK. [1845. embassador at Washington, Mr. Pakenham, deliberately abandoned all the discoveries of England north of the 42d degree, prior to those of Captain Cook, " as not suf- ficiently authenticated,"* Captain Cook sailed from England in 1776, to dis- cover, if possible, the northwest passage supposed to connect the Atlantic and Pacific oceans. The Spanish discoveries on the northwestern coast of America had already been made public, and he admits in his journal that he had heard of them. In 1778, he saw Cape Flat- tery, but he did not know it was the southern extremity of the Straits of Juan de Fuca, and he never landed any- where on the continent south of Nootka Sound. After leaving Nootka, he did not touch the coast again till he reached 57° N. latitude. Such, and so unimportant, were the discoveries of Cook, Yet they constituted the <;orner-stone of the English title, and we cannot wonder that a most frail superstructure was reared, on a founda- tion so unsubstantial. Another link, still more defective, in the English title, was the discovery of the Straits of Fuca by Captain Berkeley, a British subject, in 1787. But Juan de Fuca had seen them, and sailed through them, nearly two hun- dred years before ; and besides, Captain Berkeley was in the employment of Austria, and sailed under her colors. After the death of Captain Cook, his vessels sailed for Canton, where the furs which they had procured on the northwest coast of America, were disposed of to great ad- vantage. Attracted by the hope of gain, Lieutenant * Communication of Mr. Pakenham to Mr. Buchanan, July 29, 1845. 1845-6. j KOOTKA SOUND CONVENTION. 217 MeareSj a British officer, sailed from Macao, with a few companions, in 1788, on a strictly mercantile expedition, and under the Portuguese flag. He attempted to find the Rio de San Roque, or Columbia River, as it was in a few years called ; but after considerable examination^ he denied the existence of the stream, and named the northern cape of the bay at its mouth. Cape Disappoint- ment. He established himself and his companions at Nootka Sound, and commenced trading with the Indians for furs. When the Viceroy of Mexico heard of his pro- ceedings, he dispatched Martinez, a Spanish officer, with three armed vessels, with orders to drive oflf the intrud- ers. This was done in May, 1789. Martinez seized Meares' vessels and took his men prisoners ; and he also erected a fort at Nootka. Spain then demanded satisfaction for this intrusion upon her possessions, and England met the demand by a claim for redress for the injury to Meares and his prop- erty. After some display of warlike preparations, through the mediation of France, the two governments united in the Convention of the Escurial, or the Nootka Sound Convention, which was concluded on the 28th of October, 1790. By this convention it was stipulated, that the buildings and tracts of land of which Meares had been dispossessed, should be restored ; that the respect- ive subjects of England and Spain should not be disturbed in navigating or fishing in the Pacific or in the South Seas, or in landing on the coast of those seas in places not already occupied, for the purpose of commerce with the natives, or of making settlement there ; and that in all places on the coast north of 38°, wherever the subjects 10 218 JAMES KNOX POLK. [1845-6. of either nation should thereafter make settlements, the subjects of the other were to have free access.* Viewed in connection with the origin of the difficulty between England and Spain, which was settled by the Nootka Convention, the object of that agreement was ob- vious. England desired to protect her subjects engaged in the fur trade, and the settlements referred to were cer- tainly nothing more than trading posts or establishments. She made no claim of sovereignty over the territory, nor did Spain on the other hand yield any rights which she had acquired by her prior discoveries. Immediately after the conclusion of the Nootka Con- vention, Captain Vancouver was dispatched by the British government, to receive the surrender of the buildings and tracts of land of which Meares and his companions had been dispossessed. A hut was offered to him which he refused to take, and he then left Nootka Sound in the possession of the Spaniards, who remained there till 1795, when they voluntarily abandoned the place. There is no evidence that any lands were ever restored to Meares ; Vancouver makes no mention of it in his jour- nal ; and the presumption is strong, therefore, against it. One thing is certain, however, — that the British never again reoccupied Nootka Sound, until the Oregon question was finally settled. Additional instructions were given to Captain Van- couver, to survey the northwest coast of America, under which he subsequently performed the ridiculous farce of taking possession of it in the name of his government. He sailed round Vancouver's Island, to which, by an * Articles 1, 8, 5. 1845-6. J CAPTAIN VANCOUVER. 219 understanding with the Spanish navigator, the joint name of " Quadra and Vancouver" was given. He took pos- session, in the first place, of the coast from latitude 39° 20' N. to the straits of Fuca, and afterward, from the straits to the 59th parallel. This assumption of sover- eignty was totally inconsistent with the Nootka Sound Convention ; and its absurdity was so manifest, that when Mexico extended her settlements into the territory on the south, and Russia on the north, England uttered not a word of complaint. While Vancouver was upon the coast, he encountered Captain Robert Gray, an American trader, on the 29th of April, 1792, who informed him that he (Gray) had discovered the mouth of a large river, to which he had given the name of his vessel, the Columbia, but was unable to enter it. Vancouver disbelieved the account he heard, but Gray returned to the river and succeeded in entering it. Subsequent to this, Vancouver obtained copies of Gray's charts, at Nootka Sound, by the aid of which he found the mouth of the Columbia, and sent Lieutenant Broughton to explore it, who went up to the rapids, about one hundred miles, in his cutter. There is one important fact connected with the dis- coveries on the northwest coast of America, which shows the weakness of the claims of Great Britain, and the efforts of her navigators to eke out their title by infer- ence and presumption. Wherever they found that a Spanish name had been given to a place, they were ex- tremely careful to substitute an English one, in accord- ance with the custom, says M. de Mofras, " of British navigators, who never fail to substitute English names for 226 JAMES KNOX POLK. fl845. those previously given by discoverers belonging to other nations."* Thus the name of New Albion was given to California ; and thus Cook changed Cape Blanco to Cape Gregory, and the port of San Lorenzo to King George's Sound, — and Vancouver, Cape Diligencias to Cape Oxford, and the Canal of Rosario to the Gulf of Georgia. But whatever rights England nsight have acquired in Oregon, under the Nootka Sound Convention, the war between her and Spain, in 1796, terminated that con- vention, and it was never again revived, as it could not have been without an express agreement entered into be- tween the original parties. By the additional articles to the treaty of Madrid, concluded in August, 1814, it was indeed provided, that, pending the negotiation of a new treaty of commerce. Great Britain should be admitted to trade with Spain upon the same conditions as those which existed previously to 1796, — all preexisting treaties of commerce being ratified and confirmed. The Nootka Convention, however, was not a commercial one ; it was simply a reciprocal agreement not to interfere in trading wdth the Indians for furs ; and it was not therefore re- vived. Furthermore, the stipulation in the additional articles had reference only to the direct trade with Spain ; for that government never conceded the privilege of trading with her colonies, except in a single instance, which was soon abrogated ; and this position is conclu- sively established by the fact, that in this very treaty of 1814, Great Britain procured the insertion of a provision, * Exploration du Territoire de I'Oregon, des Californies, etc., torn, ii., p. 138. 1845-6.] THE ENGLISH CLAIM. 221 that if the colonial possessions of Spain were opened to foreign nations, she should be placed on a footing with the most favored countries. So weak was the title based upon the Nootka Conven- tion, that the British Commissioners in 1818 never even referred to it, or claimed any rights whatsoever under it ; yet, in 1826, the negotiators, Messrs. Huskisson and Addington, rested the English claim mainly upon this Convention, which had been terminated by the war of 1796, and never revived. In addition to the discoveries alleged to have been made by sea, England based her title partly on those made overland. In 1793, Sir Alexander Mackenzie, being then in the employ of the North-west Company, discovered Frazer's river, and descended it for two hun- dred and fifty miles ; he then struck off to the west, and reached the Pacific ocean in latitude 52° 20'. But it must be remembered, that the Nootka Sound Convention was at this time in full force, and that Mackenzie was in the service of a fur company, and looking for favorable points at which to open a trade with the Indians, as English subjects were authorized to do by that Conven- tion. In 1806, Frazer, a partner of the North-west Company, established a trading post on a small lake, called Frazer's lake, near the 54th parallel ; but he never approached the branches of the Columbia river, and never saw it till after Astoria was established. v» Frazer's post was the first permanent establishment ever made by the North-west Company, or by British sub- jects, west of the Rocky Mountains.* In 1811, a per- ♦ Harmon's Journal of Voyages find Travels. 222 JAMES KNOX POLK. [1845-6. son by the name of Thompson, the astronomer of the North-west Company, in an unsuccessful attempt to an- ticipate Mr. Astor in establishing a post at the mouth of the Columbia, discovered the main northern branch of that stream, and erected some huts on its banks. Mr. Astor subsequently transferred his establishment to the North- west Company ; and the latter was afterward united with the Hudson's Bay Company. This last company had two establishments in Oregon — one at Vancouver, on the Columbia river, and the other at Fort Nisqually, on Puget's Sound — when the boundary question was de- termined. These discoveries, treaties, and settlements, constitu- ted the basis and support of the English claim to Oregon. Contrasted with the Spanish discoveries, those made by the navigators of Great Britain appear paltry and incon- siderable in the extreme ; and in regard to the priority of the former, there cannot be a doubt. But one treaty ever existed, under which England could have derived any title ; this was the Nootka Sound Convention, which, after the war of 1796, had no force or effect. The only establishments or settlements made by British subjects, were so made, either under the Nootka Sound Convention, or by the North-west and Hudson's Bay Companies. The settlements made by those companies were never consid- ered as national possessions. On the contrary, the Hud- son's Bay Company, which succeeded to the rights of both, was not authorized by the act of parliament under which its charter was granted,* nor by the charter itself, to make permanent settlements of a national character, * 1 and 2 George IV., cap. 66. 1845-6. J THE AMERICAN TITLE. 223 \o grant lands or to hold them ; but only to enjoy the right of trading with the Indians, to the exclusion of other British subjects.* If, therefore, Spain failed to support her rights acquired by prior discovery, by occupancy ■within a reasonable time, England, on the other hand, did not secure " the real possession'' soon after discovery, ne- cessary to have her sovereignty acknowledged by the law of nations.! /' The American title Avas based on discovery, treaty, settlement, and continuity. For several years prior to 1792, Robert Gray, of Boston, the captain of a merchant vessel sailing under the American flag, was employed in trading with the Indians on the northwest coast of Ameri- ca . He landed and made discoveries and explorations at various points. In Juno, 1789, he explored the whole eastern coast of Queen Charlotte's Island. In the au- tumn of that year, Capt. John Kendrick, also an Ameri- can, sailed through the Straits of Fuca. Early in 1791, Gray returned to the northern Pacific in the ship Colum- bia, and in the course of the ensuing summer, he examin- ed many inlets and passages between 54^ and c>Q° north latitude. In April, 1792, he satisfied himself of the ex- istence of the great river to which he gave the name of his vessel. After his interview with Vancouver, he dis- covered Bullfincirs harbor, on the 7th of May, 1792 ; and on the 11th instant, he again saw the mighty Colum- bia rolling its broad flood of waters into the Pacific. He succeeded in entering the mouth of the river, and was the first white navigator that ever crossed the bar. * Hudson's Bay Company Charters — House of Commons, No. 547, 1842. fVattel, Booki.. cap. 18. 224 JAMES KNOX POLK. [1845-6. This he accomplished in safety, \Yith the American flag flying at the mast-head of his vessel. He then sailed up the channel a distance of t\Yenty-five miles, and remain- ed in the stream nine days engaged in trading with the Indians. Capt. Gray, it is true, did not command a na- tional vessel, but he carried the national flag ; and if his discoveries amounted to nothing more, they prevented other nations from acquiring any rights by subsequent discoveries. But an American merchantman, sailing un- der her proper flag, is regarded as a part and parcel of our soil ; an outrage committed on her, in whatsoever clime, is an outrage on the nation ; if she violates a trea- ty or convention with other countries, she is amenable to our laws ; and if she makes discoveries, why should they not enure to the benefit of the country that aflbrds her protection, and to which she owes allegiance ? Upon the discoveries made by Gray, the American government founded their claim to Oregon ; and they in- sisted, more particularly, on their title to the territory drained by the Columbia, the existence of which he was the first positively to establish. This territory extends from about the 42^ to the 53^ N. latitude. The right to a country thus drained by a river, on the discovery of its mouth, had been previously claimed by England and France, on various occasions.* In 1803, the American claim was strengthened by the purchase of Louisiana from France. The boundaries of this purchase, so far as Spain was concerned, were some- * Charters of Elizabeth to Sir Humphrey Gilbert in 1578, and to Sir Walter Raleigh in 1584 ; of James I. to Sir Thomas Gates, in 1606 and 1607 ; Georgia Charter, 1732 ; and charter of Louis XIV, to Crozat, 1712. 1845-6. j OVERLAND DISCOVERY, ETC. 225 what indefinite ; but bj the treaty of 1763, between Eng- land and France, under which the former now holds her Canadian possessions, it was agreed that for the future, the confines between the British and French dominions in that part of the world, should " be fixed irrevocably by a line drawn .along the middle of the river Mississippi, from its source to the river Iberville, and from thence by a line draAvn along the middle of this river, and the lakes Maurepas and Pontchar train, to the sea." By this trea- ty. Great Britain surrendered all claim and title to the territory lying between the Mississippi and the Pacific, and south of its source, or the 49th parallel ; and when the United States acquired the rights of France, in 1803, they had a complete title by continuity, if not otherwise, as against any country except Spain, to that territory, — that is, as against England, they had a right to extend themselves to the Pacific ocean. This title by continui- ty was no mere assumption. It has repeatedly been as- serted on the discovery of new countries ; at the time of the colonization of North America, it was insisted that a settlement on the Atlantic coast gave a claim across the continent ; and the enlarged charter of the first colony of Virginia granted the territory from sea to sea. Overland discoveries were also made by the American government. In 1804-5, Lewis and Clarke, under the orders of President Jefferson, explored the Columbia river from its sources to its mouth, — thus strengthening the claim derived from tlie discovery of the river by Gray, and confirming the title by continuity. Previous to 1810, Mr. Henry, an agent of the Missouri Fur Company, established a trading post on the bank of Lewis river, 9* 226 JAMES KNOX POLK. [1845-6. but was compelled to abandon it, on account of the hos- tility of the Indians, and the want of provisions. In the month of March, 1811, Astoria was founded near the mouth of the Columbia, by John Jacob Astor, of New York, who built a small fort there for the protection of the settlement. Other trading posts for procuring furs were shortly after established along the banks of the river, for six hundred and fifty miles above its mouth. Fearing for the safety of the property of the American Fur Com- pany, on account of the war with Great Britain, and the encroachments of the North-west Company, Mr. Astor transferred it to the latter, by sale, on the 16th of Octo- ber, 1813. This transfer embraced private property only, and conveyed no title to land or jurisdiction. The American flag was kept flying on the fort till the 1st of December, 1813, when the place surrendered to a British sloop-of-war. The British standard was then hoisted ; and this was the first act of occupancy, by authority, on the part of Great Britain. The post, called by the Brit- ish Fort George, was restored to the United States under the treaty of Ghent, when the English flag was struck, and the stars and stripes once more unfurled in its stead. This certainly was an exercise of sovereignty on the part of the American government, and an acknowledgment of it by England, although it was afterward claimed by the latter, that she had only given up the possession, but had reserved the question of title. Astoria was subsequently abandoned by the Ameri- cans ; but a number of missionary and other settlements were made in Oregon at a later day, by Am.erican citi- zens, acd j^iider the auspices, and with the consent, of 1845-6. J TREATIES WITH RUSSIA. 22T their government ; and in the year 1845, there were from one thousand to fifteen hundred of that class of inhabit- ants residing in the territory, while of British subjects there were less than five hundred. Previous to this time, the American claim had been completed by the acquisition of all the rights of Spain above the 42d parallel, which were conveyed to the United States by the Florida treaty, in 1819. Thus had the latter inherited all the claims of France and Spain, and superadded them to her own. Conflicting as these diflferent titles may appear, in some respects, a third party, like England, had no right to complain. If the American title, previous to 1819, was not good against the prior discoveries of Spain and her claim by contigu- ity, this gave England no right to dispute the titles when united.* While other nations were laying the foundation for future claims to sovereignty on the northwest coast of Americn, Russian navigators and traders had also made discoveries and settlements in northern Oregon. Colli- sions being likely to occur with Russia, an effort was made to conclude a joint convention with England and the United States. The effort failed, and each govern- ment treated separately. In 1824, the United States stipulated with Russia, that the latter should confine her * For the history of the Oregon question and negotiations, see Greenhow's History of Oregon and California, and Memoir on the Northwest Coast of North America ; Falconer on the Discovery of the Mississippi and on the Southwestern, Oregon, and Northern Boundary of the United States ; Dunn's History of the Oregon Territory ; Rush's Residence at the Court of London; Doc. 199— 1st session 20th Congress ; and Documents accom- panying the President's annual message, December, 1845, 228 JAMES KNOX POLK. [1845-6. settlements to the north of 54° 40', and in 1825 England and Russia established the same boundary line between their dominions. Various unsuccessful efforts were made by England and the United States, subsequent to the war of 1812, to determine their respective rights in the Oregon territory. In 1818, the American government proposed to divide the country by the 49th parallel, and England asked the Columbia river as the boundary west of the point at which the 49th parallel intersected that stream. As neither party was inclined to yield, a convention was en- tered into on the 20th of October, 1818, by which it was agreed that the whole country should " be free and open for the term of ten years " from the date thereof, " to the vessels, citizens, and subjects, of the two powers," without prejudice to the claim of either of the contracting parties.* In 1824, similar propositions for a settlement of the question by the partition of the territory were made, but again rejected. In 1826, Mr. Gallatin, the American minister at the Court of St. James, proposed a modification of the offer made in 1818, and repeated in 1824, — that the 49th parallel should be adopted as the boundary, subject to deviations according to the accidents of the country, and if that line crossed any navigable tributaries of the Co- lumbia, then the navigation of such tributaries, and of the main river, should be open to British subjects. Messrs. Huskisson and Addington, the English negotiat- ors, adhered to the Columbia as the general boundary, but offered to the United States a detached peninsula, * Article 3rd. 1845-6. J NEGOTIATIONS. 229 bounded on the south bj a line to be drawn from Hood's inlet, or canal, to Bullfinch's harbor, on the east bj the inlet, on the north by the Straits of Fuca, and on the west bj the Pacific ocean, — thus giving up the southern coast of the straits and several of the best harbors with- in them ; and they proposed further, that a strip of land, along the northern bank of the Columbia, should remain neutral. Mr. Gallatin refused to make any greater con- cession than he had offered, and the negotiation terminated for the time in the convention of August 6th, 1827, by which the third article of the convention of 1818 was indefinitely extended, and continued in force, subject to the proviso, that either government might annul and ab- rogate the convention, at any time after the 20th of October, 1828, on giving due notice of twelve months to the other contracting party.* During these negotiations, and up to the final arrange- ment, the British government, through her ministers and representatives, never claimed the exclusive sovereignty, but denied that it belonged to the United States, and in- sisted only on her right of joint occupancy and settlement, predicating it, after the attempt to negotiate in 1818, on the Nootka Sound Convention. At the time of the negotiation of the treaty of Wash- ington, in 1842, the Oregon question was not considered or brought forward by Lord Ashburton, the representa- tive of Great Britain, lest it might impede the settlement of the northeastern boundary-! Meanwhile Oregon was being rapidly populated by American citizens, many of ♦ Doc. 199— 1st session, 20th Congress. t Dispatch of Lord Aberdeen to Mr. Fox, October 18, 1842. 230 JAMES KNOX POLK. [1845-6. them the friends and relatives of the inhabitants of the western states. In that section of the Union, therefore, loud and frequent complaints were heard at the neglect of the American negotiator, Mr. Webster, to insist upon the settlement of both questions ; while at the north it was said, that he had been outwitted bj Lord Ashburton, and had unnecessarily sacrificed a portion of the territory of Maine. The democratic party generally advocated giving the notice to Great Britain provided for by the Convention of 1827. In the 28th Congress efforts were made to procure the passage of a resolution requiring the notice to be given, but they failed of success. The Baltimore Convention, as has been seen, resolved that the American title to the whole of Oregon was *' clear and unquestionable," and that its reoccupation was a measure eminently worthy of support. Mr. Polk was pledged to maintain this resolution ; but only so far as comported with the general sentiment of the nation, and as was required by a due regard for the preservation of the national honor and dignity. His individual opin- ions accorded with the resolution. In a speech deliver- ed in the House of Representatives on the 29 th of December, 1828, he defended the American claim to 54° 40' ; and in his letter accepting the Baltimore nomination, in his inaugural address, and in his first an- nual message, he asserted, in unequivocal terms, his firm conviction, that the title to Oregon was indisputable. In his opinion. Great Britain was precluded, by the treaty of 1763, fi^pra asserting a claim to any territory west of the Mississippi and south of the 49th parallel, if any she had previously had ; and by the Spanish and American 1845-6.] AMERICAN ULTIMATUM. 231 discoveries, and the treaty of 1819, the American govern- ment had acquired a perfect and absolute right of sover- eignty over the whole territory as limited on the north by the convention with Russia. But when he assumed the administration of the govern- ment, he found that his predecessor, in deference to the expressions of the popular will, had opened a negotiation with the British government for the adjustment of the Oregon question. This negotiation was commenced and conducted, as appears by the first protocol, dated on the 23d of August, 1844, " with a view to establish a per- manent boundary between the two countries, westward of the Rocky Mountains, to the Pacific ocean."* The ne- gotiation thus opened by Mr. Calhoun, Secretary of State under Mr. Tjder, was continued on the part of the Ameri- can government by Mr. Buchanan. Had the question been a new one, Mr. Polk would have promptly insisted on the American title to the whole of Oregon, but as those who had preceded him in the executive chair had repeat- edly offered to compromise, and as the avowed object of this negotiation was to fix upon a boundary, he instruct- ed Mr. Buchanan to propose that the Oregon territory should be divided between the two governments by the 49th parallel, offering at the same time to make free to Great Britain any port or ports on Vancouver's Island south of that parallel which she might desire. This was the ultimatum of the American government, and it was not intended to vary from it, except that slight deviations required by the geographical character of the country might be made. * Documents accompanying the President's Annual Message, Dec, 1845, 232 JAMES KNOX POLK. fl845-6. Mr. Buchanan communicated the proposition directed to be made by the President, to Mr. Pakenham, the British negotiator, on the 12th of July, 1845. Without consulting his government, the latter rejected the propo- sition on the 29th instant, and offered to submit the ques- tion to arbitration. On the 30th of August, Mr. Bucha- nan replied to Mr. Pakenham, in a masterly communi- cation, conclusively establishing the American title to the territory, declining to arbitrate a question so clear, with- drawing the offer to compromise, and insisting on the claim to the parallel of 54° 40' . * Congress now assembled, and the President laid the Oregon correspondence before that body in connection with his annual message, with the recommendation that a resolution should be passed giving notice of the termina- tion of the joint occupation of the territory, at the expi- ration of one year, in accordance with the convention of 182T. Resolutions were accordingly passed in both Houses directing the notice to be given, — in the House, by a vote of 163 to 54, the venerable John Quincy Adams heading the list of the majority ; and in the Senate, by a vote of 38 to 14. The House resolution directed the President to cause the notice to be given, but that of the Senate merely authorized him to give the notice, at his discretion. A disagreement thus existing, committees of conference were appointed, and the resolution of the Sen- ate, substantially, was finally adopted. The President promptly caused the notice to be given. From this time the question assumed a more serious aspect, and it appeared highly probable that a collision * Documents accompanying the President's Annual Message, Dec, 1845. 1845-6.] CONCLUSION OF THE TREATY. 233 would take place between the two governments. The British ministry, however, were assured bj the tone and temper of the debates in Congress, and bj advices from private individuals, that the American people would pre- sent a united front, if war should come, in defence of their claim to Oregon ; and that, if they desired to compromise the question, further propositions must come from them, and must be made without delay. Influenced by these considerations, on the 18th of May, 184G, Lord Aberdeen, the British Secretary for Foreign Affairs, instructed Mr. Pakenham to propose, that the northern boundary line should be continued westward from the Rocky Mountains, along the 49th parallel to the channel separating the con- tinent from Vancouver's Island, and then through the middle of the channel, and of the straits of Fuca, to the Pacific ocean ; with the proviso that the navigation of the channel and straits, south of the 49th parallel, should re- main free and open to both parties ; and with the further stipulation, that the main northern branch of the Colum- bia, and the main river itself, should be free and open to the Hudson's Bay Company, and to all British subjects trading with them. This proposition was duly submitted to the iVmerican government on the 6th of June following. So thoroughly convinced was Mr. Polk, that the Amer- ican title to the Avhole of Oregon was " clear and unques- tionable," that if he alone had been responsible, he would have instantly declined to surrender any portion of the territory. But by former negotiations the government appeared to be committed to an equitable division, and a decided majority of Congress were avowedly favor- able to a compromise. There was, too, a new considera- 234 JAMES KNOX POLK. fl845-6. tlon connected wltli the question, — -one of policy and ex- pediency, motives which always have, and which always should, with some limitations, control the action of na- tions and individuals. — Upper Oregon and the island of Vancouver were comparatively valueless, except for the excellent harbors within the straits of Fuca, which were the only safe and easily accessible ones in the whole ter- ritory. Tliose on the southern shore of the straits were, indeed, to belonf: to the United States under the British proposition ; but war now existed with Mexico, and as that country was largely indebted to American citizens, and w^as confessedly bankrupt, Mr. Polk, as a wise and sao;acious statesman, could not but have foreseen that the contest would terminate in the acquisition, as a satisfac- tion for the American claims and the expenses of the war, of a large portion of contiguous territory, in which was embraced the bay of San Francisco, the finest har- bor on the Pacific coast. Acting therefore in conformity to the example of Washington with respect to the Jay treaty, Mr. Polk submitted the proposition of Great Britain to the Senate, as being composed of his constitutional advisers in the conclusion of treaties with foreign powers. He stated, at the same time, that his individual opinion was in favor of supporting the American claim to the whole of Ore- gon ; and that if the Senate did not advise the acceptance of the proposition, by the constitutional majority required for the ratification of treaties, he should consider it his duty to reject the ofier."^ The Senate by a vote of 41 to 14, advised the accept- * Special Message and Accompanying Documents, June 10, 1846. 1845-6.] CONCLUSION OF THE TREATY. 235 ance of the terms proposed by the British government, on the 12th of June, 1846, with the understanding, as officially stated by Mr. Buchanan to Mr. Pakenham, prior to the conclusion of the treaty, that the right of the Hudson's Bay Company to navigate the Columbia would expire with their license to trade on the northwest coast of America, on the 30th of May, 1859.* The treaty prepared in accordance with the proposition of Mr. Pak- enham, was then signed by him and Mr. Buchanan on the 15th day of June, and duly ratified. Thus, by the firm determination of Mr. Polk, was this vexed question, which at one time threatened to in- terrupt the friendly relations subsisting between two nations united by the sympathies of a common origin and a common tongue, forever settled in a spirit of amity and concord ; each party magnanimously surrendering a part of its pretensions, — the United States yielding the south- ern cape of Vancouver, and the territory above the 49th parallel, which she had repeatedly proposed to adopt as the boundary, and Great Britain giving up her claim to the jurisdiction and unoccupied territory between the 49th parallel and the Columbia river. ♦ Dispatch of :\Ir. Buchanan to Mr. McLanc, June 13, 1846. CHAPTER IX, Opposition of Mexico to the Annexation of Texas — The Question of Boun- dary — American troops ordered to Texas — Attempt to Negotiate — Re- fusal to receive a Minister — Advance of General Taylor to the Rio Grande — Commencement of Hostilities — Incidents of the war — Repeated efforts to open negotiations— The Armistice— Treaty of Peace. The "joint resolution providing for tlie annexation of Texas to the United States," embraced two propositions, — the one providing for the immediate annexation, and the other, of an alternative character, contemplating a new negotiation with the republic of Texas, if the President deemed it the most advisable. RESOLUTION OF ANNEXATION. " Resolved hy the Senate and House of Representatives of the United States of America in Congress assembled. That Congress doth consent that the territory properly included within, and rightfully belonging to, the Republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the people of said Ptepublic, by deputies in convention as- sembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union. "2. Ayid he it further resolved, That the foregoing consent of Congress is given upon the following conditions, and with the following guaranties, to wit : First, said State to be formed subject to the adjustment by this government of all questions 1845-8.] RESOLUTION OF ANNEXATION. 237 of boundary that may arise with other governments ; and the constitution thereof, with the proper evidence of its adoption by the people of said Repubhc of Texas, shall be transmitted to the President of the United States, to be laid before Con- gress for its final action, on or before the first day of January, one thousand eight hundred and forty-six. Second, said State, when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy yards, docks, magazines, arms, armaments, and all other property and means pertaining to the public defence, belonging to said Republic of Texas, shall retain all the public funds, debts, taxes, and dues of every kind, which may belong to, or be due and owing said Repub- lic ; and shall also retain all the vacant and unappropriated lands lying within its limits, to be apphed to the payment of the debts and liabilities of said Republic of Texas ; and the residue of said lands, after discharging said debts and liabili- ties, to be disposed of as said State may direct ; but in no event are said debts and liabilities to become a charge upon the Government of the United States. Third, new States of convenient size, not exceeding four in number, in addition to said State of Texas, and having sufficient population, mav hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution. And such States as may be formed out of that portion of said territory lyino- south of thirty-six degrees thirty minutes north latitude, com- monly known as the Missouri compromise line, shall be ad- mitted into the Union with or without slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory north of said Missouri compromise line, slavery or involuntary ser- vitude (except for crime) shall be prohibited. "8. And be it further resolved, That if the President of the United States shall, in his judgment and discretion, deem 238 JAMES KNOX POLK. [1845-8. it most advisable, instead of proceeding to submit the forego- ing resolution to the Republic of Texas as an overture on the part of the United States for admission, to negotiate with that Republic, then — " Be it Resolved, That a State, to be formed out of the present Republic of Texas, with suitable extent and bound- aries, and with two representatives in Congress, until the next apportionment of representation, shall be admitted into the Union, by virtue of this act, on an equal fooling with the existino: States, as soon as the terms and conditions of such admission, and the cession of the remaining Texan ter- ritory to the United States, shall be agreed upon by the gov- ernments of Texas and the United States. " And he it further enacted, That the sum of one hundred thousand dollars be, and the same is, hereby appropriated to defray the expenses of missions and negotiations, to agree upon the terms of said admission and cession, either by treaty to be submitted to the Senate, or by articles to be submitted to the two Houses of Congress, as the President may direct." President Tyler elected to submit the first and second sections of the Resolution of Annexation to the authori- ties of Texas, which election was approved by his suc- cessor, and the annexation was completed in conformity thereto. The administration of Mr. Polk, therefore, suc- ceeded to all the liabilities and advantages incurred or secured by the accomplishment of this great measure. The central authorities of Mexico, though possessing no right to complain, by reason of the justifiable resist- ance of Texas when the federal league of 1824 was vio- lently ruptured, and of their inaction for so long a period, did not remain silent while the negotiations for the an- nexation of Texas were in progress, or the act itself be- 1845-8.] RESOLUTION OF ANNEXATION. 239 ing consummated. On the 23d daj of August, 184o5 Mr. de Bocanegra, the Mexican Minister of foreign re- lations, addressed a note to Mr. Thompson, the American Minister in Mexico, caUing his attention officially to the agitation of the question in the United States, and an- nouncing that the Mexican government would consider equivalent to a declaration of war against the Mexican Repubhc, the passage of an act for the incorporation of Texas with the territory of the United States ; the cer- tainty of the fact being sufficient for the immediate proc- lamation of war ; leaving to the civilized workl to de- termine with regard to the justice of the cause of the Mexican nation, in a struggle which it [hadj been so far from provoking. The tone of a portion of the note of Mr. de Bocanegra was so harsh and dictatorial, that it elicited a sharp reproof from Mr. Thompson. A second note was written by the former, in September, which was more subdued in its character, and assured the American Envoy that Mexico did not threaten, still less provoke or excite ; but that she would " regard the annexation of Texas to the United States as a hostile act."* In November of the same year, a similar correspond- ence took place, at Washington, between General Al- monte, the Mexican Minister, and Mr. Upshur, the American Secretary of State ; the former protesting, in an official note written on the od instant, in the name of his gov^ernment, against the annexation, and declaring that on sanction being given by the American Executive to the incorporation of Texas into the United States, he * House of Representatives, Exec. Doc, 2— 1st Session 28th Congress, p. 26, et seq. 240 JAMES KNOX POLK. [1845-8. should consider his mission ended, and that the Mexican government was resolved to declare war so soon as it re- ceived information of such an act.* Two decrees were about the same time issued bj the Mexican govern- ment, — one of them excluding foreigners from the retail trade in Mexico, and the other closing the custom- houses in the northern departments.! The object of these decrees — if not avowed, at least not concealed — was to compel the American shopmen to leave the capital, and to cut off the valuable western trade with New Mex- co and Chihuahua. Mr. Thompson remonstrated against these decrees, but the Mexican authorities positively re- fused to repeal them. The treaty of annexation c'oncluded by Mr. Calhoun was signed on the 12th day of April, 1844. Immediate- ly upon the conclusion of the treaty, Mr. Green, the American Charge d^Jiffaircs in Mexico, by the direction of the Secretary of State, assured the Mexican govern- ment, that it was the desire of the President of the United States to settle all questions between the two countries, that might grow out of the treaty, " or any other cause, on the most liberal and satisfactory terms, including that of boundary ;" and that the boundary of Texas had been purposely left without specification in the treaty, so that it might be " an open question, to be fairly and fully dis- cussed and settled, according to the rights of each, and the mutual interest and security of the two countries.! * Senate Doc. 341, Ist Session. t House of Representatives, Exec. Doc. 2 _/- 1st session 28tli Congress, p. 31, et seq. t Senate !!^o. 341— 1st session 28th Congress, p. 63. 1845-8.] COURSE OF MEXICO. 241 Mr. Thompson having returned home, a new Envoy was subsequently sent to Mexico, with full and adequate powers to enter upon the negotiation. He, also, was in- structed by Mr. Calhoun, on the 10th of September, 1844, " to renew the declaration made to the Mexican Secretary by our charge d'affaires, in announcing the conclusion of the treaty, that the measure was adopted in no spirit of hostility to Mexico, and that, if annexation should be consummated, the United States [would] be prepared to adjust all questions growing out of it, includ- ing that of boundary, on the most liberal terms."* When it became known in Mexico that the treaty had been signed, Mr. de Bocanegra addressed a circular let- ter to the foreign ministers resident in Mexico, dated the 31st of Maj, 1844, in which he pronounced the treaty of annexation, absolutely, " a declaration of war between the two nations." In reply to the assurances of Mr. Green, the Mexican minister repeated his declaration that Mexico would consider the ratification of the treaty as a positive act of war.f The authorities of Mexico were doubtless emboldened to assume this warlike and offensive tone, by the powerful opposition offered to the annexation of Texas in the United States, and they claimed great merit among their people for their bold resistance of what they termed the aggressions of the American govern- ment. Santa Anna, the President of Mexico, took the same ground with Mr. de Bocanegra, in a public announce- * House of Representatives, Exec. Doc. — 2d session 28th Congress — p. 21, et seq. t Ibid., p. 52, et seq. 11 242 JAMES KNOX POLK. [1845-8. ment made on the 12th of June, 1844, and declared it to be the firm determination of Mexico to re-conquer Texas. This announcement was followed by a requisition for thirty thousand men, and four millions of dollars, to car- ry on the war, which, it was threatened, would be one of extermination. Generals Canalizo and Woll were order- ed to the north with an armed force, but accomplished nothing in the way of subjugation. When the annexa- tion resolutions were passed. General Almonte protested against them in his official capacity as the accredited minister of his government, on the 6th of March, 1845, and demanded his passports. These were delivered to him by Mr. Buchanan, who assured him that the govern- ment of the United States was favorably disposed toward Mexico, and was desirous of treating with it in an ami- cable and friendly spirit, for the adjustment and final settlement of all questions in difference between the two countries, including the boundary of Texas. These pa- cific overtures were not regarded, and on the 2d day of April the American Minister in Mexico was refused all intercourse with that government, upon the ground, as stated by the Mexican minister of foreign relations, that the government of Mexico could " not continue diplomatic relations with the United States, upon the presumption that such relations [were] reconcilable with the law " of annexation. President Herrera, the successor of Santa Anna, also issued a proclamation, on the 4th of June, 1845, declaring that the annexation in nowise destroyed the rights of Mexico, and that she would maintain them by force of arms. Two decrees of the Mexican Congress were affixed to tliis proclamation, providing for calling 1845-8. J AMERICAN CLAIMS. 243 out all the armed forces of the nation ; and on the 12th day of July orders were given to the army of the north, then cantoned at San Luis Potosi, to prepare to take the field. Similar orders were issued by General Arista, the commanding officer on the northern frontier, on the 12th day of September, 1845. Mexico, however, was without the means to sustain any considerable body of troops in active service. Torn and distracted by intestine divisions, — her statesmen and pol- iticians directing their whole energies to the advance- ment of private or factious interests, — she presented a continued scene of turbulence, the waves of popular anar- chy sometimes rolling with the fury and madness of the tempest, but never, like the after-tossing of the ocean, subsiding to the happy calm in unison with their repub- lican institutions. There were other causes calculated to heighten the im- bittered feelings cherished by Mexico. The American people had gladly aided her in achieving her independ- ence, and she was angry that she had received favors which had been repaid with ingratitude and insults. During the protracted warfare, too, between Spain and Mexico, and the internal commotions which had disturbed the tranquillity of the latter, vessels sailing under the American flag were plundered, and the property of Amer- ican merchants confiscated, by Mexican authorities. The government of the United States remonstrated against these wanton and illegal seizures and confiscations. ' Mexico was liberal of her promises of redress, but she ; postponed or evaded their fulfilment. Negotiations were 1 opened, but they were characterized on her part by bad 2M JAMES KNOX POLK. [1845-8. faith, prevarication, and delay. She entered into trea- ties without intending to regard them, and therefore vio- lated them without compunction. At length, commissioners were appointed by the two governments respectively, for the adjustment of the claims of American citizens. They met in 1840, and had admitted claims to the amount of over two millions of dollars, in the month of February, 1842, when the com- mission expired, — leaving claims to the amount of about four millions of dollars undecided. The sum acknowl- edged and awarded to the American claimants, was ad- mitted to be due by Mexico, and at her request, and for her accommodation, the payment thereof was postponed, and divided into twenty instalments, three of which, with the interest due on the 30th of April, 1839, were paid, but the remaining instalments, commencing with that pay- able in April, 1844, were still due by Mexico when she suspended diplomatic intercourse with the United States. Similar acts of perfidy on the part of the Mexican gov- ernment, had provoked a merited chastisement from France, in 1839 ; but the United States, in a spirit of magnanimity, of long-suffering and forbearance, rarely witnessed among nations, continued to hope that better counsels would prevail in Mexico, and prompt her rulers to the performance of their duty. Had the circumstances attending the annexation of Texas, then, been far more aggravated than was alleged by Mexico, reproaches would have ill become her, and complaints appeared like adding insult to injury. But, though the threats of Mexico were as empty as her promises and professions were hollow, and though her 1845~8.j BOUNDARY OF TEXAS. 245 valiant proclamations and decrees were entirely unpro- ductive of results, she did not recede from her position, that the annexation of Texas was tantamount to a decla- ration of WM\ To that she was committed bj every act of her executive authorities which could give it force or solemnity. They had deliberately placed themselves upon record, and published to the world the ground they had taken. Diplomatic intercourse being suspended, and a state of war declared to exist, no alternative was left to the United States but that of extending their authority over Texas, without further reference to Mexico. In doing this, it was evident that a question might arise as to how far the western and southwestern boundary of the newly acquired territory extended. Had not the authorities of Mexico flattered themselves into the belief, that the insolence and bravado Avliich they had so long displayed with impunity toward the American Republic, would continue to be un- re«ented, this question might, and would have been, ami- cably settled ; for by the resolution of Congress, no territory was annexed except that rightfully belonging to Texas, and all questions of boundary that might arise with other governments were left subject to adjustment by the federal government of the United States. But by the act of Mexico, her diplomatic relations with us were in- terrupted, and no other course was left to our govern- ment, but that of deciding the question of boundary for themselves, and acting upon that decision until Mexico was disposed to negotiate. Had any other course been adopted, — had the government of the United States cow- ered before the loud-sounding proclamations fulminated 246 JAMES KNOX POLK. [1845-8. by the Mexican Executive, — her representatives would have been scorned at every court in the civilized ^Yorld. True, actual war, instead of that nominally existing as Mexico declared, was likely to ensue ; but war is always to be preferred to a dishonorable peace ; and a war in support and vindication of national honor, wherever the arms of the injured country may be carried, is a war of defence. Previous to her secession from the Mexican confed- eracy, the political limits of Texas " were the Nueces river on the west ; along the Red river on the north ; the Sabine on the east ; and the Gulf of Mexico on the south."* But it is unnecessary to inquire what were the boundaries of Texas, prior to that event, because it is a familiar principle of national law, that boundaries are always obliterated by a revolution, as they are by a war between tAvo contiguous countries. Just so far as Texas extended her power and authority during the revo- lutionary struggle, her title was good against every other government except Mexico ; and against the latter also, if the secession, as has been contended, was justifiable, and if the extension of authority consisted of positive acts, or was acknowledged by Mexico. In determining the question of boundary, therefore, the government of the United States had only to ascertain how far, if at all, Texas had extended her limits by conquest or occupation, or by the assent, express or implied, of the constituted authorities of Mexico. At an early period of her contest with the central gov- ♦ Letter of H. M. Morfit, House of Representatives, Doe. 35, 2d Session 24th Congress. 1845-8.] ACT OP THE TEXAN CONGRESS. 247 eminent of Mexico, Texas " made her mark," as was said bj one of her Senators in the American Congress,* and asserted her claim to the whole territory lying on the left bank of the Rio Grande, or Rio Bravo del Norte. The advantages offered by that "grand and solitary river" as a great natural military barrier or obstacle, were so apparent to the Texan officers, that at the capitulation of General Cos, in December, 1835, it was stipulated in the articles of surrender, signed by the commissioners appoint- ed by Generals Burleson and Cos, and approved by them, that the latter should retire beyond the Rio Grande, and provisions were furnished to the Mexican army to sustain them till they reached that river, as if it were the proper frontier of their own country.! In April, 1836, the last decisive encounter took place at San Jacinto. The Mexican army was almost annihi- lated, and their commander Santa Anna, with eight hun- dred of his troops, were made prisoners. The whole invading army was then in the power of the Texans ; and in order to save them from destruction and to regain his own liberty, Santa Anna, in his character as President of the Mexican Republic and clothed with the supreme power, entered into an agreement and solemn compact with President Burnet, of Texas, and his cabinet, by which the independence of Texas was acknowledged; and it was also stipulated therein, that the Mexican troops should evacuate the territory of Texas and retire beyond the Rio Grande, and that river, from its mouth ♦ Hon. T. J. Rusk. t Articles of Capitulation signed at San Antonio de Bexar, December 11, 1835. 248 JAMES KNOX POLK. [1845-8. to the 42d degree of north latitude, should forever be the line of demarcation between the two countries.* A copy of this agreement was forwarded to General Filisola, then at the head of about five thousand troops, the re- mains of the shattered army of invasion. Pie was from forty to fifty miles distant, but completely at the mercy of the Texan forces, now flushed with conquest and con- fident in their ability to achieve other victories. The compact was therefore approved by General Filisola, and its propriety and validity ever defended by him.f He was now permitted to retire beyond the Rio Grande without molestation, and thus saved his army from de- struction. This agreement was likewise approved by other Mexi- can general officers, and by the secretary of war, though not ratified by their Congress. It was said, that Santa Anna was a prisoner of war when the treaty or conven- tion was concluded, and that no agreement entered into by him under duress, was obligatory upon his govern- ment. But Mexico had profited by the act, in the res- cue of her army from disaster and disgrace ; she had reaped the benefit of the compact, and good faith re- quired that she should ratify it. Texas, however, decided firmly to adhere to the Rio Grande as the boundary, and on the 19 th of December, 1836, an act was passed by her Congress, establishing that river, from its mouth up its principal stream to its source, as such boundary. From the source of the river, ♦ Articles X, 4, 5. t See Defence of General Filisola June 10, 1836. 1845-8.] CLALM TO PART OF NEW MEXICO. 249 defined between the United States and Spain."* In compliance with a call of the Senate, pending the discus- sion on the treaty of 1844, President Tyler sent in a map of the country proposed to be ceded, upon which the boundaries, as above described, were marked in red lines. The act of the Texan Congress was unrepealed, at the time of her final admission by a law of the United States, passed the 29th day of December, 1845 ; the new constitution adopted, impaired its validity in no respect, as it expressly provided for continuing all prior enact- ments in full force ; and on the 31st day of December, two days after she was admitted as a state, the Congress of the United States passed a law establishing " a collec- tion district in the State of Texas," and Corpus Christi, west of the Nueces, was made a port of delivery, for which a surveyor was afterwards appointed. Thus the boundaries claimed by Texas were approved and adopted hj the government of the United States. The claim of Texas to that portion of New Mexico lying east of the Rio Grande was somewhat doubtful, except the treaty with Santa Anna be considered valid. She had exercised no acts of sovereignty there, and the only expedition sent to assert her authority was unsuc- cessful. She did not reduce the territory to her posses- sion and occupancy, but she at all times asserted a right, which, said Mr. Polk, ^' is believed, under the acts of Congress for the annexation and admission of Texas into the Union as a state, and under the constitution and laws * This act followed very nearly the language of the treaty with Santa Anna, and the boundaries corresponded precisely with those fixed in that compact. 11* 250 JAMES KNOX POLK, [1845~8. of Texas, to be well founded ;"* and when the claim of Mexico was extinguished bj the treaty of Guadalupe Hidalgo, the previous inchoate right of Texas became perfect and complete. To the country between the Nueces and the lower Rio Grande, the claim of Texas, and subsequently of the United States, was as good as to any portion of the terri- tory between the Nueces and the Sabine ; and its occu- pancy by the American troops, as distinguished from the other part of Texas, was never complained of by the Mexican government, nor do they appear to have been aware how deeply they were wronged in this respect, until the question was raised in the United States by the political opponents of Mr. Polk. The intention to insist upon the Rio Grande as the western boundary of Texas was clearly intimated in the articles of capitulation approved by General Cos, and asserted in the treaty w^th Santa Anna, which, if pos- sessing no greater force, operated as a notice to Mexico of the extent to which Texas was determined to claim. After it became known that Mexico would not ratify the convention concluded with Santa Anna and approved by the other Mexican officers, and that Urrea was preparing to invade Texas, General Rusk, then at the head of the Texan army, ordered General Felix Huston to take po- sition, with a detachment, at Corpus Christi ; and the latter sent his scouting parties to the Rio Grande. At that time there were no permanent settlements on the left bank of the river, with the exception of a few ranchos opposite Mier, Camargo, Reinosa, and Matamoras, the ♦ Special Message of President Polk, July 24, 1&48. 1845-8.J EXERCISE OF AUTHORITY BY TEXAS. 251 occupants of which had been engaged in herding and smuggling, but took refuge on the west side of the Rio Grande, upon the approach of Huston's troops. The great majority of the inhabitants retired to the rear of Rusk's army, in compliance with his orders. Urrea crossed the river but once, and soon returned. Although he had 10,000 men at Matamoras, General Huston held in subjection the whole country to the Rio Grande, and his advanced corps traversed it at pleasure. In December, 1836, when the law prescribing the boundaries of Texas was passed, she was in possession of the disputed territory, and her civil and political juris- diction was extended over it. Custom-houses, post- offices and post- roads, and election precincts, were estab- lished west of the Nueces. The county of San Patricio was laid out reaching to the Rio Grande. The public lands between the two rivers were surveyed and sold, and all the evidences of grants and transfers of land, subse- quent to the revolution of 1834, were entered among the records of Texas. Persons holding colony contracts made by the department of Tamaulipas, which was bounded on the east by the Nueces, prior to the revolu- tion, voted at Corpus Christi, under the lavrs of Texas. The place of voting was near the Nueces, more than one hundred and fifty miles from the Rio Grande ; but in the western and southwestern states of the American Union, county towns have frequently been situated over one hundred miles distant from the remotest limits of the county. Members of the Texan Congress were elected, who re- sided on the right bank of the Nueces, several years pre- 252 JAMES KNOX POLK. [1845-8. vious to the annexation ; and that part of Texas was rep- resented, too, in the Congress and in the Convention by which the resolution of annexation was accepted. The collectoral district of Aransas was established by the first Congress of Texas, and extended from the mouth of the San Antonio to the Rio Grande, Boats were repeatedly sent out by the collector to watch the coast, and recon- noitre the Laguna Madre and the Brazos » In the fall of 1838, when their ports were blockaded by the French fleet, the Mexicans secretly landed a cargo of flour at a place about ten miles west of the present town of Corpus Christi, for the purpose of conveying it across the coun- try. The flour was destroyed, and the vessel seized, un- der the orders of the collector of the district, for violating the revenue laws of Texas, The Texan troops being in great part withdrawn, in the spring of 1837, as no apprehensions of danger were then entertained, the Mexican rancheros ventured across the Rio Grande to herd their cattle ; but they were im- mediately attacked by the Texan " cow-boys/' as they were termed, and compelled to cross over to the right bank. Repeated efibrts were made by the rancher os to establish themselves permanently, but the '^ cow-boys,'" though not acting under any positive orders of the Texan government, resisted every attempt, and during the de- sultory contests which took place, from 1837 to 1842, drove off" nearly 80,000 head of cattle. The Mexican authorities uniformly discountenanced the establishment of any permanent settlements north of the river, and the civil jurisdiction of the department of Tamaulipas was exerted but rarely, if at all, in that part of its ancient iS45-8.] LAREDO. 253 dominions. After the defeat of the federalistas, who re- volted against the central government of Mexico in 1839, Generals Anaya and Canales, two of their leaders, crossed over the Rio Grande for protection. The latter united his forces with those of Captain Ross, of the Texan rangers, and a number of " cow-bo js." They then crossed the river, and drove the Mexican army into Matamoras. Canales took shelter in Texas again, in 1840, when he was joined by Colonel Jordan, with near two hundred " cow-boys.'" They crossed the Rio Grande a second time, and penetrated as far into the country as Saltillo, where Canales betrayed his allies, who succeeded, however, in fighting their way back to the river. After the invasion and defeat of Woll in 1842, the Texan army drove him across the Rio Grande and took possession of Laredo. At this point there had been a military organization, previous to the revolution in Texas, which was in existence when the army of the United States marched to the Rio Grande. On account of their liability to be attacked by the Indians in their vicinity, the inhabitants of Laredo were excepted from the opera- tion of the act disarming the citizens of Coahuila and Texas ; but they claimed to belong to the latter whenever they were visited by Hays and McCulloch's rangers, who frequently crossed over the country from San Antonio, to that and other points on the river ; and in a proclama- tion issued in 1846, Canales called them Texans. They were probably of Mexican extraction ; but the authority which Mexico exercised over them was far more ques- tionable than that of Texas. 254 JAMES KNOX POLK. [1845-8. Besides the settlement at Laredo, there were a few straggling huts at Point Isabel, near the Brazos Santiago, occupied by Mexican fishermen and smugglers. During the war with France, goods imported by the merchants of Matamoras were often landed by stealth at the Brazos, in order to escape the notice of the French blockading fleet lying oflf the mouth of the Rio Grande. An agent of the custom-house, which was on the right bank of the Rio Grande and in the Mexican territory, was sent to re- side at Point Isabel, to collect the duties before the goods were taken over the river, and a revenue officer of a simi- lar character was continued there until the approach of General Taylor with his army, in the spring of 1846, when he voluntarily retired across the river, having never been in the least degree molested, by the American troops, in the exercise of his authority, whatsoever he might rightfully have possessed. By the boundary act of the Texan Congress, no title was acquired to the disputed territory, except as it was followed and supported by the civil and military author- ity which she exercised. She did not fortify the whole left bank of the Rio Grande, nor plant her flag at every prominent point on the Gulf of Mexico ; but her ability to drive the Mexicans from the territory, at pleasure, to their place of security beyond the river, was demon- strated ; and if private individuals at any time returned there and established themselves, it would seem to have been done merely by her sufferance. The authority ex- ercised by Texas, in the valley of the Nueces, and upon its western bank, including the settlement at Corpus Christi, was undoubted and undeniable. In the otheT 1845-8.] ADMISSIONS OF MEXICO. 255 part of the territory in dispute, there could not have been one hundred persons as late as 1844, and it cannot be said with justice, that the Mexicans then had any " ac- tual possession or fixed habitation east of the Rio del Norte," between the Gulf of Mexico and the " mountain- ous barriers at the Pass,"* with the exception of what they might claim at Laredo and Brazos Santiago. Mr. Donelson, the American charge cf^affaires^ called the at- tention of the government of the United States, and of General Taylor, to the existence of these settlements, or posts, in the spring of 1845. f The latter was expressly instructed, when he entered the territory, not to interfere with the establishments made by Mexico, and to respect the rights and property of private citizens ; and it is un- necessary to say, that his orders were faithfully ob- served. But, in addition to these facts, Mexico herself, through her agents and officers, tacitly admitted the claim of Texas to the lower Rio Grande, on several occasions ; although, as a general thing, she made no distinction in regaixl to any part of the country between that river and the Sabine. Her claim extended to the whole of Texas, and the comparatively unimportant question of boundary was merged in the greater one of title. Always insisting upon her right to every part and parcel of Texas, when- ever, subsequent to the battle of San Jacinto, she adopt- ed, cither voluntarily or by compulsion, a limit to the ♦ IMemoir of Lieut. Emory : Senate Doc. 341— 1st session, 28th Congress —p. 56. t Letters to Mr. Buchanan, Juno 30th, and July 11 ;— to General Taylor, June 28th, and July 7. 256 JAMES KNOX POLK. [1845-8. territory, all of which she regarded as having been forci- bly and unjustly wrested from her, that limit was the Rio Grande. The southern and western bank of the river formed the outer limit of her military posts and fortifications. When her armies crossed it in force, the preparations made, the dispositions for the march, and the orders of the officers, showed that the movement was considered one of invasion ; and when compelled to retreat, they retired behind it as to a place of refuge. An armistice was proposed in 1843, in which it was stipulated that the Mexicans should confine themselves to the right bank of the river, and that the Texans should remain on the left bank. Tornel, the minister of war, in his letter dated July 7th, instructed General Woll, the commander-in-chief of the army of the north, that hos- tilities against Texas were " to be immediately suspend- ed at all points of the line under [his] command," and that he must withdraw to it his advanced parties.* The line commanded by General Woll was the Rio Grande ; and in his proclamation declaring the armistice at an end, he gave notice that every individual found one league from the river, on the east, would be looked upon as favoring " the usurpers of that territory," and be brought to trial before a court-martial, to be severely punished, if found guilty. Here, it seems, the Mexican general treated the question as one of usurpation, and admitted that the territory usurped extended to the Rio Grande. Canales, also, issued a pronunciamento against the government of Paredes, at Camargo, in February, * Senate Doc. 341— 1st session, 28th Congress— p. 84. 1845-8. J AMERICAN ADVANCE UNOPPOSED. 257 1846, in which he described himself as being " on the northern frontier."* It is very questionable whether he would have used this expression, if, in his opinion, the actual frontier was the Nueces, from 150 to 200 miles further north. The intention of General Taylor to advance to the Rio Grande was known long before his army commenced its march ; reconnoissances of the different routes by land and water, of Padre Island, the Laguna Madre, and the Brazos, were made early in February, 1846 ; and the fact that a forward movement was in contemplation, had been communicated by the INIexican officers on the fron- tier to their government. Notwithstanding this, no prep- arations were made to resist the approach of the Ameri- can general, and he was induced, from the entire absence of such preparations, to believe that he would encounter no opposition.! The situation of the country afforded numerous opportunities for harassing the American troops on their march, and the passage of the Arroyo Colorado, if disputed, would have been attended with great loss. " This stream," says General Taylor, "is a salt river, or rather lagoon, nearly one hundred yards broad, and so deep as barely to be fordable. It would have formed a serious obstruction to our march, had the enemy chosen to occupy its right bank, even with a small force, "t * House of Representatives, Exec. Doc. 196 — 1st session, 29tli Congress — p. 106. 1 Letters to the Adjutant General, October 8th, 1845, and February 4th and 16th, 1846. t Letter to the Adjutant General, March 21, 1846. 258 JAMES KNOX POLK. [1845-8. The Mexican Minister, Pena j Pena, in a confidential interview with Mr. Black, as will be seen, and in an of- ficial note to that gentleman, insisted on the withdrawal of the American naval force off Vera Cruz, previous to the reception of a minister, in order that his government might not even appear to act under an implied men- ace. General Taylor was then known to be at Cor- pus Christi, and in the actual occupancy of territory ly- ing west of the Nueces ; but this was not made the sub- ject of complaint, nor even thought worthy of mention. At no time did the government of Herrera pretend that the occupation of the disputed territory was one of the reasons for refusing to receive Mr. Slidell : neither did Castillo y Lanzas, the minister of Paredes, in his note communicating the final determination of the Mexican government, allege that the occupation, or the contem- plated advance to the Rio Grande, was the cause of the refusal.* Paredes once issued orders to attack the American army early in March, when the intentions of General Taylor were unknown ; and near the close of the month, when it was understood in Mexico, that he de- signed to advance, Paredes issued a manifesto, declaring that the Mexican government would itself commit no act of aggression ; thus acknowledging that the United States had committed no new act of that character, other- wise it would certainly have been mentioned. Mexico undoubtedly considered every movement for the establishment of the authority of the United States as an act of hostility ; and in his proclamation of the 23rd * See Diplomatic Correspondeucc, House of Representatives, Exec. Doo. 196 — 1st session, 29tli Congress. 1845-8.] MEXICAN COMMISSIONS. 259 of April, 1846, declaring that the war had been com- menced, Paredes referred to the occupation of Corpus Christi, the appearance of the naval squadrons in the Pa- cific and the Gulf of Mexico, the advance to the Rio Grande, and the blockade of the river, each and all, as so many aggravations of the original cause of offence — the annexation of Texas. That act "vvas the principal grievance, and the others but so many incidents. This idea also appears to have been entertained by the Mexi- can commissioners, Herrera, Conto, Villamil, and Atris- tain, who stated expressly, in their letter to Mr. Trist, on the 6th of September, 1847, that the war was " under- taken solely on account of the territory of the State of Texas."* In an interview with a staff officer belonmnf!^ to the ar- my of General Taylor, shortly after the battle of Buena Vista, Santa Anna, better disposed to keep faith in this respect than his countrymen, intimated that the Rio Grande was the proper boundary of Texas, and declared that Mexico could say nothing of peace, while the Amer- icans remained on that side of the river. t But there is another fact having reference to this ques- tion, which must be regarded as conclusive. After the treaty of Guadalupe Hidalgo, by which the war with Mexico was terminated, was concluded, the Mexican commissioners addressed a communication to their gov- ernment, in which they say that " the intention of mak- ing the Bravo a limit has been announced by the clearest signs for the last twelve years ; and it would have been ♦ Senate Exec. Doc. Do. — 1st session, 30th Congress— p. 20. t Official Dispatch.of Santa Anna, February 27, 1847. 260 JAMES KNOX POLK. [1845-8. impossible, at tlie present day, to change it. After the defeat of San Jacinto, in April, 1836, that was the terri- tory which we stipulated to evacuate, and which we ac- cordingly did evacuate, by falling back on Matamo- ras. In this place was afterwards stationed what was called the Army of the North ; and though it is true that expeditions and incursions have been made there, even as far as Bexar, we have very soon retreated, leaving the intermediate space absolutely free. In this state General Taylor found it when, in the early part of last year, he entered there by order of his gov- ernment." ■ With these opinions deliberately expressed by some of the highest functionaries of Pvlexico, what need is there of pursuing the argument in support of the claim of Texas to the Rio Grande as her south- western boundary 1 Opposed to these admissions, direct or implied, of the Mexican authorities, are the proclamations and dis- patches issued by Mejia, Ampudia, and Arista, on the approach of General Taylor. All three of these gen- erals declared that the advance of his army was a hostile movement ; yet they appeared to differ with respect to the proper point to Avhich the invading forces, as they were called, should be allowed to extend their occupa- tion. Mejia announced, through his representative, that the passage of the Arroyo Colorado would be regarded as an act of war ; Ampudia desired General Taylor to retire beyond the Nueces ; and Arista insisted, that the law annexing Texas gave no right to occupy the Rio del Norte, without attempting to confine the American army 1845-8. AMERICAN TROOPS ORDERED TO TEXAS. 261 to any precise limits.* The prefect of the northern dis- trict of Tamaulipas, Jenes Cardenas, also issued his pro- test, dated at Santa Rita, on the 23d of March, 1846, against the occupation of any portion of the department ; but it must be remembered that the head-quarters of his prefecture were at Matamoras, and it is doubtful whether he ever exercised authority north of the Rio Grande. Besides, General Taylor very properly regarded him as a mere tool of the military authorities in Matamoras, and after the capture of that city he proved himself to be as corrupt as he was pusillanimous, by soliciting, in the humblest terms, to be continued in his office. In vicAV of the facts which have been detailed, it will not appear strange, that the government of the United States adopted the Rio Grande as the boundary of Texas, or that the civil and military officers of Mexico, in every department of the government, repeatedly admitted that the tract between that river and the Nueces formed part of the territory usurped, as was said, by the Texans. Having decided the question of boundary, the offensive attitude of Mexico required, in the opinion of Mr. Polk and his cabinet, that the territory should be occupied by American troops ; the occupation being limited, in the first place, to such points as had long been under the ac- knowledged jurisdiction of the laws of Texas. Had friendly relations existed with Mexico, she might justly have complained of the occupation unless every effort at negotiation had failed ; but as all intercourse with her ♦ See Mejia's jjroclamation, dated March 18th, 1846 ; General Taylor's letter, l^Iarch 21st ; Ampudia's dispatch, April 12th ; and Arista's procla- mation to the foreigners in the American army, April 20th. 262 JAMES KNOX POLK. [1845-8. was interrupted, by her own act, this course was impera- tively demanded by a due regard for the national honor and dignity, leaving out of view the duty of the federal government to Texas herself. In occupying the territo- ry, this language was held to Mexico : We have ever been disposed to negotiate fairly and amicably for the adjust- ment of the boundary of Texas, but as you have with- drawn your minister and refused to hold intercourse with us, you have forced us to fix the boundary for ourselves, and to occupy the territory with our troops, under orders not to molest your people or their possessions, lest it might be said hereafter by you, that we had forfeited our rights by not occupying the country or exercising author- ity over it. Accordingly, General Taylor, who had been posted at Fort Jesup, since the spring of 1844, with a considerable body of troops, was ordered to establish his command in Texas, in such a manner as would enable him to protect the territory between the Nueces and the Rio Grande, and to take position with a portion of them west of the former river. In compliance with his orders, given under the direction of Mr. Polk, General Taylor put his com- mand in motion, and early in the month of August, 1845, — the resolution of annexation having been accept- ed by the Texan Congress and Convention, — he landed his troops on the bay of Corpus Christi, west of the Nueces, where he established his main encampment, and commenced disciplining and instructing his men, in order to fit them for active service if it should be required. He was instructed to respect the rights of property, and not to interfere with the Mexican settlements east of the Rio 1845-8.] RENEWAL OF DIPLOMATIC INTERCOURSE. 263 Grande. These instructions were carefully observed by the " army of occupation," which was reinforced, until it comprised more than half of the entire army of the United States. If an attack was threatened, and his command appeared to be in danger, General Taylor was further authorized, to call upon the governors of the neighboring states for volunteers. Meanwhile the Mexican government was not idle. Ad- hering to their declaration that war existed, and to the determination of invading Texas expressed by President Herrera, efforts were made to increase the army, and to provide the means for carrying on the war. The embar- rassed condition of the finances prevented the immediate accomplishment of the wishes of the government, although General Arista was ordered from Monterey to Matamo- ras, in the month of August, with a force of 1,500 men, to reinforce the troops already in that quarter, then about 500 strong. Later in the season, between eight and nine thousand men were assembled at San Luis Potosi, under General Paredes, then in command of the army of the north. While matters were in this position, and the scales of war and peace hung at an even poise, information was received by the American administration, from Mexico, which ren- dered it highly probable that the government of that country was willing to resume her former relations with the United States. The American government cheerful- ly took the initiative in renewing their intercourse, in order that it might not be said they were loth to recipro- cate any friendly feelings understood to exist. Mr. Black, the American consul in the city of Mexico, waa 264 JAMES KNOX POLK. [1845-8. therefore instructed by Mr. Buchanan, to ascertain ^vhether the Mexican government would receive an envoy, " intrusted with full power to adjust all the questions in dispute between the two governments ;" and if the reply to his inquiry should be in the affirmative, he was in- formed that " such an envoy" would be "immediately dispatched to Mexico."* A confidential interview took place between Mr. Black and Pefia y Peiia, the Mexican minister of foreign relations, in which the substance of the dispatch received from his government was made known by the American Consul ; and on the 13th of October, he addressed an official note to the Mexican minister, communicating the instructions he had received, in the precise terms of the letter of Mr. Buchanan, as before quoted. f On the 15th of October, Pena y Pena informed Mr. Black, in writing, that his government was ^' disposed to receive the commissioner of the United States," who might come " with full powers from his government to settle the present dispute in a peaceful, reasonable, and honorable manner. "J As it has often been questioned, whether the Mexican government consented to receive a minister, eo nomine, and as an American historian has conceded the point in their favor, § it may be well to inquire carefully what was in fact proposed on the one hand, and what was accepted on the other. Mr. Black stated distinctly, that his * House of Representatives, Exec. Doc. 60— 1st session 30th Congress— p. 12. t Ibid., p. 14. :}: House of Representatives, Exec. Doc. 60— 1st session SOth Congress— p. 16. § Ripley's War with Mexico, vol i. p. 65. 265 1845-8.J CONSENT TO RECEIVE A MINISTER. government would dispatch to Mexico an envoy clothed with full power to settle all disputes. Pena y Pena did not reply, that Mexico would receive no such minister or envoy; but he said, that she would receive the commis- sioner coming with full powers to settle the present dis- pute. Carefully worded as was the note of the Mexican minister, the inference was irresistible that his govern- ment consented to receive the identical minister, com- missioncr, or envoy, whatever he might be styled, pro- posed to be sent by Mr. Buchanan, as the cabinet officer of President Polk. If this is not so, then the note of Pena y Pena had a double meaning, which subsequent events rendered probable; but the United States were justified in construing it in a manner consistent with fair and honorable diplomacy. No argument can overturn this position,— no sophistry relieve the Mexican govern- ment from the imputation of bad faith in this correspond- ence.* Jealousy, suspicion, and distrust, were manifested by all classes and parties in Mexico, at the time when the proposition to resume her diplomatic relations with the United States was received and accepted. The arrange- ment, however, was approved by the Mexican Congress m secret session ; the American naval force off Vera Cruz ^ * An examination of the original communication of Pena y Pefia to Mr. ]51ack, will fully confirm the position above taken. The following extract has reference to the consent to receive a minister: « En contestacion debo dcnre quearcsardeque la Nacion Mcxicana estd gravcmente ofendida par la de los Estados Unidos, en razon de los hechos comitidos par estd en el Dcpartamcnto de Tcjns, proprio de aquella, mi Gobierno estd dispmrto a recibir al conuswnado que de los Estados Unidos vcnga a esta Capital con plenos poderes de su Gobierno para arrcglar de un mode pacifico, razonable y decorroso, la conticnda prcseate." 12 JAMES KKOX POLK. [1845-8. was "witMrawn; everything wore a promising aspect; and toward the close of October, the Mexican Minister of Foreign Relations expressed some anxiety to know when the envoy from the United States might be expect- ed. The American Executive, immediately upon the receipt of Mr. Black's dispatches, appointed Mr. John Slidell as Minister Plenipotentiary to the Government of Mexico, and gave him full instructions and powers to settle and adjust all differences between the two coun- tries.* Mr. Slidell arrived at Vera Cruz on the 30th of November, and hastened forward, immediately, to the city of Mexico. At Puebla he was met by Mr. Black, who informed him that the Mexican government were alarmed by his arrival at such an inopportune moment, as they had not expected him until the 1st of January, and mat- ters had not been prepared for his reception. The first intimation received by Mr. Black, that the time of the arrival of an envoy was deemed of any importance, was on the 3rd of December, in an interview with Pena y Pena, and he had hastened from Mexico to meet Mr. Slidell, and communicate with him before he reached the capital. It appeared that the administration of Herrera had been constantly growing weaker and weaker. Instead of seizing, into his own hands, the means which might have enabled him to control the turbulent government over which he was placed, he suffered them to be used for his own destruction. Finesse and management were resorted to, when nothing could have so much strength- ened his administration, as promptitude, firmness, and decision. Early in November he began to be seriously ♦ See letter of instructions to Mr. Slidell, November 10, 1845. l84o-8.J REVOLUTIONARY PROJECTS. 267 alarmed; the fidelity of Paredes was suspected; and orders were issued for him to break up his cantonment at San Luis, and to scatter the troops in different parts of the country. Herrera and his ministers were probably well disposed to the United States, but their indecision was followed by its legitimate results; and when Mr Shdell presented himself, they attempted to bolster up the tottering administration, by a refusal to receive him The arrival of an envoy from the United States was a matter that it was impossible to conceal, after he had once landed ; the evil which might easily have been pre- vented, if the Mexican government had but intimated the necessity for delay, was past all remedy; and xMr. Sli- dell concluded to continue his journey to Mexico. The fact that the administration of Herrera had con- sented to receive a minister, was known long previous to the arrival of Mr. Slidell, although the pronunciamento of Paredes against the government, issued at San Luis, did not appear until the 15th of December. For several weeks before Mr. Slidell reached Mexico, the monarchists and centralists in the capital were very busily engaged in preparing the plan of their anticipated movement." An outbreak was regarded as a matter of certainty, unless I the administration took measures to prevent it. On the 1 second day after his arrival in Mexico, Mr. Slidell ad- dressed a letter to the Mexican Minister, dated the 8th of December, informing him of his arrival, and desiring to know when his credentials would be received and him- self accredited. No answer was returned to this commu- nication ; and in two private interviews between Mr. Black and Pena y Pena, held on the 8th and 13th of 26S JAMES KNOX POLK. [1845-8. December, the latter exhibited so many symptoms of a desire to evade a compliance with the terms of the prop- osition which the Mexican government had accepted, that Mr. Slidell wrote a second note, on the 15th of the month, requesting to know when he might expect a reply to that previously written. On the following day he was in- formed by Pena y Pefia, that there had been diiBculties in regard to his reception, which it had been found neces- sary to submit to the council of government for their de- termination. The difficulties alluded to were — that Mr. Slidell's appointment had not received the sanction of the American Congress, or been confirmed hj the Sen- ate ; and that the Mexican government had consented to receive a commissioner to settle the question relating to Texas, but not a resident minister. These objections were evidently mere pretences, as the only argument urged against the administration, hj Paredes and his supporters, was, that it had consented to receive a minister, and listen to a proposition for opening new ne- gotiations. This Avas the only question involved, as admit- ted by Herrera himself, in a letter written to Senor Pa- checo, minister of foreign relations, on the 25th of August, 1847.* The bad faith of the Mexican administration in this transaction was subsequently exhibited in a most un- enviable light, by the publication of a communication made to the council of government by Pena y Pena, in his official capacity, on the 11th of December, at the very time when he was professing so much friendship towards Mr. Black and Mr. Slidell, in which the refusal to receive the minister was recommended in positive and express * Senate Exec. Doc. 1 — 1st session 30tli Congress — p. 41. 1845-8.] REFUSAL TO RECEIVE MR. SLIDELL. 269 terms.* The deliberations of the council, though nomi- nally secret, were matters of public notoriety. Its mem- bers were well known to be decidedly opposed to the reception, and, on the 18th of December, their dictamen advising against it was made public. Information of this fact, and of the evident want of frankness and candor on the part of Herrera's administration, in their intercourse witli him, was communicated by Mr. Slidell, on the same day, to tlie government of the United States. f Mr. Slidell addressed two letters to Pena y Pena, on the 16th and 20th of December, desiring to be informed as to the difficulties in the way of his reception, in order to remove them, if in the power of himself or of his govern- ment. In reply to the second note, the positive deter- mination of the Mexican government not to receive him was communicated. This decision did not save the ad- ministration of Herrera from the consequences of its own weakness and pusillanimity. Its want of firmness and decision was so manifest, that the military in the capital pronounced in favor of the revolutionists on the 29th of December, and on the following day Herrera resigned the presidency, without making a single effort to quell the outbreak. The tide had been turned for months, and he lacked the courage to stem it for an instant. Paredes entered the city with his troops, in triumph, on the 2d of January, and on the next day was chosen provisional President. Soon after he was elected to the same office, by the Constituent Congress. He had come into power for the avowed purpose of putting an end to all negotia- * House of Representatives Exec. Doc. — 1st acssion29th Congress — p. 49. t Ibid, p. 18, et scc^. 2T0 >^ JAMES KNOX POLK. [l$45-8. tions with the United States, and of declaring and carry- ing on an offensive war. The desire to establish himself firmly in his place rendered him loth to remove the army to a distance, and no immediate measures of hostility were adopted. In a short time after his elevation, the establishment of a monarchy in Mexico was suggested by some of his most intimate friends. This movement proved to be unpopular, and prevented his obtaining the necessary loans for the support and increase of the army. The condition of the relations between the United States and Great Britain also boded war, and he was quite will- ing to wait and see the former engaged with a more power- ful antagonist, before venturing to cope with their forces single-handed. Mr. Slidell had retired to Jalapain February, to await the termination of the revolutionary contest in Mexico. As an entirely different government had been establish- ed, after the country became more quiet, he addressed a note, on the 1st of March, to the new minister of foreign relations, Castillo y Lanzas, calling his attention to the subject of his reception, and requesting to know the views of the new administration in regard to the question. He was informed, in reply, by the note of the minister, written on the 12th, that he could not be received as a resident minister, and similar reasons were given for the refusal to those previously expressed by Pena y Pena. In consequence of this final rejection of the offer to nego- tiate, Mr. Slidell requested the necessary passports, and, in a few days, set out on his return to the United States.* * See Diplomatic Correspondence, House of Representatives, Doo. 196— 1st session 29th Congress. 1845-8. j HIS COURSE CENSURED. 271 The Mexican government immediately commenced making preparations for war. Loans were obtained, arms and supplies provided for the army, and its numerical force augmented ; and on the 4th of April, positive orders were issued to the officers commanding on the northern frontier, to attack the American troops. In the meantime, the American administration had not been unmindful of the duty imposed upon them. The dispatch of Mr. Slidell exposing the duplicity and bad faith of the Mexican government, and announcing the dictameii of the council, was received on the 12th of January, 1846, and on the following day General Taylor was instructed to advance and occupy with his troops po- sitions on or near the east bank of the Rio Grande, as soon as it could conveniently be done. He was further directed to observe his former orders ; to commit no act of hostility or aggression ; not to enforce the common rio;ht of naviojatinor the river, or to treat Mexico as an enemy unless she assumed that character ; but to repel any attack, and if hostilities were commenced by the Mexican troops, to adopt such ofiensive measures as he might deem advisable. In the heat of party strife, it was natural that the con- duct of President Polk in directing the advance of Gene- ral Taylor to the Rio Grande, should be severely critised and censured by the opposition. The same thing was witnessed during the administration of Mr. Madison, with reference to the war of 1812 ; he was maligned and ca- lumniated by his political opponents, but posterity has meted out justice to him and to them. The memory of Madison is enshrined in the hearts and affections of the 272 JAMES KNOX POLK. [1845-8. American people, wliile the federalism of his day has de- scended to the tomb of the Capulets. And will not the historian of a succeeding age discover a parallel to this in the administration of James K. Polk ? Political oppo- nents, with minds heated by party collisions and animos- ities, and warped by prejudice, represented him as an- other Ciesar, " ranging for revenge, Witli Ate by his side, come hot from hell," and uttering her fell cry of " havoc," as he unleashed the dogs of war. But attacks of this character passed him by unheeded. Strong in the consciousness of right, he desired only to discharge what he conceived to be his duty. He was a man of peace. The suffering and wretchedness, the misery and woe, which war produced, he always deplor- ed ; but no reflections that he w^as responsible in aught for increasing its horrors ever occasioned him a moment's pain, or disturbed the calm serenity of his dying hour. He would, indeed, have been recreant to duty, — false to himself and false to his country, — had he not ordered the advance to the Rio Grande. It was the policy of wis- dom — the policy of right — the policy of justice. It has been said, that General Taylor ought to have remained in his position at Corpus Christi, on the de- fence, and the ports of Mexico been blockaded ; and thus an actual collision would have been avoided ; but this argument is put forth in entire ignorance of the imprac- ticability of the Spanish character. Had this policy been adopted, the question would either never have been settled, and the United States compelled to maintain an 1845-8.J COMMENCEMENT OF HOSTILITIES. 2*73 army in the field, and a naval force in the Gulf of Mexi- co, at great expense, for an indefinite period of time ; or else hostilities would soon have ensued, and in the latter event, the American army would have been obliged to traverse the weary route between Corpus Christi and the Rio Grande before being able to strike an efiective blow. The history of Mexico furnishes a case in point. She laughed to scorn the tri-color of France when her har- bors were blockaded, but soon repented of her folly, when the walls of San Juan de Ulua came tumbling down into the roadstead of Vera Cruz. In fulfilment of his instructions, General Taylor broke up- his encampment at Corpus Christi on the 8th day of March, 1846, and commenced moving his army in the direction of the Rio Grande. No opposition was ofiered to his march, but on his approach to Point Isabel, the buildings of the settlement there, called Frontone, were set on fire, under the orders of Mexican officers. This he viewed as an act of war ; and properly so, because it was the destruction of property on territory the title to which was in dispute. lie determined, however, to pre- serve the peaceful attitude which he had hitherto main- tained, and leaving a small body of troops at the point, where he established his principal depot of stores, he continued his march with the main army till he reached the bank of the Rio Grande, opposite Matamoras. He then dispatched one of his officers. General Worth, across the river, as the bearer of a communication to General Me- jia, the officer in command at Matamoras, informing him of the desire of the American commander for amicable relations, of his intention not to commit any acts of hos- 12* 2T4 JAMES KNOX POLK. [1845-8. tility unless he was attacked, and of his willingness to leave the port of Brazos Santiago open to the citizens of Matamoras until the boundary question should be defin- itely settled. General Worth was received by General la Vega, the second in command, who refused to convey the communi- cation of General Taylor to General Mejia. General Worth then requested permission to communicate with the American Consul at Matamoras. This was also re- fused, whereupon he returned to General Taylor's posi- tion, and informed him of the result of his mission. Orders were now given to encamp, and the American flag was for the first time planted on the shores of the Rio Grande. For the security of his command, and not in a spirit of defiance. General Taylor fortified his position, and placed his artillery so as to cover the approaches. Everything continued peaceful until the arrival of General Ampudia at Matamoras, on the 11th of April, 1846, with a reinforcement of about twenty-five hundred men. He immediately assumed the command, and required General Taylor to abandon his position, and to retire beyond the Nueces, or the war would be commenced. General Taylor declined to discuss the international question, and refused to retire. But the existence of a state of war having been thus announced. General Taylor directed the mouth of the Rio Grande to be blockaded by the American naval com- mander at Brazos Santiago, who had received orders to co5perate with him. No further offensive measures were at the time adopted by him, although outrages, perpetra- ted by the Mexican irregular troops, or rancherosy were 1845-8.] INCIDENTS OF THE WAR. 2T5 of almost daily occurrence. At length the Mexican army, now under the command of General Arista, crossed the Rio Grande in force, intending to surround General Taylor's position, and compel him to capitulate. But he and his soldiers, like the garrison of Cambray, though they did not know how to surrender, knew very well "how to fight." On the 24th of April, a body of Mexican lancers com- mitted an unprovoked attack upon a party of American troops sent out to observe the movements of Arista. The Congress of the United States was at this time in session, and on receiving the intelligence of the hostile encounter, the President communicated it to them in a special mes- sage, on the 11th day of May, with the recommendation that the most energetic measures should be adopted. An act was therefore passed, on the 13th inst., with great unanimity, — there being but fourteen negative votes in the House of Representatives, and but two in the Senate, - — declaring that a state of w^ar existed between the two countries, " by the act of the republic of Mexico."* Pro- vision was also made in the law for filling up the regu- lar regiments ; the President was authorized to accept the services of fifty thousand volunteers ; and the sum of ten millions of dollars was appropriated to carry on the war. The utmost activity now prevailed in all the executive departments at Washington. Additional duties were im- posed upon the President, but they were performed with promptitude. While the war continued, he read all the dispatches of importance, and often prepared or dictated * This clause, which was contained in the preamble, was not approved by the Whig members. They endeavored to have the preamble stricken out, but when the motion failed, most of them voted for the act. 2T6 JAMES KNOX POLK. [1845-8. the orders and instructions. During the summer of 1846, nearly twenty thousand men were thrown forward in the direction of the seat of war. General Taylor was large- ly reinforced, and strong columns of attack were directed upon Chihuahua and Ncay Mexico, under Generals Wool and Kearny. Previous to this, however, General Taylor had driven the Mexicans from the left bank of the Rio Grande, by his brilliant victories at Palo Alto and Resaca de la Palma. On the arrival of his reinforcements and supplies, he proceeded against Monterey, the capital of New Leon, where the often routed columns of the enemy had rallied ; and after a stout resistance, this town also surrendered to his arms, on the 24th of September. On the 23d day of February following, he achieved a decisive victory over Santa Anna, who had succeeded Paredes as the head of the Mexican republic, near the hacienda of Buena Vista. Meanwhile, General Scott had been dispatched with a powerful armament to Vera Cruz. Landing near that town with an army about thirteen thousand strong, he formed a line of investment and opened his batteries. The city soon surrendered, and with it the castle of San Juan de Ulua. Having garrisoned the town and castle, he took up the line of march for the Mexican capital. Driving the enemy from the pass of Cerro Gordo by a well-executed coup-de-main, he continued along the Na- tional Road to Puebla, where he awaited the arrival of reinforcements. When these came up, he moved upon the city of Mexico with his army arranged in four di- visions, under the command, respectively, of Generals Worth, Twiggs, Pillow, and Quitman. Passing round 1845-8. J THE ARMISTICE. 277 the lakes Chalco and Xocliimilco, he came upon the south- ern approaches to the city of Mexico. On the 19th and 20th of August, 1847, were fought the bloody battles of Contreras and Churubusco, and the capital itself seemed ready to fall into the hands of the victorious Americans. The Mexican authorities began to repent of their temeri- ty in provoking so unequal a struggle, and proposed an armistice, to give an opportunity for opening negotiations, to Avhich General Scott cheerfully assented. Repeated efforts to negotiate had been made in the meantime by the American government. In July, 1846, a proposition was distinctly made by Mr. Buchanan to the JNIexican executive to open negotiations for the con- clusion of a peace, but the friendly offer was again de- clined. In the spring of 1847, Mr. Trist, formerly the chief clerk in the Department of State, was appointed, contrary to the better judgment of Mr. Polk, but in com- pliance with the request of a great number of his friends, as a commissioner to accompany the column commanded by General Scott, in order that if propositions of peace were offered they might be acted on without dela3^ When the armistice was concluded, therefore, Mr. Trist held several conferences with the commissioners appointed by the Mexican government, but the terms demanded by the latter were wholly inadmissible, and the negotiation ter- minated abruptly. The armistice had already been in- fringed, on several occasions, and Gen. Scott determined to be trifled with no longer. On the 8th of September the battle of El Molino del Rey was fought ; on the 13th instant, the castle of Chapultepec was stormed and the western gates of the city seized by the American troops ; 278 JAMES KNOX POLK. [1845-8. and on tlie following day tlieir standard was unfurled in triumph on the Palacio of Mexico. Soon after the commencement of the war, New Mexico and the Californias had been overrun and taken posses- sion of, by General Kearny and Colonel Fremont, with t^ie assistance of the naval squadron in the Pacific, under t'le comniand, at different periods, of Commodores Biddle, Stockton, Shubrick, and Jones. Besides the conquest of the northern provinces of Mexico, General Taylor had in his possession, or under his control, the provinces of Tamaulipas, New Leon, and Coabuila; Tampico, Tuspan, Alvarado, and Tabasco, had been captured by Com.mo- dores Conner and Perry ; aiid General Scott held the city of Vera Cruz, the castle of San Jnan de Ulua, the line of the National Road, with the important towns which it in- tersected, and the capital of the Mexican republic. All this had been accomplished in less than eighteen months after the first collision on the banks of the Rio Grande. No difficulties seemed too great for the American soldiers to overcome, — no odds too fearful for them to meet. Against three and four times their numbers, they con- tended, frequently under great disadvantages of position, but always with success ; and wherever their flag was borne, the eagles of victory delighted to hover above it. Mexico was now w^illing to negotiate. Mr.Trist had been recalled, in consequence of acting in disregard of his instructions, but he had not yet left Mexico, and un- der the advice of General Scott, he concluded a treaty "with the Mexican commissioners appointed for that pur- pose, at Guadalupe Hidalgo, on the 2d day of February, 1848. By this treaty the Rio Grande was established 1848.J TREATY OF PEACE. 2T9 as the bounclaiy between the United States and Mexico, below El Paso ; and the provinces of New Mexico and Upper California, — the latter with all its rich mines of wealth, then not known to exist, — were ceded to the United States, in consideration of the payment to Mexi- co of the sum of fifteen millions of dollars, and the as- sumption by the former of the claims of her citizens. As the terms of the treaty were, with some slight ex- ceptions, satisfactory to Mr. Polk, he submitted it to the Senate, althouo^h it had been concluded by an unauthor- ized person. That body duly ratified it, with certain modifications, on the 10th of Marcli ; the amendments were approved by the IMexican Congress, and on the 30th day of May, the ratifications were exchanged in the city of Querctaro, by the commissioners of the two govern- ments. CHAPTER X. The Independent Treasurj'— Tariff of 1846— Course in regard to Appoint- ments—River and Harbor Veto— Second Annual Message— Special Mes- sage on the Improvement Bill — Thirtieth Congress — President's Mes- sage-Refusal to Communicate Diplomatic Correspondence — Oregon Territorial Bill— Views of Mr. Polk— Presidential Election— Last Con- gress during his administration — Inauguration of his successor. Among the principal recommendations in tlie first an- nual message of President Polk, ^vere the reestablishment of the independent treasury system ; the revision of the tariff act of 1842, in such a manner as to have it conform to the revenue standard, with the substitution of ad- valorem duties for minimums, or false valuations, and for specific duties ; the increase of the navy by the construc- tion of additional war steamers ; and the graduation and reduction of the minimum rate at which the public lands were sold. These recommendations were cordially approved by Congress. The independent treasury law was revived, and again established under more favorable auspices than those which attended its first introduction into the finan- cial system of the government. A new tariff law — known as the tariff of 1846 — of a purely revenue charac- ter, and based on a plan prepared by the secretary of the treasury, Mr. Walker, was also reported in the House of Representatives from the Committee of Ways and Means. A protracted and able debate, in which the 1845-9. J APPOINTMENTS TO OFFICE. 281 whole subject of the tariff was viewed and reviewed, con- sidered and reconsidered, for the hundredth time, engaged the attention of members for several weeks. The bill ■was finally adopted in the House by a vote of one hundred and fourteen to ninety-four. In the Senate it was sus- tained by a vote of twenty-eight to twenty-seven, and it went into operation on the 1st day of December, 1846. At this session, also, a bill was passed, and approved by the President, authorizing imported goods subject to duty to be warehoused in the public stores for a limited pe- riod, — the duties to be paid when the goods were re- moved. Most of the time of the tv»-o Houses toward the latter part of the session, was occupied in considering and act- ing upon the various measures suggested or proposed for carrying on the war. In general a most commendable spirit prevailed in this respect, among the members of both parties. AVhatever the President asked for was promptly voted, and in addition to the increase of the rcg- uhir army, the placing the navy on a war footing, and the authority to call out volunteers, ample pecuniary means were placed at his disposal. Besides the first ap- propriation of ten millions of dollars, another was made of twelve millions, and various smaller sums were granted at different times. During this session of Congress, the President was re- quired to make a great number of changes in the offices filled by his appointment, and also to propose many new appointments. In making his selections from the some- what numerous applicants, he was ever governed by two considerations, — that of securing a faithful, able, and 282 JAMES KNOX POLK. [1845-9. honest officer, and, if consistent with the former, that of promoting the interests and welfare of the party which had elevated him to the position he filled. His situation was one of great delicacy. Formidable divisions had grown up in the democratic party of New York ; in Penn- sylvania, the friends of Mr. Dallas and Mr. Buchanan were not on the most cordial terms ; in the west, Mr. Benton had many warm adherents, and many bitter op- ponents, in the republican party ; and in the south, the admirers of Mr. Calhoun, and those who were not willing to follow his lead, were often pitted against each other. To avoid an open rupture with one or other of these fac- tions was difficult, but he succeeded in doing so until the last year of his administration. Near the close of the session, a bill was introduced into the House of Representatives, placing at the disposal of the President the sum of three millions of dollars, to be used by him, if he deemed it expedient, in the negotiation of a treaty of peace with Mexico. While the bill was under discussion, Mr. Wilmot, a member from Pennsyl- vania, and a professed friend to the administration, moved the addition of a proviso — to which his name has since been applied — prohibiting the existence of domestic sla- very, except for crime, in any territory on the continent of America acquired by or annexed to the United States, by virtue of the appropriation. Like the measures of the abolitionists in former years, this proposition was re- garded by the southern members as a blow aimed at the interests which they were expected to guard. They op- posed it, therefore, but as it came upon them suddenly, at the close of a fatiguing session, it did not excite much 1845-9. J HARBOR AND RIVER BILL. 283 feeling or occasion much debate. It was supported by nearly all the members from the free states, and was con- sequently carried, in opposition to the votes of the mem- bers from the slaveholding states. In the Senate, the bill, which had been amended by reducing the sum asked for to two millions of dollars, was lost for want of time. A short time prior to the adjournment, an act was pass- ed in the Senate, which had received the favorable vote of the House on the 20th of March, making appropria- tions for the improvement of certain harbors and rivers, in all amounting to nearly fifteen hundred thousand dol- lars. The views of Mr. Polk on the subject of internal improvements had been long maturing, but they were now firmly established. The appropriation of so large an amoant of money, at this peculiar juncture, when the country was involved in war, appeared to him most un- wise ; but he was opposed to the bill upon principle. A number of the appropriations were for the improvement of rivers that could scarcely be called navigable, and of har- bors, on the northern and western lakes, where there was no commerce, and which were not required for the securi- ty or shelter of vessels engaged in it. In his opinion, these appropriations were not needed for the protection of foreign commerce, or of the vessels of the United States; and he was unable, therefore, to discover any authority for making them, in the federal constitution. For this reason he returned the bill to the House, on the 3d day of August, 1846, with the following message sta- ting his objections to its passage : 284 JAMES KNOX POLK. [1845-9. HARBOR AND RIVER VETO. To the House of Representatu'es : I HAVE considered tiie bill entitled " An act malving- appro- priations for the impovement of certain harbors and rivers," with the care which its importance demands, and now return the same to the House of Representatives, in which it origi- nated, with my objections to its becoming a law. The bill proposes to appropriate one million three hundred and sev- enty-eight thousand four hundred and fift}^ dollars, to be ap- plied to more than forty distinct and separate objects of im- provement. On examining its provisions, and the variety of objects of improvement which it embraces, many of them of a local character, it is difficult to conceive, if it shall be sanc- tioned and become a law, what practical constitutional re- straint can hereafter be imposed upon the most extended sys- tem of internal improvements by the federal government in all parts of th« Union. The constitution lias not, in my judg- ment, conferred upon the federal government the power to construct works of internal improvement within the States, or to appropriate money from the troasmy for that purpose. That this bill assumes for the federal government the right to exercise this power, cannot, I think, be doubted. The ap- proved course of the government, and the deliberately ex- pressed judgment of the people, have denied the existence of such a power under the constitution. Several of my prede- cessors have denied its existence in the most solemn forms. The general proposition that the federal government does not possess this power is so well settled, and has for a con- siderable period been so generally asquiesced in, that it is not deemed necessary to reiterate the arguments by which it is sustained. Nor do I deem it necessary, after the full and elaborate discussions which have taken place before the coun- try on this subject, to do more than state the general consid- 1845-9.] HARBOR AND RIVER VETO. 285 erations which have satisfied me of the imconstitutionahty and inexpediency of the increase of such a power. It is not questioned that the federal government is one of hmited powers. Its powers are such, and such only, as are expressly granted in the constitution, or are properly incident to the expressly granted powers, and necessary to their exe- cution. In determining whether a given power has been granted, a sound rule of construction has been laid down by Mr. Madison. Tliat rule is, that " whenever a question arises concerning a particular power, the first question is wiiether the poAver be expressed in the constitution. If it be, the question is decided. If it be not expressed, the next inquiry must be, Avhether it is properly an incident to an expressed power, and necessary to its execution. If it be, it may be ex- ercised by Congress. If it be not. Congress cannot exercise it," It is not pretended that there is any express grant in the constitution conferring on Congress the power in question. Is it, then, an incidental power, necessary and proper for the execution of any of the granted powers ? All the granted powers, it is confidently affirmed, may be effectually executed Avithout the aid of such an incident. '' A power to be inci- dental must not be exercised for ends which make it a princi- pal, or substantive power, independent of the principal power to which it is an incident." It is not enough that it may be jegarded by Congress as convenient, or that its exercise Avoidd advance the public weal. It must be necessary and proper to the execution of the principal expressed power to which it is an incident, and without which such principal power can- not be carried into effect. The whole frame of the federal constitution proves that the government which it creates was intended to be one of limited and specified powers. A con- struction of the constitution, so broad as that by which the power in question is defended, tends imperceptibly to a con- solidation of power in a government intended by its framers to be thus limited in its authority. " The obvious tendency 286 JAMES KNOX POLK. [1845-9. and inevitable result of a consolidation of the States into one sovereignty, would be to transform the republican system of the United States into a monarch}^" To guard against the assumption of all powers which encroach upon the reserved sovereignty of the States, and which consequently tend to consolidation, is the duty of all the true friends of our polit- ical system. That the power in question is not properly an incident to any of the granted powers, I am fully satisfied ; but if there were doubts on this subject, experience has de- monstrated the wisdom of the rule, that all the functionaries of the federal government should abstain from the exercise of all questionable or doubtful powers. If an enlargement of the powers of the federal government should be deemed pro- per, it is safer and wiser to appeal to the States and the peo- ple, in the mode prescribed by the constitution, for the grant desired, than to assume its exercise without an amendment of the^constitution. If Congress does not possess the general power to construct works of internal improvement within the States, or to appropriate money from the treasury for that purpose, what is there to exempt some, at least, of the ob- jects of appropriation included in this bill, from the operation of the general rule ? This bill assumes the existence of the power, and in some of its provisions asserts the principle, that Congress may exercise it as fully as though the appropria- tions Avhich it proposes were applicable to the construction of roads and canals. If there be a distinction in principle, it is not perceived, and should be clearly defined. Some of the objects of appropriation contained in this bill are local in their character, and lie within the limits of a single State ; and though, in the language of the bill, they are called harbors, they are not connected with foreign commerce, nor are they places of refuge or shelter for our navy, or commercial ma- rine, on the ocean or lake shores. To call the mouth of_a creek, or a shallow inlet on our coast, a harbor, cannot confer the authority to expend the public money in its improvement. 1845-9.] HARBQR AND RIVER VETO. 287 Congress have exercised the poAver, coeval with the constitisi- tion, of establishing lighthouses, beacons^ buoys, and piers, on our ocean and lake shores, for the purpose of rendering navi- gation safe and easy, and of affording protection and shelter for our navy and other shipping. These are safeguards placed in existing channels of navigation. After the long ac- quiescence of the government through all preceding adminis- trations, I am not disposed to question or disturb the author- ity to make appropriations for such purposes. When we advance a step beyond this point, and, in addi- tion to the establishment and support, by appropriations from the treasury, of lighthouses, beacons, buoys, piers, and other improvements, within the bays, inlets, and liarbors, on our ocean and lake coasts immediately connected with our foreign commerce, attempt to make improvements in the interior at points unconnected with foreign commerce, and where they are not needed for the protection and security of our navy and commercial marine, the difficulty arises in drawing a line beyond which appropriations may not be made by the fed- eral gorernment. One of my predecessors, who saw the evil consequences of the system proposed to be revived by this bill, attempted to define this line by declaring that " expenditures of this char- acter" should be "confined below the ports of entry or de- livery established by law." Acting on this restriction, he withheld his sanction from a bill which had passed Congress " to improve the navigation of the Wabash river." He was at the same time " sensible that this restriction was not as satisfactory as could be desired, and that much embarrass- ment may be caused to the Executive Department in its exe- cution, by appropriations for remote and not well-imderstood objects." This restriction, it was soon found, was subject to be evaded, and rendered comparatively useless in checking the system of improvements which it was designed to arrest, in consequence of the facility with which ports of entry and 288 JAMES KNOX POLK. [1845-9. delivery may be established by law upon the upper waters ; and in some instances almost at the head springs of some of the most unimportant rivers, and at points on our coast pos- sessing no commercial importance, and not used as places of refuge and safety by our navy, and other shipping. Many of the ports of entry and deliveiy now authorized by law, so far as foreign commerce is concerned, exist only in the statute- books. No entry of foreign goods is ever made, and no du- ties are ever collected at them. No exports of American products bound for foreign countries ever clear from them. To assume that their existence in the statute-book as ports of entry or delivery, warrants expenditures on the waters lead- ing to them, which would be otherwise unauthorized, would be to assert the proposition that the law-making power may engraft new provisions on the constitution. If the restriction is a sound one, it can only apply to the bays, inlets, and riv- ers connected with or leading to such ports as actually have foreign commerce ; ports at which foreign importations arrive in bulk, paying the duties charged by law, and from which exports are made to foreign countries. It will be found, by applying the restriction, thus understood, to the bill under consideration, that it contains appropriations for more than twenty objects of internal improvement, called in the bill har- bors, at places which have never been declared by law either ports of entry or deli^ ery, and at which, as appears from the records of the treasury, there has never been a vessel cleared for a foreign country. It will be found that many of these works are new, and at places for the improvement of which appropriations are now for the first time proposed. It will be found, also, that the bill contains appropriations for rivers upon which there not only exists no foreign commerce, but upon which there has not been established even a paper port of entry, and for the mouths of creeks, denominated harbore, which, if improved, can ben- efit only the particular neighborhood in which they are situa- 1845-9. J HARBOR AND RIVER VETO, 28W ted. It will be found, too, to contain appropriations, the expenditui-e of which will only have the effect of improving one place at the expense of the local, natural advantages of another in its vicinity. Should this bill become a law, the same principle which authorizes the appropriations which it proposes to make, would also authorize similar appropriations for the improvement of all the other bays, inlets, and creeks, which may with equal propriety be called harbors, and of all the rivers, important or unimportant, in every part of the Union. To sanction the bill with such provisions, would be to con- cede the principle that the federal government possesses the power to expend the public money in a general system of in- ternal improvements, hmited in its extent only by the ever- varying discretion of successive Congresses and successive executives. It would be to efface and remove the limitations and restrictions of power which the constitution has wisely provided, to limit the authority and action of the federal government to a few well-defined and specified objects. Be- sides these objections, the practical evils which must flow from the exercise, on the part of the federal government, of the powers asserted in this bill, impress my mind with a grave sense of my duty to avert them from the country, as far as my constitutional action may enable me to do so. It not only leads to a consolidation of power in the federal government at the expense of the rightful authority of the states, but its inevitable tendency is to embrace objects for the expenditure of tlie public money which are local in their character, benefiting but few, at the expense of the common treasury of the whole. It will engender sectional feelings and prejudices calculated to disturb the harmony of the Union. It will destroy the harmony which should prevail in our legislative counsels. It will produce combinations of local and sectional interests, strong enough, when united, to carry propositions for appropriations of pubHc money Avhich could not of themselves, and standing alone, succeed, fiuA 13 290 JAMES KNOX POLK. [1845-9. cannot fail to lead to wasteful and extravagant expenditures. It must produce a disreputable scramble for the public money, by the conflict which is inseparable from such a sys- tem, between local and individual interests, and the general interests of the whole. It is unjust to those states which have, with their own means, constructed their own internal improvements, to make from the common treasury appropri- ations for similar improvements in other states. In its op- eration it will be oppressive and unjust toward those states whose representatives and people either deny or doubt the existence of the power, or think its exercise inexpedient, and who, while they equally contribute to the treasury, cannot, consistently with their opinions, engage in tlie general com- petition for a share of the public money. Thus, a large por- tion of the Union in numbers and in geographical extent, con- tributing its equal proportion of taxes to the support of the government, would, under the operation of such a system, be compelled to see the national treasure — the common stock of all — unequally disbursed, and often improvidently wasted, for the advantage of small sections, instead of being applied to the great national purposes in which all have a common interest, and for which alone the power to collect the revenue was given. Should the system of internal improvements proposed prevail, all these evils will multiply and increase with the increase of the number of the States, and the extension of the geographieal limits of the settled portions of our coun- try. With the increase of our numbers and the extension of our settlements, the local objects demanding appropriations of the public money for their improvements will be propor- tionately increased. In each case, the expenditure of the public money would confer benefits, direct or indirect, only on a section, while these sections would become daily less in comparison with the whole. The wisdom of the framers of the constitution, in withhold- ing power over such objects from the federal government, and 1845-9.] HARBOR AND RIVER VETO. 291 leaving them to the local governments of the states, becomes more and more manifest with every year's experience of the operations of our system. In a country of limited extent, with but few such objects of expenditure, (if the form of gov- ernment permitted it), a common treasury might be used for their improvement with much less inequality and injustice than in one of the vast extent which ours now presents in population and territory. The treasure of the world would hardly be equal to the improvement of every bay, inlet, creek, and river, in our country, which might be supposed to pro- mote the agricultural, manufacturing, or commercial interests of a neighborhood. The federal constitution was wisely adapted in its provisions to any expansion of our limits and population ; and with tlie advance of the confederacy of the States, in the career of national greatness, it becomes the more apparent that the harmony of the Union, and the equal justice to which all its parts are entitled, require that the fed- eral government should confine its action within the limits prescribed by the constitution to its power and authority. Some of the provisions of this bill are not subject to the ob- jections stated ; and, did they stand alone, I should not feel it to be my duty to withhold my approval. If no constitu- tional objections existed to the bill, there are others of a seri- ous nature which deserve some consideration. It appropri- ates between one and two millions of dollars for objects which are of no pressing necessity ; and this is proposed,, at a time when the country is engaged in a foreign war, and when Con- gress at its present session has authorized a loan, or the issue of treasury-notes, to defray the expenses of the war, to be re- sorted to if the " exigencies of the government shall require it." It would seem to be the dictate of wisdom, under such circumstances, to husband our means, and not to waste them on comparatively unimportant objects, so that we may reduce the loan or issue of treasury-notes, which may become neces- sary, to the smallest practicable sum. It would seem to be 292 JAMES KNOX POLK. [1845-9. wise, too, to abstain from such expenditures with a view to avoid the accumulation of a large pubhc debt, the existence of which would be opposed to the interests of our people, as well as to the genius of our free institutions. Should this bill become a law, the principle which it estab- lishes will inevitably lead to large and annual!}^ increasing appropriations and drains upon the treasury, for it is not to be doubted, that numerous other localities, not embraced in its provisions, but quite as much entitled to the favor of the government as those which are embraced, will demand, through their representatives in Congress, to be placed on an equal footing with them. With such an increase of expend- iture must necessarily follow either an increased public debt, or increased burdens upon the people by taxation, to supply the treasury with the means of meeting the accumulated de- mands upon it. With profound respect for the opinions of Congress, and ever anxious, as far as 1 can consistently with my responsibility to our common constituents, to cooperate with them in the discharge of our respective duties, it is with un- feigned regret that I find myself constrained, for the reasons which I have assigned, to withhold my approval from this bill. The veto of the President occasioned surprise on the part of some of the members of the House, who were either ignorant of his sentiments on the subject of inter- nal improvements, or supposed that he would overlook the few items in the bill of an objectionable character. After some debate, the bill was reconsidered on the 4th of August, and declared lost. Ninety-seven members voted that the bill should become a law, notwithstanding the objections of the President, and ninety-one voted in the negative ; consequently there were not two- thirds in its favor. 1845-9.] SECOND ANNUAL MESSAGE. On the Tth day of December, the twenty-ninth Con- gress reassembled for the short session. The war with Mexico was the principal topic discussed in the Presi- dent's message. He recommended the vigorous prosecu- tion of offensive measures until " indemnity for the past and security for the future " were obtained, the granting of letters of marque and reprisal, and the appropriation of the sum of three millions of dollars asked for at the previous session. He also repeated his views in regard to the tariff system, and the graduation and reduction of the prices of the public lands.* A bill making the desired appropriation of three mil- lions was introduced, and passed the House, with the addition of the Wilmot Proviso adopted as an amend- ment after a long and heated debate ; but in the Senate, the amendment was stricken out, and the bill afterwards became a law in its original shape. Bills providing foi the increase of the army by ten regiments, for the ap- pointment of additional officers, and for the construction of four mail- steamers, and the employment of twelve in addition, to be built by private individuals, in the mail service, were passed at this session. At this session, also, an act was passed entitled " an act to provide for continuing a certain public work in the Territory of Wisconsin, and other purposes." This bill was the same, substantially, with that vetoed by the President at the previous session. It was adopted in the House by a vote of 89 to 72, and passed the Senate on the last day of the session. Not having time to examine with sufficient care the details of the bill, or to prepare a * See the Appendix. 294 JAMES KNOX POLK. [1845-9. statement of his objections, the President retained it in his hands until after the adjournment of Congress, wherefore it did not become a law. At an early day in the ensuing session, however, he sent a special message to the House setting forth his reasons for retaining the bill, and his objections to its passage, which were similar to those stated in the Harbor and River Veto, but more elaborately considered, and more fully expressed.* In June, 1847, Mr. Polk, accompanied by Mr. Mason,t attended the commencement ceremonies of his Alma Mater, and shortly thereafter he made a tour through the middle and eastern states, extending his journey as far as Portland, in the state of Maine. In every town and city through which he passed, he was welcomed in an appropriate manner, — such as became the high office which he held by the suffrages of his countrymen, and such as became the freemen, of all parties and creeds, who assembled to do him honor. The elections for members of the thirtieth Congress, resulted unfavorably to the administration, mainly on account of local dissensions in the democratic party in the state of New York. In the House of Representa- tives, the whigs secured a small majority. This Con- gress convened for its first session on the 6th of Decem- * See the Appendix. t Mr. Mason was now the Secretary of the Navy, he having been trans- ferred to that office on the appointment of Mr. Bancroft as minister to England. Nathan Clifford, of Maine, was appointed attorney-general in the place of Mr. Mason. In the winter of 1848, Mr. Cliiford was appointed minister to Mexico, and Isaac Toucey, of Connecticut, was made attorney- general. These were the only changes that took place in Mr. Polk's cabinet. 1845-9.] VIEWS ON THE DEFENSIVE POLICY. 295 ber, 1847, and did not adjourn till the 14th of August, 1848. Robert C. Winthrop, of Massachusetts, was sup- ported bj the whig members for the office of speaker, and was elected on the third ballot, bj five majority over Linn Boyd, of Kentucky, and other democratic candi- dates. The president's message was delivered to the two houses on the Tth instant. Like all his state papers, it was an able document. Topics connected with the war occupied a prominent place in it, and he repeated his recommendation of the former year in regard to the manner in which offensive measures should be prosecuted. It had been suggested in many quarters, that it would be advisable to withdraw the American troops to a de- fensive line, which should be occupied and held until Mexico sued for peace. Mr. Polk was utterly opposed to this course, and ap- proved of a decidedly active policy. " With the views I entertain," said he, " I cannot favor the policy which has been suggested, either to withdraw our army alto- gether, or to retire to a designated line, and simply hold and defend it. To withdraw our army altogether from the conquests they have made by deeds of unparalleled bravery, and at the expense of so much blood and treas- ure, in a just war on our part, and one which, by the act of the enemy, we could not honorably have avoided, would be to degrade the nation in its own estimation and in that of the world. To retire to a line, and simply hold and defend it, would not terminate the war. On the contrary, it would encourage Mexico to persevere, and tend to protract it indefinitely. ^' It is not to be expected that Mexico, after refusing to 296 JAMES KNOX POLK. [1845~9. establish such a line as a permanent boundary, when our victorious army are in possession of her capital, and in the heart of her country, would permit us to hold it with- out resistance. That she would continue the war, and in the most harassing and annoying forms, there can be no doubt. A border warfare of the most savage charac- ter, extending over a long line, would be unceasingly waged. It would require a large army to be kept con- stantly in the field, stationed at posts and garrisons along such a line, to protect and defend it. The enemy, re- lieved from the pressure of our arms on his coasts and in the populous parts of the interior, would direct his atten- tion to this hne, and, selecting an isolated post for attack, would concentrate his forces upon it. This would be a condition of affairs which the Mexicans, pursuing their favorite system of guerilla warfare, would probably prefer to any other. Were we to assume a defensive attitude on such a line, all the advantages of such a state of war would be on the side of the enemy. We could levy no contributions upon him, or in any other way make him feel the pressure of the war, but must remain inactive and await his approach, being in constant uncertainty at what point on the line, or at what time, he might make an assault. "He may assemble and organize an overwhelming force in the interior, on his own side of the line, and, concealing his purpose, make a sudden assault upon some one of our posts so distant from any other as to prevent the possibility of timely succor or reinforcements ; and in this way our gallant army would be exposed to the dan- ger of being cut off in detail ; or if, by their unequalled 1845-9.] VIEWS ON THE DEFENSIVE POLICY. 29T bravery and prowess, everywhere exhibited during this war, they should repulse the enemy, their numbers sta- tioned at any one post may be too small to pursue him. If the enemy be repulsed in one attack, he would have nothing to do but to retreat to his own side of the line, and, being in no fear of a pursuing army, may reinforce himself at leisure, for another attack on the same or some other post. He may, too, cross the line between our posts, make rapid incursions into the country which we hold, murder the inhabitants, commit depredations on them, and then retreat to the interior before a sufficient force can be concentrated to pursue him. Such would probably be the harassing character of a mere defensive war on our part. " If our forces, when attacked, or threatened with attack, be permitted to cross the line, drive back the enemy and conquer him, this would be again to invade the enemy's country, after having lost all the advantages of the conquests we have already made, by having volun- tarily abandoned them. To hold such a line successfully and in security, it is far from being certain that it would not require as large an army as would be necessary to hold all the conquests we have already made, and to con- tinue the prosecution of the war in the heart of the ene- my's country. It is also far from being certain that the expenses of the war would be diminished by such a policy. I am persuaded that the best means of vindicating the national honor and interest, and of bringing the war to an honorable close, will be to prosecute it with increased energy and power in the vital parts of the enemy's coun- try. In my annual message to Congress of December 13* 298 JAMES KNOX POLK. [1845-9. last, I declared that * the war has not been waged with a view to conquest ; but having been commenced by Mex- ico, it has been carried into the enemy's country, and will be vigorously prosecuted there, with a view to obtain an honorable peace, and thereby secure ample indemnity for the expenses of the war, as well as to our much in- jured citizens, who hold pecuniary demands against Mexico.' Such, in my judgment, continues to be our true policy — indeed, the only policy which will probably secure a permanent peace. " It has never been contemplated by me, as an object of the Avar, to make a permanent conquest of the repub- lic of Mexico, or to annihilate her separate existence as an independent nation. On the contrary, it has ever been my desire that she should maintain her nationality, and, under a good government adapted to her condition, be a free, independent, and prosperous republic. The United States were the first amonoj the nations to recoo^- nize her independence, and have always desired to be on terms of amity and good neighborhood with her. This she would not suiter. By her own conduct we have been compelled to engage in the present war. In its prosecu- tion, we seek not her overthrow as a nation ; but, in vin- dicating our national honor, we seek to obtain redress for the wrongs she has done us, and indemnity for our just demands against her. We demand an honorable peace ; and that peace must bring with it indemnity for the past, and security for the future. Hitherto Mexico has refused all accommodation by which such a peace could be obtained. Whilst our armies have advanced from victory to victory, from the commencement of the 1845-9.] OREGON TERRITORIAL BILL. 299 war, it has always been with the olive-branch of peace in their hands ; and it has been in the power of Mexico, at every step, to arrest hostilities by accepting it." The President again earnestly recommended the in- crease of the army. He advised that temporary terri- torial governments should be established in CaUfornia and New Mexico, and that a permanent government should be provided for Oregon. But few acts of general interest were passed. A great part of the session was taken up with the discussion of the war measures, which were rendered unnecessary by the conclusion of the treaty of peace. A loan of sixteen mil- lions of dollars, however, was authorized. When the war bills were under consideration, a warm collateral debate sprung up in the House, upon the refusal to com- municate to that body all the diplomatic correspondence with Mr. Slidell. The President thought the public inter- est required that the correspondence should not be made public, and he declined acceding to the request, in con- formity to the example of Washington with respect to the Jay treaty in 1796, and that of John Quincy Adams in relation to the Panama mission.* In pursuance of the recommendation of the President, a bill providing a territorial government for Oregon was introduced at an early period of the session. In the House, the Wilmot Proviso was again brought forward, and attached to this bill, the supporters and advocates of that measure adhering to it with singular pertinacity, though so often defeated in the attainment of their object. The Senate for a long time refused to permit the passage * Special Message of President Polk, January 12, 1848. 300 JAMES KNOX POLK. [1845-9. of the bill, with this provision forming part of it. At length a sufficient number of senators yielded to the ne- cessity which, as Mr. Polk also thought, required that the territorial government should be organized without delay. The bill was then passed, with the Wilmot Pro- viso attached. Mr. Polk did not regard this Proviso as a violation of the constitution, and he therefore affixed his name to the bill. But he was opposed to the Proviso, and agitation of the slavery question, and deeply lamented that section- al feelings and animosities sliould be so needlessly en- kindled and aroused. In his messao^e to the same Con- CD gress, at the succeeding session, he referred to this ques- tion, as efforts had been made at the session of 1847-8 to incorporate the Proviso in territorial bills for New Mexico and California by which they had been defeated, and expressed his views in clear and forcible terms. " It is our solemn duty," he said, "to provide, with the least practicable delay, for New Mexico and California, regu- larly organized territorial governments. The causes of the failure to do this at the last session, are well known, and deeply to be regretted. With the opening prospects of increased prosperity and national greatness which the acquisition of these rich and extensive territorial posses- sions affords, how irrational it would be to forego or to re- ject these advantages, by the agitation of a domestic question which is coeval with the existence of our govern- ment itself, and to endanger by internal strifes, geo- graphical divisions, and heated contests for political pow- er, or for any other cause, the harmony of the glorious Union of our confederated States ; that Union which binds 1845-9. J THE SLAVERY QUESTION. 301 US together as one people, and which for sixty years has been our shield and protection against every danger. In the eyes of the world and of posterity, how trivial and in- significant will be all our internal divisions and struggles compared with the preservation of tkis Union of the States in all its vigor and with all its countless blessings ! No patriot would foment and excite geographical and section- al divisions. No lover of his country would deliberately calculate the value of the Union. " Future generations would look in amazement upon such a course. Other nations at the present day would look upon it with astonishment ; and such of them as de- sire to maintain and perpetuate thrones and monarchical or aristocratical principles, will view it witli exultation and delight, because in it they will see the elements of faction, which they hope must ultimately overturn our system. Ours is the great example of a prosperous and free self-governed republic, commanding the admiration and the imitation of all the lovers of freedom throughout the world. How solemn, therefore, is the duty, how im- pressive the call upon us and upon all parts of our coun- try, to cultivate a patriotic spirit of harmony, of good fellowship, of compromise and mutual concession, in the administration of the incomparable system of government formed by our fathers in the midst of almost insuperable diflSculties, and transmitted to us with the injunction that we should enjoy its blessings and hand it down unimpair- ed to those who may come after us ! " In view of the high and responsible duties which we owe to ourselves and to mankind, I trust you may be able, at the present session, to approach the adjustment of the 802 JAMES KNOX POLK. [1845-9. only domestic question ^vhich seriously threatens, or pro- bably ever can threaten, to disturb the harmony and successful operation of our system. The immensely val- uable possessions of New Mexico and California are al- ready inhabited by a Considerable population. Attracted by their great fertility, their mineral wealth, their com- mercial advantages and the salubrity of the climate, emi- grants from the older States, in great numbers, are al- ready preparing to seek new homes in these inviting re- gions. Shall the dissimilarity of the domestic institutions in the different States prevent us from providing for them suitable governments ? These institutions existed at the adoption of the constitution, but the obstacles which they interposed were overcome by that spirit of compromise which is now invoked. In a conflict of opinions or of in- terests, real or imaginarj^, betw^een different sections of our country, neither can justly demand all which it might desire to obtain. Eacli, in the true spirit of our institu- tions, should concede something to the other. " Our gallant forces in the Mexican war, by whose patriotism and unparalleled deeds of arms we obtained these possessions as an indemnity for our just demands against Mexico, were composed of citizens who belonged to no one State or section of the Union. They were men from slaveholding and non-slaveholding States, from the North and the South, from the East and the West. They were all companions in arms and fellow-citizens of the same common country, engaged in the same common cause. When prosecuting that war, they were brethren and friends, and shared alike with each other common toils, dangers and sufferings. Now, when their work is 1845-9.] THE SLAVERY QUESTION. §03 ended, when peace is restored, and they return again to their homes, put off the habiliments of war, take their places in society, and resume their pursuits in civil life, surely a spirit of harmony and concession, and of equal regard for the rights of all and of all sections of the Union ought to prevail in providing governments for the acquired territories — the fruits of their common service. The whole people of the United States and of every State contributed to defray the expenses of that war, and it would not be just for any one section to exclude another from all participation in the acquired territory. This would not be in consonance with the just system of gov- ernment which the framers of the constitution adopted. " The question is believed to be rather abstract than practical, whether slavery ever can or would exist in any portion of the acquired territory, even if it were left to the option of the slaveholding States themselves. From the nature of the climate and productions, in much the larger portion of it, it is certain it could never exist ; and in the remainder, the probabilities are it would not. But however this may be, the question, involving, as it does, a principle of equality of rights of the separate and sev- eral States, as equal co-partners in the confederacy, should not be disregarded. " In organizing governments over these Territories, no duty imposed on Congress by the constitution requires tliat they should legislate on the subject of slavery, while their power to do so is not only seriously questioned, but denied by many of the soundest expounders of that instrument. Whether Congress shall legislate or not, the people of the acquired Territories, when assembled 304 JAMES KNOX POLK, [1845-9. in convention to form State constitutions^ will possess the sole and exclusive power to determine for themselves whether slavery shall or shall not exist within their limits. If Congress shall abstain from interfering with the ques- tion, the people of these Territories will be left free to adjust it as they may think proper when they apply for admission as States into the Union. No enactment of Congress could restrain the people of any of the sovereign States of the Union, old or new, north or south, slave- holding or non-slaveholdirig, from determining the char- acter of their own domestic institutions as they may deem wise and proper. Any and all the States possess this right, and Congress cannot deprive them of it. The people of Georgia might, if they chose, so alter their con- stitution as to abolish slavery within its limits ; and the people of Vermont might so alter their constitution as to admit slavery within its limits. Both States would possess the right ; though, as all know, it is not probable that either would exert it. " It is fortunate for the peace and harmony of the Union that this question is in its nature temporary, and can only continue for the brief period which will intervene before California and New Mexico may be admitted as States into the Union. From the tide of population now flowing into them, it is highly probable that this will soon occur. Considering the several States and the citizens of the several States as equals, and entitled to equal rights under the constitution, if this were an original question, it might well be insisted on that the principle of non- interference is the true doctrine, and that Congress could not, in the absence of any express grant of power, inter- 1845-9. J THE EVIL AND THE REMEDY. 305 fere with their relative rights. Upon a great emergency, however, and under menacing dangers to the Union, the Missouri compromise line in respect to slavery was adopted. The same line was extended further west in the acquisition of Texas. After an acquiescence of nearly thirty years in the principle of compromise recognized and established by these acts, and to avoid the danger to the Union which might follow if it were now disregarded, I have heretofore expressed the opinion that that line of compromise should be extended on the parallel of thirty- six degrees thirty minutes from the western boundary of Texas, where it now terminates, to the Pacific Ocean. This is the middle ground of compromise, upon which the different sections of the Union may meet, as they have heretofore met. If this be done, it is confidently believed a large majority of the people of every section of the country, however widely their abstract opinions on the subject of slavery may differ, would cheerfully and patriotically acquiesce in it, and peace and harmony would again fill our borders. " The restriction north of the line was only yielded to in the case of Missouri and Texas upon a principle of compromise, made necessary for the sake of preserving the harmony, and possibly the existence of the Union. It was upon these considerations that at the close of your last session, I gave my sanction to the principle of the Missouri compromise line, by approving and signing the bill to establish ' the Territorial government of Oregon.' From a sincere desire to preserve the harmony of the Union, and in deference for the acts of my predecessors, I felt constrained to yield my acquiescence to the extent 806 JAMES KNOX POLK. [1845-9. to which they had gone m compromising this delicate and dangerous question. But if Congress shall now reverse the decision by which the Missouri compromise was effected, and shall propose to extend the restriction over the whole territory, south as well as north of the parallel of thirty-six degrees thirty minutes, it will cease to be a compromise, and must be regarded as an original ques- tion. If Congress, instead of observing the course of non- interference, leaving the adoption of their own domestic institutions to the people who may inhabit these Territo- tories ; or if, instead of extending the Missouri compro- mise line to the Pacific, shall prefer to submit the legal and constitutional questions which may arise to the deci- sion of the judicial tribunals, as was proposed in a bill which passed the Senate at your last session, an adjust- ment may be effected in this mode. If the Avhole subject be referred to the judiciary, all parts of the Union should cheerfully acquiesce in the final decision of the tribunal created by the constitution for the settlement of all ques- tions which may arise under the constitution, treaties, and laws of the United States. Congress is earnestly invoked, for the sake of the Union, its harmony, and our continued prosperity as a nation, to adjust at its present session this, the only dangerous question which lies in our path — if not in some one of the modes suggested, in some other which may be satisfactory." The national democratic convention assembled at Bal- timore, in May, 1848, to nominate a candidate to succeed Mr. Polk in the chair of state. In compliance with the determination expressed at the time of his acceptance of the presidential nomination in 1844, Mr. Polk declined 1845-9. J THE PRESIDENTIAL ELECTION. 30T permitting his name to be again brought forward as a candidate, in an appropriate letter, addressed to a mem- ber of the convention from his own state. Washington City, May 19, 18-48. Dear Sir — From speculations which have appeared in some of the public journals, and from frequent inquiries which have been made of me, by many political friends, some of them delegates to the Democratic National Convention, which will assemble at Baltimore on the 22d instant, I am induced to suppose that it may be the desire of some of my friends to propose my renomination, as the candidate of the Democratic party, for the office of President of the United States. Should you ascertain that such is the intention of any of the delegates, I desire, through you, to communicate to the Convention that I am not a candidate for the nomina- tion, and tliat any use of my name with that viev/, which may be contemplated, is without any agency or desire on my part. The purpose declared in my letter of the 12th of June, 1844, in accepting the nomination tendered to me by the Democratic National Convention of that year, remains un- changed : and to relieve the Convention from any possible embarrassment which " the suggestion of ni}^ name might produce in making a free selection of a successor who may be best calculated to give effect to their will, and guard all the in- terests of our beloved country," I deem it proper to reiterate the sentiments contained in that letter. Since my election, I have often expressed the sincere desire, which I still feel, to retire to private life at the close of my present term. I entertain the confident hope and behef that my democratic friends of the convention will unite in the harmonious nom- ination of some citizen to succeed me, who, if elected, will firm- ly maintain and carry out the great political principles intro- duced in the resolutions adopted by the Democratic National 308 JAMES KNOX POLK, [1845~9. Convention in 1844 — principles which it has been the earnest endeavor and the constant aim of my administration to pre- serve and pursue — and upon the observance of which, in my opinion, mainly depend the prosperity and permanent welfare of our country. If, on reviewing the history of my administration, and the remarkable events, foreign and domestic, which have attend- ed it, it shall be the judgment of my countrymen that I have adhered to these principles and faithfully performed my duty, the measure of my ambition is full, and I am deeply compen- sated for all the labors, cares, and anxieties, which are insep- arable from the high station which I have been called to fill. I shall ever cherish sentiments of deep gratitude to mj fellow-citizens for the confidence they reposed in me, in ele- vating me to the most distinguished and responsible public trust on earth. It is scarcely necessary that I should add, that it will be no less my duty than it will be my sincere pleasure, as a cit- izen, to unite with my democratic friends in the support of the nominees of the convention, for the offices of President and Vice-President of the United States. With great respect, I am your obedient servant, James K. Polk. To Dr. J. G. M. Habisey. There were two sets of delegates from the State of New York, claiming seats in the Convention. That body refused to decide between them, and admitted both del- egations. Not content with this determination of the question, one of the delegations, who favored the incor- poration of the Wilmot Proviso into the territorial bills, retired from the convention ; they afterward united with a portion of the whigs, and the great body of the abo- litionists, and nominated and supported Mr. Van Buren for President, and Charles F. Adams, of Massachusetts, 1845-9.] LAST MESSAGE. 809 for Vice-President. This disaffection extended through most of the northern States, whereby the democratic party lost Pennsylvania and New York, but gained the State of Ohio. General Cass, the nominee of the Balti- more Convention, was defeated by the whig candidate, General Zachary Taylor, whose popularity, acquired by means of the very war which his supporters condemned, elevated him to the presidential chair, although the elec- tions for members of Congress resulted in the choice of a majority unfriendly to his administration. Congress assembled for the last time during the ad- ministration of Mr. Polk, on the 4th day of December, 1848. The most important subject then agitating the public mind, was that growing out of the Wilmot Proviso, and hence the opinions of Mr. Polk upon this subject, which have been before presented, were made known in his annual message. His vetoes, too, had been attacked, in some of the northern and western States, with great asperity, and an effort to amend the constitution, so as to deprive the executive of this power, was said to be in contemplation. He therefore availed himself of the oc- casion to defend and vindicate his course, and to express his views in opposition to the amendment of the constitu- tion, in the following terms : — " It is not doubted, that if this whole train of measures, [a high protective tariff, a national bank, etc.,] designed to take wealth from the many, and bestow it upon the few, were to pre- vail, the effect would be to change the entire character of the government. Only one danger remains. It is the seductions of that branch of the system, which consistsin internal improvje.; ments, holding out, as it does, inducements to the people of 810 JAMES KNOX POLK. [1845-9. particular sections and localities to embark the government in tliem without stopping to calculate the inevitable conse- quences. This brancli of the system is so intimately com- bined and linked with the others, that as surely as an effect is produced by an adequate cause, if it be resuscitated and revived, and firmly established, it requires no sagacity to fore- see that it will necessarily and speedily draw after it the reestabhshment of a national bank, the revival of a protective tariff", the distribution of the land money, and not only the postponement to the distant future of the payment of the present national debt, but its annual increase. I entertain the solemn conviction, that if the internal im- provement branch of the " American system" be not firmly resisted at this time, the whole series of measures composing it will be speedily reestablished, and the country be thrown back from its present high state of prosperity, which the exist- ing policy has produced, and be destined again to witness all the evils, commercial revulsions, depression of prices, and pecuniary embarrassments, through which we have passed during the last twenty-five years. To guard against consequences so ruinous, is an object of high national importance, involving in my judgment the continued prosperity of the country. I have felt it to be an imperative obligation to withhold my constitutional sanction from t\vo bills which had passed the two houses of Congress, involving the principle of the internal improvement branch of the " American system," and conflicting in their provisions with tlie views here expressed. This power conferred upon the President by the constitu- tion, I have on three occasions, during my administration of the executive department of the government, deemed it my duty to exercise ; and on this last occasion of making to Con- gress an annual communication " of the state of the Union," it is not deemed inappropriate to review the principles and considerations which have governed my action. I deemed 1845-9.] LAST MESSAGE. 811 this the more necessary, because, after the lapse of nearly sixty years since the adoption of the constitution, the propriety of the exercise of this undoubted constitutional power by the President, has for the first time been drawn seriously in ques- tion by a portion of my fellow-citizens. The constitution provides that " every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States : if he approve he shall sign it, but if not, he shall return it Avith his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it." The preservation of the constitution from infraction is the President's highest duty. He is bound to discharge that duty, at whatever hazard of incun-ing the displeasure of those who may differ with him in opinion. He is bound to discharge it, as well by his obligations to the people who have clothed him with his exalted trust, as by his oath of office, which he may not disregard. Kor are the obligations of the President in any degree lessened by the prevalence of views different from his own in one or both houses of Congi-ess. It is not alone hasty and inconsiderate legislation that he is required to check ; but if at any time Congress shall, after apparently full deliberation, resolve on measures which he deems sub- versive of the constitution, or of the vital interests of the country, it is his solemn duty to stand in the breach and re- sist them. The President is bound to approve, or disapprove, every bill which passes Congress and is presented to him for his signature. The constitution makes this his duty, and he cannot escape it if he would. He has no election. In de- ciding upon any bill presented to him, he must exercise his own best judgment. If he cannot approve, the constitution commands him to return the bill to the House in w^hich it originated, with his objections ; and if he fail to do this with- in ten days, (Sunday excepted,) it shall become a law without 312 JAMES KNOX POLK. [1845-9. his signature. Right or wrong, he may be overruled by a vote of two-thirds of each House; and, in that event, the bill be- comes a law without his sanction. If his objections be not thus overruled, the subject is only postponed, and is referred to the States and the people for their consideration and decision. The President's povrer is negative merely, and not affirma- tive. He can enact no law. The only effect, therefore, of his withholding his approval of a bill passed by Congress, is to suffer the existing laws to remain unchanged, and the de- lay occasioned is only that required to enable the States and the people to consider and act upon the subject in the elec- tion of agents who will carry out their wishes and instructions. Any attempt to coerce the President to yield his sanction to measures which he cannot approve, would be a violation of the spirit of the constitution, palpable and flagrant ; and if successful, would break down the independence of the exec- utive department, and make the President, elected by the people, and clothed by the constitution with power to defend their rights, the instrument of a majority of Congress. A surrender, on his part, of the power with which the constitu- tion has invested his office, would effect a practical alteration of that instrument, without resorting to the prescribed pro- cess of amendment With the motives or considerations which may induce Con- gress to pass any bill, the President can have nothing to do. He must presume them to be as pure as his own, and look only to the practical effect of their measures when compared with the constitution or the public good. But it has been urged by those who object to the exercise of this undoubted constitutional power, that it assails the rep- resentative principle and the capacity of the people to govern themselves ; that there is greater safety in a numerous repre- sentative body than in the single Executive created by the constitution, and that the executive veto is a " one-man pow- er/' despotic in its character. To expose the fallacy of this 1845-9.] LAST MESSAGE. 313 objection, it is only necessary to consider the frame and true character of our system. Ours is not a consolidated empire, but a confederated Union. The States, before the adoption of the constitution, were coordinate, coequal, and separate in- dependent sovereignties, and by its adoption they did not lose that character. They clothed the federal government with certain powers, and reserved all others, including their own sovereignty, to themselves. They guarded their own rights as States and the rights of the people, by the very lunitations which they incorporated into the federal constitution, whereby the different departments of the general government were checks upon each other. That the majority should govern, is a general principle, controverted by none ; but they must govern according to the constitution, and not according to an undefined and unrestrained discretion, whereby they may op- press the minority. The people of the United States are not blind to the fact that they may be temporarily misled, and that their represen- tatives, legislative and executive, may be mistaken or influ- enced in their action by improper motives. They have, there- fore, interposed between themselves and the laws which may be passed by their public agents, various representations ; such as assemblies, senates, and governors in their several States ; a House of Representatives, a Senate, and a Presi- dent of the United States. The people can by their own di- rect agency make no law ; nor can the House of Representa- tives, immediately elected by them ; nor can the Senate ; nor can both together, without the concurrence of the President, or a vote of two-thirds of both houses. Happily for themselves, the people, in framing our admira- ble system of government, were conscious of the infirmities of their representatives ; and, in delegating to them the power of legislation, they have fenced them around with checks, to guard against the effects of hasty action, of error, of combina- tion, and of possible corruption. Error, selfishness and faction 14 814 JAMES KNOX POLK. [1845-9. have often sought to rend asunder this web of checks, and subject the government to the control of fanatic and sinister influences ; but these efforts have only satisfied the people of the wisdom of the checks which they have imposed, and of the necessity of preserving them unimpaired. The true theory of our system is not to govern by the acts or decrees of any one set of representatives. The constitu- tion interposes checks upon all branches of the government, in order to give time for error to be corrected and delusion to pass away ; but if the people settle down into a firm convic- tion different from that of their representatives, they give ef- fect to their opinions by changing their public servants. The checks which the people imposed on their public servants in the adoption of the constitution, are the best evidence of their capacity for self-government. They know that the men whom they elect to public stations are of like infirmities and passions with themselves, and not to be trusted without being restricted by coordinate authorities and constitutional limita- tions. Who that has witnessed the legislation of Congress for the last thirty years will say that he knows of no instance in which measures not demanded by the public good have "been carried? Who will deny that in the State govern- ments, by combinations of individuals and sections, in deroga- tion of the general interest, banks have been chartered, sys- tems of internal improvement adopted, and debts entailed upon the people, repressing their growth, and impairing their energies for years to come ? After so much experience, it cannot be said that absolute unchecked power is safe in the hands of any one set of rep- resentatives, or that the capacity of the people for self-gov- ernment, which is admitted in its broadest extent, is a conclu- sive argument to prove the prudence, wisdom, and integrity of their representatives. The people, by the constitution, have commanded the Presi- dent, as much as they have commanded the legislative branch 1845-9.] LAST MESSAGE. 315 of the government, to execute their will. They have said to him in the constitution, which they require he shall take a solemn oath to support, that if Congress pass any bill which he cannot approve, " he shall return it to the House in which it originated, with his objections." In withholding from it his approval and signature, he is executing the will of the people constitutionally expressed, as much as the Congress that passed it. No bill is presumed to be in accordance with the popular will until it shall have passed through all the branches of the government required by the constitution to make it a law. A bill which passes the House of Represen- tatives may be rejected by the Senate ; and so a bill passed by the Senate may be rejected by the House. In each case, the respective houses exercise the veto power on the other. Congress, and each House of Congress, hold under the con- stitution a check upon the President, and he, by the power of the qualified veto, a check upon Congress. When the President recommends measures to Congress, he avows, in the most solemn form, his opinions, gives his voice in their favor, and pledges himself in advance to approve them if passed by Congress. If he acts Avithout due consideration, or has been influenced by improper or corrupt motives — or if, from any other cause. Congress, or either House of Con- gress, shall differ with him in opinion, they exercise their veto upon his recommendations, and reject them ; and there is no appeal from their decision, but to the people at the ballot- box. These are proper checks upon the Executive wisely in- terposed by the constitution. None will be found to object to them, or to wish them removed. It is equally important that the constitutional checks of the Executive upon the legis- lative branch should be preserved. If it be said that the representatives in the popular branch of Congress are chosen directly by the people, it is answered, the people elect the President. If both houses represent the States and the people, so does the President. The President 316 JAMES KNOX POLK. fl845~9. represents in the executive department the whole people of the United States, as each member of the legislative depart- ment represents portions of them. The doctrines of restriction upon legislative and executive power, while a well-settled public opinion is enabled within a reasonable time to accomplish its ends, has made our country what it is, and has opened to us a career of glory and happi- ness to which all other nations have been strangers. In the exercise of the power of the veto, the President is responsible not only to an enlightened public opinion, but to the people of the whole Union, who elected him, as the rep- resentatives in the legislative branches, who differ with him in opinion, are responsible to the people of particular States, or districts, who compose their respective constituencies. To deny to the President the exercise of this power, would be to repeal that provision of the constitution which confers it upon him. To charge that its exercise unduly controls the legisla- tive will, is to complain of the constitution itself. If the presidential veto be objected to upon the ground that it checks and thwarts the public will, upon the same principle the equality of representation of the States in the Senate should be stricken out of the constitution. The vote of a Senator from Delaware has equal weight in deciding upon the most important measures with a vote of a Senator from New York ; and yet the one represents a State contain- ing, according to the existing apportionment of representa- tives in the House of Representatives, but one thirty-fourth part of the population of the other. By the constitutional composition of the Senate, a majority of that body from the smaller States represents less than one-fourth of the people of the Union. There are thirty States ; and, under the exist- ing apportionment of representatives, there are two hundred and thirty members in the House of Representatives. Six- teen of the smaller States are represented in that House by but fifty members ; and yet the Senators from these States 1845-9. J LAST MESSAGE. 317 constitute a majority of the Senate. So that the President may recommend a measure to Congress, and it may receive the sanction and approval of more than three-fourths of the House of Representatives, and of all the senators from the large States, containing more than three-fourths of the whole population of the United States ; and yet the measure may be defeated by the votes of the Senators from the smaller States. None, it is presumed, can be found ready to change the organization of the Senate on this account, or to strike that body practically out of existence, by requiring that its action shall be conformed to the will of the more numerous branch. Upon the same- principle that the veto of the President should be practically abolished, the power of the Vice-Presi- dent to give the casting vote upon an equal division of the Senate should be abolished also. The Vice-President exer- cises the veto power as effectually by rejecting a bill by his casting vote, as the President does by refusing to approve and sign it. This power has been exercised by the Vice- President in a few instances, the most important of which was the rejection of the bill to recharter the Bank of the United States in 1811. It may happen that a bill may be passed by a large majority of the House of Representatives, and rnay be supported by the senators from the larger States, and the Vice-President may reject it by giving his vote with the sena- tors from the smaller States ; and yet none, it is presumed, are prepared to deny to him the exercise of this power under the constitution. But it is, in point of fact, untrue that an act passed by Congress is conclusive evidence that it is an emanation of the popular will. A majority of the whole number elected to each house of Congress constitutes a quorum, and a majority of that quorum is competent to pass laws. It might happen that a quorum of the House of Representatives, consisting of a single member more than half of the wHole number elected 818 JAMES KNOX POLK. [1845-9. to that house, might pass a bill by a majority of a single vote, and in that case a fraction more than one-fourth of the people of the United States, would be represented by those who voted for it. It might happen that the same bill might be passed by a majority of one, of a quorum of a Senate, composed of senators from the fifteen smaller States, and a single senator from a sixteenth State, and if the senators vot- ing for it happened to be from the eight of the smallest of these States, it would be passed by the votes of senators from States having but fourteen representatives in the House of Representatives, and containing less than one-sixteenth of the "whole population of the United States. This extreme case is stated to illustrate the fact, that the mere passage of a bill by Congress is no conclusive evidence that those who passed it represent the majority of the people of the United States, or truly reflect their will. If such an extreme case is not likely to happen, cases that approximate it are of constant occur- rence. It is believed that not a single law has been passed since the adoption of the constitution, upon which all the members elected to both houses have been present and voted. Many of the most important acts which have passed Congress have been carried by a close vote in thin houses. Many in- stances of this might be given. Indeed, our experience proves that many of the most important acts of C ongress are post- poned to the last days, and often the last hours of a session, when they are disposed of in haste, and by houses but little exceeding the number necessary to form a quorum. ' Besides, in most of the States the members of the House of Representatives are chosen by pluralities, and not by ma-* jorities of all the voters in their respective districts ; and it may happen that a majority of that House may be returned by a less aggregate vote of the people than that received by minority. If the principle insisted on be sound, then the constitution should be so changed that no bill shall become a law unless 1845-9.J LAvST MESSAGE. 319 it is voted for by members representing in each House a ma- jority of the whole people of the United States. We must re-model our whole system, strike down and abolish not only the salutary checks lodged in the executive branch, but must strike out and abolish those lodged in the Senate also, and thus practically invest the whole power of the government in a majority or a single assembly — a majority uncontrolled and absolute, and which may become despotic. To conform to this doctrine of tlie right of majorities to rule, independent of the cliecks and limitations of the constitution, we must revo- lutionize our whole system. We must destroy the constitu- tional compact by which the several States agreed to form a federal Union, and rush into consolidation, which must end in monarchy or despotism. No one advocates such a proposi- tion ; and yet the doctrine maintained, if carried out, must lead to this result. One great object of the constitution in conferring upon the President a qualified negative upon the legislation of Congress, was to protect minorities from injustice and oppression by majorities. The equality of their representation in the Senate, and the veto power of the President, are the constitutional guaranties which the smaller States have that their rights will be respected. Without these guaranties, all their interests would be at the mercy of majorities in Congress representing the laro-er States. To the smaller and weaker States, there- fore, the preservation of this power, and its exercise upon proper occasions demanding it, is of vital importance. They ratified the constitution, and entered into the Union, securing to themselves an equal representation with the larger States in the Senate ; and they agreed to be bound by all laws passed by Congress upon the express condition, and none other, that they should be approved by the President, or passed, his objections to the contrary notwithstanding, by a vote of two-thirds of both Houses. Upon this condition they have a right to insist, as a part of the compact to which they gave their assent. 820 JAMES KNOX POLK. [1845-9. A bill might be passed by Congress against the will of the whole people of a particular State, and against the votes of its senators and all its representatives. However prejudicial it might be to the interest of such State, it would be bound b}^ it if the President shall approve it, or it should be passed by a vote of two-thirds of both houses ; but it has a right to demand that the President shall exercise his constitutional power, and arrest it, if his judgment is against it. If he sur- render this power, or fail to exercise it in a case where he cannot approve, it would make his formal approval a mere mockery, and would be itself a violation of the constitution, and the dissenting State would become bound by a law which had not been passed according to the sanction of the constitution. The o-bjection to the exercise of the veto power is founded upon an idea respecting the popular will which, if carried out, would annihilate State sovereignty, and substitute for the present federal government a consolidation, directed by a sup- posed numerical majority. A revolution of the government would be silently effected, and the States would be sub- jected to laws to which they had never given their constitu- tional consent. The Supreme Court of the United States is invested with the power to declare, and has declared, acts of Congress passed with the concurrence of the Senate, the House of Rep- presentatives, and the approval of the President, to be uncon- stitutional and void, and yet none, it is presumed, can be found, who will be disposed to strip this highest judicial trib- unal under the constitution of this acknowledged poAver — a power necessary alike to its independence and the rights of individuals. For the same reason that the Executive veto should, ac- cording to the doctrine maintained, be rendered nugatory and be practically expunged from the constitution, this power of the court should also be rendered nugatory and be expunged, because it ^'"«+vains the legislative and executive v^^ill, and be- 1845-9. J LAST MESSAGE. 321 cause the exercise of such a power by the court may be regarded as being in conflict with the capacity of the people to govern themselves. Indeed, there is more reason for striking this power of the court from the constitution than there is that of the qualified veto of the President ; because the decision of the court is final, and can never be reversed, even though both houses of Congress and the President should be unanimous in opposition to it ; whereas the veto of the President may be overruled by a vote of two-thirds of both houses of Congress, or by the people at the polls. It is obvious that to preserve the system estabhshed by the constitution, each of tlie coordinate branches of the govern- ment — the executive, legislative, and judicial — must be left in the exercise of its appropriate powers. If the executive of the judicial branch be deprived of powers conferred upon either as checks on the legislative, the preponderance of the latter will become disproportionate and absorbing, and the others impotent for the accomplishment of the great objects for which they were established. Organized as tliey are by the constitution, they work together harmoniously for the pub- lic good. If the executive and the judiciary shall be deprived of the constitutional powers invested in them, and of their due proportions, the equilibrium of the system must be destroyed, and consolidation, with the most pernicious results, must en- sue — a consohdation of uncliecked, despotic power exercised by majorities of the legislative branch. The executive, legislative, and judicial, each constitutes a separate coordinate department of the government, and each is independent of the others. In the performance of their respective duties under the constitution, neither can, in its legitimate action, control the others. They each act upon their several responsibilities in their respective spheres ; but if the doctrines now maintained be correct, the executive must become practically subordinate to the legislative, and the ju- diciary must become subordinate to both the legislative and 14* 822 JAMES KNOX POLK. [1845-9. the executive ; and thus the whole power of the government would be merged in a single department. Whenever, if ever, this shall occur, our glorious system of well-regulated self- government will crumble into ruins — to be succeeded first by anarchy, and finally by monarchy or despotism. I am far from believing that this doctrine is the sentiment of the American people ; and during the short period which remains in which it will be my duty to administer the executive de- partment, it will be my aim to maintain its independence, and discharge its duties, Avithout infringing upon the powers or du- ties of either of the other departments of the government. The power of the executive veto was exercised by the first and most illustrious of my predecessors, and by four of his successors who preceded me in the administration of the government, and, it is believed, in no instance prejudicially to the public interests. It has never been, and there is but lit- tle danger that it ever can be abused. No President will ever desire, unnecessarily, to place his opinion in opposition to that of Congress. He must always exercise the power reluctantly, and only in cases where his convictions make it a matter of stern duty, which he cannot escape. Indeed, there is more danger that the President, from the repugnance he must always feel to come in collision with Congress, may fail to exercise it in cases where the preservation of the con- stitution from infraction, or the public good may demand it, than that he will ever exercise it unnecessarily or wantonly. During the period I have administered the executive de- partment of the government, great and important questions of public policy, foreign and domestic, have arisen, upon which it was my duty to act. It may indeed be truly said that my administration has fallen upon eventful times. I have felt most sensibly the weight of the high responsibilities devolved upon me. With no other object than the public good, the enduring fame, and permanent prosperity of my country, I have pursued the convictions of my own best 1845-9.] INAUGURATION OF HIS SUCCESSOR. 323 judgment. The impartial arbitrament of enlightened public opinion, present and future, ^-ill determine how far the pub- lic policy I have maintained, and the measures I have from time to time recommended, may have intended to advance or retard the public prosperity at home, and to elevate or de- press the estimate of our national character abroad. Invoking the blessings of the Almighty upon your deliber- ations at your present important session, my ardent hope is, that, in a spirit of harmony and concord, you may be guided to wise results, and such as may redound to the happiness, the honor, and the glory of our beloved country." No matters of legislation of general and permanent importance were definitely acted on at this session. The discussion of various territorial bills for New Mexico and California occupied nearly the whole time, but in conse- quence of the continued agitation of the slavery question, none were passed. The adjournment took place on the third day of March, 1849, and on the 5th instant — the 4th happening on Sunday — General Taylor was duly inaugurated as the successor of Mr. Polk. The latter took part in tlie ceremonies, and rode beside General Taylor in the carriage that conveyed them to the capitol. He was, also, one of the first to congratulate him at the close of his inaugural address, rejoicing, meanwhile, that he was himself relieved from the cares and anxieties of public life. In the afternoon of the 5th inst, Mr. and Mrs. Polk took leave of their friends — many words of minsjled reo-ret and endearment beina; uttered on both sides — and in the evening commenced their return jour- ney to their home in Tennessee, by way of Richmond, Charleston, and New Orleans. 324 JAMES KNOX POLK. [1845-9. Thus ended the administration of Mr. Polk. To say that it was an able one, would be but feeble praise. It was more important than any which had intervened be- tween it and the administration of Mr. Madison. It was full of great events. The settlement of the Oregon Question, the w^ar with Mexico, and the acquisition of California, will cause it to be long remembered. Ages hence, if the God of nations shall continue to smile upon our favored land, the dweller on the banks of the Missis- sippi, as lie gazes on the mighty current that laves his feet, and beholds it reaching forth, like a giant, its hundred arms, and gathering the produce of that noble valley into its bosom, will bless the name of Thomas Jefferson. So, too, the citizen of California or Oregon, when he sees their harbors filled with stately argosies, richly-freighted with golden sands, or with the silks and spices of the Old World, will offer his tribute, dictated by a grateful heart, to the memory of James K. Polk. At home, his administration was well conducted. Though the war with Mexico was actively prosecuted for a period of nearly two years, the national debt was not largely or oppressively increased, and the pecuniary credit of the government was at all times maintained ; more than double the premiums realized in the war of 1812, being procured for stock and treasury notes. Com- merce, agriculture, and every art and occupation of in- dustry, flourished during this period ; happiness and prosperity dwelt in every habitation. In the manage- ment of our foreign relations, ability, skill, and prudence, were displayed. Our rights were respected ; our honor defended ; and our national character elevated still higher in the estimation of forei^rn governments and their people. CHAPTER Xr. Return to Tennessee — Speech at Richmond — Arrival Home — Prospects for the Future— Vanity of Human Hopes and Expectations — His Death- Funeral Honors — Personal Appearance and Character — Conclusion. If Mr. Polk was gratified with the enthusiastic demon- strations of regard that attended him on his journey to Washington in the spring of 1845, to enter upon the du- ties of his administration, — he was far more sincerely pleased, with the kindly greetings that everywhere wel- comed him as he returned to his home in Tennessee. The one mio^ht have been selfish, for he had then ofiice and patronage to bestow ; but the other was the genuine homage of the heart ; a voluntary offering to the man, and not to the President. At Richmond, he was complimented with a public re- ception by the citizens, and the Legislature of Virginia, which was then in session. In reply to an eloquent ad- dress from the Speaker of the House of Delegates, the ex-President returned his hearty thanks for the high honor accorded to him by the legislature of a State for which he cherished the most profound veneration, and from whose political apostles he had imbibed his appre- ciation of the great principles of constitutional liberty. He was, he said, taken by surprise at the manner of his reception ; and to be thus received, when he had just laid 326 JAMES KNOX POLK. [1849. down power, and was no longer clothed with the patron- age of the government, filled him with gratitude. He felt proud, too, that he was " no more a servant of the people, but had become a sovereign." He spoke, also, of the greatness of the country, and of the value and im- portance of the Union. " Preserv^e this union," he de- clared, " and the march of our country in prosperity and greatness will be rapid beyond comparison, and her ripened glory will surpass that of ancient Rome, the mis- tress of the world." At Wilmington, North Carolina, the people of his na- tive state came together in crowds, to welcome him. Ex- tensive preparations had been made for his reception, and in replying to the orator who addressed him, he said : ^' You remark truly, sir, that I still cherish affection for my native state. I receive its welcome as the blessing of an honored parent. North Carolina can boast of glo- rious reminiscences, and is entitled to rank with, or far above, many who make greater pretensions. It was from her — her counties of Mecklenburg, New Hanover, and Bladen, that the news of treason in the colonies first went to the ears of the British monarch, and here was the spirit of independence first aroused." At Charleston, Savannah, and New Orleans — at every place where he paused upon his route — welcomes and con- gratulations WTre liberally showered upon his head ; and prayers and blessings innumerable attended him, like ministering angels, to the home from which he had gone forth in early manhood to carve out his destiny, and to which he now returned, with the harvest of fame he had gathered. 1845-9. j EMPLOYMENT OF HIS TIME. 327 Previous to his return to Tennessee, Mr. Polk had purchased the mansion and grounds formerly belonging to his friend and preceptor, Mr. Grundj, and situate in the heart of the citj of Nashville. Here, surrounded by the comforts and conveniences which an ample fortune enabled him to procure, — in the sweet companionship of his wife, of books, and of the friends whom he loved and esteemed, — he determined to pass the remainder of his days in ease and retirement, fulfilling his duty to himself and to the world, but not entering again into public life. He had discovered, from his own experience, that an '' aching heart was the price of a diadem," and he longed to enjoy the quiet and tranquillity which seemed to woo him with their smiles. His constitution appeared to be unimpaired ; a life of strict temperance, approach- ing to abstemiousness, seemed to promise a continuance of health for many years ; and nearly one-third of man's allotted pilgrimage was 3^et before him. But the hopes and expectations of man are like the mists of the morning, — as empty and as fleeting. No rank or station — no honor or reputation — no talents or advantages — can protect him from his destiny. " The statesman's fame Will fade, the conqueror's laurel croAvn grow sear ; Fame's loudest trump, upon the ear of Time Leaves but a dying echo." The year 1849 will not be soon forgotten in the valley of the Mississippi ; but the fearful ravages of the Asiatic cholera, which it witnessed, will be long remembered in sorrow and pain. On his way up the Mississippi from New Orleans, in the month of March, Mr. Polk had suf- 328 JAMES KNOX POLK. [1849. fered considerably from diarrhoea ; but the use of medi- cine, and a proper attention to regimen, checked the attack, and it seemed entirely to pass off, leaving him in apparent good health. He was somewhat enervated, however, by the fatigue consequent upon his journey, and the acknowledgment of the kind civilities extended to him ; and when he arrived at Nashville, his whole system was enfeebled. " Having taken up his abode here," says one of his friends and neighbors, " he gave himself up to the im- provement of his grounds, and was seen every day about his dwelling, aiding and directing the workmen he had employed ; now overlooking a carpenter, now giving in- structions to a gardener, often attended by Mrs. Polk, whose exquisite taste constituted the element of every im- provement. It is not a fortnight since I saw him on his lawn, directing some men who were removing decay- ing cedars. I was struck with his erect and health- ful bearing, and the active energy of his manner, which gave promise of long life. His flowing gray locks alone made him appear beyond the middle-age of life. He seemed in full health. The next day being rainy, he re- mained within, and began to arrange his large library ; and the labor of reaching books from the floor and placing them on the shelves, brought on fatigue and slight fever, which the next day assumed the character of disease in the form of chronic diarrhoea, which was with him a com- plaint of many years' standing, and readily induced upon his system by any over-exertion. " For the first three days, his friends felt no alarm. But the disease baflling the skill of his physicians, Dr. 1849. J ILLNESS AND DEATH. 829 Haj, his brother-in-law, and family physician for twenty years, was sent for from Columbia. But the skill and experience of this gentleman, aided by the highest medi- cal talent, proved of no avail. Mr. Polk continued gradu- ally to sink from day to day. The disease was checked upon him four days before his death, but his constitution was so weakened, that there did not remain recuperative energy enough in the system for healthy reaction. He sunk away so slowly and insensibly, that the heavy death respirations commenced eight hours before he died. He died without a struggle, simply ceasing to breathe, as when deep and quiet sleep falls upon a weary man. About half an hour preceding his death, his venerable mother entered the room, and kneeling by his bedside, offered up a beautiful prayer to the ' king of kings and lord of lords,' committing the soul of her son to his holy keeping." Others beside that pious mother watched for the de- parting of the spirit. The wife and the brother were there overcome with grief. But he had already taken leave of those who were so dear, and, like Russell, he could say, '^ the bitterness of death was passed." The death of Mr. Polk occurred on the 15th day of June, 1849, and in the 54th year of his age. The fune- ral ceremonies took place on the following day ; all busi- ness was suspended in Nashville ; and the cortege that accompanied his remains to their final resting place, was composed of almost the entire population of the city and the adjacent country. He was dressed in a plain suit of black, and a copy of the constitution of the United States, which had ever been the guide of his counsels, was 330 JAMES KNOX POLK. [1849. plac '(I at his feet. Upon the plate of his coffin was a simple inscription, embracing his name, and the date of his birth and of his decease. When the death of Mr. Polk was announced at Wash- ington, suitable honors were directed to be paid to his memory by all the departments of the government, and by the army and navy. Similar manifestations of sor- row and respect were witnessed in every quarter of the Union. Mr. Polk had no children. He had, however, adopted a son of his brother Marshall, to whom and to Mrs. Polk, the greater part of his property was bequeathed. In stature Mr. Polk was but little above the average height, and his form was spare. His forehead was high, broad, and full, and he had clear expressive eyes. His look was ordinarily calm and thoughtful, but the serious cast of his peculiar countenance, which at times appeared almost repulsive, was easily lighted up by the pleasant smile that indicated the warmth of his heart. He was simple and plain in all his habits. His pri- vate life was upright and blameless. Honesty and in- tegrity characterized his intercourse with his fellow-men ; fidelity and affection his relations to his family. In his friendships he was frank and sincere ; and courteous and affable in his disposition. He was generous and benevo- lent ; but his charities, like his character, were unosten- tatious. He was pious, too, sincerely and truly; his wife was a member of the Presbyterian church, but he never united with any denomination, though on his dying bed he received the rite of baptism at the hands of a Methodist clergymen, an old neighbor and friend. Yet, 1849.J PERSONAL APPEARANCE. 331 he made no loud professions of his sentiments. " Relig- ion is the very best possession in the world, and the last to be spoken of. It should dwell quietly in the heart, and rule the life ; not be hawked about as a commodity ; nor scoured up like a rusty buckler for protection ; nor be worn over the shoulders like a blanket for defence."* As a statesman, he was firm in the maintenance of his opinions, but not stubborn or self-willed. He possessed moral courage in an eminent degree, and practical good sense. " He was the master of himself and of his emo- tions." He was cautious and circumspect, prudent and sagacious. Not inclined to sudden innovations, he nev- ertheless kept pace with the progressive tendency of the age, and sought, so far as lay in his power, to regulate and control it aright. His mind was clear and compre- hensive, and well- balanced and well-disciplined ; the meas- ures which he recommended, therefore, were practical, and not visionary. He was a Jeffersonian democrat, in practice and in principle. He belonged to the strict con- struction school. He was devotedly attached to the fed- eral constitution, and in favor of a literal adherence to its provisions, at all times and under all circumstances ; for, as it seemed to him, the spirit would not long remain, when the plain letter was disregarded. His style as a writer was clear and correct, possessing neither redundancy nor ornament, but he was sometimes inclined to become diffuse, on account of the copiousness of his ideas. His manner as a speaker accorded with the character of his audience. On the stump, or in ad- dressing a popular assembly, he was impassioned and en- * Bancroft. 332 JAMES KNOX POLK. [1849« thusiastic, and every lineament of his face glowed with animation. But in addressing a deliberative body, his earnestness was tempered with gravity and dignity, and he won the attention, and captivated the minds, of those who listened to him, *' With an eloquence, — not like those rills from a height. Which sparkle, and foam, and in vapor are o'er ; But a current that works out its way into light, Through the filtering recesses of thought and of lore." In a word, he was " an upright and virtuous citizen, whose life, from the cradle to the days of opening man- hood, from manhood to the close of his earthly career, had been constantly marked with the amiable and un- ostentatious display of all those moral graces which se- cure repose and happiness to the social circle;"* and in his public capacity, he illustrated the sentiment of the Roman historian, " Par negotiis, neque supra^^^i — he was equal to his duty, and not above it 1 There is a moral presented in the life and character of James K. Polk, which should not be passed over. Born of humble but respectable parents, and favored by no adventitious circumstances, he raised himself by the force of his own merit, by his talents, his industry, energy, and perseverance, to the highest station in the land. And this was no idle achievement. It was something of which he might justly have been proud ; and others might take pride in imitating his example. Hope and Ambition — the Castor and Pollux, twin- sharers of immortality — these are the household gods * Eulogy of Hon. H. S. Foote. t Tacitus, Annal. vi. 89, 1849. J CONCLUSION. 333 which the young man should cherish on his hearth- stone. As in the beautiful Scandinavian myth, three weird sisters preserve the Ash tree from perishing, so they must sustain and support him. The Past is his for example — the Present is his for profit — and the Future may be his for reward I APPENDIX SPECIAL MESSAGE ON INTERNAL IMPROVEMENTS, DECEMBER 15th, 1847. To the House of Represenfatites : On the last day of the last session of Congress, a bill, entitled " An act to provide for continuing certain works in the Territory of Wis- consin, and lor other purposes," which had passed both Houses, was presented to me for my approval. I entertained insuperable objections to its becon)ing a law; but the short period of the session which re- mained afforded me no sufficient opportunity to prepare my objections, and communicate them, with the bill, to the House of Representatives, in which it originated. For this reason the bill was retained, and I deem it proper now to state my objections to it. Although, from the title of the bill, it would seem that its main object was to make provision for continuing certain works already commenced in the Territory of VVisconsin, it appears, on examination of its pro- visions, that it contains only a single appropriation of six thousand dollars to be applied within that Territory, while it appropriates more than half a million of dollars for the improvement of numerous harbors and rivers lying within the limits and jurisdiction of several of the States of the Union. At the preceding session of Congress it became my duty to return, with my objections, to the House in which it originated, a bill making similar appropriations, and involving like principles, and the views then expressed remain unchanged. The circumstances under which this heavy expenditure of public money was proposed were of imposing weight in determining upon its expediency. Congress had recognized the existence of war with Mexico, and to prosecute it to " a speedy and successful termination" had made appropriations exceeding our ordinary revenues To meet 15 338 SPECIAL MESSAGE the emergency, and provide for the expenses of the G«vernment, a loan of twenty-three millions of dollars was avithorized at the same session, which has since been negotiated. The practical effect of this bill, had it become a law. would have been to add the whole amount appropriated by it to the national debt. It would, in fact, have made necessary an additional loan to that amount, as effectually as if in terms it had required the Secretary of the Treasury to borrow the money therein appropriated. The main question ia that aspect is, whether it is wise, while all the means and credit of the Government are needed to bring the existing war to an honorable close, to impair the one and endanger the other by borrowing money to be expended in a system of internal improvements capable of an expansion sufficient to swallow i3p the revenues not oniy of our own country, but of the civilized world. It is to be apprehended, that, by entering upon such a career at this moment, confidence, at home and abroad, in the wisdom and prudence of the Government, would be so far impaired as to make it difficult, without an imm.ediate resort to hea,vy taxation, to maintain the public credit and to preserve the honor of the nation and the glory of our arms, in prosecuting the existing war to a successful conclusion. Had this bill become a Jaw, it is easy to foresee that largely increased demands upon the Treasury would have been made at each succeed- ing session of Congress, for the impi'ovem&nto-f numerous r4;her harbors, bays, inlets, and rivers, of equal importance with those embraced by its provisions. Many millions would probably have been added to the necessary amount of the war debt, the annual interest on which must also have been borrowed, and finally a permanent national debt beea fastened on the country and entailed on posterity. The policy of embarking the Federal Government in a general sys- tem of internal improvements had its origin but little more than twenty years ago. In a very few years the applications to Congress for ap- propriations in furtherance of such objects exceeded two hundred mil- lions of dollars. In this alarming crisis President Jackson refused to approve and sign the Maysville Road bill, the Wabash River bill, and other bills of similar character. His interposition put a check upon the new policy of throwing the cost of local improvements upon the National Treasury, preserved the revenues of the nation for their legiti- mate objects, by which he was enabled to extinguish the then existing public debt, and to present to an admiring world the unprecedented spectacle in modern times of a nation free from debt, and advancing to greatness with unequalled strides, under a Government which was content to act within its appropriate sphere in protecting the States and individuals in their own chosen career of improvement and of en- terprise. Although the bill under consideration proposes no appropria- ON INTERNAL IMPROVEMENTS. 339 tion for a road or canal, it is not easy to perceive the difference in prin- ciple or mischievous tendency between appropriations for making roads and digging canals, and appropriations to deepen rivers and improve harbors. All are alike within the limits and jurisdiction of the States, and rivers and harbors alone open an abyss of expenditure sufficient to swallow up the wealth of the nation, and load it with a debt which may fetter its energies and tax its industry for ages to come. The experience of several of the States, as well as that of the United States, during the period that Congress exercised the power of appropriating the public money for internal improvements, is full of eloquent warnings. It seems impossible, in the nature of the subject, as connected with local representation, that the several objects pre- sented for improvement shall be weighed according to their respective merits, and appropriations confined to those whose importance would justify a tax on the whole community to effect their accomplishment. In some of the States systems of internal improvements have been projected, consisting of roads and canals, many of which, taken sep- arately, were not of sufficient public importance to justify a tax on the entire population of the State to effect their construction ; and yet, by a combination of local interests, operating on a majority o^ the Letr- islature, the whole has been authorized, and the States plunged into heavy debts. To an extent so ruinous has this system of legislation been carried in some portions of the Union, that the people have found it necessary to their own safety and prosperity to forbid tlieir Legisla- tures, by constitutional restrictions, to contract public debts for such purposes without their immediate consent. If the abuse of power has been so fatal in the States, where the systems of taxation are direct, and representatives responsible at short periods to small masses of constituents, how much greater danger of abuse is to be apprehended in the General Government, whose revenues are raised by indirect taxation, and whose functionaries are responsi- ble to the people in larger masses and for longer terms 1 Regarding only objects of improvement of the nature of those em- braced in this bill, how inexhaustible we shall find them. Let the imagination run along our coast, from the river St. Croix to the Rio Grande, and trace every river emptying into the Atlantic and Gulf of Mexico to its source ; let it coast along our lakes and ascend all their tributaries; let it pass to Oregon, and explore all its bays, inlets, and streams; and then let it raise the curtain of the future, and contemplate the extent of this Republic, and the objects of improvement it will em- brace, as it advances to its high destiny, and the mind will be startled at the immensity and danger of the power which the principle of this bill involves. 340 SPECIAL MESSAGE Already our Confederacy consists of twenty-nine States. Other States may at no distant period be expected to be formed on the west of our present settlements. We own an extensive country in Oregon, stretching many hundreds of miles from east to west, and seven de- grees of latitude from south to north. By the admission of Texas into the Union we have recently added many hundreds of miles to our sea- coast. In all this vast country, bordering on the Atlantic and Pacific, there are many thousands of bays, inlets, and rivers equally entitled to appropriations for their improvement with the objects embraced in this bill. We have seen in our States that the interests of individuals or neigh- borhoods, combining against the general interest, have involved their Governments in debts and bankruptcy ; and when the system prevailed in the General Government, and was checked by President Jackson, it had begun to be considered the highest merit in a member of Congress to be able to procure appropriations of public money to be expended within his district or State, whatever might be the objects. We should be blind to the experience of the past if we did not see abundant evi- dences that, if this system of expenditure is to be indulged in, combina- tions of individual and local interests will be found strong enough to control legislation, absorb the revenues of the country, and plunge the Government into a hopeless indebtedness. What is denominated a harbor by this system does not necessarily mean a bay, inlet, or arm of the sea on the ocean or on our lake shores, on the margin of which may exist a commercial city or town engaged in foreign or domestic trade, but is made to embrace waters where there is not only no such city or town, but no commerce of any kind. By it a bay or sheet of shoal water is called a harhor, and appropriations demanded from Congress to deepen it, with a view to draw commerce to it, or to enable individuals to build up a town or city on its margin, upon speculation, and for their own private advantage. What is denominated a river, which may be improved, in the system, is equally undefined in its meaning. It may be the Mississippi, or it may be the smallest and most obscure and unimportant stream bearing the name of river which is to be found in any State in the Union. Such a system is subject, moreover, to be perverted to the accomplish- ment of the worst of political purposes. During the few years it was in full operation, and which immediately preceded the veto of President Jackson of the Maysville Road bill instances were numerous of public men seeking to gain popular favor by holding out to the people inter- ested in particular localities the promise of large disbursements of public money. Numerous reconnoissances and surveys were made during that period for roads and canals through many parts of the ON INTERNAL IMPROVEMENTS. 341 Union, and the people in the vicinity of each were led to believe that their property would be enhanced in value and they themselves be enriched by tlie large expenditures which they were promised by the advocates of the system should be made from the Federal Treasury in their neighborhood. Whole sections of the country were thus sought to be influenced, and the system was fast becoming one not only of profuse and wasteful expenditure, but a potent political engine. If the power to improve a harbor be admitted, it is not easy to per- ceive how the power to deepen every inlet on the ocean or the lakes, and make harbors where there are none, can be denied. If the power to clear out or deepen the channel of rivers near their mouths be ad- mitted, it is not easy to perceive how the power to iaiprove them to their fountain head and make them navigable to their sources can be denied. Where shall the exercise of the power, if it be assumed, stop 1 Has Congress the power, when an inlet is deep enough to admit a schooner, to deepen it still more so that it will admit ships of heavy burden; and has it not the power, when an inlet will admit a boat, to make it deep enough to admit a schooner 1 May it improve rivers deep enough already to float ships and steamboats, and has it no power to improve those which are navigable only for flat-boats and barges'? May the General Government exercise power and jurisdic- tion over the soil of a State consisting of rocks and sand-bars in the beds of its rivers, and may it not excavate a canal round its water- falls or across its lands for precisely the same object 1 Giving to the subject the most serious and candid consideration of which my mind is capable, I cannot perceive any intermediate grounds. The power to improve harbors and rivers for purposes of navigation, by deepening or clearing out, by dams and slu'ces, by locking or canalling, must be admitted without any other limitation than the dis- cretion of Congress, or it must be denied altogether. If it be admitted, how broad and how susceptible of enormous abuses is the power thus vested in the General Government'? There is not an inlet of the ocean or the lakes, not a river, creek, or streamlet within the States, which is not brought for this purpose within the power and jurisdiction of the Gi:neral Government. Speculation, disguised under the cloak of public good, will call on Congress to deepen shallow inlets, that it may build up new^ cities on their shores, or to make streams navigable which Nature has closed by bars and ra])ids, that it may sell at a profit its lands upon their banks. To enrich neighborhoods by spending witiiin it the moneys of the nation, will be the aim and boast of those who prize their local interests above the good of the nation, and millions upon mil- lions will be abstracted by tariffs and taxes from the earnings of 342 SPECIAL MESSAGE the whole people to foster speculation and subserve the objects of private ambition. Such a system could not be administered with any approach to equality among the several States and sections of the Union. There is no equality among them in the objects of expenditure, and, if the funds were distributed according to the merits of those objects, some would be enriched at the expense of their neighbors. But a greater practical evil would be found in the art and industry by which appro- priations would be sought and obtained. The most artful and in- dustrious would be the most successful; the true interests of the coun- try would be lost sight of in an annual scramble for the contents of the Treasury; and the member of Congress who could procure the largest appropriations to be expended in his district would claim the rewards of victory from his enriched constituents. The necessary consequence would be, sectional discontents and heartburnings, increased taxation, and a national debt, never to be extinguished. In view of these portentous consequences, I cannot but think that this course of legislation sliould be arrested, even were there nothing to forbid it in the fundamental laws of our Union. This conclusion is fortified by the fact that the constitution itselt indicates a process by which harbors and rivers within the States may be improved — a pro- cess not susceptible of the abuses necessarily to flaw from the assump- tion of the power to improve them by the General Government; just in its operation, and actually practised upon, without complaint or in- terruption, during more than thirty years from the organization of the present Government. The constitution provides that " no State shall, without the consent of Congress, lay any duty of tonnage." With the 'consent" of Con- gress such duties may be levied, collected, and expended by the States. We are not left in the dark as to the objects of this reservation of power to the States. The subject was fully considered by the con- vention that framed the constitution. It appears in Mr. Madison's re- port of the proceedings of that body, that one object of the reservation was, that the States should not be restricted trom laying duties of ton- nage for the purpose of clearing harbors. Other objects were named in the debates, and among them the support of seamen. Mr. Madison, treating on this subject in the Federalist, declares that — "The restraint on the power of the States over imports and exports is enforced by all the arguments which prove the necessity of submitting the regulation of trade to the Federal Councils. It is needless, there- fore, to remark further on this head, than that the manner in whic' the restraint is qualified seems well calcuated at once to secure to the States a reasonable discretion in providing for the conveniency of their ON INTERNAL IMPROVEMENTS. 843 imports and exports, and to the United States a reasonable check against the abuse of this discretion." The States may lay tonnage duties for clearing harbors, improving rivers, or for other purposes, but are restrained from abusing the power, because, before such duties can take effect, the " consent" of Congress must be obtained. Here is a safe provision for the improvement of harbors and rivers in the reserved powers of the States, and in the aid they may derive from duties of tonnage levied with the consent of Congress. Its safeguards are, that both the State Legislatures and Congress have to concur in the act of raising the funds ; that they are in every instance to be levied upon the commerce of those ports which are to profit by the proposed improvement; that no question of conflicting power or jurisdiction is involved ; that the expenditure being in the hands of those who are to pay the money and be immediately benefited, will be more carefully managed and more productive of good than if the funds were drawn from the National Treasury and disbursed by the officers of the General Government; that such a system will carry with it no enlargement of Federal power and patronage, and leave the States to be the sole judges of their own wants and interests, with only a conservative negative in Congress upon any abuse of the power which the States may attempt. Under this wise system the improvement of harbors and rivers was commenced, or rather continued, from the organization of the Govern- ment under the present constitution. Many acts were passed by the several States levying duties of tonnage, and many were passed by Congress giving their consent to those acts. Such acts have been passed by Massachusetts, Rhode Island, Pennsylvania, Maryland, Virginia, North Carolina, South CaroUna, and Georgia, and have been sanctioned by the consent of Congress. Without enumerating them all, it may be instructive to refer to some of them, as illustrative of the mode of improving harbors and rivers in the early periods of our Government, as to the constitutionality of which there can be no doubt. In January, 1790, the State of Rhode Island passed a law levying a tonnage duty on vessels arriving in the port of Providence, " for the purpose of clearing and deepening the channel of Providence river, and making the same more navigable." On the 2d of February, 1798, the State of Massachusetts passed a law levying a tonnage duty on all vessels, whether employed in the foreign or coasting trade, which might enter into the Kennebunk river, for the improvement of the same, by " rendering the passage in and out of said river less difficult and dangerous." On the Ist of April, 1805, the State of Pennsylvania passed a law 344 SPECIAL MESSAGE levying a tonnage duty on vessels, '• to remove the obstructions to the navigation of the river Delaware, below the city of Philadelphia." On the 23d of January, 1804, the State of Virginia passed a law levying a tonnage duty on vessels, " for improving the navigation of James river." On the 22d of February, 1826, the State of Virginia passed a law levying a tonnage duty on vessels, *' for improving the navigation of James river, from Warwick to Rockett's Landing." On the 8th of December, 1824, the State of Virginia passed a law levying a tonnage duty on vessels, for " improving the navigation of Appomatox river, from Pocahontas bridge to Broadway." In November, 1821, the State of North Carolina passed a law levy- ing a tonnage duty on vessels, " for the purpose of opening an inlet at the lower end of Albemarle Sound, near a place called Nag's Head, and improving the navigation of said Sound, with its branches ;" and in November, 1828, an amendatory law was passed. On the 21st of December, 1804, the State of South Carolina passed a law levying a tonnage duty, for the purpose of " building a marine hospital in the vicinity of Charleston;" and on the 17th of December, 1816, another law was passed by the Legislature of that State for the " maintenance of a marine hospital." On the lOth of February, 1787, the State of Georgia passed a law levying a tonnage duty on all vessels entering into the port of Savan- nah, for the purpose of -'clearing" the Savannah river of " wrecks and other obstructions" to the navigation. On the 12th of December, 1804, the State of Georgia passed a law levying a tonnage duty on vessels, " to be applied to the payment of the fees of the harbor-master and health officer of the ports of Sa- vannah and St. Mary's." In April, 1783, the State of Maryland passed a law laying a tonnage duty on vessels, for the improvement of the "basin" and " harbor" of Baltimore and the "river Patapsco." On the 26th of December, 1791, the State of Maryland passed a law- levying a tonnage duty on vessels, for the improvement of the " harbor and port of Baltimore." On the 28th of December, 1793, the State of Maryland passed a law authorizing the appointment of a health officer for the port of Balti- more, and laying a tonnage duty on vessels to defray the expenses. Congress has passed many acts giving its "consent" to these and other State laws, the first of which is dated in 1790, and the last in 1843. By the latter act the " consent" of Congress was given to the law of the Legislature of the State of Maryland, laying a tonnage duty on vessels for the improvement of the harbor of Baltimore, and ON INTERNAL IMPROVEMENTS. 345 continuing it in force until the 1st day ot' June, 1850. I transmit here- with copies of such of the acts of the Legishitures of the States on the subject, and also the acts of Congress giving its " consent" thereto, as have been collated. That the power was constitutionally and rightfully exercised in these coses does not admit of a doubt. The injustice and inequality resulting from conceding the power to both Goverjiraents is illustrated by several of the acts enumerated. Take that for the improvement of the harbor of Baltimore. That improvement is paid for exclusively by a tax on the commerce of that city, but if an appropriation be made from the National Treasury for the improvement of the harbor of Boston, it must be paid in part nut of taxes levied on the commerce of Baltimore. The result is, that the commerce of Baltimore pays the full cost of the harbor improve- ment designed for its own benefit, and, in addition, contributes to the co'st of all other harbor and river improvements in the Union. The facts need but be stated to prove the inequality and injustice which cannot but flow from the practice embodieil in this bill. Either the subject should be letl as it was during the first third of a century, or the practice of levying tonnage duties by the States should be aban- doned altogether, and all harbor and river improvements made under the authority of the United States, and by means of direct appropria- tions. In view not only of the constitutional difficulty, but as a ques- tion of policy, I am clearly of opinion that the whole subject should be left to the States, aided by such tonnage duties on vessels navigat- ing their waters as their respective Legislatures may think proper to propose and Comrress see fit to sanction. This ' consent" of Congress would never be refused in any case where the duty proposed to be levied by the State was reasonable, and where the object of improve- ment was one of importance. The funds required for the improvement of harbors and rivers may be raised in this mode, as was done in the earlier periods of the Government and thus avoid a resort to a strained construction of the constitution, not warranted by its letter. If direct appropriations be made of the money in the Federal Treasury for such purposes, the expenditures will be unequal and unjust. The money in the Federal Treasury is paid by a tax on the whole people of the United States, and if applied to the purposes of improving harbors and rivers, it will be partially distributed, and be expended for the advan- tage of particular States, sections, or localities, at the expense of others. By returning to the early and approved construction of the constitu- tion, and to the practice under it, this inequality and injustice will be avoided, and, at the same time, all the really important improvements 15* 346 SPECIAL iMESSAGE be made, and, as our experience has proved, be botfcr made, and at less cost, than they would be by the agency of officers of the United States. The interests benefited by these improvements, too, would bear the cost of making them, upon the same principle that the expenses of the Post Office establishment have always been defrayed by those who derive benefits from it. The power of appropriating money tro;n the Treasury for such improvements was not claimed or exercised for more than thirty years after the organization of the Government in 1789, when a more latitudinous construction was indicated, though it was not broadly asserted and exercised until 1825. Small appropria- tions were first made in 1820 and 1821 for surveys. An act was made on tlie 3d of March, 1823, authorizing the President to cause an •' ex- amination and survey to be made of the obstructions between the har- bor of Gloucester and the harbor of Squam, in the State of Massa- chusetts," and of ■' the entrance of the harbor of the port of Presque Isle, in Pennsylvania," with a view to their removal, and a small ap- propriation was made to pay the necessary expenses. This appears to have been the commencement of harbor improvements by Congress, thirty- four years atler the Government went into operation under the present constitution. On the 30th April, 1824, an act was passed mak- ing an appropriation of thirty thousand dollars, and directing " surveys and estimates to be made of the routes of such roads and canals," as the President " may deem of national importance, in a commercial or military point of view, or necessary for the transportation of the mails." This act evidently looked to the adoption of a general sys- tem of internal improvements, to embrace roads and canals as well as harbors and rivers. On the 2Gth May, 1824, an act^as passed mak- ing appropriations for -'deepening the channel leading into the harbor of Presque Isle, in the State of Pennsylvania," and to "repair Ply- mouth Beach, in the State of Massachusetts, and thereby prevent the harbor at that place from being destroyed." President Monroe yielded his approval to these measures, though he entertained, and had, in a message to the House of Representatives on the 4th of May, 1822, expressed the opinion, that the constitution had not conferred upon Congress the power to " adopt anil execute a sys- tem of internal improvements." He placed his approval upon the ground, not that Congress possessed the power to " adopt and execute" such a system by virtue of any or all of the enumerated grants of power in the constitution, but upon the assumption that the power to make appropriations of the public money was limited and restrained only by the discretion of Congress. In coming to this conclusion he avowed that "in the more early stage of the Government" he had en- tertained a diiferent opinion. He avowed that his first opinion had ON INTERNAL IMPROVEMENTS. 347 been, that. " as the National Government is a government of hmited powers, it has no right to expend money except in the performance of acts authorized by the other specific grants, according to a strict con- struction of their powers;" and that the power to make appropriations gave to Congress no discretionary authority to apply the public money to any other purposes or objects except to "carry into effect the powers contained in the other grants." These sound views, which Mr. Mon- roe entertained '■ in the early stage of the Government," he gave up in 1822, and declared that — " The right of appropriation is nothing more than a right to apply the public money to this or that purpose. It has no incidental power, nor does it draw after it any consequences of that kind. All that Con- gress could do under it, in the case of internal improvements, would be lo appropriate tke money necessary to make them. For any act re- quiring legislative sanction or support the State authority must be relied on. The condemnation of the land if the proprietors should refuse to sell it, the establishment of turnpikes and tolls, and the protection of the work when finished, must be done by the State. To these purposes the powers of the General Government are believed to be utterly in- competent." But it is impossible to conceive on what principle the power of ap- propriating public money when in the Treasury can be construed to extend to objects for which the constitution does not authorise Congress to levy tares or imposts to raise money. The power of appropriation is but the consequence of the pov/er to raise money ; and the true in- quiry is, whether Congress has the right to levy taxes for the object over which power is claimed. During the four succeeding years embraced by the administration of President Adams, the power not only to appropriate money, but to ap- ply it, under the direction and authority of the General Government, as well to the construction of roads as to the improvement of harbors and rivers, was fully asserted and exercised. Among other acts assuming the power, was one passed on the twen- tieth of May, 182(), entitled " An act for improving certain harbors and the navigation of certain rivers and creeks, and for authorizing surveys to be made of certain bays, sounds, and rivers therein mentioned." l?y that act large appropriations were made, which were to be " applied under the direction of the President of the United States" to numerous improvements in ten of the States. This act. passed thirty-seven years after the organization of the present Government, contained the first appropriation ever made for the improvement of a navigable river, un- less it be small appropriations for examinations and surveys in 1820. During the residue of that Administration many other appropriations 348 SPECIAL MESSAGE of a similar character were made, embracing roads, rivers, harbors, and canals, and objects claiming the aid of Congress multiplied with- out number. This was the first breach effected in the barrier which the universal opinion of the framers of the constitution had for more than thirty years thrown in the way of the assumption of this power by Congress. The general mind of Congress and the country did not appreciate the distinction taken by President Monroe between the right to appropriate money for an object and the right to apply and expend it without the embarrassment and delay of applications to the State Governments. Probably no instance occurred in which such an application was made, and the flood-gates being thus hoisted, the principle laid down by him was disregarded, and applications for aid from the Treasury, virtually to make harbors as well as improve them, clear out rivers, cut canals, and construct roads, poured into Congress in torrents until arrested by the veto of President Jackson. His veto of the MaysviUe Road bill was followed up by his refusal to sign the " act making appropriations for building lighthouses, lightboats, beacons, and monuments, placing buoys, improving harbors, and directing surveys;" "an act authorizing subscription for stock in the Louisville and Portland Canal Company V »' an act for the improvement of certain harbors and the navigation of certain rivers ;" and finally " an act to improve the navigation of the Wabash river," In his objections to the act last named he says : •^ "The desire to embark the Federal Government in works of internal improvement prevailed, in the highest degree, during the first session of the first Congress that I had the honor to meet in my present situa- tion. When the bill authorizing a subscription on the part of the United States for stock in the Maysville and Lexington Turnpike Company passed the two Houses, there had been reported by the Com- mittee on Internal Improvements bills containing appropriations for such objects, exclusive of those for the Cumberland Road, and for harbors and lighthouses, to the amount of about one hundred and six millions of dollars. In this amount was included authority to the Secretary of the Treasury to subscribe for the stock of different com- panies to a great extent, and the residue was principally for the direct construction of roads by this Government. In addition to these pro- jects, which have been presented to the two Houses under the sanction and recommendation of their respective Committees on Internal Im- provements, there were then still pending before the committees, and in memorials to Congress, presented but not referred, different projects for works of a similar character, the expense of which cannot be esti- mated with certainty, but must have exceeded one hundred millions of dollars." ON INTERNAL IMPROVEMENTS. 349 Thus, within the brief period of less than ten years after the com- mencement of internal improvements by the General Government, the sum asked for from the Treasury for various projects amounted to more than two hundred millions of dollars. President Jackson's powerful and disinterested appeals to his country appear to have put down for- ever the assumption of power to make roada and cut canals, and to have checked the prevalent disposition to bring all rivers in any degree navigable within the control of the General Government. But an immense field for expending the public money and increasing the power and patronage of this Government was left open in the concession of even a limited power of Congress to improve harbors and rivers — a field which milUons will not fertilize to the satisfaction of those local and speculating interests by which these projects are in general gotten up. There cannot be a just and equal distribution of public burdens and benefits under such a system, nor can the States be relieved from the danger of fatal encroachment, nor the United States from the equal danger of consolidation, otherwise than by an arrest of the system, and a return to the doctrines and practices which prevailed during the first thirty years of the Government. How tbrcibly does the history of this subject illustrate the tendency of power to concentration in the hands of the General Government. The power to improve their own harbors and rivers was clearly re- served to the States, who were to be aided by tonnage duties levied and collected by themselves, with the consent of Congress. For thirty- four years improvements were carried on under that system, and so careful was Congress not to interfere, under any implied power, with the soil or jurisdiction of the States, that they did not even assume the power to erect lighthouses or build piers without first purchasing the ground, with the consent of the States, and obtaining jurisdiction over it. At length, after the lapse of thirty-three years, an act is passed providing lor the examination of certain obstructions at the mouth of one or two harbors almost unknown. It is followed by acts making small appropriations tor the removal of those obstructions. The obstacles interposed by President Monroe, after conceding the power to appropriate, were soon swept away. Congress virtually as- sumed jurisdiction of the soil and waters of the States, without their consent, for the purposes of internal improvement, and the eyes of eager millions were turned from the State Governments to Congress as the fountain whose golden streams were to deepen their harbors and rivers, level their mountains, and fill their valleys with canals. To what consequences this assumption of power was rapidly leading is shown by the veto messages of President Jackson ; and to what end it SSO SPECIAL MESSAGE is again tending is witnessed by the provisions of this bill and bills of similar character. In the proceedings and debates of the General Convention which formed the constitution, and of the State Conventions which adopted it, nothing is found to countenance the idea that the one intended to pro- pose, or tlie others to concede, such a grant of power to the General Government as the building up and maintainingof a system of internal improvements within the States necessarily implies. Whatever the General Government may constitutionally create, it may lawfully pro- tect. If it may make a road upon the soil of the States, it may pro- tect it from destruction or injury by penal laws. So of canals, rivers, and harbors. If it may put a dam in a river, it may protect that dam from removal or injury, in direct opposition to the laws, authorities, and people of the State in which it is situated. If it may deepen a harbor, it may by its own laws protect its agents and contractors from being driven from their work, even by the laws and authorities of the State. The power to make a road or canal, or to dig up the bottom of a harbor or river, implies a right in the soil of the State, and a juris- diction over it, for which it would be impossible to find any warrant. The States were particularly jealous of conceding to the General Government any right of jurisdiction over their soil, and in the consti- tution restricted the exclusive legislation of Congress to such places as might be "purchased with the consent of the States in which the same shall be for the erection of forts, magazines, dock-yards, and other needful buildings." That the United States should be proliibited from purchasing lands within the States, without their consent, even for the most essential purposes of national defence, while left at liberty to purchase or seize them for roads, canals and other improvements of immeasurably less importance, is not to be conceived. A proposition was made in the Convention to provide for the appoint- ment of a " Secretary of Domestic Affairs," and make it his duty, among other things, " to attend to the opening of roads and naviga- tion, and the facilitating communications through the United States." It was referred to a committee, and that appears to have been the last of it. On a subsequent occasion a proposition was made to confer on Congress the power to " provide for the cutting of canals when deemed necessary," which was rejected by the strong majority of eight States to three. Among the reasons given for the rejection of this proposi- tion, it was urged that " the expense in such cases will fall on the United States, and the benefits accrue to the places where the canals may be cut." During the consideration of this proposition a motion was made to enlarge the proposed power "for cutting canals" into a power "to ox INTERNAL IMPROVEMENTS. 351 grant charters of incorporation, when the interest of the United States might require, and the legislative provisions of the individual States may be incompetent;" and the reason assigned by Mr. 3Iadison for the proposed enlargement of the power was, that it would ' secure an easy communication between the States which the free intercourse now to be opened seemed to call for. The political obstacles being removed, a removal of the natural ones, as far as possible, ought to follow." The original proposition and all the amendments were rejected, after deliberate discussion, not on the ground, as so much of that discussion as has been preserved indicates, that no direct grant was necessary, but because it was deemed inexpedient to grant it at all. When it is considered that some of the members of the Convention, who after- wards participated in the organization and administration of the Gov- ernment, advocated and practised upon a very liberal construction of the constitution, grasping at many high powers as implied in its various provisions, not one of them, it is believed, at that day claimed the power to make roads and canals, or improve rivers and harbors, or ap- propriate money for that purpose. Among our early statesmen of the strict construction class the opinion was universal, when the subject was first broached, that Congress did not possess the power, although some of them thought it desirable. President Jefferson, in his message to Congress in I8O0, recommended an amendment of the constitution, with a view to apply an anticipated surplus in the Treasury '• to the great purposes of the public education, roads, rivers, canals, and such other objects of public improvements as it may be thought proper to add to the constitutional enumeration of the federal powers;" and he adds : " I suppose an amendment to the constitution, by consent of the States, necessary, because the ob- jects now recommended are not among those enumerated in the con- stitution, and to which it permits the public moneys to be applied." In I825, he repeated, in his published letters, the opinion that no such power has been conferred upon Congress. President Madison, in a message to the House of Representatives of the 3d of March, 1817, assigning his objections to a bill entitled " An act to set apart and pledge certain funds for internal improve- ments," declares that 'the power to regulate commerce among the several States cannot include a power to construct roads and canals, and to improve the navigation of water-courses, in order to facilitate, promote, and secure such commerce, without a latitude of construc- tion departing from the ordinary import of the terms, strengthened by the known inconveniences which doubtless led to the grant of this re- medial power to Congress." President Monroe, in a message to the House of Representatives of 352 SPECIAL MESSAGE the 4th of May, 1822, containing his objections to a bill entitled " An act for the preservation and repair of the Cumberland road," declares: " Commerce between independent powers or communities is univer- sally regulated by duties and imposts. It was so regulated by the States before the adoption of this constitution, equally in respect to each other and to foreign powers. The goods and vessels employed in the trade are the only subjects of regulation. It can act on none other. A power, then, to impose such duties and imposts in regard to foreign nations, and to prevent any on the trade between the States, was the only power granted. " If we recur to the causes which produced the adoption of this con- stitution, we shall find that injuries resulting from the regulation of trade by the States respectively, and the advantages anticipated from the transfer of the power to Congress, were among those which had the most weight. Instead of acting as a nation in regard to foreign powers, the States, individually, had commenced a system of restraint on each other, whereby the interests of foreign powers were promoted at their expense. If one State imposed high duties on the goods or vessels of a foreign power to countervail the regulations of such power, the next adjoining States imposed lighter duties to invite those articles into their ports, that they might be transferred thence into the other States, securing the duties to themselves. This contracted policy in some of the States was soon counteracted by others. Restraints were immediately laid on such commerce by the suffering States : and thus had grown up a state of affairs disorderly and unnatural, the tendency of which was to destroy the Union itself, and with it all hope of reahz- ing those blessings which we had anticipated from the glorious revolu- tion which had been so recently achieved. From this deplorable di- lemma, or rather certain ruin, we were happily rescued by the adoption of the constitution. " Among the first and most important effects of this great revolution was the complete abolition of this pernicious policy. The States were brought together by the constitution, as to commerce, into one com- munity, equally in regard to foreign nations and each other. The reg- ulations that were adopted regarded us in botli respects as one people. The duties and imposts that were laid on the vessels and merchandise of foreign nations were all uniform throughout the United States, and in the intercourse between the States themselves no duties of any kind were imposed other than between different ports and counties within the same State. " This view is supported by a series of measures, all of a marked character, preceding the adoption of the constitution. As early as the year 1781 Congress recommended it to the States to vest in the United ON INTERNAL IMPROVEMENTS. 353 States a power to levy a duty of five per cent, on all goods imported from foreign countries into the United States for the term of fifteen years. In 1783 this recommendation, with alterations as to the kind of duties and an extension of this term to twenty-five years, was re- peated and more earnestly urged. In 1784 it was recommended to the States to authorize Congress to prohibit, under certain modifications, the importation of goods from foreign powers into the United States for fifteen years. In 1785 the consideration of the subject was re- sumed, and a proposition presented in a new form, with an address to the States explaining fully the principles on which a grant of the power to regulate trade was deemed indispensable. In 1788 a meet- ing took place at Annapolis of delegates from several of the States on this subject, and on their report the convention was formed at Phila- delphia the ensuing year from all the States, to whose deliberations we are indebted for the present constitution. " In none of these measures was the subject of internal improve- ment mentioned or even glanced at. Those of 1734, 5, 6, and 7, lead- ing step by step to the adoption of the constitution, had in view only the obtaining of a power to enable Congress to regulate trade with foreign powers. It is manifest that the regulation of trade with the several States was altogether a secondary object, suggested by and adopted in connection with the other. If the power necessary to this system of improvement is included under either branch of this grant, I should suppose that it was the first rather than the second. The pretension to it, however, under that branch has never been set up. In support of the claim under the second no reason has been assigned which appears to have the least weight." Such is a brief history of the origin, progress, and consequences of a system which for more than thirty years after the adoption of the constitution was unknown. The greatest embarrassment upon the subject consists in the departure which has taken place from the early construction of the constitution and the precedents which are found in the legislation of Congress in later years. President Jackson, in his veto of the Wabash River bill, declares that " to inherent embarrass- ments have been added others, from the course of our legislation con- cerning it." In his vetoes on the Maysville Road bill, the Rockville Road bill, the Wabash Rivsr bill, and other bills of like character, he re- versed the precedents which existed prior to that time on the subject of internal improvements. When our experience, observation, and re- flection have convinced us that a legislative precedent is either unwise or unconstitutional, it should not be followed. No express grant of this power is found in the constitution. Its ad- vocates have differed among themselves as to the source from which it 354 SPECIAL MESSAGE is derived as an incident. In the progress of the discussions upon this subject the power to regulate commerce seems now to be chiefly relied upon, especially in reference to the improvement of harbors and rivers. In relation to tlie regulation of commerce, the language of the grant in the constitution is, 'Congress shall have power to regulate com- merce with foreign nations and among the several States, and with the Indian tribes." That " to regulate commerce" does not mean to make a road, or dig a canal, or clear out a river, or deepen a harbor, would seem to be obvious to the common understanding. To '■ regulate" ad- mits or affirms the pre-existence of the thing to be regulated. In this case it presupposes the existence of commerce, and of course the means by which, and the channels through which, commerce is carried on. It confers no creative power; it only assumes control over that which may have been brought into existence through other agencies, such as State legislation, and the industry and enterprise of individuals. If the definition of the word '• regulate" is to include the provision of means to carry on commerce, then have Congress not only power to deepen harbors, clear out rivers, dig canals, and make roads, but also to build ships, railroad cars, and other vehicles, all of which are neces- sary to commerce. There is no midiile ground. If the power to regu- late can be legitimately construed into a power to create or facilitate, then not only the bays and harbors, but the roads and canals, and ull the means of transporting merchandise among the several States, are put at the disposition of Congress. This power to regulate commerce was construed and exercised immediately after the adoption of the con- stitution, and has been exercised to the present day, by prescribing general rules by which commerce should be conducted. With foreign nations it has been regulated by treaties, defining the rights of citizens and subjects, as well as by acts of Congress imposing duties and re- strictions, embracing vessels, seamen, cargoes, and pa.ssengers. It has been regulated among the States by acts of Congress relating to the coasting trade, and the vessels employed therein, and for the better security of passengers in vessels propelled by steam, and by the re- moval of all restrictions upon internal trade. It has been regulated with the Indian tribes by our intercourse laws, prescribing the manner in which it shall be carried on. Thus each branch of this grant of power was exercised soon after the adoption of the constitution, and has continued to be exercised to the present day. If a more extended construction be adopted, it is impossible for the human mind to fix on a limit to the exercise of the power other than the will and discretion of Congress. It sweeps into the vortex of national power and juris- diction not only harbors and inlets, rivers and little streams, but canals, turnpikes, and railroads — every species of improvement which caa ON INTERNAL IMPROVEMENTS. 355 facilitate or create trade and intercourse " with foreign nations, among the several States, and with the Indian tribes." Should any great object of improvement exist in our widely-extended country, which cannot be effected by means of tonnage duties, levied by the States, with the concurrence of Congress, it is safer and wiser to apply to the States, in the mode prescribed by the constitution, for an amendment of that instrument, whereby the powers of the General Government may be enlarged, with such limitations and restrictions as experience has shown to be proper, than to assume and exercise a power which has not been granted, or which may be regarded as doubtful in the opinion of a large portion of our constituents. This course has been recommended successively by Presidents Jefferson, Madison, Monroe, and Jackson, and I fully concur with them in opin- ion. If an enlargement of power should be deemed proper, it will un- questionably be granted by the States; if otherwise, it will be with- held ; and. in either case, their decision should be final. In the mean time. I deem it proper to add that the investigation of this subject has impressed me more strongly than ever with the solemn conviction that the usefulness and permanency of this Government and the happiness of the milUons over whom it spreads its protection, will be best pro- moted by carefully abstaining from the exercise of all powers not clearly granted by the constitution. SECOND ANNUAL MESSAGE. DECEMBER 8th, 1846. Fellow- Citizens of the Senate and of the House of Representatives : In resuming your labors in the service of the people, it is a subject of congratulation that there has been no period in our past history, when all the elements of national prosperity have been so fully developed. Since your last session, no afflicting dispensation has visited our coun- try ; general good health has prevailed ; abundance has crowned the toil of the husbandman; and labor in all its branches is receiving an ample reward, while education, science, and the arts are rapidly en- larging the means of social happiness. The progress of our country in her career of greatness, not only in the vast extension of our territorial limits, and the rapid increase of our population, but in resources and wealth, and in the happy condition of our people, is without example in the history of nations. As the wisdom, strength, and beneficence of our free institutions are unfolded, every day adds fresh motives to contentment, and fresh incen- tives to patriotism. Our devout and sincere acknowledgments are due to the gracious Giver of all good, for the numberless blessings which our beloved country enjoys. It is a source of high satisfaction to know that the relations of the United States with all other nations, with a single exception, are of the most amicable character. Sincerely attached to the policy of peace, early adopted and steadily pursued by this government, I have anxiously desired to cultivate and cherish friendship and commerce with every foreign power. The spirit and habits of the American people are favor- able to the maintenance of such international harmony. In adhering to this wise policy, a preliminary and paramount duty obviously con- sists in the protection of our national interests from encroachment or sacriiice, and our national honor from reproach. These must be main- SECOND ANNUAL MESSAGE. 357 tained at any hazard. They admit of no compromise or neglect, and must be scrupulously and constantly guarded. In their vigilant vindi- cation, collision and conflict with foreign powers may sometimes become unavoidable. Such has been our scrupulous adherence to the dictates of justice, in all our foreign intercourse, that, though steadily and rapidly advancing in pi'osperity and power, we have given no just cause of complaint to any nation, and have enjoyed the blessings of peace for more than thirty years. From a policy so sacred to humanity, and so salutary in its effects upon our political system, we should never be induced voluntarily to depart. The existing war with Mexico was neither desired nor provoked by the United States. On the contrary, all honorable means were resorted to to avert it. After years of endurance of aggravated and unredressed wrongs on our part, Mexico, in violation of solemn treaty stipulations, and of every principle of justice recognized by civilized nations, com- menced hostilities ; and thus, by her own act, forced the war upon us. Loner before the advance of our army to the lefl bank of the Rio Grande, we had ample cause of war against Mexico; and had the United States resorted to this extremity, we might have appealed to the whole civilized world for the justice of our cause. I deem it to be my duty to present to you, on the present occasion, a condensed review of the injuries we had sustained, of the causes which led to the war, and of its progress since its commencement. This is rendered the more necessary because of the misapprehensions which have to some extent prevailed, as to its origin and true character. The war has been represented as unjust and unnecessary, and as one of aggression on our part upon a weak and injured enemy. Such errone- ous views, though entertained by but few, have been widely and ex- tensively circulated, not only at home, but have been spread throughout Mexico and the whole world. A more effectual means could not have been devised to encourage the enemy and protract the war, than to advocate and adhere to their cause, and thus give them " aid and comfort." It is a source of national pride and exultation, that the great body of our people have thrown no such obstacles in the way of the government in prosecuting the war successfully, but have shown themselves to be eminently patriotic, and ready to vindicate their country's honor and interest at any sacrifice. The alacrity and promptness with which our volunteer forces rushed to the field on their country's call, prove not only their patriotism, but their deep conviction that our cause is just. The wrongs which we have suffered from Mexico almost ever since she became an independent power, and the patient endurance with which we have borne them, are without a parallel in the history of 358 SECOND ANNUAL MESSAGE. modern civilized nations. There is reason to believe that, if thesa wrongs had been resented and resisted in the first instance, the present war might have been avoided. One outrage, however, permitted to pass with impunity, ahiiost necessarily encouraged the perpetration of another, until at last Mexico seemed to attribute to weakness and inde- cision, on our part, a forbearance which was the offspring of magna- nimity, and of a sincere desire to preserve friendly relations with a sister republic. Scarcely had Mexico achieved her independence, which the United States were the first among the nations to acknowledge, when she com- menced the system of insult and spoliation, which she has ever since pursued. Our citizens engaged in lawful commerce were imprisoned, their vessels seized, and our flag insulted in her ports. If money was wanted, the lawless seizure and confiscation of our merchant vessels and their cargoes was a ready resource ; and if, to accomplish their purposes, it became necessary to imprison the owners, captains, and crew, it was done. Rulers superseded rulers in Mexico in rapid suc- cession, but still there was no change in this system of depredation. The Government of the United States made repeated reclamations on behalf of its citizens, but these were answered by the perpetration of new outrages. Promises of redress made by Mexico in the most solemn forms were postponed or evaded. The files and records of the Depart- ment of State contain conclusive proofs of numerous lawless acts perpetrated upon the property and persons of our citizens by Mexico, and of wanton insult to our national flag. The interposition of our Government to obtain redress was again and again invoked under cir- cumstances which no nation ought to disregard. It was hoped tliat these outrages would cease, and that Mexico would be restrained by the laws which regulate the conduct of civil- ized nations in their intercourse with each other after the treaty of amity, cominerce, and navigation, of the 5th of April, 1831, was con- cluded between two republics; but this hope soon proved to be vain. The course of seizure and confiscation of the property of our citizens, the violation of their persons, and the insults to our flag, pursued by Mexico previous to that time, were scarcely suspended for even a brief period, although the treaty so clearly defines the rights and duties of the respective parties, that it is impossible to misunderstand or mistake them. In less than seven years alter the conclusion of that treaty our grievances had become so intolerable, that, in the opinion of President Jackson, they should no longer be endured. In his Message to Con- gress in February, 1837, he presented them to the consideration of that body, and declared that " The length of time since some of the injuries had been committed, the repeated and unavailing applications SECOND ANNUAL MESSAGE. 359 for redress, the wanton character of some of the outrages upon the prop- erty and persons of our citizens, upon the officers and flag of the United States, independent of recent insults to this government and people by the late extraordinary Mexican Minister, would justify, in the eyes of all nations, immediate war." In a spirit of kindness and for- bearance, however, he recommended reprisals as a milder mode of redress. He declared that war should not be used as a remedy " by just and generous nations, confiding in their strength, for injuries com- mitted, if it can be honorably avoided •," and added, "It has occurred to me that, considering the present embarrassed condition of that coun- try, we should act with both wisdom and moderation, by giving to Mexico one more opportunity to atone for the past, before we take redress into our own hands. To avoid all misconception on the part of Mexico, as well as to protect our own national character from reproach, this opportunity should be given, with the avowed design and full preparation to take immediate satisfaction, if it should not be ob- tained on a repetition of the demand for it. To this end, I recommend that an act be passed authorizing reprisals, and the use of the naval force of the United States, by the Executive, against Mexico, to enf»>rce them in the event of a refusal by the Mexican Government to come to an amicable adjustment of the matters in controversy between us, upon another demand thereof, made from on board one of our vessels of war upon the coast of Mexico." Committees of both Houses of Congress, to which this Message of this President was referred, fully su.stained his views of the character of the wrongs which we had suffered from Mexico, and recommended that another demand for redress should be made before authorizing war or reprisals. The Committee on Foreign Relations of the Senate, in their report, say: "After such a demand, should prompt justice be refused by the Mexican Government, we may appeal to all nations, not only for the equity and moderation with which we shall have acted toward a sister republic, but for the necessity which will then compel us to seek redress for our wrongs, either by actual wa?or by reprisals. The subject will then be presented before Congress, at the commencement of the next session, in a clear and distinct form; and the Committee cannot doubt but that such measures will be immediately adopted as may be necessary to vindicate the honor of the country, and insure ample reparation to our injured citizens." The Committee on Foreign Affairs of the House of Representatives made a similar recommendation. In their report, they say that "they fully concur with the President, that ample cause exists for taking redress into our own hands, and believe that we should be justified in the opinion of other nations for taking such a. step. But they are will- 360 SECOND ANNUAL MESSAGE. ing to try the experiment of another demand, made in the most solemn form, upon the justice of the Mexican Government, before any fur- ther proceedings arc adopted." No difference of opinion upon the subject is believed to have existed in Congress at that time ; the Executive and Legislative departments concurred ; and yet such has been our forbearance, and desire to pre- serve peace with Mexico, that the wrongs of which we then complained, and which gave rise to these solemn proceedings, not only remained unredressed to this day, but additional causes of complaint, of an aggravated character, have ever since been accumulating. Shortly afier these proceedings, a special messenger was despatched to Mexico, to make a final demand for redress ; and on the twentieth of July, 1837, the demand was made. The reply of the Mexican Govern- ment bears date on the twenty-ninth of the same month, and contains assurances of the '• anxious wish" of the Mexican Government " not to delay the moment of that final and equitable adjustment, which is to terminate the existing difficulties between the two governments;" that "nothing should be left undone, which may contribute to the most speedy and equitable determination of the subjects which have so seriously engaged the attention of the American Government ;" that the '• Mexican Government would adopt, as the only guides for its con- duct, the plainest principles of public right, the sacred obligations im- posed by international law, and the religious faith of treaties ;" and that "whatever reason and justice may dictate respecting each case will be done." The assurance was further given, that the decision of the Mexican Government upon each cause of complaint, for which redress had been demanded, should be communicated to the Government of the United States by the Mexican Minister at Washington. These solemn assurances, in answer to our demand for redress, were disregarded. By making them, however, Mexico obtained further delay. President Van Bureii, in his annual Message to Congress, of the 5th of December, 1837, states, that " although the larger number" of our demands for redress, and "many of them aggravated cases of personal wrongs, have been now for years before the Mexican Govern- ment, and some of the causes of national complaint, and those of the most offensive character, admitted of immediate, simple, and satisfac- tory replies, it is only within a few days past that any specific com- munication in answer to our last demand, made five months ago, has been received from the Mexican Minister;" and that " for not one of our public complaints has satisfaction been given or offered ; that but one of the cases of personal wrong has been favorably considered, and that but four cases of both descriptions, out of all those formally pre- sented, and earnestly pressed, have as yet been decided upon by the SECOND ANNUAL MESSAGE. SfTl Mexican Government." President Van Buren, believing that it would be vain to make any further attempt to obtain redress, by the ordinary means within the power of the Executive, communicated this opinion to Congress, in the Message referred to, in which he said : " On a care- ful and deliberate examination of the contents," (of the correspondence with the Mexican Government.) " and considering the spirit manifested by the Mexican Government, it has become my painful duty to return the subject as it now stands, to Congress, to whom it belongs to decide upon the time, the mode, and the measure of redress." Had the United States at that time adopted compulsory measures, and taken redress into their own hands, all our difficulties with Mexico would probably have been long since adjusted, and the existing war have been averted. Magnanimity and moderation on our part only had the effect to complicate these difficulties, and render an amicable settlement of them more embarrassing. That such measures of redress, under similar provocations, committed by any of the powerful nations of Europe, would have been promptly resorted to by the United States, cannot be doubted. The national honor, and the preservation of the national character throughout the world, as well as our own self-respect, and the protection due to our own citizens, would have rendered such a resort indispensable. The history of no civilized nation in modern times has presented within so brief a period so many wanton attacks upon the honor of its flag, and upon the property and persons of its citizens, as had at that time been borne by the United States from the Mexican authorities and people. But Mexico was a sister republic, on the North American continent, occupying a territory contiguous to our own, and was in a teeble and distracted condition ; and these con- siderations, it is presumed, induced Congress to forbear still longer. Instead of taking redress into our own hands, a new negotiation was entered upon, with fair promises on the part of Mexico, but with the real purpose, as the event has proved, of indefinitely postponing the reparation which we demanded, and which was so justly due. This negotiation, after more than a year's delay, resulted in the Convention of the eleventh of April, 1839, " for the adjustment of claims of citizens of the United States of America upon the Government of the Mexican Republic." Tho joint board of Commissioners created by this Conven- tion, to examine and decide upon these claims, was not organized until the month of August, 1810, and under the terms of the Convention they were to terminate their duties within eighteen months from that time. Four of the eighteen months were consumed in preliminary discussions on frivolous and dilatory points raised by the Mexican Commissioners; and it was not until the month of December, 1840, that they com- menced the examination of the claims of our citizens upon Mexico, 16 362 SECOND ANNUAL MESSAGE, Fourteen months only remained to examine and decide upon these numerous and complicated cases. In the month of February, 1842, the term of tlie commission expired, leaving many claims undisposed of for want of time. The claims which were allowed by the board, and by the umpire authorized by the Convention to decide in case of dis- agreement between the Mexican and American Commissioners, amounted to two millions twenty-six thousand one hundred aad thirty- nine dollars and thirty-eight cents. There were pending before the umpire, when the commission expired, additional claims which had been examined and awarded by the American Ct, and adapted to popular reading, may be '^mw\. Mr. Jenkins has manifestly bestowed much labor on his book, and is an adept in the very difhcult art of condensation. He has not merely abriilged his materials, nor is his work a mere selection from other authors, but bears every mark of being a faithful digest from authentic sources. He is master of a terse style, by which he is enabled to avoid all diffuseness and unnecessary embellishment, and makes his statements with directness and precision. In the present day, when most men must depend on summaries, like the present, for a great part of their knowledge on a large class of sub- jects, it is a matter of satisfaction to light upon a book, which communi- cates so much, in a clieap and compendious form. We have examined it with some care, and are persuaded that the author has executed his task with discretion and fidelity. Our interest in reading it has in- creased to the end, and we shut the volume with a sense of gratifica- tion in having easily acquired much valuable information, and with re- gret that we have reached the close. — Old Colony Memorial. BOOKS RECENTLY PUBLISHED BY JAMES M. ALDEN. "We took it up, therefore, expecting to find it a mere compilation, or, perhaps, an abridgment from tlie U. S. Exploring Expeditions of Wilkes and Lynch, with some added references to D'Urville and Ross. Had it been no more than this, it would have been a valuable thing for ordinary readers, since theie are few who will buy the weighty volumes of Wilkes, and fewer still who will read them through. Most people, in this age, have too much to do to read quartos. They are obliged to wait till some one shall kindly condense them, and give us the viultuui in parvo. Ilie author of this volume is just the person for such a work. He understands the public taste, and adapts his labors to the million. In thii case, however, he has in the first part travelled far beyond the record of Capt. Wilkes, whose narrative has been merely the thread on which he has strung the facts procured from many other sources. For instance, he has gleaned up everything of interest with regard to the South Sea Islands, from the days of Capt. Cook downward, and inter- woven it with the visit of the Exploring Expedition to those Seas. We have, therefore, collected before us, at a view, all that ordinary readers wish. So it is with respect to the South American cities at which the Expedition stopped. In the second part, Lynch's Expedition to the Dead Sea has been used in the same way, while everything else of interest with regard to that portion of the world, has been gathered from other sources. We have, therefore, in a narrow compass, all the really valuable informa- tion to be obtained on this subject. — Albany State Register. To the thousands of people in this land who are unable to purchase the several works herein consulted and abbreviated, the labors of Mr. Jenkins will be very acceptable. He has done his work well — has made one good book out of a dozen others. — Western Literary Mes- senger. This volume is an octavo of over 500 pages, printed in beautiful style, and embellished with the finest engravings on wood. It is verily a world in a nutshell — fifty dollars' worth of. books in one volume. All that is of re;il interest and value in the large and expensive works of the United States Exploring Expedition, and Lynch's Expedition to the Dead Sea, together with the results of twenty other books of voy- ages, travels and history, pertaining to the Pacific, South America, California and New Holland, are here compressed into one volume. We have read some passages with much gratification: and promise ourselves great enjoyment in a more careful perusal. Although every page, every paragraph, teems with information, yet the author has found space for many entertaining anecdotes and pictures of scenery and customs. It is a book which may be read with great interest and profit at every fireside. — Auburn Daily Advertiser. A book like this would possess more worth in the estimation of a re- flecting mind, than five hundred of the ordinary light publications of the day. — Havana Eepttblican. BOOKS RECENTLY PUBLISHED BY JAMES M. ALDEN. Tlie comprehensive octavo of Mr. Jenkins will not take the place of its original sources, in the libraries of men of wealth, and of public in- stitutions ; yet its sale will by no means be confined to people of very- limited means. The mass of book-buyers will prefer it, not only be- cause they will avoid seven eighths of an expense otherwise incurred, but also thus save an equal proportion of time. The book is not a mere abridgment, nor a selection from the larger works of Wilkes, Lynch, etc. ; nor are its gleanings alone from their fields. We are given to understand that every line of the work is from the pen of Mr. Jenkins ; and, in his preface, ho tells us that a large proportion of his facts is derived from other works than any of the above-mentioned. Some twent}' books of travel and history are cited as authorities, be- sides a " number of others referred to in the notes." The volume is truly much in little — a summary and closely detailed review of all late explorations in anrl around the Pacific. In five hun- dred pages we liave the results of many thousand. Some idea of its compression of volumes into a small space may be gained from the fact, that Lieut. Lynch's PLxpedition to the Dead Seals thrown into fifty-five pages, in whicii the "important results and actual inforination" are given. At this day, when a golden key is not the only one that un- locks tlie treasures of learning; when all information must be laid be- fore " the people" in an accessible shape; and when, in the bustle of the age, men can oidy read as they run ; we cannot but regard Mr. Jenkin&s book, so cheap and compendi(»us, as a precious windfall to the multi- tude. And we may remark here, that some of our country friends — especially the "poor scholars'" who live at a distance from public libra- ries — would he greatly favored by ciieap editions of such works as I'icknor's Spanisli Literature, Prescott's works, etc. It would not in- terfere with the sales of the fine edition, and would rather be an addi- tional s(turce of profit to the authors and copyright-holders. So far as we have examined it, the volume before us is executed very understanding! v. The style is close and perspicuous, and the screws are applied to dilfuse remark without the sacrifice of picturesque elegance of narration. — Lifrrar)/ ]]\>rhl. This is a handsome octavo volume of 517 pages, containing, as its title intimates, a compilation of scenes, incidents, adventures, etc., in, and descriptions of, various countries visited by celebrated navigators and travellers. It is divided into two parts. "Part one comprises ac- counts of expeditions to the Pacific and the South Seas: Part two em- braces a narrative of the voyage of Lieutenant Lynch to the Dead Sea, together with scenes and incidents in the Holy Land, from the writings of various travellers. The work contains copious and interesting descriptions of the most important places and localities visited by the several travellers, from whose writings the book has been prepared. The information it con- tains is arranged in an attractive form, well suited to popular reading, and the work, as a whole, is admirably adapted to impart valuable knowledge. — Boston Daily Journal. BOOKS RECENTLY PUBLISHED BY JAMES M. ALDEN. 'Now these Exploring Expeditions gave a vast amount of new infor- mation, and Mr. Jenkins has sought to present it in an attractive and condensed form. For an accurate knowledge of the places and locali- ties described — of the Pacific and the Jordan — it will be found service- able. Indeed, Mr. J, has not strictly followed his authors. He lias gone outside of them, and obtained information gathered since their works were published — an anaclu-onism for which the reader will not scold him. To show the extent of Mr. Jenkins' labor, we may mention that the important results and actual information obtained by Lieut. Lynch, in his Dead Sea Expedition, are compressed in some forty-five pages. Yet nothing material is omitted ! This is real service rendered. For Lieut. Lynch was verbose to a fault — right in his spirit ; bold as an adventurer ; truthful ; but no writer. We do not see why such books could not be introduced into our schools, so that while scholars are taught to read, they may be taught, also, living information. What lad is not interested in the Jordan and the Dead Sea? What scholar not anxious to know more about tlie Pacific and its wonders ? — These are living topics. The one is hallowed by every association of the Past, and the other made alive by every interest of the Present. If boys in our schools — the more advanced, certainly — could have put in their hands books more to interest and instruct — could not the intelligent teacher do more towards making them good readers and well-informed men ? — " T/ie Daily True Demo- crat''' Cleveland. The account of the United States Exploring Expedition, as detailed by Lieut. Wilkes, though highly interesting, is much too prolix for com- mon readers. — Five octavo volumes requn-e more patience and perse- verance than ordinarily fiiU to the lot of individuals. There are also many young people who have not time to read, nor money to purchase extensive works, but who could profit mucli by a cheap, judicious synop- tical class of publications. This is precisely the course adopted in schools — first rudiments, and then more expansive views in ample vohimes. Mr. Jenkins has not barely abridged tlie works referred to in the title page ; he has written, or rather compiled, a new work, making use of the authors referred to, and introducing con~;iderable valuable matter from other sources. The reader may purchase here, for two dollars, all that is of consequence in volumes costing elsewhere from five to ten times that sum. — Northern Christian Advocate. We are indebted to the publisher for a copy of the above work, which gives, in an attractive and condensed form, an account of the expeditions to the Pacific and the South Seas, together with a variety of interesting information in rehition to the localities described in its pages. * * * It is a volume of over 500 pages, handsomely executed, and will no doubt meet a quick demand. — Rochester Democrat. One of the most valuable and attractive books of the present year. * * * No library can be complete without it. — American Citizen. BOOKS PwECEXTLY PUBLISHED BY JAMES M. ALDEN. H. W. PARKER'S POEMS. Some of the best fugitive literature of the day * * * has come from a writer who has ju^t now pubUshed a volume of prose and poetry, Mr. H. \V. Parker. * * * We liave looked it through, and find a de- gree of excellence in its workmanship, with evidences of pure and strong natural genius wdiich warrant us in commending a sight of it to all watchers of new stars. — Home Journal. There is true poetry in the author's soul, as evinced ahke in his me- tred and prose poems. — Nexo York Commerdal Advertiser. The volume before us is an agreeable addition to our light literature. * * * The principal poems in it are fluently written, and are evidently the product of a warm heart, and a lively, playful fancv. — Literary World. Seldom have we read a book whose contents exhibit more freshness, life, and sparkling originahty, than the poems now before us. The author shows himself, in his acute taste, glow of feeling, and fervid imagination, the true poet. — Protcatant Charchman. Mr. Parker is the most promising young v/riter we have had for some time. He lias tlie true stuff in him, and has not only the gift of poetry, but the gift of thought and common sense. — Boston Post. A volume of first fruits by a new poet, indicating a pure and elegant mind, a vein of sweet meditative pathos, a lively turn for the humor- ous, and an eye observant of the picturesque and beautiful in the mani- fold phases of nature. - * * With a brilliant promise of future excel- lence, he has not yet attained the full possession of his powers. — Neio York Tribune. We encounter in its pages many gems of thought and felicities of expression, which prove the writer to possess a poetical capacity of no ordinary character. * * * We shall watch Mr. Parker's literary career with interest. We think wo discern in him the evidence of true genius. — Knickerbocker Magazine. There are many good and pleasant things between these covers — a great variety of subjects boldly and ingeniously treated. — New York Christian Enquirer. NEW AND POPULAR BOOKS RECENTLY PUBLISHED BY mm?, !£ ALDEN, AUBURN, R T, UNITED STATES EXPLORING EXPEDITIONS. Voyag-eof the U". S. Exploring Squadron, commanded by Capt. Cliarles Wilkes, together witJi Explorations and Discoveries made by Admi- ral D'Urville. Capt. Ro:^s, and an account of the Expedition to the Dead Sea, under Lieut. Lynch. By John S. Jenkins, author of Life of Silas Wright, History of the War in Mexico, etc. etc. 8vo., muslin, with numerous illustrations. (Illustrated title-page.) $2 25. The same. Sheep extra. " '• ^2 50. THE LIFE OF JAMES K. POLK, Late President of the United States, with Selections from his Speeches, Messages, etc. By John S. Jenkins. 400 pp., 12mo., with a Portrait on steel. |1 25. THE LIFE OF JOHN C CALHOUN, The dhthigui^lied Statesman of South Carolina, with Selections from his Speeches and State Papers. By John S. Jenkins, author of the U. S. Exploring Expeditions, Life of James K. Polk, Life of Silas Wright, History of tlie War with Mexico, etc. etc. 400 pp., 12mo., with Portrait on steel. Musliti, (uniform with Polk.) |1 25. LIFE OF SILAS WPJGHT. Being the History of the Times of one of the ablest of American States- men. With Portrait on steel. By J. S. Jenkins, author of Political History of New York, the Life of General Jackson, History' of the War with Mexico, etc. etc. Fifth edition. ^1 25. POEMS By H. W. Parker. 12mo, muslin, gilt back. 238 pp. 'To cts. " There is true poetry in the author's soul, as evinced alike in his metred and prose poems." — JSf. Y. Coitunercial Advertiser. REVIEW OF THE MEXICAN WAR: Embracing the Causes of the War; Responsibility of its Commence- ment; the Purposes of the American Government in its Prosecu- tion; its Benefits and its Evils. By Charles T. Porter. 12mo., 220 pp., muslin. 63 cts. LETTERS OF JOHN QUINCY ADAMS TO HIS SON, On the Bible and its Teachings. With an Introduction by Hon. Horace Greeley. IBrac, muslin gilt. 38 cts. BOOKS RECENTLY PUBLISHED BY JAMES M, ALDEN. ELEGANT MINIATURES, Trade price. GEMS FROM TUPPZR'S PROVERBIAL PHILOSOPHY. "With a Portrait of tlie author. Embossed cloth, gilt edge, . ^0 88 LOVERS GARLAND. A Poetical Gift. By M. C. C. Same style, . . . . 38 A GIFT FOR THE HOLIDAYS. By M. P. J. Same style, 38 THE LADIES' VASE OF WILD FLOV/ERS. By Miss Colman. Same style, 38 FRIENDSHIP'S TOKEN, AND THE LOVER'S GIFT. E^ .\.. -%-\^^' .•^' ff I A "-■ \ J.^- \.<^^' ^ c^^ '''^. \ .0^" ■'y- •S.' I 1 K 0' \ '"" « o^ '?- c r-^^ ' -'■"■^ 4' = ■^^' \ \ s V"''>\--.-.. v" ^c:^' V-^'. ^ A^ ,0 ^ b V- .,, >^.^x^^ ■^/-/^' ^~^' #% x^^-' rO' X "^ . O • ■■•■■; '^^ ,«^' LIBRARY OF CONGRESS 011 932 907 3