Ml E340 .C3S64 [i;if':!!((ittii!V'M!i"H>R'll.! [t)r.t::|ini;?;)iif!"!!iMf'.'g :.;i;;l!ii!iiiiiiiih:ti. ::t;'^.'.!':;:.,:.::!!r':::;:«r"'u;i.:w3ai>i!;:'wa ilifXSiflaiSlKKiffiiJiffifflli ; /:r;![r;si:;:S;l;')!;;«ISS' fnSflMKo ;!S!UMi'lljiilnJlJl.M:ililtr:;dfi LIBRARY OF CX)NGRESS DDDDS7E7=^Tb ( ^- ':ii!i[V!;iii'!i:i/!-TOi';; a'iiiEii3itia:!5«i);;i; «J>^ * o V* ' .'3^"* •*^ai©k'. ' ^. A^ " ♦Vv^^ 'k- '^<'. i-^" •*-^ac?j^*. ' -»>. * .^'% , SKETCH OF THE LIFE, AND SERVICES '^ •Wf^ OF OF OHIO. HARRRISBURG, January 9, 1843. ^«<» ^««« ■mK" ittdiltm ffHtm miffffiitfiittfifftftttttfttt^ ^^<««» SKETCH or THE LIFE AND SERVICES * OF GENERAL LEWIS CASS, OF OHIO. ..dS a luv -itd. We (juole from a contemporary Journal the remarks ol Mr. Cass upon ilic passa-^-c^ of the bill for the suppression of the conspiracy, delivered Deceinlicr 2d, I^Ofi. f' Mr. Cass said, he was well awaie that the provisions nf the Bill now under conc^ideration, were important and ihc junalties heavy, l;ut that he could see a justification for supporting it, in the rumors which were now afloat- -tumois, which threatened the peace and tranquility of the Slate. — Na}', lumoiu, which daily ncijuire new credit and ndditiunnl coiilJrrnation, and which he believed were will founded, ^hall we sit still, silent spectators, and not endeavor to prevent illegal steps bting taken in this S " GENERAT. LBWIS CASS. 5 f Reply of M,\ Jefferson to tht Governor of Ohio. J Wasuiwktox, Feburaiy 2, 1807. '• Sir, — The pressing business during a session of the legislature, has ren- dered me more tardy in addie.-.-:ing you, than it was my wish to have been That our feliow-citizenaot'thc west, would only need to be infotmcd of ciimi- nal machinations against the public safety, to crush them, at once, I never entertained a doubt. " I have seen, with the greatest satisfaction, that among those who have distinguished themselves by their fidelity to their country, on the occasion of the enterprise of Mr. Burr, yours;clf and the Legislature of Ohio have been the most eminent ; the promptitude and energj' di.-played by your state, has been as honourable to itself, as salutary to its sister states, and in declaring that you have deserved well of yout country, I do but express the grateful senti- ments of every fellcv-eilizen in it. The hand of the people has given a mortal blow to a conspiracy, wlii -h, in other countries, would have called for ■ an appeal to arms, and has proven that government to be the strongest of which every man feels himself a [)art. It is a happy illustration, too, of the im- portance of preserving to the stale .Tuthorities all the vigor which the constitu- tion foresaw would be necessary, not only for their own safety, but for that of the whole. In making these acknowledgments of the nierits of having set this illustrious example of exertion for the common safety, I pray thiit they may be consider- ed as addressed to yourseif and the Legislature paiticularly, and generally to every citizen who has availed himself of the opportunity given, of proving his devotion to his country. Accept my salutations and assutances of great consideration and esteem, (Signed) THOM.^S .fEFFERSON." His Excellency Gov. Tiffin. The succeeding year he was appointed fey Mr. Jeflerson, Marshall of Ohio. An incident connected with this appointment may be worth mentioning. Mr. Cass's predecessor was a distinguished man, of excellent character, with a cl«ar hea^, and a good heart. Unfoitunately, however, the conviviality of his tem- per led him to indulge too much in the use of ardent spirits. For tliis cause Mr. Jeti'er.son was obliged to remove him, and he remarked, in the course of he discussion to which the matter gave rise, that the habit of intoxication had given him more trouble than any other cause, during his administiation, and that were he to commence his Executive career again, the first question he would ask respecting any applicant for office, would be, if he were prone to the tao free use of spirituous drinks. Mr. Cass continued in the perfoimance of the duties of Marshall, and also in the practice of the law for several year?. During this time arose in Ohio, a question which was much agitated there, and greatly divided the public opinion. At this day il is diHicult to estimate the degree of excitement which prevailed. The point may now appear very strange, but it was then of vital interest. — A Superior Court made a decision on a Constitutional question, which the Legislature considered erroneous. The Judges were impeached upon the ground that they were responsible in this process for errors of opinion. Considering the doctrine a fatal one to public security and to true liberty, Mr. Cass volun- teered in the defence of the Judges, and aided in their trial, which terminated their acquittal. i'^In 181-, came on the stiring events of war. It was forced upon us by the upportablc ar rogance and injustice of England, and General Cass fully par- ticipated in the conviction of the Democratic party that it was necessary ; and upon the first call of the government for a volunteer force, to serve under Ge- neral Hull, and to march to the defence of Detroit and of the Lake frontier, he tendered his services, and did all in his power to induce tho young men of the 6 THK LIFE AHD SERVICKS OF country to turn out. Tho appeal to the patriotism of Ohio was eminently successful, and three regiments of volunteers were raised. They were match- ed to Dayton, where they were organized, and Mr. Cass was elected Colonel of the third regiment. At ihe time he volunteered he held the commission of a Brigadier General in the militia of Ohio. When Creneral Hul! encamjjed with his troops at Dayton, a hollow square was formed, and the Ameiican standard was pitched in the centre. Upon this occasion Colonel Cass delivered the following address, which is taken from the Wational Intelligencer. " Fellow Citizens.- — The standard of your country is displayed. You have Tallied round it to defend her rights and lo avenge her injuries. May it wave protection to our friends, and defiance to our enemies. And should we ever meet them in the hostile ficlils, I doubt not but that the Eagle of America will be found more than a match for the British Lion." It is difficult, at this time of our peace and safety to form an adequate con- c«ption of the enthusiasm with which this short, but pithy address was received by the flower of the State, th^n under arms and about to enter upon an uncer- tain carupnign. The progress and result of the unfortunate expedition of General Hull fill a sad page in the history of our country. Never was an army composed of b?t- ter or more spirited materials. They met all the untoward accidents of the campaign with untiring firmness. 'I'hey consisted of three regiments of Ohio volunteers, commanded by Colonel McArthui, Cass, and Findley, and of the fourth regiment of the United States Infantry, commanded by the gallant and revered Colonel, now General Miller. The news of the declaration of war reached them in the wilderness, and they pushed on to Detroit, animated by the highest hopes. The Commander-in-Chief, General Hull, was authorised to invade Canada at his discretion. He determined to do so, and the embar- kation was made from a point a little above Detroit, and the advanced force was composed of tho regiments of Colonels Cass and Miller. Cobnel Cass occupied the how of one of his boats, and was the first man who landed in arms upon the Canadian shore, after the declaration of war. Immediately after the army landed in Canada, an expedition was organized under the command of Colonels Cass and Miller, to move towards the British Fort Maiden, and to lake possession of a bridge over the river Aux Canards, (Duck River,) which commanded the approach to it. By ascending this river some distance above the bridge, the stream was forded, and the British party at the bridge surprised. Here was shed the first blood in the late war. The party lied to Maiden, and the Ameiican detachment took possession of the bridge. Here the two Colo- nels wrote a note lo the General, urging upon him the necessity of an immedi- ate movement of his whole force to join the advanced party, and to push on to the capture of the British Fort, which would have terminated the campaign by a glorious stroke that would have been felt through the whole course of the war, and would have ensured the submission of Upper Canada, and the peace of the whole north-western frontier. But, unfortunately, the comtrianding Ge- neral was wholly incompetent to his post. On landing in Canada he issued an energetic Proclamation, written by Colonel Cass, which was much applauded at llic time. But here, alas, General Hull's energy ceased, and the whole course of his campaign was marked on his part, by indecision and by imbecili- ty, and was t«-rminatcd by the most signal disaster which ever disgraced the American arms. As the engagement at the river Aux Canards was the first: trial of strength during the last war, we subjoin <'oloncl Cass' official leport, which is not without interest as an historical document. Cul. Cass lo General Hull. Sandwich, Uppf.e Canapa, .July 17, 1812. "Sin, — In conformity with your instructions, I proceeded with a detach- ment of two hundred and fifty men, to leconnoitie the enemy's advanced posts. GESEllAI, LIVFIS CASS. T We fouml tkcin in possession of a biidge over the river Aux Canards, at tli* distance of four miles from Walden. After examining tbeir position, I left one company of riflemen to conceal themselves near the bridge, and upon our appearance on the opjiosile side of the river to commence firing, in order to divert their attention, and to throw them into confusion. I then proceeded with the leniainder of the force five miles, to a ^qIcc over the liver Canard?, and down on the southern bank of that liver, ^j About sunset vi-e arrived within sight of the enemy. Being entirely dest ute of guides, we marched too near the bank of the river, and found our progress checked by a creek, which was then impassable. We were then compelled to march up a mile in order to cflect a passage over the creek. This gave the enemy time to maka their arrangements, and piepare for their defence. On coming down tho creek, we found them formed ; they commenced a distant fire of musketry. The lifiemen- of the detachment we oimed upon the wings, and the two companies of artillery in the centici^The men moved on with great spirit and alacrity. After the first discharge the British retreated — w continued! advancing. Three times they formed, and as often retreated. We drove them about half a mile, when it became so dark, that we weie obliged to relinquish the pursuit. Two privates of the British 4 1st regiment, were wounded and taken prisoners. We learn from deserters, that nine or ten were wounded, and some killed. We could give no precise information of the number opposed to us. It consisted of a considerable detachmcn of the 4 1st regiment, some militia, ami a body of Indians. The guard at the b.iJge, consisted of fifty men. Our riflemen, stationed on this side of the river, dis* covered the enemy reinforcing them during the whole afternoon. There is no doubt, but their numbers considerably exceeded us. Lieutenant Colonel Miller conducted himself in the mon spirited and able manner. I hare every reason to be satisfied with the conduct of the whole detach}nent. Very respectfully, sir, [ have the honor to be, \'our obedient servant, (signed) LEWIS CASS. Colonel '3d regiment Ohio volunteers. Brigadier General Hull. On the day of the surrender. Colonel Cass was not at Detroit. He and Colonel M'Arthur had been detached with portions of their respective regi- ments, by an interior route to the liver Raisin, to serve as a convoy to the provisions which were there. 1 pon the route, they received the astounding news, that the army was surrendered, and a letter from General Hull, in- forming them that they weie included in the capitulation, and ordering their immediate return. After this event, Colonel M'Aithur, who was the senior ofiicer of the Ohio troops, as soon as they landed at Cleveland, ordered Colonel Cass to Wash- ington, to render an account to the Government, of the unfortunate "catas- trophe, which tilled the country with astonishment and indignation. On his arrival at Washington, Colonel Cass presented to the war department, his well known repor', which has become an histoiical document, and which con- tained a narrative of the expedition, setting forth its prominent events, and the causes and circumstances of its result, by which, as the report said, the United States had " lost a fortified post, an army, and a territory." This jiaper was well received by the Government and the country. As a curious episotle in the history of the war, and as an indication of the bitter opposition with which the government was assailed, we may mention, that the rumor was immediately circulated and extensively credited, that Col- onel Cass was incompetent to the preparation of his report, and that it was actually written by Mr. Rush, then the comptroller of the treasury, deservedly enjoying the confidence of the administration, and a zealous and active advo- 8 THB LIFE AKD SSRTICKS OF cate of the war. General Hull's conduct had inflicted a deep Wound upon the honor of the country, and put in jeopardy her dearest interests. The report of Colonel Cass, fortified by the unanimous opinion of all his fellow soldiers, exonerated the administration from all blame, and placed the responsibiUty where it was due, upon the imbecile leader, whose incapacity, or worse than incapacity has led to the disastrous result. In their desire to bring to public odium and contempt, Mr. Madison and his cabinet, it became the object of the opponents of the war, to throw discredit upon all, whose testimony might serve to show that the Government was oble and patriotic, and hence the report of the incapacity of Colonel Cass. The followiii;^ Ictteis, which ap- peared upon that occasion, are worth perusal. From the National Intelligencer, transcribed into Niles' Kegister, of December 12, 1812. To the Editors of t lie National Intelligencer. GESTtKWEN, — I transmit you fur publication, the enclosed lettei, po- litely and without solicitation, addressed to me by Mr. IJush. So far as respects myself, the tale it lefutes merits no consideration, and would meet no attention. Whether I am incompetent to the task of relating plain facts, many of which I saw, and on ail of which I have had the feelings and information of hundreds to guide me, is a question of no importance to the public anJ of no interest to those editors who have asserted or insinuated it. But it is deeply interesting to their jiassions and pursuits, that every ac- count which tends to exonerate the Government from all participation in the event of an expedition feebly conducted, and in a capitulation dishonorably concluded, should be assailed openly and covertly. I was aware, that every man, who should attempt, by a disclosure of the truth, to communicate cor- rect information, must expect to have his motives impugned and his charac- ter assailed, with all the rancor of malignity and eagerness of party. As I felt no disposition to covet, so I trust, there was no necessity for avoiding an investigation like that. I had witnessed the irritation of feeling, and the lati- tude of observation in many papers in the country. The terms " conscripts," a -'little still born army," and every injurious and opprobious epithet, which party zeal could lavish upon western patriotism and enterprise I had observed with regret, but without surprise. But I had to learn, that the editor of a ncivspaj^r, upon his own responsibility, would pro pagate a talc so false and unqualified, as that in the United States Gazette, of October last. The letter transmitted will show what credit is due to the assertions of men, who can discover little to condemn in an enemy's government, has to approve in their own, I cannot resist the present opportunity of placing in its proper point ol view, a transction misrepresented with all the virulence of faction. The capitulation for the surrender 6th and 27th Kegiments of Infantry. The raising and the organization of the first was comnaitted to Gen. McArlhur, and of the iTth to Gen. Cass. The appoint- ment of all the ofliceis (except the field officers) was intiusted to them, and st:ch was the public feeling and the exertions used on the occasion, that both regiments were promptly raised and put in motion, and in the month of July, 1813, joined the command of Gen. Harrison, at Seneca, Here the army lay, employed in drilling, and in other necessary duties till the junction of the Kentucky Militia, uuder Governor Shelliy, and the victory of Perry, upon Lake Erie, enabled Gen. Haiiison to commence offensive operations. The army was transported to the Canadian shore, and the superintendence of the debarkation committed lo General Cass and Commodore Elliott. This was executed in excellent oider, and as the event proved, without opposition, though a severe struggle was expected at the time. From thence the army went in pursuit of Proctor, and oveitook and defeated him in the decisive action at the Jloravian Towns. Here Gen. Cass was present, but his proper command not having arrived, he volunteered to act as aid-dc-camp to General Harrison, in association with Commodore Perry. He accompanied Col. John- son's regiment in its charge upon the British line. Honorable mention was made by General Harrison in bis report of the services of General Cass upon this occasion. After the return of the army to Detroit, Gen. Harrison, with the larger por- tion of his force left that country, to operate against the enemy upon the Nia- gara border, and he left Gen. Cass in command of the north-western frontier, including the western district of Upper Canada, which had been subjugated. Here General Cass remained employed in the arduous duties of such an ex- tensive command, and in a countjy surrounded by Indians, destitute of resources, and with the whole hostile population of the western district of Upper Canada to hold in submission. The destitution of the country can hardly be appreciated, but it may be in some measute comprehended by the fact, that even some of the troops were comjielled, at one time, to resort to the precarious resource of fishing, as a means of subsistence. "While employed ill this service. Gen. Cass received the unsolicited appointment of Governor of the Territory of Michigan, and thus the civil organization of the country and its military defence ilevolved upon him. He continued to execute these multiplied duties, till ordered by the Government to proceed to Albany, to attend the trial of General Hull, as a witness, After this duty was terminated. Gen. Cass returned to Ohio, and consider- ing it improper that such extensive military and civil powers should be vested in the same person, he resigned his commission in the army, but was required by the Government to take charge of the defence of the Territory as Governor. It is presumed there are persons now living at Detroit who may recollect that in 1814, such was the defenceless state of that country, that the Indians made incursions into the settlements, and within sight of the town where their guns were heard. The Governtiicnt was very^ anxious to reinforce Gen. Brown upon the Niagara frontier, s« that he could push his operations in that quarter, and therefore desired Gen. Cass to despatch to the aid of Gen. Brown, all the troops that could be spared from the defence of the country. So anxious was Genera! Cass to promote the «ame object, and to comply with the pressing solicita'ions of Gren. Biown, who wrote to him on the subject, that he ordered almost hi? whole force down the lake, leaving, in fact, but twenty- seven men for the defence of Octroi*. It is known that Gen. Brown, who was 33 just to others as he was brave and able, never forgot this proof of zea?, but mentioned it as a rare instance of devotion to the public good, by which local interest was risked for general interest. During this state of destitution f 12 THE LIFF. AND SERTICrs OF the hostile Indians were bold and enteqirising. Their war paiiies scoured the inhabited parts of the 'J'erritory, and filled the countrj/ with dismay. Of ' course the duties and the responbihilily of the oflicer charged with the super- intendence of the Reneral defence were greatly increased. The whole adult male population was called out, and among these skirmishes there was one within healing of Detroit, when ImJians were killed and scalps taken; and the nature of the service may be judged by the fact, that the servant of Gen. Cass, who wrode immediately behind him, had a personal rencontre with a powerful savage, vvlio was killed. After a short time, however, this state of imminent danger was happily relieved, by the arrival of a mounted force from Ohio, under Gen. McArthur. But peace soon came to restore quiet to this harassed and exposed frontier, and the duties of peace succeeded to the cares and dangers of war. A new career was opened to Gen. Cass, in the per- formance of his executive functions, in organising and consolidating the Government of Michigan, and adopting its institution to its new condition. How well he succeeded in the discharge of the general duties which devolved upon him as Governor, is satisfactorily proved by the high estimation in which he has ever been held by the citizens of Alichigan; and by the fact, probably without a parallel in our country, that he was seven times appointed Governor of the Territory, exercising the duties of that office through a period of eighteen years, without one single representation having been made against him, and, it is believed, without ever having had a vote against him in the Senate. When we look at the heart-burnings and contentions which have marked the history of the Governments of the Territories, this absence of all blame is itself the very highest praise, and indicates a rare aptitude for the management of public affairs. It is known that the Governors of Territories are ex ofEcio superintendents of Indian atVaiis, and they are appointed to hold councils and make treaties with the Indians when necessary. The duties of Gen. Cass, as superintend- ent were arduous and responsible, from the number of Indians under his juris- diction, and from the continual intercourse with the British Indian Depart- ment, at Amherstburg, by which they were kept in a perpetual state of ex- citement. As Commissioner, Gen. Cass has held more councils with the Indian tribes than any other officer in the service of the United Stales. We have taken pains to turn over the volume of Indian treaties, published by the War Department, and find that Gen. Cass has been a commissioner in the nega- ciation of twenty-one treaties with the Indians, to-wit : Two Treaties of Greenville, . - - - 1814 Miami Treaties, ----- 1817 St. Mary, .-..-. 1818 Wea, ...... 1818 ' Potawatamie, ...... 1818 Delaware, - ... - . . 1818 Miami, .-..-. 1818 Saginaw, - - - - - - 1819 Michillimachinac, ..... 1820 Chicago, ...... 1821 Sail St. Marie, 1820 Praiiic du Chien, ..... 1825 Fond du Lac, ..... 1826 * Potawatamie, ..... 1826 Miami, ...... 1826 Baite des Morts, ..... 1827 Green Bay, - - - - - - 1828 I'otawatiunies, ..... 1828 Creek Treaty of Washington, ... 1832 ei;AKH.\J. i.twi-j I ASS. 13 The first of these tieaue3 was the second treaty of peace coucluJcd at Green- ville. That place was the site whoie was held the great Council between the North Western Indians and General ^^'aJ•^e, in 1795, which put an end to the hostilities that had iicen so long and so liittcrly waged by those Indians against the United States. In 1814 the same ground was again consecrated to the same happy purpose, and treaties of peace was concluded, whica de- tached several of the most war-like tribes from the Biitish^intcrest. At the first treaty of peace, General Harrison was present as an Aid de Camp of General Wayne. At the iecond,he was present as a Commissioner, Governor Shelby and General Cass being associated with him. Governor Shelby, however, waa unable to attend. Some of the above mentioned treaties were held for the pur- pose of terminating hostilitits between the whites and the Indians, some to put a stop to the wars of the Indians among themselves, and others to obtain ces- sions of lands for the United Slates. As a Commissioner for making treaties for the latter purpose. Gen. Cass has obtained the grant of more valuable and extensive districts lying in the State of Geoigia, Alabama, Ohio, Indiana, Illi- nois, Michigan, and in the Territories of Wisconsin and Iowa, than have been obtained by any other person. These excursions into the Indian country, and these per-onal communications with the Indians, were necessarily attend- ed with great fatigue and danger. Twice upon these duties General Cass has visited the extremity of Lake Superior, and once the heads of the Mississippi. Frequently he has been called to the countries upon Lake Huron and Michi* gan, and twice to Prarie du Chien. He has tiaversed the country north of the Ohio, and east of the Mississippi, in almost all directions, and frequently under dangerous circumstances. While ascending the Fox river, in one of bis jour- nies in the western wilds, to ascertain the designs of the Indians who had given some cause to doubt their fidelity, they suddenly broke out into open hostilities, and in this crisis he found himself in a birch canoe, depending only upon his own resources, and the good conduct of his crew. At one of the Indian encampments on the banks of the Wisconsin, a large body of the na- tives was collected as the canoe was passing down. But one reasonable chance of success presented itself, and that was to land in the midst of the Indians, and 10 endeavor to over awe, by appearing to disregard them. The flag of the United States was flying upon the canoe, which was turned to the land. Gen. Cass leaped ashore, leaving the crew on board, and was received by the assem- bled warriors upon the beach. Some of them knew who he was, and communicated the fact to the others. They went to the camps together, where their pipes were lighted and smoked, and where Gen. Cass stated to them his confident hope that they would not swerve from their duty to the United States. After some lime spent in debate, he moved towards the canoe, when one of the young men took aim at him with his rifle. The gun snapped, and the weapon was immediately seized by an old chief, who was not prepared for such an extiemity. General Cass re- gained his boat without farther diflkulty, and continued his journey down the river. Arriving at Fraiie des Chiens, he found the inhabitants in alarm, and the place was undefended. After puting eveiy thing in the best possible condition, he descended the Mississippi, paddhng day and night till he reached St. Loiiis, in order to use his influence to have a sufficient foiccfor the defence of the uf)per country immediately detached upon the service. This was hap- pily done witliaut delay, and peace was soon restored to the frontiers. He re- turned in his canoe by the Illinois liver, to Chicago, and thence to Green Bay, in as short a space of lime as that voyage was ev, r performed. Another incident, showing the danger of these border du ies, is related by Mr. Schoolcraft, in his narrative of the expedition of Gen. Cass to the heads of the Mississippi. At the Sault St Mary, the outlet of Lake Superior, he hid been ordered by the Government to endeavjr to procirre a ces ion of land for the estifilishment of a military post. Th.i power of ihe United Slates had not been established in that quarter, and the Indians were exclusively under i3rit- 14 THE LIIE AT»il) SF.nviCI.S OF ish influence. They were, however, invited to attend a council, where the subject was opened to them. Their disposition was manifestly unfriendly, and the American party was upon its guard. Their wliole force, however, includ- ing a small military detachment which accompnnicd it, the engag«^ and boat- men, did not propably exceed thirty or forty men, while that of the Indians more than trippled this number. During the progress of afi'iirs, a bold, turbu- lent Chipewa chief, well known for his haired to the Americans, and for his attachment to theBiilish interests, hoisted the British flag in the Indian camp, situated within our bourulary. This daring act, intended to push matters lo extremity, could be met but m one way, and that was to liaul it down, let •whatever might be the consequences. Were this not done, the honor and safety of the party were gone. Gen. Cass happily took one of these bold and decisive steps which, in moments of peril, are the safest. He ordered the Ame- rican party under aims, and while this order was executing, ho walked across to the Indian camp, and going up to the lodge of the hostile Chief, he tore down the flag and put his fo4 upon it. He was attended only by his inter- preter, who explained to them, by his directions, the audacity of the steps they had taken and his detorminalion under any circumst-mces to prevent and pun- ish such conduct. The leproof w.as received in silence, and the party jumped into their canoes and paddled over to the Canadian shore. After a while, however, they returned, and business was icsumed, and, ultimately, the de- sired arrangement was made. In 1831, General Cass was called to the administration of tlie War Depart- ment, by Gen. .Tackson. As the period, during which he presided there is near, it is not necessary to go into a review of the principles and measures he adopt- ed. A few points, however, of general and permanent interest, are worthy of a passing attention. Among these were two questions of vital importance to the country, and involving the fundamental principles of the constitution for discussion. In their progress, they cast upon the government a heavy respon- sibility, and great trouble and labor, and were watched with a jealous solicitude by the whole community, which was divided in opinion respecting the points involved in their solution. Happily, by the wisdom and firmness of the pa- triot then at the head of the government, and by the good sense of the nation, they passed away, without leaving behind them any etlects injurious to our institutions. These controverted subjects are the questions, which arose in Georgia, respecting the relative rights of the Indians and of the State.s, within whose jurisdiction they live, and that which arose in South Carolina, respect- ing the power of the State Legislatures to nullify an act of Congres--. The measures which were called for by the Indian question belonged exclu- sively to the War Department, and to that department belonged also such measures as the necessary application of force by the army and militia in de- fence of the laws and the constitution might render necessary. How critical and delicate, the practical solution of questions of this nature is rendered by the mixed principles of our government, is evident to the most careless observer. They are questions of constitutional right, the propositions on each side, sepa- rated by a boundary, not always well defined, and liable therefore to bo con- strued most favorably to the views and position of the respective partie.". It is not difficult to conceive cases of such a flagrant abuse of its powers by the ge- neral Government, as to call upon every man attached to the constitution of his country, and who believes that the existence of the State Governments^ in all their just authority, is essential to the preservation of our freedom, to in- terpose with counsel and action, to preserve the balance of tlic constitution. — And on the other hand, it is not diflicult to foresee cases which may happen when the action of the general government, while within the clear and legiti- mate exercises of its duties, may be impeded by sectional views. No man can j5x a precise boundary to the mutual right of interference, and define, with prac- tical exactness, where opposition is leg.il, and where it becomes" illegal, any more than he can draw a precise line between day and night, between inter- Rr.N'F.UAL Ll.WIS CASS. 15 mingling colors, or between a countless number of subjects, material and im- material when the lines of diflerence are intangible. All this must be settled as the subjects arise for decision, and fortunately there is such a redeeming power in the public opinion of our country, that it has never yet failed, and we trust never will fail to bring to a happy and peaceful issue any diflerences of opinion between the general and State governments of this confederation. The Indian question daring the period of General Cass' administratiori of the War Department assumed a most alarming aspect. The political difficul- ties which accompanied it, were greatly increased by a decision of the Supreme Court, that confirmed the Cherokees in the opinion they had formed of their independence of the State authorities. Believing that the principles of this de- cision were erroneous, and that theit practical application would be fraught with the most dangerous consequences, a temporate review of the whole sub- ject was published in the Globe of March 31,1 8.34, and filled one half of that paper. As Gen. Cass was well known to the author of this examination, it immediately attracted general attention, and while it was highly approved by all, who took similar views of the questions, it was generally admitted to l>e imexceptionable in the manner in which the investigation was puisued. It was perfectly understood that previously to the publication, it was submitted to Gen. Jackson and his Cabinet, and that it met their entire approbation. In- deed it may be considered as an authoritative exposition of the views of the Ad- ministration upon the subjects involved in the general inquiry. This paper thus commenced: — " It must be consolotary to every American, and in fact to all, wherever they may be, who regard with anxiety the pro- gress and prospects of free principles through the world, that there is a sanito- ry influence in our institutions, which if it cannot prevent, can heal without difficulty or danger those maladies, to which all public bodies are from time to time liable. In looking back upon the history of our career and prosperity, and the generation has not yet disappeared which laid the foundations of both; many rjuestinnes veraias, appear, each of which agitated the community in its own brief day, and some of which, either from the magnitude of the interests involved, or from the excitement that prevailed, threatened the most seiious consequences to the stability of the government, and the prosperity of the country. But by the favor of Providence one after another of these have passed away, leaving our Union and institutions unscathed. The present day is not without its own share of doubtful and difficult qucetions. Let us hope that they will be discussed in a spirit of forbearance and arranged in a spirit of mutual accommodation. Our national motto should remind us that we have become one from many ; and if the blessings which this union has pro- duced are to be perpetuated, we must seek in a sense of interest and safety, and in a feeling of patriotism, the true power of cohesion. "Upon the virtue and intelligence of the people we must rely in our seasons of danger. They have thus far been the ark of safety. It were presumptuous to doubt, that they will be most ellicacious, when they may be most wanted," The question is thus stated, "without narrowing the controversy to a single point. We understand it in general terms to be this. Has the State of Georgia a right to extend her laws over the Cherokee lands, within her boun- daries T The consideration of this subject will lead to the investigation of those principles of intercourse, which have been established between civilized and baibarous men, and to a retrospect of the practice and possessions of the different nations who have planted colonies in America." An historical and [jolitical examination of the whole subject then follows, which concludes by this summary. First, that civilized communities have ai right to take possesion of a country, inhabited by barbaroos tribes, to assume jurisdiction over them, and to " combine within narrow limits," or, in other words to appropriate to their own use such portion of the Territory, as they think proper. Second, that in the exercise of this i^right, such communities 16 TW: Lirt S>D SKKTilTI'.S OP are the judges of the extent of jurisdiction to he aasum^J, and of Terntoiy to be acquired." After thia suinroaiy couies the (|Ucstion, whether this controlling authority resides by the Conslituiion of the bnited Stiles in the gcneraKjovernment.or in the lespcctive State ftovernments, within whose jurisdiction the Indians live. It is icrnatkcd th-it in " tiie solution of this ijucstiun the Indians have no con- cern. These rights, whatever they may be, whether natural or conventional, are wholly independent of this inquiry. It is one which afFccis the parties to our own Government, and is to be decided by the constitution which they have established. And whether that portion of sovereign power which regu- lates the rights and duties of the united body itself, the relatio.i which the two parties bear to one another will remain uncltanged." It may be observed in the investigation of this subject, that this attribute of authority' belonged to the several Slates, and still belongs to them, unless they have ceded it to the general Government. In the constitution of the latter, therefore, this evidence of cession must be found, before the power itself can be exercised." The writer then proceeds to make this inquiry, and after an elaborate ex- amination of the subject, concludes that the relations of the general Govern- ment with the various Indian tribes, living within the boundaries of the States, do not extend to prevent the legislatures from subjecting those Indians, when they please, to the operation of the laws of such States. In the pre- vious discussion we have confined ourselves to the question of right, avoiding all those considerations, which render it expedient that the Indians should re- move to the country west of the Mississippi, assigned for their permanent resi- dence. No false philanthropy should mduce us to wish their continuance in the positions they now occupy. The decree has gone forth ; it is irreversable, that the white and the red man cannot live together. He who runs may read. He may read it in the past and in the present, and he may discern it in the signs of the future, without attempting to investigate the causes, moral or physical, which have enacted this law of stern necessity, it is enough for our present purposes to know that it exists, and to feel that its penalty is destruc- tive to one of these parties ; a penalty only to be avoided by migration be- yond the sphere of its influence. The longer ihis'salutary measure is delayed, the greater will be the injury to them. Their state of excitement and un- easiness will continue, the collisions and difficulties with their white neighbors will multiply, and surrounded, as they must be, with disheartening troubles, their prospects may be wrecked in this hopeless conflict. Had they not better go, and speedily 1 Go to a cHmate which is salubrious, to a countiy fertile and extensive, beyond their wants now and for generations to come ; and to a home which promises comfort and permanence. The first report made from the War Department, after General Gass' acc^ sion to it, laid down the principles of its administration upon this subject, in conformity with the views above quoted. This report is dated November 21, 1831, and in it the following sentiments are expressed: "That we may neither deceive ourselves nor the Indian, it becomes us to examine the actual state of things, and to view them as they are, and as they are likely to be. Looking at the circumstances, attending this claim of exemption on the one side, and of supremacy on the other, is it probable thit the Indians can succeed in the establishment of their pretensions 1 The nature of the question, doubt- ful to say the least of it; the opinion of the Executive; the practice of older States, and the claims of younger ones; the difficulties which must attend the introduction into our system of a third government, complicated in its relations, and indelrnite in its principles; public eentinient naturally opposed to any reduction of territorial extent or of political power, and the obvious difficulties insuperable from the consideration of such a great political question with icgard to the tribunal and the trial, the judgment and the powers, present obstacles which must be overcome before this claim can be enforced." The 6ENKBAI- LKWJS CASS. 17 whole countiy knows llie result of the controversy. By the firmness and moderation of the Government, its at first alarming Ibaturcs gradually tlisap- peared. Measures were taken for the removal of the Indians, and for their comfortable establishment in the West, in a far happier position ; and the State of Georgia found its rights vindicated, and its legislative authoiity ex- tended over all persons, of whatever color or condition, residing within ita chartered boundaries. State Rights and Federal Rights were happily brought into unison, and the satisfaction of the Legialature of Georgia at the conduct of the War Department, acting under the orders of the President, in this delicate matter, is evinced by the high compliment paid to the Secretary, in giving his name to a county. Far more portentous in its aspect at one period, was the South Carolina controversy. Itsoiigin, progress and termination, as well as the principles in- volved in it, arc now matters of history, to be studied for good or for evil, as a mutual spirit of forbearance may hereafter animate tlie confedeiated Govern- ment and its component parts. Every true American will prav that such an issue may never again be presented to his country to try. The view which General Jackson took of the constitulioual rights of the parties, and of his own duties, is well known to the whole Union, and is too fresh in the recollection of all to need any recapitulation here, it is under- stood that he had the unanimous support of his cabinet in the trying circum- stances in which he was placed. His celebrated [iroclamation contained the avowal of his sentiments. With his habitual frankness, he laid before the people in that paper what he thought to be the principles involved in the controversy, and what he thought he ought to do. It was hastily prepared, for the circumstances were alarming, and events were pushing on to their consummation. Some of its views were misconstrued, and it was represented to contain sentiments destructive of .State Rights. But such was not the case» General Jackson was as sincerely attached to the just rights of the States as any man in the country, and looked to their constitutional action as one of the great safeguaids of public liberty. The proclamation was much criticised, but when the proper explanations through the press was given, it met with as general approval as almost any State paper which ever emanated from our Government. During the crisis of this affair the administration had two great duties to { crform. One was to support the constitutional rights of the General Govern- n cut at all hazards ; and the other, so to shape its measures, as to bring the nf^air to a fortunate issue, without the actual collision of the parties. While, t! crefore, the Departments, acting under the orders of (Jeneral Jackson, were l!rm in their pieparation, and in their resolution to sacrifice nothing which I rght to be maintained, they were, at the same timf, moderate and conciliatory hi their tone, and urging upon their subordinate oiliccrs the necessity of their utmost discretion. It is not believed tliat any objection was ever made to the mode in which these duties were peiforriu;-GTOx, November 18, 1832. Sir — The stale of afluirs in South Carolina has occasioned much solicitudi to the President. Ho induls^es the hop? that the intelligence and patriolisn of the citizens will prevent any infraction of the constitution and laws of thr General (iovernment. But while he anxiously looks for this result, he deems it possible, from the information he has received, that, in the first eflervescenci of feeling, some rash attempt may be made by individuals to take possessMi of the forts and harbor of Charleston. The possiliility of such a mcasurt furnishes a sufficient reason for guarding against it, and the President is therefore anxious that the situation and means of defence of these fortilicationf should be inspected by an officer of experience, who could also estimate and provide for any dangers to which they may be exposed. &c. Yo :r duty will be one of great importance, and of great delicacy. You will consult fully and freely with the collector of the port of Charleston, and with the District Attorney of .South Carolina ; and you will take no step, except what relates to the immediate defence and security of the posts, with- out their advice and concurrence. The execution of the laws will be en- forced through the civil authority, and by the mode pointed out by the acts of Congress. iShould, unfortunately, a crisis arise, when the ordinary power. in the hands of the civil officers shall not be sufficient for this purpose, the Pre- sident will determine the course to be taken, and the measures to be adopted. Till, therefore, you are otherwise instructed, you will act in obedience to the legal requisitions of the proper civil officers of the United States. (Signed) LEWIS CA8S. Major General Scott. CCojiJidential.J Dei'ahtxf.nt of Wau, ^ Washingtd.v, December [3, 18G~. S Sin, — Your letter of the 27th ult., has been received and laid before the President. He is pleased at the discretion and judgment manifested by you. The course of the government will be regulated by the principles stated, in the personal interview I had with you. I cannot but hope the good sense and patriotism of the citizens of .South CJarolina, will still prevent the occur- rence of those consequences which must result from the attempt to enforce the ordinance recently passed by the convention of that state. In any event, the President will perform his duty, and only his duty, under the constitution and laws of the United fStates. (Signed) LEWIS CASS. Major General Scott. (" ConJidcn/ial.J 1 Dki'VIitmext (.v War,^ January 20, 1832. S (Extracts.) "All your despatches have been communicated to the President, and your general views and proceedings have been approved by him. The three orders, to which you especially refer, I shall briefly advert to. It is the most earnest wish of the President, that the present unh.appy diffi- culties in South Carolina, shoulil be terminated without any forcible collision, and it is his determination, if such collision does occur, it shall not be justly imputable to the United Stales. He is, therefore, desirous th.-it, in all your proceedings, while you execute your duty firmly, you act with as much dis- f;i;M;HAi, Lr.wis cass. 19 cietion and modcialion as possible, and this course he has never doJibted you will adopt. Self-defence if» a light as much belonging to military bodies as to individu- als; and officers commanding separate posts are responsible, at all times, for their defence, and are bound to use due precaution to avoid danger. If a jbody of men approach Sullivan's Island, with apparently hostile views, it vvill ihe proper to pursue the course indicated hy you to Colonel Bankhead, that is, I to warn their commanding olliccr to retire, and to inform him of the course which you will be compelled to adopt, in the event of his continued approach, I Should this warning be inefVectual, and the armed body attempt to land, you iwill be justified in resisting such attempt. But, before this unfortunate alter- native is resorted to. I rely upon your patriotism and discretion to endeavor, by all reasonable and peaceable means, to induce any such armed body to abandon their enlcrprize. The subject is committed to you, in the full con- viction, that while you discharge your duly as an officer, you will be mindful of the great delicr.cy of the subject, and of the anxiety of the President to avoid, if possible, a resort to force. But whatever the just rights of self- defence require, must be done, should a case occur involving such a ques- tion. (Signed) LEWIS CASS. Major General Siott. It is easy to deduce from these documents, the principles of action of the Administration. Jst. An unshaken determinatioit to enforce the constitution and liws of the United Slates. 2d. An earnest anxiety to avoid a collision. 3d. An injunction upon the military officers to act solely upon the de- fensive. 4lh. Proper directions to them to use all means of conciliation. 5th. An annunciation that the measures to be adopted, should the contro- versy be pushed to a collision, would be determined by the President upon a view of the whole circumstances, and that, till his orders were communicated, the military power was to act solely upon the defensive. It is difficult to conceive how more moderation could have been used, or more respect displayed towards the author ilies of South Carolina, than were shown in this correspondence. The most zealous asserter of Slate rights could ask no more. Happily the threatening storm passed away, and left us a united people. There was another subject during General Cass' administration of the War Department, which threatened, at one time, to bring the general Government into collision with the authorities of the State of Alabama. But the same nioderalion and firmness in the head of the Government, produceil the same favorable result as in the preceding cases. A treaty had been made with the Creek Indians, which guaranteed to them that intruders should be kept from the ceded territory till the Indians could remove from it. Emigrants, however, pushed in and covered the country. T'nder the act of Congress, of March 3d, 1S09, and in conformity with the p.ovisions of the treaty, it became necessary to remove them, and orders to that efiect were given. Against this course. Governor Gazlc, the Governor of .Mabama, remonstrated. We shall extract a few passages from the answer of the Secretary of War, dated October 22d, 1833, and taken fiom the Congressional documents. " The right of the State of Alabama to extend its jurisdiction over the dis- trict in question, is fully admitted. The President does not claim, on behalf of the United States, any right of jurisdiction, except such as is every where vested by the Constitution in the general Government. The ownership of the land, and the authority to legislate over it, for the ordirjury purposes of 540 THE LIFJE AMI SLUVlCtS 01' life, embrace powers entirely distinct in themselves, and which, in this case, must be exerci.sed by dillcrent tiibiinals. The United States constitute a great landholder, po.sKesbing, under the Constitution, the right to " make all needful rules and legulutions concerning their territory and other property." They have made a regulation by which intruders upon their lands shall be removed, under the orders of the PrcsiJent, by a military force. Jn doing this, they do no more than an ordinary individual, who lupuls the forcible inliuder, who comes to take jjossession of his house and land. Such an individual, by the act of expulsion, exercises an authority acknowledged to be in him. " But he exercises no act of jurisdiction He performs none of those func- tions of supreme authority, included in the very term itself, and essential to the preiogutive of dictating what the law shall be. In like manner, the United States, while removing the settler beyond the boundary of their possessions, assume no other control over him, and leave him to ijic oidinary operation of the State laws. •' It cannot be denied, but that the removal of the settlers from the ceded territory, will be attended with much inconvenience, and I sincerely wish the necessity of the measure could be obviated. And so far as this can be done, by a vigorous pro.^ccution of the busimss of location, m.' means in the power of the department will be spared to effect it; and its execution will leave the settleis in the same condition as all other persons are placed, who occupy the public land?, where tlicrc are no treaty stipulations requiring theii eviction. " But, while 1 acknowledge and lament this inconvenience, I cannot admit that the arguments derived from it can outweigh the positive requisi'.ions of a solemn covenant, under which the I'nitcd States acquired, and by virtue of which they hold the district in question, and which formed one of the princi- pal inducements operating upon the Indians, to make the cession. " Your Excellency deprecates the employment of a military force in the re- moval of intruders, and you demand that the government should " put away the sword, which has been unnecessarily and too l^astily drawn against this large and unoffending community.' It is, as you remark, the appropriate ar- biter in contests of ambition, but not in questions of constitutional right. Cer- tainly questions of tight, whether constitutional or otherwise, ought never to de decided by the sword ; and the spirit of our countrymen, as well as the ge- nius of our institution?, is opposed to its employment in all cases within the ordinary operation of the laws; and the military force now in Alabama has no instructions to interfere with the authority of the Slate. The following ex- tract of a letter to the Marshal of Alabama, in answer to an application from him, will show how cautious the government have Ikjcu upon the subject. " ' I have received your letter ol the '.id instant, and, in answer, have to in- form you that you will submit to any Icg-il process which may be issued against ycu. "\'our duly consists in removing fiorn the ceded territory the in- truders who have token possessiun of it in violation of the law and the stipu- lations of the Cieek Treaty of 18'.J2. In executing this duty, you will em- ploy all the neccs-ary lae.ins iJaced al your di>posal by the particular instruc- tions of the government, ur by the general provisions of the acts of Congress. Though the President cannot but hope, that, on a full view of the obligations of the United States, and the entire want of title on the part of the persons living irr this district of country, they will peaceably remove wiihiii the period limited by you. If suits arc instituted against you in any of the State Courts for your jiroceedings iir this iiiilter, submit to the process without hesitation. Interpose not the slightest obstacle to its ser .-ice.' " " The United .Stairs claim rro special jirrisdictioti over the inhabitants of the ceded territory. 'J'hey only claim the right to remove them from the pub- lic land they occupy. The District Attorney will be instructed to remove to the Courts of the Unit>d States, whenever it can l)e legally done, all suits in- stituted against you on thi-; account, and there to conduct your defence ; or, if necessary, you will remove them vourself. He will be likewise instructed to Uh>KKA.l. 1.1. WIS CASS. 21 defend you in the Stale (Jourls in ihosr suits, if any there niay be, which can- not be removed into the Courts of the I'nitcd States.' '' " Force must often be employed in the execution of any law, and it must be ready to be employed in all laws, if their obligations arc to be respected. — There are two cases in which the National Legislature have authorised its use in enforcing thei* acts. These are, by virtue of the act of March 30, 1802, where instructions are made upon Indian lands not within the ordinary juris- dirtion of any State ; and by virtue of the act of March i)t\, 1807, where in- strusions are made upon the public lands. It does not become me to say whether Congress have been right or wrong in making these provisions. It is enough for the justificalion of the Executive, that they are found upon the statute books, and that their general obligation is not disputed. The authority which enacted, can alone repeal them." (Signed) LEWIS CASS. Exlracl of a Letter to Major M'lritwk. DEPAiiT>rENT OP War, ^ Octolier 29, 1833 3 Sir : — Your letter of the 21 si instant, to General Macomb, has been laid before me, and, in answer, I have to inform you that you will interpose no ob- Btacle to the service of legal process upon any officer or soldier urder your command, whether issuing from the Courts of the State of Alabama, or of the United S;ates. On the contraiy, you will give al! necessary facilities to the execution of such process. It is not the intention of the President that any part of the military force of the United St^ites should be brought into collision with the civil authority. In all questions of jurisdiction, it is the duty of the former to submit to the latter, and no considerations must interfere with that duty. If therefore, an officer of the State, or of the United States, come with legal process against yourself^ or any oflRcer or soldier of your garrison, you will freely admit him within yeur poets, and allow him to execute his writ undistuibed. (Signed) LEWIS CASS. Extract of a Letter in F. B. Key, Esq. DePAR; STENT OF War, October 31, 1833. " Let all legal process, whether from the Courts of the Unifed States, or from those of the State of Alabama, be submitted to without resistance, and without hesitation. The supr^-macy of the civil, over the military, authoiity is one of the great features of our institutions, and one of the bulwarks of the Constitution." (Signed) LEWIS CASS, These extracts will convey an idea of the alarming tendency of the contro- ' versy, as well as the policy and principles of the Department of War. Wise and moderate counsels prevailed. The Indians left the country as soon as the Becessary preparations were made, and, in the meantime, their just rights wf-re protected, and all collision avoided. A jealous regard was shown for ihc ho- nor of the State of Alabama, and her Constitution and laws were respected and obeyed. In 1836, General Cass quit the department of war. It is well known that he enjoyed the full confidence of General Jackson, who was anxious ha shouKl retain Iiis peat in the cabinet, till the expiration of the administration. But his health having been broken down by his official Inhors, he could not remain, and he retired, with the decisive proofs of the good feeling and satis- faction of the President. One was a warm letter', thanking him for his set- 22 THi; LlfJi AXD btUVICKS 01' vices, and expressive of the kindest sentiments towards him personally, and the other was the mission to France, to which he was appointed. During his residence at Paris, arose the question of the quintuple treaty, one of the most portenluous subjects whicli has ever threatened our honor or interest. Eng- land, from professed philanthropic, but from really interested motives, was seeking to establish a new principle of niaratime police, by which she could search the vessels of all nations traversing the occ.in. By persevering eftbrts, she had obtained separate treaties with various poweis of Europe, some great and some small, for nothing is too high or too low for human ambition, by which the right of scarce waj granteJ. She then said, through her secreta- ries, Lord I'almeiston and Lord Aberdeen, that as she could not execute these treaties without searching the vessels of all nations, to ascertain to which they belonged, she should assume that right, and stop and board the vessels of the United States wherever they might be found. And to give more moral weight to her pretensions, she projected another treaty wiih the fout great powers of Euiope, embracing in it the right of search, and intended to make it the law of the ocean. The treaty was signed before public attention was much turned to it, but fortunately it was not ratified, and it was of vital importance to the United >States, and all other powers interested in the freedom of the seas, that it shou.d not be ratilied by France It was, of course, well known, that from the nature of their governments, the ratifications of Russia, of Austria, and of Prussia would not be withheld. But France being a constitutional monarchy, and public opinion operating powerfully there upon the administration, it was hoped the nation might be induced to act upon it, through the Chamber of Deputies. And it was obvious, trom the state of the- maritime world, that if France could be withdrawn from this confederacy^, no new principle of pub- lic law could be created, to which she and the United States should enforce their sanction. A quintuple treaty would be dangerous, but a quadruple treaty would be without the least efi'cct or influence. To produce, therefore, this result, was an object of the highest importance, and the American minis- ter at Palis, finding himself without instructions from his government, had to depend upon his own resources, and to act upon his own responsibility. His operations were two-fold. First, to operate upon public sentiment, and then directly upon the government. His pamphlet upon the right of search was the measure he adopted to eflect the first object, and his formal protest against the^ French ratification of the treaty, the second. The pamphlet was pub- lished in English, in French, and in German, and was distributed throughout Europe. Its eflect is well known, and we need not dwell upon it here. The appeal, by protest, to the French Government, was successful. That paper has been published, and our readers have, no doubt, perused it. We shall not quote it, but briefly advert to its general spirit. It is a document truly American. The rights of our country are upheld with a proper resolution. "While it is sufficiently respectful, it plainly warns the French Government of the position it will occupy if it sign the treatJ^ It remarks up'n the moral eflect which the treaty is intended to produce upon the United States, and observes, that it is not to be presumed that the five powers meditate a direct attack upon their independence. " But," it continues, "were it otherwise, — and were it possible they (the United States) might be deceived in ihis con- fident expectation, that would not alter in one tittle, their course of action. Their duty would be the same, and the same would be their determination to fulfil it. They would prepare themselves with apprehension indeed, but without dismay — with regret, but with firmness, for one of those desperate struggles which have sometimes occurred in the history of the world, but where a just cause and the favor of Providence have gained strength to com- parative weakness, and have enabled it to break down the pride of power." It is further remarked that the construction which England assumed to put upon her duties, arising out of the slave trade treaties, to wit : to search the ships of all powers, is the subject which gives uneasiness to the United GENERAL LEWIS CASS. 23 States, and that of France sees her own duties in the same light, she, too, must pursue the same course, and in that event, it is significantly added, that '• the United States will do to her as they will do to England, if she persist in this attack upon her independence." We quote the concludiitg pait of this papei, to show the responsibility and determination of the American minister. " It is proper for me to add, that this communication has been made without any instructions from the United States. I have considered this case as one in which an American representative to a foreign power should act without awaiting the orders of his Government. I have presumed, in the views I have submitted to you, that I express the feelings of the American Government and people. If in this I have deceived myself, the responsibility will be mine. As soon as I can receive despatches from the United States in answer to my com- munications, I shall be enabled to announce to you, either that my conduct has been approved b}' the President, or that my mission is terminated." The issue of this matter is before the world. France refused her ratifica- tion, and the quintuple treaty heeamc a dead letter. England experienced the first great check which she had met with in her foreign policy for a quarter of a century ; her subtle scheme to change the maritime code of na- tions to her own profit was stopped, an immediate war with her was probably averted, and if not, a series of aggravations was checked, which eventually would have led to a war, and the just influence of the United States was felt and acknowledged. The overbearing arrogance of the English nation was never more stiikingly exemplified than in the virulent abuse which their journals poured out upon the American minister upon this occasion. They seemed to consider his con- duct as a personal matter, which gave every Englishman aright to abuse him. And this right was not sparingly exercised. We shall cull from the Wash- ington Globe, where they were transferred for contempt and pieservation, a few of these choice flowers of rhetoric. The Times says, — " His (Gen. Cass') protest is not less remarkable as a violation of all the customs of diplomatic intercourse, than for the bad reason- ing and false assertions with which it abounds." " It is as indecorous in its tone, as it is inconclusive in its argument." The Herald says, — " Rumors are afloat in well informed circles, that the French cabinet has at length received proof, that General Cass, the American minister in Paris, in protesting against the ratification of the slave trade treaty was only an instrument in the hands of M. Thiers, and of the opposition." The London Examiner says, — " General Cass may be useful in Paris as a pamphleteer, but as a diplomatic agent his occupation is gone. And the sooner he takes himself ofl^", the better for the influence of his Government in Palis ! !" — ytrij kind and disinterested advice, "They (the American people) have no sympathies with that mode of quarrelsome misreptesentation, of which General Cass afibrded a sorwewhat clever and a very clumsy exemplification." — Times. While our Minister was assailed abroad, there was not found wanting as- sailants in the public journals at home, to impugn his whole course in this matter. Among the most prominent of these, were the National Intelligencer, and the New York American. It is worth while, as a subject of history, to record the fact. Their objections seemed to be, that the proceedirg was inde- corous to the French ; that it was an unjustifiable interference, because not di- rected by our own government, and that it was a violation of that established maxim of our foreign policy, which warns us from mixing ourselves in Eu- ropean combinations. As to the first objection, it is now well known that those who took this side of the matter were more jealous of French honor, than the French govern- ment itseltj for, it is believed, that it never intimated the slightest dissatisfao- 34 i.he AM) si:uv;cF.s op okmhal lewis cass. tion at the inlerfercnce of ihe American Minister, but that its answer was al- together courteous and conciliatory. And, with regard to the second — here again is a too sensitive jealousy for American honor, outrunning the governmpnt its natural depository ; for the President in his last annual message has not only deelarcd his approbation of the whole proceeding, but has farther declared that the view of the right of search taken in his ineEsjge of 1841, was a sufficient authority to Gen. Cass for interference. But the strangcpt objection of all was that it was an improper meddling with European policy. It would appear that nothing but the violence of party could put this construction upon an act so truly American and defensive. So far from being an attempt to interfere with European combinations, it was an attempt to prevent European combinations from interfering with us. Our Minister's application was founded upon the true let alone policy. He wished to detach an old friend from an alliance, or rather to prevent her from form- ing an alliance which threatened the greatest danger to our honor and inter- est. We suppose no man, not fit to occupy a mad house, will contend, that the warning of our Patriarchs against " entangling alliances," is intended to warn us against the use of proper measures to prevent such " alliances" from being formed with intentions hostile to us. A government at home, which would not adopt such measures, or a Minister abroad who woald not faithful- ly give eifect to them, would as surely as justly encounter the public indigna- tion. But we shall not pursue tlis matter farther. Public opinion has passed upon the conduct of the Minister, and a British citizen will never violate the sanctuary of an American vessel without exciting the indignation of the Ame- rioMi people. TKV BV». « 73 r .»•• 0* . ' ♦ o. • c- ^mi^' ^^ <^ *^-^ o V^_ d.V ^/ -^^ ^^ - <^. '" q*. *..-•* aO 1 " "* cv • " » 4^ >0^ . 'o • » V • 1 • • • *^. lO* . q.. *'7CT» .'V * 'O J-^ ,♦ • •'b v:^ ' : i'^-n^. - ' .'ill:* -^ v^ »'•