Glass El,3^_ Book J_ X^ / A- '"^ ."5 V ^ 7 n. #v^^^ r-"^ MaxrmT sa^To F.iiora-vea.'byJ.Bloiii^acTeftoiii aa ori.'^iiial oliiiiiatia-'. SPEECHES HENRY pLAY, DELIVERED IN THE CONGRESS OF THE UNITED STATES; TO AVHICH IS PREFIXED A BIOGRAPHICAL MEMOIR; WITH AN APPENDIX CONTAINING HIS SPEECHES AT LEXINGTON AND LEWISBURGH, AND BEFORE THE COLONIZATION SOCIETY AT WASHINGTON; TOGETH- ER WITH HIS ADDRESS TO HIS CONSTITUENTS, ON THE SUBJECT OF THE LATE PRESIDENTIAL ELECTION; WITH A PORTRAIT. PUBLISHED BY H. C. CAREY, & I. LEA, PHILADELPHIA: — G. & C. CARVILL, NEW YORK:— JAMES W. PALMER, & W. W. WORSLEY, LEXINGTON, K. — J. P. MORTON, LOUISVILLE, K. AND DRAKE & OONCLIN, CINCINNATr. PRINTED BY JAMES MAXWELL. 1827. EASTERN DISTRICT OF PENNYLVANIA, to wit: BE IT Remembered, that on the twenty-seventh day of March, in the fifty-first year of the independence of the United States of America, A. D. 1827, H. C. Carey, and I. Lea, of the said district, hath deposited in this office the title of a book, the right whereof they claim as proprie- tors, in the words following, to wit: The Speeches of Henry Clay, delivered in the Congress of the United Slates; to which is prefixed a Biographical Memoir; With an appendix, containing his speeches at Lexington, and Lewisburgh, and before the Colonization Society at Washington; together loilh his address to his Constitttents, on the subject of the late Presidential election. With a Portrait. In conformity to the act of the congress of the United States, inti- tuled " An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned." — And also to the act, entitled, " An act supplementary to an act entitled, " An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints." D. CALDWELL, Clerk of the Eastern District of Pennsylvania. ^ ^ CONTENTS. BIOGRAPHICAL SKETCH of Mr. Clay, - vii SPEECH on Manufactures, - 1 The line of the Perdido, 6 The Bank Charter, - - 18 Augmentation of Military Force, 32 Increase of the Navy, - 40 The new Army Bill, 51 The Emancipation of South America, - 74 Internal Improvement, 107 The Seminole War, - 132 Mission to South America, 162 The Tariff, - 182 The Spanish Treaty, - 206 Mission to South Ameiica, - 222 Internal Improvement, 230 The Greek Revolution, - 254 American Industry, - - . - 263 APPENDIX. The Colonization of the Negroes, 315 The Bank Question, - 340 Address to Constituents, 347 Speech at Lewisburgh, _ . . - 372 BIOGRAPHICAL SKETCH OF MR. CLAY. The lives of distinguished men are so naturally subjects of curiosity, that the reader of this volume will probably expect such biographical information in regard to Mr. Clay, as it is in our power to communicate. His public career is so closely inter- woven with the annals of his country for the last twenty years, that we resign to history her appropriate task of recording it; and chiefly propose, in the ensuing sketch, to narrate those inci- dents of his life which are not generally known, and which we believe, on sufficient authority, to be authentic. Henry Clay was born on the 1 2th of April, 1777, in Hanover county, in the state of Virginia. He was very young when his father, a respectable clergyman, died. His mother became united, in a second marriage, with Mr. Henry Watkins; who removed with his family to Woodford county, Kentucky, where they still reside, highly esteemed by all to whom they are known. At an early age, Henry was placed in the office of the late Mr. Tins- ley, clerk of the high court of chancery, at Richmond, Virginia, and while in that situation, he attracted, by his striking intellec- tual powers and discreet deportment, the attention, first of chancellor Wythe, and afterwards of governor Brooke. The advice of these distinguished men, coinciding, perhaps, with his own secret aspirations, determined him to study law. The en- ergy of his mind, and the assiduity of his studies enabled him, at the age of twenty, to obtain a license to practice. He im- mediately went to Lexington, Kentucky, but did not, for some months afterwards, commence his professional career. During the interval, he was closely employed in continuing his legal stu- dies, and he also became a member of a society instituted for the purpose of improvement in public speaking. From a gentleman who became acquainted with Mr. Clay on viii BIOGRAPHICAL SKETCH his arrival at Lexington, we learn that he was then very slender in make, thin, and apparently feeble in constitution; that his walk seemed to want vigour, and that the niovement of his limbs was slow and spiritless. The same gentleman mentions that about this period, a distinguished literary resident of Lex- ington remarked, that Mr. Clay's colloquial style was more ha- bitually elegant and correct than that of any young man of the same age, whom he had ever known. For a long time, Mr. Clay's province in the society seemed that of a listener only; and he was first induced to participate in its discussions by a circumstance of which, as every incident in the progress of genius is interesting, it may gratify the reader to be informed. At one of its meetings the vote was about to be taken on the question which had been debated, when Mr. Clay observed in an audible whisper, that the subject did not appear to him to have been exhausted. Several members who were desirous to hear him, immediately exclaimed, " do not put the question yet — Mr. Clay is going to speak." The chairman paused, and looked towards Mr. Clay, who, thus called on, rose in evident embarrassment. Instead of addressing the chair, he began by saying — " Gentlemen of the jury," forgetting in his agitation, where he was, and thinking of the tribunal which he had probably, in imagination, often addressed; for he had not then, as our informant believes, ever spoken at the bar. The members, fearing to increase his agitation, endeavoured to con- ceal their perception of his mistake; and proceeding through oc- casional repetitions of it, and frequent blushes, he at length ac- quired confidence, and astonished his hearers by an argument of convincing force, clothed in the most appropriate language, and uttered in the same firm and finely modulated voice, which has since, in graver assemblies, rendered his eloquence the " sove- reign of the willing soul." It is difficult to restrain the fancy which sees in this youthful effort, the germ of the future orator of South American independence, and the champion of his coun- try's insulted lionour. From the date of tlie anecdote just related, Mr. Clay became OF MR. CLAY. ix a frequent and conspicuous speaker in the debating society at Lexington. It was observed that his attendance was regular; and that he always came provided with the learning necessary for the subjects of discussion; that his arguments were remark- able for strength and perspicuity, and that his appeals to the passions were so earnest and so skilful that they seldom failed to persuade. Shortly after this time, he was admitted to the bar, as a practitioner in the quarter session court of Fayette county, a court of general jurisdiction, and at the first term got into full practice. This early success, though mainly attri- butable to the superiority of his genius, and to the solidity of his information on the principles of law, was no doubt promoted by the familiarity with the practical learning of the profession which his connexion with Mr. Tinsley had enabled him to ac- quire. His reputation as a lawyer, and as a forensic orator, con- tinually increased; and his profits were commensurate with it, until his entrance on the theatre of politics suspended his pro- fessional pursuits. His political career may be said to have commenced, when the people of Kentucky were about electing a convention to form a new constitution for that state. An interesting feature of the proposed plan was a provision for the gradual eradication of slavery. In the canvass preceding the election of members of the convention, the voice and pen of Mr. Clay were exerted in promoting the choice of delegates favourable to this just and beneficent provision; but unfortunately without effect. The op- posite party prevailed; but time and reflection are constantly swelling the list of converts to the measure devised by the ear- ly wisdom of Mr. Clay; a measure recommended as well by ex- pediency as by humanity. In asserting the principle of eman- cipation, he has ever been as fearless, as he has been uniform in recommending only gradual means for reducing it to practice; and it will please the admirers of this great statesman, to find an additional illustration, in the anecdote we have related, of the consistency which is so striking a beauty of his character. Kentucky was among the first of the states which raised their X BIOGRAPHICAL SKETCH voices against the sedition law, and other acts of the dominant party in 1798 — 99. The important aid which on every public oc- casion, Mr. Clay gave to Mr. George Nicholas in denouncing this law, his eloquent vindications of the freedom of the press, the graces of his elocution, his fervid devotion to the cause of liberty, and the unassuming simplicity of his manners, seemed already to justify the title of " The great Commoner," which was afterwards bestowed on him. So early were the people just to his merits, that about the period to which we have adverted, he was elected to represent Fayette county in the more nume- rous branch of the state legislature; having been brought for- ward as a candidate without his knowledge, and during his ab- sence from the county. Very shortly after his appearance on this more extended theatre, he became a prominent member; and in the course of a few sessions was chosen to the office of speaker, the duties of which he discharged with the same dig- nity and impartiality that subsequently characterized his ad- ministration of a similar office on another tloor. On occasions when that officer was allowed to join in debate, he exerted, often in conflict with the ablest men in the state, all the energies of commanding and resistless eloquence. During this time, he was also engaged in a laborious and lucrative practice; and was con- spicuous for the exact preparation of his causes, which, when called for trial, were always, so far as depended on himself, ready. Whenever circumstances permitted the advantage, he examined the subject minutely, before s^jeaking. Such were the rapidity and intuitive powers of his mind, that he was often sus- pected of arguing a cause without previous investigation. But when, as often occurs at the bar, he was called by some immedi- ate exigency to speak, he applied himself, during the few mo- ments that could be snatched for reflection with intense and ex- clusive devotion to the subject, and being endued with a degree of self possession seldom associated with ardent genius, he em- ployed the interval, without apparent hurry or bustle, in metho- dizing his intended address. He might, perhaps, have explain- ed the symmetry of his movements through crowded and per- OF MR. CLAY. xi plexing engagements, by saying, as another distinguished man once answered the inquiry, " how he could accomplish so much businesss so soon," " that he did only one thing at a time." The gentleman to whom we are already so much indebted, relates an incident of Mr. Clay's professional life, which illus- trates his remarkable faculty of abstracting his mind from every thing but the direct object of its meditation, a faculty peculiar- ly useful at the bar. Mr. Clay was engaged with another gen- tleman of high professional standing, to defend an action, of great interest to the litigants, in the Fayette circuit court. Some- thing occurred which obliged him to leave the court house at the moment when the cause was called, and it was managed by his colleague. Nearly two days were exhausted in arguing the points of law, of which the case was fruitful, according to the practice common in Kentucky, of praying the instructions of the court to the jury, in all of which his colleague was foiled by the opposite counsel. On the evening of the second day, Mr. Clay was enabled to return to court. He was unacquainted with the facts of the case, and had heard nothing of the testimony which had been given by the numerous witnesses. But, after con- ferring for a few moments with his colleague, he prepared a short statement of the form in which he desired the instruction of the court; accompanying his application with a few remarks, which threw so strong a light upon the subject, that the judge could not avoid perceiving the propriety of the prayer. It was granted; the verdict of the jury was in accordance with it; and Mr. Clay thus in half an hour, terminated the controversy favourably to his client. With the events of Mr. Clay's political life, the public are too familiar, to justify us in yielding to the temptation of des- cribing them with a minuteness which would be disproportionate to the design and limits of this sketch. At an unusually early age, he was twice chosen by the general assembly of Kentucky to servft in the senate of the United States, during the residue of terms which had become vacant by the resignation of his predecesEors. At the expiration of his second term of service xii BIOGRAPHICAL SKETCH in the senate, he oiFered himself as a candidate for a seat in the other house, and was elected without diiSiculty. At the first session which he attended, he was chosen speaker of the house of representatives of the United States. Of his dignity and im- partiality in discharging the duties of that station, it is unneces- sary that we should speak. They form one of the brightest pa- ges in our history; and eulogy is prevented by the eloquent fact, that during the many years of his presidency over the house of representatives, not one of his decisions, as speaker, was re- versed by that enlightened body. To enumerate the various measures for advancing the inter- ests and upholding the honour of his country, of which Mr. Clay was the projector or the most conspicuous advocate, would be not merely to obtrude on the historian's walk — it would be to write the annals of the United States for twenty years. His early perception of the necessity of a war with Great Britain; the intrepidity with which " he stood for his country's glory fast;" his sagacity in devising and his eloquence in vindicating plans for her successful progress through an inevitable contest; and his agency in procuring from her proud enemy an honorable peace; are facts yet fresh in her grateful lecollection. The par- ticulars of his mission to Ghent, are, from the nature of the sub- ject, less generally' known than his other efforts connected with the war. But we have often heard, what the magnanimity of his colleagues will doubtless be prompt to acknowledge, that during the frequent verbal discussions among themselves, as well as between the representatives of the two governments, Mr. Clav always performed a distinguished part. While absent in Europe, he was again elected to congress; a theatre which, probably from his characteristic fondness for whatever is immediately connected with the people, he seems always to have preferred. Influenced by this inclination, he re- sisted invitations from president Madison, of whose policy he ■was the champion, and whose personal character he warmly es- teemed, to accept a mission to Russia, and a place in the cabi- net of that illustrious magistrate. He was also solicited, strenu- OF MR. CLAY. xiii ously, but unavailingly, by president Monroe, to preside over the department of war, and subsequently to accept a mission to England. During the greater part of Mr. Monroe's administra- tion, different opinions were entertained by himself and Mr. Clay, on some subjects of important concern to the Union. Of these one of the most conspicuous, was the constitutional power of congress to effect internal improvements. Doubts as to this power were by no means confined to the president; and to Mr. Clay's able, persevering efforts to remove them, is generally, and we believe, justly ascribed the opinion in favor of the power which may now be considered as legislatively settled. While urging, with untiring energy, the employment of the resources of his own country in advancing her prosperity, he was not un- mindful of the cause of freedom throughout the world, nor of its claims on the sympathy of an American statesman. Believ- ing that the recognition by the United States of the independ- ence which the South American colonies had declared, would encourage their struggle for emancipation without jeopardizing our neutrality, and aware of the commercial advantages to our- selves of that measure, he proposed it to the house of representa- tives. He found himself, however, unexpectedly opposed by the whole strength of the administration; and the most eloquent oration which was, perhaps, ever pronounced in congress, failed to convince. But time was not slow in confirming its ar- guments, and South American independence was, through his persevering exertions, acknowledged by the United States at a subsequent period, when the historian will find but few reasons in favour of the measure which did not exist when Mr. Clay originally urged its adoption. This act of our government may be regarded as the triumph of its first proposer over misconcep- tion and prejudice, and as an honorable evidence of his forecast and sagacity. On another occasion, when dilatory acquiescence in his coun- sels might have been more dangerous, it was his good fortune to preserve the peace of the Union, by reconciling parties between whom both principle and passion had interposed an alarming xiv BIOGRAPHICAL SKETCH gulf. The advocates and the opponents of the unconditional re- ception of Missouri into the Union, were both strong in numbers and in talent; each professed to range itself under the banners of the constitution; and their angry contention had become menacing to all that Americans held dear. The circumstances attending this controversy are too recent in the history of this nation, to permit any abatement of the liveliness of its gratitude to the master spirit who dispelled the gathering storm. It is generally admitted that Mr. Clay was the only public man who could have succeeded in the patriotic mediation which he ef- fected. Of other conspicuous features of Mr. Clay's congressional ca- reer, his plan for employing the industry of the country in ren- dering her independent on foreign nations for the necessities and ordinary comforts of life, is remarkable for the vigor with ■which it was opposed, and for the benefits which have resulted from its adoption. They fully realize the predictions he uttered, when anouncing his American system for encouraging domestic manufactures, and there seems no reason to doubt that the far- ther development of that system will evince it to be the true policy of our country. After many previous favours from the people, a farther and highly honorable testimony of their esteem for Mr. Clay was af- forded in his nomination by the states of Ohio, Kentucky, Lou- isiana and Missouri, as their candidate for the presidency. With the events succeeding that nomination, every reader is so fami- liar, that it is scarcely necessary for us to advert even to the calumnies which disappointed factions strove to accumulate on his fame; to his promptitude in repelling them, and in challeng- ing inquiry: to the evasions by his enemies of this inquiry; nor to the repetition of these slanders, with an obstinacy which is made rancorous by refutation. The friends of their country's honor may regret that it has been assailed in the person of her faithful and favourite servant; and the personal friends of Mr. Clay may expect, with undoubting confidence, that the impar- tial historian will refer to the acts of his life which political OF MR. CLAY. xv envy has most loudly blamed, as signal examples of his inde- pendence, firmness, and patriotism. The Speeches contained in this volume were delivered prin- cipally in the house of representatives, and most of them on the highest questions of national policy. Though imperfectly report- ed, they will give the reader some idea of all the characteristics of Mr. Clay's eloquence, except his elocution. Of this, as in the case of most orators, only the hearer can form an adequate con- ception. Mr. Clay is tall, and thin, but muscular: his appearance dig- nified, and rather stately: his eyes are of a blue, or dark gray colour, and not very large, and when he is warmed by his sub- ject, beam with peculiar animation and fire. His forehead is high, and his mouth, the feature on which Lavater lays such stress, strongly indicates genius and firmness. The expression of his countenance is commanding: his voice clear, deep-toned, and exquisitely modulated. In this respect, as well as in figure and manner, he is said by those who have heard the younger Pitt speak, to resemble very much that celebrated orator; and the parallel might be extended to many points of their characters. His deportment is deliberate, grave, and courteous; and in speak- ing, a sincerity and earnestness mark his whole manner, which at once enlist the sympathies of his audience in his favor, and his whole soul seems to be thrown into his subject. His intel- lellectual march is rapid and imposing. Disdaining rhetorical artifxe, he pours out masses of thought with wonderful celerity, and in magnificent succession. Though his logic, like that of De- mosthenes, is severe, his speeches are never dry, because, he re- sorts to every topic of moral illustration which is appropriate to the subject. He rarely leaves any thing for the understanding or sensibilities of his hearer to desire; but his style is, neverthe- less, concise. It is indeed characteristic both of his eloquence and of his conversation, that he employs as few words in cloth- ing an idea, as are consistent with its graceful expression; and that these words can seldom be changed without injury to the thought. In the use of the pathetic he has, we think, never xvi BIOGRAPHICAL SKETCH been excelled on the floor of congress; and the edge of his satire is keen and resistless. Among the cardinal qualities of his mind, are its originality, its reliance on its own resources, and its " undeceivableand undeceiving sagacity." His temper is warm and generous; and his manners so plainly indicate a high-mind- ed, frank, and honourable spirit, that few men, (however awed by his fame,) have ever been admitted to his acquaintance, with- out imbibing an attachment to his person, which politicians very rarely inspire. Elevated by the people, he is essentially a re- publican, and his high endowments have been devoted to their cause. But he has never hesitated to risk even their favor, in support of what he considered principle; and the people have never deserted him. The department of state, over which Mr. Clay now presides, is known to be, in consequence of the gradual increase of its ordinary business, and of the addition to its diplomatic labor, produced by our new relations to South America, twofold as onerous as it was during the incumbency of his predecessors. The ability with which he administers it is universally admitted; and corroborates an opinion we have always entertained, that if he is admirable for political consistency, he is not less so for intellectual versatility. In England, where the human mind flourishes under the protection of literary institutions, and of a government in whicli the popular principle is, though slightly, infused, it is uncommon for an individual who has attained emi- nence in one path of mind, to attempt another with success. Even Erskine, who, as a forensic orator, was unrivalled among his countrymen, sunk into relative insignificance, when i)rought into collision with the master-spirits of the British parliament. In our own country, examples have indeed existed, and still exist, of men distinguished at the bar, who could engage in po- litical life without a material decrease of reputation. But the instance of Mr. Clay is, we apprehend, the only one presented by the history either of England, or the United States, where the highest fame at the b;ir, in the senate, and in the cabinet, distinguishes the same individual. OF MR. CLAY. xvii The outlines of Mr. Clay's public life have been sketched in the foregoing memoir with a pen necessarily rapid. It may not be amiss, in conclusion, to point out to public attention with some- what more distinctness and emphasis, the striking consistency and yalue of his political services. Great orators are not always useful public men. The laws which govern the motion of genius are not easily discernible; and it too often happens that a mis- taken ambition of shining seduces from the sober path of public duty, menwhohave the capacity of being public benefactors. Such has not been the case with Mr. Clay. It is impossible to look, however superficially, at his political career, without being sa- tisfied, that possessing talents to soar and dazzle, he has always preferred the honest ambition of serving the best interests of his country. From the outset of his life, he appears to have had his eye steadily fixed on principle; and, though never regardless of popular favor, the excitement of the moment seems not to have impeded his course for an instant. In his opposition to the alien and sedition laws, we perceive the first evidence of that sedu- lous regard for public liberty which has uniformly governed him. He had scarcely taken his seat in congress, when we find him es- pousing the cause of domestic industry — then but a feeble and sickly infant — but which through his nursing care, with a zeal and constancy which, in earlier times and other countries, would have won for him civic crowns and grateful laurels, has ripened into a broad and successful system, and is destined to enrich and strengthen the country when its opponents are forgotten. Closely connected with this great cause, is that of internal im- provement, in which Mr. Clay's exertions have been no less sig- nal and beneficial. He vindicated and established the constitu- tional right of congress to do this public good; and not content with proving the right, he laboured to direct the practical exercise of it into the safest channels. When foreign outrage left us no alterna- tive than a resort to arms, Mr. Clay was one of the foremost to maintain the dignity and honour of the country. Possessing that " courage of the cabinet" — political intrepidity — which is truly xviii BIOGRAPHICAL SKETCH said to be far nobler and more rare than the courage of the field, he adhered with unabated spirit to the principles with which the contest was begun, through all the vicissitudes of that eventful pe- riod, and finally rendered his country the most valuable services in finishing the war, when its causes were withdrawn. The same ho- nest and fearless devotion to his country's true interests, is visible in his public conduct, when the subject of general Jackson's high-handed career in Florida was brought before the house of representatives. Military renown had neither charms nor terror for Mr, Clay. He thought that the constitution of the United States was violated, and the laws of nations and of humanity insulted by the proceedings towards the Spaniards and Indians, and he made manifest the soundness of that opinion, in the speech which forms part of the present collection. It is worthy of re- mark, that the judgment pronounced by Mr. Clay in 1818, upon general Jackson, was fully sustained and vindicated by him and by congress six years afterwards, when it became neces- sary to decide between Mr. Adams and the invader of Florida, as candidates for the presidency of the United States. Mr. Clay's exertions in favor of acknowledging the inde- pendence of South America, have been noticed in the preced- ing sketch. They form one of the brightest pages of his his- tory, and even his political opponents have been forced to admit the purity of his motives, the vigor of his argument, the power of his eloquence, and the sagacity of his counsel. Disdaining to wait for the co-operation of any other power, he was for a mag- nanimous recognition of a free people so soon as they proved themselves capable of sustaining the burden of government; and in this, and his more recent official labours in respect to the congress of American states at Panama, the reader will perceive another evidence of the admirable consistency of his devotion to public freedom, which shed its first gleams on the cause of emancipation in Kentucky, and by degrees rose into that broad and ardent light which shone out upon surrounding nations, and still continues to animate and guide them. In a review of Mr. Clay's political, or congressional history, we OF MR. CLAY. xix ought not to overlook his exertions in support of the great de- fences of the country. For one of these — the navy — the people of the Atlantic states are under obligations to him — of the ex- tent of which, they are perhaps ignorant. The glory of the navy is national property, but its services are confparatively sec- tional. It is seen only on the sea-board — with the exception of the country on the lakes — the expenditures for its support are made in the Atlantic cities, and the honors and emoluments be- longing to it, fall chietly on that section of the Union. Hence it has happened, that, although the hearts of the people of the west echoed the plaudits bestowed upon our naval heroes, the popu- larity of the navy was naturally less decided there than in other parts of the Union. To Mr. Clay's eloquent and earnest exertions, it is mainly owing that the west has lent its united support to the navy. We may refer to his speech on that subject, as one of the manliest and most honorable proceedings of his congressional career. To conclude this very hasty summary, in which we have been obliged to overlook some important topics — the admirers of Mr. Clay may safely challenge a comparison of that eminent orator and statesman, with any other public man of the age. Powerful talents and commanding eloquence, which distinguish him with many others, are not the features of Mr. Clay's cha- racter, upon which posterity will dwell with the most respect. "When the factions and the calumnies of the present day are past by, succeeding generations will pronounce a grateful eulo- gy upon his public services, and rank him among the most dis- tinguished public benefactors. Posterity will then pronounce with equal truth and justice, " During the course of a long and arduous public life, he made his country's interests the end and aim of his exertions. He never sacrificed a principle to secure the favor of a party, or yielded an opinion from the fear of its un- popularity. He sought first and principally the extension of republican freedom, and as the best means of securing it, la- bored with all the energy of his eloquence, to maintain unim- paired the union of the states. He incorporated himself with no XX BIOGRAPHICAL SKETCH OF MR. CLAY. party that regarded the general government in the light of an un- wieldy and inert mass powerless of good, but supported the true theory which regards the union as an active and vivifying prin- ciple, pervading all sections, cementing them together by the ties of mutual interest and convenience, and availing itself of its great resources to produce the most certain and expeditious communication between them. Finally, and above all, he posses- sed the firmness to resist the attractions of military glory, and the talent to dispel its delusions, and thus in all human probabi- lity, saved the republic from the gulf of a military despotism." SPEECHES, &c, ON MANUFACTURES. Speech in the Senate^ upon an amendment proposed to the Bill appropriating a sum of money for procuring muni- tions of War^ and for other purposes ^ delivered the 6th of Aprils 1810. Mr. President, The local interest of the quarter of the country, which I have the honour to represent, will apologize for the trouble I may give you on this occasion. My colleague has pro- posed an amendment to the bill before you, instructing the secretary of the navy, to provide supplies of cordage, sail- cloth, hemp, &c. and to give a preference to those of Ame- rican growth and manufacture. It has been moved by the gentleman from Massachusetts (Mr. Lloyd) to strike out this part of the amendment; and in the course of the discussion which has arisen, remarks have been made on the general policy of promoting manufactures. The propriety of this policy is, perhaps, not very intimately connected with the subject before us; but it is, nevertheless, within the legiti- mate and admissible scope of debate. Under this impres- sion I oifer my sentiments. In inculcating the advantages of domestic manufactures, it never entered the head, I presume, of any one, to change the habits of the nation from an agricultural to a manufac- turing community. No one, I am persuaded, ever thought of converting the plough-share and the sickle into the spin- dle and the shuttle. And yet this is the delusive and erro- neous view too often taken of the subject. The opponents of the manufacturing system transport themselves to the es- tablishments of Manchester and Birmingham, and dwell- ing on the indigence, vice, and wretchedness prevailing there, by pushing it to an extreme^ argue that its introduc- tion into this country will necessarily be attended by the 6 2 ON MANUFACTURES. same mischievous and dreadful consequences. But what is the fact? That England is the manufacturer of a great part of the world; and that, even there, the numbers thus em- ployed bear an inconsiderable proportion to the whole mass of population. Were we to become the manufacturers of other nations, effects of the same kind might result. But if we limit our efforts, by our own wants, the evils apprehend- ed would be found to be chimerical. The invention and im- provement of machinery, for which the present age is so re- markable, dispensing in a great degree with manual labour^ and the employment of those persons, who, if we were engaged in the pursuit of agriculture alone, would be either unproductive, or exposed to indolence and immorality, will enable us to supply our wants without withdrawing our at- tention from agriculture; that first and greatest source of national wealth and happiness. A judicious American farm- er, in the household way, manufactures whatever is re- quisite for his family. He squanders but little in the gew- gaws of Europe. He presents in epitome what the nation ought to be in extenso. Their manufactories should bear the same proportion, and effect the same object in relation to the whole community, which the part of his household em- ployed in domestic manufacturing, bears to the whole fam- ily. It is certainly desirable that the exports of the country should continue to be the surplus production of tillage, and not become those of manufacturing establishments. But it is important to diminish our imports — to furnish ourselves with clothing, made by our own industry — and to cease to be dependent, for the very coats we wear, upon a foreign and perhaps inimical country. The nation that imports its clothing from abroad is but little less dependent than if it imported its bread. The fallacious course of reasoning urged against domestic manufactures, namely, the distress and servitude produced by those of England, would equally indicate the propriety of abandoning agriculture itself. Were you to cast your eyes upon the miserable peasantry of Poland, and revert to the days of feudal vassalage, you might thence draw nu- merous arguments of the kind now under consideration against the pursuits of the husbandman! What would be- come of commerce, the favorite theme of some gentlemen, if assailed with this sort of weapon? The fraud, perjury, cupidity and corruption with which it is unhappily too often ON MANUFACTURES. 5 attended, would at once produce its overthrow. In short, sir, take the black side of the picture and every human oc- cupation will be found pregnant with fatal objections. The opposition to manufacturing institutions recalls to my recollection the case of a gentleman, of whom I have heard. He had been in the habit of supplying his table from a neighbouring cook, and confectioner's shop, and proposed to his wife a reform, in this particular. She revolted at the idea. The sight of a scullion was dreadful, and her delicate nerves could not bear the clattering of kitchen furniture.— The gentleman persisted in his design; his table was thence- forth cheaper and better supplied, and his neighbour, the confectioner, lost one of his best customers. In like man- ner Dame Commerce will oppose domestic manufactures. She is a flirting, flippant, noisy jade, and if we are governed by her fantasies, we shall never put off the muslins of India and the cloths of Europe. But I trust that the yeomanry of the country, the true and genuine landlords of this tenement, called the United States, disregarding her freaks, will per- severe in reform, until the whole national family is furnish- ed by itself with the clothing necessary for its own use. It is a subject, no less of curiosity than of interest, to trace the prejudices in favour of foreign fabrics. In our colonial condition, we were in a complete state of depen- dence on the parent country, as it respected manufactures, as well as commerce. For many years after the war, such was the partiality for her productions, in this country, that a gentleman's head could not withstand the influence of solar heat, unless covered with a London hat — his feet could not bear the pebbles, or frost, unless protected by London shoes — and the comfort or ornament of his person was only consulted when his coat was cut out by the shears of a tailor "just from London." At length, however, the wonderful discovery has been made, that it is not absolutely beyond the reach of American skill and ingenuity, to pro- vide these articles, combining with equal elegance, greater durability. And I entertain no doubt, that in a short time, the no less important fact will be developed, that the do- mestic manufactories of the United States, fostered by government, and aided by household exertions, are fully competent to supply us with at least every necessary ar- ticle of clothing. I therefore, sir, for one (to use the fash- ionable cant of the day) am in favour of encouraging them, 4 ON MANUFACTURES. not to the extent to which they are carried in England, but to such an extent as will redeem us entirely from all de- pendence on foreign countries. There is a pleasure — a pride, (if I may be allowed the expression, and I pity those who cannot feel the sentimentj in being clad in the pro- ductions of our own families. Others may prefer the cloths of Leeds and of London, but give me those of Humphreys- ville. Aid may be given to native institutions in the form of bounties and of protecting duties. But against bounties, it is urged that you tax the -tvhole for the benefit of a part only, of the community; and in opposition to duties it is alleged, that you make the interest of one part, the con- sumer, bend to the interest of another part, the manufac- turer. The sufficiency of the answer is not always admitted, that the sacrifice is merely temporary, being ultimately compensated by the greater abundance and superiority of the article produced by the stimulus. But, of all practi- cable forms of encouragement, it might have been expected that the one under consideration would escape opposition, if every thing proposed in Congress were not doomed to experience it. What is it? The bill contains two provi- sions — one prospective, anticipating the appropriation for clothing for the army, and the amendment proposes extend- ing it to naval supplies, for the year 1811 — and the other, directing a preference to be given to home manufactures, and productions, whenever it can be done xvithout material detriment to the public service. The object of the first is to authorize contracts to be made beforehand, with manufac- turers, and by making advances to them, under proper se- curity, to enable them to supply the articles wanted, in suf- ficient quantity. When it is recollected that they are fre- quently men of limited capitals, it will be acknowledged that this kind of assistance, bestowed with prudence, will be productive of the best results. It is in fact, only pur- suing a principle long acted upon, of advancing to contrac- tors with government, on account of the magnitude of their engagements. The appropriation contemplated to be made for the year 1811, may be restricted to such a sum as, whether we have peace or war, we must necessarily expend. The discretion is proposed to be vested in officers of high confidence, who will be responsible for its abuse, and who are enjoined to see that the public service receives no ma- terial detriment. It is stated that hemp is now very high, ON MANUFACTURES. 5 and that contracts, made under existing circumstances, will be injurious to government. But the amendment creates no obligation upon the secretary of the navy, to go into market at this precise moment. In fact, by enlarging his sphere of action, it admits of his taking advantage of a fa- vourable fluctuation, and getting a supply below the accus- tomed price, if such a fall should occur prior to the usual annual appropriation. I consider the amendment, under consideration, of the first importance, in point of principle. It is evident that whatever doubt may be entertained, as to the general policy of the manufacturing system, none can exist, as to the pro- priety of our being able to furnish ourselves with articles of the first necessity, in time of war. Our maritime operations ought not, in such a state, to depend upon the casualties of foreign supply. It is not necessary that they should. With very little encouragement from government, I believe we shall not want a pound of Russia hemp. The increase of the article in Kentucky has been rapidly great. Ten years ago there were but two rope manufactories in the state. Now there are about twenty, and between ten and fifteen of cot- ton bagging; and the erection of new ones keeps pace with the annual augmentation of the quantity of hemp. Indeed the western country, alone, is not only adequate to the sup- ply of whatever of this article is requisite for our own con- sumption, but is capable of affording a surplus for foreign markets. The amendment proposed possesses the double recommendation of encouraging, at the same time both the manufacture and the growth of hemp. For by increasing the demand for the wrought article, you also increase the demand for the raw material, and consequently present new incentives to its cultivator. The three great subjects that claim the attention of the national legislature, are the interests of agriculture, com- merce, and manufactures. We have had before us, a pro- position to afford a manly protection to the rights of com- merce, and how has it been treated? Rejectedl You have been solicited to promote agriculture, by increasing the facilities of internal communication, through the means of canals and roads, and what has been done? Postponed! — We are now called upon to give a trifling support to our do- mestic manufactures, and shall we close the circle of con- gressional inefficiency, by adding this also to the catalogue? ON THE LINE OF THE PERDIDO. Speech in the Senate of the United States^ on the subject of the Territory west of the Perdido^ delivered 25th December, 1810. Mr. President, It would have gratified me if some other gentleman had undertaken to reply to the ingenious argument, which you have just heard. (Speech of Mr. Horsey.) But not per- ceiving any one disposed to do so, a sense of duty obliges me, though very unwell, to claim your indulgence, whilst I offer my sentiments on this subject, so interesting to the union at large, but especially to the western portion of it. Allow me, sir, to express my admiration at the more than Aristidean justice, which in a question of territorial title., between the United States and a foreign nation, induces certain gentlemen to espouse the pretensions of the foreign nation. Doubtless in any future negociations, she will have too much magnanimity to availherself of these spontaneous concessions in her favour, made on the floor of the Senate of the United States. It was to have been expected that in a question like the present, gentlemen, even on the same side, would have dif- ferent views, and although arriving at a common conclu- sion would do so by various arguments. And hence thr honourable gentleman from Vermont, entertains doubt with regard to our title against Spain, whilst he feels entirely satisfied of it against France. Believing, as I do, that our title against both powers is indisputable, under the treaty of St. Ildefonso, between Spain and France, and the treaty be- tween the French Republic and the United States, I shall not inquire into the treachery, by which the king of Spain is alleged to have lost his crown; nor shall I stop to discuss the question involved in the overthrow of the Spanish mon- archy, and how far the power of Spain ought to be con- sidered as merged in that of France. I shall leave the hon- ourable gentleman from Delaware to mourn over the for- tunes of the fallen Charles. I have no commiseration for princes. My sympathies are reserved for the great mass of mankind, and I own that the people of Spain have them most sincerely. ON THE LINE OF THE PERDIDO. 7 I will adopt the course suggested by the nature of the subject and pursued by other gentlemen, of examining into our title to the country lying between the Mississippi and the Rio Perdido, (which to avoid circumlocution, I will call West Florida, although it is not the whole of it — ) and the propriety of the recent measures taken for the occupation of that territory. Our title then depends, first, upon the limits of the province, or colony of Louisiana, and secondly, upon a just exposition of the treaties before mentioned. On this occasion it is only necessary to fix the eastern boundary. In order to ascertain this, it will be proper to take a cursory view of the settlement of the country, be- cause the basis of European title to colonies in America, is prior discovery, or prior occupancy. In 1682, La Salle mi- grated from Canada, then owned by France, descended the Mississippi, and named the country which it waters, Louis- iana. About 1698, D'Iberville discovered by sea, the mouth of the Mississippi, established a colony at the Isle Dau- phine, or Massacre, which lies at the mouth of the bay of Mobile, and one at the mouth of the river Mobile, and was appointed by France, governor of the country. In the year 1717, the famous West India company sent inhabitants to the Isle Dauphine, and found some of those who had been settled there under the auspices of D'Iberville. About the same period, Baloxi, near the Pascagoula, was settled. In 1719, the city of New Orleans was laid off, and the seat of .government of I^ouisiana was established there; and in 1736, the French erected a fort on Tombigbee. These facts prove that France had the actual possession of the country as far east as the Mobile at least. But the great instrument which ascertains, beyond all doubt, that the country in question is comprehended within the limits of Louisiana, is one of the most authentic and solemn character which the archives of a nation can furnish: I mean the patent granted in 1712, by Louis XIV, to Crozat-^[Here Mr. C. read such parts of the patent as were applicable to the subject.*] * Extract from the Grant to Crozat, dated at " Fo7\tainbieau, Sept. 14, 1712. " Louis, By the grace of God, &c. " The care we have always had to procure the welfare and advantage of our subjects, having induced us, &c. to seek for all possible opportu- nities of enlarging- and extending the trade of our American colonies, we did, in the year 1683, give our orders to undertake a discovery of the 8 ON THE LINE OF THE PERDIDO. According to this document, in describing the province, or colony of Louisiana, it is declared to be bounded by Carolina on the east, and Old and New Mexico on the West. Un- der this high record evidence, it might be insisted that we have a fair claim to East as well as West Florida, against France at least, unless she has by some convention, or other obligatory act, restricted the Eastern limit of the province. It has, indeed, been asserted that by a treaty between France and Spain, concluded in the year 1719, the Perdido was ex- pressly stipulated to be the boundary between their respec- tive provinces of Florida on the East, and Louisiana on the "West: but as I have been unable to find any such treaty, I am induced to doubt its existence. countries and lands which are situated in the northern part of America, between New France and New IMexico; and the Sieur de la Salle, to whom we committed that enterprise, having had success, enough to con- firm a belief that a communication might be settledyVom J^ew France to the Gulf of Mexico, by means of large rivers, this obliged us, imme- diately after the peace of Ryswic, to give orders for establishing a colony there, and maintaining a garrison, which his kept and preserved the pos- session we had taken in the very year 1683, of the lands, coasts, and islands which are situated in the Gulf of Mexico between Carolina on the east, and old and new Mexico on the west. But a new war having broke out in Europe shortly after, there was no possibility, till now, of reaping from that colony the advantages that might have been expected from thence, &c. And, whereas, upon the information we have received con- cerning the disposition and situation of the said countries, known at pre- sent by the name of the Province of Louisiana, we are of opinion, that there may be established therein considerable commerce, &c. we have resolved to grant the commerce of the country of Louisiana to the Sieur Anthony Crozat, &c. For these reasons, &c. we, by these presents, signed by our hand, have appointed and do appoint the said Sieur Cro- zat, to carry on a trade in all the lands possessed by us, and bounded by New Mexico and by the lands of the English of Carolina, all the estab- lishments, ports, havens, rivers, and principally the port and haven of the Isle Dauphine, heretofore called Massacre; the river of St. Louis, heretofore called Mississippi, from the edge of the sea as far as the Illi- nois, together with the river St Philip, heretofore called the Missouri, and of St. Jerome, heretofore called Ooabache, with all the countries, territories, and lakes within land, and the rivers which fall directly or indirectly into that part of the river St. Louis. The Articles — 1. Our pleasure is, that all the aforesaid lands, coun- tries, streams, rivers, and islands be, and remain comprised under the name tf the government of Louisiana, which shall be dependent upon the general government of New France, to which it is subordinate; and fur- ther, that all the lands which we possess from the Illinois, be united, &c. to the general government of New^ France, and become part there- of, &c." ON THE LINE OF THE PERDIDO. 9 About the same period; to wit, towards the close of the seventeenth century, when France settled the Isle Dauphine, and the Mobile, Spain erected a fort at Pensacola. But Spain never pushed her actual settlements, or conquests, farther west than the bay of Pensacola, whilst those of the French were bounded on the east by the Mobile. Between those two points, a space ot about thirteen or fourteen leagues, neither nation had the exclusive possession. The Rio Perdido, forming the bay of the same name, discharges itself into the gulf of Mexico, between the Mobile and Pensacola, and, being a natural and the most notorious ob- ject between them, presented itself as a suitable boundary between the possessions of the two nations. It accordingly, appears very early to have been adopted as the boundary by tacit, if not expressed, consent. The ancient charts and historians, therefore, of the country, so represent it. Du- pratz, one of the most accurate historians of the time, in point of fact and detail, whose work was published as early as 1758, describes the coast as being bounded on the east by the Rio Perdido. In truth, sir, no European nation whatever, except France, ever occupied any portioti of west Florida, prior to her cession of it to England in 1762. The gentlemen on the other side do not, indeed, strongly con- trovert, if they do not expressly admit, that Louisiana, as held by the French anterior to her cessions of it in 1762, extended to the Perdido. The only observation made by the gentleman from Delaware to the contrary, to wit, that the island of New Orleans being particularly mentioned, could not, for that reason, constitute a part of Louisiana; is susceptible of a very satisfactory answer. That island was excepted out of the grant to England, and was the only part of the province east of the river that was so excepted. It formed in itself one of the most prominent and important objects of the cession to Spain originally, and was transfer- red to her with the portion of the province west of the Mis^ sissippi. It might with equal propriety, be urged that St. Augustine is not in East Florida, because St. Augustine is expressly mentioned by Spain in her cession of that province to England: From this view of the subject, I think it re- sults that the province of Louisiana comprised West Flori- da previous to the year, 176^. What was done with it at this epoch? By a secret con- vention of the 3d of November, of that year, France ceded C 10 ON THE LINE OF THE PERDIDO. the country lying west of the Mississippi, and the island of New Orleans, to Spain; and by a contemporaneous act, the articles preliminary to the definitive treaty of 1763, she transferred West Florida to England. Thus at the same instant of time, she alienated the whole province. Posterior to this grant, Great Britain having also acquired from Spain her possessions east of the Mississippi, erected the country into two provinces. East and West Florida. In this state of things it continued until the peace of 1783,. when Great Britain, in consequence of the events of the war, surren- dered the country to Spain, who for the first time came in- to actual possession of West Florida. Well, sir, how does she dispose of it? She re- annexes it to the residue of Louis- iana — extends the jurisdiction of that government to it, and subjects the governors, or commandants, of the districts of Baton Rouge, Feliciana, Mobile and Pensacola, to the au- thority of the governor of Louisiana, residing at New Or- leans; while the governor of East Florida is placed wholly without his control, and is made amenable directly to the governor of the Havannah. Indeed, sir, I have been credi- bly informed that all the concessions, or grants of land, made in West Florida, under the authority of Spain, run in the name of the governme7it of Louisiana. You cannot have forgotten that, about the period when we took possession of New Orleans, under the treaty of cession from France, the whole country resounded with the nefarious speculations which were alleged to be making in that city with the con- nivance, if not actual participation of the Spanish authori- ties, by the procurement of surreptitious grants of land, particularly in the district of Feliciana. West Florida, then, not only as France had held it, but as it was in the hands of Spain, made a part of the province of Louisiana; as much so as the jurisdiction, or district of Baton Rouge consti- tuted a part of West Florida. What then is the true construction of the treaties of St. Ildefonso, and of April, 1803, from whence our title is de- rived? If an ambiguity exist in a grant, the interpretation most favoural)le to the grantee is preferred. It was the duty of the grantor to have expressed himself in plain and in- telligible terms. This is the doctrine, not of Coke only, (whose dicta I admit have nothing to ilo with the question) but of the code of universal law. The doctrine is entitled to augmented force, when a clause only of the instrument ON THE LINE OF THE PERDIDO. n is exhibited, in which clause the ambiguity lurks, and the residue of the instrument is kept back by the grantor. The entire convention of 1762, by which France transferred Louisiana to Spain, is concealed, and the whole of the treaty of St. Ildefonso, except a solitary clause. We are thus de- prived of the aid which a full view of both of those instru- ments would afford. But we have no occasion to resort to any rules of construction, however reasonable in themselves, to establish our title. A competent knowledge of the facts, connected with the case, and a candid appeal to the treaties, are alone sufficient to manifest our right. The negociators of the treaty of 1803, having signed with the same ceremo- ny, two copies, one in English and the other in the French language, it has been contended that in the English version, the term " cede" has been erroneously used instead of " re- trocede," which is the expression in the French copy. And it is argued that we are bound by the phraseology of the French copy, because, it is declared that the treaty was agreed to in that language. It would not be very unfair to inquire if this is not like the common case in private life, where individuals enter into a contract of which each party retains a copy, duly executed. In such case, neither has the preference. We might as well say to France, we will cling by the English copy, as she could insist upon an ad- herence to the French copy; and if she urged ignorance on the part of Mr. Marbois, her negociator, of our language, we might with equal propriety plead ignorance on the part of our negociators of her language. As this, however, is a disputable point, I do not avail myself of it; gentlemen shall have the full benefit of the expressions in the French copy. According to this, then, in reciting the treaty of St. Ilde- fonso, it is declared by Spain in 1800, that she retrocedes to France, the colony, or province of Loiiisiana, with the same extent which it then had in the hands of Spain, and which it had when France possessed it, and such as it should be after the treaties subsequently entered into be- tween Spain and other states. This latter member of the description has been sufficiently explained by my colleague. It is said that since France, in 1762, ceded to Spain only Louisiana west of the Mississippi, and the Island of New- Orleans, the retrocession comprehended no more — that the retrocession ex vi termini was coinmensurate with and limi- ted by the direct cession from France to Spain. If this 12 ON THE LINE OF THE PERDIDO. were true, then the description, such as Spain held it, that is in 1800, comprising West Florida, and such as France possessed it, that is in 1 762, prior to the several cessions, comprising also West Florida, would be totally inoperative. But the definition of the term retrocession, contended for by the other side is denied. It does not exclude the instru- mentality of a third party. It means restoration, or re-con- veyance of a thing originally ceded, and so the gentleman from Delaware acknowledged. I admit that the thing restored must have come to the restoring party from the party to whom it is retroceded; whether directly or indi- rectly is wholly immaterial. In its passage it may have come through a dozen hands. The retroceding party must claim under and in virtue of the right originally possessed by the party to whom the retrocession takes place. Allow 'me to put a case: You own an estate called Louisiana. You convey one moiety of it to the gentleman from Delaware, and the other to me; he conveys his moiety to me, and I thus become entitled to the whole. By a suitable instrument I re-convey, or retrocede the estate called Louisiana to you as I now hold it, and as you held it; what passes to you? The whole estate or my moiety only? Let me in- dulge another supposition — that the gentleman from Dela- ware, after he received from you his moiety, bestowed a new denomination upon it and called it West Florida- would that circumstance vary the operation of my act of retrocession to you? The case supposed is in truth the real one between the United States and Spain. France in 1762, transfers Louisiana, west of the Mississippi to Spain, and at the same time conveys the eastern portion of it, exclusive of New Orleans, to Great Britain. Twenty-one years after, that is in 1783, Great Britain cedes her part to Spain, who thus becomes possessed of the entire province; one portion by direct cession from France, and the residue by indirect cession. Spain then held the whole of Louisiana under France and in virtue of the title of France. The whole moved or passed from France to her. When therefore, in this state of things, she says, in the treaty of St. Ildefonso, that she retrocedes the province to France, can a doubt exist that she parts with, and gives back to France the en- tire colony? To preclude the possibility of such a doubt, she adds, that she restores it, not in a mutilated condition, but in that precise condition in which France had and she herself possessed it. ON THE LINE OP THE PERDIDO. 13 Having thus shown, as I conceive, a clear right in the United States to West Florida, I proceed to inquire if the proclamation of the President directing the occupation of property, which is thus fairly acquired by solemn treaty, be an unauthorized measure of war and of legislation, as has been contended? The act of October, 1803, contains two sections, by one of which the President is authorized to occupy the territories ceded to us by France in the April preceding. The other empowers the President to establish a provisional govern- ment there. The first section is unlimited in its duration; the other is restricted to the expiration of the then session of Congress. The act therefore of March, 1804, declaring that the previous act of October should continue in force until the 1st of October, 1804, is applicable to the second and not the first section, and was intended to continue the provisional government of the President. By the act of 24th February, 1804, for laying duties on goods imported into the ceded territories, the President is empowered when- ever he deems it expedient to erect the bay and river Mo- bile, &c. into a separate district, and to establish therein a port of entry and delivery. By this same act the Orleans territory is laid off, and its boundaries are so defined as to comprehend West Florida. By other acts the President is authorized to remove by force, under certain circumstances, persons settling on, or taking Dossession of lands ceded to the United States. These laws furnish a legislative construction of the treaty, corresponding with that given by the Executive, and they indisputably vest in this branch of the general government the power to take possession of the country, whenever it might be proper in his discretion. The President has not therefore violated the constitution and usurped the war- making power, but he would have violated that provision which requires him to see that the laws are faithfully exe- cuted, if he had longer forborn to act. It is urged that he has assumed powers belonging to congress in undertaking to annex the portion of West Florida, between the Missis- sippi and the Perdido, to the Orleans territory. But t^m gress, as has been shown, has already made this annexati^ the limits of the Orleans territory, as prescribed by con- gress, comprehending the country in question. The Presi- dent by his proclamation, has not made law, but has merely /O 14 ON THE LINE OF THE PERDIDO. declared to the people of West Florida, what the law is. This is the office of a proclamation, and it was highly pro- per that the people of that territory should be thus notified. By the act of occupying the country, the government de JactOy whether of Spain, or the revolutionists ceased to ex- ist; and the laws of the Orleans territory, applicable to the country, by the operation and force of law attached to it. But this was a state of things which the people might not know, and which every dictate of justice and humanity therefore required, should be proclaimed. I consider the bill before us merely in the light of a declaratory law. Never could a more propitious moment present itself for the exercise of the discretionary power placed in the Presi- dent, and had he failed to embrace it, he would have been criminally inattentive to the dearest interests of this country. It cannot be too often repeated, that if Cuba on the one hand, and Florida on the other, are in the possession of a foreign maritime power, the immense extent of country be- longing to the United States, and watered by streams dis- charging themselves into the gulf of Mexico — that is one- third, nay, more than two-thirds of the United States, com- prehending Louisiana, are placed at the mercy of that power. The possession of Florida is a guarantee absolute- ly necessary to the enjoyment of the navigation of those streams. The gentleman from Delaware anticipates the most direful consequences from the occupation of the coun- try. He supposes a sally from a Spanish garrison upon the American forces, and asks what is to be done? We attempt a peaceful possession of the country to which we are fairly- entitled. If the wrongful occupants under the authority of Spain assail our troops, I trust they will retrieve the lost honour of the nation in the case of the Chesapeake. Sup- pose an attack upon any portion of the American army with- in the acknowledged limits of the United States by a Spanish force? In such event there would exist but a single honour- able and manly course. The genUeman conceives it unge- nerous, that we should at this moment, when Spain is en- compassed and pressed on all sides by the immense power of her enemy, occupy West Florida. Shall we sit by pas- sive spectators, and witness the interesting transactions of that country — transactions which tend in the most imminent degree, to jeopardize our rights; without attempting to in- terfere? Are you prepared to see a foreign power seize ON THE LINE OF THE PERDIDO. 15 what belongs to us? I have heard in the most credible manner that, about the period when the President took his measures in relation to that country, agents of a foreign power were intriguing with the people there, to induce them to come under his dominion: but whether this be the fact or not, it cannot be doubted, that if you neglect the present auspicious moment — if you reject the proffered boon, some other na- tion, profiting by your errors, will seize the occasion to get a fatal tooting in your southern frontier. I have no hesita- tion in saying, that if a parent country will not or cannot maintain its authority in a colony adjacent to us, and there exists in it a state of misrule and disorder, menacing our peace, and if morover such colony, by passing into the hands of any other power, would become dangerous to the integrity of the union, and manifestly tend to the subversion of our laws; we have a right upon the eternal principles of self-preservation, to lay hold upon it. This principle alone, independent of any title, would warrant our occupation of West Florida. But it is not necessary to resort to it, our title being in my judgment incontestibly good. We are told of the vengeance of resuscitated Spain. If Spain, under any modification of her government, choose to make war upon us, for the act under consideration, the nation, I have no doubt, will be willing to embark in such a contest. But the gentleman reminds us that Great Britain, the ally of Spain, may be obliged by her connexion with that country, to take part with her against us, and to consider this measure of the President as justifying an appeal to arms. Sir, is the time never to arrive when we may manage our own affairs with- out the fear of insulting His Brittanic Majesty? Is the rod of British power to be forever suspended over our heads? Does congress put on an embargo to shelter our rightful commerce against the piratical depredations committed up- on it on the ocean? We are immediately warned of the in- dignation of offended England. Is a law of non-intercourse proposed? The whole navy of the haughty mistress of the seas is made to thunder in our ears. Does the President refuse to continue a correspondence with a minister who violates the decorum belonging to his diplomatic character, by giving and deliberately repeating an affront to the whole nation? We are instantly menaced with the chastisement which English pride will not fail to inflict. Whether we assert our rights by sea or attempt their maintenance by It) ON THE LINE OF THE PERDIDO. land — whethersoever we turn ourselves, this phantom in» cessantly pursues us. Already has it had too much influence on the councils of the nation. It contributed to the repeal of the embargo — that dishonourable repeal which has so much tarnished the character of our government. Mr. President, I have before said on this floor, and now take occasion to remark, that I most sincerely desire peace and amity with England; that I even prefer an adjustment of all differences with her, before one with any other nation. But if she per- sists in a denial of justice to us, or if she avails herself of the occupation of West Florida to commence war upon us, I trust and hope that all hearts will unite in a bold and vi- gorous vindication of our rights. I do not believe, however, in the prediction, that war will be the effect of the measure in question. It is asked, why, some years ago, when the interruption of the right of deposit took place at New Orleans, the gov- ernment did not declare war against Spain, and how it has happened that there has been this long acquiescence in the Spanish possession of West Florida? The answer is obvious. It consists in the genius of the nation which is prone to peace, in that desire to arrange, by friendly negociation, our disputes, with all nations; which has constantly influenced the present and preceding administration; and in the jealousy of armies, with which we have been inspired by the melan- choly experience of free estates. But a new state of things has arisen: negociation has become hopeless. The power with whom it was to be conducted, if not annihilated, is in a situation that precludes it; and the subject matter of it is in danger of being snatched forever from our power. Longer delay would be construed into a dereliction of our right, and would amount to treachery to ourselves. May I ask, in my turn, why certain gentlemen, now so fearful of war, were so urgent for it with Spain when she withheld the right of de- posit? and still later, when in 1805 or 6 this very subject of the actual limits of Louisiana, was before congress? I will not say, because I do not know that I am authorised to say, that the motive is to be found in the change of relation between Spain and other European powers, since those pe- riods. Does the honourable gentleman from Delaware really be- lieve that he finds in St. Domingo a case parallel with that of West Florida? and that our government, having inter*- ON THE LINE OF THE PERDIDO- 17 dieted an illicit commerce with the former, ought not to have interposed in relation to the latter? It is scarcely necessary to consume your time by remarking that we had no preten- sions to that island; that it did not menace our repose, nor did the safety of the United States require that they should occupy it. It became, therefore, our duty to attend to the just remonstrance of France against American citizens, sup= plying the rebels with the means of resisting her power. I am not, sir, in favour of cherishing the passion of con- quest. But I must be permitted, in conclusion, to indulge the hope of seeing, ere long, the nexv United States (if you will allow me the expression) embracing, not only the old thirteen States, but the entire country east of the Missis- sippi, including East Florida, and some of the territories of the north of us also. U 18 ON THE BANK CHARTER. Speech on the question of renewing the charter of the Bank of the United States^ delivered in the Senate^ 1811. Mr. President, /^^' f5 ^^^^ When the subject involved in the motion now under con- sideration was depending before the other branch of the legislature a disposition to acquiesce in their decision was evinced. P'or although the committee who reported this bill had been raised many weeks prior to the determina- tion of that house on the proposition to re-charter the bank, except the occasional reference to it of memorials and peti- tions, we scarcely ever heard of it. The rejection, it is true, of a measure brought before either branch of congress does not absolutely preclude the other from taking up the same proposition; but the economy of our time, and a just deference for the opinion of others, would seem to recom- mend a delicate and cautious exercise of this power. As this subject, at the memorable period when the charter was granted, called forth the best talents of the nation — as it has, on various occasions, undergone the most thorough investigation, and as we can hardly expect that it is suscep- tible of receiving any further elucidation, it was to be hoped that we should have been spared useless debate. This was the more desirable because there are, I conceive, much su- perior claims upon us for every hour of the small portion of the session yet remaining to us. Under the operation of these motives, I had resolved to give a silent vote, until I felt myself bound, by the defying manner of the arguments advanced in support of the renewal, to obey the paramount duties I owe my country and its constitution; to make one effort, however feeble, to avert the passage of what appears to me a most unjustifiable law. After my honourable friend from Virginia (Mr. Giles) had instructed and amused us with the very able and ingenious argument which he deliv- ered on yesterday I should have still forborne to trespass on the senate but for the extraordmary character of his speech. He discussed both sides of the question with great ability and eloquence and certainly demonstrated to the satisfaction of all who heard him both that it was constitu- tional and unconstitutional, highly proper and improper to ON THE BANK CHARTER. 19 prolong the charter of the bank. The honourable gentle- man appeared to me in the predicament in which the cele- brated orator of Virginia, Patrick Henry, is said to have been once placed. Engaged in a most extensive and lucra- tive practice of the law, he mistook in one instance the side of the cause in which he was retained, and addressed the court and jury in a very masterly and convincing speech in behalf of his antagonist. His distracted client came up to him whilst he was thus employed, and interrupting him, bitterly exclaimed, " you have undone me! You have ruin- ed me!" — " Never mind, give yourself no concern," said the adroit advocate; and turning to the court and jury, con- tinued his argument by observing, " may it please your hon- ors, and you, gentlemen of the jury, I have been stating to you what I presume my adversary may urge on his side. I will now show you how fallacious his reasoning and ground- less his pretensions are." The skilful orator proceeded, satisfactorily refuted every argument he had advanced, and gained his cause! A success with which I trust the exertion of my honourable friend will on this occasion be crowned. It has been said by the honourable gentleman from Geor- gia (Mr. Crawford) that this has been made a party ques- tion although the law incorporating the bank was passed prior to the formation of parties and when congress was not biassed by party prejudices. (Mr. Crawford explained. He did not mean that it had been made a party question in the senate. His allusion was elsewhere.) I do not think it altogether fair to refer to the discussions in the house of representatives, as gentlemen belonging to that body have no opportunity of defending themselves here. It is true that this law was not the effect, but it is no less true that it was one of the causes of the political divisions in this country. And, if, during the agitation of the present question, the renewal has, on one side, been opposed on party principles, let me ask if, on the other, it has not been advocated on similar principles? Where is the Macedonian phalanx, the opposition in congress? I believe, sir, I shall not incur the charge of presumptuous prophecy, when I predict we shall not pick up from its ranks one single straggler! And if, on this occasion, my worthy friend from Georgia has gone over into the camp of the enemy, is it kind in him to look back upon his former friends, and rebuke them for the fidelity with which they adhere to their old principles? 20 OK THE BANK CHARTER. I shall not stop to examine how far a representative is bound by the instructions of his constituents. That is a question between the giver and receiver of the instructions. But I must be permitted to express my surprise at the point- ed difference which has been made between the opinions and instructions of state legislatures, and the opinions and de- tails of the deputations with which we have been surround- ed from Philadelphia. Whilst the resolutions of those le- gislatures-- known, legitimate, constitutional and deliberative bodies — have been thrown into the back ground, and their interference regarded as officious, these delegations from self-created societies, composed of nobody knows whom, have been received by the committee with the utmost com- plaisance. Their communications have been treasured up with the greatest diligence. Never did the Delphic priests collect with more holy care the frantic expressions of the agitated Pythia, or expound them with more solemnity to the astonished Grecians, than has the committee gathered the opinions and testimonies of these deputies, and, through the gentleman from Massachusetts, pompously detailed them to the senate! Philadelphia has her immediate representa- tives, capable of expressing her wishes upon the floor of the other house. If it be improper for states to obtrude upon congress their sentiments, it is much more highly so for the unauthorized deputies of fortuitous congregations. The first singular feature that attracts attention in this bill is the new and unconstitutional veto which it establish- es. The constitution has required only, that after bills have passed the house of representatives and the senate, they shall be presented to the president for his approval or rejection, and his determination is to be made known in ten days. But this bill provides, that when all the constitutional sanctions are obtained, and when according to the usual routine of legislation it ought to be considered as a law, it is to be submitted to a new branch of the legislature, con- sisting of the president and twenty-four directors of the bank of the United States, holding their sessions in Phila- delphia, and if they please to approve it, why then is it to become a law! And three months (the term allowed by our law of May last, to one of the great belligerents for revok- ing his edicts, after the other shall have repealed hisj are granted them to decide whether an act of congress shall be the law of the land or not! An act which is said to be in- ON THE BANK CHARTER. 21 dispensibly necessary to our salvation, and without the pas- sage, of which universal distress and bankruptcy are to per- vade the country. Remember, sir, that the honourable gen- tleman from Georgia has contended that this charter is no contract. Does it then become the representatives of the nation to leave the nation at the mercy of a corporation? Ought the impending calamities to be left to the hazard of a contingent remedy? This vagrant power to erect a bank, after having wander- ed throughout the whole constitution in quest of some con- genial spot to fasten upon, has been at length located by the gentleman from Georgia on that provision which authorizes congress to lay and collect taxes, &c. In 1791, the power is referred to one part of the instrument; in 1811, to another. Sometimes it is alleged to be deducible from the power to regulate commerce. Hard pressed here it disappears, and shows itself under the grant to coin money. The sagacious secretary of the treasury in 1791 pursued the wisest course — he has taken shelter behind general high sounding and imposing terms. He has declared, in the preamble to the act establishing the bank that it will be very conducive to the successful conducting^ of the national finances; will tend to give facility to the obtaining of loans, and will be pro- ductive of considerable advantage to trade and industry in general. No allusion is made to the collection of taxes. What is the nature of this government? It is emphatically federal, vested with an aggregate of specified powers for general purposes, conceded by existing sovereignties, who have themselves retained what is not so conceded. It is said that there are cases in which it must act on implied powers. This is not controverted, but the implication must be ne- cessary, and obviously flow from the enumerated power with which it is allied. The power to charter companies is not specified in the grant, and I contend is of a nature not transferrable by mere implication. It is one of the most exalted attributes of sovereignty. In the exercise of this gigantic power we have seen an East India company crea- ted, which has carried dismay, desolation and death, through- out one of the largest portions of the habitable world. A company which is in itself, a sovereignty — which has sub- verted empires and set up new dynasties — and has not only made war, but war against its legitimate sovereign! Under the influence of this power, we have seen arise a South Sea 22 ON THE BANK CHARTER. company and a Mississippi company, that distracted and convulsed all Europe, and menaced a total overthrow of all credit and confidence, and universal bankruptcy. Is it to be imagined that a power so vast would have been left by the wisdom of the constitution to doubtful inference? It has been alleged that there are many instances, in the constitu- tion, where powers in their nature incidental, and which would have necessarily been vested along with the princi- pal, are nevertheless expressly enumerated; and the power "to make rules and regulations for the government of the land and naval forces," which it is said is incidental to the power to raise armies and provide a navy, is given as an ex- ample. What does this prove? How extremely cautious the convention were to leave as little as possible to impli- cation. In all cases where incidental powers are acted upon, the principal and incidental ought to be congenial with each other, and partake of a common nature. The incidental power ought to be strictly subordinate and limited to the end proposed to be attained by the specified power. In other words, under the name of accomplishing one object which is specified, the power implied ought not to be made to em- brace other objects, which are not specified in the constitu- tion. If then you could establish a bank to collect and dis- tribute the revenue, it ought to be expressly restricted to the purpose of such collection and distribution. It is mock- ery, worse than usurpation, to establish it for a lawful object, and then to extend it to other objects which are not lawful- In deducing the power to create corporations, such as I have described it, from the power to collect taxes, the rela- tion and condition of principal and incident are prostrated and destroyed. The accessory is exalted above the princi- pal. As well might it be said that the great luminary of day is an accessory, a satellite to the humblest star that twinkles forth its feeble light in the firmament of Heaven! Suppose the constitution had been silent as to an individu- al department of this government, could you under the power to lay and collect taxes establish a judiciary? I pre- sume not; but if you could derive the power by mere im- plication could you vest it with any other authority than to enforce the collection of the revenue? A bank is made for the ostensible purpose of aiding in the collection of the rev- enue, and whilst it is engaged in this, the most inferior and subordinate of all its functions, it is made to diffuse itself ON THE BANK CHARTER. 23 throughout society, and to influence all the great operations of credit, circulation and commerce. Like the Virginia jus- tice, you tell the man, whose turkey had been stolen, that your books of precedents furnish no form for his case, but then you will grant him a precept to search for a cow, and when looking for that he may possibly find his turkey! You say to this corporation, we cannot authorize you to discount — to emit paper — to regulate commerce, &c. No! Our book has no precedents of that kind. But then we can authorize you to collect the revenue, and, whilst occupied with that you may do whatever else you please! What is a corporation such as the bill contemplates? It is a splendid association of favored individuals, taken from the mass of society, and invested with exemptions and surround- ed by immunities and privileges. The honorable gentle- man from Massachusetts (Mr. Lloyd) has said that the original law, establishing the bank, was justly liable to the objection of vesting in that institution an exclusive privi- lege, the faith of the government being pledged that no other bank should be authorized during its existence. This objection he supposes is obviated by the bill under conside- ration; but all corporations enjoy exclusive privileges — that is, the corporators have privileges which no others possess; if you create fifty corporations instead of one, you have only fifty privileged bodies instead of one. I contend that the states have the exclusive power to regulate contracts, to declare the capacities and incapacities to contract, and to provide as to the extent of responsibility of debtors to their creditors. If congress have the power to erect an artificial body and say it shall be endowed with the attributes of an individual — if you can bestow on this object of your own creation the ability to contract, may you not, in contraven- tion of state rights, confer upon slaves, infants and femes covert the ability to contract? And if you have the power to say that an association of individuals shall be responsi- ble for their debts only in a certain limited degree, what is to prevent an extension of a similar exemption to individu- als? Where is the limitation upon this power to set up cor- porations. You establish one in the heart of a state, the ba- sis of whose capital is money. You may erect others whose capital shall consist of land, slaves and personal estates, and thus the whole property within the jurisdiction of a state might be absorbed by these political bodies. The existing 24 Oi\ THE BANK CHARTER. bank contends that it is beyond the power of a state to tax it, and if this pretension be well founded, it is in the pow- er of congress, by chartering companies to dry up ail the sources of state revenue. Georgia has undertaken, it is true, to levy a tax on the branch within her jurisdiction, but this law, now under a course of litigation, is considered as in- valid. The United States own a great deal of land in the state of Ohio; can this government, for the purpose of cre- ating an ability to purchase it, charter a company? Aliens are forbidden, I believe, in that state, to hold real estate — could you, in order to multiply purchasers, confer upon them the capacity to hold land, in derogation of the local law? I imagine this will hardly be insisted upon; and )et there exists a more obvious connexion between the undoubt- ed power, which is possessed by this government, to sell its land, and the means of executing that power by increasing the demand in the market, than there is between this bank and the collection of a tax. This government has the power to levy taxes — to raise armies — provide a navy — make war — regulate commerce, coin money, &c. &c. It would not be difficult to show as intimate a connexion letween a cor- poration, established for any purpose whatever, and some one or other of those great powers, as there is between the revenue and the bank of the United States. Let us inquire into the actual participation of this bank in the collection of the revenue. Prior to the passage of the act of 1800, requiring the collectors of those ports of entry at which the principal bank, or any of its offices are situated, to deposit with them the custom-house bonds, it had not the smallest agency in the collection of the duties. During almost one moiety of the period to which the exis- tence of this institution was limited, it was nowise instru- mental in the collection of that revenue, to which it is now become indispensable! The collection previous to 1800, was made entirely by the collectors; and even at present, where there is one port of entry, at which this bank is employed, there are eight or ten at which the collection is made as it was before 1800. And sir, what does this bank or its branch- es where resort is had to it? It does not adjust with the mer- chant the amount of duty, nor take his bond, nor, if the bond is not paid, coerce the payment by distress or other- wise. In fact it has no active agency whatever in the collection. Its operation is merely passive; that is, if the ^/'l^ ON THE BANK CHARTER. 25 obligor, after his bond is placed in the bank, discharges it, all is very well. Such is the mighty aid afforded by this tax-gatherer, without which the government cannot get along! Again, it is not pretended that the very limited as- sistance which this institution does in truth render, extends to any other than a single species of tax, that is, duties. In the collection of the excise, the direct and other internal taxes, no aid was derived from any bank. It is true, in the collection of those taxes, the former did not obtain the same indulgence which the merchant receives in paying duties. But what obliges congress to give credit at all? Could it not demand prompt payment of the duties? And, in fact, does it not so demand in many instances? Whether credit is given or not is a matter merely of discretion. If it be a facility to mercantile operations, (as I presume it is) it ought to be granted. But I deny the right to engraft upon it a bank, which you would not otherwise have the power to erect. You cannot create the necessity of a bank, and then plead that necessity for its establishment. In the administration of the finances, the bank acts simply as a payer and receiv- er. The secretary of the treasury has money in New York, and wants it in Charlestonj the bank will furnish him with a check, or bill, to make the remittance, which any merchant would do just as well. I v/ill now proceed to show by fact, actual experience, not theoretic reasoning, but by the records themselves of the treasury, that the operations of that department may be as well conducted without as with this bank. The delu- sion has consisted in the use of certain high sounding phra- ses, dexterously used on the occasion — " the collection of the revenue" — " the administration of the finance" — " the conducting of the fiscal affairs of the government," the usual language of the advocates of the bank, extort express as- sent, or awe into acquiescence, without inquiry or examina- tion into its necessity. About the commencement, of this year there appears, by the report of the secretary of the treasury, of the 7th of January, to have been a little up- wards of two millions and four hundred thousand dollars in the treasury of the United Statesj and more than one- third of this whole sum was in the vaults of local banks. In several instances where opportunities existed of selecting the bank, a preference has been given to the state bank, or at least a portion of the deposits has been made with it. In E 26 ON THE BANK CHARTER. New York, for example, there was deposited with the Man- hattan bank Si 88,670, although a branch bank is in that city. In this district, §115,080 were deposited with the bank of Columbia, although here also is a branch bank, and yet the slate banks are utterly unsafe to be trusted! If the money, after the bonds are collected is thus placed with these banks, I presume there can be no difficulty, in placing the bonds themselves there, if they must be deposited with some bank for collection, which I deny. Again, one of the most important and complicated branch- es of the treasury department, is the management of our landed system. The sales have in some years, amounted to upwards of half a million of dollars, are generally made upon credit, and yet no bank whatever is made use of to facilitate the collection. After it is made, the amount in some instances, has been deposited with banks, and, accord- ing to the secretary's report which I have before adverted to, the amount so deposited, was in January, upwards of three hundred thousand dollars, not one cent of which was in the vaults of the bank of the United States, or in any of its branches, but in the bank of Pennsylvania, its branch at Pittsburgh, the Marietta bank, and the Kentucky bank. Upon the point of responsibility, I cannot subscribe to the opinion of the secretary of the treasury, if it is meant that the abili- ty to pay the amount of any deposits which the government may make, under any exigency, is greater than that of the state banks; that the accountability of a ramified institution, whose affairs are managed by a single head, responsible for all its members, is more simple than that of a number of independent and unconnected establishments, I shall not de- ny; but, with regard to safety, I am strongly inclined to think it is on the side of the local banks. The corruption or misconduct of the parent, or any of its branches, may bank- rupt or destroy the whole system, and the loss of the gov- ernment in that event, will be of the deposits made with each; whereas, in the failure of one state bank the loss will be confined to the deposit in the vault of that bank. It is said to have been a part of Burr's plan to seize on the branch bank at New Orleans. At that period large sums, imported from La Vera Cruz, are alledged to have been deposited ■with it, and if the traitor had accomplished the design, the bank of the United States, if not actually bankrupt, might have been constrained to stop payment. Or^ THE BANK CHARTER. ST* It is urged by the gentleman from Massachusetts, (Mr. Lloyd,) that as this nation advances in commerce, wealth, and population, new energies will be unfolded, new wants and exigences will arise, and hence he infers that powers must be implied from the constitution. But, sir, the ques- tion is, shall we stretch the instrument to embrace cases not fairly within its scope, or shall we resort to that remedy, by amendment, which the constitution prescribes? Gentlemen contend that the construction which they give to the constitution has been acquiesced in by all parties and under all administrations; and they rely particularly on an act which passed in 1804, for extending a branch to New Orleans; and another act of 1807, for punishing those who should forge or utter forged paper of the bank. With re- gard to the first law, passed no doubt upon the recommen- dation of the treasury department, I would remark, that it was the extension of a branch to a territory over which con- C gress possesses the power of legislation almost uncontrolled, / and where, without any constitutional impediment, charters i of incorporation may be granted. As to the other act, it^ was passed no less for the benefit of the community than / the bank — to protect the ignorant and unwary from counter- feit paper, purporting to have been emitted by the bank. When gentlemen are claiming the advantage supposed to be deducible from acquiescence, let me inquire what they would have had those to do, who believed the establishment of a bank an encroachment upon state rights? Were they to have resisted, and how? By force? Upon the change of parties in 1800, it must be well recollected that the greatest calamities were predicted as a consequence of that event. In- tentions were ascribed to the new occupants of power, of violating the public faith, and prostrating national credit. Under such circumstances that they should act with great circumspection, was quite natural. They saw in full opera- tion a bank, chartered by a congress who had as much right to judge of their constitutional powers as their successors. Had they revoked the lavv^ which gave it existence, the in- stitution would, in all probability, continued to transact business notwithstanding. The judiciary would have been appealed to, and from the known opinions and predilections of the judges then composing it, they would have pronounc- ed the act oi incorporation, as in the nature of a contract, beyond the repealing power of any succeeding legislature. 28 ON THE BANK CHARTER, And, sir, what a scene of confusion would such a state of things have presented — an act of congress, which was law in the statute book, and a nullity on the judicial records! was it not the wisest to wait the natural dissolution of the corporation rather than accelerate that event by a repealing law involving so many delicate considerations? When gentlemen attempt to carry this measure upon the ground of acquiescence or precedent, do they forget that we are not in Westminster Hall? In courts of justice, the utility of uniform decision exacts of the judge a conformi- ty to the adjudication of his predecessor. In the interpre- tation and administration of the law this practice is wise and proper, and without it, every thing depending upon the caprice of the judge, we should have no security for our dearest rights. It is far otherwise when applied to the source of legislation. Here no rule exists but the constitu- tion, and to legislate upon the ground merely that our pre- decessors thought themselves authorized, under similar cir- cumstances to legislate, is to sanctify error and perpetuate ilsurpation. But if we are to be subjected to the trammels of precedent, I claim on the other hand, the benefit of the restrictions under which the intelligent judge cautiously re- ceives them. It is an established rule that to give to a pre- vious adjudication any effect, the mind of the judge who pronounced it must have been awakened to the subject, and it must have been a deliberate opinion formed after full ar- gument. In technical language, it must not have been sub silentio. Now the acts of 1804 and 1807, relied upon as pledges for the rechartering this company, passed not only without any discussions whatever of the constitutional pow- er of congress to establish a bank, but, I venture to say, without a single member having had his attention drawn to this question. I had the honor of a seat in the senate when the latter law passed, probably voted for it, and I declare with the utmost sincerity that I never once thought of that point, and I appeal confidently to every honorable member who was then present, to say if that was not his situation. This doctrine of precedents, applied to the legislature, appears to me to be fraught with the most mischievous con- sequences. The great advantage of our system of govern- ment over all others, is, that we have a zvritten constitution defining its limits, and prescribing its authorities; and that, liOwever, for a time, faction may convulse the nation, and ON THE BANK CHARTER. . 29 passion and party prejudice sway its functionaries, the sea- son of reflection will recur, when calmly retracing their deeds, all aberrations from fundamental principle will be cor- rected. But once substitute practice for principle — the ex- position of the constitution for the text of the constitution, and in vain shall we look for the instrument in the instru- ment itself! It will be as diffused and intangible as the pre- tended constitution of England: — and must be sought for in the statute book, in the fugitive journals of congress, and in reports of the secretary of the treasury! What would be our condition if we were to take the interpretations given to that sacred book, which is, or ought to be, the criterion of our faith, for the book itself? We should find the Holy Bi- ble buried beneath the interpretations, glosses, and com- ments of councils, synods, and learned divines, which have produced swarms of intolerant and furious sects, partaking less of the mildness and meekness of their origin, than of a vindictive spirit of hostility towards each other! They ought to afford us a solemn warning to make that constitu- tion which we have sworn to support, our invariable guide. I conceive then, sir, that we were not empowered by the constitution, nor bound by any practice under it, to renew the charter of this bank, and I might here rest the argu- ment. But as there are strong objections to the renewal on the score of expediency, and as the distresses which will attend the dissolution of the bank, have been greatly exag- gerated, I will ask for your indulgence for a few moments longer. That some temporary inconvenience will arise, I shall not deny; but most groundlessly have the recent fail- ures in New York been attributed to the discontinuance of this bank. As well might you ascribe to that cause the failures of Amsterdam and Hamburg, of London and Liv- erpool. The embarrassments of commerce — the sequestra- tions in France — the Danish captures — in fine, the bellige- rent edicts are the obvious sources of these failures. Their immediate cause is the return of bills upon London, drawn upon the faith of unproductive or unprofitable shipments. Yes, sir, the protests of the notaries of London, not those of New York, have occasioned these bankruptcies. The power of a nation is said to consist in the sword and the purse. Perhaps at last all power is resolvable into that of the parse, for with it you may command almost every thing else. The specie circulation of the LTnited States is 30 ON THE BANK CHARTER, estimated by some calculators at ten millions of dollars, and if it be no more, one moiety is in the vaults of this bank. May not the time arrive when the concentration of such a vast portion of the circulating medium of the country in the hands of any corporation, will be dangerous to our lib- erties? By whom is this immense power wieldedf By a bo- dy, who, in derogation of the great principle of all our in- stitutions, responsibility to the people, is amenable only to a few stockholders, and they chiefly foreigners. Suppose an attempt to subvert this government — would not the traitor first aim by force or corruption to acquire the treasure of this company? Look at it in another aspect. Seven-tenths of its capital are in the hands of foreigners, and these for- eigners chiefly English subjects. We are possibly on the eve of a rupture with that nation. Should such an event occur, do you apprehend that the English premier would experience any difficulty in obtaining the entire control of this institution? Republics, above all other governments, ought most seriously to guard against foreign influence. All history proves that the internal dissentions excited by for- eign intrigue, have produced the downfall of almost every free government that has hitherto existed; and yet, gentle- men contend that we are benefited by the possession of this foreign capital! If we could have its use, without its attend- ing abuse, I should be gratified also. But it is in vain to expect the one without the other. Wealth is power, and, under whatsoever form it exists, its proprietor, whether he lives on this or the other side of the Atlantic, will have a proportionate influence. It is argued, that our possession of this English capital gives us a great influence over the British government. If this reasoning be sound, we had bet- ter revoke the interdiction as to aliens holding land, and in- vite foreigners to engross the whole property, real and per- sonal, of the country. We had better at once exchange the condition of independent proprietors for that of stewards. We should then be able to govern foreign nations, accord- ing to the reasoning of the gentlemen on the other side. But let us put aside this theory and appeal to the decisions of experience. Go to the other side of the Atlantic and see what has been achieved for us there by Englishmen hold- ing seven-tenths of the capital of this bank. Has it released from galfing and ignominious bondage one solitary Ameri- can seaman bleeding under British oppression? Did it pre- ON THE BANK CHARTER. 31 vent the unmanly attack upon the Chesapeake? Did it arrest the promulgation, or has it abrogated the orders in council "—those orders which have given birth to a new era in com- merce? In spite of all its boasted effect, are not the two na- tions brought to the very brink of war? Are we quite sure, that on this side of the water, it has had no effect favoura- ble to British interests. It has often been stated, and al- though I do not know that it is susceptible of strict proof, I believe it to be a fact^ that this bank exercised its influ- ence in support of Jay's treaty — and may it not have con- tributed to blunt the public sentiment, or paralise the efforts of this nation against British aggression. The duke of Northumberland is said to be the most con- siderable stockholder in the bank of the United States. A late lord chancellor of England, besides other noblemen, was a large stockholder. Suppose the prince of Essling, the duke of Cadore and other French dignitaries owned seven- eights of the capital of this bank, should we witness the same exertions (I allude not to any made in the senate^ to recharter it? So far from it, would not the danger of French influence be resounded throughout the nation? I shall therefore give my most hearty assent to th^ mo- tion for striking out the first section of the bill. , ^ 32 AUGMENTATION OF MILITARY FORCE. Speech on the bill for raising an additional Military Force, delivered in the House of Representatives^ in committee of the whole^ 3lst December, 1811. Mr. Clay (the speaker) said, that when the subject of this bill was before the house in the abstract form of a resolu- tion proposed by the committee of foreign relations, it was the pleasure of the House to discuss it whilst he was in the chair. He did not complain of this course of proceeding; for he did not at any time wish the house, from considerations personal to him, to depart from that mode of transacting the public business which they thought best. He merely adverted to the circumstance as an apology for the trouble he was about to give the committee. He was at all times disposed to take his share of responsibility, and under this impression he felt that he owed it to his constituents and to himself, be- fore the committee rose, to submit to their attention a few observations. He saw with regret a diversity of opinion amongst those who had the happiness generally to act together, in relation to the quantum of force proposed to be raised. For his part, he thought it was too great for peace, and he feared too small for war. He had been in favor of the number recom- mended by the Senate, and he would ask gentlemen, who had preferred 15,000, to take a candid and dispassionate view of the subject. It was admitted, on all hands, that it was a force to be raised for the purposes of war, and to be kept up and used only in the event of war. It was further conceded, that its principal destination would be the provin- ces of our enemy. By the bill which had been passed, to com- plete the peace establishment, we had authorized the collec- tion of a force of about 6000 men, exclusive of those now in service, which, with the 25,000 provided for bv this bill, will give an aggregate of new troops of 31,000 men. Expe- rience, in military affairs, has shown, that when any given number of men is authorized to be raised, you must, in counting upon the effective men which it will produce, de- duct one-fourth or one-third for desertion, sickness and other incidents to which raw troops are peculiarly exposed. AUGMENTATION OF MILITARY FORCE. 33 In measures relating to war, it is wisest, if you err at all, to err on the side of the largest force, and you will conse- quently put do wn your 3 1 ,000 men at not more than an effective force in the field of about 21,000. This with the 4,000 now in service, will amount to 25,000 effective men. The secre- tary of war has stated, in his report, that for the single pur- pose of manning your forts and garrisons on the sea-board 12,600 men are necessary. Although the whole of that number will not be taken from the 25,000, a portion of it, probably, will be. We are told that in Canada there are between 7 and 8000 regular troops. If it is invaded the whole of that force will be concentrated in Quebec, and would you attempt that almost impregnable fortress with less than double the force of the besieged. Gentlemen who calculate upon volunteers as a substitute for regulars, ought not to deceive themselves. No man appreciated higher than he did the spirit of the country. But, although volunteers were admirably adapted to the first operations of the war, to the making of a first impression, he doubted their fitness for a regular siege, or for the manning and garrisoning of forts. He understood it was a rule, in military affairs, never to leave in the rear a place of any strength undefended. Canada is invaded; the upper part falls, and you proceed to Quebec, It is true there would be no European army behind to be ap- prehended; but the people of the country might rise: and he warned gentlemen who imagined that the affections of the Canadians were with us against trusting too confidently on such a calculation, the basis of which was treason. He con- cluded, therefore, that a portion of the invading army would be distributed in the upper country, after its conquest, amongst the places susceptible of military strength and de- fence. The army, considerably reduced, sets itself down be- fore Quebec. Suppose it falls. Here again will be required a number of men to hold and defend it. And if the war be prosecuted still farther, and the lower country and Halifax be assailed, he conceived it obvious that the whole force of 25,000 men would not be too great. The difference between those who were for 15,000, and those who were for 25,000 men, appeared to him to resolve itself into the question merely of a short or protracted war — a war of vigor — or a war of languor and imbecility. If a competent force be raised in the first instance, the war on the continent will be speedily terminated. He was aware F 34 AUGMENTATION OF MILITARY FORCE. that it might still rage on the ocean. But where the nation could act with unquestionable success he was in favour of the display of an energy correspondent to the feelings and spirit of the country. Suppose one-third of the force he had mentioned (25,000 men,) could reduce the country, say in three years, and that the whole could accomplish the same object in one year; taking into view the greater hazard of the repulsion and defeat of the small force, and every other consideration, do not wisdom and true economy equally de- cide in favor of the larger force, and thus prevent failure in consequence of inadequate means? He begged gentlemen to recolU ct the immense extent of the United States; our vast maritime frontier, vulnerable in almost all its parts to pre- datory incursions, and he was persuaded they would see that a regular force of 25,000 men was not much too great during a period of war, if all designs of invading the provin- ces of the enemy were abandoned. Mr. C. proceeded next to examine the nature of the force contemplated by the bill. It was a regular army, enlisted for a limited time, raised for the sole purpose of war, and to be disbanded on the return of peace. Against this army all our republican jealousies and apprehensions are attempted to be excited. He was not the advocate of standing armies; but the standing armies which excite most his fears, are those which are kept up in time of peace. He confessed he did not perceive any real source of danger in a military force of 25,000 men in the United States, provided only for a state of war, even supposing it to be corrupted and its arms turn- ed by the ambition of its leaders against the freedom of the country. He saw abundant security against the success of any such treasonable attempt. The diffusion of political information amongst the great body of the people constituted a powerful safeguard. The American character has been much abusedby Europeans, whose tourists, whether on horse or foot, in verse and prose have united in depreciating it. It is true that we do not exhibit as many signal instances of scientific acquirement in this country as are furnished in the world; but he believed it undeniable that the great mass the people possessed more intelligence than any other people on the globe. Such a people consisting of upwards of seven millions, affording a physical power of about a mil- lion of men, capable of bearing arms, and ardently devoted to liberty, could not be subdued by an army of 25,000 men. AUGMENTATION OP MILITARY FORCE. 35 The wide extent of country over which we are spread was another security. In other countries, France and England for example, the fall of Paris or London is the fall ol the nation. Her e are no such dangerous aggregations of people. New York, and Philadelphia, and Boston, and every city on the Atlantic, might be subdued by an usurper, and he would have made but a small advance in the accomplishment of his purpose. He would add a still more improbable supposition, that the country east of the Allegany was to submit to the ambition of some daring chief, and, he insisted, that the lib- erty of the Union would be still unconquered. It would find successful support from the west. We are not only in the situation just described, but a great portion of the mili- tia — nearly the whole, he understood, ofthatot Massachusetts — have arms in their hands; and he trusted in God that that great object would be persevered in until every man in the nation could proudly shoulder the musket which was to de- fend his country and himself. A people having, besides the benefit of one general government, other local governments in full operation, capable of exerting and commanding great portions of the physical power, all of which must be pros- trated before our constitution is subverted. Such a people have nothing to fear from a petty contemptible force of 25, 000 regulars. Mr. C. proceeded more particularly to inquire into the ob- ject of the force. That object, he understood distinctly to be war, and war with Great Britain. It had been supposed by some gentlemen improper to discuss publicly so delicate a question. He did not feel the impropriety. It was a sub- ject in its nature incapable of concealment. Even in coun- tries where the powers of government were conducted by a single ruler, it was almost impossible for that ruler to conceal his intentions when he meditates war. The assembling of armies — the strengthening of posts — all the movements pre- paratory to war, and which it is impossible to disguise, un- folded the intentions of the sovereign. Does Russia or Francq intend war, the intention is almost invariably known be- fore the war is commenced. If congress were to pass a law, with closed doors, for raising an army for the purpose of war, its enlistment and organization, which could not be done in secret, would indicate the use to which it was to be applied; and we cannot suppose England would be so blind as not to see that she was aimed at. Nor could she, did 36 AUGMENTATION OF MILITARY FORCE- he apprehend, injure us more by thus knowing our purposes than if she were kept in ignorance of them. She may, indeed, anticipate us, and commence the war. But that is what she is in fact doing, and she can add but little to the injury which she is inflicting. If she choose to declare war in form, let her do so, the responsibility will be with her. What are we to gain by the war, has been emphatically asked In reply, he would ask, what are we not to lose by peace? Commerce, character, a nation's best treasure, honor! If pe- cuniary considerations alone are to govern, there is sufficient motive for the war. Our revenue is reduced by the opera- tion of the belligerent edicts to about six millions of dollars, according to the secretary of the treasury's report. The year preceding the embargo it was sixteen. Take away the orders in council, it will again mount up to sixteen mil- lions. By continuing therefore in peace, (if the mongrel state in which we are deserve that denomination,) we lose annu- ally in revenue alone, ten millions of dollars. Gentlemen will say, repeal the law of non-importation. He contended that if the United States were capable of that perfidy, the re- venue would not be restored to its former state, the orders in council continuing. Without an export trade, which those orders prevent, inevitable ruin would ensue, if we imported as freely as we did prior to the embargo. A nation that car- ries on an import trade without an export trade to support it must, in the end, be as certainly bankrupt, as the individual would be, who incurred an annual expenditure without an in- come. He had no disposition to magnify, or dwell upon the ca- talogue of injuries we had received from England. He could not, however, overlook the impressment of our seamen; an aggression upon which he never reflected without feel- ings of indignation, which would not allow him appropriate language to describe its enormity. Not content with seiz- ing upon all our property which falls within her rapacious grasp, the personal rights of our countrymen — rights which forever ought to be sacred, are trampled upon and violated. The orders in council were pretended to have been reluc- tantly adopted as a measure of retaliation. The French de- crees, their alleged basis, are revoked. England resorts to the expttdient of denying the fact of the revocation, and Sir William Scott, in the celebrated case of Fox and others, suspends judgment that proof may be adduced of it. At AUGMENTATION OF MILITARY FORCE. 37 the same moment when the British ministry, through that judge, is thus affecting to controvert that fact, and to place the release of our property upon its establishment, instruc- tions are prepared for Mr. Foster to meet at Washington the very revocation which they were contesting. And how does he meet it? By fulfilling the engagement solemnly made to rescind the orders? No, sir, but by demanding that we shall secure the introduction into the continent of British manu- factures? England is said to be fighting for the world, and shall we, it is asked, attempt to weaken her exertions? If indeed the aim of the French emperor be universal dominion (and he was willing to allow it to the argument) how much nobler a cause is presented to British valor! But how is her philanthropic purpose to be achieved? By a scrupulous observance of the rights of others; by respecting that code of public law which she professes to vindicate — and by abstaining from self-aggrandizement. Then would she command the sympa- thies of the world. What are we required to do by those who would engage our feelings and wishes in her behalf? To bear the actual cuffs of her arrogance, that we may escape a chi- merical French subjugation! We are invited — conjured to drink the portion of British poison actually presented to our lips, that we may avoid the imperial dose prepared by per- turbed imaginations. We are called upon to submit to de- basement, dishonor and disgrace — to bow the neck to roy- al insolence, as a course of preparation for manly resistance to gallic invasion! What nation, what individual was ever taught, in the schools of ignominious submission, these pa- triotic lessons of freedom and independence? Let those who contend for this humiliating doctrine read its refutation in the history of the very man against whose insatiable thirst ot dominion we are warned. The experience of desolated Spain, for the last fifteen years, is worth volumes. Did she find her repose and safety in subserviency to the will of that man? Had she boldly stood forth and repelled the first attempt to dictate to her councils, her monarch would not be now a miserable captive in Marseilles. Let us come home to our own history; it was not by submission that our fathers achieved our independence. The patriotic wisdom that placed you, Mr. Chairman, under that canopy, penetrated the designs of a corrupt ministry, and nobly fronted encroachment on its first appearance. It saw, beyond the petty taxes with 38 AUGMENTATION OF MILITARY FORCE, which it commenced, a long train of oppressive mea- sures terminating in the total annihilation of liberty, and contemptible as they were, it did not hesitate to resist them. Take the experience of the last four or five years, which he was sorry to say exhibited, in appearance at least, a different kind of spirit. He did not wish to view the past further than to guide us for the future. We were but yes- terday contending for the indirect trade — the right to export to Europe the coffee and sugar of the West Indies. To-day we are asserting our claim to the direct trade — the right to export our cotton, tobacco and other domestic produce to market. Yield this point, and to-morrow intercourse between New York and New Orleans — between the planters on James river and Richmond will be interdicted. For, sir, the ca- reer of encroachment is never arrested by submission. It will advance while there remains a single privilege on which it can operate. Gentlemen say that this government is unfit forany war, butawarof invasion. What,isit not equivalent to invasion if the mouths of our harbours and outlets are blocked up, and we are denied egress from our own waters? Or, when the burglar is at our door, shall we bravely sally forth and repel his felonious entrance, or meanly sculk within the cells of the castle. He contended that the real cause of British aggression, was not to distress an enemy, but to destroy a rival. A comparative view of our commerce with England and the continent, would satisfy anyone of the truth of this remark. Prior to the embargo, the balance of trade between this country and England was between eleven and fifteen millions of dollars in favour of England. Our consumption of her manufactures was annually increasing, and had risen to near- ly fifty millions of dollars. We exported to her what she most wanted, provisions and raw materials for her manufac- tures, and received in return what she was most desirous to sell. Our exports to France, Holland, Spain and Italy, ta- king an average of the years, 1802, 3, and 4, amounted to about Si 2,000,000 of domestic, and about 818,000,000 of foreign produce. Our imports from the same countries amounted to about §25,000,000. The foreign produce ex- ported consisted chiefly of luxuries from the West Indies. It is apparent that this trade, the balance of which was in favor not of France but of the United States, was not of very vital consequence to the enemy of England* Would she. AUGMENTATION OF MILITiiRY FORCE. 39 therefore, for the sole purpose of depriving her adversary of this commerce, relinquish her valuable trade with this country, exhibiting the essential balance in her favor — nay more, hazard the peace of the country? No, sir, you must look for an explanation of her conduct in the jealousies of a rival. She sickens at your prosperity, and beholds in your growth — your sails spread on every ocean, and your nume- rous seamen, the foundations of apowerwhich,at novery dis- tant day, is to make her tremble for her naval superiority. He had omitted before to notice the loss of our seamen, if we continued in our present situation. What would become of the 100,000 (for he understood there was about that num- ber) in the American service? Would they not leave us and seek employment abroad, perhaps in the very country that injures us? It is said that the effect of the war at home, will be a change of those who administer the government, who will be replaced by others that will make a disgraceful peace. He did not believe it. Not a man in the nation could really doubt the sincerity with which those in power have sought, by all honorable and pacific means, to protect the interests of the country. When the people saw exercised towards both belligerents the utmost impartiality, witnessed the same equal terms tendered to both; andbcheldthegovernmentsuccessive- ly embracing an accommodation with each in exactly the same spirit of amity, he was fully persuaded, now that war was the only alternative left to us by the injustice of one of the powers, that the support and confidence of the people would remain undiminished. He was one, however, who was prepared (and he would not believe that he was more so than any other member of the committee) to march on in the road of his duty at all hazards. What! shall it be said that our amor patriae is located at these desks — that we pusillanimously cling to our seats here, rather than boldly vin- dicate the most inestimable rights of the country? Whilst the heroic Daviess and his gallant associates, exposed to all the dangers of treacherous savage warfare, are sacrificing themselves for the good of their country, shall we shrink from our duty? He concluded, by hoping that his remarks had tended to prove that the quantum of the force required was not too great — that in its nature it was free from the objections urged against it, and that the object of its application was one imperiously called for by the present peculiar crisis. 40 INCREASE OF THE NAVY. Speech on the Navy Bill, delivered in the House of /Represen- tatives, January 22, 1812. Mr. Clay (the speaker,) rose to present his views on the bill before the committee. He said as he did not precisely agree in opinion with any gentleman who had spoken, he should take the liberty of detaining the committee a few moments, while he offered to their attention some observa- tions. He was highly gratified with the temper and ability with which the discussion had hitherto been conducted. It was honourable to the house, and, he trusted, would conti- nue to be manifested on many future occasions. On this interesting topic a diversity of opinion has exist- ed almost ever since the adoption of the present govern- ment. On the one hand, there appeared to him to have been attempts made to precipitate the nation into all the evils of naval extravagance, which had been productive of so much mischief in other countries; and, on the other, strongly feel- ing this mischief, there has existed an unreasonable preju- dice against providing such a competent naval protection for our commercial and maritime rights as is demanded by their importance, and as the increased resources of the coun- try amply justify. The attention of congress has been invited to this subject by the president, in his message delivered at the opening of the session. Indeed, had it been wholly neglected by the chief magistrate, from the critical situation of the country, and the nature of the rights proposed to be vindicated, it must have pressed itself upon our attention. But, said Mr. Clay, the president in his message observes: " Your atten- tion will, of course, be drawn to such provisions on the sub- ject of our naval force as may be required for the service to which it is best adapted. 1 submit to congress the sea- sonableness also of an authority to augment the stock of such materials as are imperishable in their nature or may not at once be attainable?" The president, by this recom- mendation, clearly intimates an opinion that the naval force of this country is capable of producing effect; and the pro- ON THE INCREASE OF THE NAVY. 41 pTiety of laying up imperishable materials, was no doubt suggested lor the purpose of making additions to the navy, as convenience and exigences might direct. It appeared to Mr. C. a little extraordinary that so much, as it seemed to him, unreasonable jealousy should exist against the naval establishment. If, said he, we look back to the period of the formation of the constitution, it will be found that no such jealousy was then excited. In placing the physical force of the nation at the disposal of congress, the convention manifested much greater apprehension of abuse in the power given to ^ aise armies, than in that to pro- vide a navy. In reference to the navy, congress is put under no restrictions; but with respect to the army — that description of force which has been so often employed to subvert the liberties of mankind— they are subjected to lim- itations designed to prevent the abuse of this dangerous power. But it was not his intention to detain the committee by a discussion on the comparative utility and safety of these two kinds of force. He would, however, be in- dulged in saying, that he thought gentlemen had wholly failed in maintaining the position they had assumed, that the fall of maritime powers was attributable to their navies. They have told you, indeed, that Carthage, Genoa, Venice, and other nations had navies, and notwithstanding were finally destroyed. But have they shown by a train of argument, that their overthrow was, in any degree, attribu- table to their maritime greatness? Have they attempted even to show that there exists in the nature of this power a ne- cessary tendency to destroy the nation using it? Assertion is substituted for argument; inferences not authorized by historical facts are arbitrarily drawn; things wholly uncon- nected with each other are associated together — a very logi- cal mode of reasoning, it must be admitted! In the same way he could demonstrate how idle and absurd our attach- ments are to freedom itself He might say for example, that Greece and Rome had forms of free government, and that they no longer exist; and, deducing their fall from their de- votion to liberty, the conclusion, in favor of despotism, would very satisfactorily follow! He demanded what there is in the nature and construction of maritime power to excite the fears that have been indulged? Do gentlemen really ap- prehend that a body of seamen will abandon their proper element, and, placing themselves under an aspiring chiefs G 42 ON THE rNCREASE OF THE NAVY. will erect a throne to his ambition? Will they deign to listen to the voice of history, and learn how chimerical are their apprehensions? But the source of alarm is in ourselves. Gentlemen fear that if we provide a marine it will produce collisions with foreign nations — plunge us into war, and ultimately over- turn the constitution of the country. Sir, if you wish to avoid foreign collision you had better abandon the ocean — surrender all your commerce; give up all your prosperity. It is the thing protected, not the instrument of protection, that involves you in war. Commerce engenders collision, colli- sion war, and war, the argument supposes, leads to despo- tism. Would the councils of that statesman be deemed wise who would recommend that the nation should be unarmed — that the art of war, the martial spirit, and martial exercises, should be prohibited — who should declare in the language of Oihelio that the nation must bid farewell to the neighing steed, and the shrill trump, the spirit stirring drum, the ear piercing fife, and all the pride, pomp and circumstance of glorious war — and that the great body of the people should be taught that national happiness was to be found in perpetual peace alone? No, Sir. And yet every argument in favor of a power of protection on land applies, in some degree, to a power of protection on the sea. Undoubtedly a commerce void of naval protection is more exposed to rapacity than a guarded commerce; and if we wish to invite the continuance of the old or the enactment o; new edicts, let us refrain from all exertion upon that element where we must operate, and where, in the end, they must be resisted. For his part (Mr. C. said) he did not allow himself to be alarmed by those apprehensions of maritime power which appeared to agitate other gentlemen. In the nature of our government he beheld abundant security against abuse. He would be unwilling to tax the land to support the rights of the sea, and was for drawing from the sea itself the resources with which its violated freedom should at all times be vin- dicated. Whilst this principle is adhered to there will be no danger of running into the folly and extravagance which so much alarms gentlemen; and whenever it is abandoned — • whenever congress shall lay burthensome taxes to augment the navy beyond what may be authorized by the increased wealth, and demanded by the exigences of the country, the people will interpose, and removing their unworthy repre- ON THE INCREASE OF THE NAVY. 43 sentatives, apply the appropriate corrective. Mr. C. then could not see any just ground of dread in the nature of na- val power. It was on the contrary free from the evils attend- ant upon standing armies. And the genius of our institutions, — the great representative principle, in the practical enjoy- ment of which we are so eminently distinguished, afforded the best guarantee against the ambition and wasteful extra- vagance of government. — What maritime strength is it ex- pedient to provide for the United States? In considering this subject three different degrees of naval power present them- selves. In the first place, such a force as would be capable of contending with that which any other nation is able to bring on the ocean — a force that, boldly scouring every sea, would challenge to combat the fleets of other powers how- ever great. He admitted it was impossible at this time, per- haps it never would be desirable, for this country to establish so extensive a navy. Indeed he should consider it as mad- ness in the extreme in this government to attempt to provide a navy able to cope with the fleets of Great Britain, wherev- er they might be met. The next species of naval power, to which he would ad- vert, is that which, without adventuring into distant seas, and keeping generally in our own harbours, and on our coasts, would be competent to beat off any squadron which might be attempted to be permanently stationed in our wa- ters. His friends from South Carolina, (^Messers Cheves and Lowndes) had satisfactorily shown that to effect this object, a force equivalent only to one-third ol that which the main- tenance of such a squadron must require, would be sufficient ' — that if, for example, England should determine to station permanently upon our coast a squadron of twelve ships of the line, it would require for this service thirty-six ships of the line, one-third in port repairing, one-third on the passage, and one third on the station. But that is a force which it has been shown that even England, with her boasted navy, could not spare for the American service, whilst she is en- gaged in the presentcontest. Mr. C. said, that he was desirous of seeing such a force as he had described, that is iwelv e ships of the line and fifteen or twenty frigates provided forthe Unit- ed States; but he admitted that it was unattainable in the pre- sent situation of the finances of the country. He contended, however, that it was such as congress ought to set about providing, and he hoped in less than ten years to see it ac- 44. ON THE INCREASE OF THE NAVY. tually established. He was far from surveying the vast mar- itime power of Great Britain with the desponding eye with which other gentlemen beheld it. He could not allow himself to be discouraged at a prospect of even her thousand ships. This country only required resolution and a proper exer- tion of its immense resources to command respect, and to vindicate every essential right. When we consider our re- moteness from Europe, the expense, difficulty, and perils to which any squadron would be exposed while stationed off our coasts, he entertained no doubt that the force to which he referred would ensure the command of our own seas. Such a force would avail itself of our extensive sea board and numerous harbours, every where affording asylums, to which it could safely retire from a superior fleet, or from which it could issue for the purpose of annoyance. To the opinion of his colleague (Mr. M'Kee) who appeared to think that it was in vain for us to make any struggle on the ocean, he would oppose the sentiments of his distinguished connexion, the heroic Daviess, who fell in the batde of Tippecanoe. [ Here Mr. C. read certain parts of a work written by Col. Daviess, in which the author attempts to show, that as the aggressions upon our commerce were not committed by fleets, but by single vessels, they could in the same manner be best retaliated: that the force of about twenty or thirty frigates would be capable of inflicting great injury on English com- merce by picking up stragglers, cutting off" convoys, and seiz- ing upon every moment of supineness; and that such a force, with our seaports and harbours well fortified, and aided by privateers, would be really formidable, and would annoy the British navy and commerce, just as the French army was assailed in Egypt, the Persian army in Scythia, and the Ro- man army in Parthia.3 The third description of force, worthy of consideration, is that which would be able to prevent any single vessel, of whatever metal, from endangering our whole coasting trade, blocking up our harbours, and laying under contribution our cities — a force competent to punish the insolence of the commander of any single ship, and to preserve in our own jurisdiction the inviolability of our peace and our laws. A force of this kind is entirely within the compass of our means, at this time. Is there a reflecting man in the nation who would not charge congress with a culpable neglect of its duty, if, for the want of such a force, a single ship were ON THE INCREASE OF THE NAVY. 45 to bombard one of our cities! Would not every honourable member of the committee inflict on himself the bitterest re- proaches, if,gby failing to make an inconsiderable addition to our little gallant navy, a single British vessel should place New York under contribution! Yes, Sir, when the city is in flames, its wretched inhabitants begin to repent of their ne- glect, in not providing engines and water buckets. If, said Mr. C. we are not able to meet the wolves of the forest, shall we put up with the barking impudence of every petty cur that trips across our way? Because we cannot guard against every possible danger shall we provide against none? He hoped not. He had hardly expected that the instruct- ing, but humiliating lesson was so soon to be forgotten which was taught us in the murder of Pierce — the attack on the Chesapeake — and the insult offered in the very harbour of Charleston, which the brave old fellow who commanded the fort in vain endeavored to chastise. It was a rule with Mr. C. when acting either in a public or private character, to attempt nothing more than what there existed a prospect of accomplishing. He was therefore not in favor of entering into any mad projects on this subject; but for deliberately and resolutely pursuing what he believed to be within the power of government. Gentlemen refer to the period of 1798, and we are reminded of the principles maintained by the opposition at that time. He had no doubt of the cor- rectness of that opposition. The naval schemes of that day were premature, not warranted by the resources of the country, and were contemplated for an unnecessary war into which the nation was about to be plunged. He always ad- mired and approved the zeal and ability with which that opposition was conducted by the distinguished gentleman now at the head of the treasury. But the state of things is totally altered. What was folly in 1798 may be wisdom now. At that time we had a revenue only of about six millions. Our revenue now upon a supposition that commerce is re- stored, is about sixteen millions. The population of the country too is greatly increased, nearly doubled, and the wealth of the nation is perhaps tripled. Whilst our ability to construct a navy is thus enhanced, the necessary maritime protection is proportionably augniented. Independent of the extension of our commerce, since the year 1798, we have had an addition of more than five hundred miles to our coast, from the bay of Perdido to the mouth of the Sabine — 46 ON THE INCREASE OF THE NAVY. a weak and defenceless accession, requiring more than any other part of our maritime frontier, the protecting arm of government. The groundless imputation, that those who were friendly to a navy were espousing a principle inimical to freedom, should not terrify him. He was not ashamed when in such company as the illustrious author of the notes on Virginia, whose opinion on the subject of a navy, contained in that work, contributed to the formation of his own. But the prin- ciple of a navv, Mr. C. contended, was no longer open to controversy. It was decided when Mr. Jefferson came into power. With all the prejudices against a navy which are al- leged by some to have been then brought into the adminis- tration — with many honest prejudices he admitted — the rash attempt was not made to destroy the establishment. It was reduced to only what was supposed to be within the financial capacity of the country. If, ten years ago, when all those prejudices were to be combatted, even in time of peace, it was deemed proper, by the then administration to retain in service ten frigates, he put it to the candor of gen- tlemen to say, if now, when we are on the eve of a war, and taking into view the actual growth of the country, and the acquisition of our coast on the Gulf of Mexico, we ought not to add to the establishment. Mr. C. said he had hitherto alluded more particularly to the exposed situation of certain parts of the Atlantic fron- tier Whilst he felt the deepest solicitude for the safety of New York and other cities on the coast, he would be par- doned by the committee for referring to the interests of that section ot the union from which he came. If, said he, there be a point more than any other in the United States, demand- ing the aid of naval protection, that point is the mouth of the Mississippi. What is the population of the western country, dependent on this single outlet for its surplus productions? Kentucky, according to the last enumeration, has 406,511, Tennessee 261,727, and Ohio 230,760 And when the popu- lation of the western parts of Virginia and Pennsylvania and the territories which are drainea by the Mississippi or its waters, is added, it will form an aggregate equal to aljout one-fifth of ihe whole population of the United States, resting all their commeniai hopes upon this solitary vent! The bulky articlts of which their surplus productions consist can be transported no other way. They will not bear the ex- ON THE INCREASE OF THE NAVY. 47 pense of a carnage up the Ohio and Tennessee and across the mountains, and the circuitous voyage of the lakes is out of the question. Whilst most other states have the option of numerous outlets, so that if one he closed resort can be had to others, this vast population has no alternative. Close the mouth of the Mississippi and their export trade is ani- hilated. He called the attention of his western friends, es- pecially his worthy Kentucky friends (from whom he felt himself with regret constrained to differ on this occasion) to the state of the public feeling in that quarter, whilst the navigation of the Mississippi was withheld by Spain; and to the still more recent period when the right of depot was violated. The whole country was in commotion, and at the nod of government would have fallen on Baton Rouge and New Orleans and punished the treachery of a perfidious government. Abandon all idea of protecting, by maritime force, the mouth of the Mississippi and we shall have the recurrence of many similar scenes. We shall hold the inesti- mable right of the navigation of that river b) the most pre- carious tenure. The whole commerce of the Mississippi — a commerce that is destined to be the richest that was ever borne by a single stream — is placed at the mercy of a single ship lying off the Balize! Again: the convulsions of the new world, still more perhaps than those of Europe, chal- lenge our attention. Whether the ancient dynasty of Spain is still to be upheld or subverted, is extremely uncertain, if the bonds connecting the parent country with her colonies are not forever broken. What is to become of Cuba? Will it assert independence or remain the province of some Eu- ropean power? In either case the whole trade of the western country, which must pass almost within gun-shot of the Moro Castle, is exposed to danger. It was not however of Cuba he was afraid. He wished her independent. But sup- pose England gets possession of that valuable island. With Cuba on the south and Halifax on the north — and the con- sequent means of favouring or annoying commerce of par- ticular sections of the country — he asked if the most sanguine amongst us would not tremble for the integrity of the union? If along with Cuba, Great Britain should acquire East Flori- da, she will have the absolute command of the Gulf of Mexi- co. Can gentlemen, particularly gentlemen from the western country, contemplate such possible, nay probable, events, without desiring to see at least the commencement of such 48 ON THE INCREASE OF THE NAVY a naval establishment as would effectually protect the Mis- sissippi? He intreated them to turn their attention to the defenceless situation of the Orleans Territory, and to the nature of its population. It is known that whilst under the Spanish government they experienced the benefit of naval security. Satisfy them that under the government of the United States, they will enjoy less protection, and you dis- close the most fatal secret. The general government receives annually for the public lands, about ^600,000. One of the sources whence the wes- tern people raise this sum, is the exportation of the surplus productions of that country. Shut up the Mississippi, and this source is in a great measure dried up. But suppose this government to look upon the occlusion of the Mississippi without making an effort on that element, where alone it could be made successfully, to remove the blockading force, and at the same time to be vigorously pressing payment for the public lands; he shuddered at the consequences. Deep rooted as he knew the affections of the western people to be to the Union, (and he would not admit their patriotism to be surpassed by any other quarter of the country) if such a state of things were to last any considerable time, he should seriously apprehend a withdrawal of their confidence. Nor, sir, could we derive any apology for the failure to af- ford this protection from the want ot the materials for na- val architecture. On the contrary all the articles entering into the construction of a navy, iron, hemp, timber, pitch, abound in the greatest quantities on the waters of the Mis- sissippi. Kentucky alone, he had no doubt, raised hemp enough the last year for the whole consumption of the Uni- ted States. If, as he conceived, gentlemen had been unsuccessful in showing that the downfall of maritime nations was ascriba- ble to their navies, they have been more fortunate in show- ing by the instances to which they had referred, that with- out a marine no foreign commerce could exist to any extent. It is the appropriate — the natural (if the term may be allow- ed) connexion of foreign commerce. The shepherd and his faithful dog are not more necessary to guard the flocks that browze and gambol on the neighbouring mountain. He con- sidered the prosperity of foreign commerce indissolubly allied to marine power. Neglect to provide the one and you must abandon the other. Suppose the expected war with ON THE INCREASE OF THE NAVY. 49 England is commenced, you enter and subjugate Canada, and she still refuses to do you justice — what other possible mode will remain to operate on the enemy but upon that element where alone you can then come in contact with him? And if you do not prepare to protect there your own com- merce and to assail his, will he not sweep from the ocean every vessel bearing your flag, and destroy even the coast- ing trade? But from the arguments of gentlemen it would seem to be questioned if foreign commerce is worth the kind of protection insisted upon. What is this foreign commerce that has suddenly become so inconsiderable? It has, with very trifling aid from other sources, defrayed the expenses of government ever since the adoption of the present con- stitution — maintained an expensive and successful war with the Indians — a war with the Barbary powers — a quasi war with France — sustained the charges of suppressing two in- surrections, and extinguishing upwards of forty-six millions of the public debt. In revenue it has, since the year 1789, yielded one hundred and ninety-one millions of dollars. Dur- ing the first four years after the commencement of the pre- sent government the revenue averaged only about two mil- lions annually — during a subsequent period of four years it rose to an average of fifteen millions annually, or became equi- valent to a capital of two hundred and fifty millions of dol- lars, at an interest of six per centum per annum. And if our commerce is re-established it will, in the course of time, nett a sum for which we are scarcely furnished with figures in arithmetic. Taking the average of the last nine years fcomprehending of course the season of the embargo) our exports average upwards of thirty-seven millions of dollars, which is equivalent to a capital of more than six hundred millions of dollars at six per centum interest, all of which must be lost in the event of a destruction of foreign commerce. In the abandonment of that commerce is also involved the sa- crifice of our brave tars, who have engaged in the pursuit from which they derive subsistence and support, under the confidence that government would afford them that just pro- tection which is due to all. They will be driven into foreign employment, for it is vain to expect that they will renounce their habits of life. The spirit of commercial enterprize so strongly depicted by the gentleman from New York (Mr. Mitch.el,) is diffus- ed throughout the country. It is a passion as unconquerable H so ON THE INCREASE OF THE NAVY. as any with which nature has endowed us. You may at- tenrjpt indeed to regulate but you cannot destroy it. It ex- hibits itself as wt-U on the waters of the western country as on the waters and shores of the Atlantic. Mr. C. had heard of a vessel built at Pittsburg having crossed the At- lantic and entered an European port (he believed that of Leghorn.) The master of the vessel laid his papers before the proper custom officer, which, of course, stated the place of her departure. The officer boldly denied the existence of any such American port as Pittsburg, and threatened a sei- zure of the vessel as being furnished with forged papers. The affrighted master procured a map of the United States, and, pointing out the gulf of Mexico, took the officer to the mouth of the Mississippi — traced the course of the Missis- sippi more than a thousand miles to the mouth of the Ohio; and conducting him still a thousand miles higher, to the junction of the Alleghany and Monongahela — there, he ex- claimed, stands Pittsburg, the port from which I sailed! The custom house officer, prior to the production of this ev- idence, would have as soon believed that the vessel had performed a voyage from the moon. In delivering the sentiments he had expressed, Mr. C. considered himself as conforming to a sacred constitutional duty. When the power to provide a navy was confided to congress, it must have been the intention of the convention to submit only to the discretion of that body the period when that power should be exercised. That period had, in his opinion, arrived, at least for making a respectable be- ginning. And whilst he thus discharged what he conceived to be his duty, he derived great pleasure from the reflection that he was supporting a measure calculated to impart ad- ditional strength to our happy Union. Diversified as are the interests of its various parts, how admirably do they har- monise and blend together! We have only to make a proper use of the bounties spread before us, to render us prosper- ous and powerful. Such a navy as he had contended for, will form a new bond of connexion between the states, con- centrating their hopes, their interests and their affections. 51 ON THE NEW ARMY BILL. Speech on the New Army Bill^ delivered in the House of Representatives y January, 1813. Mr. Clay (the speaker,) said he was gratified yesterday by the recommitment of this bill to a committee of the whole house, from two considerations; one, since it afforded him a slight relaxation from a most fatiguing situation; and the other, because it furnished him with an opportunity of presenting to the committee, his sentiments upon the im- portant topics which had been mingled in the debate. He regretied, however, that the necessity under which the chairman had been placed of putting the question,* pre- cluded the opportunity he had wished to enjoy, of render- ing more acceptable to the committee any thing he might have to offer on the interesting points, on which it was his duty to touch. Unprepared, however, as he was to speak on this day, of which he was the more sensible, from the ill state of his health, he would solicit the attention of the committee for a few moments. I was a little astonished, I confess, said Mr. C. when I found this bill permitted to pass silently through the com- mittee of the whole, and, not selected, until the moment when the question was about to be put for its third reading, as the subject on which gentlemen in the opposition chose to lay before the House their views of the interesting atti- tude in which the nation stands. It did appear to me, that the Loan bill, which will soon come before us, would have afforded a much more proper occasion, it being more essen- tial, as providing the ways and means for the prosecution of the war. But the gentlemen had the right of selection, and having exercised it, no matter how improperly, 1 am gratified, whatever I may think of the character of some part of the debate, at the latitude in which for once, they have been indulged. I claim only, in return, of gentlemen * The chairman had risen to put the question, which would have cut Mr. C. off from the opportunity of speaking', by carrying the bill to the House. — Editor. 52 ON THE NEW ARMY BILL. on the other side of the House, and of the committee, a like indulgence in expressing my sentiments, with the same un- restrained freedom. Perhaps in the course of the remarks which I may feel myself called upon to make, gentlemen may apprehend that they assume too harsh an aspect: but I have only now to say, that I shall speak of parties, measures, and things, as they strike my moral sense, protesting against the imputation of any intention, on my part, to wound the feelings of any gentlemen. Considering the situation in which this country is now placed, — a state of actual war, with one of the most powerful nations on the earth, — it may not be useless to take a view of the past, and of the various parties which have at differ- ent times appeared in this country, and to attend to the manner by which we have been driven from a peaceful pos- ture, to our present warlike attitude. Such an inquiry, may assist in guiding us to that result, an honourable peace, which must be the sincere desire of every friend to America. The course of that opposition, by which the administration of the government had been unremittingly impeded for the last twelve years, v;as singular, and, I believe, unexampled in the history of any country. It has been alike the duty and the interest of the administration to preserve peace. It was their duty, because it is necessary to the growth of an infant people, to their genius, and to their habits. It was their interest, because a change of the condition of the na- tion, brings along with it a danger of the loss of the affections of the people. The administration has not been forgetful of these solemn obligations. No art has been left unas- saycd; no experiment, promising a favourable result, left untried, to maintain the peaceful relations of the country. When, some six or seven years ago, the affairs of the nation assumed a threatening aspect, a partial non-importation was adopted. As they grew more alarming, an embargo was imposed. It would have accomplished its purpose, but it was sacrificed upon the altar of conciliation. — Vain and fruitless attempt to propitiate! Then came along non-inter- course; and a general non-importation followed in the train. In the mean time, any indications of a return to the public law and the path of justice, on the part of either belligerent, are seized upon with avidity by the administration, — the arrangement with Mr. Erskine is concluded. It is first applauded, and then censured by the opposition. No matter ON THE NEW ARMY BILL. 53 with what unfeigned sincerity, with what real effort ad- ministration cultivates peace, the opposition insist that it alone is culpable for every breach that is made between the two countries. Because the President thought proper, in accepting the proffered reparation for the attack on a na- tional vessel, to intimate that it would have better comported with the justice of the king, (and who does not think so?) to punish the offending officer, the opposition, entering into the royal feelings, sees in that imaginary insult, abundant cause for rejecting Mr. Erskine's arrangement. On an- other occasion, you cannot have forgotten the hypocritical ingenuity which they displayed, to devest Mr. Jackson's correspondence of a premeditated insult to this country. If gentlemen would only reserve for their own government, half the sensibility which is indulged for that of Great Bri- tain, they would find much less to condemn. Restriction after restriction has been tried, — negociation has been re- sorted to, until further negociation would have been dis- graceful. Whilst these peaceful experiments are undergo- ing a trial, what is the conduct of the opposition? They are the champions of war, — the proud, — the spirited, — the sole repository of the nation's honour, — the men of exclusive vigor and energy. The administration, on the contrary, is weak, feeble, and pusillanimous, — " incapable of being kick- ed into a war." The maxim, " not a cent for tribute, mil- lions for defence," is loudly proclaimed. Is the adminis- tration for negociation? The opposition is tired, sick, dis- gusted with negociation. They want to draw the sword and avenge the nation's wrongs. When, however, foreign nations, perhaps, emboldened by the very opposition here made, refuse to listen to the amicable appeals, which have been repeated and reiterated by the administration, to their justice and to their interests, — when, in fact, war with one of them has become identified with our independence and our sovereignty, and to abstain from it was no longer pos- sible, behold the opposition veering round and becoming the friends of peace and commerce. They tell you of the calamities of war, — its tragical events, — the squandering away of your resources,-— the waste of the public treasure, and the spilling of innocent blood. " Gorgons, hydras and chimeras dire." They tell you that honour is an illusion! Now we see them exhibiting the terrific forms of the roar- ing king of the forest. Now the meekness and humility of 54 ON THE NEW ARMY BILL. the lamb! They are for war and no restrictions, when the adnriinistration is for peace, 'I'hey are for peace and re- strictions, when the administration is for war. You find them, sir, tacking with every gale, displaying the colours of every party, and of all nations, steady only in one un- alterable purpose, to steer, if possible, into the haven of power. During all this time, the parasites of opposition do not fail by cunning sarcasm or sly inuendo to throw out the idea of French influence, which is known to be false, which ought to be met in one manner only, and that is by the lie direct. The administration of this country devoted to foreign influence! The administration of this country subservient to France! Great God! what a charge! how is it so influ- enced? By what ligament, on what basis, on what possible foundation does it rest? Is it similarity of language? No! we speak different tongues, we speak the English language. On the resemblance of our laws? No! the sources of our jurisprudence spring from another and a diff"crent country. On commercial intercourse? No! we have comparatively none with France. Is it from the correspondence in the genius of the two governments? No! here alone is the liber- ty of man secure from the inexorable despotism, which every where else tramples it under foot. Where then is the ground of such an influence? But, sir, I am insulting you by arguing on such a subject. Yet, preposterous and ridiculous as the insinuation is, it is propagated with so much industry, that there are persons found foolish and credulous enough to believe it. You will, no doubt, think it incredible (but I have nevertheless been told it as a fact,) that an honourable member of this house, unw in my eye, recently lost his election by the circulation of a silly story in his district, that he was the first cousin of the emperor Napoleon. The proof of the charge rested on the statement of facts, which was undoubtedly true. The gentleman in question, it was alleged, had married a connexion of the lady of the President of the United States, who was the intimate friend of Thomas JeflJerson, late President of the United States, who some years ago, was in the habit of wearing red French breeches. Now, taking these premises as established, you, Mr. Chairman, are too good a logician 5iot to see that the conclusion necessarily follows! Throughout the period he had been speaking of, the op- ON THE NEW ARMY BILL. SS position has been distinguished, amidst all its veerings and changes by another inflexible feature, — the application to Bonaparte of every vile and opprobrious epithet our lan- guage, copious as it is in terms of vituperation, affords. He has been compared to every hideous monster, and beast, from that mentioned in the revelations, down to the most insignificant quadruped. He has been called the scourge of mankind, the destroyer of Europe, the great robber, the infidel, the modern Attila, and heaven knows by what other names. Really, gentlemen remind me of an obscure lady, in a city not very far off, who also took it into her head, in conversation with an accomplished French gentleman, to talk of the affairs of Europe. She too spoke of the destruc- tion of the balance of power, stormed and raged about the insatiable ambition of the emperor; called him the curse of mankind, the destroyer of Europe. The Frenchman listen- ed to her with perfect patience, and when she had ceased, said to her, with ineffable politeness; " Madam, it would give my master, the emperor, infinite pain, if he knew how hardly you thought of him." Sir, gentlemen appear to me to forget that they stand on American soil; that they are not in the British house of commons, but in the chamber of the house of representatives of the United States; that we have nothing to do with the affairs of Europe, the par- tition of territory and sovereignty there, except so far as these things affect the interests of our own country. Gen- tlemen transform themselves into the Burkes, Chathams, and Pitts of another country, and forgetting from honest zeal the interests of America, engage with European sen- sibility in the discussion of European interests. If gentle- men ask me whether I do not view with regret and horror the concentration of such vast power in the hands of Bonaparte? I reply that I do. I regret to see the emperor of China holding such immense sway over the fortunes of millions of our species. I regret to see Great Britain possessing so uncontrolled a command over all the waters of our globe. If I had the ability to distribute among the nations of Eu- rope their several portions of power and of sovereignty, I would say that Holland should be resuscitated, and given the weight she enjoyed in the days of her De Witts. I would confine France within her natural boundaries, the Alps, Pyrenees, and the Rhine, and make her a secondary naval power only. I would abridge the British maritime 56 ON THE NEW ARMY BILL. power, raise Prussia and Austria to their original condition j and preserve the integrity of the empire of Russia. But these are speculations. I look at the political transactions of Europe, with the single exception of their possible bear- ing upon us, as I do at the history of other countries, or other times. I do not survey them with half the interest that I do the movements in South America. Our political relation with them is much less important than it is supposed to be. I have no fears of French or English subjugation. If we are united we are too powerful for the mightiest nation in Europe, or all Europe combined. If we are separated and torn assunder, we shall become an easy prey to the weakest of them. In the latter dreadful contingency, our country will not be worth preserving. Next to the notice which the opposition has found itself called upon to bestow upon the French emperor, a distin- guished citizen of Virginia, formerly President of the Uni- ted States, has never for a moment failed to receive their kindest and most respectful attention. An honourable gen- tleman from Massachusetts, (Mr, Quincy,) of whom 1 am sorry to say, it becomes necessary for me, in the course of my remarks, to take some notice, has alluded to him in a re- markable manner. Neither his retirement from public office, his eminent services, nor his advanced age, can exempt this patriot from the coarse assaults of party malevolence. No, sir, in 1801, he snatched from the rude hand of usurpation the violated constitution of his country, and that is his crime. He preserved that instrument in form, and substance, and spirit, a precious inheritance for generations to come, and for this he can never be forgiven. How vain and impotent is party rage directed against such a man! He is not more elevated by his lofty residence, upon the summit of his own favourite mountain, than he is lifted, by the serenity of his mind, and the consciousness of a well spent life, above the malignant passions and bitter feelings of the day. No! his own beloved Monticello is not more moyed by the storms that beat against its sides, than is this illustrious man, by the bowlings of the whole British pack set loose from the Essex kennel! When the gentleman to whom I have been compelled to allude, shall have mingled his dust with that of his abused ancestors, when he shall have been consigned to oblivion, or if he lives at all, shall live only in the trea- sonable annals of a certain junto, the name of Jefferson will ON THE NEW ARMY BILL. 57 be hailed with gratitude, his memory honoured and cherish= ed as the second founder of the liberties of the people, and the period of his administration will be looked back to, as one of the happiest and brightest epochs of American his- tory.* An Oasis in the midst of a sandy desert. But I beg the gentleman's pardon; he has indeed secured to himself a more imperishable fame than I had supposed; I think it was about four years ago that he submitted to the house of representatives, an initiative proposition for an impeach- ment of Mr. Jefferson. The house condescended to con- sider it. The gentleman debated it with his usual temper^ moderation^ and wbanity. The house decided upon it in the most solemn manner, and, although the gentleman had some how obtained a second, the final vote stood, one for, and one hundred and seventeen against the proposition! The same historic page that transmitted to posterity the virtue and the glory of Henry the Great of France, for their admiration and example, has preserved the infamous name of the fanatic assassin of that excellent monarch. The same sacred pen that portrayed the sufferings and crucifixion of the Saviour of mankind, has recorded, for universal execra- tion, the name of him who was guilty, not of betraying his country, (but a kindred crime,) of betraying his God. In one respect there is a remarkable difference between the administration and the opposition, — it is in a sacred re- gard for personal liberty. When out of power my political friends condemned the surrender of Jonathan Bobbins; they opposed the violation of the freedom of the press, in the sedition law; they opposed the more insidious attack upon the freedom of the person under the imposing garb of an alien law. The party now in opposition, then in power, ad- vocated the sacrifice of the unhappy Robbins, and passed those two laws. True to our principles, we are now strug- gling for the liberty of our seamen against foreign oppres- sion. True to their's, they oppose a war undertaken for this object. They have indeed lately affected a tender solicitude for the liberties of .the people, and talk of the danger of standing armies, and the burden of taxes. But it must be evident to you, Mr. Chairman, that they speak in a foreign idiom. Their brogue evinces that it is not their vernacular tongue. What, the opposition, who in 1798 and 1799, could * This prediction is already beginning to be realized.— E(7. 58 ON THE NEW ARMY BILL. raise an useless army to fight an enemy three thousand miles distant from us, alarmed at the existence of one raised for a known and specified object, — the attack of the adjoining provinces of the enemy. What! the gentleman from Mas- sachusetts, who assisted by his vote to raise the army of 25,000, alarmed at the danger of our liberties from this very army! But, sir, I must speak of another subject, which I never think of but with feelings of the deepest awe. The gentle- man from Massachusetts, in imitation of some of his pre- decessors of 1799, has entertained us with a picture of ca- binet plots, presidential plots, and all sorts of plots which have been engendered by the diseased state of the gentle- man's imagination. I wish, sir, that another plot of a much more serious and alarming character, — a plot that aims at the dismemberment ol our union, had only the same im- aginary existence. But no man, who has paid any attention to the tone of certain prints, and to transactions in a par- ticular quarter of the union, for several years past, can doubt the existence of such a plot. It was far, very far from my intention to charge the opposition with such a design. No, I believe them generally incapable of it. But I cannot say as much for some, who have been unworthily associated with them in the quarter of the union to which I have re- ferred. The gentleman cannot have forgotten his own sen- timent, uttered even on the floor of this house, " peaceably if we can, forcibly if we must;" nearly at the very time Henry's mission to Boston was undertaken. The flagitious- ness of that embassy had been attempted to be concealed, by directing the public attention to the price which, the gentleman says, was given for the disclosure. As if any price could change the atrociousness of the attempt on the part of Great Britain, or could extenuate, in the slightest degree, the offence of those citizens, who entertained and deliberated upon a proposition so infamous and unnatural! There was a most remarkable coincidence between some of the things which that man stales, and certain events in the quarter alluded to. In the contingency of war with Great Britain, it will be recollected that the neutrality and even- tual separation of that section of the union was to be brought about. How, sir, has it happened, since the declaration of war, that British officers in Canada have asserted to Ame- rican officers, that this very neutrality would take place? ON THE NEW ARMY BILL. 59 That they have so asserted can be established beyond con- troversy. The project is not brought forward openly, with a direct avowal of the intention. No, the stock of good sense and patriotism in that portion of the country is too great to be undisguisedly encountered. It is assailed from the masked batteries of friendship, of peace and commerce on the one side, and by the groundless imputation of op- posite propensities on the other. The affections of the peo- ple, there, are gradually to be undermined. The project is suggested or withdrawn; the diabolical dramatis personse, in this criminal tragedy, make their appearance or exit, as the audience, to whom they address themselves, applaud, or condemn. I was astonished, sir, in reading lately a letter, or pretended letter, published in a prominent print in that quarter, and written not in the fervor of party zeal, but coolly and dispassionately, to find that the writer affected to reason about a separation, and attempted to demonstrate its advantages to the different portions of the union, — deplor- ing the existence now of what he terms prejudices against it, but hoping for the arrival of the period when they shall be eradicated. But, sir, I will quit this unpleasant subject; I will turn from one, whom no sense of decency or proprie- ty could restrain from soiling the carpet on which he treads,* to gentlemen who have not forgotten what is due to them- selves, to the place in which we are assembled, or to those by whom they are opposed. The gentlemen from North Carolina, (Mr. Pearson,) from Connecticut, (Mr. Pitkin,) and from New York, (Mr. Bleeker,) have, with their usual decorum, contended that the war would not have been de- clared, had it not been for the duplicity of France, in with- holding an authentic instrument, repealing the decrees of Berlin and Milan, that upon the exhibition of such an in- strument the revocation of the orders in council took place; that this main cause of the war, but for which it would not have been declared, being removed, the administration ought to seek for the restoration of peace; and that upon its sin- cerely doing so, terms compatible with the honour and in- terest of this country might be obtained. It is my purpose, said Mr. C. to examine, first, into the circumstances under * It is due to Mr. C. to observe, that one of the most offensive expres- sions used by Mr. Q. an expression which produced disgust on all sides of the house, has been omitted in that gentleman's reported speech; ivhich in other respects has been much softened. — Editor. 60 ON THE NEW ARMY BILL. which the war was declared; secondly, into the causes of continuing it; and lastly, into the means which have been taken, or ought to be taken to procure peace; but sir, I am really so exhausted that, little as I am in the habit of ask- ing of the house an indulgence of this kind, I feel I must trespass on their goodness. [Here Mr. C. sat down. Mr. Newton moved that the committee rise, report progress and ask leave to sit again, which was done. On the next day he proceeded.] I am sensible, Mr. Chairman, that some part of the de- bate, to which this bill has given rise, has been attended by circumstances much to be regretted, not usual in this House, and of which it is to be hoped, there will be no repetition. The gentleman from Boston had so absolved himself from every rule of decorum and propriety, had so outraged all decency, that I have found it impossible to suppress the feelings excited on the occasion. His colleague, whom I have the honour to follow, (Mr. Wheaton,) whatever else he might not have proved, in his very learned, ingenious, and original exposition of the powers of this government, — an exposition in which he has sought, where nobody be- fore him has, and nobody after him will, look, for a grant of our powers, I mean the preamble to the constitution, — • has clearly shown, to the satisfaction of all who heard him, that the povver of defensive war is conferred. I claim the benefit of a similar principle, in behalf of my political friends, against the gentleman from Boston. I demand only the ex- ercise of the right of repulsion. No one is more anxious than I am to preserve the dignity and the freedom of debate, ■ — no member is more responsible for its abuse, and if, on this occasion, its just limits have been violated, let him, who has been the unprovoked aggressor, appropriate to himself, exclusively, the consequences. I omitted yesterday, sir, when speaking of a delicate and painful subject, to notice a powerful engine which the con- spirators against the integrity of the union employ to effect their nefarious purposes — I mean southern influence. The true friend to his country, knowing that our constitution was the work of compromise, in which interests apparently conflicting were attempted to be reconciled, aims to extin- guish or allay prejudices. But this patriotic exertion does not suit the views of those who are urged on by diabolical ambition. They find it convenient to imagine the existence ON THE NEW ARMY BILL> 61 of certain improper influences, and to propagate with their utmost industry a belief of them. Hence the idea of southern preponderance, — Virginia influence, — the yoking of the re- spectable yeomanry of the north, with negro slaves, to the car of southern nabobs. If Virginia really cherished a re- prehensible ambition, an aim to monopolize the chief ma- gistracy of the country, how was such a purpose to be ac- complished? Virginia, alone, cannot elect a president, whose elevation depends upon a plurality of electoral votes, and a consequent concurrence of many states. Would Ver- mont, disinterested Pennsylvania, the Carolinas, indepen- dent Georgia, Kentucky, Tennessee, Ohio, Louisiana, all consent to become the tools of inordinate ambition? But the present incumbent was designated to the office before his predecessor had retired. How? By public sentiment,— public sentiment which grew out of his known virtues, his illustrious services, and his distinguished abilities. Would the gentleman crush this public sentiment, — is he prepared to admit that he would arrest the progress of opinion? The war was declared because Great Britain arrogated to herself the pretension of regulating our foreign trade, under the delusive name of retaliatory orders in council, — a pretension by which she undertook to proclaim to Ame- rican cnterprize, — " Thus far shalt thou go, and no farther," — orders which she refused to revoke after the alleged cause of their enactment had ceased; because she persisted in the practice of impressing American seamen; because she had instigated the Indians to commit hostilities against us; and because she refused indemnity for her past injuries upon our commerce. I throw out of the question other wrongs. The war in fact was announced, on our part, to meet the war which she was waging on her part. So undeniable were the causes of the war, — so powerfully did they ad- dress themselves to the feelings of the whole American people, that when the bill was pending before this House, gentlemen in the opposition, although provoked to debate, would not, or could not, utter one syllable -against it. It is true they wrapped themselves up in sullen silence, pretend- ing they did not choose to debate such a question in secret session. Whilst speaking of the proceedings on that occa- sion, I beg to be permitted to advert to another fact which transpired, — an important fact, material for the nation to know, and which I have often regretted had not been spread 62 ON THE NEW ARMY BILL. upon our journals. My honourable colleague (Mr. M'Kee,) moved, in committee of the whole, to comprehend France in the war; and when the question was taken upon the pro- position, there appeared but ten votes in support of it, of whom, seven belonged to this side of the House, and three only to the other! It is said that we were inveigled into the war by the perfidy of France; and that had she furnished the document in time, which was first published in England, in May last, it would have been prevented. I vyill concede to gentlemen every thing they ask about the injustice of France towards this country. I wish to God that our ability was equal to our disposition, to make her feel the sense that we entertain of that injustice. The manner of the pub- lication of the paper in question, was undoubtedly extreme- ly exceptionable. But I maintain that, had it made its ap- pearance earlier, it would not have had the effect supposed; and the proof lies in the unequivocal declarations of the British government. I will trouble you, sir, with going no further back than to the letters of the British minister, ad- dressed to the secretary of state, just before the expiration of his diplomatic functions. It will be recollected by the committee that he exhibited to this government a despatch from lord Castlereagh, in which the principle was distinctly avowed, that to produce the effect of a repeal of the orders in council, the French decrees must be absolutely and en- tirely revoked as to all the world, and not as to America alone. A copy of that despatch was demanded of him, and he very awkwardly evaded it. But on the tenth June, after the bill declaring war had actually passed this house, and was pending before the Senate, (and which, I have no doubt, was known to him,) in a letter to Mr. Monroe, he says: " I have no hesitation, sir, in saying that Great Britain, as the case has hitherto stood, never did, nor ever could engage, without the greatest injustice to herself and her allies, as well as to other neutral nations, to repeal her orders as af- fecting America alone, leaving them in force against other states, upon condition that France would except singly and specially, America from the operation of her decrees." On the fourteenth of the same month, the bill still pending before the Senate, he repeats: " I will now say, that I feel entirely authorized to assure you, that if you can at any time pro- duce ^ Jiiil and unconditional repcAi of the French decrees, as you have a right to demand it in your character of a ON THE NEW ARMY BILL. 63 neutral nation, and that it be disengaged from any question concerning our maritime rights, we shall be ready to meet you with a revocation of the orders in council. Previously to your producing such an instrument, which I am sorry to see >ou regard as unnecessary, you cannot expect of us to give up our orders in council." Thus, sir, you see that the British government, would not be content with a repeal of the French decrees as to us only. But the French paper in question was such a repeal. It could not, therefore, satisfy the British government. It could not, therefore, have in- duced that government, had it been earlier promulgated, to repeal the orders in council. It could not, therefore, have averted the war. The withholding of it did not occa- sion the war, and the promulgation of it would not have prevented the war. But gentlemen have contended that, in point of fact, it did produce a repeal of the orders in coun- cil. This I deny. After it made its appearance in England, it was declared by one of the British ministry, in parlia- ment, not to be satisfactory. And all the world knows, that the repeal of the orders in council resulted from the in- quiry, reluctantly acceded to by the ministry, into the effect upon their manufacturing establishments, of our non-im- portation law, or to the warlike attitude assumed by this government, or to both. But it is said, that the orders in council are withdrawn, no matter from what cause; and that having been the sole motive for declaring the war, the relations of peace ought to be restored. This brings me to the examination of the grounds for continuing the present hostilities between this country and Great Britain. 1 am far from acknowledging that, had the orders in council been repealed, as they have been, before the war was declared, the declaration of hostilities would of course have been prevented. In a body so numerous as this is, from which the declaration emanated, it is impossible to say, with any degree of certainty, what would have been the eifect of such a repeal. Each member must answer for himself. As to myself I have no hesitation, in saying, that I have always considered the impressment of American seamen, as much the most serious aggression. But, sir, how have those orders at last been repealed? Great Britain, it is true, has intimated a willingness to suspend their prac- tical operation, but she still arrogates to herself the right to revive them upon certain contingencies, of which she con- 64 ON THE NEW ARM5f BILL. stitutes herself the sole judge. She waves the temporary use of the rod, but she suspends it in terrorem over our heads. Supposing it to be conceded to gentlemen that such a repeal of the orders in council, as took place on the twenty- third June last, exceptionable as it is, being known before the war was proclaimed, would have prevented it: does it follow that it ought to induce us to lay down our arms, without the redress of any other injury of which we complain? Does it follow, in all cases, that that which would in the first in- stance have prevented would also terminate the war? By no means. It requires a strong and powerful effort in a na- tion, prone to peace as this is, to burst through its habits and encounter the difficulties and privations of war. Such a nation ought but seldom to embark in a belligerent con- test; but when it does, it should be for obvious and essential rights alone, and should firmly resolve to extort, at all ha- zards, their recognition. The war of the revolution is an example of a war begun for one object and prosecuted for another. It was waged, in its commencement, against the right asserted by the parent country to tax the colonies. Then no one thought of absolute independence. The idea of independence was repelled. But the British government would have relinquished the principle of taxation. The founders of our liberties saw, however, that there was no security short of independence, and they achieved that in- dependence. When nations are engaged in war, those rights in controversy, which are not acknowledged by the treaty of peace, are abandoned. And who is prepared to say, that American seamen shall be surrendered, as victims to the British principle of impressment? And, sir, what is this principle? She contends that she has a right to the services of her own subjects; and that, in the exercise of this right, she may lawfully impress them, even although she finds them in American vessels, upop the high seas, without her jurisdiction. Now, I deny that she has any right, beyond her jurisdiction, to come on board our vessels, upon the high seas, for any other purpose than in the pursuit of ene- mies, or their goods, or goods contraband of war. But she further contends, that her subjects cannot renounce their allegiance lo her, and contract a new obligation to other sovereigns. I do not mean to go into the general question of the right of expatriation. If, as is contended, all nations deny it, all nations at the same time admit and practice the ON THE NEW ARMY BILL. 65 right of naturalization. Great Britain herself does this. Great Britain, in the very case of foreign seamen, imposes, perhaps, fewer restraints upon naturalization than any other nation. Then, if subjects cannot break their original alle- giance, they may, according to universal usage, contract a new allegiance. What is the effect of this double obligation? Undoubtedly, that the sovereign having the possession of the subject, would have the right to the services of the sub- ject. If he return within the jurisdiction of his primitive sovereign, he may resume his right to his services, of which the subject, by his own act, could not devest himself. But his primitive sovereign can have no right to go in quest of him, out of his own jurisdiction, into the jurisdiction of another sovereign, or upon the high seas, where there exists either no jurisdiction, or it is possessed by the nation own- ing the ship navigating them. But, sir, this discussion is altogether useless. It is not to the British principle, objec- tionable as it is, that we are alone to look, — it is to her practice, — no matter what guise she puts on. It is in vain to assert the inviolability of the obligation of allegiance. It is in vain to set up the plea of necessity, and to allege that she cannot exist, without the impressment of HER seamen. The naked truth is, she comes, by her press gangs, on board of our vessels, seizes OUR native as well as natu- ralized seamen, and drags them into her service. It is the case, then, of the assertion of an erroneous principle, — and of a practice not conformable to the asserted principle, — a principle which, if it were theoretically right, must be for- ever practically wrong, — a practice which can obtain coun- tenance from no principle whatever, and to submit to which, on our part, would betray the most abject degradation. We are told, by gentlemen in the opposition, that government has not done all that was incumbent on it to do, to avoid just cause of complaint on the part of Great Britain, — that, in particular, the certificates of protection, authorized by the act of 1796, are fraudulently used. Sir, government has done too much in granting those paper protections. I can never think of them without being shocked. They resemble the passes which the master grants to his negro slave, " let the bearer, Mungo, pass and repass without molestation." What do they imply? That Great Britain has a right to seize all who are not provided with them. From their very- nature they must be liable to abuse on both sides. If Great K 66 ON THE NEW ARMY BILL. Britain desires a mark by which she can know her own subjects, let her give them an ear mark. The colours that float from the mast head should be the credentials of our seamen. There is no safety to us, and the gentlemen have shown it, but in the rule that all who sail under the flag, (not being enemies.) are protected by the flag. It is im- possible that this country should ever abandon the gallant tars, who' have won for us such splendid trophies. Let me suppose that the genius of Columbia should visit one of them in his oppressor's prison, and attempt to reconcile him to his forlorn and wretched condition. She would say to him, in the language of gentlemen on the other side: " Great Britain intends you no harm; she did not mean to impress you, but one of her own subjects; having taken you by mis- take, I will remonstrate, and try to prevail upon her, by peaceable means, to release you, but I cannot, my son, fight for you." If he did not consider this mere mockery, the poor tar would address her judgment and say, ' you owe me, my country, protection; I owe you, in return, obedience, I am no British subject, I am a native of old Massachu- setts, where live my aged father, my wife, my children. I have faithfully discharged my duty. Will you refuse to do yours?' Appealing to her passions, he would continue: ' I lost this eye in fighting under Truxtun, with the Insurgentej I got this scar before Tripoli; I broke this leg on board the Constitution, when the Guerriere struck.' If she remained still unmoved, he would break out, in the accents of mingled distress and dispair. Hard, hard is my fate! once I freedom enjoyed, Was as happy as happy could be! Oh! how hard is my fate, how galling these chains! * I will not imagine the dreadful catastrophe to which he would be driven, by an abandonment of him to his oppressor. It will not be, it cannot be, that his country will refuse him protection. It is said, that Great Britain has been always willing to make a satisfactory arrangement of the subject of impress- * It is impossible to describe the pathetic effect promon tribunal, among nations to pronounce upon the fact of the sovereignty of a new state. Each power does and must judge for itself. It was an attribute of sovereignty so to judge. A nation, in exerting this incontestible right, — in pronouncing upon the independence in fact of a new state, takes no part in the war. It gives neither men, nor ships, nor money. It merely pronounces that in so far as it may be necessary to institute any relations or to support any intercourse, with the new power, that power is capable of maintaining those relations and authorizing that intercourse. Martens and other publicists lay down these principles. When the United Provinces formerly severed themselves from Spain, it was about eighty years before their indepen- dence was finally recognised by Spain. Before that recog- nition, the United Provinces had been received by all the rest of Europe into the family of nations. It is true that a war broke out between Philip and Elizabeth, but it pro- ceeded from the aid which she determined to give and did give to Holland. In no instance he believed could it be shown, from authentic history, that Spain made war upon any power on the sole ground that such power had acknow- ledged the independence of the United Provinces. In the case of our own revolution, it was not until after France had given us aid, and had determined to enter into ON THE EMANCIPATION OF SOUTH AMERICA. 9i a treaty of alliance with us, — a treaty by which she guaran- teed our independence, that England declared war. Holland also was charged by England with favouring our cause, and deviating from the line of strict neutrality. And, when it was perceived that she was moreover about to enter into a treaty with us, England declared war. Even if it were shown that a proud, haughty and powerful nation, like En- gland, had made war, upon other provinces, on the ground of a mere recognition, the single example could not alter the public law, or shake the strength of a clear principle. But what had been our uniform practice? We had con- stantly proceeded on the principle, that the government de facto was that we could alone notice. Whatever form of government any society of people adopts; whoever they ac- knowledge as their sovereign, we consider that government or that sovereign as the one to be acknowledged by us. We have invariably abstained from assuming a right to decide in favour of the sovereign de jure^ and against the sovereign de facto. That is a question for the nation in which it arises to determine. And so far as we are concerned, the sovereign de facto is the sovereign de jure. Our own revolution stands on the basis of the right of a people to change their rulers. He did not maintain that every immature revolution, — eve- ry usurper, before his power was consolidated, was to be acknowledged by us; but that as soon as stability and order were maintained, no matter by whom, we always had con- sidered, and ought to consider the actual as the true go- vernment. General Washington, — Mr. Jefferson, Mr. Ma- dison, had all, whilst they were respectively presidents, acted on these principles. In the case of the French republic. Gen. Washington did not wait until some of the crowned heads of Europe should set him the example of acknowledging it, but accredited a minister at once. And it is remarkable that he was received before the government of the republic was considered as established. It will be found, in Marshall's life of Washing- ton, that when it was understood that a minister from the French republic was about to present himself. President Washington submitted a number of questions to his cabi- net for their consideration and advice, one of which was, whether, upon the reception of the minister, he should be notified that America would suspend the execution of the treaties between the two countries until France had an es- 92 ON THE EMANCIPATION OF SOUTH AMERICA. tablished government. Gen. Washington did not stop to inquire v/hether the descendants of St. Louis were to be considered as the legitimate sovereigns of France, and if the revolution was to be regarded as unauthorized resistance to their sway. He saw France, in fact, under the govern- ment of those who had subverted the throne of the Bour- bons, and he acknowledged the actual government. During Mr. Jefferson's and Mr. Madison's administrations, when the Cortes of Spain and Joseph Bonaparte respectively con- tended for the crown, those enlightened statesmen said, we will receive a minister from neither party; settle the ques- tion between yourselves, and we will acknowledge the party that prevails. We have nothing to do with your feuds; who- ever all Spain acknowledges as her sovereign, is the only- sovereign with whom we can maintain any relations. Mr. Jefferson, it is understood, considered whether he should not receive a minister from both parties, and finally decided against it, because of the inconveniencies to this country, which might result from the double representation of another power. As soon as the French armies were expelled from the Peninsula, Mr. Madison, still acting on the principle of the government defacto^ received the present minister from Spain. During all the phases of the French government, republic, directory, consuls, consul for life, emperor, king, emperor again, king, our government has uniformly received the minister. If, then, there be an established government in Spanish America, deserving to rank among the nations, we were mo- rally and politically bound to acknowledge it, unless we re- nounced all the principles which ought to guide, and which hitherto had guided, our councils. Mr. C. then undertook to show, that the united provinces of the Rio de la Plata pos- sessed such a government. Its limits, he said, extending from the south Atlantic ocean to the Pacific, embraced a territory- equal to that of the United States, certainly equal to it, ex- clusive of Louisiana. Its population was about three mil- lions, more than equal to ours at the commencement of our revolution. That population was a hardy, enterprising and gallant population. The establishments of Monte Video and Buenos Ayres, had, during different periods of their history, been attacked by the French, Dutch, Danes, Por- tuguese, English, and Spanish; and such was the martial character of the people, that in every instance the attack had ON THE EMANCIPATION OF SOUTH AMERICA. 93 been repulsed. In 1807, general Whitlocke commanding a powerful English army, was admitted, under the guise of a friend, into Buenos Avres, and as soon as he was supposed to have demonstrated inimical designs, he was driven by the native and unaided force of Buenos Ayres from the country. Buenos Ayres had, during now nearly eight years, been in point of fact in the enjoyment of self-government. The capital, containing more than sixty thousand inhabi- tants, has never been once lost. As early as 1811, the re- gency of Old Spain made war upon Buenos Ayres, and the consequence subsequently was, the capture of a Spanish army in Monte Video, equal to that of Burgoyne. This government has now, in excellent discipline, three well ap- pointed armies, with the most abundant material of war: the army of Chili — the army of Peru, and the army of Buenos Ayres. The first under San Martin, has conquered Chili: the second is penetrating in a north-western direction from Buenos Ayres, into the vice royalty of Peru; and according to the last accounts, had reduced the ancient seat of empire of the Incas. The third remains at Buenos Ayres to op- pose any force which Spain may send against it. To show the condition of the country in July last, Mr. C. again call- ed the attention of the committee to the message of the su- preme director, delivered to the Congress of the United Provinces. It was a paper of the same authentic character with the speech of the king of England on opening his par- liament, or the message of the president of the United States, at the commencement of congress.*' There was a * The following are the passages read by Mr. Clay: " The army of this capital was organized at the same time with those of the Andes and of the interior; the regular force has been nearly doubled; the militia has made great progress in military discipline; our slave population has been formed into battalions, and taught the military art as far as is consistent with their condition. The capital is under no apprehension that an army of ten thousand men can shake its liberties, and, should the Peninsularians send against us thrice that number, am- ple provision has been made to receive them. " Our navy has been fostered in all its branches. The scarcity of means under which we laboured until now, has not prevented us from undertaking very considerable operations, with respect to the national vessels; all of them have been repaired, and others have been purchased and armed, for the defence of our coasts and rivers; provisions have been made, should necessity require it, for arming many more, so that the enemy will not find himself secure from our reprisals even upon the ocean. 94 ON THE EMANCIPATION OF SOUTH AMERICA- spirit of bold confidence running through this fine state pa- per, which nothing but conscious strength could communi- cate. Their armies, their magazines, their finances, were on the most solid and respectable footing. And, amidst all the cares of war, and those incident to the consolidation of their new institutions, leisure was found to promote the interests of science, and the education of the rising generation. It was true, that the first part of the message portrayed scenes " Our military force, at every point which it occupies, seems to be animated with the same spirit; its tactics are uniform, and have under- gone a rapid improvement from the science of experience, which it has borrowed from warlike nations. " Our arsenals have been replenished with arms, and a sufficient store of cannon and munitions of war have been provided to maintain the con- test for many years; and this, after having supplied articles of every description to those districts, which have not as yet come into the union, but whose connexion with us has been only intercepted by reason of our past misfortunes. "Our legions daily receive considerable augmentations from new- levies; all our preparations have been made, as though we were about to enter upon the contest anew. Until now, the vastness of our resour- ces were unknown to us, and our enemies may contemplate, with deep mortification and despair, the present flourishing state of these provinces after so many devastations. *' Whilst thus occupied in providing for our safety within, and pre- paring for assaults from without, other objects of solid interest have not been neglected, and which hitherto were thought to oppose insurmount- able obstacles. " Our system of finance had hitherto been on a footing entirely inad- «quate to the unfailing supply of our wants, and still more to the liquida- tion of the immense debt which had been contracted in former years. An unremitted application to this object has enabled me to create the means of satisfying the creditors of the state, who had already abandoned their debts as lost, as well as to devise a fixed mode, by which the taxes may be made to fall equally and indirectly on the whole mass of our pop- ulation; it is not the least merit of this operation, that it has been effected in despite of the writings by which it was attacked, and which are but little creditable to the intelligence and good intentions of their authors. At no other period have the public exigences been so punctually sup- plied, nor have more important works been undertaken. " The people, moreover, have been relieved from many burdens, which being partial, or confined to particular classes, had occasioned vexation and disgust. Other vexations scarcely less grievous will by degrees be also suppressed, avoiding as far as possible a recurrence to loans, which have drawn after them the most fatal consequences to states. Should we, however, be compelled to resort to such expedients the lenders will not see themselves in danger of losing their advances. " Many undertakings have been set on foot for the advancement of the general prosperity. Such has been the re-establishing of the college, heretofore named San Carlos, but hereafter to be called the Union of ON THE EMANCIPATION OF SOUTH AMERICA. 95 of difficulty and commotion, the usual attendants upon re- volution. The very avowal of their troubles manifested however, that they were subdued. And what state, passing through the agitations of a great revolution, was free from them? We had our tories, our intrigues, our factions. More than once were the affections of the country, and the con- fidence of our councils, attempted to be shaken in the great father of our liberties. Not a Spanish bayonet remains with- in the immense extent of the territories of La Plata to con- test the authority of the actual government. It is free, it is independent— it is sovereign. It manages the interests of the society that submits to its sway. It is capable of main- taining the relations between that society and other nations. Are we not hound, then, upon our own principles, to ac- knowledge this new republic? If we do not, who will? Are we to expect, that kings will set us the example of acknow- ledgmg the only republic on earth, except our own? We receive, promptly receive, a minister from whatever king sends us one. From the great powers and the little powers we accredit ministers. We do more: we hasten to recipro- cate the compliment; and anxious to manifest our gratitude the South, as a point designated for the dissemination of learning ^o the youth of every part of the slate, on the most extensiFe scaJe, for the at- tainment of which object the government is at the present moment en- gaged in putting m practice every possible dihgence. It will not be long betore these nurseries r^ill flourish, in which the liberal and exact sciences will be cultivated, in which the hearts of those young men will be lormed, who are destined at some future day to add new splendor to ©ur country. ^ ^ «' Such has been the establishment of a military depot on the frontier with Its spacious magazine, a necessary measure to guard us from future dangers, a work which does more honour to the prudent foresio-ht of our country, as it was undertaken in the moment of its prosperous fortunes a measure which must give more occasion for reflection to our enemies' than they can impose upon us by their boastings. ' "Fellow citizens we owe our unhappy reverses and calamities to the depraving system of our ancient metropohs, which in condemning us to the obscuruy and opprobrium of the most degraded destiny, has sown That otr'h ' -^'^ r^' "°°^""'^ "^ ^° ^^^'"'y- Tell that metropoTis that even she may glory m your works! Already have vou cleared alJ the rocks, escaped every danger, and conducted these provinces to the flourishing condition m which we now behold them. Let the enemies of your name contemplate with despair the energies of your vHuTsn"! ous'rr^'"?' f "^rr^'^^' ^'^^ >°" already appertL to their illus- nCin^d^nJ^I 1 "' <^;"''«'f^te °»rseives on the blessings wehave already ?he evnii^ni f"' "'""' *° ^^^ ^°''^'' ^^^* ^« ^^^^ l^^rned to profit bv the experience of our past misfortunes." 96 ON THE EMANCIPATION OF SOUTH AMERICA. for royal civility, we send for a minister (as in the case of Sweden and the Netherlands) of the lowest grade; one of the highest rank recognized by our laws. We were the natural head of the American family. He would not inter- meddle in the affairs of Europe. We wisely kept aloof from their broils. He would not even intermeddle in those of other parts of America, farther than to exert the incon- testible rights appertaining to us as a free, sovereign and independent power; and, he contended, that the accrediting of a minister from the new republic was such a right. We were bound to receive their minister, if we meant to be really neutral. If the royal belligerent were represented and heard at our government, the republican belligerent ought also to be heard. Otherwise, one party would be in the condition of the poor patriots who were tried ex parte the other day in the Supreme Court, without counsel, without friends. Give Mr. Onis his conge, or receive the republican minister. Unless you do so, your neutrality is nominal. Mr. C. next proceeded to inquire into the consequences of a recognition of the new republic. Will it involve us in war with Spain? He had shown, he trusted, successfully shown, that it was no just cause of war to Spain. Being no cause of war, we had no right to expect that war would ensue. If Spain, without cause, would make war, she may make it whether we do or do not acknowledge the republic. But she would not, because she could not, make war against us. He called the attention of the committee to a report of the minister of the Hacienda to the king of Spain presented about eight months ago. A more beggarly account of empty boxes, Mr. C. said, was never rendered. The picture of Mr. Dallas, sketched in his celebrated report during the last war, may be contemplated without emotion after surveying that of Mr. Gary. The expenses of the current year required eight hundred and thirty millions two hundred and sixty- seven thousand eight hundred and twenty-nine of reals, and the deficit of the income is represented as two hundred and thirty-three millions one hundred and forty thousand nine hundred and thirty-two of reals. This, besides an immense mass of unliquidated debt, which the minister acknowledges the utter inability of the country to pay, although bound in honor to redeem it. He states that the vassals of the king are totally unable to submit to any new taxes, and the coun- try is without credit, so as to render anticipation by loans ON THE EMANCIPATION OF SOUTH AMERICA. 97 wholly impracticable. Mr. Gary appears to be a virtuous man, who exhibits frankly the naked truth; and yet such a minister acknowledges, that the decorum due to one single family, that of the monarch, does not admit, in this critical condition of his country, any reduction of the enormous sum of upwards of fifty-six millions of reals, set apart to defray the expenses of that family! — He states that a foreign war would be the greatest of all calamities, and one which, being unable to provide for it, they ought to employ every possible means to avert. He proposed some inconsiderable contri- bution from the clergy, and the whole body was instantly in an uproar. Indeed, Mr. C. had no doubt, that, surround- ed as Mr. Gary was, by corruption, by intrigue, and folly, and imbecility, he would be compelled to retire, if he had not already been dismissed, from a post for which he had too much integrity. It had been now about four years since the restoration of Ferdinand; and if during that period, the whole energies of the monarchy had been directed unsuc- cessfully against the weakest and most vulnerable of all the American possessions, Venezuela, how was it possible for Spain to encounter the difficulties of a new war with this country?-— Morillo had been sent out with one of the finest armies that had ever left the shores of Europe — consisting of ten thousand men, chosen from all the veterans who had fought in the Peninsula. It had subsequently been rein- forced with about three thousand more. And yet, during the last summer, it was reduced, by the sword and the cli- mate, to about four thousand effective men. And Vene- zuela, containing a population of only about one million, of which near two-thirds were persons of color, remained un- subdued. The little island of Margaritta, whose population was less than twenty thousand inhabitants — a population fighting for liberty with more than Roman valor — had com- pelled that army to retire upon the main. Spain, by the late accounts, appeared to be deliberating upon the necessity of resorting to that measure of conscription, for which Bona- parte had been so much abused. The effect of a war with this country, would be to ensure success, beyond all doubt, to the cause of American independence. Those parts even, over which Spain has some prospect of maintaining her dominion, would probably be put in jeopardy. Such a war would be attended with the immediate and certain loss of Florida. Commanding the Gulf of Mexico, as we should O 98 ON THE EMANCIPATION OF SOUTH AMERICA. be enabled to do by our navy, blockading the port of Ha- vanna, the port of La Vera Cruz, and the coast of Terra Firma, and throwing munitions of war into Mexico, Cuba would be menaced — Mexico emancipated — and Morillo's army deprived of supplies, now drawn principally from this country thxough the Havanna, compelled to surrender. The war, he verily believed, would be terminated in less than two years, supposing no other power to interpose. Will the allies interfere? If by the exertion of an unques- tionable attribute of a sovereign power, we should give no just cause of war to Spain herself, how could it be pretended that we should furnish even a specious pretext to the al- lies for making war upon us? On what ground could they attempt to justify a rupture with us for the exercise of a right which we hold in common with them, and with every other independent state? But we have a surer guarantee against their hostility, in their interests. That all the allies, who have any foreign commerce, have an interest in the in- dependence of Spanish America, was perfectly evident. On what ground, he asked, was it likely, then, that they would support Spain, in opposition to their own decided interest? To crush the spirit of revolt, and prevent the progress of free principles? Nations, like individuals, do not sensibly feel, and seldom act upon dangers, which are remote either in time or place. Of Spanish Amenca but little is known by the great body of the population of Europe. Even in this country the most astonishing ignorance prevails respecting them. Those European statesmen who were acquainted with the country, would reflect, that, tossed by a great revolution, it would most probably constitute four or five several na- tions, and that the ultimate modification of all their various governments was by no means absolutely certain. But, Mr. C. said, he entertained no doubt that the principle of cohe- sion among the allies was gone. It was annihilated in the memorable battle of Waterloo. When the question was, whether one should engross all, a common danger united all. How long was it, even with a clear perception of that danger, before an effective coalition could be formed? How often did one power stand by, unmoved and indifferent to the fate of its neighbour, although the destruction of that neighbour removed the only barrier to an attack upon itself? No; the consummation of the cause of the allies was, and all history and all experience would prove it, the destruc ON THE EMANCIPATION OF SOUTH AMERICA. 99 tion of the alliance. The principle was totally changed. It was no longer a common struggle against the colossal power of Bonaparte, but it became a common scramble for the spoils of his empire. There may, indeed, be one or two points on which a common interest still exists, such as the convenience of subsisting their armies on the vitals of poor suffering France. But as for action — for new enterprizes, there was no principle of unity, there could be no accord- " I ance of interests, or of views, among them. ' What was the condition in which Europe was left after all its efforts? It was divided into two great powers, one having the undisputed command of the land — the other of the water. Paris was transferred to St. Petersburgh, and the navies of Europe were at the bottom of tlie sea, or con- centered in the ports of England. Russia — that huge land animal — awing by the dread of her vast power all conti- nental Europe, was seeking to encompass the Porte; and constituting herself the kraken of the ocean, was anxious to lave her enormous sides in the more genial waters of the Mediterranean. It was said, he knew, that she had indi- cated a disposition to take part with Spain. No such thing. She had sold some old worm-eaten, decayed fir-built ships to Spain, but the crews which navigated them, were to re- turn from the port of delivery, and the bonus she was to get, he believed to be the island of Minorca, in conformity with the cardinal point of her policy. France was greatly inter- ested in whatever would extend her commerce, and regene- rate her marine, and consequently, more than any other power of Europe, England alone excepted, was concerned in the independence of Spanish America. He did not de- spair of France, so long as France had a legislative body, collected from all its parts, the great repository of its wishes and its will. Already had that body manifested a spirit of considerable independence. And those who, conversant with French history, knew what magnanimous stands had been made by the parliaments, bodies of limited, extent, against the royal prerogative, would be able to appreciate justly the moral force of such a legislative body. Whilst it exists, the true interests of France will be cherished and pursued on points of foreign policy, in opposition to the pride and interests of the Bourbon family, if the actual dy- nasty, impelled by this pride, should seek to subserve these interests. 100 ON THE EMANCIPATION OF SOUTH AMERICA England finds that, after all her exertions, she is every where despised on the continent; her maritime power viewed with jealousy; her commerce subjected to the most onerous restrictions; selfishness imputed to all her policy. All the accounts from France represent that every party, Bonapar- tists, Jacobins, Royalists, Moderes, Ultras, all burn with indignation towards England, and pant for an opportunity to avenge themselves on the power to whom they ascribe all their disasters. [Here Mr. C. read a part of a letter which he had just received from an intelligent friend at Paris, and which com- posed only a small portion of a mass of evidence to the same effect, which had come under his notice.] It was impossi- ble, he said, that with powers, between whom so much cor- dial dislike, so much incongruity existed, there could be any union or concert. Whilst the free principles of the French revolution remained; those principles which were so alarming to the stability of thrones, there never had been any successful or cordial union; coalition after coalition, wanting the spirit of union, was swept away by the over- whelming power of France. It was not until those princi- ples were abandoned and Bonaparte had erected on their ruins his stupendous fabric of universal empire — nor in- deed until after the frosts of Heaven favored the cause of Europe, that an effective coalition was formed. No, said Mr. C. the complaisance inspired in the allies from unex- pected, if not undeserved success, might keep them nomi- nally together; but for all purposes of united and combined action, the alliance was gone; and he did not believe in the chimera of their crusading against the independence of a country, whose liberation would essentially promote all their respective interests. But the question of the interposition of the allies, in the event of our recognizing the new republic, resolved itself into a question whether England, in such event, would make war uppn us: If it could be shown that England would not, it resulted either that the other allies would not, or that, if they should, in which case England would most probably support the cause of America, it would be a war without the maritime ability to maintain it. He contended that En- gland was alike restrained by her honor and by her interest from waging war against us, and consequently against Spa- nish America, also for an acknov/ledgment of the indepen- ON THE EMANCIPATION OF SOUTH AMERICA. lOi tlence of the new state. England has encouraged and fo- mented the revolt of the colonies as early as June, 1 797. Sir Thomas Picton, governor of Trinidad, in virtue of or- ders from the British minister of foreign affairs, issued a proclamation, in which he expressly assures the inhabitants of Terra Firma, that the British government will aid in establishing their independence.* In prosecution of the same object, Great Britain defrayed the expenses of the famous expedition of Miranda. England, in 1811, when she was in the most intimate relations with Spain, then strug- gling against the French power, assumed the attitude of a mediator between the colonies and the peninsula. The terms on which she conceived her mediation could alone be ef- fectual were rejected by the Cortes, at the lowest state of the Spanish power. Among these terms, England required for the colonies a perfect freedom of commerce, allowing only some degree of preference to Spain; that the appoint- ments of viceroys and governors should be made indiscri- minately from Spanish Americans and Spaniards; and that the interior government and every branch of public ad- ministration should be entrusted to the cabildo or munici- palities, &c. If Spain, when Spain was almost reduced to the island of St. Leon, then rejected those conditions, would she now consent to them, amounting, as they do, substan- tially to the independence of Spanish America? If England, devoted as she was at that time to the cause of the Peninsula, even then thought those terms due to the colonies, would she now, when no particular motive existed for cherishing the Spanish power, and after the ingratitude with which Spain has treated her, think that the colonies ought to sub- mit to less favourable conditions? And would not England stand disgraced in the eyes of the whole world, if, after hav- ing abetted and excited a revolution, she should now attempt to reduce the colonies to unconditional submission, or should * The following' is the passage read: " With regard to the hope you entertain of raising the spirits of those persons, with whom you are in correspondence, towards encouraging- the inhabitants to resist the oppressive authority of their government, I have little more to say than that they may be certain that whenever they are in that disposition, they may receive at your hands, all the suc- cors to be expected from his Brittanic Majesty, be it with forces or with arms and ammunition to any extent; with the assurance that the views of his Brittanic Majesty go no further than to secure to them their in- dependence," Sfc. 102 ON THE EMANCIPATION OF SOUTH AMERICA. make war upon us for acknowledging that independence which she herself sought to establish? No guarantee for the conduct of nations or individuals ought to be stronger than that which honor imposes; but for those who would put no confidence in its obligations, he had an argument to urge of more conclusive force. It was founded upon the interests of England. Excluded almost as she is from the continent, the commerce of America, south and north, is worth to her more than the commerce of the residue of the world. That, to all Spanish America, had been alone estimated at fifteen millions sterling. Its aggregate value to Spanish America and the United States, might be fairly stated at upwards of one hundred millions of dollars. The effect of a war with the two countries would be to devest England of this great interest, at a moment when she is anxiously engaged in repairing the ravages of the European war. Looking to the present moment only, and merely to the interests of commerce, England is con- cerned more than even this country in the success of the cause of independence in Spanish America. The reduction of the Spanish power in America has been the constant and favourite aim of her policy for two centuries — she must blot out her whole history, reverse the maxims of all her illustrious statesmen; extinguish the spirit of commerce which animates, directs and controls all her movements, before she can render herself accessary to the subjugation of Spanish America. No commercial advantages which Spain might offer by treaty, could possess the security for her trade, which independence would communicate. The one would be most probably of limited duration, and liable to violation from policy, from interest or from caprice. The other would be as permanent as independence. That he did not mistake the views of the British cabinet, the recent proclamation of the prince regent he thought proved. — The committee would remark that that document did not describe the patriots as rebels or insurgents, but, using a term which he had no doubt had been well weighed, it de- clared the existence of a "state of warfare." And with regard to English subjects, who were in the armies of Spain, although they had entered the service without restriction as to their military duties, it required that they should not take part against the colonies. The subjects of England freely supplied the patriots with arms and ammunition, and ON THE EMANCIPATION OF SOUTH AMERICA. l03 an honorable friend of his (Col. Johnson,) had just received a letter from one of the West India islands stating the ar- rival there from England of the skeletons of three regiments, with many of the men to fill them, destined to aid the pa- triots. In the Quarterly Review, of November last, a journal devoted to the ministry, and a work of the highest authority, as it respects their views — the policy of neutrali- ty is declared and supported as the true policy of England; and that, even if the United States were to take part in the war; and Spain is expressly notified that she cannot and must not expect aid from England.* In the case of the struggle between Spain and her colonies, England, for once at least, had manifested a degree of wisdom highly deserv- ing our imitation, but unfortunately the very reverse of her course had been pursued by us. She had so conducted, by operating upon the hopes of the two parties, as to keep on the best terms with both — to enjoy all the advantages of the rich commerce of both. We had, by a neutrality bill con- taining unprecedented features; and still more by a late executive measure, to say the least of it, of doubtful con- stitutional character, contrived to dissatisfy both parties. We had the confidence neither of Spain nor the colonies. ♦" In arguing therefore for the advantages of a strict neutrality, we must enter an early protest against any imputations of hostility to the cause of genuine freedom, or of any passion for despotism and the Inqui- sition. We are no more the panegyrists of legitimate authority in all times, circumstances and situations, than we are advocatesfor revolution in the abstract," S(C. " But it has been plausibly asserted, that by ab- staining from interference in the affairs of South America we are sur- rendering to the United States, all the advantages which might be secured to ourselves, from this revolution; that we are assisting to increase the trade and power of a nation which alone can ever be the maritime rival of England. It appears to us extremely doubtful whether any advantage, commercial or political, can be lost to England by a neutral conduct; it must be observed that the United States themselves have given every public proof of their intention to pursue the same line of policy. But ad- mitting that this conduct is nothing more than a decent pretext; or ad- mitting still farther, that they will afford to the Independents direct and open assistance, our view of the case would remain precisely the same," &:c. " To persevere in force, unaided, is to miscalculate her (Spain's) own resources, even to infatuation. To expect the aid of an ally in such a cause would, if that ally were England, be to suppose this country as for- getful of its own past history as of its immediate interests and duties. Far better would it be for Spain, instead of calling for our aid, to profit by our experience; and to substitute, ere it be too late, for efforts like those by which the North American colonies were lost to this country, the conciliatory measures by which they might have been retained." 104 ON THE EMANCIPATION OF SOUTH AMERICA. Mr. Clay said, it remained for him to defend the propo- sition which he meant to submit, from an objection, which he had heard intimated, that it interfered with the duties assigned to the executive branch. On this subject he felt the greatest solicitation; for no man more than himself, res- pected the preservation of the independence of the several departments of government, in the constitutional orbits which were prescribed to them. It was his favorite max- im, that each, acting within its proper sphere, should move with its constitutional independence, and under its constitu- tional responsibility, without influence from any other. He was perfectly aware, that the constitution of the United States, and he admitted the proposition in its broadest sense, confided to the executive the reception and the deputation of ministers. But in relation to the latter operation, con- gress had a current will, in the power of providing for the payment of their salaries. The instrument no where said, or implied, that the executive act of sending a minister to a foreign country should precede the legislative act which shall provide for the payment of his salary. And, in point of fact, our statutory code was full of examples of legisla- tive action prior to executive action, both in relation to the deputation of agents abroad, and to the subject matter ot treaties. Perhaps the act of sending a minister abroad, and the act providing for the allowance of his salary ought to be simultaneous; but if, in the order of precedence, there were more reason on the one side than on the other, he thought it was in favor of the priority of the legislative act, as the safer depository of power. VVhen a minister is sent abroad, although the legislature may be disposed to think his mission useless — although, if previously consulted, they would have said they would not consent to pay such a min- ister, the duty is delicate and painful to refuse to pay the salary promised to him whom the executive has even unne- cessarily sent abroad. Mr. C. illustrated his ideas by the existing missions to Sweden and to the Netherlands. He had no hesitation in saying, that if we had not ministers of the first grade there, and if the legislature were asked, pri- or to sending them, whether it would consent to pay minis- ters of that grade, that he would not and he believed con- gress would not, consent to pay them. If it be urged that, by avowing our willingness, in a le- gislative act, to pay a minister not yet sent, and whom the ON THE EMANCIPATION OF SOUTH AMERICA. 105 president may think it improper to send abroad, we operate upon the president by all the force of our opinion; it may be retorted that when we are called upon to pay any minis- ter, sent under similar circumstances, we are operated upon by all the force of the president's opinion. The true theory of our government, at least supposes that each of the two departments, acting on its proper constitutional responsibili- ty, will decide according to its best judgment, under all the circumstances of the case. If we make the previous ap- propriation, we act upon our constitutional responsibility, and the president afterwards will proceed upon his. And so if he make the previous appointment. We have a right after a minister is sent abroad, and we are called upon to pay him, and we ought to deliberate upon the propriety of his mission — we may and ought to grant or withhold his salary. If this power of deliberation is conceded subsequent to the deputation of the minister, it must exist prior to that depu- tation. Whenever we so deliberate we deliberate under our constitutional responsibility. Pass the amendment he pro- posed, and it would be passed under that responsibility. Then the president, when he deliberated on the propriety of the mission, would act under his constitutional responsi- bility. Each branch of government, moving in its proper sphere, would act with as much freedom from the influence of the other as was practically attainable. There was great reason, Mr. Clay contended, from the peculiar character of the American government, in there being a perfect understanding between the legislative and executive branches, in relation to the acknowledgment of a new power. Every where else the power of declaring war resided with the executive. Here it was deposited with the legislature. If contrary to his opinion, there were even a risk that the acknowledgment of a new state might lead to war, it was advisable that the step should not be taken, without a previous knowledge of the will of the war-mak- ing branch. He was disposed to give to the president all the confidence which he must derive from the unequivocal expression of our will. This expression he knew might be given in the form of an abstract resolution, declaratory of that will; but he preferred, at this time, proposing an act of practical legislation. And if he had been so fortunate as to communicate to the committee, in any thing like that degree of strength in which he entertained them, the convictions P 106 ON THE EMANCIPATION OF SOUTH AMERICA. that the cause of the patriots was just; that the character of the war, as waged by Spain, should induce us to wish them success; that we had a great interest in that success; that this interest, as well as our neutral attitude, required us to acknowledge any estal)lished government in iSpanish Ameri- ca; that the United Provinces of the river Plate was such a government; that we might safely acknowledge its indepen- dence, without danger of war from Spain, from the allies, or from England; and that, without unconstitutional inter- ference with the executive power, with peculiar fitness, we might express, in an act of appropriation, our sentiments, leaving him to the exercise of a just and responsible dis- cretion, he hoped the committee would adopt the proposi- tion which he had now the honor of presenting to them, after a respectful tender of his acknowledgments for their attention and kindness, during, he feared, the tedious peri- od he had been so unprofitably trespassing upon their pa- tience. He offered the following amendment to the bill: " For one years salary, and an outfit to a minister to the United Provinces of the Riodela Plata, the salary to com- mence, and the outfit to be paid, whenever the president shall deem it expedient to send a minister to the said Uni- ted Provinces, a sum not exceeding eighteen thousand dol- lars." lor ON INTERNAL IMPROVEMENT. Speech in the Debate on the Resolutions relating to the -'. power of Congress to make Roads and Canala; March, 1818. Mr. Clay said, that he had been anxious to catch the eye of the chairman for a few moments, to reply to some of the observations which had fallen from various gentlemen. He was aware that, in doing this, he risked the loss of what was of the utmost value, the kind favour of the house, wearied as its patience was by this prolonged debate. But, when he felt what a deep interest the Union at large, and particularly that quarter of it whence he came, had in the decision of the present question, he could not omit any op- portunity of earnestly urging upon the house the propriety of retaining the important power which that question in- volved. It will be recollected, said Mr. C. that, if un- fortunately there should be a majority both against the ab- stract proposition asserting that power, and against its prac- tical execution, the power is gone for ever — the question is put at rest so long as the Constitution remains as it is; and with respect to any amendment, in this particular, he con- fessed he utterly despaired. It would be borne in mind, that the bill which passed Congress on this subject, at the last session, had been rejected by the late president of the United States; that at the commencement of the present session, the president had communicated his clear opinion, after every effort to come to a different conclusion, that Congress did not possess the power contended tor, and had called upon us to take up the subject in the shape of an amendment to the constitution, and, moreover, that the predecessor ol the present and late presidents had also in- timated his opinion that Congress did not possess the power. With the great weight and authority of the opinions of these distinguished men against the power, and with the fact, solemnly entered upon the record, that this house, after a deliberate review of the ground taken by it at the last session, had decided against the existence of it, (if such fatally should be the decision,) the power, he repeated, was 108 ON INTERNAL IMPROVEMENT. gone — gone for ever, unless restored by an amendment of the constitution. With regard to the practicability of ob- taining such an amendment, he thought it altogether out of the question. Two different descriptions of persons, enter- taining sentiments directly opposed, would unite and de- feat such an amendment; one embracing those who believed that the constitution, fairly interpreted, already conveys the power, and, the other, those who think that Congress have not, and ought not to have it. As a large portion of Congress, and probably a majority, believed the power al- ready to exist, it must be evident, if he were right in sup- posing that any considerable number of that majority would vote against an amendment which they did not believe necessary, that any attempt to amend would fail. Con- sidering, as he did, the existence of the power as of the first importance, not merely to the preservation of the union of the States, paramount as that consideration ever should be over all others, but to the prosperity of every great interest of the country, agriculture, manufactures, commerce; in peace and in war, it becomes us, said Mr. C. solemnly and deliberately and anxiously to examine the constitution, and not to surrender it, if fairly to be collected from a just in- terpretation of that instrument. With regard to the alarm sought to be created, as to the nature of the power, by bringing up the old theme of " State rights," he would observe, that if the illustrious persons, just referred to, were against us in the construction of the constitution, they were on our side as to the harmless and beneficial character of the power. For it was not to be conceived, that each of them would have recommended an amendment to the constitution, if they believed that the possession of such a power, by the general government, ■would be detrimental, much less dangerous, to the inde- pendence and liberties of the States. What real ground was there for this alarm? Gentlemen had not condescended to show how the subversion of the rights of the States was to follow from the exercise of the power of internal improve- ments by the general government. We contend for the power to make roads and canals to distribute the intelligence, force, and productions of the country, through all its parts; and for such jurisdiction only over them as is necessary to their preservation from wanton injury and from gradual de- cay. Suppose such a power is maintained, and in full ON INTERNAL IMPROVEMENT. io9 operation; imagine it to extend to every canal made, or pro- posed to be made, and to every post road; how inconsidera- ble and insignificant is the power in apolitical point of view, limited as it is with regard to place and to purpose, when contrasted with the great mass of powers retained by the State sovereignties! What a small subtraction from that mass! Even upon those roads and canals, the state govern- ments, according to our principles, would still exercise juris- diction over every possible case arising upon them, whether of crime or of contract, or any other human transaction, ex- cept only what immediately affected their existence and preservation. Thus defined, thus limited, and stript of all factitious causes of alarm, Mr. C. would appeal to the dis- passionate candour of gentlemen, to say if the power really presented any thing frightful in it? With respect to post roads, our adversaries admit the right of way in the general government. There had been, however, on this question, some instances of conflict, which had passed away without any serious difficulty. Connecticut, if he had been rightly informed, had disputed, at one period, the right of passage of the mail on the Sabbath. The general government per- sisted in the exercise of the right, and Connecticut herself, and every body else, have acquiesced in it. The gentleman from Virginia, (Mr. H. Nelson,^ has contended, Mr. C. continued, that I do not adhere, in the principles of construction which I apply to the constitution, to the republican doctrines of 1798, of which that gentleman would have us believe he is the constant disciple. Let me call the attention of the committee to the celebrated state paper to which we both refer for our principles in this re- spect — a paper which, although I had not seen it for sixteen years, until the gentleman had the politeness to furnish me with it during this debate, made such an impression on my mind, that I shall never forget the satisfaction with which I first perused it. I find that I had used, without having been aware of it, when I formerly addressed the committee, al- most the identical language employed by Mr. Madison in that paper. It will be recollected, that I claimed no right to exercise any power under the constitution, unless such power was expressly granted, or necessary and proper to carry into effect some granted power. I have not sought to derive the power from the clause which authorizes Con- gress to appropriate money. I have been contented with 110 ON INTERNAL IMPROVEMENT. endeavouring to show, that according to the doctrines of 1798, that according to the most rigid interpretation which any one will put upon the instrument, it is expressly given in one case, and fairly deducible in others. [Here Mr. C. read sundry passages from Mr. Madison's report to the Virginia legislature, in an answer to the resolutions of several States, concerning the alien and sedition laws, show- ing that there were no powers in the general government but what were granted, and that, whenever a power was claimed to be exercised by it, such power must be shown to be granted, or to be necessary and proper to carry into effect one of the specified powers.] It would be remarked, Mr. C. said, that Mr. Madison, in his reasoning on the constitution, had not employed the language fashionable during this debate; he had not said that an implied power must be absolutely necessary to carry into effect the specifi- ed power, to which it is appurtenant, to enable the general government to exercise it. No! Mr. C. said, this was a modern interpretation of the constitution. Mr. Madison had employed the language of the instrument itself, and had only contended that the implied power must be necessary and propej- to carry into effect the specified power. He had only insisted, that when Congress applied its sound judg- ment to the constitution, in relation to implied powers, it should be clearly seen that they were necessary and proper to effectuate the specified powers. — These, said Mr. Care my principles; but they are not those of the gentleman from Virginia and his friends on this occasion. They contend for a degree of necessity absolute and indispensable; that by no possibility could the power be otherwise executed. That there are two classes of powers in the constitution, Mr. C. believed never to have been controverted by an American politician. We can not foresee and provide specifically for all contingencies. Man and his language are both imperfect. Hence, the existence of construction, and of constructive powers. Hence also the rule that a grant of the end is a grant of the means. If you amend the constitution a thousand times, the same imperfection of our nature and our language will attend our new works. There are two dangers to which we are exposed. The one is, that the general government may relapse into the debility which existed in the old confederation, and finally dissolve from the want of cohesion. The denial to it of powers plainly ON INTERNAL IMPROVEMENT. m conferred, or clearly necessary and proper to execute the conferred powers, may produce this effect. And, i think, with great deference to the gentlemen on the other side, this is the danger to which their principles directly tend. The other danger is, that of consolidation by the assumption of powers not granted, nor incident to granted powers, or the assumption of powers which have been withheld or ex- pressly prohibited. This was the danger of the period of 1798 — 9. For instance — that in direct contradiction to a prohibitory clause of the constitution, a sedition act was passed; and an alien law was also passed, in equal violation of the spirit, if not of the express provisions of the con- stitution. It was by such measures that the federal party, (if parties might be named,) throwing off the veil, furnished to their adversaries the most effectual ground of opposition. If they had not passed those acts, he thought it highly pro- bable that the current of power would have continued to flow in the same channel; and the change of parties in 1801, so auspicious to the best interests of this country, as he be- lieved, would never have occurred. Mr. Clay begged the committee — he entreated the true friends of the confederated union of these States, to ex- amine this doctrine of State rights, and see to what abusive, if not dangerous, consequences it may lead, to what extent it had been carried, and how it had varied by the same State at different times. In alluding to the state of Mas- sachusetts, he assured the gentlemen from that State, and particularly the honourable chairman of the committee to whom the claim of Massachusetts had been referred, that he had no intention to create any prejudice against that claim. He hoped that, when the subject was taken up, it would be candidly and dispassionately considered, and that a decision would be made upon it consistent with the rights of the Union and of the State of Massachusetts. The high character, amiable disposition, and urbanity of the gentle- man, (Mr. Mason, of Massachusetts,) to whom he had alluded, would, if he had been otherwise inclined, prevent him from endeavouring to make impressions unfavourable to the claim, whose justice that gentleman stands pledged to manifest. But, in the period of 1798 — 9, what was the doctrine promulgated by Massachusetts? It was, that the States, in their sovereign capacities, had no right to ex- amine into the constitutionality or expediency of the mea- 112 ON INTERNAL IMPROVEMENT. sures of the general government. [Mr. C. here quoted several passages from the answer of the State of Massa- chusetts to the Virginia and Kentucky resolutions, concern- ing the alien and sedition laws, to prove his position.] We see here an express disclaimer, on the part of Massachu- setts, of any right to decide on the constitutionality or ex- pediency of the acts of the general government. But what was the doctrine which the same State, in 1813, thought proper to proclaim to the world, and that too when the Union was menaced on all sides? She not only claimed, but exercised, the right which in 1799 she had so solemnly disavowed. She claimed the right to judge of the propriety of the call made, by the general government, for her militia, and she refused the militia called for. There was so much plausibility in the reasoning employed by that State in sup- port of her modern doctrine of " State rights," that, were it not for the unpopularity of the stand she took in the late war, or had it been in other times and under other circum- stances, she would very probably have escaped a great por- tion of that odium which has most justly fallen to her lot. The constitution gives to Congress power to provide for calling out the militia to execute the laws of the Union, to suppress insurrections, and to repel invasions, and in no other cases. The militia was called out by the general government, during the late war, to repel invasion. Mas- sachusetts said, as you have no right to the militia but in certain contingencies, she was competent to decide whether those contingencies had or had not occurred. And, having examined the fact, what then? — She said, all was peace and quietness in Massachusetts; no non-execution of the laws — no insurrection at home — no invasion from abroad, nor any immediate danger of invasion. And, in truth, Mr. C. said, he believed there was no actual invasion for nearly two years after requisition. Under these circumstances, had it not been for the supposed motive of her conduct, he asked if the case which Massachusetts made out, would not be ex- tremely plausible? He hoped it not necessary for him to say, that it was very far from his intention to convey any thing like approbation of the conduct of Massachusetts. Nol his doctrine was, that the States, as States, have no right to oppose the execution of the powers which the general government asserts. Any State has undoubtedly the right to express its opinion, in the form of resolution or other- ON INTERNAL IMPROVEMENT. 113 wise, and to proceed, by constitutional means, to redress any real or imaginary grievance; but it has no right to withhold its military aid, when called upon by the high authorities of the general government, much less to obstruct the execu- tion of a law regularly passed. To suppose the existence of such an alarming right, is to suppose, if not disunion it- self, such a state of disorder and confusion, as must inevita- bly lead to it. Mr. C. said, that, greatly as he venerated the state which gave him birth, and much as he respected the judges of its supreme court, several of whom were his personal friends, he was obliged to think that some of the doctrines which that state had recently held concerning state rights, were fraught with much danger. Had those doctrines been asserted during the late war, a large share of the public dis- approbation which has been given to Massachusetts, might have fallen to Virginia. What were these doctrines? The courts of Virginia have asserted that they have a right to determine on the constitutionality of any law or treaty of the United States, and to expound them according to their own views, even if they should vary from the decision of the supreme court of the United States. They have as- serted more — that from their decision there could be no ap- peal to the supreme court of the United States; and that there exists in Congress no power to frame a law, obliging the court of the state, in the last resort, to submit its de- cision to the supervision of the supreme court of the United States; or if he did not misunderstand the doctrine, to withdraw from the state tribunals, controversies involv- ing the laws of the United States, and to place them before the federal judiciary. I am a friend, said Mr. C. a true friend, to state rights; but not in all cases as they are as- serted. The states have their appointed orbit; so has the union; and each should be confined within its fair, legiti- mate and constitutional sphere. We should equally avoid that subtle process of argument which dissipates into air the powers of this government, and that spirit of encroachment which would snatch from the states, powers not delegated to the general government. We shall thus escape both the dangers I noticed — that of relapsing into the alarming weak- ness of the confederation, which was described as a mere rope of sand, and also that other, perhaps not the greatest danger, consolidation. No man deprecates more than I do Q 114 ON INTERNAL IMPROVEMENT. the idea of consolidation; yet, between separation and con- solidation, painfnl as would be the alternative, he would greatly prefer the latter. Mr. Clay would now proceed to endeavour to discover the real difference in the interpretation of the constitution, between the gentlemen on the other side and himself. It was agreed that there was no power in the general govern- ment but that which is expressly granted, or which is im- pliable from an express grant. The difference then must be in the application of this rule. The gentleman from Virginia, who had favoured the House with so able an argument on the subject, had conceded, though somewhat reluctantly, the existence of incidental powers, but he con- tended that they must have a direct and necessary relation to some specified power. Granted. But who is to judge of this relation? And what rule can you prescribe different from that which the constitution has required, that it should be necessary and proper? Whatever may be the rule, in whatever language you may choose to express it, there must be a certain degree of discretion left to the agent who is to apply it. But gentlemen are alarmed at this discretion; that law of tvrants, to which they contend there is no limita- tion. It should be observed, in the first place, that the gentlemen are necessarily brought, by the very course of reasoning which they themselves employ, by all the rules which they would lay down for the constitution, to cases where discretion must exist. But is there no limitation, no security against the abuse of it? Yes, there is such security in the fact of our being members of the same so- ciety, equally affected ourselves by the laws we promulgate. There is the further security in the oath which is taken to support the constitution, and which will tend to restrain Congress from deriving powers which are not proper and necessary. There is the yet further security, that, at the end of every two years, the members must be amenable to the people for the manner in which their trust has been per- formed. And there remains also that further, though awful security, the last resort of society, which he contended belonged alike to the people and to the states in their sovereign capacity, to be exercised in extreme cases, and when oppression becomes intolerable — the right of resis- tance. Take the gentleman's own doctrine, (Mr. Barbour,) ithe most restricted which had been asserted, and what other ON INTERNAL IMPROVEMENT. 115 securities have we against the abuse of power, than those which I have enumerated? Say that there must be an ab- solute necessity to justify the exercise of an implied power, who is to define that absolute necessity, and then to apply it? Who is to be the judge? Where is the security against transcending that limit? The rule the gentleman contends for, has no greater security than that insisted upon by us. It equally leads to the same discretion, a sound discretion, exercised under all the responsibility of a solemn oath, of a regard to our fair fame, of a knowledge that we are our- selves the subjects of those laws which we pass, and lastly, of the right of resisting insupportable tyranny. And by way of illustration, Mr. C. said, that, if the sedition act had not been condemned by the indignant voice of the com- munity, the right of resistance would have accrued. If Congress assumed the power to control the right of speech, and to assail, by penal statutes, that greatest of all the bul- warks of liberty, the freedom of the press, and there were no other means to arrest their progress, but that to which he had referred, lamentable as would be the appeal, such a monstrous abuse of power, he contended, would authorize a recurrence to that right. If, then, the gentlemen on the other side and himself differed so little in their general principles, as he thought he had shown, he would proceed for a few moments, to look at the constitution a little more in detail. I have con- tended, said Mr. C- that the power to construct post roads, is expressly granted in the power to establish post roads. If it be, there is an end of the controversy; but if not, the next inquiry is, whether that power may be fairly deduced by implication, from any of the specified grants of power. To show that the power is expressly granted, I might safely appeal to the arguments already used, to prove that the word establish ^ in this case, can mean only one thing — the right of making. Several gentlemen had contended that the word had a diflferent sense; and one had resorted to the preamble of the constitution to show that the phrase " to establish justice,'' there used, did not convey the power of creation. If the word " establish" was there to be taken in the sense which gentlemen claimed for it, that of adoption or designation, Congress could have had a choice only of systems of justice pie-existing. Would any gentleman con- tend that they were obliged to take the Justinian code, the 116 ON INTERNAL IMPROVEMENT. Napoleon code, the code of civil, or the code of common or canon law? Establishment means, in the preamble, as in other cases, construction, formation, creation. Let me ask, in all cases of crime, which are merely malum prohzbitum^ if you do not resort to construction, to creating, when you make the offence? By your laws denouncing certain acts as criminal offences, laws which the good of society required you to pass, and to adapt to our peculiar condition, vou do construct and create a system of rules, to be administered by the judiciary. But gentlemen say that the word cannot mean moke; that you would not say, for example, to establish a ship, to establish a chair. In the application of this, as of all other terms, you must be guided by the nature of the subject; and if it cannot be properly used in all cases, it does not follow that it cannot be in any. And when we take into consideration, that, under the old articles of con- federation. Congress had over the subject of post roads just as much power as gentlemen allow to the existing govern- ment, that it v/as the general scope and spirit of the new constitution to enlarge the powers of the general govern- ment, and that, in fact, in this very clause, the power to establish post offices, which was alone possessed, by the former government, he thought that he might safely con- sider the argument, on this part of the subject, as success- fully maintained. With respect to military roads, the con- cession that they may be made when called for by the emergency, is admitting that the constitution conveys the power. And we may safely appeal to the judgment of the candid and enlightened, to decide between the wisdom of these two constructions, of which one requires you to wait for the exercise of your power until the arrival of an emer- gency, which may not allow you to exert it; and the other, ■without denying you the power, if you can exercise it during the emergency, claims the right of providing before- hand against the emergency. One member had stated what appeared to him a con- clusive argument against the power to cut canals, that he had understood that a proposition made in the convention to insert such a power, was rejected. To this argument more than one sufficient answer could be made. In the first place the fact itself had been denied, and he had never yet seen any evidence of it. But suppose that the proposition had been made and overruled, unless the motives of the refusal ON INTERNAL IMPROVEMENT. 117 to insert It were known, gentlemen were not authorized to draw the inference, that it was from hostility to the power, or from a desire to withhold it from Congress, Might not one of the objections be, that the power was fairly to be in- ferred from some of the specific grants of power, and that it was therefore not necessary to insert the proposition: that to adopt it indeed might lead to weaken or bring into doubt other incidental powers not enumerated? A member from New- York, (Mr. Storrs,) whose absence Mr. C regretted on this occasion, not only on account of the great aid which might have been expected from him, but from the cause of that absence, had informed him that, in the convention of that state, one of the objections to the constitution by the anti federalists was, that it was understood to convey to the general government, the power to cut canals. How often, in the course of the proceedings of this house, do we reject amendments, upon the sole ground that they are not neces- sary, the principle of the amendment being already contained in the proposition! Mr. C. referred to the Federalist, for one moment, to show that the only notice taken of that clause of the con- stitution which relates to post roads, was favourable to his construction. The power, that book said, must always be a harmless one> He had endeavoured to show not only that it was perfectly harmless, but that every exercise of it must be necessarily beneficial. Nothing which tends to facilitate intercourse among the states, says the Federalist, can be unworthy of the public care. What intercourse? Even if restricted on the narrowest theory of gentlemen, on the other side, to the intercourse of intelligence, they deny that to us, since they will not admit that we have the power to repair or improve the way, the right of which they yield us. In a more liberal and enlarged sense of the word, it will com- prehend all those various means of accomplishing the object, which are calculated to render us a homogeneous people — • one in feeling, m interest, and affection; as we are one in our political relation. Was there not a direct and intimate relation between the power to make war and military roads and canals? It was in vain that the convention should have confided to the general government the tremendous power of declaring war — should have imposed upon it the duty to employ the whole physical means of the nation, to render the war, what- 118 ON INTERNAL IMPROVEMENT. ever may be its character, successful and glorious; if the power is withheld of transporting and distributing those means. Let us appeal to facts, which are sometimes worth volumes of theory. We have recently had a war raging on all the four quarters of the Union. The only circumstance, which gave me pain at the close of that war, the detention of Moose Island, would not have occurred, if we had pos- sessed military roads. Why did not the Union — why did not Massachusetts, make a struggle to reconquer the island? Not for the want of men; nut for the want of patriotism, he hoped; but from the want of physical ability to march a force sufficient to dislodge the enemy. On the north- western frontier, millions of money, and some of the most precious blood of the state from which I have the honour to come, were wasrefuUy expended for the want of such roads. My honourable friend from Ohio, (Gen. Harrison,) who commanded the armv in that quarter, could furnish a volume of evidence on this subject. What now paralizes our arms on the southern frontier, and occasioned the recent mas- sacre of fifty of our brave soldiers? What but the want of proper means for the communication of intelligence, and for the transportation of our resources from point to point? Whether we refer to our own experience, or to that of other countries, we cannot fail to perceive the great value of military roads. Those great masters of the world, the Romans, how did they sustain their power so many cen- turies, diffusing law and liberty, and intelligence, all around them? They made permanent military roads; and among the objects of interest, which Europe now presents, are the remains of those Roman roads which are shown to the curious inquirer. If there were no other monument re- maining of the sagacity, and of the illustrious deeds of the unfortunate captive of St. Helena, the internal improve- ments which he made, the road from Hamburgh to Basle, would perpetuate his memory to future ages. In making these allusions, let me not be misunderstood. I do not de- sire to see military roads established for the purpose of conquest, but of defence; and as a part of that preparation which should be made in a season of peace for a season of war, I do not wish to see this country ever in that complete state of preparation for war, for which some contend; that is, that we should constantly have a large standing army, well disciplined, and always ready to act. I want to see ON INTERNAL IMPROVEMENT. HO the bill, reported by my friend from Ohio, or some other embracing an effective militia system, passed into a law; and a chain of roads and canals, by the aid of which our physical means can be promptly transported to any required point. These, connected with a small military establish- ment to keep up our forts and garrisons, constitute the kind of preparation for war, which, it appeared to him, this country ought to make. No man, who has paid the least attention to the operations of modern war, can have failed to remark how essential good roads and canals are to the success of those operations. How often have battles been won by celerity and rapidity of movement? It was one of the most essential circumstances in war. But, without good roads, it was impossible! He recalled to the recollection of some of the members, the fact that, in the Senate, several years ago, an honourable friend of his, (Mr. Bayard,) whose premature death he ever deplored — who was an ornament to the councils of his country; and whom, when abroad, he found the able and fearless advocate of her rights — had, in supporting a subscription which he proposed the United States should make to the stock of the Delaware and Chesa- peake canal company, earnestly recommended the measure as connected with our operations in war. I listened to my friend with some incredulity, and thought he pushed his argument too far. I had, soon after, a practical evidence of its justness. For, in travelling from Philadelphia, in the fall of 1813, 1 saw transporting, by government, from Elk river to the Delaware, large quantities of massy timbers for the construction of the Guerriere or the Franklin, or both; and judging from the number of wagons and horses, and the number of days employed, I believe the additional ex- pense of that single operation, would have gone very far to complete that canal, whose cause was espoused with so much eloquence in the Senate, and with so much effect, too; bills having passed that body more than once to give aid, in some shape or other, to that canal. With notorious facts like this, was it obvious that a line of military canals was not only necessary and proper, but almost indispensable to the war-making power? One of the rules of construction, Mr. C. continued, which had been laid down, he acknowledged his incapacity to comprehend. Gentlemen say that the power in question is a substantive power; and that no substantive power could 120 ON INTERNAL IMPROVEMENT. be derived by implication. What is their definition of a substantive power? Will they favour us with the principle of discrimination between powers which, being substantive, are not grantable but by express grant, and those which, not being substantive, may be conveyed by implication? Al- though he did not perceive why this power was more en- titled than many implied powers to the denomination of substantive, suppose that he yielded, how did gentlemen prove that it may not be conveyed by implication? If the positions were maintained, which have not yet been proven, that the power is substantive, and that no substantive power can be implied, yet he trusted it had been satisfactorily shown that there was an express grant. His honourable friend from Virginia (Mr. Nelson) had denied the operation of executive influence on his mindj and had informed the committee, that from that quarter he had nothing to expect, to hope, or to fear. [ did not im- pute to my honourable friend any such motive; I know his independence of chaiacter and of mind, too well to do so. But, 1 entreat him to reflect, if he dots not expose himself to such an imputation by those kss friendly disposed to- wards him than myself. Let us look a little at facts. The president recommended the establishment of a bank. If ever there were a stretch of the implied powers, conveyed by the constitution, it has been thoucht that the grant of the charter of the National Bank was one. But the presi- dent recommends it. Where was then my honourable friend, the friend of state rights, who so pathetically calls upon us to repent, in sackcloth and ashes, our meditated violation of the constitution; and who kindlv expresses his hope that zve shall be made to feel the public indignation? Where was he at this awful epoch? Where was that elo- quent tongue which we have now heard with so much plea- sure? Silent! silent as the grave. [Mr. N. said, across the house, that he voted against the bank bill, when first recommended.] Alas! said Mr. C. my honourable friend had not the heart to withstand a second recommendation from the presi- dent: but, when it came, yielded, no doubt, most reluctantly to the executive wishes, and voted for the bank. At the last session of Congress, Mr. Madison recommends (and I will presently make some remarks on that subject,) an ex- ercise of all the existing powers of the general government ON INTERNAL IMPROVEMENT. 121 to establish a comprehensive system of internal improve- ments. Where was my honourable friend on that occasion? Not silent as the grave, but he gave a negative vote almost as silent. No effort was made on his part, great as he is when he exerts the powers of his well stored mind, to save the commonwealth from that greatest of all calamities, a system of internal improvement. No, although a war with all the allies, he now thinks, would be less terrible than the adoption of this report, not one word then dropt from his lips against the measure. [Mr. Nelson said he voted against the bill.] That he whispered out an unwilling nega- tive, Mr. C. did not deny; but it was unsustained by that torrent of eloquence which was poured out on the present occasion. But, said Mr. C. we have an executive message now, not quite as ambiguous in its terms, nor as oracular in its meaning, as that of Mr. Madison appears to have been. No! the president now says, that he has made great efforts to vanquish his objections to the power, and that he cannot but believe that it does not exist. Then my honourable friend rouses, thunders forth the danger in which the con- stitution is, and sounds aloud the tocsin of alarm. Far from insinuating that he is at all biassed by the executive wishes, I appeal to his candour to say, if there is not a remarkable coincidence between his zeal and exertions, and the opinions of the chief magistrate? Now let us review those opinions, as communicated at different periods. It was the opinion of Mr. Jefferson, that, although there was no general power vested, by the con- stitution, in Congress, to construct roads and canals, with- out the consent of the states, yet such a power might be ex- ercised with their assent. Mr. Jefferson not only held this opinion in the abstract, but he practically executed it, in the instance of the Cumberland road, and how? First by a compact made with the state of Ohio, for the application of a specified fund, and then by compacts with Virginia, Pennsylvania and Maryland, to apply the fund so set apart within their respective limits. If, however, I rightly un- derstood my honourable friend, the other day, he expressly denied, (and in that I concur with him,) that the power could be acquired by the mere consent of the state. Yet he defended the act of Mr. Jefferson, in the case referred to. [Mr. Nelson expressed his dissent to this statement of his argument.] Mr. C. said it was far from his intention R 122 ON INTERNAL IMPROVEMENT. to mis-state the gentleman. He certainly had understood him to say, that, as the road was first stipulated for in the compact with Ohio, it was competent afterwards to carry it through the states mentioned, with their assent. Now, if we have not the right to make a road in virtue of one com- part made with 3 single state, can we obtain it by two con- tracts made with several states? The character of the fund could not affect the question. It was totally immaterial whether it arose from the sales of the public lands or from the general revenue. Suppose a contract, made with Mas- sachusetts, that a certain portion of the revenue, collected at the port of Boston from foreign trade, should be ex- pended in making roads and canals leading to that state; and that a subsequent compact should be made with Con- necticut, or New-Hampshire, for the expenditure of the fund on these objects within their limits. Can we acquire the power, in this manner, over internal improvements, if we do not possess it independently of such compacts? He conceived clearly not. And he was entirely at a loss to comprehend how gentlemen, consistently with their own principles, could justify the erection of the Cumberland road. No man, he said, was prouder than he was, of that noble monument of the provident care of the nation, and of the public spirit of its projectors; and he trusted, that, in spite of all constitutional and other scruples, here or else- where, an appropriation would be made to complete that road. He confessed, however, freely, that he was entirely unable to conceive of any principle on which that road could be supported, that would not uphold the general power con- tended for. He would now examine the opinion of Mr. Madison. Of all the acts of that pure, virtuous and illustrious states- man, whose administration has so powerfully tended to ad- vance the glory, honour and prosperity of this country, he most regretted, for his sake and for the sake of the country, the rejection of the bill of the last session. He thought it irreconcileable with Mr. Madison's own principles — those great, broad and liberal principles, on which he so ably ad- ministered the government. And, sir, said Mr. C when I appeal to the members of the last Congress, who are now in my hearing, I am authorized to say, with regard to the majority of them, that no circumstance, not even an earth- quake that should have swallowed up one half of this city, ON INTERNAL IMPROVEMENT. 123 could have excited more surprise than when it was first communicated to this house, that Mr. Madison had re- jected his own bill — I say his own bill: for his message at the opening of the session meant nothing, if it did not re- commend such an exercise of power as was contained in that bill. My friend, who is near me, (Mr. Johnson, of Virginia,) the operations of whose vigorous and indepen- dent mind depend upon his own internal perceptions, has expressed himself with a becoming manliness, and thrown aside the authority of names, as having no bearing with him on the question. But their authority has been refer- red to, and will have influence with others. It was im- possible, moreover, to disguise the fact, that the question is now a question between the executive on the one side, and the representatives of the people on the other. So it is un- derstood in the country, and such is the fact. Mr. Madi- son enjoys, in his retreat at Montpelier, the repose and the honours due to his eminent and laborious public services; and I would be among the last to disturb it. However painful it is to me to animadvert upon any of his opinions, I feel perfectly sure, that the circumstance can only be view- ed by him with an enlightened liberality. What are the opinions which have been expressed by Mr. Madison on this subject? I will not refer to all the messages wherein he has recommended internal improvements; but to that alone which he addressed to Congress at the commence- ment of the last session, which contains this passage: " I particularly invite again the attention of Congress to the expediency of exercising their existing- powers, and, where necessary, of resorting to the prescribed mode of enlarging them, in order to eff^ectuate a comprehensive sijstein of roads and canals, such as will have the effect of drawing more closely together every part of our country, by promoting intercourse and improvements, and by increasing the share of every part in the common stock of national prosperity." In the examination of this passage, two positions forced themselves upon our attention. The first was, the asser- tion, that there are existing powers in Congress to effectuate a comprehensive system of roads and canals, the effect of which would be to draw the different parts of the country more closely together. And I would candidly admit, in the second place, that it was intimated, thai in the exercise of those existing powers, some detect niight be discovered, 124 ON INTERNAL IMPROVEMENT. which would render an amendment of the constitution necessary. Nothing could be more clearly affirmed than the first position; but in the message of Mr. Madison re- turning the bill, passed in consequence of his recommenda- tion, he has not specified a solitary case to which those ex- isting powers are applicable; he hns not told us what he meant by those existing powers; and the general scope of his reasoning, in that message, if well founded, proved that there were no existing powers whatever. It was apparent that Mr. Madison himself had not examined some of those principal sources of the constitution from which, during this debate, the power had been derived. I deeply regret, and I know that Mr. Madison regretted, that the circum- stances under which the bill was presented him, (the last day but one of a most busy session,) deprived him of an op- portunity of that thorough investigation, of which no man is more capable. It is certain, that, taking his two mes- sages at the same session together, they are perfectly ir- reconcileable. What, moreover, was the nature of that bill? It did not apply the money to any specific object of internal improvement, nor designate any particular mode in which it should be applied, but merely set apart and pledged the fund to the general purpose, subject to the future dis- position of Congress. If, then, there were any supposable case whatever, to which Congress might apply money in the erection of a road, or cutting a canal, the bill did not violate the constitution. And it ought not to have been anticipated, that money constitutionally appropriated by one Congress, would afterwards be unconstitutionally ex- pended by another. I come now, said Mr. C. to the message of Mr. Monroe; and it, by the communication of his opinion to Congress, he intended to prevent discussions, he has most wofuUy failed, I know that, according to a most venerable and excellent usage, the opinion, neither of the president nor of the senate, upon any proposition depending in this house, ought to be adverted to. Even in the parliament of Great Britain, a member who would refer to the opinion of the sovereign, in such a case, would be instantly called to order: but under the extraordinary circumstances of the president having, with, I have no doubt, the best motives, volunteer- ed his opinion on this head, and inverted the order of legis- lation by beginning where it should end, I am compelled, ON INTERNAL IMPROVEMENT. 125 most reluctantly, to refer to that opinion. I cannot but deprecate the practice of which the president has, in this instance, set the example to his successors. The constitu- tional order of legislation supposes that every bill originat- ing in one house, shall be there deliberately investigated, without influence from any other branch of the legislature; and then remitted to the other house for a like free and un- biassed consideration. Having passed both houses, it is to be laid before the president; signed, if approved, and, if disapproved, to be returned, with his objections, to the originating house. In this manner, entire freedom of thought and of action is secured, and the president finally sees the proposition in the most matured form which Con- gress can give to it. The practical effect, to say no more, of forestalling the legislative opinion, and telling us what we may or may not do, will be to deprive the president himself of the opportunity of considering a proposition so matured, and us of the benefit of his reasoning applied specifically to such proposition. For the constitution fur- ther enjoins it upon him to state his objections upon re- turning the bill. The originating house is then to recon- sider it, and deliberately to weigh those objections; and it is further required, when the question is again taken, shall the bill pass, those objections notwithstanding? that the votes shall be solemnly spread, by ayes and noes, upon the record. Of this opportunity of thus recording our opinions, on matters of great public concern, we are deprived, if we submit to the innovation of the president. I will not press this part of the subject further. I repeat, again and again, that I have no doubt but that the president was actuated by the purest motives. I am compelled, however, in the exercise of that freedom of opinion, which, so long as I exist, I will maintain, to say that the proceeding is irregular and unconstitutional. Let us, however, examine the rea- soning and opinion of the president. [Mr. C. here quoted the passage of the message at the opening of the session, which follows:] " A difference of opinion has existed from the first forma- tion of our constitution to the present time, among our most enlightened and virtuous citizens, respecting the right of Congress to establish such a system of improvement. Taking into view the trust with which I am now honoured, it would be improper, after what has passed, that this dis- 126 ON INTERNAL IMPROVEMENT. cussion should be revived, with an uncertainty of my opi- nion respecting the right. Disregarding early impressions, I have bestowed on the subject all the deliberation which its great importance and a just sense of my duty required, and the result is, a settled conviction in my mind that Con- gress do not possess the right. It is not contained in any of the specified powers granted to Congress; nor can I con- sider it incidental to, or a necessary mean, viewed on the most liberal scale, for carrying into effect any of the powers which are specifically granted. In communicating this re- sult, I cannot resist the obligation which I feel, to suggest to Congress the propriety of recommending to the states the adoption of an amendment to the Constitution, which shall give the right in question. In cases of doubtful con- struction, especially of such vital interest, it comports with the nature and origin of our institutions, and will contribute much to preserve them, to apply to our constituents for an explicit grant of the power. We may confidently rely, that, if it appears to their satisfaction that the power is necessary, it will always be granted." In this passage, the president has furnished us with no reasoning, no argument, in support of his opinion — nothing addressed to the understanding. He gives us, indeed, aa historical account of the operations of bis own mind, and he asserts that he has made a laborious effort to conquer his early impressions, but that the result is a settled con- viction against the power, without a single reason. In his position, that the power must be specifically granted, or in- cident to a power so granted, it has been seen that I have the honour to entirely concur with him; but he says the power is not among the specified powers. Has he taken into consideration the clause respecting post roads, and told us how and why that does not convey the power? If he had acted within what I conceive to be his constitutional sphere of rejecting the bill, after it had passed both houses, he must have learnt that great stress was placed on that clause, and we should have been enlightened by his com- ments upon it. As to his denial of the power, as an inci- dent to any of the express grants, Mr. C. said, he would have thought that we might have safely appealed to the ex- perience of the president, during the late war, when the country derived so much benefit from his judicious ad- ministration of the duties of the war department, whether ON INTERNAL IMPROVEMENT. i27 roads and canals for military purposes were not essential to celerity and successful result in the operations of armies. This part of the message was all assertion, and contained no argument which he could comprehend, or which met the points contended for during this debate. Allow me here, said Mr. C. to say, and I do it without the least disrespect to that branch of the government, on whose opinions and acts it has been rendered my painful duty to comment; let me say, in reference to any man, however elevated his sta- tion, even if he be endowed with the power and preroga- tives of a sovereign, that his acts are worth infinitely more, and are more intelligible, than mere paper sentiments or declarations. And what have been the acts of the presi- dent? During his tour of the last summer, did he not order a road to be cut or repaired from near Plattsburg to the St. Lawrence? And my honourable friend will excuse me, if my comprehension is too dull to perceive the force of that argument which seeks to draw a distinction between repairing an old and making a new road. [Mr. Nelson said he had not drawn that distinction, having only stated the fact.] Certainly no such distinction was to be found in the constitution, or existed in reason. Grant, however, the power of reparation, and we will make it do. We will take the post roads, sinuous as they are, and put them in a condition to enable the mails to pass, without those mortify- ing and painful delays and disappointments, to which we, at least in the west, are so often liable. The president then, ordered a road of considerable extent to be construct- ed or repaired, on his sole authority, in a time of profound peace, when no enemy threatened the country, and when, in relation to the power as to which alone that road could be useful in time of war, there existed the best understand- ing, and a prospect of lasting friendship greater than at any former period. On his sole authority the president acted, and we are already called upon by the chairman of the committee of ways and means to sanction the act by an ap- propriation. This measure has been taken, too, without the consent of the state of New- York; and what is wonder- ful, when we consider the magnitude of the state rights which are said to be violated, Vt^ithout even a protest on the part of that state against it. On the contrary, I under- stand, from some of the military officers who are charged with the execution of the work, what is very extraordinary,* 128 ON INTERNAL IMPROVEMENT. that the people, through whose quarter of the country the road passes, do not view it as a national calamity; that they would be very glad that the president would visit them often, and thai he would order a road to be cut and im- proved, at the national expense, every time he should visit them. Other roads, in other parts of the Union, have, it seems, been likewise ordered, or their execution, at the public expense, sanctioned, by the executive, without the concurrence of Congress. If the president has the power to cause those public improvements to be executed, at his pleasure, whence is it derived? If any member will stand up in his place and say, the president is clothed with this authority, and that it is denied to Congress, let ua hear from himj and let him point to the clause of the constitution, which vests it in the executive and withholds it from the legislative branch. There is no such clause; there is no such exclusive executive power. The power is derivable by the executive only from those provisions of the constitution, which charge him with the duties of commanding the physical force of the country, and the employment of that force in war, and the preservation of the public tranquillity, and in the execu- tion of the laws. But Congress has paramount power to the president. It alone can declare war, can raise armies, can provide for calling out the militia, in the specified in- stances, and can raise and appropriate the ways and means necessary to these objects. Or is it come to this, that there are to be two rules of construction for the constitution^ one, an enlarged rule, for the executive — and another, a re- stricted rule, for the legislature? Is it already to be held, that, according to the genius and nature of our constitu- tions, powers of this kind may be safely entrusted to the executive, but, when attempted to be exercised by the legislature, are so alarming and dangerous, that a war with all the allied powers would be less terrible, and that the nation should clothe itself straightway in sackcloth and ashes? No, sir, it the power belongs only by implication to the chief magistrate, it is placed both by implication and express grant in the hands of Congress. I am so far from condemning the act of the president, to which I have re- ferred, that I think it deserving of high approbation. That it was within the scope of his constitutional authority, I have no doubt: and 1 sincerely trust that the secretary at ON INTERNAL IMPROVEMENT. jaQ War will, in time of peace, constantly employ in that way, the military force. It will, at the same time, guard that force against the vices incident to indolence and inaction, and correct the evil of subtracting from the mass of the labour of society, where labour is more valuable than in any- other country, that portion of it which enters into the com- position of the army. Bat I most solemnly protest against any ext-rcise of powers of this kind, by the president, which art- denied to Congress. And, if the opinions expressed by him, in his message, were communicated, or are to be used here, to influence the judgment of the house, their authority is more than countervailed by the authority of his deliberate acts. Some principles drawn from political economists have been alluded to, and we are advised to leave things to them- selves, upon the ground that, when the condition of society IS ripe for internal improvements, that is, when capital can be, so invested with a fair prospect of adequate remunera- tion, they will be executed by associations of individuals, unaided by government. With my friend from South Carolina, (Mr. Lowndes,) I concur in this as a general maxim; and I also concur with him, that there are excep- tions to it. The foreign policy which I think this country ought to adopt, presents one of those exceptions. It would perhaps be better for mankind, if, in the intercourse be- tween nations, all would leave skill and industry to their unstimulated exertions. But this is not done; and if other powers will incite the industry of their subjects, and depress that of our citizens, in instances where they may come into competition, we must imitate their selfish example. Hence the necessity to protect our manufactures. In regard to internal improvements, it did not always follow that they would be constructed whenever they would afford a com- petent dividend upon the capital invested. It may be true generally, that, in old countries, where there is a great ac- cumulation ot surplus capital, and a consequent low rate of interest, they would be made. But in a new country, the condition of society may be ripe for public works long before there is, in the hands of individuals, the necessary accumulation of capital to effect them; and, besides, there is generally, in such a country, not only a scarcity of capital, but such a multiplicity of profitable objects presenting them- selves as to distract the judgment. Further — th? ;;ggregate S 130 ON INTERNAL IMPROVEMENT. benefit resulting to the whole society, from a public im- provement, may be such as to amply justify the investment of capital in its execution; and yet that benefit may be so distributed among diiferent and distant persons, as that they can never be got to act in concert. The turnpike roads wanted to pass the Allegany mountains, and the Delaware and Chesapeake canal, are objects of this de- scription. Tiiose who would be most benefited by these improvements, reside at a considerable distance from the sites of them; many of those persons never have seen and never will see them. How is it possible to regulate the contributions, or to present to individuals so situated, a sufficiently lively picture of their real interests to get them to make exertions, in effecting the object, commensurate with their respective abilities? I think it very possible that the capitalist, who should invest his money in one of those objects, might not be reimbursed three per centum annually upon it. And yet society, in various forms, might actually reap fifteen or twenty per centum. The benefit resulting from a turnpike road, made by private associations, is divided between the capitalist who receives his tolls, the lands through which it passes, and which are augmented in their value, and the commodities whose value is enhanced by the diminished expense of transportation. A combination upon any terms, much less a just combination, of all these in- terests to effect the improvement, is impracticable. And if you await the arrival of the period when the tolls alone can produce a competent dividend, it is evident that you will have to suspend its execution until long after the gene- ral interests of society would have authorized it. Again, improvements made by private associations are generally made by the local capital. But ages must elapse before there will be concentrated in certain places, where the interests of the whole community may call for improve- ments, sufficient capital to make them. The place of the improvement too is not always the most interested in its accomplishment. Other parts of the union — the whole line of the seaboard — are quite as much, if not more, in- terested in the Delaware and Chesapeake canal, as the small tract of country through which it is proposed to pass. The same observation will apply to turnpike roads passing through the Allegany mountain. Sometimes the interest of the place of the improvement, is adverse to the improve - ON INTERNAL IMPROVEMENT. 131 ment and to the general interest. He would cite Louisville, at the rapids of the Ohio, as an example, whose interest will probably be more promoted by the continuance, than the removal of the obstruction. Of all the modes in which a government can employ its surplus revenue, none is more permanently beneficial than that of internal improvement. Fixed to the soil, it becomes a durable part of the land it- self, diffusing comfort and activity and animation on all sides. The first direct effect was on the agricultural com- munity, into whose pockets came the difference in the expense of transportation, between good and bad ways. Thus, if the price of transporting a barrel of flour by the erection of the Cumberland turnpike should be lessened two dollars, the producer of the article would receive that two dollars more now than formerly. But, putting aside all pecuniary considerations, there may be political motives sufficiently powerful alone to justify certain internal improvements. Does not our country pre- sent such? How are they to be effected, if things are left to themselves? I will not press the subject further. I am but too sensible how much I have abused the patience of the committee, by trespassing so long upon its attention. The magnitude of the question, and the deep interest I feel in its rightful decision, must be my apology. We are now making the last effort to establish our power; and I call on the friends of Congress, of this house, or the true friends of state rights, (not charging others with intending to oppose them,) to rally round the constitution, and to support, by their votes on this occasion, the legitimate powers of the legislature. If we do nothing this session but pass an ab- stract resolution on the subject, I shall, under all circum- stances, consider it a triumph for the best interests of the country, of which posterity will, if we do not, reap the benefit. I trust, that by the decision which shall be given, we shall assert, uphold and maintain, the authority of Con- gress, notwithstanding* all that has been or may be said against it. 132 ON THE SEMINOLK WAR. Speech on the Seminole War^ delivered in the House of Re-- presentatives, January. 1819. Mr. Chairman, "" ' In rising to address you, sir, on the very interesting sub- ject which now engages the attention of congress, I must be allowed to say, that all inferences drawn fiom the course, which it will be my painful duty to take in this discussion, of unfriendlmess either to the chief magistrate of the coun- try, or to the illustrious military chieftain, whose operations are under investigation, will be wholly unfounded. Towards that distinguished captain, who shed so much glory on our country, whose renown constitutes so great a portion of its moral property, I never had, I never can have any other feelings than those of the most profound respect, and of the utmost kindness. With him my acquaintance is very limited, but, so far as it has extended, it has been of the most ami- cable kind. I know, said Mr. C. the motives which have been, and which will again be attributed to me, in regard to the other exalted personage alluded to. They have been, and will be unfounded. I have no interest, other than that of seeing the concerns of my country well and happily ad- ministered. It is infinitely more gratifying to behold the prosperity of my country advancing by the wisdom of the measures adopted to promote it, than it would be to expose the errors which may be committed, if there be any, in the conduct of its affairs. Mr. C. said, little as had been his experience in public life, it had been sufficient to teach him that the most humble station is surrounded by difficulties and embarrassments. Rather than throw obstructions in the way of the president, he would precede him, and pick out those, if he could, which might jostle him in his progress — he would sympathize with him in his embarrassments and commiserate with him in his misfortunes. It was true, that it had been his mortification to differ with that gentleman on several occasions. He might be again reluctantly com- pelled to differ with him; but he would with the utmost sincerity assure the committee that he had formed no reso- lution, come under no engagements, and that he never would ON THE SEMINOLE WAR. I33 form any resolution, or contract any engagements, for sys- tematic opposition to his administration, or to that of any other chief magistrate. Mr. Clay begged leave further to premise that the sub- ject under consideration, presented two distinct aspects, susceptible, in his judgment, of the most clear and precise discrimination. The one he would call its foreign, the other its domestic aspect. In regard to the first, he would say, that he approved entirely of the conduct of his government, and that Spain had no cause of complaint. Having violated an important stipulation of the treaty of 1795, that power had justly subjected herself to all the consequences which ensued upon the entry into her dominions, and it belonged not to her to complain of those measures which resulted from her breach of contract; still less had she a right to ex- amine into the considerations connected with the domestic aspect of the subject. What were the propositions before the committee? The first in order was that reported by the military committee, which asserts the disapprobation of this house, of the pro- ceedings in the trial and execution of Arbuthnot and Am- brister. The second, being the first contained in the pro- posed amendment, was the consequence of that disapproba- tion, and contemplates the passage of a law to prohibit the execution hereafter, of any captive, taken by the army, with- out the approbation of the president. The third proposition was, that this house disapproves of the forcible seizure of the Spanish posts, as contrary to orders, and in violation of the constitution. The fourth proposition, as the result of the last, is, that a law should pass to prohibit the march of the army of the United States, or any corps of it, into any foreign territory, without the previous authorization of congress, except it be in fresh pursuit of a defeated enemy. The first and third were general propositions, declaring the sense of the house, in regard to the evils pointed out: and the second and fourth proposed the legislative remedies against the recurrence of those evils. It would be at once perceived, Mr. C. said, by this sim- ple statement of the propositions, that no other censure was proposed against general Jackson himself, than what was merely consequential. His name even did not appear in any one of the resolutions. The legislature of the country, in reviewing the state of the union, and considering the events J 34 ON THE SEMINOLE WAR. which have transpired since its last meeting, finds that par- ticular occurrences, of the greatest moment, in many res- pects, had taken place near our southern border. He would add, that the house had not sought, by any officious inter- ference with the duties of the executive, to gain jurisdic- tion over this matter. The president, in his message at the opening of the session, communicated the very information on which it was proposed to act. He would ask, for what purpose? That we should fold our arms and yield a tacit acquiescence, even if we supposed that information disclosed alarming events, not merely as it regards the peace of the country, but in respect to its constitution and character? Impossible. In communicating these papers, and voluntarily calling the attention of congress to the subject, the president must himself have intended that we should apply any rem- edy that we might be able to devise. Having the subject thus regularly and fairly before us, and proposing merely to collect the sense of the house upon certain important transactions which it discloses, with the view to the passage of such laws as may be demanded by the public interest, he repeated, that there was no censure any where, except such as was strictly consequential upon our legislative ac- tion. The supposition of every new law, having for its ob- ject to prevent the recurrence of evil, is, that something has happened which ought not to have taken place, and no other than this indirect sort of censure would flow from the resolutions before the committee. Having thus given his view of the nature and character of the propositions under consideration, Mr. C. said, he was far from intimating, that it was not his purpose to go into a full, a free, and a thorough investigation of the facts, and of the principles of law, public, municipal and consti- tutional, involved in ihem. And, whilst he trusted he should speak with the decorum due to the distinguished officers of the government, whose proceedings were to be examined, he should exercise the independence which belonged to him as a representative of the people, in freely and fully sub- mitting his sentiments. In noticing the painful incidents of this war, it was im- possible not to inquire into its origin. He feared that it would be found to be the famous treaty of Fort Jackson, concluded in August, 1814; and he asked the indulgence of the chairman, that the clerk might read certain parts of ON THE SEMINOLE WAR I35 that treaty. (The clerk having read as requested, Mr. C. proceeded.) He had never perused this instrument until within a few days past, and he had read it with the deepest mortification and regret. A more dictatorial spirit he had never seen displayed in any instrument. He would chal- lenge an examination of all the records of diplomacy, not excepting even those in the most haughty period of impe- rial Kome, when she was carrying her arms into the barba- rian nations, that surrounded her; and he did not believe a solitary instance could be found of such an inexorable spirit of domination pervading a compact purporting to be a treaty of peace. It consisted of the most severe and humiliating demands — of the surrender of large territory — of the privi- lege of making roads through the remnant which was re- tained — of the right of establishing trading houses — of the obligation of delivering into our hands their prophets. And all this, of a wretched people, reduced to the last extremity of distress, whose miserable existence we had to preserve by a voluntary stipulation, to furnish them with bread! When did the all conquering and desolating Rome ever fail to re- spect the altars and the gods of those whom she subjugated! Let me not be told that these prophets were impostors who deceived the Indians. They were their prophets — the In- dians believed and venerated them, and it is not for us to dictate a religious belief to them. It does not belong to the holy character of the religion which we profess, to carry its precepts, by the force of the bayonet, into the bosoms of other people. Mild and gentle persuasion was the great in- strument employed by the meek Founder of our religion. We leave to the humane and benevolent efforts of the re- verend professors of Christianity to convert from barbarism those unhappy nations yet immersed in its gloom. But, sir, spare them their prophets! spare their delusions! spare their prejudices and superstitions! spare them even their religion, such as it is, from open and cruel violence. When, sir, was that treaty concluded? On the very day, after the protocol was signed, of the first conference between the American and British commissioners, treating of peace, at Ghent. In the coutse of that negociation, pretensions so enormous were set up, by the other party, that, when they were pro- mulgated in this country, there was one general burst of indignation throughout the continent. Faction itself was silenced, and the firm and unanimous determination of all 136 ON THE SEMINOLE WAK. parties was, to fight until the last man fell in the ditch, rather than submit to such ignominious terms. What a con- trast is exhibited between the cotemporaneous scenes of Ghent and of Fort Jackson: what a powerful voucher would the British commissioners have been furnished with, if they could have got hold of that treaty! The United States de- mand^ the United States demand^ is repeated five or six times. And what did the preamble itself disclose? That two-thirds of the Creek nation had been hostile, and one- third only friendly to us. Now, he had heard, (^he could not vouch for the truth of the statement) that not one hos- tile chief signed the treaty. He had also heard that perhaps one or two of them had. If the treaty were really made by a minority of the nation, it was not obligatory upon the whole nation. It was void, considered in the light of a na- tional compact. And if void, the Indians were entitled to the benefit of the provision of the ninth article of the treaty of Ghent, by which we bound ourselves to make peace with any tribes with whom we might be at war on the ratification of the treaty, and to restore to them their lands as they held them in 1811. Mr. C. said he did not know how the hon- ourable Senate, that body for which he held so high a respect, could have given their sanction to the treaty of Fort Jack- son, so utterly irrcconcileable as it is with those noble prin- ciples of generosity and magnanimity which he hoped to see his country always exhibit, and particularly toward the miserable remnant of the aborigines. It would have com- ported better with those principles, to have Imitated the benevolent policy of the founder of Pennsylvania, and to have given to the Creeks, conquered as they were, even if they had made an unjust war upon us, the trifling considera- tion, to them an adequate compensation, which he paid for their lands. That treaty, Mr. C. said, he feared, had been the main cause of the recent war. And if it had been, it only added another melancholy proof to those with which history already abounds, that hard and unconscionable terms, extorted by the power of the sword and the right of con- quest, served but to whet and stimulate revenge, and to give to old hostilities, smothered, not extinguisheti by the pretended peace, greater exasperation and more ferocity. A truce thus patched up with an unfortunate people, with- out the means of existence, without bread, is no real peace. The instant there is the slightest prospect of relief, from ON THE SEMINOLE WAR. 137 such harsh and severe conditions, the conquered party will fly to arms, and spend the last drop of blood rather than live in such degraded bondage. Even if you again reduce him to submission, the expenses incurred by this second war, to say nothing of the human lives that are sacrificed, will be greater than what it vyould have cost you to have granted him liberal conditions in the first instance. I his treaty, he repeated it, was, he apprehended, the cause of the war. It led to those excesses on our southern borders which began it. Who first commenced them, it was perhaps difficult to ascertain. There was, however, a paper on this subject communicated at the last session by the president that told, in language pathetic and feeling, an artless tale — Ji paper that carried such internal evidence, at least, of the belief of the authors of it that they were writing the truth, that he would ask the favour of the committee to allow him to read it.* I should be very unwilling, Mr, C. said, to * The following is the letter from ten of the Seminole towns, which Mr. C. read. To the Commanding officer at Fort Hawkins. Dear Sir, Since the last war, after you sent word that we must quit the war, we, the Red people, have come over on this side. The white people have carried all the red people^s cattle off. After the war, I sent to all my people to let the white people alone, and stay on this side of the river; and they did so: but the white people still continue to carry off their cat- tle. Bernard's son was here, and 1 inquired of him what was to be done — and he said we must go to the head man of the white people and co?n- plain. I did so, and there was no head white man. and there was no law in this case. The whites first began and there is nothing said about that; but great complaint about what the Indians do. This is now three years since the white people killed three Indians, since that they have killed three other Indians., and taken their horses, and what they liad: and this summer they killed three more; and very lately they killed one more. We sent word to the white people that these murders were done, and the answer was, that they were people that were outlaws, and we ought to go and kill them. The white people killed our people first, the Indians then took satisfaction. There are yet three men that the red people have never taken satisfaction for. You have wrote that there were houses burnt; but we know of no such thing being done: the truth in such cases ought to be told, but this appears otherwise. On that side of the river, the white people have killed five Indians; but there is nothing said about that; and all that the Indians have done is brought up. All the mischief the white people have done, ought to be told to their head man. When there is any thing done, you write to us; but never write to your head man what the white people do. When the red people send talks, or write, they always send the truth. You have sent to us for your horses, and we sent all that we could find; but there were some dead. It appears T 138 ON THE SEMINOLE WAR. assert, in regard to this war, that the fault was on our sidej but he feared it was. He had heard that very respectable gentleman, now no more, who once filled the executive chair of Georgia, and who, having been agent of Indian af- fairs in that quarter, had the best opportunity of judging of the origin of this war, deliberately pronounce it as his opinion, that the Indians were not in fault. Mr. C. said, that he was far from attributing to general Jackson any other than the very slight degree of blame which attached to him as the negociator of the treaty of Fort Jackson, and which would be shared by those who subsequently ratified and sanctioned that treaty. But if there were even a doubt as to the origin of the war, whether we were censurable or the Indians, that doubt would serve to increase our regret at any distressing incidents which may have occurred, and to mitigate, in some degree, the crimes which we impute to the other side. He knew, he said, that when general Jack- son was summoned to the field, it was too late to hesitate — the fatal blow had been struck in the destruction of Fowl town, and the dreadful massacre of lieutenant Scott and his detachment; and the only duty which remained to him was to terminate this unhappy contest. that all the mischief is laid on this town ; but all the mischief that has "been done by this town is two horses; one of tliem is dead, and the other was sent b:^ck. The cattle that we are accused of taking, were cattle that the white people took from us. Our young men went and brought them back, with the same marks and brands. There were some of our young men out hunting, and they were killed; others went to take satis- faction, and the kettle of one of the men that was killed was found in the house where the woman and two children were killed; and they sup- posed it had been her husband who had killed the Indians, and took their satisfaction there. We are accused of killing the Aixi'^ricans, and so on; but since the word was sent to us that peace was made, we stay steady at home, and meddle with no person. You have sent to us re- specting the black people on the Suwany river; we have nothing to do with ihem. They were put there by the English, and to them you ought to apply for any thing about them. We do not wish our country desola- ted by an army passing through it, for the concern of other people. The Indians have slaves there also: a great many of them. When we have an opportunity we shall apply to the English for them, but we cannot get them now. This is what we have to say at present. Sir, I conclude by subscribing myself, your humble servant, &€. September, the 11th day, 1817. N. B. There are ten towns have read this letter and this is the answer. A true copy of the original. Wm. Bell, Aid-de-camp. ON THE SEMINOLE WAR. 139 The first circumstance which in the course of his per- forming that duty, fixed our attention, had, Mr. C. said, filled him with regret. It was the execution of the Indian chiefs. How, he asked, did they come into our possession? Was it in the course of fair, and open, and honourable war? No, but by means of deception — by hoisting foreign colors on the staff from which the stars and stripes should alone have floated. Thus ensnared, the Indians were taken on shore, and without ceremony, and without delay, were hung. Hang an Indian! We, sir, who are civilized, and can com- prehend and feel the effect of moral causes and considera- tions, attach ignominy to that mode of death. And the gal- lant, and refined, and high minded man, seeks by all pos- sible means to avoid it. But what cares an Indian whether you. hang or shoot him? The moment he is captured, he is considered by his tribe as disgraced, if not lost. They, too, are indifferent about the manner in which he is despatched. But, Mr. C. said, he regarded the occurrence with grief for other and higher considerations. It wa? the first instance that he knew of, in the annals of our country, in which re- taliation, by executing Indian captives, had ever been deli- berately practised. There may have been exceptions, but if there were, they met with contemporaneous condemnation, and have been reprehended by the just pen of impartial his- tory. The gentleman from Massachusetts may tell me, if he chooses, what he pleases about the tomahawk and scalp- ing knife — about Indian enormities, and foreign miscreants and incendiaries. I, too, hate them; from my very soul I abominate them. But, I love my country, and its constitu- tion; I love liberty and safety, and fear military despotism more even than I hate these monsters. The gentleman, in the course of his remarks, alluded to the state from which I have the honour to come. Little, sir, does he know of the high and magnanimous sentiments of the people of that state, if he supposes they will approve of the transaction to which he referred. Brave and generous, humanity and cle- mency towards a fallen foe constitute one of their noisiest characteristics. Amidst all the struggles for that fair land between the natives and the present inhabitants, Mr. C. said, he defied the gentleman to point out one instance in which a Kentuckian had stained his hand by — nothing but his high sense of the distinguished services and exalted merits of general Jackson prevented his using a different 140 ON THE SEMINOLE WAR. term — the execution of an unarmed and prostrate captive. Yes, said Mr. C. there was one solitary exception, in which a man, enraged at beholding an Indian prisoner, who had been celebrated for his enormities, and who had destroyed some of his kindred, plunged his sword into his bosom. The wicked deed was considered as an abominable outrage when it occurred, and the name of the man has been handed down to the execration of posterity. 1 deny your right said JMr. C. thus to retaliate on the aboriginal proprietors of the country; and unless I am utterly deceived, it may be shown that it does not exist. But before I attempt this, allow me to make the gentleman from Massachusetts a little better acquainted with those people, to whose feelings and sympa- thies he has appealed through their representative. During the late war with Great Britain, colonel Campbell, under the command of my honourable friend from Ohio, (general Har- rison) was placed at the head of a detachment consisting chiefly, he believed, of Kentucky volunteers, in order to destroy the Mississinaway towns. They proceeded and performed the duty, and took some prisoners. And here is evidence of the manner in which they treated them. (Here Mr. C. read the general orders issued on the return of the detachment).* I hope, sir, the honourable gentleman will be now able better to appreciate the character and conduct of my gallant countrymen than he appears hitherto to have done. But, sir, I have said that you have no right to practise under colour of retaliation, enormities on the Indians. I will advance in support of this position, as applicable to the origin of all law, the principle, that whatever has been the custom, from the commencement of a subject, whatever has * The following- is the extract read by Mr. Clay. " But the character of this gallant detachment, exhibiting', as it did, perseverance, fortitude and bravery, would, however, be incomplete, if, in the midst of victory, they had forgotten the feelings of humanity. It is with the sincerest pleasure that the general has heard, that the most punctual obe^dience was paid to his orders, in not only saving all the women aad children, but in sparing all the warriors who ceased to resist; and that even when vigorously attacked by the enemy, the claims of mercy prevailed over every sense of their own danger, and this heroic band respected the lives of their prisoners. Let an account of murdered innocence be opened in the records of heaven against jur enemies alone. The American soldier will follow the example of his government, and the sword of the one will not be raised against tlie fallen and the helpless, nor the gold of the other be paid for scalps of a massacred enemy." ON THE SEMINOLE WAR. 141 beefa the uniform usage coeval and co-existent with the subject to which it relates, becomes its fixed law. Such was the foundation of all common law; and such, he believed, was the principal foundation of all public or international law. If, then, it could be shown that from the first settle- ment of the colonies, on this part of the American conti- nent, to the present time, we have constantly abstained from retaliating upon the Indians the excesses practised by them towards us, we were morally bound by this invariable usage, and could not lawfully change it without the most cogent reasons. So far as his knowledge extended, he said, that from the first settlement at Plymouth or at Jamestown, it had not been our practice to destroy Indian captives, com- batants or non-combatants. He knew of but one deviation from the code which regulated the warfare between civilized communities, and that was the destruction of Indian towns, which was supposed to be authorized upon the ground that we could not bring the war to a termination but by destroy- ing the means which nourished it. With this single ex- ception, the other principles of the laws of civilized nations are extended to them, and are thus made law in regard to them. When did this humane custom, by which, in con- sideration of their Ignorance, and our enlightened condition, the rigours of war were mitigated, begin? At a time when we were weak, and they were comparatively strong — when they were the lords of the soil, and we were seeking, from the vices, from the corruptions, from the religious intoler- ance and from the oppressions of Europe, to gain an asylum among them. And when is it proposed to change this cus- tom, to substitute for it the bloody maxims of barbarous ages, and to interpolate the Indian public law with revolt- ing cruelties? At a time when the situation of the two par- ties is totally changed — when we are powerful and they are weak — at a time when, to use a figure drawn from their own sublime eloquence, the poor children of the forest have been driven by the great wave which has flowed in from the Atlantic ocean almost to the base of the Rocky moun- tains, and overwhelming them in its terrible progress, he has left no other remains of hundreds of tribes, now extinct, than those which indicate the remote existence of their former companion, the Mammoth of the new world! Yes, sir, it is at this auspicious period of our country, when we hold a proud and lofty station, among the first nations of i42 ON THE SEMINOLE WAR. the world, that we are called upon to sanction a departure from the established laws and usages which have regulated our Indian hostilities. And does the honourable gentleman from Massachusetts expect, in this august body, this en- lightened assembly of christians and Americans, by glowing appeals to our passions, to make us forget our principles, our religion, our clemency, and our humanity? Why was it, Mr. C. asked, that we had not practised toward the Indian tribes the right of retaliation, now for the first time asserted in regard to them? It was because it is a principle proclaimed by reason, and enforced by every respectable writer on the law of nations, that retaliation is only justifi- able as calculated to produce eff'ect in the war. Vengeance was a new motive for resorting to it. If retaliation will produce no effect on the enemy, we are bound to abstain from it, by every consideration of humanity and of justice. "Will it, then, produce effect on the Indian tribes? No — they care not about the execution of those of their warriors who are taken captive. They are considered as disgraced by the very circumstance of their captivity, and it is often mercy to the unhappy captive, to deprive him of his existence. The poet evinced a profound knowledge of the Indian cha- racter, when he put into the mouth of the son of a distin- guished chief, about to be led to the stake and tortured by his victorious enemy, the words — Begin, ye tormentors! your threats are in vain: The son of Alknomak will never complain. Retaliation of Indian excesses, not producing then any effect in preventing their repetition, was condemned by both reason and the principlt- s upon which alone, in any case, it can be justified. On this branch of the subject much more might be said, but as he should possibly again allude to it, he would pass from it, for the present, to another topic. It was not necessary, Mr. C. said, for the purpose of his argument in regard to the trial and execution of Arbuthnot and Ambrister, to insist on the innocency of either of them. He would yield, for the sake of that argument, without inquiry, that both of them were guilty; that both had insti- gated the war; and that one of them had led the enemy to battle. It was possible, indeed, that a critical examination of the evidence would show, particuhrly in the case of Ar- buthnot, that the whole amount of his crime consisted in ON THE SEMINOLE WAR. 143 his trading, without the limits of the United States, with the Seminole Indians, in the accustomed commodities which form the subject of Indian trade; and that he sought to in- gratiate himself with his customers, by espousing their in- terests, in regard to the provision of the treaty of Ghent, which he may have honestly believed entitled them to the restoration of their lands. And if, indeed, the treaty of Fort Jackson, for the reasons already assigned, were not binding upon the Creeks, there would be but too much cause to lament his unhappy, il not unjust fate. The first impres- sion made on the examination of the proceedings in the trial and execution of those two men, is, that on the part of Am- brister, there was the most guilt, but at the same time, the most irregularity. Conceding the point of the guilt of both, with the qualification which he had stated, he would pro- ceed to inquire, first, if their execution could be justified upon the principles assumed by general Jackson himself. If they did not afford a justification, he would next inquire if there were any other principles authorizing their execution; and he would, in the third place, make some observations upon the mode of proceeding. The principle assumed by general Jackson, which may be found in his general orders commanding the execution of these men, is, " that it is an established principle of the law of nations, that any individual of a nation, making war against the citizens of any other nation, they being at peace, forfeits his allegiance, and becomes an outlaw and a pirate." Whatever may be the character of individuals waging pri- vate war, the principle assumed is totally erroneous, when applied to such individuals associated with a power, whether Indian or civilized, capable of maintaining the relations of peace and war. Suppose, however, the principle were true, as asserted, what disposition should he have made of these men? What jurisdiction, and how acquired, has the military over pirates, robbers, and outlaws? If they were in the character imputed, they were alone amenable, and should have been turned over to the civil authority. But the prin- ciple, he repeated, was totally incorrect, when applied to men in their situation. A foreigner, connecting himself with a belligerent, becomes an enemy of the party to whom that belligerent is opposed, subject to whatever he may be sub- ject, entitled to whatever he is entitled, Arbuthnot and Ambrister, by associating themselves, became identified 144 ON THE SEMINOLE WAR. with the Indians; they became our enemies, and we had a right to treat them as we could lawfully treat the Indians. These positions were so obviously correct, that he should consider it an abuse of the patience of the committee to consume time in their proof. I'hey were supported by the practice of all nations, and of our own. Every page of his- tory, in all times, and the recollection of every member, furnish evidence of their truth. Let us look for a moment into some of the consequences of this principle, if it were to go to Europe, sanctioned by the approbation, express or implied, of this house. We have now in our armies proba- bly the subjects of almost every European power. Some of the nations of Europe maintain the doctrine of perpetual allegiance. Suppose Britain and America in peace, and America and France at war. The former subjects of En- gland, naturalized and unnaturalized, are captured by the navy or army of France. What is their condition? according to the principle of general Jackson, they would be outlaws and pirates, and liable to immediate execution. Were gen- tlemen prepared to return to their respective districts with this doctrine in their mouths, and say to their Irish, En- glish, Scotch, and other foreign constituents, that you are liable, on the contingency supposed, to be treated as out- laws and pirates? Was there any other principle which justified the pro- ceedings? On this subject, he said, if he admired the won- derful ingenuity with which gentlemen sought a colourable pretext for those executions, he was at the same time shock* ed at some of the principles advanced. What said the hon- ourable gentleman from Massachusetts (Mr. Holmes) in a cold address to the committee? Why, that these executions were only the wrong mode of doing aright thing. A wrong mode of doing a right thing! In what code of public law; in what system of ethics; nay, in what respectable novel; where, if the gentleman were to take the range of the whole literature of the world, will he find any sanction for a prin- ciple so monstrous? He would illustrate its enormity by a single case. Suppose a man being guilty of robbery, is tried, condemned, and executed for murder, upon an indictment for that robbery merely. The judge is arraigned for having executed, contrary to law, a human being, innocent at heart of the crime for which he was sentenced. The judge has nothing to do, to ensure his own acquittal, but to urge the gentleman's plea, that he had done a right thing a wrong way! ON THE SEMINOLE WAR. I45 The principles which attached to the cases of Arbuthnot and Ambrister, constituting them merely partkipes in the war, supposing them to have been combatants, which the former was not, he having been taken in a Spanish fortress, without arms in his hands, all that we could possibly have a right to do, was to apply to them the rules which we had a right to enforce against the Indians. Their English cha- racter was only merged in their Indian character. Now, if the law regulating Indian hostilities, be established by long and immemorial usage, that we have no moral right to re- taliate upon them, we consequently had no right to retaliate upon Arbuthnot and Ambrister. Even if it were admitted that, in regard to future wars, and to other foreigners, their execution may have a good effect, it would not thence fol- low that you had a right to execute them. It is not always just to do what may be advantageous. And retaliation, during a war. must have relation to the events of that war, and must, to be just, have an operation on that war, and upon the individuals only who compose the belligerent party. It became gentlemen, then, on the other side, to show, by some known, certain, and recognized rule of public or mu- nicipal law, that the execution of these men was justified. Where is it? He should be glad to see it. We are told in a paper emanating from the department of state, recently laid before this house, distinguished for the fervour of its eloquence, and of which the honourable gentleman from Massachusetts, has supplied us in part with a second edition, in one respect agreeing with the prototype, that they both ought to be inscribed to the American public — we are justly told in that paper, that this is the Jirst instance of the exe- cution of persons for the crime of instigating Indians to war. Sir, there are two topics which, in Europe, are constantly employed by the friends and minions of legitimacy against our country. The one is an inordinate spirit of aggrandize- ment — of coveting other people's goods. The other is the treatment which we extend to the Indians. Against both these charges, the public servants who conducted at Ghent the negociations with the British commissioners, endea- voured to vindicate our country, and he hoped with some degree of success. What will be the condition of future American negociators, when pressed upon this head, he knew not, after the unhappy executions on our southern border. The gentleman from Massachusetts seemed en U 146 ON THE SEMINOLE WAR. yesterday to read, with a sort of triumph, the names of the commissioners employed in the negociation at Ghent. Will he excuse me for saying, that I thought he pronounced, even with more complacency and with a more gracious smile, the first name in the commission, than he emphasized that of the humble individual who addresses you, (Mr. Holmes de- sired to explain) Mr. C. said there was no occasion for ex- planation; he was perfectly satisfied. fMr. H. however, proceeded to say that his intention was, in pronouncing the gentleman's name, to add to the respect due to the nego- ciator that which was due to the speaker of this house.) To return to the case of Arbuthnot and Ambrister. Will the principle of these men having been the instigators of the war, justify their execution? It was a new one; there were no land marks to guide us in its adoption; or to pre- scribe limits in its application. If William Pitt had been taken by the French army, during the late European war, could France have justifiably executed him, on the ground of his having notoriously instigated the continental powers to war against France. Would France, if she had stained her character by executing him, have obtained the sanction of the world to the act, by appeals to the passions and pre- judices, by pointing to the cities sacked, the countries laid waste, the human lives sacrificed in the wars which he had kindled, and by exclaiming to the unfortunate captive, you! miscreant, monster, have occasioned all these scenes of de- vastation and blood? What had been the conduct even of England towards the greatest instigator of all the wars of the present age? The condemnation of that illustrious man to the rock of St. Helena, was a great blot on the English name. And Mr. C. repeated what he had before said, that if Chatham or Fox, or even William Pitt himself, had been prime minister, in England, Bonaparte had never been so condemned. On that transaction history will one day pass its severe but just censure. Yes, although Napoleon had desolated half Europe; although there was scarcely a power, however humble, that escaped the mighty grasp of his am- bition; although in the course of his splendid career he is charged with having committed the greatest atrocities, dis- graceful to himself and to human nature, yet even his life has been spared. The allies would not, England would not, execute him, upon the ground of his being an instiga- tor of wars. ON THE SEMINOLE WAR. 147 The mode of the trial and sentencing these men, Mr. C. said, was equally objectionable with the principles on which it had befn attempted to prove a forfeiture of their lives. He knew, he said, the laudable spirit which prompted the ingenuity displayed in finding out a justification for these proceedings. He wished most sincerely that he could re- concile them to his conscience. It had been attempted to vindicate the general upon grounds which he was persuaded he would himself disown. It had been asserted, that he was guilty of a mistake in calling upon the court to try them, and that he might have at once ordered their execution, without that formality. He denied that there was any such absolute right in the commander of any portion of our army. The right of retaliation is an attribute of sovereignty. It is comprehended in the war making power that congress pos- sesses. It belongs to this body not only to declare war, but to raise armies, and to make rules and regulations for their government. It was in vain for gentlemen to look to the law of nations for instances in which retaliation is lawful. The laws of nations merely laid down the principle or rule; it belongs to the government to constitute the tribunal for applying that principle or rule. There was, for example, no instance in which the death of a captive was more certainly declared by the law of nations to be justifiable, than in the case of spies. Congress has accordingly provided, in the rules and articles of war, a tribunal for the trial of spies, and consequently for the application of the principle of the national law. The legislature had not left the power over spies undefined, to the mere discretion of the commander in chief, or of any subaltern officer in the army. For, if the doctrines now contended for were true, they would apply to the commander of any corps, however small, acting as a detachment. Suppose congress had not legislated in the case of spies, what would have been their condition.? It would have been a casus omissus,, and although the public law pro- nounced their doom, it could not be executed because con- gress had assigned no tribunal for enforcing that public law. No man could be executed in this free country without two things being shown: 1st, That the law condemns him to death; and 2d, That his death is pronounced by that tribu- nal which is authorised by the law to try him. These prin- ciples would reach every man's case, native or foreign, citi- zen or alien. The instant quarters are granted to a prisoner, the majesty of the law surrounds and sustains him, and he 148 ON THE SEMINOLE WAR. cannot be lawfully punished with death, without the con- currence of the two circumstances just insisted upon. He denied that any commander in chief, in this country, had this absolute power of life and death, at his sole discretion. It was contrary to the genius of all our laws and institutions. To concentrate in the person of one individual the powers to make the rule, to judge and to execute the rule, or to judge, and execute the rule only, was utterly irreconcilable with every principle of free government, and was the very definition of tyranny itself; and he trusted that this house would never give even a tacit assent to such a principle. Suppose the commander had made, even reprisals on pro- perty, would that property have belonged to the nation, or could he have disposed of it as he pleased? Had he more power, would gentlemen tell him, over the lives of human beings, than over property? The assertion of such a power to the commander in chief, was contrary to thfe practice of the government. By an act of congress, which passed in 1799, vesting the power of retaliation in certain cases in the president of the United States — an act which passed during the quasi war with France, the president is authorised to retaliate upon any of the citizens of the French republic, the enormities which may be practised in certain cases, upon our citizens. Under what administration was this act pas- sed? It was under that which has been justly charged with stretching the constitution to enlarge the executive powers. Even during the mad career of Mr. Adams, when every means were resorted to for the purpose of infusing vigor into the executive arm, no one thought of claiming for him the inherent right of retaliation. He would not trouble the house with reading another law, which passed thirteen or fourteen years after, during the late war with Great Britain, under the administration of that great constitutional president, the father of the instrument itself, by which Mr. Madison, was empowered to retaliate on the British in certain instances. It was not only contrary to the genius of our institutions, and to the uniform practice of the government, but it was contrary to the obvious principles on which the general him- self had proceeded; for, in forming the court, he had evi- dently intended to proceed under the rules and articles of war. The extreme number which they provide for is thirteen, pre- cisely that which is detailed in the present instance. The court proceeded not by a bare plurality, but by a majority ON THE SEMINOLE WAR. 149 of two-thirds. In the general orders issued from the adju- tant general's office, at head quarters, it is described as a court-martial. The prisoners are said, in those orders, to have been tried "■ on the following charges and specifica" tions," The court understood itself to be acting as a court- martial. It was so organized — it so proceeded, having a judge advocate, hearing witnesses, and th^: written defence of the miserable trembling prisoners, who seemed to have a presentiment of their doom. And the court was finally dis- solved. The whole proceeding manifestly shows that all parties considered it as a court-martial, convened and acting under the rules and articles of war. In his letter to the se- cretary of war, noticing the transaction, the general says: *' These individuals were tried undt rmy orders, leg-ally con- victed as exciters of this savage and negro war, legally con- demned and most justly punished for their iniquities." The Lord deliver us from such legal conviction, and such legal condemnations! The general himself considered the laws of his country to have justified his proceedings. It was in vaia then to talk of a power in him beyond the law, and above the law, when he himself does not assert it. Let it be con- ceded, that he was clothed with absolute authority over the lives of those individuals, and that, upon his own fiat, with- out trial, without defence, he might have commanded their execution. Now if an absolute sovereign, in any particular respect, promulgates a rule which he pledges himself to ob- serve, if he subsequently deviates from that rule, he subjects himself to the imputation of odious tyranny. If general Jack- son had the power, without a court, to condemn these menj he had also the power to appoint a tribunal. He did ap- point a tribunal, and became, therefore, morally bound to observe and execute the sentence of that tribunal. In regard to Ambrister, it was with grief and pain he was compelled to say that he was executed in defiance of all law; in defi- ance of the law to which general Jackson had voluntarily, if you please, submitted himself, and given, by his appeal to the court, his implied pledge to observe. He knew but lit- tle of military law, and what had happened, had certainly not created in him a taste for acquiring a knowledge of more j but he believed there was no example on record, where the sentence of the court has been erased, and a sentence not pronounced by it carried into execution. It had been sug- gested that the court had pronounced two sentences, and 150 ON THE SEMINOLE WAR. that the general had a right to select either. Two sentences! Two verdicts! It was not so. The first being revoked, was as though it had never been pronounced. And there re- mained only one sentence, which was put aside upon the sole authority of the commander, and the execution of the prisoner ordered. He either had or had not a right to de- cide upon the fate of that man, without the intervention of a court. If he had the right, he waved it, and, having vio- lated the sentence of the court, there was brought upon the judicial administration of the army a reproach, which must occasion the most lasting regret. However guilty these men were, they should not have been condemned or executed, without the authority of the law. He would not dwell, at this time, on the effect of these precedents in foreign countries, but he would not pass un- noticed their dangerous influence in our own country. Bad examples are generally set in the cases of bad men, and often remote from the central government. It was in the provinces that were laid the abuses and the seeds of the ambitious projects which overturned the liberties of Rome. He beseeched the committee not to be so captivated by the charms of eloquence, and the appeals made to our passions and our sympathies, as to forget the fundamental principles of our government. The influence of a bad example would often be felt when its authors and all the circumstances con- nected with it, were no longer remembered. He knew of but one analogous instance of the execution of a prisoner, and that had brought more odium, than almost any other incident, on the unhappy emperor of France. He alluded to the instance of the execution of the unfortunate member of the Bourbon house. He sought an asylum in the terri- tories of Baden. Bonaparte despatched a corps of gen- d'armes to the place of his retreat, seized him, and brought him to the dungeons of Vincennes. He was there tried by a court martial, condemned, and shot. There, as here, was a violation of neutral territory; there the neutral ground was not stained with the blood of him whom it should have pro- tected. And there was another most unfortunate difference for the American example. The duke D'Enghein, was ex- ecuted according to his sentence. It is said by the defenders of Napoleon, that the duke had been machinating not mere- Iv to overturn the French government, but against the life of its chief. If that were true, he might, if taken in France, ON THE SEMINOLE WAR. 151 have been legally executed. Such was the odium brought upon the instruments of this transaction, that those persons who have been even suspected of participation in it have sought to vindicate themselves, from what they appear to have considered as an aspersion, before foreign courts. In conclusion of this part of the subject, Mr. C. said, that he most cheerfully and entirely acquitted general Jackson of any intention to violate the laws of the country, or the obli- gations of humanity. He was persuaded, from all that he had heard, that he considered himself as equally respecting and observing both. With respect to the purity of his in- tentions, therefore, he was disposed to allow it in the most extensive degree. Of his acts^ said Mr. C. it is my duty to speak with the freedom which belongs to my station. And I shall now proceed to consider some of them, of the most momentous character, as it regards the distribution of the powers of government. Of all the powers conferred by the constitution of the United States, not one is more expressly and exclusively granted than that which gives to congress the power to de- clare war. The immortal convention who formed that in- strument had abundant reason drawn from every page of history, for confiding this tremendous power to the delibe- rate judgment of the representatives of the people. It was there seen that nations are often precipitated into ruinous war from folly, from pride, from ambition, and from the desire of military fame. It was believed, no doubt, in com- mitting this great subject to the legislature of the union, we should be safe from the mad wars that have afflicted and desolated and ruined other countries. It was supposed that before any war was declared the nature of the injury com- plained of would be carefully examined, the power and re- sources of the enemy estimated, and the power and resources of our own couutry, as well as the probable issue and con- sequences of the war. It was to guard our country against precisely that species of rashness, which has been manifest- ed in Florida, that the constitution was so framed. If then this power, thus cautiously and clearly bestowed upon con- gress, has been assumed and exercised by any other func- tionary of the government, it is cause of serious alarm, and it became that body to vindicate and maintain its authority by all the means in its power; and yet there are some gen- tlemen, who would have us not merely to yield a tame and 152 ON THE SEMINOLE WAR. silent acquiescence in the encroachment, but even to pass a vote of thanks to the author. On the twenty-fifth of March 1818, (Mr. C. continued,) the president of the United States, communicated a message to congress in relation to the Seminole war, in which he declared that, although, in the prosecution of it, orders had been given to pass into the Spanish territory, they were so guarded as that the local authorities of Spain should be re- spected. How respected? The president, by the documents accompanying the message, the orders themselves which issued from the department of war, to the commanding general, had assured the legislature that, even if the enemy should take shelter under a Spanish fortress, the fortress was not to be attacked, but the fact to be reported to that department for further orders. Congress saw, therefore, that there was no danger of violating the existing peace. And yet, on the same twenty-fifth day of March (a most singular concurrence of dates,) when the representatives of the people receive this solemn message, announced in the presence of the nation and in the face of the world, and in the midst of a friendly negociation with Spain, does general Jackson write from his head quarters, that he shall take St. Marks as a necessary depot for his military operations! The general states, in his letter, what he had heard about the threat on the part of the Indians and Negroes, to occupy the fort, and declares his purpose to possess himself of it in either of the two contingencies, of its being in their hands or in the hands of the Spaniards. He assumed a right to judge what Spain was bound to do by her treaty, and judged very correctly; but then he also assumed the power, belong- ing to congress alone, of determining what should be the effect, and consequence of her breach of engagement. Ge- neral Jackson generally performs what he intimates his in- tention to do. Accordingly, finding St. Marks yet in the hands of the Spaniards, he seized and occupied it. Was ever, he asked, the just confidence of the legislative body, in the assurances of the chief magistrate, more abused? The Spanish commander intimated his willingness that the Ame- rican army should take post near him, until he could have instructions from his superior officer, and promised to main- tain, in the mean time, the most friendly relations. No! St. Marks was a convenient post for the American army, and delay was inadmissible. He had always understood that the ON THE SEMINOLE WAR. 153 Indians but rarely take or defend fortresses, because they are unskilled in the modes of attack and defence. The threat, therefore, on their part, to seize on St. Marks must have been empty, and would probably have been impracticable. At all events, when general Jackson arrived there, no danger any longer threatened the Spaniards from the miserable fugitive Indians, who fled on all sides upon his approach. And, sir, upon what plea is this violation of orders, and this act of war upon a foreign power, attempted to be justified? Upon the grounds of the conveniency of the depot and the Indian threat. The first he would not seriousl) examine and expose. If the Spanish character of the fort had been to- tally merged in the Indian character, it might have been justifiable to seize it. But that was not the fact, and the bare possibility of its being forcibly taken by the Indians could not justify our anticipating their blow. Of all the odious transactions which occurred during the late war be- tween France and England, none was more condemned in Europe and in this country, than her seizure of the fleet of Denmark at Copenhagen. And he lamented to be obliged to notice the analog) which existed in the defences made of the two cases. If his recollection did not deceive him, Bo- naparte had passed the Rhine and the Alps, had conquered Italy, the Netherlands, Holland, Hanover, Lubec, and Ham- burg, and extended his empire as far as Altona on the side of Denmark. A few days' march would have carried him through Holstein, over the two Belts, through Funen and into the island of Zealand. What then was the conduct of England? It was my lot, Mr. C. said, to fall into conver- sation with an intelligent Englishman on this subject. " We knew (said he,) that we were fighting for our existence. It was absolutely necessary that we should preserve the com- mand of the seas. If the fleet of Denmark fell into the ene- my's hands, combined with his other fleets, that command might be rendered doubtful. Denmark had only a nominal independence. She was, in truth, subject to his sway. We said to her, give us your fleet; it will otherwise be taken possession of by your secret and our open enemy. We will preserve it, and restore it to you whenever the danger shall be over. Denmark refused. Copenhagen was bombarded, gallantly defended, but the fleet was seized." Every where the conduct of England was censured; and the name even of the negociator who was employed by her, who was sub- X 154 ON THE SEMINOLE WAR. sequently the minister near this government, was scarcely ever pronounced here without coupling with it an epithet indicating his participation in the disgraceful transaction. And yet we are going to sanction acts of violence, commit- ted by ourselves, which but too much resemble it! What an important difference, too, between the relative condition of England and of this country! She perhaps was struggling for her existence. She was combating, single-handed, the most enormous military power that the world has ever known. Who were we contending with? With a few half- starved, half-clothed, wretched Indians and fugitive slaves. And whilst carrying on this inglorious war, — inglorious as it regards the laurels or renown won in it, — we violate neu- tral rights, which the government had solemnly pledged itself to respect, upon the principle of convenience, or upon the light presumption that, by possibility, a post might be taken by this miserable combination of Indians and slaves. On the 8th of April, the general writes from St. Marks, that he shall march for the Suwaney river; the destroying of the establishments on which will, in his opinion, bring the war to a close. Accordingly having effected that object, he writes, on the 20th of April, that he believes he may say the war is at an end for the present. He repeats the same opinion in his letter to the secretary of war, written six days after. The war being thus ended, it might have been hoped that no further hostilities would have been com- mitted. But on the 23d of May, on his way home, he re- ceives a letter from the commandant of Pensacola, intimat- ing his surprise at the invasion of the Spanish territory, and the acts of hostility performed by the American army, and his determination, if persisted in, to employ force to repel them. Let us pause and examine this proceeding of the governor, so very hostile and affrontive in the view of gene- ral Jackson. Recollect that he was governor of Florida; that he had received no orders from his superiors, to allow a pas- sage to the American army; that he had heard of the reduc- tion of St. Marks; and that general Jackson, at the head of his army, was approaching in the direction of Pensacola. He had seen the president's message of the 25th of March, and reminded general Jackson of it, to satisfy him that the American government could not have authorised all those measures. Mr. C. said he could not read the allusion made by the governor to that message, without feeling that the ON THE SEMINOLE WAR. I55 charge of insincerity, which it implied, had at least but too much the appearance of truth in it. Could the governor have done less than write some such letter? We have only to reverse situations, and to suppose him to have been an American governor. General Jackson says, that when he received that letter, he no longer hesitated. No, sir, he did no longer hesitate! He received it on the 23d, he was in Pensacola on the 24th, and immediately after set himself before the fortress of San Carlos de Barancas, which he shortly reduced. Feni, vid'i^ vici. Wonderful energy! Ad- mirable promptitude. Alas! that it had not been an energy and a promptitude within the pale of the constitution, and according to the orders of the chief magistrate! It was im- possible to give any definition of war, that would not com- prehend these acts. It was open, undisguised, and unau- thorised hostility. The honourable gentleman from Massachusetts had en- deavoured to derive some authority to general Jackson from the message of the president, and the letter of the secretary of war to governor Bibb. The message declares that the Spanish authorities are to be respected wherever maintained. What the president means by their being maintained, is ex- plained in the orders themselves, by the extreme case being put of the enemy seeking shelter under a Spanish fort. If even in that case he was not to attack, certainly he was not to attack in any case of less strength. The letter to governor Bibb admits of a similar explanation. When the secretary says, in that letter, that general Jackson is fully empowered to bring the Seminole war to a conclusion, he means that he is so empowered by his orders, which, being now before us, must speak for themselves. It does not appear that ge- neral Jackson ever saw that letter, which was dated at this place after the capture of St. Marks. He would take a mo- mentary glance at the orders. On the 2d ot December, 18 1 7, general Gaines was forbidden to cross the Floiida line. Seven days after, the secretary of war, having arrived here, and infused a little more energy into our councils, he was authorised to use a sound discretion in crossing it or not. On the I6th, he was instructed again to consider himself at liberty to cross the line, and pursue the enemy; but, if he took refuge under a ^Spanish fortress^ the fact was to be re- ported to the department ofxvar. These orders were trans- mitted to general Jackson, and constituted, or ought to have 156 ON THE SEMINOLE WAR. constituted, his guide. There was then no justification for the occupation of Pensacola, and the attack on the Barancas, in the message of the president, the letter to governor Bibb, or in the orders themselves. The gentleman from Massa- chusetts would pardon him for saying that he had under- taken what even his talents were not competent to — the ntiaintenance of directly contradictory pi'opositions, that it was right in general Jackson to take Pensacola, and wrong in the president to keep it. The gentleman has made a greater mistake than he supposes general Jackson to have done in attacking Pensacola for an Indian town, by attempting the defence both of the president and general Jackson. If it were right in him to seize the place, it is impossible that it should have been right in the president immediately to sur- render it. We, sir, are the supporters of the president. We regret that we cannot support general Jackson also. The gentleman's liberality is more comprehensive than ours. I approve, with all my heart, of the restoration of Pensacola. I think St. Marks ought, perhaps, to have been also restored; but I say this with doubt and diffidence. That the presi- dent thought the seizure of the Spanish posts was an act of war, is manifest from his opening message; in which he says that, to have retained them, would have changed our rela- tions with Spain, to do which the power of the executive was incompetent, congress alone possessing it. The president has, in this instance, deserved well of his country. He has taken the only course which he could have pursued, consis- tent with the constitution of the land. And he defied the gentleman to make good both his positions, that the general was right in taking, and the president right in giving up the posts. (Mr. Holmes explained. We took these posts, he said, to keep them from the hands of the enemy, and, in restoring them, made it a condition that Spain should not let our enemy have them. We said to her, here is your dag- ger; we found it in the hands of our enemy, and havmg wrested it from him, we restore it to you in the hope that you will take better care of it for the future.) Mr. C. pro- ceeded. The gentleman from Massachusetts was truly un- fortunate; fact or principle was always against him. The Spanish posts were not in the possession ot the enemy. One old Indian only was found in the Barancas, none in Pensa- cola, none in St. Marks. There was not even the colour of a threat of Indian occupation as it regards Pensacola and ON THE SEMINOLE WAR 157 the Barancas. Pensacola was to be restored unconditionally, and might, therefore, immediately have come into the pos- session of the Indians, if they had the power and the will to take it. The gentleman was in a dilemma, from which there was no escape. He gave up general Jackson when he supported the president; and gave up the president when he supported general Jackson. Mr. C. said that he rejoiced to have seen the president manifesting, by the restoration of Pensacola, his devotedness to the constitution. When the whole country was ringing with plaudits for its capture, he said and he said alone, in the limited circle in which he moved, that the president must surrender it; that he could not hold it. It was not his intention, he said, to inquire whether the army was or was not constitutionally marched into Florida. It was not a clear question, and he was in- clined to think that the express authority of congress ought to have been asked. The gentleman from Massachusetts would allow him to refer to a part of the correspondence at Ghent different from that which he had quoted. He would find the condition of the Indians there accurately defined. And it was widely variant from the gentleman's ideas on this subject. The Indians, according to the statement of the American commissioners at Ghent, inhabiting the United States, have a qualified sovereignty only, the supreme so- vereignty residing in the government of the United States. They live under their own laws and customs, may inhabit and hunt their lands; but acknowledge the protection of the United Slates, and have no right to sell their lands but to the government of the United States. Foreign powers or foreign subjects have no right to maintain any intercourse with them, without our permission. They are not, there- fore, independent nations, as the gentleman supposed. Main- taining the relation described with them, we must allow a similar relation to exist between Spain and the Indians re- siding within her dominions. She must be, therefore, regard- ed as the sovereign of Florida, and we are accordingly treating with her for the purchase of it. In strictness, then, we ought first to have demanded of her to restrain the In- dians, and, that failing, we should have demanded a right of passage for our army. But, if the president had the power to march an army into Florida v.'ithout consulting Spain, and without the authority of congress, he had no power to authorise any act of hostility against her. If the 158 ON THE SEMINOLE WAR. gentleman had even succeeded in showing that an authority was conveyed by the executive to general Jackson to take the Spanish posts, he would only have established that un- constitutional orders had been given, and thereby transfer- red the disapprobation from the military officer to the ex- ecutive. But no such orders were, in truth, given. The president had acted in conformity to the constitution, when he forbade the attack of a Spanish fort, and when, in the same spirit, he surrendered the posts themselves. He would not trespass much longer upon the time of the committee; but he trusted he should be indulged with some few reflections upon the danger of permitting the conduct on which it had been his painful duty to animadvert, to pass, without a solemn expression of the disapprobation of this house. Hecal to your recollection, said he, the free na- tions which have gone before us. Where are they now? Gone glimmering through the dream of things that were, A school boy's tale, the wonder of au hour. And how have they lost their liberties? If we could trans- port ourselves back to the ages when Greece and Rome flourished in their greatest prosperity, and, mingling in the throng, should ask a Grecian, if he did not fear that some daring military chieftain, covered with glory, some Philip or Alexander, would one day overthrow the liberties of his country? the confident and indignant Grecian would ex- claim no! no! we have nothing to fear from our heroes; our liberties will be eternal. If a Roman citizen had been asked, if he did not fear that the conquerer of Gaul might establish a throne upon the ruins of public liberty, he would have instantly repelled the unjust insinuation. Yet Greece had fallen, Csesar had passed the Rubicon, and the patriotic arm even of Brutus could not preserve the liberties of his devoted country! The celebrated niadame de Stael, in her last and perhaps her best work, has said, that in the very year, almost the very month, when the president of the directory declared that monarchy would never more show its frightful head in France, Bonaparte, with his grenadiers, entered the palace of St. Cloud, and, dispersing, with the bayonet, the deputies of the people, deliberating on the affairs of the state, laid the foundation of that vast fabric of despotism which overshadowed a I Europe. He hoped not to be misunderstood; he was far from intimating that ON THE SEMINOLE WAR. I59 general Jackson cherished any designs inimical to the liberties of the country. He believed his intentions to be pure and patriotic. He thanked God that he would not, but he thanked him still more that he could not, if he would, overturn the liberties of the republic. But precedents, if bad, were fraught with the most dangerous consequences. Man has been described, by some of those who have treated of his nature, as a bundle of habits. The definition was much truer when applied to governments. Precedents were their habits. There \vas one important difference be- tween the formation of habits by an individual and by governments. He contracts it only after frequent repeti- tion. A single instance fixes the habit and determines the direction of governments. Against the alarming doctrine of unlimited discretion in our military commanders, when applied even to prisoners of war, he must enter his protest. It began upon them; it would end on us. He hoped our happy form of government was destined to be perpetual. But if it were to be preserved, it must be by the practice of virtue, by justice, by moderation, by magnanimity, by great- ness of soul, by keeping a watchful and steady eye on the executive; and, above all, by holding to a strict accounta- bility the military branch of the public force. We are fighting, said Mr. C. a great moral battle, for the benefit not only of our country, but of all mankind. The eyes of the whole world are in fixed attention upon us. One, and the largest, portion of it is gazing with contempt, with jealousy, and with envy; the other portion, with hope, with confidence, and with affection. Every where the black cloud of legitimacy is suspended over the world, save only one bright spot, which breaks out from the political hemisphere of the west, to enlighten and animate, and gladden the human heart. Obscure that, by the downfall of liberty here, and all maakind are enshrouded in a pall of universal darkness. To you, Mr. Chairman, belongs the high privilege of transmitting, unimpaired, to posterity, the fair character and liberty of our country. Do you expect to execute this high trust by trampling, or suffering to be trampled down law, justice, the constitution, and the rights of other people? By exhibiting examples of inhumanity, and cruelty, and ambition? When the minions of despotism heard, in Europe, of the seizure of Pensacola how did they . chuckle, and chide the admirers of our institutions, taunt- 160 ON THE SEMINOLE WAR. ingly pointing to the demonstration of a spirit of injustice and aggrandizement made by our country, in the midst of amicable negociation. Behold, said they, the conduct of those who are constantly reproaching kings. You saw how those admirers were astounded and hung their heads. You saw too, when that illustrious man, who presides over us, adopted his pacific, moderate and just course, how they once more lifted up their heads with exultation and delight beaming in their countenances. And you, saw how those minions themselves were finally compelled to unite in the general praises bestowed upon our government. Beware how you forfeit this exalted character. Beware how you give a fatal sanction in this infant period of our republic, scarcely vet two score years old, to military insubordina- tion. Remember that Greece had her Alexander, Rome her Caesar, England her Cromwell, France her Bonaparte, and, that if we would escape the rock on which they split we must avoid their errors. How different has been the treatment of general Jackson, and that modest but heroic young man, a native of one of the smallest states in the union, who achieved for his countrv, on Lake Erie, one of the most glorious victories of the late war. In a moment of passion he forgot himself and offered an act of violence which was repented of as soon as perpetrated. He was tried, and suffered the judgement to be pronounced by his peers. Public justice was thought not even then to be satisfied. The press and congress took up the subject. My honourable friend from Virginia (Mr. Johnson) the faithful and consistent sentinel of the law and of the constitution, disapproved, in that instance as he does in this, and moved an inquiry. The public mind remained agitated and unappeased until the recent atonement so honourably made by the gallant commodore. And was there to be a distinction between the officers of the two branches of the public service? Are former services, how- ever, eminent, to preclude even inquiry into recent mis- conduct? Is there to be no limit, no prudential bounds to the national gratitude? He was not disposed to censure the president for not ordering a court of inquiry or a gene- ral court martial. Perhaps, impelled by a sense of grati- tude, he determined by anticipation to extend to the gene- ral that pardon which he had the undoubted right to grant after sentence. Let us, said Mr. C. not shrink from our ON THE SEMINOLE WAR. 161 duty. Let us assert our constitutional powers, and vindi- cate the instrument from military violation. He hoped gentlemen would deliberately survey the awful isthmus on which we stand. They may bear down all op- position; they may even vote the general the public thanks; they may carry him triumphantly through this house. But, if they do, in my humble judgment, it will be a triumph of the principle of insubordination — a triumph of the military over the civil authority — a triumph over the powers of this house — a triumph over the constitution of the land. And he prayed most devoutly to heaven, that it might not prove, In its ultimate eifects and consequences a triumph over the liberties of the people. 162 MISSION TO SOUTH AMERICA. House of Representatives^ Saturday^ March 28, 1820. The House having again resolved itself into a committee of the whole on the general appropriation bill, to which Mr. Clay had moved an amendment, going to make an ap- propriation for the outfit and a year's salary of a minister to Buenos Ayres. Mr. Clay said, that as no other gentleman appeared dis- posed to address the chair, he would avail himself of this opportunity of making some remarks in reply to the oppo- nents of his motion. The first objection which he thought it incumbent on him to notice was that of his friend from South Carolina, (Mr, Lowndes) who opposed the form of the proposition, as be- ing made on a general appropriation bill, on which he ap- peared to think nothing ought to be engrafted which was likely to give rise to a difference between the two branches of the legislature. If the gentleman himself had always acted on this principle, his objection would be entitled to more weight; but, Mr. Clay said, the item in the appropriation bill next following this, and reported by the gentleman himself, was infinitely more objectionable — which was, an appropria- tion of thirty thousand dollars for defraying the expenses of three commissioners, appointed, or proposed to be paid, in an unconstitutional form. It could not be expected that a general appropriation bill would ever pass without some disputable clauses, and in case of a difference between the two houses, (a difference which we had no right to antici- pate in this instance) which could not be compromised as to any article, the obvious course was to omit such article altogether, retaining all the others — and, in a case of that character, relative to brevet pay, which had occurred dur- ing the present session, such had been the ground the gen- tleman himself had taken in a conference with the senate, of tvhich he was a manager. The gentleman from South Carolina, Mr. Clay said, had MISSION TO SOUTH AMERICA. 163 professed to concur with him in a great many of his general propositions; and neither he nor any other gentleman had disagreed with him, that the mere recognition of the inde- pendence of the provinces was no cause of war with Spain —except the gentleman from Maryland, fMr. Smith) to whom he recommended, without intending disrespect to him, to confine himself to the operations of commerce, rather than undertake to expound questions of public law; for he could assure the gentleman, that, although he might make some figure, with his practical knowledge, in the one case, he would not in the other. No man, Mr. C. said, except the gentle- man from Maryland, had come out with what he would call the hardihood to contend that, on the ground of principle and mere public law, the exercise of the right of recogniz- ing another power is cause of war. But, said Mr. C. though the gentleman from South Carolina admitted, that recogni- tion would be no cause of war, and that it was not likely to lead to a war withSpain,we found him, shortly after, getting into a war with Spain, how, I did not see, and by some means, which he did not deign to discover to us, getting us into a war with England also. Having satisfied himself, by this course of reasoning, the gentleman had discovered, that the finances of Spain were in a most favourable condition! On this part of the subject, Mr. C. said, it was not necessary for him to say any thing after what the committee had heard from the eloquent gentleman from Massachusetts, (Mr. Holmes) whose voice, in a period infinitely more critical in our affairs than the present, had been heard with so much delight from the east in support of the rights and honour of the country. He had clearly shown, that there was no pa- rallel between the state of Spain and of this country — the one of a country whose resources were completely impov- erished and exhausted; the other of a country whose resour- ces were almost untouched. But, Mr. C. said, he would ask of the gentleman from South Carolina, if he could con- ceive that a state, in the condition of Spain, whose minister of the treasury admits that the people have no longer the means of paying new taxes — a nation with an immense mass of floating debt, and totally without credit, could feel any anx- iety to engage in war with a nation like this, whose situation was, in every possible view, directly the reverse.'' He asked, if an annual revenue, equal only to five-eighths of the annual expenditure, exhibited a financial ability to enter upon a 164 MISSION TO SOUTH AMERICA. new war, when, too, the situation of Spain was altogether unlike that of the United States and England, whose credit, resting upon a solid basis, enabled them to supply, by loans, any deficit in the income? Notwithstanding the diversity of sentiment which had been displayed during the debate, Mr. C. was happy to find that, with one exception, every member had done justice to the struggle in the south, and admitted it to be entitled to the favor of the best feelings of the human heart. Even my honor- able friend near me, (Mr. Nelson) has made a speech on our side, and we should not have found out, if he had not told us, that he would vote against us. Although his speech has been distinguished by his accustomed eloquence, I should be glad, Mr. C. said, to agree on a cartel with the gentle- men on the other side of the house, to give them his speech for his vote. The gentleman says, his heart is with us, that he ardently desires the independence of the south. Will he excuse me for telling him, that if he will give himself up to the honest feelings of his heart, he will have a much surer guide than by trusting to his head, to which, however, I am far from offering any disparagement? But, sir, it seems that a division of the republican party as about to be made by the proposition under consideration. Who is to furnish, in this respect, the correct criterion; whose conduct is to be the standard of orthodoxy? What has been the great principle of the party to which the gentleman from Virginia refers, from the first existence of the government to the present day? An attachment to liberty, a devotion to the great cause of humanity, of freedom, of self-govern- ment, and of equal rights. If there is to be a division, as the gentleman says; if he is going to leave us, who are fol- lowing the old track, he may, in his new connexions, find a greater variety of company, which, perhaps, may indem- nify him for the loss of his old friends. What is the great principle that has distinguished parties in all ages and under all governments — democrats and federalists, whigs and to- ries, plebeians and patricians? The one, distrustful of human nature, appreciates less the influence of reason and of good dispositions, and appeals more to physical force; the other party, confiding in human nature, relies much upon moral power, and applies to force as an auxiliary only to the op- erations of reason. All the modifications and denominations of political parties and sects may be traced to this fundamen- MISSION TO BOUTH AMERICA 155 tal distinction. It is that which separated the two great parties in this country. If there is to be a division in the re- publican party, I glory that I, at least, am found among those who are anxious for the advancement of human rights and of human liberty; and the honourable gentleman who spoke of appealing to the public sentiment, will find, when he does so, or [ am much mistaken, that public sentiment is also on the side of public liberty and of human happiness. But ihe gentleman from South Carolina, has told us, continued Mr. C. that the constitution has wisely confided to the executive branch of the government, the administra- tion of the foreign interests of the country. Has the honour- able gentleman attempted to show, though his proposition be generally true, and will never be controverted by me, that we also have not our participation in the administration of the foreign concerns of the country, when we are called upon in our legislative capacity, to defray the expenses of foreign missions, or to regulate commerce? Mr. C. said, he had stated, when up before, and he had listened in vain for an answer to the argument, that no part of the constitution had said which should have the precedence, the act making the appropria- tion for paying a minister, or the act of sending one. He had then contended, and now repeated, that either the acts of deputing and of paying a minister should be simultaneous, or, if either had the preference, the act of appropriating his pay should precede tlie sending of a minister. He challeng- ed gentlemen to show him any thing in the constitution which directed that a minister should be sent before his payment was provided for. He repeated, what he had said the other day, that, by sending a minister abroad, during the recess, to nations between whom and us no such relations existed as to justify incurring the expense, the legislative opinion was forestalled, or unduly biassed. He appealed to the prac- tice of the government, and referred to various acts of con- gress for cases of appropriations, without the previous de- putation of the agent abroad, and without the preliminary of a message from the president, asking for them. Mr. C. here quoted the act, authorising the establishment of certain consulates in the Mediterranean, and affixing salaries thereto, in consequence of which the president had subsequently ap- pointed consuls, who had been receiving their salaries to this day: other acts he quoted, of a similar character, from which it appeared, he said, that congress had constantly lee MISSION TO south America. pursued the great principle of the theory of the constitution, for which he now contended — that each department of the government must act within its own sphere, independently and on its own responsibility. It was alittle extraordinary, in- deed, after the doctrine which had been maintained the other day, of a sweeping right in congress to appropriate money to any object, that it should now be contended that congress had no right to appropriate money to a particular object. The gentleman's (Mr. Lowndes) doctrine was broad, comprehending every case; but, when proposed to be exemplified in any specific case, it did not apply. Mr. C. said, his theory of the constitution, on this particular subject, was that congress had the right of appropriating money for foreign missions; the president the power to use it. ihe president having the power, he was willing to say to him, " here is the money, which we alone have a right to appropriate, which will enable you to carry your power into effect, if it seems expedient to you." Both being before him, the power and the means of executing it, the president would judge, on his own responsibility, whether or not it was expedient to exercise it. In this course, Mr. C. said, each department of the government would act independent- ly, without influence from, and without interference with, the other. He had stated cases, from the statute book, to show, that, in instances where no foreign agent had been appointed, but only a possibility of there being appointed, appropriations had been made for paying them. He proceeded to show, that, even in the case of the subject matter of a negociation (a right much more important than that of sending an agent,) an appropriation of money had preceded the negociation of a treaty. Thus, in the third volume of the new edition of the laws, page twenty- seven, he (juoted a case of an appropriation of twenty-ftve thousand eight hundred and eighty dollars to defray the expense of such treaties as the president of the United States might deem proper to make with certain Indian tribes. An act, which had been lately referred to, appropriating two mil- lions for the purchase of the Floridas, was a case still more strongly in point, as contemplating a treaty, not with a savage, but a civilized power. In this case, there might have been, though he believed there was not, an executive message, re- commending the appropriation; but he took upon him to as- sert, that, in almost all the cases he had quoted, there was no previous executive intimation that the appropriation of MISSION TO SOUTH AMERICA. 167 the money was necessary to the object — but congress had taken up the subjects, and authorized these appropriations, without any official call from the executive to do so. With regard to the general condition of the provinces now in revolt against the parent country, Mr. C. proceeded to say, he would not take up much of the time of the house. Gentlemen were, however, much mistaken as to many of the points of their history, geography, commerce and produce, which had been touched upon. Cientlemen had supposed there would be from those countries a considerable competi- tion of the same products which we export. Mr. C. ventured to say, that, in regard to Mexico, there could be no such com- petition, thai the table lands were at such a distance from the sea shore, and the difficulty of reaching it was so so great as to make the transportation to La Vera Cruz too expensive to be borne, and the heat so intense as to destroy the bread stuflfs as soon as they arrive. With respect to New Grenada, the gentleman from Maryland was entirely mistaken. It was the elevation of Mexico, principally, which enabled it to produce bread stuffs; but New Grenada, lying nearly under the line, could not produce them. The productions of new Grenada for exportation were the precious metals, (of which, of gold particularly, a greater portion was to be found than in any of the provinces except Mexico) sugar, coffee, cocoa, and some other articles of a similar character. Of Venezuela the principal productions were coffee, cocoa, indigo, and some sugar. Sugar was also produced in all the Guianas, French, Spanish, and Dutch. The interior of the provinces of La Plata might be productive of bread stuffs, but they were too remote to come into competition with us in the West India market, the voyages to the United States generally occupy- ing from fifty to sixty days, and sometimes as long as ninety days. By deducting from that number the average passage from the United States to the West Indies, the length of the usual passage between Buenos Ayres and the West In- dies would be found, and would show that, in the supply of the West India market with bread stuffs, the provinces could never come seriously into competition with us. And, with regard to Chili, productive as it might be, did the gentle- man from Maryland suppose that vessels were going to double Cape Horn, and come into competition with us in the West Indies? It was impossible. But, Mr. C. said, he felt a reluctance at pursuing the discussion of this part of the 168 MISSION TO SOUTH AMERICA. question; because he was sure these were considerations on which the house could not act, being entirely unworthy of the subject. We might as well stop all our intercourse with Eng- land, with France, or with the Baltic, whose products are in many respects the same as ours, as to act on the present occasion under the influence of any such considerations. It was too selfish, too mean a principle, for this body to act on, to refuse its sympathy for the patriots of tht- south, because some little advantage of a commercial nature mignt be re- tained to us from their remaining in the present condition — which, however, he totally denied. Three fourths of the productions of the Spanish provinces were the precious me- tals, and the greater part of the residue not of the same char- acter as the staple productions of our soil. But, it seemed, that a pamphlet had recently been published on this subject, to which gentlemen had referred, — Now, said JVlr. C. per- mit me to express a distrust of all pamphlets of this kind, unless we know their source. It may, for aught 1 know, if not composed at the instance of the Spanish minister, have been written by some merchant who hab a privilege of trad- ing to Lima under royal license; for such do exist, as I am informed, and some of them procured under the agency of a celebrated person by the name of Sarmiento, of whom perhaps the gentleman from Maryland (Mr. Smith) could give the house some information. To gentlemen thus pri- vileged to trade with the Spanish provinces under royal au- thority, the effect of a recognition of the independence of the provinces would be to deprive them of that monopoly. The reputed author of the pamphlet in question, Mr. C. said, if he understood correctly, was one who had been, if he were not now deeply engaged in the trade, and he would venture to say that many of his statements were incorrect. In relation to the trade ot Mexico, Mr. C. said, he happen- ed to possess the Koyal Gazette of Mexico of 1804, show- ing what was the trade of that province in 1803; from which it appeared that, without making allowance for the trade from the Philippine Islands to Acapulco, the imports into the port of Vera Cruz were in that year twenty-two millions in value, exclusive of contraband, the amount of which was very considerable. Among these articles were many which the United States could supply as well, if not on better terms, than they could be supplied from any other quarter; for ex- ample, brandy and spirits; paper, iron, implements for agri- MISSION TO SOUTH AMERICA. 169 culture and the mines; wax, spices, naval stores, salt fish, butter, provisions; these articles amounting, in the whole, to one-seventh part of the whole import trade to Mexico. With regard to the independence of that country, which gen- tlemen seemed to think improbable, Mr. C. rejoiced that he was able to congratulate the house that we have, this morn- ing, intelligence that Mina yet lives, and the patriot flag is still unfurled, and the cause infinitely more prosperous than ever. This intelligence, he was much in hopes, would prove true, notwithstanding the particular accounts of his death; which, there was so much of fabrication and falsehood in the Spanish practice, were not entitled to credit unless corrobo- rated by other information. Articles were manufactured in one province to produce effect on other provinces, and in this country; and he had therefore always been disposed to think that the details respecting the capture and execution of Mina were too minute to be true, and were made up to produce an effect here. With regard to the general value of the trade of a country, Mr. C. said, itis tobedeterminedby the quantum of its popu- lation, and its character, its productions, and the extent and character of the territory; and applying these criteria to Spanish America, no nation offered higher inducements to commercial enterprize. Washed on the one side by the Pa- cific, on the other by the South Atlantic, standing between Africa and Europe on the one hand, and Asia on the other, lying along side of the United States; her commerce must, when free from the restraints of despotism, be immensely im- portant; particularly when it is recollected how great a propor- tion of the precious metals it produced — for that nation which can command the precious metals, may be said to command almost the resources of the world. One moment, said Mr. C. imagine the mines ofthe South locked up from Great Britain for two years, what would be the effect on her paper system? Bankruptcy, explosion, revolution. Even if the supply which we get abroad ofthe precious metals was cut off for any length of time, I ask if the effect on our paper system would not be, not perhaps equally as fatal as to England, yet one of the greatest calamities which could befall this country. The revenue of Spain in Mexico alone, was in 1809, twenty mil- lions of dollars, and in the other provinces in about the same proportion, taking into view their population, independent of the immense contributions annuallv paid to the clergy. Z 170 MISSION TO SOUTH AMERICA. When you look at the resources of the country, and the ex- tent of its population, recollecting that it is double our ownj that its consumption of foreign articles, under a free com- merce would be proportionally great; that it yields a large revenue under the most abominable system, under which nearly three-fourths of the population are unclad, and almost as naked as from the hands of nature, because absolutely de- prived of the means of clothing themselves, what may not be the condition of this country, under the operation of a dif- ferent system which would let industry develop its resour- ces in all possible forms? Such a neighbour could not but be a valuable acquisition in a commercial point of view. Gentlemen had denied the fact of the existence of the in- dependence of Buenos Ayres at as early a date as he had assigned to it. The gentleman from South Carolina, who ■was well informed on the subject, had not, Mr. C. thought, exhibited his usual candour on this part of it. When the gentleman talked of the Upper Provinces being out of the possession of the patriots as late as 1815, he ought to have gone back and told the house what was the actual state of the fact, with which he was sure the gentleman was very well acquainted. In 1811 the government of Buenos Ayres had been in possession of every fool of the territory of the Vice Royalty. The war had been raging from 1811 to 1815 in those interior provinces, bordering on Lima, which had been as often as three times conquered by the enemy, and as often recovered, and from which the enemy was now finally expelled. Was this at all remarkable during the pro- gress of such a revolution? During the different periods of cur war of independence, the British had possession of dif- ferent parts of our country; as late as 1780, the whole of the southern states were in their possession; and at an earlier date they had possession of the great northern capitals. There was, in regard to Buenos Ayres, a distinguishing trait, which did not exist in the history of our revolution. That was, that from 18iO to the present day, the capital of the re- public of La Plata had been invariably in the possession of the patriot government. Gentlemen must admit that when, in 1814, she captured at Monte Video an army as large as Burgoyne's, captured at Saratoga, they were then in pos- session of independence. If they have been since 1810 in the enjoyment of self-government, it was, indetd, not very material under what name or under what form. The fact MISSION TO SOUTH AMERICA. tti of their independence is all that is necessary to be established. In reply to the argument of the gentleman from South Ca- rolina, derived from his having been unable to find out the number of the provinces, this arose from the circumstance that, thirty-six years ago, the Vice Royalty had been a Cap- the Generalship; that it extended then only to Tucuman, whilst of late and at present the government extended to the Desaguedera, in about the sixteenth degree of south la- titude. There were other reasons why there was some con- fusion in the number of the provinces, as stated by different writers; there was, in the first place, a territorial division of the country — then a judicial, and next a military division, and the provinces have been stated at ten, thirteen, or twen- ty, according to the denominations used. This, however, he, with the gentleman from South Carolina, regarded as a fact of no sort of consequence. Mr. C. said he would pass over the report lately made to the house by the department of state, respecting the state of South America, with only one remark; that it appeared to him to exhibit evidence of an adroit and experienced dip- lomatist, negociating, or rather conferring on a subject, with a young and inexperienced minister, from a young and in- experienced republic. From the manner in which this re- port was communicated, after a call for information so long made, and after a lapse of two months from the last date in the correspondence on the subject, Mr. C. declared he was mortified at hearing the report read. Why talk of the mode of recognition? Why make objections to the form of the commission? If the minister had not a formal power, why not tell him to send back for one? Why ask of him to enu- merate the particular states whose independence he wished acknowledged? Suppose the French minister had asked of Franklin, what number of states he represented'' Thirteen, if you please, Franklin would have replied. But M. Frank- lin, will you tell me if Pennsylvania, whose capital is in possession of the British, be one of them? What would Dr. Franklin have said? Mr. C. said it would have comported better with the frankness of the American character, and of American diplomacy, if the secretary, avoiding cavils about the form of the commission, had sres was unfavorable. Take it altogether, Mr. Clay said, he believed it was not. But, he said, he put but little trust in such accounts. In our revolution, incre- dulity of reports and newspaper stories, propagated by the enemy, had been so strengthened by experience, that at last nothing was believed which was not attested by the signa- ture of " Charles Thomson." Mr. Clay said he was some- what similarly situated; he could not believe these reports — he wished to see '' Charles Thomson" before he gave full credit to them. The vessel which had arrived at Baltimore, and which, by the way, by its valuable cargo of specie, hides, and tallow, gave evidence of a commerce worth pursuing — brought some rumor of a difference between Artigas and the authorities of Buenos Ay res. With respect to the Ban- da Oriental, which was said to be occupied by Artigas, Mr. Clay said it constituted but a very subordinate part of the A a 178 MISSION TO SOUTH AMERICA. territory of the United Provinces of La Plata; and it could be no more objection to recognizing the nation because that province was not included within its power, than it could have been to our recognition because several states held out against the adoption of the consMtution. Mr. Clay repeat- ed that before he attached any confidence to a letter not signed " Charles Thomson," he must know who the man is who writes it; what are his sources of information, his character for veracity, &c. and of all those particulars we ■were deprived of information in the case of the recent in- telligence in the Baltimore papers, as extracted from pri- vate letters. But, said Mr. Clay, we are charged, on the present occa- sion, with treading on sacred ground. Let me suppose, what I do not believe would be the case, that the president had expressed an opinion one way, and we another. At so early a period of our government, because a particular in- dividual fills the presidential chair; an individual whom I highly respect, more perhaps than some of those who would be considered his exclusive friends, is the odious doctrine to be preached here, that the chief magistrate can do no wrong? Is the doctrine of passive obedience and non-resist- ance — are the principles of the Stewarts, to be revived in this free government? Is an opinion to be suppressed and scouted because it is in opposition to the opinion of the pre- sident? Sir, as long as I have a seat on this floor, I shall not hesitate to exert the independence which belongs to the re- presentative character — I shall not hesitate to express my opinions, coincident or not with those of the executive. But, Mr. Clay said that he could show that this cry had been raised on the present occasion, without reason. He supposed a case: that the president had sent a minister to Buenos Ayres, and this house had been called on to make an appropriation for the payment of his salary. He asked of gentlemen whether in that case they would not have voted an appropriation? And had not the house a right to deliberate on the propriety of doing so, as well before as after a minister was sent? Would gentlemen please to point out the difference? I contend, said Mr- Clay, that we are the true friends of the executive; and that the title does not belong to those who have taken it. We wish to extend his influence, and give him patronage; to give him means, as he has now the power, to send another minister abroad. MISSION TO SOUTH' AMERICA. I79 But, apart from this viAvy of the qu'estion, as regarded the executive power, this house, Mr. Cl&y said, had the incon- testible right to recogruze a foreign* nation in the exercise of its power to regulate commerce'.. with foreign nations. Suppose, for example, we passed air act to regulate trade between the United States and Buenos Ayres, the existence of the nation would bd thereby recognized — as we could not regulate trade with a nation which does not exist. The gentleman from Maf-yland, (Mr. Smith) and the gentleman from Virginia, (Mr. Smyth )_^the great cham|iion of executive power, and the opponent of legislative autho- rity, had contended that recognition wot^d be cause of war. Mr. Clay said these ge^ntlemen were reduced to this dilem- ma. If it was cause of war the executi« ought not to have the right to produce a \%ar upon the co.untry without con- sulting congress. If it was no cause qi war, it is an act which there was no danger in performii^. There would be very little difference in principle betweertVvesting the execu- tive with the power of declaring war, q* with the power of necessarily leading the country into yar, without con- sulting the authority to whom the pow^jr of making war is confided. But Mr. ^ay denied that it was cause of war: but, if it were, the sense of congress ought certainly in some way or other to be taken on it, before that step was taken. He knew, he said, that some of the most distinguish- ed statesmen in the country, had taken the view of this sub- ject, that the power to recognize the independence of any nation did not belong to the president; that it was a power too momentous and consequential in its character to belong to the executive. His own opinion, Mr. Clay confessed, was different, believing the povjer to belong to either the president or congress, and that it might, as most conveni- ent, be exercised by either. If aid was to be given, to af- ford which would be cause of war*, however, congress alone could give it. This house, then, Mr. Clay said, had the power to act on this subject, even thqugh the president had expressed his opinion; which he had not, further than, as appeared by the report of the secretary of state, to decide that in January last, it would not be proper to recognize them. But, Mr. Clay said, the president stood pledged to recognize the re- public, if, on the return of the commissioners, whom he has deputed, they should make report favorable to the stability 180 MISSION ^TO SOUTH AMERICA. of the government. Those commieiioners sailed in Decem- ber last, and might be expected to return in three or four months from this time. When they returned, then, congress Avould not be in session. The m-esident thus standing pledged, said Mr. Clay, I ask, if We, who are disposed to invest him with the means of recognizing that indepen- dence, of redeeming his pledge, art not the true friends of the executive, and \\hether the opponents of this motion do not act as though they were t^t his friends; Suppose the chairman of the committee of foreign relations had report- ed a provision for an appropriation of that description which I propose, said Mr. Clay, should we not all have voted for it? And could any |[entlemarii be so pliant, as on the mere ground of an executive recommendation, to vote an appro- priation without exercising his ov*n faculties on the ques- tion; and yet, when there is no such suggestion, will not even so far act for himself as to determine whether a re- public is so independent that we may fairly take the step of recognition of it?' He hoped that no such submission to the executive pleasure would characterize this house. One more remark, and, Mr. Clay said, he had done. One gentleman told the house that the poplilation of the Spanish provinces was eighteen millions; that we, with a population of two millions only, had conquered our independence — and that, if the southern provinces willed it, they must be free. This population, Mr. Clay said, he had already stated, consisted of distinct nations, having l^t little, if any, inter- course, the largest of which was Mexico; and they were so separated by immense distances, that it was impossible there should be any co-op«^ation between them. Besides, they have difficulties to encounter which we had not. They have a noblesse; they are divided into jealous castes, and a vast proportion of Indians — to which adding the great in- fluence of the clergy, and it would be seen how widely dif- ferent the circumstances of Spanish America were from those under which the revolution in thislcountry was brought to a successful termination. He had already shown how deep rooted was the spirit of liberty in that country. He instanced the little island of Margarita, against which the whole force of Spain had been in vain directed; containing a population of only sixteen thousand souls, but where every man, woman and child was a Grecian soldier in defence of ireedom. For many years the spirit of freedom had been MISSION TO SOUTH AMERICA. 181 struggling in Venezuela, and Spain had been unable to con- quer it. Morillo, in an official despatch transmitted to the minister of marine of his own country, avows that Angos- tura and all Guayana are in possession of the patriots, as well as all the country from which supplies could be drawn. According to the last accounts, Bolivar and other patriot commanders were concentrating their forces and were with- in one day's march of Morillo; and if they did not forsake the Fabian policy, which was the true course for them, the result would be that even the weakest of the whole of the provinces of Spanish America, would establish its indepen- dence, and secure the enjoyment of those rights and bless- ings which rightfully belong to it. 182 ON THE TARIFF. iSpeech on the Tariffs delivered in the House of ifepre&enta- tives^-26th Aprzl^ 1820. Mr. Chairman: Whatever may be the value of my opi- nions on the interesting subject now before us, they have not been hastily formed. It may possibly be recollected by some gentlemen, that I expressed them when the existing tariff was adopted: and that I then urged, that the period of the termination of the war, during which the manufacturing in- dustry of the country had received a powerful spring, was precisely that period when government was alike impelled, by duty and interest, to protect it against the free admission of foreign fabrics, consequent upon a state of peace. I in- sisted, on that occasion, that a less measure of protection would prove more efficacious, at that time, than one of greater extent at a future day. My wishes prevailed only in part; and we are now called upon to decide whether we will correct the error which, I think, we then committed. In considering the subject, the first important inquiry that we should make is, whether it be desirable that such a por- tion of the capital and labor of the country should be em- ployed, in the business of manufacturing, as would furnish a supply of our necessary wants? Since the first colonization of America, the principal direction of the labor and capital of the inhabitants has been to produce raw materials for the consumption or fabrication of foreign nations. We have al- ways had, in great abundance, the means of subsistence, but we have derived chiefly from other countries our clothes, and the instruments of defence. Except during those inter- ruptions of commerce arising from a state of war, or from measures adopted for vindicating our commercial rights, we have experienced no very great inconvenience heretofore from this mode of supply. The limited amount of our sur- plus produce, resulting from the smallness of our numbers, and the long and arduous convulsions of Europe, secured us good markets for that surplus in her ports or those of her colonies. But those convulsions have now ceased, and our population has reached nearly ten millions. A new epoch ON THE TARIFF. Ig3 has arisen; and it becomes us deliberately to contemplate our own actual condition, and the relations which are likely to exist between us and the other parts of the world. The actual state of our population, and the ratio of its progres- sive increase when compared with the ratio of the increase of the population of the countries which have hitherto con- sumed our raw produce, seem, to me, alone to demonstrate the necessity of diverting some portion ot our industry from its accustomed channel. We double our population in about the term of twenty -five years. If there be no change in the mode of exerting our industry, we shall double, during the same term, the amount of our exportable produce. Europe, including such of her colonies as we have free access to, taken altogether, does not duplicate her population in a shorter term, probably, than one hundred years. The ratio of the increase of her capacity of consumption, therefore, is, to that of our capacity of production, as one is to four. And it is manifest, from the simple exhibition of the powers of the consuming countries, compared v;ith those of the sup- plying country, that the former are inadequate to the latter. It is certainly true, that a portion of the mass of our raw produce, which we transmit to her, reverts to us in a fabri- cated form, and that this return augments with our increas- ing population. This is, however, a very inconsiderable ad- dition to her actual ability to afford a market for the pro- duce of our industry. I believe that we are already beginning to experience the want of capacity in Europe to consume our surplus produce. Take the great articles of cotton, tobacco, and bread-stuffs. For the latter we have scarcely any foreign demand. And is there not reason to believe that we have reached, if we have not passed, the maximum of the foreign demand for the other two articles? Considerations connected with the cheapness of cotton, as a raw material, and the facility with which it can be fabricated, will probably make it be more and more used as a substitute for other materials. But, after you allow to the demand for it the utmost extension of which it is susceptible, it is yet quite limited — limited by the number of persons who use it, by their wants, and their abilitN to supply them. If we have not reached, therefore the maximum of the foreign demand, (as I believe we have) we must soon lully satisfy it. With respect to tobacco, that article affording an enjoyment not necessary, as food and 1S4, ON THE TARIFF. clothes are^ to human existence, the foreign demand for it is still more precarious, and I apprehend that we have al- ready passed its limits. It appears to me, then, that, if we consult our interest merely, we ought to encourage home manufactures. But there were other motives to recommend it, of not less importance. The wants of man may be classed under three great heads — food, raiment, and defence. They are felt alike in the state of barbarism and of civilization. He must be de- fended against the lerocious beasts ot prey in the one con- dition, and against the ambition, violence, and injustice, in- cident to the other. 11 he seeks to obtain a supply of those wants without giving an equivalent, he is a beggar or a rob- ber; if, by promising an equivalent which he cannot give, he is fraudulent; and if, by a commerce, in which there is per- fect freedom on his side, whilst he meets with nothing but restrictions on the other, he submits to an unjust and degra- ding inequality. What is true of individuals is equally so of nations. The country, then, which relies upon foreign nations for either of those great essentials, is not, in fact, independent. Nor is it any consolation for our dependence upon other nations, that they also are dependent upon us, even were it true. Every nation should anxiously endea- vor to establish its absolute independence, and consequently be able to feed and clothe and defend itself. If it rely upon a foreign supply, that may be cut off by the caprice of the nation yielding it, by war with it, or even by war with other nations, it cannot be independent. But it is not true that any other nations depend upon us in a degree any thing like equal to that of our dependence upon them, for the great necessaries to which I have referred. Every other nation seeks to supply itself with them from its own resources; and, so strong is the desire which they feel to accomplish this purpose, that they exclude the cheaper foreign article for the dearer home production. Witness the English policy in regard to corn. So selfish, in this respect, is the conduct of other powers, that, in some instances, they even prohibit the produce of the industry of their own colonies, when it comes into competition with the produce of the parent country. All other countries but our own exclude, by high duties, or abso- lute prohibitions, whatever they can respectively produce within themselves. The truth is, and it is in vain to dis- guise it, that we are a sort of independent colonies of En- ON THE TARIFF. 185 gland — politically free, commercially slaves. Gentlemen tell us of the advantages of a free exchange of the produce of the world. But they tell us of what has never existed, does not exist, and perhaps never will exist. They invoke us to give perfect freedom on our side, whilst, in the ports of every other nation, we are met with a code of odious restrictions, shutting out entirely a great part of our produce, and let- ting in only so much as they cannot possibly do without. I ■will hereafter examine their favourite maxim, of leaving things to themselves, more particularly. At present I will only say, that I too am a friend to free trade, but it must be a free trade of perfect reciprocity. If the governing con- sideration were cheapness; if national independence were to weigh nothing; if honor nothing; why not subsidize for- eign powers to defend us? why not hire Swiss or Hessian mercenaries to protect us? why not get our arms of all kinds, as we do, in part, the blankets and clothing of our soldiers, from abroad? We should probably consult economy by these dangerous expedients. But, say gentlemen, there are to the manufacturing sys- tem some inherent objections, which should induce us to avoid its introduction into this country: and we are warned by the example of England, by her pauperism, by the vices of her population, her wars, &c. It would be a strange or- der of providence, if it were true, that he should create necessary and indispensable wants, and yet should render us unable to supply them without the degradation or con- tamination of our species. Pauperism is, in general, the effect of an overflowing po- pulation. Manufactures may undoubtedly produce a redun- dant population; but so may commerce, and so may agri- culture. In this respect they are alike; and, from whatever cause the disproportion of a population to the subsisting fa- culty of a country, may proceed, its effect of pauperism is the same. Many parts of Asia would exhibit, perhaps as afflicting effects of an extreme prosecution of the agricultu- ral system, as England can possibly furnish, respecting the manufacturing. It was not, however, fair to argue from these extreme cases, against either the one system or the other. There are abuses incident to every branch of industry, to every profession. It would not be thought very just or wise to arraign the honourable professions of law and physic, be- cause the one produces the pettifoger, and the other the B b 186 ON THE TARIFF. quack. Even in England it has been established by the dili- gf nt search of Colquhoun, from the most authentic evidence, the judicial records of the country, that the instances of crime were much more numerous in the agricultural than in the manufacturing districts; thus proving that the cause of wretchedness and vice, in that country, was to be sought for, not in this or that system, so much as in the fact of the density of its population. France resembles this country more than England, in respect to the employments of her population; and we do not find that there is any thing in the condition of the manufacturing portion of it which ought to dissuade us from the introduction of it into our own coun- try. But even France has not that great security against the abuses of the manufacturing system, against the effects of too great a density of population, which we possess in our ■waste lands. Whilst this resource exists we have nothing to apprehend. Do capitalists give too low wages; are the la- bourers too crowded, and in danger of starving? the unset- tled lands will draw off the redundancy, and leave the others better provided for. If an unsettled province, such as Texas, for example, could, by some convulsion of nature, be waft- ed along side ot, and attached to, the island of Great Britain, the instantaneous effect would be, to draw off the redundant portion ot the population, and to render more comfortable both the emigrants and those whom they would leave behind. I am aware that whilst the public domain is an acknowledg- ed security against the abuses of the manufacturing, or any other system, it constitutes, at the same time, an impedi- ment, in the opinion of some, to the success of manufactur- ing industry, by its tendency to prevent the reduction of the wages of labor. Those who urge this objection have their eyes too much fixed on the ancient system of manufacturing, when manual labor was the prmcipal instrument which it employed. During the last half century, since the inventions of Arkwright, and the long train of improvements which followed, the labor of machinery is principally used. I have understood, from sources of information which 1 believe to be accurate, that the combined force of all the machinery employed by Great Britain, in manufacturing, is equal to the laljor of one hundred millions of able bodied men. If we suppose the aggregate of the labor of all the individuals which she employs in that branch of industry, to be equal to the united labor of two millions of able bodied men, (and ON THE TARIFF. 18^ I should think it does not exceed it,) machine labor will stand to manual labor, in the proportion of one hundred to two. There cannot be a doubt that we have skill and enter- prise enough to command the requisite amount of machine power. There are, too, some checks to emigration from the settled parts of our country to the waste lands of the west. Dis- tance is one, and it is every day becoming greater and great- er. There exists, also, a natural repugnance (ith less, it is true, in the United States than elsewhere, but felt even herej to abandoning the place of our nativity. Women and children, who could not migrate, and who would be com- paratively idle if manufactures did not exist, may be profit- ably employed in them. This is a very great benefit. 1 wit- nessed the advantage resulting from the employment of this description of our population, in a visit which I lately made to the Waltham manufactory, near Boston. There, some hundreds of girls and boys were occupied in separate apart- ments. The greatest order, neatness, and apparent comfort reigned throughout the whole establishment. The daugh- ters of respectable farmers — in one instance I remember the daughter of a senator in the state legislature, were usefully employed. They would come down to the manufactory, remain perhaps some months, and return, with their earn- ings, to their families, to assist them throughout tlie year. But one instance had occurred, I was informed by the intel- ligent manager, of doubtful conduct on the part of anv of the females, and, afier she was dismissed, there was reason to believe that injustice had been done her. Suppose that establishment to be destroyed, what would become of all the persons who are there engaged so beneficially to them- selves, and so usefully to the state? Can it be doubted that if the crowds of little mendicant boys and girls who infest this edifice, and assail us, every day, at its very thresholds, as we come in and go out, begging for a cent, were employ- ed in some manufacturing establishment, it would be better for them and the city? 1 hose who object to the manufac- turing system, should recollect, that constant occupation is the best security for innocence and virtue; and that idit ness is the parent of vice and crime. They should contemplate the labouring poor with employment, and ask themselves what would be their condition without it. If there are in- stances of hard task masters among the manufacturers, so 188 ON THE TARIFF, also are there In agriculture. The cause is to be sought for, not in the nature of this or that system, out in the nature of man. If there are particular species of unhealthy employ- ment in manufactures, so there are in agriculture also. There has been an idle attempt to ridicule the manufacturing sys- tem, and we have heard the expression " spinning jenny tenure." It is one of the noblest inventions of human skill. It has diffused comforts among thousands who, without it, would never have enjoyed them; and millions yet unborn will bless the man by whom it was invented. Three impor- tant inventions have distinguished the last half century, each of which, if it had happened at long intervals of time from the other, would have been sufficient to constitute an epoch in the progress of the useful arts. The first was that of Arkwright; and our own country was entitled to the merit of the other two. The world is indebted to Whitney for the one, and to Fulton for the other. Nothing is secure against the shafts of ridicule. What would be thought of a man who should speak of a cotton gin tenure, or a steam boat tenure? In one respect there is a great difference in favor of man- ufactures, when compared with agriculture. It is the rapi- dity with which the whole manufacturing community avail themselves of an improvement. It is instantly communicated and put in operation. There is an avidity for improvement in the one system, an aversion from it in the other. The habits of generation after generation pass down the long tract of time in perpetual succession, without the slightest change in agriculture. The ploughman who fastens his plough to the tails of his cattle, will not own that there is any other mode equal to his. An agricultural people will be in the neighborhood of other communities who have made the greatest progress in husbandry, without advanc- ing in the slightest degree. Many parts of our country are one hundred years in advance of Sweden in the cultivation and improvement of the soil. It is objected, that the effect of the encouragement of home manufactures by the proposed tariff will be, to dimin- ish the revenue from the customs. The amount of the re- venue from that source will depend upon the amount of importations, and the measure of these will be the value of the exports from this country. The quantity of the export- able produce will depend upon the foreign demand; and there can be no doubt that, under any distribution of the ON THE TARIFF. 189 labor and capital of this country from the greater allure- ments which agriculture presents than any other species of industry, there would be always a quantity of its produce sufficient to satisfy that demand. If there be a diminution in the ability of foreign nations to consume our raw pro- duce, in the proportion of our diminished consumption of theirs, under the operation of this system, that will be com- pensated by the substitution of a home to a foreign market, in the same proportion. It is true that we cannot remain in the relation of seller, only to foreign powers, for any length of time; but if, as I have no doubt, our agriculture will con- tinue to supply, as far as it can profitably, to the extent of the limits of the foreign demand, we shall receive not only in return many of the articles on which the tariff operates, for our own consumption, but they may also form the ob- jects of trade with South America and other powers, and our comforts may be multiplied by the importation of other articles. Diminished consumption in consequence of the augmentation of duties does not necessarily imply dimin- ished revenue. The increase of the duty may compensate the decrease in the consumption, and give you as large a revenue as you before possessed. Can any one doubt the impolicy of government resting solely upon the precarious resource of such a revenue? It is constantly fluctuating. It tempts us, by its enormous amount, at one time, into extravagant expenditure; and we are tlien driven, by its sudden and unexpected depression, into the opposite extreme. We are seduced by its flattering promises into expenses which we might avoid; and we are afterwards constrained, by its treachery, to avoid expenses which we ought to make. It is a system under which there is a sort of perpetual war, between the interest of the go- vernment and the interest of the people. Large importations fill the coffers of government, and empty the pockets of the people. Small importations imply prudence on the part of the people, and leave the treasury empty. In war the reve- nue disappears; in peace it is unsteady. On such a system the government will not be able much longer exclusively to rely. We all anticipate that we shall have shortly to resort to some additional supply of revenue within ourselves. I was opposed to the total repeal of the internal revenue. I would have preserved certain parts of it at least, to be ready for emergencies, such as now exist. And I am, for one, ready to exclude foreign spirits altogether, and substitute to the 190 ON THE TARIFF. revenue levied on them a tax upon the spirits made within the country. No other nation lets in so much of foreign spirits as we do. By the encouragement of home industry you will lay a basis of internal taxation, when it gets strong, that will be steady and uniform, yielding alike in peace and in war. We do not derive our ability from abroad, to pay taxes. That depends upon our wealth and our industry; and it is the same whatever may be the form of levying the pub- lic contributions. But it is urged, that you tax other interests of the state to sustain manufacturers. The business of manufacturing, if encouraged, will be open to all. It is not for the sake of the particular individuals, who may happen to be engaged in it, that we propose to foster it; but it is for the general interest. We think that it is necessary to the comfort, and well being of society, that fabrication, as well as the business of produc- tion and distribution should be supported and taken care of. Now, if it be even true, that the price of the home fabric will be somewhat higher, in the first instance, than the rival foreign articles, that consideration ought not to prevent our extending reasonable protection to the home fabric. Present temporary inconvenience may be well submitted to for the sake of future permanent benefit. If the experience of all other countries be not utterly fallacious; if the promises of the manufacturing system be not absolutely illusory, by the competition which will be elicited, in consequence of your parental care, prices will be ultimately brought down to a level with that of the foreign commodity. Now, in a scheme of policy which is devised tor a nation, we should not limit our views to its operation, during a single year, or for even a short term of years. We should look at its operation for a considerable time, and in war as well as in peace. Can there be a doubt, thus contemplating it, that we shall be com- pensated by the certainty and steadiness of the supply, in all seasons, and the ultimate reduction of the price for any temporary sacrifices we make? Take the example of salt, which the ingenious gentleman from Virginia (Mr. Archer) has adduced. He says during the war the price of that ar- ticle rose to ten dollars per bushel, and he asks, if you would lay a duty, permanent in its duration, of three dol- lars per bushel to secure a supply in war. I answer no, I would not lay so high a duty. That which is now proposed, for the encouragement of the domestic production, is only five cents per bushel. In forty years the duty would amount Al ON THE TARIFF. 191 enly to two dollars. If the recurrence of war, shall be only after intervals of forty years peace, (and we may expect it probably oftener,) and if, when it does come, the same price should again be given, there will be a clear saving of eight dollars, by promoting the domestic fabrication. All society is an affair of mutual concession. If we expect to derive the benefits which are incident to it, we must sustain our rea- sonable share of burthens. The great interests which it is intended to guard and cherish, must be supported by their reciprocal action and reaction. The harmony of its parts is disturbed — the discipline which is necessary to its order is incomplete, when one of the three great and essential bran- ches of its industry is abandoned and unprotected. If you want to find an example of order, of freedom from debt, of economy, of expenditure falling below, rather than exceeding income, you will go to the well regulated family of a farm- er. You will go to the house of such a man as Isaac Shelby. You will not find him haunting taverns, engaged in broils, prosecuting angry law suits. You will behold every member of his family clad with the produce of their own hands, and usefully employed; the spinning wheel and the loom in mo- tion by day break. With what pleasure will his wife carry you into her neat dairy, lead you into her store house, and point you to the table cloths, the sheets, the counterpanes which lie on this shelf for one daughter, or on that for ano- ther, all prepared in advance by her provident care for the day of their respective marriages. If you want to see an opposite example, go to the house of a man who manufac- tures nothing at home, whose family resorts to the store for every thing they consume. You will find him perhaps in the tavern, or at the shop at the cross roads. He is engaged, with the rum grog on the table, taking depositions to make out some case of usury or fraud. Or perhaps he is furnishing to his lawyer the materials to prepare a long bill of injunc- tion in some intricate case. The sheriff is hovering about his farm to serve some new writ. On court days (he never misses attending them,) you will find him eagerly collecting his witnesses to defend himself against the merchants' and doctors' claims. Go to his house, and, after the short and giddy period that his wife and daughters have flirted about the country in their calico and muslin frocks, what a scene of discomfort and distress is presented to you there! What the individual family of Isaac Shelby is, I wish to see the 192 ON THE TARIFF. nation in the aggregate become. But I fear we shall short- ly have to contemplate its resemblance in the opposite pic- ture. If statesmen would carefully observe the conduct of private individuals in the management of their own affairs, they would have much surer guides, in promoting the in- terests of the state, than the visionary speculations of theo- retical writers. The manufacturing system is not only injurious to agri- culture, but, say its opponents, it is injurious also to foreign commerce. We ought not to conceal from ourselves, our present actual position, in relation to other powers. During the protracted war which has so long convulsed all Europe, and which will probably be succeeded by a long peace, we transacted the commercial business of other nations, and largely shared, with England, the carrying trade of the world. Now, every other nation is anxiously endeavouring to transact its own business, to rebuild its marine and to foster its navigation. The consequence of the former state of things was, that our mercantile marine and our commercial em- ployment were enormously disproportionate to the exchange- able domestic produce of our country. And the result of the latter will be, that, as the exchanges between this country and other nations will hereafter consist principally, on our part, of our domestic produce, that marine and that employ- ment will be brought down to what is necessary to effect those exchanges. 1 regret exceedingly this reduction. I wish the mercantile class could enjoy the same extensive com- merce that they formerly did. But, if they cannot, it would be a folly to repine at what is irrecoverably lost, and we should seek rather to adapt ourselves to the new circumstan- ces in which we find ourselves. If, as I think, we have reached the maximum of our foreign demand for our three great staples, cotton, tobacco, and flour, no man will contend that we should go on to produce more and more, to be sent to the glutted foreign market and consumed by devouring expenses, merely to give employment to our tonnage and our foreign commerce. It would be extremely unwise to accom- odate our industry to produce, not what was wanting abroad; but cargoes for our unemployed ships. I would give to our foreign trade every legitimate encouragement, and extend it whenever it can be extended profitably. Hitherto it had been stimulated too highly, bv the condition of the world, and our own policy acting on that condition. And we are re- ON THE TARIFF. 193 iuctant to believe that we must submit to its necessary abridgment. The habits of trade; the tempting instances of enormous fortunes which had been made by the successful prosecution of it, were such that we turn with regret from its pursuit; we still cherish a lingering hope; we persuade ourselves that something will occur, how and what it may be, we know not, to revive its former activity; and we would push into every untried channel, grope through the Dar- danelles into the Black Sea, to restore its former profits. I repeat it, let us proclaim to the people of the United States the incontestible truth, that our foreign trade must be cir- cumscribed by the altered state of the world; and, leaving it in the possession of all the gains which it can now possi- bly make, let us present motives to the capital and labor of our country to employ themselves in fabrication at home. There was no danger that, by a withdrawal of that portion which is unprofitably employed on other objects, and an ap- plication of it to fabrication, our agriculture would be too much cramped. The produce of it would always come up to the foreign demand. Such were the superior allurements belonging to the cultivation of the soil to all other branches of industry, that it would always be preferred when it can profitably be followed. The foreign demand would, in any conceivable state of things, limit the amount of the export- able produce of agriculture. The amount of our exporta- tions would form the measure of our importations, and, whatever these may be, they will constitute the basis of the revenue derivable from customs. The manufacturing system is favourable to the mainte- nance of peace. Foreign commerce is the great source of foreign wars. The eagerness with which we contend for every branch of it; the temptations which it offers, operating alike upon us and our foreign competitors, produce constant collisions. No country on earth, by the extent of its superfi- cies, the richness of its soil, the variety of its climate, con- tains within its own limits more abundant faculties for supply- ing all our rational wants than ours does. It is not necessary or desirable, however, to cut off all intercourse with foreign powers. But, after securing a supply, within ourselves, of all the great essentials of life, there will be ample scope still left for preserving such an intercourse. If we had no inter- course with foreign states, if we adopted the policy of Chi- na, we should have no external wars. And in proportion as C c 194 ON THE TARIFF. we diminish our dependence upon them, shall we lessen the danger of the recurrence of war. Our late war would not have existed if the counsels of the manufacturers in En- gland had been listened to. They finally did prevail, in their steady and persevering effort to produce a repeal of the orders in council; but it was too late to prevent the war. Those who attribute to the manufacturing s} stem the bur- thens and misfortunes of that country, commit a great error. These were probably a joint result of the operation of the whole of her systems, and the larger share of it was to be ascribed to her foreign commerce, and to the ambition of her rulers, than to any other cause. The war of our revolu- tion, in which that ambition displayed its monstrous arro- gance and pretensions, laid the broad foundation of that enormous debt under which she now groans. The tendency of reasonable encouragement to our home industry, is favourable to the preservation and strength of our confederacy. Now our connexion is merely political. For the sale of the surplus of the produce of our agricultu- ral labor, all eyes are constantly turned upon the markets of Liverpool. There is scarcely any of that beneficial inter- course, the best basis of political connexion which consists of the exchange of the produce of our labor. On our mari- time frontier there has been too much stimulus, an unnatu- ral activity; in the great interior of the country, there exists a perfect paralysis. Encourage fabrication at home and there would instantly arise animation and a healthful circulation throughout all the parts of the republic. The cheapness, and fertility, and quantity of our waste lands, offered such pow- erful inducements to cultivation, that our countrymen are constantly engaging in it. I would not check this disposition by hard terms in the sale of it. Let it be easily accessible to all who wish to acquire it. But I would countervail this predilection by presenting to capital and labor, motives for employment in other branches of industry. Nothing is more uncertain, than the pursuit of agriculture, when we mainly rely upon foreign markets for the sale of its surplus produce. In the first place, it is impossible to determine, a /?ri(?rz, the amount of this surplus; and, in the second, it is equally im- possible to anticipate the extent of the foreign demand. Both the one and the other depend upon the seasons. From the fluctuations incident to these, and from other causes, it may happen that the supplying country will, for a long series of ON THE TARIFF. I95 years, have employed a larger share of its capital and labor than is wise, in production to supply the wants of the con- suming countries, without becoming sensible of its defect of policy. The failure of a crop, or the failure of a market, does not discourage the cultivator. He renews his labours another year, and he renews his hopes. It is otherwise with manufacturing industry. The precise quantum of its produce, at least, can with some accuracy be previously estimated. And the wants of foreign countries can be with some pro- bability anticipated. I am sensible, Mr. Chairman, if I have even had a suc- cess, which I dare not presume, in the endeavor I have been making to show that sound policy requires a diversion of so much of the capital and labor of this country from other employments as may be necessary, by a different ap- plication of them, to secure, within ourselves, a steady and adequate supply of the great necessaries of life, I shall have only established one half of what is incumbent upon me to prove. It will still be required by the other side, that a se- cond proposition be supported, and that is, that government ought to present motives for such a diversion and new appli- cation of labor and capital, by that species of protection which the tariff holds out- Gentlemen say, we agree with you; you are right in your first proposition, but, " let things alone," and they will come right in the end. Now, I agree with them, that things would ultimately get right; but not until after a long period of disorder and distress, terminat- ing in the impoverishment, and perhaps ruin of the country. Dissolve government, reduce it to its primitive elements, and, without any general effort to reconstruct it, there would arise, out of the anarchy which would ensue, partial com- binations for the purpose of individual protection, which would finally lead to a social form, competent to the conser- vation of peace within, and the repulsion of force from with- out. Yet no one would say, in such a state of anarchy, let things alone! If gentlemen, by their favourite maxim, mean only that, within the bosom of the state, things are to be left alone, and each individual, and each branch of indus- try, allowed to pursue their respective interests, without giv- ing a preference to either, I subscribe to it. But if they give it a more comprehensive import; if they require that things be left alone, in respect not only to interior action, but to exterior action also; not only as regards the operation of our 19G ON THE TARIFF. own government upon the mass of the interests of the state, but as it relates to the operation of foreign governments upon that mass; I dissent from it. This maxim, in tliis enlarged sense, is indeed every where proclaimed; but no where practised. It is truth in the books of European political economists. It is error in the practi- cal code of every European state. It is not applied where it is most applicable; it is attempted to be introduced here, where it is least applicable; and even here its friends pro- pose to limit it to the single branch of manufacturing indus- try, whilst every other interest is encouraged and protected according to the policy of Europe. The maxim would best suit Europe, where each interest is adjusted and arranged to every other, by causes operating during many centuries. Every thing there has taken and preserved its ancient posi- tion. The house that was built centuries ago, is occupied by the desccndents of its original constructor. If one could rise up, after the lapse of ages, and enter a European shop, he- would see the same hammer at work, on the same anvil or last, and almost by the same hand. There every thing has found its place and its level, and every thing, one would think, might there be safely left alone. But the policy of the European states is otherwise. Here every thing is new and unfixed. Neither the state, nor the individuals who com- pose it, have settled down in their firm and permanent po- sitions. There is a constant tendency, in consequence of the extent of our public domain, towai'ds production for foreign markets. The maxim, in the comprehensive sense in wliich I am considering it, requires, to entitle it to observation, two conditions, neither of which exists. First, that there should be perpetual peace; and secondly, that the maxim should be every where respected. When war breaks out, that free and general circulation of the produce of industry, among the nations which it recommends, is interrupted, and the nation that depends upon a foreign supply of its neces- saries, must be subjected to the greatest inconvenience. If it be not every where observed, there will be, between the nation that does not, and the nation that does, conform to it, •m inequality alike condemned by honor and by interest. If there be no reciprocity; if, on the one side, there is perfect hcedom oi trade, and on the other a code of odious restric- tions, will gentlemen still contend that we are to submit tc fcuch an unprofitable and degrading intercourse? Will they ON THE TARIFF. jgy require that we shall act upon the social system, whilst eve- ry other power acts upon the selfish? Will they demand of us to throw widely open our ports to every nation, whilst all other nations entirely or partly occlude theirs against our productions? It is, indeed, possible, that some pecuniary advantage might be enjoyed by our country in prosecuting the remnant of the trade which the contracted policy of other powers leaves to us. But what security is there for our continuing to enjoy even that? And, is national honor, is national independence to count as nothing? 1 will not enter into a detail of the restrictions with which we are every where presented in foreign countries. I will content myself with asserting that they take nothing from us which they can produce themselves, upon even worse terms than we could supply them. Take, again, as an example, the En- glish corn laws. America presents the image of a fme generous hearted young fellow, who has just come to the possession of a rich estate — an estate, which, however, re- quires carelul management. He makes nothing; he buys every thing. He is surrounded by a parcel of jews, each holding out his hand with a packet of buttons or pins, or some other commodity, for sale. If he asks those jews to buy any thing which his state produces, ihey tell him no; it is not for our interest; it is not fur yours. Take this new book, says one of them, on political economy, and you will there perceive it is for your interest to buy from us, and to let things alone in your own country. The gentleman from Vir- ginia, to whom I have already referred, has surrendered the whole argument, in the example of the East India trade. He thinks that because India takes nothing but specie from us; because there is not a reciprocal exchange between us and India, of our respective productions, that the trade ought to be discontinued. Now I do not agree with him, that it ought to be abandoned, though i would put it under considerable restrictions, when it comes in competition with the fabrics of our own country. If the want of entire reci- procity be a suflicient ground for the total abandonment of a particular branch of trade, the same principle requires that, where there are some restrictions on the one side, they should be countervailed by equal restrictions on the other. But this maxim, according to which gentlemen would have us abandon the home industry of the country, to the influ- ence of the restrictive systems of other countries, without an effort to protect and preserve it, is not itself observed by 198 »^N THE TARIFF. the same gentleman, in regard to the great interests of the nation. We protect our fisheries by bounties and drawbacks. We protect our tonnage, by excluding a restricting foreign tonnage, exactly as our tonnage is excluded or restricted by foreign states. We passed, a year or two ago, the bill to pro- hibit British navigation from the West India colonies of that power to the United States, because ours is shut out from them. The session, prior to the passage of that law, the gen- tleman from South Carolina and I, almost alone, urged the house to pass it. But the subject was postponed until the next session, when it was passed by nearly a unanimous vote; the gentleman from South Carolina, and the two gen- tlemen from Virginia, (Messrs. Barbour and Tyler,) voting with the majority. We have now upon our table other bills connected with that object, and proposing restriction upon the French tonnage to countervail theirs upon ours. I shall, with pleasure, vote for these measures. We protect our foreign trade, by consuls, by foreign ministers, by embar- goes, by non-intercourse, by a navy, by fortifications, by squadrons constantly acting abroad, by war, and by a variety of commercial regulations in our statute book. The whole system of the general government, from its first formation to the present time, consists almost exclusively, in one un- remitting endeavor to nourish, and protect, and defend the foreign trade. Why have not all these great interests been left to the operation of the gentlemen's favourite maxim? Sir, it is perfectly right that we should have afforded this protection. And it is perfectly right, in my humble opinion, that we should extend the principle to the home industry^ I am a friend to foreign trade, but I protest against its being the monopolist of all the parental favor and care of this government. But, sir, friendly as I am to the existence of domestic manufactures, I would not give to them unreasonable en- couragement, by protecting duties. Their growth ought to be gradual, but sure. I believe all the circumstances of the present period highly favorable to their success. But they are the youngest and the weakest interest of the state. Agriculture wants but little or no protection against the regu- lations of foreign powers. The advantages of our position, and the cheapness and abundance and fertility of our land, afford to that greatest interest of the state almost all the protection it wants. As it should be, it is strong and flourishingj or, if ON THE TARIFF. 199 it be not, at this moment, prosperous, it is not because its produce is not ample, but because, depending as we do alto- gether upon a foreign market, for the sale of the surplus of that produce, the foreign market is glutted. Our foreign trade having almost exclusively engrossed the protecting care of government, wants no further legislative aid. And whatever depression it may now experience, it is attributable to causes beyond the control of this government. The abun- dance of capital, indicated by the avidity with which loans are sought, at the reduced rate of five per centum; the re- duction in the wages of labor; and the decline in the price of property of every kind, as well as that of agricultural produce, all concur favorably for domestic manufactures. Now, as when we arranged the existing tariff, is the auspi- cious moment for government to step in and cheer and coun- tenance them. We did too little then, and I endeavored to warn this house of the effects of inadequate protection. We were called upon, at that time, by the previous pledges we had given, by the inundation of foreign fabrics which was to be anticipated from their free admission after the termination of the war, and by the lasting interests of this country, to give them efficient support. We did not do it; but let us not now repeat the error. Our great mistake has been in the irregularity of the action of the measures of this government upon manufacturing industry. At one period it is stimulated too high, and then, by an opposite course of policy, it is precipitated into a condition of depression too low. First there came the embargo; then non-intercourse, and other restrictive measures followed, and finally that greatest of all stimuli to domestic fabrication, war. During all that long period we were adding, to the positive effect of the measures of government, all the moral encouragement which results from popular resolves, legislative resolves, and other manifestations of the public will and the public wish to foster our home manufactures, and to render our confederacy independent of foreign powers. The peace ensued, and the country was flooded with the fabrics of other countries; and we, forgetting all our promises, coolly and philosophically talk of leaving things to themselves; ma- king up our deficiency of practical good sense, by the stores of learning which we collect from theoretical writers. I, too, sometimes amuse myself with the visions of these writers (as I do with those of metaphysicians and novelists) and, if 200 ON THE TARIFF. I do not forget, one of the best among them, enjoins it upon a country to protect its industry against the injurious in- fluence of the prohibitions and restrictions of foreign coun- tries, which operate upon it. Monuments of the melancholy effects, upon our manufac- tures, and of the fluctuating policy of the councils of the union in regard to them, abound in all parts of the country. Villages, and parts of villages, which sprung up but yes- terday in the western country, under the excitement to which I have referred, have dwindled into decay and are abandon- ed. In New England, in passing along the highway, one frequently sees large and spacious buildings, with the glass broken out of the windows, the shutters hanging in ruinous disorder, without any appearance of activity, and enveloped in solitary gloom. Upon inquiring what they are, you are almost always informed that they were some cotton or other factory, which their proprietors could no longer keep in mo- tion against the overwhelming pressure of foreign compe- tition. Gentlemen ask ior facts to show the expediency and propriety of extending protection to our manufactures. Do they want stronger evidence than the condition of things I have pointed out? They ask why the manufacturing in- dustry is not resumed under the encouraging auspices of the present time? Sir, the answer is obvious; there is a general dismay; there is a want of heart; there is the greatest moral discouragement experienced throughout the nation. A man who engages in the manufacturing business is thought by his friends to be deranged. Who will go to the site on which lie the ruins of Carthage or Balbec to rebuild a city there? Let government commence a systematic, but moderate support of this important branch of our industry. Let it announce its fixed purpose, that the protection of manufac- tures against the influence of the measures of foreign govern- ments will enter into the scope of our national policy. Let us substitute to the irregular action of our measures one that shall be steady and uniform: and hope and animation and activity will again revive. The gentleman from South Carolina (Mr. Lowndes) offered a resolution, which the house rejected, having for its object to ascertain the profits now made upon capital employed in manufacturing. It is not, I repeat it, the individuals, but the interests we wish to have protected. From the infinite variety of circum- stances under which different manufacturing establishments ON THE TARIFF. 201 ure situated, it is impossible that any information, such as the gentleman desires, could be obtained, that ought to guide the judgment of this house. It may happen, that, of two establishments engaged in the same species of fabrication, one will be prospering and the other laboring. Take the ex- ample of the Waltham manufactory near Boston, and that of Brunswick in Maine. The former has the advantages of a fine water situation, a manager of excellent informa- tion, enthusiastically devoted to its success, a mechanist of most inventive genius, who is constantly making some new improvement, and who has carried the water loom to a de- gree of perfection which it has not attained in England; to such perfection as to reduce the cost of weaving a yard of cloth adapted to shirting to less than a cent per yard; while it is abundantly supplied with capital by several rich capi- talists in Boston. I'hese gentlemen have the most exten- sive correspondence with all parts of the United States. Owing to this extraordinary combination of favorable cir- cumstances, the Waltham establishment is doing pretty well. Whilst that of Brunswick, not possessing all of them, but perhaps as many as would enable it, under adequate pro- tection, to flourish, is labouring arduously. Would gentle- men infer, from the success of a few institutions having pe- culiar advantages, which form exceptions to the languishing condition of manufacturing industry, that there exists no necessity for protection? In the most discouraging state of trade and navigation, there were, no doubt, always some in- dividuals who were successful in prosecuting them. Would it be fair to argue from these instances, against any mea- sure brought forward to revive their activity? The gentleman from Massachusetts, (Mr. Whitman) has manifested peculiar hostility to the tariff, and has allowed himself to denominate it a mad, quixotic, ruinous scheme. The gentleman is dissatisfied with the quarter, (the west) from which it emanates. To give higher tone and more ef- fect to the gentleman's declamation, which is vague and in- definite, he has even assumed a new place in this house. Sir, I would advise the gentleman to return to his ancient position, moral and physical. It was respectable and useful. The honorable gentleman professes to be a friend to manu- facturers! And yet he has found an insurmountable consti- tutional impediment to their encouragement, of which, as no other gentleman has relied upon it, I shall leave him in the Dd 202 ON THE TARIFF. undisturbed possession. The honorable gentleman a friend to manufacturers! And yet he has delivered a speech, mark- ed with peculiar emphasis, against their protection. The honorable gentleman a friend to manufacturers! And yet he requires (if his constitutional difficulty could be remov- ed) such an arrangement of the tariff as shall please him, although every one else should be dissatisfied. The inti- mation is notnevjT of the presumptuousness of western poli- ticians in endeavoring to give to the policy of this country such a direction as will assert its honor and sustain its in- terests. It was first made whilst the measures preparatory to the late war were under consideration, and it now proba- bly emanates from the same quarter. The predilection of the school of the Essex Junto for foreign trade and British fabrics (I am far from insinuating that other gentlemen who are opposed to the tariff are actuated by any such spirit) is unconquerable. We disregarded the intimation when it was first made; we shall be uninfluenced by it now. If, in- deed, there were the least color for the assertion, that the foreign trade is to be crushed by the tariff, is it not strange that the whole of the representation from all our great com- mercial metropolises should unite to destroy it? The mem- ber from Boston (to whose national and disinterested course I am happy, on this, as on many other occasions, to be able to testify;) the lepresentatives from the city of New York, from Philadelphia, and from Baltimore, all entered into this confederacy, to destroy it, by supporting this mad and ruin- ous scheme. Some gentlemen assert that it is too compre- hensive. But its chief recommendation to me is, that it leaves no important interest unprovided for. The same gentlemen, or others, if it had been more limit- ed, would have objected to its partial operation. The gene- ral measure of the protection which it communicates, is pronounced to be immoderate and enormous. Yet no one ventures to enter into a specification of the particular arti- cles of which it is composed, to show that it deserves thus to be characterized. The article of molasses has, indeed, been selected, and held up as an instance of the alleged ex- travagance. The existing tariff imposes a duty of five cents; the proposed tariff ten cents per gallon. We tax foreign spirits very high, and yet we let in, with a very low duty, foreign molasses, which ought to be considered as rum in disguise, filling the space of so much domestic spirits. If ON THE TARIFF. 203 (which I do not believe will immediately be the case, to any considerable extent) the manufacture of spirits from molasses should somewhat decline under the new tariff, the manufacture of spirits from the raw material, produced at home, will be extended in the same ratio. Besides the in- cidental advantage of increasing our security against the effect of seasons of scarcity, by increasing the distillation of spirits from grain, there was scarcely any item in the ta- riff which combined so many interests in supporting the proposed rate of duty. The grain-growing country, the fruit country, and the culture of cane, would be all benefitted by the duty. Its operation is said, however, to be injurious to a certain quarter of the union. It was not to be denied, that each particular section of the country would feel some one or more articles of the tariff to bear hard upon it, dur- ing a short period; but the compensation was to be found in the more favorable operation of others. Now I am fully persuaded that, in the first instance, no part of the union would more largely than New England, share in the aggre- gate of the benefits resulting from the tariff. But the habits of economy of her people, their industry, their skill, their noble enterprize, the stimulating effects of their more rigor- ous climate, all tend to ensure to her the first and the rich- est fruits of the tai iff. The middle and the western states would come in afterwards for their portion, and all would participate in the advantage of internal exchanges and cir- culation. No quarter of the union could urge, with a worse grace than New England, objections to a measure, having for its object the advancement of the interests of the whole; for no quarter of the union participated more extensively in the benefits flowing from the general government. Her tonnage, her fisheries, her foreign trade, have been constant- ly objects of federal care. There was expended the great- est portion of the public revenue. The building of the pub- lic ships; their equipments; the expenses incident to their remaining in port, chiefly took place there. That great drain on the revenue, the revolutionary pension law, inclined prin- cipally towards New England. I do not however com- plain of these advantages which she enjoys. She is, proba- bly, fairly entitled to them. But gentlemen from that quar- ter may, at least, be justly reminded of them, when they complain of the onerous effect of one or two items of the tariff. 204 ON THE TARIFF. Mr. Chairman, I frankly own that I feel great solicitude for the success of this bill. The entire independence of my country on all foreign states, as it respects a supply of our essential wants, has ever been with me a favorite object. The war of our revolution effected our political emancipa- tion. The last war contributed greatly towards accomplish- ing our commercial freedom. But our complete indepen- dence will only be consummated after the policy of this bill shall be recognized and adopted. We have indeed great difficulties to contend with; old habits — colonial usages — the obduracy of the colonial spirit — the enormous profits of a foreign trade, prosecuted under favorable circumstances, which no longer continue. I will not despair; the cause, I verily believe, is the cause of the country. It may be post- poned; it may be frustrated for the moment, but it must fi- nally prevail. Let us endeavour to acquire for the present congress, the merit of having laid this solid foundation of the national prosperity. If, as I think, fatally for the public interest, the bill shall be defeated, what will be the charac- ter of the account which we shall have to render to our con- stituents upon our return among them? We shall be asked, what have you done to remedy the disorders of the public currency? Why, Mr. secretary of the treasury made us a long report on that matter, containing much valuable infor- mation, and some very good reasoning, but, upon the whole, we found that subject rather above our comprehension, and we concluded that it it was wisest to let it regulate itself. "What have you done to supply the deficit in the treasury? We thought that, although you are all endeavoring to get out of the banks, it was a very good time for us to go intO- them, and we have authorized a loan. You have done some- thing, then, certainly, on the subject of retrenchment. Here, at home, we are practising the greatest economy, and our daughters, no longer able to wear calico gowns, are obliged to put on homespun. Why, we have saved, by the indefati- gable exertions of a member from Tennessee, (gen. Cocke) fifty thousand dollars, which were wanted for the Yellow Stone expedition. No, not quite so much; for thirty-thou- sand dollars of that sum were slill wanted, although we stopt the expedition at the Council Bluflfs. And we have saved another sum, which we hope will give you great satisfaction. After near two days debate, and a division between the two houses, we struck off two hundred dollars from the salarv ON THE TARIFF. 205 of the clerk of the attorney general. What have you done to protect home industry from the effects of the contracted policy of foreign powers? We thought it best, after much deliberation, to leave things alone at home, and to continue our encouragement to foreign industry. Well, surely, you have passed some law to reanimate and revive the hopes of the numerous bankrupts that have been made by the extra- ordinary circumstances of the world, and the ruinous ten- dency of our policy? No; the senate could not agree on that subject, and the bankrupt bill failed! Can we plead, sir, ignorance of the general distress, and of the ardent wishes of the community for that protection of its industry, which this bill proposes? No, sir, almost daily, throughout the session, have we been receiving petitions, with which our tableis now loaded, humbly imploring us to extend this pro- tection. Unanimous resolutions from important state legis- latures have called upon us to give it, and the people of whole states in mass — almost in mass, of New York, New Jersey, Pennsylvania, and Ohio — have transmitted to us their earnest, and humble petitions to encourage the home industry. Let us not turn a deaf ear to them. Let us not disappoint their just expectations. Let us manifest, by the passage of this bill, that congress does not deserve the re- proaches which have been cast on it, of insensibility to the v/ants and the sufferings of the people. 206 ON THE SPANISH TREATY. Speech on the Spanish Treaty^ delivered in the House of Representatives^ Monday^ 3d April^ 1820. The house having resolved itself into a comaiittee of the whole, on the state of the union; and the following resolu- tions, submitted some days ago by Mr. Clay (the speaker) being under consideration: 1. Resolved, that the Constitution of the United States vests in congress the power to dispose of the territory be- longing to them, and that no treaty, purporting to alienate any portion thereof, is valid without the concurrence of congress. 2. Resolved, that the equivalent proposed to be given by Spain to the United States in the treaty concluded be- tween them, on the twenty-second February, 1819, for that part of Louisiana lying west of the Sabine, was inadequate; and that it would be inexpedient to make a transfer thereof to any foreign power, or to renew the aforesaid treaty — Mr. Clay said, that, whilst he felt very grateful to the house for the prompt and respectful manner in which they had allowed him to enter upon the discussion of the reso- lutions which he had the honour of submitting to their no- tice, he must at the same time frankly say, that he thought their character and consideration, in the councils of this country, were concerned in not letting the present session pass off without deliberating upon our affairs with Spain. In coming to the present session of congress, it had been his anxious wish to be able to concur with the executive branch of the government in the measures which it might conceive itself called upon to recommend on that subject, for two reasons, of which, the first, relating personally to himself, he would not trouble the committee with further noticing. The other was, that it appeared to him to be always desir- able, in respect to the foreign action of this government, that there should be a perfect coincidence in opinion between its several co-ordinate branches. In time, however, of peace it might be allowable to those who are charged with the ON THE SPANISH TREATY, 207 public interests to entertain and express their respective views, although there might be some discordance between them. In a season of war there should be no division in the public councils; but an united and vigorous exertion to bring the war to an honourable conclusion. For his part, when- ever that calamity may befal his country, he would entertain but one wish, and that is, that success might crown our struggle, and the war be honorably and gloriously termi- nated. He would never refuse to share in the joys incident to the victory of our arms, nor to participate in the griefs of defeat and discomfiture. He conceded entirely in the sentiment once expressed by that illustrious hero, whose recent melancholy fall we all so sincerely deplore, that for- tune may attend our country in whatever war it may be in- volved. There are two systems of policy, he said, of which our government had had the choice. The first was, by appealing to the justice and affections of Spain, to employ all those persuasives which could arise out of our abstinence from any direct countenance to the cause of South America and the observance of a strict neutrality. The other was, by appealing to her justice also and to her fears, to prevail upon her to redress the injuries of which we complain, — her fears by a recognition of the independent governments of South America, and leaving her in a state of uncertainty as to the further step we might take in respect to those governments. The unratified treaty was the result of the first system. It could not l)e positively affirmed what effect the other system would have produced; but he verily be- lieved that, whilst it rendered justice to those governments, and would have better comported with that magnanimous policy which ought to have characterized our own, it would have more successfully tended to an amicable and satisfac- tory arrangement of our differences with Spain. The first system has so far failed. At the commencement of the session, the president recommended an enforcement of the provisions of the treaty. After three months delibe- ration, the committee of foreign affairs, not being able to concur with him, he has made us a report recommending the seizure of Florida in the nature of a reprisal. Now the president recommends our postponement of the subject until the next session. It had been his (Mr. Clay's) intention, whenever the committee of foreign affairs should engage 208 ON THE SPANISH TREATY. the house to act upon their bill, to offer, as a substitute for it, the system which he thought it became this country to adopt, of which the occupation of Texas, as our own, would have been a part, and the recognition of the independent governments of South America another. If he did not now bring forward this system, it was because the committee proposed to withdraw their bill, and because he knew too much of the temper of the house and of the executive, to think that it was advisable to bring it forward. He hoped that some suitable opportunity might occur during the ses- sion, for considering the propriety of recognizing the inde- pendent governments of South America. Whatever Mr. C. might think of the discretion which was evinced in recommending the postponement of the bill of the committee of foreign relations, he could not think that the reasons, assigned by the president for that recom- mendation, were entitled to the weight which he had given them, Mr. C. thought the house was called upon, by a high sense of duty, seriously to animadvert upon some of those reasons. He believed it was the first example, in the annals of the country, in which a course of policy, respecting one foreign power, which we must suppose had been deliberately considered, has been recommended to be abandoned, in a domestic communication from one to another co-ordinate branch of the government, upon the avowed ground of the interposition of foreign powers. And what is the nature of this interposition? It is evidenced by a cargo of scraps ga- thered up from this charge d'affaires, and that — of loose con- versations held with this foreign minister, and that — perhaps mere levee conversations, without a commitment in writing, in a solitary instance, of any of the foreign parties concerned, except only in the case of his imperial majesty; and what was the character of his commitment we shall presently see. But, Mr. C. said, he must enter his solemn protest against this and every other species of foreign interference in our matters with Spain. What have they to do with them? Would ihey not repel as officious and insulting intrusion, any in- terference on our part in their concerns with foreign states? Would his imperial majesty have listened, with complacency, to our remonstrances against the vast acquisitions which he has recently made? He has lately trammed his enormous maw with Finland, and with the spoils of Poland, and, whilst the difficult process of digestion is going on, he throws ON THE SPANISH TREATY. 209 himself upon a couch, and cries out — don't, don't disturb my repose. He charges his minister here to plead the cause of peace and concord! The American " government is too enlight- ened" (ah! sir, how sweet this unction is, which is poured down our backs,) to take hasty steps. And his imperial majesty's minister here is required to engage (Mr. C. said he hoped the original expression was less strong, but he believed the French word engager bore the same meaning,) the American government, &c." "" Nevertheless the empei'or does not interpose in this discussion." No! not he. He, makes above all "no pretension to exercise influence in the councils of a foreign power." Not the slightest. And yet, at the very instant when he is protesting against the impu- tation of this influence, his interposition is proving efi'ectual! His imperial majesty has at least manifested so far, in this particular, his capacity to govern his empire, by the selection of a sagacious minister. For if count Nesselrode had never written another paragraph, the extract from his despatch to Mr. Poletica, which has been transmitted to this house, will demonstrate that he merited the confidence of his mas- ter. It is quite refreshing to read such state papers, after perusing those (he was sorry to say it, he wished there was a veil broad and thick enough to conceal them forever,) which this treaty had produced on the part of our govern- ment. Conversations between my lord Castlereagh and our min- ister at London had also been communicated to this house. Nothing from the hand of his lordship is produced; no! he does not commit himself in that way. The sense in which our minister understood him, and the purport of certain parts of despatches from the British government to its min- ister at Madrid, which he deigned to read to our minister, are alone communicated to us. Now we know very well how diplomatists, when it is their pleasure to do so, can wrap themselves up in mystery. No man more than my lord Castlereagh, who is also an able minister, possessing much greater talents than are allowed to him generally in this country, can successfully express himself in ambiguous language, when he chooses to employ it. Mr. C. recollected himself once to have witnessed this facility, on the part of his lordship. The case was this. When Bonaparte made his escape from Elba and invaded France, a great part of Ee 310 ON THE SPANISH TREATY. Europe believed it was with the connivance of the British ministry. The opposition charged them, in parliament with it, and they were interrogated to know what measures of precaution they had taken against such an event. Lord Cas- tlereagh replied by stating, that there was an understanding' with a certain naval officer of high rank, commanding in the adjacent seas, that he was to act on certain contingencies. Now, Mr. Chairman, if you can make any thing intelligible out of this reply you will have much more success than the English opposition had. The allowance of interference by foreign powers in the affairs of our government, not pertaining to themselves, is against the counsels of all our wisest politicians, — those of "Washington, Jefferson, and he would also add those of the present chief magistrate; for, pending this very Spanish negociation, the offer of the mediation of foreign states was declined, upon the true ground that Europe had her system, and we ours; and that it was not compatible with our policy to entangle ourselves in the labyrinths of hers. But a me- diation is far preferable to the species of interference on which it had been his reluctant duty to comment. The me- diator is a judge, placed on high, his conscience his guide, the world his spectators, and posterity his j\idge. His posi- tion is one, therefore, of the greatest responsibility. But what responsibility is attached to this sort of irregular, drawing room, intriguing interposition? He could see no motive for governing or influencing our policy, in regard to Spain, furnished m any of the communications which respected the disposition of foreign powers. He regretted for his part, that they had at all been consulted. There was nothing in the character of the power of Spain; nothing in the beneficial nature of the stipulations of the treaty to us, which warranted us in seeking the aid of foreign powers, if in any case whatever that aid were desirable. He was far from saying that, in the foreign action of this government, it might not be prudent to keep a watchful eye upon the probable conduct of foreign powers. That might be a ma- terial circumstance to be taken into consideration. But he never would avow to our own people, — never promulgate to foreign powers, that their wishes and interference were the controlling cause of our policy. Such promulgation would lead to the most alarming consequences. It was to invite further interposition. It might, in process of time, create ON THE SPANISH TREATY. 211 in the bosom of our country a Russian faction, a British faction, a French faction. Every nation ought to be jealous of this species of interference, whatever was its form of government. But of all forms of government the united testimony of all history admonished a republic to be most guarded against it. From the moment Philip intermeddlea ' with the affairs of Greece, the liberty of Greece was doomed to inevitable destruction. Suppose, said Mr. C. we could see the communications which have passed between his imperial majesty and the British government, respectively, and Spain, in regard to the United States; what do you imagine would be their character? Do you suppose the same language has been held to Spain and to us? Do you not, on the contrary, be- lieve, that sentiments have been expressed to her, consoling to her pride? That we have been represented, perhaps, as an ambitious republic, seeking to aggrandize ourselves at her expense? In the other ground taken by the president, the present distressed condition of Spain, for his recommendation of forbearance to act during the present session, Mr. C. was also sorry to say that it did not appear to him to be solid. He could well conceive how the weakness of your aggressor might, when he was withholding from you justice, form a motive for your pressing your equitable demands upon him; but he could not accord in the wisdom of that policy which would wait his recovery of strength, so as to enable him successfully to resist those demands. Nor would it comport with the practice of our government heretofore. Did we not, in 1811, when the present monarch of Spain was an ignoble captive, and the people of the Peninsula were con- tending for the inestimable privelege of self-government, seize and occupy that part of Louisiana which is situated between the Mississippi and the Perdido? What must the people of Spain think of that policy which would not spare them, and which commiserates alone an unworthy prince, who ignominiously surrendered himself to his enemy; a vile despot, of whom I cannot speak in appropriate language without departing from the respect due to this house or to myself? What must the people of South America think of this sympathy for Ferdinand, at a moment when they, as well as the people of the Peninsula themselves, (if we are to believe the late accounts, and God send that they may be true,) are struggling for liberty? 212 ON THE SPANISH TREATY Again: when we declared our late just war against Great Britain, did we wait for a moment when she was free from embarrassment or distress; or did we not rather wisely select a period when there was the greatest probability of giving success to our arms? What was the complaint in England; what the language of faction here? Was it not that we had cruelly proclaimed the war at a time when she was strug- gling for the liberties of the world? How truly, let the sequel and the voice of impartial history tell. Whilst he could not, therefore, Mr. C. said, persuade himself, that the reasons assigned by the president for post- poning the subject of our Spanish affairs until another ses- sion, were entided to all the weight which he seemed to think belonged to them, he did not nevertheless regret that the particular project recommended by the committee of foreign relations was thus to be disposed of; for it was war — war, attempted to be disguised. And if we went to war, he thought it should have no other limit than indemnity for the past, and security for the future. He had no idea of the wisdom of that measure of hostility which would bind us, whilst the other party is left free. Before he proceeded to consider the particular proposi- tions which the resolutions contained which he had had the honour of submitting, it was material to determine the actual posture of our relations to Spain. He considered it too clear to need discussion, that the treaty was at an end; that it contained in its present state, no obligation whatever upon us, and no obligation whatever on the part of Spain. It was as if it had never been. We are remitted back to the state of our rights and our demands which existed prior to the conclusion of the treaty, with this only difference, that, in- Sftead of being merged in, or weakened by the treaty, they had acquired all the additional force which the intervening time and the faithlessness of Spain can communicate to them. Standing on this position, he should not deem it necessary to interfere with the treaty-making power, if a fixed and persevering purpose had not been indicated by it, to obtain the revival of the treaty. Now he thought it a bad treaty. The interest of the country, as it appeared to him, forbade its renewal. Being gone, it was perfectly incomprehensible to him why so much solicitude was mainfested to restore it. Yet it is clung to with the same sort of frantic affection with which the bereaved mother hugs her dead infant in the vain hope of bringing it back to life. ON THE SPANISH TREATY. 213 Has the house of representatives a right to express its opinion upon the arrangement made in that treaty? The president, by asking congress to carry it into effect, has given us jurisdiction of the subject, if we had it not before. We derive from that circumstance the right to consider, 1st, if there be a treaty; 2dly, if we ought to carry it into eifect; and, 3dly, if there be no treaty, whether it be expedient to assert our rights, independent of the treaty. It will not be contended that we are restricted to that specific mode of redress which the president intimated in his opening mes- sage. The first resolution which he had presented, asserted that the constitution vests in the congress of the United States the power to dispose of the territory belonging to them; and that no treaty, purporting to alienate any portion thereof, is valid, without the concurrence of congress.* It was far from his wish to renew at large a discussion of the treaty- making power. The constitution of the United States had not defined the precise limits of that power, because, from the nature of it, they could not be prescribed. It appeared to him, however, that no safe American statesman would assign to it a boundless scope. He presumed, for example, that it would not be contended that in a goveinment which was itself limited, there was a functionary without limit. The first great bound to the power in question, he appre- hended, was, that no treaty could constitutionally transcend the very objects and purposes of the government itself. He thought, also, that wherever there were specific grants of powers to congress, they limited and controlled, or, he would rather say, modified the exercise of the general grant of the treaty-making power, upon the principle which was familiar to every one. He did not insist that the treaty-making power could not act upon the subjects committed to the charge of congress; he merely contended that the concur- rence of congress in its action upon those subjects was / necessary. Nor would he insist that the concurrence should precede that action. It would be always most desirable that it should precede it, if convenient, to guard against the com- mitment of congress, on the one hand, by the executive, or * The proposition which it asserts was, he thought, sufficiently main- tained by barely reading the clause in the constitution on which it rests; " The congress shall have power to dispose, &c. the territory or other property belonging to the United States." ) 214 ON THE SPANISH TREATY. on the other, what might seem to be a violation of the faith of the country, pledged for the ratification of the treaty. But he was perfectly aware, that it would be very often highly inconvenient to deliberate, in a body so numerous as congress, on the nature of those terms on which it might be proper to treat with foreign powers. In the view of the subject which he had been taking, there was a much higher degree of security to the interests of this country. For, with all respect to the president and senate, it could not disparage the wisdom of their councils, to add to that of this house also. But, if the concurrence of this house be not necessary in the cases asserted; if there be no restriction upon the power he was considering, it might draw to itself and absorb the whole of the powers of government. To contract alliances; to stipulate for raising troops to be em- ployed in a common war about to be waged; to grant sub- sidies, even to introduce foreign troops within the bosom of the country, were not unfrequent instances of the exercise of this power; and if in all such cases the honour and faith of the nation were committed, by the exclusive act of the president and senate, the melancholy duty alone might be left to congress of recording the ruin of the republic* Supposing, however, that no treaty which undertakes to dispose of the territory of the United States is valid, without the concurrence of congress, it may be contended that such treaty may constitutionally fix the limits of the territory of the United States, where they are disputed, without the co-operation of congress. He admitted it, when the fixation of the limits simply was the object. As in the case of the river St. Croix, or the more recent stipulation in the treaty of Ghent, or in that of the treaty of Spain in l79j. In all these cases, the treaty-making power merely reduces to certainty that which was before unascertained. It announces * The bouse of representatives has uniformly maintained its right to deliberate upon those treaties, in which their co-operation was asked by f the executive. In the first case that occurred in the operation of our t government, that of the treaty, commonlj called Mr. Jay's treaty, after ; general Washington refused to communicate his instructions to that ' minister, the house asserted its rights, by fifty odd votes to thirty odd. In the last case that occurred, the convention in 1815 with Great Britain, although it passed off upon what was called a compromise, this house substantially obtained its object; (or, if that convention operated as a repeal of the laws with which it was incompatible, th^e act which passed was altogether unnecessary. ON THE SPANISH TREATY. 215 the fact; it proclaims in a tangible form, the existence of the boundary. It does not make a new boundary; it asserts only where the old boundary was. But it cannot, under colour of fixing a boundary previously existing, though not in fact marked, undertake to cede away, without the concurrence of congress, whole provinces. If the subject be one of a mixed character, if it consists partly of cession, and partly ef the fixation of a prior limit, he contended that the presi- dent must come here for the consent of congress. But in the Florida treaty it was not pretended that the object was simply a declaration of where the western limit of Louisiana was. It was, on the contrary, the case of an avowed cession ^ of territory from the United States to Spain. The whole of the correspondence manifested that the respective parties to the negociation were not engaged so much in an inquiry where the limit of Louisiana was, as that they were ex- changing overtures as to where it should be. Hence, we find various limits proposed and discussed. At one time the Mississippi is proposed; then the Missouri; then a river discharging itself into the gulf east of the Sabine. A vast desert is proposed to separate the territories of the two powers; and finally the Sabine, which neither of the parties had ever contended was the ancient limit of Louisiana, is adopted, and the boundary is extended from its source by a line perfectly new and arbitrary; and the treaty itself pro- claims its purpose to be a cession from the United States to Spain. The second resolution comprehended three propositions; \^ the first of which was, that the equivalent granted by Spain 1 to the United States for the province of Texas was inade- quate. To determinate this it was necessary to estimate the / value of what we gave and of what we received. This ( involved an inquiry into our claim to Texas. It was not his purpose to enter at large into this subject. He presumed the spectacle would not be presented of questioning, in this branch of the government, our title to Texas, which had been constantly maintained, by the executive for more than fifteen years past, under three several administrations. He was at the same time ready and prepared to make out our title, if any one in the house were fearless enough to con- trovert it. He would, for the present, briefly state, that the man who is most familiar with the transactions of this government, who largely participated in the formation of 216 ON THE SPANISH TREATY. our constitution, and all that has been done under it, who, besides the eminent services that he has rendered his country, principally contributed to the acquisition of Louisiana, who must be supposed, from his various opportunities, best to know its limits, declared, fifteen years ago, that our title to the Rio del Norte was as well founded as it was to the island of New Orleans. [Here Mr. C. read an extract from a memoir presented in 1805, by Mr. Monroe and Mr. Pinckney, to Mr. Cevallos, proving that the boundary of Louisiana extended eastward to the Perdido, and westward to the Rio del Norte, in which thev say, — " The facts and aHprinciple'i which justify this conclusion, are so satisfactory to their government as to convince it that the United States have not a better right to the island of New Orleans, under the cession referred to, than they have to the whole district of territory thus described."] The title to the Perdido on the one side, and to the Rio del Norte on the other, rested ; on the same principle, — the priority of discovery and of f occupation by France. Spain had first discovered and made an establishment at Pensacola; France at Dauphine island in the bay of Mobile. The intermediate space was unoccu- pied; and the principle observed among European nations having contiguous settlements, being that the unoccupied space between them should be equally divided, was applied to it, and the Perdido thus became the common boundary. So, west of the Mississippi, La Salle, acting under France, ' in 1682 or 3, first discovered that river. In 1685, he made an establishment on the bay of St. Bernard, west of the ' Colorado, emptving into it. The nearest Spanish settlement ' was Panuco, and the Rio del Norte, about the midway line, ^Jjecame the common boundary. All the accounts concurred in representing Texas to be extremely valuable. Its superficial extent was three or four times greater than that of Florida, The climate was delicious; the soil fertile; the margins of the rivers abounding in live oak; and the country admitting of easy settlement. It pos- sessed, moreover, if he were not misinformed, one of the finest ports in the gulf of Mexico. The productions of which it was capable, were suited to our wants. The unfortunate captive of St. Helena wished for ships, commerce, and colonies. We have them all, if we do not wantonly throw them away. The colonies of other countries are separated from them by vast seas, requiring great expense to protect ON THE SPANISH TREATY. 217 \ them, and are held subject to a constant risk of their being \ torn from their grasp. Our colonies, on the contrary, are united to and form a part of our continent; and the same Mississippi, from whose rich deposit, the best of them j (Louisiana,) has been formed, will transport on her bosom the brave, the patriotic men from her tributary streams, to ' defend and preserve the next most valuable, the province of Texas. -^^/^ We wanted Florida, or rather we shall want it; or, to speak more correctly, we want no body else to have it. We do not desire it for immediate use. It fills a space in our imagination, and we wish it to complete the arrondizement of our territory. It must certainly come to us. The ripened fruit will not more surely fall. Florida is inclosed in between Alabama and Georgia, and cannot escape. Texas may. Whether we get Florida now, or some five or ten years hence, it is of no consequence, provided no other power gets it; and if any other power should attempt to take it, an existing act of congress authorises the president to prevent it. He was not disposed to disparage Florida, but its intrinsic / / value was incomparably less than that of Texas. Almost ' its sole value was military. The possession of it would undoubtedly communicate some additional security to Louisiana, and to the American commerce in the gulf of Mexico. But it was not very essential to have it for pro- tection to Georgia and Alabama. There could be no attack upon either of them, by a foreign power, on the side of Florida. It now covered those states. Annexed to the United States, and we should have to extend our line of defence so as to embrace Florida. Far from being, therefore, a source of immediate profit, it would be the occasion of considerable immediate expense. The acquisition of it was certainly a fair object of our policy; and ought never to be lost sight of. It is even a laudable ambition in any chief magistrate to endeavour to illustrate the epoch of his ad- ministration, by such an acquisition. It was less necessary, however, to fill the measure of honors of the present chief magistrate, than that of any other man, in consequence of the large share which he had in obtaining all Louisiana. But, whoever may deserve the renown which may attend the incorporation of Florida into our confederacy, it is our business, as the representatives of that people, who are to pay the price of it, to take care, as far as we constitutionally Ff 218 ON THE SPANISH TREATY. can, that too much is not given. He would not give Texas for Florida in a naked exchange. We were bound by the treaty to give not merely Texas, but five millions of dollars, also, and the excess beyond that sum of all our claims upon Spain, which have been variously estimated at from fifteen to twenty millions of dollars! The public is not generally apprized of another large consideration which passed from us to Spain; if an inter- pretation which he had heard given to the treaty were just; and it certainly was plausible. Subsequent to the transfer, but before the delivery of Louisiana from Spain to France, the then governorof New Orleans (hebelieved hisname was Gay- oso,) made a number of concessions upon the payment of an in- considerable pecuniary consideration, amounting to between nine hundred thousand, and a million acres of land, similar to those recently made at Madrid to the royal favorites. This land is situated in Feliciana, and between the Missis- sippi and the Amit6, in the present state of Louisiana. It was granted to persons who possessed the very best infor- mation of the country, and is no doubt, therefore, the choice land. The United States have never recognized, but have constantly denied the validity of these concessions. It is contended by the parties concerned, that they are confirmed by the late treaty. By the second article, his catholic ma- jesty cedes to the United States, in full property and sove- reignty, all the territories which belong to him, situated to the eastward of the Mississippi, known by the name of East and West Florida. And by the eighth article, all grants of land made before the twenty-fourth January, 1818, by his catholic majesty, or by his laxvful authorities^ shall be ratified and confirmed, &c. Now, the grants in question having been made long prior to that day, are supposed to be confirmed. He understood from a person interested, that Don Onis had assured him it was his intention to confirm them. Whether the American negociator had the same intention or not, he (Mr. C) did not know. It will not be pretended, that the letter of Mr. Adams, of the twelfth March, 1818, in which he declines to treat any further with respect to any part of the territory included within the limits of the state of Louisiana, can control the operation of the subsequent treaty. That treaty must be interpreted by what is in it, and not by what is out of it. The overtures which passed between the parties respectively, prior to the OJV THE SPANISH TREATS. 219 conclusion of the treaty, can neither restrict nor enlarge its meaning. Moreover, when Mr. Madison occupied in 1811 the country between the Mississippi and the Perdido, he declared, that, in our hands it should be, as it has been, subject to negociation. It results, then, that we have given for Florida, charged and encumbered as it is: — 1st, Unincumbered Texas. 2d, Five millions of dollars. 3d, A surrender of all our claims upon Spain, not in- cluded in that live millions; and, 4th, If the interpretation of the treaty which he had stated were well founded, about a million of acres of the best un- seated land in the state of Louisiana, worth perhaps ten millions of dollars. The first proposition contained in the second resolution was thus, Mr. C. thought, fully sustained. The next was, that it was inexpedient to cede Texas to any foreign power. They constituted, in his opinion, a sacred inheritance of posterity, which we ought to preserve unimpaired. He wished it was, if it were not, a fundamental and inviolable law of the land, that they should be inalienable to any foreign power. It was quite evident that it was in the order of Providence; that it was an inevitable result of the principle of population, that the whole of this continent, including Texas, was to be peopled in process of time. The question was, by whose race shall it be peopled? In our hands it will be peopled by freemen, and the sons of freemen, carrying with them our language, our laws, and our liberties; esta- blishing on the prairies of Texas, temples dedicated to the simple, and devout modes of worship of God incident to our religion, and temples dedicated to that freedom which we adore next to Him. In the hands of others, it may be- come the habitation of despotism and of slaves, subject to the vile dominion of the Inquisition and of superstition. He knew that there were honest and enlightened men who feared that our confederacy was already too large, and that there was danger of disruption, arising out of the want of reciprocal coherence between its several parts. He hoped and believed that the principle of representation, and the formation of states, would preserve us an united people. But it Texas, after being peopled by us, and grappling with us, should, at some distant day, break off, she will carry 220 ON THE SPANISH tREATY. along with her a noble crew, consisting of our children's children. The difference between those who might be dis- inclined to its annexation to our confederacy, and him, was, that their system began where his might, possibly, in some distant future day, terminate; and their's began with a foreign race, aliens to every thing that we hold dear, and his ended with a race partaking of all our qualities. The last proposition which the second resolution affirms, is, that it is inexpedient to renew the treaty. If Spain had promptly ratified it, bad as it is, he would have acquiesced in it. After the protracted negociation which it terminated; after the irritating and exasperating correspondence which preceded it, he would have taken the treaty as a man who has passed a long and restless night, turning and tossing in his bed, snatches at day an hour's disturbed repose. But she would not ratify it; she would not consent to be bound by it; and she has liberated us from it. Is it wise to renew the negociation, if it is to be recommenced, by announcing to her at once our ultimatum? Shall we not give her the vantage ground? In early life he had sometimes indulged in a species of amusement, which years and experience had determined him to renounce, which, if the committee would allow him to use it, furnished him with a figure, — shall we enter on the game, with our hand exposed to the adversary, whilst he shuffles the cards to acquire more strength? What has lost us his ratification of the treaty? Incontestibly our importunity to procure the ratification, and the hopes which that importunity inspired, that he could yet obtain more from us. Let us undeceive him. Let us proclaim the acknowledged truth, that the treaty is prejudicial to the interests of this country. Are we not told, by the secretary of state, in the bold and confident assertion, that Don Onis was authorized to grant us jnuch more, and that Spain dare not deny his instructions? The line of demarcation is far within his limits? If she would have then granted us more, is her position now more favorable to her in the negociation? In our relations to foreign powers, it may be sometimes politic to sacrifice a portion of our rights to secure the residue. But is Spain such a power, as that it becomes us to sacrifice those rights? Is she entitled to it by her justice, by her observance of good faith, or by her possible annoy- ance of us in the event of war? She will seek, as she has sought, procrastination in the negociation, taking the treaty ON THE SPANISH TREATY. 221 as the basis. She will dare to offend us, as she has insulted us, by asking the disgraceful stipulation that we shall not recognize the patriots. — Let us put aside the treaty; tell her to grant us our rights, to their utterniost extent. And if she still palters^ let us assert those rights by whatever measures it is for the interest of our country to adopt. If the treaty were abandoned; if we were not on the contrary signified, too distinctly, that there was to be a continued and unremitting endeavor to obtain its revival, he would not think it advisable for this house to interpose. But, with all the information in our possession, and holding the opinions which he entertained, he thought it the bouuden duty of the house to adopt the resolutions. He had acquitted himself of what he deemed a solemn duty, in bringing up the subject. Others would discharge their's according to their own sense of them- 222 MISSION TO SOUTH AMERICA. r ''Oj House of Representatives, May i 1^20, The house being in committee of the whole, on the state of the Union, and a motion being made to that effect, the committee resolved to proceed to the consideration of the following resolutions: Resolved — ihat it is expedient to provide by law a suit- able outfit and salary for such minister or ministers as the president, by and with the advice and consent of the senate, may send to any of the governments of South America, which have established and are maintaining, their indepen- dence on Spain. Resolved-— T\i2i\. provision ought to be made for request- ing the president of the United States to cause to be pre- sented to the general, the most worthy and distinguished, in his opinion, in the service of any of the independent govern- ments of South America, the sword which was given by the viceroy of Lima to captain Biddle of the Ontario, dur- ing her late cruise in the Pacific, and which is now in the office of the department of state, with the expression of the wish of the congress of the United States, that it may be em- ployed in the support and preservation of the liberties and independence of his country. When Mr. Clay arose and said: It is my intention, Mr. Chairman, to withdraw the latter resolution. Since I offered it to this house, by the passage of the bill to prevent, under suitable penalties, in future, the acceptance of presents, for- bidden by the constitution, to prohibit the carrying of for- eigners in the public vessels, and to limit to the case of our own citizens, and to regulate, in that case, the transportation of money in them, has, perhaps, sufficiently animadverted on the violation of the constitution, which produced that resolution. I confess that when 1 heard of captain Biddle receiving from the deputy of a king the sword in question, I felt greatly mortified. I could not help contrasting his conduct with that of the surgeon on board an American MISSION TO SOUTH AMERICA. 223 man-of-war, in the bay of Naples, (I regret that I do not recollect his name, as I should like to record with the tes- timony which I with pleasure bear to his high minded con- duct) who, having performed an operation on one of the suite of the emperor of Austria, and being offered fifteen hundred pistoles or dollars for his skillful service, returned the purse, and said that what he had done was in the cause of human- ity, and that the constitution of his country forbade his ac- ceptance of the proffered boon. There was not an Ameri- can heart that did not swell with pride on hearing of his noble disinterestedness. It did appear to me, also, that the time of captain Biddle's interposition was unfortunate to produce an agreement between the viceroy of Lima and Chili, to exchange their respective prisoners, however de- sirable the accomplishment of such a humane object might be. The viceroy had constantly refused to consent to any such exchange. And it is an incontestible fact, that the bar- barities which have characterized the civil war in Spanish America have uniformly originated with the royalists. After the memorable battle of Maipu, decisive of the in- dependence of Chili, and fatal to the arms of the viceroy, this interposition, if 1 am not mistaken, took place. The transportation of money, upon freight, from the port of Cal- lao to that of Rio Janeiro, for royalists, appeared to me also highly improper. Ifwewishto preserve, unsullied, the illustrious character, which our navy justly sustains, we should repress the very first instances of irregularity. But I am willing to believe that captain Biddle's conduct has been inadvertent. He is a gallant officer, and belongs to a respectable and patriotic family. His errors, I am persuad- ed, will not be repeated by him or imitated by others. And I trust that there is no man more unwilling than 1 am unne- cessarily to press reprehension. It is thought, moreover, by some, that the president might feel an embarrassment in executing the duty required of him by the resolution, which it was far from my purpose to cause him. I withdraw it. There is no connexion intended, or, in fact, between that resolution and the one I now propose briefly to discuss. The proposition to recognize the independent governments of South America offers a subject of as great importance as any which could claim the deliberate consideration of this house. Mr. Clay then went on to say, that it appeared to him the 224 MISSION TO SOUTH AMERICA- object of this government, heretofore, had been, so to man- age its affairs, in regard to South America, as to produce an effect on its existing negociations with the parent country. The house were now apprized, by the message from the president, that this policy had totally failed; it had failed, be- cause our country would not dishonour itself by surren- dering one of the most important rights incidental to sove- reignty. Although we had observed a course toward the patriots, as Mr. Gallatin said in his comn>unication read yesterday, greatly exceeding in rigour the course pursued towards them either by France or England; although, also, as was remarked by the secretary of state, we had observed a neutrality so strict that blood had been spilt in enforcing it — still, Spanish honor was not satisfied, and fresh sacrifi- ces were demanded of us. If they were resisted in form, they were subststaniially yielded by our course as to South America. We will not stipulate with Spain not to recog- nize the independence of the south; but we nevertheless grant her all she demands. Mr. Clay said, it had been his intention to have gone into a general view of the course of policy which has character- ized the general government; but on account of the lateness of the session, and the desire for an early adjournment, he should wave for that purpose, and in the observations he had to make, confine himself pretty much to events subse- quent to the period at which he had submitted to the house a proposition having nearly the same object as this. After the return of our commissioners from South Ameri- rica; after they had all agreed in attesting the fact of inde- pendent sovereignty being exercised by the government of Buenos Ayres, the whole nation looked forward to the re» cognition of the independence of that country as the policy which the government ought to pursue. He appealed to every member to say, whether there was not a general opi- nion, in case the report of that mission should turn out as it did, that the recognition of the independence of that gov- ernment would follow as a matter of course. The surprise at a different course being pursued by the executive at the last session was proportionably great. On this subject, so strong was the message of the president at the commence- ment of the present session, that some of the presses took it for granted, that the recognition would follow of course, and a paper in this neighbourhood has said that there was. MISSION TO SOUTH AMERICA. 225 in regard to that question, a race of popularity between the president of the United States and the humble individual who now addressed the house. Yet, faithless Ferdinand refuses to ratify his own treaty, on the pretext of violations of our neutrality; but, in fact, because we will not basely surrender an important attribute of sovereignty. Two years ago, Mr. Clay said, would in his opinion, have been the proper time for recognizing the independence of the South. Then the struggle was somewhat doubtful, and a kind office on the part of this government would have had a salutary effect. Since that period, what had occurred? Any thing to prevent a recognition of their independence, or to make it less expedient? No; every occurrence tended to prove the capacity of that country to maintain its independence. Mr. Clay then successively adverted to the battles of Mai- pu, and Bojaca, their great brilliancy, and their important consequences. Adverting to the union of Venezuela and New Grenada in one republic, he said one of their first acts was to appoint one of their most distinguished citizens, the vice president Zea, a minister to this country. There was a time, he said, when impressions are made on individuals and nations, by kindness towards them, which lasts forever — ■when they are surrounded with enemies, and embarrass- ments present themselves. Ages and ages may pass away, said Mr. Clay, before we forget the help we received in our day of peril from the hands of France. Her injustice, the tyranny of her despot, may alienate us for a time; but the mo- ment it ceases, we relapse into a good feeling towards her. Do you mean to wait, said Mr. Clay, until these republics are recognized by the whole world, and then step in and ex- tend your hand to them when it can no longer be withheld? If we are to believe general Vives, wehave gone about among foreign powers and consulted with lord Castlereagh and count Nesselrode, to seek some aid in recognizing the indepen- dence of these powers. What! after the president has told us that the recognition of the independence of nations is an incontestible right of sovereignty, shall we lag behind till the European powers think proper to advance? The pre- sident has assigned, as a reason for abstaining from the re- cognition, that the congress of Aix-la-Chapelle might take offence at it. So far from such an usurped interference being a reason for stopping, Mr. Clay said he would have ex- erted the right the sooner for it. But, the congress of Aix- 226 MISSION TO SOUTH AMERICA. la-Chapelle had refused to interfere, and on that point the president was mistaken. Spain, it was true, had gone about begging the nations of Europe not to interfere in behalf of the South Americans; but the wishes of the whole unbiassed world must be in their favor. And while we had gone on, passing ntutrality bill after neutrality bill, and bills to pun- ish piracy — with respect to unquestioned piracy, no one, JVlr. Clay said, was more in favor of punishing it than he; but he had no idea of imputing piracy to men fighting un- der the flag of a people at war for independence — whilst we pursued this course even in advance of the legitimates of Europe, what, he asked, had been the course of England herself on this head? Here Mr. Clay quoted a few passa- ges from the work of Abbe de Pradt, recently translated by one of our citizens, which, he said, though the author was not very popular among crowned heads, no man could read without being enlightened and instructed. These passages dwelt on the importance of the commerce of South America, when freed from its present restraints, fccc. What would I give, exclaimed Mr. Clay, could we appreciate the advan- tages which may be realized by pursuing the course which I propose! It is in our power to create a system of which we shall be the centre, and in which all South America will act with us. In respect to commerce, we shall be most benefitted: this country would become the place of deposit of the commerce of the world. Our citizens engaged in foreign trade at present were disheartened by the condition of that trade: they must take new channels for it, and none so advantageous could be found as those which the trade with South America would afford. Mr. Clay took a pros- pective view of the growth of wealth, and increase of popu- lation of this country and South America. That country had now a population ot upwards of eighteen millions. The same activity in the principle of population would exist in that country as here. Twenty-five years hence it might be estimated at thirty -six millions; fifty years hence, at sev- enty-two millions. We now have a population of ten mil- lions. From the character of our population, we must always take the lead in the prosecution of commerce and maimfactures. Imagine the vast power of the two countries, ami the value of the intercourse between them, when we sha.l have a population of forty millions, and they of sev- enty millions! In relation to South America, the people MISSION TO SOUTH AMERICA. 227 of the United States will occupy the same position as the people of New England do to the rest of the United States. Our enterprize, industry, and habits of economy, will give us the advantage in any competition which South America may sustain with us, &c. But, however important our early recognition of the in- dependence of the south might be to us, as respects our commercial and manufacturing interests, was there not another view of the subject, infinitely more gratifying? We should become the centre of a system which would consti- tute the rallying point of human freedom against all the des- potism of the old world. Did any man doubt the feelings of the South towards us? In spite of our coldness towards them, of the rigour of our laws, and the conduct of our of- ficers, their hearts still turned towards us, as to their breth- ren; and he had no earthly doubt if our government would take the lead and recognize them, they would become yet more anxious to imitate our institutions, and to secure to themselves and to their posterity the same freedom which we enjoy. On a subject of this sort, Mr. C. asked, was it possible we could be content to remain, as we now were, looking anxiously to Europe, watching the eyes ol lord Castlereagh, and getting scraps of letters doubtfully indicative of his wishes; and sending to the c?ar of Russia and getting another scrap from count Nesselrode? VVhy not proceed to act on our own responsibility and recognize these govern- ments as independent, instead of taking the lead of the holy alliance in a course which jeopardizes the happiness of un- born millions. Mr. Clay deprecated this deference for for- eign powers. If lord Castlereagh says we may recognize, we do; if not, we do not. A single expression of the British minister to the present secretary of state, then our minister abroad, he was ashamed to say, had moulded the polic) of our government towards South America. Our institutions, said Mr. Clay, now make us free; but how long shall we con- tinue so, if we mould our opinions on those of Europe? Let us break these commercial and political fetters; let us no long- er watth the nod of any European politician: let us become real and true Americans, and place ourselves at the head of the American system. Gtntlemen all said, they were all anxious to see the inde- pendence of the South established, if sympathy for them 228 MISSION TO SOUTH AMERICA. was enough, the patriots would have reason to be satisfied with the abundant expressions of it. But something more was wanting. Some gentlemen had intimated that the people of the souih were unfit for freedom. Will gentle- men contend, said Mr, Clay, because those people are not like us in all particulars, they are therefore unfit for freedom? In some particulars, he ventured to say, that the people of South America were in advance of us. On the point which had been so much discussed on this floor during the pres- ent session, they were greatly in advance of us. Grenada, Venezuela, and Buenos Ayres had all emancipated their slaves. He did not say that we ought to do so, or that they ought to have done so, under different circumstances; but he rejoiced that the circumstances were such as to permit them to do it. Two questions only, Mr. Clay argued, were necessarily preliminary to the recognition of the independence of the people of the south: first, as to the fact of their independence; and secondly, as to the capacity for self-government. On the first point, not a doubt existed. On the second, there was every evidence in their favor. They had fostered schools with great care, there were more newspapers in the single town of Buenos Ayres (at the time he was speaking) than in the whole kingdom of Spain. He never saw a ques- tion discussed with more ability than that in a newspaper of Buenos Ayres, whether a federative or consolidated form of government was best. But, though every argument in favor of the recognitioiJ should be admitted to be just, it would be said that another revolution had occurred in Spain, and we ought therefore to delay. On the contrary, said Mr. C. every consideration recommended us to act now. If Spain succeeded in es- tablishing her freedom, the colonies must also be free. The first desire of a government itself free, must be to give lib- erty to its dependencies. On the other hand, if Spain should not succeed in gaining her freedom, no man can doubt that Spain, in her reduced state, woulil no longer have power to carry on the contest. So many millions of men could not be subjugated by the enervated arm and exhausted means of aged Spain. In ten years of war, the most unimportant pro- vince ot South America had not been subdued by all the wealth and the resources of Spain. 1 he certainty of the successful resistance of the attempts of Spain to reduce MISSION TO SOUTH AMERICA. 229 them would be found In the great extent of the provinces of South America — of larger extent than all the empire of Russia. The relation of the colonies and mother country- could not exist, from the nature of things, under whatever aspect the government of Spain might assume. The condi- tion of Spain was no reason for neglecting now to do what we ought to have done long ago. Every thing, on the con- trary, tended to prove that this, this was the accepted time. With regard to the form of his proposition, Mr. Clay said, all he wanted was to obtain an expression of the opi- nion of the house on this subject; and whether a minister should be authorized to one or the other of these govern- ments, or whether he should be of one grade or of another, he cared not. This republic, with the exception of the peo- ple of South America, constituted the sole depository of political and religious freedom: and can it be possible, said he, that we can remain passive spectators of the struggle of those people to break the same chains which once bound us? The opinions of the friends of freedom in Europe is, that our policy has been cold, heartless, and indifferent to- wards the greatest cause which could possibly engage our affections and enlist our feelings in its behalf. Mr. C, concluded by saying that, whatever might be the decision of this house on this question, proposing shortly to go into retirement from public life, he should there have- the consolation of knowing that he had used his best exer- tions in favor of a people inhabiting a territory calculated to contain as many souls as the whole of Christendom be- sides, whose happiness was at stake, and which it was in the power of this government to do so much towards securing. 230 ON INTERNAL IMPROVEMENT. House of Representatives^ January 16, 1824. The bill authorizing the president of the United States to cause certain surveys and estimates to be made on the sub- ject of roads and canals, being under consideration — Mr. Clay, (speaker) in rising, said, that he could not en- ter on the discussion of the subject before him, without first asking leave to express his thanks for the kindness of the committee, in so far accommodating him as to agree unan- imously to adjourn its sitting to the present time, in order to afford him the opportunity of exhibiting his views; which, however, he feared he should do very unacceptably. As a requital for this kindness, he would endeavor, as far as was practicable, to abbreviate what he had to present to their consideration. Ytt, on a question of this extent and mo- ment, there were so many topics which demanded a delibe- rate examination, that, from the nature of the case, it would be impossible, he was afraid, to reduce the argument to any- thing that the committee would consider a reasonable com- pass. It was known to all who heard him, that there had now existed for several years a difference of opinion between the executive and legislative^ branches of this government, as to the nature and extent of certain powers conferred upon it by the constitution. Two successive presidents had returned to congress bills which had previously passed both houses of that body, with a communication of the opinion that con- gress, under the constitution, possessed no power to enact such laws. High respect, personal and official, must be felt by all, as it was due, to those distinguished officers, and to their opinions thus solemnly announced; and the most pro- found consideration belongs to our present chief magistrate, who had favoured that house with a written argument, of great length and labour, consisting of not less than sixty or seventy pages, in support of his exposition of the constitu- tion. From the magnitude of the interests involved in the question, all would readily concur, that, if the power is ON INTERNAL IMPROVEMENT. 231 granted, and does really exist, it ought to be vindicated, up- held, and maintained, that the country might derive the great benefits which may flow from its prudent exercise. If it has not been communicated to congress, then all claim to it should be, at once, surrendered. It was a circumstance of peculiar regret to him, that one more competent than him- self had not risen to support the course which the legislative department had heretofore felt itself bound to pursue on this great question. Of all the trusts which are created by hu- man agency, that is the highest, m.ost solemn, and most responsible, which involves the exercise of political power. Exerted when it has not been intrusted, the public function- ary is guilty of usurpation. And his infidelity to the public good is not, perhaps, less culpable, when he neglects or re- fuses to exercise a power which has been fairly conveyed, to promote the public prosperity. If the power which he thus forbears to exercise, can only be exerted by him — if no other public functionary can employ it, and the public good requires its exercise, his treachery is greatly aggravated. It is only in those cases where the object of the investment of power is the personal ease or aggrandizement of the public agent, that his forbearance to use it is praiseworthy, gracious, or magnanimous. He was extremely happy to find, that, on many of the points of the argument of the honourable gentleman from Virginia, (Mr. Barbour) there was entire concurrence be- tween them, widely as they differed in their ultimate con- clusions. On this occasion (as on all others on which that gentleman obliged the house with an expression of his opinions) he displayed great ability and ingenuity; and, as well from the matter as from the respectful manner of his argument, it was deserving of the most thorough considera- tion. He was compelled to differ from that gentleman at the very threshold. He had commenced by laying down as a general principle, that, in the distribution of powers among our federal and state governments, those which were of a municipal character were to be considered as appertaining to the state governments, and those which related to exter- nal affairs, to the general government. If he might be al- lowed to throw the argument of the gentleman into the form of a syllogism, (a shape which he presumed would be quite agreeable to him) it amounted to this: Municipal powers belong exclusively to the state governmentsj but the power 232 ON INTERNAL IMPROVEMENT. to make internal improvements is municipal; therefore it belongs to the state governments alone. He (Mr. C.) de- nied both the premises and the conclusion. If the gentle- man had affirmed that certain municipal powers, and the great mass of them, belong to the state governments, his proposition would have been incontrovertible. But if he had so qualified it, it would not have assisted the gentleman at all in his conclusion. But surely the power of taxation — the power to regulate the value of coin — the power to es- tablish a uniform standard of weights and measures — to es- tablish post offices and post roads — to regulate commerce among the several states — that in relation to the judiciary — besides many other powers indisputably belonging to the federal government, are strictlv municipal. If, as he under- stood the gentleman in the course of the subsequent part of his argument to admit, some municipal powers belong to the one system, and some to the other, we shall derive very little aid from the gentleman's principle, in making the dis- crimination between the two. The question must ever re- main open — whether any given power, and, of course, that in question, is or is not delegated to this government, or retained by the states? The conclusion of the gentleman is, that all internal im- provements belong to the state governments; that they are of a limited and local character, and are not comprehended within the scope of the federal powers, which relate to ex- ternal or general objects. That many, perhaps most inter- nal improvements, partake of the character described by the gentleman, he (Mr. C.) should not deny. But it was no less true that there were others, emphatically national, which neither the policy, nor the power, nor the interests, of any state would induce it to accomplish, and which could only be effected by the application of the resources of the nation. The improvement of the navigation of the Mississippi would furnish a striking example. This was undeniably a great and important object. The report of a highly scientific and intelligent officer of the engineer corps, (which Mr. C. hoped would be soon taken up and acted uponj had shown that the cost of any practicable improvement in the navigation of that river, in the present state of the inhabitants of its banks, was a mere trifle in comparison to the great benefits which would accrue from it. He (Mr. C.) believed that about double the amount of the loss of a single steam-boat and \ ON INTERNAL IMPROVEMENT 233 cargo, (the Tennessee) would effect the whole Improvement in the navigation of that river, which ought to be at this time attempted. In this great object twelve states and two territories were, in different degrees, interested. The power to effect the improvement of that river was surely not mu- nicipal, in the sense in which the gentleman used the term. If it were, to which of the twelve states and two territories concerned did it belong? It was a great object, which could only be effected by a confederacy. And here is existing that confederacy, and no other can lawfully exist: for the constitution prohibits the states, immediately interested, from entering into any treaty or compact with each other. Other examples might be given to show, that, if even the power existed, the inclination to exert it would not be felt, to effectuate certain improvements eminently calculated to promote the prosperity of the union. Neither of the three states, nor all of them united, through which the Cumber- land road passes, would ever have erected that road. Two of them would have thrown in every impediment to its com- pletion in their power. Federative in its character, it could only have been executed so far by the application of federa- tive means. Again: the contemplated canal through New Jersey; that to connect the waters of the Chesapeake and Delaware; that to unite the Ohio and the Potomac, were all objects of a general and federative nature, in which the states, through which they might severally pass, could not be expected to feel any such special interest as would lead to their execution. Tending, as undoubtedly they would do, to promote the good of the whole, the power and the trea- sure of the whole must be applied to their execution, if they are ever consummated. Mr. Clay did not think, then, that we should be at all assisted in expounding the constitution of the United States, by the principle which the gentleman from Virginia had suggested in respect to municipal powers. The powers of both governments were undoubtedly municipal, often opera- ting upon the same subject. He thought a better rule than that which the gentleman furnished for interpreting the con- stitution, might be deduced from an attentive consideration of the peculiar character of the articles of confederation, as contrasted with that of the present constitution. By those articles, the powers of the thirteen United States were ex- erted collaterally. They operated through an intermediary, Hh 234 ON INTERNAL IMPROVEMENT. They were addressed to the several states, and their exe- cution depended upon the pleasure and the co-operation of the states individually. The states seldom fulfilled the ex- pectations of the general government in regard to its requi- sitions, and often wholly disappointed them. Languor and debility, in the movement of the old confederation, were the inevitable consequence of that arrangement of power. By the existing constitution, the powers of the general go- vernment act directly on the persons and things within its scope, without the intervention or impediments incident to any intermediary. In executing the great trust which the constitution of the United States creates, we must, therefore, reject that interpretation of its provisions which would make the general government dependent upon those of the states for the execution of any of its powers; and may safely con- clude that the only genuine construction would be that which should enable this government to execute the great purposes of its institution, without the co-operation, and, if indispen- sably necessary, even against the will of any particular state. This is the characteristic difference between the two sys- tems of government, of which we should never lose sight. Interpreted in the one way, we shall relapse into the feeble- ness and debility of the old confederacy. In the other, we shall escape from its evils, and fulfil the great purposes which the enlightened framers of the existing constitution intended to effectuate. The importance of this essential dif- ference in the two forms of government, would be shown in the future progress of the argument. Before he proceeded to comment upon those parts of the constitution which appeared to him to convey the power in question, he hoped he should be allowed to disclaim, for his part, several sources whence others had deduced the authority. The gentleman from Virginia seemed to think it remarkable that the friends of the power should disagree so much among themselves; and to draw a conclusion against its existence from the fact of this discrepancy. But he (Mr. C.) could see nothing extraordinary in this diversity of views. What was more common than for different men to cont.-mplate the same subject under various aspects? Such was the nature of the human mind, that enlightened men, perfectly upright in their intentions, differed in their opin- ions on almost every topic that could be mentioned. It was rather a presumption, in favour of the cause which he was ON INTERNAL IMPROVEMENT. 235 '*\ \xr.. •• • '•• •• "^ humbly maintaining, that the same result should be attained by so many various modes of reasoning. But, if contrariety of views might be pleaded with any effect against the ad- vocates of the disputed power, it equally availed against their opponents. There was, for example, not a very exact coincidence in opinion between the president of the United States and the gentleman from Virginia. The president says, (page 25 of his book,) " The use of the existing road, by the stage, mail carrier, or post boy, in passing over it, as others do, is all that would be thought of; the jurisdiction and soil remaining to the state, with a right in the state, or those authorized by its legislature^ to change the road at pleasure-'*'' Again, page 27, the president asks, " If the United States possessed the power contended for under this grant, might they not, in adopting the roads of the individual states, for the carriage of the mail, as has been done, assume juris- diction over them, and preclude a right to interfere with or alter them?" They both agree that ihe general government does not possess the power. The gentleman from Virginia admits, if he (Mr. C.) understood him correctly, that the designation of a state road as a post road, so far withdrew it from the jurisdiction of the state, that it could not be after- wards put down or closed by the state; and in this he claims for the general government more power than the president concedes to it. The president, on the contrary, pronounces, that " the absurdity of such a pretension," (that is, prevent- ing, by the designation of a post road, the power of the state from altering or changing it,) " must be apparent to all who examine it!" The gentleman thinks that the desig- nation of a post road withdraws it entirely, so far as it is used for that purpose, from the power of the why my gradual classification of agricul- ture, industry, and trade; objects so distinct in themselves, and which present so great and positive a graduation! " 1st. Agriculture; the soul, the first basis of the empire. " 2d. Industry; the comfort and happiness of the popula- tion. " 3d. Foreign trade; the superabundance, the proper ap- plication of the surplus of agriculture and industry. "Agriculture was continually improving during the whole course of the revolution. Foreigners thought it ruined in France. In 1814, however, the English were compelled to admit that we had little or nothing to learn from them. >s. ON AMERICAN INDUSTRY. 307 " Industry or manufactures, and internal trade, made im- mense progress during my reign. The application of che- mistry to the manufactures caused them to advance with giant strides. I gave an impulse, the effects of which ex- tended throughout Europe. " Foreign trade, which, in its results, is infinitely inferior to agriculture, was an object of subordinate importance in my mind. Foreign trade is made for agriculture and home industry, and not the two latter for the former. The inter- ests of these three fundamental cases are diverging and fre- quently conflicting. I always promoted them in their natural gradation, but I could not and ought not to have ranked them all on an equality. Time will unfold what I have done, the national resources which I created, and the emancipa- tion from the English which 1 brought about. We have now the secret of the commercial treaty of 1783. France still exclaims against its author; but the English demanded it on pain of resuming the war. They wished to do the same after the treaty of Amiens; but I was then all-powerful; I was a hundred cubits high. I replied that if they were in possession of the heights of Montmartre I would still refuse to sign the treaty. These words were echoed through Eu- rope. *' The English will now impose some such treaty on France, at least, if popular clamor and the opposition of the mass of the nation, do not force them to draw back. This thraldom would be an additional disgrace in the eyes of thai nation, which is now beginning to acquire a just perception of her own interests. " When I came to the head of the government, the Ame- rican ships, which were permitted to enter our ports on the score of their neutrality, brought us raw materials, and had the impudence to sail from France without freight, for the purpose of taking in cargoes of English goods in London. They moreover had the insolence to make their payments, when they had any to make, by giving bills on persons in London. Hence the vast profits reaped by the English ma- nufacturers and brokers, entirely to our prejudice. I made a law that no American should import goods to any amount, without immediately exporting their exact equivalent. A loud outcry was raised against this: it was said that I had ruined trade. Butwhat was the consequence? Notwithstand- ing the closing of my ports, and in spite of the English, who 308 ON AMERICAN INDUSTRY. ruled the seas, the Americans returned and submitted to my regulations. What might I not have done under more favorable circumstances? " Thus I naturalized in France the manufacture of cotton, which includes: — " 1st. Spun cotton. — We did not previously spin it our- selves; the English supplied us with it as a sort of favor. " 2d. The web. — We did not j^et make it; it came to us. from abroad. " 3d. The printing. — This was the only part of the ma- nufacture that we performed ourselves. I wished to natu- ralize the two first branches; and I proposed to the council of state, that their importation should be prohibited. This excited great alarm. I sent for Oberkamp, and I conversed with him a long time. I learned from him, that this pro- hibition would doubtless produce a shock, but that, after a year or two of perseverance, it would prove a triumph, whence we should derive immense advantages. Then I issued my decree in spite of all: this was a true piece of statesmanship. " I at first confined myself merely to prohibiting the web; then I extended the prohibition to spun cotton; and we now possess, within ourselves, the three branches of the cotton manufacture, to the great benefit of our population, and the injury and regret of the English: which proves that, in civil government as well as in war, decision of character is often indispensable to success." 1 will trouble the committee with only one other quo- tation, which I shall make from Lowe; and from hearing which, the committee must share with me in the mortifica- tion which I felt on perusing it. That author says: " It is now above forty years since the United States of America were definitively separated from us, and since their situation has afforded a proof that the benefit of mercantile inter- course may be retained, in all its extent, without the care of governing, or the expense of defending these once re- gretted provinces." Is there not too much truth in this ob- servation? By adhering to the foreign policy, which I have been discussing, do we not remain essentially British, in every thing but the form of our government? Are not our interests, our industry, our commerce, so modified as to swell British pride, and to increase British power? ■ Mr. Chairman, our confederacy comprehends, within its ON AMERICAN INDUSTRY. 309 vast limits, great diversity of interests: agricultural, plant- ing, farming, commercial, navigating, fishing, manufacturing. No one of these interests is felt in the same degree, and cherished with the same solicitude, throughout all parts of the union. Some of them are peculiar to particular sections of our common country. But all these great interests are confided to the protection of one government — to the fate of one ship; and a most gallant ship it is, with a noble crew- If we prosper, and are happy, protection must be extended to all; it is due to all. It is the great principle on which obedience is demanded from all. If our essential interests cannot find protection from our own government against the policy of foreign powers, where are they to get it? We did not unite for sacrifice, but for preservation. The inquiry should be, in reference to the great interests of every sec- tion of the union, (I speak not of minute subdivisions,) what would be done for those interests if that section stood alone and separated from the residue of the republic? If the pro- motion of those interests would not injuriously affect any other section, then every thing should be done for them, which would be done if it fornned a distinct government. If they come into absolute collision with the interests of another section, a reconciliation, if possible, should be at- tempted, by mutual concession, so as to avoid a sacrifice of the prosperity of either to that of the other. In such a case all should not be done for one which would be done, if it were separated and independent, but something; and, in devising the measure, the good of each part and of the whole should be carefully consulted. This is the only mode by which we can preserve, in full vigor, the harmony of the whole union. The south entertains one opinion, and ima- gines that a modification of the existing policy of the coun- try, for the protection of American industry, involves the ruin of the south. The north, the east, the west, hold the opposite opinion, and feel and contemplate, in a longer ad- herence to the foreign policy, as it now exists, their utter destruction. Is it true, that the interests of these great sec- tions of our country are irreconcilable with each other? Are we reduced to the sad and afflicting dilemma of determining which shall fall a victim to the prosperity of the other? Happily, I think, there is no such distressing alternative. If the north, the west, and the east, formed an independent state, unassociated with the south, can there be a doubt that 310 ON AMERICAN INDUSTRY. the restrictive system would be carried to the point of pro- hibition of every foreign fabric of which they produce the raw material, and which they could manufacture? Such would be their policy, if they stood alone; but they are for- tunately connected with the south, which believes its inter- ests to require a free admission of foreign manufactures. Here then is a case for mutual concession, for fair compro- mise. The bill under consideration presents this compro- mise. It is a medium between the absolute exclusion and the unrestricted admission of the produce of foreign indus- try. It sacrifices the interest of neither section to that of the other J neither, it is true, gets all that it wants, nor is subject to all that it fears. But it has been said that the south obtains nothing in this compromise. Does it lose any thing? is the first question. I have endeavored to prove that it does not, by showing that a mere transfer is effected in the source of the supply of its consumption from Europe to America; and that the loss, whatever it may be, of the sale of its great staple in Europe, is compensated by the new market created in America. But does the south really gain nothing in this compromise? The consumption of the other sections, though somewhat restricted, is still left open by this bill, to foreign fabrics purchased by southern sta- ples. So far its operation is beneficial to the south, and prejudicial to the industry of the other sections, and that is the point of mutual concession. The south will also gain by the extended consumption of its great staple, produced by an increased capacity to consume it in consequence of the establishment of the home market. But the south can- not exert its industry and enterprise in the business of ma- nufactures! Why not? The difficulties, if not exaggerated, are artificial, and may, therefore, be surmounted. But can the other sections embark in the planting occupations of the south? The obstructions which forbid them are natural, created by the immutable laws of God, and, therefore, un- conquerable. Other and animating considerations invite us to adopt the policy of this system. Its importance, in connexion with the general defence in time of war, cannot fail to be duly estimated. Need I recall to our painful recollection the sufferings, for the want of an adequate supply of absolute necessaries, to which the defenders of their country's rights and our entire population were subjected during the late ON AMERICAN INDUSTRY. 311 war? Or to remind the committee of the great advantage of a steady and unfailing source of supply, unaffected alike in war and in peace? Its importance, in reference to the stability of our union, that paramount and greatest of all our interests, cannot fail warmly to recommend it, or at least to conciliate the forbearance of every patriot bosom. Now our people present the spectacle of a vast assemblage of jealous rivals, all eagerly rushing to the sea-board, jostling each other in their way, to hurry off to glutted foreign markets the perishable produce of their labor. The tendency of that policy, in conformity to which this bill is prepared, is to transform these competitors into friends and mutual custo- mers; and, by the reciprocal exchanges of their respective productions, to place the confederacy upon the most solid of all foundations, the basis of common interest. And is not government called upon, by every stimulating motive, to adapt its policy to the actual condition and extended growth of our great republic. At the commencement of our constitution, almost the whole population of the United States was confined between the Alleghany mountains and the Atlantic ocean. Since that epoch, the western part of New York, of Pennsylvania, of Virginia, all the western states and territories, have been principally peopled. Prior to that period we had scarcely any interior. An interior has sprung up, as it were by enchantment, and along with it new interests and new relations, requiring the parental pro- tection of government. Our policy should be modified ac- cordingly, so as to comprehend all, and sacrifice none. And are we not encouraged by the success of past experience, in respect to the only article which has been adequately pro- tected? Already have the predictions of the friends of the American system, in even a shorter time than their most sanguine hopes could have anticipated, been completely re- alized in regard to that article; and consumption is nov/ better and cheaper supplied with coarse cottons, than it was under the prevalence of the foreign system. Even if the benefits of the policy were limited to certain sections of our country, would it not be satisfactory to be- hold American industry, wherever situated, active, ani- mated, and thrifty, rather than persevere in a course which renders us subservient to foreign industry? But these be- nefits are two fold, direct and collateral, and, in the one shape or the other, they will diifuse themselves throughout 312 ON AMERICAN INDUSTRY. the union. All parts of the union will participate, more or less, in both. As to the direct benefit, it is probable that the north and the east will enjoy the largest share. But the west and the south will also participate in them. Philadel- phia, Baltimore, and Richmond, will divide with the north- ern capitals the business of manufacturing. The latter city unites more advantages for its successful prosecution than any other place I know; Zanesville, in Ohio, only excepted. And where the direct benefit does not accrue, that will be enjoyed of supplying the raw material and provisions for the consumption of artizans. Is it not most desirable to put at rest and prevent the annual recurrence of this un- pleasant subject, so well fitted by the various interests to which it appeals, to excite irritation and to produce discon- tent? Can that be effected by its rejection? Behold the mass of petitions which lie on our table, earnestly and anxiously intreating the protecting interposition of congress against the ruinous policy which we are pursuing. Will these peti- tioners, comprehending all orders of society, entire states and communities, public companies and private individuals, spontaneously assembling, cease in their humble prayers by your lending a deaf ear? Can you expect that these peti- tioners, and others, in countless numbers, that will, if you delay the passage of this bill, supplicate your mercy, should contemplate their substance gradually withdrawn to foreign countries, their ruin slow, but certain and as inevitable as death itself, without one expiring effort? You think the measure injurious to youj we believe our preservation de- pends upon its adoption. Our convictions, mutually honest, are equally strong. What is to be done? I invoke that saving spirit of mutual concession under which our blessed consti- tution was formed, and under which alone it can be happily administered. I appeal to the south — to the high-minded, generous, and patriotic south — with which I have so often co-operated, in attempting to sustain the honor and to vin- dicate the rights of our country. Should it not offer, upon the altar of the public good, some sacrifice of its peculiar opinions? Of what does it complain? A possible temporary enhancement in the objects of consumption. Of what do we complain? A total incapacity, produced by the foreign po- licy, to purchase, at any price, necessary foreign objects of consumption. In such an alternative, inconvenient only to it, ruinous to us, can we expect too much from southern ON AMERICAN INDUSTRY, 3 IS magnanimity? The just and confident expectation of the passage of this bill has flooded the country with recent im- portations of foreign fabrics. If it should not pass, they will complete the work of destruction of our domestic in- dustry. If it should pass, they will prevent any considera- ble rise in the price of foreign commodities, until our own incustry shall be able to supply competent substitutes. To the friends of the tariff, I would also anxiously appeal. Every arrangement of its provisions does not suit each of youi you desire some further alterations; you would make it pe'-fect. You want what you will never get. Nothing human is perfect. And I have seen, with great surprise, a piece signed by a member of congress, published in the National Intelligencer, stating that this bill must be rejected, and a judicious tariff brought in as its substitute. A judi- cious tariff! No member of congress could have signed that piece; or, if he did, the public ought not to be deceived. If this bill do not pass, unquestionably no other can pass at this session, or probably during this congress. And who will go home and say that he rejected all the benefits of this bill, becauae molasses has been subjected to the enormous additional duty of five cents per gallon? I call, therefore, upon the friends of the American policy, to yield somewhat of their own peculiar wishes, and not to reject the practica- ble in the idle pursuit after the unattainable. Let us imitate the illustrious example of the framers of the constitution, and, always remembering that whatever springs from man partakes of his imperfections, depend upon experience to suggest, in future, the necessary amendments. VVe have had great difficulties to encounter. — 1. The splendid talents which are arrayed in this house against us. 2. We are opposed by the rich and powerful in the land. 3. The executive government, if any, affords us but a cold and equivocal support. 4. The importing and navigating interest, I verily believe from misconception, are adverse to us. 5. The British factors and the British influence are in- imical to our success. 6. Long established habits and preju- dices oppose us. 7 . The reviewers and literary speculators, foreign and domestic. And, lastly, the leading presses of the country, including the influence of that which is established in this city, and sustained by the public purse. From some of these, or other causes, the bill may be postponed, thwarted, defeated. But the cause is the cause Ss 314 ON AMERICAN INDUSTRY. of the country, and it must and will prevail. It is founded in the interests and affections of the people. It is as natire as the granite deeply imbosomed in our mountains. And, in conclusion, I would pray God, in his infinite mercy, to avert from our country the evils which are impending over it, and, by enlightening our councils, to conduct us into that path which leads to riches, to greatness, to glory. APPENDIX, ON THE COLONIZATION OF THE NEGROES. Speech before the American Colonization Society^ in the hall of the House of Representatives^ January 20, 1827, with the documents therein referred to, Mr. Clay rose. I cannot (said he) withhold the expres- sion of my congratulations to the society on account of the very valuable acquisition which we have obtained in the el- oquent gentleman from Boston, (Mr. Knapp,) who has just before favored us with an address. He has told us of his original impressions, unfavorable to the object of the soci- ety, and of his subsequent conversion. If the same indus- try, investigation and unbiassed judgment, which he and another gentleman, (Mr. Powell,) who avowed at the last meeting of the society, a similar change wrought in his mind, were carried, by the public at large, into the consideration of the plan of the society, the conviction of its utility would be universal. I have risen to submit a resolution, in behalf of which I would bespeak the favour of the society. But before I offer any observations in its support, I must say that, whatever part I shall take in the proceedings of this society, whatev- er opinions or sentiments I may utter, they are exclusively my own. Whether they are worth any thing or not, no one but myself is at all responsible for them. I have consulted with no person out of this society; and I have especially ab- stained from all communication or consultation with any one to whom I stand in any official relation. My judgment on the object of this society has been long since deliberately formed. The conclusions to which, after much and anxious consideration, my mind has been brought, have been neither produced nor refuted by the official station the duties of which have been confided to me. From the origin of this society, every member of it has, I believe, looked forward to the arrival of a period, when it would become necessary to invoke the public aid in the execution of the great scheme which it was instituted to promote. Considering itself as the mere pioneer in the cause 316 ON THE COLONIZATION which it had undertaken, it was well aware that it could d» no more than remove preliminary difficulties and point out a sure road to ultimate success; and that the public only could supply that regular, steady, and efficient support, to which the gratuitous means of benevolent individuals would be found incompetent. My surprise has been that the soci- ety has been able so long to sustain itself, and to do so much upon the charitable contributions of good and pious and en- lightened men, whom it has happily found in all parts of our country. But our work has so prospered, and grown under our hands, that the appeal to the power and resour- ces of the public should be no longer deferred. The resolu- tion which I have risen to propose contemplates this appeal. It is in the following words: — *' Resolved^ that the board of managers be empowered and directed, at such time or times as may seem to them expe- dient, to make lespectful application to the congress of the United States, and to the legislatures of the different states, for such pecuniary aid, in furtherance of the object of this society, as thev may respectively be pleased to grant." In soliciting the countenance and support of the legisla- tures of the union and the states, it is incumbent on the so- ciety, in making out its case, to show, first — that it offers to their consideration a scheme which is practicable — and se- cond — that the execution of the practicable scheme, partial or entire, will be fraught with such beneficial consequences as to merit the support which is solicited. I believe bi)th points to be maintainable. First. — It is now a little upwards of ten years since a religious, amiable and benevolent resi- dent* of this city, first conceived the idea of planting a colony, from the United States, of free people of colour, on the western shores of Africa. He is no more, and the noblest eulogy which could be pronounced on him would be to inscribe upon his tomb, the merited epitaph — " Here lies * It has been, since the delivery of the speech, suggested that the Rev. Robert Finley, of New Jersey, (who is also unfortunately dead,) contemplated the formation of a society, with a view to the establishment of a colony in Africa, and probably first commenced the project. It is quite likely that he did; and Mr. Clay recollects seeing Mr. Finley and consulting with him on the subject, about the period of the formation of the society. But the allusion to Mr. Caldwell was founded on the facts well known to Mr. Clay of his active agency in the organization of the society, and his unremitted subsequent labours, which were not coofined to the District of Columbia, in promoting the cause. OF THE NEGROES. 317 the projector of the American Colonization Society." Amongst others, to whom he communicated the project, was the person who now has the honour of addressing, you. My first impressions, like those of all who have not fully investigated the subject, were against it. They yielded to his earnest persuasions and my own reflections, and 1 final- ly agreed with him that the experiment was worthy of a fair trial. A meeting of its friends was called — organized as a deliberative body, and a constitution was formed. The society went into operation. He lived to see the most en- couraging progress in its exertions, and died in full confi- dence of its complete success. The society was scarcely formed before it was exposed to the derision of the unthink- ing; pronounced to be visionary and chimerical by those who were capable of adopting wiser opinions, and the most con- fident predictions of its entire failure were put forth. It found itself equally assailed by the two extremes of public sentiment in regard to our African population. According to one, (that rash class which, without a due estimate of the fatal consequence, would forthwith issue a decree of gene- ral, immediate, and indiscriminate emancipation,) it was a scheme of the slave holder to perpetuate slavery. The other (that class which believes slavery a blessing, and which trem- bles with aspen sensibility at the appearance of the most dis- tant and ideal danger to the tenure by which that descrip- tion of property is held,) declared it a contrivance to let loose on society all the slaves of the country, ignorant, un- educated, and incapable of appreciating the value, or enjoy- ing the privileges of freedom.* The society saw itself sur- rounded by every sort of embarrassment. What great hu- man enterprize was ever undertaken without difficulty? What ever failed, within the compass of human power, when pursued with perseverance and blessed by the smiles of Providence? The society prosecuted undismayed its great work, appealing for succour to the moderate, the reasonable, the virtuous, and religious portions of the public. It pro- tested, from the commencement, and throughout all its pro- gress, and it now protests, that it entertains no purpose, on its own authority or by its own means, to attempt emanci- pation partial or general; that it knows the general govern- * A society of a few individuals, without power, without other resour- ces than those which are supplied by spontaneous benevolence, to eman- cipate all the slaves of the country! 318 ON THE COLONIZATION, ment has no constitutional power to achieve such an object; that it believes that the states, and the states only, which tolerate slavery, can accomplish the work of emancipation; and that it ought to be left to them, exclusively, absolutely, and voluntarily, to decide the question. The object of the society was the colonization of the free coloured people, not the slaves, of the country. Voluntary in its institution, voluntary in its continuance, voluntary in all its ramifications, all its means, purposes, and instruments are also voluntary. But it was said that no free coloured persons could be prevailed upon to abandon the comforts of civilized life and expose themselves to all the perils of a set- tlement in a distant, inhospitable and savage country; that, if they could be induced to go on such a quixotic expedi- tion, no territory could be procured for their establishment as a colony; that the plan was altogether incompetent to ef- fectuate its professed object; and that it ought to be reject- ed as the idle dream of visionary enthusiasts. The society has outlived, thank God, all these disastrous predictions. It has survived to swell the list of false prophets. It is no longer a question of speculation whether a colony can or cannot be planted from the United States of free persons of colour on the shores of Africa. It is a matter demonstra- ted; such a colony, in fact, exists, prospers, has made suc- cessful war, and honorable peace, and transacts all the mul- tiplied business of a civilized and Christian community.* It now has about five hundred souls, disciplined troops, forts, and other means of defence, sovereignty over an ex- tensive territory, and exerts a powerful and salutary influ- ence over the neighbouring clans. Numbers of the free African race among us are willing to go to Africa. The society has never experienced any difficulty on that subject, except that its means of comforta- ble transportation have been inadequate to accommodate all who have been anxious to migrate. Why should they not go? Here they are in the lowest state of social gradation — aliens — political — moral—social aliens, strangers, though na- tives. There, they would be in the midst of their friends and their kindred, at home, though born in a foreign land, and elevated above the natives of the country, as much as they are degraded here below the other classes of the com- * See the last annual report and the highly interesting historical sketch of the Rev. Mr. Ashraun. OF THE NEGROES. 319 inunity. But on this matter, I am happy to have it in my power to furnish indisputable evidence from the most au- thentic source, that of large numbers of free persons of co- lour themselves. Numerous meetings have been held in se- veral churches in Baltimore, of the free people of colour, in which, after being organized as deliberative assemblies, by the appointment of a chairman (if not of the same com- plexion) presiding as you, Mr. Vice-president, do, and sec- retaries, they have voted memorials addressed to the white people, in which they have argued the question with an abili- ty, moderation, and temper, surpassing any that I can com- mand, and emphatically recommended the colony of Libe- ria to favorable consideration, as the most desirable and practicable scheme ever yet presented on this interesting subject. I ask permission of the society to read this highly creditable document. [Here Mr. Clay read the memorial referred to.] The society has experienced no difficulty in the acquisition of a territory, upon reasonable terms, abundantly sufficient for a most extensive colony. And land in ample quantities, it has ascertained, can be procured in Africa, together with all rights of sovereignty, upon conditions as favorable as those on which the United States extinguish the Indian title to territory within their own limits. In respect to the alleged incompetency of the scheme to accomplish its professed object, the society asks that that object should be taken to be, not what the imaginations of its enemies represent it to be, but what it really proposes. They represent that the purpose of the society is to export the whole African population of the United States, bond and free; and they pronounce this design to be unattainable. They declare that the means of the whole country are in- sufficient to effect the transportation to Africa of a mass of population approximating to two millions of souls. Agreed; but that is not what the society contemplates. They have substituted their own notion for that of the society. What is the true nature of the evil of the existence of a portion of the African race in our population? It is not that there are some^ but that there are so many among us of a differ- ent caste, of a different physical, if not moral, constitution, who never can amalgamate with the great body of our pop- ulation. In every country, persons are to be found varying in their colour, origin, and character, from the native mass. 320 ON THE COLONIZATION But this anomaly creates no inquietude or apprehension, because the exotics, from the smallness of their number, are known to be utterly incapable of disturbing the general tranquillity. Here, on the contrary, the African part of our population bears so large a proportion to the residue, of Eu- ropet-n origin, as to create the most lively apprehension, es- pecially in some quarters of the union. Any project, there- fore, by which, in a material degrte, the dangerous element in the general mass, can be diminished or rendered station* ary, deserves deliberate consideration. The colonization society has never imagined it to be prac- ticable, or within the reach of any means which the several governments of the union could bring to bear on the sub- ject, to transport the whole of the African race within the limits of the United States. Nor is that necessary to accom- plish the desirable objects of domestic tranquillity, and ren- der us one homogeneous people. The population of the United States has been supposed to duplicate in periods of twenty-five years. That may have been the case heretofore, but the terms of duplication will be more and more protract- ed as we advance in national age; and I do not believe that it will be found, in any period to come, that our numbers will be doubled in a less term than one of about thirty-three and a third years. I have not time to enter now into details in support of this opinion. They would consist of those checks which experience has shown to obstruct the progress of population, arising out of its actual augmentation and den- sity, the settlement of waste lands, &c. Assuming the peri- od of thirty-three and a third, or any other number of years, to be that in which our population will hereafter be doubled, if, during that whole term, the capital of the African stock could be kept down, or stationary, whilst that of European origin should be left to an unobstructed increase, the result, at the end of the term, would be most propitious. — Let us suppose, for example, that the whole population at present of the United States, is twelve millions, of which ten may be estimated of the Anglo-Saxon, and two of the African race. If there could be annually transported from the Uni- ted States an amount of the African portion equal to the annual increase of the whole of that caste, whilst the Euro- pean race should be left to multiply, we should find at the termination of the period of duplication, whatever it may be, that the relative proportions would be as twenty to two. OF THE NEGROES. 321 And if the process were continued, during a second term of duplication, the proportion would be as forty to two — one which would eradicate every cause of alarm or solici- tude from the breasts of the most timid. But the transpor- tation of Africans, by creating, to the extent to which it might be carried, a vacuum in society, would tend to accel- erate the duplication of the European race, who, by all the laws of population, would fill up the void space. This society is well aware, I repeat, that they cannot touch the subject of slavery. But it is no objection to their scheme, limited as it is exclusively to those free people of colour who are willing to migrate, that it admits of indefinite ex- tension and application, by those who alone, having the com- petent authority, may choose to adopt and apply it. Our object has been to point out the way, to show that coloniza- tion is practicable, and to leave it to those states or indivi- duals, who may be pleased to engage in the object, to pro- secute it. We have demonstrated that a colony may be planted in Africa, by the fact that an American colony there exists. The problem which has so long and so deeply inter- ested the thoughts of good and patriotic men, is solved — a country and a home have been found, to which the Afri- can race may be sent, to the promotion of their happiness and our own. But, Mr. Vice-President, I shall not rest contented with the fact of the establishment of the colony, conclusive as it ought to be deemed, of the practicability of our purpose. I shall proceed to show, by reference to indisputable statis- tical details and calculations, that it is within the compass of reasonable human means. I am sensible of the tedious- ness of all arithmetical data, but I will endeavour to sim- plify them as much as possible. — It will be borne in mind that the aim of the society is to establish in Africa a colo- ny of the free African population of the United States; to an extent which shall be beneficial both to Africa and Ame- rica. The whole free coloured population of the United States amounted in 1790, to fifty-nine thousand four hun- dred and eighty-one; in 1800, to one hundred and ten thou- sand and seventy-two; in 1810, to one hundred and eighty- six thousand four hundred and forty-six; and in 1820, to two hundred and thirty-three thousand five hundred and thirty. The ratio of annual increase during the first term Tt 322 ON THE COLONIZATION of ten years, was about eight and a half per cent per annum; > during the second, about seven per cent per annum; and dur- ing the third, a litde more than two and a half. The very- great difference in the rate of annual increase, during those several terms, may probably be accounted for by the effect of the number of voluntary emancipations operating with more influence upon the total smaller amount of free colour- ed persons at the first of those periods, and by the facts of the insurrection in St- Domingo, and the acquisition of Lou- isiana, both of which, occurring during the first and second terms, added considerably to the number of our free colour- ed population. Of all descriptions of our population, that of the free coloured, taken in the aggregate, is the least prolific, be- cause of the checks arising from vice and want. During the ten years, between 1810 and 1820, when no extraneous causes existed to prevent a fair competition in the increase between the slave and the free African race, the former in- creased at the rate of nearly three per cent per annum, whilst the latter did not much exceed two and a half. Here- after it may be safely assumed, and I venture to predict will not be contradicted by the return of the next census, that the increase of the free black population will not surpass two and a half per cent per annum. Their amount at the last census, being two hundred and thirty-three thousand five hundred and thirty, for the sake of round numbers, their annual increase may be assumed to be six thousand, at the present time. Now if this number could be annually transported from the United States during a term of years, it is evident that, at the end of that term, the parent capi- tal will not have increased, but will have been kept down at least to what it was at the commencement of the term. Is it practicable then to colonize annually six thousand per- sons from the United States, without materially impairing or affecting any of the great interests of the United States? This is the question presented to the judgments of the le- gislative authorities of our country. This is the whole scheme of the society. From its actual experience, derived from the expenses which have been incurred in transporting the persons already sent to Africa, the entire average ex- pense of each colonist, young and old, including passage money and subsistence, may be stated at twenty dollars per head. There is reason to believe that it may be reduced OF THE NEGROES. 323 considerably below that sum. Estimating that to be the ex- pense, the total cost of transporting six thousand souls, an- nually to Africa, would be one hundred and twenty-thousand dollars. The tonnage requisite to effect the object, calculat- ing two persons to every five tons (which is the provision of existing law) would be fifteen thousand tons. But as each vessel couid probably make two voyages in the year, it may be reduced to seven thousand five hundred. And as both our mercantile and military marine might be occasion- ally employed on this collateral service, without injury to the main object of the voyage, a further abatement might be safely made in the aggregate amount of the necessary tonnage. The navigation concerned in the commerce be- tween the colony and the United States, (and it already be- gins to supply subjects of an interesting trade,) might be incidentally employed to the same end. Is the annual expenditure of a sum no larger than one hundred and twenty thousand dollars, and the annual em- ployment of seven thousand five hundred tons of shipping, too much for reasonable exertion, considering the magni- tude of the object in view? Are they not, on the contrary, within the compass of moderate efforts? Here is the whole scheme of the society — a project which has been pronounced visionary by those who have never giv- en themselves the trouble to examine it, but to which I be- lieve most unbiassed men will yield their cordial assent, af- ter they have investigated it. Limited as the project is, by the society, to a colony to be formed by the free and unconstrained consent of free persons of colour, it is no objection, but on the contrary, a great recommendation of the plan, that it admits of being taken up and applied on a scale of much more comprehen- sive utility. The society knows, and it affords just cause of felicitation, that all or any one of the states which tolerate slavery may carry the scheme of colonization into effect, in regard to the slaves within their respective limits, and thus ultimately rid themselves of an universally acknowledged curse. — A reference to the results of the several enumera- tions of the population of the United States will incontes- tibly prove the practicability of its application on the more extensive scale. The slave population of the United States amounted in 1790, to six hundred and ninety- seven thou- sand, six hundred and ninety-seven; in 1800, to eight hun- 324 ON THE COLONIZATION dred and ninety-six thousand, eight hundred and forty-ninej in 1810, to eleven hundred and ninety-one thousand, three hundred and sixty-four; and in 1820, to fifteen hundred and thirty-eight thousand, one hundred and twenty-eight. The rate of annual increase, (rejecting fractions and taking the integer to which they make the nearest approach,) during the first term of ten years was not quite three per centum per annum, during the second, a little more than three per cen- tum per annum, and during the third, a little less than three per centum.* The mean ratio of increase for the whole pe- riod of thirty years was very little more than three per cen- tum per annum. During the first two periods, the native stock was augmented by importations from Africa in those states which continued to tolerate them, and by the acquisi- tion of Louisiana. Virginia, to her eternal honour, abolish- ed the abominable traffic among the earliest acts of her self- government. The last term alone presents the natural increase of the capital unaflTected by any extraneous causes. That authorizes, as a safe assumption, that the future increase will not exceed three per centum per annum. As our pop- ulation increases the value of slave labour will diminish, in consequence of the superior advantages in the employ- ment of free labour. And when the value of slave labour shall be materially lessened either by the multiplication of the supply of slaves beyond the demand, or by the compe- tition between slave and free labour, the annual increase of slaves will be reduced, in consequence of the abatement of the motives to provide for and rear the offspring. Assuming the future increase to be at the rate of three per centum per annum, the annual addition to the number of slaves in the United States, calculated upon the return of the last census (one million five hundred and thirty-eight thousand, one hundred and twenty-eight) is forty-six thou- sand. Applying the data which have been already stated and explained, in relation to the colonization of free per- sons of colour from the United States to Africa, to the ag- gregate annual increase both bond and free of the African race, and the result will be found most encouraging. The total number of the annual increase of both descriptions is fifty-two thousand. The total expense of transporting that number to Africa, (supposing no reduction of present pri- * See a table io page 339. OF THE NEGROES. 325 ces) would be one million and forty thousand dollars, and the requisite amount of tonnage would be only one hundred and thirty thousand tons of shipping, about one-ninth part of the mercantile marine of the United States. Upon the supposition of a vessel's making two voyages in the year, it would be reduced to one half, sixty-five thousand. And this quantity would be still further reduced, by embracing opportunities of incidental employment of vessels belong- ing both to the mercantile and military marines. But, is the annual application of one million and forty thousand dollars, and the employment of sixty-five or even one hundred and thirty thousand tons of shipping, consider- ing the magnitude of the object, beyond the ability of this country? Is there a patriot, looking forward to its domestic quiet, its happiness and its glory, that would not cheerfully contribute his proportion of the burthen to accomplish a purpose so great and so humane? During the general contin- uance of the African slave trade, hundreds of thousands of slaves have been, in a single year, imported into the several countries whose laws authorized their admission. Notwith- standing the vigilance of the powers now engaged to sup- press the slave trade, I have received information, that in a single year, in the single island of Cuba, slaves equal in amount to one-half of the above number of fifty-two thous- and, have been illicitly introduced. Is it possible that those who are concerned in an infamous traffic can effect more than the states of this union, if they were seriously to engage in the good work? Is it credible — is it not a libel upon hu- man nature to suppose, that the triumphs of fraud and violence and iniquity, can surpass those of virtue and be- nevolence and humanity? The population of the United States being, at this lime, estimated at about ten millions of the European race, and two of the African, on the supposition of the annual colo- nization of a number of the latter equal to the annual in- creasci of both of its classes, during the whole period ne- cessary to the process of duplication of our numbers, they would, at the end of that period, relatively stand twenty millions for the white and two for the black portion. But an annual exportation of a number equal to the annual in- crease, at the beginning of the term, and persevered in to the end of it, would accomplish more than to keep the pa- rent stock stationary. The colonists would comprehend 326 ON THE COLONIZATION more than an equal proportion of those of the prolific ages. Few of those who had passed that age would migrate. So that the annual increase of those left behind, would continue gradually, but, at first, insensibly, to diminish; and by the expiration of the period of duplication it would be found to have materially abated. But it is not merely the greater relative safety and happiness which would, at the termina- tion of that period, be the condition of the whites. Their ability to give further stimulus to the cause of coloniza- tion will have been doubled, whilst the subjects on which it would have to operate, will have decreased or remained stationary. If the business of colonization should be regu- larly continued during two periods of duplication, at the end of the second, the whites would stand to the blacks, as forty millions to not more than two, whilst the same ability will have been quadrupled. Even if colonization should then altogether cease, the proportion of the African to the Europe. in race will be so small that the most timid, may then, for ever, dismiss all ideas of danger from within or without, on account of that incongruous and perilous ele- ment in our population. Further; by the annual withdrawal of fifty-two thousand persons of colour, there would be annual space created for an equal number of the white race. The period, therefore, of the duplication of the vi^hites, by the laws which govern population, would be accelerated. Such, Mr. Vice-President, is the project of the society; and such is the extension and use which may be made of the principle of colonization, in application to our slave population, by those states which are alone competent to un- dertake and execute it. All, or any one, of the states which tolerate slavery may adopt and execute it, by co-operation or separate exertion. If I could be instrumental in eradi- cating this deepest stain upon the character of our country, and removing all cause of reproach on account of it, by fo- reign nations — If I could only be instrumental in ridding of this foul blot that revered state that gave me birth, or that not less beloved state which kindly adopted me as her son, I would not exchange the proud satisfaction which I should enjoy for the honour of all the triumphs ever de- creed to the most successful conqueror. Having [ hope shov^n that the plan of the society is not visionary, but rational and practicable; that a colony does in OP THE NEGROES. 327 fact exist, planted under its auspices; that free people are willing and anxious to go; and that the right of soil as well as of sovereignty may be acquired in vast tracts of coun- try in Africa, abundantly sufficient for all the purposes of the most ample colony, and at prices almost only nominal, the task which remains to me of showing the beneficial con- sequences which would attend the execution of the scheme, is comparatively easy. Of the utility of a total separation of the two incongru- ous portions of our population, supposing it to be practica- ble, none have ever doubted. The mode of accomplishing that most desirable object, has alone divided public opinion. Colonization in Hayti, for a time, had its partisans. With- out throwing any impediments in the way of executing that scheme, the American colonization society has steadily ad- hered to its own. The Haytien project has passed away. Colonization beyond the Stony Mountains has sometimes been proposed; but it would be attended with an expense and difficulties far surpassing the African project, whilst it would not unite the same animating motives. There is a moral fitness in the idea of returning to Africa her children, whose ancestors have been torn from her by the ruthless hand of fraud and violence. Transplanted in a foreign land, they will carry back to their native soil the rich fruits of religion, civilization, law, and liberty. May it not be one of the great designs of the Ruler of the universe, (whose ways are often inscrutable by short sighted mortals,) thus to trans- form an original crime into a signal blessing, to that most unfortunate portion of the globe. Of all classes of our population, the most vicious is that of the free coloured. It is the inevitable result of their moral, political and civil de- gradation. Contaminated themselves, they extend their vi- ces to all around them, to the slaves and to the whites. If the principle of colonization should be confined to them; if a colony can be firmly established and successfully continu- ed in Africa which should draw off annually an amount of that portion of our population equal to its annual increase, much good will be done. If the principle be adopted and applied by the states, whose laws sanction the existence of slavery, to an extent equal to the annual increase of slaves, still greater good will be done. This good will be felt by the Africans who go, by the Africans who remain, by the white population of our country, by Africa and by Ameri- 328 ON THE COLONIZATION ca. It is a project which recommends itself to favour in all the aspects in which it can be contemplated. It will do good in every and any extent in which it may be executed. It is a circle of philanthropy, every segment of which tells and testifies to the beneficence of the whole. Every emigrant to Africa is a missionary carrying with him credentials in the holy cause of civilization, religion, and free institutions. Why is it that the degree of success of missionary exertions is so limited, and so discouraging to those whose piety and benevolence prompt them? Is it not because the missionary is generally an alien and a stran- ger, perhaps of a different colour, and from a different tribe? There is a sort of instinctive feeling of jealousy and dis- trust towards foreigners which repels and rejects them in all countries; and this feeling is in proportion to the degree of ignorance and barbarism which prevail. But the African colonists, whom we send to convert the heathen, are of the same colour, the same family, the same physical constitu- tion. When the purposes of the colony shall be fully un- derstood, they will be received as long lost brethren restor- ed to the embraces of their friends and their kindred by the dispensations of a wise providence. The society is reproached for agitating this question. It should be recollected that the existence of free people of colour is not limited to the states only which tolerate slave- ry. The evil extends itself to all the states, and some of those which do not allow of slavery, ftheir cities especial- ly,) experience the evil in an extent even greater than it ex- ists in the slave states. A common evil confers a right to consider and apply a common remedy. Nor is it a valid objection that this remedy is partial in its operation or dis- tant in its efficacy. A patient, writhing under the tortures of excruciating disease, asks of his physician to cure him if he can, and, if he cannot, to mitigate his sufferings. But the remedy proposed, if generally adopted and persevering- ly applied, for a sufficient length of time, should it not en- tirely eradicate the disease, will enable the body politic to bear it without danger and without suffering. We are reproached with doing mischief by the agitation of this question. The society goes into no household to dis- turb its domestic tranquillity; it addresses itself to no slaves to weaken their obligations of obedience. It seeks to affect no man's property. It neither has the power nor the will to OF THE NEGROES. 329 affect the property of any one contrary to his consent. The execution of its scheme would augment instead of diminish- ing the value of the property left behind. The society, com- posed of free men, concerns itself only with the free. Col- lateral consequences we are not responsible for. It is not this society which has produced the great moral revolution which the age exhibits. What would they, who thus reproach us, have done? If they would repress all tendencies towards liberty and ultimate emancipation, they must do more than put down the benevolent efforts of this society. They must go back to the era of our liberty and independence, and muzzle the cannon which thunders its annual joyous return. They must revive the slave trade, with all its train of atro- cities. They must suppress the workings of British philan- thropy, seeking to meliorate the condition of the unfortu- nate West Indian slaves. They must arrest the career of South American deliverance from thraldom. They must blow out the moral lights around us, and extinguish that greatest torch of all which America presents to a benighted world, pointing the way to their rights, their liberties, and their happiness. And when they have achieved all these purposes, their work will be yet incomplete. They must penetrate the human soul, and eradicate the light of reason and the love of liberty. Then, and not till then, when uni- versal darkness and despair prevail, can you perpetuate slavery, and repress all sympathies, and all humane and be- nevolent efforts among freemen, in behalf of the unhappy portion of our race doomed to bondage. Our friends, who are cursed with this greatest of human evils, deserve the kindest attention and consideration. Their property and their safety are both involved. But the liberal and' candid among them will not, cannot, expect that every project to deliver our country from it is to be crushed be* cause of a possible and ideal danger. Animated by the encouragement of the past, let us pro- ceed under the cheering prospects which lie before us. Let us continue to appeal to the pious, the liberal, and the wise. Let us bear in mind the condition of our forefathers, when, collected on the beach of England, they embarked, amidst the scoffings and the false predictions of the assembled mul- titude, for this distant land; and here, in spite of all the pe- rils of forest and ocean, which they encountered, success- fully laid the foundations of this glorious republic. Un* U u 330. ON THE COLONIZATION OF THE NEGROES. dismayed by the prophecies of the presumptuous, let us supplicate the aid of the American representatives of the people, and redoubling our labours, and invoking the bless- ings of an all-wise Providence, I boldly and confidently anticipate success. I hope the resolution which I offer will be unanimously adopted. 331 Extracts from the Report of the board of Managers of the Jlme- rican Colonization Society, presented at its annual meeting, January A2tth, 1827, read by Mr. Clay in the course of the de- livery of the preceding Speech. The system of government established with the full consent of the colonists, in the autumn of 1824, and which the managers had the hap- piness to represent in their last report, as having thus far fulfilled all the purposes of its institution, has continued its operations during the year without the least irregularity, and with undiminished success. The re- publican principle is introduced as far as is consistent with the youthful and unformed character of the settlement, and in the election of their officers the colonists have evinced such integrity and judgment as afford promise of early preparation for all the duties of self-government. " The civil prerogatives and government of the colony and the body of the laws by which they are sustained," says the colonial agent, " are the pride of all. I am happy in the persuasion I have, that I hold the balance of the laws in the midst of a people, with whom ttie first perceptible inclination of the sacred scale determines authoritatively, their sentiments and their conduct. There are individual exceptions, but these remarks extend to the body of the settlers." The moral and religious character of the colony, exerts a powerful in- fluence on its social and civil condition. That piety which had guided most of the early emigrants to Liberia, even before they left this coun- try, to respectability and usefulness among their associates, (prepared them, in laying the foundations of a colony, to act with a degree of wis- dom and energy which no earthly motives could inspire. Humble, and for the most part unlettered men; born and bred in circumstances the most unfavorable to mental culture; unsustained by the hope of renown, and unfamiliar with the history of great achievements and heroic virtues, their's was nevertheless a spirit unmoved by dangers or by sufferings, which misfortunes could not darken, nor death dismay. They left Ameri- ca, and felt that it was forever: they landed in Africa, possibly to find a home, but certainly a grave. Strange would it have been had the reli- gion of every individual of these early settlers proved genuine; but im- mensely changed as have been their circumstances and severely tried their faith, most have preserved untarnished the honors of their profes- sion, and to the purity of their morals and the consistency of their con- duct, is in a great measure to be attributed the social order and gene- ral prosperity of the colony of Liberia. Their example has proved most salutary; and while subsequent emigrants have found tliemselves awed and restrained, by their regularity, seriousness and devotion, the poor natives have given their confidence and acknowledged the excellence of practical Christianity. " It deserves record," says Mr. Ashmun, " that religion has been the principal agent employed in laying and confirming the foundations of the settlement. To this sentiment ruling, restraining, and actuating the minds of a large proportion of (he colonists, must be referred the whole strength of our civil government." Examples of in- temperance, profaneness or licentiousness, are extremely rare, and vice 332 ON THE COLONIZATION wherever it exists, is obliged to seek concealment from the public eye. The Sabbath is universally respected; Sunday schools, both for the chil- dren of the colony and for the natives, are established; all classes attend regularly upon the worship of God; some charitable associations have been formed for the benefit of the heathen; and though it must not be concealed, that the deep concern on the subject of religion, which re- sulted, towards the conclusion of the year 1825, in the public profession of Christianity by about fifty colonists, has in a measure subsided, and some few cases of delinquency since occurred; and though there are faults growing out of the early condition and habits of the settlers which require amendment; yet the managers have reason to believe, that there is a vast and increasing preponderance on the side of correct principle and virtuous practice. The agriculture of the colony, has received less attention than its im- portance demands. This is to be attributed to the fact, that the labour of the settlers tias been applied to objects conducing more immediately to their subsistence and comfort. It will not, the board (rust, be concluded that, because more might have been done for the agricultural interests of the colony, what has been effected is inconsiderable. Two hundred and twenty-four plan- tations, of from five to ten acres each, were, in June last, occupied by the settlers, and most of them are believed to be at present under culti- vation. One hundred and fourteen of these are on cape Montserado, thirty-three on Stockton creek, (denominated the halfway farms, because nearly equi-distant from Monrovia and Caldwell, the St. Paul's settle- ment) and seventy-seven at the confluence of Stockton creek with the St. Paul's. The St. Paul's territory includes the half-way farms, and is represent- ed as a beautiful tract of country, comparatively open, well watered and fertile, and still further recommended as having been, for ages, selected by the natives on account of its productiveness for their rice and cassa- da plantations. The agricultural habits of the present occupants of this tract, concur with the advantages of their situation, in affording promise of success to their exertions. " Nothing," says the colonial agent, " but circumstances of the most extraordinary nature, can prevent them from making their way directly to respectability and abundance." Oxen were trained to labour in the colony in 1825, and it was then expected that the plough would be introduced in the course of another year. Although commerce has thus far taken the lead of agriculture, yet the excellence of the soil, the small amount of labour, required for its cultivalion, and the value and abundance of its products, cannot fail, finally, to render the latter the more cherished, as it is, certainly, the more important interest of the colony. The trade of Liberia has increased with a rapidity almost unexampled, and while it has supplied the colonists not only with the necessaries, but with the conveniences and comforts of life, the good faith with which it has been conducted, has conciliated the friendship of the natives, and acquired tlie confidence of foreigners. The regulations of the colonv allowing no credits, except by a writ- ten permission, and i eouiring the barter-to be carried on through facto- ries established for the purpose, has increased the profits of the traffic, and prevented numerous evils which must Lave attended upon a more unrestricted license. OF THE NEGROES. 333 Between the first of January and the fifteenth of July, 1826, no less than fifteen vessels touched at Monrovia and purchased the produce of the country, to the amount, according to the best probable estimate, of forty-three thousand nine hundred and eighty dollars, African value. The exporters of this produce realize, on the sale of the goods given in barter for it, a profit of twenty-one thousand nine hundred and ninety dollars, and on the freight, of eight thousand seven hundred and eighty- six dollars, making a total profit of thirty thousand seven hundred and eighty-six dollars. A gentleman in Portland has commenced a regular trade with the co- lony; and for his last cargo landed in Liberia, amounting to eight thou- sand dollars, he received payment in the course of ten days. The ad- vantages of this trade to the colony, are manifest from the high price of labour, (that of mechanics being two dollars per day, and that of com- mon labourers from seventy-five cents to one dollar and twenty-five cents,) and from the easy and comfortable circumstances of the settlers. " An industrious family, twelve months in Africa, destitute of the means of furnishing an abundant table, is not known; and an individual, of whatever age or sex, without ample provision of decent apparel, can- not, it is believed, be found." " Every family," says Mr. Ashmun, " and nearly every single adult person in the colony, has the means of em- ploying from one to four native labourers, at an expense of from four to six dollars the month; and several of the settlers, when called upon in consequence of sudden emergences of the public service, have made repeated advances of merchantable produce, to the amount of three hundred to six hundred dollars each." The managers are happy to state, that the efforts of the colonial agent to enlarge the territory of Liberia, and particularly to bring under the government of the colony a more extended line of coast, have been ju- dicious and energetic, and in nearly every instance resulted in complete success. From Cape Mount to Tradetown, a distance of one hundred and fifty miles, the colonial government has acquired partial jurisdiction. Four of the most important Stations on this tract, including Montse- rado, belong to the society, either by actual purchase, or by a deed of perpetual lease; and such negociations have been entered upon with the chiefs of the country, as amount to a preclusion of all Europeans from any possessions within these limits. The fine territory of the St Paul's, now occupied by settlers, was described in the last annual report of the society. The territory of Young Sesters, recently ceded to the society, is nine- ty miles south of Montserado, in the midst of a very productive rice coun- try, affording also large quantities of palm oil, camwood, and ivory. The tract granted to the colony, includes the bed of the Sester's river, and all the land on each side, to the distance of half a league, and ex- tending longitudinally from the river's mouth to its source. In compli- ance with the terms of the contract, the chief of the country has con- structed a commodious store house, and put a number of labourers suffi- cient for the cultivation of a rice plantation of forty acres, under the direction of a respectable colonist who takes charge of the establish- ment. The right of use and occupancy has also been obtained to a region of country on the south branch of the St. John's river, north nine miles from Young Sesters, and the trading factory established there, under 334 ON THE ^COLONIZATION the superintendence of a family from Monrovia, has already provided a Valuable source of income to the colony. Rice is also here to be culti- vated, and the chief who cedes the territory, agrees to furnish the la- bour. The upright and exemplary conduct of the individual at the head of this establishment, has powerfully impressed the natives with the impor- tance of inviting- them to settle in their country; and consequently, the offer made by the colonial agent, for the purchase of Factory Island, has been accepted by its proprietor. This island is in the river St. John's, four miles from its mouth, from five to six miles in length, and one-third of a mile in breadth, and is among the most beautiful and fertile spots in Africa. A few families are about to take up their residence upon it, and prepare for founding a settlement, " which cannot fail," says Mr. Ashmun, " in a few years, to be second to no other in the colony, except Monrovia." Negociations are also in progress with the chiefs of Cape Mount, which, if successful, will secure to the colony the whole trade of that station, estimated at fifty thousand dollars per annum, and may ultimate- ly lead to its annexation to the territories of Liberia. " The whole coun- try between Cape Mount and Trade Town," observes Mr. Ashmun, *' is rich in soil and other natural advantages, and capable of sustaining a numerous and civilized population beyond almost any other country on earth. Leaving the sea-board, the traveller, every where, at the distance of a very few miles, enters upon a uniform upland country, of moderate elevation, intersected by innumerable rivulets, abounding in springs of unfailing water, and covered with a verdure which knows no other chan- ges except those which refresh and renew its beauties. The country directly on the sea, although verdant and fruitful to a high degree, is found every where to yield, in both respects, to the interior." Much progress has been made the last year, in the construction of public buildings and works of defence, though, with adequate supplies of lumber, more might doubtless have been accomplished. Two hand- some churches, erected solely by the colonists, now adorn the village of Monrovia. Fort Stockton has been rebuilt in a stile of strength and beauty. A receptacle capable of accommodating one hundred and fif- ty emigrants, is completed. The new agency house, market house, Lancasterian school, and town house, in Monrovia, were, some months since, far advanced, and the finishing strokes were about to be given to the government house on the St. Paul's. The wing of the old agency house has been " handsomely fitted up for the colonial library, which now consists of twelve hundred volumes systematically arranged in glazed cases with appropriate hangings. All the books are. substantial- ly covered, and accurately labelled; and files of more than ten newspa- pers, more or less complete, are preserved. The library is fitted up so as to answer the purpose of a reading room, and it is intended to make it a museum of all the natural curiosities o{ Africa, which can be pro- cured." No efforts have been spared to place the colony in a state of adequate defence, and while it is regarded as perfectly secure from the native for- ces, it is hoped and believed, that it may sustain itself against any pirati- cal assaults. " The establishment has fifteen large carriage guns and three small pivot guns, all fit for service." Fort Stockton overlooks the whole town of Monrovia, and a strong battery is now building on the OF THE NEGROES. 335 height of Thompson Town, near the extremity of the cape, which it is thought will afford protection to vessels anchoring in the roadstead. The militia of the colony consists of two corps appropriately uniformed, one of artillery of about fifty men, the other of infantry of forty men, and ou various occasions have they proved themselves deficient neither Id disci- pline or courage. Extracts from the Rev. J. Ashman's report of the Colony. The money expended on these various objects has necessarily been considerable; but, in comparison with the expense which similar objects in this country cost European governments, it will be found not merely nloderate, but trifling. Less than has been effected towards the extension of our limits, I could not attempt: and I am certain that were the direc- tion of every other establishment on the coast, except the Portuguese, would regard itself not only authorized, but obliged., to pay away thou- sands — I have in countless instances, spent not a dollar. But that spe- cies of economy which sacrifices to itself any object essential to the suc- cess of this undertaking, I am as little able to practice as the board is to approve. The natives of the country, but particularly of the interior, notwith- standing- their habitual indolence, produce, after supplying their own wants, a considerable surplus of the great staple of this part of western Africa — rice. The moderate rate at which this grain is purchased by such as deal directly with the growers; and the various uses of which it is susceptible in the domestic economy, easily place the means of sup- plying the first necessities of nature in the reach of every one. Rice, moreover, always commands a ready sale with transient trading vessels or coasters^jand forms an useful object of exchange for other provisions and necessaries, between individuals of the colony. To this succeeds, as next in importance, the camwood of the country, of which several hundred tons every year pass through the hands of the settlers; and serve to introduce, in return, the provisions and groceries of America; and the dry goods and wares both of Europe and America, which, from the necessary dependence of the members of every society on each other, come soon to be distributed, for the common advantage of all. The ivory of Liberia is less abundant, and less valuable, than that of other districts of Western Africa. It, however, forms a valuable article of barter and export, to the settlement ; and the amount annually bought and sold, falls between five and eight thousand dollars. No less than five schools for different descriptions of learners, exclu- sive of the Sunday Schools, have been supported during the year, and still continue in operation. — The youths and children of the colony dis- cover for their age, unequivocal proofs of a good degree of mental ac- complishment. The contrast between children several years in the en- joyment of the advantages of the colony, and most others of the same age, arriving from the United States, is striking — and would leave an entire stranger at no loss to distinguish the one from the other. Should emigration, but for a very few months, cease to throw the little igno- rants into the colony, from abroad, the phenomenon of a child of five years, unable to read, it is believed, would not exist among us. The first successful essay in the construction of small vessels, has 335 ON THE COLONIZATION been made the past year. I have built, and put upon the rice trade, be- tween our factories to the leeward, and cape Montserado, a schooner of ten tons burthen, adapted to the passage of the bars of all the naviga- ble rivers of the coast. The sailing qualities of this vessel are so superi- or, that before the wind, it is believed, few or none of the numerous pi- rates of the coast, can overtake her. She makes a trip, freighted both ways, in ten days; and commonly carries and brings merchandise and produce, to the amount of from four to eight hundred dollars each trip. Another craft of equal tonnage, but of very indifferent materials, has been built by one of the colonists. The model of the St. Paul's (the public boat) was furnished by myself; but she was constructed under the superintendence of J. Blake, who has thus entitled himself to the cha- racter of an useful and ingenious mechanic. One of the most obvious effects of this colony, has already been to check, in this part of Africa, the prevalence of the slave-trade. The promptness and severity with which our arms have, in every instance, avenged the iusults and injuries offered by slave ships and factories to the colony, have, I may confidently say, banished it forever from this district of the coast. Our influence with the natives of this section of the coast is known to be so great as to expose to certain miscarriage, any transaction entered into with them for slaves. But there is a moral feel- ing at work in the minds of most of our neighbours, contracted doubtless, by means of their intercourse with the colony, which represents to them the dark business in a new aspect of repulsiveness and absurdity. Most are convinced that it is indeed a bad business, — and are apparently sin- cere in their determination to drop it forever, unless compelled by their wants to adventure a few occasoinal speculations. In the punishment of offences, the most lenient maxims of modern jurisprudence have been observed, by way of experiment on human na- ture, in that particular modification of it exhibited by the population of this colony. The result has been, so far favourable to the policy pur- sued. The passion to which corporeal and other ignominious punish- ments address their arguments, is certainly one of the least ingenuous of the human constitution. Extracts from a Memorial from the free people of colour to the citizens of Baltimore. We have hitherto beheld, in silence, but with the iotensest interest, the efforts of the wise and philanthropic in our behalf. If it became us to be silent, it became us also to feel the liveliest anxiety and gratitude. The time has now arrived, as we believe, in which your work and our happiness may be promoted by the expression of our opinions. We have therefore assembled for that purpose, from every quarter of the city and every denomination, to offer you this respectful address with all the weight and influence which oar number, character, and cause can lend it. We reside among you, and yet are strangers; natives, and yet not citi- zens; surrounded by the freest people and most republican institutions in the world, and yet enjoying none of the immunities of freedom. It is not to be imputed to you that we are here. Your ancestors re- monstrated against the introduction of the first of our race, who were brought amongst you; and it was the mother country that insisted on OF THE NEGROES. 337 their admission, that her colonies and she might profit, as she thought, by their compulsory labour. But the gift was a curse to them, without being an advantage to herself. The colonies, grown to womanhood, burst from her dominion; aad if they have an angry recollection of their union and rupture, it must be at the sight of the baneful institution which she has entailed upon them. How much you regret its existence among you, is shown by the se- vere laws you have enacted against the slave-trade, and by your employ- ment of a naval force for its suppression. You have gone still further. Wot content with checking the increase of the already too growing evil, you have deliberated how you might best exterminate the evil itself. This delicate and important subject has produced a great variety of opinions; but we find, even in that diversity, a consolatory proof of the interest with which you regard the subject, and of your readiness to adopt that scheme which may appear to be the best. Leaving out all considerations of generosity, humanity, and benevo- lence, you have the strongest reasons to favour and facilitate the with- drawal from among you of such as wish to remove. It ill consists, in the first place, with your republican principles and with the health and mo- ral sense of the body politic, that there should be in the midst of you aD extraneous mass of men, united to you only by soil and climate, and ir- revocably excluded from your institutions. Nor is it less for your advan- tage in another point of view. Our places might, in our opinion, be bet- ter occupied by men of your own colour, who would increase the strength of your country. In the pursuit of livelihood and the exercise of indus- trious habits, we necessarily exclude from employment many of the whites — your fellow citizens, who would find it easier in proportion as we depart, to provide for themselves and their families. But if you have every reason to wish for our removal, how much great- er are our inducements to remove! Though we are not slaves, we are not free. We do not, and never shall participate in the enviable privi- leges which we continually witness. Beyond a mere subsistence, and the impulse of religion, there is nothing to arouse us to the exercise of our faculties, or excite us to the attainment of eminence. Of the many schemes that have been proposed, we most approve of that of African colonization. If we were able and at liberty to go whith- ersoever we would, the greater number, williog to leave this communi- ty, would prefer Liberia, on the coast of Africa. Others, no doubt, would turn them towards some other regions : the world is wide. Already, established there in the settlement of the American colonization society, are many of our brethren, the pioneers of African restoration, who en- courage us to join them. Several were formerly residents of this city, and highly considered by the people of their own class and colour. They have been planted at cape Montserado, the most eligible and one of the most elevated sites on the western coast of Africa, selected in 1821; and their number has augmented to five hundred. Able, as we are informed, to provide for their own defence and support, and capable of self-in- crease, they are now enjoying all the necessaries and comforts and ma- ny of the luxuries of larger and older communities. In Africa we shall be freemen indeed, and republicans after the model of this republic. We shall carry your language, your customs, your opinions and Christianity to that now desolate shore, and thence they will gradually spread, with our growth, far into the continent- The slave-trade, both external and X X 338 COLONIZATION OF THE NEGROES. internal, can be abolished only by settlements on the coast. Africa, it destined to be ever civilized and converted, can be civilized and convert- ed by that means only. We foresee that difficulties and dangers await those who emigrate, such as every infant establishment must encounter and endure 3 such as your fathers suffered when first they landed 00 this now happy shore. The portion of comforts which they may lose, they will cheerfully abandon. Human happiness does not consist in meat and drink, nor in costly raiment, nor in stately habitations; to contribute to it even, they must be joined with equal rights and respectability; and it often exists in a high degree without them. That you may facilitate the withdrawal from among you of such as wish to remove, is what we now solicit. It can best be done, we think, by augmenting the means at the command of the American colonization society, that the colony of Liberia may be strengthened and improved for their gradual reception. The greater the number of persons sent thither, from any part of this nation whatsoever, so much the more capa- ble it becomes of receiving a still greater. Every encouragement to it, therefore, though it may not seem to have any particular portion of em- igrants directly in view, will produce a favourable effect upon all. The emigrants may readily be enabled to remove, in considerable numbers every fall, by a concerted system of individual contributions, and still more efficiently by the enactment of laws to promote their emigration, under the patronage of the state. The expense would not be nearly so great as it might appear at first sight, for when once the current shall have set towards Liberia, and intercourse grown frequent, the cost will of course diminish rapidly, and many will be able to defray it for them- selves. Thousands and tens of thousands poorer tbau we, annually em- igrate from Europe to your country, and soon have it in their power to hasten the arrival of those they left behind — Every intelligent and indus- trious coloured man would continually look forward to the day, when he or his children might go to their veritable home, and would accumulate all bis little earnings for that purpose. We have ventured these remarks, because we know that you take a kind concern in the subject to which they relate, and because we think they may assist you in the prosecution of your designs. If we were doubt- ful of your good will and benevolent intentions, we would remind you of the time when you were in a situation similar to ours, and when your forefathers were driven, by religious persecution, to a distant and inhos- pitable shore. We are not so persecuted, but we, too, leave our homes, and seek a distant and inhospitable shore: an empire may be the result of our emigration, as of their's. The protection, kindness, and assistance which you would have desired for yourselves under such circumstances, now extend to us : so may you be rewarded by the riddance of the stain and evil of slavery, the extension of civilization and the gospel, and the blessings of our commoQ Creator! WILLIAM C9RNISH, Chairman of the meeting in Bethel chorch. ROBERT COWLEY, Secretary of the meeting in Bethel church. JAMES DEAVER, Chairman of the meeting in the African church. Sharp street. REMUS HARVEY, Secretary of the meeting in the African church, Sharp street. 339 A TABLE, Exhibiting the amount of the Jlfrican portion of the population of the United States, according to the returns of the several censuses, ivith the ratio of increase. CENSUS OF 1790. Slaves, 697,69'7 All other persons of colour except Indians, not taxed, ... 59,481 CENSUS OF 1800. Slaves, 896,849 All other persons, as above, -----.- 110,072 Rate of increase of slaves between 1790 and 1800, 2.85442 pr. ct. pr. ann. Do. do. persons of colour do. 8.6054 CENSUS OF 1810. Slaves, 1,191,364 All other persons of colour, as above, ..... 186,446 Rate of increase of slaves between 1800 and 1810 3.2838861 pr. ct.pr. ann. Do. do. persons of colour do. . 6.93854931 CENSUS OF 1820. Slaves, 1,538,128 All other persons of colour, as above, ..... 233,530 Rate of increase of slaves between 1810 and 1820 2.911 Do. do. persons of colour do. - 2.52534246 Mean ratio of increase of slaves during the whole period of 30 years. 3.0164353 Do. of persons of colour, ..... 5.98976392 Present rate of increase of slaves, according to the last census, 2.911 Do. do. of free persons of colour - - _ 2.52534246 t>r a little more than two and a half per centum per annum. 340 ON THE BANK QUESTION. A sketch of xvhat Mr. Clay said on the Bank ^estion^in an address to his Constituents in Lexington^ June Sd^ 1816. [Extracted from the Kentucky Gazette.] On one subject, that of the bank of the United States, to which at the late session of congress he gave his humble support, Mr. Clay felt particularly anxious to explain the grounds on which he had acted. This explanation, if not due to his own character, the state and the district to which he belonged, had a right to demand. It would have been unnecessary, if his observations, addressed to the house of representatives, pending the measure, had been published; but they were not published, and why they were not pub- lished he was unadvised. When he was a member of the senate of the United States, he was induced to oppose the renewal of the charter to the old bank of the United States by three general con- siderations. The first was, that he was instructed to oppose it by the legislature of the state. What were the reasons that operated with the legislature, in giving the instruction, he did not know. He has understood from members of that body, at the time it was given, that a clause, declaring that congress had no power to grant the charter, was stricken out; from which it might be inferred, either that the legis- lature did not believe a bank to be unconstitutional, or that it had formed no opinion on that point. This inference derives additional strength from the fact, that although the two late senators from this state, as well as the present senators, voted for a national bank, the legislature which must have been well apprised that such a measure was in contemplation, did not again interpose either to protest against the measure itself, or to censure the conduct of those senators. From this silence on the part of a body which has ever fixed a watchful eye upon the proceedings of the general government, he had a right to believe that the legislature of Kentucky saw, without dissatisfaction, the ON THE BANK QUESTION. 341 proposal to establish a national bank; and that its opposition to the former one was upon grounds of expediency, appli- cable to that corporation alone, or no longer existing. But when, at the last session, the question came up as to the establishment of a national bank, being a member of the house of representatives, the point of inquiry with him was not so much what was the opinion of the legislature, although undoubtedly the opinion of a body so respectable would have great weight with him under any circumstances, as what were the sentiments of his immediate constituents. These he believed to be in favour of such an institution, from the following circumstances: In the first place his predecessor, (Mr. Hawkins) voted for a national bank, without the slightest murmur of discontent. Secondly, during the last fall, when he was in his district he conversed freely with many of his constituents upon that subject, then the most common topic of conversation, and all, without a single exception as far as he recollected, agreed that it was a desirable, if not the only efficient remedy for the alarming evils in the currency of the country. And lastly, during the session he received many letters from his constituents, prior to the passage of the bill, all of which concurred, he believed without a solitary exception, in advising the mea- sure. So far then from being instructed by his district to oppose the bank, he had what was perhaps tantamount to an instruction to support it — the acquiescence of his con- stituents in the vote of their former representative, and the communications, oral and written, of the opinions of many of them in favour of a bank. The next consideration which induced him to oppose the renewal of the old charter, was, that he believed the cor- poration had, during a portion of the period of its existence, abused its powers, and had sought to subserve the views of a political party. Instances of its oppression for that pur- pose, were asserted to have occurred at Philadelphia and at Charleston; and, although denied in congress by the friends of the institution during the discussions on the application for the renewal of the charter, they were, in his judgment, satisfactorily made out. This oppression indeed was admitted in the house of representatives in the debate on the present bank, by a distinguished member of that party which had so warmly espoused the renewal of the old charter. It may be said, what security is there that the 342 ON THE BANK QUESTION. new bank will not imitate this example of oppression?— He answered, the fate of the old bank warning all similar in- stitutions to shun politics, with which they ought not to have any concern. The existence of abundant competition arising from the great multiplication of banks, and the precautions which are to be found in the details of the present bill. A third consideration upon which he acted in 1811 was that as the power to create a corporation, such as was pro- posed to be continued, was not specifically granted in the constitution, and did not then appear to him to be necessary to carry into effect any of the powers which were specifically granted, congress was not authorized to continue the bank. The constitution, he said, contained powers delegated, and prohibitory, powers expressed and constructive. It vests in congress all powers necessary to give effect to the enu- merated powers — all that may be necessary to put into mo- tion and activity the machine of government which it con- structs. The powers that may be so necessary are deducible by construction. They are not defined in the constitution. They are from their nature, indefinable. When the question is in relation to one of these powers, the point of inquiry should be, is its exertion necessary to carry into effect any of the enumerated powers and objects of the general govern- ment? — With regard to the degree of necessity, various rules have been, at different times laid down; but, perhaps, at last there is no other than a sound and honest judgment exercised, under the checks and control which belong to the constitution and to the people. The constructive powers being auxiliary to the specifically granted powers, and depending for their sanction and ex- istence upon a necessity to give effect to the latter, which necessity is to be sought for and ascertained by a sound and honest discretion, it is manifest that this necessity ma)- not be perceived, at one time, under one state of things, when it is perceived at another time, under a different state of things. I'he constitution, it is true, never changes; it is always the same; but the force of circumstances and the lights of experience, may evolve to the fallible persons, charged with its administration, the fitness and necessity of a particular exercise of constructive power to-day, which they did net see at a former period. Mr. Clay proceeded to remark, that when the application ON THE BANK QUESTION. 343 was made to renew the old charter of the bank of the United States, such an institution did not appear to him to be so necessary to the fulfillment of any of the objects spe- cifically enumerated in the constitution as to justify congress in assuming, by construction, a power to establish it. It was supported mainly upon the ground that it was indispensable to the treasury operations. But the local institutions in the several states, were at that time in prosperous existence, confided in by the community, having a confidence in each other, and maintaining an intercourse and connexion, the most intimate. Many of them were actually employed by the treasury to aid that department, in a part of its fiscal arrangements; and they appeared to him to be fully capable of affording to it all the facility that it ought to desire in all of them. They superceded in his judgment, the necessity of a national institution. But how stood the case in 1816, when he was called upon again to examine the power of tho^^ general government to incorporate a national bank. A total change of circumstances was presented — Events of the utmost magnitude had intervened. A general suspension of specie payments had taken place, and this had led to a train of consequences of the mos t alarming nature. He beheld, dispersed over the immense "^ extent of the United States, about three hundred banking institutions, enjoying in different degrees the confidence of the public, shaken as to them all, under no direct control of the general government, and subject to no actual responsi- bility to the state authorities. These institutions were emitting the actual currency of the United States; a cur- rency consisting of a paper, on which they neither paid I interest nor principal, whilst it was exchanged for the paper / of the community, on which both were paid. He saw these (^. / institutions in fact exercising what had been considered at j /'^ all times and in all countries, one of the highest attributes I of sovereignty, the regulation of the current medium of the country. They were no longer competent to assist the treasury in either of the great operations of collection, de- posit or distribution of the public revenues. In fact the paper which they emitted, and which the treasury, from the force of events found itself constrained to receive, was constantly obstructing the operations of that department. For it would accumulate where it was not wanted, and could not be used where it was wanted for the purposes of govern- 344 ON THE BANK QUESTION. ment, without a ruinous and arbitrary brokerage. Every man who paid or received from the government, paid or received as much less than he ought to have done as was the difference between the medium in which the payment was effected and specie. Taxes were no longer uniform. In New England, where specie payments have not been sus- pended, the people were called upon to pay larger contribu- tions, than where they were suspended. In Kentucky, as much more was paid by the people in their taxes than was paid, for example, in the state of Ohio, as Kentucky paper was worth more than Ohio paper. It appeared to Mr. Clay that in this condition of things the general government could depend no longer upon these local institutions, multiplied and multiplying daily; coming into existence by the breath of eighteen state sovereignties, some of which by a single act of volition had created twenty ^->or thirty at a time. Even if the resumption of specie pay- ments could have been anticipated, the general government remaining passive, it did not seem to him that the general government ought longer to depend upon these local insti- tutions exclusively for aid in its operations. But he did not believe it could be justly so anticipated. It was not the ^* interest of all of them that the renewal should take place of specie payments, and yet without concert between all or most of them it could not be effected. With regard to those disposed to return to a regular state of things great diffi- culties might arise, as to the time of its commencement. Considering then, that the state of the currency was such that no thinking man could contemplate it without the most serious alarm, that it threatened general distress if it did not ultimately lead to convulsion and subversion of the government, it appeared to him to be the duty of congress to apply a remedy, if a remedy could be devised. A national bank, with other auxiliary measures was proposed as that remedy. Mr. Clay said he determined to examine the question, with as little prejudice as possible arising from his former opinion. He knew that the safest course to him, if he pursued a cold calculating prudence, was to adhere to that opinion, right or wrong. He was perfectly aware that if he changed, or seemed to change it, he should expose himself to some censure. But, looking at the subject with the light shed upon it by events happening since the com- mencement of the war, he could no longer doubt. A bank ON THE BANK QUESTION. 345 appeared to him not only necessary, but Indispensably ne- cessary, in connexion with another measure, to remedy the evils of which all were but too sensible. He preferred to the suggestions of the pride of consistency, the evident interests of the community, and determined to throw himself upon their candor and justice. That which appeared to him in 1811, under the state of things then existing, not to be necessary to the general government, seemed now to be necessary, under the present state of things. Had he then foreseen what now exists, and no objection had laid against the renewal of the charter other than that derived from the constitution, he should have voted for the renewal. Other provisions of the constitution but little noticed, if noticed at all, on the discussions in congress in 1811, would seem to urge that body to exert all its powers to restore to a sound state the money of the country. That instrument confers upon congress the power to coin money and to re- gulate the value of foreign coins; and the states are pro- hibited to coin money, to emit bills of credit, or to make any thing but gold and silver coin a tender in payment of debts. The plain inference is, that the subject of the general currency was intended to be submitted exclusively to the general government. In point of fact however, the regulation of the general currency is in the hands of the state govern- ments, or which is the same thing, of the banks created by them. Their paper has every quality of money, except that of being made a tender, and even this is imparted to it by some states, in the law by which a creditor must receive it, or submit to a ruinous suspension of the payment of his debt. It was incumbent upon congress to recover the con- 1 trol which it had lost, over the general currency. Thei remedy called for, was one of caution and moderation, but of firmness. Whether a remedy directly acting upon the banks and their paper thrown into circulation, was in the power of the general government or not, neither congress nor the community were prepared for the application of such a remedy. An indirect remedy, of a milder character, seemed to be furnished by a national bank. Going into operation, with the powerful aid of the treasury of the United States, he believed it would be highly instrumental in the renewal of specie payments. Coupled with the other measure adopted by congress for that object, he believed the remedy effectual. The local banks must follow the Yy 346 ON THE BANK QUESTION. example which the national bank would set them, of fe- deetning their notes by the payment of specie, or their notes will be discredited and put down. If the constitution then warranted the establishment of a bank, other considerations besides those already mentioned strongly urged it. The want of a general medium is every where felt. Exchange varies continually not only between different parts of the union, but between different parts of the same city. If the paper of a national bank were not redeemed in specie, it would be much better than the cur- rent paper, since although its value in comparison with specie might fluctuate, it would afford an uniform standard. If political power be incidental to banking corporations, there ought perhaps to be in the general government some counterpoise to that which is exerted by the states. Such a counterpoise might not indeed be so necessary, if the states exercised the power to incorporate banks equally, or in proportion to their respective populations. But that is not the case. A single state has a banking capital equivalent or nearly so, to one-fifth of the whole banking capital of the United States. Four states combined have the major part of the banking capital of the United States. In the event of any convulsion, in which the distribution of banking in- stitutions might be important, it may be urged that the mischief would not be alleviated by the creation of a na- tional bank, since its location must be within one of the states. But in this respect the location of the bank is ex- tremely favorable, being in one of the middle states, not likely from its position as well as its loyalty, to concur in any scheme for subverting the government. And a sufficient security against such contingency is to be found in the distribution of branches in different states, acting and re- acting upon the parent institution, and upon each other. r»- J47 ADDRESS To the people of the Congressional District composed of the Counties of Fayette^ Woodford^ and Clarke^ in Kentucky^ 1824. The relations of your representative and of your neigh- bour, in which I have so long stood, and in which I have experienced so many strong proofs of your confidence, at- tachment, and friendship, having just been, the one termi- nated, and the other suspended, I avail myself of the occa- sion on taking, I hope a temporaiy, leave of you, to express my unfeigned gratitude for all your favours, and to assure you that I shall cherish a fond and unceasing recollection of them. The extraordinary circumstances in which, during the late session of congress, I have been placed, and the un- merited animadversions which I have brought upon myself, for an honest and faithful discharge of my public duty, form an additional motive for this appeal to your candour and justice. If, in the office which I have just left, I have abu- sed your confidence and betrayed your interests, I cannot deserve your support in that on the duties of which I have now entered. On the contrary, should it appear that I have been assailed w'thout just cause, and that misguided zeal and interested passions have singled me out as a victim, I cannot doubt that I shall continue to find, in the enlighten- ed tribunal of the public, that cheering countenance and im- partial judgment, without which a public servant cannot possibly discharge with advantage the trust confided to him. It is known to you, that my name had been presented, bv the respectable states of Ohio, Kentucky, Louisiana, and Missouri, for the office of president, to the consideration of the American public, and that it had attracted some atten- tion in other quarters of the union. When, early in Novem- ber last, I took my departure from the district to repair to this city, the issue of the presidential election before the people was unknown. Events, however, had then so far transpired as to render it highly probable that there would be no election by the people, and that i should be excluded from the house of representatives. It became, therefore, my duty to consider, and to make up an opinion on, the respect- 348 ADDRESvS. ive pretensions of the three gentlemen that might be return- ed, and at that early period I stated to Dr. Drake, one of the professors in the Medical school of Transylvania Uni- versity, and to John J. Crittenden, Esq. of P'rankfort, my determination to support Mr. Adams in preference to gen. Jackson. I wrote to Charles Hammond, Esq. of Cincinnati, about the same time, and mentioned certain objections to the election of Mr. Crawford, (among which was that of his continued ill health,j that appeared to me almost insu- perable. During my journey hither, and up to near Christ- mas, it remained uncertain whether Mr. Crawford or I would be returned to the house of representatives. Up to near Christmas, all our information made it highly probable that the vote of Louisiana would be given to me, and that I should consequently be returned, to the exclusion of Mr, Crawford. And, whilst that probability was strong, 1 com- municated to Mr. Senator Johnston, from Louisiana, my resolution not to allow my name, in consequence of the small number of votes by which it would be carried into the house, if I were returned, to constitute an obstacle, for one moment, to an election in the house of representatives. During the month of December, and the greater part of Januai-y, strong professions of high consideration, and of unbounded admiration of me, were made to my friends, in the greatest profusion, by some of the active friends of all the returned candidates. Every body professed to regret, after I was excluded from the house, that I had not been returned to it. I seemed to be the favourite of every body. Describing my situation to a distant friend, I said to him, " I am enjoying, whilst alive, the posthumous honours which are lasually awarded to the venerated dead." A person not acquainted with human nature would have been surprised, in listening to these praises, that the object of them had not been elected by general acclamation. None made more or warmer manifestations of these sentiments of esteem and admiration than some of the friends of general Jackson. None were so reserved as those of Mr. Adams; under an opinion, (as I have learnt since the election,) which they early imbibed, that the western vote would be only influ- enced by its own sense of public duty; and that if its judg- ment pointed to any other than Mr. Adams, nothing which they could do would secure it to him. These professions and manifestations were taken by me for what they were ADDRESS. 349 worth. I knew thai the sunbeams would quickly disappear, after my opinion should be ascertained, and that they would be succeeded by a storm; although I did not foresee exactly how it would burst upon my poor head. I found myself transformed from a candidate before the people, into an elector for the people. I deliberately examined the duties incident to this new attitude, and weighed all the facts be- fore me, upon which my judgment was to be formed or re- viewed. If the eagerness of any of the heated partisans of the respective candidates suggested a tardiness in the de- claration of my intention, I believed that the new relation, in which I was placed to the subject, imposed on me an obligation to pay some respect to delicacy and decorum. Meanwhile that very reserve supplied aliment to news- paper criticism. The critics could not comprehend how a man standing as I had stood toward the other gentlemen, should be restrained, by a sense of propriety, from instantly fighting under the banners of one of them, against the others. Letters were issued from the manufactory at Washington, to come back, after performing long journeys, for Washing- ton consumption. These letters imputed to " Mr. Clay and his friends a mysterious air, a portentous silence," &c. From dark and distant hints the progress was easy to open and bitter denunciation. Anonymous letters, full of menace and abuse, were almost daily poured in on me. Personal threats were communicated to me, through friendly organs, and I was kindly apprised of all the glories of village effigies which awaited me. A systematic attack was simultaneously commenced upon me from Boston to Charleston, with an object, present and future, which it was impossible to mis- take. No man but myself could know the nature, extent, and variety of means which were employed to awe and influence me. I bore them, I trust, as your representative ought to have borne them, and as became me. Then followed the letter, afterwards adopted as his own by Mr. Kremer, to the Columbian Observer — With its character and contents you are well acquainted. When I saw that letter, alleged to be written by a member of the very house over which I was presiding, who was so far designated as to be described as belonging to a particular delegation, by name, a member with whom I might be daily exchanging, at least on my part, friendly salutations, and who was possibly receiving from me constantly acts of courtesy and kindness, I felt that I 350 ADDRESS. could no longer remain silent. A crisis appeared to me to have arisen in my public life. I issued my card. I ought not to have put in it the last paragraph, because, although it does not necessarily imply the resort to a personal combat, it admits of that construction: nor will I conceal, that such a possible issue was within my contemplation. I owe it to the community to say, that whatever heretofore I may have done, or, by inevitable circumstances, might be forced to do, no man in it holds in deeper abhorrence than I do, that per- nicious practice. Condemned as it must be by the judgment and philosophy, to say nothing of the religion, of every thinking man, it is an affair of feeling about which we cannot, although we should, reason. Its true corrective will be found ivheu all shall unite, as all ought to unite, in its unqualified proscription. A few days after the publication of my card, " Another Card," under Mr. Kremer's name, was published in the In- telligencer. The night before, as I was voluntarily informed, Mr. Eaton, a senator from Tennessee, and the biographer of general Jackson (who boarded in the end of this city oppo- site to that in which Mr. Kremer took up his abode, a dis- tance of about two miles and a half) was closeted for some time with him. Mr. Kremer is entitled to great credit for having overcome all the disadvantages, incident to his early life and want of education, and forced his way to the hono- rable station of a member of the house of representatives. Ardent in his attachment to the cause which he had espous- ed, general Jackson is his idol, and of his blind zeal others have availed themselves, and have made him their dupe and their instrument. I do not pi-etend to know the object of Mr. Eaton's visit to him. I state the fact, as it was commu- nicated to me, and leave you to judge. Mr. Kremer's card is composed with some care and no little art, and he is made to avow in it, though somewhat equivocally, that he is the author of the letter to the Columbian Observer. To Mr. Crowninshield, a member from Massachusetts, formerly se- cretary of the navy, he declared that he was not the author of that letter. In his card, he draws a clear line of separa- tion between my friends and me, acquitting them and un- dertaking to make good his charges, in that letter, only so far as I was concerned. The purpose of this discrimination is obvious. At that time the election was undecided, and it was therefore as important to abstain from imputations ADDRESS. 351 against my friends as it was politic to fix them upon me. If they could be made to believe that I had been perfidious, in the transport of their indignation, they might have been car- ried to the support of general Jackson. I received the Nation- al Intelligencer, containing Mr. Kremer's card, at breakfast, (the usual time of its distribution,) on the morning of its publication. As soon as I read the card, I took my resolu- tion. The terms of it clearly implied that it had not entered into his conception to have a personal affair with me; and I should have justly exposed myself to universal ridicule, if I had sought one with him. I determined to lay the matter before the house, and respectfully to invite an investigation of my conduct. I accordingly made a communication to the house, on the same day, the motives for which I assigned. Mr. Kremer was in his place, and, when I sat down, rose and stated that he was prepared and willing to substantiate his charges against me., This v/as his voluntary declaration, unprompted by his aiders and abettors, who had no opportu- nity of previous consultation with him on that point. Here was an issue publicly and solemnly joined, in which the ac- cused invoked an inquiry into serious charges against him, and the accuser professed an ability and a willingness to es- tablish them. A debate ensued, on the next day, which oc- cupied the greater part of it, during which Mr. Kremer de- clared to Mr. Brent, of Louisiana, a friend of mine, and to Mr. Little, of Maryland, a friend of general Jackson, as they have certified, " that he never intended to charge Mr. Clay with corruption or dishonor, in his intended vote for Mr. Adams, as president, or that he had transferred, or could transfer, the votes or interests of his friends; that he (Mr. Kremer,j was among the last men in the nation to make such a charge against Mr. Clay; and that his letter was never intended to convey the idea given to it." Mr. Digges, a highly respectable inhabitant of this city, has certified to the same declarations of Mr. Kremer. A message was also conveyed to me, during the discus- sions, through a member of the house, to ascertain if I would be satisfied with an explanation which was put on paper and shown me, and which it was stated Mr. Kremer was wil- ling, in his place, to make. I replied that the matter was in the possession of the house. I was afterwards told, that Mr. Ingham, of Pennsylvania, got hold of that paper, put it in his pocket, and that he advised Mr. Kremer to take no 352 ADDRESS. step without the approbation of his friends. Mr, Cook, of Illinois, moved an adjournment of the house, on information which he received of the probability of Mr. Kremer's mak- ing a satisfactory atonement on the next day, for the injury which he had done me, which I have no doubt he would have made, if he had been left to the impulses of his native honesty. The house decided to refer my communication to a committee, and adjourned until the next day to appoint it by ballot. In the meantime Mr. Kremer had taken, I pre- sume, or rather there had been forced upon him, the advice of his friendu ^ and I heard no more of the apology. A com- mittee was appointed of seven gentlemen, of whom not one was my political friend, but who were among the most emi- nent members of the body. I received no summons or noti- fication from the committee from its first organization to its final dissolution, but Mr. Kremer was called upon by it to bring forward his proofs. For one moment be pleased to stop here and contemplate his posture, his relation to the house and to me, and the high obligations under which he had voluntarily placed himself. He was a member of one of the most august assemblies upon earth, of which he was bound to defend the purity or expose the corruption, by every consideration which ought to influence a patriot bosom. A most responsible and highly important constitutional duty, was to be peformed by that assembly. He had chosen in an anonymous letter, to bring against its presiding officer charges, in respect to that duty, of the most flagitious cha- racter. These charges comprehended delegations from seve- ral highly respectable states. If true, that presiding officer merited not merely to be dragged from the chair, but to be expelled the house. He challenges an investigation into his conduct, and Mr. Kremer boldly accepts the challenge, and promises to sustain his accusation. The committee, appoint- ed by the house itself, with the common consent of both parties, calls upon Mr. Kremer to execute his pledge pub- licly given, in his proper place, and also, previously given in the public prints. — Here is the theatre of the alleged ar- rangements; this the vicinage in which the trial ought to take place. Every thing was here fresh in the recollection of the witnesses, if there were any. Here all the proofs were concentrated. Mr. Kremer was stimulated by every motive which could impel to action; by his consistency of character; by duty to his constituents — to his country; by that of re- ADDRESS. 353 deeming his solemn pledge; by his anxious wish for the suc- cess of his favourite, whose interests could not fail to be advanced by supporting his atrocious charges. But Mr. Kremer had now the benefit of the advice of his friends. He had no proofs, for the plainest of all reasons, because there was no truth in his charges. — They saw that to at- tempt to establish them and to fail, as he must fail in the attempt, might lead to an exposure of the conspiracy, of what he was the organ. They advised therefore that he should make a retreat, and their adroitness suggested, that in an objection to that jurisdiction of the house, which had been admitted, and in the popular topics of the freedom of the press, his duty to his constituents, and the inequality in the condition of the speaker of the house, and a member on the floor, plausible means might be found to deceive the ig- norant and conceal his disgrace. A laboured communication was accordingly prepared by them, in Mr. Kremer's name, and transmitted to the committee, founded upon these sug- gestions. Thus the valiant champion, who had boldly step- ped forward, and promised, as a representative of Me peo- ple, to " cry aloud and spare not," forgot all his gratuitous gallantry and boasted patriotism, and sunk at once into pro- found silence. With these remarks, I will, for the present, leave him, and proceed to assign the reasons to you, to whom alone I admit myself to be officially responsible, for the vote which 1 gave on the presidential election. The first inquiry which it behoved me to make was, as to the influence which ought to be exerted on my judgment, by the relative state of the electoral votes which the three returned candidates brought into the house, from the colleges. General Jackson obtained ninety-nine, Mr. Adams eighty-four, and Mr. Crawford forty-one. Ought the fact of a plurality being given to one of the candidates to have any, and what, weight? If the con- stitution had intended that it should have been decisive, the constitution would have made it decisive, and interdicted the exercise of any discretion on the part of the house of re- presentatives. The constitution has not so ordained, but, on the contrary, it has provided, that " from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose^ immediately, by ballot, a president." Thus, a discretion is necessarily invested in the house — for choice Zz 354 ADDRESS. implies examination, comparison, judgment. The fact, there- fore, that one of the three persons was the highest returned, not being, by the constitution of the country, conclusive upon the judgment of the house, it still remains to deter- mine what is the true degree of weight belonging to it? It has been contended that it should operate, if not as an instruc- tion, at least in the nature of one, and that in this form it should control the judgment of the house. But this is the same argument of conclusiveness, which the constitution does not enjoin, thrown into a different, but more imposing shape. Let me analyze it. There are certain states, the ag- gregate of whose electoral votes conferred upon the highest returned candidate, indicates their wish that he should be the president. Their votes amount in number to ninety-nine, out of two hundred and sixty-one electoral votes of the whole Union. These ninety-nine do not, and cannot, of themselves, make the president. If the fact of particular states giving ninety-nine votes can, according to any received notions of the doctrine of instruction, be regarded in that light, to whom are those instructions to be considered ad- dresssed? According to that doctrine, the people, who ap- point, have the right to direct, by their instruction, in certain cases, the course of the representative whom they appoint. The states, therefore, who gave those ninety-nine votes, may in some sense be understood thereby to have instructed their representatives in the house to vote for the person on whom they were bestowed, in the choice of a president. But most clearly the representatives coming from other states, which gave no part of those ninety-nine votes, cannot be consider- ed as having been under any obligation to surrender their judgments to those of the states which gave the ninety-nine votes. To contend that they are under such an obligation would be to maintain that the people of one state have a right to instruct the representatives from another state. It would be to maintain a still more absurd proposition, that, in a case v.'here the representatives from a state did not hold themselves instructed and bound by the will of that state, as indicated in its electoral college, the representatives from another state were, nevertheless, instructed and bound by that alien will. Thus the entire vote of North Carolina, and a large majority of that of Maryland, in their respective electoral colleges, were given to one of the three returned candidates, for whom the delegation from neither of those ADDRESS. 355 states voted.— -And yet the argument combatled requires that the delegation from Kentucky, who do not represent the people of North Carolina nor Maryland, should be instruct- ed by, and give an effect to, the indicated will of the people of those two states, when their own delegation paid no at- tention to it. — Doubtless, those delegations felt themselves authorised to look into the actual composition of, and all other circumstances connected with, the majorities which gave the electoral votes, in their respective states; and felt themselves justified, from a view of the whole ground, to act upon their responsibility and according to their best judgments, disregarding the electoral votes in their states. And are representatives from a different state not only bound by the will of the people of a different commonwealth, but forbidden to examine into the manner by which the ex- pression of that will was brought about — an examination which the immediate representatives themselves feel it their duty to make? Is the fact, then, of a plurality to have no weight? Far from it. Here are twenty-four communities, united under a common government. The expression of the will of any one of them is entitled to the most respectful attention. It ought to be patiently heard and kindly regarded by the others; but it cannot be admitted to be conclusive upon them. The ex- pression of the will of nineiy-nine out of two hundred and sixty-one electors is entitled to very great attention, but that will cannot be considered as entitled to control the will of the one hundred and sixty-two electors, who have manifested a different will. To give it such controlling influence, would be a subversion of the fundamental maxim of the republic — that the majority should govern. The will of the ninety-nine can neither be allowed rightfully to control the remaining one hundred and sixty-two, nor any one of the one hundred and sixty-two electoral votes. It m.ay be an argument, a per- suasion, addressed to all, and to each of them, but it is bind- ing and obligatory upon none. It follows, then, that the fact of a plurality was only one among the various considerations which the house was called upon to weigh, in making up its judgment. And the weight of the consideration ought to have been regulated by the extent of the plurality. As be- tween general Jackson and Mr. Adams, the vote standing in the proportions of ninety-nine to eighty-four, it was en- titled to less weight; as between the general and Mr. Craw- 356 ADDRESS. ford it was entitled to more, the vote being as ninety-nine to forty-one. The concession may even be made that, upon the supposition of an equality of pretensions between com- peting candidates, the preponderance ought to be given to the fact of a plurality. With these views of the relative state of the vote, with which the three returned candidates entered the house, I proceeded to examine the other considerations which be- longed to the question. For Mr. Crawford, who barely entered the house, with only four votes more than one can- didate not returned, and upon whose case, therefore, the argument derived from the fact of plurality, operated with strong, though not decisive force, I have ever felt much personal regard. But I was called upon to perform a solemn public duty, in which my private feelings, whether of affec- tion or aversion, were not to be indulged, but the good of my country only consulted. It appeared to me that the pre- carious state of that gentleman's health, although I partici- pated with his best friends, in all their regrets and sympa- thies, on account of it, was conclusive against him, to say nothing of other considerations of a public nature which would have deserved examination, if, happily, in that respect he had been differently circumstanced. He had been ill near eightet-n months; and although I am aware that his actual condition was a fact depending upon evidence, and that the evidence in regard to it, which had been presented to the public, was not perfectly harmonious; I judged for myself upon what I saw and heard. He may, and I ardently hope will, recover; but I did not think it became me to assist in committing the executive administration of this great re- public on the doubtful contingency of the restoration to health of a gentleman who had been so long and so seriously afflicted. Moreover, if, under all the circumstances of his situation, his election had been desirable, I did not think it practicable. I believed and yet believe, that if the votes of the western states, given to Mr. Adams, had been conferred on Mr. Crawford, the effect would have been to protract in the house the decision of the contest, to the great agitation and distraction of the country, and possibly to defeat an election altogether — the very worst result I thought, that could happen. It appeared to me then, that sooner or later we must arrive at the only practical issue of the contest before us, and that was between Mr. Adams and general Jackson, ADDRESS. 357 and I thought that the earlier we got there, the better for the country and for the house. In considering this only alternative, I was not unaware of your strong desire to have a western president; but 1 thought that I knew enough of your patriotism, and magnanimity, displayed on so many occasions, to believe that you could rise above the mere gratification of sectional pride, if the common good of the whole required you to make the sacri- fice of local partiality. I solemnly believed it did, and this brings me to the most important consideration which be- longed to the whole subject — that arising out of the respect- ive fitness of the only two real competitors, as it appeared to my best judgment. In speaking of general Jackson, I am aware of the delicacy and respect which are justly due to that distinguished citizen. It is far from my purpose to at- tempt to disparage him. I could not do it if I were capable of making the attempt; but I shall nevertheless speak of him as becomes me, with truth. I did not believe him so com- petent to discharge the various, intricate, and complex duties of the office of chief magistrate, as his competitor. He has displayed great skill and bravery as a military com- mander, and his renown will endure as long as the means exist of preserving a recollection of human transactions. But to be qualified to discharge the duties of president of the United States, the incumbent must have more than mere military attainments — he must be a statesman. An indi- vidual may be a gallant and successful general, an eminent lawyer, an eloquent divine, a learned physician, or an ac- complished artist; and doubtless the union of all these cha- racters in the person of a chief magistrate would be de'sira- rable; but no one of them, nor all combined, will qualify him to be president, unless he superadds that indispensable re- quisite of being a statesman. Far from meaning to say, that it is an objection to the elevation, to the chief magistracy, of any person, that he is a military commander, if he unites the other qualifications, I only intend to say that, whatever may be the success or splendour of his military achievements, if his qualification be only military, that is an objection; and I think a decisive objection to his election. If general Jackson has exhibited, either in the councils of the Union, or in those of his own state, or in those of any other state or territory, the qualities of a statesman, the evidence of the fact has es- caped my observation. It would be as painful as it is unne- 358 ADDRESS. cessary to recapitulate some of the incidents, which must be fresh in your recollection, of his public life. But I was greatly deceived in my judgment if they proved him to be endowed with that prudence, temper, and discretion, which are necessary for civil administration. It was in vain to remind me of the illustrious example of Washington. There was in that extraordinary person, united a serenity of mind, a cool and collected wisdom, a cautious and deliberate judgment, a perfect command of the passions, and through- out his whole life, a familiarity and acquaintance with bu- siness and civil transactions, which rarely characterise any human being. No man was ever more deeply penetrated than he was, with profound respect for the safe and neces- sary principle of the entire subordination of the military to the civil authority. I hope I do no injustice to general Jackson, when I say, that I could not recognise, in his pub- lic conduct, those attainments for both civil government and military command, v/hich cotemporaries and posterity have alike unanimously concurred in awarding as yet only to the father of his country. I was sensible of the gratitude which the people of this country justly feel towards general Jackson for his brilliant military services. But the impulses of public gratitude should be controlled, as it appeared to me, by rea- son and discretion, and I was not prepared blindly to sur- render myself to the hazardous indulgence of a feeling, however amiable and excellent that feeling may be when properly directed. It did not seem to me to be wise or pru- dent, if, as I solemnly believed, general Jackson's compe- tency for the office was hichly questionable, that he should be placed in a situation where neither his fame nor the public interests would be advanced. General Jackson him- self would be the last man to recommend or vote for any one for a place, for which he thought him unfit. I felt myself sustained by his own reasoning, in his letter to Mr. Monroe, in which, speaking of the qualifications of our ve- nerable Shelby for the department of war, he remarked: " I am compelled to say to you, that the acquirements of this worthy man are not competent to the discharge of the multiplied duties of this department. I therefore hope he may not accept the appointment. I am fearful, if he does, he will not add much splendour to his present well earned standing as a public character." Such was my opinion of general Jackson, in reference to the presidency. His con- ADDRESS. 359 victions of governor Shelby's unfitness, by the habits of his life, for the appointment of secretary of war, were not more honest nor stronger than mine were of his own want of ex- perience, and the necessary civil qualifications to discharge the duties of a president of the United States. In his ele- vation to this office, too, I thought I perceived the esta- blishment of a fearful precedent; and I am mistaken in all the warnings of instructive history, if I erred in my judg- ment. Undoubtedly there are other and many dangers to public liberty, besides that which proceeds from military idolatry, but I have yet to acquire the knowledge of it, if there be one more perilous or more frequent. Whether Mr. Adams would, or would not have been my choice of a president, if I had been left freely to select from the whole mass of Aioerican citizens, was not the question submitted to my decision. I had no such liberty; but I was circumscribed, in the selection I had to make, to one of the three gentlemen, whom the people themselves had thought proper to present to the house of representatives. What- ever objections might be supposed to exist against him, still greater appeared to me to apply to his competitor. Of Mr. Adams, it is but truth and justice to say, that he is highly gifted, profoundly learned, and long and greatly experienc- ed in public affairs, at home and abroad. Intimately con- versant with the rise and progress of every negotiation with foreign powers, pending or concluded; personally acquainted with the capacity and attainments of most of the public men of this country whom it might be proper to employ in the public service; extensively possessed of much of that valua- ble kind of information, which is to be acquired neither from books nor tradition, but which is the fruit of largely participating in public affairs; discreet and sagacious; he would enter on the duties of the office with great advantages. I saw in his election the establishment of no dangerous ex- ample. I saw in it on the contrary, only conformity to the safe precedents which had been established in the instances of Mr. Jefferson, Mr. Madison, and Mr. Monroe, who had respectively filled the same office, from which he was to be translated. A collateral consideration of much weight was derived from the wishes of the Ohio delegation. A majority of it, during the progress of the session, made up their opinions to support Mr. Adams, and they were communicated to 360 ADDRESS. me. They said, *' Ohio supported the candidate who was the choice of Kentucky. We failed in our common exer- tions to secure his election. Now, among those returned, we have a decided preference, and we think you ought to make some sacrifice to gratify us." Was not much due to our neighbour and friend? I considered, with the greatest respect, the resolution of the general assembly of Kentucky, requesting the delega- tion to vote for general Jackson. That resolution, it is true, placed us in a peculiar situation. Whilst every other dele- gation, from every other state in the union, was left by its legislature entirely free to examine the pretensions of all the candidates, and to form its unbiassed judgment, the general assembly of Kentucky thought proper to interpose and request the delegation to give its vote to one of the candidates, whom they were pleased to designate. I felt a sincere desire to comply with a request emanating from a source so respectable, if I could have done so consistently with those paramount duties which I owed to you and to the country. But, after full, and anxious consideration, I found it incompatible with my best judgment of those du- ties to conform to the request of the general assembly. The resolution asserts, that it was the wish of the people of Kentucky, that their delegation should vote for the general. It did not inform me by what means that body had arrived at a knowledge of the wish of the people. I knew that its members had repaired to Frankfort before I departed from home to come to Washington. I knew that their intention was fixed on important local concerns, well entitled, by their magnitude, exclusively to engross it. No election, no ge- neral expression of the popular sentiment had occurred since that in November, when electors were chosen, and at that the people, by an overwhelming majority, had decided against general Jackson. I could not see how such an expression against him, could be interpreted into that of a desire for his election. If, as is true, the candidate whom they pre- ferred, was not returned to the house, it is equally true, that the state of the contest as it presented itself here to me, had never been considered, discussed, and decided by the people of Kentucky, in their collective capacity. What would have been their decision on this new state of the question, I might have undertaken to conjecture, but the certainty of any conclusion of fact, as to their opinion, at ADDRESS. 361 which I could arrive, was by no means equal to that cer- tainty of conviction of my duty to which I was carried by the txc-rtion of my best and most deliberate reflections. ! he letters from home, which some of the delegation received, expressed the most opposite opinions, and there were not wanting instances of letters from some of the verv mem- bers who had voted for the resolution, advising a different course. I received from a highly respectable portion of my constituents a paper, instructing me as follows: "We the undersigned voters in the congressional district, having viewed the instruction or request of ihe legislature of Ken- tucky, on the subject of choosing a president and vice- president of the United States, with regret, and the said request or instruction to our representative in congress from this district, being without our knowledge or consent; Wc for many reasons known to ourselves, connected with so momentous an occasion, hereby instruct our representa- tive in congress to vote on this occasion agreeably to his own judgment, and by the best lights he may have on the subject, with, or without, the consent of the legislature of Kentucky." This instruction came both unexpectedly and unsolicited by roe, and it was accompanied by letters as- suring me, that it expressed the opinion of a majority of my constituents. I could not therefore regard the resolution as conclusive evidence of your wishes. Viewed as a mere request, as it purported to be, the general assembly doubtless had the power to make it. But, then, with great deference, I think it was worthy of serious consideration whether the dignity of the general assembly ought not to have induced it to forbear addressing itself not to another legislative body, but to a small part of it, and requesting the members who composed that part, in a case which the constitution had confided to them, to vote ac- cording to the wishes of the general assembly, whether those wishes did or did not conform to their sense of duty. I could not regard the resolution as an instruction; for, from the origin of our state, its legislature has never assumed nor exercised the right to instruct the representatives in congress. I did not recognize the right, therefore, of the legislature to instruct me. I recognized that right only when exerted by you. That the portion of the public servants who made up the general assembly have no right to instruct that portion of them who constituted the Kentucky delegation in 3 A 362 ADDRESS. the house of representatives, is a proposition too clear to be argued. The members of the general assembly would have been the first to behold as a presumptuous interposition, any instruction, if the Kentucky delegation could have commit- ted the absurdity to issue, from this place, any instruction to them to vote in a particular manner on any of the interest- ing subjects which lately engaged their attention at Frank- fort. And although nothing is further from my intention than to impute either absurdity or presumption to the gene- ral assembly, the adoption of the resolution referred to, I must say that the difference between an instruction emana- ting from them to the delegation, and from the delegation to them, is not in principle, but is to be found only in the degree of superior importance which belongs to the general assembly. Entertaining these views of the election on which it was made my duty to vote, I felt myself bound, in the exercise of my best judgment, to prefer Mr. Adams; and I accord- ingly voted for him. I should have been highly gratified if it had not been my duty to vote on the occasion: but that was not my situation, and I did not choose to shrink from any responsibility which appertained to your representative. Shortly after the election, it was rumored that Mr. Kremer was preparing a publication, and the preparations for it which were making excited much expectation. Accordingly, on the twenty-sixth of February, the address, under his name, to the " Electors of the Ninth Congressional District of the State of Pennsylvania," made its appearance in the Wash- ington City Gazette. No member of the house, I am per- suaded, believed that Mr. Kremer wrote one paragraph of that address, or of the plea, which was presented to the committee, to the jurisdiction of the house. Those who counselled him, and composed both papers, and their pur- poses, were just as well known as the author of any report from a committee to the house. The first observation which is called for by the address is the place of its publication. That place was in this city, remote from the centre of Penn- sylvania, near which Mr. Kremer's district is situated, and in a paper having but a very limited, if any, circulation in it. The time is also remarkable. The fact that the president intended to nominate me to the senate for the office which I now hold, in the course of a few days, was then well known, and the publication of the address was, no doubt, made less ADDRESS. 363 with an intention to communicate information to the electors of the ninth congressional district of Pennsylvania, than to affect the decision of the senate on the intended nomination. Of the character and contents of that address of Messrs. George Kremer & Co. made up, as it is, of assertion with- out proof, of inferences without premises, and of careless, jocose, and quizzing conversations of some of my friends, to which I was no party, and of which I had never heard, it is not my intention to say much. It carried its own re- futation, and the parties concerned saw its abortive nature the next day in the indignant countenance of every unpre- judiced and honorable member. In his card, Mr. Kremer had been made to say, that he held himself ready " to prove^ to the satisfaction of unprejudiced minds, enough to satisfy them of the accuracy of the statements which are contained in that letter, to the extent that they concern the course of conduct of H. Clay.'''' The object for excluding my friends from this pledge has been noticed. But now the election was decided, and there no longer existed a motive for dis- criminating between them and me. Hence the only state- ments that are made, in the address, having the semblance of proof, relate rather to them than to me; and the design was, by establishing something like facts upon them, to make those facts re-act upon me. Of the few topics of the address upon which I shall re- mark, the first is, the accusation, brought forward against me, of violating instructions. If the accusation were true, who was the party offended, and to whom was I amenable? If I violated any instructions, they must have been yours, since you only had the right to give them, and to you alone was I responsible. Without allowing hardly time for you to hear of my vote, without waiting to know what your judg- ment was of my conduct, George Kremer & Co. chose to arraign me before the American public as the vialator of instructions which I was bound to obey. If, instead of be- ing, as you are, and I hope always will be, vigilant observers of the conduct of your public agents, jealous of your rights, and competent to protect and defend them, you had been ignorant and culpably confiding, the gratuitous interposition, as your advocate, of the honorable George Kremer, of the ninth congressional district in Pennsylvania, would have merited your most grateful acknowledgments. Even upon that supposition, his arraignment of me would have required 364 ADDRESS. for its support one small circumstance, which happens not to exist, and that is, the fact of your having actually in- structt:d me to vott- according to his pleasure. The relations in which I stood to Mr. Adams constitute the next theme of the address, which I shall notice. I am described as having assumed "a position of peculiar and de- cided hostility to the election of Mr. Adams," and expres- sions towards him are attributed to me, which I never used. I am made also responsible for " pamphlets and essays of great ability," published by my friends in Kentucky in the course of the canvass. The injustice of the principle of hold- ing me thus answerable, may be tested by applying it to the case of general Jackson, in reference to publications issued, for example, from the Columbian Observer. That I was not in favor of the election of Mr. Adams, when the contest was before the people, is most certain. Neither was I in favor of that of Mr, Crawford or general Jackson. That I ever did anv thing against Mr. Adams, or either of the other gentlemen, inconsistent with a fair and honorable competi- tion, I utterly deny. My relations to Mr. Adams have been the subject of much misconception, if not misrepresentation. I have been slated to be under a public pledge to expose some nefarious conduct of that gentleman, during the nego- ciation at Ghent, which would prove him to be entirely un- worthy of public confidence; and that with a knowledge of his perfidy, I, nevertheless, voted for him. If these impu- tations are well founded, I should, indeed, be a fit object for public censure; but if, on the contrary, it shall be found that others, inimical both to him and to me, have substi- tuted their own interested wishes for my public promises, I trust that the indignation, which they would excite, will be turned from me. My letter, addressed to the editors of the Intelligencer, under date of the fifteenth of November, 1822, is made the occasion for ascribing to me the promise and the pledge to make those treasonable disclosures on Mr. Adams. Let that letter speak for itself, and it will be seen how little justification there is for such an assertion. It ad- A^erts to the controversy which had arisen between Messrs. Adams and Russell, and then proceeds to state that, "• in the course of the several publications, of which it has been the occasion, and, particularly in the appendix to a pamphlet which had been recently published by the honorable John Quincy Adams, I think there are some errors (no doubt ADDRESS. 365 unintentionat) both as to matters of fact and matters of opi- nion, in regard to the transactions at Ghent, relating to the navigation of thr; Mississippi, and certain liberties claimed by the United States in the fisheries, and to the part xvhich I bore in those transactions. These important interests are now well secured," — "'An account, therefore, of what oc- curred in the negociation at Ghent, on those two subjects, is not, perhaps, necessary to the present or future security of any of the rights of the nation, and is only interesting as appertaining to its past history. With these impressions, and being extremely unwilling to present myself, at any time, before the public, I had almost resolved to remain silent, and thus expose myself to the inference of an acqui- escence in the correctness of all the statements made by both my colleagues; but [ have, on more reflection, thought it may be expected of me, and be considered as a duty on my part, to contribute all in my power towards a full and faithful understanding of the transactions referred to. Un- der this conviction, I will, at some future period, more propitious than the present to calm and dispassionate con- sideration, and when there can be no misinterpretation of motives, lay before the public a narrative of those transac- tions, as I understood them." From even a careless perusal of that letter, it is apparent, that the only txvo subjects of the negociations at Ghent, to which it refers, were the navigation of the Mississippi and certain fishing liberties; that the errors, which I had sup- posed were committed, applied to both Mr. Russell and Mr. Adams, though more particularly to the appendix of the latter; that they were unintentional; that they affected my- self principally; that I deemed them of no public impor- tance, as connected with the then, or future, security of any of the rights of the nation, but only interesting to its past history; that I doubted the necessity of my offering to the public any account of those transactions; and that the nar- rative which I promised was to be presented at a season of more calm, and when there could be no misinterpretation of motives. Although Mr. Adams believes otherwise, I yet think there are some unintentional errors, in the con- troversial papers between him and Mr. Russel, But I have reserved to myself an exclusive right of judging when I shall execute the promise v/hich I have made, and i shall be neither quickened nor retarded in its performance, by the friendly anxieties of any of my opponents. 366 ADDRESS. If injury accrue to any one by the delay in publishing the narrative, the public will not suffer by it. It is already known by the publication of the British and American pro- jets, the protocols, and the correspondence between the respective plenipotentiaries, that the British government made at Ghent a demand of the navigation of the Missis- sippi, by an article in their projet nearly in the same words as those which were employed in the treaty of 1783; that a majority of the American commissioners was in favor of acceding to that demand, upon the condition that the Bri- tish government would concede to us the same fishing li- berties, within their jurisdiction, as were secured to us by the same treaty of 178J; and that both demands were final- ly abandoned. The fact of these mutual propositions was communicated by me to the American public in a speech which 1 delivered in the house of representatives, on the twenty-ninth day of January, 1816. Mr. Hopkinson had arraigned the terms of the treaty of peace, and charged upon the war and the administration, the loss of the fishing liberties, within the British jurisdiction, which we enjoyed prior to the war. In vindicating, in my reply to him. the course of the government and the conditions of the peace, I stated:— " When the British commissioners demanded, in their projet, a renewal to Great Britain of the right to the navi- gation of the Mississippi, secured by the treaty of 1783, a bare majority of the American commissioners offered to renew it, upon the condition that the liberties in question were renewed to us. He was not one of that majority. He would not trouble the committee with his reasons for being opposed to the offer. A majority of his colleagues, actuated he believed by the best motives^ made, however, the offer, and it was refused by the British commissioners," \^See Daily National Intelligencer^ of the twe)ity-Jirst of March^ 1816.] And what I thought of my colleagues of the ma- jority, appears froni the same extract. The spring after the termination of the negociations at Ghent, 1 went to London, and there entered upon a new and highly irnpoitant nego- ciation with two of them, (Messrs. Adams and Gallatin,) which resulted, on the third day of July, 1815, in the Com- mercial Convention, which has been since made the basis of most of our comniercial arrangements with foreign powers. Now, if I had discovered at Ghent, as has been asserted, ADDRESS. 367 that either of them was false and faithless to his country, would I have voluntarily commenced with them another negociation? Further: there never has been a period, dur- ing our whole acquaintance, that Mr. Adams and I have not exchanged when we have met, friendly salutations, and the courtesies and hospitalities of social intercourse. The address proceeds to characterize the support which I gave to Mr. Adams as uniiatural. The authors of the address have not stated why it is unnatural, and we are therefore left to conjecture their meaning. Is it because Mr. Adams is from New England, and I am a citizen of the west? If it be unnatural in the western states to support a citizen of New England, it must be equally unnatural in the New England states to support a citizen of the west. — And, on the same principle, the New England states ought to be restrained from concurring in the election of a citizen in the southern states, or the souther: states from co-ope- rating in the election of a citizen of New England. And, consequently, the support which the last three presidents have derived from New England, and that which the vice- president recently received, has been most unnaturally given. The tendency of such reasoning would be to denationalize us, and to contract every part of the union, within the nar- row selfish limits of its own section. It would be still worse; it would lead to the destruction of the union itself. For if it be unnatural in one section to support a citizen in another, the union itself must be unnatural; all our ties, all our glo- ries, all that is animating in the past, all that is bright and cheering in the future, must be unnatural. Happil) , such is the admirable texture of our union, that the interests of all its parts are closely interwoven. If there are strong points of affinity between the south and the west, there are interests of not less, if not greater, strength and vigor, bind- ing the west and the north, and the east. Before I close this address, it is my duty, which I pro- ceed to perform with great regret, on account of the occa- sion which calls for it, to invite your attention to a letter addressed by general Jackson to Mr. Swartwout, on the twenty-third day of February last. The names of both the general and myself had been before the American public, for its highest office. We had both been unsuccessful, i he unfortunate have usually some sympathy tor e.sch other. For myself, I claim no merit for the cheerful acquiescence 368 ADDRESS. which I have given in a result by which I was excluded from the house. I have believed that the decision by the constituted authorities, in favor of others, has been founded upon a conviction of the superiority of their pretensions. It has been my habit, when an election is once decidf^d, to forget, as soon as possible, all the irritating circumstances which attended the preceding canvass. If one be successful, he should be content with his success. If he have lost it, railing will do no good. I never gave general Jackson nor his friends, any reason to believe that I would, in any con- tingency, support him. He had, as I thought, no public claim, and I will now add, no personal claims, if these ought to be ever considered, to my support. No one, therefore, ought to have been disappointed or chagrined that I did not vote for him. No more than I was, neither surprised nor disappointed, that he did not on a more recent occasion, feel it to he his duty to vote for me. After commenting upon a particular phrase used in my letter to judge Brooke, a calm reconsideration of which will, I think, satisfy any person that it was not employed in an offensive sense, if indeed it have an offensive sense, the general, in his letter to Mr. Swartwout, proceeds to remark: **• No one beheld me seeking through art or management, to entice any re- presentative in congress from a conscientious responsibility to his own, or the wishes of his constituents. No midnight taper burnt by me; no secret conclaves were held, nor cabals entered into to persuade any one to a violation of pledges given, or of instructions received. By me no plans were concerted to impair the pure principles of our republican institutions, nor to prostrate that fundamental maxim which maintains the supremacy of the people's will. On the con- trary, having never in any mannner before the people, or congress, interfered in the slightest degree with the ques- tion, my conscience stands void of offence, and will go qui- etly with me, regardless of the insinuations of those who, through management, may seek an influence not sanctioned by integrity and merit." I am not aware that this defence of himself was rendered necessary by any charges brought forward against the general. Certainly I never made any such charges against him. I will not suppose that in the passages cited, he intended to impute to me the misconduct which he describes, and yet taking the whole context of his letter together, and coupling it with Mr. Kremer's address, ADDRESS. 369 it cannot be disguised that others may suppose he intended to refer to me. I am quite sure that if he did, he could not have formed those unfavorable opinions of me upon any personal observation of my conduct made by himself; tor a supposition that they were founded upon his own know- ledge, would imply that my lodgings and my person, had been subjected to a system of espionage wholly incompati- ble with the open, manly, and honorable conduct of a gallant soldier. If he designed any insinuations against me, I must believe that he made them upon the information of others, of whom 1 can only say, that they have deceived his cre- dulity, and are entirely unworthy of all credit. I entered into no cabals; I held no secret conclaves; I enticed no man to violate pledges given or instructions received. — The members from Ohio and from the other western states, with whom I voted, were all of them as competent as I was to form an opinion on the pending election. The M'Arthurs and the Metcalfes and the other gentlemen from the west, (some of whom nave, if I have not, bravely " made an effort to repel an invading foe") are as incapable of dishonor as any men breathing — as disinterested, as unambitious, as exclu- sively devoted to the best interests of their country. It was quite as likely that I should be influenced by them, as that I could control their votes. Our object was not to impair, but to preserve from all danger, the purity of our republi- can institutions. And how I prostrated the maxim which maintains the supremacy of the people's will, I am entirely at a loss to comprehend. The illusions of the general's imagination deceive him. The people of the United States had never decided the election in his favor. If the people had wiUed his election, he would ha^e been elected. It was beause they had not willed his election, nor thai of any other candidate, that the duty of making a choice devolved on the house of representatives. The general remarks: " Mr. Clay has never yet risked himself for his country. He has never sacrificed his repose, nor made an effort to repel an invading foe; of course his conscience assured him it was altogether wrong in any other man to lead his countrymen to battle and victory." The logic of this conclusion is not very striking. General Jackson fights better than he reasons. When have I failed to con- cur in awarding appropriate honors to those who on the sea or on the land have sustained the glory of our arms, if I 3B 370 ADDRESS. could not always approve of the acts of some of them? It is true, thf)t it has been my misfortune never to have re- pelled an invading foe, nor to have led my countrymen to victory. If I had I should have left to others to proclaim and appreciate the deed. The general's destiny and mine have led us in different directions. In the civil employments of my country, to which I have been confined, I regret that the little service which I have been able to render it, falls far short of my wishes. But, why this denunciation of those who have not repelled an invading foe, or led our armies to victory? At the very moment when he is inveighing against an objection to the election to the presidency,^ found- ed upon the exclusive military nature of his merits, does he not perceive that he is establishing its validity by pro- scribing every man who has not successfully fought the public enemy? And that, by such a general proscription, and the requirement of successful military service as the only condition of civil preferment, the inevitable effect would be the ultimate establishment of a military government? If the contents of the letter to Mr. Swartwout, were such as justly to excite surprise, there were other circumstances not calculated to diminish it. Of all the citizens of the Uni- ted States, that gentleman is one of the last to whom it was necessary to address any vindication of general Jack- son, He had given abundant evidence of his entire devotion to the cause of the general. He was here after the election, and was one of a committee who invited the general to a public dinner, proposed to be given to him in this place. My letter to judge Brooke was published in the papers of this city on the twelfth of February. The general's note, declining the invitation of Mr. Swartwout, and others, was publisiied on the fourteenth, in the National Journal. The probability therefore is, that he did not leave this city until after he had a full opportunity to receive in a personal in- terview with the general, any verbal observations upon it which he might have thought proper to make. The letter to Mr. Swartwout bears date the twenty- third of February. If received by him in New York, it must have reached him, in the ordinary course of the mail, on the twenty-fifth or twenty-sixth. Whether intended or not as a " private conr.munication," and not for the "public eye," as alleged by him, there is much probability in believing that its pub- lication in New York, on the fourth of March, was then ADDRESS. 371 made, like Mr. Kramer's address, with the view to its ar- rival in this city in time to effect my nomination to the senate. In point of fact, it reached here the day before the senate acted on that nomination. Fellow citizens, I am sensible that generally a public of- ficer had better abstain from any vindication of his conduct, and leave it to the candor and justice of his countrymen, under all its attending circumstances. Such has been the course which I have heretofore prescribed to myself. This is the first, as I hope it may be the last, occasion of my thus appearing before you. The separation which has just taken place between us, and the venom, if not the vigor, of the late onsets upon my public conduct, will, I hope, be allowed in this instance to form an adequate apology. It has been upwards of twenty years since I first entered the public service. Nearly three-fourths of that time, with some intermissions, I have represented the same district in con- gress, with but little variation in its form. During that long period, you have beheld our country passing through scenes of peace and war, of prosperity and adversity, and of par- ty divisions, local and general, often greatly exasperated against each other. I have been an actor in most of those scenes. Throughout the whole of them you have clung to me with an affectionate confidence which has never been surpassed. I have found in your attachment, in every em- barrassment in my public career, the greatest consolation, and the most encouraging support. I should regatd the loss of it as one of the most afflicting public misfortunes, which could befal me. That I have often misconceived your true interests, is highly probable. That I have ever sacrificed them to the object of personal aggrandizement, I utterly deny. And for the purity of my motives, however in other respects I may be unworthy to approach the Throne of Grace and Mercy, I appeal to the justice of my God, with all the confidence which can flow from a consciousness of perfect rectitude. H. CLAY. Washington, 26th March, 1825. 372 SPEECH AT LEWISBURG. of Tra;^ersTci\^vn,h<^M im. Mr. Claifs speech at the dinner f, given him at Letvisburg., Virginia. [From the Lervisburg, Fa. Palladium., of September 11.] Lewisburg, August 23 J, 1826. The Hon. Henry Clay, Sir: — At a meeting of a respectable number of the in- habitants of Levvisburg and its vicinity, convened in the court house on the twenty second inst. it was unanimously determined to greet your arrival amongst them by some public demonstration of the respect which they in common with a great portion of the community, feel towards one of their most distinguished fellow citizens. It was therefore unanimously resolved, as the most eligible means of mani- festing their feelings, to request the honor of your presence at a public dinner to be given at the tavern of Mr. Frazer, in the town of Lewisburg, on Wednesday the thirtieth in- stant. In pursuance of the above measures, we as a committee, have been appointed to communicate their resolutions and solicit a compliance with their invitation. In performing this agreeable duty, we cannot but express our admiration of the uniform course which, during a long political career, you have pursued with so much honor to yourself and country. Although the detractions of envy, and the violence of party feeling have endeavoured to blast your fair repu- tation, and destroy the confidence reposed in you by the citizens of the United States, we rejoice to inform you, that the people of the western part of that state which claims you as one of her most gifted sons, still retain the same high feeling of respect, which they have always manifested in spite of the maledictions and bickerings of disappointed editors and interested politicians. We cannot close our communication M'ithout hailing you as one of the most distmguished advocates of that system of internal improve- ment which has already proved so beneficial to our country, SPEECH AT LEWISBURG. 373 and which at no distant period will make even these desert mountains to blossom as the rose. We have the honor to subscribe ourselves, Your's with esteem, J. G. M'Clenachek, John Beirne, James M'Laughlin, J. A. North, J. F. Caldwell, Henry Erskine. White Sulphur Springs, Hith August, 1826. Gentlemen: — I have received the note which you did me the honor on yesterday to address to me, inviting me in behalf of a respectable number of the citizens of Lewisburg and its vicinity, to a public dinner at Mr. Frazer's tavern, on Wednesday next, which they have the goodness to propose, in consequence of my arrival amongst them, as a manifestation of their respect. Such a compliment was most unexpected by me on a journey to Washington, by this route, recommended to my choice by the pure air of a mountain region, and justly famed mineral waters, a short use of which I hoped might contribute to the perfect re- establish- ment of my health. The gratification which I derive from this demonstration of kindness and confidence, springs, in no small degree, from the consideration that it is the spon- taneous testimony of those with whom I share a common origin, in a venerated state, endeared to me by an early tie of respect and affection, which no circumstance can ever dissolve. In communicating to that portion of the citizens of Lewisburg and its vicinity, who have been pleased thus to favor me, by their distinguished notice, my acceptance of their hospitable invitation, I pray you to add my profound acknowledgments. And of the friendly and flattering manner an which you have conveyed it, and for the generous sym- pathy, characteristic of Virginia, which you are so obliging as to express, on account of the detractions of which I have been the selected object, and the meditated victim, be as- sured that I shall always retain a lively and grateful re- anembrance. I am, gentlemen, with great esteem and regard, faithfully, your obedient servant, Henry Clay. Messrs. M'-Clenachen, North, McLaughlin, Caldxvell, Beirne, and Erskine, &fc, &fc. 374 SPEECH AT LEWISBURG. TOAST Seventh. Our distinguished g-uest, Henry Clay — The statesman, orator, patriot and philanthropist; his splendid talents shed lustre on his native state, his eloquence is an ornament to his country. When this toast was drank, Mr. Clay rose, and addressed the company in a speech, which occupied nearly an hour in the delivery, of which we can only attempt an imperfect sketch. He said, that he had never before felt so intensely the want of those powers of eloquence which had been just erroneously ascribed to him. He hoped, however, that in his plain and unaffected language, he might be allowed, without violating any established usage which prevails here, to express his grateful sensibility, excited by the sentiment with which he had been honored, and for the kind and respectful consideration of him manifested on the occasion which had broughtthem together. In passing through my na- tive state, said he, towards which I have ever borne, and shall continue, in all vicissitudes, to cherish the greatest respect and affection, I expected to be treated with its accustomed courtesy and private hospitality. But I did not anticipate that I should be the object of such public, distinguished, and cordial manifestations of regard. In offering you the poor and inadequate retuin of my warm and respectful thanks, I pray you to believe that I shall treasure up these testimonies among the most gratifying reminiscences of my life. The public service which I have rendered ray country, your too favorable opinion of which has prompted you to exhibit these demonstrations of your esteem, has fallen far below the measure of usefulness, which 1 should have been happy to have filled. I claim for it only the humble merit of pure and patriotic intention. Such as it has been, I have not always been fortunate enough to give satisfaction to every section and to all the great interests of our country. When an attempt was made to impose upon a new state, about to be admitted into the union, restrictions incompatible as I thought with her co-equal sovereign power, I was charged in the north with being too partial to the south, and as being friendly to that unfortunate condition of sla- very, of the evils of which none are more sensible than I am. At another period, when I believed that the industry of SPEECH AT LEWISBURG. SfS this country required some protection against the selfish and contracted legislation of foreign powers, and to constitute it a certain and safe source of supply, in all exigences; the charge against me was transposed, and I was converted into a foe of southern, and an infatuated friend of northern and western interests. There were not wanting persons, in every section of the union, in another stage of our history, to accuse me with rashly contributing to the support of a war, the only alter- native left to our honor by the persevering injustice of a foreign nation. These contradictory charges and perverted views' gave me no concern, because 1 was confident that time and truth would prevail over all misconceptions; and because they did not impeach my public integrity. — But I confess I was not prepared to expect the aspersions which I have experienced on account of a more recent discharge of public duty. My situation on the occasion to which I refer, was most peculiar and extraordinary, unlike that of any other American citizen. One of the three candidates for the presidency, presented to the choice of the house of representatives, was out of the question for notorious reasons now admitted by all. Limited as the competition was to the other two, I had to choose between a statesman long experienced at home and abroad in numerous civil situations, and a soldier, brave, gallant and successful, but a mere soldier, who, although he had also filled several civil offices, had quickly resigned them all, frankly acknowledging, in some instances, his incompetency to discharge their duties. it has been said that I had some differences with the present chief magistrate, at Ghent. It is true that we did not agrer- on one of the many important questions which arose during the negociations in that city, but the difference equally applied to our present minister at London and to the lamented Bayard, between whom and myself, although we belonged to opposite political parties, there existed a warm friendship to the hour of his death. It was not of a nature to prevent our cooperation together in the public sei vice, as is demonstrated by the convention at London subs<^queiitly negotiated by Messrs. Adams, Gallatin and myself. It was a difference of opinion on a point of expe- diency, and did not relate to any constitutional or fimda- mental principle. But with respect to the conduct of the distinguished citizen of Tennessee, I had solemnly er- 3?6 SPEECH AT LEWISBURG. pressed, under the highest obligations, opinions, which, whether right or wrong, were sincerely and honestly enter- tained, and are still held. These opinions related to a military exercise of power believed to be arbitrary and un- constitutional. 1 should have justly subjected myself to the grossest inconsistency, if I had given him my suffrage. I thought if he were elected, the sword and the constitution, bad companions, would be brought too near together. I could not have foreseen that, fully justified as I have been by those very constituents, in virtue of whose authority, I exerted the right of free suffrage, I should nevertheless be charged with a breach of duty and corruption by strangers to them, standing in no relation to them but that of being citizens of other states, members of the confederacy. It is in vain that these revilcrs have been called upon for their proofs; have been defied, and are again invited to enter upon any mode of fair investigation and trial — shrinking from every impartial examination, they persevere, with increased zeal, in the propagation of calumny, under the hope of supplying by the frequency and boldness of asseveration, the want of truth and the deficiency of evidence; until we have seen the spectacle exhibited of converting the hall of the first legislative assembly upon earth, on the occasion of discussions which above all others should have been cha- racterized by dignity, calmness and temperance, into a theatre for spreading suspicions and groundless imputations against an absent and innocent individual. Driven from every other hold, they have seized on the only plank left within their grasp, that of my acceptance, of the office of secretary of stale, which has been asserted to be the consummation of a previous corrupt arrangement. What can I oppose to such an assertion, but positive, pe- remptory and unqualified denial, and a repetition of the demand for proof and trial? The office to which I have been appointed is that of the country, created by it, and administered for its benefit. In deciding whether i should accept it or not, I did not take counsel from those who, foreseeing the probability of my designation for it, sought to deter me from its acceptance by fabricating anticipated charges, which would have been preferred with the same zeal and alacrity, however I might hare decided. I took counsel from my friends, from my duty, from my conscious innocence of unworthy and false imputations. I was not SPEECH AT LEWISBURG. 3?? left at liberty by either my enemies or my friends to decline the office. I would willingly have declined it from an unaffected distrust of my ability to perform its high duties, if I could have honorably declined it. I hope the uniform tenor of my whole public life will protect me against the supposition of any unreasonable avidity for public employ- ment. During the administration of that illustrious man, to whose civil services more than to those of any other American patriot, living or dead, this country is indebted for the blessings of its present constitution, now more than ten years ago, the mission to Russia, and a place in his cabinet were successively offered me. A place in his cabinet, at that period of my life, was more than equivalent to any place under any administration, at my present more ad- vanced age. His immediate successor tendered to me the same place in his cabinet, which he anxiously urged me to accept, and the mission to England. Gentlemen, I hope you will believe that tar from being impelled by any vain or boastful spirit, to mention these things, I do it with hu- miliation and mortification. If I had refused the department of state, the same indi- viduals who now, in the absence of all proof, against all probability, and in utter disregard of all truth, proclaim the existence of a corrupt previous arrangement, would have propagated the same charge with the same affected confi- dence which they now unblushingly assume. And it would have been said, with at least much plausibility, that I had contributed to the election of a chief magistrate, of whom I thought so unfavorably that I would not accept that place in his cabinet which is generally regarded as the first. I thought it my duty, unawed by their denunciations, to proceed in the office assigned me by the president and senate, to render the country the best service of which my poor abilities are capable. If this administration should show itself unfriendly to American liberty and to free and liberal institutions; if it should be conducted upon a system adverse to those principles of public policy, which I have ever endeavoured to sustain, and I should be found still clinging to office, then nothing which could be said by those who are inimical to me, would be undeserved. But the president ought not to have appointed one who had voted for him. Mr. Jefferson did not think so, who called to his cabinet a gentleman who had voted for him, ,3 C 378 SPEECH AT LEWISBURG. in the most warmly contested election that has ever occurred in the house of representatives, and who appointed to other highly important offices other members of the same house, who voted for him. Mr. Madison did not think so, who did not feel himself restrained from sending me on a foreign service, because I had supported his election. Mr. Monroe did not think so, who appointed in his cabinet a gentleman, now filling the second office in the government, who attended the caucus that nominated, and warmly and efficiently espoused his election. But, suppose the president acted upon the most disinterested doctrine which is now contended for by those who opposed his election, and were to appoint to public office from their ranks only, to the entire exclusion of those who voted for him, would he then escape their censure? No! we have seen him charged, for that equal distribution of the public service among every class of citizens, which has hitherto characterized his administration with the nefarious purpose of buying up portions of the community. A spirit of denunciation is abroad. — With some, condemnation right or wrong, is the order of the day. No matter what prudence and wisdom may stamp the measures of the administration, no matter how much the prosperity of the country may be advanced, or what public evils may be averted, under its guidance, there are persons who would make general, indiscriminate and interminable opposition. This is not a fit occasion, nor perhaps am I a fit person to enter upon a vindication of its measures. But I hope I shall be excused for asking what measure of domestic policy has been proposed or recommended by the present executive, which has not its prototype in previous acts or recommendations of administrations at the head of ■which was a citizen of Virginia? Can the liberal and high- minded people of this state, condemn measures emanating from a citizen of Massachusetts, which when proposed by a Virginian, commanded their express assent or silent acqui- escence, or to which, if in any instance they made opposition, it was respectful, limited and qualified? The present ad- ministration desires only to be judged by its measures, and invites the strictest scrutiny and the most watchful vigilance on the part of the public. With respect to the Panama mission, it is true that it was not recommended by any preceding administration, because the circumstances of the world were not then such as to SPEECH AT LEWISBURG. 379 present it as a subject for discussion. But, during that of Mr. Monroe, it has been seen that it was a matter of con- sideration, and there is every reason to believe, if he were now at the head of affairs, his determination would corres- pond with that of his successor. Let me suppose that it was the resolution of this country, under no circumstances, to contract with foreign powers intimate public engagements, and to remain altogether unbound by any treaties of alliance, what should have been the course taken with the very respectful invitation which was given to the United States to be represented at Panama? Haughtily folding your arms, would you have given it a cold and abrupt refusal? Or would you not rather accept it, send ministers, and in a friendly and respectful manner, endeavour to satisfy those who are looking to us for counsel and example, and imitating our free institutions, that there is no necessity for such an alliance; that the dangers which alone could, in the opinion of any one have justified it have vanished, and that it is not good for them or for us? What may be the nature of the instructions with which our ministers may be charged, it is not proper that I should state; but all candid and reflecting men must admit, that we have great interests in connexion with the southern republics, independent of any compacts of alliance. Those republics, now containing a population of upwards of twenty millions, duplicating their numbers probably in periods still shorter than we do, comprising within their limits the most abun- dant sources of the precious metals, offer to our commerce, to our manufactures, to our navigation, so many advantages that none can doubt the expediency of cultivating the most friendly relations with them. If treaties of commerce and friendship, and liberal stipulations in respect to neutral and belligerent rights, could be negotiated with each of them at its separate seat of government, there is no doubt that much greater facilities for the conclusion of such treaties present themselves at a point where all being represented, the way may be smoothed and all obstacles removed by a disclosure of the views and wishes of all, and by mutual and friendly explanations. There was one consideration which had much weight with the executive, in the decision to accept the mission; and that was the interest which this country has, and especially the southern states, in the fate and fortunes of the island of Cuba. No subject of our foreign relations 380 SPEECH AT LEWISBURG. has created with the executive government more anxious concern, than that of the condition of that island and the possibility of prejudice to the southern states, from the convulsions to which it might be exposed. It was believed, and is yet believed, that the dangers which, in certain con- tingencies might threaten our quiet and safety, may be more successively averted at a place at which all the American powers should be represented than any where else. And I have no hesitation in expressing the firm conviction that, if there be one section of this union more than all others in- terested in the Panama mission and the benefits which may flow from it, that section is the south. It was therefore with great and unaffected surprise that I witnessed the obliquity ot those political views which led some gentlemen from that quarter to regard the measure, as it might operate on the southern states in an unfavorable light. Whatever may be the result of the mission, its moral effect in Europe will be considerable, and it cannot fail to make the most friendly impressions upon our southern neighbors. It is one of which it is difficult, in sober imagination, to conceive any possible mischievous consequences, and which the executive could not have declined, in my opinion, without culpable neglect of the interests of this country, and without giving dissatis- faction to nations whose friendship we are called upon by every dictate of policy to conciliate. Tht-re are persons who would impress on the southern states the belief that they have just cause of apprehending danger to a certain portion of their property from the pre- sent administration. It is not difficult to comprehend the object and the motive of these idle alarms. What measure of the present administration gives any just occasion for the smallest apprehension to the tenure by which that species of property is held? However much the president and the members of his administration may deprecate the existence ot slavery among us as the greatest evil, with which we are afflicted, there is not one of them that does not believe that the constitution of the general government, confers no au- thority to interpose between the master and his slave, none to apply an adequate remedy, if indeed there be any remedy within the scope of human power. Suppose an object of these alarmists were accomplished, and the slave holding states were united in the sentiment that the policy of this government in all time to come, should be regulated on the SPEECH AT LEVVISBURG. ggj basis of the fact of slavery, would not union on the one side lead to union on the other? And would not such a fatal division of the people and states of this confederacy produce perpetual mutual irritation and exasperation, and ultimatelv disunion Itself? The slave holding states cannot forget that they are now m a minority, which is in a constant relative diminution, and should certainly not be the first to put forth a principle of public action by which they would be the greatest losers. I am but too sensible of the unreasonable trespass on your time which I have committed, and of the egotism of which my discourse has partaken. I must depend for my apology upon the character of the times, on the venom of the attacks which have been made upon my character and conduct, and upon the generous sympathy of the gentlemen here assembled. During this very journey a paper has been put into my hands, in which a member of the house of representatives is represented to have said that the distin- guished individual at the head of the government and my- self have been indicted by the people. If that is the case 1 presume that some defence is lawful. By the bye if thJ honorable member is to have the sole conduct of the pro- secution without the aid of other counsel, 1 think that it is not difficult to predict that his clients will be non suited and that they will be driven out of court with the usual judgment pronounced in such cases. In conclusion, I beg leave to offer a toast which, if you are as dry as I am, wilM hope, be acceptable for the sake ot the wine, if not the sentiment. " The continuation of the turnpike road which passes through Lewisburg, and success to the cause of in^ternal improvement, under every auspices." He then took his seat amid the repeated cheers of the whole company. '^ TUE END,