LIFE OF GEN. MDEEW JACKSON. BY JOHN S. JENKINS, A. M. LIFE PUBLIC SERVICES GEN. ANDREW JACKSON SEVENTH PRESIDENT OP THE UNITED STATES ; INCLUDING THE MOST IMPORTANT OF HIS STATE PAPERS. EDITED BY JOHN S.' JENKINS, A. M. THE EULOGY, DELIVERED AT WASHINGTON CITY, JUNE 21, 1845. BY HON. GEORGE BANCROFT. BUFFALO : GEO. H. DERBY AND CO. 1850. Entered according to Act of Congress, in the year 1850, by GEO. H. DERBY & CO., In the Clerk's Office for the Northern District of- New York. JEWETT, THOMAS, vhich they be- longed particularly distinguished itself. In the month of September, Mrs. Jackson and her sons, with most of the Waxhaw settlers, were again compelled to retire into North Carolina ; from which they returned in February, 1781, as soon as they heard that Lord Cornwallis had crossed the Yadkin. It was during the trying scenes of this period of the revolutionary struggle, that Andrew Jackson gave the firsf illustration of that quickness of thought, and prompt- itude of action, which afterwards placed him in the front rank of military commanders. A Whig captain, named Lands, who had been absent from home for some time, desired to spend a night with his family. Robert and Andrew Jackson, with one of the Crawfords, and five others,' constituted his guard. There were nine men and seven muskets. Having no special apprehensions of an attack, they lay down on their arms, and, with the ex- ception of a British deserter, who was one of the party, went to sleep. Lands' house was in the centre of an enclosed yard, and had two doors, facing east and west. Before the east door stood a forked apple-tree. In the southwest corner of the yard were a corncrib and stable under one roof, ranging east and west. On the south was a wood, and through it passed the road by which the house was approached. A party of Tories became apprized of Lands' return, and determined to surprise and kill him. Approaching through the wood, and tying their horses behind the stable, they divided into two parties, one advancing round the east end of the stable towards the east door of the house, and the other round the west end towards the west door. At this moment, the wakeful soldier, hearing a noise in the direction of the stable, went out to see what was the matter, and perceived the party which were en- tejfing the yard at the east end of the building. Running back in terror, he seized Andrew Jackson, who was near- 32 LIFE OF JACKSON. est the door, by the hair, exclaiming, " The Tories are upon us." Our young hero ran out, and, putting his gun through the fork of the apple-tree, hailed the approaching band. Having repeated his hail without an answer, and perceiving the party rapidly advancing and but a few rods distant, he fired. A volley was returned, which killed the soldier, who, having aroused the inmates of the house, had followed young Jackson, and was standing near him. The other band of Tories had now emerged from the west end of the stable, and mistaking the discharge of the advance party, then nearly on a line between them and the apple- tree, for the fire of a sallying party from the house, com- menced a sharp fire upon their own friends. Thus both parties were brought to a stand. Young Andrew, after discharging his gun, returned into the house ; and, with two others, commenced a fire from the west door, where both of his companions were shot down, one of them with a mortal wound. The Tories still kept up the fire upon each other, as well as upon the house, until, startled by the sound of a cavalry bugle in the distance, they betook themselves to their horses, and fled. The charge was sounded by a Major Isbel, who had not a man with him, but, hearing the firing, and knowing that Lands was at- tacked, he gave the blast upon his trumpet to alarm the assailants. The British commander, having been advised of the return of the Waxhaw settlers, despatched Major Coffin, with a corps of light dragoons, a company of infantry, and a considerable number of Tories, for their capture and destruction. Hearing of their approach, the settlers ap- pointed the Waxhaw meeting-house as a place of rendez- vous, and about forty of them, among whom were the two Jacksons, had assembled there on the day appointed, and were waiting for a friendly company under Captain Nisbett. When the enemy approached, their commanding officer placed the Tories in front, in order to conceal the dragoons ; and the little band of settlers were completely- deceived by the stratagem. Supposing the reinforcement for which they had been waiting was approaching, they were prepared to welcome them as friends, but the mo- TAKEN PRISONER BY THE BRITISH 23 ment after they discovered their unfortunate mistake. Eleven of the number were taken prisoners, and the rest sought for safety in flight. The two Jacksons were among those who escaped, and temporarily eluded pur- suit. They remained together during the ensuing night, and on the approach of morning concealed themselves in a thicket on the bank of a small creek, not far from the ouse of Lieutenant Crawford, who had been wounded nd made prisoner. Becoming very hungry, they left their horses in the wood, and ventured out to Craw- ford's for food. But a party of Tories, who were well acquainted with the country, and the passes through the forest, unfortunately passed the creek, in the mean time, at the very point where the horses and baggage had been left ; and, guided by one of their number, whose name was Johnson, they approached the house, in com- pany with a small body of dragoons, and presented them- selves at the door, before the young Jacksons were aware of their approach. Resistance and flight were alike hopeless, and neither was attempted. Mrs. Crawford, with several children, one of whom was at the breast, were the inmates of the house. A scene of destruction immediately took place. All the glass, crockery, and other furniture, were dashed in pieces. The beds were ripped open, and the feathers scattered to the winds. The clothing of the whole family, men, women, and children, was cut and torn into frag- ments. Even the children's clothes shared the fate of the rest. Mercy for the wife and little ones of a hus- band and father, who Avas already wounded and in their hands, and doomed to imprisonment, if not death, touched not the hearts of these remorseless men, and no- thing was left to the terrified and wretched family, but the clothes they had on, and a desolate habitation. No attempt was made, by the British officer commanding, to arrest this destruction. While it was in progress, he ordered Andrew Jackson to clean his muddy boots. The young soldier refused, claiming to be treated with the respec. due to a prisoner of war. Instead of admiring this manly spirit in one so young, the cowardly ruffian struck at his 34 LIFE OF JACKSON. head with his sword ; but, throwing up his left hand, the intended victim received a gash upon it, the scar of which he carried to the grave. Turning to Robert Jackson, the officer ordered him to perform the menial task, and, re- ceiving a like refusal, aimed a furious blow at his head also, and inflicted a wound from which he never recovered. After these exhibitions of ferocity, the party set Andrew Jackson upon a horse, and ordered him, on pain of instant death, to lead them to the house of a well-known Whig, by the name of Thompson. Apprehending that Thomp- son was at home, it occurred to his young friend that he might save him by a stratagem. At that time, when men were at home, they generally kept a look-out to avoid sur- prise, and had a horse ready for flight. Instead of leading the party by the usual route, young Andrew took them through woods and fields, which brought them over an eminence in sight of the house, at the distance of half a mile. On reaching the summit, he beheld Thompson's horse tied to*his rack, a sure sign that his owner was at home. The British dragoons darted forward, and, in breathless apprehension, Andrew Jackson kept, his eye upon Thompson's horse. With inexpressible joy, he saw Thompson, while the dragoons were still a few hundred yards distant, rush out, mount his horse, dash into the creek which ran foaming by, and in a minute ascend the opposite bank. He was then out of pistol shot, and as his pursuers dared not swim the rapid stream, he stopped long enough to shout execration and defiance, and then rode leisurely ofl'. Andrew Jackson and his brother, with about twenty other prisoners, were mounted on captured horses, and started for Camden, over forty miles distant. Not a mouth- ful of food, or drop of water, was given them on the route. The streams which they forded had been swollen by re- cent rains ; but when the}" stooped to take up a little wa- ter in the palms of their hands, to assuage their burning thirst, they were ordered to desist by the brutal guard. Arrived at Camden, they were confined, with about two hundred and fifty other prisoners, in a redoubt surround- ing the jail, and overlooking the country to the north. No IMPRISONMENT AT CAMDEN. 25 attention was paid to their wounds or their wants. They had no beds, nor any substitute ; and their only food was a scanty supply of bad bread. They were robbed of a portion of their clothing, taunted by Tories with being re- bels, and assured that they would be hanged. Andrew Jackson himself was stripped of his jacket and shoes. With a refinement of cruelty, the Jacksons and their cou- sin, Thomas Crawford, two of them severely wounded, were separated as soon as their relationship was known, and kept in perfect ignorance of each other's condition or fate. In aggravation of their sufferings, the small-pox made its appearance among them. Not a step was taken to stay its progress or mitigate its afflictions. Without physicians or nurses, denied even the kind attentions and sympathy of relatives who were fellow-prisoners, their keepers left them to perish, not only without compassion, but with apparent satisfaction. One day Andrew Jackson was sunning himself in the entrance of his prison, when the officer of the guard, ap- parently struck Avith his youthful appearance, entered into conversation with him. With characteristic energy, the fearless lad described to him the condition of the pri- soners ; and among the rest, their sufferings from the scantiness and bad quahty of their food. Immediately meat was added to their bread, and there was otherwise a decided improvement. The Provost was a Tory from New York ; and it was afterwards alleged that he with- held the meat he had contracted to supply for the support of the prisoners, to feed a gang of negroes, which he had collected from the plantations of the Whigs, with intent to convert them to his own use. During the confinement of the Waxhaw prisoners at Camden, General Greene made his unsuccessful attack on the British forces at that post under Lord Rawdon. The American army was encamped onHobkirk's Hill, about a mile distant, and in full view of the redoubt in which the prisoners were confined. On the morning of the 24th ot April, Andrew Jackson became convinced, from what he saw and heard, that a battle was soon to take place. He was exceedingly anxious to witness the conflict, but the 2 26 LIFE OF JACKSON. thick plank fence that extended around the redoubt, com- pletely shut out the view of the surrounding country. Determined that he would not be foiled in his wish, he set himself at work with an old razor-blade, which had been given to the prisoners to eat their rations with, and by working the greater part of the night, he contrived to cut one of the knots out of a plank, and through this obtained a view of Greene's encampment, and of the san- guinary struggle which took place on the following day. In a few days after the battle before Camden, the two Jacksons were released, in pursuance of a partial exchange effected by the intercessions and exertions of their mother, and Captain Walker of the militia. While he was con- fined in prison, Robert had suffered greatly from the wound in his head which had never been dressed. Inflamma- tion of the brain soon after ensued, which brought him to his grave, in a few days after his liberation. The mo- ther also, worn out with anxiety and solicitude for her chil- dren, and her incessant efforts to relieve the sufferings of the prisoners who had been brought from her ov/n neigh- borhood, was taken sick, and expired in a few weeks, near the lines of the enemy in the vicinity of Charleston. These repeated afflictions were keenly felt by young Jackson, and it was some time before he entirely reco- vered from the shock occasioned by so sudden a bereave- ment. He was tenderly attached to his mother and bro- ther, and as they were his only relatives, their death must have been a severe blow to him. The buoyancy of youth, however, enabled him to bear up manfully against mis- fortune, and he soon after entered into the enjoyment of his estate, which, though small, was sufficient to have given him a liberal education. Unfortunately he had be- come quite intimate with a number of the most polished citizens of Charleston, who had retired to the Waxhaw settlement, during the occupation of that city by the Bri- tish, and had contracted habits, and imbibed tastes, which it was unwise in him to indulge. He accompanied his friends on their return to Charleston ; and, as he deter- mined not to be outdone by his associates, his money was expended so profusely that his whole patrimony was HIS PECUNIARY DIFFICULTIES. 27 soon exhausted, and he was left with nothing but a fine horse which he had taken from the Waxhaws. The ani- mal itself was at length staked against a sum of money, in a game of " rattle and snap." Jackson won the game ; and, forming a sudden resolution, he pocketed the money, bade adieu to his friends, and returned home. This occurrence took place in the winter of 1784, and immediately after his return to the Waxhaws, Jackson collected the remains of his little property, with the m- tention of acquiring a profession, and preparing himself to enter on the busy scenes of life. After pursuing the study of the languages, and other desultory branches of education, under Mr. McCulloch, in that part of Carolina which was then called the New Acquisition, near Hill's Iron Works, for several months, he concluded to abandon the pulpit for which he had been designed by his mother, and embraced the legal profession. In pursuance of this determination, he repaired to Salisbury, in North Carolina, and commenced the studyof the law, under SpruceMcCay, Esq., afterwards one of the judges of that state, and sub- sequently continued it under Colonel John Stokes. Hav- ing remained at Sahsbury until the winter of 1786, he obtained a hcense from the judges to practice law, and continued in the state until the spring of 1788. As an evidence of the estimation in. which his talents were at that time held by the influential men of North Carolina, he soon after received from the governor the appointment of Solicitor for the western district of that state, of which the present state of Tennessee then formed a part. The observations he was enabled to make while en- gaged in the study of his profession, had convinced him that North Carolina presented few inducements to a young attorney ; and recollecting that he stood solitary in life, without relations to aid him in the outset, when innumer- able difSculties arise and retard success, he determined to seek a new country. But for this he might have again returned to his native state. The death, however, of every relation he had, had wiped away all those endear- ing recollections and circumstances which attach the mind to the place of its nativity. The western district of the ^ LIFE OF JACKSON. State was often spoken of, as presenting flattering prospects to adventurers, and his official appointment in that quarter happened quite opportunely to enable him to carry out his intention of visiting that section of the country. In the year 1788, at the age of twenty-one years, he ac- companied Judge McNairy, who was going out to hold the first Supreme Court that had ever sat in the district. Having reached the Holston, they ascertained that it would be impossible to arrive at the time appointed for the ses- sion of the court ; and therefore took up their residence, for some time, at Jonesborough, then the principal seat of justice in the western district. They recommenced their journey, in October, 1789, and passing through an ex- tensive uninhabited country, reached Nashville in the same month. SETTLEMENTS OS THE CUMBERLAND. 29 CHAPTER 11. 1789. Early settlements on the Cumberland — Hardships endured by Jackson, in the discharge of his official duties — Escape from the Indians — His presence of mind — Adventures in the wilderness- Locates at Nashville — Fruitless attempts to intimidate him — Indian depredations — Becomes acquainted with Mrs. Robards — His mar- riage — A member of the Tennessee convention — Chosen a senator in Congress — His resignation, and appointment as a judge of the Supreme Court — Firmness and decision of character as a judge — Difficulty with Governor Sevier — Resigns his office, and devotes himself to agricultural pursuits. 1804. At the time of the first visit made by Andrew Jackson, to the infant settlements on the Cumberland river, includ- ing that at French creek, near the present site of Nash- ville, almost all the settlers were residing in stations, and it was several years before it was entirely safe for them to spread over the country, and Hve in separate cabins. While the Shawanese from the north were carrying on perpetual war with the settlers in Kentucky, the Chero- kees and Choctaws from the south were wreaking their vengeance on the intruders upon their hunting-grounds in Tennessee. Twenty-two times during this period of danger and blood, did General Jackson, in the performance of his public and private duties, cross the wilderness of two hundred miles, then intervening between Jonesbo rough and the settlements on the Cumberland. The hardships and perils of those journeys it is difficult for travellers at the present da}^ duly to appreciate. In addition to his rider, with a loaded rifle on his shoulder, the patient horse carried upon his back his master's blankets, provisions, and equipments. His food was the foHage of the bushes and the native grass. At a fire kindled from a tinder-box, or the flash of his rifle, the traveller roasted his bacon or wild meat on a stick, and cut 80 LIFE OF JACKSON. it with his hunter's knife, while his fingers served him instead of forks. Wrapped in his blanket, with his rifle for a bed-fellow, and his horse standing by, he slept, with no roof to protect him but the boughs of the forest. With- out a water-proof hat or India-rubber coat, he was drenched to the skin by the falhng rain. Often when he was hungry with fasting, and a di?hcious pheasant, or plump deer was before him, he dared not kill it, lest the report of his rifle should give notice of his presence to a lurking savage. At one time when Jackson was traversing the wilder- ness alone, he came, after night, and amid torrents of rain, to a creek, the noise of whose tumbling waters, already swollen to a great depth, warned him not to attempt cross- ing the ford. Dismounting from his horse, and turning his saddle bottom upward, at the root of a tree, he wrapped his blanket around him, and with his rifle in one hand and his bridle in the other, sat upon it, with his horse stand- ing before him, hstening to the roaring stream and the pattering of the raindrops on the leaves of the forest, until the return of day enabled him to proceed. On another occasion, he was in company with three companions, on his way from Jonesborough to the Cum- berland. They arrived, just after dark, at the east side of the Emory, where it issues from the mountains, and dis- covered the fires of a large party of hostile Indians on the opposite bank. The moment the discovery was made, Andrew Jackson, as if by instinct, assumed the direction of the party. He enjoined silence and instant retreat, and having retired some distance into the mountains, directed his companions to quit the road cautiously and at different points, so as to leave no distinct trace behind them, and to reunite, and proceed up the stream, for the purpose of crossing at some ford above and eluding the Indians. Guided by the noise of the waters, they progressed up ward among the mountains during the night, and, as soon as it was day, approached the stream. They found it too much swollen to be forded, and too rapid to be swam. Still apprehensive of pursuit, they resumed their march, and about two o'clock in the afternoon reached a place where the stream, after dashing over a rough precipice, INCIDENTS OF THE WILDERNESS. 31 spread out with a lake-like surface, broken at a short dis- tance below by another cataract. Here the party, not feeling safe until their trail was broken by the intervening stream^ determined to attempt a passage. Binding logs and bushes together with hickory withes, they soon con- structed a small raft sufficient to convey three or four men, and affixed two rude oars to the bows, and one as a steer- ing-oar or rudder to the stern. It was cold, March weather, and very important to keep their clothes, blankets, and saddles, as well as their rifles and powder, from getting wet. To that end, it was concluded that Jackson and one of his companions should first cross with every thing but the horses, and that on a second trip, they should be swam over alongside the raft. The craft was freighted accord- ingly, and pushed off from shore ; but in an instant, an irresistible under-current seized the rude flotilla, and hurled it down the stream. For a few moments, Jackson, who was at the oars, regardless of the shouts of his companions, who followed him downward on the bank, struggled with the flood ; but, perceiving that farther effort could only end in destruction, he reversed the direction of the raft, in the hope of reaching the shore he had left. Notwith- standing he exerted all his strength, he was unable to bring it to land ; and although within a few feet, the suck of the cataract had already seized it. A moment more, and the raft, with its passengers, would have been dashed in pieces, when Jackson, wrenching one of his oars from its fastenings, sprung to the stern, and bracing himself there, held it out to his companions on shore, who seized it, and brought them safe to land. Being reproached for not heeding their first warnings, Jackson coolly re- plied: " A miss is as good as a mile ; you see how near I can graze danger. Come on, and I will save you yet." Re-equipping themselves and horses, they resumed their march up the stream ; and after spending another night, supperless, in the vvoods, found a ford the next da}'", and, by a circuitous, route, reached a log cabin on the road, about forty miles in the rear of the Indian encampment. At another time, he reached Bean's station, the rendez- vous of a party with whbm he was to cross the wilderness, 32 LIFE OF JACKSOX. on the evening after they had left. Determined to overtake them, he employed a guide well acquainted with Indian signs and stratagems, and travelled all night. Just before day, they came to the fires where the party had en(»amped the first part of the night. Following on, they soon dis- covered, by the trail in the road, that a party of Indians, about twenty-two in number, were in pursuit of their friends ahead. They hastened forward rapidly, until they approached so near the Indians that the water, which the weight of their tread had pressed out of the rotten logs, was not yet dry. The guide now refused to proceed ; hut Jackson resolved to save his friends, or, at least, hazard his life in the attempt. Dividing provisions, he and his guide proceeded in opposite directions, Jackson cautiously advancing, and watching the tracks of the Indians. At length he saw where they had turned off to the right, probably for the purpose of getting ahead of the party, and attacking them from ambush, or falling upon them in the night. The danger was imminent, and pressing on with increased speed, he overtook his friends before dark. Having crossed a stream which was very deep and partly frozen over, they had halted and kindled fires, at which they were drying their clothes and baggage. Warned of their danger, they immediately resumed their march, and continued it without intermission, during the whole night and the next day. The sky was overcast with clouds, and in the evening it began to snow. While upon the route, they arrived at the log cabins of a party of hunters, and requested shelter and protection ; but, contrary to their expectations, for such churlishness was unusual among men of their class, they were rudely refused. The party were therefore compelled to bivouac in the forest. Jackson was wearied with his fatiguing march, and as he had not closed his eyes for two nights, he wrapped him- self in his blanket, and laid down upon the ground, where he slept soundly. When he awoke in the morning, he found himself covered with six inches of snow. The party resumed their march, and reached their des- tination in safety ; but they afterwards learned that the ESTABLISHES HIMSELF AT NASHVILLE. 33 hunters, who had refused them the hospitality of their cabins, had been murdered by the Indians. In the course of his frequent professional visits made from Jonesboroug-h to the settlement on the Cumberland, the advantages of Nashville as a suitable locality in which to establish himself, attracted Jackson's notice, and he con- cluded to make it his future place of residence. It had not been his original intention to locate permanently in Tennessee. His visit was merely experimental, and his stay remained to be determined by the prospect that might be disclosed : but finding, soon after his arrival, that a con- siderable opening was offered for the success of a young attorney, he decided to remain. To a person of refined feel- ings, the condition of things was far from encouraging. As must be the case in all newly settled countries, society was loosely formed, and united by but few of those ties which have a tendency to enforce the performance of moral duty, and the execution of strict and impartial justice. The young men of the place, who were adventurers from dif- ferent sections of the union, had become deeply indebted to the merchants. There was but one lawyer in the country, and they had so contrived as to retain him in their business ; the consequence was, that the merchants were entirely deprived of the means of enforcing against those gentlemen the execution of their contracts. In this state of things, Jackson made his appearance at Nashville, and, while the creditor class looked to it with great satis- faction, the debtors were sorely displeased. Applications were immediately made to him for his professional ser- vices, and on the morning after his arival, he issued seventy writs. To those prodigal gentlemen it was an alarming circumstance ; their former security was im- paired ; but that it might not wholly depart, they deter- mined to force him, in some way or other, to leave the country ; and to effect this, broils and quarrels with him were resorted to. In the state of society then existing in Tennessee, there was a grade of men who prided themselves on their courage and prowess, as mere bullies, and were always ready, like the brute beast, to decide the question of su- 2^^ 34 LIFE OF JACKSON. periority, by a fight. Equals in standing, who hated, but dared not encounter the fearless Jackson, stimulated this class of men to attack, in the hope of degrading, if they could not destroy, him. The first man set upon him, with scarcely a pretence of provocation, was a flax-breaker of great strength and courage, whom he soon reduced to submission with his own winding-blades, the only weapon within his reach. His next encounter was at a court ia Sumner county, with a noted bully whom he did not know. While he was conversing with a gentleman, on business, the bully approached, and without saying a word, placed his heels on Jackson's feet. Pushing him off, Jackson seized a slab, and with a forward thrust upon the breast, brought him to the ground. The interference of the crowd put an end to the conflict ; but the baflled bully, snatching a stake from the fence, again approached with dreadful imprecations. At the earnest entreaty of Jackson, the crowd retired from between them. Poising his slab, he then advanced, with a firm step and steady eye, upon his antagonist, who dropped his stake at his approach, jumped over the fence, and ran into the woods. These attempts to intimidate Jackson in the perform- ance of what he conceived to be his duty to bis cHents, were found wholly unavailing, and were soon abandoned. His enemies were convinced by the first controversy in which they had involved him, that his decision and firm- ness were such as to leave no hope of effecting any thing through this channel. Disregarding the opposition mani- fested towards him, he continued, with care and industry, to press forward in his professional course ; and his atten- tion soon brought him forward, and introduced him to a profitable practice. The western district of North Caro- lina having been ceded to the national government, an erected into a territory, in 1790, Jackson was appointed, bj president Washington, the United States attorney for the new judicial district, in which capacity he continued to act for several years. The depredations committed by the Indians, in the vici- nity of the Cumberland river, about this time, compelled every man, of necessity, to become a soldier. Unassisted INDIAN DEPREDATIONS. J^5 by the government, the settlers were forced to rely, for security, on their own bravery and exertions. Although young, no person was more distinguished than Andrew Jackson, in defending the country against these predatory incursions of the savages, who continually harassed the frontiers, and not unfrequently approached the heart of the settlements, which were thin, but not widely extended. Frequent expeditions were undertaken from Nashville against them, in most of which he took part. This state of things continued until 1794, when a large party, among whom was Jackson, attacked and destroyed the Indian town of Nickajak, near the Tennessee river. In these affairs, his courage and gallantry were so conspicuous, that the red warriors gave him the appellation of "Sharp Knife," and the hardy hunters who accompanied him were proud of his friendship and esteem. When Jackson first located himself in Nashville, he boarded, in company with the late Jud^e Overton, in the family of Mrs. Donelson, a widow lady who had emigrated from Virginia, first to Kentucky, and afterwards to Nash- ville. Mrs. Robards, her daughter, who afterwards be- came the wife of Jackson, was then living in the familj' with her mother, whom sli* had follov/ed to Tennessee, on account of the ill treatment which she had received at the hands of her husband, who was dissipated in his ha- bits and of a morose and jealous disposition, while she, on the contrary, was celebrated for her gayet}^ sweetness, and affability. A short time before Jackson became an inmate of the family, a reconciliation had taken place be- tween Robards and his wife'; but a second rupture afterwards occurred, and Robards went to Kentucky. His wife soon learned that he intended to compel her to accompany him, and, in the spring of 1791, with the advice of her friends, she determined to descend the river as far as Natchez, in company with Colonel Stark, who was then making pre- parations for the voyage. At the earnest request of Colo- nel Stark, Jackson piloted his family through the Indian country. After his return, Judge Overton communicated to him the astounding intelligence, that he was the uncon- do LIFE OF JACKSON. scious cause of the last separation ; that it arose from Ro- bards' jealousy of him ; and that the circumstance of his accompanying Colonel Stark, who was an elderly man, and apprehensive of danger, had been seized upon by Robards as a ground of divorce, in a petition to the Virginia legis lature. The thought that an innocent woman was suffering so unjustly on his account, made Jackson's sensitive mind most uneasy and unhappy. He immediately sought out Robards and expostulated with him, on the injustice and cruelty of his causeless suspicion ; but the interview ended in mutual defiances. At length news came that the Vir- ginia legislature had actually granted the divorce in ac^ cordance with Robards' petition. Forthwith Jackson has- tened to Natchez, and offered his hand and his heart to the innocent and amiable woman, who had been made so un- happy by false and unfounded accusations, in order that he might give the-world the highest evidence in his power of her entire innocence. Although free to form a new connection, Mrs. Robards dechned the proffered oiler. But her suitor was not to be denied. His feelings were warmly enhsted in her favor. His attachment for her was ardent and sincere, and when he addressed her in the language of Ruth to Naomi : " Entreat me not to leave thee or to return from following after thee, for where thou goest I will go, where thou lodgest I will lodge, thy people shall be my people, and thy God my God ; where thou diest I will die, and there will I be buried," she found herself unable to resist his importunities, and they were soon after married and re- turned to Tennessee. On arriving there, it was discovered that all the necessary forms to complete the divorce in Virginia had not b^en finished at the time of the marriage; consequently the ceremony was again performed after their arrival at Nashville. The attachment thus consum- mated was a source of unfailing pleasure to Andrew Jack- son. He was devotedly fond of his wife ; after her decease he cherished her memory with an almost holy reverence ; and he refused the sarcophagus of the Emperor Severus, CHOSEN A SENATOR IN CONGRESS. 37 that he might not be denied the privilege of being buried by her side.* In the year 1796, measures were taken by the people of Tennessee to form a state government. The acknow- ledged talents, patriotism, and decision of character, of Andrew Jackson were not to be overlooked on such an occasion, and without solicitation on his part, he was elected one of the members of the convention to frame a state constitution. His good conduct and zeal for the public interest, and the republican feelings and sentiments which were conspicuously manifested in the formation and arrangement of this instrument, brought him more pro- minently to view ; and, without proposing or soliciting the office, he was in the same year elected a member of the House of Representatives in Congress, for the state of Tennessee. The following year, his reputation con- tinuing to increase, and his constituents generally concur- ring in the wish to elevate him to still higher honors, he was chosen a senator in Congress, and took his seat on the 22d day of November, 1797. About the middle of April, 1798, business of an important and private nature im- posed on him the necessity of asking leave of absence, and retuiTiing home. Leave was granted, and before the next session he resigned his seat. He was but little more than thirty years of age ; and hence scarcely eligible by the constitution, at the time he was elected. The sedition law, about which so much concern and feeling had been mani- fested through the country, was introduced into the senate by Mr. Lloyd, of Maryland, in June, 1798, and passed that body on the 4th of July following ; hence the name of Jackson, owing to his absence from his seat, does not appear on the journals. At the time of the passage of the alien law, and the effort to repeal the stamp act, he was present, and voted with the minority, in accordance with his well-known republican sentiments. Shortly after his resignation of the office of senator, the legislature of Tennessee, most unexpectedly to himself, conferred upon him the appointment of judge of the Su- * See page 373. wii 38 LIFE OF JACKSOX. preme Court, a station which he accepted with reluctance, and from which he withdrew at an early day. His first court was held at Jonesborough, where an incident oc- curred, illustrative ahke of the rudeness of the times .and the firmness of the new judge : A man named Russell Bean was indicted for cutting off the ears of his infant child in a drunken frolic. He was in the courtyard ; but such was his strength and ferocity, that the sheriff, not daring to approach him, made a return to the court that " Russell Bean will not be taken." Judge Jackson, with his pecuhar emphasis, said that such a re- turn was an absurdity, and could not be received. " He must be taken," said the judge, " and, if necessary, you must summon the posse comitaius.'^'' The mortified sheriff retired, and waiting until the court adjourned for dinner, summoned the judges themselves, as part of the posse. Conceiving that the object of the sheriff' was to avoid a dangerous service, under cover of the judges' re- fusal to obey the summons. Judge Jackson instantly replied, " Yes, sir, I will attend you, and see that you do your duty." Learning that Bean was armed, he requested a loaded pistol, which was put into his hand. He then said to the sheriff': "Advance and arrest him ; I will pro- tect you from harm.". Bean, armed with a dirk and brace of pistols, assumed an attitude of defiance and despera- tion. But when the judge drew near, he began to retreat. "Stop and submit to the law," cried the judge. The cul- prit stopped, threw down his pistols, and replied, "I will surrender to you, sir, but to no one else." This exem- plary firmness and decision of Judge Jackson, in main- taining the supremacy of the law, produced a happy change in the conduct of the turbulent spirits of the vi- cinity. General Jackson was distinguished throughout his whol life for a remarkable fidelity to his friends. This trait in his character was strikingly exhibited in the progress of a serious difficulty between Governor Sevier and himself, which took place in 1803. A misunderstanding arose between Jackson and his former friend, Judge McNairy, growing out of the agency of the latter in the removal of FIRMNESS AND DECISION AS A JUDGE. 39 General Robertson, one of the oldest and most respected citizens of tlie state, from the office of agent for the Chicka- saw Indians. One of the consequences of that removal was, that a Mr. Searcy, who had emigrated to the country with them, and continued their steadfast friend, lost his office as clerk to the agency, on which he depended for support. Not perceiving any public reasons requiring this removal, Jackson remonstrated with McNairy on the course he had pursued. An altercation ensued, which produced an alienation never entirely obliterated. This incident added the weight of a respectable and powerful family to the hostile interests already arrayed against him. Among others who became inimical towards him on this account, was John Sevier, governor of the state. Sevier was very popular, and being a candidate for re- election, in 1803, his exasperation against General Jackson was imbibed, in the course of the canvass, by the power- ful party which supported him. In East Tennessee it had arisen to a high pitch ; and while on his way to Jonesborough to hold his court, in the fall of 1803, he was informed that a combination had been organized to mob him on his arrival. It had no effect but to increase his anxiety to reach his destination. Having been sick on the road, he pushed forward while scarcely able to sit on his horse, and on his arrival at Jonesborough could not dismount without assistance. Having a high fever upon him, he retired immediately to his room, and lay down upon the bed. In a short time a friend called, and in- formed him that a regiment of men, headed by Colonel Harrison, had assembled to tar and feather him, and begged him to lock his door. He immediately rose, threw the door wide open, and said to his friend, "Give my compliments to Colonel Harrison, and tell him my door is open to receive him and his regiment whenever they choose to wait upon me ; and I hope the colonel's chivalry will induce him to lead his men, and not follow them." Upon the delivery of his message, the mob dispersed ; and having apologized for the inconsiderate violence of his conduct, Harrison remained ever after on good terms with General Jackson. 40 LIFE OP JACKSON. His next court was at Knoxville, where the legislature was then in session. They had entered into an investi- gation of certain land frauds which Jackson had done much to defeat, and there was some evidence tending to impli- cate the governor, who consequently became still more highly exasperated, and determined to revenge himself. As Judge Jackson left the court-house on the first day of his court, he found a crowd in front, in the midst of which, stood Governor Sevier, with his sword in his hand, ha ranguing them in a loud voice. As Jackson advanced, the governor turned upon him ; and an altercation en- sued, in which insults were given and retorted. Being repeatedly defied by the governor to meet him in single combat, the general sent him a challenge, which was ac- cepted. But in consequence of difficulties on the part of the challenged party, as to the time and place of meeting, the general pubhshed him in the usual form. It was then understood, without any formal arrangement, that they would meet at a place called Southwest Point, within the Indian boundary. Thither the general repaired with a single friend. Having waited a couple of days, without seeing or hearing of the governor, he resolved to return to Knoxville, and bring the quarrel to a close. He had not proceeded a mile, however, when he saw the governor approaching, escorted by about twenty men. He had already prepared another note to the governor, setting forth his manifold grievances, and halting in the road, he sent his friend forward to deliver it. The governor re- fused to receive it. Out of patience with what he con- ceived to be an aggravation of former indignities, the general resolved to end the matter on the spot. He was armed with a brace of pistols at his saddle-bow, and a cane ; the governor with a brace of pistols and a sword. Advancing slowly until within one hundred yards of the governor, he levelled his cane as ancient knights did their spears, put spurs to his horse, and charged upon his an- tagonist. Astounded at this bold and unexpected move- ment, the governor's friends had not presence of mind enough to interpose ; and the governor himself, dismount- ing to avoid the shock, trod on the scabbard of his sword, RETIRES TO PRIVATE LIFE. ' 41 and was rendered incapable of resistance. A rally of his attendants prevented any very serious mischief. In the governor's party were gentlemen who were as much the friends of General Jackson asof himself ; and through their intercession, all further hostile intentions were abandoned, and the parties rode on some miles together. On the admission of Tennessee into the union, it com- prised one military division. The death of Major-general Conway, which occurred about this time, created a va- cancy in the office, which was filled by the election of Jackson. This was the only public station he filled for a number of years, as, in 1804, he sent in his resignation of the judgeship to the legislature, which was accepted in July, about six years after his original appointment. He always distrusted his own abilities as a judge, and was quitQ willing that others should discharge its intricate and re- sponsible duties. Unambitious of obtaining those distinc- tions and honors, which young men are usually proud to possess, and finding too that his circumstances and con- dition in life were not such as to permit his time and at- tention to be devoted to public matters, he determined to yield them into other hands, and to devote himself to agricultural pursuits. He accordingly settled himself on an excellent farm, ten miles from Nashville, on the Cum- berland river, where for several years he enjoyed all the comforts of domestic and social intercourse. Abstracted from the busy scenes of pubhc life, pleased with retire- ment, surrounded by friends whom he loved, and who entertained for him the highest veneration and respect, and blessed with an amiable and affectionate wife, nothing seemed wanting to the completion of that happiness which he so anxiously desired while in office. ^ LIFE OF JACKSON. CHAPTER III. 1804. Fondness of General Jackson for horses — Duel with Dickinson — Forms a mercantile partnership — Pecuniary difficulties — Adven- ture with the Choctaw agent — Affray with Colonel Benton — Their subsequent friendship for each other — Hostilities with Great Britain —Declaration of war in 1812 — Jackson raises a volunteer force— Their services accepted by government — Ordered to embark for Natchez — Arrival of the troops, and order to disband them — His disobedience of orders — Attempt of General Wilkinson to prevent the return of the volunteers — Object of the order — Jackson's de- cision exhibited — Shares the privations of the soldiers on their home- ward march — Return, and disbandment of his force. 1813. General Jackson had a strong passion for fine horses, and it became a principal branch of his farming business, to raise them from the best blooded stock imported from Virginia and North CaroHna. The enthusiasm of his character displayed itself in his attachment to favorite animals he had raised, and perhaps no man in the west- ern country was equally successful in that branch of agri- cultural pursuits. More for the purpose of exhibiting his stock and recommending it to purchasers, than to indulge in the practices common at such places, he brought out his favorite horses upon the race-courses of the day, and, though not a sportsman, in the technical sense of the term, he lost and won in many a well-contested field. An occa- sion of this sort, however, led to one of the most unfor- tunate incidents of his hfe. He owned a favorite horse, named Truxton, which 1 was challenged to run against a horse owned by a Mr. Erwin and his son-in-law, Charles Dickinson. The stakes were to be two 'thousand dollars on a side, in cash notes, with a forfeiture of eight hundred dollars. The bet was accepted, and a list of notes made out; but when the time for running arrived, Erwin and Dickinson chose to pay the DUEL WITH DICKINSON. 43 forfeit. Erwin offered sundry notes not due, withholding the list which was in the hands of Dickinson. Jackson refused to receive them, and demanded the list, claiming the right to select from the notes described upon it. The list was produced, a selection made, and the affair satisfacto- rily adjusted. Afterwards a rumor reached Dickinson, that General Jackson charged Erwin with producing a list of lotes different from the true one. In an interview between ackson and Dickinson, the former denied the statement, and the latter gave his author. Jackson instantly proposed to call him in ; but Dickinson declined. Meeting with the author shortly after, Jackson had an altercation with him, which ended in blows. Here the affair ought to have ended. But there were those who desired to produce a duel between Jackson and Dickinson. The latter was brave and reckless, a trader in blacks and blooded horses, and reputed to be the best shot in the country. A quar- rel with such a man as General Jackson was flattering to his pride, and officious friends were not wanting to take advantage of the weakness of the one party, and the in- flexibility of the other, in order to push matters to extremi- ties. Exasperation was produced ; publication followed pubHcation ; insults were given and retorted ; until, at length. General Jackson was informed that a paper, more severe than its predecessors, was in the hands of the printer, and that Dickinson was about to leave the state. He flew to Nashville, and demanded a sight of it in the printer's hands. It was msulting m the highest degree, contained a direct imputation of cowardice, and concluded with a notice that the author would leave for Maryland, within the coming week. A stern challenge, demanding immediate satisfaction, was the consequence. The chal- lenge was given on the 23d of May, and Dickinson's pub- lication appeared the next morning. Jackson pressed for an instant meeting ; but it was postponed, at the request of the other parly, until the 80th, at which time it was to take place, at Harrison's Mills, on Red River, within the limits of Kentucky. Dickinson occupied the inter- mediate time in practicing; and his ferocious boasts, how often he had hit the general chalked out on a tree, and his ,^ 44 LIFE OF JACKSON. tinfeeling offers to bet that he would kill him at the ap- proaching meeting, being duly communicated, had an effect upon his antagonist which can be better conceived lan described. Jackson went upon the ground firmly mpressed with the conviction that his Hfe was eagerly sought, and in the expectation of losing it, but with a de- termination which such a conviction naturally inspired in a bosom that never knew fear. At the word, Dickinson fired, and the dust Avas seen lo fly from Jackson's clothes; the next instant, the latter fired, and Dickinson fell. Jack- son, with his friend and surgeon, left the ground, and had travelled about tvi^enty miles towards home, when his at- tendant first discovered that the general was wounded, by seeing the blood oozing through his clothes. On examina- tion, it was found that Dickinson's ball had buried itself in his breast, and shattered two of his ribs near their arti- culation with the breastbone. It was some weeks before he was able to attend to business. Dickinson was taken to a neighbouring house, where he survived but a few hours. The friends of Dickinson, and the enemies of Jackson, circulated charges of unfairness in the fight, bat ihe-^o were soon put down,' in the estimation of candid and mi- partial judges, by the certificates of the seconds, that all Lad been done according to the previous understanding between the parties, and proof that Dickinson himself, though able to converse, never uttered a single word of complaint before his death. The firmness and steadiness of nerve exhibited by Ge- neral Jackson on this occasion, have often been the subject of commendation, even among those who do not hesitate to condemn, in decided terms, the inexcusable practice, which was then not only tolerated, but actually encou- raged, in that section of the country. There are many brave men who can look danger in the face, without the change of a muscle ; but there are few who can ^take a sure aim, at the moment when they are conscious of being severely wounded. Not a man on the ground, except General Jackson himself, knew that he had received a wound ; and every muscle was as quiet, and his hand as ADVENTURE WITH THE CHOCTAW AGENT. 45 Steady, as if he had not known it himself. The stern pur- pose which might in part have nerved him, was best de- soribed by himself, when a friend expressed astonishment at his self-command: "Sir," said he, "I should have killed him, if he had shot me through the brain." Not long after this occurrence, General Jackson entered into partnership with a merchant in Nashville. He took no active part in the business himself, and their affairs were conducted for some time, without his having any more than a general knowledge of what was going on. Circumstances, however, soon attracted his attention, which led him to suspect that all was not right. He promptly demanded a full investigation, which resulted in the dis- covery that his partner, in whose fidelity and capacity he had reposed the most implicit confidence, had involved him for many thousand dollars, over and above what could be satisfied out of the partnership property. With a prompt- itude which did him great honor, he sold his fine planta- tion, paid off his debts with the proceeds of the sale, and retired into a log-cabin to begin the world anew. His ex- traordinary energy and perseverance, and the rigid system of economy he adopted, enabled him in a few years to recover from his embarrassments, and to be once more com- fortable in the world. In the year 1811, General Jackson had occasion to visit Natchez, in the territory of Mississippi, for the purpose of bringing up a number of blacks, a part of whom had be- come his property in consequence of having been secun'ty for a friend, and the remainder were hands which had been employed by a nephew, in the neighborhood of that place. The road led through the country inhabited by the Chickasaw and Choctaw Indians, and the station of the agent for the Choctaws was upon it. On reaching the agency, he found seven or eight families of emigrants, nnd two members of the Mississippi legislative council, detained there, under the pretence that it was necessary for them to havt passports from the governor of Mississippi. One of their number had been sent forward to procure them. In the mean time, the emigrants were buying corn fr^m the agent, at an extravagant price, and splitting rails for 46 LIFE OF JACKSON. him at a very moderate one. Indignant at the wrong in- flicted on the emigrants, he reproached the members of the council for submitting to the detention, and asked the agent how he dared to demand a pass from a free Ame- rican, travelling on a pubUc road. The agent replied, by- inquiring, with much temper, whether he had a pass. " Yes, sir," rejoined the general, " I always carry mine with me : I am a free-born American citizen ; and tha is a passport all over the world." He then directed th emigrants to gear up their wagons, and if any one at- tempted to obstruct them, to shoot him down as a highway robber. vSetting them the example, he continued his jour- ney, regardless of the threats of the agent. After concluding his business, he was informed that the agent had collected about fifty white men and one hundred Indians, to stop him on his return, unless he produced a passport. Though advised by his friends to procure one, he refused to do so ; stating that no American citizen should ever be subjected to the insult and indignity of procuring a pass, to enable him to travel a pubhc highway in his own country. Like all travellers among the In- dians, at that time, he was armed with a brace of pistols; and having added a rifle, and another pistol, he commenced his return journey. When within a few miles of the agency, he was informed by a friend who had gone for- ward to reconnoitre, that the agent had his force in readi- ness to stop him. He directed his friend to advance again, and tell the agent, that if he attempted to stop him, it would be at the peril of his life. He then put his blacks in order, and armed them with axes and clubs ; at the same time telling them not to stop unless directed by him, and if any one offered to oppose them, to cut him down. Riding by their side, he approached the station, when the agent appeared, and asked him whether he meant to stop and show his passport. Jackson replied : " That depends on circumstances. I am told that you mean to stop me by force ; whoever attempts such a thing will not have long to hve ;" and with a look that was not to be mistaken, he grasped his bridle with a firmer grip. His determined manner had such an effect, that the agent declared he had i AFFRAY WITH COLONEL BENTON. 47 iio intention of stopping him, and he and his party were suffered to pass on, without further molestation or inter- ruption. He afterwards reported the conduct of the agent to the government, and he was dismissed from his agency. After the return of General Jackson from Natchez, he was called upon by his friend, the late Governor Carroll, to act as his second, in an affair of honor with a brother of Colonel Thomas H. Benton, for so many years the distin- guished representative of the state of Missouri, in the senate of the United States. In the duel, Mr. Benton was severely wounded. The colonel, who had long been on terms of friendly intimacy with Jackson, thought that the latter acted ungenerously, in taking such a part against his kinsman, and expressed himself accordingly in a let- ter addressed to him. General Jackson, however, felt himself bound by the relations which had existed between Governor Carroll and himself, to perform the act of friend- ship which he required, and replied to that effect, in very pointed terms. The angry correspondence that ensued only widened the breach, and it ended in a fight at a pub- lic-house in Nashville, in which Jackson's left arm was shattered by a pistol shot. For several years afterwards, both gentlemen appeared to cherish feelings of animosity towards each other, but the political associations of a later day united them together in the bonds of a sincere and constant friendship. The many noble traits in the cha- racter of Andrew Jackson elicited the warmest admiration and respect of Colonel Benton, while the former was proud to manifest his attachment to one of the firmest and ablest supporters of his administration. The repose of Jackson, and the pleasures he had en- joyed in*his quiet home, were now destined to be termi- nated by the public exigencies, which compelled him to abandon the peaceful pursuits of agriculture for the ha- rassing cares and anxieties of a military career. The difficulties between the United States and Great BHtain, which had originated with the adoption of the Orders in Council, and the passage of the Embargo Act, in 1807, had long threatened to disturb the peace of the two countries. In the spring of 1811, affairs began to assume a most 48 LIFE OF JACKSON. threatening aspect. On the first of March, the American minister, Mr. Pinckney, took a formal leave of the Prince Regent, in obedience to the instructions of his government. Active preparations were at once made for the commence- ment of hostilities. Privateers were fitted out in every harbor, and throughout the whole extent of the Union, there prevailed a strong feehng of indignation at the re- pealed wrongs and injuries which our countrymen had endured from the Enghsh government. The war-spirit was aroused, and, from the Atlantic to the Mississippi, there glowed a strong and manly enthusiasm which bounded to defend the honor of the nation, and maintain, at any sacrifice, the " searchless shelter" of their flag. In accord- ance with the decided expressions of public sentiment, the American Congress passed an act, in the month of Feb- ruary, 1812, authorizing the president to accept the ser- vices of a large volunteer force. On the 20th day of June war was declared against Great Britain, and in July fol lowing, a second act was passed, making further provisions for caUing out fifty thousand volunteers. At this time. General Jackson was living happily on his farm, and, though only forty-five years of age, he had re- tired, as he thought, for ever, from ail participation in public affairs. But the fire of that true and devoted pa- triotism which never ceased to glow in his bosom, needed but the quickening spark, to cause it to revive with all the fervor of youth. He was roused by -the insults that had been so repeatedly offered to his country, by the wrongs inflicted upon her citizens, and by the bitter recollections connected with the death of his mother and his two bro- thers. He could recall the many horrid tales, to which he had listened, of English cruelty and oppression in the birth-place of his ancestors. There was also that scar on his hand, inflicted by a British officer, who had aimed a blow at his life because he had refused to clean the dirt from*«his boots ; that scar remained to keep his virtuous resentment alive, even if he could otherwise have for- gotten the injuries of his native land, the wrongs of Ire- land, and the extermination of every relative in the world. RAISES A VOLUNTEER FORCE. 49 Jackson did not seek a command in the regular army, but immediately issued a spirited address to the citizens of his division, calling upon them to unite with him in protecting- the rights and the honor of the repubhc. In a few days twenty-five hundred volunteers flocked to his standard, ready to follow wheresoever he might see fit to lead them. A tender of their services having been made to the general government, and the offer accepted, he re ceived orders in November, 1812, to place himself at their head and to descend the Mississippi, for the defence of the lower country, which was then supposed to be in danger. Accordingly, on the 10th of December, 1812, the men under his command rendezvoused at Nashville, prepared to advance to the place of their destination ; and although the weather was then excessively severe, and the ground covered with snow, no troops could have displayed greater firmness. The general was everywhere with them, in- spiring them with the ardor that animated his own bosom. The cheerful spirit with which they submitted to hard- ships and bore privations, at the very outset of their mili- tary life, as well as the order and subordination they so readily observed, were happy presages of what was to be expected when they should be directed to face an enemy. Having procured supplies, and made the necessary arrangements for an active campaign, the volunteers com- menced their journey on the 7th of January, 1813, and descending the Ohio and Mississippi through cold and ice, arrived and halted at Natchez. Here Jackson had been instructed to remain until he should receive further orders. Having chosen a healthy site for the encamp- ment of his troops, he devoted his time with the utmost industry, to training and preparing them for active service. The clouds of war in that quarter having temporarily blown over, an order was received, soon after his arrival, from the Secretary of War, dated the 5th of January, 1818, directing him, on the receipt thereof, to dismiss the men under his command from service, and to take measures for delivering over every article of public property in his possession to Brigadier-General Wilkinson. 3 50 LIFE OF JACKSON. When this order reached the camp of General Jackson, there were one hundred and fifty men on the sick report, fifty-six of whom were unable to rise from their beds, and almost the whole number were without the means of de- fraying the expenses of their return. The consequence of a strict compliance with the Secretary's order, would inevitably have been, that many of the sick must have perished, while most of the others, from their destitute condition, would, of necessity, have been compelled to enlist in the regular army, under General Wilkinson. Such alternatives were neither congenial with their ge- neral's wishes, nor such as they had expected, on ad- venturing with him in the service of their country. He had taken them from home, and he regarded it as a solemn duty to bring them back. Whether an expectation that, by this plan, many of them would be forced into the regular ranks, had formed any part of- the motive that occasioned the order for their discharge, at so great a dis- tance from home, cannot be known ; and it would be un- charitable to insinuate against the government so serious an accusation, without the strongest evidence to support it. Be this as it may. General Jackson could not think of sacrificing, or injuring, an army that had shown such devotedness to their country ; and he determined to dis- regard the order, and march them again to their homes, where they had been embodied, rather than to discharge them where they would be exposed to the greatest hard- ships and dangers. To this measure he was prompted, not only by the reasons already mentioned, but by the consideration that many of them were young men, the children of his neighbors and acquaintances, who had de^ livered them into his hands, as to a guardian, with the ex- pectation that he would watch over and protect them. To have abandoned them, therefore, at such a time, and under such circumstances, would have drawn on him the merited censure of the most deserving part of his fellow- citizens, and deeply wounded his own generous feehngs. In addition to this, the young men who were confined by sickness, learning the nature of the order he had received, implored him, with tears in their eyes, not to abandon DISOBEDIENCE OF ORDERS. 51 them in so great an extremity, and reminded him, at the same time, of his assurance that he would be to them as a father, and of the implicit confidence they had placed in his word. This was an appeal which it would have been difficult for Jackson to have resisted, had he been inclined to disregard other considerations ; but influenced by them all, he had no hesitation in coming to a determination. * Having made known his resolution to the field-officers f his division, it apparently met their approbation ; but after retiring from his presence, they assembled late at night, in secret caucus, and proceeded to recommend to him an abandonment of his purpose, and an immediate discharge of the troops. Great as was the astonishment which this movement excited in the general, it produced a still stronger feehng of indignation. In reply, he urged the duplicity of their conduct, and reminded them that although to those who possessed money and health, such a course could produce no inconvenience, yet to the unfortunate soldier, who was alike destitute of both, no measure could be more calamitous. He concluded, by telling them, that his resolution, not having been hastily concluded on, nor founded on light considerations, was unalterably fixed ; and that immediate preparations must be made for carrying into execution the determination he had formed. He lost no time in making known to the Secretary of War the resolution^ he had adopted, to disregard the order he had received, and to return his army to the place where he had received it. He painted, in strong terms, the evils which the course pursued by the government was calcu- lated to produce, and expressed the astonishment he felt, that it should ever have been seriously determined on. General Wilkinson, to whom the public stores were directed to be delivered, learning the determination which had been taken by Jackson to march his troops back, and to take with them such articles as might be necessary for their return, in a letter of solemn and mysterious import, admonished him of the consequences which were before him, and of the awful and dangerous responsibility he was taking on himself by so bold a measure. General Jack- B2 LIFE OF JACKSON. son replied, that his conduct, and the consequences to which it might lead, had been deliberately weighed, and well considered, and that he was prepared to abide the resuh, whatever it might be. Wilkinson had previously- given orders to his officers, to recruit from Jackson's army ; but they were advised, on their first appearance, that those troops were already in the service of the United States, and that, thus situated, they should not be enHsted ; and that General Jackson would arrest, and confine, the first officer who dared to enter his encampment with any such object in view. The quarter-master, having been ordered to furnish the necessary transportation for the conveyance of the sick and the baggage to Tennessee, immediately set about the performance of -the task ; but, as the event proved, without any intention to execute it. Still he continued to keep up the semblance of exertion ; and, on the very day before that which had been appointed for breaking up the en- campment and commencing the return march, eleven wagons arrived there by his order. But early the next morning, when every thing was about to be packed up, he entered the encampment, and discharged the whole. He was grossly mistaken, however, in the man- he had to deal with, and had now played his tricks too far to be able to accomplish the object, which, without doubt, he had been intrusted to effect. Disregarding their dismissal, so evi- dently designed to prevent marching back his men, Ge- neral Jackson seized upon the wagons, yet within his lines, and compelled them to proceed in the transporta- tion of his sick. Among them was a young man, reported by the surgeon to be in a dying condition, whom it was useless to remove. " Not a man shall be left who has life in him," said the general. The young man was lifted into a wagon, in a state of torpor, and wholly insensible. The melancholy march commenced ; and the general, with parental sohcitude, passed along the train, taking special care that the invalids, in position and appliances, should have every comfort of which their situation was susceptible. With pecuhar anxiety, he watched the ap- parently dying youth, as lie was jostled by the movements SUFFERINGS ON THE MARCH HOME. 53 of the wagon. At length the young man opened his eyes, and the next instant exclaimed, *' Where am I ?" "On your way home, my good fellow," replied the general, in a cheering tone. The effect was electric ; he improved from that moment, and in a few weeks the general had the pleasure of restoring him, in good health, to his family and friends. It deserves to be mentioned, that the quarter-master, as soon as he received directions for furnishing transportation, had despatched an express to General Wilkinson ; and there can be little question, that the course of duplicity he afterwards pursued, was a concerted plan between him and that general, to defeat the design of Jackson, compel him to abandon the determina- tion he had formed, and, in this way, draw to the re- gular army many of the soldiers, who would be driven to enlist. In this attempt they were fortunately disap- pointed. Adhering to his original purpose, General Jack- son successfully resisted every stratagem of Wilkinson, and marched the whole of his division to the section of country whence they had been drawn, and dismissed them from service, in the spring of 1813. In addition to the philanthropic act we have just de- tailed. General Jackson gave up his own horses to the sick, and, trudging along on foot, submitted to all the pri- vations that were endured by the soldiers. It was at a time of the year when the roads were extremely bad ; and the swamps along their route were deep and full ; yet, under thes%- circumstances, he gave his troops an example of patience and endurance of hardship that lulled to silence all complaints, and won for him additional respect and esteem. On arriving at Nashville, he communicated to the president of the United States the course he had pur- sued, and the reasons that had induced it. If it had be- come necessary, he had sufficient grounds on which he could have justified his conduct. Had he suffered Gene- ral Wilkinson to have accomplished what was clearly his mtention, although it was an event which might, at the moment, have benefited the service, by adding an in- creased strength to the army, yet the example would have been of so serious and exceptionable a character, that in- 64 LIFE OF JACKSON. jury would have been the final and unavoidable result. Whether the intention of thus forcing these men to enlist into the regular ranks, had its existence under the direc- tion of the government or not, such would have been the universal belief; and all would have felt a deep abhor- rence, at beholding the citizens of the country drawn off from their homes under pretence of danger; while the concealed design was, to reduce them to such necessity, at a distance from their residence, as to compel them to an act which they, would have avoided under different cir- cumstances. His conduct, exceptionable as it might at first appear, was, in the end, approved, and the expenses incurred were directed to be paid by the government. General Armstrong, the secretary of war, by whom the cruel and unfeeling order was issued, was soon after se- verely censured, and forced to resign his seat in the cabi- net, on account of his culpable neglect to provide suitable means of defence for the city of Washington. The re- putation of General Wilkinson, who had been appointed to supplant Jackson, was also tarnished, by his unfortunate operations in Canada, during the campaign of 1814. INDIAN HOSTILITIES. 66 CHAPTER IV. 1813. Depredations committed by the Creeks on the borders of Ten- nessee and Kentucky — Attack on Fort Mimms — Preparations for war — Jackson calls out the volunteers and militia — Address to the troops — Takes the field — Enforces strict military discipline — Rapid march to Huntsville — Delay in forwarding supplies — Thwarted in his movements by General Cocke — Jealousy of the latter — Scarci- ty of provisions — Efforts of Jackson to procure supplies — Address to the soldiers on entering the enemy's country— -Arrival at the Ten Islands — Difficulty with the contractors — Destitute condition of the army — Battle of Tallushatchee— Humanity of Jackson — His adoption of an Indian boy. 1813. The repose of General Jackson and his volunteers was of short duration. They had scarcely reached their homes, when the Indian nations scattered over the territory com- posing the states of Alabama and Mississippi, made in- cursions into Tennessee and Kentucky, and committed the most savage murders and cruelties. The frontier settlements were constantly harassed by their depreda- tions, and one atrocious act of barbarity followed so close- ly on another, that the inhabitants began to fear the worst from the revengeful spirit which Tecumseh, and his bro- ther, the prophet, who were secretly aided and encouraged by the English government, had aroused in the breasts of their followers. The Creek Indians, residing in the vici- nity of the Coosa and Tallapoosa ri^l^ers, were the most hostile and vindictive of all the tribes. Having collected a supply of ammunition, from the Spaniards at Pensacola, a parly of their warriors, numbering about seven hundred men, commanded by Weatherford, a distinguished chief of the nation, made an attack on Fort Mimms, situated in the Tensaw settlement, in the territory of Mississippi. The fort was occupied by Major Beasley, with a force of one hundred and fifty men, and a large number of women 56 LIFE OF JACKSON. and children who had sought shelter and protection. The assault was commenced on the 30th of August, 1813, and proved to be successful. A most dreadful slaughter took place. Mere}?- was shown to none ; neither age nor sex were respected ; and the same stroke of the tomahawk often cleft mother and child. But seventeen of the whole number of persons in the fort made their escape. As soon as the intelligence of this monstrous outrage reached Tennessee, the authorities of that state took im- mediate measures to chastise the perpetrators. All eyes were instinctively turned towards General Jackson, who, though suffering severely from a fractured arm, promptly responded to the orders of his government by calhng out the militia and volunteers. In his proclamation, he made a special appeal to those who had accompanied him to Natchez, to join him on this occasion. He pointed out the imperious necessity that demanded their services, and urged them to be punctual. " Already," said he, "are large bodies of the hostile Creeks marching to your bor- ders, with their scalping-knives unsheathed, to butcher your women and children : time is not to be lost. W(j must hasten to the frontier, or we shall find it drenched in the blood of our citizens. The health of your general is restored — he will command in person," In the mean time, until these troops could be collected and organized, Colonel Coffee, with the force then under his command, and such additional mounted riflemen as could be attached at a short notice, was directed to hasten forward to the neighborhood of Huntsville, and occupy some ehgible position for the defence of the frontier. The 4th of October, which was the day appointed for the rendezvous, baring arrived, and the general not being sufficiently recovered to attend in person, he forwarded by his -aid-de-camp, Major Reid, an address, to be read to the troops, in which he pointed out the unprovoked injuries they were called upon to redress, in the following eloquent and stirring appeal : *' We are about to furnish these savages a lesson of ad- monition ; we are about to teach them that our long for- bearance has not proceeded from an insensibility to wrongs, ADDRESS TO THE VOLUNTEERS. 57 or an inability to redress them. They stand in need of such warning. In proportion as we have borne with their insults, and submitted to their outrages, they have multiplied in number,and increased in atrocit}^ But the measure of their ofiences is at length filled. The blood of our women and children, recently spilt at Fort Mimms, calls for our ven- geance ; it must not call in vain. Our borders must no longer be disturbed by the war-whoop of these savages, and the cries of their suffering victims. The torch that has been lighted up must be made to blaze in the heart of their own country. It is time they should be made to feel the weight of a power, which, because it Avas merciful, they believed to be impotent. But how shall a war so long forborne, and so loudly called for by retributive justice, be waged ? Shall we imitate the example of our enemies, in the disorder of their movements and the savageness of their dispositions ? Is it worthy the character of American soldiers, who take up arms to redress the wrongs of an injured country, to assume no better models than those fur- nished them by barbarians ? No, fellow-soldiers ; great as are the grievances that have called us from our homes, we must not permit disorderly passions to tarnish the re- putation we shall carry along with us. We must and will be victorious ; but we must conquer as men who owe no- thing to chance, and w^ho, in the midst of victory, can still be mindful of what is due to humanity ! " We will commence the campaign by an inviolable attention to discipline and subordination. Without a strict observance of these, victory must ever be uncertain, and ought hardly to be exulted in, even when gained. To what but the entire disregard of order and subordination, are we to ascribe the disasters which have attended our arms in the north during the present war ? How glorious will it be to remove the blots which have tarnished the fair character bequeathed us by the fathers of our revolu- tion ! The bosom of your general is full of hope. He knows the ardor which animates you, and already exults in the triumph wh*ch your strict observance of disciphne and good order will render certain." Accompanying this address, was the following order for 3* 68 LIFE OF JACKSON. the establishment of the police of the camp, which strike ingly illustrates his promptitude^and decision as a mili- tary commander : " The chain of sentinels will be marked, and the sen- tries- posted, precisely at ten o'clock to-day. "xS^o sutler will be suffered to sell spirituous liquors to n.n^/ soldier, without permission in writing, from a com- missioned officer, under the penalties prescribed by the rules and articles of war. " No citizen will be permitted to pass the chain of sen tineis after retreat-beat in the evening, until reveille in the morning. Drunkenness, the bane of all orderly encamp- ments, is positively forbidden, both in officers and privates : officers, under the penalty of immediate arrest ; and pri- vates, of being placed under guard, there to remain until liberated by a court-martial. " At reveille-beat, all officers and soldiers are to appear on parade, with their arms and accoutrements in proper order. " On parade, silence, the duty of a soldier, is positively commanded. " No officer or soldier is to sleep out of camp, but by permission obtained." However harsh it may at first blush appear, to attempt the enforcement of such rules, in the very first stage of military discipline, yet the conduct of General Jackson was dictated by the most praiseworthy motives. The expedition on which he was about to march was certain to be both difficult and dangerous. He was aware that hardships must of necessity be endured, which would appal and dispirit his troops, if they were not early taught the lesson of strict compliance with the orders of their commander ; and he considered it much safer, therefore, to lay before them at once the rules of conduct to which they would be required to conform. Impatient to join his division, although his health was far from being restored, the general, in a few days after- wards, set out for the encampment, which he reached on the 7th of October. On the evening of the following day, a letter £uvre, they might be thrown into such a situ- ation as to be capable of resisting an attack from any quarter. Having judiciously encamped his men on an eligible piece of ground, he sent forward two of the friendly Indians ,and a white man, who had for many years been detained a captive in the nation, and was now acting as interpreter, to reconnoitre^ the position of the enemy. About eleven o'clock at night they returned, with information that the savages were posted within a quarter of a mile of the fort, and appeared to be in great force ; but that they had not been able to approach near enough to ascertain either their numbers or precise situa- tion. About an hour later, a runner arrived from Turkey- town, Avith a letter from General White, stating that after having taken up the line of m^irch to unite at Fort Strother, he had received orders from General Cocke to change his course, and proceed to the mouth of Chatauga creek. In- telligence so disagreeable, and withal so unexpected, filled the mind of Jackson with apprehensions of a serious and alarming character ; and dreading lest the enemy, by tak- ing a different route, should attack his encampment in his absence, he determined to lose no time in bringing them to battle. Orders were accordingly given to the adjutant- general to prepare the line, and by four o'clock on th morning of the 9th, the army was again in motion. Th infantry proceeded in three columns ; the cavalry in the same order, in the rear, with flankers on each wing. The advance, consisting of a company of artillerists with mus- kets, two companies of riflemen, and one of spies, marched about four hundred yards in front, under the command of Colonel Carroll, inspector-general, with orders, after com- BATTLE OP TALLADEGA. 71 mencing the action, to fall back on the centre, so as to draw the enemy after them. At seven o'clock, having arrived within a mile of the position they occupied, the columns were displayed in order of battle. Two hundred and fifty of the cavalry, under Lieut. Colonel Dyer, were placed in the rear of the centre, as a corps-de-reserve. The remainder of the mounted troops were directed to advance on the right and left, and after encircling the enemy, by uniting the fronts of their columns, and keeping their rear rested on the infantry, to face and press towards the centre, so as to leave them no possibility of escape. The remain- ing part of the army was ordered to move up by heads of companies ; General Hall's brigade occupying the right, and General Roberts' the left. ^ About eight o'clock, the advance having arrived within eighty yards of the enemy, who were concealed in a thick shrubbery that covered the margin of a small rivulet, re- ceived a heavy fire, which they instantly returned with much spirit. Falling in with the enemy, agreeably to their instructions, they retired towards the centre, but not before they had dislodged them from their position. The Indians rushed forward, screaming and yelling hideously, in the direction of General Roberts' brigade, a few com- panies of which, alarmed by their numbers and yells, gave way at the first fire. To fill the chasm which was thus cre- ated, Jackson directed the regiment commanded by Colonel Bradley to be moved up, which, from some unaccountable cause, had failed to advance in a Hne with the others, and now occupied a position in the rear of the centre. Bradley, however, to whom this order was given by one of the staff, omitted to execute it in time, alleging that he was de- termined to remain on the eminence which he then pos- sessed, until he should be approached and attacked by the enemy. Owing to this failure in the volunteer regiment, it became necessary to dismount the reserve, which, with ] great firmness, met the approach of the enemy, who were rapidly moving in this direction. The retreating militia, somewhat mortified at seeing their places so promptly supphed, rallied, and recovering their former position in the line, aided in checking the advance of the savages 73 LIFE OF JACKSON. The action now became general, and in fifteen minutes the Indians were seen flying in every direction. On the left they were met and repulsed by the mounted riflemen ; but on the right, owing to the halt of Bradley's regiment, which was intended to occupy the extreme right, and to the circumstance that Colonel Alcorn, who commanded one of the wings of the cavalry, had taken too large a circuit, a considerable space was left between the infantry and the cavalry, through which numbers escaped. Tha fight was maintained with great spirit and effect on both sides, as well before as after the retreat commenced ; nor did the pursuit and slaughter terminate until the moun- tains were reached, at the distance of three miles. Jackson, in his report of this action, bestowed high commendation on the officers and soldiers. " Too much praise," he said, at the close, " cannot be bestowed on the advance led by Colonel Carroll, for the spirited manner in which they commenced and sustained the attack ; nor upon the reserve, commanded by Lieut. Colonel Dyer, for the gallantry with which they met and repulsed the enemy. In a word, officers of every grade, as well as privates, realized the high expectations I had formed of them, and merit the gratitude of their country." In this battle, the force of the enemy was one thousand and eighty, of whom two hundred and ninety-nine were left dead on the ground ; and it is bejieved that many were killed in the flight, who were not found when the estimate was made. Probably few escaped unhurt. Their loss on this occasion, as since stated by themselves, was not less than six hundred: that of the Americans was fifteen killed, and eighty wounded, several of whom after- wards died. Jackson, after collecting his dead and wounded, advanced his army beyond the fort, and encamped for the night. The Indians who had been for several days shut up by the besiegers, thus fortunately liberated from the most dreadful apprehensions and severest privations, hav- ing for some days been entirely without water, received the army with all the demonstrations of gratitude that savages could give. Their manifestations of joy for their deliverance, presented an interesting and affecting spec- DESTITUTION OF THE TROOPS. 73 tacle. Their fears had heen already greatly excited, for it was the very day when they were to have been as- saulted, and when every soul within the fort must have perished. All the provisions they could spare from their scanty stock they sold to the general, who purchased them with his own money, and generously distributed them among his almost destitute soldiers. It was with great regret that Jackson now found he was without the means of availing himself fully of the ad- vantages of his victory ; but the condition of his posts in. the rear, and the want of provisions, (having left his en- campment at Fort Strother with little more than one day's rations,) compelled him to return ; thus giving the enemy time to recover from the consternation of their first defeat, and to re-assemble their forces. On returning to Fort Strother, he found that through the wilful mismanagement of General Cocke, no supplies had reached that post, and the soldiers were beginning to exhibit symptoms of dis- content. Even his private stores, brought on at his own expense, and upon which he and his staff had hitherto wholly subsisted, had been in his absence distributed among the sick by the hospital surgeon, who had been previously instructed to do so if their wants should re- quire; it. A few dozen biscuits, which remained on his return, were given to hungry applicants, without being tasted by himself or family, who were probably not less hungry than those who were thus relieved. A scanty supply of indifferent beef, taken from the enemy or pur- chased of the Cherokees, was the only support afforded. Left thus destitute, Jackson, with the utmost cheerfulness of temper, repaired to the bullock pen, and of the offal there thrown away, provided for himself and staff what he was pleased to call, and seemed really to think, a very comfortable repast. Tripes, however, hastily provided in a camp, without bread or seasoning, can only be palatable to an appetite very highly whetted. Yet this constituted for several days the only diet at head quarters, during which time the general seemed entirely satisfied with his fare. Neither this, nor the liberal donations which he made to relieve the suffering soldier, deserve to be 4 74 LIFE OF JACKSON. ascribed to ostentation or design : the one flowed from be- nevolence, the other from necessity, and a desire to place before his men an example of patience and suffering, which he felt might be necessary, and hoped might be serviceable. Charity in him was a warm and active pro- pensity of the heart, urging him, by an instantaneous im- pulse, to minister to the wants of the distressed, without regarding, or even thinking of the consequences. Many of those to whom aid was extended, had no conception of the source that supplied them, and beheved the comforts they received were, indeed, drawn from stores provided for the hospital department. On one occasion, during these difficulties, a soldier, with a wo-begone countenance, approached the general, stating that he was nearly starved, that he had nothing to eat, and that he did not know what he should do. He was the more encouraged to complain, from perceiving that the general, who had seated himself at the root of a tree, was busily engaged in eating something, and confidently expected to be reheved. Jackson replied to him, that it had always been a rule with him, never to turn away a hungry man when it was in his power to relieve him. "I will most cheerfully," said he, " divide with you what I have;" and putting his hand in his pocket, he drew forth a few acorns, from which he had been feasting, at the same time remarking, in addition, that this was the only fare he had. The soldier seemed much surprised, and forthwith circulated the intelligence among his com- rades, that their general was feeding on acorns, and urged them not to complain. But while General Jackson remained wholly unmoved by his own privations, he was filled with solicitude and concern for his army. His utmost exertions, unceasingly applied were insufficient to remove the sufferings to which he sav» they were exposed ; and although they were by no means so great as were represented, yet were they undoubtedly such as to be sensibly and severely felt. Discontents, and a desire to return home, arose, and presently spread through the camp ; and these were still further imbittered and augmented by the arts of a few designing officers, who. DISCONTENT IN THE ARMY. 75 believing that the campaign would break up, hoped to make themselves popular on their return, by encouraging and taking part in the complaints of the soldiery. It is a singular fact, that those officers who pretended on this occasion to feel most sensibly for the wants of the army, and who contrived most effectually to instigate it to revolt, had never themselves been without provisions; and were, that very moment, enjoying in abundance what would ave relieved the distresses of many, had it been as gene- rously and freely distributed as were their words of advice and condolence. During this period of scarcity and discontent, small quantities of supphes were occasionally forwarded by the contractors, but not a sufficiency for present want, and still less to remove the apprehensions that were entertained for the future. At length, revolt began to show itself openly. The officers and soldiers of the mihtia, collecting in their tents and talking over their grievances, determined to yield up their patriotism and to abandon the camp. Several of the officers of the old volunteer corps exerted themselves clandestinely, to produce disaffection. Looking upon them- selves somewhat in the light of veterans, from the disci- pline they had acquired in the expedition to Natchez, they were unwilling to be seen foremost in setting an example of mutiny, but wished to make the defection of others a pretext for their own. It was almost unreasonable to expect men to be patient, while starvation was staring them in tlie face. Overlook- ing the fact that their difficulties were mainly occasioned by the mahcious feehngs of a single officer, they began to feel that they were neglected by their country, whose battles they had fought, and resentment and discontent took possession of their bosoms. Increasing from day to day, and extending from individuals to companies, and from companies to regiments, they soon threatened an en- tire dissolution of the army. The volunteers, though deeply imbued with this feeling, were at first restrained from any pubhc exhibition of it, by their soldierly pride ; but the militia regiments determined to leave the camp, and return to Tennessee. Apprised of their intention, 76 LIFE OF JACKSON. General Jackson resolved to defeat it ; and as they drew out in the morning to commence their march, they found the volunteers drawn up across their path, with orders to require them, under penalty of instant military execution, to return to their position. They at once obeyed, admir- ing the firmness which baffled their design. In this operation the volunteers had been unwilling in- struments in the hands of their general, and, chagrined at their own success, resolved themselves the next day to abandon the camp in a body. What was their surprise, on making a movement to accomplish that object, to find the very militia whose mutiny they had the day before? repressed, drawn up in the same position to resist them ! So determined was their look, that the volunteers deemed it prudent to carry out the parallel, and returned quietly to their quarters. This process, by which nearly a whole army, anxious to desert, was kept in service by arraying one species of force against another, though effectual for the moment, would not bear repetition, and the general was sensible how feeble was the thread by which he held them together. The cavalry, who not only shared in the general privation, but had no forage, petitioned for per- mission to retire to the vicinity of Huntsvihe, pledging themselves to return w^hen called on, after recruiting their horses and receiving their winter clothing. Their peti- tion was granted, and they immediately left the camp. Having received letters from Colonel Pope, assuring him that abundant, supplies were on the way. General Jackson resolved to make an effort to produce good feeling throughout the army, in order that they might be able to act with promptitude when an opportunity offered for striking a decisive blow. He accordingly invited the field and platoon officers to his quarters, on the 14th of Novem- ber, and communicated to them the information he had received, and the wishes and expectations which he had based upon it. " To be sure," said he, " we do not live sumptuously ; but no one has died of hunger, or is hkely to die ; and then how animating are our prospects ! Large supplies are at Deposit, and already are officers despatched to hasten them on. Wagons are on the way ; a large MUTINY OF HIS TROOPS. 77 number of beeves are in the neighborhood ; and detach- ments are out to bring them in. All these resources sure- ly cannot fail. I have no wish to starve you — none to deceive you. Stay contentedly ; and if supphes do not arrive within two days, we will all march back together, and throw the blame of our failure where it should proper- ly lie : until then we certainly have the means of subsist- ing ; and if we are compelled to bear privations, let us remember that they are borne for our country, and are not greater than many — perhaps most armies have been com- pelled to endure. I have called you together to tell you my feelings and my wishes ; this evening think on them seriously, and let me know yours in the morning." After addressing them in such kind and generous terms, notwithstanding many of them had secretly encouraged the disaffection, how great must have been his grief and mortification in the morning, when he received from the officers of the volunteer regiments the annunciation that, in their opinion, "Nothing short of marching the army immediately back to the settlements, could prevent those difficulties and that disgrace which must attend a forcible desertion of the camp by his soldiers." The officers of the militia, however, reported their will- ingness to wait a few days longer for a supply of pro- visions, and, if it should be received, to proceed with the campaign ; otherwise, they insisted on being marched back where supplies could be procured. To preserve the volunteers for farther service, if possible, the general de- termined to gratify their wishes, and ordered General Hall to lead them back to Fort Deposit, there to obtain relief for themselves, and then to return as an escort to the pro- visions. But the second regiment of volunteers were ashamed to be found less loyal than the militia, and begged permission to remain with their general, and the first re- giment marched alone. It is impossible to describe the emotions of General Jackson, when he saw a regiment of brave men, whom he had refused to abandon at Natchez even ai the command of his government, for the preserva- tion of whose well-earned fame he would have hazarded his life, deserting him in the wilderness, reckless of honor. 78 LIFE OF JACKSON. of patriotism, of gratitude, and humanity. He could not avoid giving expression to his feelings in strong and de- cided terms. " I was prepared," he said, " to endure every evil but disgrace ; and this, as I can never submit to myself, I can give no encouragement to in others." On the 16ih of November, General Jackson addressed a letter to Colonel Pope, the contractor, in which he said : " My men are all starving. More than half of ther left me yesterday for Fort Deposit, in consequence of th scarcity, and the whole will do so in a few days if plenti- ful supplies do not arrive. Again and again I must en- treat you to spare neither labor nor expense to furnish me, and furnish me without delay. We have already struck the blow which would, if followed up, put an end to Creek hostility. I cannot express the torture of my feelings when I reflect that a campaign so auspiciously begun, and which might be so soon and so gloriously terminated, is likely to be rendered abortive for the want of supplies. For God's sake, prevent so great an evil." In his address to the officers on the 14th, the general had told them that in case supplies did not reach them within two days, he would lead the army back where provisions could be had. Two days had elapsed after the departure of the volunteers, and no supplies had come. The declaration had been made in the confident expecta- tion that provisions, then known to be on the way, would reach them before the expiration of that period ; but the general felt bound to comply with his word. He imme- diately proceeded to make arrangements for the abandon- ment of Fort Strother ; but, contemplating the new cou- rage with which it would inspire the enemy, the calami- ties it was hkely to bring on the frontiers, and the dis- grace upon his army, if not on himself, he exclaimed, "If only two men will remain with me, I will never abandon this post." " You have one, general," promptly rephed Captain Gordon, of the spies ; " let us look if we cannot find another." The captain immediately beat up for vo- lunteers, and, with the aid of some of the general staff, soon raised one hundred and nine, who agreed to stand by their general to the last extremity. MUTINY OF HIS TROOPS. 79 Confident that supplies were at hand, the general inarched with the mihtia, announcing that they would be ordered back if provisions should be met at no great dis- tance from the fort. Within ten or twelve miles they met a drove of a hundred and fifty beeves. They halted, butchered, and ate ; but the courage inspired by satiety was that of mutineers. Upon receiving an order to re- turn, with the exception of a small party to convey the ick and wounded, they resolved to disobey it. One com- pany resumed its march homeward, before General Jackson was apprised of their design. Informed of this move- ment, he hastened to a spot about a quarter of a mile ahead, where General Coffee, with a part of the staff and a few soldiers, had halted, and ordered them instantly to form across the road, and fire on the mutineers if they should attempt to pass. Rather than encounter the bold faces before them, the mutinous company thought it expedient to return to the main body, and it was hopeS that no far- ther opposition would be exhibited. Going alone for the purpose of mixing among his men, and appeasing them by argument and remonstrance, the general found a spirit of mutiny pervading the whole brigade. They had formed, and were on the point of moving off, knowing that no force was at hand powerful enough to resist them ; but ihej had to deal with a man who was a host in himself. He seized a musket, threw it across his horse's neck, placed himself in front -of the brigade drawn up in column, and declared he would shoot the first man who took a step in advance. Struck with awe, the men gazed at him in sullen silence. In this position, General Coffee and some of the members of his staff rode up, and placed themselves at his side. The faithful officers and soldiers, amounting to about two com- )anies, formed in his rear, under orders to fire when he did. For some minutes not a word was uttered. A mur- mur then arose among the mutineers, and at length they signified their willingness to return. The matter 'was amicably arranged, and the troops marched back to Fort Strother, though not in the best spirits. This incident derives additional interest from the fact, 80 LIFE OF JACKSON. that the general's left arm was not so far healed as to enable him to aim a musket, and the weapon he had was too much out of order to be fired. Shortly after the battle of Talladega, the Hillabee tribes, who had been the principal sufferers on that occasion, ap- phed to General Jackson for peace ; declaring their will- ingness to receive it on such terms as he might be. pleased to dictate. He promptly replied, that his government had taken up arms to bring to a proper sense of duty a people to whom she had ever shown the utmost kindness, but who, nevertheless, had committed against her citizens the most unprovoked depredations ; and that she would lay them down only when certain that this object was at- tained. " Upon those," continued he, " who are friendly, I neither wish nor intend to make war ; but they must afford evidences of the sincerity of their professions ; the prisoners and property they have taken from us and the friendly Creeks, must be restored ; the instigators of the war, and the murderers of our citizens, must be sur- rendered ; the latter must and will be made to feel the force of our resentment. Long shall they remember Fort Mimms, in bitterness and tears." Having communicated to General Cocke, whose divi- sion was acting in this section of the nation, the proposi- tions that had been made by the Hillabee tribes, with the answer returned, and urged him to detach to Fort Strother six hundred of his men to aid in the defence of that place during his absence, and in the operations he intended to resume on his return, Jackson proceeded to Deposit and Ditto's landing, where the most effectual means in his power were taken for obtaining regular supphes in future. The contractors were required to furnish immediately thirty days' rations at Fort Strother, forty at Talladega, and as many at the junction of the Coosa and Tallapoosa two hundred packhorses and forty wagons were also put in requisition to facilitate their transportation. Understand- ing now that the whole detachment from Tennessee had been received into the service of the United States, he persuaded himself that the difficulties previously en- countered would not again recur, and looked forward, EFFORTS TO RAISE ADDITIONAL TROOPS. 81 with sanguine expectations, to the speedy accomplish- ment of tile objects of the expedition. But the satisfac- tion he felt, and the hopes he began to cherish, were of short continuance. The volunteers who had formerly been enrolled in the expedition to Natchez, began to look anxiously for the 10th of December, at which time they supposed their enlistments would expire. Anticipating difficulty from this cause, General Jackson was exceedingly anxious to fill up the deficiencies in his ranks. General Roberts was accordingly ordered to return and complete his brigade, and Colonel Carroll and Major Searcy were despatched to Tennessee, to raise volunteers for six months, or during the campaign. At the same time, the general wrote to several patriotic citizens of that state, urging them to cqn- tribute their aid and assistance. In one of his letters, he expressed himself in the following touching language, which shows how deeply his heart was enhsted in the enterprise he had undertaken to accomplish : " I left Tennessee with an army, brave, I believe, as any general ever commanded. I have seen them in bat- tle, and my opinion of their bravery is not changed. But their fortitude — on this too I relied — has been too severely tested. Perhaps I was wrong in believing that nothing but death could conquer the spirits of brave men. I am sure I was ; for my men I know are brave, yet privations have rendered them discontented — that is enough. The expedition must nevertheless be prosecuted to a success- ful termination. New volunteers must be raised to con- clude what has been so auspiciously begun by the old ones. Gladly would I save these men from themselves, and insure them a harvest which they have sown ; but if they will abandon it to others, it must be so. * * "i^ * * * So far as my exertions can contribute, the pur- poses both of the savage and his instigator shall be de- feated ; and so' far as yours can, I hope — I know they will be employed. I have said enough — I want men, and want them immediately." Anxious to prosecute the campaign as soon as possible, vhat by employing his troops actively he might dispel 82 LIFE OF JACKSON. from their minds that discontent so frequently manifested, Jackson wrote to General Cocke, early in December, earnestly desiring him to hasten to the Ten Islands, with fifteen hundred men. He assured him that the mounted men, who had returned to the settlements for subsistence, and to recruit their horses, would arrive by the 12th of the month. He wished to commence his operations directly, " knowing they would be prepared for it, and well knowing they would require it. 1 am astonished," h'e continued, "to hear that your supplies continue deficient. In the name of God, what are the contractors doing, and about what are they engaged ? Every letter I receive from Governor Blount, assures me I am to receive plentiful supplies from them, and seems to take for granted, notwithstanding all I have said to the contrary, that they have been hitherto regularly furnished. Considering the generous loan the state has made for this purpose, and the facility of procuring bread-stuffs in East Tennessee, and the transporting them by water to Fort Deposit, it is to me wholly unaccountable that not a pound has ever arrived at that place. This evil must continue no longer — it must be remedied. I expect, therefore, and through you must require, that in twenty days they fur- nish at Deposit every necessary supply." While these preparations for the vigorous prosecution of hostilities were being made, the volunteers were con- gratulating themselves upon their anticipated discharge from the service. They had originally enlisted on the 10th of December, 1812, to serve for twelve months. A portion of this lime, however, after their return from Natchez, they had not been actually engaged in service. This fact was entirely overlooked in their calculations, and they commenced pressing their officers en the subject of their discharge. General Jackson received a letter from the colonel who commanded the second regiment, dated the 4th of De- cember, 1813, in which was attempted to be detailed their whole ground of complaint. He began by stating, that, painful as it was, he nevertheless felt himself bound to disclose an important and unpleasant truth : that, on the DIFFICULTY WITH THE VOLUNTEERS. 83 10th instant, the service would %e deprived of the regi- ment he commanded. He seemed to deplore, with great seusibihty, the scene that would be exhibited on that day, should opposition be made to their departure ; and still more sensibly, the consequences that would result from a disorderly abandonment of the camp. He stated that they had all considered themselves finally discharged, on the JJOth of April, 1813, and n^r knew to the contrary, until hey saw his order of the 24th of September, 1813, requiring them to rendezvous on the 4th of October. " Thus situated," proceeded the colonel, " there was con- siderable opposition to the order ; on which the officers generally, as I am advised, and I know myself in par- ticular, gave it as an unequivocal opinion, that their term of service would terminate on the 10th of December, 1813. They therefore look to their general, who has their confi- dence, for an honorable discharge on that day ; and that, in every respect, he will see that justice be done them. They regret that their particular situations and circum- stances require them to leave their general, at a time when their services are important to the common cause. "It would be desirable," he continued, "that those men who have served with honor, should be honorably discharged, and that they should return to their families and friends without even the semblance of disgrace ; with their general they leave it to place them in that situation. They have received him as an affectionate father, while they have honored, revered, and obeyed him ; but having devoted a considerable portion of their time to the service of their country, by which their domestic concerns are greatly deranged, they wish to return, and attend to their own affairs." Although this communication announced the determi- nation of only a part of the volunteer brigade, the com- mander in chief had abundant evidence that the defection was but too general. The difficulty which he had here- tofore been compelled to encounter, from the discontent of his troops, might well induce him to regret that a spirit of insubordination should again threaten to appear in his camp. That he might prevent it, if possible, he hastened 84 LIFE OF JACKSON. to lay before them the erftr and impropriety of their views, and the consequences involved, should they persist in their purpose. To the foregoing letter he returned a reply which, for un- shrinking firmness of resolution, and patriotic devotion to the interests of his country, was never surpassed. He declared his determination to prevent their return, at the hazard of his life, and called i^^nGod to witness, that the scenes of blood which might be exhibited on the 10th of December should not be laid to his charge. He reminded the volunteers that they had been enlisted for twelve months' actual service ; that but a portion of that time had expired ; and that at the time of their dismissal, after their return from Natchez, a certificate was given to each man, setting forth the number of months he had served, and they were expressly told that they were liable to be again called out to complete the full term. He also stated that he was ready and willing to discharge them, provided he received orders to that effect from the President of the United States, or the Governor of the State, but otherwise, they must remain with him. The letter concluded with the following remarkable words : " I cannot, must not be- lieve, that ' the volunteers of Tennessee,' a name ever dear to fame, will disgrace themselves, and a country which they have honored, by abandoning her standard, as mutineers and deserters ; but should I be disappointed, and compelled to resign this pleasing hope, one thing I will not resign — my duty. Mutiny and sedition, so long as I possess the power of quelling them, shal^ be put down ; and even when left destitute of this, I will still be found, in the last extremity, endeavoring to discharge the duty I owe my country and myself." To the platoon officers, who addressed him on the same subject, he rephed with nearly the same spirited feehng; but discontent was too deeply fastened, and had been too artfully fomented, to be removed by any thing like argu- ment or entreaty. At length, on the evening of the 9th of December, 1813, General Hall hastened to the tent of Jackson, with information that his whole brigade was in a state of mutiny, and making preparations to move SUPPRESSION OF THE MUTINY. 85 forcibly off. This was a measure which every considera- tion of policy, duty, and honor, required Jackson to op- pose ; and to this purpose he instantly appHed all the means he possessed. He immediately issued the follow- ing general order: "The commanding general being in- formed that an actual mutiny exists in his camp, all officers and soldiers are commanded to put it down. The officers and soldiers of the first brigade will, without delay, parade on the west side of the fort, and await further orders." The artillery company, with two small field-pieces, being posted in the fronf' and rear, and the militia, under the command of Colonel Wynne, on the eminences, in ad- vance, were ordered to prevent any forcible departure of the volunteers. The general rode along the line, which had been pre- viously formed agreeabl}'' to his orders, and addressed them, by companies, in a strain of impassioned eloquence. He feehngly expatiated on their former good conduct, and the esteem and applause it had secured them ; and pointed to the disgrace which they must heap upon themselves, their families, and country,, by persisting, even if they could succeed, in their present mutiny. He told them, how- ever, that they should not succeed but by passing over his body ; that even in opposing their mutinous spirit, he should perish honorably — by perishing at his post, and in the discharge of his duty. "Reinforcements," he con- tinued, "are preparing to hasten to my assistance; it can- not be long before they will arrive. I am, too, in daily expectation of receiving information, whether you may be discharged or not — until then you must not, and shall not, retire. I have done with entreaty, — it has been used long enough. I will attempt it no more. You must now de- termine whether you will go, or peaceably remain ; if you still persist in your determination to move forcibly off, the point between us shall soon be decided." At first they hesitated ; he demanded an explicit and positive answer. They still hesitated, and he commanded the artillerist to prepare the match ; he himself remaining in front of the volunteers, and within the line of fire, which he intended soon to order. Alarmed at his apparent determination, 86 LIFE OF JACKSON. and dreading the consequences involved in such a con- test, " Let us return," was presently lisped along the line, and soon after determined upon. The officers came for- ward and pledged themselves for their men, who either nodded assent, or openly expressed a willingness to retire to their quarters, and remain without further tumult, until information was received, or the expected aid should arrive. Thus passed away a moment of the greatest peril, and pregnant with important consequences. Notwithstanding all General Jackson's firmness, the want of supplies and the actual necessities of his army, at length compelled him reluctantly to allow them to return home, while he himself remained, with about one hundred faith- ful soldiers, in the garrison at Fort Strother, thpre to await the arrival of reinforcements. ARRIVAL OF RECRUITS. ' 8T CHAPTER VI. 814. Arrival of recruits — Battle of Emuckfaw — Return of the army — Ambuscade of the enemy — Battle of Enotochopco — Bravery of General Carroll and Lieutenant Armstrong — Return to Fort Strother — The army reinforced — Battle of Tohopeka — Kindness of Jackson to a prisoner — Preparations to attack Hoithlewalle — Address to the troops — The Indians abandon their towns at Jackson's approach — Termination of the campaign — Operations of the British at Pensa- cola — Conduct of the Spanish governor — Proclamation of Colonel Nicholls — Unsuccessful attack on Fort Bowyer — Jaclvson marches to Pensacola and demolishes it. 1814. The difRcuIties and embarrassments which had thus far in the campaign attended the operations of General Jack- son, might well have appalled a braver spirit ; but his was not a nature to sink beneath the frowns of adverse fortune. His intrepidity of spirit, and resoluteness of purpose, were never more signally manifested, than at the very moment when the return of the volunteers left him without the means to pursue the advantages he had already gained. He again urged the governor of Tennessee to expedite the enhstment of troops, and provide means for furnishing suppHcs at such points as they might be needed. About the middle of January, 1S14, eight hundred new recruits reached his camp at Fort Strother. Considering it utter- ly impracticable to penetrate the Creek country with so meagre a force, he determined to make a diversion in fa- vor of Major Floyd, who, it was feared, might be closely pressed by the enemy, in consequence of his failure to co- operate with the troops from Tennessee. Having received authentic intelligence, that a large body of the "red-sticks," or hostile Indians, were collected on the Emuckfaw creek, in a bend of the Tallapoosa river, Jackson directed his march thither; and on the evening of the 21st of January, he encamped within a short distance 88 LIFE OF JACKSON. of the enemy. A friendly Indian spy, who had recon- noitred the enemy's camp, brought in word that the In- dians were removing their women and cnildren — a sure indication that they meditated an attack. Before dayhght, on the morning of the 22d, a brisk firing was heard upon the right, and in a few moments the action became gene- raL The enemy were soon repulsed, with the loss of many of their best and bravest warriors ; but their undoubted strength, and the fact that they were constantly receiving reinforcements, determined the general to return to Fort Strother. • The object he had in view was fortunately ac- complished, as it was afterwards known that the battle of Emuckfaw was, in all probability, the means of saving Major Floyd's troops, who was hotly engaged with the enemy on the 27th, and would have been destroyed if their force had not been so seriously diminished. General Jackson buried the dead on the field of battle, and on the 23d of January commenced a retrograde march. During the night of the 23d there came on a violent storm, which was known to be always favorable to the Indian mode of fighting, and as his troops were not at- tacked on the night of the 22d, or while on their march the following day, he rightly conjectured that the enemy were lying in ambush for him at the ford of Enotochopco, about twelve miles from Emuckfaw. The stream, at this point, ran through a narrow defile ; the ford was deep'; and the banks were covered with underwood and reeds. The eagle eye of Jackson had discovered the natural ad- vantages of the place for an ambush, on his previous march to Emuckfaw, and he resolved to cross the stream at a ford six hundred yards lower down. In order to guard against an attack from the enemy, if they saw fit to follow him after discovering the change in his course, he formed his rear to receive them. This movement was wisely made. Part of the army had crossed the creek, and the artillery were on the point of entering it, when an alarm gun was heard in the rear, and the next instant the whoop- ing and yelhng of the savages told plainly enough that they were coming on in fearful numbers. The militia, on the right and left, being struck with a sudden panic, in- BATTLE OF ENOTOCHOPCO. 89 stantly retreated down the bank, with their colonels at their head, leaving the brave General Carroll, and about twenty- five men, to check the advance of the enemy. As Colo- nel Stump came plunging towards the creek where Ge- neral Jackson was superintending the crossing of the troops, the latter made an unsuccessful attempt to draw his sword and cut him down. He was afterwards tried by a court-martial, on a charge of cowardice, and cashiered. In the mean time. Lieutenant Armstrong ordered his company of artillery to form on the hill, and with the as- sistance of one or two others, he drew up the cannon, a six-pounder, and pointed it towards the enemy. The ramrod and picker had been lost, but Jackson supplied the deficiency by using muskets and their ramrods to load the piece. It was fired twice, and did fearful execution. The Indians began to waver, and when the general had succeeded in rallying a number of the fugitives, and formed them for a charge, they fled with precipitation, throwing away their packs, and leaving twentv-six of their war- riors dead on the field. After this repulse, the army resumed their march, and reached Fort Strother in safety, on the 27th of January, whore they were dismissed by their general, until he re- ceived further orders from government, which he desired to provide him with a competent force to enter the Creek country, and put a termination to the war. Through the- patriotic exertions of Governor Blount, General Jackson was again at the head of a fine army, early in March, and ready to recommence the campaign. His force at this time consisted of four thousand Tennessee militia and volunteers, and a regiment of United States regulars. In the month of February, he had received information that the hostile Indians, about one thousand in number, were fortifying themselves in a bend of the Tallapoosa river, fifty miles from Emuckfaw, where they had determined to make a last stand. The country between theCoosaand Tallapoo- sa rivers, known to the whites as the "Hickory Ground," had always been held sacred by the Indians, and they were taught, by their prophets, to believe that no white man could ever enter this territory to conquer it. Gene- 90 LIFE OF JACKSON. ral Jackson saw at once that the conquest of this tract of ground would compel them to sue for peace, and he de- termined on forcing them to a general engagement. He accordingly marched his army down the Coosa, and, hav- ing established a fort at the mouth of Cedar Creek, called Fort Williams, he crossed over to the Tallapoosa. He was three days in crossing the Hickory Ground, as the road had to be cut from one river to the other. On the morning of the 27th of March, he arrived near Tohopeka with a force of over two thousand men. The bend of the river in which the enemy were fortified, as its name imports, resembles a horse-shoe in shape. Across the neck of land by which the peninsula was entered from the north, the Indians had thrown up a rude breastwork of logs, seven or eight feet high, but so con- structed that assailants would be exposed to a double and cross-fire. About a hundred acres lay within the bend, and at the bottom of it there was an Indian village, around which were a great number of canoes fastened to the bank of the river. Affer reconnoitering the position. General Jackson detached General Coffee to surround the bend opposite to where the canoes were secured, while he him- self advanced to assault the breastwork. As soon as Ge- neral Cofl^ee had reported, by signals, the fulfilment of the order, the two pieces of artillery, a six and three pounder, began to play upon the breastwork. The firing had con- tinued for about two hours, when some of the friendly Cherokees who were with General Coffee, swam the river, and brought over the canoes. A number of Coffee's troops immediately crossed over, set fire to the village, and attacked the Indians in the rear. On discovering this movement. General Jackson ordered a push to be made at the breastwork, and carried it by storm. The battle now commenced in earnest, and a most bloody and despe- rate hand to hand conflict ensued, in which the Indians were finally overpowered, and compelled to give way. A number of them attempted to escape across the river, but were shot by the spies and mounted men under General Coffee. Some took refuge among the brush and fallen timber on the cliffs overhanging the river, from which KINDNESS TO AN INDIAN PRISONER. 91 they fired upon the victors. Jackson was desirous to pre- j vent the further loss of life, and sent an interpreter within I call to offer them terms, but he was also fired upon and I severely wounded. The cannon were then brought to bear on the place of their concealment, yet they still re- fused to surrender. After losing several men in an in- effectual charge, the general, as a last resort, commanded the brush and timber to be fired, and such of them as were driven from their hiding-places were shot as they ran. Night at length put an end to the battle, and a few of the miserable survivors escaped in the darkness. Five hun- dred and fifty-seven of their number were found dead on the field, and three hundred women and children were taken prisoners. The American loss was fifty-five killed and one hundred and forty-six wounded ; nearly one-third of which fell upon the friendly Creeks and Cherokees. Among the Indians slain were three of their prophets, who had been the most active in exciting them to war. Up to the last moment, they maintained their influence over their deluded countrymen, and continued their wild and unseemly dances amid the thunder of battle. One of them was struck dead, with a grape shot, in the midst ! of his incantations. An incident occurred after the battle highly character- istic of the American general. A young Indian was brought before him who had received a severe wound in the leg. A surgeon was sent for to dress it, and the savage quietly submitted to the operation ; but while it was going on, he looked inquiringly at the general, and said, "Cure 'im, kill 'im again?" Jackson assured him, in a friendly manner, that he need not apprehend any further injury, and he soon recovered. The general was struck with his manly bearing, and having ascertained that all his relations had perished in the battle, he sent him to his own house in Tennessee. After the conclu- sion of the war, he bound him out to a trade in Nashville, where he married, and established himself in business. As his men had taken but seven days' rations with them when they left Fort Williams, Jackson was compelled to return to that post. Before doing so, he took the precau- 92 LIFE OF JACKSON. tion to sink the dead bodies of his soldiers in the river, that they might be beyond the reach of the savages who had disinterred those buried at Emuckfaw and Enoto- chopco, for the purpose of obtaining their scalps. The original plan of the expedition against the Creek nation, formed by General Pinckney, the commander in chief, contemplated the junction of the different divisions sent from Georgia, Tennessee, and Mississippi, at the bend of the Coosa and Tallapoosa ; but the failure to furnish provisions to the Tennessee troops, in the early part of the campaign, prevented the accomphshment of this design. General Jackson, however, after his return to Tohopeka, resolved upon the complete conquest of the Hickory Ground. He immediately made preparations to attack Hoithlewalle, an Indian town in this territory, where a large body of the enemy were said to be concentrated. On the 7th of April, just five days after his return from Tohopeka, he commenced his march. Each of his men carried eight days' provisions on his back. This supply was thought to be abundantly sufficient, as he expected soon to meet the eastern army under Colonel Milton, who had orders from General Pinckney to furnish him with supphes. Most of the friendly Indians were dismissed, on account of the difficulty in obtaining provisions. Before setting out, Jackson issued an animated address to his troops, in the following terms : " Soldiers, — You have entitled yourselves to the grati- tude of your country and your general. The expedition from which you have returned, has, by your good conduct, been rendered prosperous beyond any example in the history of our warfare ; it has redeemed the character of your state, and of that description of troops of which the greater part of you are. " The fiends of the Tallapoosa will no longer murder our women and children, or disturb the quiet of our borders. Their midnight flambeaux will no more illu- mine their council-house, or shine upon the victims of their infernal orgies. In their places a new generation will arise, who will know their duty better. The weapons of warfare will be exchanged for the utensils of husbandry ; TERMINATION OF THE CAMPAIGN. 93 and the wilderness, which now withers in sterility, and mourns the desolation which overspreads her, will blossom as the rose, and become the nursery of the arts. But, before this happy day can arrive, other chastisements re- ,main to be inflicted. It is indeed lamentable, that the path to peace should lead through blood, and over the bodies of the slain ; but it is a dispensation of Providence, and perhaps a wise one, to inflict partial evils that ulti- 1 mate good may follow." It was Jackson's intention to reach Hoithlewalle on the 11th of April; but the roads had been rendered almost impassable by the heavy rains, and he found himself un- able to do so. When within ten or twelve miles of the town, he ascertained that the inhabitants had deserted it. He then directed his march for Fooshatchie, three miles lower down the river, where he took several prisoners. The Indians generally, on his approach, fled across the Tal- lapoosa. He had anticipated this, and his orders to Colonel Milton, to co-operate with him from the east, were intend- ed to prevent the escape of the enemy in that direction. That officer, however, not only disregarded the orders he had received, but suffered the Indians to pass him un- molested, when he was preparing to cross the river and attack them. The rapid rising of the Tallapoosa, and the want of provisions, compelled Jackson temporarily to de- sist from the pursuit. Soon after, he made application to Colonel Milton, who was advancing to attack Hoithlewalle, which he had already destroyed, for provisions to supply his troops. The colonel replied that he did not feel him- self under obligation to furnish any to the Tennessee troops, but he would lend them some if it were absolutely necessary. Jackson instantly sent him a peremptory order, by Captain Gordon of the spies, requiring him to furnish the provisions which he had previously requested, and to form a junction with him the next day. On read- ing the order, Colonel Milton inquired of Captain Gordon, what sort of a man General Jackson was. " He is a man," replied the captain, " who intends when he gives an order that it shall be obeyed !" Colonel Milton then said he would furnish provisions, not because they were ordered, 94 LIFE OF JACKSON. but because the men were suffering for want of them ; nevertheless he afterwards obeyed the order in full, and joined the army under Jackson with his force. In order to intercept the Indians who had fled across the river, Jackson detached a body of mounted men to scour the left bank of the Tallapoosa, while he himself, with the main army, prepared to march down the Coosa as far as their junction. Just as the army was about to commence its march, word was brought to the general that Colonel Milton's brigade could not move, as the wajron-horses had strayed away in the night and could not be found. Jackson sent back word that he had dis- covered an effectual remedy in such cases, which was to detail twenty men to each wagon. Milton took the hint, and having dismounted a f^ew of his dragoons, attached their horses to the wagons, and soon put his brigade in motion. The army did not encounter the least opposition on their march, and it was now evident that the battle of Tohopeka had ended the Creek war. No effort was made by the surviving warriors to rally, after that fatal day, and as General Jackson advanced, they either fled before him, or came in and offered submission. In a few months peace and quiet were restored; whereupon the Tennes- see soldiers returned home, and were honorably dis- charged. Upon the resignation of General Harrison, in the spring of 1814, Jackson was appointed a major-general in the army of the United States. The protection of the coast near the mouths of the Mississippi was intrusted to him; and his first attention was tujned to the encouragement and protection which the savages received, from the Spa- nish governor and Spanish authorities in the fortress of Pensacola, which is situated on the Gulf of Mexico, at about a hundred miles' distance from the main fastness of the Creek Indians. His opinion was, that the savages were constantly receiving assistance from the Spanish garrison, and from the British, through the means of the garrison ; and he was persuaded that the latter would finally attack New Orleans after having prepared themselves at Pensa- ATTACK ON PENSACOLA. 95 cola. On his way to the south, he learned that ahout three hundred British troops had landed, and were fortify- ing themselves at no great distance from that post. In this state of things, he endeavored to prevail upon the Spanish governor to desist from all acts injurious to the United States. That officer at first prevaricated, but af- terwards boldly falsified the truth. The news had already been received, of the fall of Napoleon, and his banishment to Elba; and this event inspired new villany, and new courage, everywhere, inasmuch as it greatly increased the ability of Great Britain to prosecute her hostile opera- tions against the United States. The Spanish garrison at Pensacola was, in fact, a rendezvous for the British, and their Indian allies. Captain Gordon was sent by General Jackson, in the month of August, 1814, to reconnoitre the post, and, on his return, he reported that he had seen from fifty to two hundred officers and soldiers, a park of artille- ry, and about five hundred savages drilhng under British officers, and dressed in British uniform. These facts were duly communicated to the government, and an order was issued on the 18th of July, by General Armstrong, then secretary of war, authorizing General Jackson to attack Pensacola. By some strange and unaccountable delay, the letter containing this order did not reach him until the 17th of January, 1815. General Jackson regarded the operations of the British at Pensacola, with considerable anxiety ; and on the ap- pearance of the following proclamation, addressed to the inhabitants of the southern and western states, and dated at Pensacola, the "head-quarters" of the officerwhose name was attached, he decided to act on his own responsibility: "Natives of Louisiana! on you the first call is made, to assist in liberating from a faithless, imbecile govern- ment, your paternal soil : Spaniards, Frenchmen, Italians, and British, whether settled, or residing for a time, in Louisiana, on you, also, I call to aid me in this just. cause. The American usu^^^ation in this country must be abohshed, and the lawful owners of the soil put in possession. I am at theTead of a large body of Indians, well armed, disci- plined, and commanded by British officers — a good train 96 LIFE OF JACKSON. of artillery, with every requisite, seconded by the power- ful aid of a numerous British and Spanish squadron of ships and vessels of war. Be not alarmed, inhabitants of the country, at our approach; the same good faith and disinterestedness, which have distinguished the conduct of Britons in Europe, accompany them here ; you will have no' fear of htigious taxes imposed on you for the purpose of carrying on an unnatural and unjust war; your property, your laws, the peace and tranquillity of your country, will be guarantied to you by men who will suffer no infringement of theirs ; rest assured that these brave red men only burn with an ardent desire of satis- faction for the wrongs they have suffered from the Ame- ricans, and to join you in liberating these southern provinces from their yoke, and drive them into those limits formerly prescribed by my sovereign. The Indians have pledged themselves in the most solemn manner, not to injure, in the shghtest degree, the persons or property of any but enemies. A flag over any door, whether Spanish, French, or British, will be a certain protection ; nor dare any In- dian put his foot on the threshold thereof, under penalty of death from his own countrymen ; not even an enemy will an Indian put to death, except resisting in arms ; and as for injuring helpless women and children, the red men, by their good conduct and treatment to them, will (if it be possible) make the Americans blush for their more inhu- man conduct, lately, on the Escambia, and within a neu- tral territory. " Inhabitants of Kentucky, you have too long borne with grievous impositions — the whole brunt of the war has fallen on your brave sons : be imposed on no longer ; but either range yourselves under the standard of your forefathers, or observe a strict neutrahty. If you comply with either of these ofTers, whatever provisions you send down will be paid for in dollars, and the safety of the per- sons bringing them, as well as the free navigation of the Mississippi, guarantied to you. Men # Kentucky, let me call to your view, (and I trust to your abhorrence,) the conduct of those factions which hurried you into thf^ civil, unjust, and unnatural war, at a time when Great Britain ATTACK ON PENSACOLA. 97 was straining eveiy nerve, in defence of her own and the liberties of the world — when the bravest of her sons were fighting and bleeding in so sacred a cause — when she was spending millions of her treasure in endeavoring to pull down one of the most formidable and dangerous tyrants that ever disgraced the form of man — when groaning Eu- rope was almost in her last gasp — when Britons alone showed an undaunted front — basely did those assassins endeavor to stab her from the reai' ; she has turned on them, renovated from the bloody but successful struggle — Europe is happy and free, and she now hastens justly to avenge the unprovoked insult. Show them that you are not collectively unjust ; leave that contemptible few 0^ shift for themselves ; let those slaves of the tyrant send au embassy to Elba, and implore his aid ; but let every ho- nest, upright American, spurn them with united contempt. After the experience of twenty-one years, can you longer support those brawlers foi' Hberty who call it freedom when themselves are free ? Be no longer their dupes — accept of my offers — every thing I have promised in this paper I guaranty to you on the sacred honor of a British officer. "Given under my hand, at my head-quarters, Pensa- cola, this 29th day of August, 1814. Edward Nicholls." The mere fact of allowing this document to go forth to the world, unaccompanied as it was by any disavowal on the part of the Spanish governor, constituted a sufficient justification for the subsequent conduct of General Jack- son. Troops had been drilled, savages supphed with weapons, and munitions of war prepared, under the im- mediate observation of the Spanish authorities ; and, as if to leave no room for doubt, their implied consent, at least, , was given to the waiver of their rights of neutrality, by suffering a British commander, unrebuked, to estabhsh his "head-quarters" in their midst. The attack on Pensaco- la, by General Jackson, was afterwards made the subject of an investigation in Congress, and has frequently been re- ferred to, in other quarters, in terms of censure. His con- duct was approved by his government, and the facts cer- tainly present a complete justification. 5 9S LIFE OF JACKSON. While General Jackson was making preparation, for his contemplated attack on Pensacola, an assault was made by the British troops from that post, upon Fort Bowyer, which was situated on the Mobile river. On the 15th of Sep- tember, 1814, Colonel Nicholls attacked the fort by land, while several vessels, mounting altogether about ninety guns, approached by sea. The expedition ended in blow- ing up one of the English ships, greatly damaging another and sending off Colonel Nicholls with the loss of one of his ships, and, as it was said, one of his eyes. Major Lawrence commanded the American fort. His brave band consisted of only one hundred and thirty men ; while the force of the British was ninety guns by sea, and Nicholls assaulted the fort by land, with a twelve- pound howitzer, and several hundred marines, sailors, and savages. This affair vyas highly creditable to Major Lawrence and his men. The disparity of force was very great ; and this disgraceful beating at the outset must have had a considerable effect upon the enemy. Jackson was still more firmly resolved, after this attack, to break up the rendezvous at Pensacola ; and on the 6th of November, 1814, he marched against it, demolished all its defences and protections, drove out the British and the savages, and taught Nicholls and the Spanish governor, that there was still one country left which was not to be insulted with impunity by the satellites of despotism. MARCH TO NEW ORLEANS. V9 CHAPTER VII. 1814. Jackson marches to New Orleans — Preparations to defend the city — Surrounded by traitors and spies — Situation of the coun- try — Strength of the British expedition — Firmness of Jackson — The city placed under martial law — Vigorous measures rendered absolutely necessary — Landing of the British — Alarm in the city — Jackson determines to attack them — Disposition of his ibrces — Battle on the night of the twenty-third of December — Gallant con- duct of the American troops — Repulse of the British — The complete triumph of the Americans prevented by the darkness of the night — Adventure of Colonels Dyer and Gibson — The Americans fall back to a new position, and prepare to fortify it — Effect of the bat- tle. 1814. After administering this severe, but deserved rebuke, to the Spanish governor, General Jackson immediately repaired, with a small portion of his army, to the city of New Orleans, at that time the most vulnerable point on the southern frontier. He arrived there on the 1st day of December, 1814, and on the 4th it was rumored that a British fleet was approaching the coast. Two days after, the report was confirmed, ajpid it was positively known that Admiral Cochrane and Sir George Cockburn, who had been compelled to retreat down the Chesapeake after the burning of Washington city, had sailed for the Gulf of Mexico with the forces under their command. Jackson did not lose a single moment, but at once applied himself vigorously to the work of preparation. Previous to his arrival, the inhabitants had become desponding and in- different. The influence of a master-mind soon aroused every thing into activity. Confidence was speedily re- stored. Resources that none had ever dreamed of sprang up at his bidding. His genius and perseverance soon found means for the crisis, desperate as it appeared, while his determined energy and resolute will, manifested on all iOO LIFE OF JACKSON. occasions, in the midst of danger and alarm, excited the hopes of the timid, and infused new courage into the breasts of the wavering and faint-hearted. The city of New Orleans, at this time, contained a popu- lation of about 30,000 inhabitants, most of whom, as the territory of Louisiana had but recently been purchased, were of French and Spanish descent. As a very natural consequence, their attachment to their new government was any thing but ardent or sincere. Jackson had no only prejudices and jealousies to contend against, but treason lurked everywhere around him. Spies were con- stantly engaged in observing his motions, and the very men whose firesides he canae to protect from outrage and molestation, corresponded with the enemy at Pensacola. In addition to these difficulties, the American general was seriously embarrassed from the want of arms, ammuni- tion, and troops. The Tennessee militia under General Carroll, and the mounted riflemen, commanded by Ge- neral Coffee, arrived soon after Jackson reached the city. In order to conceal his real weakness from the enemy, these troops were encamped a few miles out of town, and. their number intentionally represented to be much larger than it really was. He did not wish his detachments to be counted ; and it was a part of his policy to exaggerate his force, to deceive the spies and impose upon the enemy. Besides this, the appearance and accoutrements of the western volunteers, though exactly suited to their mode of warfare, were not particularly calculated to inspire con- fidence or* courage in those who would have been more highly gratified at beholding all "the pride, pomp, and circumstance of glorious war." In distributing his forces, Jackson took especial care to place them in such a man- ner, that they could be readily assembled in a single mas upon New Orleans. The city itself was the point really menaced. It is situated around a bend of the Mississippi river, on tho eastern bank. It is generally approached by vessels, from the river, although small craft, such as schooners and sloops, navigate lakes Pontchartrain and Borgne. A nar- row strip of land, varying from a few hundred yards to SITUATION OF THE CITY. 101 two or three miles, borders the river, gradually tapering off into a swamp, as it recedes, until it reaches the lakes. This strip of land is covered with plantations, and is pro- tected from the inundations of the river by an embankment of earth, called the " levee," which extends far above the city, on both sides of the river. The expedition fitted out by the British against New Orleans was truly a formidable one. The fleet under Admiral Cochrane numbered more than eighty sail, pre- vious to the arrival of the reinforcements. On board the transports were eleven thousand " heroes of the Pe- ninsula," fresh from the blood-stained field of Vittoria,com- manded by four able and experienced generals ; two admirals, and twelve thousand seamen and marines, with fire-ships, rockets, ammunition, and artillery in abund- ance. This array of strength, which lost nothing of its terrors in the rumors circulated by the agents of the British government, was not by any means to be despised. Ge- neral Jackson foresaw the danger, and determined to avert it. He felt that it was one of those rare occasions which will sometimes occur, when it was absolutely necessary for the will of one man to guide and control every thing. The press itself had been, in part, suborned by the enemy, and the legislature was too much under British influence to listen to his wise suggestion in favor of the repeal of the Habeas Corpus Act. He accordingly resolved, with- out a moment's hesitation, to assume the power which cowardice dared not exercise. The city was placed under martial law, and in one instance, where a traitor whom he had imprisoned had been set at liberty by Judge Hall, he ordered the judge himself into confinement for interfering with his authority. The sequel conclusively showed that these vigorous measures were absolutely necessary for the safety and protection of the city, and a grateful country did not fail to appreciate the patriotic motives which prompted him in the exercise of this supreme power. The Enghsh armament, instead of coming up the river, entered the lakes which connect with the gulf, and on the 23d of December commenced landing their forces on the narrow strip of land bordering the river. They reached 102 LIFE OF JACKSON. this point by means of the Bayou Bienvenu and Villere*s canal, through which they passed in their boats. They were at this time ignorant of the extent of the preparations made by Jackson to receive them, and instead of marching directly upon the city, which would have been the safest course, their commander encamped where he had landed, on the plantations of two or three French settlers. When "^ackson received the inteUigence that the British had ef- ected a landing, he determined to attack them on the night of the 23d. Generals Coffee and Carroll wers ordered to proceed immediately from their encampment, and join him with all haste. Although four miles above, they arrived in the city in less than two hours after the order had been issued. These forces, with the seventh and forty-fourth regiments, the Louisiana troops, and Colonel Hinds' dragoons, from Mississippi, constituted the strength of his army, which could be brought into action against the enemy. It was thought advisable that General Carroll and his division should be disposed in the rear, for the reason that there was no correct information of the force landed through Vi Here's canal, and because Jackson feared that this probably might be merely a feint intended to divert his attention, while a much stronger and more numerous division, having already gained some point higher on the lake, might, by advancing in his absence, gain his rear, and succeed in their design. Being thus ignorant of their movements, it w^as essential that he should be prepared for the worst, and by diff'erent dispo- sitions of his troops be ready to offer an effectual resist- ance in whatever quarter he might be assailed. General Carroll, therefore, at the head of his division, and Governor Claiborne, with the state mihtia, were directed to take^ post on the Gentilly road, which leads from Chef Menteur another landing-place, to New Orleans, and to defend^it to the last extremity. With the remainder of his troops, about two thousand in number, Jackson hastened down the river, towards the point where it had been reported the British had effected a landing. Alarm pervaded the city. The marching and counter- marching of the troops, the proximity of the enemy, witli TWENTY-THIRD OF DECEMBER. 103 the approaching contest, and uncertainty of the issue, had excited a general apprehension. It was feared that the British might be already on their way, before the neces- sary arrangements could be made to oppose them. To prevent this, Colonel Hayne, with two companies of rifle- men, and the Mississippi dragoons, was sent forward to reconnoitre their camp, and learn their position and num- bers, and if they should be found advancing, to harass and oppose them at every step, until the main body should arrive. An inconsiderable circumstance at this moment evinced what unlimited confidence was reposed in Jackson's skill and bravery. As his troops were marching through the city, his ears were assailed with the screams and cries of innumerable females, who had collected on the way, and seemed to apprehend the worst of consequences. Feehng for their distresses, and anxious to quiet them, he directed Mr. Livingston, one of his aids-de-camp, to address them in the French language. " Say to them," said he, " not to be alarmed : the enemy shall never reach the city !" It operated like an electric shock. To know that he him- self was not apprehensive of a fatal result, inspired them with altered feelings ; sorrow was ended, and their grief converted into hope and confidence. The general arrived in view of the enemy a httle before dark. Having previously ascertained from Colonel Hayne, who had been sent in advance, their position, and that their strength was about two thousand, though it afterwards proved to be three thousand, he immediately concerted the mode of attack, and hastened to execute it. General Coffee, with his brigade, Colonel Hinds' dra- goons, and Captain Beal's company of riflemen, was di- rected to march to the left, keeping near the swamp, and, if possible, to turn the enemy's right, and drive them towards the river, where the CaroHne, a schooner of war commanded by Commodore Patterson, would drop down and open upon them. The firing of the vessel was the appointed signal for a simultaneous attack on all sides. The rest of the troops, consisting of the regulars, and Blanche's city vo- lunteers, Daq'iin's colored troops, and the artillery uwler %. 104 LIFE OF JACKSON. Lieutenant Spotts, supported by a company of marines commanded by Colonel McKee, advanced on the road along the bank of the Mississippi, and were commanded by Jackson in person. On approaching the enemy's position, their encampment was discovered, by the light of their camp-fires, to be formed with the left resting on the river, and extending into the open field. General Coffee had advanced, wit caution and silence, beyond their pickets, next the swamp and nearly reached the point to which he was ordered, when a broadside from the Caroline announced that the battle had begun. Patterson had proceeded slowl)^, giving time, as he beheved, for the execution of the arrangements contemplated on shore. So sanguine had the British been in the belief that they would be kindly received, and little opposition attempted, that the Caroline floated by the sen- tinels, and anchored before their camp, without the least molestation. On passing the front picket, she was hailed in a low tone of voice, but not returning an answer, no further question was made. This, added to some other attendant circumstances, confirmed the opinion that they believed her to be a vessel laden with provisions, which had been sent out from New Orleans, and was intended for them. Having reached what appeared, from their fires, to be the centre of their encampment, her anchors were cast, and her character and business disclosed by her guns. So unexpected an attack produced a momentary confusion ; but recovering from their surprise, the enemy answered the fire with a discharge of musketry and flight of Congreve rockets, which passed without injury, while the grape and cannister from her guns were pouring de- struction upon them. They then extinguished their fires, by the light of which the vessel had directed her guns with remarkable precision, and retired two or three hundred yards into the open field. They were still within range of the cannon, but the darkness of the night afforded them considerable protection. General Coffee, having dismounted his men, and turned his horses loose, at a large ditch in the rear of Laronde's plantation, had gained, as he thought, the centre of the TWENTY-THIRD OF DECEMBER. 105 enemy's line, when the signal from the Caroline reached him. He directly wheeled his column in, and forming his line parallel with the river, moved towards their camp. He had scarcely advanced more than a hundred yards, when he received a heavy fire from the enemy in his front ; this was an unexpected circumstance to him, be- cause he supposed them to be lying principally at a dis- tance, and that the only opposition he should meet, until he approached towards the levee, would be from their ad- vanced pickets. The circumstance of his coming in con- tact with them so soon, was owing to the severe attack of the schooner, which had compelled the enemy to abandon their camp, and form without the reach of her deadly fire. The moon was shining, but reflected her light too feebly to discover objects at a distance. The only means, there- fore, of producing any positive efl^ect, with the kind of force engaged, which consisted chiefly of riflemen, was not to venture at random, but to discharge their pieces only when there should be a certainty of hitting the ob- ject aimed at. This order being given, the line pressed on, and having gained a position near enough to distin- guish the enemy, a general fire was given; it was well directed, and too severe and destructive to be withstood ; the British gave way and retreated ; they raUied again, however, but were again attacked and forced to retire. The gallant yeomanry, led by their brave commander, pressed fearlessly on, and drove the invaders from every position they attempted to maintain. It was unnecessary for their general to encourage and allure them to deeds of valor : his own example was sufficient to excite them. Always in their midst, he was cool and collected. Un- mindful of danger, he continued to remind his troops that *hey had often said they could fight, and now Avas the ime to prove it. The British, driven back by the resolute firmness and intrepidity of their assailants, reached a grove of orange trees, with a ditch running past it, protected by a fence on the margin, where they were halted and formed for battle. It w^as a favorable position, promising entire security, and it was occupied with a confidence that they could not be 106 LIFE OF JACKSON. forced to yield it. Coffee's brave troops, strengthened in their hopes of success, moved on, nor discovered the ad- vantages against them, until a fire from the entire British hne showed their position and defence. A sudden check was given ; but it was only momentary, forgathering fresh ardor, they charged across the ditch, gave a deadly and destructive fire, and compelled the enemy to retire. The retreat continued, until gaining a similar position, the British made another stand, and were again driven from it w^ith considerable loss. Thus the battle was carried on, upon the left wing, until the British reached the bank of the river ; here a deter- mined stand was made, and further encroachments resisted : for half an hour the conflict was extremely violent on both sides. The American troops could not be driven from their purpose, nor the British made to yield their ground ; but at length, having suffered greatly, the latter were un- der the necessity of taking refuge behind the levee, which afforded a breastwork, and protected them from the fatal fire of our riflemen. General Coffee, though unacquainted with their position, for the darkness had greatly increased, contemplated another charge ; but one of his officers, who had discovered the advantage their situation gave them, assured him it was too hazardous ; that they could be driven no farther, and would, from the point they occu- pied, resist with the bayonet, and repel, with considerable loss, any attempt that might be made to dislodge them. The place of their retirement was covered in front by a strong bank, which had been extended into the field, to keep out the river, in consequence of the first bank hav- ing been encroached upon and undermined in several places : the latter, however, was still entire in many parts, and, interposing between them and the Mississippi, it afforded security from the broadsides of the schooner which lay off at some distance. A further apprehension, lest, by moving still nearer to the river, he might greatly expose himself to the fire of the Caroline, which was yet spiritedly maintaining the conflict, induced Coflee to re- tire until he could hear from the commanding general, and receive his further orders. TWENTY-THIRD OF DECEMBER. 107 During this time, tiie right wing, under Jackson, had been no less prompt and active. The advance, consisting of a detachment of artillery under Lieutenant Spotts, supported by sixty marines, moved down the road next the levee. On their left was the seventh regiment of in- fantry, led by Major Piere. The forty-fourth, commanded by Major Baker, was formed on the extreme left ; while Planche's and Daquin's battalions of city guards were di- rected to be posted in the centre, between the seventh and forty-fourth. The general had ordered Colonel Ross, (who acted in the capacity of brigadier-general,) on hearing the signal from the Caroline, to move off by heads of com- panies, and, on reaching the enemy's line, to deploy, and unite the left wing of his command with the right of Ge- neral Coffee's. This order was omitted to be executed ; and the consequence was, an early introduction of con- fusion in the ranks, which prevented the important design of uniting the two divisions. Instead of moving in column from the first position, the troops, with the exception of the seventh regiment; next the person of the general, which advanced agreeably to the instructions that had been given, were formed and marched in extended hne. Having sufficient ground to form on at first, no inconvenience was at the moment sus- tained ; but this advantage presently failing, the centre became compressed, and was forced in the rear. The river gradually incHned to the left from the place where they were formed, and diminished the space originally pos- sessed. Farther in, stood Laronde's house, surrounded by a grove of clustered orange-trees : this pressing the left, and the river the right wing, to the centre, formed a curve, which presently threw the principal part of Planche's and Daquin's battalions without the line. This inconvenience might have been remedied, but for the briskness of the advance, and the darkness of the night. A heavy fire from behind a fence, immediately before them, brought the enemy to view. Acting in obedience to their orders, not to waste their anununition at random, our troops pressed forward against the opposition in their front, and thereby threw those battalions in the rear. 108 LIFE OF JACKSON. A fog rising from the river, and mingling with the smoke from the guns, covered the plain, and gradually diminished the little light shed by the moon, at the same time greatly increasing the darkness of the night: no clue was left, therefore, to ascertain how or where the enemy were situated. There was no alternative but to move on in the direction of their fire, v/hich subjected the assail- ants to material disadvantages. The British, driven from their first position, had retired and occupied another, be- hind a dee.p ditch that ran out of the Mississippi towards the swamp, on the margin of which was a wood-railed fence. Here, strengthened by increased numbers, they again opposed the advance of our troops. Having waited until they had approached sufficiently near their fastnesses to be discovered, they discharged a fire upon the advancing army. Instantly the American battery was formed, and began to play briskly upon them ; while the infantry, press- ing forward, aided in the conflict, which at this point was for some time spiritedly maintained. At this moment a brisk 'sally was made upon our advance, when the marines, unequal to the assault, were already giving way. The adjutant-general, and Colonels Piatt and Chotard, hasten- ing to their support, with a part of the seventh, drove the enemy, and saved the artillery from capture. General Jackson, perceiving the decided advantages which were derived from the position they occupied, ordered their line to be charged. It was obeyed with cheerfulness, and executed with promptness. Pressing on, our troops gained the ditch, and pouring across it a well-aimed fire, compelled them, to retreat, and to abandon their intrench ment. The plain on ¥/hich they were contending was cut to pieces by races from the river, to convey the water to the swamp. The enemy were therefore very soon en- abled to occupy another position, equally favourable with the one whence they had been just driven, where they formed for battle, and for some time gallantly maintained themselves ; but they v»rere at length, after a stubborn re- sistance, forced to yield their ground. The enemy discovering the firm and obstinate advance *nade by the right wing of the American army, and pre- TWENTY-THIRD OF DECEMBER. 109 suming, perhaps, that its principal strength was posted on the road, formed the intention of attacking the left. Ob- hquing for this purpose, an attempt was made to turn it. At this moment, Daquin's battalion and the city guards, being marched up and formed on the left of the forty- fourth regiment, met and repulsed them. The nature of the contest prevented securing those benefits which might have been derived from the artil- lery. The darkness of the night was such, that the blaze of the enemy's musketry was the only hght afforded by which to determine their position, or be capable of taking that of the Americans to advantage ; yet, notwithstanding, it greath'' annoyed them, whenever it could be brought to bear. Directed by Lieutenant Spotts, a vigilant and skilful officer, with men to aid him who looked to nothing but a zealous discharge of their duty, the most essential and important services were rendered. The enemy had been thrice assailed and beaten, and compelled to retreat for nearly a mile. They had now retired, and if found, were to be sought for amid the dark- ness of the night. The general, therefore, determined to halt, and ascertain Coffee's position and success, before proceeding farther, for as yet no communication had passed between them. He entertained no doubt, from the brisk firing in that direction, that he had been warmly engaged ; but this had now nearly subsided : the Caro- line, too, had almost ceased her operations ; it being only occasionally that the noise of her guns disclosed the little opportunity she possessed of acting efficiently. The express despatched to General Jackson from the left wing, having reached him, he determined not to pro- secute the successes he had gamed. The darkness of the Bight, the confusion into which his own division had been hrown, and a similar disaster produced in Coffee's ranks, all pointed to the necessity of retiring from the field, and abandoning the contest for the time. The bravery and firmness already displayed by his troops, had impressed him with the belief, that by pushing forward he might capture the whole British army: at any rate, he con- sidered it but a game of venture and hazard, which, if 110 LIFE OF JACKSON. unsuccessful, could not occasion his own defeat. If in- competent to its execution, and superior numbers or su- perior discipline should compel him to retire in his turn, he well knew that the enemy would not have temerity- enough to attempt pursuit,, on account of the extreme darkness, and their ignorance of the situation of the coun- try. But on the arrival of the express from General Cof- fee, and having been informed of the strength of th position to which the enemy had retired, and that a par of the left wing had been detached, and were in all pro- babihty captured, he determined to retire from the field. General Coffee was accordingly directed to withdraw, and take up his position at Laronde's plantation, where the line had been first formed ; the troops on the right were also ordered to the same points The last charge made by the left wing had separated Colonel Dyer from the main body, with two hundred men, and Captain Beal's company of riflemen. What might be their fate, whether they were captured or had effected their retreat, was, at this time, altogether uncertain. Colonel Dyer, who commanded the extreme left, on clearing the grove, after the enemy had retired, was marching in the direction in which he expected to find General Coffee ; he very soon discovered a force in front, and haking his men, hastened towards it ; arriving within a short distance, he was hailed, ordered to stop, and report to whom he belonged : Dyer, and Gibson, his Heutenant- colonel, who had accompanied him, advanced and stated that they were of Coffee's brigade ; by this time, they had nearly reached the line, and perceiving that the name of the brigade they had stated was not understood, their ap- prehensions were awakened, lest it might be a detachment of the enemy ; in this opinion they were immediately con- firmed, and having wheeled about to return, they were fired on and pursued. Gibson had scarcely started, when he fell ; before he could recover, a soldier, quicker than the rest, had reached him, and pinned hirn to the ground with his bayonet ; fortunately he was bat slightly wound- ed and only held by his clothes ; thus pinioned, and per- ceiving others to be briskly advancing, but a moment was ADVENTURE OF COLONEL DYER. Ill left for deliberation ; making a violent exertion, and spring- ing to his feet, he threw his assailant to the ground, and made good his escape. Colonel Dyer had retreated about fifty yards, when his horse dropped dead* Being en- tangled in the fall, and receiving a wound in the thigh, there was little prospect of relief, for the enemy were briskly advancing. He therefore ordered his men, who were close at hand, to advance and fire, which checked the approach of the enemy, and enabled him to escape. Having thus discovered an enemy in a direction he had not expected, and uncertain bow or where he might find General Coffee, he determined to seek him to the right, and moving on with his little band, forced his way through the enemy's lines, with the loss of sixty-three of his men, who were killed and taken. Captain Beal, with equal bravery, charged through their ranks, carrying off some prisoners, and losing several of his own company. This body of the enemy proved to be a reinforcement which had arrived from Bayou Bienvenu after night. The boats that landed the first detachment had proceeded back to the shipping, and having returned, were on their way up the Bayou, when they heard the guns of tho Caroline : moving hastily on to the assistance of those who had debarked before them, ihey reached the shore, and knowing nothing of the situation of the two armios, durinor the eno^agement, advanced in the rear of General Coffee's brigade. Coming in contact with Colonel Dyer and Captain Beal, they filed off to the left, and reached the British lines. This detached part of Coffee's brigade, unable to unite with or find him, retired to the place where they had first formed, and joined Colonel Hinds' dragoons, who had re- mained on the ground that they might cover the retreat of the troops if it became necessary. Jackson went into this battle confident of success ; and his arrangements were such as would have insured it even to a much greater extent, but for the intervention of circum- stances that were not and could not have been foreseen. The Caroline gave her signals, and commenced the battle a httle too early, before Coffee had reached and taken his 112 LIFE OF JACKSON. position, and before every thing was fully in readiness to attain the objects desired ; but it was chiefly owing to the confusion in the ranks at first which checked the rapidity of Jackson's *advance, gave the enemy time for prepara- tion, and prevented his division from uniting with the right wing of General Coffee's brigade. Colonel Hinds, and his dragoons, were not brought into action during the night. Interspersed as the plain was with innumerable ditches, diverging indifferent directions it was impossible that cavalry could act to any kind of ad- vantage. After the battle was over, they were formed in advance to watch the movements of the enemy until morning. From the experiment just made, Jackson behoved it would be in his power to capture the British army ; he concluded, therefore, to order General Carroll, with his division, down to his assistance, and to attack them again at the dawn of day. Directing Governor Claiborne to remain at his post, with the Louisiana militia, for the defence of the Gentilly road, an important pass to the city, he despatched an express to Carroll, stating to him, that if there had been no appearance of a force during the night, in the direction of Chef Menteur, to hasten and join him with the troops under his command ; this order was executed by one o'clock in the morning. Previous- ly, however, to his arrival, a difierent determination was made. It was ascertained from prisoners who had been brought in, and through deserters, that the strength of the enemy during the battle was four thousand, and, with the reinforcements which had reached them after its com- mencement, and during the action, their force could not be less than six ; at any rate, it would greatly exceed that of the Americans, even with the addition of the Tennessee division. Akhough very decided advantages had been obtained, yet they had been procured under circumstances that might be wholly lost in a contest waged in open day, between forces so disproportionate, and by undisciphned troops against veteran soldiers. Jackson well knew it was incumbent upon him to act a part entirely defensive : should the attempt to gain and destroy the city succeed, EFFUCT OF THE BATTLE. 113 numerous difficulties would present themselves, which might be avoided so long as he could hold the enemy in check, and foil their designs. Being firmly persuaded that it was important to pursue a course calculated to insure safety, and believing it at- tainable in no way so effectually, as in occupying some point, and by the strength he might give it, compensate for the inferiority of his numbers and their want of dis- cipline, Jackson determined to make no further offen- sive efforts until he could more certainly discover the views of the enemy, and until the Kentucky troops, which had not yet arrived, should reach him. In pursuance of this idea, after having ordered Colonel Hinds to occupy the ground he was then abandoning, and to observe the enemy closely, he fell back in the morning, and formed his line behind a deep ditch that extended to the swamp, at right angles from the river. There were two circum- stances strongl}'' recommending the importance of this place : — the swamp, which, from the highlands at Baton Rouge, skirted the river at irregular distances, and in. many places was almost impervious, at this pomt, ap- proached within four hundred yards of the Mississippi, and hence, from the narrowness of the pass, was more easily to be defended ; in addition to this, there was a 'deep canal, the dirt from which having been thrown on the upper side, already formed a tolerabie work of defence. Behind this his troops were formed, and proper measures adopted for increasing the strength of the position, with the determination never to abandon it. The soldier who is familiar with the scenes of the battle- field, and understands what slight circumstances frequent- ly counteract the operations of a whole campaign, and produce the most decided advantages, where a different issue might not unreasonably have been expected, will be able properly to appreciate the effect of the attack made by General Jackson on the advance of the enemy, upon the night of the 23d of December. Although the dread- ful carnage of the 8th of January was, in point of fact, the finishing blow that struck down the towering hopes of the invaders, and put an end to the contest, yet in 114 LITE OF JACKSON. the previous engagement there was much to excite their fears and apprehensions. They had reached the Mis- sissippi without the fire of a gun, and encamped upon its banks as composedly as if they had been seated on their own soil, and at a distance from all danger. These were circumstances which impressed them with the belief that they need expect but little opposition ; that success was certain ; and that the troops with whom they were to con- tend would scarcel}^ venture to resist them. So confident were they in their expectations, that they intended to move forward the next day, and attack the city. But Jackson well knew how essential an early impression was to ultimate success, and resolved to assail them at the mo- ment of their landing, and " attack them in their first position." With a force inferior by one-half to that of the enemy, at an unexpected moment he had broken into their camp, and with his undisciphned yeomanry driven before him the pride of England and the conquerors of Europe. It was an event that could not fail to destroy all previous theories, and estabhsh a conclusion which the British had not before formed, that they were contending against valor inferior to none they had seen, and before which their own bravery and skill availed nothing. It had the effect of satisfying them, that the quantity and kind of troops it was in our power to bring into action, were very different from an^ thing that had been represented to them; for much as they had heard of the courage of the man with whom they were contending, they could not ' suppose that a general, having a country to defend, and a reputation to preserve, would venture to attack a force greatly superior to his own, on ground they had chosen, and one too, which, by the numerous victories it had achieved, had already acquired the highest distinction. All these circumstances tended to convince them that his force must far surpass their expectations, and be com- posed of materials very, different from what they had ima- gined. The American troops which were actually engaged in the action, did not amount to two thousand men, as ap- pears by the following statement : DEATH OF COLONEL LAUDERDALE. 115 Part of Coffee's brigade and Captain Deal's company, amounting- to ----- - 648 The 7th and 44th regimegpts, - - - . 763 Company of marines and artillery, - - - 82 Planche's and Daquin's battalions, - - - 488 Total 1981 This small body of men, for more than an hour, main- ained a severe conflict with a force of four or five thou- sand, and retired in safety from the field, with the loss of but twenty-four killed, and one hundred and fifteen wounded, and seventy-four made prisoners ; while the killed, wounded, and prisoners of the enemy, were not less than four hundred. The officers and soldiers under Jackson executed every order with promptitude, and nobly sustained the honour of their country. Lieutenant-Colo- nel Lauderdale, of Coffee's brigade, an officer of great pro- mise, and on whom every reliance was placed, fell man- fully fighting at his post. He entered the service, and descended the river with the volunteers under General Jackson, in the winter of 1812; passed through al] the hardships and difficulties of the Creek war; and ever manifested a commendable alacrity in the discharge of his duty. Young, brave, and skilful, he had already afforded evidences of a capacity which promised to be exceedingly useful in the career he had embraced. His exemplary conduct, both in civil and military life, had acquired for him a respect that rendered his death a subject of general regret. Lieutenant McLelland, a valuable young officer of the 7th, was also among the slain. General Coffee's bri- gade imitated the example of their commander during the action, and bravely and ably supported the character they had previously estabhshed. The unequal contest in which they were engaged never occurred to their minds, nor checked, for a moment, the rapidity of their advance. Had the British known that they were merely riflemen, and without bayonets, a firm stand would have arrested their progress, and destruction or capture would have been the inevitable consequence ; but this circumstance being unknown, every charge they made was crowned with 116 LIFE OF JACKSON. success, producing discomfiture in the opposing ranks, and routing and driving superior numbers before them. Officers, from the highest to the inferior grades, were ahke prompt and efficient. Ensign Leach, of the 7th regiment, being wounded through the body, still remained at his post, in the performance of his duty. Colonel Kemper, amid the confusion introduced on the left wing, found himself at the head of a handful of men, detached from the main body, and in the midst of a party of the enemy : never did any man better exemplify the truth of the as- sertion, that discretion is sometimes the better part of valor; to attempt resistance was idle, and could only end in certain destruction. Calhng to a group of soldiers who were near him, in a positive tone, he demanded of them where their regiment was. Being themselves at fault, they were un- able to answer ; but supposing him to be one of their officers, they obeyed his orders, and followed him to his own line, where they were made prisoners. The 7th regiment, commanded by Major Piere, and the 44th, under Major Baker, aided by Major Butler, gallant- ly maintained the conflict; forced the enemy from every position they attempted to occupy; and drove them some distance from the first point of attack. Confiding in them- selves, and in their general, who was constantly with them, exposed to danger and in the midst of the fight, inspiring them by his ardor and encouraging them by his example, the American soldiers bravely advanced to the conflict, nor evinced a disposition to retire, until the prudence of their commander dictated the necessary order. THE AMERICANS FORTIFY THEIR POSITION. 1 17 CHAPTER VIII! J814. The Americans fortify their position — Jackson's peremptory orders to Major Lacoste — Defence of the Pass Barrataria — Cap- tain Lafitte — Attack made by the British on the 28th of December — Defensive preparations hastened — Death of Colonel Henderson — Disaffection in New Orleans — Information communicated to the British fleet — Stratagem of Mr. Shields — Conduct of the Louisiana legislature — Patriotic reply of Jackson to the committee — Attempt to supply his troops with arms — Gallantry of Colonel Hinds — Can- nonade on the 1st of January— Position of the American army- Jackson's orders to the Frenchman to defend his property — De- fences on the right bank of the river — Caution of Jackson in con- cealing the number of his troops. 1815. The distinguishing traits in the character of General Jackson, as a mihtary commander, were clear-headed sa- gacity, promptness of decision, and rapidity of execution. He had no sooner resolved on the course which he thought necessary to be pursued, than he hastened with all possible dispatch, to secure its completion. After the engagement with the British on the night of the 23d of December, it was evident to his mind that it would be exceedingly un- wise to risk an encounter with the enemy, in an open field, at the head of an inferior, undisciplined, and un- armed force. He conceived, therefore, that a defensive poHcy was the most judicious, and that by prudence and caution he would be able to preserve what might be en- dangered by any offensive movement. Hence, he de- termined to fortify himself as effectually as the peril and exigencies of the moment would permit. When to expect an attack, he could not tell ; preparation and readiness to meet it, were for him to determine upon ; all else was for the enemy. He proceeded promptly with his system of defence, and such was his thoughtfulness and anxiety, that, until the night of the 27th, when his lines were com- 118 LIFE OF JACKSON. pleted, he never slept, or closed his eyes for a moment. Resting his hopes of safety and security to the city, on his ability to check the advance of the enemy, he was everywhere present, encouraging his troops, and hasten- ing a completion of the work. The concern and excite- ment produced by the important object before him, were so great, that for five days and four nights he was con- stantly employed. •His line of defence, the celebrated cotton embankment, being completed on the night of the 27th, for the first time since the arrival of the enemy, he sought that rest and repose he so much needed. The violence of the attack made on the night of the 23d of December, naturally excited the fears of the British troops, and it was considered important to keep their ap- prehensions alive, with a view to destroy the overween- ing confidence with which they had arrived on our shores, and to compel them to act for a time upon the defensive. To effect this, General Coffee, with his brigade, was ordered down on the morning of the 24th, to unite with Colonel Hinds, and make a show in the rear of Lacoste's plantation. The enemy being not yet recovered from the panic produced by the assault of the preceding evening, believed it was in contemplation to urge another attack, and immediately formed themselves to repel it ; but Coffee, having succeeded in recovering some of his horses, which were wandering along the margin of the swamp, and in regaining part of the clothing that his troops had lost the night before, returned to the hne, leaving them to con- jecture the object of his movement. The scanty supply of clothes and blankets that re- mained to the soldiers, from their long and exposed marches, had been left where they dismounted to meet the enemy. Their numbers were too hmited, and the strength of their opponents too well ascertained, for any part of their forces to remain and take care of what was left behind ; it was so essential to hasten on and reach their destination, that they might be ready to act when the signal was given from the Caroline, that no time was afforded them to secure their horses, which were turned loose, and their recovery trusted entirely to chance. Al CONDITION OF THE AMERICAN TROOPS. 119 though many were regained, many were lost ; while most of the men remained with but a single suit, to encounter in the open field, and in swamps covered with water, the hardships of a camp, and the severity of winter. It is a circumstance which entitles them to much credit, that under privations so severely oppressive, complaints or murmurs were never heard. This state of things fortu- ately was not of long continuance. The story of their ufferings and misfortunes was no sooner known, than the legislature appropriated a sum of money for their relief, which was greatly increased by subscriptions in the city and neighborhood. Materials having been purchased, the ladies, with that Christian charity and warmth of heart characteristic of their sex, at once exerted themselves in supplying their wants ; all their industry was called into action, and in a Httle time the suffering soldiers were re- lieved. Such generous conduct, in extending assistance, at a moment when it was so much needed, while it con- ferred on those females the highest honor, could not fail to nerve the arm of the brave soldier with new zeal for the defence of his fair benefactors. This distinguished mark of their patriotism and benevolence is still remembered ; and often, as these valiant men are heard to recount the dangers they have passed, and with peculiar pride to dwell on the mingled honors and hardships of the cam- paign, they breathe a sentiment of gratitude for those who conferred upon them such distinguished marks of their kindness, and who by their timely interference alleviated their misfortunes and their sufferings. In order to prevent the advance of the enemy, and keep up a show of resistance, detachments of light troops were occasionally kept in front of their line, assailing and ha- rassing their advanced posts, whenever an opportunity was offered for acting to advantage. Every moment that could be gained, and every delay that could hinder or retard the enemy's attempts to reach the city, was of the utmost importance. The works were rapidly progressing, and hourly increasing in strength. The militia of the siate were every day arriving, and every day the prospect of successful opposition became brighter and more auspicious. 6 120 LIFE OF JACKSON. The enemy still remained at their first encampment ; but that every thing might be in readiness to repel an assault, when attempted, the most active preparations were made in the American camp. The canal covering the front of the line was deepened and widened, and a strong mud wall formed of the earth that had been originally thrown out. To prevent any approach until his system of defence should be in a state of greater forwardness, Jackson ordered the levee to be cut about a hundred yards below the point he had occupied. The river being very high, a broad stream of water passed rapidly through the plain, and covered it to the depth of thirty or forty inches, which prevented the march of troops on foot. Embra- sures were formed, and two pieces of artillery, under the command of Lieutenant Spotts, were placed in a position to rake the road leading up the levee, early on the morn- ing of the 24th of December. General Jackson was under the constant apprehension lest, in spite of his exertions below, the city might be reached and destroyed through some other route. His fears were increased on the 24th, by a report that a strong force had arrived ; debarked at the head of Lake Borgne; and compelled an abandonment of the defence at Chef Menteur. This, however, proved to be unfounded : the enemy had not appeared in that direction, nor had the officer to whom the command of this important fort was intrusted, forgotten his duty or forsaken his post. Acting upon the statement that Major Lacoste had retired from the fort, and fallen back on Bayou St. John, and incensed that orders, which, from their importance, should have been faithfully executed, had been thus lightly regarded, Jackson hastened to inform him what he had understood, and to forbid his leaving his position. "The battery I have placed under your command," said the general, " must be defended at all hazards. In you, and the valor of your troops, I repose every confidence — let me not be deceived. With us every thing goes on well ; the enemy has not yet advanced. Our troops have covered them- selves with glory : it is a noble example, and worthy to be followed by ail. Maintain your post, nor ever think ORDERS TO' MAJOR LACOSTE. 121 of retreating." To give additional strength to a place deemed so important, and to inspire confidence and insure safety, Colonel Dyer, with two hundred men, was ordered there, to assist in its defence, and act as videttes, in ad- vance of the occupied points. General Morgan, who commanded the fort on the east bank of the river, was instructed to proceed as near the enemy's camp as prudence and safety would permit, and by destroying the levee, to let in the waters of the Missis- sippi between them. The execution of this order, and a similar one previously made below the line of defence, entirely insulated the enemy, and prevented his march against either place. On the 26th, the commanding ge- neral, fearing for the situation of Morgan, who, as the British occupied the intermediate ground, was entirely detached from his camp, directed him to abandon the post, carry off such of the cannon as might be wanted, and throw the remainder into the river, where they could be again recovered when the waters receded ; and after doing this, to retire across the river, and assume a position on the right bank, nearly opposite to his line, and fortify it. This movement was rendered necessary by the relative disposition of the two armies. From the intelligence obtained through deserters and prisoners, it was evident that the British fleet would make an eflbrt to ascend the river, and co-operate with the troops already landed. Lest this, or a diversion in a different quarter, might be attempted, exertions were made to ofl?er resistance at all points, and to interpose such defences on the Mississippi as might secure protection. The forts on the river, being well supported with brave men and heavy pieces of artillery, might, it was thought, have the effect to deter their shipping from venturing in that direction, and dispose them to seek some safer route, if any could be discovered. Pass Barrataria was best calculated for this purpose, and it was expected that the effort would, in all probability, be made in that quarter. The difficulty of ascending the Mississippi, from the rapiditf of the cur- rent, its winding course, and the ample protection already given at forts St. Philip and Bourbon, were circumstances 122 LIFE OF JACKSON. to which the British were not strangers : nor was it to be expected that, with a knowledge of them, they would venture the success of an enterprise on which so much depended. It was a more rational conjecture that they would seek a passage through Earrataria, proceed up on the right bank of the river, and gain a position from which, by co-operating with the forces on the east side, they might drive the Americans from the line they had formed, and succeed in the accomplishment of their designs. Major Reynolds was accordingly ordered thither, with instruc- tions to place the bayous emptying through this pass in the best possible state of defence — to occupy and strength- en the island — to mount sufficient ordnance, and draw a chain within cannon-shot across the channel. Lafitte, who had previously been promised a pardon for the out- rages committed against the laws of the United States, and who had already shown a lively zeal on behalf of his adopted countrj^, was also despatched with Reynolds. He was selected, because no doubt was entertained of his lidehty, and because his knowledge of the topography and precise situation of this section of the state was remark- ably correct : it was the point where he had constantly rendezvoused, while cruising against the merchant vessels of Spain, under a commission obtained at Carthagena, and where he had become perfectly acquainted with every inlet and entrance to the gulf, through which a passage could be effected. With these arrangements, all being anxiously ahve to the interests of the country, and disposed to protect it, there was little room to apprehend or fear disaster. To use the general's own expression on another occasion : " the surest defence, and one which seldom failed of success, was a rampart of high-minded and brave men." That there were some of this description with him, on whom he could safely rely in moments of extreme peril, he well knew ; but that there were many strangers to him and to danger, who had never been called to act in situations where the horrors of the field of battle appal and unnerve even the most resolute, was equally certain ; whether they would support the cause in which they had em- MOVEMENTS OF THE BRITISH. I's!3 barked, with manly firmness, and realize his anxious wishes on the subject, could be known only in the hour of conflict and trial. As yet, the enemy were not informed of the position of Jackson. What was his situation — what was intended — whether ofTensive or defensive operations would be pur- sued, were matters in regard to which they possessed no correct knowledge, nor could it be obtained ; still their exertions were unremitting to have all things prepared, and in readiness to urge their designs, whenever the mo- ment for action should arrive. They had been constantly engaged since their landing, in procuring from their ship- ping every thing necessary to ulterior operations. A com- plete command on the lakes, and possession of a point on the margin, presented an uninterrupted ingress and egress, and afforded the opportunity of conveying whatever was w^anted, in perfect safety, to their camp. The height of the Mississippi, and the discharge of water through the openings made in the levee, had given an increased depth to the canal, from which they had first debarked ; they were enabled to advance their boats much farther in the direction of their encampment, and to bring up, with greater convenience, their artillery, bombs, and munitions. They were thus engaged during the first three days after their arrival, and early on the morning of the 27th a bat- tery was discovered on the bank of the river, which had been erected during the preceding night, and on which were mounted several pieces of heavy ordnance ; from this position a fire was opened on the Caroline schooner, lying under the opposite shore. After the battle of the 23d, in which this vessel ren- dered such effectual assistance, she passed to the opposite side of the river, where she had since lain. Her services were too highly appreciated not to be again desired, should the enemy endeavor to advance. Her present situation was considered an unsafe one, but several vain attempts had been made to advance her higher up the stream. No favorable breeze had yet arisen to aid her in stemming the current ; and towing, and other remedies, had been already resorted to, bat without success. Her safety might 134 LIFE OF JACKSON. have been ensured by floating her down the river, and placing her under cover of the guns of the fort ; but it was preferred, as a matter of policy, to risk her where she was. Commodore Patterson left her on the 26th, by the order of the commanding general, when Captain Henly made a further but ineffectual effort to force her up the current, near to the Hne, for the double purpose of its de- fence and for her own safety. This attempt being discovered at daylight on the morn- ing of the 27th, a battery, mounting five guns, opened upon her, discharging bombs and red-hot shot ; it was spiritedly answered, but without affecting the battery ; there being but a long twelve-pounder that was of service. The second fire lodged a hot shot in the hold, directly under her cables, whence it could not be removed, and where it immediately communicated fire to the schooner. The shot from the battery were constantly taking effect, firing her in different places, and otherwise producing material injury ; while the blaze, already kindled under her cables, was rapidly extending its ravages. A well- grounded apprehension of her commander, that she could be no longer defended, — the flames bursting forth in dif- ferent parts, and fast increasing — induced a fear lest the magazine should be soon reached, and every thing de- stroyed. One of his crew being killed, and six wounded, and not a glimmering of hope entertained*that she could be preserved, orders were given to abandon her. The crew reached the shore in safet}^, and in a short time after- wards she blew up. Although thus unexpectedly deprived of so material a dependence for successful defence, an opportunity was soon presented of using her brave crew to advantage. Gathering confidence from what had just been effected, the enemy left their encampment, and moved in the direc- tion of the American line. Their numbers had been in- creased, and Major-General Sir Edward Packenham now commanded in person. Early on the 28th, his columns com- menced their advance to storm the works. At the distance of half a mile, their heavy artillery opened, and quantities of bombs, balls, and Congreve rockets were discharged. It ATTACK ON THE TWENTY-EIGHTH. 125 was a scene of terror and alarm, which they had probably- calculated would excite a panic in the minds of the raw troops of our army, and compel them to surrender at dis- cretion, or abandon their strong-hold. But our soldiers had afforded abundant proof, that, whether disciplined or not, they well knew how to defend the honor and interests of their country ; and had sufficient valor not to be alarmed at the reality — still less at the semblance of danger. Far from exciting their apprehensions, and driving them from their ground, their firmness remained unchanged ; and they still manifested a determination not to tarnish a re- putation they had hardly earned, and which had become too dear, from the difficulties and dangers they had passed to acquire it, to be tamely surrendered. The Congreve rockets, though an instrument of destruction to which the American troops had been hitherto strangers, excited no other feehng than that which novelty inspires. At the moment, therefore, that the British, in different co- lumns, w^ere moving up, in all the pomp and parade of battle, preceded by the insignia of terror more than dan- ger, and expecting to behold their "Yankee foes" retire and flee before them, the batteries opened, and checked their advance. In addition to the two pieces of cannon mounted on the works on the 24th, three others, of heavy calibre, obtained from the navy department, had been formed along the line ; these opening on the enemy, checked their progress, and disclosed to them the hazard of their project. Lieutenants Crawley and Norris volunteered, and with the crew of the Caroline rendered important services, and maintained at the guns they commanded that firmness and decision for which, on previous occasions, they had been so highly distinguished. They had been selected by the general because of their superior knowledge in gunnery ; and on this occasion gave a further evidence of their skill and judgment, and of a disposition to act in any situation where they could be serviceable. The line, which, from the labors bestowed on it, was daily strengthening, was not yet in a situation to offer effectual resistance ; this de- 126 LIFE OF JACKSOX. iiciency, however, was remedied by the brave men who were formed in its rear. The greatest injury was effected from the river. Lieu- tenant Thompson, who commanded the Louisiana sloop, which lay nearly opposite the line of defence, no sooner discovered the columns approaching, than, warping her around, he brought her starboard guns to bear, and pro- duced such an effect as forced them to retreat ; but from their heavy artillery, the enemy maintained the conflict with great spirit, constantly discharging their bombs and rockets for seven hours, when, unable to make a breach, or silence the fire from the sloop, they abandoned a contest where few advantages seemed to be presented. The crew of this vessel was composed of new recruits, and of discordant materials — of soldiers, citizens, and seamen ; yet, by the activity of their commander, they were so well perfected in their duty, that they already managed their guns with the greatest precision and certainty of effect ; and by three o'clock in the evening, with the aid of the land batteries, had completely silenced and driven back the enemy. Emboldened by the effect produced the day before, on the Caroline, the furnaces of the enemy were put in operation, and numbers of hot shot thrown from a heavy piece which was placed behind and pro- tecte.d by the levee. An attempt was now made to carry it off, when their former protection being taken away, those in the direction of it were fairly exposed to the Ame- rican fire, and suffered greatly. In their endeavors to re- move it, "I saw," says Commodore Patterson, "distinct- ly, with the aid of a glass, several balls strike in the midst of the men who were employed in dragging it away." In this engagement little or no injury was received. The Louisiana sloop, against which the most violent exertions were made, had but a single man wounded, by the fragments of a shell which burst over her deck. Her entire loss did not exceed nine killed, and eight or ten wounded. The enemy being more exposed, acting in the open field, and in range of her guns, suffered, from information after- wards procured, considerable injury ; at least one hundred and twenty were killed and wounded. DEATH OF COLONEL HENDERSON. 127 Amon^ the Americans killed was Colonel James Hen- derson, of the Tennessee militia. An advance party of the British had taken post, during the action, behind a fence that ran obliquely to, and not very remote from our hne. Hen- derson, with a detachment of two hundred men, was sent out by General Carroll to drive them from a position whence they were effecting some injury, and greatly annoying his troops. Had he advanced in the manner directed, he would have been less exposed, and enabled more effec- tually to have secured the object intended : but misunder- standing the order, he proceeded in a different route, and tell a victim to his error. Instead of marching in the di- rection of the wood, and turning the enemy, which might have cut off their retreat, he proceeded in front, towards the river, leaving them in rear of the fence, and himself and his detachment open and exposed. His mistake be- ing perceived from the line, he was called by the adjutant- general, and directed to return ; but the noise of the wa- ter, through which they were wading, prevented any communication. Having reached a knoJl of dry ground, he formed, and attempted the execution of his order ; but soon fell from a wound in the head. Deprived of their commander, and perceiving their situation hazardous and untenable, the detachment retreated to the line, with the loss of their colonel and five men. While this advance was made, a column of the enemy was threatening an attack on the extreme left. To frustrate the attempt, General Coffee was ordered with his riflemen to hasten through the woods and check their approach. The enemy, although greatly superior to him in numbers, no sooner discovered his movement, than they retired, and abandoned the attack they had previously meditated. The evident disaffection in New Orleans, and the pre- ence of an enemy in front, were circumstances well cal- ailated to excite unpleasant forebodings. General Jackson believed it necessary and essential to his security, while contending with avowed foes, not to be wholly inattentive to dangers lurking at home ; but, by guarding vigilantly, to be able to suppress any treasonable purpose the moment it should be developed, and before it should have time to 6* 128 LIFE OF JACKSON. mature. Previously, therefore, to departing from the city, on the evening of the 23d, he had ordered Major Butler, his aid, to remain with the guards, and be careful that nothing transpired in his absence calculated to operate in- juriousl}'-. His fears that there were many of the inha- bitants who felt no attachment to the government, and would not scruple to surrender it whenever it should be- come necessary to their interest, has been already noticed. Subsequent circumstances evinced that there was no mis- take in this belief, and showed that to his assiduity and energy it is to be ascribed that the country was protected and saved. It is a fact, which was disclosed on making an exchange of prisoners, that, despite all the efforts made to prevent it, the enemy were daily and constantly apprised of every thing that transpired in the camp. Every arrangement, and every change of position, was immediately communicated. On the day subsequent to a contest on the lakes on the 14th of December, Mr. Shields, a purser in the navy, was despatched with a flag, to Cat island, accompanied by Dr. Murrell, for the purpose of alleviating the situation of the- wounded, and to effect a negotiation, by which they should be liberated on parol. We are not aware that such an application mihtated against the usages and customs of war : if not, the flag of truce should have been respected ; nor ought its bearer to have been detained as a prisoner. Admiral Cochrane pretended to be fearful that it was a trick designed to ascertain his strength and situation, but this was very far from presenting any sufficient excuse for so wanton ^i outrage on propriety and the rules of war. If, indeed, such a result was apprehended, could not the messengers have been met at a distance from the fleet, and ordered back without a near approach ? Had this been done, no information could have been gained, and the object de- signed to be secured by the detention would have been answered, without infringing that amicable mtercourse between contending armies, which, when violated or dis- regarded, opens a door to brutal and savage warfare. When it was found in the American camp, that they did not return, the cause of it was at once correctly divined. TRAITORS IN THE CITY. 129 The British admiral was very solicitous, and resorted to various means, to obtain from 4hese gentlemen informa- tion of the strength, condition, and disposition of the Ame- rican army ; but so cautious a reserve was maintained, that nothing could be elicited. Shields was perceived to be quite deaf, and calculating on some advantage to be de- rived from this circumstance, he and the doctor were placed at night in the green-room, where any conversa- tion Avhich occurred between them could readily be heard. Suspecting, perhaps, something of the kind, afler having retired, they began to speak of their situation — the cir- cumstance of their being detained, and of the prudent caution with which they had guarded themselves against communicating any information to the British admiral. But, continued Shields, how greatly these gentlemen will be disappointed in their expectations, for Jackson, with the twenty thousand troops he now has, and the reinforce- ments from Kentucky, which must speedily reach him, will be able to destroy any force that can be landed from these ships. Every word was heard and treasured, and not supposing there was any design, or that he presumed himself overheard, they were beguiled by it, and at onct. concluded our force to be as great as it was represented ; and hence, no doubt, arose the reason of that prudent care and caution with which the enemy afterwards proceeded ; for " nothing," remarked a British officer, at the close of the invasion, "was kept a secret from us, except your numbers ; this, although diligently sought after, could never be procured." Between the 23d, and the attempt on the 2Sth, to carry the line. Major Butler, who remained at his post in the city, was applied to by Mr. Skipwith, at that time Speaker of the Senate, to ascertain the commanding general's views, provided he should be driven from his line of en- campment, and compelled to retreat through the city ; ; and the question was asked, whether, in that event, he would destroy it ? It was, indeed, a curious inquiry from one who, having spent his life in serving his country in different capacities, might better have understood the duty of a subordinate officer ; and that even, if, from his situa- 130 LIFE OF JACKSON tion, Major Butler had so far acquired the confidence ol his general as to have become acquainted with his views and designs, he was not at liberty to divulge them, with- out destroying confidence and acting criminally. Upon asking the cause of the inquiry, Mr. Skipwith rephed, it was rumored, and so understood, tliat if driven from his position, and made to retreat upon the city. General Jack- son had it in contemplation to lay it in ruins ; the legis- lature, he said, desired information on this subject, that if such were his intentions, they might, by offering terms of capitulation to the enemy, avert so serious a calamity. That a sentiment having for its object a surrender of the city, should be entertained by this body, was scarcely credible ; yet a few days made it still more apparent, and showed that they were already devising plans to insure the safety of themselves and property, even at any sacri- fice. While the general was hastening along the Hne, he was hailed by Mr. Duncan, one of his volunteer aids, and informed that it was already agitated in secret, by the members of the legislature, to ofTer terms of capitulation to the enemy, and proffer a surrender, and that Governor Claiborne awaited his orders on the subject. Critical as the time was, the safety or fall of the city being still un- certain, it was plainly to be perceived, that, although with a strong army before them, no such resolution could be carried into effect, yet it might be productive of evil, and in the end bring about the most fatal consequences. Even the disclosure of such a wish on the part of the legislature might create parties, excite opposition in the army, and inspire the enemy with renewed confidence. The Ten- nessee forces, and Mississippi volunteers, could not be af- fected by the measure ; but it might detach the Louisiana militia, and even extend itself to the ranks of the regular troops. Jackson was greatly incensed, that those whose safety he had so much at heart should be seeking, under the authority of office, to mar his best exertions. He was too warmly pressed at the moment to give it the attention its importance merited ; but availing himself of the first leisure moment, he apprized Governor Claiborne of what he had heard ; — ordered him to watch the conducj; of the THE LOUISIANA LEGISLATURE. 131 legislature closely, and the moment a project of offering a capitulation to the enemy should be fully disclosed, to place a guard at the door and confine them to their cham- ber. The governor, in his zeal to execute the command, and from a fear of the consequences involved in such con- duct, construed the order to be imperative, and placing an armed force at the door of the capitol, prevented the mem- bers from convening, and their schemes from maturing. The purport of this order was either essentially mis- conceived by the governor ; or, with a view to avoid sub- sequent inconveniences and complaints, was designedly mistaken. Jackson's object was not to restrain the legis- lature in the discharge of their official duties ; for although he thought that such a moment, when the sound of the cannon was constantly pealing in their ears, was inauspi- cious to wholesome legislation, and that it would have better comported with the state of the times for them to abandon their civil duties gmd appear in the field, yet it was a matter indehcate to be proposed : and it w^as hence preferred, that they should adopt whatever course might be suggested by their own notions of propriety. This opinion would have been still adhered to ; but when, through the communication of Mr. Duncan, they were represented as entertaining opinions and schemes adverse to the general interest and safety of the country, the ne- cessity of a new and different course of conduct was at once obvious. But he did not order Governor Claiborne to interfere with or prevent" them from proceeding with their duties ; on the contrary, he was instructed, as soon as any thing hostile to the general cause should be ascer- tained, to place a guard at the door, and keep the mem- bers to their post and to their duty. " My object in this," remarked the general, " was, that they would then be able to proceed with their business without producing the slightest injury : whatever schemes they might entertain would have remained with themselves, without the power of circulating them to the prejudice of any other interest than their own. I had intended to have had tnem well treated and kindly dealt by ; and thus abstracted from every thing passing without doors, a better opportunity 132 LIFE OF JACKSON. would have been afforded them to enact good and whole- some laws ; but Governor Claiborne mistook my order, and instead of shutting them in doors, contrary to my wishes and expectations turned them out." Previous to this occurrence, Jackson had been waited on by a special committee of the legislature, to know what his course would be, should necessity compel him to abandon his position. "If," rephed the general, "I thought the hair of my head could divine what I should do, 1 would cut it off forthwith ; go back with this answer; say to your honorable body, that if disaster does overtake me, and the fate of war drives me from my line to the city, they may expect to have a very warm session." "And what did you design to do," asked a friend, " pro- vided you had been forced to retreat?". "I should," he replied, " have retreated to the city, fired it, and fought the enemy amid the surrounding flames. There were with me men of wealth, owners of considerable property, who, in such an event, would have been among the fore- most to have applied the torch to their own buildings ; and what they had left undone, I should have completed. Nothing for the comfortable maintenance of the enemy would have been left in the rear. I would have destroyed New Orleans — occupied a position above on the river — cut off all supplies, and in this way compelled them to depart from the country." We shall not pretend to ascribe this conduct of the le- gislature to disaffection, or to treasonable motives. No doubt the impulse that produced it was interest — a prin- ciple of the human mind which strongly sways, and often destroys its best conclusions. The disparity of the two armies, in numbers, preparation, and discipline, had ex- cited apprehension, and destroyed hope. If Jackson wer driven back, and little else was looked for, rumor an nounced his determination of devoting the city to destruc- tion : but even if such were not his intention, the wrath and vengeance of the enemy might be fairly calculated to be in proportion to the opposition they should receive. Although these considerations may somewhat palliate, they do not justify. The government was represented in HIS VIGILANCE. 133 the person of the commanding general, on whom rested all responsibility, and whose voice on the subject of re- sistance or capitulation should alone have been heard. In the field were persons who were enduring hardships and straining every nerve for the general safety. A few of the members of their own body, too, were there who did not despond. Might not patriotism, then, have admo- nished these men, honored as they were with the confi- dence of the people, rather to have pursued a course having for its object to keep up the excitement, than to have endeavored to introduce fear and paralyze exertion ? Such conduct, if productive of nothing worse, was well calculated to excite alarm. If the militia, who had been- hastily drawn to the camp, and who were yet trembling for the safety of their famihes, had been told that a few private men of standing in society had expressed their opinions, and declared resistance useless, it would with- out doubt have occasioned serious apprehensions ; but in a much greater degree would they be likely to arise, when told that the members of the legislature, chosen to preside over the safety and destinies of the state, after due deliberation, had pronounced all attempts at succe.ss- fui opposition vain and ineffectual. Here was an additional reason why^expedients should be devised, and every precaution adopted, to prevent any communication by which the slightest intelligence should be had of their situation, already indeed sufficiently deplor- able. Additional guards were posted along the swamp, on both sides of the Mississippi, to arrest all intercourse ; while on the river, the common highway, watch boats were constantly plying during the night, in different di- rections, so that a log could scarcely float down the stream unperceived. Two flat-bottomed boats, on a dark night, were turned adrift above, to ascertain if vigilance were preserved, and whether there would be any possibility of escaping the guards, and passing in safj2ty to the British lines. The light boats discovered them on their passage, and on the alarm being given, they were opened upon by the Louisiana sloop, and the batteries on the shore, and in a few minutes were sunk. In spite, however, of every 134 LIFE OF JACKSON. precaution, treason still discovered avenues through which to project and execute her nefarious plans, and informa- tion was constantly afforded to the enemy. As an evidence of the extent of the information im- parted to the officers of the British army, Charles K. Blanchard, who was on board the fleet, addressed a letter to General Jackson, in which he gave the substance of a conversation with a quarter-master of one of the vessels, and said that he was told, " that the commanding officers of the British forces were daily in the receipt of every in- formation from the city of New Orleans which they might require, in aid of their operations, for the completion of the objects of the expedition : that they were perfectly acquainted with the situation of every part of our forces, the manner in which the same was situated, the number of our fortifications, their strength, position, &c. As to the battery on the left bank of the Mississippi, he de- scribed its situation, its distance from the main post, and promptly offered me a plan of the works. He further- more stated, that the above information was received from seven or eight persons, in the city of New Orleans, from whom he could, at any hour, procure every information necessary to promote His Majesty's interest." Great inconvenience was sustained for the want of arms, and much anxiety felt, lest the enemy, through their faith- ful adherents, might on this subject also obtain information. To prevent it as far as possible. General Jackson endea- vored to conceal the strength and situation of his army, by suffering his reports to be seen by none but himself and the adjutant-general. Many of the troops in the field were supphed with common guns, which were of little service. The Kentucky troops, who were daily expected, were also understood to be badly provided with arms Believing that the city might yet contain many article that would be serviceable, orders were issued to the mayor of New Orleans, directing him diligently to inquire through every store and house, and take possession of all the mus- kets, bayonets, spades, and axes, he could find. He was also instructed to obtain a register of every man in the city under the age of fifty, that measures might be con- THE FIRST OF JANUARY. 135 certed for drawing forth those who had hitherto appeared backward in engaging in the pending contest. Frequent light skirmishes by advanced parties, without material loss on either side, were the only incidents that took place for several days. Colonel Hinds, at the head of the Mississippi dragoons, on the 30th of December, was ordered to dislodge a party of the enemy who, under co- ver of a ditch that ran across the plain, were annoying the American fatigue parties. In advancing, he was unex- pectedly thrown into an ambuscade, and became exposed to the fire of a hne which had hitherto been concealed and unobserved. His collected conduct and gallant deport- ment extricated him from the danger in which he was placed, and gained for him and his corps the approbation of the commanding general. The enemy, being forced from their position, retired, and the colonel returned to the line with the loss of five of his men. The British were encamped two miles below the Ame- rican army, on a perfect plain, and in full view. Although foiled in their attempt to carry the works by the for«..e of their batteries on the 2Sth, they resolved upon another attack, which they believed would be more successful Presuming their failure to have arisen from not having sufficiently strong batteries and heavy ordnance, a more enlarged arrangement was resorted to, with a confidence of silencing opposition, and effecting such breaches in the intrenchment as would enable their columns to pass, with- out being exposed to any considerable hazard. The in- terim between the 2Sth of December and the 1st of Ja- nuary was accordingly spent in preparing to execute their designs. Their boats were despatched to the shipping, and an additional supply of heavy cannon landed through Bayou Bienvenu, where they had first debarked. During the night of the 31st of December they were busily engaged. An impenetrable fog, which was not dispelled until nine o'clock the next morning, aided them in the plans they were projecting, and gave time to complete their works. When the mist disappeared, se- •verai heavy batteries, at the distance of six hundred yards, mounting eighteen and twenty-four pound carronades, 136 LIFE OF JACKSON. were presented to view. No sooner was it sufficiently clear to distinguish objects at a distance, than these were opened, and a tremendous burst of artillery commenced, accompanied with Congreve rockets, that filled the air in all directions. Our troops, being protected by a defence, which they believed to be impregnable, were unmoved and undisturbed. The British, through the friendly in- terference of some disaffected citizens, having been ap prised of the fact that the general occupied a house at small distance in the rear of his line of defence, directed against it their first and principal efforts. So great was the number of balls thrown, that in a little while its porti- coes were beaten down, and the building made a complete wreck. This dishonorable attempt to destroy Jackson was unsuccessful ; as it was a constant practice with him, on the first appearance of danger, not to wait in his quarters watching events, but instantly to proceed to the line, and be ready to form his arrangements as circumstances might require. Constantly in expectation of an attack, he was. never absent from the post of duty ; and he had repaired, at the first sound of the cannon, to aid in the defence, and inspire his troops with firmness. The guns along the Ame- rican line were opened to repel the assault, and a constant roar of cannon, on both sides, continued until nearly noon ; when, by the superior skill of Jackson's engineers, the two batteries formed on the right, next the woods, were nearly beaten down, and many of the guns dismounted, broken, and rendered useless. That next the river still continued its fire until three o'clock ; when, perceiving all attempts to force a breach ineffectual, the enemy gave up the contest and retired. Every act of theirs discovered a strange delusion, and showed upon what wild and fanciful grounds all their expectations were founded. That the American troops were well posted, and strongly defended by pieces of heavy ordnance, mounted along their line, was a fact well known ; yet a belief was con- stantly indulged that the undisciplined collection which constituted the strength of our army, vrould be able to de- rive little benefit from such a circumstance ; and that ar-* tillery could produce but shght advantages in the hands FAILURE OF THE ATTACK. 137 of persons who were strangers to the manner of using it. That many who, from necessity, were called to the direc- tion of the guns, were at first entirely unacquainted with their management, is indeed true ; yet the accuracy and precision with which they threw their shot, afforded con- vincing proof, either that they possessed the capacity of becoming in a short time well acquainted with the art of gunnery, or that it was a science the acquisition of which was not attended with insurmountable difficulties. That they Avould be able to efTect an opening, and march through the strong defence in their front, was an idea so fondly cherished by the British, that an apprehension of failure had scarcely been conceived. So sanguine were they in this belief, that early in the morning their soldiers were arranged along the ditches, in rear of their batteries, prepared to advance to the charge the moment a breach could be made. Perceiving that their attempts must fail, and that such an effect could not be produced as would warrant their advance, another expedient was resorted to, but with nc better s*iccess. It occurred to the British commander that an attack might be made with advantage, next to the woods, and a force was accordingly ordered to penetrate in this direction, and turn the left of our line, which was supposed not to extend fiirther than to the margin of the swamp. In this way it was expected a diversion could be made, while the reserve columns, being in readiness and waiting, were to press forward the moment this object could be effected. Here, too, disappointment resulted. General Coffee's brigade, being already extended into the swamp, as far as it was possible for an advancing party to penetrate, brought unexpected dangers into view, and oc- casioned an abandonment of the project. The genius and foresight of Jackson had provided against this emergency. Although cutting the levee had raised the waters in the swamp, and increased the difficulties of keeping troops there, yet a fear lest this pass might be sought by the enemy, and the rear of the line thereby gained, had de- termined the general to extend his defences in that direc- tion. This had been intrusted to General Coffee, and a 138 LIFE OF JACKSON. more arduous duty could scarcely be imagined. To form a breastwork in such a place was attended with many difficulties and considerable exposure. A slight defence, however, had been thrown up, and the underwood, for thirty or forty yards in front, cut down, that the riflemen stationed for its protection might have a complete view of any force that might attempt a passage through this route. When it is recollected" that this position was to be main- tained night and day, and that the only opportunity afforded our troops for rest was on logs and brush thrown together, by which they were raised above the surrounding water, it may be truly said, that it has seldom fallen to the lot of men to encounter greater hardships ; but accustomed to privation, and alive to those feelings which a love of coun- try enkindles, they obeyed without complaining, and cheer- fully kept their position until all danger had ceased. Sensible of the importance of the point they defended, and that it was necessary to be maintained, be the sacri- fice what it might, they looked to nothing but a zealous and faithful discharge of the trust confided to them. Our loss in this affair was eleven killed an^ twenty- three wounded ; that of the enemy was never correctly known. The only certain information is contained in a communication of the 2Sth of January, from General Lam- bert to Earl Bathurst, in which the casualties and losses, from the 1st to the 5th, are stated at seventy-eight. xVIany allowances are to be made for this report. It was written at a time when, from the numerous disasters encountered, it was not to be presumed the general's mind was in a situation patiently to remember the facts, or minutely to detail them. From the great precision of the American fire, and the injury visibly sustained by their batteries, their loss was no doubt considerable. The enemy's heavy shot having penetrated Jackson's intrenchment in many places, it was discovered not to be as strong as had at first been imagined. Fatigue parties were again employed, and its strength daily increased ; an additional number of bales of cotton were taken to be applied to strengthening and defending the embrasures along the line. A French- man, whose property had been seized, without his consent, DEFENCE OF THE RIGHT BANK. 139 fearful of the injury it might sustain, proceeded in person to General Jackson to reclaim it, and to demand its delivery. The general, having heard his complaint, and ascertained from him that he was unemployed in any mihtary service, directed a musket to be brought to him, and placing it in his hand, ordered him on the hne, remarking, at the same time, that as he seemed to be a man possessed of property, he knew of none who had a better right to fight and to defend it. The British again retired to their encampment. It was well understood by Jackson that they were in daily ex- pectation of considerable reinforcements ; though he rested with confidence in the belief that a few more days would also bring to his assistance the troops from Kentucky. Each party, therefore, was busily and constantly engaged in preparation, the one to wage a vigorous attack, the other bravely to defend, and resolutely to oppose it. The position of the American army was in the rear of an intrenchment formed of earth, and which extended in a straight line from the river to a considerable distance in the swamp. In front was a deep ditch, which had been formerly used as a mill-race. The Mississippi had re- ceded and left the ditch dry, next the river, though in many places the water still remained. Along the line, and at unequal distances, to the centre of General Carroll's com- mand, were guns mounted, of different calibre, from six to thirty-two pounders. Near the river, and in advance of the intrenchment, was erected a redoubt, with embrasures, commanding the road along the levee, and calculated to rake the ditch in front. We have heretofore stated, that General Morgan was ordered, on the 24th of December, to cross to the west bank of the Mississippi. From an apprehension entertained that an attempt might be made through Barrataria, and the city reached from the right bank of the river, the general had extended his defences there likewise : in fact, unacquainted with the enemy's views, not knowing the number of their troops, nor but that they might have suffi- cient strength to make an assault in different quarters, and anxiously solicitous to be prepared at all points, he care- 140 LIFE OF JACKSON. fully divided his forces. His greatest fear was for the Chef Menteur road, and hence his strongest defence, aside from the principal encampment, was in that quarter, where Governor Claiborne, at the head of the Louisiana militia, was posted. The position on the right was formed on the same plan with the line on the left, but Ifiwer down than the latter, and extending to the swamp at right angles to the river. At this point General Morgan was stationed. To be prepared against- every possible contingency that might arise, Jackson had established another line of de- fence, about two miles in the rear of the one at present occupied, which was intended as a rallying point if he should be driven from his first position. With the aid of his cavalry, to give a momentary check to the advance of the enemy, he expected to be enabled to reach it without much injury, and be again in a situation to dispute a further passage to the city, and arrest the progress of the enemy. To inspirit his own soldiers, and to exhibit to the enemy as great a show as possible of strength and intended resistance, his unarmed troops, which consti- tuted no inconsiderable number, were stationed here. All intercourse between the lines, except by confidential officers, was prohibited ; and every precaution and vigi- lance employed, not only to keep this want of preparation concealed from the enemy, but even from being known in his own ranks. ARRIVAL OF TROOPS FROM KENTUCKY. 141 CHAPTER IX. 1815. Arrival of fresh troops from Kentucky — Preparations of both armies for an attack — The disposition of Jackson's force made known to the British by a deserter — Success of Colonel Thornton on the right bank of the river — Eagerness of the American soldiers for an engagement — Activity and energy of Jackson — The eighth of January — Advance of the British towards the American in- trenchments — Destructive fire from the fortifications — Repulse of the British — Death of Sir Edward Packenham — Terrible havoc made in the ranks of the enemy — Bravery of Colonel Rennie — Number of killed and wounded in the battle — Watchword of the British army — Generous benevolence of the American soldiers — An armistice proposed by General Lambert and accepted, with modifications — Brave conduct of the American troops — Want of arms prevents Jackson from capturing the whole British army — Enghsh version of the battle. 1815. After the cannonade on the 1st of January, nothing of interest occurred in the movements of either army, prior to the memorable day which, while it placed the reputa- tion of General Jackson for military genius and skill, on a level with that of the ablest commanders of the age, shed an unfading lustre on the American arms. A straggling fire was kept up, but it produced httle or no effect. Both parties were actively engaged in watching the movements of each other, and in making preparations ; the one for a contemplated attack, and the other for an effectual resist- ance. On the 4th day of the month, the long-expected reinforcement from Kentucky, of twenty-two hundred and fifty men, under the command of Major-general Thomas, arrived at the American head-quarters ; but they were so ill provided with arms as to be incapable of rendering any efficient service. The alacrity with which the citizens of that state had proceeded to the frontiers, and aided in the north-western campaigns, added to the disasters which ill 7 143 LIFE OF JACKSON. timed policy or misfortune had produced, had created such a scarcity of arms that they were not to be procured. The force under General Thomas had confidently expected to be supplied on their arrival. About five hundred of them had muskets ; the rest were provided with guns, which w^ere more or less unserviceable. The mayor of New Orleans, at the request of General Jackson, had al- ready examined and drawn from the city every weapon that could be found ; while the arrival of the Louisiana militia, in an equally unprepared situation, rendered it impossible for the evil to be effectually remedied. A boat laden with arms intended for the use and defence of the lower country, was somewhere on the river ; but where it was, or when it might arrive, rested entirely on hope and conjecture. Expresses had been despatched up the river, for three hundred miles, to seek and hasten it on ; still there were no tidings of its approach. That so many brave men, at a moment of such anxious peril, should be compelled to stand with folded arms, unable, from their situation, to render the least possible service to their coun- try, was an event greatly to be deplored, and did not fail to excite the feelings of the commanding general. His active mind could discover no means by which their ser- vices might be made available, and no alternative was pre- sented, but to place them at his intrenchment in the rear, conceal their actual condition, and by the show they might make, add to his appearance and numbers, without at all increasing his effective strength. Information was now received, that Major-general Lam- bert had joined the British commander in chief, with a considerable reinforcement. It had been previously an- nounced in the American camp that additional forces were expected, and something decisive might be looked for as soon as they should arrive. This circumstance, in con- nection with others no less favoring the idea, led to the conclusion that a few days more would, in all probability, bring on the struggle which was to decide the fate of the city. It was more than ever necessary to keep the situa- tion of the American army concealed, and General Jack- son determined at once to restrict all communication, even m PREPARATIONS FOR AN ATTACK. 148 with his own hnes. None were permitted to leave the line, and none from without to pass into his camp, but such as were to be impHcitly confided in. The chain of sentinels was strengthened in front, to prevent a passage to the enemy, should desertion be attempted ; yet, notwith- standing his caution and vigilance, the condition of his army, and its disposition in the intrenchments, were made known to the enemy, by a soldier who ehided the sentinels, and made his escape, on the night of the Cth of January. His desertion was discovered early next morning, and it was rightly conjectured that he had gone to the British camp, and would aflford them all the information in his power to communicate. This opinion, as subsequent cir- cumstances disclosed, was well founded ; and dearly did he atone his crime. He unfolded to the British the situ- ation of the American line, the number of the reinforce- ments lately arrived, and the unarmed condition of many of the troops ; and pointing to the centre of General Car- roll's division, as a place occupied by militia alone, he re- commended it as the point where an attack might be most safely and prudently made. The information obtained by the commanding general on the 7th, confirmed him in the belief that an attack was in contemplation. It was ascertained from some prisoners taken on the lake, that the enemy were busily engaged in deepening Villere's canal, with the intention of passing their boats and ordnance into the Mississippi. During the day a constant bustle was perceived in their camp. Their soldiers were continually in motion along the borders of the canal, marching and mancsuvring, for no other pur- pose except that of concealing the men who were busily engaged at work in the rear. In order to ascertain the cause and object of this uncommon movement, as far as was practicable, Commodore Patterson proceeded down the river, on the opposite side, and having gained a favor- able position in I'ront of their encampment, discovered them to be actually engaged in deepening the passage to the river. It was no difficult matter to divine their pur- pose. It was clearly evident that an assault was intended to be made on the line of defence commanded by General 144 LIFE OF JACKSON. Morgan ; which, if successful, would expose the Ameri- cans on the left bank to the fire of the redoubt erected on the right, and in this way compel them to an abandonment of their position. It was important to counteract this de- sign ; and measures were immediately taken to prevem. its execution. The force on the right bank was increased The second regiment of Louisiana militia, and four hun- dred Kentucky troops, were ordered to reinforce the troops occupying that side of the river. Owing to some delay and difficulty in arming them, the latter, amounting, in- stead of four hundred, to but one hundred and eighty, did not arrive until the morning of the 8th. A little before day they were despatched to the aid of an advanced party, under the command of Major Arnaut, who had been sent to watch the movements of the enemy, and oppose their landing. The hopes indulged from their opposition were not reahzed ; and the enemy reached the shore unmolested. The position of General Morgan, besides being strength- ened by several brass twelves, was defended by a strong battery, mounting twenty-four pounders, under the direc- tion of Commodore Patterson, which was an important addition to its strength and security. The line itself was not strong ; yet, if properly maintained by the troops se- lected for its defence, it was believed to be fully adequate to the purpose of successful resistance. Late at night, Patterson ascertained that the enemy had succeeded in passing their boats through the canal, and immediately communicated his information to the general. The com- modore had already formed the idea of dropping the Louisiana schooner down, to attack and sink them. This thought, though well conceived, was abandoned, on ac- count of the danger involved, and from an apprehension lest the batteries erected* on the river, with which she would come in collision, might, by the aid of hot shot succeed in blowing her up. It was preferred patiently t await the arrival of the enemy, in the behef that it would be practicable, with the bravery of more than fifteen hun- dred men, and the advantages possessed from their hne of defence, to maintain their position, and repel the assail- ants. In this expectation they were disappointed, as PREPARATIONS FOR AN ATTACK. 145 Morgan was compelled to abandon his position by the de- tachment under Colonel Thornton. On the left bank, where the general commanded in per- son, every thing was in readiness to meet the assault when it should be made. The redoubt on the levee was defended by a company of the seventh regiment, under the command of Lieutenant Ross. The regular troops occupied that part of the intrenchment next the river. General Carroll's division was in the centre, supported by the Kentucky troops, under General John Adair ; while the extreme left, extending for a considerable distance into the swamp, was protected by the brigade of General Coffee. How soon the attack would be made, was a matter of uncertainty ; but the brave soldiers whom Jackson had gathered around him, calmly awaited the approach of the enemy, behind the breastwork of cotton bags which the sagacity of their commander had provided, not as a shelter for cowardice, but as a protection against the onset of a superior force. Sharing the same high hopes and the same lofty enthusiasm that swelled in his bosom, they snuffed the breeze that bore to their ears the sounds of an approaching conflict, with as much eagerness as the war-worn veteran inured to the scenes of the battle-field. The general himself was not dismayed, either by the con- dition of his troops, or the great disparity of numbers when compared with the enemy, but, unmoved by appearances, he anxiously desired a contest, which he believed would give a triumph to his arms, and terminate the hardships of his suffering soldiers. Unremitting in his exertions, and constantly vigilant, his precaution kept pace with the zeal and preparation of the British commander. He sel- dom sk^pt : he was always at his post, performing the du- ties of both general and soldier. His sentinels were doubled, and extended as far as possible in the direction "of the British camp : while a considerable portion of the troops were constantly at the lines, with arms in their hands, ready to act when the first alarm should be given. For eight days had the two armies lain upon the same field, in view of each other, without any thing decisive having been effected on either side. Twice since their 146 LIFE OF JACKSON. landing had the British columns attempted to carry out their plans by storm, and twice had they been compelled to relinquish the attempt, and retire from the contest. It was not to be expected that matters would continue to re- main in such a doubtful state. The pride of the English soldiery, the boasted conquerors of Europe, were there, with distinguished generals for their leaders, who earnest- ly desired to announce their signal achievements to the country and to the world. The high expectations which had been indulged in regard to the success of this expedi- tion, were to be realized at every peril, or disgrace would follow the failure. The 8th of January at length arrived. At the dawn of day, the signals intended to produce concert in the enemy's movements were discovered. A skyrocket was perceived rising in the air, on the left of their line, near the swamp, which was answered by another on the right, next the river. The British columns were instantly put in motion, and advanced with such rapidity, that the American outposts had barely time to reach the hues. The sky was lighted with blazing Congreve rockets, and an incessant shower of shells and bombs was poured from the British batteries, which, though demoKshed on the first of the month, had been re-estabhshed and remounted with heavy pieces of cannon, during the preceding night. The enemy's force advanced in two divisions, com- manded by Sir Edward Packenham in person, supported by Generals Keane and Gibbs ; the right pressing forward against the centre of General Carroll's command, and the left against the redoubt on the levee. The dense fog which spread over the river and the adjacent country, en- abled them to approach within a short distance of the American intrenchment before they were perceived. They were then discovered advancing with a firm, quick, and steady pace, in columns, with a front of sixty or seven- ty deep. The Americans had been in readiness for some time, waiting their appearance, and as they approached they gave three hearty cheers, when, upon the instant, their whole hne was Hghted with the blaze of their fire. A burst of artillery and small arms, pouring with destruc- BATTLE OF NEW ORLEANS. 147 tive aim upon them, mowed down their front, and arrested their advance. In the musketry, there was not a moment's intermission : as one party discharged their pieces, another succeeded ; akernately loading and appearing, no pause could be perceived — it was one continued volley. The columns already perceived their dangerous and exposed situation. Battery No. 7, on the left, was ably served by Lieutenant Spotts, and galled them with an incessant and destructive fire. Batteries Nos. 6 and 8 were no less ac- tively employed, and no less successful in felling them to the ground. Notwithstanding the severity of the fire, which few troops could for a moment have withstood, some brave men pressed on, and succeeded in gaining the duch in front of the works, where they remained during the action, and were afterwards made prisoners. The horrors before them were too great to be withstood, and the British columns soon began to waver in their determination, and retire from the conflict. At this moment, Sir Edward Packenham hastened to the front, and endeavored to en- courage and inspire them with renewed zeal. His exam- ple was of short duration; he soon fell, mortally wounded, in the arms of his aid-de-camp, not far from the American line. Generals Gibbs and Keane also fell, and were borne from the field dangerously wounded. At this moment, General Lambert, who was advancing at a small distance in the rear, with the reserve, met the columns precipitate ly retreating, and in great confusion. His efforts to stop them were unavailing; they continued their retreat until they reach-ed a ditch at the distance of four hundred yards, where they were rallied and halted. The field before them, over which they had advanced, was strewed with the dead and dying. Danger still ho- vered around them ; but the importunities of their officers finally prevailed so far as to induce them to advance once more to the charge. They were already near enough to deploy, and were endeavoring to do so ; but the same con- stant and unremitting fire that caused their first retreat, continued without abatement. The American batteries had never ceased their fire ; their constant discharges of grape and canister, and the fatal aim of the musketry, 148 LIFE OF JACKSON. mowed down the front of the columns as fast as they could be formed. Satisfied that nothing could be done, and that certain destruction awaited all further attempts, they forsook the contest and the field, in disorder, leaving it almost entirely covered with the dead and wounded. It was in vain their officers endeavored to animate them to further perseverance, and equally vain to attempt coercion. The panic produced by the dreadful repulse they had ex- perienced, and the terrible havoc made in their ranks, while with their most zealous exertions they had been unable to obtain the slightest advantage, were circum- stances well calculated to make even the most submissive soldier rebel against the authority that would control him. The light companies of fusileers, the forty -third and ninety-third regiments, and one hundred men from the West India regiment, forming the left of General Keane's command, led by Colonel Rennie, were ordered to pro- ceed under cover of some chimneys standing in the field, until they had cleared them, when they were directed to oblique to the river, and availing themselves of the protec- tion afforded by the levee, to advance against the redoubt on the right of the American line. This work had been but recently commenced, and was in an unfinished state. It was only on the fourth of the month that General Jack- son, much against his own opinion, yielded to the sug- gestions of the other ofiicers, and permitted the work to be commenced. The plan cf its projection was such, that it was impossible to defend it against an attack, in its in- complete condition. Rennie executed his orders with great bravery, and pressing forward rapidly, soon reached the ditch. His advance was greatly anno3'-ed by Commo- dore Patterson's battery on the left bank of the river, and the cannon mounted on the redoubt ; but having reached the works, he gallantly passed the ditch, sword in hand. He instantly leaped on the wall, and calling to his troops, bade them follow him. The words had scarcely left his lips, when he fell by the fatal aim of a rifleman. Over- powered by the impetuosity of the superior numbers who were mounting the wall and entering at the embrasures, the Americans retired to the line, in rear of the redoubt. BATTLE OF NEW ORLEANS. 149 A momentary pause ensued, but only to be interrupted by increased horrors. Captain Beal, with the city rifle- men, perceiving the enemy in his front, opened upon them, and at every discharge brought numbers of them to the ground. To advance, or maintain the point gained, was equally impracticable for the enemy : to retreat or sur- render was the only alternative ; for they already per- ceived that the division on the right was thrown into con fusion, and hastily leaving the field. General Jackson being informed of the partial success of the enemy on the right, and of their having obtained temporary possession of the redoubt, sent a detachment to retake it; but previous to its arrival, the enemy had abandoned the work, and commenced retiring. They were severely galled in their retreat by such of the guns as could be brought to bear. The levee afforded them considerable protection; yet they suffered greatly from Commodore Patterson's redoubt on the right bank. Bemg enfiladed by this on their advance, they had sustained con- siderable injury, and now in their retreat were no less severely assailed. Numbers foand a grave in the ditch before the line ; and of those who originally gained the redoubt, it is believed that not one escaped : they were shot down as fast as they entered. The route along which they advanced and retired was strewed with bodies. Af- frighted at the carnage, the surviving members of the de- tachment fled from the scene hastily and in confusion. The American batteries still continued to pour forth their deadly fire, cutting them down at every step : safety seemed only to be attainable by retiring beyond the range of the shot; which, to troops galkd so severely as they were, was too remote a relief. Influenced by this con- sideration, they fled to the ditch, whither the right divi- sion had retreated, and there remained until night per- mitted them to retire. The loss of the British in the main attack on the left bank, has been variously stated. The killed, wounded and prisoners, as ascertained on the day after the battle, by Colonel Hayne, the inspector-general, was twenty-six hundrpH General Lambert's report to Lord Bathurst, 7* 150 LIFE OF JACKSON. Slated it to be but two thousand and seventy. Judging from the accounts given by the prisoners, and information derived through other sources, it must have been even greater than was represented in either account. Among the killed, were the commander in chief, and Major-general Gibbs, who died of his wounds the next day, besides many other valuable and distinguished officers. The loss of the Americans, in killed and wounded, was but thirteen. Their effective force at the line on the left bank, was three thousand seven hundred ; that of the enemy was, at least, nine thousand. The whole number of troops landed has been differently reported ; but the best information places it at about fourteen thousand. A part of this force was with Colonel Thornton ; the chmate had rendered many unfit for the duties of the field ; while a considerable number were killed and wounded, in the different contests previous to that on the 8th. Their real strength, there- fore, may be fairly estimated at the number we have stated ; at any rate, it could hardly be less. It is very evident that the assault on the American in- trenchments was considered by the British commander in chief, an undertaking of greater magnitude than was openly admitted. The officer who leads his troops on a forlorn attempt, not unfrequently places before them al- lurements stronger than either authority or duty. On this occasion, inducements were held out, than which nothing could have been more inviting to a licentious soldiery fresh from the horrid scenes enacted at the storming of St. Se- bastian. The charms of the dark-eyed beauties of Spain were not represented to be more attractive, than were those of our fair country-women, who looked to the gallant little band assembled on the banks of the Mississippi, for safety and protection. The cupidity of the British soldiers was excited by the hope of plunder, and the most lawless pas- sions of their natures were aroused to desperation, by the promised triumph over female innocence and purity. This fact has often been questioned, and in some in- stances positively denied ; but the circumstances pre- sented at the time of the transaction, leave no doubt of its truth. The books of two of the orderly sersfeants taken BATTLE OF NEW ORLEANS. 151 in battle, and the voluntary statements of prisoners, show conclusively, that " beauty and booty''' was the watch- word of the day. These words, it is true, in and of them- selves, might not, under certain circumstances, be regarded as of any weight ; but when Ave consider the situation of the American arm3^ and the defenceless condition of the city, if Jackson had been defeated, they assume an im- portance, which points irresistibly to the conclusion, that they were not idly adopted. It was fortunate for New Orleans, and its inhabitants, that the gallantry of the American general and the brave men who followed him to the battle-field, was sufficient to repel the attack of soldiers prompted to acts of courage and daring, by mo- tives which disgrace and debase humanity. The events of the 8th of January, afford abundant evidence of the generous kindness of the American sol- diers, and exhibit a striking difference in the troops of the two nations. While those of one were incited to acts of bravery and duty, by the promised pillage and plunder of the inhabitants, and the commission of the most odious crimes ; the other fought for their kindred and their coun- try, and having repelled their assailants, instantly laid aside their enmity, and regarding their fallen foemen as brethren, hastened to reheve them, in several instances, at the hazard of their lives. The desperate courage of many of the British soldiers brought them close to the very ramparts, where they were shot down, and lay badly v;ounded. When the firing had ceased and the columns had retired, the Americans left their lines, to assist ip bringing in their wounded enemies who were near the in trenchment ; but while engaged in this commendable ac of charity and kindness, they v/ere fired upon by the British, from the ditch they had occupied, and several ot hem were seriously injured. Notwithstanding this das- tardly attack, the American soldiers persevered in then laudable efforts to administer to the wants, and relieve the sufferings, of the wounded and dying. Shortly after the British retired, a communication was received from Major-general Lambert, on whom the com- mand devolved after the fall of Generals Packenham, 152 LIFE OF JACKSOW. Gibbs, and Keane, acknowledging the kindness shown to his wounded men, and"^soliciting permission to bury the dead, and bring off those who were dangerously wounded. General Jackson refused to permit .a near approach to his lines, but consented that the wounded Vv^ho were at a greater distance than three hundred yards from the in- trenchment should be relieved, and the dead buried : those nearer his lines, he agreed should be delivered over by his own men, to be interred by their countrymen. This precaution was taken, in order that the enemy might not have an opportunity to inspect, or learn any thing concerning his position, or the situation of the troops under his command. About noon, a proposition was made by General Lambert, for the cessation of hostilities until the same hour the next day. In the hope of being able to secure an important advantage which he had in contemplation, by his apparent willingness to comply with the proposal. General Jackson drew up an armistice and forwarded it to General Lambert, with directions for its immediate return, if approved. It contained a stipulation o this effect : that hostilities on the left bank of the river should be discontinued from its ratification, but that on the right bank, where Colonel Thornton had driven Morgan from his position, they should not cease ; and that in the interim, under no circumstances were reinforcements to be sent across by either party. This was a bold stroke at stratagem ; and although it succeeded even to the extent desired, was yet attended with considerable hazard. Re- inforcements had been ordered over to retake the position lost by Morgan, in the morning, and the general presumed they had arrived at their point of destination ; but at this lime they had not passed the river, and it was not to be expected that it could be retaken by the same troops who had yielded it the day before, when possessed of ad* vantages which gave them a decided superiority. The commanding general well knew this ; yet, to spare the sacrifice of his men, which he foresaw must be consider- able, in any attempt to regain it, he was disposed to venture upon a course which, he felt assured, could not fail to succeed, it was impossible that his object could AN ARMISTICE GRANTED. 153 be discovered, and he confidently believed the British commander would infer, from the prompt and ready man- ner in which his proposal had been met, that such addi- tional troops were already thrown over as would be fully adequate to the purpose of attack, and greatly to endanger, if not wholly to cut off Colonel Thornton's retreat. Ge- neral Lambert's construction was such as had been antici- pated. Although the armistice contained a request that it should be immediately signed and returned, it was neg- lected to be acted upon until the next day ; and Thornton and his command re-crossed the river, under cover of the night, and the ground they had occupied was peaceably left to the possession of the original holders. The opportunity thus afforded, of regaining a position on which, in a great degree, depended the safety of those on the opposite shore, was accepted with an avidity its import- ance merited, and immediate measures were taken to in- crease its strength, and prepare it against any future attack that might be made. This delay of the British commander was evidently designed, in order that while the negotiation was pending, and before it was concluded, an opportunity might be had, either of throwing over reinforcements, or removing Colonel Thornton and his troops from a situa- tion so extremely perilous. Early next morning. General Lambert returned his acceptance of what had been pro- posed, with an apology for having failed to reply sooner :. he excused the omission, by pleading a press of business, which had occasioned the communication to be overlooked and neglected. Jackson was at no loss to attribute the delay to the correct motive ; the apology, however, was as perfectly satisfactory to him as any thing that could have been offered ; beyond the object intended to be ef- fected, he felt unconcerned, and having secured this, he rested perfectly satisfied. The armistice was- concluded on the 9th of January, and it was agreed that it should be continued until two o'clock in the evening. The dead and wounded were removed from the field ; those within the Hne of demarcation, which the British were not per- mitted to cross, being dehvered to them by the Americans, in accordance with the terms of the stipulation. t 154 LIFE OF JACKSON. It has seldom happened, that officers have been more deceived, or atoned more severely for their error, than was the case with those commanding the British troops on this occasion. They seem to have taken it for granted that the militia would not maintain their ground when warmly assailed ; and that at the approach of veteran troops, they would at once forsake the contest, and seek safety in flight. At what part of our line they were stationed, was as- certained by information derived through a deserter ; and influenced by the belief that they wanted nerve and were deficient in bravery, the main assault was made at this pomt. They were indeed militia ; but the enemy could have assailed no pan of the American intrenchment where they would have met a warmer reception, or where they would have found greater strength ; it was certainly the best defended part of the line. The Kentucky and Ten- nessee troops, under Generals Carroll, Thomas, and Adair, were there, and they had already won, on former occa- sions, a reputation that was too dear to be sacrificed. These divisions, alternately charging their pieces and mounting the platform, poured forth a constant fire, that was impossible to be withstood, repelled the advancing columns, and drove them from the field with prodigious slaughter. So enraged were the British officers at their repulse, and so firmly persuaded that the information .given them by the deserter was false, that they called their informant before them, to account for the mischief he had done. It was in vain he urged his innocence, and with the most solemn protestations, declared he had stated the fact truly as it was. They could not be con- vinced — it was impossible that they had contended against any butithe best disciphned troops; and without further ceremony, the poor fellow was suspended in view of the camp, and expiated his treachery, if not his misrepresen tations, on the gibbet. The gallant conduct of the American troops at the bat tie of New Orleans, has often been the subject of com mendation. Their bravery and zeal were conspicuous during the continuance of the contest. It was impossible for men to serve under such a leader as Jackson, without BRITISH ACCOUNT OF THE BATTLE. 155 becoming imbued with the same dauntless courage which he always exhibited. Bold without being rash, daring without being reckless, his own noble bearing was suffi- cient to arouse emotions of patriotism where none had ex- isted. The 8th of January was a momentous day, not merely in his history, but also in that of the country. He felt the importance of the occasion, but nothing caused him to waver or hesitate. Those who were present at the battle, concur in saying, that there was a grandeur and sublimity about him, as he rode along the lines, that was absolutely irresistible. Every order was given with prompt- ness and decision. Above the thunder of the artillery, and the roar of musketry, he was heard cheering and en- couraging his men. Wherever his eagle-eye flashed, it excited the most intense enthusiasm ; and when the shrill notes of his trumpet voice were heard amidst the din of battle, every heart beat with a stronger pulsation, and every arm was nerved with tenfold vigor. After the battle, General Jackson could have easily captured every man belonging to the British force, on the land, if he had been supplied with arms, according to his repeated and urgent requests, and agreeably to the pro- mises that were made to him. The want of these com- pelled him to remain stationary in his position, until the opportunity had passed. The British crossed the river, and embarked on board the vessels waiting to receive them, without further molestation. The account given by them of the battle, is so very different from what really took place, and there is such an evident attempt to conceal the extent of their defeat, that it is well worthy the pe- rusal. The following official bulletin, professing to give a statement of the affair, was issued from the war office in London, on the reception of the intelligence : " War Department, March 8, 1815. "Captain Wylly arrived this morning, with despatches from Major-general Lambert, detailing the operations against the enemy in the neighborhood of New Orleans. It appears that the army,1.mder the command of Major- a 156 LIFE OF JACKSON. general Keane, was landed at the head of the Bayonne, in the vicinity of New Orleans, on the morning of the 23d of December, without opposition ; it was, however, at- tacked by the enemy in the course of the night succeed- ing the landing, when, after an obstinate contest, the enemy were repulsed at all points, with considerable loss. On the morning of the 25th, Sir E. Packenham arrived, and assumed the command of the army. On the 27th, at daylight, the troops moved forward, driving the enemy's pickets to within six miles of the town, when the main body of the enemy was discovered, posted behind a breast- work, extending about one thousand yards, with the right resting on the Mississippi, and the left on a thick wood. The interval between the 27th of December and the 8th of January, was employed in preparations for an attack upon the enemy's position. The attack which was in- tended to have been made on the night of the 7th, did not, owing to the difficulties experienced in the passage of the Mississippi, by a corps under Lieutenant-colonel Thorn- ton, which was destined to act on the right bank of the river, take place till early on the morning of the 8th. The division to whom the storming of the enemy's work was intrusted, moved to the attack at that time, but being too soon discovered by the enemy, were received with a gaUing and severe fire from all parts of their line. Ma- jor-general Sir Edward Packenham, who had placed him- self at the head of the troops, was unfortunately killed at the head of the glacis, and Major-generals Gibbs and Keane were nearly at the same moment wounded. The effect of this upon the troops caused a hesitation in their advance, and though order was restored by the advance of the reserve under Major-general Lambert, to whom the command of the army had devolved, and Colonel Thorn- ton had succeeded in the operation assigned to him on the right bank of the river ; yet the major-general, upon the consideration of the difficulties which yet remained to be surmounted, did not think himself justified in ordering a renewal of the attack. The troops, therefore, retired to the position which they had occupied previous to the BRITISH ACCOUNT OF THE BATTLE. 157 attack. In that position they remained until the evening of the 18th, when, the whole of the wounded, with the exception of eighty, (whom it was considered dangerous to remove,) the field artillery, and all the stores of every description, having been embarked, the army re- tired to the head of the Bayonne, where the landing had been originally effected, and re-embarked without molestation." 158 LIFE OF JACKSON. CHAPTER X. 1815. Gratitude of the citizens of New Orleans to their dehverer— Jackson strengthens his position — Anonymous publications inciting his troops to revolt — The author placed in arrest — Judge Hall or- dered into custody for his interference — The British retire to their shipping — Treaty of peace signed — Cessation of hostihties — Jack- son submits to the fine imposed by the judge — Farewell address to his troops — Return to Nashville — Depredations committed by the Seminole Indians — Jackson ordered to take command of the south- ern army— Enters Florida with his army — Execution of Arbuthnot and Ambrister — Capture of St. Marks and Pensacola — Termination of hostilities — Jackson's conduct approved — Appointed governor of Florida — Administration of his judicial duties — Difficulty with the Ex-governor, Callava — Jackson's ill health compels him to return home. 1821. The successful defence made by General Jackson ap^ainst the attempt to storm his intrenchments, banished all the apprehensions of danger which the citizens of New Orleans had previously indulged. They eagerly hailed him as their deliverer and protector. No encomium could be too exalted to express the feelings of gratitude which they cherished towards him. In the midst of dan- gers and difficulties, he had perseveringly continued his defensive operations, until the result of the battle fuJly confirmed their efficiency. Obstacles that would have disheartened another commander, neither interfered with his plans, or daunted his spirit. Every thing was made to yield to the necessities of the crisis, and the bidding of his determined will. His influence was felt everywhere around and about him. What his feeble army lacked in numbers and in equipments, was more than made up, by the high-souled enthusiasm which he infused into their ranks. Treason shrunk abasi\ed from his presence, and cowardice itself, at his side, became the most unflinching courage and the most devoted patriotism. The harsh and vigorous measures to which he was compelled to resort, DIFFICULTY WITH JUDGE HALL. 159 led to frequent complaints ; but when the danger was averted, and the city saved from plunder and rapine, even his arbitrary exercise of power was justified and approved. All classes and conditions united in the expression of their sincere and heartfelt thankfulness. Demonstrations of public respect succeeded each other daily ; the congra- tulations of his fellow-countrymen, whose property and whose lives he had defended, flowed in upon him without stint; and the general sentiment of approbation which soon reached his ears was no more flattering to his pride, than it was just to his abilities and his services. Although the defeat of the British on the 8th of Jan- uary completely frustrated their plans, and put an end to their contemplated march upon the city, Jackson deemed it best to continue the same watchful discipline and care which had been attended with such satisfactory results. Had his men been properly supplied with arms, he would have completed the brilliant defence of the 8th of January, by the capture of the whole British force, but, situated as he was, it would have been rash in the extreme to have commenced any offensive operations. He confined him- self, therefore, to perfecting his line of defences, and con- structing new ones at assailable points, in order that the success already obtained might not be hazarded by re- missness or neglect. While actively engaged in the dis- charge of his duty, the traitors and spies who had pre- viously occasioned him so much trouble and vexation, were secretly at work in their efforts to counteract his plans. Having failed in one attempt to betray the country, they adopted a different mode of proceeding. Besides afford- ing intelhgence of his movements lo the enemy, they caused anonymous articles, calculated to excite mutiny among his troops, to be inserted in one of the newspapers published n the city of New Orleans. So bold an act of treason was not to be overlooked, and with his characteristic energy and decision of character, Jackson promptly de- manded of the publisher the name of the writer of the articles. The demand was complied with, and the traitor was discovered to be one of the members of the legislature. An order was forthwith issued by the general for his im- 160 LIFE OF JACKSON. mediate arrest. An application was made to Judge Hall for a writ of habeas corpus, which was granted. As has been heretofore mentioned, the judge himself was at once arrested by command of Jackson, for interfering with his authority. At this time, the order proclaiming martial law had not been countermanded, in consequence of the proxi- mity of the British army, and if the general had allowed one act of opposition to his authority to pass unnoticed, others might have followed in its train, which would have produced the most serious consequences. The British forces retired to their shipping and took final leave of Louisiana, on the 18th of January, and early in the month of February the inteUigence arrived, that a treaty of peace between Great Britain and the United States had been signed by the commissioners of the two governments, at Ghent, on the 24th of December previous. The cessation of hostilities was soon after officially an- nounced. The appearance of the order releasing the city from the restraints of martial law, was followed by a rule of court granted by Judge Hall, commanding General Jackson to appear and show cause why an attachment should not issue against him for contempt, in refusing to obey a writ, and imprisoning the organ of the law. He did not hesitate to appear and submit a full and able an- swer justifying his proceedings. After argument before the court, the rule was made absolute ; an attachment was sued out, and Jackson brought up to answer interrogatories. The proceedings were obviously unjust, but he preferred, like a good citizen, to submit quietly to the law. He therefore decHned answering questions, and asked for the sentence, which the judge, who was exceedingly inimical towards him, then proceeded to pass. It was a fine of one thousand dollars. The spectators who crowded the hall evinced the strongest indignation. On entering his carriage, it was seized by the people and drawn to the coffee-house where he was residing. When he reached his head quar- ters, he put the amount of the fine into the hands of one of his aids, and caused it to be discharged without delay. He had scarcely anticipated the intentions of the citisens, as the full sum was raised among them by contribution, FAREWELL ADDRESS TO HIS TROOPS. 161 in a few moments. Jackson refused to accept the mo- ney, and at his request it was appropriated to a charitable institution. He enjoyed the consciousness that the powers which the exigency of the times forced him to assume, had been exercised exclusively for the public good, and were absolutely essential to the safety of the country. In addi- tion to this, he was gratefully remembered by the people for \^om he had sacrificed his ease and comfort, and endured so many hardships. In 1821, the corporation of New Orleans vot«l fifty thousand dollars for erecting a marble statue designed to commemorate his important military services ; and the same body also gave one thou- sand dollars for his portrait painted by Mr. Earle. At the session of the United States Congress in 1844-5, complete though tardy justice was meted out to Jackson, by the pas- sage of a law in efl^ect approving of his conduct, and mak- ing provision for the restitution of the fine, with interest. Notwithstanding the cessation of hostihties, General Jackson remained at New Orleans, with the troops under his command, until the month of March, at which time he was relieved by General Gaines. On taking leave of the brave volunteers who had cheerfully followed him through so many difficulties and dangers, previous to their final discharge, he issued the following address, thanking them for their fidehty to the country, and expressing his sincere wishes for their future happiness and prosperity : " The major-general is atlength enabled to perform the pleasing task of restoring to Tennessee, Kentucky, Louisi- ana, and the territory of the Mississippi, the brave troops who have acted such a distinguished part in the war which has just terminated. In restoring these brave men to their homes, much exertion is expected of, and great responsi- bihty imposed on, the commanding officers of the different corps. It is required of Major-generals Carroll and Thomas, and Brigadier-general Coffee, to march their commands, without unnecessary delay, to their respective states. The troops from the Mississippi territory, and state of Louisi- ana, both militia and volunteers, will be immediately mus- tered out of service, paid, and discharged. 1(52 LIFE OF JACKSON. « The major-general has the satisfaction of announcing the approbaiion of the President of the United States to the conduct of the troops under his command, expressed in flattering terms, through the honorable the secretary of war. " In parting with those brave men, whose destinies have been so long united with his own, and in whose labors and glories it is his happiness and his boast to have parti- cipated, the commanding general can neither suppress his feelings, nor give utterance to them as he ought. In what terms can he bestow suitable praise on» merit so extraor- dinary, so unparalleled ? Let him, in one burst of joy, gratitude, and exultation, exclaim — ' These are the saviors of their country — these the patriot soldiers, who triumphed over the invincibles of Wellington, and conquered the conquerors of Europe !' With what patience did you submit 10 privations — with what fortitude did you endure fatigue — what valor did you display in the day of battle ! You have secured to America a proud name among the nations of the earth — a glory which will never perish. " Possessing those dispositions which equally adorn the citizen and the soldier, the expectations of your country will be met in peace, as her wishes have been gratified in war. Go, then, my brave companions, to your homes; to those tender connections, and blissful scenes, which render life so dear — full of honor, and crowned with laurels which will never fade. When participating, in the bosoms of your famihes, the enjoyment of peaceful life, with what happiness will you not look t)ack to the toils you have borne — to the dangers you have encountered ? How will all your past exposures be converted into sources of inex- pressible delight ! Who, that never experienced your sufferings, will be able to appreciate your joys ? The man who slumbered ingloriously at home, during your painful marches, your nights of watchfulness, and your days of toil, will envy you the happiness which these re- collections will afford — still more will he envy the gratitude of that country, which you have so eminently contributed to save. " Contmue, fellow-soldiers, on your passage to your se- veral destinations, to preserve that subordination, that RETURN HOME. 163 dignified and manly deportment, which have so ennobled your character. " While the commanding general is thus giving indulg- 3nce to his feelings towards those brave companions who accompanied him through difficulties and danger, he can- not permit the names of Elount, and Shelby, and Holmes, to pass unnoticed. With what generous ardor and pa- triotism have these distinguished governors contributed all their exertions to provide the means of victory ! The recollection of the[r exertions, and of the success which has resulted, will be to them a reward more grateful than ^ny which the pomp of title or the splendor of wealth can bestow. " What happiness it is to the commanding general, that, while danger was before him, he was, oi#no occasion, compelled to use towards his companions in arms either severity or rebuke ! If, after the enemy had retired, im- proper passions began their empire in^H few unworthy bosoms, and rendered a resort to energetic measures ne- cessary for their suppression, he has not confounded the innocent with the guilty — the seduced with the seducers. Towards you, fellow-soldiers, the most cheering recollec- tions exist ; blended, alas ! with regret, that disease and war should have ravished from us so many worthy com- panions. But the memory of the cause in which they perished, and of the virtues which animated them while living, must occupy the place where sorrow would claim to dwell. " Farewell, fellow-soldiers. The expression of your ge- neral's thanks is feeble, but the gratitude of a country of freemen is yours — yours the applause of an admiring world. " Andrew Jackson, " Major-general commanding.''^ On his route to Nashville, General Jackson saw, on every side, the certain evidences of exultation and delight. The reputation he had acquired during his campaigns in the Creek country, had extended from one section of the union to the other. All were familiar with the prompt- ness and decision, the active intrepidity, and unyielding 164 LIFE OF JACKSON. firmness, he had evinced in his different engagements and marches through the Indian territory of the Hickory Ground, and in allusion to which the appellation of "Old Hickory" had been bestowed upon him ; and the brilHant victory won at New Orleans threw the country into a complete fever of joy. For two years afterwards, General Jackson, though still retaining his rank in the army, remained at home engaged in cuhivating his farm, and busily occupied with rural pleasures and labors. In the winter (^f 1817, the hostile Creeks, or Seminoles, who had been driven into Florida, in connection with runaway negroes from the adjoining states, began to execute schemes of robbery and vengeance against the Americans living near the frontiers. Repre- sentations in regard to these outrages had been made to the American government, and General Gaines, the acting commander of the southern district, was ordered, in the summer of 181#to occupy a position near the borders, with a considerable force, for the protection of the citizens. He was at first directed to keep within the territorial limits of the United States, and not to cross the Florida line ; but to demand of the Indians the perpetrators of the crimes which had been committed, avoiding, if possible, a general rupture with the deluded savages. General Gaines made the demand, in conformity with his orders. The savages, however, being deceived by the representa- tions of certain foreign incendiaries and traders, who taught them to believe that they would receive assistance and encouragement from the British, not only refused to give up the murderers, but repeated their barbarities when- ever an opportunity offered. Whilst matters remained in this condition, the intelligence was received that Lieuten- ant Scott, one of General Gaines' officers, with forty -seven persons, men, women and children, had been surprised by an ambuscade of Indians, when descending the Appalachi- cola river in a boat, about two miles below the junction of the Flint and Chattahoochie, and that the whole detach- ment had been killed or taken prisoners, except six men, who had made their escape. Those who were taken alive were wantonly butchered by the ferocious savages ; ORDERED TO THE SOUTH. 165 the little children were seized, and their brains dashed out against the side of the boat ; and all the helpless females, with one exception, were murdered. On the receipt of this inteUigence, the government saw the necessity of adopting energetic measures. Orders were immediately issued to General Jackson to repair to Fort Scott and take command of the forces in that quarter, with authority, in case he should deem it necessary, to call upon the Executives of the adjoining states for addi- tional troops. He was also authorized to cross the bound- ary line of Florida, which was still a Spanish territory, if necessary in the execution of his orders. The orders which had been issued to General Gaines, and to which he was referred for his own guidance, required him to adopt " measures necessary to terminate a conflict which had been avoided from considerations of humanity, but which had now become indispensable, from the settled hostility of the savage enemy." The Secretary of War also said, in a letter written to General Gaines in the month of January, 1818 : " The honor of the United States requires that the war with the Seminoles should be terminated speedily, and with exemplary punishment for hostilities so unprovoked." Having collected the Tennessee volunteers, \tith that zeal and promptness which ever marked his career, Ge- neral Jackson repaired to the post assigned him, and as- sumed the command. The necessity of crossing the line into Florida was no longer a subject of doubt. A large body of Indians and negroes had made that territory their refuge, and the Spanish authorities were either too weak or too indifferent to restrain them. In order to comply with the orders issued to him, Jackson penetrated at once into the Seminole towns, reducing them to ashes, and driving the enemy before him. In the council-house of the Mic- kasukians, more than fifty fresh scalps, and in an adjacent house, upwards of three hundred scalps, of all ages and sexes, were found ; and in the centre of the public square a red pole was erected, crowned with scalps, known by the hair to have belonged to the companions of Lieutenant Scott. To inflict merited punishment on the barbarians, 8 166 LIFE OF JACKSON. and to prevent a repetition of the massacres, by bringing the war to a speedy and successful termination, he pur* sued his way to St. Marks. He there found, in con-, formity with previous information, that the Indians and negroes had demanded the surrender of the post to them ; and that the Spanish garrison, according to the command- ant's own acknowledgment, was too weak to support it. He ascertained also that the enenny had been supplied with the means of carrying on the war, from the commandant of the post ; 'that foreign incendiaries, who instigated the savages to cruelty, had free communication with the fort ; and that councils of war were permitted by the com- mandant to be held by the chiefs and warriors, within his own quarters. The Spanish store-houses were appro- priated to the use of the hostile party, and actually filled with goods belonging co them, though property known to have been plundered from American citizens was pur- chased from them by the commandant, while he professed friendship to the United States. General Jackson, therefore, did not hesitate to demand of the officer commanding at St. Marks, the surrender of that post, that it might be garrisoned by an American force, and, when the Spaniard hesitated, he entered the fort by force, though without bloodshed ; the enemy hav- ing fled, and the garrison being too weak to offer any se- rious opposition. From this place he marched upon Su- wanee, seized the stores of the enemy and burnt their vil- lages. A variety of circumstances now convinced General Jack- son, that the savages had commenced the war and persist- ed in their barbarity. He therefore arrested at St. Marks several of the British incendiaries who had excited them to hostilities. One Alexander Arbuthnot, an Indian trader was taken at St. Marks, where he had been living as ai inmate in the family of the commandant. He was tried by a court of inquiry, of thirteen respectable officers, and sentenced to be hung, which sentence was immediately carried into execution. Robert Ambrister, formerly a lieu- tenant in the British marine corps, was also tried ; and it having been proved that he had not only encouraged and SEMINOLE CAMPAIGN. 167 assisted the hostile savages, but had also led them in their marauding excursions, he was sentenced by the court to receive fifty stripes and to be confined, with a ball and chain, at hard labor, for twelve calendar months. General Jackson, however, disapproved of this sentence, which he did not think sufficiently severe ; and the case being reconsidered, Ambrister was sentenced to be shot, which sentence was forthwith executed. It was now supposed by the commanding general that the war was at an end. St. Marks was garrisoned b}'- an American force ; the Indian towns of Mickasuky and Suwanee were destroyed ; two prominent chiefs who had been the prime movers and leaders of the savages, had been killed ; and the two foreign instigators taken and exe- cuted. The American commander, therefore, ordered the Georgia militia, who had joined him, to be discharged, and was about to return himself to Tennessee. While mak- ing his preparations, he was informed that the Indians were admitted freely by the governor at Pensacola ; that they were collecting in large numbers, five hundred being in Pensacola on the 15th of April, many of whom were known to be hostile, and had just escaped from the pursuit of his troops ; that the enemy were furnished with am- munition and supplies, and received intelligence of the movements of his forces, from that place ; and that a num- ber of them had salhed out and murdered eighteen Ame- rican citizens, who had settled upon the Alabama, and were immediately received by the governor, and furnished with means of transportation across the lake, that they might escape pursuit. These facts being ascertained by General .Jackson, from rehable authority, he forthwith took up his line of march towards Pensacola, at the head of a detachment of about twelve hundred men, for the purpose of counteracting the views of the^nemy. On the 18th of May, he crossed the Appalachicola at the Ocheese village, with the intention of scouring the country west of that river, and on the 23d of the month, he received a communication from the go- vernor of West Florida, protesting against his entrance into that province, commanding him to retire from'it, and 168 LIFE OF JACKSON. declaring that he would repel force by force if he did not obey. This communication, together with other indica- tions of the governor's hostility, were followed by prompt action on the part of the American general. He marched direct to Pensacola, and took possession of that place the following day. The governor himself fled to Fort Carlos de Barrancas, which post also surrendered, after a feeble resistance, on the 28th of May. This bold and energeti mode of carrying on the war soon put an end to the de predations of the Indians and negroes. Parties of them were Scattered here and there through the countr3^ and, to prevent them from attacking the frontier settlements, two of the volunteer companies were ordered to scour the country between the Mobile and the Appalachicola. Thus ended the Seminole campaign, which, though not distin- guished by any heavy battles, was, nevertheless, a most arduous and harassing kind of warfare. General Jackson returned to the Hermitage, in June, 1818. His promptness and decision in checking the in- cursions of the savages, and patting an end to their de- predations, elicited new acknowledgments and new evi- dences of respect and admiration. The general .govern- ment deemed it expedient ultimately to restore to Spain the posts of St. Marks and Pensacola; but the conduct of Jackson was approved, and Presiderrt Monroe expressed the opinion in his annual message, al the commencement of the session of Congress in 1818, that the "misconduct of the Spanish officers," in affording countenance and pro- tection to the savages, fully justified the course which had been pursued. The proceedings of the general in regard to Arbuthnot and Arabrister, were, in like manner, unequivocally confirmed. The British government even, though always prompt in protecting her citizens, could not ♦ but acknowledge the justice of their condemnation. General Jackson returned home in the su»mer of 1818, and in the course of the following winter he visited Wash- ington. The incidents of the Seminole campaign were then under consideration in Congress, and a report was made by a committee of the Senate extremely hostile to his character. It had not the concurrence of the ablest members of the APPOINTED GOVERNOR OF FLORIDA. 169 committee, and on the appearance of an article in the Na- tional Intelligencer, written by General Jackson himself, triumphantly defending his conduct, all further action upon it was suspended. An attempt was also made' in the House of Representatives, to pass a vote of censure, but it was rejected by a decisive majority. While at the east, the general visited Baltimore, Philadelphia, and New York, in each of which he was welcomed with distinguished honors. He received the freedom of the city of New York on the 19th of February, in a gold box ; and there, as well as in Baltimore, the municipal council requested and ob- tained his portrait, to be placed in their hall. On the 22d of February, 1819, a treaty was signed be- tween Spain and the United States, by which the Floridas "were ceded to the latter power. Upon the final ratification of the treaty, Congress passed a law, empowering the pre- sident to vest in such person or persons as he might select, all the mihtary, civil, and judicial authority exercised by the officers of the Spanish government. Under this law, the president selected General Jackson to act as commis- sioner for receiving the provinces, and to assume the go- vernment of them. The intimate acquaintance of Jackson with the country, and the energy and decision of his cha- racter, specially recommended him for this position. The territory was completely overrun with smugglers, negro- stealers, and desperadoes of every description ; and it re- quired the exercise of no httle firmness and rigor to restore quiet and good order. The general reluctantly accepted the office, and on the 1st of July, 1821, he issued his pro- clamation at Pensacola, announcing that he had taken possession of the territory in the name of the United States, and that all citizens were required to yield obedience to her authority. Prompt measures were adopted for enforc- ing the laws, and securing the due administration of justice. Courts were immediately organized, and a system of inter- nal police instituted. By the treaty with Spain it was expressly stipulated, that all the archives and documents relating to the pro- perty and sovereignty of the provinces should be delivered up to the American authorities. A case soon occurred un 170 LIFE OF JACKSON. der this clause of the treaty, which called Oiri all GenKSSi Jackson's well-known firmness and promptitude. On the 22d of August, he received a petition from certain indivi- duals, setting forth that certain papers of great importance to the rights of several orphan females, whose inheritance was under litigation, had been feloniously retained by the Spanish Ex-governor, Callava, and that they were in the hands of a man named Sousa. Jackson forthwith ordered three officers to wait upon Sousa, and demand the docu- ments. He exhibited them to the officers, but refused to give them up, as they had been intrusted to him by Cal- lava. On being summoned to appear before Jackson with the papers, Sousa returned for answer that they had been sent to the house of the Ex-governor. Two officers were directed to repair thither and demand them ; and if Cal- lava refused to dehver them up, to arrest both him and his steward, who had received them, and bring them before the governor. After considerable parleying, Callava finally refused, in the most positive terms, to surrender the documents, whereupon he was conducted, under a guard, to the office of Jackson. Arrived there, he persisted in his refusal, and commenced protesting against the course pursued by the general, who ingtantly committed him to prison. The box containing the papers was obtained the next morning, and opened by officers specially commissioned for that purpose. The papers sought for were found, to- gether with decrees which Callava had made, in favor of the heirs, but corruptly suppressed. The object of his imprisonment having been gained, the Ex-governor was released from custody. Previous to his discharge, a writ oi habeas corpus was issued to extricate him from his con- finement, by Mr. Fromentin, who had been appointed judge by the United States government, with a jurisdic lion expressly limited to cases arising under the revenue laws, and the acts of Congress prohibiting the introduc- tion of slaves. At this time, the general judiciary act had not been extended to Florida, and General Jackson pos- sessed, in his own person, by the terms of the law under HIS RESIGNATION. 171 which he was appointed, the sufHeme judicial power uni- formly exercised by the Spanish governors, captains-gene- ral, and intendants. He, of course, refused to obey the writ, and reprimanded Mr. Fromentin, in severe terms, for his interference. Callava afterwards attempted to excite a prejudice against General Jackson, by an exposition which was published m some of the American papers; but the statements made by him were shown to be so grossly false, that he-obtained little sympathy. The pro- ceedings of Jackson underwent the rigid scrutiny of a committee of the House of Representatives, and the result was his complete justification. Although the measures he adopted appeared harsh, the American people were ready to approve his conduct, when it was ascertained that it originated in a desire to carry out his own noble sentiment, that " the great can protect themselves, but the poor and humble require the arm and shield of the law." Several Spanish officers who had remained with Cal- lava, pubhshed an article in a Pensacola paper, after his discharge, in which the}^ accused the general of violence and tyranny. It was stipulated in the treaty that all Spa- nish officers should be^withdrawn from the territories, with- in six months after its ratification. More than this term had elapsed. Jackson issued a proclamation without de- lay, commanding them, as trespassers and disturbers of the public peace, to depart in the course of a week. They wisely obeyed the order and left the territory. About the same time, the Ex-governor of East Florida attempted to retain a number of important documents which should have been delivered up. When the fact came to his knowledge, the general tramsmitted his orders to take them by force, if they were withheld. The order was carried into effect ; the ex-governor protested against the act, but received little sympathy or encouragement. The ill health of General Jackson compelled him to resign his position in a few months. ^ On the 7th of Oc- tober, he delegated his power to his' secretaries, and re- turned to Nashville. In his valedictory address to the 172 LIFE OF JACKSOX. citizens of Florida, he informed them that he had com- pleted the temporary organization of the two provinces, and justified and defended the acts of his administration. It was with great regret that the people of the territory saw him depart, and the spontaneous manifestations of esteem and gratitude which were exhibited towards him, were both creditable to him and to those whom he had so faithfully served. RESIGNS HIS COMMISSION. 178 CHAPTER XI. 1821. Jackson resigns his office in the army — Testimonials of public respect — A candidate for the Presidency — Defeated in the House of Representatives — Election of Mr. Adams — Course of Jackson's friends — His renomination — Warmth of the contest — Elected pre- sident — Death of his wife — Kindness to her relatives — His first mes- sage — Veto of the Maysville road bill — Dissolution of the cabinet — Opposition to the United States Bank — Veto message — Re-elected president — Difficulty with the nullifiers — Assaulted by Lieutenant Randolph — Removal of the deposits — Public excitement — Con- troversy with France — Retirement to private life. 1837. The hardships and privations which General Jackson had experienced in his different campaigns against the Indians, so far undermined his health, that he was com- pelled to resign his commission in the army of the United States, and retire to private life. But the gratitude of the nation followed him in his retirement, and only waited the opportunity to confer upon him the high reward which was due to his long and faithful services. The citizens of Tennessee were not only proud of the distinguished reputation which reflected so much honor on his adopted state, but they were eager to evince to the world the favorable estitnation in which they regarded him. On the 4th day of July, 1822, the governor of the state, by order of the legislature, presented him with a sword, as a testimonial "of the high respect entertained for his public services ;" and on the 20th of August following, the same body recommend'ed him to the union for the office of president. This recommendation was repeated by the legislature of Alabama, and various meetings of private citizens in different sections of the country. In 1823, the oflice of Minister Plenipotentiary to the Mexican government was tendered to him by President Monroe ; 8* 174 LIFE OF JACKSON. but he declined its acceptance. He was again elected to the Senate of the United States, in the autumn of that year, and remained in the office until 1825. The canvass previous to the presidential election in 1824 commenced as early as the year 1822. A majority of the republican party, to which Jackson belonged, in the northern and middle states, were in favor of the nomina- tion of John Gluincy Adams, then secretary of state. The same party at the south and west, were divided between General Jackson, WiUiam H. Crawford, of Georgia, Henry Clay, of Kentucky, and John C. Calhoun, of South Caro- lina. During the congressional sessions in 1828 and 1824, the presidential question was constantly in agitation. The friends of Mr. Crawford were probably the most numerous in the two houses, but more than two-thirds of the mem- bers were in favor of some other candidate. It had usually been the custom to make the nominations in advance of the election, at a congressional caucus, and an effort was made at the session of 1824, to bring forward the name of Mr. Crawford in that way. A caucus was accordingly held, but it was not attended by a majority of the repub- lican members. The consequence was, that each section of the country was left at liberty to support whichever of the candidates was preferred. The election was con- ducted with considerable spirit and animation, and the result was, that no candidate received a majority of the electoral votes. On counting the official returns, it ap- peared that Andrew Jackson had received ninety-nine votes ; John duincy Adams, eighty-four ; William H. Crawford, forty-one, and Henry Clay, thirty-seven. The constitution of the United States provides that where no candidate for the presidency receives a majority of the electoral votes, the election shall be made by the House of Representatives, from the three highest on the list ; and that the members shall vote by states ; each state being entitled to but one vote. No choice having been made by the people at the election in 1824, the matter was brought forward at the ensuing session of Congress, and John Gluincy Adams was elected president, he havinfr received the votes of thirteen states. CHOSEN PRESIDENT. 175 Soon after the result of this election, Mr. Crawford withdrew from j^ublic life, in consequence of a severe bodily affliction. Mr. Clay was appointed Secretary of State under Mr. Adams, and the friends of Jackson and Crawford subsequently united in opposition to the then administration. The manner in which Jackson had been defeated, notwithstanding his having received the greatest number of votes, encouraged his friends and supporters, who were quite numerous, and devotedly attached to him, to make renewed efforts for the next election. An attempt was made to bring forward De Witt Clinton of the state of New York, as a candidate ; but he expressly refused to allow his name to be used in opposition to General Jack- son. The friends of Mr. Adams, however, took prompt measures to procure his re-election. In September, 1827, the general repubhcan committee of the city of New York, most of whom had previously been Crawford men, pre- sented Jackson as their candidate for the presidency. At the November election in that year, a large majority of the electors of the state expressed their approbation of the movement, by the choice of a majority of members of the legislature friendly to his nomination. This satis- factory evidence of the feehngs of the voters in so large and powerful a state, put an end to the idea of selecting any other candidate. His nomination was welcomed, with a feeling akin to enthusiasm, from one enxi of the union to the other, and the election, which took place in 1828, was one of the most animated and exciting which had been witnessed for several years. During the canvass, the partizans on both sides became quite exasperated, and much was said and written con- cerning the candidates, which might have been wisely mitted. Among other things, the private character and ublic acts of General Jackson were subjected to a severe and rigid scrutiny. The circumstances attending his mar- riage, his conduct during the campaign against the Creeks, the attack on Pensacola, the arrest of Judge Hall, and the trial and merited punishm.ent of Arbuthnot and Ambrister, were commented on in the harshest terms, and in many instances grossly misrepresented. These uncalled for at- 176 LIFE OF JACKSON. tacks produced no effect on the public mind, except that of enlisting a warmer feeling of sympathy in his behalf, and animating his friends to renewed exertion. The result of the election was, that General Jackson received one hundred and seventy-eight of the electoral votes, and Mr. Adams eighty-three. Not long after the result of the election was made known. General Jackson experienced a most afflicting bereavement, in the death of his amiable wife. To him the loss was irreparable. For many anxious years, when the duties of his position had called him from her side, by the lonely watch-fire, in the solitude of the forest, on the ramparts ot his intrenchments at New Orleans, amid the leafy hammocks and everglades of the far south, had he looked forward to his retirement from his public duties, comforted by the cherished hope that the evening of his days would be gilded with the halo of that deep and earnest affection which had ever been the light and the joy of the Hermitage. It was hard for him to part with one to whom he was so devotedly attached, just as he was entering upon the enjoyment of the crowning reward of a brilhant and prosperous career. "To the day of his death he continued to cherish her memory with a sincere and heart-felt reverence. Having no descendants of his own, he proved himself, if that were possible, even more than a father, to the younger branches of her family. He adopted them as his own, and always regarded them with marked favor and kindness. General Jackson entered upon the duties of the chief magistracy of the Union, on the 4th day of March, 1829. In his inaugural address, he set forth, in general terms, his views in regard to the administration of the govern- ment, and expressed the diffidence he felt on assuming the high and responsible station to which he had been ele- vated. His first annual message to the two Houses of Congress, delivered on the 8th day of December, 1829, contained a more full exposition of his opinions in regard to questions of public policy. He averred his determina- tion to bring the matters in dispute with Great Britain and France, growing out of the north-eastern boundary HIS FIRST MESSAGE. 1T7 question and the claims of American citizens for depreda- tions committed on their property, to a speedy settlement. He recommended the amendment of the constitution, so as to enable the electors of the country to vote directly for president and vice-president, the motli^pation of the tariff, the apportionment of the surplus revenue among the several states, provided it was " warranted by the consti- tution," and the removal of the Indian tribes beyond the Mississippi. He also expressed his doubts as to the pro- priety of renewing the charter of the United States Bank, and his belief that if a similar institution was thought ne- cessary for the purposes of the government, it should be exclusively a national one, founded upon the pubhc reve- nues and credit. In the month of May, 18;iO, a bill passed the two Houses of Congress, proposing to authorize " a subscription of stock in the Maysville, Washington, Paris, and Lexington Turnpike Road Company." On the 27th of the month, the president returned the bill with his objections to its passage. Although friendly to works of internal improvement, he stated that he was opposed to the construction of any work involving a claim of jurisdiction to the territory necessary to be occupied for its preserva- tion and use, paramount to the sovereignty of the state ; and to the appropriation of money " from the national trea- sury, in aid of such works when undertaken by state au- thority, surrendering the claim of jurisdiction." Believing that the bill under consideration was liable to both objec- tions, he withheld his official sanction. The annual message of the president in December, 1830, contained no new recommendations of special importance. His views in regard to the amendment of the constitution, the distribution of the surplus revenue, and the recharter of the United States Bank, were again presented to the consideration of Congress. During the session, a resolu- tion was presented by Colonel Benton in the Senate, de- claring that the charter of the bank ought not to be renewed, which was lost by a vote of twenty to twenty-three. At the time of General Jackson's election in 1828, it was thought that he might not be a candidate for re-elec- tion. Consequently, the question as to the selection of his 178 LIFE OF JACKSON. successor early attracted the attention of the poHticians at the seat of government. In the winter of 1830, consider- able ill feeling was produced in his cabinet, particularly on the part of the friends of the vice-president, Mr. Cal- houn, growing outof what was said to be the especial favor shown to Mr. Van Buren, secretary of state. An un- fortunate difficulty in regard to the family relations of several members of the cabinet, increased this ill-feeling to such an extent, that Mr. Van Buren, and Mr. Eaton, the secretary of war, tendered their resignations in April, 1831. On accepting the resignations, General Jackson signified to their associates his desire to reconstruct his cabinet, whereupon the other members resigned, and a new cabinet was formed which proved to be much more harmonious in its operations. It Avas always a prominent wish with Ceneral Jackson, to secure entire unanimity among his constitutional advisers ; and this did not proceed from any desire to exact a slavish subserviency to his views ; but it was the natural consequence of his remarkable energy and independence of character. Prepared at all times to as- sume every responsibihty connected with his administra- tion of the executive authority, he desired his cabinet to be a complete unit, and that it should adopt the plans and carry out the views approved by him whom the law and the constitution had recognised as its head. The president announced to Congress, at the session commencing in December, 1831, the fact that a treaty had been signed with France providing for the payment of the claims for illegal seizures and confiscations during the war with the allied powers. This had long been a vexed question of difference between the two governments, and its adjustment was ardently desired on all hands. On the 4th day of July, 1832, the bill to recharter the United States Bank, which had been passed by the two Houses of Congress, was presented to General Jackson. His views in regard to that institution were well known. Previous to his election to the presidency, he had, on several occa- sions, avowed his hostility to a continuance of the charter. On the 10th day of July, he returned the bill to the Senate, in which it originated, accompanied with his reasons for VETO OF THE UNITED STATES BANK. 179 declining to give the measure his approbation.* This was a bold and decided step on the part of the president. A-lthough many of his friends had long known what would be his decision, quite a number of them, and those among the most influential, were friendly to the bill, and indulged the hope that it would finally receive his sanction. When it became known that the veto-message was about to be sent in, he was beset with importunities to reconsider his determination. But the rock of Gibraltar could not have been more immovable. His opinions could not be changed, and the line of conduct he had marked out was fixed and unalterable. Whatever may be the views entertained in regard to the positions laid down in the veto-message of General Jack- son, no one can avoid admiring the unshrinking firmness and high moral courage displayed in his course on this question. The bank wielded an immense power. All classes, trades, and conditions, were more or less connected with its transactions. Its agents were scattered over the country, from one extremity to the other; and, as the se- quel proved, those who controlled its affairs were not un- willing to enter into the arena of pohtical strife, for the purpose of perpetuating its existence. General Jackson was renominated for the presidency, in 1S32, in connection with Martin Van Buren, of New York, as the candidate for vice-president. The incidents of this important elec- tion are not yet forgotten. The sudden contractions and expansions of the currency produced by the bank were severely felt. The moneyed interests of the country were temporarily deranged. The storm was a severe one. No public man of his da3^but AndrcAv Jackson, possessed the fearlessness requisite to encounter it. No man save him- self had that deep and abiding hold on the sympathies and affections of the American people, without which he would inevitably have been crushed. Nothing but his command- ing influence and wide-spread popularity, connected with the unflinching resoluteness of his character, enablea him, like the proud oak, to set the whirlwind at defianc**. ** See page 241. 180 LIFE OF JACKSON. Henry Clay was selected as the candidate of the oppo- nents of General Jackson's administration. The friends of Mr. Calhoun, in South Carolina, where the tariff ques- tion had already produced a most bitter feehng of hostihty to the general government, remained almost entirely aloof from the contest. The anti-masonic party in the northern states, which had recently been formed, supported Wilham Wirt of Maryland. A great deal of vindictiveness and animosity was engendered during the canvass, and much of the hostility evinced towards General Jackson during the remainder of his administration, may be traced to the veto and his subsequent re-election. The returns from the electoral colleges exhibited the following result : Andrew Jackson received two hundred and nineteen votes, and Henry Clay forty-nine ; John Floyd received the eleven electoral votes of South Carohna; and seven were given for Wilham Wirt in Vermont. The re-election of General Jackson, by so great a majority, in despite of the opposition arrayed against him, showed conclusively the extraordi- nary extent of his popularity and influence. During the summer and fall of 1832, the state of South Carohna was agitated with the throes of an incipient re- volution. It was claimed by Mr. Calhoun and his friends, who were known in the political parlance of the day, as nullifiers, that the operation of the revenue laws was so exceedingly unfair and unjust, that it released that state from all its obligations under the compact formed between the several members of the union. Arms were procured, and men organized into companies and regiments, under the orders of the state government, in order to resist the execution of the laws if an attempt were made to enforce- them within her boundaries. Such proceedings could not be suffered to pass unnoticed. President Jackson im- mediately caused the fortifications of the United States in that quarter to be amply provided and garrisoned, and the attention of Congress was called to the subject in his an- nual message. Soon after the message was dehvered, the information was received that a convention held in the state of South Carolina, had passed an ordinance de- claring the several acts of Congress to which objections ATTACK OF LIEUTENANT RANDOLPH. 181 bad been raised, to be unauthorized by the constitution and therefore null and void. The president forthwith issued his celebrated proclamation, which is deservedly regarded as one of the ablest state papers that ever came from his pen.* It is remarkable alike for the nervous eloquence of its style, and the glowing and earnest pa- triotism which breathes forth in every line. On the 16th of January, 1833, the proceedings of the nullifiers were made the subject of a special communication to Congress. This exciting controversy was terminated, after consider- able difficulty, by the passage of the Compromise Act, which contemplated an entire change in the tariff system of the country. In the spring of 1833, a personal attack was made upon General Jackson, which shows how httle age had dimmed the fire and intrepidity of his youth. On the 6th of May, he left Washington, in company with the members of his cabinet, and his private secretary, in compliance with the invitation of the " Monumental Committee" at Fredericks- burg, to lay the corner-stone of the pillar, to be erected in honor of the mother of Washington. "The day," says the correspondent of a public paper, " was mild, and the air soft and refreshing. After the company had assembled on board, they paid their respects to the Executive, which that venerable patriot received with the case and grace of the most finished gentleman of the old school. They then separated ; some of the party went upon the upper deck, to admire the picturesque and beautiful scenery of the surrounding country, whence, from the north round to the south, lay a line of high grounds, forming within their interior an extensive amphitheatre. On the south, was the broad and peaceful Potomac, stretching as far as the eye could reach. On the eastern branch of the river was to be seen the navy yard, and several of the public armed vessels lying in the stream, with our flag floating on the breeze ; and on the western branch, we had a distant but beautiful view of Georgetown, as it slopes from the high grounds to the river : and between that and the navy * See page 263. 182 LIFE OF JACKSON. yard, was to be seen the city of Washington, whence we had just taken our departure ; and from our situation we had, at one glance, a view of the bridge crossing the river, which exceeds a mile in extent, the chief magistrate's house, and the capitol, with its splendid dome, rearing its head over every other object. Among those who went upon the upper deck were the heads of departments. A group of ladies, with their attendants, were seated in the after part of the boat ; and an excellent band of music was playing several national airs as the steamer glided on her way, and shortly arrived at the city of Alexandria. Gene- ral Jackson had, just previous to the boat's reaching the wharf, retired to the cabin, and had taken his seat at a long table, which had been set preparatory for dinn'er. He was seated on the west side, and next to the berths, there being barely room enough left between the berths and table for a person to pass, by moving sidewise. Upon his left sat Mrs. Thruston, the wife of Judge Thruston, of Washington ; and on the opposite side of the table sat Major Donelson, the general's private secretary ; Mr. Pot- ter, a clerk in one of the departments at Washington ; and Captain Broome, of the marine corps. The president was reading a newspaper. While in this situation, (there being no other person in the cabin or near him,) a large number of citizens came on board, as it was supposed to pay their respects to him. Among the number was Ran- dolph, late a lieutenant in the navy. He made his way into the cabin, and after speaking to Captain Broome, who had long been acquainted with him, he immediately ad- vanced between the table and the berths towards the pre- sident, as if to address him. The president did not know him, and it seems that Captain Broome did not mention his name, because, he said, he believed that the object of his visit was to present a petition praying to be restored to the navy again ; still, as the captain did not know that that was the object of his visit, and fearing, as he said, that he might intend to commit some act of violence, he stepped quickly to the same side of the table, and ad- i vanced up to and near Randolph, who had by this time come so near General Jackson as to be observed by him, ATTACK OF LIEUTENANT RANDOLPH. 183 who, supposing it was some person about to salute him, said that he was afflicted with a severe pain in his side, and begged to be excused for not rising ; and seeing that Randolph had some difficuUy in pulling off his glove, he stretched oat his hand towards him, saying, at the same time, "Never mind your glove, sir." Upon this, Ran- dolph thrust one hand violently into, the president's Aice ; but before he could make use of the other, or repeat his blow. Captain Broome seized and drew him off towards the door. A part of the table was broken down in the scuffle. Mr. Potter thrust his umbrella at Randolph across the table, at the moment Captain Broome seized him ; whereupon, Randolph's friends clenched him, hurried him out of the cabin, and off from the boat, leaving his hat be- hind. This was done so quickly that the few persons who were near the president were not aware of it, as they had all turned round after pushing Randolph away, to inquire whether or not the chief magistrate was much hurt. He was so confined behind the table, that he could not rise with ease, nor could he seize his cane in time to defend himself. The news of this outrage was soon cir- culated around the boat, and at first it seemed so incredible that no one could be found to believe it ; all, however, im- mediately repaired to the cabin, and heard the president relate the story himself. '• Had I been apprized," said he, " that Randolph stood before me, I should have been prepared for him, and I could have defended myself. No villain," said he, " has ever escaped me before ; and he would not, had it not been for my confined situation." Some blood was seen on his face, and he was asked whether he had been much injured. " No," said he, " I am not much hurt ; but in en- eavoring to rise, I have wounded my side, which now pains me m»re than it did." About this time, one of the citizens of Alexandria, who had heard of the outrage, addressed the general, and said: " Sir, if you will pardon me, in case I am tried and con- victed, 1 will kill Randolph for this insult to you, in fifteen minutes !" "No sir," said the president, "I cannot do that! I 184 LIFE OF JACKSON. # want no man to stand between me and my assailants, and none to take revenge on my account. Had I been pre- pared for this cowardly villain's approach, I can assure you all, that he would never have the temerity to under- take such a thing again." General Jackson had for some time been firmly im- pressed with the belief that the public deposits with the United States Bank were far from being safe, and in the summer of 1883 he decided to cause them to be removed. At tne close of the previous session of Congress, a resolu- tion was adopted in the House of Representatives, declar- ing that they might be safely continued with the bank ; but, in the vacation, circumstances transpired connected with the speculations of the bank, which, as the president thought, called for prompt action. Mr. Duane, the Se- cretary of the Treasury, refused to carry out the wishes of the president, and he was forthwith removed, to make room for Mr. Taney, then Attorney-General, and after- wards Chief Justice of the Supreme Court. The deposits were withdrawn from the bank in October, and the con- test between the friends of that institution and the ad- herents of General Jackson was renewed with increased asperity and violence. At the next session of Congress the subject was brought up, and for weeks formed the principal topic of discussion. Several very able speeches were made by the leading politicians belonging to the two parties. On the 28th of March, a resolution was adopted in the Senate, which had been offered by Mr. Clay, ex- pressing the opinion that the president, in his proceedings in relation to the public revenue, had " assumed upon himself authority and power not conferred by the consti- tution and laws, but in derogation of both." On the 15th of April following, the president sent a message to the Senate, respectfully protesting against their impeachment of his official acts, and requesting his commLmication to be entered on the journals.* The controversy between the president and Senate was carried so far, that that body refused to confirm a large number of his appointments, in many instances solely upon poHtical grounds. At several * See page 284. % HIS FINAL RETIREMENT. 185 subsequent sessions, the removal of the deposits was dis- cussed in Congress. Mr. Benton, of Missouri, at an early- day, made a movement in favor of expunging the resolu- tion of censure from the journals of the senate. After several ineffectual attempts, a vote to that effect was adopted in the Senate, in conformity with the expressions of several pubhc meetings, and the instructions of the legis- latures of different states. The resolution was ordered to be expunged, by drawing black lines across and around it. In his annual message on the 3d of December, 1833, General Jackson informed Congress that the French go- vernment had failed to pay the instalment required by the stipulations of the convention concluded on the 4th of July, 1831. At the next session he again called their attention to the continued delay in the payment of the money, and recommended the passage of a law authorizing reprisals upon French property, in case provision should not be made for it at the appiaiching session of the Chamber of, Deputies. The prompt and decisive tone of the president's message startled the chivalric feelings of the French nation. The passports of the American minister were tendered to him, and a serious rupture was confidently anticipated. The unyielding firmness of General Jackson, and the sense of justice which soon prevailed in the French Chamber, averted the danger, and restored the peace and harmony previously existing between the two nations. Nothinsc of unusual interest occurred during- the admi- nistration of General Jackson, after the amicable settlement of the difficulty with France. The severe panic which followed the derangement of the currency, consequent upon the efforts of the bank to procure a renewal of its charter, was followed by a season of unexampled prosperity. In 1835, the pubhc debt was entirely liquidated ; and on the fmal retirement of General Jackson to private life, in the spring of 1837, he issued a farewell address to the Ame- rican people, setting forth the principles upon which he had conducted the affairs of government, and congratulat- ing them on the peace and happiness which they enjoyed.* ■ • See page 350. 186 LIFE OF JACKSON. CHAPTER XII. 1837. Ill health of General Jackson— Arrival at the Hermitage- Influence with his party — Friendly to the annexation of Texas— His occupations — Embarrassed in his pecuniary affairs — Refunding of the fine imposed by Judge Hall — Failure of his health — His last illness — His Christian resignation and death — Honors paid to his memory— Remarks of Reverdy Johnson — Speech of Daniel Web- ster — Character of Jackson — His qualifications as a soldier and statesman— Attachment to his friends — His personal appearance — His patriotism. 1845. A SHORT time previous to the termination of his official career, General Jackson was attacked with a severe he- morrhage of the lungs, which for some days incapacitated him from attending to business. He recovered, however, sufficiently to be present at the inauguration of his suc- cessor, and take part in the ceremonies of the day. On his arrival at the Hermitage he was quite weak and infirm, but the relaxation from mental labor, and the kind atten- tions of his adopted children, soon restored him to com- parative strength and health, though he still suffered much from the diseased state of his lungs. The various questions of public policy which afterwards agitated the country, and the movements of the two great poHtical parties in the nation, did not fail to excite his attention. His in- fluence was silently exerted and felt in our national poli- tics up to the day of his death. He was still regarded as the leader of the party which had so long looked up to him as its head, and on all important occasions was con- sulted with as much veneration as were the oracles of olden time. He was, from the first, the warm and steadfast friend of the annexation of Texas to the Union. In the settlement of the Oregon boundary question he took a deep interest, though he did not live to see the boundary finally adjusted. HIS LAST ILLNESS. 187 Most of General Jackson's time, in his retirement, was spent in ministering to the comforts of those who were dependent on him, and in overseeing the labor performed on his estate. He was a sincere and devout communicant of the Presbyterian church, and he erected a house of worship in the immediate vicinity of the Hermitage, for the convenience of his family and servants. Towards the close of his life he became involved in his circumstances, on account of some endorsements for a friend. When his conditidR was made known, several offers were made to extend him such pecuniary assistance as he might need. At the session of 1844-5, a Jaw was passed by Congress, providing for the reimbursement of the fine of one thou- sand dollars paid by General Jackson at New Orleans, with interest from the time of its original payment. This act of justice, tardy as it was, was peculiarly grateful to the feelings of the general, and it served to sweeten the clos- ing reflections of his life. For several months previous to his decease, the health of General Jackson began rapidly to fail. His constitu- tion had been originally strong and vigorous, but exposure and privation during his -Indian campaigns seriously im- paired his physical vigor. A gentleman who visited him in the month of May, 1845, states that he had not, at that time, been in a condition to lie down for four months. His whole system was invaded with dropsy; he had not suffi- cient strength to stand ; and his disease was attended with so much bodily pain, that he could obtain no sleep except by means of opiates. While in this dying condition, his por- trait was taken by an artist employed for the purpose by Louis Phillippe, King of the French, who designed to place it by the side of Washington's in his gallery. He was con- stantly cheered by the visits of his old and attached per- sonal friends ; and the consolations of religion, to which he loved to resort, were a never-failing solace to his heart. On one occasion he remarked to a clergyman who called upon him, that he was "in the hands oi' a merciful God. I have full confidence," said he, "in his goodness and mercy. My lamp of life is nearly out, and the last glim- mer is come. I am ready to depart when called. The 9 • 188 LIFE OF JACKSON. Bible is true. The principles and statutes of that holy book have been the rule of my life, and I have tried to conform, to its spirit as near as possible. Upon that sacred volume I rest my hope of eternal salvation, through the merits and blood of our blessed Lord and Savior, Jesus Christ." General Jackson continued to grow more feeble, until Sunday, the 8th day of June, 1845. Early in the morn- ing of that day he swooned, and for some time was sup- posed to be dead. On reviving from the swoon, he became conscious that the spark of life was nearly extinguished, and, expecting to die before another sun would set, he sent for his family and domestics to come and receive his dying benediction. His remarks, it is said, were full of affection and Christian resignation. His mind retained its vigor to the last, and his dying moments, even more than his earlier years, exhibited its highest intellectual light. To his fa- mily and friends he said : — " Do not grieve that I am about to leave you, for I shall be better off. Although I am af- jfiicted with pain and bodily suffering, they are as nothing compared with the sufferings of the Savior of the world, who was put to death on the accursed tree. I have ful- filled my destiny on earth, audit is better that this worn- out frame should go to rest, and my spirit take up its abode with the Redeemer." He continued thus to address his relatives and friends, at intervals, during the forenoon, and, as the attending physi- cian. Dr. Esleman, remarked, his confidence and faith in the great truths of religion seemed to be more firm and unwavering than any man he had ever seen die. He ex- pressed a desire that Dr. Edgar, of the Presbyterian church, should preach his funeral sermon, and that no pomp or parade should be made over his grave. After years of patient suffering and endurance, the aged soldier and statesman thus quietly sunk into his last sleep. Calm and self-collected, though oppressed with pain, he yielded up his spirit with the resignation of a Christian. His death took place on the evening of the 8th of June, in the seventy-ninth year of his age.. The death of such a man, of one who had occupied so prominent a place in the affairs of the nation, and rendered RESPECT TO HIS MEMORY. 189 SO many signal services to his country, was not to be re- garded as a thing of idle moment. Political opponents and friends met together like brethren, to offer the last tribute to his memory ; and the rancorous hostility of the partisan was forgotten, as he bent over the grave of Andrew Jackson, and involuntarily bedewed it with his tears. Throughout the union, the respect paid to his memory was both solemn and impressive. All the courts and public bodies in session adjourned on receiving the intelhgence. Funeral processions were formed, and ad- dresses delivered in all the principal cities ; and nothing was left undone to evince the sincere regard for his cha- racter which was universally entertained. Among the eloquent tributes which the occasion elicited, the annexed remarks of Reverdy Johnson, a senator in Congress /rom the state of Maryland, and a pohtical opponent of General Jackson, before the Court of Appeals of that state, richly deserve a perusal : " May it please the court — I rise to announce to the court the death of a great American, and to ask, in behalf of my brethren of the bar, as a respect justly due to his memory, that the court at once adjourn. " Andrew Jackson is no more.. A long and trying ill- ness is at last terminated, and his spirit has winged its flight, I trust, to heaven. The life and character of the deceased have for many years filled a large space in the pubhc eye ; and perhaps no man has ever hved amongst . us, whose popularity or influence with the American people was deeper seated, or more commanding. "I need not inform the court, that the administration of the general government by this eminent citizen, during his presidency, in almost every particular of it, except his noble stand against the perilous and unconstitutional doc- trine of nullification, did not receive the approval of a large political party of the country ; but as a member of that party, I never doubted that he was in heart and soul a patriot, deeply attached to the free institutions under which we hve, and ardently sohcitous for the honor and proaperity of the nation. I&D LIFE OF JACKSON. « It is a redeeming- trait in the character of our people, and greatly diminishes the mischiefs of mere party spirit, that we instinctively, when the nation is called upon to vindicate its honor, are found, to a man, united ; and that on the death of a great and patriotic citizen, we are alike found, without regard to party, joining in a national la- mentation at the afflictive event. " In this instance, there were in the eventful life of the de- ceased, deeds of service rendered the country, by which we all feel that the national glory was eminently subserved. " His military course seemed to know no disaster. With him, to go to battle was to go to victory. Whether war- ring at the head of American troops, with the cunning and daring of savage valor, or with the bravery and skill of the best disciplined army of the European world, the result was ever the same — a triumph. The crowning glory of his military life, the Battle of New Orleans, whilst it immeasurably increases the fame of our arms, will, in all future time, serve as a beacon to protect our soil from hostile tread. " In honor of such a man, it is fit that, in every portion of this great nation, due respect should be shown to his fnemory ; and I therefore move the court to gratify the feeUngs of the bar, as I am sure they will their own, by adjourning for the day." When the intelHgence of the death of General Jackson reached New York, a special meeting of the New York Historical Society, of which the deceased was a member, was called, in order to express their regret at the national bereavement, and adopt measures for evincing their re- spect. Daniel Webster was present at the meeting, and made the following remarks, alike creditable to his head and his heart. " Nothing could be more natural or proper, than that this society should take a respectful notice of the decease of so distinguished a member of its body. Accustomed occasionally to meet the society, and to enjoy the com- munications that are made to it, and proceed from it, illus- trative of the history of the country and its governinent, REMARKS OP DANIEL WEBSTER. 191 I have pleasure in being present at this time also* and on this occasion, in which an element so mournful mingles, itself. General Andrew Jackson has been from an early period conspicuous in the service and in the councils of the country, though not without long intervals, so far as respects his connection with the general government. It is fifty years, I think, since he was a member of the Con- gress of the United States, and at the instant, sir, I do not know whether there be living an associate of General Jackson in the House of Representatives of the United States at that day, with the exception of the distinguished and venerable gentleman who is now president of this society. I recollect only of the Congress of '96, at this moment now living, but one — Mr. Gallatin — though I may be mistaken. General Jackson, Mr. President, while he lived, and his memory and character, now that he is deceased, are presented to his country and the world in different views and relations. He was a ^oldier — a general officer — and acted no unimportant part in that capacity. He was raised by repeated elections to the highest stations in the civil government of his country, and acted a part certainly not obscure or unimportant in that character and capacity. *' In regard to his military services, I participate in the general sentiment of the whole country, and I believe of the world. That he was a soldier of dauntless courage — great daring and perseverance — an officer of skill, and arrangement, and foresight, are truths universally admitted. During the period in which he administered the general government of the country, it was my fortune, during the whole period of it, to be a member of the Congress of the United States, and as it is well known, it was my mis- fortime not to be able to concur with many of the most important measures of his administration. Entertaining nimself, his own views, and with a power of impress- ing them, to a remarkable degree, upon the conviction and approbation of others, he pursued such a course as he thought expedient in the circumstances in which he was placed. Entertaining on many questions of great importance, different opinions, it was of course my mis- 193 LIFE OF JACKSON. fortune to differ from him, and that difference gave me great pain, because, in the whole course of my puUic hfe, it has been far more agreeable to me to support the measures of the government, than to be called upon by my judgment, and sense of what is to be done, to oppose them. I desire to see the government acting with a unity of spirit in all things relating to its foreign relations, espe- cially, and generally in all great measures of domestic pohcy, as far as is consistent with the exercise of perfec independence among its members. But if it was my mis- fortune to differ from General Jackson on many, or most of the great measures of his administration, there were oc- casions, and those not unimportant, in which I felt it my duty, and according to the highest sense of that duty, to conform to his opinions, and support his measures. There were junctures in his administration — periods which I thought important and critical — in which the views he thought i^roper to adopt, corresponded entirely with my sentiments in regard to the protection of the best interests of the country, and the institutions under which we live ; and it was my humble endeavor on these occasions to yield to his opinions and measures, the same cordial sup- port as if I had not differed from him before, and expected never to differ from him again. " That General Jackson was a marked character — that he had a very remarkable influence over other men's opinions — that he had great perseverance and resolution in civil as well as in mihtary administration, all admit. Nor do I think that the candid among mankind will ever doubt that it was his desire — mingled with whatsoever portion of a disposition to be himself instrumental in that exaltation — to elevate his country to the highest prosperity and honor. There is one sentiment, to which I par- ticularly recur, always with a feeling of approbation and gratitude. From an earlier period of his undertaking to administer the affairs of the government, he uttered a sentiment dear to me — expressive of a truth' of which I am most profoundly convinced — a sentiment setting forth the necessity, the duty, and the patriotism of maintaining the union of these states. Mr. President, I am old enough HIS CHARACTER. 193 to recollect the deaths of all the presidents of the United States who have departed this life, froth Washington down. There is no doubt that the death of an individual, who has been so much the favorite of his country, and partaken so largely of its regard as to fill that high office, always produces — has pjjoduced, hitherto, a strong im- pression upon the pubhc mind. That is right. It is light that such should be the impression upon the whole community, embracing those who particularly approved, and those who did not particularly approve the political course of the deceased. " All these distinguished men have been chosen of thdr country. They have fulfilled their station and duties upon the whole, in the series of years that have gone before us, in a manner reputable and distinguished. Under their • administration, in the course of fifty or sixty years, the government, generally speaking, has prospered, and under the government, the people have prospered. It. becomes, then, all to pay respect when men thus honored are called to another world. Mr. President, we may well indulge the hope and belief, that it was the feeling of the dis- tinguished person who is the subject of these resolutions, in the solemn days and hours of closing life — that it was his wish, if he had committed few or more errors in the ad- ministration of the government, that their influence might cease with him ; and that whatever of good he had done, might be perpetuated. Let us cherish the same senti- ment. Let us act upon the same feeling; and whatever of true honor and glory he acquired, let us all hope that it will be his inheritance' for ever ! And whatever of good example, or good principle, or good administration, he has established, let us hope that the benefit of it may also be perpetual." Andrew Jackson was, indeed, no ordinary man. The estimation in which he was held by his countrymen, the respect paid to his memory at home and abroad, are suffi- cient to confirm it, even if there could be a doubt. In many respects he was one of the most remarkable men that ever hved. As a soldier, he was prompt and reso- 194 LIFE OF JACKSON. lute, stern and inflexible. With an intuitive sagacity, he foresaw danger, and was always prepared against it. His thoughts and perceptions were rapid, and his plans were often formed and executed before others had time for de- liberation. It was this celerity in his movements that secured many of his laurels. His courage and fortitude were both unquestioned. The principle of fear did not enter into his composition. He certainly could not have understood the meaning of the word. The cheerfulnes with which he shared the privations of his soldiers, shows tljat he possessed an entire indifference to hardship and suffering. But one of the most striking features in his character was his readiness in adapting himself to every position in which he was placed. There are many men who can do well, when the occasion does not overmatch them ; but Jackson always rose with the occasion ; and in the merest personal altercation, the same commanding traits were exhibited, which sustained themselves in a higher and nobler flight, on the field of battle, where the fate of nations depended on the issue of the day. As a statesman. General Jackson was clear-headed and sagacious. When he had once determined upon a par- ticular course, where any important principle was involved, he could not be swerved from what he conceived to be just and right. He never shrunk from the discharge of any public duty, and was always ready to avow any and every act of his administration, and unshrinkingly to abide the consequences. Never behind his party, but always in the advance, he eagerly sought for opportunities to carry out the principles by which he was guided. In private life, Jackson was kind-hearted, and generous in his disposition. His reputation was pure and unsullied. He abhorred every thing mean and groveUing, and cherished an instinc- tive hatred for what was dishonorable. He was irritable in his temperament, however, and easily excited. Yet, notwithstanding the impetuosity of his disposition fre- quently carried him beyond the hmits of prudence and moderation, it was this trait in his character which saved New Orleans from plunder and devastation. His attach- ments were warm and sincere. He never forgot a HIS CHARACTER. 195 favor, or failed to remember a friend. He was devotedly- attached to his country, her interests, and her institutions. It may well be, that flattery, and there are few men who cannot be swerved by its seductions, sometimes induced him to commit an unintentional wrong, in the effort to favor the wishes of some active and influential partisan ; but for all that, he was none the less a patriot. In person, General Jackson was tail, and remarkably thin and erect. His weight bore no proportion to His height ; and his frame did not appear fitted for such trials as he had encountered. His features were large ; his eyes dark-blue, with a keen and strong glance ; his eye- brows arched and prominent ; and his complexion, that of the war-worn soldier. It is hardly to be anticipated, perhaps, that full and complete justice will be rendered to Andrew Jackson during the present generation. Men may differ in regard to the propriety of his conduct, and the wisdom of his measures, and unintentionally do injustice to his mmy noble quaUties. Still, it is not too much to hope that the valuable services rendered to his countr}^ connected though they be with the stern and high-handed measures adopted by his iron will, may be cherished with gratitude and respect ; and that the soldier, the statesman, the patriot, and the Chris- tian, may be honored by a nation's blessing, and remem- bered in a nation's prayers. 196 LIFE OF JACKSOIT. CHAPTER XIII. Eulogy on the Life and Character of General Jackson, delivered at Washington, June 27, 1845. Bij the Hon. George Bancroft. The men of the American Revolution are no more ! That age of creative power has passed away. The last surviving signer of the Declaration of Independence has long since left the earth. Washington lies near his own Potomac, suiTOunded by his family and his servants. Adams, the Colossus of Independence, reposes in the modest grave-yard of his native region. Jefferson sleeps on the heights of his own Monticello, whence his eye overlooked his beloved Virginia. Madison, the last sur- vivor of the men who made our constitution, lives only in our hearts. But who shall say that the heroes, in whom the image of God shone most brightly, do not live forever ? They were filled with the vast conceptions whieh called America into being ; they lived for those conceptions, and their deeds praise them. We are met to commemorate the virtues of one who shed his blood for our independence, took part in winning the territory and forming the early institutions of the West, and was imbued with all the great ideas which constitute the moral force of our country. On the spot where he gave his solemn fealty to the people — here, where he pledged himself before the world, to freedom, to the constitution, and to the laws — we meet to pay our tribute to the memory of the last great name, which gathers round itself all the associations that form the glory of America. South Carolina gave a birthplace to Andrew Jackson. On its remote frontier, far up on the forest-clad banks of the Catawba, in a region where the settlers were just beginning to cluster, his eye first saw the light. There Bancroft's eulogy. 19t his infancy sported in the ancient forests, and his mind was nursed to freedom by their influence. He was the youngest son of an Irish emigrant of Scottish origin, who, two years after the great war of Frederic of Prussia, fled to America for relief from indigence and oppression. His birth was in 1767, at a time when the people of our land were but a body of dependent colonists, scarcely more than two millions in number, scattered along an immense coast, with no army, or navy, or union ; and exposed to the attempts of England to control America by the aid of military force. His boyhood grew up in the midst of the contest with Great Britain. The first great political truth that reached his heart was, that all men are free and equal ; the first great fact that beamed on his understanding was, his country's independence. The strife, as it increased, came near the shades of his upland residence. As a boy of thirteen, he witnessed the scenes of horror that accompany civil war ; and when but a year older, with an elder brother, he shouldered his musket, and went forth to strike a blow for his country. Joyous era for America and for humanity! But for him, the orphan boy the events were full of agony and grief. His father ^\ias no more. His oldest brother fell a victim to the war of the Revolution ; another (his com- panion in arms) died of wounds received in their joint captivity : his mother went down to the grave a victim to grief and efforts to rescue her sons ; and when peace came, he was alone in the world, with no kindred to cherish hinr, and httle inheritance but his own untried powers. The nation which emancipated itself from British rule organizes itself; the confederation gives way to the con- stitution; the perfecting of that constitution — that grand event of the thousand years of modern history — is accom- plished! America exists as a people, gains unity as a government, and takes its place as a nation among the powers ef the earth. The next great office to be performed by America is the taking possession of the wilderness. The magnifi- 198 LIFE OF JACKSON^ cent western valley cried out to the civilization of popular power, that it must be occupied by cultivated man. Behold, then, our orphan hero, sternly earnest, con- secrated to humanity from childhood by sorrow, having neither father, nor mother, nor sister, nor survi^dng bro- ther ; so young, and yet so solitary, and therefore bound the more closely to collective man — behold him elect for his lot, to go forth and assist in laying the foundations of society in the great valley of the Mississippi. At the very time when Washington was pledging his own and future generations to the support of the popular institutions which were to be the hght of the human race — at the time when the institutions of the Old World were rocking to their centre, "and the mighty fabric that had come down from the middle ages, was falling in — the adventurous Jackson, in the radiant glory and bound- less hope and confident intrepidity of twenty-one, plunged into the wilderness, crossed the great mountain-barrier that divides the western waters from the Atlantic, fol- lowed the paths of the early hunters and fugitives, and, not content with the nearer neighborhood to his parent state, went still further and further to the west, till he found his home in the most beautiful region on the Cum- berland. There, from the first, he was recognised as the great pioneer; under his courage, the coming emigrants were sure to find a shield. The lovers of adventure began to pour themselves into the territory, Avhose delicious climate and fertile soil in- vited the presence of social man. The hunter, with his rifle and his axe, attended by his wife and children ; the herdsman, driving the few cattle that were to multiply as they browsed ; the cultivator of the soil — all came to the inviting region. Wherever the bending mountains opened a pass ; wherever the buffaloes and the beasts of the forest had made a trace, these sons of nature, children of humanity, in the highest sentiment of personal free- dom, came to occupy the beautiful wilderness whose prairies blossomed everywhere profusely with wild flow- ers ; whose woods in spring put to shame, by their mag- nificence, the cultivated gardens of man. BANCROFT'S EULOGY. 199 And now that these unlettered fugitives, educated only by the spirit of freedom, destitute of dead letter erudition, but sharing the living ideas of the age, had made their homes in the west — what would follow? Would they degrade themselves to ignorance and infidel- ilp ? Would they make the solitudes of the desert ex- cuses for licentiousness ? Would the doctrines of freedom lead them to live in unorganized society, destitute of laws and fixed institutions ? At a time when European society was becoming broken in pieces, scattered, disunited, and resolved into its ele- ments, a scene ensued in Tennessee, than which nothing- more beautifully grand is recorded in the annals of the race. These adventurers in the wilderness longed to come together in organized society. The overshadawing genius of their time inspired them with good designs, and filled them with the counsels of wisdom. Dwellers in the for- est, freest of the free, bound in the spirit, they came up by their representatives, on foot, on horseback, through the forest, along the streams, by the buffalo traces, by the Indian paths, by the blazed forest avenues, to meet in convention among the mountains at Knoxville, and frame for themselves a constitution. Andrew Jackson was there, the greatest man of them all — modest, bold, determined, demandingj^othing for himself, and shrinking from nothing that his heart approved. The convention came together on the 11th day of January, 1796, and finished its work on the 6th day of February. How had the wisdom of the Old World vainly tasked itself to frame constitutions, that could, at least, be the subject of experiment! the men of Tennessee, in less than twenty-five days, perfected a fabric, which, in its essential forms, was to last for ever. Tliey came together full of faith and reverence, of love to humanity, of con- fidence in tritth. In the simplicity of wisdom, they framed their constitution, acting under higher influences than they were conscious of — They wrought in sad sincerity, Themselves from God thev could not free ; 200 LIFE OF JACKSON. They builded better than they knew ; The conscious stones to beauty grew. In tl>e instrument which they framed, they embodied their faith in God, in the immortal nature of man. They gave the right of suffrage to every freeman ; they vindi- cated the sanctity of reason, by giving freedom of speerti and of the press ; they reverenced the voice of God, as it speaks in the soul of man, by asserting the indefeasible right of man to worship the Infinite according to his con- science ; they established the freedom and equahty of elections ; and they demanded from every future legislator a solemn oath "never to consent to any act or thing- whatever, that shall have even a tendency to lessen the rights of the people." These majestic lawgivers, wiser than the Solons and Lycurguses and Numas of the Old World — these pro- phetic founders of a state, who embodied in their consti- tution the sublimest truths of humanity, acted without reference to human praises. They kept no special record of their proceedings ; they took no pains to vaunt their deeds ; and when their work was done, knew not that they had finished one of the sublimest acts ever performed among men. They left no record, as to whose agency was conspicuous, whose eloquence swayed, whose generous will predominated; nor should we know, but for tradition, confirmed by what followed among themselves. The men of Tennessee were now a people, and they were to send forth a man to stand for them in the Con- gress of the United States — that avenue to glory — that home of eloquence — the citadel of popular power; and, with one consent, they united in selecting the foremost man among their lawgivers — Andrew Jackson. The love of the people of Tennessee followed him to the American Congress, and he had served but a single term, when the state of Tennessee made * him one of its representatives in the American Senate, where he sat under the auspices of Jefferson. Thus, when he was scarcely more than thirty, he had BANCROFT'S EULOGY. 201 guided the settlement of the wilderness; swayed the deliberation of a people in establishing its fundamental laws ; acted as the representative of that people, and again as the representative of his organized state, disciplined to a knowledge of the power of the people, and the power of the states; the associate of repubhcan statesmen, the friend and companion of Jefferson. The men who framed the constitution of the United States, many of them, did not know of the innate life and self-preserving energy of their work. They feared that freedom could not endure, and they planned a strong- government for its protection. During his short career in Congress, Jackson showed his quiet, deeply seated, innate, intuitive faith in human freedom, and in the institutions of freedom. He was ever, by his votes and opinions, found among those who had confidence in humanity ; and in the great division of minds, this child of the woodlands, this representative of forest hfe in the west, was found modestly and firmly on the side of freedom. It did not occur to him to doubt the right of man to the fi-ee developement of his powers ; it did not occur to him to seek to give durability to popu- lar institutions, by giving to government a strength inde- pendent of popular will. From the first, he was attached to the fundamental doctrines of popular power, and of the policy that favors it; and though his reverence for Washington surpassed his reverence for any human being, he voted against the address from the House of Representatives to Washington on his retirement, because its language appeared to sanc- tion the financial policy which he beheved hostile to republican freedom. During his period of service in the Senate, Jackson was elected major-general by the brigadiers and field officers of the militia of Tennessee. Resigning his place in the Senate, he was made judge of the supreme com-t in law and equity ; such was the confidence in his integ- rity of purpose, his clearness of judgment, and his vigor of will to deal justly among the turbulent who crowded into the new settlements of Tennessee. 202 LIFE OF JACKSON. Thus, in the short period of nine years, Andrew Jack- son was signalized by as many evidences of public esteem as could fall to the lot of man. The pioneer of the wil- derness, the defender of its stations, he was their lawgiver, the sole representative of a new people in Congress, the representative of the state in the Senate, the highest in judicial office. He seemed to be recognised as their first love of hberty, the first in the science of legislation, in judgment, and integrity. Fond of private life, he would have resigned the judicial office; but the whole country demanded his service. *' Nature," they cried, " never designed that your powers of thought and independence of mind should be lost in retirement." But after a few years, relieving himself from the cares of the bench, he gave himself to the activity and the independent life of a husbandman. He carried into retirement the fame of natural intelligence, and was cherished as "a prompt, frank, and ardent soul." His vigor of character constituted him first among all with whom he associated. A private man as he was, his name was familiarly spoken round every hearth-stone in Ten- nessee. Men loved to discuss his quahties. All discerned his power; and when the vehemence and impetuosity of his nature were observed upon, there were not wanting those who saw, beneath the blazing fires of his genius, the solidity of his judgment. His hospitable roof sheltered the emigrant and the pioneer ; and, as they made their way to their new homes, they filled the mountain-sides and the valleys with his praise. Connecting himself, for a season, with a man of busi- ness, Jackson soon discerned the misconduct of his asso- ciate. It marked his character, that he insisted, himself, on paying every obligation that had been contracted ; and rather than endure the vassalage of debt, he instantly parted with the rich domain which his early enterprise had acquired — with his own mansion— with his fields which he himself had first tamed to the ploughshare — with the forest whose trees were as familiar to him as his friends — and chose rather to dwell, for a time, in a rude log-cabin, in the pride of independence and integrity. BANCROFT'S EULOGY. 203 On all great occasions, Jackson's influence was deferred to. When Jefferson had acquired for the country the whole of Louisiana, and there seemed some hesitancy, on the part of Spain, to ackrwwledge our possession, the ser- vices of Jackson were solicited by the national administra- tion, and were not called into full exercise, only from the peaceful termination of the incidents that occasioned the summons. In the long series of aggressions on the freedom of the seas, and the rio-hts of the American flao- Jackson was on the side of his country, and the now maritime code of republicanism. In his inland home, where the roar of the breakers was never heard, and the mariner was never seen, he resented the continued ao-o-ression on our com- merce and on our sailors. When the continuance of wrong compelled the nation to resort to arms, Jackson, led by the instinctive know- ledge of his own greatness, yet with a modesty that would have honored the most sensitive delicacy of nature, con- fessed his willingness to be employed on the Canada frontier ; and it is a fact, that he aspired to the command to which Winchester was appointed. We may ask, what would have been the result, if the command of the north- western army had, at the opening of the war, been intrust- ed to a man who, in action, was ever so fortunate, that his vehement will seemed to have made destiny capitulate to his designs ? The path of duty led him in another direction. On the declaration of war, twenty-five hundred volunteers had risen at his word to follow his standard; but by countermanding orders from the seat of government, the movement was without eff'ect. A new and great danger hung over the West. The Indian tribes were to make one last effort to restore it to its solitude, and recover it for savage life. The brave, relentless Shawnees — who, from time immemorial, had strolled from the waters of the Ohio to the rivers of Ala- bama — were animated by Tecumseh and his brother the Prophet, who spoke to them as with the voice of the . Great Spirit, and aroused the Creek nation to desperate 204 LIFE OF JACKSON. massacres. Who has not heard of their terrible deeds, when their ruthless cruelty spared neither sex nor age ? when the infant and its mother, the planter and his fam- ily, who had fled for refuge to the fortress, the garrison that capitulated — all were slain, and not a vestige of de- fence was left in the country ? The cry of the West demanded Jackson for its defender ; and though his arm was then fractured by a ball, and hung in a sling, he placed himself at the head of the volunteers of Tennessee, and resolved to terminate forever the hereditary struggle. Who can tell the horrors of that campaign ? Who can paint rightly the obstacles which Jackson overcame — mountains, the scarcity of untenanted forests ; winter, the failure of supphes from the settlements, the insubordina- tion of troops, mutiny, menaces of desertion ? Who can measure the wonderful power over men, by which his personal prowess and attractive energy drew them in midwinter from their homes, across mountains and mo- rasses, and through trackless deserts ? AVho can describe the personal heroism of Jackson, never sparing himself, beyond any of his men encountering toil and fatigue, sharing every labor of the camp and of the march, fore- most in every danger; giving up his horse to the invalid soldier, while he himself waded through the swamps on foot ? None equalled him in power of endurance ; and the private soldiers, as they found him passing them on the march, exclaimed, "He is as tough as hickory." "Yes," they cried to one another, "There goes Old Hickory !" Who cannot narrate the terrible events of the double battles of Emuckfaw, or the glorious victory of Tohopeka, where the anger of the general against the faltering was more appalling than the war-whoop and rifle of the sav- age ? Who can rightly conceive the field of EnotochopoO, where the general, as he attempted to draw the sword to cut down a flying colonel v/ho was leading a regiment from the field, broke again the arm which was but newly knit together ; and quietly replacing it in the sling, with his commanding voice arrested the flight of the troops, and himself led them back to ^nctory ! b BANCROFT'S EULOGY. 205 In six short months of vehement action, the most terri- ble Indian war in our annals was brought to a close ; the prophets were silenced; the consecrated region of the Creek nation reduced. Through scenes of blood, the avenging hero sought only the path to peace. Thus, Alabama, a part of Mississippi, a part of his own Tennes- see, and the highway to the Floridas, were his gifts to the Union. These were his trophies. Genius as extraordinary as military events can call forth, was summoned into action in this rapid, efficient, and most fortunately conducted Avar. Time would fail were I to track our hero down the watercourses of Alabama to the neighborhood of Pensa- cola. How he longed to plant the eagle of his country on its battlements ! • Time would fail, and words be wanting, were I to dwell on the magical influence of his appearance in New Orleans. His presence dissipated gloom and dispelled alarm; at once he changed the aspect of despair into a confidence of security and a hope of acquiring glory. Every man knows the tale of the heroic, sudden, and yet deliberate darino' which led him, on the nio-ht of the 23d of Decem- ber, to precipitate his httle army on his foes, in the thick darkness, before they grew familiar with their encamp- ment, scattering dismay through veteran regiments of England, and defeating them, and arresting their progress by a faa* inferior force. Who shall recount the counsels of prudence, the kind- ling words of eloquence that gushed from his lips to cheer his soldiers — his skirmishes and battles, till that eventful morning when the day at Bunker's Hill had its fulfilment in the glorious battle of New Orleans, and American independence stood before the world in the majesty of victorious power. Th-ese were great deeds for the nation ; for himself he did a greater. Had not Jackson been renowned for the vehement impetuosity of his passions, for his defiance of others' authority, and the unbending vigor of his self-will ? Behold the saviour of Louisiana, all garlanded with vic- tory, viewing around him the city he had preserved, the 206 LIFE OF JACKSON. maidens and children whom his heroism had protected, stand in the presence of a petty judge, who gratifies his wounded vanity by an abuse of his judicial power. Every breast in the crowded audience heaves with indignation. He, the passionate, the impetuous — he whose power was to be humbled, whose honor questioned, whose laurels tarnished, alone stood sublimely serene; and when the craven judge trembled and faltered, and dared not pro- ceed, himself, the arraigned one, bade him take courage, and stood by the law even in the moment v/hen the law was made the instrument of insult and wrong on him- self — at the moment of his most perfect claim to the high- est civic honors. His country, when it grew to hold many more miUions, the generation Ishat then was coming in, has risen up to do homage to the noble heroism of that hour. Woman, whose feeling is always right, did honor from the first to the purity of his heroism. The people of Louisiana, to the latest hour, will cherish his name as their greatest bene- factor. The culture of Jackson's mind had been much promoted by his services and associations in the war. His discipline of himself, as the chief in command ; his intimate relations with men like Livingston ; the wonderful deeds in which he bore a part ; all matured his judgment and mellowed his character. Peace came with its delights ; once more the pountry rushed forward in the developement of its powers ; once more the arts of industry healed the wounds that war had inflicted ; and, from commerce and agriculture and manu- factures, wealth gushed abundantly under the free activity of unrestrained enterprise. And Jackson returned to his own fields and his own pursuits, to cherish his plantation, to care for his servants, to look after his stud, to enjoy the affection of the most kind and devoted wife, whom he respected with the gen- tlest deference, and loved with an almost miraculous tenderness. And there he stood, hke one of the mightiest forest trees of his own West, vigorous and colossal, sending its BANCROFT'S EULOGY.. 207 summit to the skies, and growing on its native soil in wild and inimitable magnificence, careless of beholders. From all parts of the country he received appeals to his pohtical ambition, and the severe modesty of his well-balanced mind turned them all aside. He was happy in his farm, happy in seclusion, happy in his family, happy within himself But the passions of the southern Indians w^ere not allayed by the-peace with Great Britain; and foreign emissaries Avere still among them, to inflame and direct their malignity. Jackson^ was called forth by his country to restrain the cruelty of the treacherous and unsparing Scminoles. It was in the train of the events of this war that he placed the American eagle on St. Mai'ks, and above the ancient towers of St. Augustine. His deeds in that war, of themselves, form a monument to human power, to the celerity of his genius, to the creative fertility of his resources, his intuitive sagacity. As Spain, in his judg- ment, had committed aggression, he would have emanci- pated her islands ; of the Havana, he caused the reconnois- sance to be made ; and with an army of five thousand men, he stood ready to guaranty her redemption from colonial thraldom. But when peace Avas restored, and his ofiice was accom- plished, his physical strength sunk under the pestilential influence of the climate, and, fast yielding to disease, he was borne in a litter across the swamps of Florida, towards his home. It was Jackson's character that he never solicited aid from any one ; but he never forgot those who rendered him service in the hour of need. At a time when all around him believed him near his end, his wife hastened to his side, and, by her tenderness and nursing care, her patient assiduity, and the soothing influence of devoted love, withheld him from the grave. He would have remained quietly at his home in repose, but that he was privately informed his good name was to be attainted by some intended congressional proceedings. He came, therefore, into the presence of the people's repre- sentatives at Washington, only to vindicate his name ; and when that was achieved, he was once more communing 208 LIFE OF JACKSON. with his own thoughts among the groves of the Hermitage. It was not his own ambition which brought him again to the pubhc view. The affection of Tennessee compelled him to resume a seat on the floor of the American Senate, and, after years of the intensest pohtical strife, Andrew Jackson was elected President of the United States. Far from advancing his own pretensions, he always kept them back, and had for years repressed the solicita- tions of his friends to become a candidate. He felt sensi- bly that he was devoid of scientific culture, and little ■famihar with letters; and he never obtruded his opinions, or preferred claims to place. iBut, whenever his opinion was demanded, he was always ready to pronounce it ; and whenever his country invoked his services, he did not shrink even from the station which had been filled by the most cultivated men our nation had produced. Behold, then, the unlettered man of the West, the nursling of the wilds, the farmer of the Hermitage, httle versed in books, unconnected by science with the tradition of the past, raised by the will of the people to the highest pinnacle of honor, to the central post in the civilization of repubUcan freedom, to the station where all the nations of the earth would watch his actions — where his words would vibrate through the civilized world, and his spirit be the moving-star to guide the nations. What policy will ho pursue ? What wisdom Avill he bring with him from the forest ? What rules of duty will he evolve from the oracles of his own mind ? The man of the West came as the inspired prophet of the West: he came as one free from the bonds of heredi- fery or established custom ; he came with no superior but conscience, no oracle but his native judgment ; and, true to his origin and his education — true to the conditions and circumstances of his advancement, he valued right more than usage ; he reverted from the pressure of established interests to the energy of first principles. We tread on ashes, where the tire is not yet extin- guished ; yet not to dwell on his career as President, were to leave out of view the grandest illustrations of his magnanimity. Bancroft's eul6gy. 209 The legislation of the United States had followed the precedents of the legislation of European monarchies; it was the ojQfice of Jackson to lift the country out of the European forms of legislation, and to open to it a career resting on American sentiment and American freedom. He would have freedom everywhere — freedom under the restraints of right ; freedom of industry, of commerce, of mind ; of universal action ; freedom, unshackled by restric- tive privileo^es, unrestrained by the thraldom of monopohes. ■ The unity of his mind and his consistency were without a parallel. With natural dialectics, he developed the pohtical doctrines that suited every emergency, with a precision and a harmony that no theorist could hope to equal. On every subject in politics — I speak but a fact — he was thoroughly and profoundly and immoveably radi- cal ; and would sit for hours, and in a continued flow of remark make the application of his principles to every question that could arise in legislation, or in the interpret- ation of the constitution. His expression of himself was so clear, that his influence pervaded not our land only, but all America and all man- kind. They say that, in the physical world, the magnetic fluid is so difi"used, that its vibrations are discernible sim- ultaneously in every part of the globe. So it is with the element of freedom. And as Jackson developed it^ doc- trines from their source in the mind of humanity, the populai- sympathy was moved and agitated throughout the world, till his name gTew everywhere to be the sym- bol of popular power. Himself the witness of the ruthlessness of savage life, he planned the removal of the Indian tribes beyond the limits of the organized states ; and it is the result of his determined policy that the region east of the Mississippi has been transferred to the exclusive possession of culti- vated man. A pupil of the wilderness, his heart was with the pio- neers of American life towards the setting sun. No American statesman has ever embraced within his aff'ec- tions a scheme so Uberal for the emigrants as that of Jackson. He longed to secure to them, not pre-emption 210 LIFE OP JACKSON. rights only, but more than pre-emption rights. He longed to invite labor to take possession of the unoccupied fields without money and without price; with no obligation except the perpetual devotion of itself by allegiance to its country. Under the beneficent influence of his opinions, the sons of misfortune, the children of adventure, lind their way to the uncultivated West. There, in some wilderness glade, or in the thick forest of the fertile plain, or where the prairies most sparkle With flowers, they, like the wild bee which sets them the example of industry, may choose their home, mark the extent of their posses- sions, by driving stakes or blazing trees, shelter their log- cabin with the boughs and turf, and teach the virgin soil to yield itself to the ploughshare. Theirs shall be the soil, theirs the beautiful farms which they teach to be productive. Come, children of sorrow ! you on whom the Old World frowns ; crowd fearlessly to the forests ; plant your homes in confidence, for the country watches over you ; your children grow around you as hostages, and the wilderness, at your bidding, surrenders its grandeur of useless luxuriance to the beauty and loveliness of culture. Yet, beautiful and lovely as is this scene, it still by far falls short of the ideal which lived in the afi'ections of Jackson. His heart was ever with the pioneer ; his pohcy ever favored the diff"usion of independent freeholds throughout the laboring classes of our land. It would be a sin against the occasion, were I to omit to commemorate the deep devotedness of Jackson to the cause and to the rights of labor. It was for the welfare of the labouring classes that he defied all the storms of pohtical hostihty. He longed to secure to labor the fruits of its own industry ; and he unceasingly opposed every system which tended to lessen their reward, or which exposed them to be defrauded of their dues. The laborers may bend over his grave with affectionate sorrow ; for never, in the tide of time, did a statesman exist more heartily resolved to protect them in their rights, and to advance their happiness. For their benefit, he opposed partial legislation ; for their benefit, he resisted all artificial methods of controlling labor, and subjecting it to capital. Bancroft's eulogy. 211 • It was for their benefit that he loved freedom in all its forms — freedom of the individual in personal independence, freedom of the states as separate sovereignties. He never would hsten to counsels which tended to the centraliza- tion,of power. The true American system^presupposes the diffusion of freedom — organized life in all the parts of the American body politic, as there is organized life in every part of the human system. Jackson was deaf to every counsel which sought to subject general labor to a central will. His vindication of the just principles of the constitution derived its sublimity from his deep conviction that this strict construction is required by the lasting wel- fare of the great laboring classes of the United States. To this end, Jackson revived the tribunicial power of the veto, and exerted it against the decisive action of both branches of Congress, against the votes, the wishes, the entreaties of personal and political friends. " Show me," was his reply to them, " show me an express clause in the constitution authorizing Congress to take the business of state legislatures out of their hands." " You will ruin us all," cried a firm partisan friend, "you wih ruin your party and your own prospects." " Providence," answered Jack- son, "will take care of me;" and he persevered. In proceeding to discharge the debt of the United States — a measure thoroughly American — Jackson fol- lowed the example of his predecessors ; but he followed it with the full consciousness that he was rescuing the coun- try from the artificial system of finance which had pre- vailed throughout the world ; and with him it formed a part of a system by which American legislation was to separate itself more and more effectually from European precedents, and develope itself more and more, according to the vital principles of our political existence. The discharge of the debt brought with it, of necessity, a great reduction of the public burdens, and brought, of ^ necessity, into view, the question, how far America should' follow, of choice, the old restrictive system of high duties, under which Europe had oppressed America; or how far she should rely on her own freedom and enterprise and power, defying the competition, tmd seeking the markets, and receiving the products of the world. 10 212 irFE OF JACKSON. The mind of Jackson, on this subject, reasoned clearly, and without passion. In the abuses of the system of revenue by excessive imposts, he saw evils which the pub- lic mind would remedy; and, inchning with the whole might of his energetic nature to the side of revenue duties, he made his earnest but tranquil appeal to the judgment of the people. The portions of country that suffered most severely from a system of legislation, which, in its extreme charac- ter, as it then existed, is now universally acknowledged to have been unequal and unjust, were less tranquil ; and rallying on the doctrines of freedoni, which made our gov- ernment a limited one, they saw in the oppressive acts an assumption of power which was nugatory, because it was exercised, as they held, without authority from the people. The contest that ensued was the most momentous in our annals. The greatest minds of A^merica engaged in the discussion. Eloquence never achieved subhmer tri- umphs in the American Senate, than on those occasions. The country became deeply divided ; and the antagonist elements were arrayed against each other under forms of clashing authority, menacing civil war; the freedom of the several states was invoked against the power of the United States ; and under the organization of a state in convention, the reserved rights of the people were sum- moned to display their energy, and balance the authority and neutrahze the legislation of the central government The states were agitated with prolonged excitement ; the friends of freedom throughout the world looked on with divided sympathies, praying that the union of the states might be perpetual, and also that the eommerce of the world might be free. Fortunately for the country, and fortunately for man- kind, Andrew Jackson was at the helm of state, the repre- sentative of the principles that were to allay excitement, and to restore the hopes of peace and freedom. By nature, by impulse, by education, by conviction, a friend to personal freedom — by education, political sympathies, and the fixed habit of his mind, a friend to the rio-hts of the states — unwiUing that the hberty of the states should BANCROFT'S EULOGY. 213 be trampled under foot — unwilling that the constitution should lose its vigor or be impaired, he rallied for the constitution : and in its name he published to the world, " The Union : it must be preserved." The words were a spell to hush evil passion, and to remove oppression. Under his guiding influence, the favored interests, which had straggled to perpetuate unjust legislation, yielded to the voice of moderation and reform; and every mind that had for a moment contemplated a rupture of the states, discarded it forever. The whole influence of the past was invoked in favor of the constitution; from the council chambers of the fathers who moulded our institutions — from the hall where American independence was declared, the clear, loud cry was uttered — " The Union : it must be preserved." From every battle-field of the Revolution — from Lexington and Bunker-Hill — from Saratoga and Yorktown — from the fields of Eutaw — from the cane- brakes that sheltered the men of Marion— the repeated, long-prolonged echoes came up — " The Union : it must be preserved." From every valley in our land — from every cabin on the pleasant mountain sides — from the ships at our wharves — from the tents of the hunter in our Avestern- most prairies — from the living minds of the living millions of American freemen — fi-om the thickly coming glories of futurity — the shout went up like the sound of many waters, **The Union: it must be preserved." The friends of the protective system, and they wh^ had denounced the protective system — the statesmen of the north, that had wounded the constitution in their love of centralism — the statesmen of the south, whose minds had carried to its extreme the theory of state rights — all conspired together ; all breathed prayers for the perpetuity of the Union. Under tile prudent firmness of Jackson — under the mixture of justice and general regard for all interests, the greatest danger to our institutions was turned aside, and mankind was encouraged to believe that our Union, like our freedom, is imperishable. The moral of the great events of those days is this : that the people can discern right, and will make then- way to a knowledge of right ; that the whole human mind, and 214 LIFE OF JACKSOJ!?. therefore witli it tlie mind of the nation, has a continuous, ever improving existence ; that the appeal from the unjust legislation of to-day must be made quietly, earnestly, per- severingly, to the more enhghtened collective reason of to-morrow ; that submission is due to the popular will, in the confidence that the people, when in error, will amend their doings ; that in a popular government, injustice is neither to be estabhshed by force, nor to be resisted by force ; in a word, that the Union, which was constitutod by consent, must be preserved by love. It rarely falls to the happy lot of a statesman to receive such unanimous applause from the heart of a nation. Duty to the dead demands that, on this occasion, the course of measures should not pass unnoticed, in the pro- gress of which his vigor of character most clearly ap- peared, and his conflict with opposing parties was most violent and protracted. From his home in Tennessee, Jackson came to the pre- sidency resolved to lift American legislation out of the forms of English legislation, and to place our laws on the currency in harmony with the principles of our govern- ment. He came to the presidency of the United States resolved to dehver the government from the Bank of the United States, and to restore the regulation of exchanges to the rightful depository of that power — the commerce of the country. He had designed to declare his views on this subject in hi% inaugural address, but was persuaded to relinquish that purpose, on the ground that it belonged rather to a legislative message. When the period for addressing Congress drew near, it was still urged that to attack the Bank would forfeit his popularity and secure his future defeat. " It is not," he answered, " it is not for myself that I care." It was urged that haste was unne- cessary, as the Bank had still six unexpended years of chartered existence. "I may die," he rephed, "before another Congress comes together, and I could not rest quietly in my grave, if I failed to do what I hold so essen- tial to the liberty of my country." And his first annual message announced to the country that the Bank was neither constitutional nor expedient. In this he was in BANCROFT'S EULOGY. 215 advance of the friends about him, in advance of Congress, and in advance of his party. This is no time for the anal- ysis of measures, or the discussion of questions of pohtical economy : on the present occasion, we have to contemplate the character of the man. Never, from the first moment of his administration to the last, was there a calm in the strife of parties on the subject of the currency; and never, during the whole period, did he recede or falter. Always in advance of his party — always having near him friends who cowered before the hardihood of his courage, he himself, through- out all the contest, was unmoved, from the first suggestion of the unconstitutionality of the Bank, to the moment when he himself, first of all, reasoning from the certain tendency of its policy, with singular sagacity predicted to unbeheving friends, the coming insolvencj^ of the insti- tution. The storm throughout the country rose with unexam- pled vehemence : his opponents were not satisfied with addressing the pubHc or Congress, or his cabinet; they threw their whole force personally on him. From ail parts men pressed around him, urging him, entreating him to bend. Congress was flexible ; many of his personal friends faltered ; the impetuous swelling wave rolled on, without one sufficient obstacle, till it reached his presence ; but, as it dashed in its highest fury at his feet, it broke before his firmness. The commanding majesty of his will appalled his opponents and revived his friends. He, himself, had a proud consciousness that his will was indom- itable. Standing over the rocks of the Rip Raps, and looking out upon the ocean, "Providence," said he to a friend, " Providence may change my determination ; but man no more can do it, than he can remove these Rip Raps, which have resisted the rolling ocean from th« beginning of time." And though a panic was spreading through the land, and the whole credit system, as it then existed, was crumbling to pieces and crashing around him, he stood erect, hke a massive column, which the heaps of falUng ruins could not break, nor bend, nor sway from its fijced foundation. 216 LIFE OP JACKSON. [At this point Mr. Bancroft turned to address the Mayor of the city of Washington ; but, finding him not present, he proceeded.] People of the District of Columbia, — I should fail of a duty on this occasion, if I did not give utterance to your sentiment of gratitude which followed General 'Jackson into retirement. Dwelling amongst you, he desired your prosperity. This beautiful city, surrounded by heights the most attractive, watered by a river so magnificent, the home of the gentle and the cultivated, not less than the seat of political power — this city, whose site Washington had selected, was dear to his affections ; and if he won your grateful attachment by adorning it with monuments of useful architecture, by establishing its credit, and relieving its burdens, he regretted only that he had not the opportunity to have connected himself still more inti- mately with your prosperity. As he prepared to take his final leave of the district, the mass of the population of this city, and the masses that had gathered from around, followed his carriage in crowds. All in silence stood near him, to wish him adieu ; and as the cars started, and he displayed his grey hairs, as he lifted his hat in token of farewell, you stood around with heads uncovered, too full of emotion to speak, in solemn silence gazing on him as he departed, never more to be seen in your midst. Behold the warrior and statesman, his work well done, retired to the Hermitage, to hold converse with his forests, to cultivate his farm, to gather around him hospitably his friends ! Who was hke him ? He was still the loadstar of the American people. His fervid thoughts, frankly uttered, still spread the flame of patriotism through the American breast ; his counsels were still listened to with reverence ; and, almost alone among statesmen, he in his retirement was in harmony with every onward movement of his time. His prevaihng influence assisted to sway a neighboring nation to desire to share our institutions, his ear heard the footsteps of the coming millions that are to gladden our western shores ; and his eye discerned in the dim distance the whitening sails that are to erdiven the BANCROFT'S EULOGY. 21^ "waters of the Pacific with the social sounds of our suc- cessful commerce. Age had whitened his locks and dimmed his eye, and spread around him the infirmities and venerable emblems of many years of toilsome service ; but his heart beat as warmly as in his youth, and his courage was as firm as it had ever been in the day of battle. But while his aftec- tions were still for his friends and his countr}'", his thoughts were already in a better world. That exalted mind, which in active fife had always had unit}' of perception and will, which in action had never faltered from doubt, and which in counciWiad always reverted to first princi- ples and general laws, now gave itself up to communing with the Infinite. He was a believer: from feeling, from experience, from conviction. Not a shadow of scepticism ever dimmed the lustre of his mind. Proud philosopher ! will you smile to know that Andrew Jackson perused reverently his Psalter and Prayer-book and Bible ? Know that Andrew Jackson had faith in the eternity of truth, in the imperishable power of popular freedom, in the destinies of humanity, in the virtues and capacity of the people, in his country's institutions, in the being and over- ruling providence of a merciful and ever-living God. The kst moment of his fife on earth is at hand. It is the Sabbath of the Lord : the brightness and beauty of summer clothe the fields around him : nature is in her glor}^ ; but the sublimest spectacle on that day, on earth, was the victory of his unblenching spirit over death itself. When he first felt the hand of death upon him — "May my enemies," he cried, "find peace; may the liber- ties of my country endure for ever!" When his exhausted system, under the excess of pain, sunk, for a moment, from debility, "Do not weep," said he to his adopted daughter ; " my suffering's are less than those of Christ upon the cross ;" for he, too, as a disciple of the cross, could have devoted himself, in sorrow, for mankind. Feeling his end near, he would see all his family once more ; and he spoke to them, one by one, in words of tenderness and affection. His two httle grand- children were absent at Sunday-school. He asked for 218 LIFE OF JACKSON. tliem ; and as they came he prayed for them, and kissed them, and blessed them. His servants were then admit- ted : they gathered, some in his room, and some on the outside of the house, dinging to the windows, that they . ' might gaze and hear. And that dying man, thus sur- rounded, in a gush of fervid eloquence, spoke with inspi- ration of God, of the Redeemer, of salvation through the atonement, of immortality, of heaven. For he ever thought that pure and undefiled rehgion was the founda- tion of private happiness, and the bulwark of republican institutions. Having spoken of immortahty in perfect consciousness of his own approaching end, he bade them all farewell. "Dear children," such were his final words, " dear children, servants, and friends, I trust to meet you all in heaven, both white and black — all, both white and black." And having borne his testimony to immortahty, he bowed his mighty head, and, without a groan, the spirit of the greatest man of his age escaped to the bosom of his God. In hfe, his career had been like the blaze of the sun in the fierceness of its noon-day glory ; iiis death was lovely as the mildest sunset of a summer's evening, when the sun goes down in tranquil beauty Avithout a cloud. To the majestic energy of an indomitable will, he joined a heart capable of the purest and most devoted love, rich in the tenderest affections. On tlie bloody battle-field of Toho- peka, he saved an infant that clung to the breast of its dying mother: in the stormiest moment of his presidency, % at the imminent moment of decision, he paused in his way to give good counsel to a poor suppliant that had come up to him for succor. Of the strifes in which he was en- gaged in his earher life, not one sprung from himself, but in every case he became involved by standing forth as the champion of the weak, the poor, and the defenceless, to shelter the gentle against oppression, to protect the emigrant against the avarice of the speculator. His gen- erous soul revolted at the barbarous practice of duels, and by no man in the land have so many been prevented. The sorrows of tlfbse that were near to him went deeply into his soul; and at the ano-uish of the wife whom he BANCROFT'S EULOGY. 219 loved, the orphans whom he adopted, he would melt into tears, and weep and sob like a child. No man in private life so possessed the hearts of all around him : no public man of this century ever returned to private life with such an abiding mastery over the aflfections of the people. No man with truer instinct received American ideas: no man expressed them so completely, or so boldly, or so sincerely. He was as sin- cere a man as ever hved. He was wholly, always, and altogether sincere and true. Up to the last, he dared do anything that it was right to do. He united personal courage and moral courage beyond any man of whom history keeps the record. Be- fore the nation, before the world, before coming ages, he stands forth the representative, for his generation, of the American mind. And the secret of his greatness is this : By intuitive conception, he shared and possessed all the creative ideas of his country and his time. He expressed them with dauntless intrepidity ; he enforced them with an immoveable will ; he executed them with an electric power that attracted and swayed the American people. The nation, in his time, had not one great thought, of which he was not the boldest and clearest expositor. History does not describe the man that equalled him in firmness of nerve. Not danger, not an army in battle array, not wounds, not wide-spread cjamor, not age, not the anguish of disease, could impair in the least degree the vigor of his steadfast mind. The heroes of antiquity would have contemplated with awe tlie unmatched hardi- hood of his character; and Napoleon, had he possessed his disinterested will, could never have been vanquished. Jackson never was vanquished. He was always fortunate. He conquered the wilderness ; he conquered the savage ; he conquered the bravest veterans trained in the battle- fields of Europe; he conquered everywhere in statesman- ship ; and, when death came to get the mastery over him, he turned that last enemy aside as tranquilly as he had done the feeblest of his adversaries, and escaped from earth in the triumphant consciousness of immortahty. His body has its fit resting-place in the great central 10^ 990 lO'iu ov .ut II KA I, A lifMfKf^fr DtlAmtvA Munh 'Xih, Ihli^f, Ai* U/" /n«l-rurrj<'n<, «/f •!/<' U'tU'm\ '/fittilUMiuni^ it will innn(\ il)<'ir fin't'^: hwS, hy "/mitttUfU'ttU'insi \n iSm U'0^ ItthjM', (/> w«l/'l< 'fwi'r, inMtni/^ ih<^r«^fyy f'/M''»(/» /)rtU'/f>« it wD) fy«; //^y fciu/ly <;ti)livuO' Wi'nti without qualification. The principle is conceded, that the states cannot right- fully tax the operations of the general government. They cannot tax the money of the government deposited in the state banks, nor the agency of those banks in remitting it ; but will any man maintain that their mere selection to 258 LIFE OF JACKSON. perform this public service for the general government, would exempt the state banks, and their ordinary business, from state taxation ? Had the United States, instead of estabhshing a bank at Philadelphia, employed a private banker to keep and transmit their funds, would it. have deprived Pennsylvania of the right to tax his bank and his usual banking operations ? It will not be pretended. Upon what principle, then, are the banking establishments of the Bank of the United States, and their usual banking operations, to be exempted from taxation ? It is not their public agency, or the deposits of the government, which the states claim a right to tax, but their banks and their banking powers, instituted and exercised within state jurisdiction for their private emolument — those powers and privileges for which they pay a bonus, and which the states tax in their own banks. The exercise of these powers within a state, no matter by whom or under what authority, whether by private citizens in their original right, by corporate bodies created by the states, by foreign- ers, or the agents of foreign governments located within their limits, forms a legitimate object of state taxation. From this, and like sources, from the persons, property, and business, that are found residing, located, or carried on, under their jurisdiction, must the states, since the surrender of their right to raise a revenue from imports and exports, draw all the money necessary for the support of their governments, and the maintenance of their inde- pendence. There is no more appropriate subject of taxa- tion than banks, banking, and bank stock, and none to which the states ought more pertinaciously to cling. It cannot be necessary to the character of the bank, as a fiscal agent of the government, that its private business should be exempted from that taxation to which all tha state banks are liable ; nor can I conceive it " proper" tha the substantive and most essential powers reserved by the states shall be thus attacked and annihilated as a means of executing the powers delegated to the general govern- ment. It may be safely assumed that none of those sages who had an agency in forming or adopting our Constitu- tion, ever imagined that any portion of the taxing powei" VETO OF THE BANK BILL. 259 of the states, not prohibited to them, nor delegated to Congress, was to be swept away and annihilated, as a means of executing certain powers delegated to Congress. If our power over means is so absolute, that the Supreme Court will not call in question the constitutionality of an act of Congress, the subject of which is " not prohibited, and is really calculated to effect any of the objects intrusted to the government," although, as in the case before me, it takes away powers expressly granted to Congress, and rights scrupulously reserved to the states, it becomes us to proceed in our legislation with the utmost caution. Though not directly, our own powers and the rights of the states may be indirectly legislated away in the use of means to execute substantive powers. We may not enact that Congress shall not have the power of exclusive legis- lation over the District of Columbia ; but we may pledge the faith of the United States, that, as a means of execut- ing other powers, it shall not be exercised for twenty years, or for ever ! We may not pass an act prohibiting the states to tax the banking business carried on within their limits; but we may, as a means of executing our powers over other objects, place that business in the hands of our agents, and then declare it exempt from state taxation in their hands ! Thus may our own powers, and ihe rights of the states, which we cannot directly curtail or invade, be frittered away and extinguished in the use of means employed by us to execute other powers. That a Bank of the United States, competent to all the duties which may be required by the government, might be so organized as not to infringe on our own delegated powers, or the reserved rights of the states, I do not entertain a doubt. Had the Executive been called upon to furnish the pro- ject of such an institution, the duty would have been cheerfully performed. In the absence of such a call, it was obviously proper that he should confine himself to pointing out those prominent features in the act presented, which, in his opinion, make it incompatible with the Con- stitution and sound policy. A general discussion will now take place, eliciting new light, and settling important principles ; and a new Congress, elected in the midst of 12 260 LIFE OF JACKSOK. such discussion, and furnishing an equal representation of the people, according to the last census, will bear to the Capitol the verdict of pubUc opinion, and, I doubt not, bring this important question to a satisfactory result. Under such circumstances, the bank comes forward and asks a renewal of its charter for a term of fifteen years, upon conditions which not only operate as a gratuity to the stockholders, of many miUions of dollars, but will sanction any abuses, and legalize any encroachments. Suspicions are entertained, and charges are made, of gross abuse and violation of its charter. An investigation, unwillingly conceded, and so restricted in time as neces- sarily to make it incomplete and unsatisfactory, disclosed enough to excite suspicion and alarm. In the practices of the principal bank, partially unv^eiled in the absence of important witnesses, and in numerous charges confi- dently made, and as yet wholly uninvestigated, there was enough to induce a majority of the committee of investiga- tion, a committee which was selected from the most able and honorable members of the House of Representatives, to recommend a suspension of farther action 'upon the bill, and a prosecution of the inquiry. As the charter had yet four years to run, and as a renewal now was not necessary to the successful prosecution of its business, it was to have been expected that 'the bank itself, conscious of its purity, and proud of its character, would have with- drawn its apphcation for the present, and demanded the severest scrutiny into all its transactions. In their de- clining to do so, there seems to be an additional reason why the functionaries of the government should proceed with l6ss haste, and more caution, in the renewal of their mo- nopoly. The bank is professedly established as an agent of the executive branches of the government, and its constitu- tionality is maintained on that ground. Neither upon the propriety of present action, nor upon the provisions of this act, was the Executive consulted. It has had no opportu- nity to say, that it neither needs nor wants an agent clothed with such powers, and favored by such exemptions. There is nothing in its legitimate functions which makes it neces- VETO OF THE BANK BILL. 26(1 sary or proper. Whatever interest or influence, whether public or private, has given birth to this act, it cannot be found either in the wishes or necessities of the Executive Department, bj^ which present action is deemed premature, and the powers conferred upon its agent not only unneces- sary, but dangerous to the government and country. It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government. Equality of talents, of education, or of wealth, cannot be produced by human institutions. In the full enjoyment of the gifts of Heaven, and the fruits of supe- rior industry, economy, and virtue, every man is equally entitled to protection by law. But when the laws under- take to add to these natural and just advantages artificial distinctions — to grant titles, gratuities, and exclusive pri- vileges — to make the rich richer, and the potent more powerful — the humble members of society, the farmers, mechanics, and laborers, who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their government. There are no necessary evils in government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its favors ahke on the high and the low, the rich and the poor, it would be an unquahfied blessing. In the act before me, there seems to be a wide and unnecessary departure from these just principles. Nor is our gi)vernment to be maintained, or our Union preserved, by invasions of the rights and powers of the several states. In thus attempting to make our general government strong, we make it weak. Its true strength • consists in leaving individuals and states, as much as pos- sible, to themselves ; in making itself felt, not in its power, but in its beneficence — not in its control, but in its protec- tion — not in binding the states more closely to the centre, but leaving each to move, unobstructed, in its proper orbit. Experience should teach us wisdom. Most of the dif- ficulties our government now encounters, and most of the dangers which impend over our Union, have sprung from 262 LIFE OF JACKSON, an abandonment of the legitimate objects of government by our national legislation, and the adoption of such prin- ciples as are imbodied in this act. Many of our rich men have not been content with equal protection and equal benefits, but have besought us to make them richer by acts of Congress. By attempting to gratify their desires, we have, in the results of our legislation, arrayed section against section, interest against interest, and man against man, in a fearful commotion, which threatens to shake the foundations of our Union. It is time to pause in our career, to review our principles, and, if possible, revive that devoted patriotism, and spirit of compromise, which distinguished the sages of the Revolution and the fathers of our Union. If we cannot, at once, in justice to inte- rests vested under improvident legislation, make our go- vernment what it ought to be, we can, at least, take a stand against all new grants of monopolies and exclusive privileges, against any prostitution of our government to the advancement of the few at the expense of the many, and in favor of compromise and gradual reform in our code of laws and system of political economy. I have now done my duty to my country. If sustained b};- my fellow-citizens, I shall be grateful and happy : if not, I shall find in the motives which impel me, ample grounds for contentment and peace. In the difficulties which surround us, and the dangers which threaten our institutions, there is cause for neither dismay or alarm. For relief and dehverance, let us firmly rely on'that kind Providence which, I am sure, watches with pecuhar care over the destinies of our republic, and on the intelligence and wisdom of our countrymen. Through His abundant goodness, and their patriotic devotion, our liberty and Union will be preserved. ?ROCXAMATION« ^63 Proclamation on the Nullification Question. — December 11, 1832. Whereas, a Convention assembled in the State of South Carolina, having passed an ordinance by which they declare, "That the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially," two acts for the same purpose, juassed on the 29th of May, 1828, and on the 14th of July, 1S32, "are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law," nor binding on the citizens of that state or its officers : and by the said ordinance, it is further de- clared to be unlawful for any of the constituted authorities of the state, or of the United States, to enforce the payment of the duties imposed by the said acts within the same state, and that it is the duty of the legislature to pass such laws as may be necessary to give full effect to the said ordinance : And whereas, by the said ordinance, it is further or- dained, that in no case, of law or equity, decided in the courts of said state, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that pur- pose, and that an}^ person attempting to take such appeal shall be punished as for a contempt of court : And, finally, the said ordinance declares, that the people of South Carolina will maintain the said ordinance at every hazard; and that they will consider the passage of any 264 LIFE or JACKSON. act by Congress, abolishing or closing the ports of the said state, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the federal government to coerce the state, shut up her ports, destroy or harass her commerce, or to enforce the said acts otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South CaroHna in the Union ; and that the people of the said state will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other states, and will forthwith proceed to organize a separate govern- ment, and do all other acts and things which sovereign and independent states may of right do : And whereas, the said ordinance prescribes to the people of South Carolina » course of conduct, in direct violation of their duty as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and having for its object the destruction of the Union — that Union, which, coeval with our political existence, led our fathers, without any other lies to unite them than those of patriotism and a common cause, through a sanguinary struggle to a glorious independence — that sacred Union, hitherto inviolate, which, perfected by our happy Constitution, has brought us, by the favor of Heaven, to a state of prosperity at home, and high consideration abroad, rarely, if ever, equalled in the history of nations : To preserve tjiis bond of our political existence from de- struction, to maintain inviolate this state of national honor and prosperity, and to justify the confidence my fellow- citizens have reposed in me, I, Andrew Jackson, Presi- dent of the United States, have thought proper to issue this my Proclamation, stating my views of the Constitu- tion and laws applicable to the measures adapted by the Convention of So«th Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and, appeahng to the understanding and patriotism of the people, warn them of the consequences that must inevitably result from an ol|r servance of the dictates of the Convention. PROCLAMATION. • 265 Strict duty would require of me nothing more than the exercise of those powers with which I am now, or may- hereafter be invested, for preserving the peace of the Union, and for the execution of the laws. But the imposing aspect which opposition has assumed in this case, by clothing itself with state authority, and the deep interest which the people of the United States must all feel in preventing a resort to stronger measures, while there is a hope that any thing will be yielded to reasoning and remon- strance, perhaps demand, and will certainl}'- justify, a full exposition to South Carolina and the nation, of .the views I entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will require me to pursue. The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional and too oppressive to be endured ; but on the strange position that any one state may not only declare an act of Congress void, but prohibit its execution ; that they may do this consistently with the Constitution ; that the true construc- tion of that instrument permits a slate to retain its place in the Union, and yet be bound by no other of its laws than it may choose to consider constitutional. It is true, they add, that to justify this abrogation of a law, it must be paipabl}'- contrary to the Constitution ; but it is evident, that to give the right of resisting laws of that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theory, there is no appeal, the reasons alleged by the state, good or bad, must prevail. If it should be said that public opinion is a sufficient check against the abuse of this power, it may be asked why it is not deemed a sufficient guard against the pas- sage of an unconstitutional act by Congress. There is, however, a restraint in this last case, which makes the assumed power of a state more indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress — one to the judiciary, the other to the people and the states. There is no appeal from the state decision in theory, and the 266 LIFE OF JACKSON. practical illustration shows that the courts are closed against an application to review it, both judge and jurors being sworn to decide in its favor. But reasoning on this subject is superfluous, when our social compact in express terms declares, that the laws of the United States, its Constitution and treaties made under it, are the supreme law of the land — and for greater caution ^ds, "that the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding." And it may be asserted without fear of refutation, that no federative government could exist without a similar provision. Look for a moment to th» consequences. If South Carohna considers the revenue Jaws unconstitutional, and has a right to prevent their execution in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected anywhere ; for all imposts must be equal. It is no answer to repeat, that an unconstitutional law is no law, so long as the ques- tion of its legality is to be decided by the state itself; for every law operating injuriously upon any local interest, will be perhaps thought, and certainly represented, as un- constitutional, and, as has been shown, there is no appeal. If this doctrine had been established at an earlier day, the Union would ha^e been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-inter- course law in the Eastern btates, the carriage tax in Vir- ginia, were all deemed unconstitutional, and were more unequal in their operation tiian any of the laws now com- plained of; but fortunately none of those states discovered that they had the right now claimed by South Carohna. The war into which we were forced, to support the dig- nity of the nation and the rights of our citizens, might have ended in defeat and disgrace, instead of victory and honor, if the states who supposed it a ruinous and uncon- stitutional measure, had thought they possessed the right of nulliiying the act by which it was declared, and deny- ing supplies for its prosecution. Hardly and unequally as those measures bore upon several members of the Union, to the legislatures of none did this efficierit ap4 PROCLAMATION. 267 peaceable remedy, as it is called, suggest itself. The discovery of this important feature in our Constitution was reserved for tjie present day. To the statesmen of South Carolina belongs the invention, and upon the citi- zens of that state Avili unfortunately fall the evil of reduc- ing it to practice. If the doctrine of a state veto upon the laws of the Union carries with it internal evidence of its impracticable ab- surdity, our constitutional history will also afford abundant proof that it would have been repudiated with indignation, had it been proposed to form a feature in our government. In our colonial state, although dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed for common defence, and before the Declaration of Independence we were known in our aggregate cha- racter as the UNITED colonies of America. That decisive and important siep was taken jointly. We declared our- selves a nation, by a joint, not by several acts, and when the terms of confederation were reduced to form, it was in that of a solemn league of several states by which they agreed, that they would collectively form one nation for the purpose of conducting some certain domestic concerns and all foreign relations. In the instrument forming that union is found an article which declares that, " every state shall abide by the determination of Congress on aJl questions which by that confederation should be submitted to them." Under the Confederation, then, no state could legally annul a decision or the Congress, or refuse to submit to its execution ; but no provision was made to enforce these decisions. Congress made requisitions, but they were not complied with. The government could not operate on individuals. They had no judiciary, no means of collect- ing revenue. But the defects of the Confederation need not be de- tailed. Under its operation we could scarcely be called a nation. We had neither prosperity at home, nor con- sideration abroad. This state of things could not be en- dured, and our present happy Constitution was formed, ]2* 268 LIFE OP*JACKSOif. but formed in vain if this fatal doctrine prevails. It was formed for important objects tliat are announc-^d in the preamble, made in the name and by the authori. -«t the people of the United States, whose delegates framo- .. and whose conventions approved it. The most important among these objects, that which is placed first in rank, on which all -others rest, is "to form a more perfect UNION." Now, is it possible that even if there were no express provisions giving supremacy to the Constitution and Laws of the United States over those of the states — can it. be conceived that an instrument made for the pur- pose of "FORMING A MORE PERFECT UNIOn" than that of the Confederation, could be so constructed by the as- sembled wisdom of our country as to substitute for that confederation a form of government dependent for its ex- istence on the local interest, the party spirit of a state, or of a prevailing faction in a state ? Every man of plain, unsophisticated understanding, who hears the question, will give such an answer as will preserve the Union, Metaphysical subtlety, in pursuit of an impracticable theory, could aione have devised one that is calculated to destroy it. I consider then the power to annul a law of the United States, assumed by one state, incompatible with the EXISTENCE OF THE UNION, CONTRADICTED EXPRESSLY BY THE LETTER OF THE CONSTITUTION, UNAUTHORIZED BY ITS SPIRIT, INCONSISTENT WITH EVERY PRINCIPLE ON WHICH IT WAS FOUNDED, AND DESTRUCTIVE OF THE GREAT OBJECT FOR WHICH IT WAS FORMED. After this general view of the leading principle, we must examine the particular application of it which is made in the ordinance. The preamble rests its justification on these grounds : It assumes as a fact, that the obnoxious laws, although they purport to be laws for raising revenue, were in reality intended for the protection of manufactures, which purpose it asserts to be unconstitutional ; that the operation of these laws is unequal ; that the amount raised by them is greater than is required by the wants of the government : and finally, that the proceeds are to be applied to objects un PROCLAMATION. 2C9 authorized by the Constitution. These are the only causes alleged to justify an open opposition to the laws of the country, and a threat of seceding from the Union, if any attempt should be made to enforce them. The first virtu- ally acknowledges, that the law in question was passed under a power expressly given by the Constitution, to lay and collect imposts : but its constitutionality is drawn in. question from the motives of those who passed it. How- ever apparent this purpose ma}^ be in the present case, nothing can be more dangerous than to admit the position that an unconstitutional purpose, entertained by the mem- bers who assent to a law enacted under a constitutional power, shall make that law void ; for how is that purpose to be ascertained ? Who is to make the scrutiny ? How often may bad purposes be falsely imputed — in how many cases are they concealed by false professions — in how many is no declaration of motives made ? Admit this doctrine, and a'OU give to the states an uncontrolled right to decide, and every law may be annulled under this pre- text. If, therefore, the absurd and dangerous doctrine should be admitted, that a state may annul an unconstitu- tional lav/, or one that it deems such, it will not apply to the present case. The next objection is, that the laws in question operate unequally. This objection may be. made with truth, to every law that has been or can be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. If the unequal ope- ration of a law makes it unconstitutional, and if all lav»-s of that description may be abrogated by any state for that cause, then indeed is the Federal Constitution unworthy of the slightest effort for its preservation. We have hitherto relied on it as the perpetual bond of our union. We have received it as the work of the assembled wisdom of the nation. We have trusted to it as to the sheet anchor of our safety in the stormy tim.cs of conflict with a foreign or domestic foe. Vve Lave looked to it with sacred awe as the palladium of our liberties, and with all the solemnities of religion have pledged to each other our Hves and fortunes here, and our hopes of happiness here 270 LIFE OF JACKSON. after, in its defence and support. Were we mistaken, my countrymen, in attaching this importance to the Con- stitution of our country ? Was our devotion paid to the wretched, inefficient, clumsy contrivance which this new doctrine would make it ? Did we pledge ourselves to the support of an air)^ nothing, a bubble that must be blown away by the first breath of disaffection ? Was this self- destroying, visionary theory, the work of the profound statesmen, the exalted patriots, to whom the task of con- stitutional reform was intrusted ? Did the name of Wash- ington sanction, did the states ratify, such an anomaly in the history of fundamental legislation? No. We were not mistaken. The letter of this great instrument is free from this radical fault : its language directly contradicts the imputation : its spirit — its evident intent, contradicts it. No ; we do not err ! Our Constitution does not con- tain the absurdity of giving power to make laws, and another power to resist them. The sages whose memory will always be reverenced, have given us a practical, and, as they hoped, a permanent constitutional compact. The father of his country did not affix his revered name to so palpable an absurdity. Nor did the states, when they severally ratified it, do so under the impression that a veto on .the laws of the United States was reserved to them, or that they could exercise it by imphcation. Search the debates in all their conventions — examine the speeches of the most zealous opposers of federal authority — look at the amendments that were proposed — they are all silent — not a syllable uttered, not a vote given, not a motion made, to correct the explicit supremacy given to the laws of the Union over these of the states — or to show that implication, as is now contended, could defeat it. No ; we have not erred ! The Constitution is still the object of our reverence, the bond of our union, our defence in danger, the source of our prosperity in peace. It shall descend, as we have received it, uncorrupted by sophis- tical construction, to our posterit}?" ; and the sacrifices of local interest, of state prejudices, of personal animosities, that were made to bring it into existence, will again be patriotically offered for its support. PROCLAMATION. 27 1 The two remaining- objections made by the ordinau-- to these laws are, that the sums intended to be raised b} them are c:reater than required, and that the proceeds wiL be unconstitutionally employed.. The Constitution has given expressly to Congress the right of raising revenue, and of determining the sum the pubhc exigencies will require. The states have no con- trol over the exercise of this right, other than that which results from the power of changing the representatives who abuse it ; and thus procure redress. Congress may undoubtedly abuse this discretionary power, but the same may be said of others with v/hich they are vested. Yet the discretion must exist somewhere. The Constitution has given it to the representatives of all the people, checked by the representatives of the states and by the executive power. The South Carolina construction gives it to the legislature, or the convention of a single state, where neither the people of the different states, nor the states in their separate capacity, nor the chief magistrate elected by the people, have any representation. Which is the most discreet disposition of the power ? I do not ask you, fellow-citizens, which is the constitutional dis- position — that instrument speaks a language not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretionary power in the last resort ? Would you add a clause giving it to each of the states, or would you sanction the wise provisions already made by your Con-^ stituiion ? If this should be the result of your delibera- tions when providing for the future, are you, can you be ready, to risk all that we hold dear, to establish, for a temporal}'' and- a local purpose, that which you must ac- knowledge to be destructive, and even absurd, as a general provision ? Carry out the consequences of this right vested in the diOerent states, and you must perceive that the crisis your conduct presents at this day would recur whenevei any law of the United States displeased any of the states, and that we should soon cease to be a nation. The ordinance, with the same knowledge of the future that characterizes a former objection, tells you that the 27^ LIFE OF JACKSON. proceeds of the tax will be unconstitutionally applied. If this could be ascertained with certainty, the objection would, with more propriety, be reserved for the laws so applying the proceeds, but surely cannot be urged against the law levying the duty. These are the allegations contained in the ordinance. Examine them seriously, my feliow-citizens. — judge for yourselves. I appeal to you to determine whether they are so clear, so convincing, as to leave no doubt of their correctness ; and even if you should come to this conclu- sion, how far they justify the reckless, destructive course which you are directed to pursue. Review these objec- tions, and the conclusions drawn from them, once more. What are they? Every law, then, for raising revenue, according to the South Carolina ordinance, may be right- fully annulled, unless it be so framed as no law ever will or can be framed. Congress have a right to pass laws for raising revenue, and each state has a right to oppose their execution — two rights directly opposed to each other — and yet is this absurdity supposed to be contained in an in- strument drawn for the express purpose of avoiding colH- sions between the states and the general government, by an assembly of the most enlightened statesmen and purest patriots ever imbodied for a similar purpose. In vain have these sages declared that Congress shall have power to lay and collect taxes, duties, imposts, and excises — in vain have they provided that they shall have ► power to pass laws Vv'hich shall be necessary and proper to carry those powers into execution ; that those laws and that Constitution shall be the "supreme law of the land, and that the judges in every state shall be bound thereby, any thing in the constitution or laws of -any state to the contrary, notwithstanding." In vain have the people o the several states solemnly sanctioned these provisions made them their paramount law, and individually sworn to support them whenever they were called on to execute any office. Vain provisions ! ineffectual restrictions ! vile profanation of oaths ! miserable mockery of legislation ! if a bare majority of the voters in any one state may, on a real or supposed knowledge of the intent in which a PROCLAMATION. 273 law has been passed, declare themselves free from its operations — say here it gives too little, there too much, and operates unequally — here it suffers articles to be free that ought to be taxed — there it taxes those that ought to be free — in this case the proceeds are intended to be ap- plied to purposes which we do not approve — in that, the amount raised is more than is wanted. Congress, it is true, are invested by the Constitution with the right of deciding these questions according to their sound discre- tion ; Congress is composed of the representatives of all the states and of all the people of all the states ; but, we, part of the people of one state, to whom the Constitution has given no power on the subject, from whom it has ex- pressly taken it away — wk, who have solemnly agreed that this Constitution shall be our law — we, most of whom have sworn to support it — we now abrogate this law and swear, and force others to swear, that it shall not be obeyed ! And we do this, not because Congress have no right to pass such laws ; this we do not allege ; but because they have passed them with improper views. They are unconstitutional from the motives of those who passed them, which we can never with certainty know — from their unequal operation, although it is impossible from the nature of things that they should be equal — and from the disposition which we presume may be made of their proceeds, although that disposition has not been declare(^ This is the plain meaning of the ordinance in relation " laws which it abrogates for alleged unconstitutionality. , But it does not stop there. It repeals, in expre^ terms, an important part of the Constitution itself, and of laws passed to give it effect, which have never been alleged to be unconstitutional. The Constitution declares that the judicial powers of the United States extend to cases aris- ing under the laws of the United States, and that such laws, the Constitution and treaties, shall be paramount to the state constitutions and laws. The judiciary act pre- scribes the mode by which the case may be brought be- fore a court of the United States, by appeal, when a state tribunal shall decide against this provision of the Consti- tution. The ordinance declares there shall be no appeal 274 LIFE OF JACKSON. — makes the state law paramount to the Constitution and laws of the United States — forces judges and jurors to swear that they will disregard their provisions ; and even makes it penal in a suitor to attempt relief by appeal. It further declares that it shall not be lawful for the authori- ties of the United States, or of that state, to enforce the payment of duties imposed by the revenue laws within its limits. Here is a law of the United States not even pretende to be unconstitutional, repealed by the authority of a small majority of the voters of a single state. Here is a pro- vision of the Constitution which is solemnly abrogated by the same authority. On such expositions and reasonings the ordinance grounds not only an assertion of the right to annul the laws of which it complains, but to enforce it by a threat of seced- ing from the Union if any attempt is made to execute them. This right to secede is deduced from the nature of the Constitution, which they say is a compact between sove- reign states, who have preserved their whole sovereignty, and, therefore, are subject to no superior ; ihat because they made the compact, they can bi-eak it, when, in their opinion, it has been departed from by the other states. Fallacious as this course of reasoning is, it enlists state pride, and finds advocates in the honest prejudices of those ^^ho have not studied the nature of our government suffi- ciently to see the radical error on which it vests. The people of the United States formed the Constitu- tion, aaing through the state legislatures in making the compact, to meet and discuss its provisions, and actmg in separate conventions when they ratified those provisions ; but the terms used in its construction, show it to be a government in which the people of all the states collec- tively are represented. We are one people m the choice of a President and Vice-President. Here the states have no other agency than to direct the mode >n which the votes shall be given. The candidates havin^G" the majority of all the votes are chosen. The electors ot a majority of the states may have given their votes for oi>« candidate, PROCLAMATION. * 2^6 and yet another may be chosen. The pemDle, then, and not the states, are represented in the execi^re branch. In tile House of Representatives there is this difference, that the people of one state do not, as in the case of Pre- sident and Vice-President, all vote for the same officers. The people of all the states do not vote for all the mem- bers, each state electing only its own representatives. But this creates no material distinction. When chosen, they are all representatives of the United States, not repre- sentatives pf the particular slate from which they come. They are paid by the United States, not by the state ; nor are they accountable to it for any act done in the per- formance of their legislative functions ; and however they may, in practice, as it is their duty to do, consult and pre- fer the interests of their particular constituents when they come in conflict with any other partial or local interest, yet it is their first and highest duty, as Representatives of the United States, to promote the general good. The Constitution of the United States then forms a government, not a league, and whether it be formed by. compact between the states, or in any other manner, its character is the same. It is a government in which all the people are represented, which operates directly on the people individually, not upon the state — they retained all the power they did not grant. But each state having expressly parted with so many powers, as to constitute jointly with the other states a single nation, cannot from that period possess any right to secede, because such secession does not break a league, but destroys the unity of a nation, and any injury to that unity is not only a breach which would result from the contravention of a compact, but it is an offence against the whole Union. To say that any state may at pleasure secede from the Union, is to say that the United States are not a nation, because it would be a solecism to contend that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offence. Secession, like any other revolutionary act, may be mo- rally justified by the extremity of oppression ; but to call it a constitutional right, is confounding the meaning ol 276 • LIFE OF JACKSON. terms, and can only be done through gross error, or to deceive those^fcio are willing to assert a right, but would pause before they made a revolution, or incur the penal- ties consequent on a failure. Because the Union was formed by compact, it is said the parties to that compact may, when they feel themselves aggrieved, depart from it, but it is precisely because it is a compact that they cannot. A compact is an agreement or binding obligation. It may by its terms have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt ; if it have a sanction, then the breach incurs the designated or imphed penalty. A league between, independent nations, generally, has no sanction other than a moral one ; or if it should contain a penalty, as there is no common superior, it cannot be enforced. A govern- ment, on the contrary, always has a sanction express or implied, and in our case, it is both necessarily imphed and expressly given. An attempt by force of arms to destroy a government, is an offence, by whatever means the constitutional compact may have been formed ; and such government has the right, by the law of self-defence, to pass acts for punishing the offender, unless that right is modified, restrained, or resumed by the constitutional act. In our system, ahhough it is modified in the case of treason, yet authority is expressly given to pass all laws necessary to carry its powers into effect, and under this grant, provision has been made for punishing acts which obstruct the due administration of the laws. It would seem superfluous to add any thing to show the nature of that union which connects us ; but as erroneous opinions on this subject are the foundation of doctrines the most destructive to our peace, I must give some further development to my views on this subject. No one, fellow- citizens, has a higher reverence for the reserved'rights of the states than the magistrate who now addresses you. No one would make greater personal sacrifices, or official exertions, to defend them from violation, but equal care must be taken to prevent on their part an improper inter- ference with, or resumption of the rights they have vested PROCLAMATION. 3?t ill the nation. The line has not been so distinctly drawn as to avoid doubts in some cases of the exercise of power. Men of the best intentions and soundest views may differ in the construction of some parts of the Constitution ; but there are others on which dispassionate reflection can leave no doubt. Of this nature appears to be the assumed right of secession.^ It rests, as we have seen, on the alleged undivided sovereignty of the states, and on their having formed in this sovereign capacity a compact which is called the Constitution, from which, because they made it, they have the right to secede. Both of these positions are erro- neous, and some of the arguments to prove them so have been anticipated. The states severally have not retained their entire sove- reignty. It has been shown that in becoming parts of a nation, not members of a league, they surrendered many of their essential parts of sovereignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were all of them functions of sove- reign power. The states, then, for all these important purposes, were no longer sovereign. The allegiance with their citizens was transferred in the first instance to the government of the United States; they became American citizens, and owed obedience to the Constitution of the United States, and to laws made in conformity with powers it vested in Congress. This last position has not been, and cannot be denied. Hou^ then can that state be said to be sovereign and independent wbg^e citizens owe obe- dience to laws not made by it, and whose magistrates are sworn to disregard those laws, when they come in conflict with those passed by another ? What shows conclusively thai the states cannot be said to have reserved an undivided sovereignly, is that they expressly ceded the right to punish treason, not treason against their separate power, but treason against the United States. Treason is an ofl^ence against sovereignty, and sovereignty must reside with the power to punish it. But the reserved rights of the states are not the less sacred because they have for the common interest made the general government the depository of these powers. The unity of our pohticaJ 278 LIFE OF JACKSON. character (as has been shown for another purpose) com- menced with its very existence. Under the royal govern- ment, we had no separate character ; our opposition to its oppressions began as united colonies. We were the United States under the Confederation, and the name was perpetuated and the Union rendered more perfect by the Federal Constitution. In none of thesp stages did we consider ourselves in any other hght than as forming one nation. Treaties and aUiances were made in the name of all. Troops were raised for the joint defence. How, then, with all these proofs, that under all changes of our position we had, for designated purposes, and with •defined powers, created national governments ; how is it that the most perfect of those several modes of union should now be considered as a mere league that may be dissolved at pleasure ? It is from an abuse of terms. Compact is used as synonymous with league, although the true term is not employed, because it would at once show the fallacy of the reasoning. It would not do to say that our Constitution was only a league, but, it is labored to prove it a compact, (which in one sense it is,) and then to argue that as a league is a compact, every compact be- tween nations must of course be a league, and that from such an engagement every sovereign power has a right to recede. But it has been shown, that in this sense the states are not sovereign, and that even if they were, and the National Constitution had been formed by compact, there would be no right in any one state to exonerate itself from its obligations. So obvious are the reasons which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced by mutual sacrifices of interests and opinion. Can those sacrifices be recalled ? Can the states, who magnani mously surrendered their title to the territories of the west, recall the grant ? Will the inhabitants of the inland states agree to pay the duties that may be imposed without their assent by those on the Atlantic or the gulf, for their own benefit ? Shall there be a free port in one state and one- rous duties in another ? No one believes that any right PROCLAMATION. 3^9 exists in a single state to involve all the others in these and countless other evils, contrary to engagements solemn- ly made. Every one must see that the other states, in self-defence, must oppose it at all hazards. These are the alternatives that are presented by the Convention ; a repeal of all the acts for raising revenue, leaving the government without the means of support ; or an acquiescence in the dissolution of our Union by the secession of one of its members. When the first was proposed, it was known that it could not be listened to for a moment. It was known if force was applied to oppose the execution of the laws, thSt it must be repelled by force — that Congress could not, without involving itself in dis- grace and the country in ruin, accede to the proposition ; and yet if this is done on a given day, or if any attempt is made to execute the laws, the state is, by the ordinance, declared to be out of the Union. The majority of a Convention assembled for the purpose, have dictated these terms, or rather its rejection of all terms, in the name of the people of South CaroHna. It is true that the Governor of the state speaks of submission of their grievances to a Convention of all the states ; which he says they " sincerely and anxiously seek and desire." Yet this obvious and constitutional mode of obtaining the sense of the other states on the construction of the federal compact, and amending it, if necessary, has never been attempted by those who have urged the state on to this destructive measure. The state might have proposed the call for a general Convention to the other states ; and Congress, if a sufficient number of them concurred, must have called it. But the first magistrate of South CaroHna, when he ex- pressed a hope that, " on a review by Congress and the "unctionaries of the general government of the merits of the controversy," suc'h a Convention will be accorded to them, must have known that neither Congress nor any functionary of the general government has authority to call such a Convention, unless it be demanded by two-thirds of the states. This suggestion, then, is another instance of a reckless inattention to the provisions of the Constitu- tion with which this crisis has been madly hurried on ; or \^ 280' LIFE OF JACKSON. of the attempt to persuade the people that a constitutional remedy had been sought and refused. If the legislature of South Carolina "anxiously desire" a general Conven- tion to consider their complaints, why have they not made application for it in the way the Constitution points out? The assertion that they "earnestly seek it" is completely negatived by the omission. This, then, is the position in which we stand. A small majority of the citizens of one state in the Union have elected delegates to a State Convention; that Convention has ordained that all the revgnue laws of the United States must be repealed, or that they are no longer a member of the Union. The Governor of that state has recommended to the legislature the raising of an array to carry the seces- sion into effect, and that he may be empowered to give clearances to vessels in the name of the state. No act of violent opposition to the laws has yet been committed, but such a state of things is hourly apprehended, and it is the intent of this instrument to proclaim not only the duty imposed on me by the Constitution " to take care that the laws be faithfullj'- executed," shall be performed to the extent of the powers already vested in me by law, or of such others as the wisdom of Congress shall devise and intrust to me for that purpose ; but to warn the citizens of South Carolina, who have been deluded into an oppo- sition to the laws, of the danger they will incur by obe- dience to the illegal and disorganizing ordinance of the Convention — to exhort those who have refused to support it, to persevere in their determination to uphold the Con- stitution and laws of their country — and to point out to all, the perilous situation into which the good people of that state have been led — and that the course they are urged to pursue is one of ruin and disgrace to the very state whose rights they affect to support.. Fellow-citizens of my native state ! — let me not only adntbnish you, as the first Magistrate of our common coun- try, not to incur the penalty of its laws, but use the in- fluence that a father would over his children, whom he saw rushing to certain ruin. In that paternal language, with that paternal feeUng, let me tell you, my countrymen, PROCLAMATION. 381 that you are deluded by men who are either deceived themselves, or wish to deceive you. Mark under what pretences you have been led on to the brink of insurrec- tion and treason, on which you stand ! First, a diminu- tion of the value of your staple commodity lowered by over production in other quarters, and the consequent dimi- nution in the value of your lands, were the sole effect of the tariff laws. The effect of those laws was confessedly injurious, but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burdens were in proportion to your exports, not to your consumption of imported articles. Your pride was roused by the assertion that a submission to those laws was a state of vassalage, and that resistance to them was equal, in patriotic merit, to the opposition our fathers offered to the oppressive laws of Great Britain. You were told that this opposition might be peaceably — might be consti- tutionally made — that you might enjoy all the advantages of the Union and bear none of its burdens. Eloquent appeals to your passions, to your state pride^o your na- tive courage, to your sense of real injury, \Wre used to prepare you for the period when the mask which con- cealed the hideous features of disunion shT)uld be taken off. It fell, and you were made to look with complacency on objects which not long since you would have regarded with horror. Look back at the arts which have brought you to this state ; look forward to the consequences to which it must inevitably lead ! Look back to what was first told you as an inducement to enter into this dangerous course. The great political truth was repeated to you, that you had the revolutionary right of resisting all laws that were palpably unconstitutional and intolerably op- pressive — it was added that the right to nullify a law rested on the same principle, but that it was a peaceable remedy! This character which was given to it, made you :^^ive with too much confidence the assertions that werWiade of the unconstitutionality of the law and its oppressive effects. Mark, my fellow-citizens, that by the admission of your leaders, the unconstitutionality must be palpable, or it will 282 LIFE OF JACKSON. not justify either resistance or nullification ! What is the meaning of the word palpable in the sense in which it is here used ? — that which is apparent to every one, that which no man of ordinary intellect will fail to perceive. Is the unconstitutionality of these laws of that descrip- tion ? Let those among your leaders who once approved and advocated the principle of protective duties answer the question ; and let them choose whether they will be considered' as incapable, then, of perceiving that which must have been apparent to every man of common under- standing, or as imposing upon your confidence and en- deavoring to mislead you now. In either case they are unsafe guides in the perilous paths they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the exaggerated language they addressed to you. They are not champions of Hberty, emulating the fame of our Revolutionary Fathers, nor are you an oppressed people, contending, as they repeat to you, against worse than colonial vassalage. You are free members of a flourishing and happy Union. There is no settled de^^n to oppress you. You have indeed felt the unequal operations of laws which may have been un- wisely, not unconstitutionally passed ; but that inequahty must necessarily be removed. At the very moment when you were madly urged on to the unfortunate course you have begun, a change in public opinion had commenced. The nearly approach- ing payment of the public debt, and the consequent ne- cessity of a diminution of duties, had already produced a considerable reduction, and that too on some articles of general consumption in your state. The importance of this change was understood, and you were authoritatively told that no further alleviation of your burdens was to be expected at the very time when the condition of the coun- try imperiously demanded such a modification of the duties a^jliould reduce them to a just and equitable scale. But, as n apprehensive of the effect of this change in allaying your discontents, you were precipitated into the fearful state in which you now find yourselves. I have urged you to look back to the means that were PROCLAMATION. 283 used to hurry you on to the position you have now as- sumed, and forward to the consequences it will produce. Something more is necessary. Contemplate the condi- tion of that country of which you still form an important part ! consider its government uniting in one bond of common interest and general protection so many different states — giving to all their inhabitants the proud title of Jimerican citizens — protecting their commerce — securing heir literature and their arts — facilitating their intercom- munication — defending the frontiers — and making their names respected in the remotest parts of the earth ! Con- sider the extent of its territory, its increasing and happy population, its advance in arts which render life agree- able, and the sciences which elevate the mind : see edu- cation spreading the hghts of religion, humanity, and general information into every cottage in this wide extent of our territories and states ! Behold it as the as3''lum where the wretched and the oppressed find a refuge and support ! Look on this picture of happiness and honor, and say, we, too, are citizens of America ! Carolina is one of these proud states ; her arms have defended, her best blood has cemented this happy Union ! And then add, if you can, without horror and remorse, this happy Union we will dissolve — this picture of peace and prosperity^ we will deface — this free intercourse we will interrupt — these fertile fields we will deluge with blood — the protection of that glorious flag we will re- nounce — the very name of Americans we discard. And for what, mistaken men ! for what do you throw away these inestimable blessings — for what would you exchange 3^our share in the advantage and honor of the Union ? For the dream of a separate independence — a dream in- terrupted by bloody conflicts with your neighbors, and a vile dependence on a foreign power. If your leaders could succeed in establishing a separation, what^ would be your situation ? A\q you united at home — are *}'0U free from the apprehension of civil discord, with afl its fearful consequences ? Do our neighboring repubhcs, every day suffering some new revolution or contending with some new insurrection — do they excite your envy? 13 284 LIFE OF JACKSON. But the dictates of a high duty oblige me solemnly to announce that you cannot succeed. The laws of the United States must be executed. I have no discretionary power on the subject ; my duty is emphatically pronounced in the Constitution. Those who told you that you might peaceably prevent their execu- tion, deceived you — they could not have been deceived themselves. They know that a forcible opposition coula alone prevent the execution of the laws, and they know that such opposition must be repelled. Their object is dis- union : but be not deceived by names ; disunion, by armed force, is treason. Are you really ready to incur its guilt ? If you are, on the heads of the instigators of the act be the dreadful consequences — on their heads be the dishonor, but on yours may fall the punishment — on your unhappy state will inevitably fall all the evils of the con- flict you force upon the government of your country. It cannot accede to the mad project of disunion, of which you would be the first victims — its first magistrate cannot, if he would, avoid the performance of his duty — the con- sequence must be fearful for you, distressing to your fel- low-citizens here, and to the friends of good government throughout the world. Its enemies have beheld our .pros- perity with a vexation they could not conceal — it was a standing refutation of their slavish doctrfnes, and they will point to our discord with the triumph of malignant joy. It is yet in your power to disappoint them. There is yet time to show that the descendants of the Pinckneys, the Sumpters, the Rutledges, and of the thousand other names which adorn the pages of your Revolutionary history, will not abandon that Union, to support which, so many of them fought, and bled, and died. I adjure you, as you honor their memory — as you love the cause of freedona, to which they dedicated their lives — as you prize the peace of your country, the lives of its best cit- izens, and your own fair fame, to retrace your steps. Snatch from the archives of your state the disorganizing edict of its convention — bid its members to re-assemble and promulgate the decided expressions of your will to remain in the path which alone can conduct you to safety, PROCLAMATION. 385 prosperity, and honor — tell them that, compared to dis- union, all other evils are light, because that brings with It an accumulation of all — declare that you will never lake the field unless the star-spangled banner of your country shall float over you — that you will not be stigmatized when dead, and dishonored and scorned while you live, as the authors of the first attack on the Constitution of your country ! — Its destroyers y^p cannot be. You may disturb its peace — you may interrupt the course of its prosperity — you may cloud its reputation for stabihty — but its tranquilhty will be restored, its prosperity will return, and the stain upon its national character will be transferred, and remain an eternal blot on the memory of those who caused the disorder. Fellow-citizens of the United States ! The threat of unhallowed disunion — the names of those, once respected, by whom it was uttered — the array of military force to support it — denote the approach of a crisis in our affairs, on which the continuance of our unexampled prosperity, •ur political existence, and perhaps that of all free gov- ernments, may depend. The conjuncture demanded a free, a full and explicit enunciation, not only of my inten- tions, but of my principles of action ; and as the claim was asserted of a right by a state to annul the laws of the Union, and even to secede from it at pleasure, a frank exposition of my opinions in relation to the origin and form of our government, and the construction I give to the instrument by which it was created, seemed to be proper. Having the fullest confidence in the justness of the legal and constitutional opinion of my duties, which has been expressed, I rely with equal confidence on your undivided support in my determination to execute the laws — to pre- serve the Union by all constitutional means — to arrest, if possible, by moderate but firm measures, the necessity of a recourse to force ; and if it be the will of Heaven that the recurrence of its primeval curse on man for the shed- ding of a brother's blood should fall upon our land, that it be not called down by any offensive act on the part of the United States. Fellow-citizens ! The momentous case is before you. 286 LIFE OF JACKSON. On your undivided support of your government depends the decision of the great question it involves, whether your sacred Union will be preserved, and the blessing it secures to us as one people shall be perpetuated. No one can doubt that the unanimity with which that decision will be expressed, will be such as to inspire new con- fidence in republican institutions, and that the prudence, the wisdom, and the courage which it will bring to their defence, will transmit th|m unimpaired and invigorated to our children. May the Great Ruler of nations grant that the signal blessings with which He has favored ours, may not, by the madness of party or personal ambition, be disregarded and lost ; and may His wise Providence bring those who have produced this crisis, to see the folly, before they feel the misery of civil strife ; and inspire a returning venera- tion for that Union, which, if we may dare to penetrate His designs, he has chosen as the only means of attaining the high destinies to which we may reasonably aspire. PROTEST. 387 Extract^rom President Jackson^ s Protest against the Action of the United States Senate.— -April 15, 1834. REASONS FOR THE PROTEST. It appears by the published journal of the Senate, that on the 26th of December last, a resolution was offered by a member of the Senate, which, after a protracted debate, was on the 28lh day of March last modified by the mover, and passed by the votes of twenty-six senators out of forty- six, who were present and voted, in the following words, viz.: " Resolved, That the President, in the late executive proceeding in relation to the public revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both." Having had the honor, through the voluntary suffrages of the American people, to fill the office of President of the United States, during the period which may be pre- sumed to have been referred to in this resolution, it is sufficiently evident, that the censure it inflicts was intended for myself. Without notice, unheard and untried, I thus find myself charged on the records of the Senate, and in a form hitherto unknown in our history, with the high crime of violating the laws and Constitution of my country. It can seldom be necessary for any department of the government, when assailed in conversation, or debate, or by the strictun s of the press or of popular assemblies, to step out of its ordinary path for the purpose of vindicating its conduct, or of pointing out any irregularity or injustice in the manner of the attack. But when the Chief Execu- tive Magistrate is, by one of the most important branches of the government, in its official capacity, in a public manner, and by its recorded sentence, but without prece- 288 LIFE OF JACKSON. dent, competent authority, or just cause, declared gnilty of the breach of the laws and Constitution, it is due to his station, to public opinion, and to proper self-respect, that the officer thus denounced should promptly expose the wrong which has been done. In the present case, moreover, there is even a stronger necessity ror such a vindication. By an express provision, of the Constitution, before the President of thS United States can enter on the execution of his office, he is required to take an oath or affirmation, in "the following words : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States ; and will, to the best of my abihty, preserve, protect, and defend the Constitution of the United States." The duty of defending, so far as in him lies, the integ- rity of the Constitution, would indeed have resulted from the very nature of his office ; but, by thus expressing it in the official oath or affirmation, which, in this respect, differs from that of every other functionary, the founders of our republic have attested their sense of its importance, and have given to it a peculiar solemnity and force. Bound to the performance of this duty by the oath I have taken, by the strongest obligations of gratitude to the American, people, and by the ties which unite my every earthly in- terest with the welfare and glory of my country ; and perfectly convinced that the discussion and passage of the above-mentioned resolution were not only unauthorized by the Constitution, but in many respects repugnant to its provisions, and subversive of the rights secured by it to other co-ordinate departments, I deem it an imperative duty to maintain the supremacy of that sacred instrument, and the immunities of the department intrusted to my care, b}'' all means consistent with my own lawful powers, with the rights of others, and with the genius of our civil institutions. To this end, I have caused this, my solemn protest against the aforesaid proceedings, to be placed on the files of the Executive Department, and to be transmitted to the Senate. PROTEST. 289 POWERS OF THE SENATE IN CASES OF IMPEACHMENT. Under the Constitution of the United States, the powers and functions of the various departments of the federal government, and their responsibihties for violation or neglect of dut)^ are clearly defined, or result by necessary- inference. The legislative power, subject to the qualified negative "of the President, is vested in the Congress of the United States, composed of the Senate and House of Re- presentatives. ' The executive power is vested exclusively in the President, except that in the conclusion of treaties, and in certain appointments to office, he is to act with the advice and consent of the Senate. The judicial power is vested exclusively in the Supreme and other Courts of the United States, except in cases of impeachment, for which purpose the accusatory power is vested in the House of Representatives, and that of hearing and determining in the Senate. But although, for the special purposes which have been mentioned, there is an occasional intermixture of the powers of the different departments, yet, with these exceptions, each of the three great departments is inde- pendent of the others, in its sphere of action ; and when it deviates from that sphere, is not responsible to the others, further than it is expressly made so in the Constitution. In every other respect, each of them is the coequal of the other two, and all are the servants of the American people, without power or right to control or censure each other in the service of their common superior, save only in the manner and to the degree which that superior has pre- scribed. The responsibilities of the President are numerous and weighty. He is liable to impeachment for high crimes and misdemeanors, and, on due conviction, to removal from office, and perpetual disqualification ; and notwithstanding such conviction, he may also be indicted and punished according to law. He is also liable to the private action of any party, who may have been injured by his illegal mandates or instructions, in the same manner and to the same extent as the humblest functionary. In addition to the responsibilities which may thus be enforced by im- 290 LIFE OF JACKSON. peachment, criminal prosecution, or suit at law,*he is also accountable at the bar of public opinion, for every act of his administration. Subject only to the restraints of truth and justice, the free people of the United States have the undoubted right, as individuals or collectively, orally or in writing, at such times, and in such language and form as they may think proper, to discuss his official conduct, and to express and promulgate their opinions concerning it. Indirectly, also, his conduct may come under review in either branch of the legislature, or in the Senate when acting in its executive capacity, and so far as the execu- tive or legislative proceedings of these bodies may require it, it may be examined by them. These are behoved to be the proper and only modes in which the President of the United States is to be held accountable for his official conduct. Tested by these principles, the resolution of the Senate is wholly unauthorized by the Constitution, and in deroga- tion of its entire spirit. It assumes that a single branch of the legislative department may, for the purposes of a pubHc censure, and without any view to legislation or impeachment, take up, consider, and decide upon the of- ficial acts of the Executive. But in no part of the Con- stitution is the President subjected to any such responsi- bihty ; and in no part of that instrument is any such power conferred on either branch of the legislature. The justice of these conclusions will be illustrated and confirmed by a brief analysis of the powers of the Senate, and a comparison of their recent proceedings with those powers. The high functions assigned by the Constitution to the Senate, are in their nature either legislative, executive, or judicial. It is only in the exercise of its judicial powers, when sitting as a court for the trial of impeachments, that the Senate is expressly authorized and necessarily required to consider and decide upon the conduct of the President or any other public officer. Indirectly, however, as has been already suggested, it may frequently be called on to perform that office. Cases may occur in the course of its legislative or executive proceedings, in which it may PROTEST. 991 be indispensable to the proper exercise of its powers, that it should inquire into, and decide upon, the conduct of the President or other public officers; and in every such case, its constitutional right to do so is cheerfully conceded. But to authorize the Senate to enter on such a task, in its legislative or executive capacity, the inquiry must actually grow out of and tend to some legislative or executive action; and the decision, when expressed, must take the form of some appropriate legislative or executive act. The resolution in question was introduced, discussed, and passed, not as a joint, but as a separate resolution. It as- serts no legislative power; proposes no legislative action; and neither possesses the form nor any of the attributes of a legislative measure. It does not appear to have been entertained or passed witb any view or expectation of its issuing in a law or joint resolution, or in the repeal of any law or joint resolution, or in any other legislative action. While wanting both the form and substance of a legis- lative measure, it is equally manifest that the resolution was not justified by any of the executive powers conferred on the Senate. These powers relate exclusively to the consideration of treaties and nominations to office, and they are exercised in secret session, and with closed doors. This resolution does not apply to any treaty or nomina- tion, and was passed in a public session. Nor does this proceeding in any way belong to that class of incidental resolutions which relate to the officers of the Senate, to their chamber, and other appurtenances, or to subjects of order, and other matters of the like nature — in all which either House may lawfully proceed, with- out any co-operation with the other, or with the President. On the contrary, the whole phraseology and sense of the resolution seem to be judicial. Its essence, true cha- racter, and only practical effect, are to be found in the conduct which it charges upon the President, and in the judgment which it pronounces upon that conduct. The resolution, therefore, though discussed and adopted by the Senate in its legislative capacity, is, in its office, and in all its characteristics, essentially judicial. That the Senate possesses a high judicial power, and 1 8^^ 292 LIFE OF JACKSOK. that instances may occur in which the President of the United States will be amenable to it, is undeniable. But under the provisions of the Constitution, it would seem to be equally plain, that neither the President, nor any other officer, can be rightfully subjected to the operation of the judicial power of the Senate, except in the cases and under the forms prescribed by the Constitution. The Constitution declares that "the President, Vice- president, and all civil officers of the United States, shall be removed from office, on impeachment for and convic- tion of treason, bribery, or other high crimes and misde- meanors;" that the House of Representatives "shall have the sole power of impeachment ;" that the Senate "shall have the sole power to try all impeachments ;" that " when sitting for that purpose, they shall be on oath or affirmation i" that •" when the President of the United States is tried, the Chief Justice shall preside ;" that " no person shall be convicted without the concurrence of two- thirds of the members present ;" and that judgment shall not extend farther than "to removal from office, and dis- qualification to hold and enjoy any office of honor, trust, or profit, under the United States." The resolution above quoted, charges, in substance, that in certain proceedings relating to the public revenue, the President has usurped authority and power not conferred upon him by the Constitution and laws, and that in doing so, he violated both. Any such act constitutes a high crime-^one of the highest, indeed, which the President can commit — a crime which justly exposes him to im- peachment by the House of Representatives, and, upon due conviction, to removal from office, and to the complete and immutable disfranchisement prescribed by the Con- stitution. The resolution, then, was in substance an impeachment of the President ; and in its passage, amounts to a decla- ration by a majority of the Senate, that he is guilty of an impeachable offence. As such, it is spread upon the journals of the Senate — pubhshed to the nation and to the world — made part of our enduring archives — and incor- porated in the history of the age. The punishment of PROTEST. 293 removal from office and future disqualification, does not, it is true, follow this decision ; nor would it have followed the like decision, if the regular forms of proceeding had been pursued, because the requisite number did not con- cur in the result. But the moral influence of a solemn declaration, by a majority of the Senate, that the accused IS guilty of the offence charged upon him, has been as effectually secured, as if the hke declaration had been made upon an impeachment expressed in the same terms. Indeed, a greater practical effect has been gained, because the voles given for the resolution, though not sufficient to authorize a judgment of guilty on an impeachment, were numerous enough to carry that resolution. That the resolution does not expressly allege that the assumption of power and authority, which it condemns, was intentional and corrupt, is no answer to the preceding view of its character and effect. The act thus condemned, necessarily implies violation and design in the individual to whom it is imputed, and being unlawful in its character, the legal conclusion is, that it was prompted by improper motives, and committed with an unlawful intent. The charge is not of a mistake in the exercise of supposed powers, but of the assumption of powers not conferred by the Constitution and laws, and in derogation of both ; and nothing is suggested to excuse or paUiate the turpitude of the act. In the absence of any such excuse or palliation, there is only room for one infer- ence ; and that is, that the intent was unlawful and cor- rupt. Besides, the resolution not only contains no miti- gating suggestion, but, on the contrary, it holds up the act complanied of as justly obnoxious to censure and re- probation ; and thus as distinctly stamps it with impurity )f motive, as if the strongest epithets had been used. The President of the United Stales, therefore, has been, by a majority of his constitutional triers, accused and found guilty of an impeachable offence ; but in no part of this proceeding have the directions of the Constitution been observed. The impeachment, instead of being preferred and pro- secuted by the House of Representatives, originated ia 294 LIFE OF JACKSON. * the Senate, and was prosecuted without the aid or con- currence of the other house. The oath or affirmation prescribed by the Constitution, was not taken by the senators ; the Chief Justice did not preside ; no notice of the charge was given to the accused ; and no opportunity afforded him to respond to the accusation, to meet his accusers face to face, to cross-examine the witnesses, to procure counteracting testimonj^, or to be heard in his defence. The safeguards and formahties which the Con- stitution has connected with the power of impeachment, were doubtless supposed, by the framers of tliat instru- ment, to be essential to thg protection of the public servant, to the attainment of justice, and to the order, impartiality, and dignity of the procedure. These safeguards and for- mahties were not only practically disregarded, in the com- mencement and conduct of these proceedings, but, in their result, I find myself convicted by less than two-thirds of the members present, of an impeachable offence. In vain it may be alleged in defence of this proceeding, that the form of the resolution is not that of an impeach- ment or a judgment thereupon — that the punishment pre- scribed in the Constitution does not follow its adoption, or that in this case no impeachment is to be expected from the House of Representatives. It is because it did not assume the form of an impeachment, that it is more pal- pably repugnant to the Constitution ; for it is through that form onl}'- that the President is judicially responsible to the Senate ; and though neither removal from office, nor future disqualification ensues, yet it is not to be pre- sumed that the framers of the Constitution considered either or both of those results as constituting the whole ot the punishment they prescribed. The judgment of guilty by the highest tribunal in the Union ; the stigma it would inflict on the offender, his family and fame ; and the perpetual record on the journal, handing down to future generations the story of his disgrace, were doubt- less regarded by them as the bitterest portions, if not the very essence of that punishment. So far, therefore, as soni« of its most material parts are concerned, the pas- sage, recording, and promulgation of the resolution, ara %'* PROTEST. 295 an attempt to bring them on the President, in a manner unauthorized by the Constitution. To shield him and other officers who are hable to impeachment, from conse- quences so momentous, except when really merited by official delinquencies, the Constitution has most carefully guarded the whole process of impeachment. A majority of the House of Representatives must think the officer guilty before he can be charged. Two-thirds of the Senate must pronounce him guilty, or he is deemed to he inno- cent. Forty-six senators appear by the journal to have been present when the vote on the resolution was taken. If, after all the solemnities of an impeachment, thirty of those senators had voted that the President was guilty, yet would he have been acquitted ; but by the mode of proceeding adopted in the present case, a lasting record of conviction has been entered up by the votes of twenty- six senators, without an impeachment or trial ; whilst the Constitution expressly declares, that to the entry of such a judgment on accusation by the House of Representa- tives, a trial by the Senate, and a concurrence of two- thirds in the vote of guilty, shall be indispensable pre- requisites. Whether or not an impeachnient was to be expected from the House of Representatives, was a point on which the Senate had no constitutional right to speculate, and in respect to which, even had it possessed the spirit of pro- phecy, its anticipations would have furnished no just grounds for this procedure. Admitting that there was reason to beheve that a violation of the Constitution and laws had been actually committed by the President, still A was the duty of the Senate, as his sole constitutional judges, to wait for an impeachment until the other house should think proper to prefer it. The members of the Senate could have no right to infer that no impeachment was intended. On the contrary, every legal and rational presumption on their part ought to have been, that if there was good reason to believe him guilty of an impeachable offence, the House of Representatives would perform its constitutional duty by arraigning the offender before the justice of his country. The contrary presumption would 296 LIFE OP JACKSON. involve an implication derogatory to the integrity and honor of the representatives of the people. But suppose the suspicion thus implied were actually entertained, and for good cause, how can it justify the assumption by the Senate, of powers not conferred by the Constitution ? It is only necessary to look at the condition in which the Senate and the President have been placed by this proceeding, to perceive its utter incompatibility with the provisions and spirit of the Constitution, and with the plainest dictates of humanity and justice. If the House of Representatives shall be of opinion that there is just ground for the censure pronounced upon the President, then will it be the solemn duty of that House to prefer the proper accusation, and to cause him to be brought to trial by the constitutional tribunal. But in what condition would he find that tribunal? A majority of its members have already considered the case, and have not only formed, but expressed a dehberate judgment upon its merits. It is the policy of our benign system of juris- prudence, to secure in all criminal proceedings, and even in the most trivial litigations, a fair, unprejudiced, and impartial trial. And surely it cannot be less important, that such a trial should be secured to the highest officer of the government. The Constitution makes the House of Representatives the exclusive judges, in the first instance, of the question, whether the President has committed an impeachable of- fence. A majority of the Senate, whose interference with this preliminary question has, for the best of all reasons, been studiously excluded, anticipate the action of the House of Representatives, assume not only the function which belongs exclusively to that body, but convert them- selves into accusers, witnesses, counsel, and judges, and pre-judge the whole case. Thus presenting the appalling spectacle, in a free state, of judges going through a labored preparation for an impartial hearing and decision, by a previous ex parte investigation and sentence against the supposed ofl^ender. There is no more settled axiom in that government whence we derive the model of this part of our Constitu- PROTEST. 297 don, than " that the lords cannot impeach any to them- selves, nor join in the accusation, because they are judges.''^ Indept*ndently of the general reason on which this rule is founded, its propriety and importance are greatly in- creased by the nature of the impeaching power. The power of arraigning the high officers of government, be- fore a tribunal whose sentence may expel them from their seats, and brand them as infamous, is eminently a popular remedy — a remedy designed to be employed for the pro- tection of private right and public liberty, against the abuses of injustice, and the encroachments of arbitrary power. But the framers of the Constitution were also undoubtedly aware that this formidable instrument had been and might be abused ; and that from its very nature, an impeachment for high crimes and misdemeanors, what- ever might be its result, would in most cases be accom- panied by so much of dishonor and reproach, solicitude and suffering, as to make the power of preferring it, one of the highest solemnity and importance. It was due to both these considerations that the impeaching power should be lodged in the hands of those who, from the mode of their election and the tenure of their offices, would most accurately express the popular will, and at the same time be most directly and speedily amenable to the people. The theory of these wise and benignant in- tentions is, in the present case, effectually defeated by the proceedings of the Senate. The members of that body represent not the people, but the states ; and though they are undoubtedly responsible to the states, yet, from their extended term of service, the efl^ect of that responsibility, during the whole period of that term, must very much depend upon their own impressions of its obligatory force. When a body, thus constituted, expresses beforehand its opinion in a particular case, and thus indirectly invites a prosecution, it not only assumes a power intended for wise reasons to be confined to others, but it shields the latter from that exclusive and personal responsibility undei which it was intended to be exercised, and reverses the whole scheme of this part of the Constitution. Such would be some of the objections to this procedure 298 LIFE OF JACKSON. even if it were admitted that there is just ground for im- puting to the President the ofiences charged in the reso- lution. But if, on the other hand, the House of j^-epre- sentatives shall be of opinion that there is no reason for charging them upon him, and shall therefore deem it improper to prefer an impeachment, then will the violation of privilege, as it respects that House, of justice, as it re- gards the President, and of the Constitution as it relates to both, be only the more conspicuous and impressive. RIGHT OF THE PRESIDENT TO REMOVE THE SECRETARY OF THE TREASURY. By the Constitution, the executive power is vested in the President of the United States. Among the duties imposed upon him, and which he is sworn to perform, is that of " taking care that the laws be faithfully executed." Being thus made responsible for the entire action of the executive department, it was but reasonable that the power ofappointing, overseeing, and controlling those who execute the laws — a power in its nature executive — should remain in his hands. It is therefore not only his right, but the Constitution makes it his duty to "nominate, and by and with the advice and consent of the Senate, appoint" all "officers of the United States, whose appointments are not in the Constitution otherwise provided for," with the pro- viso that the appointment of inferior officers may be vested in the President alone, in the courts of justice, or in the heads of departments. The executive power vested in the Senate is neither .hat of " nominating" nor " appointing." It is merely a check upon the executive power of appointment. If in- dividuals are proposed for appointment by the President, by them deemed incompetent or unworthy, they may withhold their consent, and the appointment cannot be made. They check the action of the Executive, but cannot, in relation to these very subjects, act themselves, nor direct him. Selections are still made by the Presi- dent; and the negative given to the Senate, without dimi nishing his responsibility,furnishes an additional guarantee to the country that the subordinate executive, as well as PROTEST. 299 the judicial offices, shall be filled with worthy and com- petent men. The whole executive power being vested in the Pre- sident, who is responsible for its exercise, it is a necessary consequence that he should have a right to employ agents of his own choice to aid him in the performance of his duties, and to discharge them when he is no longer wilhng to be responsible for their acts. In strict accordance with this principle, the power of removal, which, like that of appointment, is an original executive power, is left un- ' checked by the Constitution in relation to all executive officers, for w^hose conduct the President is responsible, while it is taken from him in relation to judicial officers, for whose acts he is not responsible. In the government from which many of the fundamental principles of our system are derived, the head of the executive department originally had power to appoint and remove at will all officers, executive and judicial. It was to take the judges out of this general power of removal, and thus make them independent of the Executive, that the tenure of their offices was changed to good behavior. Nor is it conceiv- able why they are placed in our Constitution upon a tenure different from that of all other officers appointed by the Executive, unless it be for the same purpose. But if there were any just ground for doubt, on the face of the Constitution, whether all executive officers are re- movable at the will of the President, it is obviated by the cotemporaneous construction of the instrument and the uniform practice under it. The power of removal was a topic of solemn debate in the Congress of 1789, while organizing the administrative departments of the government, and it was finally decided, that the President derived from the Constitution the power of removal, so far as it regards that department for whose acts he is responsible. Although the debate covered the whole ground, embracing the treasury as well as all the other executive departments, it arose on a motion to strike out of the bill to establish a department of foreign affairs, since called the department of state, a clause declaring the secretary " to be removable from office by the Presi- 300 LIFE OF JACKSON. dent of the United States." After that motion had been decided in the negative, it was perceived that these words did not convey the sense of the House of Representatives in relation to the true source of the power of removal. With the avowed object of preventing any future infer- ence, that this power was exercised by the President in virtue of a grant from Congress, when in fact that body considered it as derived from the Constitution, the words which had been the subject of debafe, were struck out and in Heu thereof a clause was inserted in a provision concerning the chief clerk of the department, which de- clared that " whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy," the chief clerk should during such vacancy have charge of the papers of the office. This change having been made for the express pilVpose of declaring the sense of Congress, that the Pre- sident derived the power of removal from the Constitution, the act, as it passed, has always been considered as a full expression of the sense of the legislature on this import- ant part of the American Constitution. Here, then, we have the concurrent authority of Pre- sident Washington, of the Senate, and House of Repre- sentatives, numbers of whom had taken an active part in the Convention which framed the Constitution, and in the state Convention which adopted it, that the President derived an unqualified power of removal from that instru- ment itself, which is " beyond the reach of legislative authority." Upon this principle the government has now been steadily administered for about forty-five years, during which there have been numerous removals made by the President, or by his direction, embracing every grade of executive officers, from the heads of departments to the messengers of bureaus. The treasury department, in the discussions of 1789, was considered on the same footing as the other executive departments, and in the act establishing it, the precise words were incorporated indicative of the sense of Con- gress, that the President derives his power to remove the secretary from the Constitution, which appear in the act PROTEST. SOI ©stablishinfi^ the department of foreign affairs. An assist- ant secretary of the treasury was created, and it was pro- vided liiat he should take charge of the books and papers of the department, "whenever the secretary shall be re- moved from office by the President of the United States." The secretary of the treasury being appointed by the President, and being considered as constitutionally remov- able by him, it appears never to have occurred to any one in the Congress^f 1789, or since, until very recent- ly, that he was other than an executive officer, the mere instrument of the Chief Magistrate in the execution of the laws, subject, like all other heads of departments, to his supervision and control. No such idea, as an officer of the Congress, can be found in the Constitution, or appears to have suggested itself to those who organized the go- vernment. CONCLUSIOX. The honest differences of opinion which occasionally exist between the Senate and the President, in regard to matters in which both are obliged to participate, are suf- ficiently embarrassing. But if the course recently adopted by the Senate shall hereafter be frequently pursued, it is not only obvious that the harmony of the relations between the President and the Senate will be destroyed, but that other and graver effects will ultimately ensue. If the censures of the Senate be submitted to by the President, the confidence'of the people in his ability and virtue, and the character and usefulness of his administration, will soon be at an end, and the real power of the government will fall into the hands of a bod}'', holding their offices for long terms, not elected by the people, and not to them directly responsible. If, on the other hand, the illegal censures of the Senate should be resisted by the President, collisions and angry controversi-es might ensue, discredit- able in their progress, and in the end compelling the peo- ple to adopt the conclusion, either that their Chief Magis- trate was unworthy of their respect, or that the Senate was chargeable with calumny and injustice. Either of^ ihese results would impair pubhc confidence in the per- 302 LIFE OF JACKSOX. fection of the system, and lead to serious alterations of its framework, or to the practical abandonment of some of its provisions. The influence of such proceedings on the other depart- ments of the government, and more especially on the states, could not fail to be extensively pernicious. When the judges, in the last resort, of official misconduct, them- selves overleaped the bounds of th^r authority, as pre- scribed by the Constitution, what general disregard of its provisions might not their example be expected to pro- duce ? And who does not perceive that such contempt of the federal Constitution, by one of its most important de- partments, would hold out the strongest temptations to resistance on the part of the state sovereignties, whenever they shall suppose their just rights to have been invaded? Thus all the independent departments of the government, and the states which compose our confederated union, instead of attending to their appropriate duties, and leav- ing those who may offend to be reclaimed or punished in the manner pointed out in the Constitution, would fall to mutual crimination and recrimination, and give to the people confusion and anarchy, instead of order and law ; until at length some form of aristocratic power would be established on the ruins of the Constitution, or the states be broken into separate communities. Far be it from me to charge, or to insinuate, that the present Senate of the United States intended, in the most distant way, to encourage such a result. It is not of their motives or designs, but only of the tendenc}'- of their acts, that it is my duty to speak. It is, if possible, to make senators themselves sensible of the danger which lurks under the precedent set in their resolution ; and at any rate to perform my duty, as the responsible head of one of the co-equal departments of the government, that I have been compelled to point out the consequences to which the discussion and passage of the resolution may lead, if the tendency of the measure be not checked in its incep- tion. It is due to the high trust with which I have been charged ; to those who may be called to succeed me in PROIEST. 303 it ; to the representatives of the people, whose constitu- tional prerogative has been unlawfully assumed ; to the people of the states ; and to the Constitution they have established ; that I shall not permit its provisions to be broken down, by such an attack on the executive depart- ment, without at least some effort " to preserve, protect, and defend them."' With this view, and for the reasons which have been stated, I do hereby solemnly protest against the aforementioned proceedings of the Senate, as un- authorized by the Constitution ; contrary to its spirit and to several of its express provisions; subversive of that distribution of the powers of government which it has ordained and established ; destructive of the checks and safeguards by which those powers were intended, on the one hand to be controlled, and on the other to be pro- tected ; and calculated by their immediate and collateral effects, by their character and tendency, to concentrate in the hands of a body not directly amenable to the people, a degree of influence and power dangerous to their liber- ties, and fatal to the Constitution of their choice. The resolution of the Senate contains an imputation upon my private as well as upon my public character; and as it must stand for ever on their journals, I cannot close this substitute for that defence which I have not been allowed to present in the ordinary form, without remarking, that I have lived in vain, if it be necessary to enter into a formal vindication of my character and motives from such an imputation. In vain do I bear upon my person, en- during memorials of that contest in which American liberty was purchased — in vain have I since perilled pro- perty, fame, and life, in defence of the rights and privi- leges so dearly bought — in vain am I now, without a personal aspiration, or the hope of individual advantage, encountering responsibilities and dangers, from which, by mere inactivity in relation to a single point, I might have been exempt — if any serious doubts can be entertained as to the purity of my purposes and motives. If I had been ambitious, I should have sought an alliance with that powerful institution, which even now aspires to no di- 804 LIFE OP JACKSON. vided empire. If I had been venal, I should have sold myself to its designs. Had I preferred personal comfort and official ease to the performance of my arduous duty, I should have ceased to molest it. In the history of con- querors and usurpers, never, in the fire of youth, nor in the vigor of manhood, could I find an attraction to lure me from the path of dutj ; and now, I shall scarcely find an inducement to commence their career of ambition, when gray hairs and a decaying frame, instead of inviting to toil and battle, call me to the contemplation of other worlds, where conquerors cease to be honored, and usurp- ers expiate their crimes. The only ambition I can feel is, to acquit myself to Him to whom I must soon render an account of my steward- ship, to serve my fellow-men, and live respected and honored in the history of my country. No ! the ambition which leads me on, is an anxious desire and a fixed de- termination, to return to the people, unimpaired, the sacred trust they have confided to my charge ; to heal the wounds of the Constitution and preserve it from further violation ; to pefsuade my countrymen, so far as I may, that it is not in a splendid government, supported by powerful monopolies and aristocratical establishments, that they will find happiness, or their liberties protection ; but in a plain system, void of pomp — protecting all, and granting favors to none — dispensing its blessings hke the dews of Heaven, unseen and unfelt, save in the freshness and beauty they contribute to produce. It is such a government that the genius of our people requires — such an one only under which our states may remain for ages to come, united, prosperous, and free. If the Almighty Being who has hitherto sustained and protected me, will but vouchsafe to make my feeble powers instrumental to such a result, I shall anticipate with pleasure the place to be assigned me in the history of my country, and die contented with the behef, that I have contributed, in some small degree, to increase the value and prolong the dura- tion of American liberty. To the end that the resolution of the Senate may not PROTEST. 305 be hereafter drawn into precedent, with the authority of silent acquiescence on the part of the executive depart- ment, and to the end, also, that my motives and views in the executive proceedings denounced in that resolu- tion, may be known to my fellow-citizens, to the world, and to ail posterity, I respectfully request that this mes- sage and protest may be entered at length on the journals of the Senate. 806 LITE OF JACKSON. SIXTH ANNUAL MESSAGE. Delivered, Decmher 2d, 1834. Fellow- Citizens of the Senate and Bouse of Representa- tives : — In performing my duty at the opening of your present session, it gives me pleasure to congratulate you again upon the prosperous condition of our beloved country. Divine Providence has favored us with general health, with rich rewards in the fields of agTiculture and in every branch of labor, and with peace to cultivate and extend the various resources which employ the virtue and enter- prise of our citizens. Let us trust that in surveying a scene so flattering to our free institutions, our joint deli- berations to preserve them may be crowned with success. Our foreign relations continue, with but few exceptions, to maintain the favorable aspect which they bore in my last annual message, and promise to extend those advan- tages which the principles that regulate our intercourse with other nations are so well calciilated to secure. The question of the northeastern boundary is still pend- ing with Great Britain, and the proposition made in ac- cordance with the resolution of the senate for the establish- ment of a hne according to the treaty of 1783, has not been accepted by that government. Beheving that every disposition is felt on both sides to adjust this perplexing question to the satisfaction of all the parties interested in it, the hope is yet indulged that it may be efifected on the basis of that proposition. With the governments of Austria, Russia, Prussia, Holland, Sweden, and Denmark, the best understanding exists. Commerce with all is fostered and protected by reciprocal good will, under the sanction of hberal conven- tional or legal provisions. SIXTH ANNUAL MESSAGE. 307 • In the midst of her internal difficulties, the queen of Spain has ratified the convention for the paj^ment of the claims of our citizens arising since 1819. It is in the course of execution on her part, and a copy of it is now laid before you for such legislation as may be found ne- cessary to enable those interested to derive the benefiis of it. Yielding to the force of circumstances, and to the wise councils of time and experience, that power has finally re- solved no longer to occupy the unnatural position in which she stood to the new governments established on this he- misphere. I have the great satisfaction of stating to you that, in preparing the way for the restoration of harmony between those who have sprung from the same ancestors, who are aUied by common interests, profess the same re- ligion, and speak the same language, the United States have been actively instrumental. Our efforts to effect this good work will be persevered in while they are deem- ed useful to the parties, and our entire disinterestedness continues to be felt and understood. The act of Congress to countervail the discriminating duties levied to the pre- judice of our navigation, in Cuba and Porto Rico, has been transmitted to the minister of the United States aj^ Madrid, to be communicated to the government of the queen. No intelHgence of its receipt has yet reached the department of state. If the present condition of the coun- try permits the government to make a careful and enlarg- ed examination of the true interests of these important portions of its dominions, no doubt is entertained that their future intercourse with the United States will be placed upon a more just and hberal basis. The Florida archives have not yet been selected and dehvered. Recent orders have been sent to the agent of ^ the United States at Havana, to return with all that he can obtain, so that they may be in Washington before the session of the supreme court, to be used in the legal ques- tions there pending, to which the government is a party. Internal tranquility is happily restored to Portugal. The distracted state of the country rendered unavoidable the postponement of a final payment of the just claims of 14 308 LIFE OF JACKSON. GUI' citizens. Our diplomatic relations will be soon re- sumed, and the long subsisting friendsliip with that power affords the strongest guarantee that the balance due will receive prompt attention. The first instalment due under the convention of in- demnity with the king of the Two Sicihes has been duly- received, and an offer has been made to extinguish the whole by a prompt payment ; an offer I did not consider myself authorized to accept, as the indemnification provi- ' ded is the exclusive property of individual citizens of the United States. The original adjustment of our claims, and the anxiety displayed to fulfil at once the stipulations made for the payment of them, are highly honorable to the government of the Two Sicihes. When it is recol- lected that they were the result of the injustice of an intrusive power, temporarily dominant in its territory, a repugnance to acknowledge and to pay which would have been neither unnatural or unexpected, the circumstances can not fail to exalt its character for justice and good faith in the eyes of all nations. The treaty of amity and commerce between the United States and Belgium, brought to your notice in my last an- ^jual message, as sanctioned by the senate, but the ratifi- cations of which had not been exchanged, owing to a de- lay in its reception at Brussels, and a subsequent absence of the Belgian minister of foreign affairs, has been, after mature deliberation, finally disavowed by that government as inconsistent with the powers and instructions given to their minister who negotiated it. This disavowal was en- tirely unexpected, as the liberal principles embodied in the convention, and which form the groundwork of the objections to it, were perfectly satisfactory to the Belgian representative, and were supposed to be not only within the powers granted, but expressly conformable to the instructions given to him. An offer, not yet accepted, has been made by Belgium to renew negotiations for a treaty less hberal in its provisions, on questions of general maritime law. Our newly established relations with the Sublime Porte promise to be useful to oui' commerce, and satisfactory in SIXTH ANNUAL MESSAGE. 309 every respect to this government. Our intercourse with the Barbary powers continues without important change, except that the present pohtical state of Algiers has in- duced me to terminate the residence there of a salaried consul, and to substitute an ordinary consulate, to remain so long as the place continues in the possession of France. Our first treaty with one of these powers, the emperor of Morocco, was formed in 1786, and was hmited to fifty years. That period has almost expired. I shall take measures to renew it with the greater satisfaction, as its stipulations are just and liberal, and have been, with mu- tual fidehty and reciprocal advantage, scrupulously ful- filled. Intestine dissensions have too frequently occurred to mar the prosperity, interrupt the commerce, and distract the governments of most of the nations of this hemisphere, which have separated themselves from Spain. When a firm and permanent understanding with the parent coun- try shall have produced a formal acknowledgment of their independence, and the idea of danger from that quarter can be no longer entertained, the friends of freedom ex- pect that those countries, so favored by nature, will be distinguished for their love of justice, and their devotion to those peaceful arts, the assiduous cultivation of which confers honor upon nations, and gives value to human fife. In the meantime, I confidently hope that the appre- hensions entertained that some of the people of these lux- uriant regions may be tempted, in a moment of unworthy distrust of their own capacity for enjoyment of hberty, to commit the too common error of purchasing present re- pose by bestoAving on some favorite leaders the fatal gift of irresponsible power, will not be realized. With all these governments, and with that of Brazil, no unexpected - changes in our relations have occurred during the present year. Frequent causes of just complaint have arisen up- on the part of the citizens of the United States — some- times from the irregular action of the constituted subordi- nate authorities of the maritime regions, and sometimes from the leaders or partisans of those in arms against the estabhshed governments. In all cases, representations 310 LIFE OF JACKSON. have been or will be made ; and as soon as tbeir political affairs are in a settled position, it is expected that our friendly remonstrances will be followed by adequate re- dress. The government of Mexico made known in December last, the appointment of commissioners and surveyors on its part, to run, in conjunction with ours, the boundary hne between its territories and the United States, and ex- cused the delay for the reasons anticipated — the preva- lence of civil war. The commissioners and surveyors not having met within the time stipulated by the treaty, a new arrangement became necessary, and our charge d'af- faires was instructed in January last, to negotiate in Mex- ico an article addtional to the pre-existing treaty. This instruction was acknowledged, and no difficulty was ap- prehended in the accomplishment of that object. By in- formation just received, that additional article to the treaty will be obtained and transmitted to this country, as soon as it can receive the ratification of the Mexican Congress. The reunion of the three states of New Grenada, Ve- nezuela, and Equador, forming the repubhc of Columbia, seems every day to become more improbable. The com- missionnrs of the first two are understood to be now ne- gotiating a just division of the obhgations contracted by when united under one government. The civil war in Equador, it is believed, has prevented even the appoint- ment of a commissioner on its part. I propose, at an early day, to submit, in the proper form, the appointment of a diplomatic agent to Venezue- la; the importance of the commerce of that country to the United States, and the large claims of our citizens upon the government, arising before and since the division of Colombia, rendering it, in my judgment, improper longer to delay the step. Our representatives to Central America, Peru, and Brazil, are either at, or on their way, to their respective posts. From the Argentine republic, from which a minister was expected to this government, nothing further has been heard. Occasion has been taken, on the departure SIXTH ANNUAL MESSAGE. 311 of a new consul to Buenos Ayres, to remind that govern- ment that its long-delayed minister, whose appointment has been made known to us, had not arrived. It becomes my unpleasant duty to inform you that this specific and highly gratifying picture of our foreign rela- tions, does not include those with France at this time. It is not possible that any government and people could be more sincerely desirous of conciliating a just and friendly intercourse with another nation, than are those of the United States, with their ancient ally and friend. This disposition is founded, as well on the most grateful and honorable recollections associated with our struggle for independence, as upon a well-grounded conviction that it is consonant with the true pohcy of both. The people of the United States could not, therefore, see, without the deepest regret, even a temporary interruption of the friendly relations between the two countries — a regret which would, I am sure, be greatly aggravated, if there should turn out to be any reasonable ground for attribut- ing such a result to any act of omission or commission on our part. I derive, therefore, the highest satisfaction from being able to assure you that the whole course of this government has been characterized by a spirit so con- ciliatory and forbearing, as to make it impossible that our justice and moderation should be questioned, whatever may be the consequences of a longer perseverance, on the part of the French government, in her omission to satisfy the conceded claims of our citizens. The history of the accumulated and unprovoked ag- gTessions upon our commerce, committed by authority of the existing governments of France, between the years 1800 and 1817, has been rendered too painfully familiar to Americans to make its repetition either necessary or desirable. It will be sufficient here to remark that there has for many years been scarcely a single administration of the French government by whom the justice and legal- ity of the claims of our citizens to indemnity were not, to a very considerable extent, admitted ; and yet near a quar- ter of a century has been wasted in ineffectual negotiations to secure it. 312 LIFE OF JACKSON. Deeply sensible of the injurious effects resulting from this state of tilings upon the interests and character of both nations, I regarded it as among my first duties to cause one more effort to be made to satisfy France that a just and liberal settlement of our claims was as well due to her own honor as to their incontestable vahdity. The negotiation for this purpose was commenced with the late government of France, and was prosecuted with such suc- cess as to leave no reasonable ground to doubt that a set- tlement of a character quite as liberal as that which was subsequently made, would have been effected, .,had not the revolution, by which the negotiation was cut off, taken place. The discussions were resumed with the present government, and the result showed that we were not wrong in supposing that an event by which the two gov- ernments were made to approach each other so much nearer in their political principles, and by which the mo- tives for the most hberal and friendly intercourse were so greatly multiplied, could exercise no other than a salutary influence upon the negotiation. After the most dehberate and thorough examination of the whole subject, a treaty between the two governments was concluded and signed at Paris on the 4th of July, 1831, by which it was stipu- lated that " the French government, in order to liberate itself from all the reclamations preferred against it by citi- zens of the United States for unlawful seizures, captures, sequestrations, confiscations, or destruction of their ves- sels, cargoes, or other property, engages to pay a sum of twenty-five millions of francs to the United States, who shall distribute it among those entitled, in the manner and according to the rules it shall determine ;" and it was also stipulated, on the part of the French government, that this twenty-five millions of francs should " be paid at Paris in six annual instalments of four millions, one hundred and sixty-six thousand, six hundred and sixty-six francs, and sixty-sik centimes each, into the hands of such person or persons as shall be authorized by the government of the United States to receive it." The fiVst instalment to be paid " at the expiration of one year next following the exchange of the ratifications of this convention, and the others at sue- SIXTH ANNUAL MESSAGE. 313 cessive intervals of a year, one after another, till the whole shall be paid. To the amount of each of the said instal- ments shall be added interest at four per cent, thereupon, as upon the other instalments then remaining unpaid, the said interest to be computed from the day of the exchange of the present convention." It was also stipulated, on the part of the United States, for the pui'pose of being completely hberated from all the reclamations presented by France on behalf of its citizens, that the sum of one million five hundred thousand francs should be paid to the government of France, in six annual instalments, to be deducted out of the annual sums which France had agreed to pay, interest thereupon being in like manner computed from the day of the exchange of the ratifications. In addition to this stipulation, impor- tant advantages Avere secured to France by the following articles, viz : " The wines of France, from and after the exchange c«f the ratifications of the present convention, shall be admitted to consumption in the states of the Union, at duties which shall not exceed the following rates by the gallon (such as is used at present for wines in the United States), to wit: six cents for red wines in casks; ten cents for white wines in casks ; and twenty-two cents for wines of all sorts in bottles. The proportions existing between the duties on French wines thus reduced, and the general rates of the tariff which went into operation the first of January, 1829, shall be maintained in case the government of the United States should think proper to diminish those general rates in a new tariff. "In consideration of this stipulation, which shall be binding on the United States for ten years, the French government abandons the reclamations which it had form- ed in relation to the eighth article of the treaty of cession of Louisiana. It engages, moreover, to establish on the long staple cottons of the United States, which, after the exchange of the ratifications of the present convention, shall be brought directly thence to France by the vessels of the United States, or by French vesseis, tiie same du- ties as on short staple cottons." This treaty was duly ratified in the manner prescribed 314 LIFE OF JACKSON. by the constitutions of both countries, and the ratifications "were exchanged at the city of Washington on the 2d of February, 1832. On account of its commercial stipula- tions, it was, within five days thereafter, laid before the Congress of the United States, which proceeded to enact such laws favorable to the commerce of France as were necessary to carry it into full execution ; and France has, from that period to the present, been in the unrestricted enjoyment of the valuable privileges that were thus secu- red to her. The faith of the French nation having been thus solemnly pledged, through its constitutional organ, for the liquidation and ultimate payment of the long-de- ferred claims of our citizens, as also for the adjustment of other points of OTeat and reciprocal benefits to both coun- tries, and the United States having, with a fidelity and promptitude by which their conduct will, I trust, be always characterized, done everything that was necessary to carry the treaty into full and fair effect on their part, counted, with the most perfect confidence, on equal fidelity and promptitude on the part of the French government. In this reasonable expectation we have been, I regret to inform you, wholly disappointed. No legislative provision has been made by France for the execution of the treaty, either as it respects the indemnities to be paid, or the commercial benefits to be secured to the United States, and the relations between the United States and that power, in consequence thereof, are placed in a situation threatening to interrupt the good understanding which has so long and so happily existed between the two na- tions. Not only has the French government been thus want- ing in the performance of the stipulations it has so solemn- ly entered into with the United States, but its omissions have been marked by circumstances which would seem to leave us without satisfactory evidences that such per- formance will certainly take place at a future period. Ad- vice of the exchange of ratifications reached Paris prior to the 8th of April, 1832. The French chambers were then sitting, and continued in session until the 21st of that month; and although one instalment of the indemnity SIXTH ANNUAL MESSAGE. 815 was payable on the 2d of February, 1833, one year after the exchange of ratifications, no application was made to the chambers for the required appropriation, and, in con- sequence of no appropriation having then been made, the draft of the United States government for that instalment was dishonored by the minister of finance, and the United States thereby involved in much controversy. The next session of the chambers commenced on the 19th of No- vember, 1832, and continued until the 25th of April, 1833. Notwithstanding the omission to pay the first instalment had been made the subject of earnest remon- strance on our part, the treaty with the United States, and a bill making the necessary appropriations to execute it, were not laid before the chamber of deputies until the 6th of April, nearly five months after its meeting, and only nineteen days before the close of the session. The bill was read and referred to a committee, but there was no further action upon it. The next session of the cham- bers commenced on the 26th of April 1833, and continued until the 25th of June following. A new bill was intro- duced on the 11th of June, but nothing important was done in relation to it during the session. In the month of April, 1834, nearly three years after the signature of the treaty, the final action of the French chambers upon the bill to carry the treaty into effect was obtained, and resulted in a refusal of the necessary appropriations. The avowed gTOunds upon which the bill was rejected, are to be found in the published debates of that body, and no observations of mine can be necessary to satisfy Congress of their utter insufficiency. Although the gTOSs amount of the claims of our citizens, is probably greater than will be ultimately allowed by the commissioners, sufficient is, nevertheless, shown, to render it absolutely certain that the indemnity falls far short of the actual amount of our just claims, independently of the question of damages and interest for the detention. That the settlement involved a sacrifice in this respect was well known at the time — a sacrifice which was cheerfully acquiesced in by the differ- ent branches of the federal government, whose action upon the treaty was required, from, a sincere desire to 14^ % 316 LIFE OF JACKSON. avoid further collision upon tliis old and disturbed sub- ject, and in the confident expectation that the general relations between the two countries would be improved thereby. The refusal to vote the appropriation, the news of which was received from our minister in Paris, about the 15th day of May last, might have been considered the final de- termination of the French government not to execute the stipulations of the treaty, and would have justified an im- mediate communication of the facts to Congress, with a recommendation of such ultimate measures as the interest and honor of the United States might seem to require. But with the news of the refusal of the chambers to make the appropriation, were conveyed the regrets of the king, and a declaration that a national vessel should be forth- with sent out, with instructions to the French minister to give the most ample explanations of the past, and the strongest assurances for the future. After a long passage, the promised despatch vessel arrived. The pledges given by the French minister, upon receipt of his instructions, were, that as soon after the election of the new members as the charter would permit, the legislative chambers of France should be called together, and the proposition for an appropriation laid before them ; that all the constitu- tional powers of the king and his cabinet should be exert- ed to accomphsh the object; and that the result should be made known early enough to be communicated to Congress at the commencement of the present session. Relying upon these pledges, and not doubting that the acknowledged justice of our claims, the promised exertions of the king and his cabinet, and above all, that sacred re- gard for the national faith and honor for which the French character has been so distinguished, would secure an early execution of the treaty in all its parts, I did not deem it necessary to call the attention of Congress to the subject at the last session. I regret to say that the pledges made through the minister of France have not been redeemed. The new chambers met on the 31st of July last, and although the subject of lulfilling treaties was alluded to in the speech SIXTH ANNUAL MESSAGE. 81 7 from the throne, no attempt was made by the king or his cabinet to procure an appropriation to carry it into execu- tion. The reasons given for this omission, although they might be considered sufficient in an ordinary case, are not consistent with tlie expectations founded upon the as- surances given here, for there is no constitutional obstacle to entering into legislative business at the first meeting of the chambers. This point, however, might have been overlooked, had not the chambers, instead of being called to meet at so early a day that the result of their delibera- tions might be communicated to me before the meeting of Congress, been prorogued to the 29th of the present month — a period so late that their decision can scarcely be made known to the present Congress prior to its dis- solution. To avoid this delay, our minister in Paris, in virtue of the assurance given by the French minister in the United States, strongly urged the convocation of the chambers at an earlier day, but without success. It is proper to remark, however, that this refusal has been ac- companied with the most positive assurances, on the part of the executive governmeni; of France, of their intention to press the appn^priation at the ensuing session of the chambers. The executive branch of this government has, as mat- ters stand, exhausted all the authority upon the subject with which it is invested, and which it had any reason to beheve could be beneficially employed. The idea of acquiescing in the refusal to execute the treaty will not, I am confident, be for a moment enter- tained by any branch of this government ; and further negotiation upon the subject is equally out of the ques- tion. If it shall be the pleasure of Congress to await the fur- ther action of the French chambers, no further considera- tion of the subject will, at this session, probably be requi- red at your hands. But if, from the original delay in ask- ing for an appropriation ; from the refusal of the cham- bers to grant it when asked ; from tlue omission to bring the subject before the chambers at their last session ; from the fact that, includinijj that session, there hare been five 318 LIFE OF JACKSON. different occasions when the appropriation might have been made ; and from the delay in convoking the cham- bers until some weeks after the meeting of Congress, when it was well known that a communication of the whole subject to Congress at the last session was prevent- ed by assurances that it should be disposed of before its present meeting, you should feel yourselves constrained to doubt whether it be the intention of the French gov- ernment, in all its branches, to carry the treaty into effect, and think that such measures as the occasion may be deemed to call for, should be now adopted, the important question arises, what those measures shall be. Our institutions are essentially pacific. Peace and friendly intercourse with all nations are as much the de- sire of our government as they are the interest of our people. But these objects are not to be permanently se- cured, by surrendering the rights of our citizens, or per- mitting solemn treaties for their indemnity, in cases of fla- grant wrong, to be abrogated or set aside. It is undoubtedly in the power of Congress seriously to affect the agricultural and ■ manufacturing interests of France, by the passage of laws relating to her trade with the United States. Her products, manufactures, and ton- nage, may be subjected to heavy duties in our ports, or all commercial intercourse with her may be suspended. But there are powerful, and to my mind conclusive ob- jections to this mode of proceeding. We can not embar- rass or cut off the trade of France, without at the same time, in some degree, embarrassing or cutting oft^ our own trade. The injury of such a warfare must fall, though unequally, upon our own citizens, and could not but im- pair the means of the government, and weaken that uni- ted sentiment in support of the rights and honor of the nation which must now pervade every bosom. Nor is it impossible that such a course of legislation would intro- duce once more into our national councils those disturb- ing questions in relation to the tariff of duties which have been so recently put to rest Besides, by every measure adopted by the government of the United States, with the view of injuring France, the clear perception of right SIXTH ANNUAL MESSAGE. 319 which will induce our own people, and the rulers and people of all other nations, even of France herself, to pro- nounce our quarrel just, will be obscured, and the support rendered to us, in a iinal resort to more decisive measures, will *be more hmited and equivocal. There is but one point in the controversy, and upon that, the whole civi- lized world must pronounce France to be in the wrong. We insist tha^ she shall pay us a sum of money, which she has acbiowlcdged to be due ; and of the justice of this demand there can be but one opinion among man- kind. True policy would seem to dictate the question at issue should be kept thus disencumbered, and that not the shghtest pretence should be given to France to per- sist in her refusal to make payment, by any act on our part aftecting the interests of her people. The question should be left as it is now, in such an attitude that, when France fulfils her treaty stipulations, all controversy will be at an end. It is my conviction that the United States ought to in- sist on a prompt execution of the treaty, and in case it be refused, or longer delayed, take redress into their own hands. After the delay on the part of France, of a quar- ter of a century, in acknowledging these claims by treaty, it is not to be tolerated that another quarter of a century is to be wasted in negotiating about the payment. The laws of nations provide a remedy for such occasions. It is a well-settled principle of the international code, that where one nation owes another a liquidated debt, which it refuses or neglects to pay, the aggrieved party may seize on the property belonging to the other, its citizens or subjects, sufficient to pay the debt, without giving just cause of war. This remedy has been repeatedly resorted to, and recently by France herself toward Portugal, un- der circumstances less unquestionable. The time at which resort should be had to this, or any other mode of redress, is a point to be decided by Con- gress. If an appropriation shall not be made by the French chambers at their next session, it may justly be concluded that the government of France has finally de- termined to disregard its own solemn undertaking, and 320 LIFE OF JACKSON. refuse to pay an acknowledged debt. In that event, every day's delay on our part wiU be a stain upon our national honor, as well as a denial of justice to our injured citizens. Prompt measures, when the refusal of France shajl be complete, will not only be most honorable and just, but will have the best effect upon our national character. Since France, in violation of the pledges giren through her minister here, has delayed her final •action so long- that her decision will not probably be known in time to be communicated to this Congress, I recommend that a law be passed authorizing reprisals upon French property, in case provision shall not be made for the payment of the debt at the approaching session of the French chambers. Such a measure ought not to be considered by France as a menace. Her pride and power are too well known to expect any thing from her fears, and preclude the neces- sity of a declaration that nothing partaking of the charac- ter of intimidation is intended by us. She ought to look upon it only as the evidence of an inflexible determination on the part of the United States to insist on their rights. That government, by doing only what it has itself acknow- ledged to be just, will be able to spare the United States the necessity of taking redress into their own hands, and save the property of French citizens from that seizure and sequesti'ation which American citizens so long endured without retahation or redress. If she should continue to refuse that acknowledged justice, and, in violation of the law of nations, make reprisals on our part the occasion of hostilities against the United States, she would but add violence to injustice, and could not fail to expose herself to the just censure of civilized nations, and to the retribu- tive judgments of Heaven. Collision with France is the more to be regretted, on account of the position she occupies in Europe in relation to liberal institutions. But, in maintaining our national rights and honor, all governments are alike to us. If, by a colhsion, in a case where she is clearly in the wrong, the march of liberal principles shall be impeded, the re- sponsibihty for that result, as well as every other, will rest on her own head. SIXTH ANNUAL MESSAGE. 321 Having submitted these considerations, it belongs to Congress to decide wlietlier, after what has taken place, it will still await the further action of the French cham- bers, or now adopt such provisional measures as it may deem necessary, and best adapted to protect the rights and maintain the honor of the country. Whatever that decision may be, it will be faithfully enforced by the exe- cutive, as far as he is authorized so to do. According to the estimates of the treasury department, the revenue accruing from all sources, during the present year, will amount to twenty millions six hundred and twenty-four thousand seven hundred and seventeen dol- lars, w^hich, with the balance remaining in the treasury on the 1st of January last, eleven millions seven hmidred and two thousand nine hundred and five dollars, produces an aggregate of thirty-two millions three hundred and twenty-seven thousand six hundred and twenty-three dol- lars. The total expenditure during the year for all ob- jects, including tlie public debt, is estimated at twenty-five millions five hundred and ninety-one thousand three hun- dred and ninety dollars, which will leavea balance in the treasury on the 1st of January, 1835, of six millions seven hundred and thirty-six thousand two hundred and thirty- two dollars. In this balance, however, will be included about one million one hundred and fifty thousand dollars of what was heretofore reported by the department as not efi'ective. Of former appropriations it is estimated that there will remain unexpended at the close of the year, eight millions and two thousand nine hundred and tAventy-five dollars, and that of this sum there will not be required more than five millions one hundred and forty-one thousand nine hundred and sixty-four dollars, to accomplish the objects of all the current appropriations. Thus it appears that, after satisfying all those appropriations, and after discharg- ing the last item of our public debt, which will be done on the 1st of January next, there will remain unexpended in the treasury an effective balance of about four hundred and forty thousand dollars. That such should be the as- pect of our finances, is highly fl.attering to the industry 322 LIFE OF JACKSON. I and enterprise of our population, and auspicious of the wealth and prosperity which await the future cultivation of their growing resources. It is not deemed prudent, however, to recommend any change for the present in our impost rates, the effect of the gradual reduction now in progress in many of them not being sufficiently tested to guide us in determining the precise amount of revenue which they will produce. Free from pubhc debt, at peace with all the world, and with no complicated interest to consult in our intercourse with foreign powers, the present may be hailed as that epoch in our history the most favorable for the settlement of those principles in our domestic policy which shall be best calculated to give stabihty to our repubhc, and secure the blessings of freedom to our citizens. Among these principles, from our past experience it can not be doubted that simplicity in the character of the federal government, and a rigid economy in its administration, should be re- garded as fundamental and sacred. All must be sensible that the existence of the public debt, by rendering taxa- tion necessary for its extinguishment, has increased the difficulties which are inseparable from every exercise of the taxing power ; and that it was, in this respect, a re- mote agent in producing those disturbing questions which grew out of the discussions relating to the tariff. If such has been the tendency of a debt incurred in the acquisi- tion and maintenance of our national rights and liberties, the obligations of which all portions of the Union cheer- fully acknowledged, it must be obvious that whatever is calculated to increase the burdens of government without necessity, must be fatal to all our hopes of preserving its true character. While we are felicitating ourselves, there- fore, upon the extinguishment of the national debt, and the prosperous state of our finances, let us not be tempted to depart from those sound maxims of public polic}^, which enjoin a just adaptation of the revenue to the expenditures that are consistent with a rigid economy, and an entire abstinence from all topics of legislation that are not clear- ly within the constitutional powers of the government, and suggested by the wants of the comitry. Properly regard- SIXTH ANNUAL MESSAGE. 323 ed under such a policy, every diminution of the pubhc burdens, arising from taxation, gives to individual enter- prise increased power, and furnishes to all the members of our happy confederacy new motives for patriotic affec- tion and support. But, above all, its most important effect will be found in its influence upon the character of the government, by confining its action to those objects which will be sure to secure to it the attachment and sup- port of our fellow-citizens. Circumstances make it my duty to call the attention of Congress to the bank of the United States. Created for the convenience of the government, that institution has become the scourge of the people. Its interference to postpone the payment of a portion of the national debt, that it might retain the public money appropriated for that purpose, to strengthen it in a political contest ; the extraordinary extension and contraction of its accommo- dations to the community ; its corrupt and partisan loans ; its exclusion of the public directors from a knowledge of its most important proceedings ; the unhmited authority conferred on the president to expend its funds in hiring writers, and procuring the execution of printing, and the ^ use made of that authority ; the retention of the pension money and books after the selection of new agents ; the groundless claim to heavy damages, in consequence of the protest of the bill drawn on the French government, have, through various channels, been laid before Congress. Im- mediately after the close of the last session, the bank, through its president, announced its ability and readiness to abandon the system of unparalleled curtailment, and the interruption of domestic exchanges, which it had prac- tised upon from the 1st of August 1833, to the 30th of .Tune, 1834, and to extend its accommodations to the com- munity. The grounds assumed in this renunciation amounted to an acknowledgment that the curtailment, in the extent to which it had been carried, was not necessa- ry to the safety of the bank, and had been persisted in merely to induce Congress to grant the prayer of the bank in its memorial relative to the removal of the depo- sites, and to give it a new charter. They were substan- 324 LIFE OF JACKSON. tially a confession that all the real distresses which indi- viduals and the country had endured for the preceding- six or eight months had been needlessly produced by it, with the view of affecting, through the sufferings of the people, the legislative action of Congress. It is a subject of congratulation that Congress and the country had the virtue and firmness to bear the affliction ; that the ener- gies of our people soon found relief from this wanton tyr- ranny, in vast importations of the precious metals from almost every part of the world : and that, at the close of this tremendous effort to control our government, the bank found itself powerless, and no longer able to loan out its surplus means. The community had learned to man- age its affairs without its assistance, and trade had already found new auxiharies; so that, on the 1st of October last, the extraordinary spectacle was presented of- a national bank, more than one half of whose capital was either lying unproductive in its vaults, or in the hands of foreign bank- ers. To the needless distresses brought on the country dur- ing the last session of Congress has since been added the open seizure of the dividends on the pubhc stock, to the amount of one hundred and seventy thousand and forty- one dollars, under pretence of paying damages, cost, and interest, upon the protested French bill. This sum con- stituted a portion of the estimated revenues for the year 1834, upon which the appropriations made by Congress were based. It would as soon have been expected that our collectors would seize on the customs, or. the receivers of our land offices on the moneys arising from the sale of pubhc lands, under pretences of claims against the United States, as that the bank would have retained the divi- dends. Indeed, if the principle be estabhshed that any one who chooses to set up a claim against the United State-s may, without authority of law, seize on the public property or money wherever he can find it, to pay the claim, there will remain no assurance that our revenue will reach the treasury, or that it will be apphed after the appropriation to the purposes designated in the law. The paymasters of our army and the pursers of our navy, may, SIXTH ANNUAL MESSAGE. 325 under like pretences, apply to their own use moneys ap- propriated to set in motion the pubhc force, and in time of war leave the country without defence. This measure resorted to by the bank is disorganizing and revolutiona- ry, and, if generally resorted to by private citizens in Uke cases, would fill the land with anarchy and violence. It is a constitutional provision, that " no money shall be drawn from the treasury but in consequence of appropri- ations made by law." The palpable object of this provi- sion is to prevent the expenditure of tlie public money for any purpose whatsoever, wliich shall not have been first approved by the representatives 'of the people and the states in Congress assembled. It vests the power of declaring for what purpose the pubhc money shall be ex- pended in the legislative department of the government, to the exclusion of the executive and judicial, and it is not within the constitutional authority of either of those de- partments to pay it away without law, or to sanction its payment. According to this plain constitutional provi- . sion, the claim of the bank can never be paid without an appropriation by act of Congress. But the bank has never asked for an appropriation. It attempts to defeat the provisions of the constitution, and obtain payment without an act of Congress. Instead of awaiting an ap- propriation passed by both houses, and approved by the president, it makes an appropriation for itself, and invites an appeal to the judiciary to sanction it. That the money has not technically been paid into the treasury, does not affect the principle intended to be established by the con- stitution. The executive and judiciaiy have as little right to appropriate and exp^id the public money without au- thority or law, before it is placed to the credit of the trea- . surer, as to take it from the treasury. In the annual report of the secretary of the treasury, and in his corre- spondence with the president of the bank, and the opi- nion of the attorney-general accompanying it, you will find a further examination of the claim of the bank, and ihe course it has pursued. It seems due to the safety of the public funds remain- mg in that bank, and to the honor of the American peo- ^26 LIFE OF JACKSON. pie, that measures be taken to separate the government entirely from an institution so mischievous to the public prosperity, and so regardless of the constitution and laws. By transferring the public deposites, by appointing other pension agents, as far as it had the power, by ordering the discontinuance of the receipt of bank checks in pay- ment of the public dues after the first day of Januaiy next, the executive has exerted all its lawful authority to sever the connexion between the government and this faithless corporation. The high-handed career of tliis institution imposes upon the constitutional functionaries of this government, duties of the gravest and most imperative character — duties which they can not avoid, and from which I trust there w^ill be no inchnation on the part of any of them to shrink. My own sense of them is most clear, as is also my readi- ness to discharge those which may rightfully fall on me. To continue any business relations with the bank of the United States, that may be avoided without a violation of the national faith, after that institution has set at open defiance the conceded rie'ht of the government to examine its aflfairs ; after it has done all in its power to deride the public authority in other respects, and to bring it into disrepute at home and abroad ; after it has attempted to defeat the clearly expressed will of the people, by turning against them the immense power intrusted to its hands, and by involving a country otherwise peaceful, flourish- ing, and happy, in dissension, embarrassment, and dis- tress ; would make the nation itself a party to the degra- dation so sedulously prepared for its pubhc agents, and do much to destroy the confidence ^f mankind in popular governments, and to bring into contempt their authority and efficiency. In guarding against an evil of such mag- nitude, considerations of temporary convenience sliould be thrown out of the question, and we should be influ- enced by such motives only as look to the honor and pre- servation of the republican system. Deeply and solemnly imjDressed with the justice of these views, I feel it to be my duty to recommend to you that a law be passed au- thorizing the sale of the public stock ; that the provisions SIXTH ANNUAL MESSAGE. 327 of the charter requiring the receipt of notes of the bank in payment of pubhc dues, shall, in accordance with the power reserved to Congress in the 14th section of the charter, be suspended until the bank pays to the treasury the dividends withheld ; and that all laws, connecting the government or its officers with the bank, directly or indi- rectly, be repealed ; and that the institution be left here- after to its own resources and means. Events have satisfied my mind, and I think the minds of the American people, that the mischiefs and dangers which flow from a national bank far overbalance all its advantages. The bold effort the present bank has made to control the government, the distresses it has wantonly produced, the violence of which it has been the occasion in one of our cities famed for the observance of law and order, are but premonitions of the fate which awaits the American people, should they be deluded into a perpetua- tion of this institution, or the establishment of another like it. It is fervently . hoped that, thus admonished, those who have heretofore favored the establishment of a sub- stitute for the present bank, will be induced to abandon it, as it is evidently better to incur any inconvenience that may be reasonably expected, than to concentrate the whole moneyed power of the republic, in any form what- soever, under any restrictions. Happily, it is already illustrated that the agency of such an institution is not necessary to the fiscal operations of the government. The state banks are found fully ade- quate to the performance of all services which were re- quired of the bank of the United States, quite as promptly and with the same cheapness. They have maintained themselves, and discharged all these duties, while the bank of the United States was still powerful, and in the field as an open enemy; and it is not possible to perceive that they will find greater difficulties in their operations when that enemy shall cease to exist. The attention of Congress is earnestly invited to th(i regulation of the deposites in the state banks by law. Al- though the power now exercised by the executive depait- 328 LIFE OF JACKSON. ment in this behalf, is only such as was uniformly exerted through every administration, from the origin of the gov- ernment up to the establishment of the present bank, yet it is one which is susceptible of regulation by law, and therefore ought so to be regulated. The power of Con- gress to direct in what places the treasurer shall keep the moneys in the treasury, and to impose restriction^ upon the executive authority in relation to their custody and removal, is unlimited, and its exercise will rather be court- ed than discouraged by those public officers and agents on whom rests the responsibility for their safety. It is desirable that as little power as possible should be left to the president or secretary of the treasury over those insti- tutions which, being thus freed from executive influence, and without a common head to direct their operations, would have neither the temptation nor the ability to inter- fere in the pohtical conflicts of the country. Not deriving their charters from the national authorities, they would never have those inducements to meddle in general elec- tions which have led the bank of the United States to agitate and convulse the country for upward of two years. The progress of our gold coinage is creditable to the officers of the mint, and promises in a short period to fur- nish the country with a sound and portable currency, which will much diminish the inconvenience to travellers of the want of a general paper currency, should the state banks be incapable of furnishing it. Those institutions have already shown themselves competent to purchase and furnish domestic exchange for the convenience of trade, at reasonable rates, and not a doubt is entertained that in a short period, all the wants of the country, in bank accommodations and in exchange, will be supplied as promptly and cheaply as they have heretofore been by the bank of the United States. If the several states shall be induced gradually to reform their banking systems, and prohibit the issue of all small notes, we shall, in a few years, have a currency as sound, and as little hable to fluctuations, as any other commercial country. The report of the secretary of war, together with ac- SIXTH ANNUAL MESSAGE. 329 companying documents from the several bureaus of that department will exliibit the situation of the various objects committed to its administration. No event has occurred since your last session, render- ing necessary any movements of the army, with the ex- ception of the expedition of the regiment of dragoons into the territory of the wandering and predatory tribes inha- biting the western frontier, and living adjacent to the Mexican boundary. These tribes have been heretofore known to us principally by their attacks upon our own citizens, and upon other Indians entitled to the protection of the United States. It became necessary for the peace of the frontiers, to check these habitual inroads, and I am happy to inform you that the object has been effected without the commission of any act of hostility. Colonel Dodge, and the troops under his command, liave acted with equal firmness and humanity, and an arrangement has been made with those Indians, which it is hoped will insure their permanent pacific relations with tlie United States, and the other tribes of Indians upon that border. It is to be regretted that the prevalence of sickfiess in tbat quarter has deprived the country of a number of va- luable lives, and particularly that of General LeavenAvorth, an officer well known and esteemed for his gallant servi- ces during the late war, and for subsequent good conduct, who has fallen a victim to his zeal and exertions in the discharge of his duty. The army is in a high state of discipline. Its^ moral condition, so far as that is known here, is good, and the various branches of the public service are carefully attend- ed to. It is amply sufficient, under its present organiza- tion, for providing the necessary garrisons for the sea- board, and for the defence of the internal frontier, and also for preserving the elements of military knowledge, and for keeping pace w^ith those improvements which modern experience is continually making. And these ob- jects appear to me to embrace all the legitimate purposes for which a permanent military force should be maintain- ed in our country. The lessons of liistory teacli us its danger, and the tendency which exists to an increase. S30 LIFE OF JACKSON. This can be best met and averted by a just caution on the part of the pubhc itself, and of those who represent them in Congress. From the duties which devolve on the engineer depart- ment, and upon the topographical engineers, a different " organization seems to be demanded by the public inte- rest, and I recommend the subject to your consideration. No important change has, during this season, taken place in the condition of the Indians. Arrangements are in progress for the removal of the Creeks, and will soon be for the removal of the Seminoles. I regret that the Cherokees east of the Mississippi have not yet determined as a community to remove. How long the personal cau- ses which have hitherto retarded that ultimately inevita- ble measure will continue to operate, I am unable to con- jecture. It is certain, however, that delay will bring with it accumulated evils, which will render their condition more and more unpleasant. The experience of every year adds to the conviction that emigration, and that alone, can preserve from destruction the remnant of tribes yet hving among us. The facility with which the neces- saries of life are procured, and the treaty stipulations pro- viding aid for the emigrant Indians in their agricultural pursuits and in the important concern of education, and their removal from those causes which have heretofore depressed all, and destroyed many of the tribes, can not fail to stimulate their exertions, and to reward their indus- try. The two laws passed at the last session of Congress on the subject of Indian affairs, have been carried into effect, and detailed instructions for their administration have been given. It will be seen by the estimates for the present session, that a great reduction will take place in the expenditures of the department in consequence of these laws, and there is reason to beheve that their ope- ration will be salutary, and that the colonization of the Indian on the western frontier, together with a judicious system of administration, will still further reduce the ex- penses of this branch of the public service, and at the same time promote its usefulness and efficiency. SIXTH ANNUAL MESSAGE. 831 Circumstances have been recently developed, showing the existence of extensive frauds under the various laws graiiting pension?^^nd gratuities for revolutionary services. It is ?inri,oixi\vithhok'^i3iate the amount which may have been thuiif^bie du^' i- / obtained from the national treasu- ry. I am sb^ i^ a, however, that it has been such as to justify a re-exa/aination of the system, and the adoption of the necessary checks in its* administration. All will agree that the services and suffering's of the remnant of our revolutionary band should be fully compensated ; but while this is done, every proper precaution should be taken to prevent the admission of fabricated and fraudu- lent claims. In the present mode of proceeding, the at- testations and certificates of judicial officers of the various states form a considerable portion of the checks which are interposed against the commission of frauds. These, how- ever, have been and may be fabricated, and in such a way as to elude detection at the examining offices ; and independently of this practical difficulty, it is ascertained that these documents are often lo'-^sely granted; some- times even blank certificates have, been issued ; sometimes prepared papers have been signed without inquiry ; and in one instance, at least, the seal of the court has been within reach of a person most interested in its improper apphcation. It is obvious that under such circumstances, no severity of administration can check the abuse of the law ; and information has from time to time been commu- nicated to the pension office, questioning or denying the right of persons placed upon the pension list to the bounty of the country. Such cautions are always attended to, and examined, but a far more general investigation is called for ; and I therefore recommend, in conformity with the suggestion of the secretary of war, that an actual inspection should be made in each state, into the circum- stances and claims of every person now drawing a pension. The honest veteran has nothing to fear from such a scru- tiny, while the fraudulent claimant will be detected, and the pubhc treasury reheved to an amount, I have reason to beheve, far greater than has heretofore been suspected. The details of such a plan could be so regulated as to 15 352 LIFE OP JACKSON. interpose tlie necessary checks without any burdensome operation upon the pensioners. The object should be twofold : — 1. To look into the original justi-^)!! the engll^jnis, so fa^- as this can be done under a ^n -per fsngineers, a ^ala+i^ . by an examl ation of the ;Ciaimant& by the •'cs, an inquirirg in the vicinity of their resi 'our into t^ieir tory, and into the opinion Entertained i jir revolut: ry services; 2. To ascertain, in all cases, whether the original clain^ ant is living, and this by actual personal inspection. This measure will, if adopted, be productive, I think, of the desired results, and I therefore recommend it to your consideration, with the further suggestion, that all pay- ments should be suspended till the necessary reports are received. It will be seen by a tabular statement annexed to the documents tra -^tted to Congress, that the appropria- tions for object v nested with the war department made at the la ';;-a"o. ., for the service of the year 1834, excluding the p. , Til appropriation for Repayment of military gratuiti ured r the act of June 7, 1832, the- appropriation of two . a-ed thousand dollars for arming and equipping the : and the appropriation of ten thousand dollars for tu ^civilization of the Indians, which are not annually renewed, amounted to the sum of nine miUions three thousand two hundred and sixty one dol- lars, and that the estimates of appropriations necessary for the same branches of service for the year 1835, amount to the sum of five milhons seven hundred and seventy-eight thousand nine hundred and sixty-four dol- lars, making a difference in the appropriations of the cur- rent year over the estimates of the appropriations for the next, of three millions two hundred and twenty-four thou- sand two hundred and ninety-seven dollars. The principal causes which have operated at this time to produce this great difference, are shown in the reports and documents, and in the detailed estimates. Some of these causes are accidental and temporary, while others are permanent, and, aided by a just course of adminstra- SIXTH ANNUAL MESSAGE. 333 To«ay continue to operate beneficially upon the public jus+^ditures. fo7i. just economy, expending where the pubHc service rquires, and withholding where it does not, is among the "-nen&able du"' ^^ of thv3 government. - refer you ^'^ /> ^accompanying report' Gt' 'the secretary he -^avy, a'''^'^" the documents with it,- for a full view ^Ae operatic £ that important branch of our service -uring the present year. It will be seen that the wisdom ind liberahty with which Congress have provided for the gradual increase of our navy material, have been seconded by a corresponding zeal and fidelity on the part of those to whom has been confided the execution of the laws on the subject; and that but a short period would be now required to put in commission a force large enough for any exigency into which the country may be thrown. When we reflect upon our position in elation to other nations, it must be apparent that, in th'' ent of conflicts with them, we must look chiefly to' made by the Bank of the United States. Defeated in the general government, the same class of intriguers and politicians will now resort to the states, and endeavor to obtain there the same organiza- tion, which they failed to perpetuate in the Union ; and with specious and deceitful plans of public advantages, and state interests, and state pride, they will endeavor to establish, in the different states, one moneyed institution with overgrown capital, and exclusive privileges, suffi- cient to enable it to control the operations of the other banks. Such an institution will be pregnant with the same evils produced by the Bank of the United States, Although its sphere of action is more confined ; and in the state in which it is chartered, the money power will be able to embody its whole strength, and to move together with undivided force, to accomplish any object it may wish to attain. You have already had abundant evidence of its power to inflict injury upon the agricultural, me- chanical, and laboring classes of society ; and over those whose engagements in trade or speculation render them dependent on bank facihties, the dominion of the state monopoly will be absolute, and their obedience unlimited. With such a bank, and a paper currency, the money power would in a few years govern the state and control its measures ; and if a sufficient number of states can be induced to create such estabhshm&nts, the time will soon come when it will again take the field against the United States, and succeed in perfecting and perpetuating its organization by a charter from Congress. It is one of the serious evils of our present system of banking, that it enables one class of society — and that by no means a numerous one — by its control over the cur- rency, to act injuriously upon the interests of all the others, and to exercise more than its just proportion of influence in political affairs. The agricultural, the mechanical, and the laboring classes, have little or no share in the direction of the great moneyed corporations ; and from their habits 368 LIFE OF JACKSON. and the nature of their pursuits, they are incapable of forming extensive combinations to act together with united force. Such concert of action may 'sometimes be produced in a single city, or in a small dis*- oi of country, by means of personal communications with each other ; but they have no regular or active correspondence with those who are engaged in similar pursuits in distant places ; they have but little patronage to give to the press, and exercise but a small share of influence over it ; they have no crowd of dependents about them, who hope to grow rich without labor, by their countenance and favor, and who are, there- fore, always ready to execute their wishes. The planter, the farmer, the mechanic, and the laborer, all know that their success depends upon their own industry and economy, and that they must not expect to become suddenly rich by the fruits of their toil. Yet these classes of society form the great body of the people of the United States ; they are the bone and sinew of the country ; men who love liberty, and desire nothing but equal rights and equal laws, and who, moreover, hold the great mass of our national wealth, although it is distributed in moderate amounts among the millions of freemen who possess it. But with overwhelming numbers and wealth on their side, they are in constant danger of losing their fair influence in the government, and with difficulty maintain their just rights against the incessant efforts daily made to encroach upon them. The mischief springs from the power which the moneyed interest derives from a paper currency, which they are able to control, from the multitude of corporations with exclusive privileges, which they have succeeded in ob- taining in the difl^erent states, and which are employed altogether for their benefit; and unless you become more watchful in your states, and check this spirit of mono- poly and thirst for exclusive privileges, you will, in the end, find that the most important powers of government have been given or bartered away, and the control over your dearest interests have passed into the hands of these corporations. FAREWELL ADDRESS. 300 The paper-money system, and its natural associates, monopoly and exclusive privileges, have already struck their roots deep in the soil ; and it will require all your efforts to check its farther growth, and to eradicate the evil. The men who profit by the abuses, and desire to perpetuate them, will continue to besiege the halls of legis- lation in the general government, as well as in the states, and will seek, by every artifice, to mislead and deceive the public servants. It is to yourselves that you must look for safety and the means of guarding and perpetuat- ing your free institutions. In your hands is rightfully placed the sovereignty of the country, and to you every one placed in authority is ultimately responsible. It is always in your power to see that the wishes of the people are carried into faithful execution, and their will, when once made known, must sooner or later be obeyed. And while the people remain, as I trust they ever will, uncor- rupted and incorruptible, and continue watchful and jealous of their rights, the government is safe, and the cause of freedom will continue to triumph over all its enemies. But it will require steady and persevering exertions on your part to rid yourselves of the iniquities and mischiefs of the paper system, and to check the spirit of monopoly and other abuses, which have sprung up with it, and of which it is the main support. So many interests are united to resist all reform on this subject, that you must not hope the conflict will be a short one, nor success easy. My humble efforts have not been spared, during my adminis- tration of the government, to restore the constitutional currency of gold and silver ; and something, I trust, has been done towards the accomplishment of this most desir- able object. But enough yet remains to require all your nergy and perseverance. The power, -iiowever, is in our hands, and the remedy must and will be applied if you determine upon it. While I am thus endeavoring to press upon your at- tention the principles which I deem of vital .importance to the domestic concerns of the country, I ought not to pass over without notice the important considerations which 3/0 LIFE OF JACKSON. should govern your policy towards foreign powers. It is unquestionably our true interest to cultivate the most friendly understanding with every nation, and to avoid, by every honorable means, the calamities of war ; and we shall best attain this object by frankness and sincerity in our foreign intercourse, by the prompt and faithful execu- tion of treaties, and by justice and impartiality in our conduct to all. But no nation, however desirous of peace, can hope to escape collisions with other powers ; and the soundest dictates of poHcy require that we should place ourselves in a condition to assert our rights, if a resort to force should ever become necessary. Our local situation, our long line of sea-coast, indented by numerous bays, with deep rivers opening into the interior, as well as our extended and still increasing commerce, point to the navy as our natural means of defence. It will, in the end, be found to be the cheapest and most effectual ; and now is the time, in the season of peace, and with an overflowing revenue, that we can j^ear after year add to its strength, without increasing the burdens of the people. It is your true policy. For your navy will not only protect your rich and flourishing commerce in distant seas, but enable you to reach and annoy the enemy, and will give to defence its greatest efficiency by meeting danger at a distance from home. It is impossible by any Hne of fortifications to guard every point from attack against a hostile force advancing from the ocean and selecting its object ; but they are indispensable to protect cities from bombard- ment; dock-yards and navy arsenals from destruction; to give shelter to merchant vessels in time of war, and to single ships or weaker squadrons when pressed by supe- rior force. Fortifications of this description cannot be too soon completed and armed, and placed in a condition of the most perfect preparation. The abundant means we now possess cannot be applied in any manner more useful to the country; and when this is done, and our naval force sufficiently strengthened, and our militia armed, we need not fear that any nation will wantonly insult us, or needlessly provoke hostilities. We shall more certain- FAREWELL ADDRESS. 3Vl iy preserve peace, when it is well understood that we are prepared for war. In presenting to you, my fellow-citizens, these parting counsels, I have brought before you the leading prin- ciples upon Avhich I endeavored to administer the govern- ment in the high office with which you twice honored me. Knowing that the path of freedom is continually beset by enemies, who often assume the disguise of friends, I have devoted the last hours of my public life to warn you of the dangers. The progress of the United States, under our free and happy institutions, has sur- passed the most sanguine hopes of the founders of the Republic. Our growth has been rapid beyond all former example, in numbers, in wealth, in knowledge, and all the useful arts which contribute to the comforts and con- venience of man ; and from the earliest ages of history to the present day, there never have been thirteen millions of people associated together in one political body, who enjoyed so much freedom and happiness as the people of these United States. You have no longer any cause to fear danger from abroad ; your strength and power are well known throughout the civilized world, as well as the high and gallant bearing of your sons. It is from within, among yourselves, from cupidity, from corruption, from disappointed ambition, and inordinate thirst for power, that factions will be formed and hberty endangered. It is against such designs, whatever disguise the actors may assume, that you have especially to guard yourselves. You have the highest of human trusts committed to your care. Providence has showered on this favored land blessings without number, and has chosen you as the guardians of freedom, to preserve it for the benefit of the human race. May He, who holds in his hands the des- tinies of nations, make you worthy of the favors he has bestowed, and enable you, with pure hearts, and pure hands, and sleepless vigilance, to guard and defend to the end of time the great charge he has committed to your keeping. My own race is nearly run ; advanced age and failing 3*72 LIFE OF JACKSON. kealth warn me that before long I must pass beyond the reach of human events, and cease to feel the vicissitudes of human affairs. I thank God that my life has been spent in a land of liberty, and that he has given me a heart to love my country with the affection of a son. And filled with gratitude for your constant and unwavering kindness, I bid you a last and affectionate farewell. LETTER TO COMMODORE ELLIOTT. 3/3 General Jackson* s Letter to Commodore Elliott^ declining a Sarco- phagus. Hermitage, March 27, 1845. Dear Sir: Your letter of the 18th instant, together with a copy of the proceedings of the National Institute, furnished me by their corresponding secretary, on the presentation, by you, of the Sarcophagus for their accept- ance, on condition it shall be preserved, and in honor of my memory, have been received, and are now before me. Although laboring under great debility and affliction, from a severe attack from which I may not recover, I raise my pen and endeavor to reply. The steadiness of my nerves may perhaps lead you to conclude my prostration of strength is not so great as here expressed. Strange as it may appear, my nerves are as steady as they were forty years gone by ; whilst, from debility and affliction, I am gasping for breath. I have read the whole proceedings of the presentation, by you, of the Sarcophagus, and the resolutions passed by the Board of Directors, so honorable to my fame, with sensations and feelings more easily to be conjectured, than by me expressed. The whole proceedings call for my most grateful thanks, which are hereby tendered to you, and through you to the President and Directors of the National Institute. But with the warmest sensations that can inspire a grateful heart, I must dechne accepting the honor intended to be bestowed. I cannot consent that my mortal body shall be laid in a repository prepared for an emperor or a king. My republican feelings and principles forbid it ; the simpHcity of our system of government for- bids it. Every monument erected to perpetuate the me- mory of our heroes and statesmen ought to bear evidence of the economy and simplicity of our repubhcan institu- tions, and the plainness of our repubhcan citizens, who 374 LIFE OF JACKSON. are the sovereigns of our glorious Union, and whose virtue is to perpetuate it. True virtue cannot exist where pomp and parade are the governing passions : it can only dwell ;ith the people — the great laboring and producing classes ^hat form the bone and sinew of our confederacy. For these reasons I cannot accept the honor you and the President and Directors of the National Institute in- tended to bestow. I cannot permit my remains to be the first in these United States to be deposited in a sarco- phagus made for an emperor or king. I again repeat, please accept for yourself, and convey to the President and Directors of the National Institute, my most profound respects for the honor you and they intend to bestow. I have prepared an humble depository for my mortal body beside that wherein lies my beloved wife, where, without any pomp or parade, I have requested, when my God calls me to sleep with my fathers, to be laid ; for both of us there to remain until the last trumpet sounds to call the dead to judgment, when we, I hope, shall rise to- gether, clothed with that heavenly body promised to all who believe in our glorious Redeemer, who died for us that we might live, and by whose atonement I hope for a blessed immortality. I am, with great respect, your friend and fellow-citizen, Andrew Jackson. To Commodore J. D. Elliott, United States Navy. XIFB OF JACKSON, 375 LAST WILL AND TESTAMENT. Hermitage, June 1th, 1843. In the Name of G-od, Amen: — I, Andrew Jackson, Sen'r., being of sound mind, memory, and understanding, and impressed with the gTeat uncertainty of hfe and the certainty of death, and being desirous to dispose of my temporal affairs so that after my death no contention may arise relative to the same — And whereas, since executing my will of the 30th of September, 1833, my estate has become greatly involved by my liabiUties for the debts of my well -beloved and adopted son Andrew Jackson, Jun., which makes it necessary to alter the same : Therefore I, Andrew Jackson, Sen'r., of the county of Davidson, and state of Tennessee, do make, ordain, pubhsh, and declare this my last will and testament, revoking all other wills by me heretofore made. First, I bequeath my body to the dust whence it comes, and my soul to God who gave it, hoping for a happy im- mortahty through the atoning merits of our Lord Jesus Christ, the Saviour of the world. My desire is, that my body be buried by the side of my dear departed wife, in the garden at the Hermitage, in the vault prepared in the garden, and all expenses paid by my executor hereafter named. Secondly, That all my just debts to be paid out of my personal and real estate by my executor ; for which pur- pose to meet the debt my good friends Gen'l J. B. Plan- chin & Co. of New Orleans, for the sum of six thousand dollars, with the interest accruing thereon loaned to me to meet the debt due by A. Jackson, Jun., for the pur- chase of the plantation from Hiram G. Eunnels, lying on the east bank of the river Mississippi, in the state of Mis- sissippi. Also, a debt due by me of ten thousand dollars. 876 LIFE OF JACKBON. borrowed of my friends Blair and Rives, of the city of Washington and District of Columbia, with the interest accruing thereon ; being apphed to the payment of the lands bought of Hiram G. Runnels as aforesaid, and for the faithful payment of the aforesaid recited debts, I here- by bequeath all my re*al and personal estate. After these debts are fully paid — Thirdly, I give and bequeath to my adopted son, An- drew Jackson, Junior, the tract of land whereon I now hve, known by the Hermitage tract, with its butts and boundaries, with all its appendages of the three lots of land bought of Samuel Donelson, Thomas J. Donelson, and Alexander Donelson, sons and heirs of Sovern Donel- son, deceased, all adjoining the Hermitage tract, agreeable to their butts and boundaries, with all the appurtenances thereto belonging or in any wise appertaining, with all my negroes that I may die possessed of, with the exception hereafter named, with all their increase after the before recited debts are fully paid, with all the household furni- ture, farming tools, stock of all kind, both on the Hermi- tage tract farms, as well as those on the Mississippi plan- tation, to him and his heirs for ever. — The true intent and meaning of this my last will and testament is, that all my estate, real, personal, and mixed, is hereby first pledged for the payment of the above recited debts and interest; and when they are fully paid, the residue of all my estate, real, personal and mixed, is hereby bequeathed to my adopted son A. Jackson, Jun., with the exceptions here- after named, to him and his heirs for ever. Fourth, Whereas I have heretofore by conveyance, de- posited with my beloved daughter Sarah Jackson, wife of my adopted son A. Jackson, Jun., given to my beloved granddaughter, Rachel Jackson, daughter of A. Jackson, Jun. and Sarah his wife, several negroes therein described, which I hereby confirm. — I give and bequeath to my be- loved grandson Andrew Jackson, son of A. Jackson, Jun. and Sarah his wife, a negro boy named Ned, son of Black- smith Aaron and Hannah his wife, to liim and his heirs for ever. Fifth, I give and bequeath to my beloved httle gr^nd- LAST WILL AND TESTAMENT. 3^7 son, Samuel Jackson, son of A. Jackson, Jun. and his much beloved wife Sarah, one negro boy named Davy or George, son of Squire and his wife Giney, to him and his heirs for ever. Sixth, To my beloved and affectionate daughter, Sarah Jackson, wife of my adopted and well beloved son, A. Jackson, Jun., I hereby recognise, by this bequest, the gift I made her on her marriage, of the negro girl Gracy, which I bought for her, and gave her to my daughter Sa- rah as her maid and seamstress, with her increase, with my house-servant Hannah and her two daughters, name- ly, Charlotte and Mary, to her and her heirs for ever. This gift and bequest is made for my great affection for her — as a memento of her uniform attention to me and kindness on all occasions, and particularly when worn down with sickness, pain, and debility — she has been more than a daughter to me, and I hope she never will be disturbed in the enjoyment of this gift and bequest by any one. Seventh, I bequeath to my well beloved nephew, An- drew J. Donelson, son of Samuel Donelson, deceased, the elegant sword presented to me by the state of Tennessee, with this injunction, that he fail not to use it when neces- sary in support and protection of our glorious union, and for the protection of the constitutional rights of our belo- ved country, should they be assailed by foreign enemies or domestic traitors. This, from the great change in my worldly affairs of late, is, with my blessing, aU I can be- queath him, doing justice to those creditors to whom I am responsible. This bequest is made as a memento of my high regard, affection, and esteem I bear for him as a high-minded, honest, and honorable man. Eighth, To my grand-nephew Andrew Jackson Coffee, I bequeath the elegant sword presented to me by the Rifle Company of New Orleans, commanded by Capt. Beal, as a memento of my regard, and to bring to his recollection the gallant services of his deceased father Gen'l John Cof- fee, in the late Indian and British war, under my com- mand, and his gallant conduct in defence of New Orleans in 1814 and 1815; with this injunction, that he wield it in the protection of the rights secured to the American 378 LIFE OF JAtJKSON. citizen under our glorious constitution, against all inva- ders, whether foreign foes, or intestine traitors. I bequeath to my beloved grandson Andrew Jackson, son of A. Jackson, Jun. and Sarah his wife, the sword pre- sented to me by the citizens of Philadelphia, with this injunction, that he will always use it in defence of the con- stitution and our glorious union, and the perpetuation of our repubhcan system : remembering the motto — " Draw me not without occasion, nor sheath me without honour." The pistols of Gen'l Lafayette, which were presented by him to Gen'l George Washington, and by Col. Wm. Robertson presented to me, I bequeath to George Wash- ington Lafayette, as a memento of the illustrious persona- ges through whose hands they have passed — his father^ and the father of his country. The gold box presented to me by the corporation of the City of New York, the large silver vase presented to me by the ladies of Charleston, South Carolina, my native state, with the large picture representing the unfurling of the American banner, presented to me by the citizens of South Carolina when, it was refused to be accepted by the United States Senate, I leave in trust to my son A. Jack- son, Jun., with directions that should our happy country not be blessed with peace, an event not always to be ex- pected, he will at the close of the war or end of the con- flict, present each of said articles of inestimable value, to that patriot residing in the city or state from which they were preented, who shall be adjudged by his countrymen or the ladies to have been the most valiant in defence of his country and our country's rights. The pocket spyglass which was used by Gen'l Wash- ington during the revolutionary war, and presented to me by Mr. Custis, having been burned with my dwelling- house, the Hermitage, with many other invaluable relics, I can make no dispositon of them. As a memento of my high regard for Gen'l Robert Armstrong as a gentleman, patriot and soldier, as well as for his meritorious militaiy services under my command during the late British and Indian war, and remembering the gallant bearing of him and his gallant little band at Enotochopco creek, when, LAST WILL AND TESTAMENT. 379 falling desperately wounded, he called out — " My brave fellows, some may fall, but save the cannon" — as a me- mento of all these things, I give and bequeath to him my case of pistols and sword worn by me throughout my mihtary career, well satisfied that in his hands they will never be disgraced— that they will never be used or drawn without occasion, nor sheathed but with honour. Lastly, I leave to my beloved son all my walking-canes and other rehcs, to be distributed amongst my young relatives — ^namesakes — first, to my much esteemed name- sake, Andrew J. Donelson, son of my esteemed nephew A. J. Donelson, his first choice, and then to be distributed as A. Jackson, Jun. may think proper. Lastly, I appoint my adopted son Andi-ew Jackson, Jun., my whole and sole executor to this my last will and testament, and direct that no security be required of him for the faithful execution and discharge of the trusts here- by reposed in him. In testimony whereof I have this 7th day of June, one thousand eight hundred and forty-three, hereunto set my hand, and affixed my seal, hereby revoking all wills here- tofore made by me, and in the presence of Marion Adams, Elizabeth D. Love, ANDREW JACKSON. (Seal.) Thos. J. Donelson, Richard Smith, R. Armstrong. 17 JIBO life op JACKSON. State cf Tennessee, Davidson County Court, July Term, 1845. A paper writing, purporting to be the last will and tes- tament of Andrew Jackson, Sen., dec'd., was produced in open court for probate, and proved thus : — Marion Adams, Elizabeth D. Love, and Richard Smith, three of the sub- scribing witnesses thereto, being first duly sworn, depose and say, that they became such in the presence of the said Andrew Jackson, Sr., dec'd., and at his request and in the presence of each other ; and that ^qj verily beheve he was of sound and disposing mind and memory at the time of executing the same. Ordered, That said paper writing be admitted to record as such will and testament of the said Andrew Jackson, Sr., dec^d. Whereupon Andrew Jackson, Jun., the exe- cutor named in said will, came into court and gave bond in the sum of two hundred thousand dollars, (there being no security required by said will,) and quaUfied according to law. Ordered, That he have letters testamentary granted to him. State of Tennessee, Davidson County: I, Robert B. Castleman, Clerk of the Coimty Court, of said county, do certify that the foregoing is a true and perfect copy of the original will of Andrew Jackson, Sr., dec'd., together with the probate of the same, as proven at the July term, 1845, of said court, as the same remains of record in my office. In testimony whereof I have hereimto set my hand and affixed the seal of said court at my office, this the 15th day of August, in the year of our Lord one thousand eight hundred and forty-five. Ro. B. Castleman By his deputy, Phineas Garrett. Bi^mtjum*^ wsGotj^ksE. SSI DR. BETHUNE'S DISCOURSE, Pronouncsd July Qth, 1845. '♦iForhe established a testimony in Jacob, and appointed a law in Israel, which he commanded our fathers that they should make them known to their children; that the generation to come might know them, even the children which should be born, who should arise and declare them to their children, that they might set their hope in God, and not forget the works of God, but keep his commandments."— Psalm Ixxviii. 5, 6, 7. Among our many national sins, there is none more likely to provoke divine chastisement, yet less considered or repented of, even by Christians, than ingratitude for pohtical blessings. That there are evils among us, no one will deny ; that changes might be made for the better, it were unreasonable to doubt ; and, concerning methods of removing evil, or working good, we may differ widely, yet honestly. Evil is inseparable from human nature, the best human schemes are capable of improvement, and human opinions must be various, because they are falHble. It is a narrow, unthankful spirit, which, brooding over imperfections, or sighing after greater advantages, or bitter^ ly condemning all who think not the same way, refuses to perceive and acknowledge the vast benefits we actually enjoy. Never was there a revolution at once so just and so successful as that which won our country's indepen- dence : never, except in the Bible, have the rights of raan been so clearly and truly defined as in our constitution ; never did greater success attend a social experiment than has followed ours. Sinc^ the estabhshment of our con- federacy, tumults, insurrections, and violent changes, have been busy in all the civiHzed world besides. Throne after throne has fallen, and dynasties have been built up on the bloody ruins of dynasties. In some nations the people S82 LIFE OF JACKSON. have wrung, by force, partial concessions from hereditary rule ; in others, after convulsive, misdirected efforts, they have been crushed again by the iron hoof of despotism; nor is the voice of a prophet needed to foretell a long, desperate struggle of uprising humanity with the powers of political darkness; while the bloody discords and con- stant confusion of other repubUcs on the same continent with ourselves, demonstrate the incompatibility of free- dom with ignorance and superstition. Ours is now, with the exception of the Russian and British (if, indeed, the passage of the Reform BiU was not an organic change), older than any monarchical government in Christendom. The increase of our population from less than three mil- lions to twenty, in seventy years, multiphes many times any former example ; yet, notwithstanding the enormous migration to us from various countries, where free princi- ples are unknown, our wide land has more than enough room for all : growth in numbers has been a chief cause of our growth in wealth, and our laws, strong as they are liberal, have proved themselves sufficient to compose, maintain and rule all in concord, prosperity and power. You will search in vain for another example of a vast na- tion governed, without troops or armed police, by their own "vvil^ It is not five years since, that our people, spread out over an immense territory, after a contest in which the utmost enthusiasm excited both parties, changed their rulers. Yet not a bayonet was fixed, nor a cannon pointed, nor a barricade raised, to guard the place of suf- frage. The ballot, falUng noiselessly as snow upon the rock, achieved the result Within the last twelvemonth, the stupendous process has been repeated as peaceably and safely. Each of the great pohtical sects, which divide the popular vote, has triumphed and been beaten. Much there has been to censure in the harsh recrimination and unfraternal bigotry on either side ; but when the decision was reached, though the long-rolling swells which succeed the storm did not at once subside, and here and there some \iolent partisan may have betrayed his vexation, the surface became calm, and the noise soon died away Every true patriot, submissive to the oracle of the polls. bethune's discourse. 883 whether wisdom or error, said in his heart, God bless THE people! Our difficulties, real or supposed, have arisen out of our advantages, for good and evil are mixed with all human affairs. The freedom of those institutions under which we hve, has its price, which must be paid, so long as man is prone to abuse, by impatience and excess, those favours of Almighty God which yield happiness only when they are used moderately and reHgiously. Elated by pros- perity, we have forced our growth too fast. We have attempted by plausible inventions to transcend the laws of trade and production. We have complicated the ma- chinery of our interests until our clear, simple constitu- tion, has become, in the hands of sophisticating pohticians, a riddle of mysteries. The Hmits of habitation have been enlarged beyond the blessings of church and school-house. Vices and faults, pecuhar to new settlements, have reach- ed the heart of our legislation. To carry on. our far gTasping. schemes, we have strained our credit till it broke. Freedom of speech and of the press, has been abused to licentiousness by prejudice, rashness, and selfish ambition. Acknowledging as we do the rights of conscience in their broadest meaning, even the holy name of religion has been dragged upon the arena of party. Our repubhc is not a paradise : our countrymen, like ourselves, are not angels, but frail, erring men. Our his- tory has been an experiment Mistakes have been and will be made. It is thus that we are to learn. Shall we, in coward diepticism, overlook our immense advantages to hang our fears upon a few faults, or prognosticate the fail- ure of a system which has accomplished so much, because it shares with others the imperfections of humanity ? Is there a sober-minded man among us, who would be will- ing to encounter the oppressions of what are called strong governments, that he might escape from under our pre- sent system. Our faults are our own, and our misfortunes are consequences of our faults ; but our poHtical advanta- ges are God's rich gifts, which it becomes us thankfully to receive and piously improve. All our evils have their legitimate remedies, and there is no danger which may 384 I.IFE OF JACESON. not be avoided by a wise care. Instead, therefore, of querulous fears and ungrateful discontent, the Christian patriot should zealously inquire what he can do to secure and advance the best welfai-e of our beloved land. Our holy text is full of instruction to this end. The psalmist is describing the poUcy of God with Israel, the people whom he wished to Imow no king but himself, and therefore, the only safe pohcy for any people who would preserve their hberties from the encroachment of despotic rule. " He established a testimony in Jacob, and appointed a law in Israel, which he commanded our fathers that they should make them known to their children ; that the gene- ration to come might know them, even the children which should be born ; who should arise and declare them to their children, that they might set their hopes in God, and not forget the works of God, but keep his command- ments." We see here. First: The character of a safe and happy peo- ple. "They set their hopes in God; they forget not the works of God; they keep his commandments." Secondly: The means which God has appointed FOR cultivating THIS CHARACTER. " He estabhshed a law in Jacob, and appointed a testi- mony in Israel." Thirdly : The obligation upon a Christian patriot ARISING FROM THIS PROVIDENCE OF JeHOVAH. "He commanded our fathers that they should make them known to their children; that the generation to come might know them, even the children which might be born ; who should arise and declare them to their chil- dren." First : The character of a safe and happy people. They " set their hopes in God." The man who looks to God as the source of his welfare, is hfted above tempta- tion within and without Conscious of a holy, heart- searching eye, upon him, his virtue will not be an outward semblance, cloaking from human sight, secret crime or BETHUNE*S DISCOURSE. 385 selfish purposes. The opinions, fashions, or rewards of the world, will neither shape liis principles nor modify his practice. He will fear to do evil, lest he should offend against God. He will do justice and love mercy, because he walks humbly with God. His expectations of eternity will guard and sustain him in honesty. He knows himself to be immortal ■ and God eternal ; that vice, which no human scrutiny can detect and no human laws can punish, will meet a terrible ven- geance, while good acts and purposes wdll be rewarded openly by Him, who seeth in secret, at the judgment day. The pains of virtue and the pleasures of vice, being ahke transitory, are of little account in his estimation, who sets his hope in God, his Saviour, and his judge. He re- lies upon God, because He is merciful, and knows that he is safe, because God is Almighty. Were our nation composed of such believers, how un- troubled would be our peace ! how entire our mutual con- fidence ! how free our affairs from intrigue, corruption and wrong! The key would never be turned in the lock, the gibbet seen no more, and the prison doors stand open. No man would fear, but every man would love his neigh- bour, and the true interests of all be acknowledged by each as his owil They " forget not the works of God." When God is the treasury of a man's hopes, he loves to trace the work- ings of God's wisdom and powder, that he may know the sources upon which he can draw. He considers creatioii, and in its minuteness as well as its vastness, he reads cer- tain proof of the same Power which made, ruling so per- fectly, that nothing is overlooked, and so absolutely, that nothing is beyond his presiding w411. He considers re- demption, that God so loved the world as to give his only begotten Son as the deliverer of all w ho beheve upon his name, and that all power is in the hands of our Elder Brother, the incarnate God. Therefore is he sure, that God rules in mercy as well as justice, that he will listen to the prayer of his people, and that, however mysterious his methods, all things are w^orking together by the Holy Spirit for the universal triumph of truth, and righteous- ness, and Deace. 386 LIFE OF JACXSON. With such convictions, how cheering to him must be the study of Providence ! With what confidence, remember- ing the faithfulness of God in the past, will he confide in him amidst the difficulties of the present, and for the de- velopements of the future ! and how steadfastly reject for himself and for his country, any policy which crosses the unchangeable laws of God, the overliving Lord ! How strong would this nation be in hope and virtue, did our people thus remember the works of God! For never, since the world began, has the providence of God been more remarkable, kind, and instructive, than towards us. Jehovah did not lead Israel forth from Egypt to the inheritance of Canaan with a more mighty hand or mani- fest care, than has been seen in our history since the first prayer of the pilgrim from the tyrrany of the old world to this better country, rose through its virgin forests, un- til our present day of unexampled prosperity. They " keep his commandments." The behever's obe- dience to the directions of God is the necessary result of such tr.ust and study. Gratitude will make him loyal to a sovereign so kind and faithful : a sense of his own weak- ness and short-sightedness will incline him to follow land- marks so certain, and the approbation of an honest con- science reward and incite him to persevere. " Happy is the people tJiat are in such a case ! Yea, happy is that people whose God is the Lord!" Secondly: The means which God has appointed for cultivating such a character. " He estabhshed a testimony in Jacob, and appointed a law in Israel:" or as an admirable critic translates it, "He estabhshed an oracle in Jacob, and deposited a revelation with Israel." The Psalmist, doubtless, here refers not only to' the law given on the Mount, in which God defined human duties and prescribed religious worship, but to all the communi- cations which he had made or might yet make to man. The value of the word of God is seen in the fact, that it is the word of God. What almighty mercy and wis- dom saw fit to reveal, must be of the last importance. We are sure of nothing but that which God has made bethune's discourse. 387 known. I^ever could we have discovered his will con- cerning us, or known how to walk in safety, had he not said, " This is the way." Never could we have been as- sured of a Providence over us, or looked within the tre- mendous realities of eternity, had not he manifested him- self by his own declarations, and brought immortality to light by Jesus Christ, the man whom he has ordained as saviour and judge. Without the word of God, we should be without God, ignorant, hopeless, lost in perplexity, the sport of conjecture, of passion, appetite, and dread. Truth would have no definition, oaths no confirmation, laws no sanction, and the grave no promise; the past would teach us nothing but our ruin, and the future would be black with despair. When we have that word, how glorious is the reverse to the pious believer! We stand by the side of God when he laid the foundation of the earth, and we look beyond the catastrophe of created things to the fixed results of justice and love. We trace back our hneage to a brotherhood with every human soul ; and we learn the will of our common father concerning the relations which bind us to him and his family on earth. We see the path of righteousness marked for our feet, and one walking by our side, " whose form is like to that of the Son of God," sustaining our weakness and assuring our faithful obedience of eternal reward, after the sha- dows and the labours of time shall have passed away and ceased for ever. Nay, in t«.ie rest of the Sabbath, the worship of the sanctuary, the communion of saints, and the witnessing sacraments, we have the foretaste, sign, and confirmation of an eternal rest, love, and satisfaction in the house of God, eternal and undefilcd. Need I ask you to consider the blessedness, here and hereafter, of a nation who know and obey that word, and who cultivate and defight in that worship ! Where is the suicidal, traitor hand, that would dare pluck this corner- stone from the foundation of our hopes, and, extinguish- ing the light which heaven has kindled, give our country back to the gloom, the hcentiousness, and cruelties of thns iiations which have forgotten God! 388 life of jackson. Thirdly : The obligations upon the Christian patri- ot ARISING FROM THIS PROVIDENCE OF GoD. " He commanded our fathers to make them known to their children ; that the generation to come might know them, even the children wliich should be born, who should arise and declare them unto their children." The iirst duty laid upon us is, to study and practise the word of God ourselves. It is by the light of Christian example, that the saving power of the gospel is made manifest to the world. The believer of the word of God, therefore, owes a profession and practice of Christiainty not only to God, to himself, and the church, but to his country, because its welfare can be secui*ed only by reli- gion. Then, it is our duty, to the utmost of our means, to give the advantage of the same religion to those who neg- lect, or cannot, of themselves, obtain the means of grace, especially in the new settlements of that immense valley, the power of which already overbalances the older states. Wherever a fellow-citizen is without the knowledge of God, there is an element of danger mingling with the ag- gregate of the national will. We can never control crime, nor refute error, but by truth ; and in withholding the truth of God, we consent to all the mischief that may be done by those, to whom we might teach the right, but do not. But, especially, are we to strive that the Bible should be in the hands, and by the blessing of God upon our labours, in the hearts of the rising generation. Upon their shoulders the burthens of society, our country, and the cause of God, are soon to rest. From them their children are to learn good or evil. Neglect a child, and you have neglected the man, the woman, the father, the mother, generations yet unborn. The truth of God in our hands belongs to them, as much as to ourselves. It is de- posited with us for their benefit. By omitting to give it, we rob them of God's best gift, and our land, in future years, of its best defence and glory. The means of edu- cation, so far as the arts of reading and writing go, are BETHUNE^S DISCOURSE. S89 not enough. Educate with all your energies. Do no- thing that may by any possibility interfere with, and eve- rything to increase such instruction ; but let us be ever ready to set the Bible before the opened eye and the craving mind. Better that a child should learn to read without the Bible, than to know not how to read the Bi- ble. Th ink God! Christians need not contend for de- bateable ground in this matter. With our Bible, and Tract, and Sunday School Societies, if we be only faithfui in supporting them, we are more than a match, by God's help, for all the infidelity and superstition among us. We lose time and waste our strength, by petty squabblings with evil on its own dunghill. Let us rather devote all our power and zeal to those ready and open methods of disseminating truth, which no force in this land can forbid us to use. When the true church of God consecrates the talents she has from Him, to the spread of the gospel through our country, every wall that the enmity or idol- atry of men can build against it shall fall like those of Je- richo at the trumpeting of the Levites ; when she walks forth, the light of her presence shall dissipate every sha- dow, and, " terrible as an army with banners," her peace- ful triumphs will crown our whole people with the glory of the Lord, a joy and a defence. Blessed be God, there are those who have felt the ne- cessity of these religious efforts for the good of our coun- try, and the immortal well-being of our countrymen. They are, indeed, but too few, and their zeal has not al- ways been equal to their opportunities and responsibility. Yet in them, their examples of Christian conduct, their testimony to the power of religion, and their benevolent labours for the illumination of the ignorant, we see the providence of God blessing our nation with moral life, and confirming our government, founded upon flic will of the people, by the only sufficient buttresses, knowledge, vir- tue, and the fear of God. The faithful Christian is the only faithful patriot, and he is not a faithful Christian who serves not his country in the name of Christ, and in the spirit of his gospel These thoughts, as you know, have been suggested bv 390 LIFE OF JACKSON. the recent anniversary of our national independence, a day which should be dear and sacred to us all, though often miserably polluted by intemperance, and profaned by par- ty assemblages. Surely we might devote one day of the year to the charities of patriotic brotherhood, and lose all minor distinctions in our common citizenship ; nor should we forget before the altar of our father's God, the Author of all mercies, his mighty doings for us in the past ; the good, the great, the v/ise, the valiant, whom he has raised up to serve, guide, and defend us ; and the blessing which he has caused to rest upon their counsels, their arms, their zeal, and their sacrifices. Such recollections are due to Him, to our country, and to humanity. Children should hear the story, and the best genius contribute to its illustration. Fresh laurels should be plucked and wreathed upon the graves of the beloved for their coun- try's sake, and eloquence pay its richest tribute to their heaven-sent worth, that the living may hear and follow their example. While I thus speak, the spell of a great name comes upon oui' hearts, compeUing us to utter their thoughts' and emotions. When the sun of that morning rose, it gilded the fresh tomb of one whose ear, for the first time since the 4th of July, 1776, failed to vibrate with the thunder- ings of his country's birth-day joy ; and a voice, for the first time, answered not its cheers, which, since its boyish shout was heard through the Revolutionary strife, had never been wanting in the annual conclamation. The iron will, whose upright strength never quivered amidst .the lightning storms that crashed around it in battle or con- troversy; the adamantine judgment, against which ad- verse opinions dashed themselves to break into scattered foam ; the far-reaching faith, that flashed light upon dan- gers hidden from the prudence of all beside ; the earnest affection, that yearned in a child's simphcity, the purpose of a sage, a parent's tenderness, and the humble fidelity of a swoiTi servant over the people who gave it rule and elevation, have ceased among us: Andrew Jackspn is with God. He, who confessed no authority on earth but the welfare of his country and his own convictions of right ; bethune's discourse. 391 who never turned to rest while a duty remained to be done, and who never asked the support of any human arm in his hour of utmost difficulty; bowed his head meekly to the command of the Highest, and walked calm- ly down into the grave, leaning upon the strength of Je- sus; paused on the threshold of immortality to forgive his enemies, to pray for our liberties, to bless his weeping- household, and to leave the testimony of his trust in the gospel of the Crucified ; and then, at the fall of a Sabbath evening, passed into the rest which is eternal. His last enemy ^o be destroyed was death. Thanks be to God, who gave him the victory through our Lord Jesus Christ! To say that he had faults, is to say that he was human ; the errors of a mind so energetic, in a career so eventful, must have been striking ; nor could a character be sub- jected to censure more merciless, than he provoked by a policy original and unhesitating, at open war with long- established usages, and dogmas that had grown into un- questioned axioms. Bereft in his early youth of parental guidance and restraint, educated in the camp and the forest bivouac, and forced to push his own fortunes through the rough trials of a border life, we can scarcely wonder that, until age had schooled his spirit and tempered his blood, he was impetuous, sensitive to insult, and prone to use the strong hand. Warm in his attachments, he was slow to discover frailty in those he loved, or to accord confidence where once he had doubted. Grasping, by his untutored genius, conclusions which other men reach by philosophical detail, he made, v* hile sure of just ends, some mistakes in his methods, for the time disastrous. Called to act at a crisis when the good and evil in our national growth had become vigorous enough for conflict, and wealth and labour, like the twins of Rebecca, were struo-olino- for the rio-ht of the elder born, his decisions in great but sudden emergencies were denounced by that after criticism, which can look back to condemn, but is blind to lead. Compelled to resolve stupendous, unpre- cedented questions of government and political economy, he roused the hostiUty of opposite schools in those difficult sciences. Never shrinking from any responsibihty, per- 392 LIFE OF JACKSON. sonal or oflScial, he sternly fuliSlled his interpretations of duty, as a co-ordinate branch of the'national legislature, leaving his course to the verdict of his constituents ; nor did he hesitate to avail himself of all the means he could extract from the letter of the constitution, to achieve what he thought was the intent of its spirit. His was a stern, prompt, and energetic surgery, and though the body poli- tic writhed under the operation, none can tell, though some may conjecture, the more fatal consequences his se- verity averted. If he were wrong, public opinion has since adopted the chief of his heresies, and there is no hand strong enough or daring enough to lay one stone upon another of that w^hich he threw down into ruins. But in all this, his heart was with the people, his faith firm in the sufficiency of free principles; and regardless alike of deprecating friends and denouncing opponents, he held on throughout to one only purpose, the perma- nent good of the whole, unchecked by particular privile- ges, and unfettered by artificial restrictions. To use his own lofty language, " In vain did he bear upon his person enduring memorials of that contest in w^hich American liberty was purchased ; * * * in vain did he since peril property, fame, and fife, in defence of the rights and privileges so dearly bought, if any doubts can be enter- tained of the purity of his purposes and motives. * * Nor could he have found an inducement to com- mence a career of ambition, when gray hairs and a de- caying frame, instead of inviting to toil and battle, called him to contemplate other worlds, where conquerors cease to be honoured, and usurpers expatiate their crimes." But though there are passages in his life, about which the most honest have held, and may yet hold, contrary opinions, there are services of his demanding the gratitude of all, and virtues all must delight to honour. Can we forget that victory, in which his ready strategy and con- summate skill turned back, by the valour of scarcely dis- ciplined men, the superior numbers and veteran determi- nation of a foreign foe from the spoil and dishonour of a rich and populous territor}^? or the entire success, with which he delivered from the scalping-knife and torture of ^ BETHUNE*S DISCOURSE. , 8*93 wily and ferocious savages, the Florida settlements, an achievement, which in subsequent trials far less arduous, no other leader has been able to imitate ? Or the tri- umph of simple firmness over diplomatic, procrastinating subtleties, when, planting his foot upon what was clearly- right, in a determination to suffer nothing that was clearly wrong, he swung round a mighty European, empire to pay its long- withheld indemnity for injuries done to American commerce ? And in that darkest hour of our country's history, when a narrow sectionalism counterfeited the colour of patriotic zeal, and discord shook her gorgon locks, and men shuddered as they saw, yawning wide in the midst of our confederacy, a gulf which threatened to demand the devotion of many a life before it would close again, how sublimely did he proclaim over the land that doctrine sacred as the name of Washington, The Unien must be preserved! and the storm died away with impo- tent mutterings. Nor is his glory in this the less, that he shared it with another, and that other, one whose name the applauses of his countrymen have taught the mountains and the valleys to echo down for far genera- tions, as the gallant, the frank, the brilliant statesman, to whose fame the highest office could add no decoration, nor disappointment rob of just claims to the people's love. It was a lofty spectacle, full of rebuke to party jealousy and of instruction to their countrymen, when Henry Clay offered the compromise of his darhng theory, and An- drew Jackson endorsed the new bond that made the Union again, and, as we trust, indissolubly firm. Remarkable as the contrast is, there were traits in the temper of the indomitable old man, tender, sim- ple, and touching. With vrhat faithful affection he honoured her while living, whose dear dust made the hope of his last resting-place more . sweet, that he might sleep again at her side ! And, if his heart seemed some- times steeled against the weakness of mercy, when crime was to be punished, or mutiny controlled, or danger an- nihilated ; he could also stoop in his career of bloody con- quest, to take a wailing, new-made orphan to his pitying heart; with the same hand, that had just struck down 394 LITE OF JACKSON. « invading foes, he steadied the judgment-seat shaken with the tremors of him who sat upon it, to pronounce sen- tence against him for law violated in martial necessity ; and at the height of authority, the poor man found him a brother and a friend. But, O how surpassingly beautiful was his closing scene, when, as the glories of his earthly honour were fad- ing in the brightness of his eternal anticipations, and his head humbly rested upon the bosom of Him who was crucified for our sins, his latest breath departed in the praises of that rehgion which had become his only boast, and in earnest counsel that all who loved him might ob- tain the like faith, and meet him in heaven ! There was no doubt in liis death ; he had prepared to meet his God ; and when his giant heart fainted, and his iron frame fail- ed, God was the strength of his heart, and his portion for ever. Little would all his achievements have won for him, had he gained the whole world, yet lost his soul ; but now his fame will survive until time shall be no more, and his spirit is immortal among the redeemed. The^ an- gels bore him from us, no longer the hero, the statesman, the guide of millions, and the master mind of his country ; but a sinner saved by grace, to the feet of the Lamb that was slain, a little child of God to the bosom of his Father. My hearers, have you been his friends ? Obey his part- ing counsel, and by faith in Jesus, follow him to heaven, whom you have delighted to follow on earth. Have you been in opposition to his hfe ? Refuse not the profit of his death, but find in that blood, which cleansed him from all his sins, atonement for your own. that his last testimony had the same power over men's souls, as his cheer in battle, and his proclamations of political doc- trine ! Then would he shine bright among the brightest in the constellation of those who turn many to righteous- ness. My brethren, I have spoken much longer than I meant to have done, but you would not have withheld from me the privilege. If I have dwelt upon the best traits in the notable character of one, who has not been suffered to escaoe the earnest crimination of manv, it has been be bethune's discourse. 895 cause he is dead. You, who listened to me with so much candour, when I paid, four years since, an humble tribute to the merits of him who reached the height of authority to sink into a grave watered by a nation's tears, will not condemn my utterance of similar emotions now. The jackal hate, that howls over the lifeless body, is far remo- ved from your Christian charity and generous judgment. •'Vile is the vengeance on the ashes cold, And envy base to bark at sleeping mould." Let us rather pray as Christians, that the memory of good deeds may live, and the example of a Christian's death be sanctified. Let us, as Christian patriots, take new courage in setting forth, by word and practice, the paramount virtue of -the religion we profess, to save our country, as it saves the soul ; and, while we mourn the conflicts of evil passion, not forget the actual good which, by the Divine favour, is working out health from the mys- terious fermentation. There is, notmthstanding occasional agitation, a calm good sense among our people, sufficient to recover and maintain the equilibrium. It is not seen blustering around the polls ; it is not heard vociferating and applauding in party meetings ; nor, unhappily, does it often appear on the arena, where misnomered statesmen struggle rather for personal advancement than their country's good ; but it Hves with those, who, in honest toil, are too independent to be bought, or, in honest competence, too content to de- sire the doubtful distinctions of popular favor. It is nur- tured by the lessons of holy religion. It is breathed in the prayer of God's true worshippers. It deliberates around the domestic hearth, where the father thinks of the posterity who are to live after him ; in the philosophic retirement of the man of letters ; in the workshop where the freeman feels proud of his sweat ; and in the cultured field, from which the farmer knows that his bread is sure by the bounty of heaven. It is felt in the practice of common duties, the example of daily virtues, and the re- sults of observant experience. It is like oil on the waves of noisy strife. The man in power trembles as he hears 3ft# • LIFK OF JACKSON. its still small voice ; the secret conspirator finds its clear eye upon him, and quails beneath the searching scrutiny ; and, hke the angel of Israel, it meets the demagogue on his way to curse the land which God has blest, and, if he be not turned back, it alarms and forewarns the beast on which he rides. It may be said, that the party of the honest and intel- ligent is small, far smaller than, with my respect for my country, I believe it to be ; but, if it be, it has still the controlling voice from the divisions of the rest. Each dis- astrous experiment teaches them new prudence, each well- sustained trial new courage. They have not looked for immediate perfection, and, therefore, are willing yet to learn. They are the men who hold the country together, and their influence is the salt which saves the mass from utter corruption. I look upward above the dust which is raised by scuffling partisans, to the throne of our fath- ers' God ; I look backward on all the threatening events through which he has brought us ; and I can commit my country to the care of Him who " maketh even the wrath of man to praise him," and beheve that it is safe. Under providence, I rely with an unshaken faith on the intelli- gent will of the American people. If my faith be a de- lusion, may it go with me to my gTave. When its war- rant proves false, I could pray God, if it be his will, to let me die ; for the brightest hope that ever dawned on poh- tical freedom shall have been lost in darkness, the fairest column ever reared by the hands of men cast down, and the beacon light of the world gone out. My hearers, we must soon appear before God to an- swer for all our conduct here. Then, what, will avail all our busy, anxious, most successful pursuit of this world, if, through neglect of a timely faith and repentance, we are lost for ever ? Let me entreat you, therefore, to seek first the kingdom of God and his righteousness, that the Ho- ly Spirit may be your guide, Christ your intercessor, and the Father receive you among the children of his love. Un- til we have obtained this grace for ourselves, we shall seek in vain to do any real good ; there is no promise of an answer to our prayers, or of a blessing upon our zeal. bethune's discourse. 897 We cannot be faithful to others, while we remain unfaith- ful to God and our own souls. May the voice of Provi- dence, confirming the testimony of the Scriptures, prevail with us all to prepare for eternity, that in our wise pre- paration, we may secure our own best happiness, by ren- dering the best service to God, our country, and our race ! Amen. THE END. 31J.77-1