THE LIBRARY OF THE UNIVERSITY OF NORTH CAROLINA THE COLLECTION OF NORTH CAROLINLANA PRESENTED BY laughters of American Colonists in honor of Lena ^ke Williams CB J66I 4 f r^v ¥€" L. '-i ^ ^ This book must not be taken from the Library building. Form No. 471 jEng--tnj SMEalXs SotuSw^'* 1^^ / -^ ^^^^. r A^j^^-z^^ THE REPUBLIC: OR, A HISTORY UNITED STATES OF AMERICA THE ADMINISTRATIONS, From thk NIonarchic Colonial Days TO THE PRESENX TIIvIKS. JOHN ROBERT IRELAN, IVE. D. IN EIGHTEEN VOLUIVIES. Volume VII. CHICAGO: Fairbanks and Palivier Publishing Co. Boston : Martin Garrison & Co. New York : John Cummings. Washington, D. C: W. F. Morse. Cincinnati : The Cincinnati Publishing Co. St. Louis: E. Holdoway. Minneapolis: Buckeye Publishing Co. San Francisco : J. Dewing & Co. 1887. COPYRIGHTED BY L. T. F-ALIvlER, ALL RIGHTS RESERVED. HISTORY LIFE, ADMINISTRATION, AND TIMES OF Andrew Jackson. Seventh ^reeibent of the WLniteii ^tate». Indian Wars of the South, War of 1812, AND First Decade of the New Political Era. JOHN ROBERT IRELAN, IVI. D. CHICAGO: Ra-irbanks and F*alivier Publishing Co. 1887. COPYRIGHTED BY li. T. PALIvIER, 1887. ALL RIGHTS RESERVED. PRKKACK. MORE has been written, perhaps, in one way or another, about General Jackson than any other President of the United States ; and his name and character still remain fruitful sources of speculation and profit among political speakers and writers. Many voluminous works which, by their titles, would indi- cate wide fields of historic research, are largely taken up with his good and evil deeds, and their relation to national affairs and political organizations. The newspapers and magazines of the country for many years teemed with praises or abuses of him. Scarcely a book of travels or reminiscences can be found which does not contain something of this won- derful person, who was said, by William Cobbett, to be the greatest and bravest man who had ever lived in this world, so far as he knew. Many " lives " of General Jackson were written during his three Presidential campaigns ; and most of these were unreliable panegyrics. In later days more able hands have written of this meaty subject with great interest and fairness in respect to history and fact without consulting party tendencies and preju- 6 PREFACE. dices. Between them and the General's early biogra- phers and eulogists lies a very considerable chasm, which can not be obliterated. And, after all that has been written by careful and careless hands, the di- versity of opinion as to many of Jackson's acts remains now nearly where it was at the end of his life. Even about the place of his birth there is still some doubt. There appear among historians and biographers two quite opposite dispositions as to the birthplaces and parentage of heroes. With one class the character worthy of biographic distinction must be well born, with fine, consequential, old, and wealthy ancestry. With the other there is an equally determined effort to make the greatest possible display of a "poor but honest parentage," and the wonder, admiration, and respect which should be attached to results so phe- nomenal under circumstances so unlikely. Even among the most democratic of these writers nationality cuts no small figure. With an air of apology it may often be found said that General Jackson came of " Irish " parents, but who were themselves of " Scottish " origin, as if this were the way out of a social and physical misfortune. In a political sense these capers are ludicrous and contemptible enough, however vast, grand, potential, and unavoidable to the scientist may be the question of heredity. In poverty and wealth, of themselves, there should be no honor or offense in the Republic. And too great and uncertain have been the vicissi- PREFACE. 7 tudes in the families of men who were themselves distinguished for wisdom and virtue for an American historian to intrench himself behind a position so assailable. Of this extraordinary character, his work, the party he remodeled or organized, his times, his administra- tion of the affairs of the Government, and of the remains of his posthumous influence, I have written without reference to the preferences or inclinations of his political friends or enemies. Drawing from every possible source, I have given credit where it was feasible and proper, for what I have appropriated. And whether the picture here drawn may or may not be found everywhere acceptable, no effort or desire has been spared to render it true to life. CONTKNTS. CHAPTER I. Page. Parentage, Relatives, and Ancestors of General Jackson 15 CHAPTER II. General Jackson's Birth and Education — Qui, Qu.t-:, ■ Quod — Labeled for a Preacher .... 23 CHAPTER III. The Young Whig Soldier — AVas General Jackson a Schoolmaster ? — Now and Then — A Picture . 32 CHAPTER IV. Jackson becomes Attorney for the Western District — Emigrates to Nashville — Marriage — The Duel- ist — The State Constitution — A New Figure in Congress 38 CHAPTER V. Andrew Jackson at the Beginning of the Century — Superior Judge — General of Militia — Trader and Horse-racer 5-4 CHAPTER VI. Jackson and the Bentons — Fights and Duels — A Na- tional Disgrace — Wounded for Life at Last . 65 (9) 10 CONTENTS. CHAPTER VII. Page. General Jackson and Aaron Burr .... 82 CHAPTER VIII. Creek War — General Jackson steps into Public Es- teem — Expedition to Natchez — "Old Hickory" — Jesse Benton, His Mark — Fort Mims — Coffee at Talluschatches — The Story of Lincoyer . . 97 CHAPTER IX. Battle of Talladega — General Cocke — Jackson con- quers A Mutinous Army 122 CHAPTER X. Creek War — Settling Mutiny with the Pistol — Gen- eral Jackson gathers Doubtful Laurels at Emuck- FAU AND EnOTACHOPCO FlOYD AND WeATHERSFORD AT Calibee — Who was First, the Red or the White Man? 136 CHAPTER XI. End of the Creek War — Battle of Tohopeka — John Woods — Red Eagle — The Conqueror becomes a Major-General — Treaty of Fort Jackson . .166 CHAPTER XII. The Governor of Florida hears from the New Rep- resentative OF THE United States — Battle of Fort Bowyer — Barataria — Jean Lafitte, the Pirate and Patriot 190 CHAPTER XIII. General Jackson visits Pensacola with Three Thou- sand Men — Drives the British out of Florida — The One Man at New Orleans — The British on the Mississippi — Preparations for the Conflict 207 CONTENTS. 11 CHAPTER XIV. Page. Battle of the Night of the 23d— British Reconnois- SANCE of the 28th— The Brave Baratarians — The Story of the Cotton-bales 234 CHAPTER XV. Battle of New Orleans— 8th of January, 1814 . 249 CHAPTER XVI. General Jackson's Crown of Laurel — Judge Hall and THE Fine of One Thousand Dollars — The Hero of New Orleans at Home 268 CHAPTER XVII. Execution of the Militia-men — The 8th of Jan- uary AND THE Presidency— The Administration Ig- nored — General Scott and Governor Adair . 282 CHAPTER XVIII. The Seminole War— General Jackson and Governor Rabun— Negro Fort— The Chief McIntosh . 309 CHAPTER XIX. First Seminole War— General Jackson Visits Flor- id ^ — A Wonderful Tragedy — Trial and Tri- umph—On THE Way to the White House . . 324 CHAPTER XX. The First Governor of Florida— Judge Fromentin AND THE Dons—' ' Aunt Rachel " . . . .348 CHAPTER XXI. General Jackson's New Dream— The White House in the Distance — "Ways that are Dark" — The Race— The Means— The Thwarted Wn.L of the People 364 12 CONTENTS. CHAPTER XXII. Page. "Bargain and Corruption" — Bitter Contest for the Presidency — Successful this Time — Inauguration OF General Jackson — Mr. Adams's Opinion — Gram- mar NOT Counted 887 CHAPTER XXIII. The Cabinet — Work of Reform — Reign of Terror — The Scandal — All about Nothing — The Country PUT TO Shame 405 CHAPTER XXIV. President Jackson's First Annual Message — Acts of Congress — The Veto breaks the Dream of Inter- nal Improvements — Nullification Sanctioned in Georgia 419 CHAPTER XXV. General Jackson makes the First Thrust at Nullifi- cation — " The Federal Union : It must be Pre- served" — Bank of the United States — Mr. Cal- houn — Plans FOR "Matty" — "The Globe" . . 454 CHAPTER XXVI. President Jackson's Second Annual Message — Con- gress EN THE Winter of 1830 — The President's Legal Advisers — The Kitchen Cabinet . . 476 CHAPTER XXVII. Third Annual Message — Mr. Van Buren and the Senate — The Giant and the Bank — Disgraceful Scenes at the National Capital .... 521 CHAPTER XXVIII. Presidential Election of 1832 — Cholera Ravages — Fourth Annual Message — Black Hawk — Nullifi- cation ......... 549 CONTENTS. 13 CHAPTER XXIX. Page General Jackson and the Nullifiers— Nullification Proclamation— A Compromise— Who triumphs ? . 580 616 626 CHAPTER XXX. Electoral Count— President Jackson's Fourth Inau- gural Address— Harvard makes another LL. D. CHAPTER XXXI. The Two Gdlnts, the Man and the Bank— Willl^m J. DUANE ALSO FALLS— A WoNDERFUL CONTEST . CHAPTER XXXII. President Jackson's Fifth Annual Message — War WITH THE Senate CHAPTER XXXIII. The Bank Conflict goes on— Fierce Struggle be- tween THE President and the Senate— Sixth An- nual Message— Quarrel with France— Public Debt liquidated ....•••• CHAPTER XXXIV. President Jackson's Seventh Annual Message— Presi- 723 dential Election CHAPTER XXXV. Preshjent Jackson's Last Annual Message — Last ^ Pocket Veto — Final Triumphs . . • . <65 CHAPTER XXXVI. End of General Jackson's Administration— Farewell Address- Lshtates Washington— Reception by the T> ... 799 People 14 CONTENTS. CHAPTER XXXVII. Page. The Little Church at the Hermitage — The End — Last Words — Death — The Grave of General Jackson 821 CHAPTER XXXVm. Andrew Jackson, the Man — His Character and Serv- ices 834 CHAPTER XXXIX. Rachel Jackson — The Hermitage — The White House — Graves of the Happy Family — General Jackson AND Swedenborg 845 LIFE, ADMINISTRATION. AND TIMES OF Andrew Jackson, SEVENTH F»RESIDENX OE THE UNITED STATES, March 4, 1829, to March 4, 1837. CHARTER I. PARENTAGE, RELATIVES, AND ANCESTORS OF • GENERAL JACKSON. THE ancestors of General Jackson, on both sides, were doubtlessly of Scotch origin. At a time when Great Britain gave a few privileges to settlers in Ireland, some of these ancestors took up their residence in the Province of Ulster. But there is not the slightest evidence that any of them rose to special note. The annals of Carrickfergus, where the Jack- sons and the Hutchinsons lived, make little or no mention of them. The Jacksons, especially, seemed, like most of their neighbors, to be improAddent and worthless. Hugh Jackson, the grandfather of the General, was said to have been a linen-draper ; and an apparent attempt has been made to let this signify that he was the 15 16 LIFE AND TIMES OF owner of looms, factory, and a business of consid- erable extent. However much or little truth there is in this, one thing is certain ; that is, that the great masses of men and women, married and single, around Belfast were engaged in the linen factories ; or the women in these and the men on the farms at days' work, or were living under the system of lordly tenantry. Two of the sons of this Hugh, Samuel and Andrew, came to America, the former settling in Philadelphia. A daughter of another son of Hugh settled in New York. Andrew, with his wife and two sons, born at Carrickfergus (the Crag of Fergus), landed, with a company of relatives and neighbors, at Charleston, South Carolina. Five sisters of Elizabeth Hutchinson, wife of this Andrew, also came over. Three Craw- ford families were in this Charleston company, and one of these Crawfords was married to a sister of Mrs. Andrew Jackson. George McCamie (or Mc- Kemey) was also married to one of these Hutchinson sisters, and a Mr. Leslie to another, and these, at least, of Mrs. Jackson's relatives were among her neighbors in Carolina. There were also other rela- tives ; and these emigrants already had relatives in what was then knowm as the Waxhaws or Waxhaw settle- ment about forty or fifty miles from Camden, and near the boundary line of North Carolina, or partly in both States. To these settlements Andrew Jackson and the Crawfords went. The Crawfords bought land on the Waxhaw Creek, a tributary of the Catawba. But Andrew Jackson located on Twelve-Mile Creek, another tributary of the Catawba, several miles away in North Carolina, and not far from Monroe, the present seat of Union County. ANDREW JACKSON. 17 While it seems that Andrew Jackson was not so thrifty as his wife's relatives, and that he had lived like most of the wretched people of Ireland, perhaps, the facts concerning his conduct in America do not strengthen or establish the theory of his utter shift- lessness, or that he came over here without any " visible means of support." While the carelessly kept old Carolina records do not show that he owned the land on which he settled, or any other, indeed, it is generally conceded that he treated it much as if it had been his own. The value of the land was then trifling, and the outlay to acquire the title would not have been great. At any rate, he built the cabin in which he lived, and went to work to clear and improve the land. While he might have been a very poor man, he was evidently not destitute of spirit or pur- pose, and whether he was able to own the land or not, it was the opinion of Amos Kendall, who had more information from General Jackson than any other man who^ has written about him, that Jackson did own the land. But whether this is of any im- portance or not, it is a question involved in some uncertainty. It was in 1765 that Andrew Jackson and his rela- tives came to America, and in the spring of 1767, he died. His body was carried by his family over to the church-yard of the Waxhaw settlement, and there buried. Mrs. Jackson did not return at once to her cabin home, and, may be, never did return to it. With George McCamie (or McKemey) she stayed for a few weeks until after the birth of her son, whom she named Andrew, in honor of his father. McCamie, this relative, lived in North Carolina, also in a log 2— G 18 LIFE AND TIMES OF cabin, within a few hundred yards of the South Caro- lina line. In due time after this event Mrs. Jackson went to her sister's, Mrs. James Crawford's, in Lancaster Dis- trict, South Carolina, where she made her home, at least for a time, and probably for the rest of her life ; although it seems quite likely that Mrs. Jackson held some interest in the land on which she had lived, and derived some benefit from that interest. She may have returned to the place and lived on it for a time, according to the opinion of most writers, who have examined the subject, but this is extremely doubtful. During the Revolutionary War she changed about among her relatives and friends, as her condition seemed to require. But this wandering period was temporary, and was owing mainly to the character of the warfare carried on in that region. The readiness with which she made these trips and visited different parts of the Waxhaw settlement, even at times going to Camden and Charleston, would, perhaps, go far towards proving that she was not wholly dependent on her relatives. She was possessed of a sound, strong body, not only fitting her for these rough trips, however they were made, but also rendering her serv- iceable in such trying times, among her relatives and friends. She, at least, belonged to the useful class of " poor kin." She hated a " red-coat," and was warmly devoted to the cause of her adopted country. She urged forward her children to engage in the great struggle, which was brought to every door, and in which all were alike concerned. Her eldest son, Hugh, was in the engagement at Stono on June 20, 1779, under the patriotic and subsequently distin- ANDREW JACKSON. 19 guished William Richardson Davie, and soon after- wards died from the effects of his exertions in the unsuccessful rencounter. Mrs. Jackson traveled over to Camden, forty-five miles, to become nurse to her two other sons in the British small-pox prison; and by her exertions they and some of their relatives were exchanged. But her elder son, Robert, died of the disease. Andrew she nursed safely through, and then hearing of the suffer- ing of relatives and friends in the prison ships at Charleston, she traveled down there in 1781, on foot, perhaps, a hundred and sixty miles, to do what she could to relieve their sufferings and hardships. While thus engaged, she " took ship fever," and died at the house of William Barton, a relative, two or three miles from Charleston. Barton buried her remains, but nobody now knows where. Nor did her son ever dis- cover the place of her interment. All she had in the world, her worthless clothes, it is said, were sent to her remaining child, Andrew. Thus ended the career of this unlettered, hardy, patriotic, persevering, and, no doubt, worthy woman, one of the virtuous and best of the Irish pioneers of Carolina. All of these Hutchinson sisters were more than ordinary among the uneducated of their country- women. The Crawfords, McCamies, Bartons, Leslies, and others of Mrs. Jackson's relatives were thrifty, enterprising people, and of course, in the Revolution were all good Whigs. A race of independent, free- spirited people in Ireland, they could not have been less here. For generations they had been Protestants in religion, as had been the Jacksons, and the trials through which they had passed for conscience' sake 20 LIFE AND TIMES OF had invigorated their minds, improved their characters, and made them a stirring, progressive, thinking, intel- ligent race. Few of the early Irish emigrants to this country surpassed them in the qualities and virtues which are at once the great supports of human liberty, and of just and stable government. Of the Christian parents of Andrew Jackson about all that is known has now been said here ; and prob- ably as much that is favorable as the case will calmly sustain. Yet the evidence is as clear and gratifying that nothing worse can be said of them than has been written in these lines. Of the funeral of Andrew Jackson, Sen., and the old grave-yard where his earthly body was deposited, James Parton thus writes : — " In a rude farm-wagon the corpse, accompanied, as it seems, in the same vehicle by all the little family, was conveyed to the old Waxhaw church-yard, and interred. No stone marks the spot beneath which the bones have moldered ; but tradition points it out. In thiat ancient place of burial, families sleep together, and the place where Andrew Jackson lies is known by the grave- stones which record the names of his wife's relations, the Craw- fords, the McKemeys, and others. "A strange and lonely place is that old grave-yard to this day. A little church (the third that has stood near that spot) having nothing whatever of the ecclesiastical in its appearance, resembling rather a neat farm-house, stands, not in the church- yard, but a short distance from it. Huge trees, with smaller pines among them, rise singly and in clumps, as they were originally left by those who first subdued the wilderness there. Great roots of trees roughen the red clay roads. The church is not now used, because of some schism respecting psalmody and close communion ; and the interior, unpainted, unceiled, and uncushioned, with straight-backed pews, and rough Sunday- school benches, looks grimly wooden and desolate as the traveler removes the chip that keeps the door from blowing open, and peeps in. Old as the settlement is, the country is but thinly ANDREW JACKSON. 21 inhabited, and the few houses near look like those of a just-peopled country in the northern States. Miles and miles and miles, you may ride in the pine woods and ' ' old fields " of that country, without meeting a vehicle or seeing a living creature. So that when the stranger stands in that church-yard among the old graves, though there is a house or two not far off, but not in sight, he has the feeling of one who comes upon the ancient burial-place of a race extinct. Rude old stones are there that were placed over graves when as yet a stone-cutter was not in the Province ; stones upon which coats-of-arms were once engraved, still partly decipherable ; stones which are modern compared with these, yet record the exploits of revolutionary soldiers ; stones so old that every trace of inscription is lost, and stones as new as the new year. The inscriptions on the grave-stones are unusu- ally simple and direct, and free from sniveling and cant." Mr. Frost, one of General Jackson's biographers says, in speaking of the death of Andrew, Sen.: " By this sudden bereavement, the care of educating the three boys devolved upon Mrs. Jackson, a lady who appears to have been eminently qualified for the task." Just how Mr. Frost ascertained that Mrs. Jackson was eminently qualified for such a task, or what the evidences of the qualifications were, it is not easy to say. It appears that she was called " good Aunt Betty," and "Aunt Betty" among her acquaintances. But this could hardly be taken as a qualification for rear- ing and educating boys. Most women who have been unfortunate enough to be called " good Aunt Betty," "good Aunt Phyllis," etc., have been proverbially good for no such thing. They have mainly been ignorant old persons good for looking after stone-bruises, leg- aches, small whims, tittle-tattle, patches and rents, and preventing the growth of self-reliant, strong, manly fellows. 22 LIFE AND TIMES OF There is not the remotest evidence that Mrs. Jack- son was endowed with many of the ordinarily highly esteemed valuable traits as an educator of wise and great children. The simple woman hardly knew enough to tell her sons in what State they lived. Nobody could, with truth or certainty, make any claims for her accomplishments, or the many-sided culture and wisdom that would peculiarly fit a mother to care for the education of her children. Still the mother of Jackson deserved the eulogy of James Parton, who speaks, in the following style of her and the place where her distinguished son was born : — "In a large field, near the edge of a wide, shallow ravine, on the plantation of Mr. W. J. Cureton, there is to be seen a great clump, or natural summer-house, of Catawba grape-vines. Some remains of old fruit-trees near by, and a spring a little way down the ravine, indicate that a human habitation once stood near this spot. It is a still and solitary place, away from the road, in a red, level region, where the young pines are in haste to cover the well-worn cotton fields, and man seems half inclined to let them do it, and move to Texas, Upon looking under the masses of grape-vine, a heap of large stones showing traces of fire is discovered. These stones once formed the chimney and fire-place of the log house wherein George McKemey lived and Andrew Jackson was born. On that old yellow hearth-stone Mrs. Jackson lulled her infant to sleep, and brooded over her sad bereavement, and thought anxiously respecting the future of her fatherless boys. Sacred spot ! not so much because there a hero was born, as because there a noble mother suflTered, sorrowed, and accepted her new lot, and bravely bent herself to her more than doubled weight of care and toil." ANDREW JACKSON. 23 CHAPTER II. GENERAL JACKSON'S BIRTH AND EDUCATION— QUI, QUM, QUOD— LABELED FOR A PREACHER. GENERAL JACKSON was born March 15, 1767, in what is now Union County, North Carolina, at the house of his uncle, George McKemey ; and a few weeks subsequently was taken by his mother to live at James Crawford's, in Lancaster District (County), South Carolina. Here he liA'^ed, mainly, until after the death of his mother. It must, how- eA^er, be said that Jackson appeared to entertain the belief that his native place was in South Carolina. "With some degree of confidence he mentioned the matter as a fact, and Mr. Kendall who got all his information from the General, so believed. It is said that Andrew was his mother's " darling child." If Andrew was her darling, if mothers will have special favorites in their flocks, what must have been the other boys ? A more forbidding, dirty- mouthed, freckled-faced, ill-tempered, ungainly little fellow than Andrew Jackson it certainly would have been difficult to find ; a careless, coarse, and reckless boy. Mr. Parton tells that he found one of the old Crawford negroes down in Carolina who helped doctor Andrew for the " big-itch." This \yas the regular " seven-years' itch," and everybody ought to know that dirt, filthiness, is the main cause of this vile skin disease. 24 LIFE AND TIMES OF What parents have not some early plans for their children, careers usually mapped out without reference to qualities ? Merely fancy schemes they are, espe- cially for boys ; and seldom to be realized. As to girls the case is much more simple and regular in solution. They are to be nothing, and then to be married and settle down to a routine, having as a considerable part of its ingredients, dress and gossip, if these grand objects of life have been even so long neglected. Mrs. Elizabeth Jackson was moderate in her am- bition as to her three sons. Hugh and Robert were to be tillers of the soil. But there must always be one great man in every family ; at least, one in some learned profession, which amounts to the same thing with many simple people. So Mrs. Jackson decided that Andrew should be a Presbyterian preacher. But this summary disposition of him never could have been to Andrew's taste. "Andy " was a really naughty boy, a bad boy, and carried with him throughout life, the qualities that made him so. One of his bad traits was swearing. At a very early age he was wont to strengthen his choice and refined speech with oaths ; and during the greater part of his life this senseless and villainous habit stuck to him. But many a very respectable preacher has at some period of his life been a " pro- fane " swearer. However, Andrew was sent to the country school, beginning quite early, too, where, in the course of time, he learned to " calculate," to write, and to read or " say," but not to pronounce. Still, in this de- ficiency was he much worse off' than children who attend ANDREW JACKSON. 25 schools at this day ? Spelling was never an accom- plishment with him; and during his races for a dis- tinguished office, in after times, much sport was made of his inability to manage this mysterious science. Mrs. Jackson and her son were not pleased with his advantages in the " old-field schools," a name once employed in a great part of the South, and derived, properly enough, from the locality of the school-house in fields found to be worthless, or worn out and thrown out to the sassafras, oak, and pine. Accord- ingly he was sent to a higher school, called an acad- emy, and kept in the Waxhaw Church, by a Mr. Humphries. There, it is said, he was introduced to the classics. With Mr. Humphries, it is claimed by some, he acquired the rudiments of Latin and Greek, and Mr. Frost goes so far as to assert that he pursued these studies for some time " with ardor and success," all of which is doubtful, if not wholly unfounded in fact. After stating that nothing whatever can now be found concerning the school of this Presbyterian preacher, Humphries, or of the character of the teacher, Mr. Parton in his part of the education " boom " de- liberately calls him " Dr." Humphries ; a ridiculous performance, if not meant to be so. Mr. Parton evi- dently forgot that Harvard College had not yet set the doubtful example of conferring undeserved degrees and titles, as she did long subsequently in the person of Andrew Jackson. General Jackson, LL. D., or Major-General Doctor Andrew Jackson, the Hero of New Orleans ! Among some Christian denominations it is common in these days to call their preacher " Doctor." Every new preacher who comes to town is at once dubbed 26 LIFE AND TIMES OF " Doctor," although he may possess unexemplary hab- its, and be a novice or an old granny in theologic wis- dom ; without his having passed a college door, and even when his speech presents an open certificate to any man of his .inability to speak correctly even his mother tongue. The whole practice, besides being unrepublican, unmanly, and disgusting, is insincere, immodest, and unchristian. This preacher, Humphries, a teacher of General Jackson, might have been a very deserving man, and a wise theologian, but every thing concerning him is now as much a matter of fable as is the education of Jackson. All this wonderful book-training occurred before the Carolinas became seriously involved in the War of the Revolution. After the peace, it is claimed that young Andy attended other schools, that he " completed his classical education " under a Mr. McCuUoch, who had a school at Hill's Iron Works, and that he spent some time in what was termed Queen's College, at Char- lotte, North Carolina, or that he would have done so, if it had not been for his squandering a patrimony which never existed except in the imagination of a fiction-liking people. There seems to have been an impression pervading the minds of most of General Jackson's earlier biog- raphers that there could be little chance for him ever to rise to eminence without classic lore, which meant some knowledge of Latin and Greek ; and since he did become greatly distinguished, of course he was a clas- sical scholar. If General Jackson did any way get a knowledge of these dead languages, " preliminary to entering the University," as Goodwin says, it never made much impression for the better in his use of the ANDREW JACKSON. 27 English, nor did it crop out throughout his life as one of his erudite acquisitions. But from his want of this so-called ancient lore, or from the great practical bear- ing of his mind, he was saved in his old age from making foolish displays of what some of his predeces- sors were unable to recognize as in bad taste, if not extremely vulgar. Still, General Jackson, at times, like some of his biographers and many other people, seemed to labor under the conviction that a little Latin and Greek now and then were very good and essential things, if not really significative of stupendous learning and over- shadowing greatness. There is nothing that ignorant and uneducated people dislike more than to be unable to appear wise, or to know well, to all outward appear- ances, the most recondite things, or to see an idol fall below their standard of noncomprehensibility. Gen- eral Jackson read poor human nature, and knew this defect well; and often acted upon the knowledge in the beautiful letters which gave him fame, and which were, unfortunately for the old hero, written by Henry Lee, William B. Lewis, and other friends. The story is told that knowing how prone unlettered people are to Latin, and grand, sounding, meaningless, and un- fathomable speech, in closing one of his addresses to a vast crowd, the General took occasion with powerful tone and gesture, to sum up in overwhelming argu- ment with about all the Latin he ever knew : ''Mulr tum in parvo, vade mecum, sine qua non, ne plus^ ultra, sine die, ad captandum vulgus, e plurihus unum." The effect was astounding, and cheer after cheer indicated how thoroughly convinced the people were that Gen- eral Jackson was the noblest Roman of them all. 28 LIFE AND TIMES OF It is a singular fact that even yet the greatest stress is placed upon the least valuable things in the educa- tion of public men. When Latin and Greek are men- tioned they are taken for everything else. How little true this ever was, especially under the old regime where pupils were required to commit to memory the Latin grammar, when they could not correctly write a sentence in their own tongue ! Of the great mass of men, and even of scholars, so-called, few know the names and character of the grasses or plants in their own yards and fields, or of the thousands of living creatures, great and small, that surround them, or the history of the earth and man, or of the State or coun- try in which they were born, or have an intimate knowledge of their own bodies, or any of their organs, or have but the vaguest knowledge of the food which sustains, or the foods and poisons which kill them. Yet many of these unknowing people, even in their old age, when better things might well occupy their minds, spend hours and days of precious life piddling over the tongues of nations long extinct, and whose examples have in them nothing of benefit to the living world. There has ever been a charm about qui, quce, quod, TtTUfcoQ, TETUfuTia, T^xbipoz, which may not soon dis- appear, however ill we speak of them. Without questioning a limited and proper use to the Latin and Greek, it may be confidently claimed, on general, practical principles, that an intimate history of one of the least of God's living creatures, a plant, a weed, a bacterium, an insignificant insect, a bee, an ant, a flea, is of more interest and worth than that of dead Greece and Rome. ANDREW JACKSON. 29 But to end this matter as to General Jackson's lit- erary acquirements. Most people in this country knew long ago that Andrew Jackson was not a pro- found scholar. He was never a reader. He was not a correct writer or speaker. But he could often write rapidly, and most frequently wrote with much force, as he talked. Every one of his public papers was re- vised by somebody before it was given to the world; and few of his letters and speeches ever reached the public without this supervision. Many of his letters and public documents were the productions of other men in grammar, language, and sentiment. But most of his best letters, and most fiery and able public pa- pers, were of his own dictation. Indeed, he was never at a loss for ideas, good ideas, for every occasion ; nor did he need to borrow force and appropriateness of speech from any man. A great outcry was made about Jackson's bad spelling ; but that was a less serious matter at his day than it might possibly or well be now. While many public characters were poor spell- ers, it would, perhaps, be difficult to believe that Gen- eral Jackson was as well up in this abstruse science as so fastidious a person as George Washington, al- though one of his biographers makes this extravagant claim in his behalf. But all of this amounts to little, especially considering the period in which these men lived. General Jackson was not what is usually termed an educated man at all, and perhaps, no intelligent person ever believed that he was. The particulars in which he was one of the most remarkable and able men, as well as the points from which he may be re- garded as one of the most thoroughly educated of his 30 LIFE AND TIMES OF countrymen, may be seen, to some extent, in the course of this work. The following letter, among the last written by the General to his friend, Amos Kendall, and found in the " Cincinnati Commercial," long since the foregoing views were placed in form, is supposed to be in word and letter as it came from the pen of its author, and is meant to illustrate his style as it would appear without the polish of a master : — " Hermitage. Jan'ry 15th, 1845 "My Dear Sir: Your confidential letter of the 5tli instant is received, and reaches me almost prostrate, so that I have scarcely strength to wield my pen. "I sincerely thank you for the date of Mr Munroe's letter to me on the subject of the Florida treaty — his pacific course towards Spain, and the extract of my reply. It proves one thing at least that Mr J. Q,. Adams' diary is false, for if he had requested Mr A. in February 1819 to consult me on the subject of the treaty, Mr Munroe would not have wrote me on the subject in 1825. The truth is I never heard of the Treaty until whilst under negotiation, or until long after I left the city in March 1819. The first I heard of it as I positively believe, was from Mr Munroe, in the fall of 1819, as I was escorting him thro In- diana & to Lexington Ky., when he applied to me to accept the Government of Florida, which I positively refused, altho on a third application and on condition that as soon as the country was received & the Govt, organized, I should be permitted to resign my military & civil oflSce. This was the way I got clear of my military office, as the rules & regulations of the War Dept. pre- vented an officer whilst under orders to resign, and from the close of the war until this arrangement I was kept constantly under orders. My answer was written before any information that a larger boundary than the Sabine could be obtained. Whilst Mr Munroe was under the abuse of Clay & others about this treaty, and the country in the hands of Spain no danger could be ex- pected from that quarter, whilst I knew from the projected inva- sion of Britain, thro the Floridas as long as our Southern Coast was open to British influence over our Indians, &c. &c., we were ANDREW JACKSON. 31 vulnerable from that quarter. The Indians removed west Great Britain gains an ascendancy in Texas, [&] the same danger arises, as I apprehend from Florida. The moment I got hold of Mr Erving's papers, and found that we could have got Texas as far as the Colorado, or Rio grand, I was truly astounded, and at once tried to obtain a retrocession & believed that Mr Munroe had been imposed upon by Mr Adams witholding Erving's Com- munication from him, &c. &c. Thus was my approval iu 1820 drew from me by Mr Muuroe's letter, which, if my recollection don't fail me, will be found the only approval I ever gave to that unfortunate & ill-advised treaty, under the circumstances it was entered into. At that time Devries had alarmed the Executive & the heads of Departments, until Mr Jefferson wrote Mr Mun- roe that all my acts in Florida were Justifiable on the broad basis of well acknowledged international law, and all he had to do to satisfy all Europe on this point was to address a circular to our Diplomatic Corps at all the Courts in Europe, that his command- ing . General had done no act but those well warranted by the laws of nations under the circumstances of the case. This was done ; all clamour ceased ; the Executive got calm, and hence his letter to me of the 23d of May, &c., this letter of Mr Jefferson's, Mr Munroe shew me in '23 when I went to Congress as Senator. "1 have wrote Major Lewis to apply to Mr Governeur for copies of all Mr Munroes private letters to me & my answers, as it is probable several of them got burnt with my House. I think the one you have is the only one that treats upon the subject of the Floridas and Texas. "My family all Join me in kind salutations to you & yr amiable family. Yr friend sincerely "Andrew Jackson. "P. S. I write from memory & only pretend to give the sub- stance of Mr. Jefferson's letter. "Amos Kendall, Esq." 32 LIFE AND TIMES OF CHAPTER III. THE YOUNG WHIG SOLDIER— WAS GENERAL JACKSON A SCHOOLMASTER ?— NOW AND THEN— A PICTURE. BEFORE entering upon any statement touching General Jackson's professional education, a very important subject deserves some attention, the honor- able part he took in the Revolutionary War, a more congenial field for his talents. His mother and her relatives stood firmly on the side of the Continental Congress, and were staunch Whigs and patriots. They remained in comparative peace, however, until 1779, when the British began to turn their attention to the South. In the winter of 1778 Savannah fell into their hands, and early in the following spring they invaded South Carolina. On the 20th of June an assault was made upon the British at Stono. Hugh Jackson, the oldest of Mrs. Jackson's sons, was in this engagement, and died soon after from heat and fatigue. On the 12th of May, 1780, Charleston and Gen- eral Lincoln's army were captured, and Georgia and South Carolina came under the authority of the British. Over all this subjugated territory there was soon inaugurated a dreadful partisan warfare. Many of the supporters of the royal cause entered the British service or banded themselves together to murder or prey upon their patriot neighbors. Opposed to these on the American side were such ANDREW JACKSON. 33 leaders as Francis Marion, Thomas Sumter, Peter Horry, John A. Washington, William Richardson Davie, and others. Besides becoming a terror to the Tories throughout the country, these men and their determined Whig followers distinguished themselves in many a deadly conflict with the " Red Coats." But a match for any of them was Banaster Tarleton, the renegade son of an English preacher. Tarleton and his men were as remorseless as were the Johnsons and their Indians at the north. He hoisted the black flag, and wherever he appeared, it came to be understood, there would be no quarter. A similar spirit was kindled in the Americans, and the result was a bloody guerrilla warfare. The flames devoured what escaped the sword. On the 29th of May, 1780, a body of four or five hundred men under Colonel Buford, who had failed in their attempts to join General Lincoln at Charleston, was attacked by Tarleton at the Waxhaw Settlement, and two-thirds of them killed or wounded. One hun- dred and fifteen of the Americans were actually killed in this engagement, and here Andrew Jackson took his first lesson in war. Soon after this aff'air, he and his brother Robert entered the regiment of Colonel Davie, or accompanied it, and were present at the battle of Hanging Rock, on the 6th of August. Andy was then certainly a very young soldier, and, perhaps, did not participate in this engagement, al- though he was present; nor does it appear that he was at any time connected with any of the Whig par- tisan organizations. Yet he had his gun and horse, and was either traveling up and down the country with his mother and other Waxhaw people, or was following 3— G 34 LIFE AND TIMES OF Colonel Davie, who was his model soldier. Between this course and that of taking the oath of allegiance to the British Crown there was no alternative. But the conquest was not effectual. The patriots fought and fled, and returned to strike, when least expected. Those who were not for them were against them. Every man's hand was against his neighbor. Whigs and Tories were bitter foes. No opportunity passed without deadly conflict between them, or a race for life. In this school young Andy was taking his first most lasting and valuable lessons. In several of these partisan conflicts he was directly concerned, and in two or three instances was instru- mental in saving the lives of Whigs, who only visited their homes in the night, or under watchful escorts. Some time in 1781, forty good Whigs, among whom were Robert and Andrew Jackson, were surprised by a squad of British at the Waxhaw meeting-house ; but the Jackson boys managing to escape, were the next day captured while getting food at a friendly house. Soon after this event Andy was ordered by the officer of the squad to clean his boots, but this service he declined, pleading that he was a prisoner of war and should be treated as such. This enraged the officer who made a stroke with his sword, which the soldier boy caught on his hand, leaving a mark that he always carried. For a similar offense Andy received a slight sword gash on his head. The Jackson boys now spent some time in prison at Camden, from which they were released finally, partly by the interference of their mother. Here they had the small-pox, through which Andrew was safely nursed, but the scars of this disease remained to ANDREW JACKSON. 35 remind him throughout life of the British prison pens at Camden ; and, perhaps, his experiences at this time were not forgotten in his dealings with the British many years subsequently. Although there is some diversity of opinion as to incidents in General Jackson's Revolutionary War record, the facts here given rest substantially upon his own statements. The war had not benefited young Jackson, nor advanced him in the estimation of his mother's kindred. If he had exhibited spirit, bravery, and patriotism, he had also been developing into an ungovernable man of undesirable and evil habits. For a time he lived with Thomas Crawford, but having a quarrel with an officer stopping with the family he was compelled to take up his residence with Joseph White, another relative. He had now fallen into gaming, cock-fighting, and other disgusting and debasing practices, and to help him on in these accom- plishments he spent a part of 1782, with "fine" war- made acquaintances in Charleston. Although greatly concerned, it is said, years after- wards, about the burial-place of his mother, the subject evidently did not occupy his mind at this time. Fool- ish and immoral society was then of more importance. He remained in Charleston until his money was gone, and until he was in debt for his boarding, when he staked his horse against two hundred dollars at a gambling den ; won, got the money, played no more at the time, Daid his debts, returned to the Waxhaws,, and began to mend his ways. While living at Joseph White's he had worked at the saddler's trade, but apparently with no other object than to be doing something. He now went to work 36 LIFE AND TIMES' OF with some evidence of purpose, and, as unreasonable as it may seem, probably spent a part of a year or two in " teaching school." He had at least learned arith- metic, and reading and writing, to some extent. But not half a century ago in country schools and little towns, grammar and geography and still more mysteri- ous and far-fetched things were not requisite always for schools. To the " Rule of Three " was absolute greatness ; and even at this day, it is not impossible to find windowless log school-houses where the only ac- complishments of teacher and pupils are " spell'n, read'n, writ'n, and cypher'n." I have been on the spot on the bank of a certain river where had stood a log school-house in which the " master " and the men, women, and children of the neighborhood had assembled for the last " spelling bee," and after spelling, drinking whisky, and having all the " fun" they could think of otherwise, sagely concluded that since they were all educated and needed no more schooling, the temple of learning would henceforth be useless, and therefore putting their shoulders together threw it into the river. In 1859, in the same region, I visited a school in session. The children ran to the door and the cracks between the logs to see us hitch our horses to the saplings. We entered and took seats on a bench by the " master." On long, high b'enches, sat the children, of all ages, from five to sixteen, with dirty, .bare feet and legs dangling above the floor. The " master's " tongue was loose. While he talked to us, the children looked and listened. He finally said to a big girl : " Caroline, you hear some of them little ones say." Caroline was an assistant pupil for such press- ing occasions, and doubtlessly became a teacher herself. ANDREW JACKSON. 37 She immediately began the work, with her finger motioning one little one after another to her side, and having with great expedition, heard them all " say," she modestly resumed her occupation of looking and listening. The " master " suddenly bethinking himself called out : " Come, some of you, and say to me ! Have you all said ?" The general response was that all had "said." The "master" appeared relieved, and turning to us, made the following announcement and proposition : " I '11 turn them out awhile, and if you have some marbles with you we '11 take a game. I do n't feel a bit well anyhow. I got drunk Sunday, and have n't got over it yet." They were turned out, but the game was not played, as none of us had ever engaged in so groveling and detestable a game. Examples of this kind, as extreme as they may seem, are by no means confined to the mountain regions of certain States. While it is no part of the purpose here to show that Andrew Jackson was really a " master " of this type, or that he " kept a school " of this kind, yet to those who have not been blessed with opportunities to see these things, the illustration may serve to show what it was to "teach school" ninety years ago in the backwoods of the Carolinas. General Jackson, as boy or man, in the capacity of a school-teacher, could not possibly be looked upon with any other sentiments that those of curiosity and ridicule, if not disgust. 38 LIFE AND TIMES OF CHAPTKR IV. JACKSON BECOMES ATTORNEY FOR THE WESTERN DIS- TRICT—EMIGRATES TO NASHVILLE— MARRIAGE— THE DUELIST— THE STATE CONSTITUTION— A NEW FIGURE IN CONGRESS. IN the winter of 1784 Jackson began the study of the law. The opportunities for this profession had never been so great in the history of the American Colonies. The close of the war created a new order of things, and of necessity, opened a large field for legal processes. It did two things especially beneficial to good Whig lawyers, who had been tried in the fiery ordeal, it threw the Tories out of practice mainly, and laid the foundation for innumerable disputes which could not be adjusted outside of the courts. Jackson and his friends saw the rare opportunity, and of his qualifications, fitness, and ability there never was a period in his life, when he entertained any serious doubts. Of his mother's design he lost sight, if he had ever entertained a sober thought about it. As a Presbyterian or Hardshell Baptist preacher, the figure would have been still more ludicrous. He decided to be a lawyer, and that was what Andrew Jackson was going to be. Waightstill Avery, of Burke County, North Carolina, was a lawyer of repute at that day, and under his guidance, if possible, Andy determined to gain the necessary knowledge to ANDREW JACKSON. 39 set him up in the world as Andrew Jackson, Attorney at Law. That would sound well enough ! It was the way to a grand and entertaining future. Accordingly, mounted on his horse, and carrying with him all he owned in the world, he set out for Burke County. To the Waxhaw Settlement he never again returned ; nor did he ever afterwards visit the numerous relatives of his mother in the Carolinas ; nor, indeed, in any way, have any connection or asso- ciation with them. In mutually ill-feelings they had parted. They deemed themselves fortunately rid of a " hard customer," and, perhaps, the most surprised people on earth at his extraordinary successes through- out life, were these Carolina relatives. Not being able to make the arrangements he de- sired with Mr. Avery, Jackson took up his residence at Salisbury, an interesting old North Carolina town ; and here in the office of Spruce McCay, with two other young men, he read law for a time. But he fin- ished his preparation for this learned profession at the end of about two years, under John Stokes, who had been a brave Whig soldier, and subsequently became eminent as a lawyer. During this time he had sup- ported himself by such means as came in his way, not always, perhaps, to the advantage of his reputation. Early in 1787, he was licensed to practice law in North Carolina, and in the fall of that year, set out to try his luck. His change of pursuit had not im- proved his manners and reputation, and like the Wax- haw people, the good citizens of Salisbury were glad to get rid of a young man whose loose moral and social practices were not beneficial to their community. He was still a whisky-drinker, and had not abandoned 40 LIFE AND TIMES OF cock-fighting and cards ; although, after winning the two hundred dollars at Charleston in 1782, General Jackson said that he never again played for stakes. The exact facts about this matter he may have for- gotten, as it is believed that he did not give up betting, especially on horse-racing, until late in life. At Salisbury he was distinguished, not as a hard and successful student of law, but as a judge of horses, a patron and agitator of racing, and a leader in mischief of every kind. Indeed, he stood at the head in these things. Although he had not a free passport to good society, he was, for all that, a great beau. He was then over six feet tall, and almost as thin as a rail from head to foot, and was unfortunate enough to have expressionless blue eyes. But he was singularly graceful, dignified, and attractive in his movements, and besides this actually had the reputation of uncommon attainments for his neighbor- hood and times. Many stories told about his doings while " studying law " at Salisbury, are naughty in the extreme, but even in these stories there runs evidence of the strong traits which marked his char- acter in after years. He did not enter the law profession with profound knowledge of any kind, but his other attainments were more in harmony with the demands of the times. Some of his qualities were in an eminent degree suited to the period, if not to the law profession. Vast or reliable legal lore is not absolutely essential to superficial eminence among lawyers even at this day. Jackson's bearing was magnificent and over- powering. He was honorable in a high degree, as honor went; was brave and adventurous; and always ANDREW JACKSON. 41 had the unspeakable advantage and faculty of passing for more than he was really worth. Yet few of his ■old Carolina friends were wise enough, and at heart able, to say that this bad, daring, unlearned, attract- ive, powerful, and worldly young limb of the law would ever make his mark, and place his name among the most distinguished and interesting in the history of man. After leaving Salisbury Jackson remained for some time, it is believed, at Martinsville in Guilford County, North Carolina, but made no headway in the law practice, probably engaging in clerking in the store of an acquaintance, or in other pursuits. North Carolina then extended to the Mississippi River, and embraced all of what is now Tennessee. The part west of the mountains was called the Western District, and was made of Washington County. In the spring of 1788, John McNairy was ap- pointed a judge of the Superior Court for this Western District, and his friend, Andrew Jackson, was ap- pointed attorney or solicitor for the same wild region. There were few lawyers in all that region then, and there had been little need for them. The position of District Attorney for it was not only of little im- portance, but few men could be found willing to risk its dangers and privations. This was doubtless one reason for the selection of Andrew Jackson. But there must have been other reasons. Jack- son's honorable Revolutionary record, the sufferings and patriotism of his family, his known daring char- acter, his high sense of honor, his unyielding and positive nature, his fitness for hardship, his natural adaptation to a stirring, active life, and his great 42 LIFE AND TIMES OF natural ability to judge and control men, already well understood traits in the character of Jackson, these must have been the main causes for his appointment.- Be this as it may, this appointment was the intro- duction to his long and eventful career. It was the very step he should have made had he been given his choice among millions. He was no great lawyer, nor did he ever become much of a lawyer, nor could he ever have become such in any old community. His was the character for a pioneer under rough circum- stances, and few men could have been more useful as such, and probably no other could so well have repre- sented the times, the people, and the circumstances in which he rose. Early in the summer of 1788, Attorney Jackson started from Morgantown in the company of Judge McNairy and others to hold court at Jonesborough across the mountains, a settlement then eight or ten years old, and the principal one in East Tennessee, and also at Nashville. Jonesboro (or Jonesborough) was then a town of more than half a hundred log cabins, and was the great starting point from the west side of the Alleghanies to the settlements on the Cumberland. They remained at Jonesboro but a few weeks, when with a company of emigrants they were escorted by a military guard, one hundred and eighty miles to Nash- ville. This beautiful region was then inhabited by Indians who considered every step made by the white race as aggressions on their ancient God-given domain. On this perilous journey Attorney Jackson had the good fortune to be of more than ordinary service. One night after the camp had been placed under ANDREW JACKSON. 43 guard and most of the women, children, and men had gone to sleep, Jackson sat long alone, until having fallen half asleep he was aroused by an incessant and not unfamiliar hooting of the owls in all directions not far from the camp. The sounds differed greatly, and some of them, it struck him, were not exactly in keep- ing with the regular sound he had often listened to from these birds. At once his suspicion was aroused. He believed these owls were Indians and that they had one object in view. The guards had not been sharp enough to detect this, but they were ready enough in recognizing something wrong about the hooting when their attention was called. At the suggestion of Jack- son, the camp was at once broken up and the march re- sumed at midnight. Shortly after a party of hunters came upon their camp-fires, and while stretched out at rest around them, were fallen upon by these owls and all murdered but one. This was a valuable beginning, and showed what kind of man the Indian was destined to have mixed up in his affairs. The company reached Nashville without accident, and Mr. Frost gives the following view of Attorney Jackson's immediate pros- pects and successes : — " After having experienced considerable detention upon their journey they arrived iu Nashville in October. He found the community in a situation which .endered his arrival a most for- tunate event. Many of the younger and more dissipated of the settlers had become deeply indebted to the merchants and trades- men, who were unable to obtain legal redress, because thedebtcjrs had secured the only lawyer in the county to their interest. Ihe defrauded ci editors hailed Jackson as a deliverer. They imme- diately beset him with applications for his services; and on the next morning after his arrival seventy writs were issued against defaulters. His professional career, thus auspiciously commenced, continued to be prosperous. The scoundrels, who had so long 44 LIFE AND TIMES OF gone unpunished, attempted to intimidate him, but to no pur- pose. Shortly after hia emigration to the West he was appointed by the Governor of North Carolina attorney-general for the western district. In this capacity he continued the same course of practice which he had commenced. He executed the laws with so much faithfulness that his life was more than once endan- gered; by his firmness and fearless conduct, however, he awed the cowardly ruffians who threatened to attack him, and brought them to justice. His duties as prosecuting attorney obliged him frequently to cross the wilderness between Jonesborough and Nashville, a distance of more than two hundred miles, infested with hostile Indians. Twenty-two times did he perform this haz- ardous journey, with no other companion than his horse and rifle. His eflbrts were rewarded by a lucrative practice, and an almost unbounded popularity, which was evinced at every opportunity by his elevation to offices of honorable trust." Seventy writs issued the next morning ! This was a wonderful leap into business, and may be taken as Mr. Frost's way of saying that Jackson was soon actively employed. Land claims, debts, and injuries done in one way or another by men to one another were the leading themes in the courts. With these Solicitor Jackson had his hands full. His business became extensive. Many times all, and always a large proportion of the causes were given to him. His serv- ices were soon called into requisition in every settle- ment in the district. He was the first licensed lawyer who practiced in Sumner County, and many were his long dangerous journeys to the different parts of this savage court circle. But he was the man for the occa- sion. Everybody confided in him. Everybody wanted him. Nothing turned up in which he was not in de- mand. Everything was thrust upon him. And he was equal to the emergency. Some ready resource for every occasion he never lacked, nor did he lose this faculty throughout his life. ANDREW JACKSON. 45 No man has ever been more fortunate. The wild active scene in which he was placed suited him so well, he became immensely popular. Greatness began to be thrust upon him, and it held to him. He rejected nothing. This was early and always his principle. Soon after reaching Nashville Jackson went to board and live in the family of the Widow Donelson. In her house were also her daughter Rachel Robards and her husband. Robards left his wife, and, to escape his persecutions, in the spring of 1791 she went down to Natchez to live with friends for a time. Ro- bards obtained a divorce, it was announced, and, as a matter of course, everybody believed that he had done so. Upon this information Solicitor Jackson, who had become greatly attached to Mrs. Robards, and who considered himself as the innocent cause of her trouble, went to Natchez and asked her to marry him ; and, accordingly, in the summer of 1791, they were mar- ried, soon afterwards returning to Nashville, where they lived justly respected and in great happiness. Yet this marriage was the source of Jackson's most violent spasms of temper and deepest feelings of pain, as may appear in another chapter of this volume. The country in which lawyer Jackson had settled was now constantly involved in wars with the Indians. In many of these conflicts Jackson took part, often as a leader. This position he took naturally, and, as in every thing else which he undertook, he made him- self felt. He acquired a reputation even among the Indians, at this time, which they never forgot. They called him " Sharp Knife," " Long Arrow," or some- thing of that kind; and came to know and- dread him as did his white enemies. He had many narrow escapes, 46 LIFE AND TIMES OF but was foremost in the risk of danger. The Indians had no more dangerous and desperate foe in all Ten- nessee. The most considerable expedition organized at Nashville against the Indians was known as the Nick- ajack expedition in the summer and fall of 1793. Against the will of the General Government, in the summer of that year, the Governor of Tennessee and his general of militia undertook to punish the Indians, whose main towns were along the south side of the Tennessee River about the northern border of Georgia and Alabama. Colonel William Whitley, of Kentucky, was really the leader of this expedition, but the command was ostensibly under Major Ore, whose troops were embodied with the semblance of regular authority. William Brown, who owed these Indians a great deal of ill-will, led the army across the Cumberland Mountains by routes well known to him. Less than three hundred of the men got across the Tennessee on the night planned for the attack. But these surprised the savages at day-break, and slaughtered many of them, women and children being among the slain. Two or three hundred of the helpless were taken pris- oners, and Nickajack and other towns destroyed. Ramsay, in his " Annals of Tennessee," says that Jackson was a private in this expedition, and that he really planned the attack on Nickajack. It is rare that a " high private " even is called upon to lay plans for the commander of an army. One thing Jackson certainly did, he had the expedition recognized and paid by the General Government, a thing which never should hav'e been done. Although it has usually been believed that Jackson was a private in this expedition, ANDEEW JACKSON. 47 it is quite probable that this is an error. He had acquired too much distinction as an Indian fighter to be allowed to go in that capacity among his neighbors and clients; and besides recognizing this fact himself, he was Territorial Attorney, and, perhaps, for once in his life, felt indisposed to be concerned directly in so important an undertaking when it was without the authority of the Government. At this period Jackson began his duel-fighting career. While it is the purpose to avoid in this work any systematic display of this most reprehensible and indefensible phase in the life of General Jackson, the facts concerning it will be presented with that stint which the moral bearing of the case seems to merit. His first duel was fought with Waightstill Avery, the old lawyer of Morgantown with whom he had greatly desired to study law. They were both attend- ing court at Jonesboro, and Avery happening to make some remark about Jackson's course which was taken as an insult, Jackson immediately wrote a challenge to fight and sent it over to Avery in the court-room. Although opposed to dueling Avery considered himself forced to accept, and just after sundown on the same evening, near Jonesboro, they exchanged shots with- out effect, then shook hands and were friends ever afterwards. Jackson was always ready to fight in any way, at a moment's notice, and notwithstanding the general cut-throat character of the times, the worst of men were afraid of him. This fact is well illustrated in one of his extraordinary feats while sitting as judge in court at Jonesboro. The constable had a writ for the arrest of Russell Bean, one of the roughest but most 48 LIFE AND TIMES OF physically powerful men in the country, and although Bean was stalking about the town the officer reported that he would not be arrested, and he was unable to make the arrest by force. Judge Jackson was not the man to submit long to such a state of affairs as that, and at once causing himself to be summoned to make the arrest, he quit the bench and started in search of his man. At first sight of him Bean changed his mind, and surrendered without a sign of resistance. Lewis Robards had had Jackson arrested at Nash- ville for threats upon his "peace and life, and he after- wards chased Robards with a butcher-knife, and ran him out of the settlement because Robards persisted in regarding his conduct as dishonorable towards Mrs. Robards. After a few unsuccessful attacks upon Jackson by the rough characters who were pushe'd by him in the Courts, he was mainly allowed to pursue his course without disturbance. Yet his professional troubles were of great variety and almost constant occurrence. Among other such marks of civilization introduced in the West in the early settlements, was that of cock-fighting. In this delightful and manly pastime, Andrew Jackson, the future hero of New Orleans, led the way, if he was not the originator of the business. As late as the 4th of July, 1809, in a celebrated chicken-fight at Nashville, he i« said to have won a section of land in a bet. The young men of the set- tlement, especially, followed him with great confidence, but it was many a day after this chicken-fight before he set many good examples for their imitation. At the beginning of 1796, Tennessee, or the terri- tory of which it was afterwards made, was found to ANDREW JACKSON. 49 contain over seventy thousand people. A convention for framing a State constitution was convened at Knoxville, January 11, 1796. It was composed of fifty-five members, five from each of the eleven counties. From Davidson County Andrew Jackson was one of the delegates. In twenty-seven day§ a convention made what was then considered an extremely republican constitution; and after allowing each member a dollar and a half a day, one dollar less than had been appropriated for the purpose, and paying the secretary, door-keeper, and other officers two dollars a day, nothing having been provided for that purpose, the convention adjourned. This was Attorney Jackson's first experience in a legislative body. He and Judge John McNairy were the two members from Davidson County on the com- mittee for drafting the constitution. Jackson favored the division of the Legislature into two bodies, and supported the declaration as to the equal share to this country in the navigation, of the Mississippi River, and he never did cease to be an enemy to Spain. He was certainly an important and influential member of the convention, although it does not appear that he took a leading part in its deliberations. On the first of the following June, Tennessee was admitted to the Union as the sixteenth State. The new State had but one Representative in the Lower House of Congress, and in the fall of 179G, Andrew Jackson was chosen to fill that place. On the assembling, of Congress, December 5th, at Philadelphia, he took his seat. No man, perhaps, more honestly felt his unfitness for this position than did General Jackson, and, to a great extent, he avoided a display of his defects. 4— G 50 LIFE AND TIMES OF During his short service in the National House of Representatives he was mainly a silent member. His votes on measures before the House very fully attest his character, and his readiness at any time to oppose what he thought wrong, no matter from what source it came. The small minority which operated without union, and with which he mg,inly v.oted, indicated his natural independency. He had the pleasure or mor- tification of hearing General Wfishington deliver his last annual speech to Congress, and of seeing the pompous ceremonies of that day on the retirement and inauguration of a President. He was one of the twelve who voted in the House against the eulogistic response of that body to the President's speech, im- plying a censure of his Administration. Although this act denoted Mr. Jackson's independence of judg- ment and feeling, probably, it was hardly commendable or necessary to make the display of the quality on that occasion. There were men all through the Revo- lution, like Charles Lee and Aaron Burr, afterwards a friend of Jackson, who pretended that they never saw much to admire in General Washington, and some of them, perhaps, unwhimsically opposed him on general principles. Andrew Jackson, in the very nature of the man, could never have been a warm admirer of George Washington. During the winter the subject of paying the men who served in the Nickajack expedition came up by Hugh L. White's sending his claim to Congress as a test case. It now became necessary for Jackson, as the only Representative from Tennessee, to present and defend the claim. The troops had been called out and the expedition undertaken without the consent of ANDREW JACKSON. 51 the Government, and upon the necessity of the expe- dition there was a division of opinion. On the 29th of December, when White's petition was introduced, Jackson made his first speech in Con- gress ; and on the following day, when the question was up, on his own resolution he offered some addi- tional remarks to the point, which were characteristic of the man, but in a limited sense. The appropriation was made, but not without the aid of such men as James Madison. Jackson voted against buying peace or paying tribute to Algiers; against an appropriation to re-furnish the President's house ; in favor of restricting carefully all public ap- propriations ; and in favor of completing the vessels of war in process of construction. But the brief speeches named here were about the extent of his speaking during his service in the House, as with the close of the session, March 3, 1797, he withdrew from that body, with the approval of his constituents upon the course he had taken. Tennessee was so republican that the first governor was called " Citizen John Se- vier," and Jackson had well maintained her republican character. While she aped France in some respects in her extreme democracy, in other respects she was far too despotic for the straitest descendants of the Federalists in 1876. If Jackson had done nothing else while in the House of Representatives than secure the payment of the Tennesseeans for the expedition of 1793, it would have been enough to make him immensely popular. Whether this affair was right in itself, and whether the Government "should have paid the soldiers for their time, and defrayed the expenses and losses of 52 LIFE AND TIMES OF the expedition, or whether it was not enough that the country at large should have provisioned the expedi- tion, are questions not necessary to be decided here. A vacancy now occurring in the representation in the Senate of the United States from Tennessee, and notwithstanding the incongeniality of such employ- ments to Jackson, and his unfitness for them, he was elected to fill the place, and on the assembling of Con- gress in the fall of 1797 took his seat in the Senate. Little is recorded of his actions in this body. He was mainly a voter, and a discontented looker-on. He was one of the straight Jeffersonian opponents of the Ad- ministration. Law-making never could have been to his taste. He had neither the ability nor the inclina- tion to exercise the patience and undergo the slow processes of discussion and circumlocution in a legis- lative assembly. At the time of this visit to Philadelphia, Jackson met Edward Livingston, with whom he remained on intimate terms ever afterwards. He greatly admired Livingston, who possessed none of his own qualities, and Mr. Livingston fully and freely returned the friendly feeling, affording one of the rare instances of accommodation in very diverse characters. At this time it was that Mr. Jefferson saw the dis- plays of temper and want of reason in Jackson which, in part, caused him to regard the General's elevation to the Presidency with great concern. Mr. Jefferson admired Jackson's soldierly qualities and republican politics, and supported his course in the Indian and Spanish difficulties in 1818 ; but the general make-up of such a nature could not have much in it to the taste of Mr. Jefferson. General Jackson, on his part, ANDREW JACKSON. 53 was never a warm admirer of any of his predecessors in the Presidency. Tired of Congress, and impatient to be engaged in matters more to his taste, in April, 1798, Jackson re- turned to Nashville, and soon afterwards resigned his seat in Congress. The great object he had, doubtlessly, in quitting a position in which he very well knew he could not shine, was the advancement of his pecuniary interests. He was bent on making a fortune. He knew how to take advantage of the opportunities then so golden in Tennessee. His professional services brought him large returns in land, especially. "A mere song" obtained him the title to many a section and quarter-section of land. After the Nickajack ex- pedition Tennessee had little more serious trouble from the Indians. The country improved rapidly and emi- grants came in a continuous stream. Land advanced in price, and Jackson's fortune expanded with extraor- dinary rapidity. ^ 54 LIFE AND TIMES OF CHAPTER V. ANDREW JACKSON AT THE BEGINNING OF THIS CENTURY- SUPERIOR JUDGE— GENERAL OF MILITIA— TRADER AND HORSE-RACER. ALTHOUGH Andrew Jackson had now reached a certain degree and kind of popularity in Tennes- see, he had not held any important office in the new State ; and it would be somewhat difficult to estimate the good he had done it, or to strike a balance between his good and bad. He was still Andrew Jackson, At- torney at Law, trader, merchant, and farmer. In the law itself he had made no reputation. Nor did he ever do so. He was never a lawyer. His mind and tastes were unsuited to the law or any other profes- sion. What of law he knew, which was little, he gathered from necessity, not from preference, and his legal learning and pursuits had little influence on his character. These were mere instruments in the hands of a nature which they could not materially affect. In his " History of Middle Tennessee," Mr. Putnam says that as Prosecuting Attorney Jackson had the reputation of doing things thoroughly. He was the man to correct a wrong that lay in his way. The evil- doer had little chance for escape if Mr. Jackson con- sidered himself responsible for his punishment. For such a community the office of District or Territorial Attorney was in efficient hands. It was a position in ANDREW JACKSON. 55 which personal force was often more eflTective than legal lore. It had qualities which appealed to the nature and tastes of the Prosecutor. Jackson had helped, to some extent, in the produc- tion of a constitution for the new State. He was then honored by being made the first Representative of his State in the Lower House of Congress, and his two brief speeches in that body seemed to be of benefit in throwing the expenses of the Nickajack expedition from the State to the General Government. Of this position he became weary before the expiration of his term. When one of the first United States Senators from the State had been expelled from his seat, Mr. Jackson was given a trial as his successor; but this still more important trust was .not to his liking, and even before the end of the first session he returned home, and never again resumed his seat. In this double Congressional " service " or employment, he did nothing to distinguish himself, but something to be remembered against him in after times. He first arrayed himself with the small faction against the Administration of General Washington, and voted against the kindly address, the last one to be made, to the first President, who weary of the turmoil which surrounded him, was about to withdraw forever from public station, willing to intrust the Government he had done so much to establish to the wisdom and patriotism of his countrymen. Most of the twelve men who voted against this address in the House, tried then 'and afterwards to justify their course in an at- tempt to distinguish between General Washington and his Administration ; but in this they were not success- ful, as time and history have not sanctioned the apology 56 LIFE AND TIMES OF or the distinction. The stubborn William B. Giles, one of the twelve, was perfectly willing to have it known that he was opposed to General Washington in person, and believed that the country could get on very well without him, and that it would have been greatly blessed by his earlier retirement. The Administration was not a thing by itself, with- out the President, to be opposed ; and if it had been, time has not justified the wisdom of the opposition. Even Mr. Hamilton's funding system and the assump- tion of the State war debts, long, long ago ceased to be regarded as doubtful measures. The financial policy and the entire work of the Administration, excepting the Bank, have, by the progress of events, been placed beyond the domain of dispute among all grades of statesmen and patriots. The verdict of history is against the factious opponents to the Administration of Washington, whether they were in Congress or in the Jacobinic clubs. In the Senate under a new, but still a Federal Ad- ministration, Mr. Jackson was not more successful in his course. Here, according to Mr. Jefferson, who watched him from the chair of the Vice-President, he ap- peared to sit in a constant state of wrath, so much so that if he attempted to speak he was choked by anger. But he was an unyielding Jeffersonian opponent to the Administration, and usually voted with the opposition. The Bank of the United States in the first, and the Alien nnd Sedition Laws, in the second Administration have always been debatable themes, and beyond these the judgment of time has been, in the main, against the Republican (Democratic) opposition. But both of these measures seemed to be well founded on the ANDREW JACKSON. 57 . necessities of the times. These necessities arose again, and Mr. Madison deemed it well to re-charter the Bank. Nothing better had been devised, and its sudden death was one of its greatest evils. Extraordinary emer- gencies occurred under a Republican Administration for the use of the Sedition Law, and such emergencies may ever be possible. At this date Attorney Jackson had done one other thing which was of great benefit to him, while it never ceased to be the source of most of his troubles ; he had married the wife of Lewis Robards. That Jackson's skirts were entirely clear in the circumstances which made this marriage desirable, it may not be easy to demon- strate ; but that his conduct was that of a lawyer, or even of a person ordinarily considerate of consequences, it would be useless to maintain. General Jackson's mode of defense was not painstaking and fair argu- ment, not a careful and wise provision against future chances and evils ; it was fight and physical force, and in this way he attempted throughout his life to correct the misstep he had taken and to defend his wife's character, which was all he represented it to be, from the villainous tongue of slander, that reason and truth could not silence. The provocation was very great, and the case- was so peculiar that the slander always started out with a truth, against which Jackson's flame and character did not permit him to secure himself and his wife from the evils to come. But a clear presen- tation of this subject is reserved for another chapter. One of Jackson's strange friendships, formed in Philadelphia in the winter of 1797, was that with Aaron Burr. Burr was one of the most fastidious men in his tastes and habits who ever gained public 58 LIFE AND TIMES OF recognition in this country. But his loose morals enabled him to find something agreeable in the ways of Jackson, and his attachment was increased by the kind of heroic and dignified chivalry Jackson cast around his own crookedness. Burr's friendship was far-reaching. He rightly saw that this roughly hewn stick was destined to be a power in the West. He was always looking to the future, and this new acquaint- ance was to serve him in a scheme about which he was even then dreaming. But the selection of such a character to be a tool was Burr's mistake, and this he learned in the days when all men had deserted him. Soon after resigning his seat in the Senate of the United States, Governor Sevier appointed Jackson to be a Judge of the Superior Court, and the Legislature con- firmed the appointment. Notwithstanding the miser- able salary of six hundred a year paid to this office, he accepted it, and continued to discharge its duties for six years. In 1801, he was also elected commander of the district militia, with the rank of major-general, a posi- tion for which he was suited, and which he strongly coveted. For this office his competitor was John Sevier, one of the leaders in the famous battle of King's Mountain, and one of the most woithy, as well as brave, among all the early settlers of Tennessee ; a man who had filled more public positions successfully, and led more expeditions successfully against the Indians than any other man in Tennessee ; physically, socially, and morally, a model Western man. The election for this position was made by the militia officers. The vote was a tie between the two candi- dates, and, strangely enough, the Governor was allowed ANDREW JACKSON. 59 to cast a vote in the case, which he did in favor of Jackson. This incensed Governor Sevier, and presented a new cause for the ill-feeling that existed between them. But Jackson had been the means of exposing the extensive frauds in land titles in Tennessee, and Sevier was rep- resented as being concerned in these speculations. As judge, some of these cases came before Jackson, and here all the old troubles with Sevier were revived, and an almost incessant war was waged between them. They were ready to fight whenever they met, on horse or in any condition. Jackson, while holding court in East Tennessee, where Sevier lived, challenged Sevier to fight a duel, and then, because Sevier delayed making the arrange- ments for it, advertised him as a coward, an act which showed his foolhardy and inconsiderate way of doing things, as everybody', including himself, very well knew that what he had done was untrue. This Judge of the Supreme Court, and ex-Governor, Citizen John Sevier, then arranged to meet near Knoxville and fight like cocks, the best they could with their fists. Jackson went over to the spot near the border of the State, and actually waited there two days, it is said, for Sevier. He then set out on >is return to Knoxville, at that time the Capital of the State, determined to bring Sevier to a fight wherever they should meet. He had not gone far until he dis- covered Sevier approaching with a retinue of the friends of both. In the meantime he had made a statement in writing touching the nature of the quarrel between himself and the Governor, and this he sent forward, 60 LIFE AND TIMES OF but Sevier declined to receive it. Smarting under this new wound, Judge Jackson fixing himself in his saddle and using his cane for a spear spurred forward his horse with great impetuosity to the assault. The Governor, unwilling to withstand the furious knight on horseback, sprang to the ground, but in doing so entangled himself in his military trappings. Friends rushed in at this juncture and arrested further hos- tility. They now became partly reconciled, and rode in company back to Knoxville. This was the last time these two belligerent spirits met in a hostile manner, but no great degree of friendship was ever restored between them. The mischief began in this case by Jackson's revealing, about the close of his "service" in the Senate, to the Governor of» North Carolina, some fraudulent transactions in land titles in which it was held that Sevier had been concerned. The ill-feeling had been greatly aggravated by the* race for the command of the militia in 1801, when Sevier was temporarily out of office. Then Sevier had committed the unpardonable sin of mouthing the sacred name of Rachel. But a more disgraceful affair never occurred, perhaps, in this country between men occupying public stations, and possessing any right to demand respectable consideration. About this time Judge Jackson also fell out with his old friend, John McNairy, from a trifling cause, and this, like most of his quarrels, was never settled. Weary of his legal pursuits he resigned his judgeship, July 24, 1804, for the purpose of devoting his attention to business, and the quiet of his home. He was, no doubt, urged to this course by the incessant turmoil in which he lived. It was impossible for such a man ANDREW JACKSON. 61 were to get along without trouble. His enemies numerous, and of the most desperate kind. He had made them by his impetuous and evil temper, and by his honest and just rendering of the law in the cases that came before him. In his time no record was kept of the decisions of his Court, and consequently none of his judgments are known now. He himself kept no record of his own acts, or those of any other man. It was not to his taste to do anything of the kind, and he had serious doubts as to the use to which such records could sometime be put. He once said that J. Q. Adams's Diary would be the death of him. But he was mistaken. Missiles false or true seemed to strengthen him with the masses, some of whom vote and swear by him even yet. Judge Jackson was now without incumbrance by public positions. The military office he held, besides being to his taste exactly, did not, in the least, stand in the way of his other pursuits. It was little more, for years, than a matter of occasional parades and displays of horsemanship and soldier's tinsel, of which General Jackson, or as he still called himself, at times. Judge Jackson, was as fond as he was of chicken- fighting. He was now not Lawyer Jackson, he was free from all his incongenial occupations. But he had left the " Bench " and all his former pursuits, mainly for the purpose of giving his attention without dis- turbance to money-getting. From the time of his settlement at Nashville he had steadily had this object in view, and had not hesitated to go outside of his "profession" m any direction which promised success. In one way and another at the time of his resignation of the judges 62 LIFE AND TIMES OF position he owned between twenty-five and fifty thou- sand acres of Tennessee land, a considerable portion of which was near Nashville, and a part of which afterwards became the "Hermitage." While in the Senate he had sold some lands to David Allison, of Philadelphia, and with the notes he bought a large stock of dry-goods suited to his market. He followed this to Nashville, and established a trading-post on his own lands at Hunter's Hill, ten or twelve miles from home. But Allison failed, and Jackson had to pay the notes which he had exchanged for goods. This piece of ill-fortune greatly embarrassed him, and was one cause of his quitting the " Bench " in 1804, a posi- tion for which he was, in most respects, totally unfit. From this time forward he did not concern himself about learned offices. He was general of the militia, and that was enough. Farming, trading, selling goods, raising and dealing in horses, etc., were his occupa- tions. With him, in the mercantile branch of his business was John Hutchings, and later both Hutch- ings and John Coffee. Hutchings was a relative of Mrs. Jackson's, and John Coffee, after this partnership was formed, married her niece. Jackson now found it necessary to sell a part of his land to pay his Philadelphia debts, and in 1804 or the next year moved onto that tract which became his permanent home and which he called the " Hermitage." Here for a long time, day after day, he sold goods in a log store. Jackson, Coffee, and Hutchings for a time engaged in flat-boat making, and themselves traded largely down the Cumberland, Ohio, and Mississippi. In this appendage to their main business, as in every- thing else, they got little ready cash. They merely ANDREW JACKSON. 63 took in exchange for their commodities, cotton, furs, grain, meat-, whisky, produce, everything that could be turned into money, an exchange they made in New Orleans. But their river traffic was difficult and not very successful. On his farm Jackson, in a way, kept fairly up with the times, if such an expression may be deemed applicable to that period and state of society, but he did not make the remotest attempt to farm on scien- tific principles. He simply kept up as well as he could, with the condition of affairs as made by others. When there were but a few cotton-gins in the State, he owned one of them, and on it ginned his own cotton, and that of his neighbors, and the unginned material for which he traded in his store. He also raised fine horses. During all this time he seldom took a law case, and finally ceased to do so entirely. He studied very little, and never did at any time know or care a great deal about law. Although living quietly and happily at home with a wife whom he adored, and who, to a great extent, managed the large number of negroes he collected about him, his life at this time was reckless, dissi- pated, and far from exemplary in most things. He drank a great deal, even to the verge of booziness ; played cards for money; engaged in horse-racing and cock-fighting, and, in fact, in every wild, vulgar, or disgusting practice of the locality. Considering the positions he had held, and his age and business sur- roundings, his course of life was remarkable, and up to the beginning of the War of 1812, a strange medley of good and evil. Although withdrawn from pursuits for which he 64 LIFE AND TIMES OF was not adapted, and holding no public position except that of district commander of militia, yet in this blank period of eight or nine years his career was not with- out interest and example. In the main the example was evil, and had these years been blotted out Gen- eral Jackson's reputation would be more deserving to- day, and, at least, less shameful to his countrymen. There can be few palliating circumstances discovered in this disgraceful period. General Jackson usually carried a sword by his side when in public, and this was deemed useful as well as ornamental. But the great mass of Western and Southern men stalked about armed at that enlight- ened era. It was a rude, savage age, and on the bor- der, especially, the men partook of the customs and nature of the savages with whom they traded or fought. To the savages they gave their evils, seldom their virtues. Nashville was then one of those centers of Western civilization which would have compared in kind with Spain at any time since the days of Don Quixote. Cock-fighting and man-fighting were as no- table as bull-fighting in Spain, and often with worse results. Unfortunately this kind of civilization has always, in some degree, marred the border history of the Nation. ANDREW JACKSON. 65 CHAPTER VI. JACKSON AND THE BENTONS— FIGHTS AND DUELS— A NA- TIONAL DISGRACE— WOUNDED FOR LIFE AT LAST. I N one of his last panegyrics on Jackson, Amos Kendall wrote as follows : — "The event which established Jackson's reputation in Ten- nessee was his duel with Dickinson. At the time of his advent at Nashville there was in that place a club of profligate young lawyers, who had entered into an agreement not to bring suits against each other. The consequence was that other citizens were without remedy when a lawyer was the debtor or offender. The aggrieved citizens went to the new-comer, who did not hesitate to take their cases. The conspirators found they were no longer to contract debts and commit outrages with impunity, unless this intruder were put out of the way. Their best shot was, there- fore, put forward to insult and then shoot him in a duel. Jack- son knew that he must kill or die. By the rules of this horrible game, either party may reserve his fire for a definite period after the word is given. Jackson reserved his fire, and Dickinson's ball cut a furrow across his breast, nearly burying itself in its passage. Without the change of a muscle Jackson buttoned up his coat, leveled his pistol, and Dickinson was a corpse, being shot through the head. Jackson's friend, afterwards Judge White, did not know that he was wounded until they had ridden some miles from the field, when he observed blood at the top of Jackson's boot, where it had run down under his clothes from his breast. These particulars I had from Judge White himself. After that wonderful exhibition of nerve, no one ventured to insult the young lawyer or doubted his courage." A duel established his reputation! Perhaps no man, friend or foe, savage or civilized, now living in 5— G 66 LIFE AND TIMES OF the State of Tennessee, would attempt to justify this duel with Dickinson. It is wonderful, too, that this old defender of General Jackson would so misrepresent the facts in the case, and at that late date contra- dict his own former statements, as there are really but two truths in the foregoing quotation, and those are as to the mere occurrence of the duel, and the spirit and character of the times. General Jackson's most heinous and cold-blooded duel was that in which he murdered Charles Dick- inson, but his most ridiculous and disgusting " affairs " were with John Sevier, a few additional remarks con- cerning which may not be deemed amiss at this point. In the fall of 1798 John Sevier, then Governor of Tennessee, wrote to Jackson offering him the appoint- ment of Judge of the " Superior Court of Law and Equity," " with much respect and esteem." Hence, so far as Governor Sevier was concerned, these two men were friends at that time. Jackson subsequently de- nounced Sevier as interested in the land frauds. How- ever this may have been in fact, Sevier was again elected Governor in 1803, and was subsequently a member of Congress, so that the majority of his con- stituents either did not believe this charge against him, or did not regard it of consequence. Other causes of their quarrel have been mentioned. Whatever the causes were they were hostile as savages at the time Sevier was making the race for Governor in 1803. Judge Jackson was in Knoxville on official business when Sevier happened to be there making a speech in his own behalf, a practice pretty much always in vogue in the South and West. The Judge entered the crowd of listeners, and soon found himself receiving ANDREW JACKSON. 67 a tongue-lashing from the speaker. He answered back, and the Governor retorted ; and, finally, making some reference to Mrs. Jackson, the Judge at once rushed furiously through the crowd with drawn cane. The Governor flourished his sword, and friends drew their pistols, things these gentle Christian ancestors always had about them ; but the future hero of many battles was carried away, while the old soldier of King's Mountain hurled defiances and challenges after him with more pretension than he really felt disposed to make good. General Jackson's next " affair " of note was that with the young lawyers, Thomas Swann and Charles Dickinson. The Dickinson duel created a deep and lasting feeling in the community, and involved many other persons. Its origin was laid in a proposed horse-race, in which General Jackson was a principal actor. The race was to be run by his horse, " Truxton," on a wager of two thousand dollars, and a forfeit of eight hundred. The other horse was owned by Dickinson's father-in-law, Joseph Ervin. This horse was with- drawn and the forfeit paid in notes. But Thomas Swann, a reputable young lawyer whom General Jack- son was disposed to call " no gentleman," a meaning- less thing often coming from excited, foolish, and thoughtless persons, put out the impression, as if from Dickinson, that Jackson had said that the notes were drawn in a form contrary to the original agreement. This, of course, incensed Jackson with both men. But it is usually believed that Dickinson had spoken with disrespect of the "sacred name" of Mrs. Jackson. This, however, he denied when accused of it by 68 LIFE AND TIMES OF Jackson. There is some evidence of Jackson's having visited Mr. Ervin on this delicate theme, and urged him to check his son-in-law, and of having otherwise shown a disposition to avoid extreme measures. At all events, step by step, matters moved on to the fatal result. This species of murder, " honorable " murder, was by no means universally sanctioned in Tennessee even at that day ; as it never has been over the South, contrary to the wide-spread opinion. Some of General Jackson's friends urged him to drop the practice, and especially not to notice the indiscretions of these young lawyers. But nothing materially affected him. Nor does it appear that his conscience was ever disturbed as this old friend knew his should be. Even when President, General Jackson mentioned his duel with Dickinson, as if he took a savage comfort in it. And on several occasions he emphasized the act with a sort of vicious delight. Still he made no parade of any of these affairs, and probably did not often refer to them unless when they were mentioned in a way to excite his resentment. Nor did he until old age, when the religious principles of his wife and mother had in some degree taken control of his nature, change his opinion as to dueling. While he was President he exhibited to others the methods of seeking " honor and satisfac- tion," and, it is said, would have been glad to fight Mr. Clay. Strictly speaking, he had only two set duels, but scores of rough-and-tumble and bloody figbts. He was a dangerous man, and by nature pos- sessed most of the elements of a bully. But when undisturbed, and the acts of others harmonized with his feelings and pride, he was one of the most dignified, gra- cious, courtly, accommodating, and genial " gentlemen." ANDREW JACKSON. 69 " Nashville, January 3, 1806. "General Andrew Jackson, — Sir, I was last evening in- formed by Mr. Dickinson that, when called on by Captain Eryin and himself at Mr. Winn's tavern, on Saturday last, to say whether the notes offered by them, or either of them, at the time the forfeit was paid in the race between Truxton and Plow Boy, were the same received at the time of making the race, you acknowledged they were, and further asserted that whoever was the author of a report that you had stated them to be different, was a damned liar ! The harshness of this expression has deeply wounded my feelings ; it is language to which I am a stranger, which no man, acquainted with my character, would venture to apply to me, and which, should the information of Mr. Dickin- son be correct, I shall be under the necessity of taking proper notice of. I shall be at Rutherford court before you will receive this, from whence I shall not return to Nashville before Thursday or Friday, at which time I shall expect an answer. I am, sir, your obedient servant, "Thomas Swann." " Hermitage, January 7, 1806. "Thomas Swann, Esq., — Sir, late last evening was handed me, among my returns from Haysborough, a letter from you, of the 3d inst., stating information from Dickinson, etc., etc., etc. Was it not for the attention due to a stranger, taking into view its tenor and style, I should not notice its receipt. Had the in- formation, stated to have been received from jNIr. Dickinson, stated a direct application of harsh language to you; had you not known that the statement, as stated in your letter, was not correct; had it not taken place in the same house where you then were ; had not Mr. Dickinson been applied to by me to bring you forward when your name was mentioned, and he de- clined ; had I not the next morning had a conversation with you on the same subject, and, lastly, did not your letter hold forth a threat of ' proper notice,' I should give your letter a direct an- swer. Let me, sir, observe one thing: that I never wantonly sport with the feelings of innocence, nor am I ever awed into measures. If incautiously I inflict a Avound, I always hasten to remove it ; if offense is taken where none is offered or intended, it gives me no pain. If a tale is listened to many days after the discourse should have taken place, when all parties are under the same roof, I always leave the person to judge of the motives that induced the information, and leave them to draw their own 70 LIFE AND TIMES OF conclusions, and act accordingly. There are certain traits that alwavs accompany the gentleman and man of truth. The mo- ment he hears harsh expressions applied to a friend, he wiU im- mediately communicate it, that explanation may take place ; when the base poltroon and cowardly tale-bearer will always act in the background. You can apply the latter to Mr. Dickinson, and see which best fits him. I write it for his eye, and the latter I em- phatically intend for him. But, sir, it is for you to judge for yourself; draw your own conclusions, and, when your judgment is matured, act accordingly. When the conversation dropt be- tween Mr. Dickinson and myself, I thought it was at an end. As he wishes to blow the coal, I am ready to light it to a blaze, that it may be consumed at once, and finally extinguished. Mr. Dickinson has given you the information, the subject of your letter. In return, and in justice to him, I request you to show him this. I set out this morning for South-west Point. I will return at a short day, and, at all times, be assured I hold myself answerable for any of my conduct, and should anything herein contained give Mr. Dickinson the spleen, I will furnish him with an anodine as soon as I return. I am, sir, your obedient servant, "Andrew Jackson." " P. S. — There were no notes delivered at the time of making the race, as stated in your letter; nor was the meeting between me and Mr. Dickinson at Mr. Winn's tavern on that subject. The subject of the notes was introduced by Mr. Dickinson as an apology for his conduct, the subject of conversation." Swann now proceeded to handle General Jackson very severely in the newspapers, and putting himself into a great rage, wanted " satisfaction " at once. One of his first objects was to prove that he was a " gen- tleman," a point on which the General very positively declared his doubts. This was, perhaps, not a difficult task for Mr. Swann, but General Jackson adhered to his original opinion, and treated him as if he did not regard the proofs of the least value ; and accordingly meeting him one day at a Nashville hotel, fell upon him with his cane and gave .him a " good " beating. ANDREW JACKSON. 71 and ever afterwards, in spite of all Swann's persistence, refused to afford him the " satisfaction of a gentleman." But Jackson also went to the " Impartial Review " newspaper with his explanation, and in doing so, in bringing in the affidavits of his friends, stirred up diffi- culties among other men, resulting in at least one duel, between Nathaniel A. McNairy and John Coffee, who was the life-long friend of Jackson. On the 10th of January, 1806, Dickinson first wrote to Jackson, reviewing their relation at that time, and intimating that on his return from New Orleans to which he was then starting, he would hear from him again. On the 21st of May another letter appeared from him, to which the General replied. This letter was carried by Overton, who, after having advised Jackson to pay no attention to these boys, as he termed them, now told him that he must fight, and whose moral sense was as blunt as that of .his principal. Finally the answer came, and the time and place were arranged upon. In Kentucky, a day's ride from Nashville, near the Red River, near Harrison's Mills, in Logan County, on the 30th of May, 1806, this duel was fought. In the whole history of the progress of civilization few more cold-blooded and barbarous enactments can be found than the terms of this rencounter : — "It is agreed that the distance shall be twenty-four feet; the parties to stand facing each other, Avith their pistols down perpendicularly- When they are ready, the single word, fire, to be given ; at which they are to fire as soon as they please. Should either fire before the word is given, we pledge ourselves to shoot him down instantly. The person to give the word to be deter- mined by lot, as also the choice of position." 72 LIFE AND TIMES OF The day before the duel, Dickinson left his young wife with the assurance that he would return on the following day, and without her suspecting the object which called him away. That night he and his friends slept in the house of William Harrison on the Red River, and General Jackson with Thomas Over- ton, his second, and a few friends, at the tavern of David Miller, two miles up the river, and near the fatal spot. The next morning, said to have been as beautiful as nature ever bestowed on a delicious climate, and one on which good, wise, honorable, and true men would have found better work to do, these men met. The following graphic account is from the pen of Mr. Parton : — " About the same hour the overseer and his gang of negroes went to the fields to begin their daily toil ; he longing to venture within sight of what he knew was about to take place. "The horsemen rode about a mile along the river; then turned down toward the river to a point on the bank where they had expected to find a ferryman. No ferryman appearing, Jack- son spurred his horse into the stream and dashed across, followed by all his party. They rode into the poplar forest, two hundred yards or less, to a spot near the center of a level platform or river bottom, then covered with forest, now smiling with culti- vated fields. The horsemen halted and dismounted just before reaching the appointed place. Jackson, Overton, and a surgeon who had come with them from home, walked on together, and the rest led their horses a short distance in an opposite direction. " 'How do you feel about it now. General?' asked one of the party as Jackson turned to go. " ' O, all right,' replied Jackson, gayly ; 'I shall wing him, never fear.' " Dickinson's second won the choice of position, and Jack- son's the office of giving the word. The astute Overton con- sidered this giving of the word a matter of great importance, and he had already determined how he would give it, if the lot fell to him. The eight paces were measured off', and the men ANDREW JACKSON. • 73 placed. Both were perfectly collected. All the politenesses of such occasions were very strictly and elegantly performed. Jack- son was dressed in a loose frock-coat, buttoned carelessly over his chest, and concealing in some degree the extreme slenderness of his figure. Dickinson was the younger and handsomer man of the two. But Jackson's tall, erect figure, and the still inten- sity of his demeanor, it is said, gave him a most superior and commanding air, as he stood under the tall poplars on this bright May morning, silently awaiting the moment of doom. " ' Are you ready !' said Overton. " ' I am ready,' replied Dickinson. " ' I am ready,' said Jackson. "The words were no sooner pronounced than Overton, with a sudden shout, cried, using his old-country pronunciation, ' Fere !' " Dickinson raised his pistol quickly and fired. Overton, who was looking with anxiety and dread at Jackson, saw a pufi* of dust fly from the breast of his coat, and saw him raise his left arm and place it tightly across his chest. He is surely hit, thought Overton, and in a bad place too; but no; he does not fall. Erect and grim as fate he stood, his teeth clinched, raising his pistol. Overton glanced at Dickinson. Amazed at the un- wonted failure of his aim, and apparently appalled at the awful figure and face before him, Dickinson had unconsciously recoiled a pace or two. " ' Great God !' he faltered, ' have I missed him ?' "'Back to the mark, sir!' shrieked Overton, with his hand upon his pistol. "Dickinson recovered his composure, stepped forward to the peg, and stood with his eyes averted from his antagonist. All this was the work of a moment, though it requires many words to tell it. " General Jackson took deliberate aim, and pulled the trigger. The pistol neither snapped nor went oflT. He looked at the trigger and discovered that it had stopped at half-cock. He drew it back to its place, and took aim a second time. He fired. Dick- inson's face blanched ; he reeled ; his friends rushed toward him, caught him in their arms, and gently seated him on the ground, leaning against a bush. His trousers reddened. They stripped off his clothes. The blood was gushing from his side in a tor- rent. And alas ! here is the ball, not near the wound, but above the opposite hip, just under the skin. The ball had passed 74 XIFE AND TIMES OF through the body below the ribs. Such a wound could not but be fatal. "Overton went forward and learned the condition of the wounded man. Rejoining his principal, he said, ' He won't want anything more of you. General,' and conducted him from the ground. They had gone a hundred yards, Overton walking on one side of Jackson, the surgeon on the other, and neither speak- ing a word, when the surgeon observed that one of Jackson's shoes was full of blood. " 'My God! General Jackson, are you hit?' he exclaimed, pointing to the blood. " ' O, I believe,' replied Jackson, ' that he has pinked me a little. Let 's look at it. But say nothing about it there,' point- ing to the house. " He opened his coat. Dickinson's aim had been perfect. He had sent the ball precisely where he supposed Jackson's heart was beating. But the thinness of his body and the looseness of his coat, combining to deceive Dickinson, the ball had only broken a rib or two, and raked the breast-bone. It was a some- what painful, bad-looking wound, but neither severe nor danger- ous, and he was able to ride to the tavern without much incon- venience. Upon approaching the house he went up to one of the negro women who was churning, and asked her if the butter had come. She said it was just coming. He asked for some buttermilk. While she was getting it for him, she observed him furtively open his coat and look within it. She saw that his shirt was soaked with blood, and she stood gazing in blank horror at the sight, dipper in band. He caught her eye and hastily but- toned his coat again. She dipped out a quart measure full of buttermilk, and gave it to him. He drank it off at a draught ; then went in, took off his coat, and had his wound carefully examined and dressed. That done, he dispatched one of his ret- inue to Dr. Catlett, to inquire respecting the condition of Dick- inson, and to say that the surgeon attending himself would be glad to contribute his aid toward Mr. Dickinson's relief. Polite reply was returned that Mr. Dickinson's case was past surgery. In the course of the day, General Jackson sent a bottle of wine to Dr. Catlett for the use of his patient. " But there was one gratification which Jackson could not, even in such circumstances, grant him. A very old friend of General Jackson writes to me thus : ' Although the General hud ANDREW JACKSON. 75 been wounded, he did not desire it should be known until he had left the neighborhood, and had therefore concealed it at first from his own friends. His reason for this, as he once stated to me was, that as Dickinson considered himself the best shot in the world, and was certain of killing him at the first fire, he did not want him to have the gratification even of knowing that he had touched him.' "Poor Dickinson bled to death. The flowing of blood was stanched, but could not be stopped. He was conveyed to the house in which he had passed the night, and placed upon a mat- tress, which was soon drenched with blood. He suffered extreme agony, and uttered horrible cries all that long day. At nine o'clock in the evening he suddenly asked why they had put out the light. The doctor knew then that the end was at hand ; that the wife, who had been sent for in the morning, would not arrive in time to close her husband's eyes. He died five minutes after, cursing, it is said, with his last breath, the ball that had entered his body. The poor wife hurried away on hearing that her hus- band was ' dangerously wounded,' and met, as she rode toward the scene of the duel, a procession of silent horsemen escorting a rough emigrant wagon that contained her husband's remains." Jackson remained a month or two inactive from the effect of his wound, and never did recover from its moral injury. Many men even at that day in Tennes- see deplored this event, and the reputation of Jackson suffered justly no little. James Parton says that at no time between 1806 and 1812 could Jackson have been elected to any office in Tennessee where a majority of the votes of the people would have been required. As disgusting and detestable as was this whole af- fair, efforts were made then and at different periods afterwards, to turn it to General Jackson's advantage among the people. While no great sympathy could ever be felt for the fate of poor Dickinson by reason of his high moral virtues, for like Jackson, he had few, or none, yet that 76 LIFE AND TIMES OF he fell thus by the hand of a man who was made President of the United States, and that, too, when he was still ready on similar pretexts, to imbrue his hands in the blood of his fellow-men, can never be forgotten, and must always be a source of regret among refined and intelligent Americans, no matter what their school of politics or philosophy. Although Jackson was often in difficulty with some- body, and was always ready to " knock any m5,n's ' head off who says pshaw at me," yet his next and last most serious fight occurred in 1813 with the Benton brothers. That this was the last, however, was not a fact for which General Jackson deserved any credit. He could not keep pace with the moral force of the country. The Bentons, like Jackson, were natives of North Carolina. Thomas Hart Benton settled in Franklin, Tennessee, where he practiced law for some time, and there he lived when the feud began with Jackson. W. W. Carroll, a friend of Jackson, and Jesse Benton, quarreled and attempted to kill each other with pistols. In this "affair," politely termed a duel, General Jack- son acted as a second in all the negotiations and in the shooting. During this time Thomas H. Benton was at Wash- ington City attempting to induce the Administration to refund to Jackson the money he had expended for transporting the Tennessee troops home from Natchez at the end of the fruitless expedition in 1812. Ben- ton was successful, and Jackson was saved from great embarrassment, if not ruin. The part Jackson took in Carroll's fight with Jesse greatly incensed Benton, and on his way home and after his return, he made many ANDREW JACKSON. 77 bitter remarks about Jackson. This was something that that person was not in the habit of tolerating, and the result was a letter from him to Benton, which con- tained this language : — " You must either be sensible of having done me injustice and acknowledge it, or make a demand upon me for such satisfaction as one man of honor thinks he has a right to demand of another. This, sir, I have a right to expect from the military commission which you now hold. This, sir, comports with the magnanim- ity of a soldier, if in error to say so ; if not, to promptly demand of me satisfaction for any injury you may think I have done you. . . . After this explanation, if it is explained, you will do me the justice to believe that the harsh and indecorous language you have thought proper to adopt, was unmerited, and that you will retract it." But Benton had in a fit of fury written to Jackson about this matter before he left Washington, and the General had given out that he was going to horsewhip Tom Benton. Benton was, however, always prepared for a meeting, and expected it to come sooner or later. On the night of the 3d of September the Bentons were in Nashville, stopping at the " City Hotel," and, as it happened. General Jackson and John Coffee came to town and staid the same night at the " Nashville Inn," near by, across the square. On the following morning in going from the post-office, Jackson and Cof- fee took occasion to pass in front of the City Hotel. Seeing Thomas H. Benton standing in the door Jackson rushed upon him with his whip, at the same time noti- fying him to defend himself. But seeing Benton in the act of drawing a pistol, as he thought, he presented his own with great dexterity to Benton's breast, the latter backing toward the door lead- ing to the rear porch of the house. At this juncture Jesse •78 LIFE AND TIMES OF Benton entered the hall, and observing the situation at once, drew his pistol, loaded with balls and slugs, and fired upon Jackson bringing him to the floor. Coffee now rushed into the passage, and thinking that Thomas Benton had done the shooting, instantly shot at him, but missed, when clubbing his weapon he rushed upon him. Benton stepped back and fell down a stairway which he had not observed. Another blood- thirsty character now came upon the scene in the per- son of Stokely Hays, a relative of Mrs. Jackson, and drawing his sword from a cane rushed like a fiend upon Jesse Benton. But at the first thrust his sword was broken on a button. He then drew a dirk. A fearful contest ensued, in which he got Benton down, and after stabbing him several times slightly, would have cut his heart or head from his body had not dis- interested persons now interfered. The Bentons then went into the street, where Thomas broke Jackson's sword which he carried as a trophy, and in his sten- torian voice defied Jackson and his friends. Jackson was badly wounded in the arm and shoulder, and was not only unable for months to make much use of his arm, but also suffered from the wound all his life, the ball not being taken out until while he was President. Thomas H. Benton soon after this affair entered the army, and, at the close of the war, located in Missouri. He did not meet General Jackson again until 1823. A few days after the fight Mr. Benton made the- following statement : — " Franklin, Tennessee, September 10, 1813. " A difference which had been for some months brewing be- tween General Jackson and myself, produced on Saturday, the ANDREW JACKSON. 79 4th instant, in the town of Nashville, the most outrageous affray ever witnessed in a civilized country. In communicating the affair to my friends and fellow-citizens, I limit myself to the statement of a few leading facts, the truth of which I am ready to establish by judicial proofs. "1. That myself and my brother, Jesse Benton, arriving in Nashville on the morning of the affr-ay, and knowing of General Jackson's threats, went and took lodgings in a different house from the one in which he staid, on purpose to avoid him. " 2. That the General and some of his friends came to the house where we had put up, and commenced the attack by leveling a pistol at me when I had no weapon drawn, and advancing upon me at a quick pace, without giving me time to draw one. "3. That seeing this, my brother fired upon General Jackson when he had got within eight or ten feet of me. "4. That four other pistols were fired in quick succession; one by General Jackson at me, two by me at the General, and one by Colonel Coffee at me. In the course of this firing, General Jackson was brought to the ground, but received no hurt. "5. That daggers were then drawn. Colonel Coffee and Mr. Alexander Donaldson made at me, and gave me five slight wounds. Captain Hammond and Mr. Stokely Hays engaged my brother, who, still suffering from a severe wound he had lately received in a duel, was not able to resist two men. They got him down; and while Captain Hammond beat him on the head to make him lie still, Mr. Hays attempted to stab him, and wounded him in both arms as he lay on his back parrying the thrusts with his naked hands. From this situation a generous- hearted citizen of Nashville, Mr. Sumner, relieved him. Before he came to the ground my brother clapped a pistol to the breast of Mr. Hays to blow him through, but it missed fire. "6. My own and my brother's pistols carried two balls each; for it was our intention, if driven to arms, to have no child's play. The pistols fired at me were so near that the blaze of the muzzle of one of them burnt the sleeve of my coat, and the other aimed at my head at a little more than arm's length from it. "7. Captain Carroll was to have taken part in the aflTray, but was absent by the permission of General Jackson, as he had proved by the General's certificate, a certificate which reflects, I know not, whether less honor upon the General or upon the Captain. "8. That this attack was made upon me in the house where -80 LIFE AND TIMES OF the judge of the district, Mr. Searcy, had his lodgings ! Nor has the civil authority yet taken cognizance of this horrible outrage. "These facts are sufficient to fix the public opinion. For my own part, I think it scandalous that such things should take place at any time; but particulai'ly so at the present moment, when the public service requires the aid of all its citizens. As for the name of courage, God forbid that I should ever attempt to gain it by becoming a bully. Those who know me, know full well that I would give a thousand times more for the reputation of Cro- ghan in defending his post, than I would for the reputation of all the duelists and gladiators that ever appeared upon the face of the earth. Thomas Hart Benton." Time and other things had their influence, and Mr. Benton was finally found among the foremost and most unyielding supporters of General Jackson's Adminis- tration, and a personal friend, if not a member of the "Kitchen Cabinet." Later on Mr. Benton became one of the General's apologizers and eulogists, and made it a point to deny or defend his evil deeds, as well as bestow extravagant praise upon the better features of his life. But few more bitter enemies, to the end of his days, had General Jackson than Jesse Benton, It does not appear that General Jackson made his will, or even said good-bye to Mrs. Jackson before set- ting out for these bloody affrays, any more than he did when starting out for a horse-race or a cock-fight. They were so frequent as to render the precaution unnecessary or monotonous, and, no doubt, Mrs. Jack- . son always expected the worst whenever he was out of her sight. There is hardly a period in the life of General Jackson when he is not represented as carrying a cane or a whip. On horseback, as well as on foot, he was accompanied by the cane, and at the beginning as ANDREW JACKSON. 81 well as at the end of life. To him, in the earlier days at least, it was regarded as an instrument of defense, to some extent. The cane is certainly not significant of strength or manhood, but the opposite. It is a help to old age, and may be a fit appendage to that in man or woman. It is not an ornament. To young women it might, at times, be useful as it was to Gen- eral Jackson ; but, generally, does it not rather indi- cate the presence of a mind fond of trifles and occupied with little whims ? To give a just impression of the character of Gen- eral Jackson it has seemed necessary to make this somewhat full outline sketch of his leading " affairs of honor." Most of the unimportant accompaniments, the disgusting profanity which always went along with General Jackson's displays of chivalry and passion, and other rougher features, have been omitted mainly in the narrative. Other quarrels of General Jackson's, as, for instance, with Samuel L. Southard, General Winfield Scott, Governor John Adair, etc., may be briefly referred to in the course of the work. 6— G 82 LIFE AND TIMES OF CHAPTER VII. GENERAL JACKSON AND AARON BURR. IN May, 1805, Aaron Burr made his first trip to Nashville. Although he was an outcast in New York and New Jersey, he was very popular in the West, where, if his murder of Hamilton did not help him on, it did not hurt his standing at Nashville. He had left his boat down on the Ohio, and gone up to Nashville to see how popular he was there, and his reception was all he desired. He remained five days^ and was during that time a guest of Judge Jackson in the old log Hermitage presided over by "Aunt Rachel," as Mrs. Jackson was even then called. Jackson had been apprised of Burr's coming, and on the day of his arrival had met him in Nashville, and after the "re- ception " and dinner, had taken him home on one of his finest horses ; and at the close of his visit sent him in one of his own boats down the Cumberland. At the Ohio he not only found the wonderful " Ark " safe, in which he had floated down from Pittsburg, but he also found General Wilkinson, another of his hospitable admirers, who sent him on his way in an elegant barge. On his return Burr was again at the Hermitage, in August. For a week or more he remained this time at the Hermitage, and was greatly pleased with his visit. Judge Jackson was a thorough hater of Span- iards and the Spanish Government, and to Burr's ANDREW JACKSON. 83 enthusiasm on that point he gave full sanction. Too well did the artful little man know Jackson's devotion to the Union, to make any direct allusions to his scheme, if he had one, of separating it. Aaron Burr was not a friend to President Jefferson. And from this visit to Nashville Jackson's decided op- position to the Administration began. Burr wrote two or more letters to him after this visit. Besides con- taining an air of mystery and a sort of military aspect squinting towards war with Spain, altogether pleasing to the General, these letters referred to John Ran- dolph's attack upon the President and other affairs bearing upon the Administration, which were not wholly disagreeable to his correspondent. In one of these letters Burr spoke about the possi- bility of two regiments of " choice spirits " being raised in Tennessee, and recommended Jackson to send a list of officers' names, men that could be trusted, and that in case of war his influence with the War Department would turn this to his benefit. Jackson sent the names, and believed that Burr really was in the con- fidence of the Administration in. this direction, at all events, and that all of this mystery and quiet business meant what he most desired, war with Spain. In September, Burr again visited Nashville and re- mained a few days with Judge Jackson. At the rec- ommendation of Jackson a ball was given at Nashville in his honor. At that ball Jackson in full military dress appeared with Burr on his arm. They were the lions of the occasion. Especially were the "ladies" hardly able to decide as to their preference for these magnificent and charming men. One of the standing slanders and burlesques on the 84 LIFE AND TIMES OF sex was the general attachment of women to Aaron Burr, a man who despised alike the good and bad quali- ties of woman, regarded as well her vices as virtues, and held as unworthy of his concein, under any cir- cumstances, any of her claims to manly respect or honor. To this he made an exception in Theodosia, his brilliant daughter. It may have been that more than Burr's ordinary gallant feeling was entertained by him for the woman who ministered to his pride and his every want during his last deserted, hopeless, and lonely hours on earth. But at this visit, the last but one, which Burr made to the Hermitage, some rumors were afloat in Nashville as to the ambiguous character of his designs. These rumors Jackson believed arose from partisan considerations,^ and did not allow them to influence his conduct. Burr considered his friendship and his scheme secure at Nashville, and determined to make that place a center of operations. Accordingly in November, he sent thirty-five hun- dred dollars to Jackson, or perhaps, more strictly speaking, to Coffee and Hutchings, and an order for the construction of five flat-boats, and the collection of a considerable quantity of provisions. Jackson, Coffee, and Hutchings, believing every thing to be right, began to build the boats at Clover Bottom. Burr had made it appear at Nashville, as every place else, that his object was the purchase and set- tlement of a large tract of land on the Washita River. He was going to establish there the center from which all the culture and refinement of North America was to flow, and, of course, if war with Spain was declared, ANDREW JACKSON. 86 they would be ready for the fray. This was, no doubt, exactly what Jackson believed to be Burr's purpose. But there was a great deal of talk about Burr and his projects, and the suspicion of Jackson was at last aroused. Then followed Burr's arrest, trial, and ac- quittal in Kentucky. About the middle of December he again appeared, for the last time, at Nashville, but, in the absence of General Jackson, he was not well received at this visit. He knew the reason, and was not slow in declaring his innocence of any designs prejudicial to the Government. Some of his boats were now com- pleted, and having settled with the contractors, on the 22d of December, 1806, he left Nashville with the few followers enlisted there. In a few days the Presi- dent's proclamation was sent throughout the country, the Ohio valley swarmed with armed patriots, and the Quixotic adventure fell to pieces. Attachment to the Federal Union was then at no discount at Nashville. Burr was burned in effigy, and a big blaze made over his villainous scheme of treason against the country, as it was believed to be. General Jackson was among the foremost in his efforts to nip the movement in the bud. The militia of his division were notified that their services might be needed at any time, messengers were sent off with notes of warning, and nobody added more to the gen- eral commotion than Jackson. James Robertson, the Tennessee Boone, and a number of Revolutionary veterans offered their services to Jackson for the occa- sion in a sentimental address, to which Jackson replied in a style fully up to the heat of the occasion, and the spread-eagle tone which characterized the procla- 86 LIFE AND TIMES OF mations of the West and Northern border generals in the war of 1812. These old patriots and others of the militia rushed to arms, Jackson reviewed them, Nashville was abhize with enthusiasm. It was a grand time ! A momentous occasion ! But Bissel, commanding at Fort Massac, on the Ohio, sent back Jackson's messenger to him with the stunning intelligence that the late Vice-President and a few harmless people had passed unmolested down the river. This took the spirit out of the war-panic at Nashville. Major-General of militia, Jackson, issued an address as a grand finale, and the soldiers were dismissed. In this address are these words : — Friends and Fellow-soldiers, — The President's proclama- tion, as well as the Secretary of War's letter to me, dated on the 19th of last month, has given rise to the preparatory steps taken to have the militia under my command in complete readiness. These communications sound the tocsin of alai-m. They are suf- ficient evidence to us that the repose of our country is about to be interrupted ; that an illegal enterprise has been set on foot by disappointed, unprincipled, ambitions, or misguided individuals; and that they are about to be carried on against the Government of Spain, contrary to the faith of treaties. Other reports state that the adventurers in this enterprise were numerous; that they had assembled at the mouth of Cumberland River, in considerable force and hostile array ; that they had for their object a separa- tion of the western from the eastern part of the United States; and that an attack would, in the first place, be made on New Orleans. "When the insolence or vanity of the Spanish Government shall dare to repeat their insults on our flag, or shall dare to violate the sacred obligations of the good faith of our treaties with them ; or should the disorganizing Traitor attempt the dis- memberment of our country or criminal breach of our laws, let me ask what will be the effects of the example given by a tender of service made by such men as compose the Invincible Grays, ANDREW JACKSON. 87 commanded, too, by the father of our infant State, General James Robertson? "It must and will produce effects like these: The youthful patriot will be invigorated to a proper sense of duty and zeal, and the vengeance of an insulted country will burst upon the devoted heads of any foreign invaders, or the authors of such diabolical plans. When we behold aged, deserving, and respect- able men, whom the laws of their country exempt from common military duty, the very first to come forward in the event of dan- ger, and whose situation is every how comfortable at home, thus to act, what must be the degree of feeling and seusilulity excited ? It is beyond comprehension, but merits the highest encomium. "Friends and fellow-soldiers, I can not dismiss you without making honorable mention of the patriotism of Captain Thomas Williamson, displayed on the present occasion, who, in twenty- four hours after the receipt of my letter, notified me he was ready to march at the head of a full company of volunteers. Such promptness as this will be a fit example for the hardy sons of freedom, should the constituted authorities require our service. "Return, fellow-soldiers, to the bosom of your families, with the best wishes of your General, until your country calls, and then it is expected you will march on a moment's warning." " Return, fellow-soldiers, to the bosom of your families !" Stupendous sacrifice ! Worse than an In- dian scare on the frontier ! " Woe unto the muUen- stalks, which in our course we met !" But if this was burlesque, it was also a first glimpse of the dawn of something better in the life of General Jackson than had yet occurred. When Burr was lodged in state at Richmond for trial, Jackson went on there as a witness. While there he made a public speech in defense of Burr, and so thoroughly satisfied was he, by this time, that Burr was not guilty of treason, that he was unstinted in his condemnation of Mr. Jefferson. A demand for his testimony in the case was not made. But General Jackson was not left unsinged. 88 LIFE AND TIMES OF His associations had been bad, if nothing more. He was suspected at Washington and in other parts of the country, and was actually charged at home with hav- ing been implicated in Burr's treasonable purposes. Although Jackson was guilty of many foolish and one diabolical practice, there never could be a greater piece of injustice and folly than to Accuse him of treason. Patriotism- was his first and most admirable quality. With him it was a passion; in him it was great. His patriotism was not bounded by State lines. This mantle may well cover many of his " earlier indis- cretions." The following is the greater part of General Jack- son's letter to George AV. Campbell, then in Congress from Tennessee, dated January 15, 1807, reviewing, to some extent, this Burr difficult}^ : — " Sir, — The late denunciation of Aaron Burr as a traitor has excited great surprise and general indignation. Still, from the opinion possessed of the accuser, many there are who wait for the proof, before they will pronounce him guilty of the charge. One thing is generally believed, that if Burr is guilty, Wilkinson has participated in the treason. The public mind has been agitated from various reports of Burr having been met, at the mouth of Cumberland River, with one hundred boats and one thousand armed men ; and it was stated as a fact, that the captain at Mas- sac, and all the men, were going with him. Subsequent reports stated they had gone. An express which I started on the receipt of the Secretary of War's letter, of the — ult., has returned, and states that Burr left Massac on the 3d ult., in company with ten boats, six men on board each, without arms, or any thing that can afford suspicion ; and that Captain Bissell has been doing his duty, as a vigilant officer. I had ordered out twelve companies of volunteers, on the receipt of the Secretary of War's letter, to check the adventurers, which on the return of express, I dismissed. I have no doubt, but from the pains that have been taken to cir- culate reports, it will be rumored that I am on full march, to ANDREW JACKSON. 89 unite with Burr. This I know you never will believe, until you hear it from myself; or from such a source that you know can not err. Should you ever hear that I am embarked in a course inimical to my country, believe it not. iShould you hear tliat any treasonable intentions have come to my knowledge, and that I have been silent, believe them not; or that I would not put any man out of existence, who would name such a thing to me, with- out on the grounds of discovering it to the proper authorities. If Burr has any treasonable intentions in view, he is the basest of all human beings ; I will tell you why, he always held out the idea of settling Washita, unless a wav with Spain ; in that event, he held out the idea, that from his intimacy with the Secretary of War, he would obtain an appointment, and if he did, would revolutionize Mexico. " About the 10th of November, Captain called at my house, and after the stay of a night and part of a day, intro- duced the subject of the adventurers, and in part stated that their intention was to divide the Union. I sternly asked how they would effect it ; he replied, by seizing New Orleans and the bank, shutting the port, conquering Mexico, and uniting the western parts of the Union to the conquered country. I, perhaps with warmth, asked him how this was to be effected ; he replied, by the aid of the Federal troops with the General at their head. I asked if he h^ad this from the General ; he said he had not. I asked him if- Colonel Burr was in the scheme ; he answered, he did not know, nor was he informed that he was ; that he barely knew Colonel Burr, and never had any conversation with him. I asked him how he knew this, and from whom he got his informa- tion ; he said from in New York. Knowing that Colonel Burr was well acquainted with , it rushed into my mind like light- ning, that Burr was at the head, and from the colorings he had held out to me. Generals Robertson, and Overton, and the hos- pitality I had shown him, I viewed it as base conduct to us all ; and heightened the baseness of his intended crimes, if he really was about to become a traitor. I sat down and wrote to General Smith and Dr. Dickinson ; I wrote to Governor Claiborne to put his citadel in a state of defense, without naming any person ex- cept General Wilkinson. When this was done, I wrote Colonel Burr in strong terms my suspicious of him, and until they were cleared from my mind, no further intimacy was to exist between us. I made my suspicions known to Generals Robertson and 90 LIFE AND TIMES OF Tatum, with some others. Not long after, I received his answer, with the most sacred pledges, that he had not, nor never had, any views inimical or hostile to the United States ; and whenever he was charged with the intention of separating the Union, the idea of insanity must be ascribed to him. After his acquittal in Ken- tucky, he returned to this country, and to all who named the subject, made the same pledge, and said he had no object in view, but such as was sanctioned by legal authority ; and still said that, when necessary, he would produce the Secretary of War's orders ; that he wanted only young men of talents to go with him ; with such he wished to make his settlement, as it would have a tend- ency to draw to it wealth and character. For these reasons, from the pledges made, if he is a traitor, he is the basest that ever did commit treason ; and being torn to pieces and scattered to the four winds of heaven, would be too good for him. But we will leave him for time and evidence to verify his hue. I have given you the outlines, and in a few weeks will give the proof. "A. Jackson." In 1828, this matter again came- up in the cam- paign charges against General Jackson. Judge Will- iams, of Tennessee, was then foremost in forwarding the belief that Jackson was involved in the Burr scheme. A committee was organized at Nashville, composed of men of very honorable standing, which undertook to correct many " errors " concerning the General, that had become of national notoriety. And, at this time, the Burr affair, so far as it could have had any bearing upon Jackson, was thoroughly in- vestigated. In 1815, in the suit of Herman Blennerhassett against General Jackson, at Natchez, Coffee there gave this statement : — "The report of his acting in opposition to the wishes of the Government prevented his procuring supplies of provisions ; and he had not use for all the boats that had been made for liim. Two, I believe, was the number he made use of for himself and ANDREW JACKSON. 91 those with him. The balance of the boats, the number I do not recollect, were left by Mr. Burr ; and afterward, by virtue of his order in favor of Patten Anderson, the boats, or the proceeds thereof, were paid over to Mr. Anderson. When Mr. Burr was at Clover Bottom, General Jackson and myself made a settle- ment with him, the said Burr ; and, after charging him with the boats and other articles furnished him for his voyage down the river, I returned him all the balance of his money ($1,725.62) in the very same notes first sent by him, and the accounts were then completely closed and paid on both sides, as I understood." Outside of the work of the Nashville committee, called the " Whitewash Committee," there was evidence enough to show that Jackson was in no sense impli- cated with Burr. The facts, as may now be seen, were simply these, that Jackson had received him with great kindness at Nashville, as a friend to him- self and the State, as he believed, and as a distin- guished citizen and member of the party to which he belonged ; that when he was discovered to be engaged, as was supposed, in a scheme against the country, he had done all he could to thwart it; that Burr never submitted his treasonable purposes to him, but main- tained the opposite to be his object; that he not only did not receive him into cordial friendship on his last trip to Nashville, but also did not ever afterwards satisfy any of Burr's demands, or hold confidential communications with him, even when Burr had ad- vanced his Presidential interests all that it was in his power to do from 1816 to the day of his success in 1828. Although he did not believe Burr designed to divide the Union, General Jackson never had any faith in him after the affair was finally disposed of, and the world had entirely discarded him. As to the participation of General Jackson in 92 . LIFE AND TIMES OF building the boats and furnishing supplies and recruits for Burr there are, perhaps, some irreconcilable discrep- ancies in the records. In the Blennerhassett suit, in 1815, when the case was yet certainly fresh enough in the minds of those who were concerned, John Coflfee testified that General Jackson and himself did make the settlement with Burr at Clover Bottom, in December, 1806, and that they charged him for the boats and other articles, and then that he returned to Burr the balance of his money. In his letter to the "Whitewash Committee," in 1828, after the lapse of years. General Coffee's memory seemed to waA^er. Still he there says that the thirty- five hundred dollars, and subsequently five hundred dol- lars more, sent by Burr were put into his hands by General Jackson. In this letter Coffee appears to be far off in his recollections, was willing to advance himself as the instrument, and lacked all that positiveness with which he referred to General Jackson and himself as making the settlement with Burr on his last visit in 1806. That he controlled the boat-building, etc., signi- fied nothing. General Jackson was his partner, and had received the money from Burr, had put the money into his hands, as a matter of course, and being a partner had received some of the benefits of the transaction. There seemed no need of trying to slip around these facts. But, in 1843, the General wrote to Amos Kendall on this subject, and apparently flatly contradicts Cof- fee's statement to the " Whitewash Committee," and more flatly contradicts Coffee's statement in the Blen- nerhassett suit, and says that he never saw or had in his possession a dollar of Burr's money, and that he had nothing whatever to do with the matter when ANDREW JACKSON. 93 Coffee had sworn that the General and himself made the settlement. There can be no doubt that the Gen- eral knew every word that Coffee was to write and did write for the " Whitewash Committee," and that time had changed the picture in his memory in his retrospective period, in 1843. While Jackson did not mean to whitewash himself, perhaps, it would hardly do to settle such a point by his memory at so late a date. General Jackson was now on the verge of an inter- esting era in his life, one for which his former career was in some sense preparatory. Up to this time he had mainly shown himself to be a powerful animal ; an uncultured, unrestrained, domineering will. Aver- aging his deeds and traits, as to good and evil, at this juncture would, perhaps, not be unattended with difficulty from the story which has here been told. But the picture has necessarily been incomplete, owing to the difficulty of reaching the so-called small things of his private life. He stood out among men as an ex- traordinary friend. No amount of hardship, self-denial, or danger would he allow to come in the way of his friendship when once satisfactorily founded. Here he was unselfish and untyrannical. The predominant fea- tures of his influence in these friendships were, per- haps, good. He expected a friend to be wholly devoted to his interests, and not to stand in the way of his will. On this ground his own feelings never faltered. Forgiveness was not an element of his nature. An enemy to him was always an enemy. To do good to an enemy was among his impossibilities. To enemies he aimed to do only evil. He had been alike a terror and an example to evil-doers. 94 LIFE AND TIMES OF His position as a judge had not helped him up. He had not a judicial mind. What he had not, he would never have by culture. He simply went on developing and letting out his inherent traits as op- portunities came. A cause, just or unjust, he could not separate from a friend or a foe. If it was not impossible, it certainly was difficult, for him to be im- partial in his judgments. His will could not be sep- arated from his verdicts. His personality was always uppermost. His opinion could hardly be unbiased. He was necessarily a partisan. His future experiences and acts only precipitated and crystallized the traits he had now exhibited. His defects, evils, and faults could never become goods or virtues. But his great powers were now to be utilized in a congenial field where license was law; and where the country, while realizing the benefits of his virtues, was also destined to feel the evils of his riotous will. The following borrowed picture may fitly end this chapter and period : — NASHVILLE CORRESPONDENCB NEW YORK HERALD. "Many are the interesting scenes of Jackson's life which his biographer, Parton, has omitted and not brought to light. When a boy I saw him scare and put to flight twenty thousand men. The occasion was this : Greyhound, a Kentucky horse, had beaten Double-Head, a Tennessee horse, and they were afterward matched for five thousand dollars a side, to be run on the Clover- bottom Course. My uncle, Josephus H. Conn, carried me on horseback behind him to see the race. He set me on the - see, who had, with his aged father and two others of his com- pany, after the period of his engagement had expired, volun- teered his services for this excursion, and attached himself to the artillery company. No man ever fought more bravely, or fell more gloriously ; and by his side fell, with equal bravery and glory. Bird Evans of the same company. Captain Quarles, who commanded the center column of the rear guard, preferring death to the abandonment of his post, having taken a firm stand in which he was followed by twenty-five of his men, received a wound in his head of which he has since died. " In these several engagements, our loss was twenty killed and seventy-five wounded, four of whom have since died. The loss of the enemy can not be accurately ascertained ; one hun- dred and eighty-nine of their warriors were found dead ; but this must fall considerably short of the number really killed. Their wounded can only be guessed at. " Had it not been for the unfortunate retreat of the rear guard in the affair of the 24th inst. I think I could safely have said that no army of militia ever acted with more cool and deliberate bravery ; undisciplined and inexperienced as they were, their conduct in the several engagements of the 22d could not have been surpassed by regulars. No men ever met the approach of an enemy with more intrepidity, or repulsed them with more energy. On the 24th, after the retreat of the rear 11— G 162 LIFE AND TIMES OF guard, they seemed to have lost all their collectedness, and were more difficult to be restored to order than any troops I had ever seen. But this was no doubt owing in a great measure, or altogether, to that very retreat, and ought rather to be ascribed to the want of conduct in many of their officers, than any cow- ardice in the men, who on every occasion have manifested a willingness to perform their duty, so far as they knew it. " All the effects which were designed to be produced by this excursion, it is believed have been produced. If an attack was meditated against Fort Armstrong, that has been prevented. If General Floyd is operating on the east side of the Tallapoosa, as I suppose him to be, a most fortunate diversion has been made in his favor. The number of the enemy has been diminished, and the confidence they may have derived from the delays I have been made to experience, has been destroyed. Discontent has been kept out of my army, while the troops who would have been exposed to it, have been beneficially employed. The enemy's country has been explored, and a road cut to the point where their force will probably be concentrated, when they shall be driven from the country below. But in a report of this kind, and to you who will immediately perceive them, it is not neces- sary to state the happy consequences which may be expected to result from this excursion. Unless I am greatly mistaken, it will be found to have hastened the termination of the Creek War, more effectually than any measure I could have taken with the troops under my command. " I am, Sir, with sentiments of high respect, " Your obedient servant, "Andrew Jackson." While this report claims a great deal for this ex- pedition from Fort Strother, there is throughout it the appearance of a strained effort on the part of Gen- eral Jackson to make much out of little. The report, especially towards the close, wears the face of an argument and defense. Indeed, it must here again be said, that if an Indian historian had been making a report of this raid the crow would not have been on General Jackson's side. In fact, the Indians always ANDREW JACKSON. 163 did claim that they whipped Jackson both at Emuckfau and Enotachopco. They ran both times, it is true. But what does that signify in looking at the matter from the Indian side ? Running is a part of his war tactics. The In- dian runs to fight again. General Jackson returned to Fort Strother much after the manner of one who, if he had not been whipped, was afraid that he would be. The Indians were not only the assailants in both cases, but they also harassed the retreating Tennesseeans, and finally made a desperate assault upon them which was disastrous enough, and about all they could bear. General Jackson undoubtedly con- ducted the expedition with the caution of an Indian fighter, but his little force was not able to resist a woods full of these savages, keen for the fray. The General had, in this unexpectedly difficult trip, another occasion to display his temper, and in it more than intimated an inclination to kill Colonel Stump on the spot, for cowardice. Several brave men fell in the two engagements, and, altogether, the expe- dition did not result as could have been desired, although General Jackson had gratified his wish to give the new recruits and the unoccupied officers some employment. John Coffee and several other brave fellows greatly distinguished themselves. Coffee was wounded in the first engagement, but at Enotachopco he rose from the stretcher on which he was carried, and appeared in the thickest of the fray. When Jackson saw him urging forward the men, it is said that he shouted, " We '11 conquer the enemy ; the dead have arisen and come to our aid." 164 LIFE AND TIMES OF On the 27th, Jackson reached Fort Strother, and soon afterwards the sixty-day men were sent home. Not, however, until Colonel Perkins and Lieutenant- Colonel John Stump had been tried before a court- martial, and the latter cashiered. In the meantime General Floyd had not been idle. On the 27th of January, while lying in camp (Camp Defiance), some distance west of the Chattahoochee River, near the Callibee Swamps, a large body of In- dians fell upon him, and a desperate conflict ensued, with the following result, as expressed in his report : — ' ' The steady firmness and incessant fire of Captain Thomas's artillery and Captain Adams's riflemen preserved our front line; both of these sufiered greatly. The enemy rushed within thirty yards of the artillery, and Captain Bi'oadnax, who commanded one of the picket guards, maintained his post with great bravery, until the enemy gained his rear, and then cut his way through them to the army. On this occasion, Timpoochie Barnuel, a half-breed, at the head of the Uchies, distinguished himself, and contributed to the retreat of the picket guard ; the other friendly Indians took refuge within our lines and remained inactive, with the exception of a few who joined our ranks. So soon as it be- came light enough to distinguish objects, I ordered Major Wat- ■ son's and Freeman's battalions to wheel up to right angles, with Majors Booth's and Cleveland's battalions, who formed the right wing, to prepare for the charge. Captain Duke Hamilton's cav- alry (who had reached me but the day before) was ordered to form in the rear of the right wing, to act as circumstances should dictate. The order for the charge was promptly obeyed, and the enemy fled in every direction before the bayonet. The signal was given for the charge of the cavalry, who pursued and sabered fifteen of the enemy, who left thirty-seven dead on the field. From the eff'usion of blood, and the number of head-dresses and war-clubs found in various directions, their loss must have been considerable, independent of the wounded. **I directed the friendly Indians, with Merriwether's and Ford's rifle companies, accompanied by Captain Hamilton's troop, to pursue them through Callibee Swamp, where they were trailed ANDREW JACKSON. 165 by their blood, but succeeded in overtaking but one of their wounded. "Colonel Newman received three balls in the commencement of the action, which deprived me of the services of that gallant and useful officer. The assistant Adjutant-General Narden was inde- fatigable in the discharge of his duty, and rendered important services ; his horse was wounded under him. The whole of the staff was prompt, and discharged their duty with courage and fidelity ; their vigilance, the intrepidity of the officers, and the firmness of the men, meet my approbation, and deserve the praise of their country. I have to regret the death of many of my brave fellows, who have found honorable graves in the vol- untary support of their country. "My aid-de-camp, in executing my orders, had his horse killed under him. General Lee and Major Pace, who acted as additional aids, rendered me essential services, with honor to themselves and usefulness to the cause in which they have em- barked. Four wagon and several other horses were killed, and two of the artillery horses wounded. While I deplore the losses sustained on this occasion, I have the consolation to know that the men whom I have the honor to command have done their duty." Floyd retreated after this engagement, in which his losses had been considerable, under the impression that his force was not sufficient ; and Red Eagle, or Weathersford, who commanded the Indians in person, claimed the Callibee as another score for them over the pale-faces. 166 LIFE AND TIMES OF CHAPTER XI. END OF THE CREEK WAR— BATTLE OF TOHOPEKA— JOHN WOODS— RED EAGLE— THE CONQUEROR BECOMES . A MAJOR-GENERAL— TREATY OF FORT JACKSON. ALTHOUGH General Jackson had been left at Fort Strother with a handful of men, his pros- pects were brightening, and the Creek War was rap- idly approaching an end. Governor Blount had been supported in his course by the Administration at Washington, and had used every means to raise an army of sufficient strength to bring the campaign to a speedy close. General Cocke had succeeded in raising two thousand men in East Tennessee, and more than that number were collected at Fayetteville under General Johnston. But better than all this. Judge Hugh L. White had succeeded in securing the services of the 39th Regiment of United States regulars, consisting of six hundred men under Colonel John Williams. On the 6th of February, this regiment reached Fort Strother, and by the close of the month General Jackson had an army of over four thousand men. The Choctaw Indians had also offered their services to him. The great desire to bring a speedy end to the war had brought about this wonderful result. There were yet difficulties in supplying the army, but this was ANDREW JACKSON. 167 mainly overcome in Jackson ordering the quarter- masters to secure provisions where they could, and leave the contractors to settle the bills. In assembling this force the final difficulty occurred with General Cocke with the result as shown in a previous chapter. Two things were especially prominent in this case, the misrepresentations of persons in and out of Cocke's command, and the outrageous fury and haste with which Jackson acted. As to any lack of patriot- ism, or any misconduct on the part of General Cocke more than would arise from such irritating circum- stances, the evidence is not so clear. The Court- martial in acquitting him, did him only simple justice, no doubt. In subsequent discussions of this affair, the advantage was given to General Jackson, Nor was he much to be blamed, as his actions were the result of many very doubtful representations. The whole contemptible difficulty with Cocke should be put down as a Jackson '''' faux pas'' But one of Jack- son's difficulties was hardly settled until another was founded, and it would be useless for the reader to look forward to a period in the General's career when he could hope for a departure from this rule. Before starting with this respectable army on his last Creek expedition, an occurrence of some impor- tance greatly disturbed General Jackson's camp at Fort Strother. This was the execution of John Woods, a private in the 28th regiment of West Ten- nessee infantry. The company to which Woods belonged had formally enlisted under Colonel Roberts and rejecting what they believed to be General Jack- son's determination to hold them for six months, when, under a written agreement, they were to be discharged 168 LIFE AND TIMES OF in three, they accordingly without leave or ceremony had gone home. The biographers have erred in pal- liating the case for Jackson, by saying that Woods was a deserter. Woods did not belong to the com- pany during its first organization under Colonel Roberts, and only appeared in it at this time as a substitute for his brother, who had been in the first organization. On arriving at Fort Strother, Woods being on guard duty one cold rainy day, was given a few min- utes to return to the quarters of his mess to eat the meal left for him. While thus engaged an officer came along and ordered him to clean up the untidy quarters. Woods said he was a guard, and refused to do the work. He was then ordered to return to his station, and this he also declined to do. Words followed, and Woods was ordered under arrest. But he resisted this order too, and the cry of mutiny rang over the camp. It is said that on hearing this cry Jackson ran out of his tent hollooing : " Which is the rascal ! Shoot him ! Shoot him ! Blow ten balls through the villain's body !" Characteristic conduct, indeed, whether the Gen- eral performed the undignified feat or not. But poor Woods was tried by a court-martial and sentenced to die ; and although nobody believed it would come to that, he was actually shot dead by General Jackson's order. Woods was only eighteen years old. Jackson said that the army needed an example of the kind to disprove the common impres- sion that a militia officer could not or would not dare to do such an act, and because the discipline of his army would be improved by this systematic killing. ANDREW JACKSON. 169 No man could ever have committed a greater mistake than to suppose that General Jackson would not dare, as a militia officer, to do such a thing. What would he not dare in any capacity ? In 1828, this matter became a theme of bitter partisan discussion, the friends of General Jackson using every possible, rea- sonable, and unreasonable ground of apology and jus- tification. It was much easier at that day, perhaps, to induce the people of this country to believe that the nature of the offense and the discipline of the army demanded the execution of the boy, than it would be at this day. From one end of Jackson's life to the other there were salient points which his friends were often at their wits' end to defend or jus- tify. It was easy for him to do what became more than a Herculean task for his defenders to undo. Both friends and enemies were ever on the alert for some Jackson ^'faux pas" which they might at any time expect. After the army had the pleasure ( ! ) ^^ seeing the execution of young Woods on the 14th of March, or- ders were given to break camp. The General had been for some time apprised that the Red Sticks were gathering and fortifying at a great bend in the Talla- poosa River, in Tallapoosa County, Alabama. At that point the river makes a bend, shaped like a horse- shoe, and for that reason was called Tohopeka. A small body of a hundred acres of land with rocky and woody heights, well suited to the Indian's idea of a battle-field, was embraced in this bend, the neck lead- ing into it not being over three hundred and fifty yards long. Here the Indians had determined to for- tify themselves, a strange step to be taken by them, 170 LIFE AND TIMES OF and to make a last effort to recover their fortunes, of which they felt more sanguine after the engagements of Emuckfau, Enotachopco, and Callibee. They knew how well the reports of those battles had been colored in favor of the, whites. Unfortunately, the written history of Indian wars, like everything else pertaining to the red race, has always been the work of white men. It was held that the Spanish and British were concerned in the selection of the position at Horseshoe, and that their agency was very apparent in the well- built log breastworks extending entirely across the neck from river to river. This breastwork was pierced with two rows of port-holes, and was the most consid- erable affair of the kind ever constructed by the sav- ages in their wars with the whites. A thousand war- riors with three hundred women and children were gathered on this peninsula. Their prophets had led them to believe that they would here be conquerors, and that no harm could befall them, as the Great Spirit would now revenge and uphold them. They believed, too, that they would be put to death if they were captured, and death being inevitable in any case, they determined not to ask quarter nor to surrender. If beaten at their breastworks they could retire into the natural defenses of the " bend," and if forced to the last resort they could take their canoes, arranged in a great fleet in the river, and seek safety in the wilderness on the opposite shore. But all of this calcula- tion was faulty, and their position could not have been better selected for their destruction, as will appear. It was the 27th of the month before Jackson ar- rived before Tohopeka, although it was but fifty-five miles from Fort Strother. Much of this time was. ANDREW JACKSON. 171 however, taken up in exploring the Coosa, in cutting roads, and establishing forts. At the mouth of Cedar Creek he built Fort Williams. General Jackson gave the following account of the battle of Tohopeka : — " Battle Ground, Bend of Tallapoosa, 28th March, 1814. •' Maj. Gen. Pinckney : «. Sir,— I feel particularly happy in being able to communi- cate to you the fortunate eventuation of my expedition to the Tallapoosa. I reached the head, near the Emuckfau, called by the whites the Horseshoe, about ten o'clock on the forenoon of yesterday, where I found the strength of the neighboring towns collected. Expecting our approach, they had gathered in from Oakfuskie, Oakehoga, New Yorcau, Hillibees, the Fish Pond, and Eufaulee towns, to the number, it is said, of one thousand. It is difficult to conceive a situation more eligible for defense than the one they had chosen, or one rendered more secure by the skdl with which they had erected their breastwork. It was from five to eight feet high, and extended across the point in such a direction, as that a force approaching it would be exposed to a double fire, while they lay in perfect security behind. A cannon planted at one extremity could have raked it to no ad- vantage. "Determining to exterminate them, I detached General Cofiee with the mounted men, and nearly the whole of the Indian force,, early on the morning of yesterday, to cross the river about two miles below their encampment, and to surround the bend in such a manner, as that none of them should escape by attempt- ing to cross the river. With the infantry, I proceeded slowly, and in order, along the point of land which led to the front of their breastwork ; having planted my cannon, one six and one three pounder, on an eminence at the distance of one hundred and fifty to two hundred yards from it, I opened a very brisk fire, playing upon the enemy with muskets and rifles whenever they showed themselves beyond it. This was kept up with short interruptions for about two hours, when a part of the Indian force, and Captain Russell's and Lieutenant Bean's company of spies, who had accompanied General Coffee, crossed over in canoes to the extremity of the bend, and set fire to a few of the buildings which were there situated ;' they then advanced with 172 LIFE AND TIMES OF great gallantry towards the breastwork, and commenced a spir- ited fire upon the enemy behind it. "Finding that this force, notwithstanding the bravery they displayed, was wholly insufficient to dislodge them, and that General Coffee had entirely secured the opposite bank of the river, I now determined to take it by storm. The men by whom this was to be effected, had been waiting with impatience to re- ceive the order, and hailed it with acclamation. "The spirit which animated them was a sure augury of the success which was to follow. The history of warfare, I think, furnishes few instances of a more brilliant attack. The regulars, led on by their intrepid and skillful commander. Colonel Williams, and by the gallant Major Montgomery, soon gained possession of the works, in the midst of a most tremendous fire from behind them ; and the militia of the venerable General Doherty's brigade accompanied them in the charge with a vivacity and firmness which would have done honor to regulars. The enemy were completely routed. Five hundred and fifty-seven were left dead on the peninsula, and a great number were killed by the horse- men in attempting to cross the river ; it is believed that not more than twenty have escaped. " The fighting continued with some severity about five hours, but we continued to destroy many of them who had concealed themselves under the banks of the river, until we Avere prevented by the night. This morning we killed sixteen who had been concealed. We took about two hundred and fifty prisoners, all women and children, except two or three. Our loss is one hun- dred and sixty wounded, and twenty-five killed ; Major Mcin- tosh (the Cowetau), who joined my army with a part of his tribe, greatly distinguished himself. When I get an hour's leisure, I will send you a more detailed account. "According to my original purpose, I commenced my return march to Fort Williams to-day, and shall, if I find sufficient sup- plies there, hasten to the Hickory Ground. The power of the Creeks is, I think, forever broken. "I send you a hasty sketch, taken by the eye, of the situa- tion on which the enemy were encamped, and of the manner in which I approached them. "I have the honor to be, etc., " Andrew Jackson. " Maj. Gen. Pinckney." ANDREW JACKSON. 173 This was a dreadful slaughter, indeed ; and although Jackson did all he could, perhaps, to induce the In- dians to surrender when the result was apparent, he was severely condemned years afterwards for what was termed the murder of these savages. For Talla- dega he was more justly censurable, perhaps. What could be done with an enemy that would not surrender, and would only fire on messengers bearing flags of truce and terms of mercy ? One of the bravest men who fought at Tohopeka was young Sam Houston, who subsequently cut a re- markable and not uninteresting figure in the politics of Tennessee, and in the affairs of Texas. Jackson was fortunate enough to have something happen to him at Tohopeka which was destined to be puffed into a large item for his popularity account. A manly young Indian wounded and captured, and laboring under the impression which had taken posses- sion of all these deluded people at Tohopeka, that they would be put to death if they were captured, said in the presence of General Jackson, while the surgeon dressed his wound, " Cure him, kill him again." The General assured him that such was not the design, and then took such a fancy to him as to send him to the Hermitage, where he lived as did Lencoyer. He finally married a negro and learned a business in Nashville. After the army returned to Fort Williams the Gen- eral issued the following address : — "SoLDiEr.8 OF Tennessee, — You have entitled yourselves to the gratitude of your country and your General. The expedi- tion from which you have just returned has, by your good con- duct, been rendered prosperous beyond any example in the history of our warfare ; it has redeemed the character of our State, and 174 LIFE AND TIMES OF of that description of troops of which the greater part of you are. "You have, within a few days, opened our way to Tallapoosa, and destroyed a confederacy of the enemy, ferocious by nature, and grown insolent from impunity. Relying on their numbers, the security of their situation, and the assurances of their proph- ets, they derided our approach, and already exulted in anticipa- tion of the victory they expected to obtain. But they were ignorant of the influence of government on the human powers, nor knew what brave men and civilized force could effect. By their yells they hoped to frighten us, and with their wooden fortifications to oppose us. Stupid mortals! their yells but designated their situation the more certainly, whilst their walls became a snare for their own destruction. So will it ever be, when presumption and ignorance contend against bravery and prudence. "The fiends of the Tallapoosa will no longer murder our women and children, or disturb the quiet of our borders. Their midnight flambeaux will no more illumine their council-house, or shine upon the victim of their infernal orgies. In their places a new generation will arise who will know their duty better. The weapons of warfare will be exchanged for the utensils of husbandry ; and the wilderness, which now withers in sterility, and mourns the desolation which overspreads her, will blossom as the rose, and become the nursery of the arts. But before this happy day can arrive, other chastisements remain to be inflicted. It is, indeed, lamentable that the path to peace should lead through blood and over the bodies of the slain ; but it is a dis- pensation of Providence, and, perhaps, a wise one, to inflict par- tial evils that good may be produced. "Our enemies are not sufficiently humbled; they do not sue for peace. A collection of them await our approach, and remain to be dispersed. Buried in ignorance and seduced by their prophets, they have the weakness to believe they will still be able to make a stand against us. They must be undeceived, and made to atone their obstinacy and their crime by still further suflfer- ing. The hopes which have so long deluded them, must be driven from their last refuge. They must be made to know that their prophets are impostors, and that our strength is mighty, and will prevail. Then, and not till then, may we expect to make with them a peace that shall be lasting." ANDREW JACKSON. " 175 Most of General Jackson's biographers have omitted from this address the words, "and, perhaps, a wise one." It did, indeed, put the General in a ludicrous light. His first venture in theology was not fortunate, although, after his fashion in all other things, it was strictly dogmatic. The weak point in the matter, with his biographers, was the apparent doubt the giant cast upon the wisdom of Providence. But the truth is that it was the General's secretary who really slipped in this case, as the stubborn old hero's theology, even at that day, was more substantial and trustworthy than that of some actual and eloquent blind leaders of the blind at the present time. " By the Eternal " was Jackson's constant and highest authority in all circumstances, and that with- out doubt or hesitancy. If any man had said " pshaw " to Jackson's theology, he would have "blown his head off" the same as for any thing of a more warlike character. Jackson now built a fort at the junction of the Coosa and Tallapoosa Rivers, which he submitted to have called Fort Jackson. But there was now little left for him to do, as Tohopeka had broken the spirit and destroyed the war power of the Indians. The brave conflict was at an end. Those who were yet disposed to fight fled to the protection of the Spanish authorities in Florida, and there found many British friends ready to advise them in the way to ruin. The wiser among the hostile leaders, yet left, sought the American camp and gave themselves up, with prayers for the suffering and starving of their misguided nation, but usually with- out a word for mercy upon their own heads. All of 176 ' LIFE AND TIMES OF the friendly Creeks, and those who now surrendered, were sent north of Fort Williams, Jackson telling them that all who gathered quietly in the northern part of Alabama should be protected and fed until they could again supply themselves. They were re- quired by the General to deliver up Weathersford, the leader of the massacre at Fort Minis, and the chief who had stood at the head of the war party. Weathersford was a half-breed, and bore the En- glish name of his father, William Weathersford. His father was a trader, and spent the greater part of his life wandering among the Indians. Although he took up his residence with the Creeks, he married a Semi- nole woman. She was the mother of this chief, who was by no means a savage. Weathersford's father acquired considerable property, had negro slaves, and was a person of some consequence among the wild people with whom he had become identified. But it is not meant here to put these facts to the credit of Weathersford. Low, indeed, would be the spirit and character of the white man who could deliberately desert his own race and its elevating civilization to adopt the society and manners of the savage. A few men of some worth to the Government of the United States in dealing with the Indians, men of some standing in their own race, have married these filthy squaws, and spent -most of their lives among their beastly kindred. The Chief Weathersford, or Red Eagle ( Lamo- chattee), received from his father, it is but fair to say, his humane character and other traits which served to distinguish him from the worst of savages. He had a large plantation down on the Alabama, ANDREW JACKSON. 177 cultivated it with slaves, kept fine horses, and was the most heroic character among the Creeks at the time of this war. He was slow in embracing the doctrines of Tecumseh, and did not do so until assured by Brit- ish successes at the north-west, and the representations of Spanish and British agents that the overthrow of this Government was certain. This, it was believed, would put an end to the advance of the white race upon the ancient dominions of the Indians. Weathersford led the attack upon Fort Mims at the outset, and was to the Creeks throughout the war what Jackson was to the Americans. The first battle at Talluschatches was a most wonderful display of deathless valor. There no warrior was left to tell the story. On the part of the Creek it was to be a con- flict of no quarter, and no surrender. At Talladega they fought like fiends ; they followed General Jack- son from Emuckfau on his retreat from a bare victory, and fell upon him with great fury at Enotachopco ; at Autossee Floyd's victory over them did not save him from a violent assault when he was on the retreat to safer grounds ; at Callibee Floyd felt their desperate valor; and Tohopeka was one of the most wonderful battles ever recorded in the annals of war. As the balls from the American cannons were buried in the wooden breastworks, the Indians laughed and believed themselves safe from any force. With nine or ten hundred men they fought without doubt or fear against more than double that number. In all their engage- ments after Fort Mims they contended against superior numbers of Americans. Their defense of their Ala- bama homes was far more determined, brave, and praiseworthy than that made by the people of the 12— G 178 LIFE AND TIMES OF United States for their country against its old enemy in the War of 1812. It is an interesting fact that the only place where these people failed to display their usual bravery was in the battle with General Claiborne towards the close of 1813, on their Holy Ground, selected by Weathers- ford to be a retreat for their warriors, flying from de- feat, where the Great Spirit would not allow the white man to come without death. After thirty or forty of their warriors were slain here, they fled, and Weathersford was the last to leave the field. He was seen alone on his gray horse after the wounded had been carried off, and all his braves had escaped in safety. In sight of the Americans he passed along the bluff a hundred feet above the surface of the Ala- baiiia River, rushed headlong down a ravine worn in it until it came out fifteen or twenty feet above the water, and here wildly leaped into the river. Both horse and rider went down, but they came up, and again mounting the horse he swam to the opposite shore. This wonderful leap is not a mere legend of the Creek war, but is apparently well authenticated. It was also fully proven that Weathersford made a desperate effort, at the peril of his life, to save the women and children from destruction at Fort Mims, and only gave way when the tomahawks of his mad- dened savages were raised over his own head. One thing was now left to this fallen chief, to sur- render to General Jackson, or fly to the Spanish towns. He wisely took the former course. He did not wait to be taken to the American camp, then at Fort Jackson, on the site of Toulouse, built a hundred years before by the French, at the junction of the two » ANDREW JACKSON. 179 rivers forming the Alabama, but, without care for the result, went forward and gave himself up. His ap- pearance greatly surprised General Jackson, as it did everybody in the American camp. Jackson is said to have rushed in fury from his tent, and asked Weath- ersford how he could dare to ride up to his tent after the murder of the inhabitants of Fort Mims. To this the chief boldly replied : — "General Jackson, I am not afraid of you. I fear no man, for I am a Creek warrior. I have nothing to request in behalf of myself. You can kill me if you desire. But I come to beg you to send for the women and children of the war party, who are now starving in the woods. Their fields and cribs have been destroyed by your people, who have driven them to the woods without an ear of corn. I hope that you will send out parties who will conduct them safely here, in order that they may be fed. I exerted myself in vain to prevent the massacre of the women and children at Fort Mims. I am now done fighting. The Red Sticks are nearly all killed. If I could fight you any longer, I would most heartily do so. Send for the women and children. They never did you any harm. But kill me, if the white people want it done." This speech was of the style to excite the admira- tion of General Jackson, which it would more readily have done had he then known that Weathersford really did all in his power to save the white women and children at Fort Mims. But he told Weathersford that his life should be spared, invited him into his tent, and there gave him the present terms of peace for his nation. To these the chief said : — "I have done the white people all the harm I could ; I have fought them, and fought them bravely ; if I had an army, I would yet fight and contend to the last, but I have none ; my people are all gone. I can now do no more than weep over the 180 LIFE AND TIMES OF » misfortunes of my nation. But I may be well addressed in such language now. There was a time when I had a choice, and could have answered you ; I have none now, even hope has ended. Once I could animate my warriors to battle ; but I can not animate the dead. My warriors can no longer hear my voice ; their bones are at Talladega, Talluschatches, Emuckfau, and Tohopeka. I have not surrendered myself thoughtlessly. Whilst there were chances of success I never left my post nor sujjplicated peace. But my people are gone, and I now ask it for my nation and for myself. On the miseries and misfortunes brought upon my country, I look back with the deepest regret, and wish to avert still greater calamities. If I had been left to contend with the Georgia army, I would have raised my corn on one bank of the river, and fought them on the other ; but your people have destroyed my nation. You are a brave man. I rely upon your generosity. You will exact no terms of a con- quered people but such as they should accede to ; whatever they may be, it would now be madness and folly to oppose. If they are opposed, you shall find me amongst the sternest enforcers of obedience. Those who would still hold out, can be influenced only by a mean spirit of revenge; and to this they must not and shall not sacrifice the last remnant of their country. You have told us where we might go and be safe. This is a good talk, and my nation ought to listen to it. They shall listen to it." This was true eloquence, distinguished by the sim- ple sentiments of a patriot and hero. Weathersford lived for several years in peace among the whites on his farm in southern Alabama. He died in 1826, too soon to see General Jackson in the Chair of the Great Fathers at Washington. The Georgia troops had united with those of Ten- nessee at Fort Jackson, and on the 20th of April, 1814, General Pinckney arrived and took command of them. Many congratulations were exchanged by the general officers, and according to the custom of all barbarous and semi-barbarous people in celebrating fortunate events, sometimes even unfortunate ones, ANDREW JACKSON. 181 two drinking feasts were given, one by General Pinck- ney, and one by the militia General Jackson. The philosophy or manliness of this custom is beyond mortal ken. That men should eat and drink themselves into fools for their good luck, or into forgetfulness for their misfortunes, is brutish. And yet in the very centers of learning and refinement, so-called, at this day, the vulgar and unreasonable practice prevails. Even in the literary schools, and at the " commencements " of medical colleges, among a class of men who should be models of health-giving deportment, young men are sent out with the last lesson one of incorrect and un- seasonable eating and drinking, if no worse. These are never feasts of reason, but of vulgar jests and platitudes, and simpering and strained compliments. On the 21st the Tennessee troops began their homeward march. At Fort Williams Jackson wrote as follows to Governor Blount : — "Fort Williams, April 25tli, at night. ** Sm, — General Pinckney joined me at Fort Jackson on the 20th. The enemy continuing to come in from every quarter, and it being now evident that the war was over, I received an order at three o'clock P. M., on the 21st, to march my troops back to Fort Williams, and after having dispersed any bodies of the enemy who may have assembled on the Cahawba, or within striking distance, and provided for the maintenance of posts between Tennessee and Fort Jackson, to discharge the remainder. Within two hours after receiving this order, I was on the line of march ; and reached this place last evening, a distance of about sixty miles. "To Brigadier-General Doherty, I shall assign the duty of keeping up the posts, which form the line of communication between Tennessee and the confluence of the Coosa and Talla- poosa, making the necessary arrangements to enable him to do so. About four hundred ot the East Tennessee militia will be 182 LIFE AND TIMES OF left at this place, two hundred and fifty at Fort Strother, and seventy-five at Fort Armstrong and New Deposit. Old Deposit will be maintained by Captain Hammond's company of rangers. "To-morrow I detail five hundred of the militia, under the command of Brigadier-General Johnson, to the Cahawba, with instructions to unite with me at Fort Deposit, after having dis- persed any bodies of the enemy they may find there assembled. " The commissioners who have been appointed to make a treaty with the Creeks, need have nothing to do but assign them their proper limits. Those of the friendly party, who have asso- ciated with me, will be easily satisfied ; and those of the hostile party, they consider it a favor that their lives have been spared them, and will look upon any space that may be allowed them for their future settlement as a bounteous donation. I have taken the liberty to point out what I think ought to be the future line of separation, with which I will hereafter make you acquainted. If they should be established, none of the Creeks wiU be left on the west of the Coosa. "Accompanying this, I send you a report made by the adjutant-general, of the killed and wounded at the battle of Tohopeka, which was omitted to be sent by the former express. " I have the honor to be, etc. Andrew Jackson." Early in May Jackson arrived at Nashville, where he was met as the conqueror of a nation. Felix Grundy received him in a speech on the part of the citizens, and the General made this reply : — "Gentlemen, — The favorable sentiment you have been pleased to express, by authority of your fellow-citizens, of the brave ofiicers and soldiers who composed my army in the late expedition against the Creek Indians, are received with the live- liest sensibility. " We had indeed borne with many outrages from that bar- barous and infatuated nation before the massacre at Fort Mims raised our energies to revenge the wrongs we had sustained. I participated in the common feeling, and my duty to my country impelled me to take the field. > I endeavored to discharge that duty faithfully ; my best exertions were used, my best judgment exercised. " In the prosecution of such a war difiiculties and privations ANDREW JACKSON. 183 were to be expected. To meet and sustain these became the duty of every officer and soldier ; and for the faithful per- formance of this duty they are amply rewarded in the expression of their country's approbation. "The success which attended our exertions has indeed been very great. We have laid the foundation of a lasting peace to those frontiers which had been so long and so often infested by the savages. We have conquered. We have added a country to ours, which, by connecting the settlements of Georgia with those of the Mississippi Territory, and both of them with our own, will become a secure barrier against foreign invasion, or the operation of foreign influence over our red neighbors in the South, and we have furnished the means not only of defraying the expenses of the war against the Creeks, but of that which is carrying on against their ally Great Britain. How ardently, therefore, is it to be wished that Government may take the earliest opportunity, and devise the most effectual means, of pop- ulating that section of the Union. " In acquiring these advantages to our country it is true we have lost some valuable citizens, some brave soldiers. But these are misfortunes inseparable from a state of war ; and while I mingle my regret with yours for the loss, I have this consolation, in common with yourselves, that the sons of Tennessee who fell contending for their rights have approved themselves worthy the American name ; worthy descendants of their sires of the Revolution." This Creek war had lasted only a little more than half a year, but its conclusion and results were of great benefit to the country. By this war the dealings of the Government with these Indians was much sim- plified at later periods. But especially in view of the. approaching conflict with the British on the Gulf was this fortunate conclusion of the war and peace with these Indians, of great value to this country. Several remarkable things characterized this Indian war : the inability of the States concerned to provide even necessary food for the small armies sent into the field ; the characteristic independence and insubordi- 184 LIFE AND TIMES OF nation of the private soldiers; the want of co-o[)era- tion between the different commanders ; the almost constant quarrels between General Jackson and the Tennessee general officers ; and the numerous difficul- ties between Jackson and his troops, resulting finally in the murder of John Woods as an example to stub- born soldiers. Notwithstanding these unfortunate, and, to a great extent, unjustifiable and inexplicable things, the cam- paign was of incalculable benefit to General Jackson. While it allowed a complete exhibition of all the traits long well known in him, it also furnished the oppor- tunity for bringing out qualities before little or not at all known in his character. He now appeared as a man of extraordinary executive ability, and as a soldier of superior merit. His national reputation began with the close of the Creek war. Before, he was known in Tennessee only, and that by his evil deeds, perhaps, more than his good ones. But he had turned a new leaf in his career which was attractive reading to Western people, and the 8th of the next January was all that was now lacking to complete his capital stock in the race for the Presidency, of which, however, he had no thought at that time. Indeed, no man could say that Jackson conducted the Creek cam- paign with a view to personal aggrandizement or fame. He did not allow anything to come in the way of the ex- ecution of what he believed to be his duty. Everything he did, however bad it was, like his daring adventures with his men, and his really praiseworthy acts, some- how went in with the general facts to increase his popularity. It would be utterly out of the question to assign to Andrew Jackson a degree of prescience ANDREW JACKSON. 185 which could enable him to so mix his good, evil, wise, unwise, extraordinary, selfish, unselfish, tyrannical, patriotic, and chivalrous deeds as to produce the pop- ular turmoil which would carry him to every stage of exaltation, politically, to which an American could attain. At this time, and for years afterwards, he simply acted out his vehement nature without refer- ence to consequences, especially to himself. Now, for the first time, the Administration showed a disposition to take advantage of the qualities Jack- son had recently displayed as a soldier. About the time of his return to Nashville a brigadier-general's vacancy occurred in the regular army, and this was offered to him. This position he looked upon as below his deserts and abilities, but while he was considering the course to take in the case, on the last day of May, 1814, he received notice from the Secretary of War of his appointment as a major-general to fill the place of General Wm. H. Harrison, resigned. This he gladly accepted, although he was yet suffering from the effects of his Indian campaign, and his dastardly rencounter with the Bentons. It was, perhaps, a bold experiment for the Administration to make this ap- pointment, based upon the Creek campaign and what was otherwise known of Jackson's character and tem- per, and yet it was subsequently a cry of his advo- cates that Mr. Madison was slow or willfully averse to recognizing his military qualities. The material for great soldiers was never more slowly developed in this country than during the War of 1812. But no appointment could have been more fortunate for the United States than this one ; and had the Administra- tion taken up with Jackson's suggestion and sent him 186 LIFE AND TIMES OF to Canada after his return from Natchez in the spring of 1813, the country would have been benefited greatly by the step, in all probability. During the summer of that year, with ten thousand soldiers Jackson would have marched from Buffalo to the mouth of the St. Lawrence and taken possession of all Canada, although the really golden opportunity for this master stroke was lost in the fall of 1812. General Jackson was now ordered to take charge of the southern division of the army, an assignment which evidently signified at that moment how little stress the authorities at Washington still placed upon his military ability, or it showed that his appointment had been submitted to from the pressing demands of the General's friends rather than a conviction of his superior suitableness. The assignment was little less than an insult, to all appearances, as the Southern Division, as it was called, contained only fragments of three regiments, and was without an enemy to fight. General Jackson was utterly unfit to be a mere quiet post commander. In taking charge of this division he was, however, authorized, in connection with Colonel Benjamin Hawkins, who had lived with the Creeks as their agent since the Presidency of Washington, by whom he had been appointed, to form a "treaty" with the Indians. But even with this the prospect was dull enough for a man who, having found the Red Sticks no match for himself, panted for the opportunity to strike foes of better metal and more worthy of the hate he had for them. There was no telling what the future would bring forth. On the 10th of July, General Jackson arrived at Fort Jackson, and began what was called the " treaty." ANDREW JACKSON. 1^7 He had received from Washington the general terras, and very well knew in what sense it would be a treaty. The Administration and its agents merely treated the Indians to certain 'demands and conditions, and they, poor, helpless people, submitted. This has always been the method of making trea- ties with the Indians. General Jackson fooled with these people a whole month, and then told them to sign what he had prepared as the treaty. But it all looked like fairness to the Indian, and, humoring him with the modes^ and rights of a free and equal party to the discussion, was, perhaps, for the best. This de- lusion the Government has always felt disposed to keep up. While it has been politic, it has been a bit of benevolence which the sad case has ever merited. The commissioners, as they may be politely termed, made known to the Indians the conditions of the treaty, in other words, the demands of the United States. A vast part of their territory was to be ceded to the United States as indemnity for the war ; they were to be denied all intercourse with the Spaniards of Florida ; to have no traders or agents except those authorized by the United States ; to have posts, roads, etc., built anywhere in their own or reserved territory at the discretion of the United States, and they were to deliver up the instigators of the war. All of this they could do except to part with so much land, a matter they took into long consideration. After all the speeches had been heard, and as much time spent as was deemed necessary, General Jack- son made the following cool and specious address :— "You know that the portion of your country which you desire to retain is that through which the intruders and mischief-makers 188 LIFE AND TIMES OF from the lakes reached you, and urged your nation to those acts of violence that have involved your people in wretchedness and your country in ruin. Through it leads the path Tecumseh trod when he came to visit you ; that path must be stopped. Until this be done your nation can not expect happiness, nor mine security. I have already told you the reasons for demanding it ; they are such as ought not, can not be departed from. This evening must determine whether or not you are disposed to be- come friendly. Your rejecting the treaty will show you to be the enemies of the United States, enemies even to yourselves. "When our armies came here, the hostile party had even stripped you of your country ; we retook it, and now offer it to you ; theirs we propose to retain. Those who are disposed to give effect to the treaty will sign it. They will be within our territory, will be protected and fed, and no enemy of theirs or ours shall molest them. Those who oppose it, shall have leave to retire to Pensacola. Here is the paper, take it, and show the President who are his friends. Consult, and this evening let me know who will sign it, and who will not. I do not wish, nor will I attempt to force any of you ; act as you think proper." A strange feature of this Creek treaty was the gift of lands to Jackson, Hawkins, George Mayfield, and Alexander Cornells. In the point of generosity the Indians were not disposed to be outdone. After submitting to the cession of their lands, willing or unwilling, they wanted to indicate their friendly feel- ings towards Jackson, their affection for Hawkins and Lavinia, his wife, and the two interpreters, one of whom, Cornells, was a half-breed, by stipulating that a part of the ceded lands should be deeded by the United States to these friends. General Jackson and Colonel Hawkins were to have, each, " three miles square," and the others a mile square. In the imper- fect language of the gift. Colonel Hawkins's " three miles square " was defined as three square miles, for it was to be taken in three bodies, each a mile square, which really, but undesignedly, gave him six square ANDREW JACKSON. 189 miles less than General Jackson was to receive. The gifts were accepted, and two years afterwards, in a message to Congress, Mr. Madison recommended that provision be made, in this exceptional instance, for carrying out this whim of the Indians. But Con- gress deemed it dangerous, even in this case, to admit presents to be made to agents and negotiators of treaties, and after looking over the matter a little, it was dropped, and no notice of it ever taken again. 190 LIFE AND TIMES OF CHAPTER XII. THE GOVERNOR OF FLORIDA HEARS FROM THE NEW REP- RESENTATIVE OF THE UNITED STATES— BATTLE AT FORT BOWYER— BARATARIA— JEAN LAFITTE, THE PIRATE AND PATRIOT. SOON after closing this Indian business, General Jackson proceeded, with his staff, to Mobile, which for a time became his head-quarters. His first step was to ascertain the condition of affairs on the Gulf, and especially did he make it his business to find out what the Indians and their pretended friends, the Spanish and British, were doing in Florida. Mobile was in no state of defense, and the fort at the Point thirty miles below, on the beautiful Bay, was not in use, and was possessed of an old arma- ment in no wise formidable. Jackson saw that this fort, with its rusty cannon and piles of rusty cannon- balls, was the point from which to make the defense. Mobile itself, a town of only a few hundred people, was not worth fighting for ; but it was then, as now, a great cotton-market, and was extremely valuable as a point of defensive operations to a vast extent ot coast, and next to New Orleans would have been the first object of interest to the British in carrying into effect their scheme of invasion from the South, and forming a connection with Canada by the Mississippi. ANDREW JACKSON. 191 Jackson at once set about repairing Fort Bowyer, since called Fort Morgan, at Mobile Point, and in it he placed Major Wm. Lawrence, of the Second Regi- j[ient of United States infantry, and one hundred and sixty men. These soldiers knew nothing of artillery fighting, and with them everything was to be learned and to be done to make Fort Bowyer what it was desired to be, a complete defense to the entrance of Mobile Bay. ♦ General Jackson now occupied himself in putting before the Administration the state of affairs at the South, and in urging on the troops then collecting in Tennessee, Mississippi, and Louisiana, for his army. On the 12th of September, Colonel Edward Nich- ols appeared before Fort Bowyer with a small body of English and Indians, the latter actually having submitted to be drilled as white soldiers at Pensacola. On the same day four British war-vessels also ap- peared, and a,nchored without the Point. A day or two the enemy now spent in reconnoitering and firing an occasional shot. On the 14th Major Lawrence sent a messenger to General Jackson, notifying him of the state of afl'airs. This messenger met the General on his way to visit the fort. He returned in great haste in his barge to Mobile, and in a few minutes had Captain Laval with eighty men on his way down to re-enforce Lawrence. Laval reached the neighbor- hood of the fort when the fighting was going on, and supposing himself too late to be of service, put back to Mobile to tell the General the unwelcome news. But Lawrence and his men took an oath to stand by the post, and fight while there was any hope. The whole British force, land and naval, was under the 192 LIFE AND TIMES OF direction of Captain W. H. Percy, of the ship Hermes. At 4 o'clock, on the 15th, the Hermes entered the narrow channel leading to the bay, and anchored within short range of the fort ; the other vessels followed, and the battle began. Broadside after broadside was poured into the fort, and the inexperienced Americans answered back as best they could. An occasional shot from them kept the land force at a respectful distance, and the battle was yet mainly with the ships, on the British side. In an hour and a half the flag of the Hermes went down, and Lawrence, thinking or hoping she had struck, ceased firing ; but when the smoke cleared away he saw his mistake, and resumed the contest. A fortunate shot now cut the anchor of the Hermes, when she became unmanageable and soon ran aground, but not until most of her crew had been killed or wounded. At this juncture the flag of the fort was shot down, which discovery led Woodbine, who had charge of the Indians, to think the garrison was beaten, and the time had come for scalps and spoils ; and accordingly, with a howl these gentle allies rushed towards the fort. But a little grape and canister speedily changed their view of the case, and sent them behind the hills again. Another of the enemy's vessels now appeared to be crippled, and showed a disposition to give up the contest ; and soon the}'' all moved out of the bay, and before midnight the Hermes blew up. When morning dawned nothing could be seen of the gallant Britons but their three ships, and before night they too had disappeared. On the same morning Laval arrived at Mobile with the news Jackson was loath to receive. And what was ANDREW JACKSON. 193 left for him to do ? Retake the fort, of course, and restore the loss as well as possible. To this end he began at once preparing to move his entire force. But at this moment the right turn was given to affairs by a courier from Major Lawrence bearing the following information : — "Fort Bowyer, September 15, 1814, 12 o'clock at night. "Sm, — After writing the inclosed I was prevented by the ap- proach of the enemy from sending it by express. At meridian they were under full sail, with an easy and favorable breeze, standing directly for the fort, and at 4 P. M. we opened our battery, which was returned from two ships and two brigs as they approached. The action became general at about twenty min- utes past four, and was continued, without intermission on either side, until seven, when one ship and two brigs were compelled to retire. The leading ship, supposed to be the commodore, mount- ing twenty-two thirty-two-pound carronades, having anchored nearest our battery, was so much disabled, her cable being cut by our shot, that she drifted on shore, within six hundred yards of the battery, and the other vessels having got out of our reach, we kept such a tremendous fire upon her, that she was set on fire and abandoned by the few of the crew who survived. At ten P. M. we had the pleasure of witnessing the explosion of her magazine. The loss of lives on board must have been immense, as we are certain no boats left her except three, which had pre- viously gone to her assistance, and one of these I believe was sunk ; in fact, one of her boats was burned alongside of her. "The brig that followed her, I am certain, was much dam- aged both in hull and rigging. The other two did not approach near enough to be much injured, but I am confident they did not escape, as a well-directed fire was kept on them during the whole time. ' ' During the action a battery of a twelve-pounder and a howitzer was opened on our rear, but without doing any execu- tion, and was silenced by a few shot. Our loss is four privates killed and five privates wounded. "Towards the close of the action the flag-staff was shot away; but the flag was immediately hoisted on a sponge-staff" above the parapet. While the flag was down, the enemy kept up their 13— G 194 LIFE AND TIMES OF most incessant and tremendous fire ; the men were withdrawn from the curtains and north-east bastion, as the enemy's own shot completely protected our rear, except the position they had chosen for their battery. "Where all behaved well, it is unnecessary to discriminate. Suffice it to say, every officer and man did his duty; the whole behaved with that coolness and intrepidity which is characteristic of the true American, and which could scarcely have been ex- pected from men, most of whom had never seen an enemy, and were now, for the first time, exposed for nearly three hours to a force of nearly or quite four guns to one. "We fired during the action between four and five hundred guns, most of them double shotted, and after the first half hour but few missed effect. "Upon an examination of our battery the following morn- ing, we found upwards of three hundred shot and shot-holes in the inside of the north and east curtains, and north-east bastions, of all calibers, from musket-ball to thirty-two-pound shot. In the north-east bastion there were three guns dismounted ; one of which, a four-pounder, was broken off" near the trunnions by a thirty-two pound shot, and another much battered. I regret to say that both the twenty-four pounders are cracked in such a manner as to render them unfit for service. "I am informed by two deserl^ers from the land force, who have just arrived here, and whom I send for your disposal, that a re-enforcement is expected, when they will, doubtless, endeavor to wipe off" the stain of yesterday. "If you will send the Amelia down, we may probably save most or all of the ship's guns, as her wreck is lying in six or seven feet water, and some of them are just covered. They will not, however, answer for the fort, as they are too short. "By the deserters we learn that the ship we have destroyed was the Hermes, but her commander's name they did not recollect. It was the commodore, and he, doubtless, fell on his quarter-deck, as we had a raking fire upon it, at about two hundred yards dis- tance, for some time. "To Captain Sands, who will have the honor of handing you this dispatch, I refer you for a more particular account of the movements of the enemy than may be contained in my letters; his services, both before and during the action, were of great im- portance, and I consider fully justify me in having detained him. ANDREW JACKSON. 195 Captain Walsh and several men were much burned in the accidental explosion of two or three cartridges. They are not included in the list of the wounded heretofore given. "The enemy's fleet, this morning at daybreak, were at anchor in the channel, about four miles from the fort ; shortly after it got under way and stood to sea ; after passing the bar they hove to, and boats have been constantly passing between the disabled brig and the others. I presume the former is so much injured as to render it necessary to lighten her. "At fifteen minutes after 1 P. M. the whole fleet made sail, and stood to sea. I have the honor to be, etc., ' ' William Lawrence. "Major-General Andrew Jackson, etc." General Jackson sent back a very complimentary reply to Major Lawrence, and, on the 17th, started a letter, setting forth the good news, on its long, doubt- ful journey to the Secretary of War. This was an important engagement for several good reasons ; but one of its effects was to decide for General Jackson a question which had, for a long time, been uppermost in his mind, that was as to the propriety of his marching to Pensacola, in the Spanish territory, and breaking up the nest of British and Indians collected there under the false neutrality of Spain. The Creeks who refused to come under the treaty of Fort Jackson, and who were yet hostile to the United States, had taken refuge under the Spanish flag at Pensacola, where they were not only supplied with arms by the Spanish Governor, but also incited to continue their warfare by promises of other aid. Of this Jackson had early been convinced. The following letter, written September 29, 1813, to Weathersford and the other chiefs of the war party by Gonzales Manxique, then Governor of Florida, which fell into his hands, only confirmed him in what he 196 LIFE AND TIMES OF had always felt to be true as to Spanish intrigue with the Indians and hostility to the United States : — "Gentlemen, — I received the letter that you wrote me in the month of August, by which, and with great satisfaction, I was informed of the advantages which your brave warriors obtained over your enemies. "I represented, as I promised you, to the Captain-General of the Havana the request (which the last time I took you by the hand) you made me of arms and ammunitions ; but until now I can not yet have an answer. But I am in hopes that he will send me the effects which I requested, and as soon as I receive them I shall inform you. "I am very thankful for your generous offers to procure to me the provisions and warriors necessary in order to retake the post of Mobile, and you ask me, at the same time, if we have given up Mobile to the Americans? To which I answer, for the pres- ent, I can not profit of your generous offer, not being at war with the Americans, who did not take Mobile by force, since they pur- chased it from the miserable oflBcer, destitute of honor, who com- manded there, and delivered it without authority; by which reasons the sale and delivery of that place is entirely void and null, and I hope that the Americans will restore it again to us, because nobody can dispose of a thing that is not his own prop- erty ; in consequence of which the Spaniards have not lost their right to it ; and I hope you will not put in execution the project you tell me of, to burn the tmvn, since those houses and properties do not belong to the Americans but to true Spaniards. "To the bearers of your letter I have ordered some small presents to be given, and I remain forever your good father and friend. (Signed,) Manxique." From Fort Jackson, soon after beginning the In- dian Treaty, the General had sent responsible men, at different times, to discover what was going on at Ap- palachicola, Fort Barrancas, and Pensacola. The state of the case was placed before the Secretary of War, and finally in one of his letters he wrote : — "If the hostile Creeks have taken refuge in Florida, and are there fed, clothed, and protected ; if the British have landed a ANDREW JACKSON. 197 large force, and munitions of war, and are fortifying and stirring up the savages; will you only say to me, raise a few hundred militia, which can be quickly done, and with such regular force as can be conveniently collected, make a descent upon Pensacola, and reduce it? If so, I promise you the war in the South shall have a speedy termination, and English influence be forever destroyed with the savages in this quarter." But he got no answer from the Secretary. On the 15th of July a reply had been written by General Armstrong, but it did not reach Jackson, for some reason, until after the battle of New Orleans, and the country was at peace with all her enemies. Although it did not contain the authority for which General Jackson asked, it did intimate what would have led him to the step which Fort Bowyer settled as advisa- ble for him. It acknowledged that if the Spanish authorities were doing as he represented, and if the Indians were gathering in force in Spanish territory to fall upon the people of this country, and if the British were using this neutral territory to organize warfare on the United States, then he would be jus- tified in entering Spanish territory with his army. This was exactly what he discovered to be the state of affairs, and would have acted on the argument as authority for his course. But a hint would have been enough for him. But General Jackson first concluded, as he gener- ally did, to try the virtue of words. He began an interesting correspondence with the Governor of Pen- sacola, now Maurequez, which lasted some time, and resulted in nothing. The General wrote in his stiff, dictatorial style, and the Spaniard just bubbled over with dignity, contemptuousness, and warlike defiance. He would not give up the Indians nor do anything 198 LIFE AND TIMES OF that Jackson asked. Finally, to end the useless cor- respondence, the General said : — "Were I clothed with diplomatic power for the purpose of discussing the topics embraced in the wide range of injuries of which you complain, and which have long since been adjusted, I could easily demonstrate that the United States have been always faithful to their treaties, steadfast in their friendships, nor have ever claimed anything that was not warranted by justice. They have endured many insults from the governors . and other officers of Spain, which, if sanctioned by their sovereign, amounted to acts of war, without any previous declaration on • the subject. They have excited the savages to war, and afforded them the means of waging it; the property of our citizens has been cap- tured at sea, and if compensation has not been refused, it has at least been withheld. But as no such powers have been delegated to me, I shall not assume them, but leave them to the represen- tatives of our respective governments. " I have the honor of being intrusted with the command of this district. Charged with its protection and the safety of its citizens, I feel my ability to discharge the task, and trust your excellency will always find me ready and willing to go forward in the performance of that duty, whenever circumstances shall render it necessary. I agree with you, perfectly, that candor and polite language should, at all times, characterize the commu- nications between the officers of friendly sovereignties; and I assert, without the fear of contradiction, that my former letters were couched in terms the most respectful and unexceptionable. I only requested, and did not demand, as you have asserted, the ringleaders of the Creek confederacy, who had taken refuge in your town, and who had violated all laws, moral, civil, and divine. This I had a right to do, from the treaty which I sent you, and which I now again inclose, with a request that you will change your translation, believing, as I do, that your former one was wrong, and has deceived you. What kind of an answer you returned, a reference to your letter will explain. The whole of it breathed nothing but hostility, grounded upon assumed facts and false charges, and entirely evading the inquiries that had been made. ' ' I can but express my astonishment at your protest against the cession on the Alabama, lying within the acknowledged ANDREW JACKSON. 199 jurisdiction of the United States, and which has been ratified in due form by the principal chiefs and warriors of the nation. But my astonishment subsides, when, on comparing it, I find it upon a par with the rest of your letter and conduct; taken together, they aflTord a sufiicient justification for any conse- quences that may ensue. My Government will protect every inch of her territory, her citizens, and their property, from insult and depredation, regardless of the political revolutions of Europe ; and although she has been at all times sedulous to pre- serve a good understanding with all the world, yet she has sacred rights that can not be trampled upon with impunity. Spain had better look to her own intestine commotions, before she walks forth in that majesty of strength and power which you threaten to draw upon the United States. "Your excellency has been candid enough to admit your having supplied the Indians with arms. In addition to this, I have learned that a British flag has been seen flying over one of your forts. All this is done whilst you are pretending to be neu- tral. You can not be surprised, then, but on the contrary will provide a fort in your town for my soldiers and Indians, should I take it in my head to pay you a visit. " In future, I beg you, withhold your insulting charges against my Government, for one more inclined to listen to slan- der than I am ; nor consider me any more as a diplomatic character, unless as proclaimed to you from the mouths of my cannon." Besides the testimony of the agents the General had sent out, as to the conduct of the Spanish Gov- ernor, the British officers made no secret of their movements. At all events, Edward Nichols, the com- mander of the land force, used every means under his control to make his purposes generally known. On the 25th of August several British war-ves- sels arrived at Pensacola, and threw a strong garrison into the fort below. A few days subsequently Nichols issued a proclamation, which he desired to have cir- culated throughout the country, addressed especially to the people of Louisiana and Kentucky, and in 200 LIFE AND TIMES OF which he made some wild promises in a kind of mean- ingless verbosity. Nichols's bombastic address to his soldiers was also circulated through General Jackson's camp, and sent throughout the country. But all of this folly had an effect quite contrar}'- to his design. The Americans were indignant, and a general desire arose in favor of Jackson proceeding against this audacious fellow on grounds that were very clearly neutral only in name. At this time another name of some historic interest, not wholly bad, became involved in the war on the Gulf. It was that of Jean Lafitte, who was called the "Pi- rate of the Gulf." Lafitte had been a blacksmith in New Orleans, and was a Frenchman by birth. In the general disorganization of the power of Europe in the Western World, which followed the establish- ment of the Republic of the United States, the waters of the Gulf of Mexico and the Caribbean Sea espe- cially became the center of a vast system of priva- teering, which often degenerated into the worst kind of piracy. When Colombia, South America, declared her determination to be free from Spain, she issued commissions to great numbers of adventurous men from all parts of the United States to prey upon Spanish commerce. Many of the citizens of New Orleans be- came interested in this new road to fortune, and many of the great estates of Louisiana were, perhaps, founded on the results of this freebooting business. Although it was contrary to the neutrality laws in letter and spirit, and the rules regulating the reve- nues of the Government, it is true that most of the citizens of New Orleans who engaged in this piracy forever went free of censure or condemnation. ANDREW JACKSON. 201 Jean Lafitte and his brother Pierre early fell into this contraband pursuit, at first acting only as agents in New Orleans for the sale of the products of this privateering. But the field was too inviting for men of such character, and soon the blacksmith left his anvil, and being a man of really fine parts and admi- rable address, he was not long in becoming the leader of a band of robbers on the Gulf. They established their depot on the Island of Grande Terre, and called it Barataria. This "Home of the Pirates" was situated about forty miles south of New Orleans, and was connected with that city by a narrow, tortuous bayou, which several times in its course expanded into lakes, at its north end terminated a mile or two above New Or- leans, and as far from the Mississippi, and at the other end had two narrow entrances to the Gulf of Mexico. The little bay of Barataria was secure from the larger vessels of war, and had an admirably safe retreat for the fleet, daring craft that operated from it. At the time General Jackson took charge of the south- western department the operations of these warlike smugglers had become a matter of general concern. The bayou terminating near New Orleans had be- come a great thoroughfare of trade. People were making fortunes trading with the " Pirates." But so open was the violation of international laws and the revenue laws of the Nation, that, for the honor of Louisiana, only recently become a part of the Re- public, it was deemed necessary to break up the retreat at Barataria. Jean Lafitte's fame was already wide- spread, and, although he was neither a soldier nor a sailor, he was both feared and courted. 202 LIFE AND TIMES OF On the second or third day of September, 1814, Captain Lockyer with his vessel, the Sophia, appeared off the entrance to Barataria. He was on a mission to Lafitte, the " Pirate."' The British Government never hesitated as to the manner of men she could bring to the support of her cause. In the Revolutionary war she had acquired this reputation. In this war she had already fully main- tained her former standing. On the Canadian border the savage allies had sustained their place in the esteem of their British friends. At this very time Woodbine, at Pensacola, was drilling several hundred Creeks, ridiculously incased in the red coats of the British soldier, to form a corps of scalpers for the royal army about to be transferred from the conquest of Napoleon to the conquest of America. And now they wanted to buy the services of a person whom they deemed one of the most dangerous men of the age. Captain Lockyer and two other officers held a consultation on shore with Lafitte, and Percy offered him a commission as captain in the British navy and thirty thousand dollars, if he would enter their service against the United States. Percy set forth the case in a letter to him ; and he was given a copy of Nich- ols's proclamation, and shown a letter from the redoubt- able Irish knight. Captain Lockyer also informed him of the British designs as to the capture of New Orleans, etc., and assured him that his rendezvous should be broken up if he did not comply with the British demand. Lafitte asked two weeks in which to decide and prepare, con- veying the impression, however, that at that time he would be ready to accept the offer. The sloop with ANDREW JACKSON. 203 Lockyer then sailed away. with a promise to return in fifteen days. How Lockyer and his vessel were employed in the meantime has, to some extent, been seen. . Lafitte at once set a,bout putting his information before Governor Claiborne, of Louisiana. Whatever else Lafitte was, he was a friend of America. Not less so perhaps, as he now showed by his actions, than Edward Livingston, who had long been his attorney, or than many others whose acts and conduct were never suspected. Lafitte believed his pursuit was the natural result of defective laws more than a crime against his adopted country. He also operated under a commission from a government that the Umted States was greatly disposed to favor. At any rate he hoped to recover his lost honor as a citizen by his patriotism exhibited under circumstances furnishing enticing temp- tations to a very opposite course. He immediately sent to the Governor the papers he had received from Captain Lockyer, and gave him all other information as to the designs of the British. And in his own defense he wrote to Blanque, a mem- ber of the Louisiana Legislature :— « You will see the advantages I might have derived from that kind of association. I may have evaded the payment of dutie to the custom-house, but I have never ceased to be a good citizen; and all the offenses I have committed I was forced to by certain vtes in our laws. In short, sir, I make you the depositary of Te secret on which perhaps depends the tranquillity of our ccnin- t;; ; please to make such use of it as y^-^^-^^^f.^^^^^^'X, I might expatiate on this proof of patriotism, but I let the fact spTak for itself. I presume, however, to hcpe that such proceed- ngs may obtain amelioration of the situation of my unhappy brother with which view I recommend him particularly to your influen e. It is in the bosom of a just man, of a true American 204 LIFE AND TIMES OF endowed with all other qualities that are honored in society, that I think I am depositing the interests of our common country, and what particularly concerns myself. "Our enemies have endeavored to work on me by a motive which few men would have resisted. They represented to me a brother in irons — a brother who is to me very dear ; whose deliv- erer I might become, and I declined the proposal. Well persuaded of bis innocence, I am free from apprehension as to the issue of a trial ; but he is sick, and not in a place where he can receive the attention his state requires. I recommend him to you in the name of humanity." In his letter to the Governor, he said : — * * In the firm persuasion that the choice made of you to fill the office of first magistrate of this State was dictated by the esteem of your fellow-citizens, and was conferred on merit, I confidently address you on an affair on which may depend the safety of this country. "I offer to you to restore to this State several citizens, who, perhaps, in your eyes have lost that sacred title. I offer you them, however, such as you could wish to find them, ready to ex- ert their utmost efforts in defense of the country. This point of Louisiana which I occupy is of great importance in the present crisis. I tender my services to defend it ; and the only reward I ask is that a stop be put to the proscription against me and my adherents, by an act of oblivion for all that has been done hitli- erto. I am the stray sheep wishing to return to the sheepfold. If you were thoroughly acquainted with the nature of my offenses I should appear to you much less guilty, and still worthy to dis- charge the duties of a good citizen. I have never sailed under any flag but that of the republic of Carthagena, and my vessels are perfectly regular in that respect. If I could have brought my lawful prizes into the ports of this State I should not have employed the illicit means that have caused me to be proscribed. I decline saying more on the subject until I have the honor of your excellency's answer, which I am persuaded can be dictated only by wisdom. Should your answer not be favorable to my ardent desires, I declare to you that I will instantly leave the country, to avoid tlie imputation of having co-operated towards an invasion on this point which can not fail to take place, and to rest secure in the acquittal of my own conscience." ANDREW JACKSON. 205 Already one of Lafitte's brothers was in prison in New Orleans, and indictments were pending against all Barataria. Indeed, the authorities had determined to break up the " Pirates' Retreat." The letters and papers from the British officers, and the whole case presented by Lafitte was generally believed to be a scheme of his own to preserve his vast ill-gotten gains, and restore himself to the favor of his State. But Governor Claiborne believed Jean was telling the exact truth, and accordingly placed the matter before General Jackson, who took the same view, but failed to see the virtues of the patriot pri- vateer. The feeling against the pirates was too great to be easily set aside. The expedition against Bara- taria was sent under command of Commodore Patter- son, who found his task an easy one. These bold, fearless adventurers refused to fight against the flag of their country. Some of them sought safety in flight, others gave themselves up. The booty was immense, but by no means such as had been set forth in the many lying tales of the " Pirates' Retreat." It has been held, unfortunately with no little show of truth, that this expedition for the destruction of Barataria was instigated more by cupidity than by patriotism or any of the moral virtues ; more from the desire to get possession of the fabulous wealth, how- ever it may have been obtained, than from detestation of the skill that evaded the law, or the sophistry which attempted to reconcile the crime to the common notion of citizenship, correct and well enough when untried. Edward Livingston and others, who had full confidence in the representations of Lafitte, finally suc- ceeded in arousing the people of New Orleans to take 206 LIFE AND TIMES OF steps for their defense. But Lafitte's good service in this case brought him little benefit, although the trial of the pirates left no certain evidence of the crime of piracy. One thing, at least, may be said of Lafitte, that however unfortunate the result of his case, and however great his disappointments, with the destruc- tion of all his cherished hope of restoration to honor- able citizenship, he never ceased to be patriotically devoted to his adopted country. Poor Jean was not destitute of good qualities among his many bad ones. In 1817, with all his earthly possessions, he left the United States to seek a home where his name might not be a source of terror to those around him ; but in a great storm on the Gulf of Mexico, he lost his life. Lafitte was not wicked from choice, nor did he exert his ability to injure the world. The great evil the race received from him was in the flood of infernal poison in the shape of piratical romances to which his real, supposed, and imaginary career gave rise. ANDREW JACKSON. 207 CHAPTER XIII. GENERAL JACKSON VISITS PENSACOLA WITH THREE THOU- SAND MEN— DRIVES THE BRITISH OUT OF FLORIDA— THE ONE MAN AT NEW ORLEANS— THE BRITISH ON THE MISSISSIPPI -PREPARATIONS FOR THE CONFLICT. SOON after the battle of Fort Bowyer, General Jack- son received Governor Claiborne's report of the dis- closures of Lafitte ; and on the 21st of September he issued a characteristic proclamation, in which he says : — " Louisianians ! The Government of your choice is engaged in a just and honorable contest for the security of your individual and her national rights — on you, a part of America, the only country on earth where every man enjoys freedom — where its blessings are alike extended to the poor and the rich — she calls to protect these rights from the invading usurpation of Britain ; and she calls not in vain. I well know -that every man whose soul beats high at the proud title of freeman ; that every Louis- ianian, either by birth or adoption-, will promptly obey the voice of his country, will rally round the eagle of Columbia, secure it from the pending danger, or nobly die in the last ditch in its defense." This intense outburst of patriotism was not with- out influence. The fiery soldier had not long to wait for the gathering of troops. His appeals to Tennes- seeans were everywhere heeded, but somehow the men from the General's own State were greatly prone to be mutinous. At this time while waiting for the collection of an army occurred the notorious mutiny 208 LIFE AND TIMES OF of the Tennessee militia by which some of them lost their lives, an event which many years afterwards became the foundation of serious charges against the conduct and character of Jackson. On the 25th of October General John Coffee arrived at Fort St. Stephen, on the Mobile River, with 2.800 men. On the following day Jackson him- self took command of this force. No word of instruc- tion had yet come from the War Department. He had now seen enough to convince him as to the step he should take ; and accordingly determined to enter Florida and rout the British and Indians, and bring the pompous Spanish Governor to a sense of his duty as the agent of an ostensibly neutral nation. He con- cluded, very patriotically, that the worst that could come of his assuming this responsibility would be to suffer for it himself. That the Government could be seriously involved by it with Spain, he did not believe. In a spasm of wild enthusiasm one of General Jack- son's biographers said of him in relation to this matter : — " Having been educated as a jurist, he was versed in princi- ples of the law of nations. He had a knowledge of the obli- gations which one government owes to another ; he was aware of the acts which this code would justify in a belligerent power, and the duty it enjoined upon a power that was professed a neutral one. Andrew Jackson educated as a jurist, and skilled in the principles of the laws of nations ! ! The simple state of the case was that General Jackson believed the work he was about to undertake was right in itself, and hoped the country would carry him out in it. His knowledge of the laws of nations did not go further than this, nor did he care to clog his steps with theories ANDREW JACKSON. 209 and principles. Then, too, the people at the South were clamoring for the execution of the purpose he had in view. On the 3d of November, with three thousand menj General Jackson set out on a three days' march to Pensacola, where he arrived on the evening of the 6th. But the Spanish Governor and his British friends had heard of the approach of the Americans, and were prepared to receive them, as they supposed. General Jackson without delay sent Major Pierre with a flag of truce, but the bearer was fired upon and not allowed to deliver his message. Later in the night a Spaniard who had fallen into the army the day before was sent to the Governor whom he found in excite- ment and doubt, and ready to save himself by any proper course. It was also ascertained that the British had fired on the flag of truce, although the Spanish flag alone was displayed over Fort St. George. Major Pierre was nov/ sent again, and this time succeeded in reaching the Spanish Governor to inform him that the American General had appeared before Pensacola, not as an enemy to Spain, but for the purpose of ridding the country of a treacherous foe, and to take charge of the fort then in possession of the British with all muni- tions of war, and that the fort and its arms would be held to his advantage in preserving the neutrality to which he pretended. The Governor was allowed an hour in which to make his decision, and in order to help him to a proper conclusion, he was reminded that the blood shed would be upon his head, if the Ameri- cans were compelled to resort to force. Late in the night Pierre returned to General Jackson with the answer that his terms were not acceptable. 14— G 210 LIFE AND TIMES OF The following letter to Governor Blount will show what then happened : — " Head-quakters, 7th Military District, 1 "Tensaw, November, 1814. ( "Sir, — On last evening I returned from Pensacola to this place. I reached that post on the evening of the 6th. On my approach, I sent Major Pierre with a flag to communicate the object of my visit to the Governor of Pensacola. He approached Fort St. George, with his flag displayed, and was fired on by the cannon from the fort ; he returned and made report thereof to me. I immediately went with the adjutant-general and the major, with a small escort, and viewed the fort, and found it defended by both British and Spanish troops. I immediately determined to storm the town ; retired and encamped my troops for the night, and made the necessary arrangements, to carry my determination into effect the next day. " On the morning of the 7th, I marched with the effective regulars of the 3d, 39th, and 4th Infantry ; part of General Cof- fee's brigade; the Mississippi dragoons, and part of the West Tennessee regiment, commanded by Lieutenant-Colonel Ham- monds (Colonel Lowry having deserted and gone home), and part of the Choctaws led by Major Blue, of the 39th, and Major Kennedy, of Mississippi Territory. Being encamped on the west of the town, I calculated they would expect the assault from that quarter, and be prepared to rake me from the fort, and the British armed vessels, seven in number, that lay in the bay. To cherish this idea, I sent out part of the mounted men to show themselves on the west, whilst I passed in rear of the fort undiscovered to the east of the town. When I appeared within a mile, I was in full view. My pride was never more heightened than in viewing the uniform firmness of my troops, and with what undaunted courage they advanced, with a strong fort ready to assail them on the right, seven British armed ves- sels on the left, strong block-houses and batteries of cannon in their front; but they still advanced with unshaken firmness, entered the town, when a battery of two cannon was opened upon the center column, composed of regulars, with ball and grape, and a shower of musketry from the houses and gardens. The battery was immediately stormed by Captain Levall and company, and carried, and the musketry was soon silenced by the steady and well-directed fire of the regulars. ANDREW JACKSON. 211 " The Governor met Colonels Williamson and Smith, who led the dismounted volunteers, with a flag, begged for mercy, and surrendered the town and fort, unconditionally. Mercy was granted, and protection given to the citizens and their property, and still Spanish treachery kept us out of possession of the fort, until nearly twelve o'clock at night. " Never was more cool determined bravery displayed by any troops ; and the Choctaws advanced to the charge with equal bravery. " On the morning of the 8th, I prepared to march and storm the Barrancas, but before I could move, tremendous explosions told me that the Barrancas, with all its appendages, was blown up. I dispatched a detachment of two hundred men to explore it, who returned in the night with the information that it was blown up ; all the combustible parts burnt, and the cannon spiked and dismounted, except two. This being the case, I determined to withdraw my troops ; but before I did, I had the pleasure of seeing the British depart. Colonel Nichols abandoned the fort on the night of the 6th, and betook himself to his shipping, with his friend Captain Woodbine, and their red friends. "The steady firmness of my troops has drawn a just respect from our enemies. It has convinced the Red Sticks, that they have no strong hold or protection, only in the friendship of the United States. The good order and conduct of my troops whilst in Pensacola has convinced the Spaniards of our friendship and our prowess, and has drawn from the citizens an expression that our Choctaws are more civilized than the British. " In great haste, I am, etc., " Andrew Jackson." Fort Barrancas was at the entrance to the harbor, six miles below Pensacola, and was wholly in the hands of the English. When the fort was blown up the British garrison and all their troops were carried out in the ships under Percy. General Jackson not knowing where they would next turn up, and fearing they might direct their attention towards Mobile in his absence, at once withdrew all his force from the 212 LIFE AND TIMES OF Spanish territory, and on the evening of the 11th reached Mobile. He soon afterwards found that Nichols and all the land troops had been conveyed to Appalachicola, which they were preparing to make their base of operations. Having taken one bold step, General Jackson was not slow to take another. His education as a "jurist" greatly helped him ! Accordingly a body of Indians and Americans was sent immediately against Appa- lachicola, and without much trouble the British In- dians were dispersed, and Colonel Nichols driven from Florida. A cry was now raised against Jackson for this invasion of Florida, as being an unnecessary in- fringement of the rights of peaceful neutral powers, and as likely to involve the United States in a war with Spain. And many years afterwards, in Presi- dential campaigns, this so-called unwarranted and cer- tainly unauthorized invasion of Florida was brought with every possible show of censure before the public. But little was accomplished by this. Jackson's popu- larity appeared to increase by opposition. Nor did it amount to any thing serious with Spain. And in all probability General Jackson did right. One thing is quite certain, it would be difficult to find an American to-day who would deliberately pronounce this invasion of Florida a Jackson faux pas. It was directly urged and justified by the attack on Fort Bowyer, and all the other circumstances in the case rendered it the only course left for the safety of the country. It was a necessity. The Spanish Governor was not only powerless to prevent the Brit- ish soldiers and adventurers from gathering in his ter- ritory, but was also in sympathy with them, and ANDREW JACKSON. 213 was aiding and abetting them in making it a safe rendezvous for them to prepare for invading the United States. If the British could not be dislodged from this territory, they could safely make it the point of organizing all their operations in the South. This charge of wrong-doing against General Jackson long ago justly fell to the ground. It never deserved se- rious notice among Americans, and never could have attracted any except in partisan conflicts where little regard is paid to truth or patriotism. On the 22d of November, General Jackson left Mobile for New Orleans^ which place he now shrewdly believed was to become the seat of war. On the 2d of December, he reached that city, and at the resi- dence of Daniel Clark, was introduced to committees from the State and city authorities, headed by Gov- ernor W. C. C. Claiborne. He was received in an earnest and patriotic speech from the Governor, and made a brief reply, which was translated and delivered in French by Edward Livingston, a member of the committee, and the first lawyer of New Orleans. After this ceremony the General proceeded to a building on Royal Street, which the appearance of the stars and stripes soon showed to be the head-quarters of the man who was to infuse life and harmony into the conduct of a confused and divided community. New Orleans then had a population of over twenty thousand people, and was the most foreign-like of all the cities of the United States. The majority spoke the French language, and although largely American born, were characterized by the French national traits. The Spanish residents were those who had become citizens under the old Spanish reign. There was also 214 LIFE AND TIMES OF a considerable sprinkling of Irish, English, and other nationalities, besides the Americans who had settled there at times from various parts of the Union, and who were at the head of the business, as well as of the patriotism of the place. Although immediately after the valuable disclosures made by Jean Lafitte were publicly divulged, Septem- ber 12th, Edward Livingston had called a public meet- ing to devise means for the common defense, yet little had been done. It was a community of suspicions and dissensions. A majority of the Legislature was at war with Governor Claiborne, and opposed all of his meas- ures for the emergency ; not, perhaps, from a lack of patriotism, but through intense, dastardly, personal ill- will. Claiborne was a native of Virginia, a man of energy and ability, and of undoubted devotion to the cause of his country; bat had managed to gain the dis- pleasure of many of these unreliable people. The Legislature was largely composed of Creoles, who were not legislators, nor were they endowed with any qualities which especially adapted them to such an emergency. Claiborne had succeeded in becoming the first governor of the State, and had he possessed the confidence of the people and Legislature, as he deserved to do, no man in Louisiana could better have filled the place he occupied at this important crisis. But the old Creole and Spanish population had no confidence in the new American or Yankee element, and utterly lacked themselves the spirit and faculty to accomplish any satisfactory results. The Americans in turn distrusted the old European or monarchic population, and did not believe that their devotion to this Government was such as to make ANDREW JACKSON. 215 them reliable in the day of need. In this wretched state of affairs little could be accomplished. But the efforts of Livingston and others had not been entirely fruitless. And before the end of the extraordinary campaign it was sufficiently proven that the people of New Orleans, as a whole, were not wanting in devo- tion to the cause of America. The man above all others fit to make the most of their qualities, and exactly suited to the emergency, was now with them, and all classes of them were eager to show him that they recognized these facts. Their services were offered in every capacity that suited their tastes. Jackson lost no time. Advantage was taken of every circumstance in the good disposi- tions of the people. The first thing the General did was to make him- self acquainted with the military and topographical condition of the city and surrounding country. He was soon able to see how defenseless the city was, and how much devolved upon him. He had been led by Governor Claiborne and others to entertain the most unfavorable, but really advantageous, idea as to the evil-disposed among the people. The military organization consisted of two small militia regiments, and a battalion of volunteers, the latter uniformed and commanded by Major Planche. There were also some new recruits, and a battalion of colored men, about two thousand in all. General Jackson had already sent Colonel A. P. Hayne to examine the mouth of the Mississippi with a view of making a defense at the Balize ; and on the morning of the 3d of December, Jackson himself in a large barge with his engineers and aids started down 216 LIFE AND TIMES OF to Fort St. Philip, sixty miles below New Orleans, This he decided at once to put in the best possible condition. A mile above this fort, on the opposite side of the river, where had stood Fort Bourbon, he ordered a battery to be planted. Twelve miles below the city he also ordered other works to be commenced.: It was the 9th of the month before he returned from this tour of inspection. The other great avenue to New Orleans was by means of Borgne Bay, or Lake Borgne, as it has for no apparent reason been called, and Lake Pontchartrain, six or seven miles from the city. These -are merely sounds too shallow for the navigation of the largest vessels, and are connected by a narrow strait, the outlet of Lake Pontchartrain. These the General visited at once, and was then able to take in the situation from his own view. This was, perhaps, the best route of the British, considering the defensible condition of the river. At all events, this approach was to be defended, and steps towards that end were at once begun. On the passage from Lake Pontchartrain to Borgne, Fort Petites Coquilles was built and manned. Six gun-boats had been armed by Captain Patterson with twenty-three guns and one hundred and eighty-two men, under Lieutenant Thomas Ap-Catsby Jones, on Lake Borgne, with orders to contest the entrance by the British. But this precaution had been taken before the General arrived to assume command at New Or- leans. Various bayous leading to the Mississippi and surrounding the city were filled with trees and other debris, rendering their use by the enemy more diffi- cult; and every means possible was provided to ob- struct their movement. On the Mississippi were also ANDREW JACKSON. 217 two armed vessels, the Caroline and Louisiana, under Captain Daniel T. Patterson. The army gathered at Mobile had melted away after the return from Florida, only about sixteen hun- dred men being left to follow the General to New Orleans, and these were on the way under the brave and faithful John Coffee. Tennessee was, however, rapidly filling her quota for the campaign. Troops from Kentucky and Mississippi were hastening on to this strange, new seat of war. In the meantime the British had been gathering at the rendezvous fixed upon, in Negril Bay, Jamaica. The fleet, under Admiral Alexander Cochrane, con- veying the army of Ross from defeat at Baltimore, and a considerable force from England under General Edward Keane, had assembled at this place. To this force was added Captain Percy's small fleet. Besides the seven or eight thousand soldiers, and more than that many sailors, there were actually accompanying the expedition, men appointed to administer the affairs of the territory which was to be conquered. Among these was a collector for the port of New Orleans. With them were their families, and many supernumer- aries coming out to share in the rare, romantic adven- ture which promised so much with so little hardship or danger. A vast fleet transported this proud, glit- tering, and undoubting host. Some of the largest ships-of-the-line, huge war- vessels of seventy or eighty guns, between fifty and seventy vessels of all sizes, bearing a thousand guns, made a brilliant and beautiful picture as they ap- proached the American coast on the 10th of Decem- ber 1814. In this great fleet were vessels especially 218 LIFE AND TIMES OF designed for bearing to England the two or three millions of dollars' worth of cotton and sugar stored in New Or- leans, as well as the other rich booty of which the Brit- ons even now felt themselves to be the owners. With the secrecy with which the great expedition had been managed, and now safe on the most remote and unpro- tected coast of the United States, where immediate succor would seem impossible to any small body of undisciplined troops which might collect to oppose their way, who in this great armada could have dreamed of misfortune ? The British fleet stood in for Lake Borgne, and soon reaching a depth too shallow for their large ves- sels, anchored on the 13th. The little fleet of five or six gun-boats, under Captain Jones, was at this time discovered, and to put this out of the way was the first object of Admiral Cochrane. Twelve hundred men were detailed from the vessels and placed in forty-three open boats, with forty-three guns, under the command of Captain Lockyer, to demolish the American gun- boats. Jones had been ordered to fight and retreat, and, finally, when pressed, to re-enter the Rigolets, enter- ing to Lake Pontchartrain, and under the shelter of the mud-fort of Petites Coquilles, fight to the last. But change in the wind and water prevented Jones from entering the strait, as he made every effort to do, as he saw the force sent against him. He, accord- ingl}'^, came to anchor in the channel between the main land at Point Clear and Malheureux Island, and pre- pared for battle. On the following day his little squadron was attacked, and, after a severe engagement of three hours' duration, was surrendered, boat after boat, to ANDREW JACKSON. - 219 the enemy. Captain Jones and most of his officers in all the boats were wounded, and fifty or sixty of the seamen were killed or wounded. The British loss in killed and wounded was, probably, over twice that number. On that very day General Jackson had visited the lakes, but before he reached the city he heard of the loss of the little gun-boat fleet which was designed to effect so much. The news of the disaster soon reached New Or- leans, and as soon threw it into commotion. And now Jackson's rare ability to command and control an incongruous, excited, and doubtful community in a great emergency, for the first time, as well as to organize an undisciplined army and fight against a superior force of regulars culled from the British army, was brought to the test. This was the most fortunate occasion in his life. It presented the very conditions designed to bring out his peculiar powers. General Jackson could only be great on great occasions. Where men ordinarily display great virtues or talents Jackson appeared to no advantage. His first thought was to send orders for the strengthening of the fort in the passage from Lake Pontchartrain to Borgne, and for the better defense of Chef Menteur, a fine bayou terminating near the rear of the city and opening into Lake Borgne, and along which a road led to the city. His next busi- ness was with the excited and divided people of New Orleans. On all hands there came loud cries of dis- satisfaction, of treason. The State Legislature was in session, and a more careless, quarrelsome, unrelia- ble legislative body, perhaps, never assembled in 220 LIFE AND TIMES OF America. From these men the General had already learned what to expect. It was now past the time for dallying. During the night of the 14th, Jackson wrote letters and dispatched messengers to John Coffee to hasten on, not stopping for night or sleep ; to General Thomas on the way from Kentucky ; to Colonel Hinds, of the Mississippi dragoons ; to General Winchester, at Mobile, notifying him of the condition of affairs, and urging him to the defense of Fort Bowyer, and the protection of his posts. He also wrote to the Secretary of War, sent a steamboat up the river to hurry on General Carroll, and to Fort St. Philip he sent a messenger with the order to hold the fort to the last man. Some desperate and uncommon measures seemed now necessary. Commodore (Captain) Patterson was unable to man his boats, although there were many sailors unemployed in the city. The offer of large bounties did not bring them. Appeals to the Legis- lature only brought delay and dissensions. Patterson in this extremity was bold enough to ask the Gover- nor, who was only too glad to favor every proposition which would advance the cause, to propose to the Legislature the suspension of the writ of habeas cor- pus. Among the American or Yankee population especially, the probability and necessity of a declara- tion of martial law was discussed. Edward Living- ston had given his opinion as to the unlawfulness of such a step, placing all the risk and responsibility on the General. Jackson decided. That was sufficient. No communication could be held with the Government, to share or take away the responsibility, although it is ANDREW JACKSON. 221 not evident that he believed the city to be liable to attack for some time, considering the usual manner of moving regular armies of great proportions. On the 16th the following proclamation was issued : — " Major-General Andrew Jackson, commanding the Seventh United States Military District, declares the city and environs of New Orleans under strict martial law, and orders that in future the following laws be rigidly enforced, viz.: — " Every individual entering the city will report to the adju- tant-general's office, and, on failure, to be arrested and held for examination. "No persons shall be permitted to leave the city without a permission in writing, signed by the General or one of his staff. "No vessels, boats, or other craft will be permitted to leave New Orleans or Bayou St. John without a passport in writing from the General or one of his staff, or the commander of the naval forces of the United States on this station. " The street lamps shall be extinguished at the hour of nine at night, after which time persons of every description found in the street, or not at their respective homes, without permission in writing, as aforesaid, and not having the countersign, shall be apprehended as spies and held for examination." The Legislature had previously shown unanimity enough to pass an unlawful embargo act, and now that body, brought under the spirit of Jackson, and to some extent, realizing the crisis, passed an act sus- pending processes for debt for several months. The Governor, wanting to devote his attention to the defense of the country, urged the Legislature to adjourn, but that was not agreeable to the majority of its members. Nor would they consent to suspend the habeas corpus. This Jackson now deemed it his duty to take charge of, which he did by declaring the writ suspended, and sending Judge Hall, who resisted, out of the city. 222 LIFE AND TIMES OF The city was now a military camp. Every man who was able was put on some duty. The old men who could do no better enrolled themselves for police service. The women even became warlike, and many of the spirited Creole beauties, who had heard the altogether foundationless rumor that the British watch- word was " Booty and beauty " armed themselves with daggers. One man controlled the city. Dissensions were gone. Harmony prevailed. Great security was felt, and with a remarkable spirit and readiness men rushed to obey the demands of the hour. The prisons were cleared. Criminals became patriots, and were mus- tered into the service of their country. Jean Lafitte now came forward and offered his services to General Jackson, which were reluctantly received, and from the swamps and the prisons two companies of his bold Baratarinn buccaneers were formed and became among the most efficient of the brave defenders of New Orleans. Jackson no more called them the " hellish banditti." General Jackson never neglected the pen, one of his two great resources, and the more exciting and desperate the occasion, the more he felt sure of this method of accomplishing his purpose. His appeals were mainly to the prejudices, passions, fears, pride, and interests, and of the most warm, if not exagger- ated, character. He now again resorted to this phin, and on the 18th of December, assembled and reviewed the troops then in New Orleans, and his volunteer aid and secretary, Edward Livingston, read the following addresses : — " To THE Embodied Militia : Fellow-citixem and Soldiers, — The General commanding in chief would not do justice to the ANDKEW JACKSON. 223 noble ardor that has animated you in the hour of danger, he would not do justice to his own feeling, if he suffered the ex- ample you have shown to pass without public notice. Inhabit- ants of an opulent and commercial town, you have, by a spon- taneous effort, shaken off the habits which are created by wealth, and shown that you are resolved to deserve the blessings of for- tune by bravely defending them. Long strangers to the perils of war, you have embodied yourselves to face them with the cool countenance of veterans ; and with motives of disunion that might operate on weak minds, you have forgotten the difference of language and the prejudices of national pride, and united with a cordiality that does honor to your understandings as well as to your patriotism. Natives of the United States ! They are the oppressors of your infant political existence with whom you are to contend ; they are the men your fathers conquered whom you are to oppose. Descendants of Frenchmen ! natives of France ! they are English, the hereditary, the eternal enemies of your ancient country, the invaders of that you have adopted, who are your foes. Spaniards! remember the conduct of your allies at St. Sebastian, and recently at Pensacola, and rejoice that you have an opportunity of avenging the brutal injuries inflicted by men who dishonor the human race. "Fellow-citizens, of every description, remember for what and against whom you contend. For all that can render life desirable, for a country blessed with every gift of nature, for property, for life, for those dearer than either, your wives and children, and for liberty, without which, country, life, property, are no longer worth possessing; as even the embraces of wives and children become a reproach to the wretch who would deprive them by his cowardice of those invaluable bless- ings. You are to contend for all this against an enemy whose continued effort is to deprive you of the least of these bless- ings; who avows a war of vengeance and desolation, carried on and marked by cruelty, lust, and horrors, unknown to civ- ilized nations. "Citizens of Louisiana! the General commanding in chief rejoices to see the spirit that animates you, not only for your honor but for your safety ; for, whatever had been your conduct or wishes, his duty would have led, and will now lead him to confound the citizen unmindful of his rights with the enemy he ceases to oppose. Now, leading men who know their 224 LIFE AND TIMES OF rights, who are determined to defend them, he salutes you, brave Louisianians, as brethren in arms, and has now a new motive to exert all his faculties, which shall be strained to the utmost in your defense. Continue with the energy you have begun, and he promises you not only safety, but victory over the insolent enemy who insulted you by an affected doubt of your attachment to the Coustitution of your country. ' ' To THE Battalion of Uniform Companies : When I first looked at you on the day of my arrival I was satisfied with your appearance, and every day's inspection since has confirmed the opinion I then formed. Your numbers have increased with the increase of danger, and your ardor has augmented since it was known that your post would be one of perU and honor. This is the true love of country ! You have added to it an exact discipline, and a skill in evolutions rarely attained by veterans; the state of your corps does equal honor to the skill of the officers and the attention of the men. With such defenders, our country has nothing to fear. Every thing I have said to the body of militia applies equally to you ; you have made the same sacrifices ; you have the same country to defend, the same motive for exertion ; but I should have been unjust had I not noticed, as it deserved, the excellence of your discipline and the martial appearance of your corps. "To the Men of Color — Soldiers! From the shores of Mobile I collected you to arms ; I invited you to share in the perils and to divide the glory of your white countrymen, I ex- pected much from you, for I was not uninformed of those qualities which must render you so formidable to an invading foe. I knew that you could endure hunger and thirst and all the hard- ships of war. I knew that you loved the land of your nativity, and that, like ourselves, you had to defend all that is most dear to man. But you surpass my hopes. I have found in you, united to these qualities, that noble enthusiasm which impels to great deeds. "Soldiers! The President of the United States shall be in- formed of your conduct on the present occasion, and the voice of the Representatives of the American nation shall applaud your valor, as your General now praises your ardor. The enemy is near. His sails cover the lakes. But the brave are united ; and if he finds us contending among ourselves, it will be for the prize of valor, and fame its noblest reward." ANDREW JACKSON. 225 Whether these colored men had any great aspira- tions for acquiring this " noblest reward " or not, they did exhibit an enthusiasm which excited admiration, even in those who had more scruples than Jackson in the means employed. The question of making soldiers of negroes, free especially, was settled by him, as he settled all other questions, by the present necessity of the case. The negro battalion was commanded by Major Daquin, a brave Creole, and they were among the bravest of the defenders of New Orleans. There was no disputing about their services, nor would it have aifected Jackson in the least if there had been. The brave were united. All of this had its effect. Fear was banished. Jackson's warlike appearance was not lost by his thinness of body, and his frail health. His enthusiasm was contagious. As he rode in re- view before the soldiers on the 18th, vast numbers of the people saw him for the first time, and the very sight of him renewed their confidence and courage. Few soldiers ever appeared to better advantage than General Jackson on horseback. His manners, too, were attractive and courtly. Notwithstanding his at- tenuated form, he could hardly suffer anywhere by comparison. Although the city was a military camp by the will of one man, the fact decidedly increased military ardor on every hand. Lawyers, judges, men of wealth and leisure, formed themselves into companies, and strove for the place of danger in the coming conflict. Nor were these men fame-seekers. The " noblest reward of valor" really had little charm for them. Patriotism and duty were higher and truer motives. With all its variable and treasonable population, no American city 15— G 226 LIFE AND TIMES OF made a nobler record in the War of 1812 than this. The infection of patriotism extended to the country and far up the Mississippi River. It is said that Madame Bienvenu, of Atakapas, was so imbued with the general feeling that she sent her four sons into the army, and then actually wrote to Governor Clai- borne that regretting greatly that she had no more sons to put in the service of the country on such a perilous occasion, she was ready to come to the city and give her own efforts to the care of the wounded, if needed, notwithstanding her age. After the capture of the gun-boats on Lake Borgne, Patterson sent Shields, his purser, and Dr. Morrell with a fl.a^ of truce to the British fleet to look after Lieutenant Jones and his wounded. Although it did not suit the British commander to allow them to re- turn, their mission proved greatly beneficial to the Americans. They took every occasion to converse together concerning the vast army now collected at New Orleans, and of the swarms of riflemen who were daily pouring to the standard of Jackson, and of the certain ruin that awaited the British. Although the British had bought the friendship of some fishermen with whom they had fallen in, and who had given them the real strength of the Americans and the de- fenseless condition of the city, they were now thrown into great doubt, and from this time on their move- ments were cautious and slow. A circumstance soon occurred to strengthen their caution, and start fears of the failure of the grand expedition which was to march up the great river, and take possession of the whole country to Canada. The British army was landed on Pine Island, fifty ANDREW JACKSON. 227 miles or more from the main-land where it had been designed to disembark, and there reorganized. In the meantime some officers had been sent in disguise to determine the most desirable place to effect the land- ing. These officers lauded at the mouth of Bayou Bienvenu which extended nearly to New Orleans, and was a good channel of over one hundred yards wide. Of this bayou the British had previously been ap- prised by some renegade Spaniards. They made their way across the swamps by this shoot, and then pass- ing over the belt of cultivated land, reached the Mis- sissippi only nine miles below New Orleans, after which they returned to pilot the expedition. On the 22d a part of the British army landed at the mouth of this bayou. " General " Villere, a planter in the region of Bayou Bienvenu, had been left by General Jackson to look after this passage to the city. And although Villere had entertained some idea of its importance, the little squad of guards he had usually kept at its mouth became careless, and the first detachment of English which landed had no difficulty in capturing them. But the capture of these careless soldiers was not especially unfortunate to the Americans, as the information they could have carried to New Orleans would have been of no benefit in bet- tering the state of affairs. They had no true knowl- edge of the strength of Jackson's farce, and their loud and extravagant conversation among themselves on this point was not gratifying to the British. They thought the invaders were doomed, and were open in asserting that Jackson had a force of twenty or twenty-five thousand men, which was hourly increas- ing. They were unaware, perhaps, of the service 228 LIFE AND TIMES OF they were rendering their country by their extrava- gant talk. Their stories only confirmed the represen- tations of Dr. Morrill and purser Shields. In view of these unfavorable reports, which they had no means of disproving, the British became more cautious. Indeed they were thus entirely misled, and based their proceedings largely upon this cheat. If the English commander had been favored by any number of deserters and traitors from the Ameri- can side at that time, it would have been impossible to draw from them a reliable estimate of Jackson's force and resources. It was a part of his policy to conceal as well as exaggerate his true condition. As the troops arrived most of them were halted at differ- ent distances from the city, and every means taken to fill the minds of the excited citizens, of the swarms of soldiers that were, like magic, overflowing the country. The citizens had themselves all been con- verted into soldiers by military order. And the very presence and enthusiasm of Jackson intensified the imaginations of the people and soldiers as to the invulnerability of their circumstances. The General's faculty of making much out of little, in an extraor- dinary emergency, was now fully exemplified. Notwithstanding the distance of Pine Island from the point of landing, and the difficulties of transferring the troops, General Keane determined to push forward with the sixteen hundred men landed as the first detachment, and gain the Mississippi before his land- ing even was known at New Orleans. He actually performed this feat, and at noon on the 23d reached the left bank of the river only about nine miles below the city. On one side of this little army lay the ANDREW JACKSON. 229 swamps through which it had passed, stretching away to the lakes, and on the other was the Mississippi River with its high levees and its surface above the surrounding country, the drainage all being through the ditches and bayous to the lakes. Between the river and the swamps was a narrow belt of rich plan- tations crossed in various ways by wide ditches. On one of these plantations, that of General Villere, under whom Jackson had placed the command of this region, the British army was posted. " Major " Gabriel Villere had been captured by them at his father's house before it was known that they had left their ships in Lake Borgne. The British had not only landed, but had actually planted themselves on the Mississippi within two hours' march of New Orleans without the American commander having any knowledge of their presence. There has been some dis- puting about the trivial matter as to how the Ameri- can General was first apprised of the presence of the British. But the important factor in the case is that General Jackson allowed the British to land any- where on Lake Borgne without his knowing it, and being ready to receive them. To this extent the English commander had surprised and outgeneraled him. A very romantic story is told by some of the historians of New Orleans about the adventure of young Major Gabriel Villere, who knocked down some of the British soldiers, made his way among them while they sent a volley of musket-balls after him, gained the swamps, crossed the river, and with two of his friends in broad day before the eyes of General Keane galloped away to carry the news to New Orleans. At half-past one o'clock they reached head-quarters c.i 230 LIFE AND TIMES OF Royal Street, and when they had made known the true state of the case, General Jackson is said to have brought into requisition his favorite oath, and a very extravagant assertion : " By the Eternal, they shall not sleep on our soil ;" and adding to his aids that they must fight the enemy that night. It seems likely that others were on the way, or actually did convey this information to General Jack- son ; but the important point that it was done, is about all there is certain in relation to it. No claim to this honor, however ridiculous it might be, could be set up without the support of perfectly reliable witnesses. Hinds, with his Mississippi dragoons, had arrived. Coffee was lying five miles above the city, and Car- roll, with the twenty-five hundred Tennesseeans and a cargo of muskets, had also appeared. Carroll was ordered to the Bienvenu, and did not participate with any of his men in the engagement of the night of the 23d. From Coffee's brigade there were 663 men, and of Hinds's dragoons 107 went down the river to engage the enemy at this time. Of the plan of the battle Walker says, in his florid, wordy style : — " The soldiers had all moved out of sight; still Jackson main- tained his position on the levee. It was evident that his pro- gramme was not complete. The anxious glances which he threw across the river betrayed some solicitude. At last, howevej, the frown faded from his brow, as he observed a small dark schooner cast off from the opposite bank of the river, and begin to float slowly down with the current. This was the Carolina, with Commodore Patterson, Captain Henly, and a gallant band of seamen on board. Then Jackson put spurs to his charger, and accompanied by his aids, . . . galloped rapidly down the road which had been followed by his little army. ANDREW JACKSON. 231 " Jackson's plan of attack was simple, judicious, and prac- tical. The Carolina was ordered to drop down in front of the British camp, and, anchoring at musket-shot, to open her batteries on them at half-past seven o'clock. At this signal, the right, under Jackson, consisting of the regulars, Planche and Daquin's battal- ions, McRea's artillery, and the Marines, was to push forward, being guided by Major Villere, who volunteered for the occasion, and attacked the enemy's camp near the river. Whilst they were thus engaged, Coffee, under the guidance of Colonel De la Ronde, was ordered with his brigade, with Hinds's Dragoons, and Beale's Rifles, to scout the edge of the swamp, and advanc- ing as far as was safe, to endeavor to cut off the communications of the enemy with the lake, and thus hem in, and, if possible, capture or destroy them. Such was the simple plan of the battle of the 23d of December, 1814." Of course, with the information Jackson had at this time, he could not have told with certainty the intentions of the British, nor could he have known what part of the enemy's force he was destined to en- counter. There appeared then but one other course for the British to take, considering the point from which they had landed, and this Jackson provided for the best he could, under the impression that the pres- ence of the enemy on the river might be a feint to cover the movement of his main force. For this rea- son it was that he sent Carroll with all the troops at his disposal to the head of Bayou Bienvenu, and Gov- ernor Claiborne with his militia out on the Gentilly road. But this precaution proved to be unnecessary. Look for a moment at the wonderful spectacle as it was now presented. In the British army gathering below New Orleans were said to be some of the finest troops England had ever sent to the battle-field. Some of them had fought against the extraordinary modern warrior, Napoleon, and the famous Ninety-third High- land regiment was the pride and boast of England. 232 LIFE AND TIMES OF And while all of this army had not covered itself and its country with honor, as the excesses of the Potomac and the Chesapeake would testify, it was supposed to be especially adapted to a great and bold adventure. In the way of equipments nothing was wanting. Over a million dollars it had cost Britain to organize and appoint this magnificent expedition. It was not the odds and ends of a poor monarch's last struggle. It was the glittering pageant of a proud, wealthy nation. The dress and arms of the common soldier, the style and pomp of the knighted officers, the vast armament and the varied and perfect equip- ment of the whole, were sources of wonder and admiration. In the fleet were some noble names, some of Eng- land's best. Nor, perhaps, was the romantic expedi- tion unfortunate in the temporary commander of its land force, in the person of General John Keane, or the really responsible commander, Sir Edward Pack- enham. General Keane had certainly succeeded in gaining, unmolested, the solid earth on the Mississippi above its obstructions, and although he did not push on to conquest, as some have claimed he should have done as a wise general, his reasons for doing so were sufficient, and he yet had maintained his fine reputa- tion as a brave and daring soldier. In some respects how changed is the picture in looking on the American side ! Less than a thousand regulars, and thes,e scarcely to be called such, were found in the army of General Jackson. The brave mounted riflemen under John Coffee wore slouch hats, carried tomahawks and dirks in their belts, and had the appearance of backwoodsmen returning from a long and ANDREW JACKSON. 233 wearing journey. There were the Mississippi Dragoons, the Louisiana militia, the variously clad Tennesseeans, the Baratarians, and the negroes of Daquin, mainly ununiformed, and armed with every kind of weapon. The whole appointment of this motley crew was ridic- ulous in comparison with that of the foe. Nor had General Jackson or any of his soldiers ever met a thoroughly equipped veteran enemy. It was a strange collection of men whose qualities were unknown, com- manded by a comparatively raw militia General. How- ever, had the whole army of England been on the bank of the Mississippi, it would have made no differ- ence with " Andrew Jackson, Esquire," as the Britons yet called him. He would have gone out to meet them all the same. Nor would he have modified his Quixotic assurance to the women of New Orleans, that the British would never enter the city as con- querors except over his dead body. 234 LIFE A^'D TIMES OF CHAPTER XIV. BATTLE OF THE NIGHT OF THE 230— BRITISH RECONNOIS- SANCE OF THE 28th— THE BRAVE BARATARIANS— THE STORY OF THE COTTON-BALES. BEFORE Jackson reached the scene of action, the Inspector-General, Colonel Hayne, had reconnoi- tered the British position with a boldness that greatly surprised them. In one of these reconnoissances a squad of horsemen went so near the enemy's lines that two of them were wounded, and the first blood was shed in the campaign before New Orleans. With Hinds's Dragoons, Hayne himself rode within pistol-shot of the Britons, and, after viewing hastily their position, scam- pered away unhurt amidst a shower of balls. The night came on. The enemy's fires were brightly burning. The camp-kettles held fresh, savory morsels from the hen-roosts and store-houses of the rich planters. But the security and quiet of the Brit- ish army were those that night lends to the moment in which no one can tell what the day may bring. At seven o'clock a schooner was descried coming slowly down the river. There were endless conjec- tures as to her object. It is said that some even hoped that she might be bringing provisions from the city, and the information that no resistance would be made at New Orleans. But conjecture was vain. She glided on. She was hailed, but deigned no reply. ANDREW JACKSON. 235 Her broadside was turned towards the British camp. At about half-past seven torches were seen on the vessel, and the silence was broken by the ominous words : " Take that for the honor of America." Then the wondering Britons knew the object of the myste- rious vessel. From the mouths of half a score of cannons from the Carolina Commodore Patterson had given the signal for attack. The camp-fires of the British told in the darkness the whereabouts of those who had made them. General Jackson had planned the attack to begin at this moment. And he hoped to be able to com- pletely surround and capture or destroy the British army. He waited but a few minutes to impress the enemy with the idea that no other foe would appear that night. Coffee, who was pressing along the swamp to fall on the enemy's rear, had not yet reached his destination. The main force of the Americans ad- vanced on the river road under Jackson himself, and now so filled up the narrow slip between the river and the swamp that Daquin's colored troops were pushed out of the line and into the rear. But the darkness concealed the break. The little army pressed forward. Leaving a hundred men with his horses. Coffee dis- mounted and rushed forward. A sharp firing in every direction showed the British that they had work to do besides hiding from the raking shots of the Caro- lina. From behind the levee, where they had sought shelter from the destructive fire of Patterson's boat, they were now sent out to resist the attack of the land force, which was as unexpected. The engage- ment now became general. The dim moonlight was of littfe service. The flashes of the guns and the 236 LIFE AND TIMES OF musketry alone revealed the location of the enemy, and even these failed at times. Every resource was used to distinguish friends from foes. But, on several occasions, the men on each side were found firing upon their own comrades. The confusion was terrible. By nine o'clock the fog had settled densely over the field, and all firing had ceased. The British re-enforce- ments had arrived by this time from the lake, hav- ing been guided in their march by the sound of the battle. Instead of preparing to renew the contest at day- break, General Jackson now determined to retire behind Rodriguez Canal, secure his position as much as possible, and await the movements of the enemy. • This was a most fortunate position for defense. The solid plain narrowed to less than a mile, having the river on one side and the swamp on the other. The canal had once been used as a mill-race, probably, and, although now, to some extent, filled with dirt and grass, it was readily turned to good use by the American army. It is utterly impossible at this day to give an ac- curate detailed account of this night engagement, if, indeed, it ever was possible to do so. There are no two accounts of it extant that do not differ in many essentials. The following outline report of General Jackson to the Secretary of War varies from all others, and adds the General's honorable mention of officers and men ; — "The loss of our gun-boats near the pass of the Rigolets, having given the enemy command of Lake Borgne, he was en- abled to choose his point of attack. It became therefore an ob- ject of importance, to obstruct the numerous bayous and canals, leading from that lake to the highlands on the Mississippi. This ANDREW JACKSON. 237 important service was committed, in the first instance, to a de- tachment of the Seventh Regiment, afterwards to Col. De la Ronde, of the Louisiana militia, and lastly, to make all sure, to Major General Villere, commanding the district between the river and the lakes, and who, being a native of the country, was presumed to be best acquainted with all those passes. Unfortunately, however, a picket which the General had established at the mouth of the Bayou Bienvenu, and which, notwithstanding my orders, had been left unobstructed, was completely surprised, and the enemy penetrated through a canal leading to his farm, about two leagues below the city, and succeeded in cutting off a com- pany of militia stationed there. This intelligence was communi- cated to me about twelve o'clock of the twenty-third. My force, at this time, consisted of parts of the Seventh and Forty-fourth Regiments, not exceeding six hundred together, the city militia, a part of General Coffee's brigade of mounted gun men, and the detached militia from the western division of Tennessee, under the command of Major-General Carroll. These two last corps were stationed four miles above the city. Apprehending a double attack by the way of Chief-Menteur, I left General Car- roll's force and the militia of the city posted on the Gentilly Road ; and at five o'clock P. M. marched to meet the enemy, whom I was resolved to attack in his first position, with Major Hinds's dragoons, General Coffee's brigade, parts of the Seventh and Forty-fourth Regiments, the uniformed companies of militia, under the command of Major Planche, two hundred of color, chiefly from St. Domingo, raised by Colonel Savery, and acting under the command of Major Daquin, and a detachment of artillery under the direction of Colonel McRhea, with two six- pounders, under the command of Lieutenant Spotts ; not exceed- ing, in all, fifteen hundred. I arrived near the enemy's encamp- ment about seven, and immediately made my dispositions for the attack. His forces, amounting at that time on land to about three thousand, extended half a mile on that river, and in the rear nearly tothe wood. General Coffee was ordered to turn their right, while, with the residue of the force, I attacked his strongest position on the left, near the river. Commodore Patterson, having dropped down the river in the scht)oner Caroline, was directed to open a fire upon their camp, which he executed at about half-past seven. This being a signal of attack, General Coffee's men, with their usual impetuosity, rushed on the enemy's right, and 238 LIFE AND TIMES OF entered their camp, while our right advanced with equal ardor. There can be but little doubt, that we should have succeeded on that occasion, with our inferior force, in destroying or capturing the enemy, had not a thick fog, which arose about eight o'clock, occasioned some confusion among the difi'erent corps. Fearing the consequence, under this circumstance, of the further prosecu- tion of a night attack, with troops then acting together for the first time, I contented myself with lying on the field that night ; and at four in the morning assumed a stronger position, about two miles nearer the city. At this position I remained encamped, waiting the arrival of the Kentucky militia and other reinforce- ments. As the safety of the city will depend on the fate of this army, it must not be incautiously exposed. "In this afl^air the whole corps under my command deserve the greatest credit. The best compliment I can pay to General CoflTee and his brigade, is to say, they have behaved as they have always done, while under my command. The Seventh, led by Major Pierre, and Forty-fourth, commanded by Colonel Ross, distinguished themselves. The battalion of city militia, com- manded by Major Planche, realized my anticipations, and behaved like veterans. Savery's volunteers manifested great bravery ; and the company of city riflemen, having penetrated into the midst of the enemy's camp, were surrounded, and fought their way out with the greatest heroism, bringing with them a number of prisoners. The two field-pieces were well served by the officers commanding them. "All my officers in the line did their duty, and I have every reason to be satisfied with the whole of my field and staff. Col- onels Butler and Piatt, and Major Chotard, by their intrepidity, saved the artillery. Colonel Hayne was everywhere that duty or danger called. I was deprived of the services of one of my aids, Captain Butler, whom I was obliged to station, to his great regret, in town. Captain Reid, my other aid, and Messrs. Liv- ingston, Duplissis, and Davizac, who had volunteered their serv- ices, faced danger wherever it was to be met, and carried my orders with the utmost promptitude. " We made one major, two subalterns, and sixty-three pri- vates, prisoners; and the enemy's loss, in killed and wounded, must have been at least . My own loss I have not as yet been able to ascertain with exactness, but suppose it to amount to one hundred in killed, wounded, and missing. Among the ANDREW JACKSON. 239 former, I have to lament the loss of Colouel Lauderdale, of Gen- eral Coffee's brigade, who fell while bravely fighting. Colonels Dyer and Gibson, of the same corps, were wounded, and Major Kavanaugh taken prisoner. "Colonel De la Ronde, Major Villere, of the Louisiana militia, Major Latour, of engineers, having no command, volunteered their services, as did Doctors Kerr and Hood, and were of great assistance to me." General Keane gave his loss in this night's battle, forty-six killed, one hundred and sixty-seven wounded, and sixty-four prisoners and missing. The Americans generally made a much higher estimate for them. Jackson's loss was twenty-four killed, one hundred and fifteen wounded, seventy-four prisoners or missing. Had Keane waited at the mouth of Bienvenu Bayou for the landing of his entire army, this battle would have been avoided, and his chances for the capture of New Orleans would have been greatly increased, if not assured beyond a doubt. The whole British army could have been landed in perfect secrecy, and been far on its way to New Orleans before General Jackson was aware of its presence. The first step of the British officer on American soil was a mistake. The surprise in his camp at night-fall was not indicative of generalship. The Irish- American was the superior soldier ; and by the view of the over-generous English- man, Cobbett, he was the most wonderful man and soldier in the world then or at any other period. Like most other night battles this was, in many respects, a failure. But it was now only a failure to the British. There is no question as to its benefits to the American cause. It assured the British of the fighting quality of the men with whom they had to contend ; it satisfied those men of their own ability to 240 LIFE AND TIMES OF resist ; it greatly exaggerated the resources and strength of the American General; it stopped the advance of the British at the best possible point for defense ; it gave the Americans time for fortifying and preparation, and the addition of the troops from Kentucky ; and although the delay which followed this battle brought re-enforcements to the British, it otherwise diminished their chances of success. Mr. Frost says : " This battle saved New Orleans. It checked the treacherous, confirmed the wavering, inspired the true." And Lewis says in his Eulogy on Jackson : — "The British had reached the Mississippi, and had encamped upon its banks, as composedly as if they had been seated, on their own soil, at a distance from all danger. They felt cer- tain of success, and that the American troops, so easily routed at Bladensburg, would scarcely venture to resist at New Orleans. Resting thus confidently, they would have moved forward the next day, and might have accomplished their designs. But 'Gen- eral Jackson, with a force inferior by one-half to that of the enemy, at an unexpected moment broke into the camp, and with his undisciplined yeomanry, drove before him for nearly a mile, the proud conquerors of Europe !" At four o'clock on the morning of the 24th, the Americans took their new position and began to in- trench and fortify. From New Orleans was brought every available instrument for the work. And strangely enough this work was allowed to go on without much interference from the British, until Jackson considered himself proof against their guns. On the night of the 27th of December, the fortification, if such it could be called, was finished from river to swamp. All of this time, it is said, Jackson was constantly on the ground watching every movement of the enemy, and pushing ANDREW JACKSON. 241 forward the work at every step, often taking his food on his horse as he rode from one part to another, and passing four days and nights without sleep. The old canal or ditch was dug four or five feet deep, and the dirt used to enlarge the bank or parapet to protect the little raw army. The canal was filled with water and a part of the plain flooded two feet deep by cutting the levee. An attempt was made to cut the levee below the British camp, but the low stage of water in the river prevented the success of this scheme. After the British reconnoissance of the 28th, which the Americans chose to treat as of no benefit, or as amuse'ment to them, bales of cotton were put into the embankment behind the American ditch. It was found that the heavy British guns tore up this mud and stick structure wonderfully, and Jackson began to fear that it might not stand more than dress reconnoissances. But the cotton proved to be a failure, as it would take fire, and from the smoke and otherwise annoy the men. Before the 8th of January it was all removed, so that the history of the wonderful cotton-bale fortification, behind which Jackson fought the British, falls like many other historic fictions. Like it, too, was the fine story of the cotton-dealer and the General. The cotton king came to Jackson and complained that his cotton was used in the embankment, and he wanted to see what protection he was to receive. Where- upon the. General, finding that this man was not doing any kind of military duty, ordered a soldier to bring him a musket, and handing it to the patriot, told him to take his post by his own cotton in the embankment, saying that no man could take more interest in the 16— G 242 LIFE AND TIMES OF protection of property than its owner. Now, although this affair was rather Jacksonian in character, unfortu- nately for the " Hero of New Orleans," it was Edward Livingston who had the transaction with the cotton merchant, and merely suggested that as the owner of the property, he should take a gun and step into the line. On the 25th Sir Edward M. Packenham arrived and took command of the British army. Although this event greatly elevated the hopes of this fine force, it had no such effect upon the young knight who came to win and govern a province. When he had looked over the ground he feared that his army had been placed in a situation where it could not be successful. From this fear he never recovered. It is held that at that time he would have withdrawn to Lake Borgne, and made the assault from some other direction. But from this view he was dissuaded by the counsels of Cochrane and other officers, who despised the American fortifi- cations, and considered it shameful to talk of them among men who had successfully carried at the bayo- net's point some of the most scientifically constructed military works. With Packenham came also General Samuel Gibbs to be second in command, who like Packenham had distinguished himself in the war against Napoleon. There had arisen general and loud complaint against Keane, and the change in the command brought great relief to the army of invasion. Nor was Keane less indisposed to get rid of the responsibility. Before, fortune had marked his way. In America, it appeared, he had entered the road to ruin. His first step after reaching the shore of Borgne was wrong, although he ANDREW JACKSON. 243 had executed it with success. His next mistake never was corrected, never could be. That was, in allowing the Americans to build a breastwork from the river into the swamp on the level plain, behind which they could resist the advance of a vastly superior army with little danger to themselves. On the 24th of December, poor Keane with his three or four thousand men should have moved on to New Orleans. It was not improbable that he could have driven the miscellaneous army before him. Al- though it was composed of brave men, they were not all Baratarians, and were subject to the inexplicable chances that beset militia, and inexperienced and un- soldierly men in great emergencies. General Keane was a brave man, but no great general. Nor was Eng- land at all fortunate in selecting general officers for this grand expedition. Noble-spirited, brave men they were, but not great leaders. However, had it been the Duke of Wellington, who arrived on the 25th, instead of Sir Edward Packen- ham, there is no reason to suppose he would not have pursued the same course with a similar result. Wellington believed the soldiers sent on this expe- dition were equal to any task. They would do what was in the power of man if they were led. British pride had much to do in the failure of this invasion. In the conduct of General Braddock and his sad defeat on the Monongahela in 1754, this pride was the prominent factor. And until after the War of 1812, it stood at the head of all their dealings with America. These proud naval and military heroes, gathered in the swamp and on the plain below New Orleans, while they really feared the uncertain force 244 LIFE AND TIMES OF that obstructed their way to the city, affected to despise any work they could erect for their own pro- tection, as they did the undisciplined mob that com- posed the American army. No such things were ever to be considered in estimating British valor. No Briton was less affected with this infatuation than the Duke of Wellington. Wellington was not unwill- ing to come over here to head this grand adventure. But the British Cabinet decided that it was quite sufficient for a man of less note to do this work in America. It was the same towering spirit of pride. All things here were underestimated. Nor is America under any obligations of gratitude to the English Ministry in withholding Wellington. His fate would have been the same. His splendid career would have had an inglorious ending on the low plains of the Mississippi. As it was, he lived to respect the name and character of Jackson, the rough soldier who would have had the misfortune and honor of defeating him at New Orleans. That other brave and noble Englishmen fell here, is sad enough, and that Wellington, in whom Englishmen and their descend- ants in America all have a proud interest, escaped is even now a source of gratulation. On the night of the 26th the British erected a battery on the levee for the purpose of destroying the Carolina, and her companion, the Louisiana. Packen- ham saw that these batteries in the river must first be removed. At daylight on the morning of the 27th, some hot shots were thrown into the Carolina, and she was set on fire, and, abandoned by her crew, soon blew up. Three days before the Louisiana had completed her armament and taken a position ANDREW JACKSON. 245 above the Carolina^ and with great effort she was got out of the way of the British battery, and an- chored above Jackson's ditch, where she was soon given an opportunity to try the skill of her inexpe- rienced crew. While affairs were progressing in this indecisive way with the main army, Jackson was not unmindful of other points. The right bank of the river was placed in a state of defense sufficient for the demand, it was thought. The swamp on that side approached nearer the river, and a line of defense was constructed from the river to it similar to that on the left bank. Com- modore Patterson erected a battery on that side, too, and took charge of it with the crew of the Carolina. A small detachment under the guidance of Jean Lafitte was sent to look after the bayous leading to Barataria Bay through which it was thought the British might attempt to steal upon the city. The passages to the lakes were also carefully guarded. By the destruction of the Carolina it became apparent that the enemy was really clearing the way for an advance on the American line. General Jackson believed it was the intention of the British to try his works on the following day. And in this he was not mistaken. On the night of the 23d Jackson had but two cannons, six pound- ers, and one of these would have been lost had it not been for his own efforts. These were planted in his line of works, and on the night of the 27th a twelve and a twenty-four pounder were also put in position, and early the next morning another twenty-four pounder. The Louisiana also had a good battery. On this night all the available American force was ordered 246 LIFE AND TIMES OF to join the main army. Amomg these were the crew of the Carolina^ and the Baratarians. These bold men since their release and pardon had been at Fort St. John. Early on the morning of the 28th they came in, having run all the way, anxious to have any opportunity to show their attachment to the Government of the United States. They were given charge of one of the twenty -four pounder guns, and were soon in action. The Baratarians were among Jackson's best soldiers, and none of the defenders of New Or- leans would have sold their lives more dearly than these men. Yet they were forever proscribed. They had been guilty of two crimes, if they had not been pirates. Pirates they hardly were, as they operated under commissions of an organized government. But they were smugglers, and they had made their ren- dezvous in a part of the territory of this country when at peace with the nation against which their depreda- tions were mainly directed. But the kind of piracy they had waged against Spain in favor of South Amer- ica, was at this time authorized by the United States against England. The Chesapeake Bay was called a pirate nest from 1812 to 1815, and great fortunes were smuggled into Baltimore. Old families now in that city, as well as others on the Atlantic border, can trace their wealth to this privateering and smuggling busi- ness during the War of 1812, as could some of those of New Orleans to the less respectable operations of Jean Lafitte. At 8 o'clock on the morning of the 28th, the British army moved in two divisions under Gibbs and Keane. Every means was taken to impress the Americans with the grandness and vastness of the display. The whole ANDREW JACKSON. 247 army was in full view on the plain. It was, indeed, a glittering, thrilling sight. Keane's division on the left moved forward partly protected by two farm-houses. But these were soon in flames from hot American shot. The Louisiana now made good use of her battery, and the five guns in the earth-works poured shot after shot into the advancing columns. From the sloop alone eight hundred shots were fired. The Britons were forced to take to the muddy ditches that crossed the plain, and finally in broken line, retreat to a safe distance. On the right, where the fortification was yet low and incomplete, and the ditch narrow, the British were more nearly successful in this big reconnoisance, as they termed it. Here the swamp was passable, and the American force was weakest, and a desperate effort of the right division, here at a moment would have changed the fortunes of that day. But the opportunity was not taken for some cause, and by three or four o'clock the whole British army was drawn off and returned to camp, full of mortification and disappointment, with a loss in killed and wounded of two hundred men, perhaps. The American loss on this day was nine killed and eight wounded. Many of the Americans felt from this day that they had whipped the British, and that what was yet to come was certain victory and com- parative safety to them. The British were corre- spondingly depressed, and more than poor brave Keane felt the shadows of utter ruin gathering about them. Still these brave men began to remedy what they found wanting, and prepare for the struggle they were bound to make, and which they hoped would be suc- cessful. As a matter of course the excitement had 248 LIFE AND TIMES OF been very great in the city, on this day. Conflicting rumors swayed the people from one thing to another. The Legislature had sent to General Jackson to know what course he would take, if forced from his position. He had roughly answered that he did 'not know, and that if the hair of his head could divine what he should do he would cut it off, but if driven to the city, they could expect a warm session. During the day it was rumored in New Orleans that the British had forced the line and were pushing forward. The object of the Legislature was to save the city. To General Jackson during the day was brought the intelligence that the Legislature was preparing to convey the city into the hands of the British. Al- though he did not believe this report, and desired to •treat that body with as much respect as possible, he sent word to Governor Claiborne to look into the case, and if he considered it necessary, to put a guard around that body when in session to prevent any con- nection from without to disturb them in their onerous task of making good laws. Claiborne did not under- stand the order, or did not care to understand it, or it was in the confusion not conveyed to him as given. At all events, he sent a squad of militia to take charge of the State House in the ab- sence of the Legislature, and when the members ap- peared they were not allowed to enter. Although un- designed by Jackson, this matter was long a source of great annoyance to him. When martial law was proclaimed he should have sent the members of the Legislature to their homes. Law-making at such a time was a farce, and would have been so even in a harmonious and able body of patriotic men. ANDREW JACKSON. 249 CHAPTER XV. BATTLE OF NEW ORLEANS— 8th OF JANUARY, 1815. THE British Generals now concluded that their only alternative was in the way of regular siege, that their first business was the destruction of the American earth-bank. For three days they were en- gaged in bringing heavy guns from the fleet, and by the last night of the year, they had succeeded in erect- ing six batteries or redoubts on the plain within from three to six hundred yards of the American line, mounting thirty pieces of eighteen and twenty-four- pounder cannons. Nor had General Jackson been idle. He had strengthened his works, and especially on the left leading to the swamp. The movements of the enemy were everywhere closely watched. The Louisiana lost no opportunity to use her big guns; and the batteries in the long low line of defense, now and then, tried their skill on a single Red Coat, when they could see nothing better, with an accuracy that amazed and ter- rified the enemy. On New-Year's morning, a dense fog covered the plain. What the British had done in the last twelve hours was a matter of doubt, but it was quite certain that they had been at work a great part of the night, not far from the line, and it was be- lieved by many that there would be busy times on New-Year's day. Notwithstanding this knowledge 250 LIFE AND TIMES OF the American army was not ready when the moment for action came. In strange contrast with General Jackson's sleepless watchfulness hitherto, was his conduct on this morning. The fashion and folly of gallanting around on this day could not be wholly dropped in this little, undrilled, miserably equipped army in the face of a splendid foe on the very point of attacking it. As the army could not go to the town, the town was to come to the army. Everybody was to appear in his best, and there was to be a grand review by the General. This unaccount- able folly would have been at great cost to Jackson and New Orleans had there been more discernment and skill in the British army, had Lord Cornwallis, or the father of its chief engineer, Sir John Burgoyne, been its commander. In the fog of that morning the whole British army could have advanced to within fifty yards of the American line without detection. They knew every foot of the ground and what was before them. Through the swamp or over the em- bankment they could have entered the American camp when the careless militia were preparing New-Year's parade. Still it is of little matter to care for what might have been, it is mainly with what was that it is necessary to deal here. The morning was far advanced before the fog cleared away from the American camp. About ten o'clock it moved off in a minute, and the sun shone warmly and brightly on the holiday scene. The flags were flying, the bands were playing, officers were moving in every direction in gay attire, and the review was about to take place. It was a gay scene from the British lines, and one that many a subaltern officer thought they ANDREW JACKSON. 251 ought to be improving in a different manner, to their advantage. Jackson's review did not take place, and many who came from town that day returned with sore hearts to tell of the great artillery contest that shook the low, baseless delta. The fog had hardly moved from the scene until the thirty British guns began a furious cannonade of the American line. With much confusion the gay parade was abandoned and the soldiers sought their places where duty and safety required, behind the works. Grreat showers of Congreve rockets filled the air and fell about the American camp. The twenty-four pounders buried their great shots in the mud wall and fired the cotton bales or tore them to pieces at the embrasures. Jackson walked from one end of the fortifications to the other encouraging the men, and observing the condition of the defenses. The moment of panic had subsided. The men were eager for the fray. So soon as the situation of affairs was seen, and the bearings of the low batteries of the enemy were taken, the American guns opened a terrific fire from every part of the long line. Patterson from his battery also joined in the fray. For an hour and a half these conflicting thunders roared. The British firing had not been without effect, but the result they anticipated was never reached. In vain did more than half of their grand army stand a few hundred yards in the rear of the fated redoubts waiting and watching for the contemptible mud-works and their contemptible defenders to be scattered before the great guns, that they might rush forward to complete the work. But brave, unlucky Britons, the moment for their services never came ! The firing ceased. The smoke 252 LIFE AND TIMES OF slowly cleared away. The sailors who had worked the six batteries were seen running to the ditches for pro- tection. The redoubts were torn to pieces, and fhe great guns lay broken and harmless on the plain. In the ditches the anxious army also took refuge, and not till night did they all re^ch their old, tentless, comfort- less, provisionless camp, which now had but one source of consolation in it, it was out of the reach of the deadly Yankee guns. Most of their own guns were hauled away that night. A few only of them were left to fall into the hands of Jackson eight days after- wards. Their loss had been thirty or forty killed and as many wounded in this battle of the cannons, in which they were again forced to acknowledge the superiority of the American artillerists. The Amer- ican loss was eleven killed and twenty-three wounded, and the greater number of these was of the New-Year's lookers-on. On this first day of the " glad new year," there came no joy to the British army. And a sad, gloomy night closed over' the failure of their cherished scheme. In speaking of this day, and its effects, one of the fairest of the British writers said : — " Of the fatigue undergone during these operations by the whole army, from the general down to the meanest sentinel, it would be difficult to form an adequate conception. For two whole nights and days not a man had closed an eye, except such as were cool enough to sleep amidst showers of cannon-ball ; and during the day scarcely a moment had been allowed in which we were able so much as to break our fast. We retired, therefore, not only baffled and disappointed, but in some degree disheartened and discontented. All our plans had as yet proved abortive; even this, upon which so much reliance had been placed, was found to be of no avail ; and it must be confessed that something like murmuring began to be heard through the camp. And, in ANDREW JACKSON. 253 truth, if ever an array might be permitted to murmur it was this. In landing they had borne great hardships, not only without i-e- pining, but with cheerfulness ; their hopes had been excited by false reports as to the practicability of the attempt in which they were embarked ;^ and now they found themselves entangled amidst difficulties from which there appeared to be no escape, except by victory. " In their attempts upon the enemy's line, however, they had been twice foiled ; in artillery they perceived themselves to be so greatly overmatched that their own could hardly assist them ; their provisions, being derived wholly from the fleet, were both scanty and coarse ; and their rest was continually broken. For not only did the cannon and mortars from the main of the enemy's position play unremittingly upon them both by day and night, but they were likewise exposed to a deadly fire from the opposite bank of the river, where no less than eighteen pieces of artillery were now mounted, and swept the entire line of our encampment. Besides all this, to undertake the duty of a picket was as danger- ous as to go into action. Parties of American sharpshooters harassed and disturbed those appointed to that service, from the time they took possession of their post until they were relieved ; whilst to light fires at night was impossible, because they served but as certain marks for the enemy's gunners. I repeat, there- fore, that a little murmuring could not be wondered at. Be it observed, however, that these were not the murmurs of men anx- ious to escape from a disagreeable situation by_ any means. On the contrary, they resembled rather the growling of a chained dog, when he sees his adversary and can not reach him ; for in all their complaints no man ever hinted at a retreat, whilst all were eager to bring matters to the issue of a battle, at any sacrifice of lives." This had been what is usually designated a glo- rious day to the Americans. Some good men had been killed or wounded, but a great victory had been won. The long line of fortification had now stood the severest test, and the weak points in it had been dis- covered. More than all this, it established in the Americans the absolute conviction of their final suc- cess, and made them fearless and invincible in their 254 LIFE AND TIMES OF determination. And now what was next to be done ? Nearly a week passed before this question could be answered in the American camp. Jackson was greatly at a loss now to decide what course the, British would pursue, as he could not believe they would again attempt to storm his line of defenses. He accord- ingly sent off a squad of men to Lake Borgne to dis- coA^er, if possible, the movements of the enemy at the mouth of Bienvenu Bayou, and also down the west bank opposite the British camp every possible effort was made to ascertain what might next be expected. One thing was, from the first, by all these recon- noissances, quite certain, that the British were going to fight it out on that line in some way. On the 4th, twenty-two hundred and fifty Kentuckians, under General James Thomas, arrived, two-thirds of them without arms, and one-half of them without clothes to keep them warm or to cover their bodies even. This was deplorable. Jackson had expected much from these troops, and they had expected to find arms and clothes in abundance awaiting them at New Orleans. Every body was disappointed. But the most was to be made out of a hard case. The Legislature, which had only been shut out of the State House for a day, now came nobly forward and made an appropria- tion to clothe these troops. The citizens of New Or- leans and the soldiers in the camp subscribed a con- siderable sum for the same purpose. The greater part of the money was spent for blankets, and these were, in an incredibly short time, made into coats and pantaloons by an army of patriotic women at New Orleans, and twelve hundred soldiers were soon sup- ANDEEW JACKSON. 255 plied with these, as well as the needy with shoes and other necessities. On the evening of the 6th, Friday, Jackson began to see the design of the British. Some efforts had been made to put the right side of the river in a more defensible condition. Men had, for several days, been engaged fortifying and strengthening that position, which had been erroneously and greatly neglected. The batteries erected on that side by Commodore Pat- terson had been more for operations against the enemy on the left bank, and were hardly prepared for defense. But every thing was done that could now be done. Patterson had discovered, as he thought, that the British were preparing to cross the river, and if they could do that and drive Morgan before them, they would turn his guns on Jackson, and there would be but one result to this stratagem, defeat of the Americans. On Saturday it was decided to send four or five hundred of the Kentuckians to the aid of Morgan and Patterson. These troops rushed off to New Orleans hoping to find arms collected by that time, but only about two hundred of them were supplied, and these crossed the river, and by four o'clock on the morning of the 8th reached Morgan's line. About twelve hun- dred of the poorest equipped soldiers were now on the right bank of the river, with two cannons in their whole line, besides Patterson's fine battery. The great line on the left had been strengthened, additional cannons mounted, every vestige of the cotton-bales which had burned and smoked, and greatly annoyed the soldiers on the 1st, had been removed, and no matter what had been neglected, or what 256 LIFE AND TIMES OF done on the west bank or anywhere, all was done that could be now, and the result would soon be known. The time had come. No man in the Amer- ican army was more confident of the result than the Commander-in-chief. To Governor John Adair, to whom the command of the Kentuckians had fallen by the sickness of General Thomas, Jackson appealed for his opinion of the defensibility of the works he had in so short a time erected. Adair was not lacking in resources, and told him that they could only be held against the desperate British assailants by having a strong reserve to beat them off as they should fall on one point or another. Jackson approved this view, and put the service into the hands of Adair and his unarmed Kentuckians. Adair at once set about gathering arms in New Or- leans, and prepared to do the work assigned him. Thus matters stood in the American camp on Satur- day evening before the final battle. All this night the greater part of the men were in arms at their posts. The morning was eagerly awaited, and no man could tell what it had in store for him. At one o'clock on the night of the 7th, General Jackson was aroused from a short sleep, at his head- quarters in McCarty's house, by a messenger from General Morgan and Commodore Patterson to assure him that the British were crossing troops to that side of the river, that the main attack would be made over there, and that it would be necessary for more men to be sent to the aid of Morgan. To this request Jackson replied : " Hurry back, and tell General Morgan that he is mistaken. The main attack will be on this side, and I have no men to spare. He must ANDREW JACKSON. 257 maintain his position at all hazards." This Morgan tried hard to do. The General now called his aids, and by four o'clock the entire- army was in line of battle. The whole American force on the left side of the river was formed into three divisions. On the right of the line the command was given to Colonel Ross, and the left division extending into the swamp to General Carroll. Under Carroll was the brigade of Coffee and the great part of his own corps from Tennessee. The Third Di- vision consisted of a thousand Kentuckians with all kinds of arms under General Adair and directly under commands from Jackson. This corps was formed fifty yards or so in the rear of Carroll as a reserve accord- ing to Adair's suggestion. The entire army under Jackson on the left bank of the Mississippi, on the morning of the 8th, amounted to about 5,500 men. But only about 3,000 of these could be placed in the line, and less than 2,000 were actually engaged in the battle. Of all these troops, less than a thousand were of the regular branch of the service, and most of these were new recruits. On the other side of the river General Morgan had but 812 men. Hence, the per- sistent misrepresentation of British writers in placing the Americnn army at twice the strength of that under Sir Edward Packenham. And several of them were not content even with that, but actually declared that General Jackson's force amounted to twenty-five or thirty thousand men. ^ For the number of men engaged, Jackson's artillery force was strong. In the line from the river to the swamp and in the redoubt, constructed outside of his breastworks, and across the ditch on the right he had 17— G 258 LIFE AND TIMES OF sixteen guns of all kinds and sizes ; and to these should be added Patterson's battery of nine guns, sit- uated to give aid to Jackson. General Morgan had three guns, making twenty-eight in all. Twenty-five of these were used in the main engagement. The British army was put into four divisions ; the main assailing force into the right under Gibbs, the left under Keane, and the reserve under General John Lambert, who had recently arrived with about two thousand troops, and a division of fourteen hundred men under Colonel W. Thornton to be sent to the west side of the river, about nine thousand in all. Two of the British regiments were black men from the West Indies, who proved to be much worse than nothing. In this mild winter climate they were freez- ing, and from cold and cowardice they were worthless. Notwithstanding this one of these black cowardly regi- ments was designated to carry ladders for scaling the American parapet, and bundles of sticks for bridging or filling the ditch, for the left division. Although their fascines were not needed by this part of the army, this black regiment marched behind and not before, and never would have been able to get up with their sticks. For nearly a week the British army had been opening an old ditch from Bayou Bienvenu to the river through which they expected to float and drag boats in which to transport Thornton's division to the other side of the river. This they had, after great exertions, finished, but the river falling they were not able to get into boats to carry over one-half of the men designed for that part of the assault. Thornton was delayed in getting over with even these, so that Packenham determined to proceed with the ANDREW JACKSON. 259 plan of attack he had already issued. At four o'clock the British army marched out and took the positions assigned them as nearly as possible in the fog, on the plain a few hundred yards from the American lines. In the early part of the night three or four batteries had been erected at different distances from the Amer- ican works, for protecting the advance. The fog was slow in clearing away, and as day- light approached, the British army with great difficulty maintained its organization or was able to know what was taking place. With great forebodings many of these brave men went into this battle. They believed that it would be their last. About six o'clock the fog began to lift, and the red line of the enemy was seen for the first from the American parapet. Cheers went up from both sides. The cannons in the Ameri- can line now began the work of death. As the ad- vancing columns were rent asunder they were closed up, and marched on. When the division of the right, under Gibbs, came within two hundred yards of the American line, Carroll opened with his rifles, and as one column fired and withdrew from the breastworks, another was ready to take its place, from the Ken- tucky reserve as well as from the Tennesseeans. A constant stream of fire and shot rolled from the low works. When the British column slowly approached it was observed by their officers that the Forty-fourth, a good regiment, commanded by Colonel Mullens, a soldier of family, which was to carry the ladders and fascines for the right wing, was advancing without them. It was a terrible moment. The regiment was or- dered back to stack their arms and bring their burdens 260 LIFE AND TIMES OF from the place where they were deposited near the American works beyond the picket line, early in the night. The column again pressed forward after the momentary pause. At this juncture Packenham came up with the Forty-fourth, running with fascines and ladders, but in great confusion. This brave General cried to them to remember that they were British sol- diers, and hasten forward. But it was too late. The advancing column had halted and then given way within a hundred yards of the American line. As Packenham rushed towards the front he met General Gibbs, who told him that the men would not obey or follow him. Packenham waving his hat rode amidst the shower of balls in front of the column and urged the men forward, until a ball broke and shattered his right arm, and his horse fell dead. On McDougal's horse he rushed after the retreating column. The Ninety-third Highlanders now came forward under Keane to fill the place and renew the effort to assault on the American left, where it was supposed to be weakest. Both Packenham and Gibbs cheered for- ward this body of noble men. But Packenham, with his arm dangling at his side, seemed now to have a premonition of what was coming, and ordered the Ad- jutant-General, Sir John Tylden, to call up the reserve under Lambert. At this moment a shot struck his thigh and tore it open. McDougal was again at his side, and as he bore him up another shot struck him in the groin. He was borne to the rear, and under a live- oak, a few minutes afterwards, he died. Colonel Dale soon fell, as he had predicted, mortally wounded, at the head of the Highlanders. General Gibbs was borne from the field with a mortal wound, from which ANDREW JACKSON. 261 he died the next day. This had scarcely occurred until brave Keane was carried from the field with two severe wounds. In the meantime Sir John Tylden had given the order to General Lambert, and the bugler was directed to sound the advance to the reserve. But the poor bugler was shot in the very act of giving the call. The Highlanders never reached the ditch. When two- thirds of their number were shot down they, too, took to flight. All hope was now gone. But a few of the brave Britons reached the ditch where they remained under the protection of the parapet to be captured when their friends had given up the dreadful struggle. On the left of the line one British officer, Lieuten- ant Lavack, actually gained the summit of the para- pet unharmed, and coolly asked two American officers to surrender to him, without knowing that his men were not following him. On the American right. Colonel Rennie, a daring Briton, drove the men on the outposts before him with such rapidity that it was impossible to fire upon him without wounding their own soldiers. In this way he rushed after and among them and entered the circular battery across the ditch, and drove its defenders by the board walk to the parapet, which he and two of his officers also reached, and where they remained alive long enough to cry out : " Hurrah, boys ! the day is ours." By eight o'clock the living part of the British army had been entirely withdrawn from the field. The plain was covered with the dead and wounded. The firing ceased along the American line. The smoke cleared away. Through the American camp, and far to the rear where hundreds of anxious listeners had gathered. 262 LIFE AND TIMES OF shout after shout rent the air, and bore the glad tidings to the saved city. The great work was done, and with as little loss of life and as little occasion for sorrow as history has anywhere recorded among great events. Now for the first Jackson began to think of the other side of the river. From his position it was soon discovered that there the British had been suc- cessful. This was an unlooked-for state of affairs, and at once changed the aspect of things in the vic- torious camp. Sympathy and sorrow for the wounded that lay on the plain before them was changed for the moment to apprehension and anger. Something was to be done. Morgan's men were flying towards the city, and in a moment Patterson's great guns might be turned to the destruction of his own countrymen. This is the way matters went on the right side of the river. It was the wise plan of the British General to carry first the right side of the river and with the captured guns of the Americans and those accompany- ing their own corps, thus readily clear the way for his assailing main force on the east side. But Thorn- ton had been delayed and could not get over to accomplish his easy task at the time designated for the assault on the main line, and Packenham deemed it unnecessary for an army so superior and splendid to be delayed in moving upon works so insignificant defended by hunters and " chimney-sweeps." Getting off with half the force designed for the expedition at nearly four o'clock, Thornton set out in his boats for the opposite side, and was carried a mile down the river by the rapid current, but there landed without opposi- ANDREW JACKSON. 263 tion. The great battle had begun before he had formed his line and started for General Morgan's position. Morgan had thrown out an advance column of between two and three hundred men, mostly Kentuck- ians, under Colonel Davis. These he routed without hindrance. Davis halted his men and took position at the poor line of defense behind which Morgan was stationed with his main force, consisting of Louisiana militia. Thornton extended his front so as to embrace Morgan's entire line, which he charged at once. Mor- gan made a vigorous defense for a few moments ; his three cannons were handled with skill, and the British were on the point of sharing the fate of their friends on the east side of the river. But Thornton was equal to the occasion. His three carronades were immediately opened upon Morgan's batteries, and at the head of a division of his men he soon put the Kentuckians to flight, and forcing the Louisianians to give way, took possession of their line of defenses. In the meantime, Patterson seeing how things were going, turned his guns to bear upon the advancing British. But Davis's flying braves coming in the way, he was compelled to spike his guns and retire on the road towards the city. Morgan with his militia retreated in body to the Louisiana, which they suc- ceeded in hauling out of the reach of the enemy. At this juncture Thornton, who had been wounded, received the news of the great disaster to the main army, and, although he had re(5eived several companies of re-en- forcements, and was preparing to make the most of the incalculable advantages he had gained, he was soon afterwards ordered to abandon them and rejoin the main force in the old camp. This was another of the 264 LIFE AND TIMES OF chain of fatal steps taken by the British General in this campaign. Thornton was now situated to scatter the Americans from behind their breastworks on the east side, and on an open field the poorly armed, undisciplined army of Jackson could hardly have with- stood the remaining British force under Lambert. Two or three things combined to bring about the fortunate turn for the Americans at this dangerous crisis. General Lambert, who had succeeded to the com- mand of the British army, sent a flag of truce to General Jackson asking for an armistice of twenty- four hours. This Jackson granted on condition that hostilities should cease on the east side of the river only, and that no more troops from either army should be sent to the other side. Lambert asked until nine o'clock on the morning of the 9th to con- sider these terms, and in the meantime brought Thornton and his whole force across the Mississippi. Jackson supposed, in making this offer, which resulted so beneficially to him, that he had already sent enough men over there to whip the British, and that it could all be done before noon the next day. But this was a mistake, as the re-enforcements for Morgan had not crossed the river, the militia refusing to serve under the old French officer, Humbert, whom Jackson had appointed to command them. But by the proposition itself Lambert was led to believe that General Jackson had a sufficient force on that side to crush Thornton. He also felt insecure in his own position, and believed that his entire force would be necessary to resist the Americans should they now become the assailants. No sooner had Thorn- ANDREW JACKSON. 265 ton decamped than Morgan and Patterson returned and began to restore the recovered position. Thus was the victory of New Orleans secured beyond a doubt. On the morning of the 9th a line of pickets of both armies was formed on the plain three hundred yards in front of the American works, and to that line the American soldiers carried the British dead and wounded and gave them to their friends. Most of the dead Britons were buried on one of the plantations, where their remains have never been disturbed. The bodies of Generals Packenham and Gibbs and several other officers were put in casks of rum and carried to England. The British placed their loss in the battle of New Orleans at about two thousand in killed, wounded, and missing; but Colonel Hayne, Jackson's inspector-gen- eral, estimated their loss at twenty-six hundred, which was, perhaps, more nearly the correct figure. The American loss was eight killed and thirteen wounded. The British General now decided to abandon the unfortunate expedition, and at once set to work in great secrecy to build a road which would bear his army up through the swamp to Lake Borgne, where he hoped to be able to embark without hindrance. At noon on the 9th the armistice was ended, and General Jackson began to consider the propriety of attacking the enemy in his camp and cutting off his retreat to Lake Borgne. In Jackson's own mind at first view this was the thing to be done. But he called a council of officers who strongly and unanimously declared against leading out a militia force to be attacked by a still strong army of now desperate regulars. It was then decided to remain behind the intrenchments, and continue the picket 266 LIFE AND TIMES OF warfare, and the occasional cannonade which had before rendered the condition of the British camp intolerable. How effectual this kind of warfare was may be, to some extent, estimated by the following extract from the writing of a British officer : — "We never closed our eyes in peace, for we were sure to be awakened before many minutes elapsed by the splash of a round shot or shell in the mud beside us. Tents we had none, but lay, some in the open air, and some in huts made of boards, or any materials that could be procured. From the first moment of our landing, not a man had undressed excepting to bathe, and many had worn the same shirt for weeks together. Besides all this, heavy rains now set in, accompanied with violent storms of thun- der and lightning, which, lasting during the entire day, usually ceased towards dark, and gave place to keen frosts. Thus were we alternately wet and frozen ; wet all day, and frozen all night. With the outposts, again, there was constant skirmishing. With what view the Americans wished to drive them in, I can not tell ; but every day were they attacked and compelled to maintain their ground by dint of hard fighting. In one word, none but those who happened to belong to this army can form a notion of the hardships which it endured, and the fatigue which it underwent. ' ' Nor were these the only evils which tended to lessen our numbers. To our soldiers every inducement was held out by the enemy to desert. Printed papers, offering lands and money as the price of desertion, were thrown into the pickets, whilst indi- viduals made a practice of approaching our posts, and endeavor- ing to persuade the very sentinels to quit their stations. Nor could it be expected that bribes so tempting would always be re- fused. Many desertions began daily to take place, and became before long so frequent that the evil rose to be of a serious nature." It had, no doubt, been the design of the British to co-operate with a part of their fleet in the assault on New Orleans. Several of their vessels entered the Mississippi, but were too slow in their movements to be of any assistance in the decisive battle of the 8th, even if they had been able to pass Fort St. Philip. ANDREW JACKSON. 267 Not until the 9th did they arrive below that fort and at a safe distance begin to bombard it. But they were unsuccessful, and after throwing more than a thousand shells at the fort, on the morning of the 18th they gave up the undertaking, and sailed out of the river. On the night of this very day, the road having been finished to the lake by great labor and hardship, the British camp in front of General Jackson was broken up, and the whole army marched to Lake Borgne. Without detection all the stores and munitions of war, not abandoned, had been conveyed to the ships. A strong picket force had been kept out on all possible approaches to prevent their designs being known to the Americans, and even in the place of their sentinels at the old camp on the plain dummies or paddies had been erected, and on the morning of the 19th, the Americans from their lines still beheld the usual ap- pearance of life at the British camp. The old French officer, Humbert, who had seen such tricks, was the first to detect the character of the motionless sentinels. A part of the sick and wounded was left to the care x)f the Americans. An attempt was made by General Jackson to har- ass the departing enemy, but this amounted to noth- ing. The fact was that Jackson's men thought they had accomplished enough for raw soldiers, many of whom were impressed, or had volunteered merely to defend New Orleans, and no great favor could have been given to an order for moving in a body upon the British. Not until the 27th of January did the British army finally get off in their ships, thus ending one of the saddest and most fruitless campaigns in the history of modern wars. 268 LIFE AND TIMES OF CHAPTER XVI GENERAL JACKSON'S CROWN OF LAUREL— JUDGE HALL AND THE FINE OF ONE THOUSAND DOLLARS— THE HERO OF NEW ORLEANS AT HOME. IN the meantime some events of interest had oc- curred in New Orleans. Demonstrations of joy were unbounded. On the 20th or 21st General Jack- son and the greater part of his staff returned to the city. This was his first appearance since the afternoon of the 23d of December. What he had promised, he had done, and more. At his request the 23d of Jan- uary was to be observed as a day of thanksgiving to the Almighty Ruler of the worlds. In the midst of this there was to be some extravagant praises and caresses of the iron-willed man who had been mainly in- strumental in saving the city and whipping the British. The wildest enthusiasm had greeted the General on his return to the city, nor was it then or at any time afterwards any part of his thought or desire to oppose or appear averse to any amount of praise bestowed upon himself. Although a man of simple habits, his political opinions were never of that leveling democ- racy which would make heroes of all men, or spurn the adulation and exaltation of a few. At all events, on the 23d of January, which h;id been ostensibly set aside as a day of thanksgiving to ANDREW JACKSON. 269 the Almighty, General Jackson suffered himself to be crowned by two young girls under an arch in the Public Square. He then walked to the cathedral amidst flowers strewn by children, and at the entrance of this building, with the laurel wreath still on his head, amidst showers of flowers, received a speech from a young Creole beauty ; and was then addressed by Abbe Dubourg, a patriotic priest, in very extrava- gant eulogistic terms, to which the General replied in his happiest strain, protesting that "for himself, to have been instrumental in the deliverance of such a country, is the greatest blessing that Heaven could bestow." That day and night were given to rejoicing, and one of Jackson's biographers says that when the peo- ple did at last " sink into slumbers they were no longer disturbed by dreams of sack, ruin, bloodshed, and devastation." After the end of these ceremonies and the final departure of the British, Jackson next bethought himself of his soldiers. The sword was now laid aside for the pen, an instrument equally exalted in his opinion, and the first result was an ad- dress in review of events and praise of their conduct. The British army was now landed on Dauphin Island at the entrance to Mobile Bay, and there went into regular camp. The purpose of the British General was to capture Fort Bowyer and Mobile, and partly compensate for the failure of the great expedition, He proceeded, however, with caution, and, indeed, both in the British army and the American army much of the spirit of conflict was gone. Jackson's old troubles in dealing with discontented militia and 270 LIFE AND TIMES OF volunteers returned, and some serious difficulties beset him on this account, which helped to embitter his memory of these grand moments in his life. Lambert finally surrounded Fort Bowyer, and Major Lawrence, seeing that . further resistance was worse than useless, surrendered on the 11th of February. There was now a very strong belief in the British army, as there was also a growing distaste for the war, that peace was near at hand. Two days after the surrender of Fort Bowyer Admiral Malcolm re- ceived a slip of newspaper declaring that the negotia- tions at Ghent had terminated favorably. At this time Edward Livingston, Maunsel White, and Com- modore Patterson's aid, R. D. Shepherd, were in the British camp on a mission from Jackson as to exchange of prisoners. On the 19th they returned to the American camp with this welcome news. Still the treaty had not been ratified, and it was the 13th of March before General Jackson received information from Washington of the ratification. It now became his turn to an- nounce this result to the British General, at Dauphin Island. A messenger had indeed traveled all the way from Washington, and reached New Orleans seven days before for this purpose, but on opening his dis- patch it was found to be an old letter from the War Department, which had been carried instead of the other through careless excitement in starting on the long journey. The whole country was now sounding the praises of Jackson and New Orleans ; nor did it cease to do so until it made him President, nor, in fact, has it yet ANDREW JACKSON. 271 ceased to do so. New Orleans was the real beginning of Jackson's overwhelming popularity. This campaign at the South enabled the country to look up, after its many defeats, and so astounding was the result as to afford the Americans that prestige with which they could welcome peace with pride. The Legislatures of all the States but Louisiana passed resolutions of thanks to Jackson. So did other bodies, and almost everybody else. The Legislature of Louisiana, however, had been, or considered itself badly treated by General Jackson, and while it passed honorable resolutions of respect for his officers and men, his name was unmentioned. This might have been expected, but it was shabby treatment. Congress was then in session, and that body unan- imously adopted the following resolutions : — "Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of Congress be, and they are hereby, given to Major-General Jackson, and through him, to the oflficers and soldiers of the reg- ular army, of the volunteers, and of the militia under his com- mand, the greater portion of which troops consisted of militia and volunteers, suddenly collected together, for their uniform gallantry and good conduct conspicuously displayed against the enemy, from the time of his landing before New Orleans until his final expul- sion therefrom, and particularly for their valor, skill, and good conduct on the 8th of January last, in repulsing, with great slaughter, a numerous British army of chosen veteran troops, when attempting by a bold and daring attack to carry by storm the works hastily thrown up for the protection of New Orleans, and thereby obtaining a most signal victory over the enemy with a disparity of loss, on his part, unexampled in military annals. " Resolved, That the President of the United States be requested to cause to be struck a gold medal, with devices emblematical of this splendid achievement, and presented to Major-General Jack- son as a testimony of the high sense entertained by Congress of 272 LIFE AND TIMES OF his judicious and distinguished conduct on that memorable oc- casion. " Resolved, That the President of the United States be requested to cause the foregoing resolutions to be communicated to Major- General Jackson, in such terms as he may deem best calculated to give effect to the objects thereof." Arrangements were now made for dismissing the army ; and civil law and the old order of things were restored in New Orleans. Military offenses were for- given on the part of the commander of the army, and military prisoners released. The following is Jackson's farewell address to the army serving under him: — "The Major-General is at length enabled to perform the pleas- ing task of restoring to Tennessee, Kentucky, Louisiana, and the Territory of the Mississippi, the brave troops who have acted such a distinguished part in the war which has just .terminated. In restoring these brave men to their homes, much exertion is ex- pected of, and great responsibility imposed on, the commanding officers of the different corps. It is required of Major-Generals Carroll and Thomas, and Brigadier-General Coffee, to march their commands, without unnecessary delay, to their respective States. The troops from the Mississippi Territory and State of Louisiana, both militia and volunteers, will be immediately mustered out of service, paid, and discharged. " The Major-General has the satisfaction of announcing the approbation of the President of the United States, to the conduct of the troops under his command, expressed in flattering terms, through the honorable the Secretary of War. In parting with these brave men, whose destinies have been so long united with his own, and in whose labors and glories it is his happiness and his boast to have participated, the Commanding General can neither suppress his feelings, nor give utterance to them as he ought. In what terms can he bestow suitable praise on merit so extraor- dinary, so unparalleled! Let him, in one burst of joy, gratitude, and exultation, exclaim, These are the saviors of their country — these the patriot soldiers who triumphed over the invincibles of Wellington, and conquered the conquerors of Europe ! ANDREW JACKSON. 273 " With what patience did you submit to privations — with what fortitude did you endure fatigue— what valor did you disphiy in the day of battle ! You have secured to America a proud name among the nations of the earth— a glory which will never perish. Possessing those dispositions, which equally adorn the citizen and the soldier, the expectations of your country will be met iu peace, as her wishes have been gratified in war. Go, then, my brave companions, to your homes; to those tender connections and blissful scenes which render life so dear— full of honor, and crowned with laurels which wiU never fade. When participating, in the bosoms of your families, the enjoyment of peaceful life, with what happiness will you not look back to the toUs you have borne, to the dangers you have encountered ! How will all your past exposures be converted into sour&es of inexpressible delight! Who, that never experienced your sufferings, will be able to ap- preciate your joys? The man who slumbered ingloriously at home during your painful marches, your nights of watchfulness, and your days of toil, will envy you the happiness which these recollections will afford ; still more will he envy the gratitude of that country which you have so eminently contributed to save. Continue, fellow-soldiers, on your passage to your several destina- tions, to preserve that subordination, that dignified and manly de- portment, which have so ennobled your character. " While the Commanding General is thus giving indulgence to his feeliugs towards those brave companions who accompanied him through difficulties and danger, he can not permit the names of Blount, and Shelby, and Holmes, to pass unnoticed. With what generous ardor and patriotism have these distinguished governors contributed all their exertions ! and the success which has resulted will be to them a reward more grateful than any which the pomp of title, or the splendor of wealth, can bestow. " What happiness it is to the Commanding General, that while danger was before him, he was, on no occasion, compelled to use towards his companions in arms, either severity or rebuke ! If after the enemy had retired, improper passions began their empire in a few unworthy bosoms, and rendered a resort to energetic measures necessary for their suppression, he has not confounded the innocent with the guilty, the seduced with the seducers. To- wards you, fellow-soldiers, the most cheering recollections exist, blended, alas ! with regret that disease and war should have rav- ished from us so many worthy companions. But the memory of 18-G 274 LIFE AND TIMES OF the cause in which they perished, and of the virtues which ani- mated them, while living, must occupy the place where sorrow would claim to dwell. "Farewell, fellow-soldiers. The expression of your General's thanks is feeble, but the gratitude of a country of freemen is yours — yours the applause of an admiring world." On the very day on which the news was received as to the ratification of the treaty of peace military restraints were removed, and steps taken to disband the army, as has been stated, but this was by no means the end of Jackson's work and troubles at New Orleans. A few events connected with the last days of his admin- istration in the city remain to be briefly mentioned. The news of peace brought from Dauphin Island, on the 19th of February, was mere rumor, and, in announcing it to the army, General Jackson took occa- sion to urge the necessity of a generous devotion to the service of the country, and the exertion of all due watchfulness until the certainty of peace removed the opportunity for British aggression, and rendered such services unnecessary. But every indication of the return of peace, and every thing said about it, and the restraints and discipline of the military service only further excited the people and fomented opposition to military order. On the 21st of February, the "Lou- isiana Gazette " stated that a flag of truce had been re- ceived at head-quarters from the enemy, saying that peace had been made, and asking a suspension of hos- tilities. This mere rumor, which the editor doubtlessly knew to be wholly without foundation, and which was a part of the plan to break down military discipline, brought the following order from General Jackson : — "Sm, — The Commanding General having seen a publication which issued from your press today, stating that 'a flag had just ANDREW JACKSON. 275 arrived,' etc., etc., requires that you will hasten to remove any improper impression which so unauthorized and incorrect a state- ment may have made. "No request, either direct or virtual, has been made to him by the commander of either the land or naval forces of Great Britain for a suspension of arms. The letter of 'Bathurst to the Lord Mayor,' which furnishes the only oflScial information that has been communicated, will not allow the supposition that a suspension of hostilities is meant or expected, until the treaty signed by the respective commissioners shall have received the ratification of the Prince Regent and of the President of the United States. "The Commanding General again calls upon his fellow- citizens and soldiers to recollect that it is yet uncertain whether the articles which have been signed at Ghent for the re-establish- ment of peace will be approved by those whose approbation is necessary to give efficiency to them. Until that approbation is given and properly announced, he would be wanting to the im- portant interests which have been confided to his protection if he permitted any relaxation in the army under his command. How disgraceful, as well as disastrous, would it be, if, by surren- dering ourselves credulously and weakly to newspaper publica- tions, often proceeding from ignorance, but more frequently from dishonest designs, we permitted an enemy, whom we have so lately and so gloriously beaten, to regain the advantages he has lost, and triumph over us in turn. "The General Order issued on the 19th expresses the feel- ings, the views, and the hopes which the Commanding General still entertains. "Henceforward it is expected that no publication of the nature of that herein alluded to and censured will appear in any paper of the city, unless the editor shall have previously ascer- tained its correctness, and gained permission for its insertion from the proper source." This was considered a great piece of tyranny by the rebellious spirits. The press was to be muzzled! The order-hating, licentious, sensational scandal-mon- gering, rumor-breeding press ! Of this order the editor took occasion to say, that " every man may read 276 LIFE AND TIMES OF for himself, and think for himself (thank God ! our thoughts are yet unshackled !) but as we have been officially informed that New Orleans is a camp, our readers must not expect us to take the liberty of ex- pressing our opinion as we might in a free city." And more to the same effect. That this man was not justly arrested as an exciter of discontent and desertion in the army, was wholly owing to the moderation of General Jackson and his disposition to cast no more restraint on the people than the case absolutely demanded. The fruit of this sort of muzzling of the press was a very unwise and riotous article in the " Lou- isiana Courier," for which the editor was immediately required at head-quarters, and gave the name of Louis Louaillier, a member of the Legislature, as the author of this really evil and obnoxious article. On the 5th of March Mr. Louaillier was arrested and con- fined by order of General Jackson. Through his attor- ney, P. L. Morel, application was made to Judge Dominick A. Hall, of the United States District Court, for the issue of a writ of habeas corpus to bring this case before his court and out of military authority. Judge Hall issued the desired writ, and Morel sent this note to General Jackson : — "To HIS Excellency Major-Genkeal Jackson: "Sir, — I have the honor to inform your excellency that, as counsel, I have made application to his honor, Dom. A. Hall, Judge of the District Court of the United States, for a writ of habeas corpus in behalf of Mr. Louaillier, who conceived that he was illegally arrested by order of your excellency ; and that the said writ has been awarded, and is returnable to-morrow, 6th instant, at eleven o'clock, A. M. " I have the honor to be your excellency's most humble and obedient servant, P. L. Morel, Counselor at Law." ANDREW JACKSON. 277 The natural result of this note was the arrest of Judge Hall. They had started up the wrong man. When the habeas corpus writ was presented to Jackson he snatched it from the officer, and gave him in return a certified copy of it. Some other arrests were made for similar offenses. On the 11th of February, Hall was taken from the barracks where he had been con- fined for several days, and escorted beyond the lines with the advice from the General to remain there until the British had left the southern coast, or the ratifi- cation of peace was certainly known. But Hall's ban- ishment was of short duration. On the 13th the right messenger arrived from Washington, and Jackson pro- ceeded gladly to remove martial rule and disband the army. It now became Judge Hall's turn to display his authority and his spleen. On the 24th of March Jackson was ordered to appear before Judge Hall, to answer for contempt of court in taking forcible pos- session of the order for the writ of habeas corpus, for arresting the processes of the court, and imprisoning and insulting the person of the judge. Jackson had prepared a complete defense of his course, but Hall refused to hear this, and issued an attachment to be returned on the last day of the month. On that day the General appeared in court. Of course this excit- ing contest brought a crowd of the friends and oppo- nents of Jackson to the court. As soon as he was recognized in his citizen's dress, a wild demonstration was made in his favor, which scared the Judge, and caused him to order the court to be dismissed until a time in which its proceedings would not be molested. At this juncture the General rose and urged Hall to 278 LIFE AND TIMES OF proceed with the business, saying that no harm should be done, that he was as ready to defend the court in the discharge of its duty as he had been in defending the city from its enemies. A score of questions were then announced to the General. Such as, " Did you not seize the writ of habeas cor^msf' "Did you not say a variety of disrespectful things of the Judge ?" All this foolishness Jackson refused to tolerate, and simply declined to answer anything, alleging that he had presented a full defense which was not re- spected, and now he waited for the A^erdict of the court, and nothing else. Hall then announced the decision that " Major- General Andrew Jackson do pay a fine of one thousand dollars to the United States." Jackson was carried out of the court-room in great triumph, and along the street, until the excited crowd met a carriage with the owner in it, when they either induced her to get out or lifted her out, and put the General in, and proceeded with him to some drinking saloon, where he made a fine speech, urging all his friends to be law-abiding people, and be good boys, go to their homes, and let the court pursue its course with him. He soon afterwards sent a check for the $1,000, and paid the fine. It is said that the people in a very short time afterwards raised this amount by subscription, and presented it to the General, but that he immediately donated it to the benefit of the families of those who had fallen in the defense of the city. This item, however, is somewhat doubtful, as it is quite certain that the matter preyed on the General's mind, and ANDREW JACKSON. 279 the whole case was revived in every improbable shape during his Presidential services. He was so sensitive as to leaving anything against his military record that towards the close of his life some of his friends re- vived this matter, when Congress cleared it up and in the celebrated " expunging resolutions," ordered the money to be refunded, with interest from the time the fine was imposed. Thus the Government was made to pay dearly for this little work of revenge at New Orleans. But this was not accomplished without a struggle in Congress. When the General had paid his fine there was peace. The " muzzled press " and people who had lost their freedom were vindicated ; and everybody was happy, with the exception of a few individuals who eould not agree with the stubborn soldier in the settlements for property used during the campaign. Some serious enemies Jackson had made in his short and interesting sojourn at New Orleans, never forgot nor forgave him, but most of the citizens upheld his course, and others were willing to let the past go. Edward Livingston drew up the defense which Judge Hall rejected, and although it appeared in a dress which would have been less polished from the Gen- eral's own hand, it contained his sentiments. On the 6th of April, Jackson with his wife and adopted son, Andrew, left New Orleans for Tennessee. At Natchez he was stopped a short time by Blenner- hassett's attempt to recover from him over seventeen hundred dollars which he believed Jackson yet owed Aaron Burr on the unsettled account of 1806. But this was a mistake, as has been already shown, Burr having received this balance before starting down the 280 LIFE AND TIMES OF Cumberland on his way to the ancient " throne of the Montezumas." General Jackson was already the " Hero of New Orleans," and as such was received throughout his journey home. He reached Nashville in May, and there his recep- tion was on a much grander scale than on his return from conquering the Creeks. Felix Grundy addressed him on the part of the people, and the General replied : — "Sir, — I am at a loss to express my feelings. The approba- tion of my fellow-citizens is to me the richest reward. Through you, sir, I beg leave to assure them that I am this day amply compensated for every toil and labor. "In a war forced upon us by the multiplied wrongs of a nation who envied our increasing prosperity, important and diffi- cult duties were assigned me. I have labored to discharge them faithfully, having a single eye to the honor of my country. "The bare consciousness of having performed my duty would have been a source of great happiness ; but the assurance that what I have done meets your approbation enhances that happi- ness greatly." At the Hermitage many of the General's neighbors met to celebrate his return, and. strangely enough, the receptions and honors terminated in what Mr. Parton calls the " crowning event," an eating and drinking feast at Nashville, in which the great qualities of man gave way to the mere traits of animals. It was pitia- ble and disgusting to end the great campaign in the gullets and stomachs of its hero and his friends. "And Jackson returned to his own fields and his own pur- suits, to cherish his plantation, to care for his servants, to look after his stud, to enjoy the affection of the most kind and devoted wife, whom he respected with the gentlest deference, and loved with an almost miraculous tenderness. ANDREW JACKSON. 281 "And there he stood, like one of the mightiest forest trees of his own West, vigorous and colossal, sending its summit to the skies, and growing on its native soil in wild and inimitable mag- nificence, careless of beholders. From all parts of the country he received appeals to his political ambition, and the severe modesty of his well-balanced mind turned them all aside. He was happy in his farm, happy in seclusion, happy in his family, happy within himself." " To cherish his plantation, to care for his servants." "And there he stood like one of the mightiest forest trees of his own West !" Wonderful man ! More won- derful orator ! Thus in the prime of life wrote George Bancroft, a historian. A few more specimens of this writer's " eloquence " on General Jackson, at different stages of his career may not be uninteresting here : — "Far up on the forest-clad banks of the Catawba, in a region where the settlers were just beginning to cluster, his eye first saw the light. There his infancy sported in the ancient forests, and his mind was nursed to freedom by their influence." " The first great political truth that reached his heart was, that all men are free and equal. "Behold, then, our orphan hero, sternly earnest, consecrated to humanity from childhood by sorrow, having neither father, nor mother, nor sister, nor surviving brother; so young, and yet so solitary, and therefore bound the more closely to collective man, behold him elect for his lot, to go forth and assist in laying the foundations of society in the great valley of the Mississippi. " Behold, then, the unlettered man of the West, the nursling of the wilds, the farmer of the Hermitage, little versed in books, unconnected by science with the tradition of the past, raised by the will of the people to the highest pinnacle of honor, to the central post in the civilization of republican freedom, to the sta- tion where all the nations of the earth would watch his actions, where his words would vibrate through the civilized world, and his spirit be the moving-star to guide the nations." 282 LIFE AiSD TIMES OF CHAPTER XVII. EXECUTION OF THE MILITIA-MEN— THE 8th OF JANUARY AND THE PRESIDENCY— THE ADMINISTRATION IGNORED— GENERAL SCOTT AND GOVERNOR ADAIR. BEFORE Jackson left New Orleans the British army had quit the Gulf coast, and was on its way to the field of Waterloo. Lambert had exhibited some ability as a military leader, and was undoubtedly a man of admirable qualities. His skill, or what was taken as his skill, in withdrawing the army from the fatal field on the Mississippi, got for him a knight- hood, certainly a thing of importance to an Englishman, although it could not be so, perhaps, to a really great mind anywhere in the world. While not being great generals, the officers of this British force were mainly brave soldiers and men of many exalted and admirable qualities. That' part of the army which came from the Chesapeake had suffered in reputation, to a great extent, owing to its association with the marines. Cockburn was the evil genius on the Potomac ; and in the councils of war on the Mississippi, the stubborn old Scotchman, Alexander Cochrane, seldom gave ad- vice which benefited the cause he served. The repu- tation of the British army on the Atlantic coast pre- ceded it to the Gulf of Mexico, where it was an- nounced that the battle-cry was to be " Beauty and Booty." Nothing could have been more ridiculous ANDREW JACKSON. 283 than this charge. Had such a sentiment been uttered among soldiers in moments of hilarity or excitement, there is no evidence to show that the officers shared it, or would have tolerated it a moment in practice. The British general officers and most of their subalterns in this expedition were men of irreproachable char- acter, and mainly their conduct was of the most hon- orable kind. Like the Americans, the British were not fortunate in the selection of commanders. A dis- regard and contempt for American soldiers and a desire to favor men of family distinction caused the British Government to advance many young and incompetent men, men of great bravery and experience often, but not safe leaders. Of this class were the general officers in the expedition to New Orleans, although they were far in advance of any that had preceded them during the war. On the American side as the war progressed, the men of the best qualities, and best suited to the emer- gency were discovered, and the Administration was wise enough to put them at the head of affairs. In the South especially there were no mistakes. General Jackson was extremely fortunate himself, and a great cause of his good fortune at every step was found in the fact that he made no mistakes in selecting his subordinates. Although they were mainly taken from his inexperienced personal friends, yet they seldom fell below his expectations, or the demands of the moment. At New Orleans all his aids and officers, from Edward Livingston to old General Humbert, were deserving of great praise. But, perhaps, the most noted military characters connected with Jackson's two campaigns were William Carroll and John Coffee. Carroll's conduct 284 LIFE AND TIMES OF throughout the Creek war was highly praiseworthy, and in the Louisiana campaign he was one of Jackson's most efficient and gallant props. Like Jackson he had some barbarous habits, but these did not disgrace him in Tennessee. He served for a time as governor of that State, but died prematurely. Throughout Jackson's military services Coffee was a second right arm to him. He too died early. If Jackson had had a brush with the South Carolina nul- lifiers in 1833, perhaps, these two trusted friends would have been first in the execution of his wilL When the great nullification bluster was at its fever temperature Coffee was summoned to Washington to consult with President Jackson, at all events, and did not return to his Tennessee farm until there had been another compromise fixed up. About the close of the southern campaign and the war an event occurred which was of no little trouble to Jackson years subsequently, and especially in the Presidential campaign of 1828. This was the execu- tion of six Tennessee militia-men on the 21st of Feb- ruary, at Mobile. On the 19th and 20th of September, 1814, there was a serious mutiny in the camp at Fort Jackson. These six men were among the leaders of the mutiny, and now at the dawn of peace they had to suffer death for their offense. The main points in the case, and the extent to which General Jackson was connected with it may sufficiently appear from the fol- lowing statement from Colonel P. Pipkin, commander of the mutinous regiment : — "The regiment which I commanded was mustered into service under an act of Congress, for a term of six months' duty, on the 20th of June, 1814, and ordered to garrison the different ANDREW JACKSON. 285 posts in the Creek nation. In the latter end of August or the 1st of September, I discovered a mutinous disposition in my regiment, as well at Fort Jackson, where I had established my head-quarters, as at other posts ; but I had no proof that would justify my preferring charges, until a soldier by the name of Hunt made a public declaration that he would go home at the expira- tion of three months, or die in the attempt. I then wrote to General Jackson at Mobile, and requested him to order a court- martial for the trial of said Hunt, which he did, but the order did not come to hand until after the mutinous party of my regi- ment 'had released him from under guard, who, with him, de- serted on the 20th of September, 1814. A short time previous to this the same party demolished the bake-house, destroyed the oven, and did many other disorderly and mutinous acts. The day previous to their desertion a large number paraded armed, and marched towards the commissary's stores. I ordered them to disperse, but my order was disregarded, and they forced the guard stationed for the protection of the stores. The commis- sary anticipating their design, closed and locked the door ; but that did not restrain them, for one of the men (who was after- wards shot by sentence of the court-martial) immediately snatched up a pick-ax and cut the door off the hinges. They then en- tered the house and took out eleven barrels of , flour, and made public proclamation to all who intended going home to come forward and draw rations, which they did. They afterwards pro- ceeded to the bullock-pen and shot down two beeves, and the balance taking fright, broke the pen and ran some distance, where they killed a third. They then returned to the fort and completed their arrangements to start home, as before stated, to the number of about two hundred. I immediately reported to General Jackson the situation of my command, and the manner of my proceedings. Shortly after, I received orders from the General directing me, that if I had not already arrested them, to use every exertion in my power to do so, and have them brought back for trial. A part of them were arrested, and a court-martial ordered to be convened for their trial by Lieutenant-Colonel Arbuckle (acting under the orders of General Jackson), at Mo- bile, and to consist of five members and two supernumeraries. Lieutenant-Colonel Perkins, of the Mississippi militia, was ap- pointed president of the court, and Lieutenant Robeson judge- advocate. I was ordered to detail the balance of the court from 286 LIFE AND TIMES OF the militia troops of the State of Tennessee, and to order on the witnesses for the trial of the prisoners of my regiment to Mo- bile ; also, to make out charges and specifications against them, which I did. On the 4th of December I received notice from Colonel Perkins that the court-martial was organized. It com- menced with the trial of Captain Strother, and continued from day to day until all the prisoners were tried. In this busi- ness General Jackson had but little to do. It is true that, at my request, he ordered a court-martial, and appointed the president and judge-advocate, who were both very respectable and intelli- gent men ; but the balance of the court was detailed by me. Nor was General Jackson present, or even in Mobile, at the time the prisoners were tried or executed ; for I have always understood and believed that he had reached the city of New Orleans before the court was organized, where he remained until the restoration of peace." The court was in session two weeks, and resulted in the acquittal of some, the dismissal from the service of others, and the conviction and sentence to death of the six men. This conclusion of the court was sent to Jackson at New Orleans, and, after examining the case, he ordered the sentence to be carried out at Mo- bile, four days after the receipt of his decision. The cause of all this business was the ever- recurring misunderstanding as to the term of enlist- ment, and, strictly speaking, the whole case was narrowed down to this. Mutiny and what accompa- nied it as criminal were proven, and the justification of the execution, if there was any justification for it, rested upon the facts as to the time of service due from these men, whether it was three or six months. General Jackson and most of his oflBcers held that the mutineers had been called out for six months, and that all of them knew this fully at the time of the call. But many of them, with as apparent honesty, maintained that the term was for three months only, and that the ANDREW JACKSON. 287 State had no power to call out the militia for a greater length of time, and that this fact was known at the time of entering the service. The following is Jack- son's order making this call : — "Brave Tennesseeans of the Second Division, — The Creek war, through the divine aid of Providence and the valor of those engaged in the campaign in which you bore a conspicuous share, has been brought to a happy termination. Good policy requires that the territory conquered should be garrisoned and possession retained until appropriated by the Government of the United States. In pursuance of this policy, and to relieve the troops now stationed at Forts Williams, Strother, and Armstrong, on the Coosa River, as well as Old and New Deposit, I am commanded by his excellency Governor Blount to call from my division one thousand men in the service of the United States, for the pe- riod OF SIX MONTHS, unless sooner discharged by order of the President of the United States. "The brigadier-generals or officers commanding the 4th, 5th, 6th, 7th, and 9th Brigades of the Second Division will forthwith furnish from their brigades, respectively, by draft or voluntary en- listment, two hundred men, with two captains, two first, two second, and two third lieutenants, and two ensigns, well armed and equipped for active service, to be rendezvoused at Fayetteville, Lincoln County, in the State of Tennessee, on the 20th of June next ; and then be organized into a regiment, at which place the field-officers and muster-master will be ordered to meet them. "Officers commanding the brigades composing the second division of Tennessee militia are charged with the prompt and due execution of this order." Now, if the men knew the purport of this order, that part of the case is settled at once, for the call was evidently made for six months. It was a public call, and hence this must be taken for granted. This point the men could not escape. The legal power vested in the Governor to authorize this call for a longer term than three months is not so: easily set- tled. From 1795 to 1812 the law provided that the 288 LIFE AND TIMES OF militia should not be compelled to do military duty more than three months in each year. Under this law all military services were performed. In the West, where the militia were so often called upon dur- ing this period of Indian troubles, this became the usage, and it was universally understood among the people that they could be summoned only for three months, and were liable to be discharged before the expi- ration of that period, if their services were not needed. In the spring of 1812 Congress enacted for the calling out of one hundred thousand militia for six months, which was styled a detachment from the militia. This act, therefore, seemed only provided for the emer- gency, and did not do away with the law of 1795, the regular militia law. There constantly arose questions now as to whether the militia ordered out in Ten- nessee would be subject to this special regulation or the law under which they had always acted. In one case the Secretary of War gave notice that the troops might be honorably mustered out at the end of three months. In the spring of 1814 Congress again pro- vided "that, if necessity required, the militia might be held in service for six months if, in the opinion of the President, the public good made it desirable. This now was the point. But the President did not notify Governor Blount, of Tennessee, that these men. Pip- kins, or any others, should be held as a public necessity. General Jackson gave his sanction to the execution of these men on the strength of Blount's order to him, and of his own in calling them into service under the plain statement that it was to be for six months, and he believed that the War Department had given the Governor and himself the authority to fix this ANDREW JACKSON. 289 time of service as well as the number of troops they should call out. And thus he never took into con- sideration his "right to act in the case, and deemed himself fully justified in doing as he did. He was farther influenced in his course by the experiences he had had with the militia, and now he was feeling its annoyances again. And at a time when the British had just taken Fort Bowyer, and were threatening Mobile, he felt that the example of the executions would save to the service the troops so much needed. Under the law of April, 1814, the court-martial acted, and by this all the officers, and many of the men formed their opinion. Some of the soldiers, too, who were concerned in the mutiny of the 19th of September, 1814, had not served even three months. But the three months' law remained in force, and was in fact, the militia law, and by it the men acted, and really considered themselves right, and as in no sense deserters, since those who had served three months had served their time. One of the men, John Harris, executed, was a Baptist preacher, an ignorant, but well-meaning man, and years afterwards his friends raised a great outcry about his death. At the time little was said about this affair, the people being too much occupied with the successes of the army and the great boon of peace, but the day of reckoning was to come. In 1828 the matter was brought before Congress, and that body justified General Jackson's course in ordering the executions. These are the facts. The reader must judge. It was a sad case, and as gentle Peace was then with her white wings hovering over the Nation, perhaps a 19— G 290 LIFE AND TIMES OF more lenient course would haA^e redounded more to the honor of the Hero of New Orleans. The 8th of January soon took its place among the many memorable days in this country. In New Orleans it is yet celebrated with great unanimity, as it is in many parts of the country, but it has mainly become a day devoted to partisan oratory and family reminiscences. Eulogies on " Old Hickory " are turned to the present advantage of the party of which he was in some sense a founder, and always an aggres- sive leader. And although the present Democratic party has wandered from some of his most radical practices and principles, it holds to him no less tena- ciously. Jacksonian Democracy, strictly speaking, however, was peculiar to an age now gone by. Although the battle of New Orleans had no influ- ence in terminating the War of 1812, few events in the history of this country have been so fruitful, in one way or another, as this. A month before it was fought the Treaty of Ghent was signed by the com- missioners, and a month afterwards was ratified by this Government. But the battle was of no small benefit in giving force and prestige to American arms, and enabled us to close the war with a great crow, which was heard all over the world, and has not yet died away. Had the Atlantic telegraph been in exist- ence on the 14th of December, 1814, this battle would not have been fought. Had electricity been converted to the purpose of conveying intelligence with lightning speed throughout the civilized world the life of many a noble Briton would have been spared from the f;ital field of New Orleans. And what else would not have been? The Creek ANDREW JACKSON. 291 war alone, or this with all the other things in the life of Andrew Jackson would not have made him Presi- dent without the battle of New Orleans. Yet what he did well at New Orleans, was, to a great extent, counterbalanced by what he did badly there and else- where. It was natural for him to breed quarrels. He*lived in extremes ; and every step was one appeal- ing to general admiration, or demanding the utmost caution and most adroit defenses of his friends. The regular army of the United States was now composed of ten thousand men for the peace estab- lishment, and the whole country was divided into two military departments. The command of the Depart- ment of the South was given to General Jackson, with his head-quarters at Nashville. During the summer of 1815, the General remained quiet at the Hermitage, recruiting his health, and mourning the misfortunes of Napoleon Bonaparte. So, at least, some of his intimate friends have said. Jackson's republicanism never stood in the way of his admiration of a great soldier, and had Bonaparte conquered all Europe and held it under his feet, he would have had no warmer admirer in America than General Jackson. In October he went to Washington City to look after some military affairs, and as he rode through the country from town to town, the people received him with great favor. The soldier was taking his first triumphal airing. It was, indeed, an " ovation," all the way to the Capital. Although it has been fre- quently said and written that this stern, soldierly republican (democrat) put no stress on public demon- strations in his favor, and rather sought to avoid them, yet this is purely apologetic, as there is no 292 LIFE AND TIMES OF evidence to sustain any such assertion. Both the words and conduct of General Jackson go to show that just the opposite is true of him. No public character in American history hns been more appre- ciative of popular esteem than Jackson, or more desir- ous to see its manifestations. And no public charac- ter has been so averse to submit to or tolerate any kind of opposition, or so prone to resist it to the bit- terest end. This, indeed, was one of his great defects. At Lynchburg, Virginia, Thomas Jefferson was in- duced to come down a whole day's ride to be present at a dinner in honor of Jackson, on this trip, and there gave as a " toast :" " Honor and gratitude to those who have filled the measure of their country's honor." This sentiment has had several renderings, painting it more directly as meant for the hero of this occasion. But the form here is that in which the newspapers of the time gave it, and is correct, as bungling and evasive as it is, to say nothing of its doubtful pro- priety as applying to anybody. Are honor and grati- tude the things a great mind and heart would crave ? Shall not virtue, somehow, with the true and the great, ever be its own reward ? Must the thought or aspira- tion for a good deed, or the execution of a good pur- pose, always be associated with the condition of com- pensation ? Venomous principle ! No man owes me gratitude or honor for what it is my duty to do, or the doing of which is my choice and delight. Much less is he in debt to me for the good I am compelled to do. Or are honesty, magnanimity, and virtue so rare on this earth that a premium should be placed upon them ? Shall a crown of laurel be a nation's perpetual bid for bravery, patriotism, fidelity, and ANDREW JACKSON. 293 wisdom ? Such a principle would damn a race of seraphim. During a great part of the winter of 1815, General Jackson remained in Washington amidst a constant round of festivities, much of which was said to be for his honor. In the spring he returned to Nashville, and soon afterwards went to New Orleans, where he again came in for popular hurrah as the savior of the city. He lent himself to the glorification of the occasion by holding a review of the city militia and the few regulars on the spot of his recent triumph over the British. The regular troops stationed at New Orleans he now removed to Alabama, and posted them at points where they would be of most service in looking after the Indians and their friends the Spaniards of Florida. He had also engaged, while at Washington, to visit the Indians who were not satisfied with the conditions of their treaty. This he did, and with the Creeks, Cherokees, Chickasaws, and Choctaws, he held some negotiations which resulted to their satisfaction. By this he removed the claim of the Chickasaws from a large tract of land within the bounds of Tennessee, which made him still more popular in that State. He also caused the white squatters on the Cherokee lands to abandon them. Nothing could now arrest the current in the for- tunes of Greneral Jackson. Even now he was talked of as a candidate for the Presidency. This new pos- sibility was sung in his ear at New Orleans. But it does not appear that at this time he had for a moment entertained such an idea. He rather looked upon the mention of it as a joke. Unquestionably he did not think himself fit for that office, and so expressed him- 294 LIFE AND TIMES OF self in a way that caused his friends to feel perfectly safe in saying nothing about it. But time is a won- derful revolutionist. Probably he had the good sense to be satisfied with the office he held, which was con- genial to him, and also to feel safe in the amount of favor he received from his countrymen. While General Jackson took no interest at this moment in any talk as to his becoming President, he did think himself able to give some wholesome advice to Mr. Monroe, to whom he wrote (or had written for him) his famous letters as to the selection of Cabinet ministers and the conduct of the Administration. These letters may be found in the fifth volume of this work. Like so many other things in the career of General Jackson these letters of advice to Mr. Monroe were a source of great good fortune to him in the course of time. They were his first political essays, but they were his purest and best. In fact, it so turned out that these very letters, next to New Orleans and John Quiucy Adams, were of the greatest consequence in advancing him to the Presidency. For that purpose they were shrewdly published in 1824; and that the General did not compose or write them himself, was not known to the public, and even had this fact been known, it would have made little difference. The letters recommended a Washingtonian policy to Mr. Monroe, recommended him to make virtue, worth, service to the country, not party, the standard of ap- pointments to office ; and even urged him to make at least one exception in the appointment of Colonel Will- iam H. Drayton, a Federalist, to be Secretary of War. At the moment, perhaps. General Jackson thought these letters expressed his feelings and opinions ; and, ANDREW JACKSON. 295 however this may have been, they never did at any subsequent period in his life. The advice he gave Mr. Monroe he never followed himself. He was the last man who could have done anything of the kind. His personal friends were his instruments, and to re- ward them was his first thought. This system of compensation was found to be in exact harmony with his character. He it was who introduced a new era in the conduct of the Presidency on this very point of confining all appointments under the Government to the narrow boundaries of personal friendships or advocates, and party lines. A rough outline of these celebrated Monroe letters may have been made by General Jackson, but in elab- oration, composition, and polish, they were the work of William B. Lewis, an educated farmer, a man of extraordinary judgment and shrewdness, who lived a few miles from the " Hermitage," on the way to Nashville. Mr. Lewis, this friend, who spent much of his life in putting forward General Jackson, and de- fending him and his wife, wrote much of the fine Jacksonian literature, for which the General got the name of being a finished writer and scholar. Harry Lee, Henry M. Brackenridge, Edward Liv- ingston, Amos Kendall, and others, not only did the polished writing for General Jackson, but also often furnished the thoughts wholly or in part. But all these writers caught the spirit of their leader and with wonderful success copied him better than he could have done himself. But General Jackson did not succeed in his purpose with Mr. Monroe, who, while following, mainly, the course of his predecessor, carried out his own convictions of right and duty 296 LIFE AND TIMES OF uncontrolled by Jackson or anybody else. One of Jack- son's biographers asserts that Mr. Monroe was as clay in the hands of a molder like Andrew Jackson. A serious mistake was this, indeed, proven to be so by these very Jackson-Monroe letters. And shown to be so by nearly all of Mr. Monroe's official career, from the mission to France in 1794, to his final with- drawal from public life. Although he was in the habit of consulting Madison and Jefferson, he was, by no means, led by them. General Jackson was des- tined to lead a new generation of politicians, not his predecessors in the Presidency and a host of their contemporaries. This Monroe correspondence, the most admirable of all General Jackson's political per- formances, was not long passed until something of quite a different character, and much more in keeping with his intrinsic qualities, came up. It has been truthfully said of him that he would not tolerate personal restraint, nor the least degree of infringement on his authority, and was unable to brook opposition from any source. It is a reasonable and well-known regulation of the" army that orders from the Administration or the President shall pass through the general in command. Since Jackson's connection with the Government, in a military capacity, he had been greatly disturbed by a departure from this usage by the War Department. His remonstrance was of no effect. He was still, after all that had happened, not understood at Washington. He, accordingly, finally concluded to do as he usually did on doubtful and critical occasions, when his own feelings were aroused, and take the case in his own hands with a view of correcting the evil which he was not going to ANDREW JACKSON. 297 endure. He had not long to wait for an opportunity to put his determination to the test. In the fall of 1816 he sent a Mr. Long ( Major Long ), a trustworthy engineer, up the Mississippi to make some surveys. But Long was hunted up by the War Department and sent to New York, and from that remote region the General first heard of Long's surveys on the Missis- sippi under his orders, from the newspapers, Long not even thinking it necessary to apprise him of what he had done. This was too much for Andrew Jacksqn. He wrote at once to Mr. Monroe, but getting no an- swer on the question, in less than two months of wait- ing, issued to his division his famous characteristically indiscreet order, dated Nashville, April, 22, 1817, and reproduced in the fifth volume of this work. This action on his part started general attention, and a great deal of unfavorable criticism, even by army officers. Still, the Department took no notice of his conduct, and two months after he had issued this noted edict, sent an order directly to the officer then at New Orleans, General Ripley, which he refused to obey, notifying Jackson of his action. Jackson sus- tained him, of course, as he wanted this opportunity, and wrote to the President that he would be responsi- ble, and indicated his disposition to retire from the army when the matter was settled. Mr. Monroe did not reply. The case greatly annoyed him. He was waiting for a way to prevent a rupture with Jackson. This soon occurred. Mr. Calhoun now took charge of the War Department, and not having been con- cerned with this troublesome fellow, wrote Jackson a letter, which while it gave away nothing, admitted the necessity of the practice that the General insisted 298 LIFE AND TIMES OF upon, which for the goveiament and discipline of the army should be departed from only under special emergencies. This satisfied the General, and ended the matter with the Department. But, through the anonymous gossip, the everlasting busybody, a letter reached the irascible Jackson which stated that Gen- eral Winfield Scott had. pronounced his extraordinary order, never before or afterwards heard of in the his- tory of the Government, an act of mutiny. This was also too much for the man who would not allow " pshaw " to be said of his sentiments and acts, and the following correspondence was the result : — ''Head-quarters Division of the South,) " Nashville, September 8, 1817. j "Sir, — With that candor due the character you have sus- tained as a soldier and a man of honor, and with the frankness of the latter, I address you. "Inclosed is a copy of an anonymous letter, postmarked 'New York, 14th August, 1817,' together with a publication taken from the ' Columbian,' which accompanied the letter. I have not permitted myself for a moment to believe that the con- duct ascribed to you is correct. Candor, however, induces me to lay them before you, that you may have it in your power to say how far they be incorrectly stated. " If ray order has been the subject of your animadversion, it is believed you will at once admit it and the extent to which you may have gone. • " I am, sir, respectfully, your most obedient servant, "Andrew Jackson. "General W. Scott, U. S. Army." "Head-quarters, 1st and 3d Military Departments,) "New York, October 4, 1817. / " Sir, — I have the honor to acknowledge the receipt of your letter of the 8th ultimo, together with the two papers therein inclosed. " I am not the author of the miserable and unmeaning article copied from the ' Columbian,' and (not being a reader of that gazette) should probably never have heard of it, but for the ANDREW JACKSON. 299 copy you have sent me. And whilst on the subject of writing and publishing, it may save time to say, at once, that with the excep- tion of the substance of two articles which appeared in ' The Enquirer' last fall, and a journal kept whilst a prisoner in the hands of the enemy, I have not written, nor caused any other to write, a single line for any gazette whatever, since the com- mencement of the late war. "Conversing with some two or three private gentlemen, about as many times on the subject of the division order, dated at Nashville, April 22, 1817 ; it is true that I gave it as ray opinion that that paper was, as it respected the future, mutin- ous in its character and tendency, and, as it respected the past, a reprimand of the commander-in-chief, the President of the United States ; for although the latter be not expressly named, it is a principle well understood, that the War Depart- ment, without at least his supposed sanction, can not give a valid command to an ensign. " I have thus, sir, frankly answered the queries addressed to me, and which were suggested to you by the letter of your anon- ymous correspondent; but on a question so important as that which you have raised with the War Department, or in other words with the President of the United States, and in which I find myself incidentally involved, I must take leave to illustrate my meaning a little ; in doing which, I shall employ almost the precise language which was used on the occasions above alluded to. "Take any three oflBcers ; let A be the common superior, B the immediate commander, and C the common junior. A wishes to make an order which shall affect C. The good of the serv- ice, etiquette, and country, require, no doubt, that the order should pass through B; or, if expedition and the dispersed situa- tion of the parties make it necessary to send the order direct to C (of which necessity A is the judge), the good of the service, etiquette, and country require, with as little doubt that A notify B thereof, as soon as practicable. Such notice, of itself, has always been held sufficient, under the circumstances last stated. But we will suppose that A sends the order direct to C, and neglects to notify B thereof, and such appears to be the precise case alluded to in the order before cited. Has B no redress against this irregularity? He may unquestionably remonstrate with A, in a respectful manner, and if remonstrance fails, and there be a higher military authority than A, B may appeal to it 300 LIFE AND TIMES OF for redress. Now in the case under consideration, there existed no such higher authority ; the War Department, or in other words, the President, being the common superior (A), and the general of division, the intermediate commander (B). A pri- vate and respectful remonstrance, therefore, appears to have been the only mode of redress which circumstances admitted of. An appeal to the army or the public, before or after such remon- strance, seems to have been a greater irregularity than the meas- ure complained of; to reprobate that measure publicly, as the division (n-der does, was to mount still higher in the scale of inde- corum, but when the order goes so far as to prohibit to all offi- cers in the division an obedience to the commands of the Presi- dent of the United States, unless received through division head- quarters, it appears to me, that nothing but mutiny and defiance can be understood or intended. " There is another view of this subject, which must have escaped you, as I am persuaded there is not a man in America less disposed to shift responsibility from himself to a weaker party than yourself. Suppose the War Department, by order of the President, sends instructions direct to the commanding officers, perhaps a captain, at Natchitoches (a post within your division) to attack the body of Spanish royalists nearest to that frontier ; if the captain obeys, you arrest him; but if, in compliance with your prohibition, he sets the commands of the President at naught, he would find himself in a direct conflict with the high- est military authority under the Constitution, and thus would have to maintain against that ' fearful odds,' the dangerous posi- tion laid down in your order. Surely this consequence could not have been foreseen by you, when you penned that order. "I must pray you to believe, sir, that I have expressed my opinion on this great question, without the least hostility to yourself, personally, and without any view of making my court in another quarter, as is insinuated by your anonymous corre- spondent. I have nothing to fear or hope from either party. It is not likely that the Executive will be offended, at the opinion, that it has committed an irregularity in the transmission of one of its orders ; and, as to yourself, although I cheerfully admit that you are my superior, I deny that you are my commanding officer, within the meaning of the 6th article of the rules and articles of war. • Even if I belonged to your division, I should not hesitate to repeat to you all that I have said, at any time, on ANDREW JACKSON. 301 your subject, if a proper occasion offered; and what is more, I should expect your approbation, as, in my humble judgment, refutation is impossible. . "As you do not doubt the imputations contamed in the anonymous letter, a copy of which you inclosed me, I shall not degrade myself by any further notice of it. "I have just shown the article from 'The Columbian to some military gentlemen of this place, from whom I learn, that it was probably intended to be applied to a case which has recently occurred at West Point. The writer is supposed to pro- ceed upon a report (which is nevertheless believed to be errone- ous) that Brigadier-General Swift had orders from the War Department, more than twelve months since, to remove Captain Partridge from the military academy, and that he suppressed those orders, etc. The author is believed to be a young man of the army, and was, at the time of publication, in this city ; but not under my command, and with whom I never had the sma 1- est intimacy ; I forbear to mention his name, because it is only bv coniecture. I have the honor to be, etc., "(Signed,) ,W. Scott. " To Major-Genekal Andrew Jackson, etc., etc." " Head-qitarters, Division, of the South, ) " Nashville, December 3, 1817. j "Sm,— I have been absent from this place a considerable time, rendering the last friendly office I could, to a particular friend, whose eyes I closed on the 20th ultimo. Owing to this, your letter of the 4th of October was not received until the 1st inst. , " Upon the receipt of the anonymous communication made me from New York, I hastened to lay it before you ; that course was suggested to me, by the respect I felt for you as a man and a soldier, and that you might have it in your power to answer how far you had been guilty of so base and inexcusable conduct. Independent of the services you had rendered your country, the circumstance of your wearing the badge and insignia of a soldier, led me to the conclusion, that I was addressing a gentleman. With these feelings you were written to, and had an idea been for a moment entertained, that you could have descended from the high and dignified character of a major-general of the United States, and used language so opprobious and insolent as you have done, rest assured, I should have viewed you as rather too con- 302 LIFE AND TIMES OF temptible to have held any converse with you on the subject. If you have lived in the world thus long in the entire ignorance of the obligations and duties which honor impose, you are indeed past the time of learning; and surely he must be ignorant of them, who seems so little to understand their influence. "Pray, sir, does your recollection serve, in what school of philosophy you were taught, that to a letter inquiring into the nature of a supposed injury, and clothed in language decorous and unexceptionable, an answer should be given, couched in pompous insolence and bullying expressions? I had hoped that what was charged upon you by my anonymous correspondent was unfounded ; I had hoped so, from a belief that General Scott was a soldier and a gentleman ; but when I see those state- ments doubly confirmed by his own w^ords, it becomes a matter of inquiry, how far a man of honorable feelings can reconcile them to himself, or longer set up a claim to that character. Are you ignorant, sir, that had my order, at which your refined judg- ment is so extremely touched, been made the subject of inquiry, you might, from your standing, not your character, been consti- tuted one of my judges? How very proper then was it, thus situated, and without a knowledge of any of the attendant cir- cumstances, for you to have prejudged the whole matter? This at different times, and in the circle of your friends, you could do ; and yet had I been arraigned, and you detailed as one of my judges, with the designs of an assassin lurking under a fair exterior, you would have approached the holy sanctuary of justice. Is conduct like this congenial with that high sense of dignity which should be seated in a soldier's bosom ? Is it due from a brother officer to assail in the dark the reputation of another, and stab him at a moment when he can not expect it ? I might insult an honorable man by questions such as these, but shall not expect that they will harrow up one who must be dead to all those feelings whicli are the characteristics of a gentleman. "In terms polite as I was capable of noting, I asked you if my informant had stated truly — if you were the author of the publication and remarks charged against you, and to what ex- tent ; a reference to your letter, without any comment of mine, will inform how far you have pursued a similar course ; how little of the gentleman, and how much of the hectoring bully you have manifested. If nothing else would, the epaulets which grace your shoulders, should have dictated to you a different course, and ANDREW JACKSON. 303 have admonished you, that however small may have been your respect for another, respect for yourself should have taujjht you the necessity of replying, at least mildly, to the inquiries I sug- gested ; and more especially should you have done this, when your own convictions must have fixed you as guilty of the abominable crime of detraction, of slandering, and behind his back, a brother officer. But not content with answering to what was proposed, your overweening vanity has led you to make an offering of your advice. Believe me, sir, it is not in my power to render you my thanks ; I think too highly of myself to suppose that I stand at all in need of your admonitions, and too lightly of you to appre- ciate them as useful. For good advice I am always thankful ; but never fail to spurn it, when I know it to flow from an in- competent or corrupt source ; the breast where base and guilty passions dwell is not the place to look for virtue, or anything that leads to virtue. My notions, sir, are not those now taught in modern schools and in fashionable high life ; they were imbibed in ancient days, and hitherto have, and yet bear me to the con- clusion that he who can wantonly outrage the feelings of another, who, without cause, can extend injury where none is done, is capable of any crime, however detestable in its nature, and will not fail to commit it, whenever it may be imposed by necessity. " I shall not stoop, sir, to a justification of my order before you, or to notice the weakness and absurdities of your tinsel rhet- oric ; it may be quite conclusive with yourself, and I have no disposition to attempt convincing you that your ingenuity is not as profound as you have imagined it. To my Government, when- ever it may please, I hold myself liable to answer, and to produce the reasons which prompted me to the course I took ; and to tlie intermeddling pimps and spies of the War Department, who are in the garb of gentlemen, I hold myself responsible for any griev- ance they may labor under on my account, with which you have my permission to number yourself. For what I have said, I offer no apology ; you have deserved it all, and more, were it neces- sary to say more. I will barely remark in conclusion, that if you feel yourself aggrieved at what is here said, any communica- tion from you will reach me safely at this place. "I have the honor to be, very respectfully, your obedient servant, (Signed,) Andrew Jackson. " Brevet Major-General W. Scott, United States Army, New York." 304 LIFE AND TIMES OF " Head-quarters, 1st and 3d Military Departments, 1 New York, January 2, 1818. { "Sir, — Your letter, of the 3d ultimo, was hauded me about the 22d, and has not been read, I might say thought of, siuce. These circumstances will show that it is mj wish to reply to you dispassionately. "I regret that I can not accept the challenge you offer me. Perhaps I may be restrained from wishing to level a pistol at the breast of a fellow-being, in private combat, by a sense of religion ; but lest this motive should excite the ridicule of gentlemen of liberal habits of thinking and acting, I beg leave to add that I decline the honor of your invitation from patriotic scruples. My ambition is not that of Erostratus. I should think it would be easy for you to console yourself under this refusal, by the appli- cation of a few epithets, us coward, etc. , to the object of your re- sentment, and I here promise to leave you until the next war, to persuade yourself of their truth. "Your famous order bears date the 22d April, 1817. At in- tervals of three or four months thereafter — that is, when it had been officially published to the troops of your division, and printed in almost every paper in the Union, as if to challenge discussion — I found myself in company where it was the subject of conversa- tion. Not being under your command, I was as free to give my opinion on that public act as any one else ; for, I presume, you will not assert that where an officer is not expressly restrained by the military code, he has not all the rights of any other citizen. For this fair expression of opinion, on a principle as universal as the profession of arms, and which opinion I afterwards, at your instance, stated to you, in all its detail, you are pleased to charge me with having slandered you behind your back ! an accusation which I consider the more amusing, as I never had the honor of being in your presence in all my life ! I can assure you, sir, that nothing but my great respect for your superior age and services prevents me from indulging, also, in a little bitter pleasantry on this point. "It seems that you are under the further impression that if you had been brought to trial for publishing that order (an idea that I never heard any other suggest), and I appointed one of your judges, that, assassin-like, I should have approached the holy sanctuary of justice, etc. — such is, I think, your language. Now, like you (without believing one word of it), it would be as easy ANDREW JACKSON. 305 for me (manually) to retort all this abuse, as it was for you to originate it; but I must inform you, sir, that however much I may desire to emulate certain portions of your history, I am not at all iuclined to follow the pernicious example that your letter furnishes. " You complain of harshness on my part. My letter to which yours is a reply, is, doubtless, somewhat bold in its character; but, believing that in an affair with you, it was necessary to have right on one's side, in order to obtain approbation, I had no other care in its composition than to avoid everything personally offen- sive, as far as the truth and a fair discussion of the subject would permit ; and I still rest persuaded that the fact corresponds with my intention. It is true that I spoke of you and treated you as a man, without the petty qualifications of common usages ; be- cause, in addressing you, they were then considered as so many diminutives, but I am now to apprehend that universal success and applause have somewhat spoiled you ; and that I shall ulti- mately be obliged to fall into the commonplace habit, observed in respect to commonplace people, and consider you as nothing more than a gentleman. "Permit me to request — I think I have a right to demand — a sight of the original anonymous letter which has given rise to this discussion. If I mistake not, your correspondent is a greater personage than you, perhaps, imagine ; nay, so high, that he has once essayed to sit himself above the highest in our political sphere. The letter shall be returned as soon as the hand is com- pared with that of a certain agent of the personage alluded to. "I can not close this letter without expressing a belief, that on the return of your wonted magnanimity, I shall be requested to burn the one which has elicited it, by way of apology for the injury it does me. Accordingly, it has been seen, as yet, by but one individual (of my staff), and shall be held in reserve, until a certain time has elapsed, attending that just expectation. In the meantime, I shall have the honor to remain, sir, very respectfully, your most obedient servant, " (Signed,) W. Scott. " To Majcr-General Andrew Jackson." It is not necessary to go behind this correspondence to discover its spirit. The Hero of New Orleans here returns to the cock-fighting period of his life. In his 20— G 306 LIFE AND TIMES OF correspondence with Mr. Monroe he had struck out like a political philosopher and statesman. But here he was out again in his old dueling colors. A contrast with the just and manly course of General Scott puts him at great disadvantage. With General Scott's faults, whatever they were, was not to be numbered dueling. He was cast in a higher and better mold than that. He considered Jackson's military order as mutinous and reprehensible, as did most other people ; although stiff West Pointers must have thanked Jack- son for making a direct personal issue of this red-tape matter, so greatly to their benefit. Jackson's way, however, of arriving at a good result was one which did not commend itself to the soldier, and was as un- wise as it was unsoldierly and mischievous. But Gen- eral Scott's aversion for insubordination and mutiny did not last. Jackson's famous order was dwarfed to insignificance by the side of Scott's direct disobedience, and unworthy, unmanly, undignified, selfish, stubborn, and pestiferous writings and acts years afterwards in dealing with the War Department and the President, as to his own position. He found how hard it is with men of great wills to suffer infringements on what they consider their rights, as well as what they know are their fixed opinions. Most men of strongly molded character experience their greatest hardship in having their opinions contradicted and opposed in dealing with their fellows. Few of these men even among the learned and refined, or the good, will submit to be crossed. But no man known in the history of Amer- ica possessed this trait in so marked and reprehen- sible a degree as General Jackson, who deemed every man his mortal enemy who was opposed to ANDKEW JACKSON. 307 him in principles and conduct, and who dared to ex- press so much. As Jackson could not draw General Scott to the field of dishonor, the matter between them ended with this correspondence, and for several years they did not meet. In the meantime the country was not dis- turbed by the question as to who was the coward or who the "gentleman" in the case. This affair had barely terminated when Jackson became involved in another, not much more to his credit, with Governor John Adair. In his report of the battle of the 8th of January General Jackson had spoken of the " inglo- rious flight" of the Kentuckians under Colonel Davis, on the west side of the river. A military investiga- tion had exculpated the Kentuckians, and General Thomas's report justified the action of the troops from his State. McAfee's "History of the War of 1812," published in 1817, somehow got Thomas's report twisted into a statement from Jackson. This good turn in the case was at once published in the newspapers. But General Jackson proceeded indignantly to pronounce the author of the misrepresentation a forger and a vil- lain. Through one of his letters on the subject he started a "misunderstanding" with Adair. Some long and bitter letters passed between them, in which Jackson held to his original statement as to the "in- glorious flight" of the Kentuckians; but his memory of events suffered greatly under the sharp criticism of Adair, who believed the men of his State had been slandered, and that this fact was in no way better proven than by some of Jackson's own statements. Singularly enough these two men became friends in the course of time. 308 LIFE AND TIMES OF General Jackson's conduct at New Orleans after the battle, his famous order setting aside the authority of the Administration, his attempt to draw General Scott into a duel, his contemptible letters to Scott, and this affair with General Adair, were certainly not steps which would have been chosen in the career of a seeker of public favor. At all events, if Jackson believed that such a course would elevate him and establish him in the esteem of his countrymen, the opinion was as daring and extravagant as his success was extraordinary and inexplicable. ANDREW JACKSON. 309 CHAPTER XVIII. THE SEMINOLE WAR— GENERAL JACKSON AND GOVERNOR RABUN— NEGRO FORT— THE CHIEF McINTOSH. GENERAL JACKSON'S attention was now about to be turned to more important business than vindicating points of honor at the point of the pen, one of the poorest and most doubtful ways of estab- lishing character or bolstering a weak cause. Florida was now the seat of no little annoyance to the United States, as, indeed, had been the case since the begin- ning of the century. This Spanish territory had always been badly governed, and at no time worse than at the beginning of the War of 1812. It had always been a place of resort for men of doubtful and adventurous character. Little opposition was made or could be made by the Spanish authority to the in- roads upon this unprotected territory by restless and dangerous men of all colors and nations. Thus it became a rendezvous for runaway negroes, cut-throats, pirates, robbers, and seekers after doubtful military glory. Here sought refuge the unconquered Creeks who refused to submit, or agree to the " treaty " that deprived them of homes to which they were attached, and a land which they had inherited as children of Nature ages before the coming of the grasping white race. The Seminoles of Florida were a mixed people, 310 LIFE AND TIMES OF but were largely descended from the Creeks, and had a common claim with the discontented warriors who had recently joined them. Although not intermarried to any great extent with the Seminoles, the negroes who had, for a generation or so, been gathering here in security from slavery in the United States, made com- mon cause with them against all enemies. During the War of 1812 the British made an attempt to turn the mixed population of this desperate quarter to their advantage. After General Jackson had broken up the British, Spanish, and Indian nest at Pensacola, the British agent and leader. Colonel Edward Nichols, had established a depot on the Appalachicola River, about sixty miles from its head. This he made a strong post, and stocked it with the most wonderful array of war munitions which had ever been collected in this part of the continent, and called it the "British Post on the Appalachicola." Nichols also formed what he termed a treaty of alliance between Great Britain and the Seminole Indians, which the Ministry did not deem it necessary to accept or notice. On sailing for England with Hillis Hajo, and some other Indians bearing him company, Nichols left his wonderful fort in the wilderness in the care of his In- dian friends and allies. But it soon passed into the hands of the negroes, who could better appreciate the use of such a magnificently supplied work, and from which they operated with some success in their schemes of wickedness. At last the Government of the United States determined to take some steps for breaking up the rendezvous on the Appalachicola, and otherwise producing a better state of affairs in this region, which must soon come under her absolute ANDREW JACKSON. 311 control. Negro Fort, as Nichols's British Post was now called, had become a source of terror to planters and settlers on the southern border. General Jackson, to whose department this matter fell, sent a messenger to Pensacola, but the Spanish Governor gave him little satisfaction on the subject. Still he fell into the notion that the helpless and worthless Spaniard would not object to the United States breaking up the nui- sance left by Nichols. In this view he asked instruc- tions from the War Department. But Negro Fort was destined to be disposed of without General Jackson's personal interference, if not altogether in harmony with his private sentiments, as may be seen in the fifth vol- ume of this work. After the destruction of Negro Fort, there was comparative quiet in Florida for a short time. Sev- eral things, however, were conspiring to lead on to a crisis in affairs down there, as may be seen with suf- ficient fullness in another volume of this history. Early in the winter of 1817, this Government took possession of Amelia Island and broke up the den of Indian philanthropists and foreign adventurers in won- derful republican schemes. This feat brought Florida nearer into the possession of this country than it had ever been ; and, indeed, many an impetuous Southerner desired to end the piddling about the matter, and take immediate possession of a region so essential to the well- being of the United States, and which a little time would make a part of this Nation. But the break- ing-up of the rendezvous, at Fernandina, did not bring peace among the Indians. The prophet, Francis, or Hillis Hajo, had returned from England, filled with bad notions, and while the Indians were committing 312 LIFE AND TIMES OF murders and depredations wherever they could, their general disposition was for war. General Edmund P. Gaines, who had been man- aging the difficulties with the Indians, was formally ordered to look after matters on the Atlantic coast, and the more direct control of the troublesome busi- ness given to General Jackson, who had his own no- tions about what should be done with Florida. Gaines, who had held pretty closely to the Carolina and Georgia border, had been informed by the Secretary of War that if he found it necessary to follow the Indians into Florida, to do so without coming into conflict, in any way, with the Spaniards. Jackson was to pursue the same course. But before his in- structions reached him, he took occasion to write President Monroe his views as to the case, and said that if he were given the opportunity to do so, in sixty days he would put all Florida into the posses- sion of this Government. As will be shown hereafter, this letter was destined to be of great importance in deciding the course of events in Florida. On the 11th of January, 1818, the orders from the War Department to General Jackson reached Nash- ville. He was told that eight hundred regulars were at Fort Scott, and on the line of frontiers, and one thousand Georgia militia were also in the field against the Indians, and that if he deemed this force insuffi- cient, he should call upon the governors of the adja- cent States for more troops. He did deem the force insufficient, and the very day on which the orders were received, for him to proceed to the Seminole country, the Governor being absent, he took the re- sponsibility of calling a thousand volunteers from Ten- ANDREW JACKSON. 313 nessee .and Kentucky, to rendezvous at the old point, Fayetteville. He issued one of his spirited proclama- tions, and in twenty days more than a thousand men were ready to march fiom Fayetteville. The Gover- nor approved the course he had taken, and the Ad- ministration acquiesced, and in eleven days from the time he received his orders, Jackson set out from Nashville on horseback on his long journey of four hundred and fifty miles to Fort Scott. At Hartford, Georgia, he met General Gaines with some recently collected militia, numbering, with his own guard, about eleven hundred men. Hy the time he reached Che- haw, sixty miles above Fort Scott, the Creek Chief, Brigadier-General William Mcintosh, with a considera- ble force of friendly Indians, had joined him. At the Chehaw village the Indians left their women and chil- dren and old people, among them Howard, the old chief. On account of depredations, supposed to have been committed by Indians connected with the Chehaws, by order of the Governor of Georgia, some militia from that State fell upon the helpless town, not long after the departure of General Jackson, and brutally mur- dered the inhabitants, not sparing the women and children, nor even the old chief, Howard, the uncle of Mcintosh. The commander of this militia force had previously been notified at Fort Early that the Che- haw warriors were with Jackson, and, of course, that they and all their people left behind were friendly In- dians. This affair, like so many others against the In- dians, without any apology, brought on a correspond- ence between General Jackson and the Governor of Georgia, in which Jackson uttered one of his most 314 LIFE AND TIMES OF noted sayings, afterward much criticised by his ene- mies, and, perhaps, not always afterwards supported by his friends. Yet it was emphatically Jacksonian, and was really one of the most admirable and tangible things in his checkered career. The case was ex- tremely aggravating, and General Jackson was justly incensed, although the responsibility for the inhuman mnssacre did not go beyond the commander of the militia. To the Governor of Georgia, Jackson wrote that the affair was "base and cowardly, and that a governor of a State should make war against an Indian tribe at peace with, and under the protection of, the United States, is assuming a responsibility that I trust you will be able to excuse to the United States, to which you will have to answer. . . . You, as gov- ernor of a State within my military division, have no right to give a military order when I am in the fields Of this position Mr. Goodwin, one of General Jack- son's political friends and biographers says : — "In this he was perfectly right, and evinced a disposition to preserve rather than to disturb the harmony so desirable between the States and the General Government. The power of making war is vested exclusively by the Constitution in the Federal Government, and the equivalent duty imposed on it of guaran- teeing the integrity and independence of the several States. This duty the Federal Government was then in the act of dis- charging in favor of the State of Georgia." But the following Jacksonian address to the Che- haws, the General's order for the arrest of the leader of the murderers, and a correspondence between him and the Governor of Georgia, will throw some light on this case, and give a very positive glimpse of the new Jackson Democracy, soon to be set up in the country. Although the General did not, perhaps, come out first ANDREW JACKSON. 315 in this correspondence, yet it certainly illustrates his character in a way to demand admiration. GENERAL. JACKSON TO MAJOR DAVIS. " Hkad-quakters Division of the South, \ " May 7, 1818. / .last election, it had been in favor of General Jackson, through the post- office, and for this Mr. McLean was to be rewarded. Those men who had looked at General Jackson and supposed him to be George Washington, had now taken the first prescription for their malady. The illusion was fading. The plain backwoodsman had issued a cunning political address, and had fully exhibited in it his great faculty of exaggeration. From the founda- tion of the Government useful and upright men had been retained in office, no matter what had been the color of their political opinions. This had especially been true of all the lower grades of public places ; and Mr. Adams had even retained his influential ene- mies in office for fear the sin would be charged to him of turning men out of position for their political opin- ions. He even went so far as to invite William H. Crawford to remain in his Cabinet ; and John McLean had bitterly opposed his re-election, and had, for years, used the department over which he presided for the defeat of Mr. Adams, yet he would not dismiss him. Mr. Adams honorably said that the country could not 26— G 402 LIFE AND TIMES OF afford to lose the valuable labors of McLean in the post-office service. His unfair machinations against himself could much better be borne. But the custom of continuance in office was considered so firmly estab- lished that the members of Mr. Adams's Cabinet were in doubt about sending in their resignations. Jack- son's quietness on the subject had furnished them no clue to his intentions. But the only important official connected with Mr. Adams's Administration, who remained to General- Jackson's, was John McLean. His retention was owing mainly to the cause already mentioned. McLean had raised the Post-office De- partment to a high state of efficiency and respecta- bility. He had been the most able and successful man who had yet filled that position, and, being an out- and-out Jackson man, he had turned the great strength of his department to the benefit of his candidate as far as he wished, which was the only abuse of the kind yet known in the administration of the affairs of the Government. For this help and friendship Mr. Mc- Lean was to be retained in the new Administration ; and, to satisfy his ambition, the position was to be raised to a regular Cabinet office, which it never had been. But more was meditated in the new deal than Mr. McLean was conscientiously able to carry out, and he did not become a member of the new Cnbinet. When apprised by General Jackson of the real sig- nification of the hickory-brooms, he emphatically de- clined to be an instrument in the unreasonable removal of men from the places they held. Many good men held positions in the post-office, and he could not see the propriety of dismissing them. The Department had risen to great proportions and efficiency under ANDREW JACKSON. 403 them. He -was, therefore, placed on the Supreme Bench, where there was a vacancy which Mr. Adams was not allowed to fill. This was, indeed, a remarkable beginning for Gen- eral Jackson's Administration. The Washingtonian traits had not yet appeared. It was beginning in a truly characteristic Jacksonian way, and nothing more. It certainly should be supposed, however, that 'General Jackson had left the "Hermitage" bent with his first great misfortune, as he thought, meaning to be a good President, to do the best he could for the whole country, and bring about a happy state of affairs to be felt, as such, by all its citizens. How well he suc- ceeded in this laudable purpose the reader must de- cide. He had, perhaps, made some reservations in favor of himself in becoming the "Great Father" of all the people. The Indians, the original proprietors of the country, he hardly considered as having any rights worthy of his respect. And those miscreants whom he believed to have been concerned in slandering and breaking the heart of poor "Aunt Rachel" were to be the objects of his unalterable hatred. These last he meant to pursue to the ends of the earth. Nor did he fail or become weary in his purpose. On the 11th of February, 1829, he had reached Washington, but .believing that President Adams had sanctioned the attacks upon the character of Mrs. Jack- son, he positively refused to call on him, which it was his duty to do according to all precedents. So offensive and apparent was this conduct that some of the Jack- son newspapers deemed it necessary to make some defense of the General's course. This they did on the utterly unfeasible and ftilse ground that it was Mr. 404 LIFE AND TIMES OF Adams's duty to call first on the President-elect. But this defense was foolish, if the whole business was not, for the custom was fixed, and nobody knew better what it was than did Mr. Adams, who had a big grievance of his own, and did not go to see his successor inaugurated, as, perhaps, he should have done. He had better grounds, however, for his con- duct than his father had before him. " Great " men are much like other people. Early in the winter of 1827, President Adams made this record of his opinion as to the probable re- sult of the race he was then running : — "General Jackson will, therefore, be elected. But it is im- possible that his Administration should give satisfaction to the people of this Union. He is incompetent both by his ignorance and by the fury of his passions." Subsequently in speaking of what was published as the General's elegant addresses at New Orleans, in 1828, where he went for a personal "boom," Mr. Adams wrote : — "These answers were all written by Harry Lee, who has be- come an inmate of his family, and attended him to New Orleans. As they were in an ambitious and court-dress style, some of his impudent jackals fell into ecstasies in the newspapers at his elo- quence and the fine literary composition, and they were boldly claiming for him the reputation of an elegant writer. But the General, in one of his raving fits, had sent one of his Nashville white-washing committee's pamphlets on his matrimonial adven- tures to Peter Force, editor of the ' National Journal,' and had written with his own hand, though without signing his name, on the title-page, about four lines, insulting to Force and grossly in- solent to the Administration. Coarse, vulgar, and false in its invective, it was couched in language worthy of ancient Pistol, and set all grammar and spelling alike at defiance." ANDREW JACKSON. 405 CHAPTER XXIII. THE CABINET— WORK OF REFORM— REIGN OF TERROR— THE SCANDAL— ALL ABOUT NOTHING— THE COUNTRY PUT TO SHAME. THE Cabinet of President Jackson was nominally as follows : — Martin Van Buren, of New York, Secretary of State ; Samuel D. Ingham, of Pennsylvania, Secretary of the Treasury ; John H. Eaton, of Tennessee, Secre- tary of War ; John Branch, of North Carolina, Secre- tary of the Navy ; John McPherson Berrien, of Georgia, Attorney-General ; and William Tecumseh Barry, of Kentucky, Postmaster-General, the newly established Cabinet office. One of General Jackson's partial, partisan biographers plainly intimates that the appointment of some of these men was mainly owing to their ill-will towards Mr. Clay. Nobody ever main- tained that this was a very brilliant Cabinet. Jtjiid not compare favorably with the one that preceded it. It was, however, the misfortune of the members of this Cabinet to gain a notoriety which they did not deserve, as will appear in the following pages. General Jackson was beset by advisers from all parts of the country, some of whom soon became of more importance to him than his acknowledged Cabinet. From Nashville, his friend and relative, William B. Lewis, had accompanied him to the 406 LIFE AND TIMES OF Capital, to see the inauguration and to see the Gen- eral's family well organized, and affairs smoothly set in motion; but he had been too much of a necessity to Jackson to be dispensed with at this time. He had been an unselfish friend. He believed in General Jackson, and he was sufficiently compensated for all his work, when, at last, he saw it well and safely done. He needed no office, wanted none. But Jack- son still needed him, and finally, with the same gen- erosity that had characterized him in all his efforts in behalf of his interesting friend, he consented to be- come one of the auditors of the Treasury, a position unequal to his abilities, yet having the virtue of giving him all the time he needed for his more essential and equally undignified services in the Administration. The inaugural speech was partly his and partly the production of the General, but Henry Lee had given it the final polish. Lee had accompanied the General to Washington to get an office, and he was nominated for some unimportant foreign place, but the Senate declined to confirm the appointment, and he died with- out his reward. With the exception of his wife, the best friend General Jackson ever had was Wm. B. Lewis. Many men were, strangely enough, attached to his person, conduct, and good fortune, but in greater or less de- grees all of these men, perhaps, like poor Lee, ex- pected their reward ; whereas Lewis was simply and unqualifiedly devoted to Jackson and his interests, without the remotest thought or desire of compensa- tion. His friendship was genuine, and well enough exemplified the possibility of unselfish and disinter- ested friendship among men. Among all General ANDREW JACKSON. 407 Jackson's advisers, counselors, instigators, guides, and helpers, Lewis really stood at the top as not only the safest and most conscientious, but, perhaps, also, the most able. His knowledge of men and the ways best to lead and control them for political purposes was extraordinary. He seldom, or never, made a misstep in these things, and it would be difficult to estimate the share his mind and hand took in shaping the for- tunes of General Jackson. President Jackson and his clans took possession of the White House in an entirely characteristic manner. Preparations had been made to receive " the people," who had won, at the White House, on the night of the inauguration. Many barrels of " orange-punch " were prepared for the occasion, to be distributed, with some other things, to as disorderly and mob-like a crowd as could assemble to introduce an Administra- tion. By this strangely coarse and vulgar perform- ance. General Jackson took charge of the stately resi- dence of the Presidents, and a hitherto unknown order of things began there, and in the conduct of public affairs. Andrew Jackson Donelson was the private secretary, and his wife was to be the " Lady of the White House." The General's adopted son, Andrew Jackson, Jr., was soon afterwards married, and his wife shared the " honors " of the President's House. The Senate adjourned on the 17th of March, and the President and his advisers, public and private, were left to start the great work of " reform " in their own way, or more strictly speaking, in his way. General Jackson followed in no man's tracks. He proceeded at once to break down all standards. The system of precedents, so laboriously arrived at by his 408 LIFE AND TIMES OF predecessors, was of little note to him. Although the Constitution had given the President absolute power in removing individuals from office in the civil employ of the Government, as was decided after no little contention and anxiety, it did not appear by any means, that this power would ever be exercised for the mere purposes of friendship, or partisan advance- ment ; nor could it at that early date be supposed that it had entered the minds of the " Framers " that the power should ever be employed otherwise than to serve the most open, single, honorable business and official interests of the Government. They did not consider, or deem it worthy to consider, that this power would be converted to personal aggrandizement, be made the great engine of party conquest. Up to the time of the inauguration of Andrew Jackson, in 1829, the original design of this power had, in the main, been most scrupulously maintained. So far was this sentiment generally carried with General Jackson's predecessors, that removal from office without good ap- parent business cause, was considered slanderous and disreputable to the Executive. And without excep- tion down to this date the appointment of a friend or relative to office, though he had all the requisite quali- ties, was held as a matter of great delicacy and doubt on the part of the President. Even the private sec- retary was barely allowed to be a member of the President's own family. So fearful was General Jack- son's immediate predecessor of making a partial or one-sided step that he could not carry out his own principles, where such action was to be expected, by reason of the enemies he kept everywhere in public places. ANDREW JACKSON. 409 The qualifications for position in the civil employ up to March 4, 1829, were honesty, capacity, ability, and the respect and confidence of men. Although Mr, Jefiersiia had dismissed mare office-holders than all other Presidents up to this date, he had, in the main, held to the general and well-understood principle, and stubbornly declined to admit that he h^d ever removed men from office for partisan reasons, notwithstanding his situation at the breaking up or overthrow of the Federal party, after a most bitter party contest. It was left for another age, and another class of public men, to depart from this honorable and safe practice. For a race of " strict constructionists," who, them- selves, and their descendants, have held as peculiarly their own property the cry of the " Constitution as it is " with all its ancient landmarks, it was left strangely, or perhaps naturally, enough to introduce the new re- publican doctrine, " To the victor belongs the spoils." The statesman, if there be such, pure and simple, in America to-day, can but deplore this innovation, the establishment of this vast, untold, unmitigated system of political corruption in the very machinery of his Government. Even the politician whose whole life has not yet become a question of plunder, may turn with disgust from a system which comes down to his pocket and bowels at every turn, and is fostered by his lying smiles and promises for the future. Read American history, read American biography, and see where lies the responsibility for this national calamity. But to return to the story. It had been a serious question with previous Administrations as to appointing members of Congress to Cabinet and other places. But notwithstanding his " ad hominem " announcement on 410 LIFE AND TIMES OF this subject a few years before, General Jackson did not allow it to bother him. Four or five members of his Cabinet were, at the time of their appointment, members of Congress, and a large number of his other appointments, as collectors, foreign ministers, and dis- trict attorneys, fell to members of Congress. In the whole history of the Government before, all the ap- pointments from this source did not equal in number those made by General Jackson in a short time. In Washington City the Jacksonian mode of " re- form " amounted to a reign of terror. The General forgot his advice to Mr. Monroe in 1816. Circum- stances had altered the case. The departments were soon swept, and none but the President's friends and supporters were placed in office. One of his first steps was to create a new Cabinet officer in the Postmaster- General. Although this step was well enough in itself, it was hastened forward at the time to accommodate and honor John McLean, who had exerted the influence of his position under Mr. Adams for the success of General Jackson. But it turned out that Mr. McLean did not favor the wholesale, indiscriminate dismissal policy about to be entered upon, and of this fact he duly notified the President. Mr. McLean did not, in truth, believe in discharging competent and valuable men from place for mere political or personal preference, nor that such a practice could be safe and best for the country. This was an unexpected turn, but it did not check General Jackson. Mr. McLean was at once of- fered the vacancy on the Supreme Bench, and readily accepted it as his reward. One of the first men removed from office without cause was General William Henry Harrison, Minister ANDREW JACKSON. 411 to Colombia, South America. General Harrison had barely reached his post and entered upon his duties with great satisfaction to the new republic. He had mildly dissented from the course of General Jackson in the Seminole campaign, but he had yet taken no official steps which could have rendered him in any degree cen- surable to General Jackson or the country, as may be seen in a succeeding volume of this work. Washington was now in a great hubbub. The permanent character of life and business there was derived directly from the permanence among the Government employes. No man now knew what a day would bring forth. The following taken from an old Washington news- paper will give some idea of how the new order of things was working : — "Thirty-three houses which were to have been built this year have, we learn, been stopped, in consequence of the unsettled and uncertain state of things now existing here ; and the merchant can not sell his goods or collect his debts from the same cause. We have never known the city to be in a state like this before, though we have known it for many years. The individual dis- tress, too, produced, in many, cases, by the removal of the desti- tute officers, ,is harrowing and painful to all who possess the or- dinary sympathies of our nature, without regard to party feeling. No man, not absolutely brutal, can be pleased to see his personal friend or neighbor suddenly stripped of the means of support, and cast upon the cold charity of the world without a shelter or a home. Frigid and insensible must be the heart of that man who could witness some of the scenes that have lately been exhibited here, without a tear of compassion or a throb of sympathy. But what is still more to be regretted is, that this system, having been once introduced, must necessarily be kept up at the commence- ment of every Presidential term ; and he who goes into office knowing its limited and uncertain tenure, feels no disposition to make permanent improvements or to form for himself a permanent residence. He, therefore, takes care to lay up what he can dur- ing his brief official existence, to carry off to some more congenial 412 LIFE AND TIMES OF spot, where he means to spend his life, or re-enter into business. All, therefore, that he might have expended in city improve- ments is withdrawn, and the revenue of the corporation, as well as the trade of the city, is so far lessened and decreased. It is obviously a most injurious policy as it respects the interests of our city. Many of the oldest and most respectable citizens of Wash- ington, those who have adhered to its fortunes through all their vicissitudes, who have ' grown with its growth and streugthened with its strength,' have been cast off to make room for strangers who feel no interest in the prosperity of our infant metropolis, and who care not whether it advances or retrogrades." Mr. Samuel Swartv^^out was among the new-comers at the Capital, who expected to have their fortune bet- tered by what Mr. Benton called " a revolution of parties." Swartwout was singularly representative of the class of men, as a rule, who have become the scramblers for political office, and who now, for the first time, appeared at the Nation's Capital. The fol- lowing extract from a somewhat famous letter written by him to a friend in New York contains the ring, well known to everybody in these latter days : — "I hold to your doctrine fully, that no rascal who made use of his office or its profits for the purpose of keeping Mr. Adams in, and General Jackson out of power, is entitled to the least lenity or mercy, save that of hanging. So we think both alike on that head. Whether or not I shall get anything in the gen- eral scramble for plunder, remains to be proven ; but I rather guess I shall. What it will be is not yet so certain ; perhaps keeper of the Bergen light-house. I rather think Massa Pomp stands a smart chance of going somewhere, perhaps to the place you have named, or to the devil. Your man, if you want a place, is Colonel Hamilton, he being now the second officer in the Government of the Union, and in all probability our next President. Make your suit to him, then, and you will get what you want. I know Mr. Ingham slightly, and would recommend you to push like a devil if you expect anything from that quar- ter. I can do you no good in any quarter of the world, having ANDREW JACKSON. 413 mighty little influence beyond Hoboken. The great goers are the new men ; the old troopers being all spavined and ring-boned from previous hard travel. I've got the bots, the fetlock, hip- joint, gravel, halt, and founders ; and I assure you if I can only keep my own legs, I shall do well ; but I 'ra darned if I can carry any weight with me. When I left home, I thought my nag sound and strong, but the beast is rather broken down here. I'll tell you more about it when I see you in New York. In seriousness, my dear sir, your support must come from Mr. Van Buren and Mr. Colonel Hamilton ; I could not help you any more than your clerk." The great Colonel Hamilton mentioned in this let- ter, was James A. Hamilton, son of Alexander Ham- ilton, the first Secretary of the Treasury, who was acting as Secretary of State until the arrival of Mr. Van Buren. But his greatness never reached that elevation which Swartwout predicted. Swartwout him- self fared much better than he expected, and he actu- ally got the position for which he had the impudence to apply. Some of General Jackson's most intimate friends, his confidential advisers, opposed this wholesale dis- missal of office-holders, and advised him openly and decidedly against it. But the General had his own sentiments on the subject, mainly based upon his unal- terable feelings against men who had opposed him or stood in his way, and his strong desire to be of service to his friends and admirers. The counsels of his needy friends had great weight with him ; and not- withstanding his hickory will and adventurous personal strength, they often led him. Indeed, no other Presi- dent of the United States has been so deeply and dangerously influenced by his personal whims and at- tachments as was Geneial Jackson in the exercise of his official duties. While there may be something 414 LIFE AND TIMES OF admirable in the mere animal trait of personal attach- ments, as a dominant quality in a public functionary, it is not fortunate. Thomas H. Benton, who became General Jackson's most undeviating defender under all circumstances, right or wrong, thus talks of the removals : — "Having vindicated General Jackson and Mr, Adams from the reproach of Mons. de Tocqueville, and having shown that it was neither a principle nor a practice of the Jefferson school to remove officers for political opinions, I now feel bound to make the declaration, that the doctrine of that school has been too much departed from of late, and by both parties, and to the great detriment of the right and proper working of the Government. "The practice of removals for opinion's sake is becoming too common, and is reducing our Presidential elections to what Mr. Jefferson deprecated, 'a contest of office instead of principle,' and converting the victories of each party, so far as office is concerned, into the political extermination of the other ; as it was in Great Britain between the Whigs and Tories in the bitter contests of one hundred years ago, and when the victor made a ' clean sweep' of the vanquished, leaving not a wreck behind." Some of General Jackson's appointments were so manifestly bad that the Senate never would confirm them, and there was a wide feeling of regret and shame over the existence of such sweeping changes in office when the political sentiment of the country was so largely unanimous. Although there is a great variety of opinion as to the number of removals made by President Jackson during the first month and year of his Administration, it may pretty safely be concluded that in the chief places and their subordinate ones of all grades, great and small, not less than two thousand office-holders lost their positions the first year, to give way to friends and supporters of the President. ANDREW JACKSON. 415 The most scandalous affair ever connected with the Presidential office of the United States was started soon after the organization of General Jackson's Cab- inet, and much of his time, during the summer of 1829, was spent in looking into the matter and using his authority in attempts to correct the evil conse- quences. The case was one of the few misfortunes which befell General Jackson, but it was not numbered among his faults. John H. Eaton, the Secretary of War, had recently married Margaret Timberlake, widow of John B. Tim- berlake, an officer in the navy, who died of disease, or according to common belief, committed suicide, while serving on the Mediterranean Sea, in 1828. Mrs. Timberlake lived with her father, " Mfijor " O'Neal, who, like almost everybody else in Washing- ton, kept a hotel or boarding-house. Here both Gen- eral Jackson and Major Eaton were accustomed to stop when serving as members of Congress from Tennessee. Mrs. Timberlake assisted her parents in the care of their business as she had done when she was "Peg" O'Neal. She was exceedingly attractive, well edu- cated, and had a remarkable tongue for " gab," which, however, she used in such a way as to increase in- stead of diminish her other attractive qualities. Her position in her father's house, and her vivacious and pleasant manners made her a favorite among the boarders, and gained for her an unenviable reputation, which she did not deserve. At least General Jackson thought she did not. It would, perhaps, be ditficult for any good-looking and sprightly woman to grow up or live in a hotel or a boarding-house, without a social or moral taint of some kind. 416 LIFE AND TIMES OF The wives of the Vice-President, the Cabinet min- isters, and several foreign representatives, as well as some of the unofficial leaders of fashion at the Capital, refused to associate with Secretary Eaton's wife. Among the most stubborn of these persons, bent on the utter excommunication of Mrs. Eaton, was the "Lady of the White House," Mrs. A. J. Donelson. J. N. Campbell, pastor of the Presbyterian Church which was attended by General Jackson, and had been attended by " Aunt Rachel " during the winter she spent in Washington, was deeply concerned about what he felt would soon come out as a public topic to the great injury of the General. Among the friends who came to see Jackson enter upon his " reign," as his Administration was not unfrequently called by contemporary writers, was another Presbyterian preacher from Philadelphia. To him Mr. Campbell told all he knew about it, which, indeed, seemed to be too much for a man of his profession to know or tell, or anybody else, in fact ; and these two careful men concluded that General Jackson ought, at least, to be apprised of the nature of the case, that he might be able to correct the error of appointing Mr. Eaton to a place in the Cabinet. After Mr. Ely returned to Philadelphia he divulged the whole case in a letter to the President, who, at once, assumed that all this story was without founda- tion in truth, and espousing the cause of Major Eaton and his wife, began himself an investigation*, which resulted to his satisfaction in proving that this great tempest raised in " high society " was as usual, " much ado about nothing." Yet he found that to stop the tongue of " society," and make the stubborn " fair ANDREW JACKSON. 417 sex " take Mrs. Eaton into their " circle," or even re- turn a call or invite her to a ball, was a more difficult task than conquering Red Eagle or training obstreper- ous Spanish governors. It was, indeed, the most diffi- cult task he had ever undertaken. And in the main he failed. It was pitiable to see the President of the United States engaged in a great scandal, and making himself the central figure. But he was not the man to desert a friend. Then, he had two other motives for his participation in this affair. . He saw in it something similar to the case of his own wife, and he felt that he was again fighting over her battles. He believed Mr. Clay had some hand in that case, and he now believed that his minions were at work in this, to ruin his friends and injure his Administration. Mr. Van Buren, who had no family, took an active part with the President, and was successful in induc- ing some of the bachelors in the diplomatic corps to favor Mrs. Eaton. But the General broke with Mr. Campbell, and stopped attending his church. Mrs. Donelson held out so persistently that she had to be sent home to Tennessee. Her husband also resigned his place. But the Donelsons were both reinstated in their positions, and in the old man's favor. Mrs. Eaton had extraordinary tact. She had a giant on her side. She would not be put down. Her success was indeed very great. Men whd wanted the favor of the President had to be her friends, to all appear- ances. But after all was done, the affair proved dis- astrous to General Jackson's first Cabinet. It was, at all events, one of the great causes of its dissolution. For many a year, if not forever, Mrs. Eaton kept her place in the esteem of General Jackson. 27— Q 418 LIFE AND TIMES OF Major Eaton died in 1856, but he had forfeited his standing in the confidence and respect of the General by his desertion of the Democracy, and by advocating the claims of General Harrison in 1840. Although Eaton still held his respect for his old friend, he was guilty of this sin which Jackson never could forgive. Mrs. Eaton, a brilliant woman, and a first-class politician and diplomate, lived until 1879. The Major left her a fortune, but she fell into bad hands and lost most of it. She became attached to a musician, a foreigner, and married him. But he converted much of her fortune into money w^ith which he sailed for Europe, leaving a bad reputation behind him, and misfortune and regret to this once too gay and fasci- nating woman. ANDREW JACKSON. 419 CHAPTKR XXIV. PRESIDENT JACKSON'S FIRST ANNUAL MESSAGE— ACTS OF CONGRESS— THE VETO BREAKS THE DREAM OF INTERNAL IMPROVEMENT— NULLIFI- CATION SANCTIONED IN GEORGIA. BUT more important events now demand attention. On the 7th of December, 1829, Congress con- vened, and remained in session until the last day of May, 1830. In the Senate, Samuel Smith, of Maryland, presided as president, in the absence of the Vice-President. Andrew Stevenson, of Virginia, was re-elected Speaker of the House, by 152 against 39 votes ; and in both Houses the Administration, what- ever it might do or be, had a considerable majority. FIRST ANNUAL MESSAGE. December S, 1829. Fellow-citizens of the Senate and House of Representatives : It affords me pleasure to tender my friendly greetings to you on the occasion of your assembling at the seat of government, to enter upon the important duties to which you have been called by the voice of our countrymen. The task devolves on me, under a provision of the Constitution, to present to you, as the Federal Legislature of twenty-four sovereign States, and twelve millions of happy people, a view of our affairs ; and to purpose such measures as, in the discharge of my official functions, have suggested themselves as necessary to promote the objects of our Union. In communicating with you for the first time, it is to me a 420 LIFE AND TIMES OF source of unfeigned satisfaction, calling for mutual gratulation and devout thanks to a benign Providence, that we are at peace with all mankind, and that our country exhibits the most cheer- ing evidence of general welfare and progressive improvement. Turning our eyes to other nations, 'our great desire is to see our brethren of the human race secured in the blessings enjoyed by ourselves, and advancing in knowledge, in freedom, and in social happiness. Our foreign relations, although in their general character pacific and friendly, present subjects of difference between us and other powers, of deep interest, as well to the country at large as to many of our citizens. To effect an adjustment of these shall continue to be the object of my earnest endeavors ; and notwith- standing the difficulties of the task, I do not allow myself to ap- prehend unfavorable results. Blessed as our country is with everything which constitutes national strength, she is fully ade- quate to the maintenance of all her interests. In discharging the responsible trust confided to the Executive in this respect, it is my settled purpose to ask nothing that is not clearly right, and to submit to nothing that is wrong ; and I flatter myself that, supported by the other branches of the Government, and by the intelligence and patriotism of the people, we shall be able, under the protection of Providence, to. cause all our just rights to be respected. Of the unsettled matters between the United States and other powers, the most prominent are those which have for years been the subject of negotiation with England, France, and Spain. The late periods at which our ministers to those governments left the United States render it impossible, at this early day, to inform you of what has been done on the subjects with which they have been respectively charged. Relying upon the justice of our views in relation to the points committed to negotiation, and the reciprocal good-feeling which characterizes our intercourse with those nations, we have the best reason to hope for a satisfactory adjustment of existing differences. With Great Britain, alike distinguished in peace and war, we may look forward to years of peaceful, honorable, and ele- vated competition. Everything in the condition and history of the two nations is calculated to inspire sentiments of mutual respect, and to carry conviction to the minds of both, that it is their policy to preserve the most cordial relations. Such are my ANDREW JACKSON. 421 own views, and it is not to be doubted that such are also the prevailing sentiments of our constituents. Although neither time nor opportunity has been afforded for a full development of the policy which the present cabinet of Great Britain designs to pursue toward this country, I indulge the hope that it will be of a just and pacific character ; and if this anticipation be realized, we may look with confidence to a speedy and acceptable adjust- ment of our affairs. Under the convention for regulating the reference to arbitra- tion of the disputed points of boundary under the fifth article of the Treaty of Ghent, the proceedings have hitherto been con- ducted in that spirit of candor and liberality which ought ever to characterize the acts of sovereign States, seeking to adjust, by the most unexceptionable means, important and delicate subjects of contention. The first statements of the parties have been ex- changed, and the final replication, on our part, is in a course of preparation. This subject has received the attention demanded by its great and peculiar importance to a patriotic member of this confederacy. The exposition of our rights, already made, is such as, from the high reputation of the commissioners by whom it has been prepared, we had a right to expect. Our interests at the court of the sovereign who has evinced his friendly disposi- tion by assuming the delicate task of arbitration, have been com- mitted to a citizen of the State of Maine, whose character, talents, and intimate acquaintance with the subject, eminently qualify him for so responsible a trust. With full confidence in the jus- tice of our cause, and in the probity, intelligence, and uncom- promising independence of the illustrious arbitrator, we can have nothing to apprehend from the result. From France, our ancient ally, we have a right to expect that justice which becomes the sovereign of a powerful, intelli- gent, and magnanimous people. The beneficial effects produced by the commercial convention of 1822, limited as are its pro- visions, are too obvious not to make a salutary impression upon the minds of those who are charged with the administration of her government. Should this result induce a disposition to em- brace, to their full extent, the wholesome principles which con- stitute our commercial policy, our minister to that court will be found instructed to cherish such a disposition, and to aid in con- ducting it to useful practical conclusions. The claims of our citizens for depredations upon their property, long since com- 422 LIFE AND TIMES OF mitted under the authority, and, in many instances, by the ex- press direction, of the then existing Government of France, remain unsatisfied ; and must, therefore, continue to furnish a subject of unpleasant discussion, and possible collision, between the two goveruments. I cherish, however, a lively hope, founded as well on the validity of those claims, and the established policy of all enlightened governments, as on the known integrity of the French monarch, that the injurious delays of the past will find redress in the equity of the future. Our minister has been in- structed to press these demands on the French Government with all the earnestness which is called for by their importance and irrefutable justice ; and in a spirit that will evince the respect which is due to the feelings of those from whom the satisfaction is required. Our minister recently appointed to Spain has been authorized to assist in removing evils alike injurious to both countries, either by concluding a commercial convention, upon liberal and recip- rocal terms; or by urging the acceptance, in their full extent, of the mutually beneficial provisions of our navigation acts. He has also been instructed to make a further appeal to the justice of Spain, in behalf of our citizens, for indemnity for spoliations upon our commerce, committed under her authority — an appeal which the pacific and liberal course observed on our part, and a due confidence in the honor of that government, authorize us to expect will not be made in vain. With other European powers, our intercourse is on the most friendly footing. In Russia, placed by her territorial limits, ex- tensive population, and great power, high in the rank of nations, the United States have always found a steadfast friend. Although her ^^recent invasion of Turkey awakened a lively sympathy for those who were exposed to the desolations of war, we can not but anticipate that the result will prove favorable to the cause of civilization, and to the progress of human happiness. The treaty of peace between these powers having been ratified, we can not be insensible to the great benefit to be derived by the commerce of the United States, from unlocking the navigation of the Black Sea, a free passage into which is secured to all merchant vessels bound to ports of Russia under a flag at peace with the Porte. This advantage, enjoyed, upon conditions, by most of the powers of Europe, has hitherto been withheld from us. During the past summer, an antecedent, but unsuccessful attempt to obtain ANDREW JACKSON. 423 it, was renewed under circumstances which promised the most favorable results. Although these results have fortunately been thus in part attained, further facilities to the enjoyment of this new field for the enterprise of our citizens are, in my opinion, sufficiently desirable to insure to them our most zealous attention. Our trade with Austria, although of secondary importance, has been gradually increasing ; and is now so extended as to de- serve the fostering care of the Government. A negotiation, commenced and nearly completed with that power, by the late Administration, has been consummated by a treaty of amity, navigation, and commerce, which will be laid before the Senate. During the recess of Congress, our diplomatic relations with Portugal have been resumed. The peculiar state of things in that country caused a suspension of the recognition of the repre- sentative who presented himself until an opportunity was had to obtain from our official organ there information regarding the actual, and as far as practicable, prospective, condition of the authority by which the representative in question was appointed. This information being received, the application of the established rule of our Government, in like cases, was no longer withheld. Considerable advances have been made, during the present year, in the adjustment of claims of our citizens upon Denmark for spoliations ; but all that we have a right to demand from that government, in their behalf, has not yet been conceded. From the liberal footing, however, upon which this subject has, with the approbation of the claimants, been placed by the Gov- ernment, together with the uniformly just and friendly disposi- tion which has been evinced by his Danish Majesty, there is a reasonable ground to hope that this single subject of difference will speedily be removed. Our relations with the Barbary powers continue, as they have long been, of the most favorable character. The policy of keep- ing an adequate force in the Mediterranean, as security for the continuance of this tranquillity, will be persevered in ; as well as a similar one for the protection of our commerce and fisheries in the Pacific. The southern Republics, of our own hemisphere, have not yet realized all the advantages for which they have been so long struggling. We trust, however, that the day is not distant, when the restoration of peace and internal quiet, under permanent 424 LIFE AND TIMES OF systems of government, securing the liberty, and promoting the happiness of the citizens, will crown, with complete success, their long and arduous efforts in the cause of self-government, and enable us to salute them as friendly rivals in all that is truly great and glorious. The recent invasion of Mexico, and the effect thereby pro- duced upon her domestic policy, must have a controlling influence upon the great question of South American emancipation. We have seen the fell spirit of civil dissension rebuked and, perhaps, forever stifled in that republic, by the love of independence. If it be true, as appearances strongly indicate, that the spirit of in- dependence is the master spirit, and if a corresponding sentiment prevails in the other States, this devotion to liberty can not be without a proper effect upon the counsels of the mother country. The adoption, by Spain, of a pacific policy towards her former Colonies — an event consoling to humanity, and a blessing to the world, in which she, herself, can not fail largely to participate — may be most reasonably expected. The claims of our citizens upon the South American govern- ments, generally, are in a train of settlement ; while the princi- pal part of those upon Brazil have been adjusted, and a decree in council, ordering bonds to be issued by the minister of the treasury for their amount, has received the sanction of his im- perial majesty. This event, together with the exchange of the ratifications of the treaty negotiated and concluded in 1828, hap- pily terminates all serious causes of difference with that power. Measures have been taken to place our commercial relations with Peru upon a better footing than that upon which they have hitherto rested ; and if met by a proper disposition on the part of that government, important benefits may be secured to both countries. Deeply interested as we are in the prosperity of our sister republics, and more particularly in that of our immediate neigh- bor, it would be most gratifying to me, were I permitted to say, that the treatment which we have received at her hands has been as universally friendly as the early and constant solicitude mani- fested by the United States for her success gave us a right to expect. But it becomes my duty to inform you that prejudices, long indulged by a portion of the inhabitants of Mexico against the Envoy Extraordinary and Minister Plenipotentiary of the United States, have had an unfortunate influence upon the ANDREW JACKSON. 425 affairs of the two countries, and iiave diminished that usefulness to its own which was justly to be expected from his talents and zeal. To this cause, in a great degree, is to be imputed the failure of several measures equally interesting to both parties; but particularly that of the Mexican Government to ratify a treaty negotiated and concluded in its own capital and under its own eye. Under these circumstances, it appeared expedient to give to Mr. Poinsett the option either to return or not, as, in, his judgment, the interest of his country might require; and in- structions to that end were prepared ; but, before they could be dispatched, a communication was received from the. Government of Mexico, through its charge d'affaires here, requesting the recall of our Minister. This was promptly complied with ; and a rep- resentative of a rank corresponding with that of the Mexican diplomatic agent near this Government was appointed. Our conduct towards that republic has been uniformly of the most friendly character; and having thus removed the only alleged obstacle to harmonious intercourse, I can not but hope that an advantageous change will occur in our affairs. In justice to Mr. Poinsett, it is proper to say, that my imme- diate compliance with the application for his recall, and the ap- pointment of his successor, are not to be ascribed to any evidence that the imputation of an improper interference by him in the local politics of Mexico was well founded ; nor to a want of con- fidence in his talents or integrity ; and to add, that the truth of that charge has never been affirmed by the Federal Government of Mexico, in its communication with this. I consider it one of the most urgent of my duties to bring to your attention the propriety of amending that part of our Con- stitution which relates to the election of President and Vice- President. Our system of Government was, by its framers, deemed an experiment ; and they, therefore, consistently provided a mode of remedying its defects. To the people belongs the right of electing their Chief Magis- trate ; it was never designed that their choice should, iu any case, be defeated, either by the intervention of electoral colleges, or by the agency confided, under certain contingencies, to the House of Representatives. Experience proves, that, in propor- tion as agents to execute the will of the people are multiplied, there is danger of their wishes beiug frustrated. Some may be unfaithful ; all are liable to err. So far, therefore, as the people 426 LIFE AND TIMES OF can, with convenience, speak, it is safei- for them to express their own will. The number of aspirants to the Presidency, and the diversity of the interests which may influence their claims, leave little reason to expect a choice in the first instance ; and, in that event, the election must devolve on the House of Representatives, where, it is obvious, the will of the people may not be always ascertained ; or, if ascertained, may not be regarded. From the mode of voting by States, the choice is to be made by twenty- four votes ; and it may often occur, that one of these may be controlled by an individual representative. Honors and ofiices are at the disposal of the successful candidate. Repeated ballot- iugs may make it apparent that a single individual holds the cast in his hand. May he not be tempted to name his reward? But even without corruption — supposing the probity of the rep- resentative to be proof against the powerful motives by which he may be assailed — the will of the people is still constantly liable to be misrepresented. One may err from ignorance of the wishes of his constituents ; another, from a conviction that it is his duty to .be governed by his own judgment of the fitness of the candi- dates ; finally, although all were inflexibly honest — all accurately informed of the wishes of their constituents — yet, under the present mode of election, a minority may often elect a President ; and when this happens, it may reasonably be expected that efforts will be made on the part of the majority to rectify this injurious opera- tion of their institutions. But although no evil of this character should result from such a perversion of the first principle of our sys- tem — that the majority is to govern — it must be very certain that a President elected by a minority can not enjoy the confidence necessary to the successful discharge of his duties. * In this, as in all other matters of public concern, policy requires that as few impediments as possible should exist to the free operation of the public will. Let us, then, endeavor so to amend our system, that the office of Chief Magistrate may not be conferred upon any citizen but in pursuance of a fair expression of the will of the majority. I would, therefore, recommend such an amendment of the Constitution as may remove all intermediate agency in the elec- tion of President and Vice President. The mode may be so regulated as to preserve to each State its present relative weight in the election ; and a failure in the first attempt may be ANDREW JACKSON. 427 provided for, by confining the second to a choice between the two highest candidates. In connection with such an amendment, it would seem advisable to limit the service of the Chief Mag- istrate to a single term, of either four or six years. If, how- ever, it should not be adopted, it is worthy of consideration whether a provision disqualifying for office the representatives in Congress on whom such an election may have devolved, would not be proper. While members of Congress can be Constitutionally appointed to offices of trust and profit, it will be the practice, even under the most conscientious adherence to duty, to select them for such stations as they are believed to be better qualified to fill than other citizens ; but the purity of our Government would, doubtless, be promoted by their exclusion from all appointments in the gift of the President, in whose election they may have been officially concerned. The nature of the judicial office, and the necessity of securing in the Cabinet and in diplomatic stations of the highest rank, the best talents and political experience should, perhaps, except these from the exclusion. There are, perhaps, few men who can for any great length of time enjoy office and power, without being more or less under the influence of feelings unfavorable to a faithful discharge of their public duties. Their integrity may be proof against improper considerations immediately addressed to themselves ; but they are apt to acquire a babit of looking with indifference upon the public interests, and of tolerating conduct from which an unpracticed man would revolt. Office is considered as a species of property; and government rather as a means of promoting individual inter- ests than as an instrument created solely for the service of the people. Corruption in some, and, in others, a perversion of cor- rect feelings and principles, divert government from its legitimate ends, and make it an engine for the support of the few at the expense of the many. The duties of all public officers are, or at least admit of being made, so plain and simple that men of intelligence may readily qualify themselves for the'ir performance ; and I can not but believe that more is lost by the long con- tinuance of men in office than is generally to be gained by their experience. I submit, therefore, to your consideration, whether the efficiency of the Government would not be promoted, and official industry and integrity better secured, by a general exten- sion of the law which limits appointments to four years. 428 LIFE AND TIMES OF In a country where offices are created solely for the benefit of the people, no one man has any more intrinsic right to official station than another. Offices were not established to give sup- port to particular men at the public expense. No individual wrong is, therefore, done by removal, since neither appointment to, nor continuance in office, is matter of right. The incumbent became an officer with a view to public benefits, and, when these require his removal, they are not to be sacrificed to private inter- ests. It is the people, and they alone, who have a right to com- plain when a bad officer is substituted for a good one. He who is removed has the same means of obtaining a living that are enjoyed by the millions who never held office. The proposed limitation would destroy the idea of property, now so generally connected with official station ; and, although individual distress may be sometimes produced, it would, by promoting that rotation which constitutes a leading principle in the republican creed, give healthful action to the system. No very considerable change has occurred, during the recess of Congress, in the condition of either our agriculture, com- merce, or manufactures. The operation of the tarifi" has not proved so injurious to the two former, or as beneficial to the latter, as was anticipated. Importations of foreign goods have not been sensibly diminished, while domestic competition, under an illusive excitement, has increased the production much be- yond the demand for home consumption. The consequences have been low prices, temporaiy embarrassment, and partial loss. That such of our manufacturing establishments as are based upon capital, and are prudently managed, will survive the shock, and be ultimately profitable, there is no good reason to doubt. To regulate its conduct, so as to promote equally the pros- perity of these three cardinal interests, is one of the most dif- ficult tasks of government; and it may be regretted that the complicated restrictions which now embarrass the intercourse of nations could not, by common consent, be abolished, and com- merce allowed 'to flow in those channels to which individual enter- prise, always its surest guide, might direct it. But we must ever expect selfish legislation in other nations ; and are, therefore, compelled to a(laj)t our own to their regulations, in the manner best calculated to avoid serious injury, and to harmonize the con- flicting interests of our agriculture, our commerce, and our manufactures. Under these impressions, I invite your attention ANDREW JACKSON. 429 to the existing tariff, believing that some of its provisions require modification. The general rule to be applied in graduating the duties upon articles of foreign growth or manufacture, is that which will place our own in fair competition with those of other countries; and the inducements to advance even a step beyond this point, are con- trolling in regard to those articles which are of primary neces- sity in time of war. When we reflect upon the difficulty and delicacy of this operation, it is important that it should never be attempted but with the utmost caution. Frequent legislation in regard to any branch of industry, aflfecting its value, and by which its capital may be transferred to new channels, must always be productive of hazardous speculation and loss. In deliberating, therefore, on these interesting subjects, local feelings and prejudices should be merged in the patriotic determi- nation to promote the great interests of the whole. All attempts to connect them with the party conflicts of the day are necessa- rily injurious, and should be discountenanced. Our action upon them should be under the control of higher and purer motives. Legislation, subjected to such influence, can never be just, and will not long retain the sanction of a people whose active patriot- ism is not bounded by sectional limits, nor insensible to that spirit of concession and forbearance, which gave lifie to our political compact, and still sustains it. Discarding all calculations of po- litical ascendancy, the North, the South, the East, and the West should unite in diminishing any burthen of which either may justly complain. The agricultural interests of our country are so essentially connected with every other, and so superior in importance to them all, that it is scarcely necessary to invite to it your par- ticular attention. It is principally as manufactures and com- merce tend to increase the value of agricultural productions, and to extend their application to the wants and comforts of society, that they deserve the fostering care of Government. Looking forward to the period, not far distant, when a sinking fund will no longer be required, the duties on those articles of importation which can not come in competition with our own productions, are the first that should engage the attention of Con- gress in the modification of the tariff. Of these, tea and coffee are the most prominent ; they enter largely into the consumption of the country, and have become articles of necessity to all 430 LIFE AND TIMES OF classes. A reduction, therefore, of the existing duties will be felt as a common benefit ; but, like all other legislation connected with commerce, to be efficacious, and not injurious, it should be gradual and certain. The public prosperity is evinced in the increased revenue arising from the sales of the public lands ; and in the steady maintenance of that produced by imposts and tonnage, notwith- standing the additi(>ual duties impqged by the act of 19th May, 1828, and the unusual importations in the early part of that year. The balance in the Treasury, on the 1st of January, 1829, was five millions nine hundred and seventy-two thousand four hundred and thirty-five dollars and eighty-one cents. The receipts of the current year are estimated at twenty-four millions six hun- dred and two thousand two hundred and thirty dollars, and the expenditures, for the same time, at twenty-six millions one hun- dred and sixty-four thousand five hundred and ninety-five dol- lars; leaving a balance in the Treasury, on the 1st of January next, of four millions four hundred and ten thousand and seventy dollars and eighty-one cents. There will have been paid, on account of the public debt, during the present year, the sum of twelve millions four hundred and five thousand and five dollars and eighty cents ; reducing the whole debt of the Government, on the 1st of January next, to forty-eight millions five hundred and sixty-five thousand four hundred and six dollars and fifty cents, including seven millions of five per cent stock subscribed to the Bank of the United States. The payment on account of the public debt, made on the 1st of July last, was eight millions seven hundred and fifteen thousand four hundred and sixty-two dollars and eighty-seven cents. It was apprehended that the sudden withdrawal of so large a sum from the banks in which it was deposited, at a time of unusual pressure in the money market, might cause much injury to the interests dependent on bank accommodations. But this evil was wholly averted by an early anticipation of it at the Treasury, aided by the judicious arrangements of the officers of the Bank of the United States. This state of the finances exhibits the resources of the Nation in an aspect highly flattering to its industry; and auspicious of the ability of Government, in a very sliort time, to extinguish the public debt. When this shall be done, our population will be relieved from a considerable portion of its present burthens; and ANDREW JACKSON. 431 will find, not only new motives to pati'iotic affection, but addi- tional means for the display of individual enterprise. The fiscal power of the States will also be increased ; and may be more exten- sively exerted in favor of education and other public objects ; while ample means will remain in the Federal Government to promote the general weal, in all the modes permitted to its authority. After the extinction of the public debt, it is not probable that any adjustment of the tariff, upon principles satisfactory to the people of the Union, will, until a remote period, if ever, leave the Government without a considerable surplus in the Treasury, beyond what may be required for its current service. As, then, the period approaches when the application of the rev- enue to the payment of debt will cease, the disposition of the surplus will present a subject for the serious deliberation of Con- gress; and it may be fortunate for the country that it is yet to be decided. Considered in connection with the difficulties which have heretofore attended appropriations for purposes of internal improvement ; and with those which this experience tells us will certainly arise, whenever power over such subjects may be exer- cised by the General Government ; it is hoped that it may lead to the adoption of some plan which will reconcile the diversified interests of the States, and strengthen the bonds which unite them. Every member of the Union, in peace and in war, will be benefited by the improvement of inland navigation and the construction of highways in the several States. Let us, then, endeavor to attain this benefit in a mode which will be satisfac- tory to all. That hitherto adopted has, by many of our fellow- citizens, been deprecated as an infraction of the Constitution; while by others it has been viewed as inexpedient. All feel that it has been employed at the expense of harmony in the legisla- tive councils. To avoid these evils, it appears to me that the most safe, just, and federal disposition which could be made of the surplus rev- enue, would be its apportionment among the several States ac- cording to their ratio of representation ; and should this measure not be found warranted by the Constitution, that it would be expedient to propose to the States an amendment authorizing it. I regard an appeal to the source of power, in cases of real doubt, and where its exercise is deemed indispensable to the general welfare, as among the most sacred of all our obligations. Upon this country, more than any other, has, in the providence of 432 LIFE AND TIMES OF God, been cast the special guardianship of the great principle of adherence to written constitutions. If it fail here, all hope in regard to it will be extinguished. That this was intended to be a Government of limited and specific, aud not general powers, must be admitted by all ; and it is our duty to preserve for it the character intended by its framers. If experience points out the necessity for an enlargement of these powers, let us apply for it to those for whose benefit it is to be exercised ; and not under- mine the whole system by a resort to overstrained constructions. The scheme has worked well. It has exceeded the hopes of those who devised it, and become an object of admiration to the world. We are responsible for our country, and to the glorious cause of self-government, for the preservation of so great a good. The great mass of legislation relating to our internal affairs was in- tended to be left Avhere the federal convention found it, in the State governments. Nothing is clearer, in my view, than that we are chiefly indebted for the success of the Constitution under which we are now acting, to the watchful and auxiliary operation of the State authorities. This is not the reflection of a day, but belongs to the most deeply rooted convictions of my mind. I can not, therefore, too strongly or too earnestly, for my own sense of its importance, warn you against all encroachments upon the legitimate sphere of State sovereignty. Sustained by its health- ful and invigorating influence, the federal system can never fall. In the collection of the revenue, the long credits authorized on goods imported from beyond the Cape of Good Hope are the chief cause of the losses at present sustained. If these were shortened to six, nine, and twelve months, and warehouses pro- vided by Government, sufficient to receive the goods oflfered in deposit for security and for debenture; and if the right of the United States to a priority of payment out of the estates of its insolvent debtors were more efl^ectually secured, this evil would, in a great measure, be obviated. An authority to construct such houses is, therefore, with the proposed alteration of the credits, recommended to your attention. It is worthy of notice, that the laws for the collection and security of the revenue arising from imposts, were chiefly framed when the rates of duties on imported goods presented much less temptation for illicit trade than at present exists. There is rea- son to believe that these laws are, in some respects, quite insuffi- cient for the proper security of the revenue, and the protection ANDREW JACKSON. 433 of the interests of those who are disposed to observe them. The injurious and demoralizing tendency of a successful system of smuggling is so obvious as not to require comment, and can not be too carefully guarded against. I therefore suggest to Con- gress the propriety of adopting efficient measures to prevent this evil, avoiding, however, as much as possible, every unnecessary infringement of individual liberty, and embarrassment of fair and lawful business. On an examination of the rceords of the Treasury, I have been forcibly struck with the large amount of public money which appears to be outstanding. Of the sum thus due from individuals to the Government, a considerable portion is un- doubtedly desperate ; and, in many instances, has probably been rendered so by remissness in the agents charged with its collection. By proper exertions, a great part, however, may yet be recov- ered ; and, whatever may be the portions respectively belonging to these two classes, it behooves the Government to ascertain the real state of the fact. This can be done only by the prompt adoption of judicious measures for the collection of such as may be made available. It is believed that a very large amount has been lost through the inadequacy of the means provided for the collection of debts due to the public ; and that this inadequacy lies chiefly in the want of legal skill, habitually and constantly employed in the direction of the agents engaged in the service. It must, I think, be admitted, that the supervisory power over suits brought by the public, which is now vested in an account- ing officer of the Treasury, not selected with a view to his legal knowledge, and encumbered as he is with numerous other duties, operates unfavorably to the public interest. It is important that this branch of the public service should be subjected to the supervision of such professional skill as will give it efficiency. The expense attendant upon such a modification of the Executive Department, would be justified by the soundest principles of economy. I would recommend, therefore, that the duties now assigned to the agent of the Treasury, so far as they relate to the superintendence and management of legal proceed- ings on the part of the United States, be transferred to the Attorney-General; and that this officer be placed on the same footing, in all respects, as the heads of the other departments, re- ceiving like compensation, and having such subordinate officers provided for his department, as may be requisite for the discharge 28— G 434 LIFE AND TIMES OF of these additional duties. The professional skill of the Attorney- General, employed in directing the conduct of marshals and dis- trict attorneys, would hasten the collection of debts now in suit, and hereafter save much to the Government. It might be fur- ther extended to the superintendence of all criminal proceedings for offenses against the United States. In making this transfer, great care should be taken, however, that the power necessary to the Treasury Department be not impaired ; one of its greatest securities consisting in a control over all accounts, until they are audited or reported for suit. In connection with the foregoing views, I would suggest, also, an inquiry, whether the provisions of the act of Congress, authorizing the discharge of the persons of debtors to the Gov- ernment from imprisonment, may not, consistently with the public interest, be extended to the release of the debt, where the conduct of the debtor is wholly exempt from the imputation of fraud. Some more liberal policy than that which now prevails, in reference to this unfortunate class of citizens, is certainly due to them, and would prove beneficial to the country. The con- tinuance of the liability, after the means to discharge it have been exhausted, can only serve to dispirit the debtor; or, where his resources are but partial, the want of power in the Govern- ment to compromise and release the demand, instigates to fraud, as the only resource for securing a support to his family. He thus sinks into a state of apathy, and becomes a useless drone in society, or a vicious member of it, if not a feeling witness of the rigor and inhumanity of his country. All experience proves that oppressive debt is the bane of enterprise ; and it should be the care of a republic not to exert a grinding power over mis- fortune and poverty. Since the last session of Congress, numerous frauds on the Treasury have been discovered, which I thought it my duty to bring under the cognizance of the United States Court for this district, by a criminal prosecution. It was my opinion, and that of able counsel who were consulted, that the cases came within the penalties of the act of the Seventeenth Congress, approved 3d March, 1823, providing for the punishment of frauds committed on the Government of the United States. Either from some defect in the law, or in its administration, every effort to bring the accused to trial, under its provisions, proved ineffectual ; and the Government was driven to the necessity of resorting to the ANDREW JACKSON. 435 vague and inadequate provisions of the common law. It is therefore my duty to call your attention to the laws which have been passed for the protection of the Treasury. If, indeed, there be no provision by which those who may be unworthily intrusted with its guardianship can be punished for the most flagrant violation of duty, extending even to the most fraudulent appropriation of the public funds to their own use, it is time to remedy so dangerous an omission. Or, if the law has been per- verted from its original purposes, and criminals, deserving to be punished under its provisions,, have been rescued by legal subtle- ties, it ought to be made so plain, by amendatory provisions, as to baffle the arts of perversion, and accomplish the ends of its original enactment. In one of the most flagrant cases, the court decided that the prosecution was barred by the statute which limits prosecution for fraud to two years. In this case all the evidences of the fraud, and indeed all knowledge that a fraud had been committed, were in possession of the party accused, until after the two years had elapsed. Surely the statute ought not to run in favor of any man while he retains all the evidences of his crime in his own possession; and, least of all, in favor of a public officer who con- tinues to defraud the Treasury, and conceal the transaction for the brief term of two years. I would, therefore, recom- mend such an alteration of the law as will give the injured party and the Government two years after the disclosure of the fraud, or after the accused is out of office, to commence their prosecution. In connection with this subject, I invite the attention of Con- gress to a general and minute inquiry into the condition of the Government, with a view to ascertain what offices can be dis- pensed with, what expenses retrenched, and what improvements may be made in the organization of its various parts, to secure the proper responsibility of public agents, and promote efficiency and justice in all its operations. The report of the Secretary of War will make you acquainted with the condition of our army, fortifications, arsenals, and Indian affiiirs. The proper discipline of the army, the training and equipment of the militia, the education bestowed at West Point, and the accumulation of the means of defense, applicable to the naval force, will tend to prolong the peace we now enjoy, and which every good citizen — more especially those who have felt the 436 LIFE AND TIMES OF miseries of even a successful warfare — must ardently desire to perpetuate. The returns from the subordinate branches of this service ex- hibit a regularity and order highly creditable to its character ; both officers and soldiers seem imbued with a proper sense of duty, and conform to the restraints of exact discipline, with that cheerful- ness which becomes the profession of arms. There is need, how- ever, of further legislation, to obviate the inconveniences specified in the report under consideration, to some of which it is proper that I should call your particular attention. The act of Congress of the 2d March, 1821, to reduce and fix the military establishment, remaining unexecuted as it regards the command of one of the regiments of artillery, can not now be deemed a guide to the Executive in making the proper appoint- ment. An explanatory act, designating the class of officers out of which this grade is to be filled — ^whether from the military list as existing prior to the act of 1821, or from it as it has been fixed by that act — would remove this difficulty. It is also important that the laws regulating the pay and emoluments of officers gener- ally, should be more specific than they now are. Those, for ex- ample, in relation to the paymaster and surgeon-general, assign to them an annual salary of two thousand five hundred dollars, but are silent as to allowances, which, in certain exigencies of the service, may be deemed indispensable to the discharge of their duties. This circumstance has been th*e authority for extending to them various allowances, at different times, under former Ad- ministrations ; but no uniform rule has been observed on the sub- ject. Similar inconveniences exist in other cases, in which the construction put upon the laws by the public accountants may operate unequally, produce confusion, and expose officers to the odium of claiming what is not their due. I recommend to your fostering care, as one of your safest means of national defense, the military academy. This institu- tion has already exercised the happiest influence upon the moral and intellectual character of our army ; and such of the graduates as, from various causes, may not pursue the profession of arms, will be scarcely less useful as citizens. Their knowledge of the military art will be advantageously employed in the militia serv- ice ; and, in a measure, secure to that class of troops the advan- tages which, in this respect, belong to standing armies. I would also suggest a review of the pension law, for the ANDREW JACKSON. 437 purpose of extending its benefits to every Revolutionary soldier who aided in establishing our liberties, and who is unable to maintain himself in comfort. These relics of the War of Independence have strong claims upon their country's gratitude and bounty. The law is defective, in not embracing within its provisions all those who were, during the last war, disabled from supporting themselves by manual labor. Such an amendment would add but little to the amount of pensions, and is called for by the sym- pathies of the people, as well as by considerations of sound policy. It will be perceived that a large addition to the list of pensioners has been occasioned by an order of the late Administration, de- parting materially from the rules which had previously prevailed. Considering it an act of legislation, I suspended its operation as soon as I was informed that it had commenced. Before this period, however, applications under the new i-egulation had been preferred, to the number of one hundred and fifty-four, of which, on the 27th March, the date of its revocation, eighty-seven were admitted. For the amount, there was neither estimate nor appropriation ; and besides this deficiency, the regular allowances, according to the rules which have heretofore governed the department, exceed the estimate of its late secretary by about fifty thousand dollars, for which an appropriation is asked. Your particular attention is requested to that part of the re- port of the Secretary of War which relates to the money held in trust for the Seneca tribe of Indians. It will be perceived that, without legislative aid, the Executive can not obviate the embarrassments occasioned by the diminution of the dividends on that fund, which originally amounted to one hundred thousand dollars, and has recently been vested in United States three per cent stock. The condition and ulterior destiny of the Indian tribes within the limits of some of our States, have become objects of much in- terest and importance. It has long been the policy of Govern- ment to introduce among them the arts of civilization, in the hope of gradually reclaiming them from a wandering life. This policy has, however, been coupled with another, wholly incompatible with its success. Professing a desire to civilize and settle them, we have, at the same time, lost no opportunity to purchase their lauds, and thrust them further into the wilderness. By this means they have not only been kept in a wandering state, but been led to look upon us as unjust and indifferent to their fate. 438 LIFE AND TIMES OF • Thus, though lavish in its expenditures upon the subject, Gov- ernment has constantly defeated its own policy ; and the Indians in general, receding further and further to the west, have retained their savage habits. A portion, however, of the southern tribes, having mingled much with the whites, and made some progress in the arts of civilized life, have lately attenipted to erect an in- dependent government within the limits of Georgia and Alabama. These States, claiming to be the only sovereigus within their ter- ritories, extended their laws over the Indians, which induced the latter to call upon the United States for protection. Under these circumstances, the question presented was, whether the General Government had a right to sustain those people in their pretensions? The Constitution declares that "no new State shall.be formed or erected within the jurisdiction of any other State," without the consent of its Legislature. If the General Government is not permitted to tolerate the erection of a confed- erate State within the territory of one of the members of this Union, against her consent, much less could it allow a foreign and independent government to establish itself there. Georgia became a member of the Confederacy which eventuated in our Federal Union, as a sovereign State, always asserting her claim to certain limits, which having been originally defined in her Colonial charter, and subsequently recognized in the treaty of peace, she has ever since continued to enjoy ,^ except as they have been circumscribed by her own voluntary transfer of a portion of her territory to the United States, in the articles of cession of 1802. Alabama was admitted into the Union, on the same foot- ing with the original States, with boundaries which were prescribed by Congress. There is no Constitutional, conventional, or legal provision, which allows them less power over the Indians within their borders, than is possessed by Maine or New York. Would the people of Maine permit the Penobscot tribe to erect an inde- pendent government within their State? and unless they did, would it not be the duty of the General Government to support them in resisting such a measure ? Would the people of New York permit each remnant of the Six Nations within her borders to declare itself an independent people under the protection of the United States ? Could the Indians establish a separate repub- lic on each of their reservations in Ohio? and if they were so dis- posed, would it be the duty of this Government to protect them in the attempt? If the principle involved in the obvious answer ANDREW JACKSON. 439 to these questions be abandoned, it will follow that the objects of this Government are reversed ; and that it has become a part of its duty to aid in destroying the States which it was established to protect. Actuated by this view of the subject, I informed the Indians inhabiting parts of Georgia and Alabama, that their attempt to establish au independent government would not be countenanced by the Executive of the United States, and advised them to emi- grate beyond the Mississippi, or submit to the laws of those States. Our conduct towards these people is deeply interesting to our national character. Their present condition, contrasted with what they once were, makes a most powerful appeal to our sympathies. Our ancestors found them the uncontrolled possessors of these vast regions. By persuasion and force, they have been made to retire from river to river, and from mountain to mountain, until some of the tribes have become extinct, and others have left but remnants to preserve, for a while, their once terrible names. Sur- rounded by the whites, with their arts of civilization, which, by destroying the resources of the savage, doom him to weakness and decay, the fate of the Mohegan, the Narragansett, and the Delaware is fast overtaking the Choctaw, the Cherokee, and the Creek. That this fate surely awaits them, if they remain within the limits of the States, does not admit of a doubt. Humanity and national honor demand that every effort should be made to avert so great a calamity. It is too late to inquire whether it was just in the United States to include them and their territory within the bounds of new States whose limits they could control. That step can not be retraced. A State can not be dismembered by Congress, or restricted in the exercise of her Constitutional power. But the people of those States, and of every State, actu- ated by feelings of justice and regard for our national honor, sub- mit to you the interesting question, whether something can not be done, consistently with the rights of the States, to preserve this much injured race? As a means of effecting this end, I suggest for your considera- tion the propriety of setting apart an ample district west of the Mississippi, and without the limits of any State or Territory, now formed, to be guaranteed to the Indian tribes, as long as they shall occupy it ; each tribe having a distinct control over the por- tion designated for its use. There they may be secured in the en- joyment of governments of their own choice, subject to no other 440 LIFE AND TIMES OF control from the United States than such as may be necessary to preserve peace on the frontier, and between the several tribes. There the benevolent may endeavor to teach them the arts of civ- ilization ; and by promoting union and harmony among them, to raise up an interesting commonwealth, destined to perpetuate the race, and to attest the humanity and justice of this Government. This emigration should be voluntary ; for it would be as cruel as uujust to compel the aborigines to abandon the graves of their fathers, and seek a home in a distant land. But they should be distinctly informed, that if they remain within the limits of the States, they must be subject to their laws. In return for their obedience, as individuals, they will, without doubt, be protected in the enjoyment of those possessions which they have improved by their industry. But it seems to me visionary to suppose, that, in this state of things, claims can be allowed on tracts of country on which they have neither dwelt nor made improvements, merely because they have, seen them from the mountain, or passed them in the chase. Submitting to the laws of the States, and receiving, like other citizens, protection in their persons and property, they will, erelong, become merged in the mass of our population. The accompanying report of the Secretary of the Navy will make you acquainted with the condition and useful employment of that branch of our service, during the present year. Consti- tuting, as it does, the best standing security of this country against foreign aggression, it claims the especial attention of Government. In this spirit, the measures which, since the termination of the last war, have been in operation for its gradual enlargement, were adopted ; and it should continue to be cherished as the offspring of our national experience. It will be seen, however, that, not- withstanding the great solicitude which has been manifested for the perfect organization of this arm, and the liberality of the ap- propriations which that solicitude has suggested, this object has, in many important respects not been secured. In time of peace, we have need of no more ships of war than are requisite to the protection of our commerce. Those not wanted for this object must lie in the harbors, where, witliout proper covering, they rapidly decay ; and even under the best precautions for their preservation, must soon become useless. Such is already the case with many of our finest vessels ; which, though unfinished, will now require immense sums of money to be restored to the condition in which they were when com- ANDREW JACKSON. 441 mitted to their proper element. On this subject there can be but little doubt that our best policy would be to discontinue the build- ing of ships of the first and second class, and look rather to the possession of ample materials, prepared for the emergencies of war, than to the number of vessels wliich we cau float in a season of peace, as the Index of our naval power Judicious deposits in navy-yards of timber and other materials, fashioned under the hands of skillful workmen, and fitted for prompt application to their various purposes, would enable us, at all times, to construct vessels as fast as they cau be manned ; and save the heavy ex- pense of repairs, except to such vessels as must be employed in guarding our commerce. The proper points for the establishment of these yards, are indicated with so much force in the report of the navy board, that, in recommending it to your attention, I deem it unnecessary to do more than express my hearty concur- rence in their views. The yard in this district, being already furnished with most of the machinery necessary for ship-building, will be competent to the supply of the two selected by the board as the best for the concentration of materials; and, from the facility and certainty of communication between them, it will be useless to incur, at these depots, the expense of similar machin- ery, especially that used in preparing the usual metallic and wooden furniture of vessels. Another improvement would be effected by dispensing alto- gether with the navy board, as now constituted, and substituting, in its stead, bureaus similar to those already existing in the War Department. Each member of the board, transferred to the head of a separate bureau, charged with specific duties, would feel, in its highest degree, that wholesome responsibility which can not be divided without a far more than proportionate dimi- nution of its force. Their valuable services would become still more so, when separately appropriated to distinct portions of the great interests of the navy ; to the prosperity of which each would be impelled to devote himself by the strongest motives. Under such an arrangement, every branch of this important service would assume a more simple and precise character; its efficiency would be increased, and scrupulous economy in the ex- penditure of public money promoted. I would also recommend that the marine corps be merged in the artillery or infantry, as the best mode of curing the many defects in its organization. But little exceeding in number any 442 LIFE AND TIMES OF of the regiments of infantry, that corps has, besides its lieutenant- colonel commandant, five brevet lieutenant-colonels, who receive the full pay and emoluments of their brevet rank, without ren- dering proportionate service. Details for marine service could as well be made from the infantry, or artillery — there being no peculiar training requisite for it. • With these improvements, and such others as zealous watch- fulness and mature consideration may suggest, there can be little doubt that, under an energetic administration of its affairs, the navy may soon be made everything that the Nation wishes it to be. Its efficiency in the suppression of piracy in the West India seas, and wherever its squadrons have been employed in securing the interests of the country, will appear from the report of the Secretary, to which I refer you for other intei'esting details. Among these, I would bespeak the attention of Congress for the views presented in relation to the inequality between the army and navy as to the pay of officers. No such inequality should prevail between these brave defenders of their country ; and where it does exist, it is submitted to Congress whether it ought not to be rectified. The report of the Postmaster-General is referred to as exhib- iting a highly satisfactory administration of that Department. Abuses have been reformed ; increased expedition in the trans- mission of the mail secured ; and its revenue much improved. In a political point of view, this Department is chiefly important as affording the means of diff*using knowledge. It is to the body politic what the veins and arteries are to the natural — conveying rapidly and regularly, to the remotest parts of the system, correct information of the operations of the Government, and bringing back to it the wishes and feelings of the people. Through its agency, we have secured to ourselves the full enjoyment of the blessings of a free press. In this general survey of our affairs, a subject of high impor- tance presents itself in the present organization of the judiciary. A uniform operation of the Federal Government in the different States is certainly desirable ; and, existing as they do in the Union on the basis of perfect equality, each State has a right to expect that the benefits conferred on the citizens of others should be extended to hers. The judicial system of the United States exists in all its efficiency in only fifteen members of the Union ; to three others, the circuit courts, which constitute an important ANDREW JACKSON. 443 part of that system, have been imperfectly extended ; and to the remaining six, altogether denied. The effect has been to with- hold from the inhabitants of the latter the advantages afforded (by the Supreme Court) to their fellow-citizens iu other States, in the whole extent of the criminal, and much of the civil authority of the federal judiciary. That this state of things ought to be remedied, if it can be done consistently with the public welfare, is not to be doubted ; neither is it to be disguised that the organization of our judicial system is at once a difficult and delicate task. To extend the circuit courts equally through- out the different parts of the Union, and, at the same time, to avoid such a multiplication of members as would encumber the supreme appellate tribunal, is the object desired. Perhaps it might be accomplished by dividing the circuit judges into two classes, and providing that the Supreme Court should be held by those classes alternately, the chief justice always presiding. If an extension of the circuit court system to those States which do not now enjoy its benefits, should be determined upon, it would, of course, be necessary to revise the present arrange- ment of the circuits ; and even if that system should not be en- larged, such a revision is recommended. A provision for taking the census of the people of the United States will, to insure the completion of that work within a con- venient time, claim the early attention of Congress. The great and constant increase of business in the Depart- ment of State, forced itself, at an early period, upon the attention of the Executive. Thirteen years ago, it was, in Mr. Madison's last message to Congress, made the subject of an earnest recom- mendation, which has been repeated by both of his successors ; and my comparatively limited experience has satisfied me of its justness. It has arisen from many causes, not the least of which is the large addition that has been made to the family of inde- pendent nations, and the proportionate extension of our foreign relations. The remedy proposed was the establishment of a home department— a measure which does not appear to have met the views of Congress, on account of its supposed tendency to increase gradually, and imperceptibly, the already too strong bias of the federal system towards the exercise of authority not delegated to it. I am not, therefore, disposed to revive the recommendation ; but am not the less impressed with the importance of so organ- izing that department, that its secretary may devote more of its 444 LIFE AND TIMES OF time to our foreign relations. Clearly satisfied that the public good would be promoted by some suitable provision on the subject, I respectfully invite your attention to it. The charter of the Bank of the United States expires in 1836, and its stockholders will ftiost probably apply for a renewal of their privileges. In order to avoid the evils resulting from pre- cipitancy in a measure involving such important principles, and such deep pecuniary interests, I feel that I can not, in justice to the parties interested, too soon present it to the deliberate con- sideration of the Legislature and the people. Both the Constitu- tionality and the expediency of the law creating this bank, are well questioned by a large portion of our fellow-citizens ; and it must be admitted by all, that it has failed in the great end of establishing a uniform and sound currency. Under these circumstances, if such an institution is deemed essential to the fiscal operations of the Government, I submit to the wisdom of the Legislature, whether a national one, founded upon the credit of the Government and its revenues, might not be devised, which would avoid all Constitutional difiiculties, and at the same time secure all the advantages to the Government and country that were expected to result from the present bank. I can not close this communication without bringing to your view the just claim of the representatives of Commodore Decatur, his ofl[icers and crew, arising from the re-capture of the frigate Philadelphia, under the heavy batteries of Tripoli. Although sensible, as a general rule, of the impropriety of executive inter- ference under a Government like ours, where every individual enjoys the right of directly petitioning Congress ; yet, viewing this case as one of a very peculiar character, I deem it my duty to recommend it to your favorable consideration. Besides the justice of this claim, as corresponding to those which have been since recognized and satisfied, it is the fruit of a deed of patriotic and chivalrous daring, which infused life and confidence into our infant navy, and contributed, as much as any exploit in its his- tory, to elevate our national character. Public gratitude, there- fore, stamps her seal upon it ; and the meed should not be with- held which may hereafter operate as a stimulus to our gallant tars. I now commend you, fellow-citizens, to the guidance of Al- mighty God, with a full reliance on His merciful providence for the maintenance of our free institutions; and with an earnest supplication, that, whatever errors it may be my lot to commit, ANDREW JACKSON. 445 in discharging the arduous duties which have devolved on me, will find a remedy in the harmony and wisdom of your counsels. Andrew Jackson. This important but enormously long message fore- shadowed the course which the new President meant to pursue. Before long it became entirely apparent, and well understood, that when General Jackson sug- gested or intimated to Congress anything for its con- sideration, it had already been carried into execution in his mind, and its fulfillment was only a question of time. Much space is consumed in this message in ar- guments supporting the work he had already done, a procedure which attached to almost every step in General Jackson's career from childhood to the grave. His defense of his system of removals is sharp and decisive, however doubtful the character of the argu- ment. Even the ethical standard which the argument rears may well be questioned. This world was then, and is now, full of honest men, honest this year, next year, honest forever, under every circumstance, under every temptation. As it was in this message, so it has been always, to make news and traffic of the real or supposed evil deeds and disposition of men rather than of their good ones. But that honesty is the rule, not the exception, among men and women throughout the Nation, and always has been, in public place and out of it, need not be matter of doubt. The contrary view is neither just, wise, nor manly. To the one, bruited about as having gone astray, ninety-nine re- main unsinged, both among the tried and the untried. Who would not to-day hurl back with scorn the charge : " There are, perhaps, few men who can, for any great length of time, enjoy office and power, with- 446 LIFE AND TIMES OF out being more or less under the influence of feelings unfavorable to a faithful discharge of their public duties ?" This announcement was contrary to the ex- perience of the past. Heresies and sophistries are like weeds. Men strive to believe what they may find it convenient and desirable to tolerate or regard as true. Great ingenuity has been put forth even in the effort to prove that black is white, that evil and .good are relative and interchangeable terms, and that the most ill-begotten, ill-formed, and most indifferent or worst-behaved, will, in the end, share equally in the blessings of being. " Well done, thou good and faith- ful servant," can have no merit with these sophists. "Be not deceived; God is not mocked; whatsoever a man soweth, that shall he also reap." The message struck at Mr. Clay when it said, " May he not be tempted to name his reward ?" It was General Jackson's way to strike when he could, and the Nation must share his quarrels, and expe- rience the evils of his personal hatreds. First his in- augural address, and now his first message to Con- gress, exhibit the same evil and un-President-like spirit. It was the conduct of a fierce, relentless, un- tamed, iron will, of which the country had now to learn. The charge of fraud in the Administration of a predecessor is here for the first time found in an executive message. How far such a charge was jus- tifiable against the pure Administration of Mr. Adams may be seen in the next preceding volume of this work. The one term of the Presidency to which General Jackson had committed himself before his election, is here reiterated. But how long was this whim to stand ? ANDREW JACKSON. 447 On the appointment of Congressmen to office, against which he had also committed himself, he now expressed greatly modified and apologetic views. He had already departed from his prematurely announced faith. In this message the strange, unstatesman-like, but generous political idea is put forth of distributing surplus revenue among the States. And here for the first time it is officially and authoTitatively said of the Bank of the United States, that "it must be admitted by all, that it has failed, in the great end of estab- lishing a uniform and sound currency." This was the first thrust at the leviathan, which, according to some, this giant had fully determined to kill, even before he left Nashville. However, this and other opinions expressed concerning the Bank were not admitted by the majority of that Jacksonian Con- gress. But this was the first assault, only meant to be a mere feint. Gne of Jackson's biographers thus writes of the message before Congress : — "Many of the recommendations contained in this message were considered immediately ; but in some instances the views of the President were not concurred in. Committees on retrench- ment and reform made reports agreeably to the wishes of the President, but they were coldly received in both Houses, and little action was taken on them during the session. The recom- mendations of amendments to the Constitution were passed over as unimportant, and neglected. The recommendation on the sub- ject of a revision of the tariff met with better treatment, and several bills were introduced to diminish or repeal the duties on various articles of general consumption. " On the subject of a renewal of the charter of the Bank of the United States, the standing committees of the Senate and the House, to which it was retierred, made reports diametrically opposite to the recommendation of the President. The friends 448 LIFE AND TIMES OF of the Administration formed a majority in both committees, and the marked difference in the opinions entertained by them from that expressed in the President's message, afforded a strik- ing proof, that Jackson was already far in advance of the party which had brought him into power, as the measures which he recommended at that time have been nearly all subsequently car- ried into effect." The conduct of the Senate greatly excited and enraged the General. He was in a new school. He had not been used to have his opinions and desires thwarted. "Who says pshaw to me?" was his prin- ciple now as well as at any other moment of his life. A little time and patience, on the part of the reader, will show that the results reached, although delayed more than in former days where the " iron will " was concerned, were about the same. The " United States Telegraph," a Washington newspaper, very friendly to the interests of Mr. Calhoun, while its editor, Mr. Duff Green, was still on confidential terms with Gen- eral Jackson, gave this fine dialogue, as the substance of an interview on the conduct of the Senate : — "President. — I have sent for you that we may converse on the subject of my nominations before the Senate. It is time that you should let the people know that, instead of supporting me and my measures. Congress is engaged in President making. " Ed{t(n\ — I trust that you know that I would not hesitate to say so if I believed the public interest required it; but excuse me for saying that, before I can censure Congress for not supporting your measures, I should be possessed of the views of the Admin- istration, that I may be enabled to reply to those who ask to be informed what those measures are. "President (much excited). — Look at my message, sir; you will find them there; in the message, sir. " Editor. — Some of your best friends complain that your mes- sage is so general in its terms, that no special measure is recom- mended ; and I believe that the want of concert among your ANDREW JACKSON. 449 friends is attributed to the fact that there is no concert in your Cabinet. There being no Cabinet councils, there is no one who feels authorized to recommend any measure upon the authority of the Administration, because it is understood that no measures are considered and adopted as such. Your friends in Congress complain that you do not hold Cabinet councils. " The President (more excited). — Let Congress go home, and the people will teach them the consequence of neglecting my measures and opposing my nominations. How did you obtain your popularity, sir, as an editor? Was it not by opposing Con- gress? Speak out to the people, sir, and tell them that Congress are engaged in intrigues for the Presidency, instead of sup- porting my measures, and the people will support you as they have done. " Editor. — You complain that the Senate have not approved of your nominations. Will it not be unwise to anticipate the objections of that body ? Your nominations may yet be ap- proved; and if they should be rejected, there may be reasons which would justify the Senate. If I were to assail the Senate, it would be attributed to your influence, and thus array against you the body itself, and those who deem it essential to preserve its independence. I can not know what impediments lie in the way of your nominations, and can not condemn until my judg- ment disapproves. " President. — The people, sir, the people will put these things to rights, and teach them what it is to oppose my nominations !" General Jackson was unable to see that Congress was under no moral or Constitutional obligations to support his measures or sanction his nominations, apart from its sense of what was wise and best. Andrew Jackson, as President, was quite a different person from General Jackson, as commander of Tennessee militia. But this he was utterly unable to realize. Many of the President's appointments were not confirmed for some time, and some of them were re- jected entirely. One of the rejected appointments was that of Editor Isaac Hill, of the "New Hampshire Patriot." Hill had been made Second Comptroller of 29— G 450 LIFE AND TIMES OF the Treasury, and he was now sent home, greatly to the disgust of General Jackson. Hill had been of immense service in the Presidential campaign, and be- longed to the " northern horde " which rolled down upon the National Capital at the inauguration of the new Administration. Jackson had great confidence in Hill, and wanted him by his side. "The tariff of 1828 became a law during the excitement of the Presidential election, and in adjusting its details, more regard had been paid to the political effect of the law than to the per- manent interests of the country, or to the rules of political econ- omy. Hostility to the tariff had been manifested early in the session of 1829-30, by many of the friends of the Administration ; but an equally strong feeling of dissatisfaction with the existing law, on the ground of its inadequate protection to the woolen manufactures, had induced the friends of the policy to bring foi'- ward the subject with the view of obtaining a modification of the law more favorable to their interests, and to prevent the frauds which were alleged to be daily practiced on the revenue. " A bill was accordingly reported in'^he House of Represen- tatives, by Mr. Mallary, Chairman of the Committee on Manu- factures, on the 27th of January, 1830, to regulate the entry of importations of woolens. After much debate in both houses, it was passed, and being sanctioned by the President, became a law in May following. "Several unsuccessful attempts were made to engraft upon the above-mentioned bill amendments reducing the duties on various articles. It was finally concluded to attack the tariff in detail, and separate bills were introduced, providing for a reduc- tion of duties on salt and molasses, both of which were passed by considerable majorities. Another bill was passed, reducing the duties on tea and coffee. " The following laws, in addition to the foregoing, were the most important which were passed during this session : For the reappropriation of thirty thousand dollars for the suppression of the slave-trade, which had been appropriated two years before, but was not expended, and which was founded on an act of Con- gress of 1819 ; for repealing an act imposing tonnage duties on ANDREW JACKSON. 451 vessels of which the officers and two-thirds of the seamen were citizens of the United States ; for the more effectual collection of impost duties, appointing eight additional appraisers to examine goods imported, but no new regulations to prevent defaults in the officers of the customs ; for the appointment of an additional officer to be attached to the' Treasury Department, called the so- licitor of the Treasury ; for allowing a drawback on spirits ex- ported, distilled from molasses, which the existing laws did not permit ; for allowing a portion of. the claims of Massachusetts, for services and expenses of the militia in 1812-14, in time of war, and for which that State had not been reimbursed, the amount allowed being four hundred and thirty thousand dollars, about half the sum claimed ; for the removal of the Indians from lands occupied by them within any State of the Union, to a ter- ritory west of the Mississippi, and without the limits of any State or organized territory, and belonging to the United States, by purchase or relinquishment of the Indians, by treaty ; to divide such territory into districts, for the reception and permanent set- tlement of those who should consent to emigrate from their resi- dence on the east of that river, they relinquishing all claims to lands they then occupied; the tribes to have the solemn assurance of Government that it will forever secure and guarantee to them and their posterity, the tract of country so exchanged with them for the lands they should quit in Georgia, Alabama, and any other States ; and should they aban-don the territory at a future time, the same to revert to the United States ; the Indians to have the amount of their improvements made on the lands they may leave ; to be aided in their removal, and supported for one year by the Federal Government ; to be protected against assaults from other tribes in the vicinity of their new residence ; and five hundred thousand dollars were granted for carrying the act into effect." This act applied to all the Indians east of the Mis- sissippi, but especially to those residing in Georgia and Alabama. The consent of the Indians was, in form, to be obtained to this exchange of homes. This was not an easy matter. Some of them refused " to treat " for removal, or to comply with the provisions of the Government. They had set up forms of government 452 LIFE AND TIMES OF within the States, and naturally enough, held with great tenacity to their lands. The Governor of Georgia, like all his predecessors, was a stubborn man, and stubbornly adhered to what were termed the rights of his State. The Legislature and the people backed him. This In- dian territorial question at the South had been one of the most vexatious connected with the Administrations of Monroe and Adams. Indeed, the difficulty began in the days of General Washington, and only came to an end when all the Indians were forced to the west of the Mississippi. The American mode of dealing with the Indians always has been a matter of interest to other nations, especially to England. More than usual, at this time, was the sympathy of philanthropists in this country and England aroused in their behalf. Urged forward by these, and led by several able chiefs, generally half-breeds, a great effort was made to retain their lands. William Wirt was employed by the Indians to conduct their cause. But Governor Gilmer, of Georgia, declined to accept from Mr. Wirt any terms for a full and fair presentation of the case before the Supreme Court of the United States. It was a cause which would not bear close scrutiny. George Tassels, a half-breed, in resisting the laws of Georgia, committed murder, for which he was tried and sentenced to be hanged. A writ of error to bring his case before the Supreme Court of the United States, was unheeded or resisted by Judge Clayton and the Georgia authorities, and Tassels was executed. The National Executive stood out of the way, and Georgia went on in her course, and the Indians finally submitted to what they could not avoid, and consented to remove to the present Indian Territory, where now ANDREW JACKSON. 453 are the homes of all that are left of the once powerful tribes, the Creeks, Cherokees, Choctaws, Chickasaws, Seminoles, and others. The Supreme Court had been ignored, the Govern- ment defied, and Mr. Jefferson's doctrine of nullifica- tion set up in Georgia without the least resistance from President Jackson. Although he was deeply cen- sured for the little interest he took in allowing the de- crees of the Court to be set aside, and for his apparent indisposition to maintain the authority of the General Government in this whole Indian difficulty, for which there was, perhaps, no apology or justification, yet after all, the disposition made of the Indians was the best that could be done under the circumstances. Jackson knew and believed this, and hence his indif- ference in resisting the course events were taking. The advance of the white race could not be turned back, nor could it be checked. The hunting-grounds of these people would soon be gone, and surrounded by the restless white race, their condition would be hopeless, indeed. To-day there would be little division of opinion on this question which created such feeling in 1830. For fifty years these Indians have been comparatively undisturbed in their western homes, but what will fifty years more bring to them ? 454 LIFE AND TIMES OF CHAPTER XXV. GENERAL JACKSON MAKES THE FIRST THRUST AT NULLTFI- CATION— "THE FEDERAL UNION: IT MUST BE PRE- SERVED"— BANK OF THE UNITED STATES— CALHOUN— PLANS FOR "MATTY"— "THE GLOBE." ONE of the most exciting and important events of this first session of Congress in the Jackson Ad- ministration was the veto of the bill appropriating money to the Maysville, Kentucky, road. One of the General's biographers thus speaks of this matter : — ** The question of internal improvements by the General Gov- ernment was also discussed at tlie first session of the twenty-first Congress, and a bill was passed in the House, by a vote 102 to 85, and in the Senate by 24 to 18, authorizing a subscription to the stock of the Maysville and Lexington Road Company, in Kentucky. The bill thus passed by so large a majority, was sent to the President for his approval. After retaining it eight days, he returned it to the House on the 27th of May, 1830, with his objections. "The reading of this veto message caused much excitement in Congress. Many of the friends of the President from Pennsyl- vania and from the West had relied upon his approbation of this bill and of the system of internal improvements by Congress; and this message first forced upon their minds a conviction as unwelcome as it was unexpected. The question being taken upon the passage of the bill, notwithstanding the objections of the President, the vote stood yeas 96, nays 92. Two-thirds of the House not agreeing to pass the bill, it was rejected ; though a ANDREW JACKSON. 455 majority of the House thus refused to sustain the objections of the President. "Two days afterwards the House of Representatives took up several bills, which had been sent to them from the Senate, relating to internal improvements ; and, notwithstanding the veto of the Maysville Road Bill, passed by large majorities, three acts, the first of which authorized a subscription to the Washington Turnpike Company, the second to the Louisville and Portland Canal Company, and the third appropriating money for light- houses, improving harbors, directing surveys, etc. The first bill being similar to the one already rejected by the President, was returned by him to the Senate, where it originated, with a refer- ence to the message on the Maysville bill for his reasons. The Senate then proceeded to reconsider the bill, and, on the ques- tion of its passage, the vote stood yeas 21, nays 17 ; and the majority being less than two-thirds, the bill was rejected. The other two bills were retained by the President until after the adjournment of Congress, May 31, 1830, and were conse- quently lost." This veto message early ended the dream of in- ternal improvements under this Administration. "The other two bills were retained by the President for further consideration until the next session of Congress. This determi- nation of the Executive against the system of internal improve- ment gave great oflfense to many of his friends, and entirely alien- ated some from his party. Even in Congress such an increasing want of confidence was manifested, that the decided majorities which the Administration possessed in both Houses at the com- mencement of the session had dwindled before its close into feeble and inefficient minorities. Nor was this the only difficulty in which the Executive was involved by the course taken on inter- nal improvement. He had sanctioned a bill for continuing the Cumberland Road, and making other appropriations for roads and surveys; and another for the improvement of harbors and rivers, both of which were branches in the general system of internal improvement. The former bill he approved of, with a qualifica- tion, by referring to a message sent to the House, together with the bill, wherein he declared that, as a section appropriating eight thousand dollars for the road from Detroit to Chicago might be construed to authorize the application of the appropriation to 456 LIFE AND TIMES OF continue the road beyond the territory of Michigan, he desired to be understood as having approved the bill, with the under- standing that the road is not to be extended beyond the limits of the said territory. The novelty of this act on the part of the President attracted much attention, as the Constitution confines the action of the President on the legislation of Congress to a mere naked right of approval or disapproval." During this session occurred the famous debate be- between Daniel Webster and Robert Y. Hayne. " Col- onel" Hayne, as he was called, here advanced the doctrines of State supremacy and nullification ; that a State could, at her pleasure, for her own protection, place her authority before that of the General Gov- ernment. On the other hand, Mr. Webster declared that the Constitution and laws of the United States were the supreme sovereign of the land, and that State authority and enactments could have no power over the General Government. In this speech of Mr. Hayne's, universally admired and accepted by the South, it was squarely declared that any act of Congress regarded as prejudicial or disagreeable to the people of the State, that State had the power, and ought to nullify or declare void. So the dogma of State Rights or Nullification, which had been wickedly, or, at least, foolishly, announced in Kentucky, in 1799, as based upon the dictum of Mr. Jefferson, and which had had a vague existence, here and there, ever since the foun- dation of the Government, from this moment became a political theory, and was mainly made the property of Southern politicians, who, to some extent, however, forced their allies of the North to adopt it. Although the experience of the past has fully demonstrated the utter fallacy of this dogma, and the unmitigated evils of its perpetuation, it is not only not yet dead, but ANDREW JACKSON. 457 also, at times, assumes much of its ante helium impor- tance. It is made to serve as a reserve stock in the trade of political mountebanks and "great statesmen" for times of need, when all other instrumentalities fail them. Although Mr. Webster's great speech laid bare the doctrine of nullification, and, to some extent, checked its march towards secession, yet with less effort and fewer words. General Jackson probably accomplished more to the same end; and, coming from the "Hero of New Orleans" and the head of the Democratic party, its force was not unfelt in the remotest corners of the country. While the finished speech of Mr. Webster long ago was forgotten, or became a mere matter of reference to his political friends, the simple, powerful sentiment of Jackson became a national watch-word, and is, to-day, the common sentiment everywhere of patriots in all parties. No important event occurred at the Capitol which was not known at once to President Jackson. At the outset his feeling was with Hayne, who was a brother of Arthur P. Hayne, his old inspector-general. But a new doctrine, practically, was now announced from the South, and this debate brought it out in an exag- gerated form, and the President was not long in decid- ing where he must stand in the case. Nor did the winter pass without giving him an opportunity to express himself on the subject in a characteristic way. On the 13th of January, 1830, according to the cus- tom in Washington at that time, steps were taken for celebrating Mr. Jefferson's birth. The usual way among civilized men, as among savages, of celebrating good or noted events by feasts, was adopted on this occasion. 458 LIFE AND TIMES OF There was to be a banquet, and the nullification leaders hoped to be able to turn Mr. Jefferson to account in advancing their dogma. The programme was pub- lished on the previous day in the "Telegraph," whose partisan editor was working for the succession to fall to Mr. Calhoun in 1832. Jackson believed that this banquet was designed to give nullification a send off in the name of Thomas Jefferson, and in this belief he was right. With him to believe was to do. He went to the banquet with the object of throwing a shell into the nest at once. Mr. Calhoun, as the leader of the South Carolina faction, was there, also ready for the emergency. This was one of those critical occasions in which General Jackson needed no advice. The "Kitchen Cabinet" was not essential in this instance. It was one of the " by the Eternal " moments of Jack- son's life. The country was at stake. Policy and party were not to be considered. Patriotism had its supreme moment. When the regular routine, which was not untinctured with nullification, was disposed of, President Jackson was called upon for a volunteer "toast," and uttered his most memorable saying, the only one destined to be eternal : " The Federal Union : it must be preserved." Mr. Calhoun then announced his carefully prepared sentiment : " The Union ; next to Liberty, the most dear; may we all remember that it can only be pre- served by respecting the rights of the States, and dis- tributing equally the benefit and burden of the Union." These were opposing sentiments. One was open, brief, untrammeled patriotism, and was received as a direct announcement to the whole country. The new dogma had received a fatal stab at the outset, and ANDREW JACKSON. 459 from a source little expected. This was the moment of the beginning of the decline of Mr. Calhoun. The influence of the new dogma in carrying him to mis- fortune was no more certain and direct than was the power of General Jackson, the arbitrary expounder of a safer and more durable democracy. The President's memorable utterance, not only startled the friends of nullification at the Capital, but it also spread conster- nation in their ranks in South Carolina, where it orig- inated, and in the other States giving their adherence to it, and was taken by the especial friends and mouthpieces of General Jackson everywhere, as his word of warning to the country. This sentiment was the premeditated act of Jackson, and was the most noteworthy, admirable, and statesman-like utterance of his life. If he had done nothing else, for this alone he would deserve a monument among the dis- tinguished men and patriots of the world. For this alone the people of this now more than ever estab- lished Union should honor his name. The sentiment now lives in the heart of every true American. It has, since the 13th night of January, 1830, rung throughout the land; every pretext has brought it out; the faith and fortitude of men have been in- creased by its association with the memory of a man who was successful beyond all other Americans in the execution of his own will; and while this conti- nent exists this remarkable sentiment will be a power in politics, and an aid in keeping green the memory of Andrew Jackson. There has been a wide-spread opinion that General Jackson began his Administration with a strong feel- ing against the Bank of the United States, and a 460 LIFE AND TIMES OF determination to break it down. This is a mistake, although Mr. Bancroft holds to the belief that before the General left Nashville, he had placed the Bank in the list of his enemies and the enemies of the country, which were to fall beneath his battle-ax. While Jackson had had some dealings with the branch bank at New Orleans, in 1818, which was not satisfactory to him, yet he had probably forgotten that, or was good enough, for once, not to consider this transaction as meant to be personal. General Jackson laid no vast schemes beforehand. That was not his way of doing. His Administration had but fairly got under way when he became involved in a quarrel with the Bank. To this difficulty may certainly be traced the origin of the paragraph in his first message to Con- gress. Opposition to the will of General Jackson on the part of the Bank was the foundation of his oppo- sition to it. But when this opposition was once started he found plenty of reasons to justify his course, most of them good perhaps, although they were not very apparent until a much later date. Yet the dangers from the existence of the Bank were prospective mainly, if not wholly. They were not known to the country. The notes issued by the Bank in 1830, were circulated from one end of the land to the other without discount, as the greenbacks are now, and were as good as gold. The credit of the Bank was unlimited, and the confidence of the business men of the country in it was equal to that placed in the currency of the National Treasury at this moment. A considerable part of its stock was held by people of little wealth, widows, orphans, and charitable institutions. The Bank seemed to be a ANDREW JACKSON. 461 necessity to the country, and was almost universally considered so. Until the people were told, in 1830, that the Bank was a source of political corruption, was partial in its favors, and used its power to influence legislation, even among Congressmen, they did not know it, and these things were then not believed by any great number. During the first months of Jack- son's Administration the Secretary of the Treasury repeatedly acknowledged the obligation of the Gov- ernment to the Bank for its successful and ready execution of the wants of the Department. The trouble about the Bank began away up in New Hampshire. And the Second Comptroller of the Treasury, until the Jacksonian Congress refused to confirm him, Isaac Hill, of that State, was the direct cause of it. The president of the branch at Ports- mouth, Jeremiah Mason, was a Federalist, and had been a supporter of Mr. Adams. Hill wanted him out, and a good Jackson man put into his place. As a first step in this laudable work, some petitions from various persons were sent to the parent Bank at Phil- adelphia, making sundry complaints of Mr. Mason. Then followed several letters to the Secretary of the Treasury. Then came letters between Nicholas Bid- die, president of the Bank, and Secretary Ingham, and even Mr. Hill wrote some letters on the subject. The Secretary of War wrote to Mason that he had appointed a pension agent at Concord, and ordered the pension records in the bank at Portsmouth to be de- livered up to him, which Mr. Mason refused to do. All this fuss led to a thorough investigation by the president and directors, of the conduct of Mr. Mason. The charges against him were found to be utterly 462 LIFE AND TIMES OF without foundation, and he was re-elected. In a letter to the Secretary of the Treasury, Mr. Biddle uses this language : — " ' Presumiug,' said Mr. Biddle, 'that we have rightly appre- hended your views, and fearful that the silence of the Bank might be hereafter misconstrued into an acquiescence in them, I deem it my duty to state to you in a manner perfectly respectful to your official and personal character, yet so clear as to leave no possibility of misconception, that the board of directors of the Bank of the United States, and the boards of directors of the branches of the Bank of the United States, acknowledge not the slightest responsibility of any description whatsoever to the Secre- tary of the Treasury touching the political opinions and conduct of their officers, that being a subject on which they never consult, and never desire to know, the views of any Administration. It is with much reluctance the board of directors feel themselves constrained to make this declaration. But charged as they are by Congress with duties of great importance to the country, which they can hope to execute only while they are exempted from all influences not authorized by the laws, they deem it most becoming to themselves, as well as to the Executive, to state with perfect frankness their opinion of any interference in the concerns of the institution confided to their care.'" Mr. Ingham thus talks back in his reply: — "The Administration is empowered to act upon the Bank in various ways : in the appointment or removal of five of the di- rectors ; in the withdrawing of the public deposits ; in the exac- tion of weekly statements, and the inspection of its general ac- counts ; and in all the modes incident to the management of the pecuniary collections and disbursements of the Government. That these opportunities of action might be perverted and abused is conceivable, but, subjected to the principle on which we early and cordially agreed, they become causes of security and benefit; and before I dismiss this branch of the subject, I take the occa- sion to say, if it should ever appear to the satisfaction of the Secretary of the Treasury that the Bank used its pecuniary power for purposes of injustice and oppression, he would be faithless to his trust if he hesitated to lessen its capacity for such injury, by withdrawing from its vaults the public deposits." ANDREW JACKSON. 463 Anybody could predict the outcome of all this. Mr. Biddle was too honest to understand the autocrat of the White House. That kind of independence and resistance could not be passed over by General Jack- son. And soon, through confidential sources, it leaked out, that the President would assail the Bank in his first message. The President's health was quite poor in the sum- mer, fall, and part of the winter of 1829, and. some of his friends despaired of his getting to the end of the one term for which he had set out. Notwithstanding this, and the declaration from him to the effect that he was favorable to the single-term view, and that he really made the race in that understanding with his friends, there was an effort put forth early in the spring of 1830 to prepare the people for a second term for him. Mr. Calhoun was now not a favorite with General Jackson, although there had yet been no open break between them. But something was to be done to put him aside, if his prospects for the Presidency had not already been forever exploded, by his connec- tion with nullification, and with the South Carolina op- position to the tariff. A singular party maneuver at this time gave rise to the following paper, signed by sixty-eight members of the Pennsylvania Legislature : — " Harrisburg, March 20, 1830. " To His Excellency Andrew Jackson, President of the United States: "Dear Sir, — The undersigned, members of the Legislature of Pennsylvania, before closing the duties assigned them by their constituents, beg leave to tender to you their best wishes for your health and happiness, and to express to you the coufidence re- posed by them in the sound republican principles which mark 464 LIFE AND TIMES OF the course of your Administration. The second political revolu- tion, effected in the year 1829, is progressing in a way to attain those great results which were fondly anticipated, and which, in the end, we ardently hope, will tend to cement in stronger bonds the republican feelings of the country. In a free government like ours, parties must and will exist; it should be so, inasmuch as it serves to make those who are dominant vigilant and active in the discharge of the important duties which give life, health, and activity to the great principles by which, as a free people, we should be governed. If the voice of Pennsylvania, which has recently been prominently and effectively exerted in the election of our present distinguished Chief Magistrate, can have influence, it will, as heretofore, be exerted in inducing you to permit your name and distinguished services again to be presented to the American people. We deem it of importance to the maintenance of correct republican principles that the country should not thus early be again drawn into a warm and virulent contest as to who shall be your successor. "If the people can indulge a hope that, in acceding to their wishes as heretofore, the warmth of former contests may be spared, they will be able to repose in peace and quiet, and before the end of your second term, will expect with confidence that the great principle of governmental reform will be so harmonized and arranged that the affairs of the Nation for the future Avill move on certainly, peacefully, and happily. Expressing what we feel and believe to be the language of our constituents, we claim to indulge the expectation that your avowed principle, ' neither to seek nor to decline to serve your country in public office,' will still be adhered to, that thereby the people may ob- tain repose, and toward the termination of your second term be better prepared to look around and ascertain into whose hands can be best confided the care and guardianship of our dearest rights, our happiness, and independence. "This communication is not made with the intention of ob- taining from you any declaration at this time upon this subject. We are aware that persons would be found to call such a declara- tion premature, before some general expression of satisfaction in relation to the course you have pursued had been exhibited, and time afforded for it to be evinced. Pennsylvania, heretofore first to express her attachment upon this subject, seeks only to main- tain the position she has assumed, and to express through her ANDEEW JACKSON. 465 Representatives her continued confidence in your stern political integrity, and the wise, judicious, republican measures of your Administration, and to cherish the hope that the country may again be afforded the opportunity of having those services, the benefit of which she is now so happily enjoying. On this subject, sir, we speak not only our own sentiments and opinions, but feel that the people will accord to the suggestion, and everywhere respond to what we have declared. Wishing you long life, health, and happiness, we remain your friends and fellow-citizens." One of the biographers of General Jackson was fortunate enough to get the true secret history of this document, which sadly deprives it of all its beauty and romance. But it serves to introduce to the inno- cent reader the way similar things have been done ever since Andrew Jackson came to control the poli- tics of the country. The ever considerate Wm. B. Lewis happening to think that General Jackson might die suddenly without satisfactory arrangements for a successor, suggested to the General that he should write a letter to one of his friends, highly recommend- ing Van Buren to the country. The General took kindly to the suggestion, believing that his voice in this way might be sufficiently potent after his death, and Lewis wrote the letter to Thomas Overton, of Tennessee, and the General signed it. But this letter was not to be used unless in case of the General's sudden demise, as Judge Overton probably never knew. When this much had been done, Lewis set to work to devise the best plan for breaking over what had been said about a single term, with the view of having the General re- nominated at once. He thought that some important State, in a respectable way, should take the lead in the matter ; and, accordingly, himself wrote the foregoing letter to General Jackson, and sent it to 30— G 466 LIFE AND TIMES OF L. C. Stanbaugh, a politician of note in Pennsylvania, who readily jumped into the scheme ; and without waiting for the grass to grow under his feet, started out to get the signatures of the members of the Legis- lature. The appeal to the President, as given here, was then published in the newspapers. Mr. Lewis did not stop at this ; he wrote letters to men in other States for furthering the plan, and soon Mr. Van Buren was laid aside for the time. Seven years more he must wait. Mr. Calhoun's chances were now forever gone. As nullification grew, the Presidency departed from him. The disgusting and infernal scheming went on. It was the dawn of a new era of purity, prog- ress, and reform ! ! To Mr. Parton is due the credit of furnishing the facts, mainly, in this rare piece of history. One of the most active, lazy men in Congress at this time was Colonel Richard Mentor Johnson, of Kentucky. He was a " busybody." Throughout the two preceding Administrations he was often met in the capacity of an intercessor. Everybody was friendly with Colonel Johnson, and liked him, but he was really a Congressional " go-between." He was not always choice or scrupulous as to the subjects which enlisted his attention. In Mr. Monroe's time he had interfered in behalf of Billy Duane, of the " Aurora," whom Mr. Monroe regarded as the most slanderous and unreliable man in the country. Colonel Johnson was one of the warm friends of General Jackson, and in the winter of 1829, was very busy in trying to pro- duce harmony -in the Cabinet. The President was worn out with the dissensions, and Colonel Johnson undertook to make peace. ANDREW JACKSON. 467 Mr. Ingham says in his account of the case : — "On AVeduesday, the 27th of January, 1830, Colonel R. M. Johnson, of Kentucky, waited on me in the Treasury Depart- ment, and after some preliminary conversation, in which he ex- pressed his regret that my family and that of Mr. Branch and Mr. Berrien did not visit Mrs. Eaton, he said that it had been a subject of great excitement with the President, who had come to the determination of having harmony in his Cabinet by some ac- commodation of this matter. He, Colonel Johnson, was the friend of us all, and had now come at the request of the President to see whether any thing could be done ; who thought that when our ladies gave parties, they ought to invite Mrs. Eaton ; and as they had never returned her call, if they would leave the first card and open a formal intercourse in that way, the President would be satisfied ; but unless something was done of this nature, he had no doubt, indeed he knew that the President was resolved to have harmony, and would probably remove Mr. Branch, Mr. Berrien, and myself. I replied to Colonel Johnson, that in all matters of official business, or having any connection therewith, I considered myself bound to maintain an open, frank, and har- monious intercourse with the gentlemen I was associated with ; that the President had a right to expect the exertion of my best faculties, and the employment of my time, in the public service. As to the family of Mr. Eaton, I felt an obligation on me not to say any thing to aggravate the difficulties which he labored under, but to observe a total silence and neutrality in relation to the re- ports about his wife, and to inculcate the same course as to my family, and if any other representations had been made to the President they were false. Having prescribed to myself this rule, and always acted upon it, I had done all that the President had a right to expect. That the society of Washington was liberally organized ; there was but one circle, into which every person of respectable character, disposed" to be social, was readily admitted, without reference to the circumstance of birth, fortune, or station, which operated in many other places ; that we had no right to exert official power to regulate its social intercourse ; that Mrs. Eaton had never been received by the society here, and it did not become us to force her upon it; that my family had, therefore, not associated with her, and had done so with my approbation ; and that the President ought not, for the sake of his own 468 LIFE AND TIMES OF character, to interfere in such matters. But if he chose to exert his power to force my family to visit anybody they did not choose to visit, he was interfering with what belonged to me, and no human power should regulate the social intercourse of my family, by means of official or any other power which I could resist. If I could submit to such control, I should be unworthy of my station, and would despise myself. That it was eminently due to the character of the President to have it known that he did not in- terfere in such matters ; and that the course we had pursued was preservative of his honor and political standing. I had taken my ground on mature reflection as to what was due to my family, my friends, and the Administration, without any prejudice to Major Eaton or his wife, and had fully determined not to change it, whatever might be the consequence. " Colonel Johnson said that he had been requested by the President to have a conversation with the Secretary of the Navy and the Attorney-General also ; but, from what I had said, he supposed it would be of no avail. The President expressed a hope that our families would have been willing to invite Mrs. Eaton to their large parties, to give the appearance of an osten- sible intercourse, adding that he was so much excited that he was like a roaring lion. He had heard that the lady of a foreign minister had joined in the conspiracy against Mrs. Eaton, and he had sworn that he would send her and her husband home if he could not put an end to such doings. I replied, that it could hardly be possible that the President contemplated such a step. Colonel Johnson replied that he certainly did ; and again re- marked that it seemed to be useless for him to see Mr. Branch and Mr. Berrien. I told him that each of us had taken our course upon our own views of the propriety without concert; and that he ought not to consider me as answering for any but myself. He then proposed that I should meet him at Mr. Branch's, and invite Mr. Berrien, that evening at seven o'clock, which was agreed to. Colonel Johnson came'to my house about six, and we went up to Mr. Berrien's, having first sent for Mr. Branch. On our way to Mr. Berrien's, Colonel Johnson remarked that the President had informed him that he would invite Mr. Branch, Mr. Berrien, and myself, to meet him on the next Friday, when he would inform us, in the presence of Dr. Ely, of his determina- tion ; and if we did not agree to comply with his wishes, he would expect us to send in our resignations. ANDREW JACKSON. 469 "Upon our arrival at Mr. Berrien's, ColonelJohnson renewed the subject in presence of him and Governor Branch, and repeated substantially, though I thought rather more qualifiedly, what he had said to me. He did not go so much into detail, nor do I recollect whether ne mentioned the President's remarks as to the lady above mentioned and Dr. Ely ; those gentlemen will better recollect. Mr. Branch and Mr. Berrien replied, as unequivocally as I had done, that they would never consent to have the social relations of their families controlled by any power whatever but their own. Mr. Branch, Mr. Berrien, and myself went the same evening to a party at Colonel Towson's, where a report was cur- rent that we were to be removed forthwith, of which I had no doubt at the time. "The next morning. Colonel Johnson came to my house and said that he ought, perhaps, to have been more frank last even- ing, and told us positively that the President had finally deter- mined on our removal from office, unless we agreed at once that our families should visit Mrs. Eaton, and invite her to their large parties ; and that he had made up his mind to designate Mr. Dickins to take charge of the Treasury Department, and Mr. Kendall to take charge of the Navy Department, and would find an Attorney-General somewhere. I observed that my course was fixed, and could not be changed for all the offices in the President's gift; and it made no more difference to me than to any other per- son whpe that further reflection will lead to other views, and feel confident that when his Catholic Majesty shall be convinced of the justice of the claim, his desire to pre- serve friendly relations between the two countries, which it is my earnest endeavor to maintain, will induce him to accede to our demand. I have, therefore, dispatched a special messenger with instructions to our minister to bring the case once more to his consideration ; to the end that if, which I can not bring myself to believe, the same decision, that can not but be deemed an unfriendly denial of justice, should be persisted in, the matter may, before your adjournment, be laid before you, the Constitu- tional judges of what is proper to be done when negotiation for redress of injury fails. The conclusion of a treaty for indemnity with France, seemed to present a favorable opportunity to renew our claims of a similar ANDREW JACKSON. 529 nature on other powers; and particularly in the case of those upon Naples, more especially as in the course of former negotia- tious with that power, our failure to induce France to render us justice was used as an argument against us. The desires of the merchants, who were the principal sufferers, have therefore been acceded to, and a mission has been instituted for the special pur- pose of obtaining for them a reparation already too long delayed. This measure having been resolved on, it was put in execution without waiting for the meeting of Congress, because the state of Europe created an apprehension of events that might have rendered our application ineffectual. Our demands upon the Government of the two Sicilies are of a peculiar nature. The injuries on which they are founded are not denied, nor are the atrocity and perfidy under which those injuries were perpetrated, attempted to be extenuated. The sole ground on which indemnity has been refused is the alleged ille- gality of the tenure by which the monarch who made the seizures held his crown. This defense, always unfounded in any principle of the law of nations — now universally abandoned even by those powers upon whom the responsibility for acts of past rulers bore the most heavily — will unquestionably be given up by his Sicilian Majesty, whose councils will receive an impulse from that high sense of honor and regard to justice, which are said to characterize him ; and I feel the fullest confidence that the talents of the citi- zens commissioned for that purpose will place before him the just claims of our injured citizens in such a light as will enable me, before your adjournment, to announce that they have been ad- justed and secured. Precise instructions to the eflfect of bringing the negotiation to a speedy issue, have been given and will be obeyed. In the late blockade of Terceira, some of the Portuguese fleet captured several of our vessels and committed other excesses, for which reparation was demanded, and I was on the point of dispatching an armed force to prevent any recurrence of a similar violence, and protect our citizens in the prosecution of their law- ful commerce, when official assurances, on which I relied, made the sailing of the ships unnecessary. Since that period frequent promises have been made, that full indemnity shall be given for the injuries inflicted and the losses sustained. In the performance there has been some, perhaps unavoidable, delay ; but I have the fullest confidence that my earnest desire that this business may 34— G 530 LIFE AND TIMES OF at once be closed, which our minister has been instructed strongly to express, will very soon be gratified. I have the better ground for this hope, from the evidence of a friendly disposition which that government has shown by an actual reduction in the duty on rice, the produce of our Southern States, authorizing the an- ticipation that this important article of our export will soon be admitted on the same footing with that produced by the most favored nation. With the other powers of Europe we have fortunately had no cause of discussions for the redress of injuries. With the em- pire of the Russias, our political connection is of the most friendly, and our commercial of the most liberal kind. We enjoy the ad- vantages of navigation and trade, given to the most favored nation ; but it has not yet suited their policy, or perhaps has not been found convenient from other considerations, to give stability and reciprocity to those privileges by a commercial treaty. The ill-health of the minister last year, charged with making a propo- sition for that arrangement, did not permit him to remain at St. Petersburg ; and the attention of that government during the whole of the period since his departure having been occupied by the war in which it was engaged, we have been assured that nothing could have been effected by his . presence. A minister will soon be nominated, as well to effect this important object, as to keep up the relations of amity and good understanding, of which we have received so many assurances and proofs from his imperial majesty, and the emperor his predecessor. The treaty with Austria is opening to us an important trade with the hereditary dominions of the emperor, the value of which has been hitherto little known, and of course not sufficiently ap- preciated. While our commerce finds an entrance into the south of Germany by means of this treaty, those we have formed with the Hanseatic towns and Prussia, and others now in negotiation, will open that vast country to the enterprising spirit of our mer- chants on the north; a country abounding in all the materials for a mutually beneficial commerce, filled with enlightened and industrious inhabitants, holding an important place in the politics of Europe, and to which we owe so many valuable citizens. The ratification of the treaty with the Porte was sent to be exchanged, by the gentleman appointed our charge d'affaires to that court. Some difficulties occurred on his arrival ; but at the date of his last official dispatch he supposed they had been obviated, and ANDREW JACKSON. 531 that there was every prospect of the exchange being speedily effected. This finishes the connected view I have thought proper to give of our political and commercial relations in Europe. Every effort in my power will be continued to strengthen and extend them by treaties founded on principles of the most perfect reci- procity of interest, neither asking nor conceding any exclusive ad- vantage, but liberating, as far as it lies in my power, the activity and industry of our fellow-citizens from the shackles which foreign restrictions may impose. To China and the East Indies, our commerce continues in its usual extent, and with increased facilities, which the credit and capital of our merchants afford, by substituting bills for payments in specie. A daring outrage having been committed in those seas by the plunder of one of our merchantmen engaged in the pepper trade, at a port in Sumatra, and the piratical perpetrators belonging to tribes in such a state of society that the usual course of proceedings between civilized nations could not be pursued, I forthwish dispatched a frigate with orders to require immediate satisfaction for the injury, and indemnity to the sufferers. Few changes have taken place in our connections with the independent States of America, since my last communication to Congress. The ratification of a commercial treaty with the United Republics of Mexico has been for some time under deliberation in their Congress, but was still undecided at the date of our last dispatches. The unhappy civil commotions that have prevailed there were undoubtedly the cause of the delay ; but as the gov- ernment is now said to be tranquillized, we may hope soon to re- ceive the ratification of the treaty, and an arrangement for the demarkation of the boundaries between us. In the meantime an important trade has been opened, with mutual benefit, from St. Louis, in the State of Missouri, by caravans, to the interior prov- inces of Mexico. This commerce is protected in its progress through the Indian countries by the troops of the United States, which have been permitted to escort the caravans beyond our boundaries to the settled part of the Mexican territory. From Central America I have received assurances of the most friendly kind, and a gratifying application for our good oflices to re- move a supposed indisposition toward that government in a neigh- boring State ; this application was immediately and successfully complied with. They gave us also the pleasing intelligence that 532 LIFE AND TIMES OF differences which had prevaUed in their internal affairs had been peaceably adjusted. Our treaty with this republic continues to be faithfully observed, and promises a great and beneficial com- merce between the two countries ; a commerce of the greatest importance, if the magnificent project of a ship-canal through the dominions of that State, from the Atlantic to the Pacific Ocean, now in serious contemplation, shall be executed. I have great satisfaction in communicating the success which has attended the exertions of our minister in Colombia, to procure a very considerable reduction in the duties on our flour in that republic. Indemnity, also, has been stipulated for injuries re- ceived by our merchants from Ulegal seizures ; and renewed assur- ances are given that the treaty between the two countries shall be faithfully observed. Chili and Peru seem to be still threatened with civil commo- tions ; and until they shall be settled, disorders may naturally be apprehended, requiring the constant presence of a naval force in the Pacific Ocean, to protect our fisheries and guard our commerce. The disturbances that took place in the empire of Brazil, pre- viously to and immediately consequent upon the abdication of the late emperor, necessarily suspended any effectual application for the redress of some past injuries suffered by our citizens from that government, while they have been the cause of others, in which all foreigners seem to have participated. Instructions have been given to our minister there, to press for indemnity due for losses occasioned by these irregularities ; and to take care that our fellow-citizens shall enjoy all the privileges stipulated in their favor by the treaty lately made between the two powers, all of which the good intelligence that prevails between our minister at Rio Janeiro and the Regency, gives us the best reason to expect. I should have placed Buenos Ayres in the list of South Amer- ican powers, in respect to which nothing of importance affecting us was to be communicated, but for occurrences which have lately taken place at the Falkland Islands, in which the name of that republic has been used to cover, with a show of authority, acts injurious to our commerce and to the property and liberty of our fellow-citizens. In the course of the present year, one of our ves- sels engaged in the pursuit of a trade which we have always en- joyed without molestation, has been captured by a band acting, as they pretend, under the authority of the government of Buenos ANDREW JACKSON. 533 Ayres. I have, therefore, given orders for the dispatch of an armed vessel to join our squadron in those seas, and aid in afford- ing all lawful protection to our trade which shall be necessary ; and shall without delay send a minister to inquire into the nature of the circumstances, and also of the claim, if any, that is set up by that government to those islands. In the meantime I submit the case to the consideration of Congress, to the end that they may clothe the Executive with such authority and means as they may deem necessary, for providing a force adequate to the complete protection of our fellow-citizens fishing and trading in those seas. This rapid sketch of our foreign relations, it is hoped, fellow- citizens, may be of some use in so much of your legislation as may bear on that important subject ; while it affords to the coun- try at large a source of high gratification in the contemplation of our political and commercial connection with the rest of the world. At peace with all — having subjects of future difference with few, and those susceptible of easy adjustment — extending our commerce gradually on all sides, and on none by any but the most liberal and mutually beneficial means — we may, by the blessing of Provi- dence, hope for all that national prosperity which can be derived from an intercourse with foreign nations, guided by those eternal principles of justice and reciprocal good-will, which are binding as well upon States as the individuals of whom they are composed. I have great satisfaction in making this statement of our affairs, because the course of our national policy enables me to do it with- out any indiscreet exposure of what iu other governments is usually concealed from the people. Having none but a straight- forward, open course to pursue, guided by a single principle that will bear the strongest light, we have happily no political combi- nations to form, no alliances to entangle us, no complicated in- terests to consult ; and in subjecting all we have done to the con- sideration of our citizens, and to the inspection of the world, we give no advantage to other nations, and lay ourselves open to no injury. It may not be improper to add, that to preserve this state of things and give confidence to the world in the integrity of our designs, all our consular and diplomatic agents are strictly en- joined to examine well every cause of complaint preferred by our citizens ; and while they urge with proper earnestness those that are well founded, to countenance none that are unreasonable or unjust, and to enjoin on our merchants and navigators the strictest 534 LIFE AND TIMES OF obedience to the laws of the countries to which they resort, and a course of conduct in their dealings that may support the character of our Nation, and render us respected abroad. Connected with this subject, I must recommend a revisal of our consular laws. Defects and omissions have been discovered in their operation that ought to be remedied and supplied. For your further information on this subject I have directed a report to be made by the Secretary of State, which I shall hereafter submit to your consideration. The internal peace and security of our confederated States is the next principal object of the General Government. Time and experience have proved that the abode of the native Indian within their limits is dangerous to their peace and injurious to himself. In accordance with my recommendation at a former session of Congress, an appropriation of half a 'million of dollars was made to aid the voluntary removal of the various tribes be- yond the limits of the States. At the last session I had the hap- piness to announce that the Chickasaws and Choctawshad accepted the generous offer of the Government, and agreed to remove be- yond the Mississippi River, by which the whole o/ the State of Mississippi and the western part of Alabama will be freed from Indian occupancy, and opened to a civilized population. The treaties with these tribes are in course of execution, and their re- moval, it is hoped, will be completed in the course of 1832. At the request of the authorities of Georgia, the registration of Cherokee Indians for emigration has been resumed, and it is confidently expected that one-half, if not two-thirds of that tribe, will follow the wise example of their more westerly brethren. Those who prefer remaining at their present homes will hereafter be governed by the laws of Georgia, as all her citizens are, and cease to be the objects of peculiar care on the part of the General Government. • During the present year the attention of the Government has been particularly directed to those tribes in the powerful and growing State of Ohio, where considerable tracts of the finest lands were still occupied by the aboriginal proprietors. Treaties, either absolute or conditional, have been made, extinguishinti the whole Indian title to the reservations in that State ; and the time is not distant, it is hoped, when Ohio will be no longer embar- rassed by the Indian jjopulation. The same measure will be ex- tended to Indiana, as soon as there is reason to anticipate success. ANDREW JACKSON. 535 It is confidently believed that perseverance for a few years in the present policy of the Government will extinguish the Indian title to all lands lying within the States composing our Federal Union, and remove beyond their limits every Indian who is not willing to submit to their laws. Thus will all conflicting claims to jurisdic- tion between the States and the Indian tribes be put to rest. It is pleasing to reflect that results so beneficial, not only to the States immediately concerned, but to the harmony of the Union, will have been accomplished by measures equally advantageous to the Indians. What the native savages become when sur- rounded by a dense population and by mixing with the whites, may be seen in the miserable remnants of a few eastern tribes, deprived of political and civil rights, forbidden to make contracts, and subjected to guardians, dragging out a wretched existence, without excitement, without hope, and almost without thought. But the removal of the Indians beyond the limits and juris- diction of the States does not place them beyond the reach of philanthropic aid and Christian instruction. On the contrary, those whom philanthropy or religion may induce to live among them in their new abode, will be more free in the exercise of their benevolent functions than if they had remained within the limits of the States, embarrassed by their internal regulations. Now subject to no control but the superintending agency of the Gen- eral Government, exercised with the sole view of preserving peace, they may proceeed unmolested in the interesting experi- ment of gradually advancing a community of American Indians from barbarism to the habits and enjoyments of civilized life. Among the happiest eflfects of the improved relations of our Republic has been an increase of trade, producing a correspond- ing increase of revenue beyond the most sanguine anticipations of the Treasury Department. The state of the public finances wiU be fully shown by the Secretary of the Treasury, in the report which he will presently lay before you. I will here, however, congratulate you upon their prosperous condition. The revenue received in the present year will not fall short of twenty-seven millions seven hundred thousand dollars, and the expenditures for all objects other than the public debt will not exceed fourteen millions seven hundred thousand dollars. The payment on account of the principal and interest of the debt during the year will exceed sixteen millions five hundred thousand dollars ; a greater sum than has been 536 LIFE AND TIMES OF applied to that object out of the revenue in any year since the enlargement of the sinking fund, except the two years following immediately thereafter. The amount which will have been ap- plied to the public debt from the 4th of March, 1829, to the 1st of January next, which is less than three years since the Admin- istration has been placed in my hands, will exceed forty millions of dollars. From the large importations of the present year, it may be- safely estimated that the revenue which will be received into the Treasury from that source during the next year, with the aid of that received from the public lands, will considerably exceed the amount of the receipts of the present year; and it is believed that, with the means which the Government will have at its dis- posal from various sources, which will be fully stated by the proper department, the whole of the public debt may be extin- guished, either by redemption or purchase within the four years of my Administration. We shall then exhibit the rare example of a great Nation, abounding in all the means of happiness and security, altogether free from debt. The confidence with which the extinguishment of the public debt may be anticipated, presents an opportunity for carrying into effect more fully the policy in relation to import duties, which has been recommended in my former messages. A modifi- cation of the tariflT, which shall produce a reduction of our reve- nue to the wants of the Government, and an adjustment of the duties on imports with a view to equal justice in relation to all our national interests, and to the counteraction of foreign policy, so far as it may be injurious to those interests, is deemed to be one of the principal objects which demand the consideration of the present Congress. Justice to the interests of the merchant as well as the manufacturer, requires that material reductions in the import duties be prospective; and unless the present Congress shall dispose of the subject, the proposed reductions can not properly be made to take effect at the period when the necessity for the revenue arising from present rates shall cease. It is, therefore, desirable that arrangements be adopted at your present session to relieve the people from unnecessary taxation after the extinguishment of the public debt. In the exercise of that spirit of concession and conciliation which has distinguished the friends of our Union in all great emergencies, it is believed that this object may be effected without injury to any national interest. ANDREW JACKSON. 537 In my annual message of December, 1829, I had the honor to recommend the adoption of a more liberal policy than that which then prevailed toward unfortunate debtors to the Govern- ment, and I deem it my duty again to invite your attention to this subject. Actuated by similar views Congress, at their last session, passed an act for the relief of certain insolvent debtors of the United States ; but the provisions of that law have not been deemed such as were adequate to that relief to this unfortunate class of our fellow-citizens which may be safely extended to them. The points in which the law appears to be defective will be particularly communicated by the Secretary of the Treasury ; and I take pleas- ure in recommending such an extension of its provisions as will unfetter the enterprise of a valuable portion of our citizens, and restore to them the means of usefulness to themselves and the community. While deliberating upon this subject, I would also recommend to your consideration the propriety of so modifying the laws for enforcing the payment of debts due either to the public or to individuals suing in the courts of the United States as to restrict the imprisonment of the person to cases of fraudu- lent concealment of property. The personal liberty of the citi- zen seems too sacred to be held, as in many cases it now is, at the will of a creditor to whom he is willing to surrender all the means he has of discharging his debt. The reports from the Secretaries of the War and Navy De- partments, and from the Postmaster-General, which accompany this message, present satisfactory views of the operations of the departments respectively under their charge, and suggest im- provements which are worthy of, and to which I invite, the se- rious attention of Congress. Certain defects and omissions having been discovered in the operation of the laws respecting patents, they are pointed out in the accompanying report from the Sec- retary of State. I have heretofore recommended amendments of the Federal Constitution giving the election of President and Vice-President to the people, and limiting the service of the former to a single term. So important do I consider these changes in our funda- mental law, that I can not, in accordance with my sense of duty, omit to press them upon the consideration of a new Congress. For my views more at large, as well in relation to these points as to the disqualification of members of Congress to receive an 538 LIFE AND TIMES OF office from a President in whose election they have had an official agency, which I proposed as a substitute, I refer you to my former messages. Our system of public accounts is extremely complicated, and, it is believed, may be much improved. Much of the present machinery, and a considerable portion of the expenditure of public money may be dispensed with, while greater facilities can be afforded to the liquidation of claims upon the Government, and an examination into their justice and legality, quite as efficient as the present, secured. With a view to a general reform in the system I recommend the subject to the attention of Congress. I deem it my duty again to call your attention to the condi- tion of the District of Columbia. It was, doubtless, wise in the framers of our Constitution to place the people of this district under the jurisdiction of the General Government; but, to ac- complish the objects they had in view, it is not necessary that this people should be deprived of all the privileges of self-govern- ment. Independently of the difficulty of inducing the repre- sentatives of distant States to turn their attention to projects of laws which are not of the highest interest to their constit- uents, they are not individually nor, in Congress, collectively well qualified to legislate over the local concerns of this District. Consequently, its interests are much neglected, and the people are almost afraid to present their grievances lest a body, in which they are not represented, and which feels little sympathy in their local relations, should, in its attempt to make laws for them, do more harm than good. Governed by the laws of the States whence they were severed, the two shores of the Potomac, within the ten miles square, have different penal codes; not the present codes of Virginia and Maryland, but such as existed in those States at the time of the cession to the United States. As Congress will not form a new code, and as the people of the dis- trict can not make one for themselves, they are virtually under two governments. Is it not just to allow them at least a dele- gate in Congress, if not a local Legislature to make laws for the District, subject to the approval or rejection of Congress? I ear- nestly recommend the extension to them of every political right which their interests require, and which may be compatible with the Constitution. The extension of the judiciary system of the United States is ANDREW JACKSON. 539 deemed to be one of the duties of Government. One-fourth of the States in the Union do not participate in the benefits of a circuit court. To the States of Indiana, Illinois, Missouri, Alabama, Mississippi, and Louisiana, admitted into the Union since the present judicial system was organized, only a district court has been allowed. If this be sufficient, then the circuit courts, already existing in eighteen States, ought to be abolished ; » if it be not sufficient, the defect ought to be remedied, and these States placed on the same footing with the other members of the Union. It was on this condition, and on this footing, that they entered the Union ; and they may demand circuit courts as a matter, not of concession, but of right. I trust that Congress will not adjourn leaving this anomaly in our system. Entertaining the opinions heretofore expressed in relation to the Bank of the United States, as at present organized, I felt it my duty, in my former messages, frankly to disclose them, in order that the attention of the Legislature and the people should be seasonably directed to that important subject, and that it might be considered and finally disposed of in a manner best cal- culated to promote the ends of the Constitution and subserve the public interests. Having thus conscientiously discharged a Con- stitutional duty, I deem it proper, on this occasion, without a more particular reference to the views of the subject then ex- pressed, to leave it for the present to the investigation of an enlightened people and their representatives. In conclusion, permit me to invoke that power which superin- tends all governments to infuse into your deliberations, at this im- portant crisis of our history, a spirit of mutual forbearance and conciliation. In that spirit was our Union formed, and in that spirit must it be preserved. In this, as in his former annual messages, the Pres- ident renewed his recommendation for amending the Constitution to take the election of President and Vice-President directly to the people, and doing away with the Electoral College. The message extols the Indian policy, and shows its progress. The Bank of the United States is again brought to the notice of Congress, and it is clearly stated that the Executive 540 LIFE AND TIMES OF is only resting in his opposition to the Bank. The Senate now confirmed the members of the new Cabinet without opposition, and most of the other appointments. But after spending a great part of two months in dis- cussing the appointment of Mr. Van Buren, as Minis- ter to England, the Senate rejected him. He had only recently arrived in London and presented his credentials. Mr. Calhoun and his friends opposed the confirmation of Van Buren on both personal and polit- ical grounds ; and while little else was to be expected of them, the course of the Senate in the case was cen- surable in a high degree, as needlessly placing the country in an unfavorable and ridiculous light in Eng- land. The conduct of the Senate was mean and in- defensible in the whole matter. On the part of the opponents of the Administration and the adherents of Mr. Calhoun, this affair was designed to spite and en- rage the President, and insult and put down Mr. Van Buren, but in the latter purpose especially, they sig- nally failed. The rejection of Mr. Van Buren led di- rectly to his nomination for the Vice-Presidency, and his easy approach to the higher place in which the Man, the political Autocrat of the Nation, had deter- mined to put him. Although the charter of the Bank of the United States would not expire until 1836, having been granted in 1816, for twenty years, it was decided by the leaders among its managers and friends to bring the subject of a renewal of the charter before Congress at this time. It was confidently believed that a re- issue of the charter was certain, and that Jackson's veto would only do what the friends of the Bank mainly desired, defeat him in the approaching race ANDREW JACKSON. 541 for the Presidency. On the 9th of January, 1832, George M. Dallas presented to the Senate the memo- rial asking the renewal of the charter, and although believing himself that it was the wrong time to spring this great question, he was an advocate of the Bank. A committee, consisting of John Quincy Adams, George McDuffie, John G. Watmough, C. C. Cambreleng, Fran- cis Thomas, R. M. Johnson, and A. S. Clayton, was sent to Philadelphia to investigate the affairs of the Bank. This committee spent some time in making a thorough examination of the condition and manage- ment, and made three reports, two of them favorable to the Bank, having found no charge of consequence sustained against it; and Mr. Adams, who himself made one of the reports, declared that it was the most satisfactorily and perfectly conducted institution in the world. Nearly all of this long session was taken up in the discussion of this subject, the debates being at times very bitter and personal. Thomas H. Benton led the Administration opposition against the Bank giants, and did it with great skill,, if not always with fairness. At last, on the 11th of June, a bill was passed in the Senate, and on the 3d of July, in the House, providing for re-chartering the Bank, by a vote of twenty-eight to twenty in the former, and one hun- dred and nine to seventy-six in the latter, body. On the 10th of July, six days after it was presented to the President for his signature, he returned it with his veto. There was a great variety of opinion as to the ef- fect of this act on the final result touching the Bank, and on the Presidential election. The Jackson or Democratic party considered it as settling the matter 542 LIFE AND TIMES OF virtually, forever, and the friends of the Bank pre- tended to believe that it would do the Bank no great harm, but forever kill Jackson. Men who counted on the success of any cause espoused by General Jackson were safe. Altjiough the opponents of the ' Bank meanly and without a shadow of foundation attacked the management of that institution, and brought con- temptible charges, which were unnecessary and dis- graceful, yet it was now as they believed but a ques- tion of time. Nor were they mistaken as to their estimates of the good influence of the veto on the Presidential election. Although men are still divided as to the virtue of this Herculean feat, of killing the Bank, on the part of General Jackson, it long ago ceased to be a matter of much moment. Jackson's strong point, demagogue-like, appealing to the passions of the masses, was that the Bank was a tyrannical monopoly, a fortunate partisan term which ncA^er could be tolerated by the people, who shouted for him. Al- though the fall of the Bank of the United States brought temporary ruin to the country, its overthrow was, perhaps, for the best in the end, and this is the general verdict of America to-day. Whoever wrote the veto message, Mr. Livingston certainly had no part in it, as he was not a warm supporter of the President's opposition to the Bank. In the fall of 1832, Mr. Livingston wrote to a friend : — "The veto, I find, is well received. The measure could not have been avoided ; the managers of the Bank drew it on them- selves, and they were forwarded by those who thought the insti- tution necessary, and who feared, what has come to pass, that the pressure of the question would endanger it in any shape. As to the message, I will say no more of it than that no part of it is mine. This is a great piece of self-denial, considering the ANDREW JACKSON. 543 extravagant applause with which it has been received ; but I prefer my own plain feathers to those of any peacock, and I, therefure, to you disavow any participation in framing this splendid pro- duction, which has received the title of the Secoud Declaration of Independence; but, wonderful as the production i,s, I am aston- ished (since the best composition, and the best arguments are frequently assailed), I am astonished, I say, that this has escaped so well. There are arguments in it that an ingenious critic might plausibly expose, and I am glad that it has only been nibbled at by the editors. Is this concert? Or what can be the rea.son of this forbearance? I dreaded an immediate attack. Our friends have lost no time in taking off its force, by anticipating the public opinion." Of the Bank legislation and other features of this session of Congress, Edwin Williams, one of the fairest and most accurate of political writers, says : — " This veto message having been read, Mr. Webster moved that the Senate should proceed to reconsider the bill the next day. At tjie appointed hour, the bill being again brought under the consideration of the Senate, Mr. Webster reviewed the rea- sons and arguments of the Executive at length, to which Mr. White, of Tennessee, replied ; and the discussion was continued until the 13th of July, when 'the question being taken on the passage of the bill, notwithstanding the objections of the President, the Senate divided — yeas twenty-two, nays nineteen ; and the bill, not having received two-thirds of the votes, was of course rejected. "The President's Bank-veto message was circulated exten- sively throughout the Union, and proved a popular document in his favor in its effects on the public mind, wherever the Bank was but little known, or in ill-favor. Many of the political friends of the President, however, as well among the people, as in Congress, differed in opinion from him on the subject of the Bank. In the State of Pennsylvania, where the Bank was lo- cated, and where the institution was popular, the President's course was severely censured, and the strength of the Adminis- tration so much diminished, as at one period to make its success doubtful. At a very large meeting of citizens of Philadelphia, composed of his former political friends, in July, 1832, soon after 644 LIFE AND TIMES OF the veto of the President, resolutions were adopted disapproving of his course with regard to the Bank and other public measures, and deprecating his re-election to the Presidency as a national calamity, which they pledge themselves ' to use all lawful and honorable means to avert, by opposing the re-election of Andrew Jackson.' "The subject of the public lands was another matter of im- portance which was agitated. The investigations which were or- dered preliminary to modifying the tariff, afforded an occasion to urge an inquiry into the expediency of reducing the price of the public lands, as connected with the revenue. On the 22d of March, 1832, Mr. Bibb, of Kentucky, an Administration Senator, moved a resolution to that effect, and the Committee on Manu- factures in the Senate was directed to make the inquiry. " The subject of internal improvement was discussed at length during this session. The members from the South, and the sup- porters of the Administration from the Eastern States, and from New York, were decidedly opposed to appropriations of this character; and a systematic effort was generally made by them to defeat the bill introduced making appropriations for that ob- ject, including the improvement of certain rivers and harbors, the Cumberland and other roads, surveys, etc. The bill finally passed both Houses, and having received the sanction of the President, became a law. By the act, as amended in its passage, various appropriations were made for works not enumerated ; it having been extended by these amendments to an amount ex- ceeding one million two hundred thousand dollars, and altogether beyond its original scope, adding thus an additional sanction to the policy of internal improvement. "The other appropriations for internal improvement were contained in a bill for the improvement of certain harbors and rivers, which was not taken up in the House until the 25th of May. Certain amendments were then made; and on the 1st of June, a motion by Mr. Polk, of Tennessee, to strike out the en- acting clause, was lost — yeas seventy-two, nays one hundred and one — and the bill finally passed, ninety-five to sixty-seven. In the Senate, it was taken up on the 3d of July, and in the course of the discussion which ensued, Mr. Clay ' expressed his extreme surprise that the President, after putting his veto on the appro- priations for works of such public utility as the Maysville and Rockville Roads, should have sanctioned the Internal Improve- ANDREW JACKSON. 545 ment Bill, in which appropriations were made to a very large amount, and which differed in principle not one particle from the one he had rejected. What had been the course of the present Administration? They first held appropriations for cer- tain objects of internal improvement to be unconstitutional, and then sanctioned appropriations for other objects depending en- tirely on the same principles with those held to be unconstitu- tional ; and the result has been to open an entire new field of internal improvement. Favorite objects had been considered Constitutional, while objects in States not so much cherished had been held to be local.' Mr. Miller, of South Carolina, said: ' We have just heard that the President has signed the Internal Im- provement Bill, containing appropriations for the most limited and local purposes. I hope we shall never again be referred to the veto of the Maysville and Rockville Roads, as a security against this system. The Senate and House of Representatives, and the President, all concur in this power.' "The Harbor Bill, as it was called, passed the Senate, and was sent to the President for his approbation, on the 13th of July, three days before the close of the session. This bill, which did not differ in principle from the Internal Improvement Bill which he had signed, the President resolved not to sanction, but retained the bill until after the adjournment of Congress, and thus prevented it from becoming a law. "The same course was adopted by the President in relation to a bill providing for the repayment to the respective States of all interest actually paid, for moneys borrowed by them on ac- count of the Federal Government, and expended in the service of the United States. This bill was passed by both Houses at this session, but when it came into the hands of the President, it was doomed to the fate of the Harbor BiU, and was negatived in this novel and indirect manner, to which the opposition gave the name of ' a pocket veto.' " The President having, in his annual message, recommended a modification of the tariff" of duties on imports, the subject was referred to the Committee on Manufactures, which, as well as the Committee of Ways and Means, had been selected by the Speaker (who was hostile to the protective system) with a view to a reduction of the tariff*. Mr. John Quincy Adams was placed at the head of the Committee on Manufactures, which, on the 23d of May, reported a new tariff" bill. Mr. McDuffie, chairman of .S5— G 546 LIFE AND TIMES OF the Committee of Ways and Means, had, at an earlier period of the session, namely, on the 8th of February, reported a bill in- tended to meet the ultra opponents of the protective system, and the report which accompanied it denounced the tarifl' system as imposing a tax upon the South for the benefit of the North, The Secretary of the Treasury, Mr. McLane, on the 27th of April, also transmitted to Congress, in compliance with a resolu- tion of the House, a bill for a reduction of the tariff, with a report giving his views on this topic. " Before the report of the Secretary was printed Mr. McDufRe brought on the discussion of the bill reported by him. On the 1st of June a motion was made to strike out the first section, ■which was carried — eighty-one yeas to forty-one nays. "Mr. Adams's bill was then taken up, and after a long and animated discussion, it passed the House, with few amendments, by one hundred and thirty-two yeas to sixty-five nays, many of the opponents of protection voting in the afiirmative. The bill finally passed the Senate on the 9th of July, yeas thirty-two, nays sixteen, and, receiving the sanction of the President, became a law. " This act provided for a grtat reduction of the revenue, and for no small diminution of the duties on the protected articles of domestic manufacture, but it was a direct admission of the prin- ciple of protection, and it was so regarded by all parties. It was, however, a great concession on the part of the friends of the pro- tective system to the advocates of ' free trade,' and as such, a general expectation prevailed that it w^ould be received by the dominant party in South Carolina, and that a temporary calm at least would succeed the agitafton upon this exciting topic. " Difi'erent views, it appeared, were entertained by the leaders of that party, and the very day after the passage of this act, the Kepresentatives of South Carolina, who thought nullification the rightful remedy, met at Washington, and published an address to the people of South Carolina on the subject of the tariff. In that address they assert, that in the act just passed the duties upon' the protected articles Avere augmented, while the diminu- tion was made only in the duties upon the unprotected articles ; that in this manner the burden of supporting the Government was thrown exclusively on the Southern States, and the other States gained more than they lost by the operations of the revenue system. ANDREW JACKSON. 547 "The address concludes thus: 'They will not pretend to sug- gest the appropriate remedy, but after expressing their solemn and deliberate conviction that the protective system must uow be regarded as the settled policy of the country, and that all hope of relief from Congress is irrecoverably gone, they leave it with you, the sovereign power of the State, to determine whether the rights and liberties which you received as a precious inheritance from an illustrious ancestry, shall be tamely surrendered without a struggle, or transmitted undiminished to your posterity." Out of the heated debates of this session some shameful difficulties arose, in which, as usual, the President was, to some extent, concerned. To Thomas H. Benton has been attributed these words, uttered when the rencounter of 1813 was fresh in his mind :— "If General Jackson shall be elected, he wiU surround him- self with a pack of political bull-dogs, to bark at all who oppose his measures. For myself, as I can not think of legislating with a brace of pistols in my belt, I shall, in the event of the election 01 Oreneral Jackson, resign my seat in the Senate, as every inde- pendent man will have to do, or risk his life or honor." Whether Mr. Benton gave utterance to this hope- ful sentiment or not, during this session of Congress things were squally enough. Sam Houston, one of the finest specimens of a Western fighter, wanted the contract for furnishing the supplies for the Indians, then preparing to move to their new home on the other side of the Mississippi, and put in his bid at about twice what it was believed the amount should be. General Jackson at once espoused Houston's cause, and was extremely anxious that the contract should be awarded to him at his own figures. Hous- ton was not successful, but the case brought out warm words in the House, Mr. William Stanberry, of Ohio, having referred to the attempt to give Houston the contract, as fraudulent. For this Houston fell upon 548 LIFE AND TIMES OF Stanberry in the street, and beat him shamefully. Houston was brought before the House, of which lie was a member, and gently reprimanded by sympa- thetic Andrew Stevenson. He was, however, subse- quently tried and fined in a Washington Court. Thomas D. Arnold, another member, for speaking of the outrage on Stanberry, was attacked and shot at in the Capitol, by a friend of Houston. The President not only very decidedly approved the shameful and brutal conduct of Houston and his friend, and expressed himself in favor of that method of keeping quiet the officious and unruly tongues of Congressmen, but also a year or two afterwards re- mitted the fine, by proclamation, which had been imposed on Houston by the District Court. Although General Jackson still adhered to this unchristian and brutal way of settling differences, and never did be- come able to look with moderation or reason upon opposition to his will or acts, the " bull-dog " traits of his times at Washington were, perhaps, little more apparent than formerly. Dueling had always dis- graced the Capital of the 'Nation, and in the very Halls of Congress equally disreputable scenes had been witnessed. And during the Administration of John Quincy Adams that model Executive and man would take no direct part in the many attempts to put down the unmanly and infernal practice of dueling in the District, believing, he said, that noth- ing could then be done, and objecting himself to the methods proposed. Congress adjourned on the 16th of July, 1832, and from this time until November little was thought of or talked about throughout the country but the Presidential election. ANDREW JACKSON. 549 CHAPTER XXVIII. PRESIDENTIAL ELECTION OF 1832— CHOLERA RAVAGES- FOURTH ANNUAL MESSAGE— BLACK HAWK- NULLIFICATION. AH ! yes. There was one other thing which more deeply concerned the people of the United States during the sad summer of 1832, than the strife for the Presidency. In June, the " cholera," which had raged in Europe the year before, reached this continent, and soon spread from Quebec to New Orleans, strangely skipping some localities where its ravages were nat- urally most to be expected, and " attacking " other places endowed with peculiarly favorable health-con- ditions, as it was supposed. Thousands fell before the unmanageable scourge, whose track was marked by desolation and sorrow. In spite of all this, however, the Presidential contest went on with great spirit and bitterness. Soon after the beginning of the last ses- sion of Congress numerous petitions were presented by Mr. Adams in the House asking the abolition of the slave-trade, and of slavery itself in the District of Columbia. A somewhat extended account of the slavery issue has been attempted in other volumes of this work. Although this evil question had little prominence at this time, yet it was not without its influence in the election of 1832. Nothing was more apparent than the disposition of the South to give 550 LIFE AND TIMES OF preference to Southern men over Northern men of Southern policy. New issues were arising. Jackson's Administration had already furnished plentiful ma- terial for conflict ; the United States Bank, the tariff, the revenues, nullification, and other subjects which were of great importance to the country. The ex- traordinary course of the new Administration, of the Jacksonian "reign," had led to a reformation of the old dominant Democratic or Republican party, and also given rise to the new party, the Whig or National Republican. Nullification had yet not been quieted. Irreconcilable difficulties appeared in the way of the Government ; and there were men in and out of Con- gress at that very time who believed, or pretended to believe, that the way to solve the troubles of the country was to divide it into two governments. Even General Samuel Smith, of Baltimore, whose own for- tunes were bankrupt, in perfect calmness and good humor, advocated the separation of the Union, with the Potomac as the boundary between the two parts. On the 9th of August, 1831, at the Broadway House in New York, John C. Calhoun was nominated for the Presidency by a very respectable company of men. In September of the same year, the Anti-Masons met in convention at Baltimore, where it was previously designed to nominate Judge John McLean as their can- didate for that office. But Mr. McLean declined the honor, and William Wirt was unfortunately induced to accept the nomination for the Presidency, while Amos EUmaker, of Pennsylvania, was selected as the candi- date for the Vice-Presidency. The Whigs greatly re- gretted this event, as Mr. Wirt was a Whig, and few men in the new party stood higher than did he. Then, ANDREW JACKSON. 551 too, a large majority of the Anti-Masons were Whigs or National Republicans. It was fully understood that Mr. Clay was to be the Whig candidate, and as he was a Mason, nominally, at least, the Anti-Masons could not support him, although they were mainly op- ponents of the Administration. The Anti-Masons had met in the previous September, at Philadelphia, but about all they had accomplished at that time was pro- viding for this convention, in 1831. At the former meeting ninety-six delegates were present, and although little was done .by them, they constituted really the first National Convention of a strictly partisan char- acter which had ever assembled in the country. On the 12th of December, 1831, the Whigs, or National Re- publicans, as they were sometimes called, in contradis- tinction to the Jacksonian Republicans or Democrats, met in convention at Baltimore. One hundred and fifty-soA^en delegates were present, representing seven- teen States and the District of Columbia. Mr. Clay was unanimously nominated for the Presidency by this convention, and John Sergeant, of Pennsylvania, was chosen for the Vice-Presidency. General Jackson had indicated his willingness to serve for another term, and early in the summer of 1831, it was well understood that he was to be the candidate of his own party. The " Kitchen Cabinet " had the entire management of the case, and the leaders throughout the country moved as directed by this privy council. Four Such men as Wm. B. Lewis, Isaac Hill, Amos Kendall, and Francis P. Blair, as cunning and skillful political managers, can nowhere else be seen in the history of the country. And when General Jackson is placed behind this rare quartet of 552 LIFE AND TIMES OF artful manipulators, the picture becomes complete. The " Kitchen Cabinet" decided that the convention should not be held until in May, 1832, and the only thing for it to do was the formal nomination. They had so managed the matter that even as to the Vice- Presidency there could be no mistake. Mr. Van Buren was to be nominated, and then, it was the will of Gen- eral Jackson that " Matty " was to succeed him in the White House. Accordingly the convention assembled on the 21st of May, 1832, in Baltimore. Judge Thomas Overton was to be the presiding officer, but illness kept him away, and the next best man, William Car- roll, of Tennessee, was put in the chair. With all the authoritative management beforehand, it was found that entire unanimity did not prevail as to the Vice- Presidency. Colonel Richard M. Johnson and Philip P. Barbour were brought out, and a small vote divided between them, but Mr. Van Buren had more than the requisite number provided for in this convention, and was nominated. Mr. Calhoun was dropped from the race, and the nullifiers of South Carolina gave the vote of that State to John Floyd, of Virginia, and Henry Lee, of Massachusetts. The " Kitchen Cabinet " took the lead in the management on the Jacksonian side, and a hot campaign it was. In these Jackson campaigns the name of " Old Hickory " was turned to every possible advantage. As the General had sailed up the Ohio on his way to the Capital in 1829, the steamboat was strangely decorated with new split hickory brooms. This idea extended to hickory poles which long ago became the exclusive property of the Democratic party. These hickory poles were finally mounted by ANDREW JACKSON. 553 roosters, appropriate and plucky emblems for General Jackson and his party, the selection of which came naturally enough perhaps, from the General's early practice of cock-fighting. While this campaign was in full blast President Jackson took occasion to visit Ten- nessee, and remained at the Hermitage several weeks. On this trip the General turned his popularity to good account in every way possible. He talked of Nicholas Biddle, " Old Nick," as he was familiarly called in the newspapers, and on the banners in the Jackson pro- cessions, and of the monster monopoly that he was determined to crush. He also displayed his golden coin, the hard hickory money which he was fighting to put into the hands and pockets of the people, whose servant he was. The style of General Jackson was always more or less that of the demagogue ; but his fondest sentiment was involved in the belief that he was the embodiment of the " will of the people." After his extraordinary success at this election, this theory became still more absolute with him. The supporters of General Jackson had now many arguments in his favor which they lacked in the former races. They claimed, without proper respect for truth in all cases, that Jackson had restored the management of governmental affairs to the simplicity and principles of Thomas Jefferson ; that he had stopped corruption in the public expenditures and given a general direc- tion to affairs in favor of the people ; that he was op- posed to great monopolies in general, and the Bank of the United States in particular; that he had greatly increased the foreign trade of the country, and man- aged the foreign relations with unusual success ; that he was safe on tariffs, internal improvements, and 554 LIFE AND TIMES OF distribution of revenue ; and, above all, that he was one of the people, sprang from the people, represented the people, was the great defender of the people, the Hero of New Orleans ; and it was the business of the people to shout for him, and elect him, because he was a part of themselves, a man of passions and qualities not unlike the lowest of them, or the highest of them ; and in his triumph they would be individually and collectively triumphant. Some efforts were made to unite the interests of the small faction of nullifiers with the Whigs, with the hope of serving Mr. Calhoun, but nothing came of this, and out of South Carolina, these mainly became identified with the opposition to Jackson. The Whigs had now not only the bank, tariff, internal improve- ment, and several other important issues which they set forward in great strength with the very consider- able personal account against General Jackson, utilized in 1824 and 1828 ; but also no little additional matter gathered from his career at the head of the Govern- ment. The Whig press was wonderfully active. The opportunity for caricature was supposed to be extraor- dinarily good, and advantage was taken of it in every conceivable way. The main figure in these caricatures, of course, was General Jackson ; but he was often very ludicrously associated with the Bank of the United States, the " Kitchen Cabinet," Mr. Van Buren, the Devil, the " Pocket Veto," etc. One of the most harmless but ludicrous of these caricatures represented Van Buren as a baby in the arms of the General, who was fondly engaged in giving him pap from a spoon. The old ground was gone over, back to the Creek war, and even to Jackson's youth in Carolina. ANDREW JACKSON. 555 But some of the old scores were not repeated at this time. For instance, the celebrated " coffin hand- bills " of John Binns, in 1824, were not now brought forward. Poor Binns was a Democrat of the straitest sect, but he believed General Jackson was entirely unfit to be President, and hence he gave the earnest efforts of the " Democratic Press " to the support of Mr. Crawford in 1824, and Mr. Adams in 1828. In this course he was greatly the loser. Who ever op- posed General Jackson without being a loser? Binns says on this point : " My opposition to General Jackson had great influence, not only upon my editorial and po- litical position in the United States, but it and my op- position to Governor Findlay, in Pennsylvania, in 1819 and 1820, sadly affected my pecuniary affairs." But he manfully adds : " I have, however, never regretted that I adhered to what I believed to be the truth, even though my determination not only shut me out from all approach to the public crib, but was the cause of my never recovering thousands which I had honestly earned." Of General Jackson's efforts to enlist him and his paper in his cause, at his second race, Mr. Binns says : — "Soon after General Jackson's nomination by the party, General Eaton, then the special confidant and political friend of General Jackson, and one with whom I had had some previous personal intercourse, called on me, with the declaration that he was authorized by General Jackson to assure me that, ' if I would advocate the election of.the General, when he was elected Presi- dent, I should, if I thought well of it, remove to Washington City, become the editor aud proprietor of the Government news- paper, and do as much as I chose of the public printing ; or, if I did not wish to leave Philadelphia, as much of the ptiblic print- ing as I desired should be forwarded to Philadelphia for me to 556 LIFE AND TIMES OF do, at the Government prices.' I assured General Eaton that ' I was as grateful as any man could be for the distinguished services which General Jackson had rendered the United States, but that, after what I had Avritten and published in relation to the Gen- eral, I could not, from self-respect, give myself the lie direct, as I must do, if I were now to advocate his election.' Two or three weeks after this interview with General Eaton, I was called upon by three gentlemen, of high standing in the Democratic party : Thomas Leiper, James Ronaldson, and Samuel Carswell. To all these gentlemen I had, for many years, had the honor to be per- sonally known, and had frequently served on Democratic com- mittees with them ; I was sensible of their zeal and influence, of their liberality and their services, as members of the party, and of their personal good-will toward myself. Their business was in substance, and opened in language very much the same as that which had been used by General Eaton. I listened with at- tention and respect, expressed my thanks for their visit, was sure it was consequent upon their desire to serve me, and regretted that I was unable to see any honorable way in which I could follow their advice, and advocate the election of General Jackson. I represented how impossible it was, with a proper sense of self- respect, to act as they were desirous I should act. I believed that the objections I had alleged against General Jackson were founded on fact, and for me to turn such a somerset as they pro- posed, must inevitably disgrace myself, without reflecting honor upon or doing service to the General. I have never doubted but (that) General Jackson would have fulfilled all the promises made by his friends. He was so much a man of impulse, so anxious to succeed, and so grateful to his partisans, that he would have labored hard to serve them, even beyond his promises. All the world are aware how much the General labored to overpay his friends and partisans at the public expense." In this campaign the Whigs (" Democratic Whigs," or National Republicans) made great use of the fact that the Jacksonian party had not sent out a state- ment of principles, had not deigned to do more than merely recommend the public defenders to make such explanations to the people as they should deem neces- sary from the circumstances. This was a wide field, ANDREW JACKSON. 557 indeed. But platforms were not suited to the case. General Jackson was the beginning and the end of all arguments. He was not a man of " platforms," and it was enough for his supporters to say Jackson, and " Hurrah for Jackson " rang from one end of the coun- try to the other. But the fine Whig " platform," the great '' Commoner " at the head of the Whig ticket, and all the efforts of the Whig party, were trifles in the way of General Jackson, whose success was even beyond his own expectations. Prophets had announced that the Bank A^eto would kill Jackson and prevent his election, if nothing else could. It was a mistake. Every adverse precjiction as to General Jackson was a mistake. Nothing could kill him. Everything he did, right or wrong, advanced him in the public favor. During the summer of 1832 occurred the war with Black Hawk, the courageous chief who resisted the purposes of the United States in removing him and his people from their old homes on the east of the Missis- sippi. A full account of this war may be found in a succeeding volume of this work. The following state- ment will place the matter in sufficient prominence in connection with this Administration : — "Some difficulties occurred with the Indian tribes on the north-western frontier of the United States during the year 1832. A treaty had been made in 1830 with the Sacs and Foxes, by which they agreed to cede their lands to the United States, and to remove beyond the Mississippi. As they did not promptly comply with the treaty, and one band, under a noted chief named Black Hawk, evinced a determination to maintain possession of their old village, John Reynolds, Governor of Illinois, chose to construe their continued residence in the ceded territory as an invasion of the State ; and, under his authority to protect the State from invasion, he ordered out seven hundred militia to re- move the Indians beyond the Mississippi, according to the treaty. 558 LIFE AND TIMES OF "This interference with the peculiar duties of the Federal Government compelled the officer commanding the United States troops in that quarter to co-operate with him, in order to prevent a collision between the State militia and the Indians. Overawed by the imposing force brought against them, they yielded to ne- cessity, and crossed the Mississippi, but gathering strength on the western bank of the river, and exasperated at the harsh treatment they had received, Black Hawk and his party resolved on commencing a predatory war on the frontier settlements. In the month of March, 1832, Black Hawk assembled a band of Sacs and Foxes, which, united with the Winnebagoes, under the con- trol of their prophet, were about one thousand in number, and crossed the Mississippi in a hostile manner. They afterward an- noyed the people in the mining district of Wisconsin, and mur- dered a number of defenseless families. The alarm became gen- eral on the frontier, and many settlers fled from their farms. The militia were called out, and, joined with about four hundred United States regular troops, under the command of General At- kinson, pursued the Indians ; and after a campaign of about two months, during which two engagements were fought, and the In- dians lost over two hundred men killed, the war was brought to an end. Black Hawk was taken prisoner by a party of friendly Indians, and he, with the prophet and other leaders, was taken, by order of the Government, through the principal cities and towns on the seaboard, to show them the power of the United States, after which they gave no further trouble. Treaties were made with the offending tribes, by which they agreed to com- pensate for the expense of the war by a cession of a valuable part of their territory, and to immediately remove to the west bank of the Mississippi. The United States stipulated to pay thirty thousand dollars annually to the three tribes for twenty- seven years, and other provisions were made for their improve- ment and civilization." On the 3d of December, 1832, Congress convened for the short session ending March 3d, 1833. Hugh L. White, of Tennessee, was elected president of the Senate, jcro tempore, in the absence of the Vice-Presi- dent. Mr. Calhoun had been elected to the Senate in the place of R. Y. Hayne, who had become Governor ANDREW JACKSON. 559 of South Carolina, and soon after the opening of the session, took his seat in that body under the most unfortunate, suspicious, and unfavorable conditions in the course of his history. President Jackson now sent to Congress his FOURTH ANNUAL MESSAGE. December 4, 1S32. Fellow-citizens of the Senate and House of Eepeesentatives : — It gives me pleasure to congratulate you upou your return to the seat of government, for the purpose of discharging your duties to the people of the United States. Although the pesti- lence which had traversed the Old World has entered our limits, and extended its ravages over much of our land, it has pleased Almighty God to mitigate its severity, and lessen the number of victims, compared with those who have fallen in most other coun- tries over which it has spread its terrors. Notwithstanding this visitation, our country presents on every side marks of pros- perity and happiness, unequaled, perhaps, in any other portion of the world. If we fully appreciate our comparative condition, existing causes of discontent will appear unworthy of attention, and with hearts of thankfulness to that Divine Being who has filled our cup of prosperity we shall feel our resolution strength- ened to preserve and hand down to posterity that liberty and that Union which we have received from our fathers, and which con- stitute the sources and the shield of our blessings. The relations of ovir country continue to present the same picture of amicable intercourse that I had the satisfaction to hold up to your view at the opening of your last session. The same friendly professions, the same desire to participate in our flourish- ing commerce, the same disposition to refrain from injuries unin- tentionally offered, are, with few exceptions, evinced by all nations with Whom we have any intercourse. This desirable state of things may be mainly ascribed to our undeviating practice of the rule which has long guided our national policy, to require no exclusive privileges in commerce, and to grant none. It is daily producing its beneficial efl'ect in the respect shown to our flag, the protection of our citizens and their property abroad, and in the increase of our navigation, and the extension of our mercantile operations. The returns which have been made out since we last 560 LIFE AND TIMES OF met, will show an increase, during the last preceding year, of more that 80,000 tons in our shipping, and of near forty millions of dollars in the aggregate of our imports and exports. Nor have we less reason to felicitate ourselves on the position of our jDolitical than of our commercial concerns. They remain in the state in which they were when I last addressed you, a state of prosperity and peace, the effect of a wise attention to the parting advice of the revered Father of his Country on this sub- ject, condensed into a maxim for the use of posterity, by one of his most distinguished successors, to cultivate free commerce and honest friendship with all nations, but to make entangling alli- ances with none. A strict adherence to this policy has kept us aloof from the perplexing questions that now agitate the Eu- ropean world, and have more than once deluged those countries with blood. Should those scenes unfortunately recur, the par- ties to the contest may count on a faithful performance of the duties incumbent on us as a neutral nation, and our own citizens may equally rely on the firm assertion of their neutral rights. With the nation that was our earliest friend and ally in the infancy of our political existence, the most friendly relations have subsisted through the late revolutions of its government; and from the events of the last, promise a permanent duration. It has made an approximation in some of its political institutions to our own, and raised a monarch to the throne who preserves, it is said, a friendly recollection of the period during which he acquired among our citizens the high consideration that could then have been produced by his personal qualifications alone. Our commerce with that nation is gradually assuming a mutu- ally beneficial character, and the adjustment of the claims of our citizens has removed the only obstacle there was to an inter- course not only lucrative, but productive of literary and scientific improvement. From Great Britain, I have the satisfaction to inform you that I continue to receive assurances of the most amicable dispo- sition, which have, on my part on all proper occasions been promptly and sincerely reciprocated. The attention of that gov- ernment has latterly been so much engrossed by matters of a deeply interesting domestic character, that we could not press upon it the renewal of negotiations which had been unfortu- nately broken off by the unexpected recall of our minister, who had commenced them with some hopes of success. My great ANDKEW JACKSON. 561 object was the settlement of questions which, though now dor- mant, might hereafter be revived under circumstances that would endanger the good understanding which it is the interest of both parties to preserve inviolate, cemented as it is by a community of language, manners, and social habits, and by the high obliga- tions we owe to our British ancestors for many of our most val- uable institutions, and for that system of representative govern- ment which has enabled us to preserve and improve them. The question of our north-eastern boundary still remains unset- tled. In my last annual message, I explained to you the situa- tion in which I found that business on my coming into office, and the measures I thought it my duty to pursue for asserting the rights of the United States, before the sovereign who had been chosen by my predecessor to determine the question ; and also the manner in which he disposed of it. A special message to the Senate, in their executive capacity, afterward brought before them the question, whether they would advise a submission to the opinion of the sovereign arbiter. That body having consid- ered the award as not obligatory, and advised me to open a further negotiation, the proposition was immediately made to the British Government ; but the circumstances to which I have alluded have hitherto prevented any answer being given to the overture. Early attention, however, has been promised to the subject, and every effort on my part will be made for a satisfactory settle- ment of this question, interesting to the Union generally, and par- ticularly so to one of its members. The claims of our citizens on Spain are not yet acknowledged. On a closer investigation of them than appears to have hereto- fore taken place it was discovered that some of these demands, however strong they might be upon the equity of that govern- ment, Avere not such as could be made the subject of national interference. And, faithful to the principle of asking nothing but what was clearly right, additional instructions have been sent to modify our demands so as to embrace those only on which, according to the laws of nations, we had a strict right to insist. An inevitable delay in procuring the documents necessary for this review of the merits of these claims, retarded this operation,' until an unfortunate malady which has afflicted his Catholic Majesty, prevented an examination of them. Being now for the first time presented in an unexceptionable form, it is confidently hoped the application will be successful. 36— G 562 LIFE AND TIMES OF I have the satisfaction to inform you that the application I directed to be made for the delivery of a part of the archives of Florida, which had been carried to the Havana, has produced a royal order for their delivery, and that measures have been taken to procure its execution. By the report of the Secretary of State, communicated to you on the 25th of June last, you Avere informed of the conditional reduction obtained by the Minister of the United States at Madrid, of the duties on tonnage levied on American shipping in the ports of Spain. The condition of that reduction having been complied with on our part, by the act passed on the 13th of July last, I have the satisfaction to inform you that our ships now pay no higher nor other duties, in the continental ports of Spain, than are levied on their national vessels. The demands against Portugal for illegal captures in the blockade of Terceira have been allowed to the full amount of the accounts presented by the claimants, and payment was prom- ised to be made in three installments. The first of these has been paid; the second, although due, had not, at the date of our last advices, been received, owing, it was alleged, to embarrass- ments in the finances, consequent on the civil war in which the nation is engaged. The payments stipulated by the convention with Denmark have been punctually made, and the amount is ready for distri- bution among the claimants as soon as the board, now sitting, shall have performed their functions. I regret that, by the last advices from our charge d'affaires at Naples, that government had still delayed the satisfaction due to our citizens; but, at that date, the effect of the last instruc- tions was not known. Dispatches from thence are hourly ex- pected and the result will be communicated to you without delay. With the rest of Europe our relations, political and commer- cial, remain unchanged. Negotiations are going on, to put on a permanent basis the liberal system of commerce now carried on between us and the Empire of Russia. The treaty concluded with Austria is executed by his Imperial Majesty with the most perfect good faith ; and as we have no diplomatic agent at his Court, he personally inquired into, and corrected a proceeding of some of his subaltern officers, to the injury of our consul in one of his ports. Our treaty with the Sublime Porte is producing its expected ANDREW JACKSON. 563 effects on our commerce. New markets are opening for our commodities, and a more extensive range for the employment of our ships. A slight augmentation of the duties on our com- merce, inconsistent with the spirit of the treaty, had been im- posed; but, on the representation of our charge d'affaires, it has been promptly withdrawn, and we now enjoy the trade and navigation of the Black Sea, and of all the ports belonging to the Turkish empire and Asia, on the most perfect equality with all foreign nations. I wish earnestly that, in announcing to you the continuance of friendship, and the increase of a profitable commercial inter- course with Mexico, with Central America, and the States of the South, I could accompany it with the assurance that they all are blessed with that internal tranquillity, and foreign peace, which their heroic devotion to the cause of their independence merits. In Mexico, a sanguinary struggle is now carried on, which has caused some embarrassment to our commerce; but both parties profess the most friendly disposition toward us. To the termination of this contest, we look for the establishment of that secure intercourse, so necessary to nations whose territories are contiguous. HoW important it will be to us, we may calcu- late from the fact that, even in this unfavorable state of things, our maritime commerce has increased, and an internal trade, by caravans, from St. Louis to Santa Fe, under the protection of escorts furnished by the Government, is carried on to great advantage, and is daily increasing. The agents provided for by the treaty with this power, to designate the boundary which is established, have been named on our part ; but one of the evils of the civil war now raging there, has been, that the appoint- ment of those with whom they were to co-operate has not yet been announced to us. The government of Central America has expelled from its territory the party which some time since disturbed its peace. Desirous of fostering a favorable disposition toward us, which has on more than one occasion been evinced by this interesting country, I made a second attempt in this year to establish a di- plomatic intercourse with them ; but the death of the distin- guished citizen whom I had appointed for that purpose has retarded the execution of measures from which I hoped much advantage to our commerce. The union of the three States which formed the Republic of Colombia has been dissolved, but they 564 LIFE AND TIMES OF all, it is believed, consider themselves as separately bound by the treaty which was made in their federal capacity. The minister ac- credited to the federation continues in that character near the Gov- ernment of New Grenada ; and hopes were entertained that a new union would be formed between the separate States, at least for the purposes of foreign intercourse. Our minister has been instructed to use his good offices, whenever they shall be desired, to produce the reunion so much to be wished for the domestic tranquillity of the parties, and the security and facility of foreign commerce. Some agitations, naturally attendant on an infant reign, have prevailed in the Empire of Brazil, which have had the usual effect upon commercial operations ; and while they suspended the consideration of claims created on similar occasions, they have given rise to new complaints on the part of our citizens. A proper consideration for calamities and difficulties of this nature has made us less urgent and peremptory in our demands for jus- tice than duty to our fellow-citizens would, under other circum- stances have required. But their claims are not neglected, and will, on all proper occasions, be urged and, it is hoped, with effect. I refrain from making any communication on the subject of our affairs with Buenos Ayres, because the negotiation commu- nicated to you in my last annual message was, at the date of our last advices, still pending, and in a state that would render a publication of the details inexpedient. A treaty of amity and commerce has been formed with the Republic of Chili, which, if approved by the Senate, will be laid before you. That government seems to be established, and at peace with its neighbors ; and its ports being the resort of our ships, which are employed in the highly important trade of the fisheries, this commercial convention can not but be of great ad- vantage to our fellow-citizens engaged in that perilous but profit- able business. Our commerce with the neighboring State of Peru, owing to the onerous duties levied on our principal articles of export, has been on the decline, and all endeavors to procure an alteration have hitherto proved fruitless. With Bolivia we have yet no dip- lomatic intercourse, and the continual contests carried on between it and Peru have made me defer, until a more favorable period, the appointment of any agent for that purpose. An act of atrocious piracy having been committed on one of our trading ships by the inhabitants of a settlement on the ANDREW JACKSON. 565 west coast of Sumatra, a frigate was dispatched with orders to demand satisfaction for the injury, if those who committed it should be found members of a regular government, capable of maintaining the usual relations with foreign nations ; but if, as it was supposed, and as they proved to be, they were a band of law less pirates, to inflict such a chastisement as would deter them and others from like aggressions. This last was done, and the efect has been an increased respect for our flag in those distant seas, and additional security for our commerce. In the view I have given of our connections with foreign powers, allusions have been made to their domestic disturbances or foreign wars, to their revolutions or dissensions. It may be proper to observe that this is done solely in cases where those events afiect our political relations with them, or to show their operation on our commerce. Further than this, it is neither our policy nor our right to interfere. Our best wishes on all occa- sions, our good offices when required, will be afforded to promote the domestic tranquillity and foreign peace of all nations with whom we have any intercourse. Any intervention in their affairs further than this, even by the expression of an official opinion, is contrary to our principles of international policy, and will always be avoided. The report which the Secretary of the Treasury will, in due time, lay before you, will exhibit the national finances in a highly prosperous state. Owing to the continued success of our com- mercial enterprise, Avhich has enabled the merchants to fulfiU their engagements with the Government, the receipts from cus- toms during the year will exceed the estimate presented at the last session ; and, with the other means of the Treasury, will prove fully adequate, not only to meet the increased expenditures resulting from the large appropriations made by Congress, but to provide for the payment of all the public debt which is at pres- ent redeemable. It is now estimated that the customs will yield to the Treasury, during the present year, upward of twenty-eight millions of dollars. The public lands, however, have proved less productive than was anticipated ; and, according to present infor- mation, will fall short of two millions. The expenditures for all objects other than the public debt, are estimated to amount, dur- ing the year, to about sixteen millions of dollars, while a still larger sum, viz., eighteen millions of dollars, will have been applied to the principal and interest of the public debt. 566 LIFE AND TIMES OF It is expected, however, that in consequence of the reduced rates of duty, which will take effect after the 3d of March next, there will be a considerable falling off in the revenue from the customs in the year 1833. It will, nevertheless, be amply suf- ficient to provide for all the wants of the public service, esti- mated even upon a liberal scale, and for the redemption and pur- chase of the remainder of the public debt. On the 1st of January next, the entire public debt of the United States, funded and unfunded, will be reduced to within a fraction of seven millions of dollars ; of which two millions two hundred and twenty-seven thousand three hundred and sixty-three dollars are not, of right, redeemable until the 1st of January, 1834, and four millions seven hundred and thirty-five thousand two hundred and ninety-six dollars, not until the 2d of January, 1835. The Commissioners of the Sinking Fund, however, being invested with full authority to purchase the debt at the market price, and the means of the Treasury being ample, it may be hoped that the whole will be extinguished within the year 1833. I can not too cordially congratulate Congress and my fellow- citizens on the near approach of that memorable ^and happy event, the extinction of the public debt of this great and free Nation. Faithful to the wise and patriotic policy mai-ked out by the legislation of the country for this object, the present Admin- istration has devoted to it all the means which a flourishing com- merce has supplied, and a prudent economy preserved for the public Treasury. Within the four years for which the people have confided the Executive power to my charge, fifty-eight mill- ions of dollars will have been applied to the payment of the pub- lic debt. That this has been accomplished without stinting the expenditures for all other proper objects, will be seen by refer- ring to the liberal provision made, during the same period, for the support and increase of our means of maritime and military defense, for internal improvements of a national character, for the removal and preservation of the Indians, and, lastly, for the gallant veterans of the Revolution. The final removal of this great burthen from our resources affords the means of further provision for all the objects of general welfare and public defense which the Constitution authorizes, and presents the occasion for such further reduction in the rev- enue as may not be required for them. From the report of the Secretary of the Treasury, it will be seen that, after the present ANDREW JACKSON. 667 year, such a reduction may be made to a considerable extent; and tlie subject is earnestly recommended to the consideration of Congress in the hope that the combined wisdom of the represen- tatives of the people will devise such means of effecting that salutary object, as may remove those burthens which shall be found to fall unequally upon any, and as may promote all the great interests of the community. Long and patient reflection has strengthened the opinions I have heretofore expressed to Congress on this subject ; and I deem it my duty, on the present occasion, again to urge them upon the attention of the Legislature. The soundest maxims of public policy, and the principles upon which our republican in- stitutions are founded, recommend a proper adaptation of the revenue to the expenditure, and they also require that the ex- penditure shall be limited to what, by an economical administra- tion, shall be consistent with the simplicity of the Government, and necessary to an efficient public service. In effecting this adjustment, it is due, in justice to the interests of the different States, and even to the preservation of the Union itself, that the protection afforded by existing laws to any branches of the national industry should not exceed what may be necessary to counteract the regulations of foreign nations, and to secure a supply of those articles of manufacture essential to the national independence and safety in time of war. If, upon investigation, it shall be found, as it is believed it will be, that the legislative protection granted to any particular interest is greater than is indispensably requisite for these objects, I recommend that it be gradually diminished, and that, as far as may be consistent with these objects, the whole scheme of duties be reduced to the reve- nue standard as soon as a just regard to the faith of the Govern- ment, and to the preservation of the large capital invested in establishments of domestic industry will permit. That manufactures adequate to the supply of our domestic consumption would, in the abstract, be beneficial to our country, there is no reason to doubt; and, to effect their establishment, there- is, perhaps, no American citizen who would not, for a while, be willing to pay a higher price for them. But, for this purpose, it is presumed that a tariff" of high duties, designed for perpetual protection, has entered into the minds of but few of our statesmen. The most they have anticipated is a temporary and, generally, incidental protection, which they maintain has the 568 LIFE AND TIMES OF effect to reduce the price by domestic competition below that of the foreign article. Experience, however, our best guide on this as on other subjects, makes it doubtful whether the advantages of this system are not counterbalanced by many evils, and whether it does not tend to beget, in the minds of a large portion of our countrymen a spirit of discontent and jealousy dangerous to the stability of the Union. * AVhat then shall be done? Large interests have grown up under the implied pledge of our national legislation, which it would seem a violation of public faith suddenly to abandon. Nothing could justify it but the public safety, which is the supreme law. But those who have vested their capital in manu- facturing establishments can not expect that the people will con- tinue permanently to pay high taxes for their benefit, when the money is not required for any legitimate purpose in the adminis- tration of the Government. Is it not enough that the high duties have been paid as long as the money arising from them could be applied to the common benefit in the extinguishment of the public debt? Those who take an enlarged view of the condition of our country must be satisfied that the policy of protection must be ultimately limited to those articles of domestic manufacture which are indispensable to our safety in time of war. Within this scope, on a reasonable scale, it is recommended by every consid- ation of patriotism and duty, which will, doubtless, always secure to it a liberal and efficieut support. But, beyond this object, we have already seen the operation of the system productive of dis- content. In some sections of the Republic its influence is depre- cated as tending to concentrate wealth into a few hands, and as creating those germs of dependence and vice which, in other countries, have characterized the existence of monopolies, and proved so destructive of liberty and the general good. A large portion of the people, in one section of the Republic, de- clares it not only inexpedient on these grounds, but as disturbing the equal relations of property by legislation, and therefore unconstitutional and unjust. Doubtless these effects are, in a great degree, exaggerated, and may be ascribed to a mistaken view of the considerations which led to the adoption of the tariff system ; but they are, nevertheless, important in enabling us to review the subject with a more thorough knowledge of all its bearings upon the great ANDREW JACKSON. 569 interests of the republic, and with a determination to dispose of it so that none can with justice complain. It is my painful duty to state, that in one quarter of the United States, opposition to the revenue laws has arisen to a height which threatens to thwart their execution, if not to en- danger the integrity of the Union. Whatever obstructions may be thrown in the way of the judicial authorities of the General Government, it is hoped they will be able peaceably to overcome them by the prudence of their own officers and the patriotism of the people. But should this reasonable reliance on the moderation and good sense of all portions of our fellow-citizens be disappointed, it is believed that the laws themselves are fully adequate to the suppression of such attempts as may be immediately made. Should the exigency arise, rendering the execution of the existing laws impracticable, from any cause whatever, prompt notice of it will be given to Congress, with a suggestion of such views and measures as may be deemed necessary to meet it. lu conformity with principles heretofore explained, and with the hope of reducing the General Government to that simple machine which the Constitution created, and of withdrawing from the States all other influence than that of its universal beneficence in preserving peace, affording a uniform currency, maintaining the inviolability of contracts, diffiisiug intelligence, and discharg- ing unfelt its other superintending functions, I recommend that provision be made to dispose of all stocks now held by it in cor- porations, whether created by the General or State Governments, and placing the proceeds in the treasury. As a source of profit, these stocks are of little or no value ; as a means of influence among the States, they are adverse to the purity of our institu- tions. The whole principle on which they are based is deemed by many unconstitutional, and to persist in the policy which they indicate is considered wholly inexpedient. It is my duty to acquaint you with an arrangement made by the Bank of the United States with a portion of the holders of the three per cent stock, by which the Government will be de- prived of the use of the public funds longer than was anticipated. By this arrangement, which will be particularly explained by the Secretary of the Treasury, a surrender of the certificates of this stock may be postponed until October, 1833 ; and thus the liability of the Government, after its ability to discharge the debt, may be continued by the failure of the bank to perform its duties. 670 LIFE AND TIMES OF Such measures as are within the reach of the Secretary of the Treasury have been taken, to enable him to judge whether the public deposits in that institution may be regarded as entirely safe ; but as his limited power may prove inadequate to this ob- ject, I recommend the subject to the attention of Congress, under the firm belief that it is worthy of their serious investigation. An inquiry into the transactions of the institution, embracing the branches as well as the principal bank, seems called for by the credit which is given throughout the country to many serious charges impeaching its character, and which, if true, may justly excite the apprehension that it is no longer a safe depository of the money of the people. Among the interests which merit the consideration of Con- gress after the payment of the public debt, one of the most im- portant, in my view, is that of the public lands. Previous to the formation of our present Constitution, it was recommended by Congress that a portion of the waste lands owned by the States should be ceded to the United States for the purposes of general harmony, and as a fund to meet the expenses of the war. The recommendation was adopted, and, at different periods of time, the States of Massachusetts, New York, Virginia, North and South Carolina, and Georgia, granted their vacant soil for the uses for which they had been asked. As the lands may now be considered as relieved from this pledge, the object for which they were ceded having been accomplished, it is in the discretion of Congress to dispose of them in such way as best to conduce to the quiet harmony and general interest of the American people. In examining this question, all local and sectional feelings should be discarded, and the whole United States regarded as one people interested alike in the prosperity of their common country. It can not be doubted that the speedy settlement of these lands constitutes the true interest of the repul)lic. The wealth and strength of a country are its population, and the best part of that population are the cultivators of the soil. Independent farmers are everywhere the basis of society, and true friends of liberty. In addition to these considerations, questions have already arisen, and may be expected hereafter to grow out of the public lands, which involve the rights of the new States and the powers of the General Government; and unless a liberal policy ))e now adopted, there is danger that these questions may speedily assume ANDREW JACKSON. 571 an importance not now generally anticipated. The influence of a great sectional interest, when brought into full action, will be found more dangerous to the harmony and union of the States than any other cause of discontent ; and it is the part of wisdom and sound policy to foresee its approaches, and endeavor, if pos- sible, to counteract them. Of the various schemes which have been hitherto proposed in regard to the disposal of the public lands, none has yet received the entire approbation of the National Legislature. Deeply im- pressed with the importance of a speedy and satisfactory arrange- ment of the subject, I deem it my duty on this occasion to urge it upon your consideration, and, to the propositions which have been heretofore suggested by others, to contribute those reflections which have occurred to me, in the hope that they may assist you in your future deliberations. It seems to me to be our true policy that the public lands shall cease, as soon as practicable, to be a source of revenue, and that they be sold to settlers in limited parcels, at a price barely suffi- cient to reimburse to the United States the expense of the present system, and the cost arising under our Indian compacts. The advantages of accurate surveys and undoubted titles, now se- cured to purchasers, seem to forbid the abolition of the present system, because none can be substituted which Avill more perfectly accomplish these important ends. It is desirable, however, that in convenient time this machinery be withdrawn from the States, and that the right of soil and the future disposition of it, be sur- rendered to the States, respectively, in which it lies. The adventurous and hardy population of the West, besides contributing their equal share of taxation under our impost sys- tem, have, in the progress of our Government, for the lands they occupy, paid into the treasury a large proportion of forty millions of dollars, and, of the revenue received therefrom but a small part has been expended among them. When, to the disadvantage of their situation in this respect, we add the consideration that it is their labor alone which gives real value to the lands, and that the proceeds arising from their sale are distributed chiefly among States which had not originally any claim to them, and which had enjoyed the undivided emolument arising from the sale of their own lands, it can not be expected that the new States will remain longer contented with the present policy after the payment of the public debt. To avert the consequences which may be 572 LIFE AND TIMES OF apprehended from this course, to put an end forever to all partial and interested legislation on this subject, and to afford to every American citizen of enterprise the opportunity of securing an in- dependent freehold, it seems to me, therefore, best to abandon the idea of raising a future revenue out of the public lands. In former messages I have expressed my conviction that the Constitution does not warrant the application of the funds of the General Government to objects of internal improvement which are not national in their character, and both as a means of doing justice to all interests, and putting an end to a course of legisla- tion calculated to destroy the purity of the Government, have urged the necessity of reducing the whole subject to some fixed and certain rule. As there never will occur a period, perhaps, more propitious than the present to the accomplishment of this object, I beg leave to press the subject again upon your attention. Without some general and well-defined principles ascertaining those objects of internal improvement to which the means of the Nation may be Constitutionally applied, it is obvious that the ex- ercise of the power can never be satisfactory. Besides the danger to which it exposes Congress, of making hasty appropriations to works of the character of which they may be frequently ignorant, it promotes a mischievous and corrupting influence upon elec- tions, by holding out to the people the fallacious hope that the success of a certain candidate will make navigable their neighbor- ing creek or river, bring commerce to their doors, and increase the value of their property. It thus favors combinations to squander the treasure of the country upon a multitude of local objects, as fatal to just legislation as to the purity of public men. If a system compatible with the Constitution can not be de- vised, which is free from such tendencies, we should recollect that that instrument provides within kself the mode of its amend- ment, and that there is, therefore, no excuse for the assumption of doubtful powers by the General Government. If those which are clearly granted shall be found incompetent to the ends of its creatioij, it can at any time apply for their enlargement ; and there is no probability tliat such an application, if founded on the public interest, will ever be refused. If the propriety of the pro- posed grant be not sufiiciently apparent to command the assent of three-fourths of the States, the best possible reason why the power should not be assumed on doubtful authority is afforded ; for if more than one-fourth of the States are unwilling to make ANDREW JACKSON. 573 the grant, its exercise will be productive of discontents which will far overbalance any advantages that could be derived from it. All must admit that there is nothing so worthy of the con- stant solicitude of this Government as the harmony and union of the people. Being solemnly impressed with the conviction that the exten- sion of the power to make internal improvements beyond the limits I have suggested, even if it be deemed Constitutional, is subversive of the best interests of our country, I earnestly recom- mend to Congress to refrain from its exercise in doubtful cases, except in relation to improvements already begun, unless they shall first procure from the States such an amendment of the Constitution as will define its character and prescribe its bounds. If the States feel' themselves competent to these objects, why should this Government wish to assume the power? If they do not, then they will not hesitate to make the grant. Both gov- ernments are the governments of the people ; improvements must be made with the money of the people ; and if the money can be collected and applied by those more simple and economical polit- ical machines, the State governments, it will unquestionably be safer and better for the people than to add to the splendor, the patronage, and the power of the General Government. But if the people of the States think otherwise, they will amend the Constitution, and in their decision all ought cheerfully to acquiesce. For a detailed and highly satisfactory view of the operations of the War Department, I refer you to the accompanying report of the Secretary of War. The hostile incursions of the Sac and Fox Indians necessarily led to the interposition of the Government. A portion of the troops, under Generals Scott and Atkinson, and of the militia of the State of Illinois, were called into the field. After a harassing warfare, prolonged by the nature of the country, and by the dif- ficulty of procuring subsistence, the Indians were entirely defeated, and the disaffected band dispersed or destroyed. The result has been creditable to the troops engaged in the service. Severe as is the lescon to the Indians, it was rendered necessary by their unprovoked aggressions ; and it is to be hoped that its impression will be permanent and salutary. This campaign has evinced the efficient organization of the army, and its capacity for prompt and active service. Its several 574 LIFE AND TIMES OF departments have performed their functions with energy and dis- patch, and the general movement was satisfactory. Our fellow-citizens upon the frontiers were ready, as they always are, in the tender of their services in the hour of danger. But a more efficient organization of our militia is essential to that security which is one of the principal objects of all governments. Neither our situation, nor our institutions, require or permit the maintenance of a large regular force. History offers too many lessons of the fatal results of such a measure, not to warn us against its adoption here. The expense which attends it, the obvious tendency to employ it, because it exists, and thus to en- gage in unnecessary wars, and its ultimate danger to public lib- erty, will lead us, I trust, to place our principal dependence for protection upon the great body of the citizens- of the republic. If, in asserting rights, or in repelling wrongs, war should come upon us, our regular force should be increased to an extent pro- portioned to the emergency, and our present small army is a nucleus around which such force could be formed and embodied. But for the purposes of defense, under ordinary circumstances, we must rely upon the electors of the country. Those by whom, and for whom, the Government was instituted and is supported, will constitute its protection in the hour of danger, as they do its check in the hour of safety. But it is obvious that the militia system is imperfect. Much time is lost, much unnecessary expense incurred, and much public property wasted, under the present arrangement. Little useful knowledge is gained by the musters and drills as now established, and the whole subject evidently requires a thorough examination. Whether a plan of classification, remedying these defects, and providing for a system of instruction, might not be adopted, is submitted to the consideration of Congress. The Constitution has vested in the General Government an independent authority upon the subject of the militia, which renders its action essential to the establishment or improvement of the system, and I recom- mend the matter to your consideration, in the conviction that the state of this important arm of the public defense requires your attention. I am happy to inform you that the wise and humane policy of transferring from the eastern to the western side of the Missis- sippi the remnants of our aboriginal tribes, with their own con- sent, and upon just terms, has been steadily pursued, and is ANDREW JACKSON. 575 approaching, I trust, its consunimatiou. By reference to the report of the Secretary of War, and to the documents submitted with it, vou will see the progress which has been made, since your last session, in the arrangement of the various matters connected with our Indian relations. With one exception, every subject involving any question of conflicting jurisdiction, or of peculiar difficulty, has been happily disposed of; and the conviction evidently gains ground among the Indians, that their removal to the country as- signed by the United States for their permanent residence, fur- nishes the only hope of their ultimate prosperity. With that portion of the Cherokees, however, living within the State of Georgia, it has been found impracticable as yet to make a satisfactory adjustment. Such was my anxiety to remove all the grounds of complaint, and to bring to a termination the difficulties in which they are involved, that I directed the very liberal propositions to be made to them which accompany the documents herewith submitted. They can not but have seen in these offers the evidence of the strongest disposition on the part of the Government to deal justly and liberally with them. An ample indemnity was offered for their present possessions, a liberal provision for their future support and improvement, and full security for their private and political rights. Whatever differ- ence of opinion may have prevailed respecting the just claims of these people, there will probably be none respecting the liberality of the propositions, and very little respecting the expediency of their immediate acceptance. They were, however, rejected, and thus the position of these Indians remains unchanged, as do the views communicated in my message to the Senate, in February, 1830. I refer you to the annual report of the Secretary of the Navy, which accompanies this message, for a detail of the operations of that branch of the service during the present year. Besides the general remarks on some of the transactions of our navy, presented in the view which has been taken of our foreign relations, I seize this occasion to invite to your notice the increased protection which it has affin-ded to our commerce and citizens on distant seas, without any augmentation of the force in commission. In the gradual improvement of its pecuniary con- cerns, in the constant progress in the collection of materials suit- able for use during future emergencies, and in the construction of vessels, and the buildings necessary to their preservation and 576 LIFE AND TIMES OF repair, the present state of this branch of the service exhibits the fruits of that vigilance and care which are so indispensable to its efficiency. Various new suggestions, contained in the annexed report, as well as others heretofore submitted to Congress, are worthy of your attention ; but none more so than that urging the renewal, for another term of six years, of the general appropria- tion for the gradual improvement of the navy. From the accompanying report of the Postmaster-General, you will also perceive that that Department continues to extend its usefulness, without impairing its resources, or lessening the accommodations which it affords in the secure and rapid trans- portation of the mail. I beg leave to call the attention of Congress to the views heretofore expressed in relation to the mode of choosing the Pres- ident and Vice-President of the United States, and to those re- specting the tenure of office generally. Still impressed with the justness of those views, and with the belief that the modifications suggested on those subjects, if adopted, will contribute to the prosperity and harmony of the country, I earnestly recommend them to your consideration at this time. I have heretofore pointed out defects in the law for punishing official frauds, especially within the District of Columbia. It has been found almost impossible to bring notorious culprits to pun- ishment, and, according to the decision of the court for this Dis- trict, the prosecution is barred by the lapse of two years after the fraud has been committed. It may happen again, as it has already happened, that, during the whole two years, all the evi- dences of the fraud may be in the possession of the culprit him- self. However proper the limitation may be in relation to private citizens, it would seem that it ought not to commence running in favor of public officers until they go out of office. The judiciary system of the United States remains imperfect. Of the nine Western and South-western States, three only enjoy the benefits of a Circuit Court. Ohio, Kentucky, and Tennessee, are embraced in the general system ; but Indiana, Illinois, Mis- souri, Alabama, Mississippi, and Louisiana, have only district courts. If the existing system be a good one, why should it not be extended? If it be a bad one, why is it suffered to exist? •The new States were promised equal rights and privileges when they came into the Union, and such are the guaranties of the Constitution. Nothing can be more obvious than the obligation ANDREW JACKSON. 577 of the General Government to place all the States on the same footing in relation to the administration of justice, and I trust this duty will be neglected no longer. On many of the subjects to which your attention is invited in this communication, it is a source of gratification to reflect, that the steps to be now adopted are uninfluenced by the embarrass- ments entailed upon the country by the wars through which it has passed. In regard to most of our great interests, we may consider ourselves as just starting in our career, and, after a salu- tary experience, about to fix upon a permanent basis the policy best calculated to promote the happiness of the people, and facili- tate their progress toward the most' complete enjoyment of civil liberty. On an occasion so interesting and important in our his- tory, and of such anxious concern to the friends of freedom through- out the world, it is our imperious duty to lay aside all selfish and local considerations, and be guided by a lofty spirit of devotion to the great principles on which our institutions are founded. That this Government may be so administered as to preserve its efiiciency in promoting and securing these general objects, should be the only aim of our ambition, and we can not, there- fore, too carefully examine its structure, in order that we may not mistake its powers, or assume those which the people have reserved to themselves, or have preferred to assign to other agents. We should bear constantly in mind the fact, that the considerations which induced the framers of the Constitution to withhold from the General Government the power to regulate the great mass of the business and concerns of the people have been fully justified by experience ; and that it can not now be doubted, that the genius of all our institutions prescribes sim- plicity and economy as the characteristics of the reform which is yet to be eflfected in the present and future execution of the functions bestowed on us by the Constitution. Limited to a general superintending power, to maintain peace at home and abroad, and to prescribe laws on a few subjects of general interest, not calculated to restricf human liberty, but to enforce human rights, this Government will find its strength and its glory in ihe faithful discharge of these plain and simple duties. Relieved by its protecting shield from the fear of war and the apprehension of oppression, the free enterprise of our citizens, aided by the State sovereignties, will work out improvements and ameliorations, which can not fail to demonstrate that the great 37— G 578 LIFE AND TIMES OF ^ truth, that the people, can govern themselves, is not only realized in our example, but that it is done by a machinery in government so simple and economical as scarcely to be felt. That the Al- mighty Ruler of the universe may so direct our deliberations, and overrule our acts as to make us instrumental in securing a result so dear to mankind, is my most earnest and sincere prayer. This interesting message contains some sentiments not in keeping with General Jackson's former views, but, in the main, are their natural consequence. The liquidation of the public debt was deservedly a source of pride to the President. The Jacksonian disposition to speak out is everywhere apparent in this message, even in praise of his own Administration and the un- precedented happy results it was bringing to the coun- try. That the Nation was just starting in its career, and was only about settling upon a permanent policy, best designed to promote the happiness of the people, after long and varied experiences, seemed hardly sus- tained by the actual events of the day. By a remark- able consistency the President again, after having de- parted from his former principle, calls the attention of Congress to his previous recommendation as to the mode of electing the President and Vice-President and the single term of service. The Bank again came in for a share of attention. He wanted it to die as hard and with as much public effect as possible. The hint as to the probability of its not being a safe depository for the Government funds indicated his purpose, as to the future. The question of the public lands is fully presented and the plan suggested, which was finally adopted and is now in practice, of turning the public lands to the actual benefit of poor settlers, by selling them at a price to cover the expenses of the Govern- ment in disposing of them. ANDREW JACKSON. 579 The doctrine of internal improvements is here ef- fectually disposed of so far as General Jackson was concerned. Notwithstanding the caution with which the old Republican Presidents approached this subject, and the great and positive efforts of General Jackson, the founder of more modern Democracy, to put down entirely internal improvements under the direct patron- age of the General Government, long ago it was adopted as an undisputed doctrine of both parties; the only question left in connection with the question being as to which party should gain the most public patronage by its advocacy of appropriations. The tariff question here takes a new phase with the President. Before, he had recommended an arrangement for dividing the accumulated revenue among the States, after the public debt was paid ; but now he recommends a reduction of the sources of revenue to a basis of the actual ex- penses of the Government, and a plan of taxation and revenue is recomm-ended which seemed especially meant to reach the wants of the nullifiers of the South. 580 LIFE AND TIMES OF CHAPTER XXIX. GENERAL JACKSON AND THE NULLIFIERS— NULLIFICATION PROCLAMATION— A COMPROMISE— WHO TRIUMPHS? THE great subject now occupying the attention of the President and the country was nullification. Since the General had given utterance to the famous sentiment, •' The Federal Union : it must be preserved," he had been watching the advocates of this new doc- trine, new at least, in the extent to which it was meant to be carried, and he had come to hate its supporters, and is said to have regretted all the rest of his days that he did not, at that very time, hang its most able champion, J. C. Calhoun, as an example for future ages, as he had done Hillis Hajo and Alexander Ar- buthnot, in 1818. But unfortunately neither the efforts of this giant, nor the great war against slavery with its evil teachings, entirely uprooted this baneful doctrine. At the time of the meeting of Congress, South Carolina, by the acts of her Legislature and governor, was in the attitude of direct and determined opposition to the Federal Government. No more revenues under the very tariff which Mr. Calhoun and other Southerners had advocated, were to be collected in South Carolina after February 1, 1833 ; the Supreme Court of the United States was to have no more authority over that State ; null and void was to be any tariff law ; South Carolinians were only to obey the State authority ; and ANDREW JACKSON. 581 in case the United States attempted to oppose her will as thus expressed, she would proceed to do those things which any sovereign and independent country should do. So said the Nullification Convention of November, .1832, And so said the Legislature and Governor of that State. From the beginning of the disaffection with Mr. Calhoun and his Southern friends, there had been a determination to make this doctrine of nullifica- tion rest on the Virginia and Kentucky Resolutions of 1798 and 1799, and be supported by the name of Mr. Jefferson, at least. It was natural enough to trace this doctrine to those resolutions. In them it had founda- tion enough. But to make Mr. Jefferson responsible for the present idea and purposes of nullification was not an easy task. Mr. Madison was yet left to speak for himself, which he did with great minuteness, de- stroying all hopes of the nullifiers as to his own posi- tion, as well as removing some of the odium from the Resolutions of 1798. No man can doubt the patriotism of General Jack- son, or believe that it was of that kind which could be limited to a State or a section. But how far his hatred of nullification at that time and throughout his life was colored and intensified by his hatred of Mr. Calhoun, who was really the beginning and the ending of nullification, it is not necessary to speculate here. ThisJ[ourth message granted, or laid the foundation for granting, all that South Carolina asked, but her conduct was in opposition to the will of General Jackson. To oppose the Government was to op- pose him. And even while Congress was reading this mild message, he was preparing, or having pre- pared, a very different document. No public man in 582 LIFE AND TIMES OF this country relied so much on the pen as did Jackson. This fact becomes more a matter of note since he was not educated in books, nor was he a reader of books, to any great extent. But if Jackson could gain his object in no other way, he would resort to the pen. Nor did he ever seem to fear that these pen attacks would be handled to his disadvantage at some other time. He often preferred to risk the address or proclamation rather than to resort to other means. This effective instrument he now took up to remind the nullifiers of what they might next expect from him. On the 11th of December, 1832, he issued the following, his most celebrated public paper: — PROCLAMATION. Whereas, a Convention assembled in the State of South Car- olina, have passed an Ordinance, by which they declare, "That the several acts and parts of acts of the Congress of the United States, purporting to be laws for imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially," two acts for the same purposes passed on the 29th of May, 1828, and on the 14th of July, 1832, "are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law," nor binding on the citizens of that State or its officers; and by the said Ordinance, it is further declared to be unlawful for any of the constituted authorities of the State or of the United States to enforce the payment of the duties imposed by the said acts within the same State, and that it is the duty of the Legis- lature to pass such laws as may be necessary to give full effect to the said Ordinance ; And whereas, by the said Ordinance it is further ordained, that in no case of law or equity, decided in the courts of said State, wherein shall be drawn in question the validity of the said Ordinance, or of the acts of the Legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United ANDREW JACKSON. 583 States, nor shall any copy of the record be permitted or allowed for that purpose, and that any person attempting to take such appeal shall be punished as for a contempt of court; And, finally, the said Ordinance declares, that the people of South Carolina will maintain the said Ordinance at every hazard; and that they will consider the passage of any act by Congress abolishing or closing the ports of the said State, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the Federal Govern- ment to coerce the State, shut up her ports, destroy or harass her commerce, or to enforce the said acts otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union ; and that the peo- ple of the said State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States, and will forthwith proceed to organize a separate government, and do all other acts and things which sovereign and independent States may of right do ; And whereas, the said Ordinance prescribes to the people of South Carolina a course of conduct, in direct violation of their duty as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and having for its object the destruction of the Union ; that Union which, coeval with our political existence, led our fathers, without any other ties to unite them than those of patriotism and a common cause, through a sanguinary struggle to a glorious independence ; that sacred Union, hitherto inviolate, which, perfected by our happy Constitution, has brought us by the favor of Heaven to a state of prosperity at home, and high consideration abroad, rarely, if ever, equaled in the history of nations : To preserve this bond of our political existence from destruction, to maintain inviolate this state of national honor and prosperity, and to justify the confidence my fellow-citizens have reposed in me, I, Andrew Jackson, President of the United States, have thought proper to issue this my proclamation, stating my views of the Constitution and laws applicable to the measures adopted by the Convention of South Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and, appealing to the understanding and patriotism of the people, warn them of the consequences that must inevitably result from an observance of the dictates of the Convention. 584 LIFE AND TIMES OF Strict duty would require of me nothing more than the ex- ercise of those powers with which I am now or may hereafter be invested, for preserving the peace of the Union and for the execution of the laws. But the imposing aspect which opposition has assumed in this case, by clothing itself with State authority, and the deep interest which the people of the United States must all feel in preventing a resort to stronger measures, while there is a hope that anything will be yielded to reasoning and remon- strance, perhaps demand, and will certainly justify, a full exposi- tion to South Carolina and the Nation of the views I entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will require me to pursue. The Ordinance is founded not on the indefeasible right of resisting acts which are plainly unconstitutional and too oppress- ive to be endured; but on the strange position that any one State may not only declare an act of Congress void, but pro- hibit its execution, that they may do this consistently with the Constitution, that the true construction of that instrument per- mits a State to retain its place in the Union, and yet be bound by no other of its laws than those it may choose to consider as Constitutional. It is true they add, that to justify this abrogation of a law, it must be palpably contrary to the Constitution ; but it is evident, that to give the right of resisting laws of that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theory there is no appeal, the reasons alleged by the State, good or bad, must prevail. If it should be said that public opinion is a sufficient check against the abuse of this power, it may be asked why it is not deemed a sufficient guard against the passage of an unconstitutional act by Con- gress. There is, however, a restraint in this last case, which makes the assumed power of a State more indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress, one to the Judi- ciary, the other to the People and the States. There is no appeal from the State decision in theory, and the practical illustration shows that the Courts are closed against an application to review it, both judges and jurors being sworn to decide in its favor. But reasoning on this subject is superfluous when our social compact in express terms declares, that the laws of the United States, its Constitution, and treaties made under it, are the ANDREW JACKSON. 585 supreme law of the land, and for greater caution adds, " that the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstand- ing." And it may be asserted without fear of refutation, that no federative government could exist without a similar provision. Look for a moment to the consequence. If South Carolina con- siders the revenue laws unconstitutional, and has a right to pre- vent their execution in the port of Charleston, there would be a clear Constitutional objection to their collection in every other port, and no revenue could be collected anywhere ; for all imposts must be equal. It is no answer to repeat, that an unconstitu- tional law is no law, so long as the question of its legality is to be decided by the State itself; for every law operating injuri- ously upon any local interest will be perhaps thought, and cer- tainly represented, as- unconstitutional, and, as has been shown, there is no appeal. If this doctrine had been established at an earlier day, the Union would have been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-intercourse law in the Eastern States, the carriage tax in Virginia, were all deemed unconstitutional, and were more unequal in their operation than any of the laws now complained of; but fortunately none of these States discovered that they had the right now claimed by South Carolina. The war into which we were forced to support the dignity of the Nation and the rights of our citizens, might have ended in defeat and disgrace instead of victory and honor, if the States who supposed it a ruinous and unconstitutional measure had thought they possessed the right of nullifying the act by which it was declared, and denying supplies for its prose- cution. Hardly and unequally as those measures bore upon several members of the Union, to the Legislatures of none did this efficient and peaceable remedy, as it is called, suggest itself. The discovery of this important feature in our Constitution was reserved to the present day. To the statesmen of South Caro- lina belongs the invention, and upon the citizens of that State will unfortunately fall the evils of reducing it to practice. If the doctrine of a State veto upon the laws of the Union carries with it internal evidence of its impracticable absurdity, our Constitutional history will also afford abundant proof that it would have been repudiated with indignation had it been pro- posed to form a feature in our Government. 586 LIFE AND TIMES OF In our Colonial state, althougli dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed for common defense, and before the Declaration of Independence we were known in our aggregate character, as the United Colonies of America. That decisive and important step was taken jointly. We declared ourselves a Nation by joint, not by several acts, and when the terms of our Confederation were reduced to form, it was in that of a solemn league of several States, by which they agreed that they would collectively form one nation for the purpose of conducting some certain domestic concerns and all foreign rela- tions. In the instrument forming that union is found an article, which declares, "that every State shall abide by the determina- tions of Congress on all questions which by that Confederation should be submitted to them." Under the Confederation, then, no State could legally annul a decision of the Congress, or refuse to submit to its execution ; but no provision was made to enforce these decisions. Congress made requisitions, but they were not complied with. The Government could not operate on individuals. They had no judiciary, no means of collecting revenue. But the defects of the Confederation need not be detailed. Under its operation we could scarcely be called a nation. We had neither prosperity at home nor consideration abroad. This state of things could not be endured, and our present happy Constitution was formed, but formed in vain, if this fatal doc- trine prevails. It was formed for important objects that are announced in the preamble, made in the name and by the au- thority of the people of the United States, whose delegates framed, and whose conventions approved it. The most important among these objects, that which is placed first in rank, on which all the others rest, is, " to form a more perfect Union." Now, is it possible that even if there were no express provision giving supremacy to the Constitution and laws of the United States over those of the States, can it be conceived, that an instrument made for the purpose of "forming a more perfect Union" than that of the Confederation, could be so constructed by the assem- bled wisdom of our country, as to substitute for that Confedera- tion a form of government dependent for its existence on the local interest, the party spirit of a State, or of a prevailing faction in a State? Every man of plain, unsophisticated under- ANDREW JACKSON. 587 Standing, who hears the question, will give such an answer as will preserve the Union. Metaphysical subtlety, in pursuit of an impracticable theory, could alone have devised one that is calcu- lated to destroy it. I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the e:S;istence of the Union, contradicted expressly by the letter of the Constitu- tion, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed. After this general view of the leading principle, we must examine the particular application of it which is made in the Ordinance. The preamble rests its justification on these grounds: It as- sumes as a fact, that the obnoxious laws, although they purport to be laws for raising revenue, were in reality intended for the protection of manufactures, which purpose it asserts to be uncon* stitutional ; that the operation of these laws is unequal; that the amount raised by them is greater than is required by the wants of the Government ; and finally, that the proceeds are to be ap- plied to objects unauthorized by the Constitution. These are the only causes alleged to justify an open opposition to the laws of the country, and a threat of seceding from the Union, if any attempt should be made to enforce them. The first virtually acknowledges, that the law in question was passed under a power expressly given by the Constitution, to lay and collect imposts; but its Constitutionality is drawn in question from the motive of those who passed it. However apparent this purpose may be in the present case, nothing can be more dangerous than to admit the position that an unconstitutional purpose, entertained by the members who assent to a law enacted under a Constitutional power, shall make that law void; for how is that purpose to be ascertained? Who is to make the scrutiny? How often may bad purposes be falsely imputed, in how many cases are they concealed by false professions, in how many is no declaration of motive made? Admit this doctrine, and you give to the States an uncontrolled right to decide, and every law may be annulled under this pretext. If, therefore, the absurd and dangerous doc- trine should be admitted, that a State may annul an unconstitu- tional law, or one that it deems such, it will not apply to the present case. 588 LIFE AND TIMES OF The next objection is, that the laws in question operate un- equally. This objection may be made with truth, to every law that has been or can be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. If the unequal operation of a law makes it unconstitu- tional, and if all laws of that description may be abrogated by any State for that cause, then, indeed, is the Federal Constitution unworthy of the slightest effort for its preservation. We have hitherto relied on it as the perpetual bond of our Union. We have received it as the work of the assembled wisdom of the Na- tion. We have trusted to it as to the sheet anchor of our safety in the stormy times of conflict with a foreign or domestic foe. We have looked to it with sacred awe as the palladium of our liberties, and with all the solemnities of religion have pledged to each other our lives and fortunes here, and our hopes of happi- ness hereafter, in its defense and support. Were we mistaken, my countrymen, in attaching this importance to the Constitution of our country ? Was our devotion paid to the wretched, inef- ficient, clumsy contrivance, which this new doctrine would make it ? Did we pledge ourselves to the support of an airy nothing, a bubble that must be blown away by the first breath of disaf- fection ? Was this self-destroying, visionary theory, the work of the profound statesmen, the exalted patriots, to whom the task of constitutional reform was intrusted ? Did the name of Wash- ington sanction, did the States deliberately ratify, such an anom- aly in the history of fundamental legislation ? No ! We were not mistaken. The letter of this great instrument is free from this radical fault; its language directly contradicts the imputa- tion ; its spirit, its evident intent, contradicts it. No, we did not err! Our Constitution does not contain the absurdity of giving power to make laws and another power to resist them. The sages, whose memory will always be reverenced, have given us a practical, and, as they hoped, a permanent Constitutional compact. The Father of his Country did not aftix his revered name to so palpable an absurdity. Nor did the States, when they severally ratified it, do so under the impression that a veto on the laws of the United States was reserved to them, or that they could exercise it by implication. Search the debates in all their conventions ; examine the speeches of the most zealous op- posers of Federal authority ; look at the amendments that were proposed ; they are all silent ; not a syllable uttered, not a vote ANDREW JACKSON. 589 given, not a motion made, to correct the explicit supremacy given to the laws of ihe Union over those of the States, or to show that implication, as is now contended, could defeat it. No ; we have not erred! The Constitution is still the object of our reverence, the bond of our Union, our defense in danger, the source of our prosperity in peace. It shall descend as we have received it, un- corrupted by sophistical construction, to our posterity ; and the sacrifices of local interest, of State prejudices, or personal ani- mosities, that were made to bring it into existence, will again be patriotically offered for its support. The two remaining objections made by the Ordinance to these laws are, that the sums intended to be raised by them are greater than are required, and that the proceeds will be unconstitutionally employed. The Constitution has given expressly to Congress the right of raising revenue, and of determining the sum the public exigen- cies will require. The States have no control over the exercise of this right, other than that which results from the power of changing the Representatives who abuse it, and thus procure re- dress. Congress may undoubtedly abuse this discretionary poAver, but the same may be said of others with which they are vested. Yet the discretion must exist somewhere. The Constitution has given it to the Representatives of all the people, checked by the Representatives of the States, and by the Executive power. The South Carolina construction gives it to the Legislature or the convention of a single State, where neither the people of the different States, nor the States in their separate capacity, nor the Chief Magistrate elected by the people have any representation. Which is the most discreet disposition of the power? I do not ask you, fellow-citizens, which is the Constitutional disposition — that instrument speaks a language not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretionary power in the last resort ? Would you add a clause, giving it to each of the States, or would you sanction the wise provisions already made by your Constitution ? If this should be the result of your deliberations when providing for the future, are you, can you be ready, to risk all that we hold dear, to establish, for a temporary and a local purpose, that which you must acknowledge to be destruc- tive and even absurd as a general provision? Carry out the consequences of this right vested in the different States, and you 590 LIFE AND TIMES OF must perceive that the crisis your conduct presents at this day would recur whenever any law of the United States displeased any of the States, and that we should soon cease to be a nation. The Ordinance, with the same knowledge of the future that characterizes a former objection, tells you that the proceeds of the tax will be unconstitutionally applied. If this could be as- certained with certainty, the objection would, with more pro- priety, be reserved for the law so applying the proceeds, but surely can not be urged against the laws levying the duty. These are the allegations contained in the Ordinance. Ex- amine them seriously, my fellow-citizens — judge for yourselves. I appeal to you to determine whether they are so clear, so con- vincing, as to leave no doubt of their correctness ; and even if you should come to the conclusion, how far they justify the reck- less, destructive course, which you are directed to pursue. Re- view these objections, and the conclusions drawn from them, once more. What are they? Every law, then, for raising reve- nue, according to the South Carolina Ordinance, may be right- fully annulled, unless it be so framed as no law ever will or can be framed. Congress has a right to pass laws for raising revenue, and each State has a right to oppose their execution- two rights directly opposed to each other; and yet is this ab- surdity supposed to be contained in an instrument drawn for the express purpose of avoiding collisions between the States and the General Government, by an assembly of the most enlightened statesmen and purest patriots ever embodied for a similar purpose. In vain have these sages declared that Congress shall have power to lay and collect taxes, duties, imposts, and excises ; in vain have they provided that they shall have power to pass laws which shall be necessary and proper to carry those powers into execution, that those laws and that Constitution shall be the su- preme law of the land, and that the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the "contrary notwithstanding." In vain have the peo- ple of the several States solemnly sanctioned these provisions, made them their paramount law, and individually sworn to sup- port them whenever they were called on to execute any office. Vain provisions ! ineffectual restrictions ! vile profanation of oaths ! miserable mockery of legislation ! — if a bare majority of the voters in any one State may, on a real or supposed knowl- ANDREW JACKSON. 591 edge of the intent with which a law has been passed, declare themselves free from its operation ; say here it gives too little, there too much, and operates unequally ; here it suffers ar- ticles to be free that ought to be taxed ; there it taxes those that ought to be free ; in this case the proceeds are intended to be applied to purposes which we do not approve ; in that, the amount raised is more than is wanted. Congress, it is true, are vested by the Constitution with the right of deciding these ques- tions according to their sound discretion. Congress is composed of the Representatives of all the States, and of all the people of all the States ; but Ave, part of the people of one State, to whom the Constitution has given no power on the subject, from whom it has expressly taken it away ; we, who have solemnly agreed that this Constitution shall be our law ; we, most of whom have sworn to support it ; we, now abrogate this law, and swear, and force others to swear, that it shall not be obeyed ; and we do this, not because Congress have no right to pass such laws (this we do not allege), but because they have passed them with improper views. They are unconstitutional from the motives of those who passed them, which we can never with certainty know ; from their unequal operation, although it is impossible from the nature of things that they should be equal ; and from the disposi- tion which we presume may be made of their proceeds, although that disposition has not been declared. This is the plain meaning of the Ordinance in relation to laws which it abrogates for al- leged unconstitutionality. But it does not stop there. It repeals, in express terms, an important part of the Constitution itself, and of laws passed to give it effect, which have never been al- leged to be unconstitutional. The Constitution declares that the judicial powers of the United States extend to cases arising under the laws of the United States, and that such laws, the Constitu- tion, and treaties, shall be paramount to the State constitutions and laws. The judiciary act prescribes the mode by which the case may be brought before a court of the United States, by ap- peal, when a State tribunal shall decide against this provision of the Constitution. The Ordinance declares there shall be no ap- peal ; makes the State law paramount to the Constitution and laws of the United States ; forces judges and jurors to swear that they will disregard their provisions, and even makes it penal in a suitor to attempt relief by appeal. It further declares that it shall not be lawful for the authorities of the United States, or of 592 LIFE AND TIMES OF that State, to enforce the payment of duties imposed by the rev- enue laws within its limits. Here is a law of the United States, not even pretended to be unconstitutional, repealed by the authority of a small majority of the voters of a single State. Here is a provision of the Consti- tution, which is solemnly abrogated by the same authority. On such expositions and reasonings the Ordinance grounds not only an assertion of the right to annul the laws of which it complains, but to enforce it by a threat of seceding from the Union if any attempt is made to execute them. This right to secede is deduced from the nature of the Con- stitution, which, they say, is a compact between the sovereign States, who have preserved their whole sovereignty, and there- fore are subject to no superior ; that because they made the com- pact they can break it, when, in their opinion, it has been de- parted from by the other States. Fallacious as this course of reasoning is, it enlists State pride, and finds advocates in the honest prejudices of those who have not studied the nature of our Government sufficiently to see the radical error on which it rests. The people of the United States formed the Constitution, act- ing through the State Legislatures in making the compact, to meet and discuss its provisions, and acting in separate conven- tions when they ratified those provisions; but the terms used in its construction show it to be a Government in which the people of all the States, collectively, are represented. We are one people in the choice of the President and Vice-President. Here the States have no other agency than to direct the mode in which the votes shall be given. The candidates having the majority of all the votes are chosen. The electors of a majority of the States may have given their votes for one candidate, and yet another may be chosen. The people, then, and not the States, are represented in the Executive branch. In the House of Kepresentatives there is this difierence, that the people of one State do not, as in the case of President and Vice-President, all vote for the same officers. The people of all the States do not vote for all the members, each State electing only its own Representatives. But this creates no material dis- tinction. . When chosen they are all Representatives of the United States, not Representatives of the particular State from which they come. They are paid by the United States, not by the State, nor are they accountable to it for any act done in the per- ANDREW JACKSON. 593 formance of their legislative functions ; and however they may in practice, as it is their duty to do, consult, and prefer the in- terests of their particular constituents when they come in conflict with any other partial or local interest, yet it is their first and highest duty, as Representatives of the United States, to promote the general good. The Constitution of the United States, then, forms a Govern- ment, not a league, and whether it be formed by compact between the States, or in any other manner, its character is the same. It is a GovernSaent in which all the people are represented, which operates directly on the people individually, not upon the States ; they retained all the power they did not grant. But each State having expressly parted with so many poAvers as to consti- tute jointly with the other States a single Nation, can not, from that period, possess any right to secede, because such secession does not break a league, but destroys the unity of a Nation, and any injury to that unity is not only a breach which would result from the contravention of a compact, but it is an offense against the whole Union. To say that any State may, at pleasure, secede from the Union, is to say that the United States are not a Na- tion ; because it will be a solecism to contend that one part of the Nation might dissolve its connection with the other parts, to their injury and ruin, without committing any offense. Seces- sion, like any other revolutionary act, may be morally justified by the extremity of oppression ; but to call it a Constitutional right, is confounding the meaning of terms, and can only be done through gross error, or to deceive those who are willing to assert a right, but would pause before they made a revolution, or incur the penalties consequent on a failure. Because the Union was formed by compact, it is said the par- ties to the compact may, when they feel themselves aggrieved, depart from it ; but it is precisely because it is a compact that they can not. A compact is an agreement or binding obligation. It may by its terms have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt; if it have a sanction, then the breach incurs the designated or implied penalty. A league between independent nations, generally, has no other sanction than a moral one ; or if it should contain a penalty, as there is no common superior, it can not be enforced. A govern- ment, on the contrary, always has a sanction, express or implied ; 694 LIFE AND TIMES OF and, in our case, it is both necessarily implied and expressly given. An attempt by force of arms to destroy a government is an offense, by whatever 'means the constitutional compact may have been formed ; and such government has the right, by the law of self-defense, to pass acts for punishing the offender, unless the right is modified, restrained, or resumed by the constitutional act. In our system, although it is modified in the case of trea- son, yet authority is expressly given to pass all laws necessary to carry its powers into effect, and under this grant provision has been made for punishing acts which obstruct the* due administra- tion of the laws. It would seem superfluous to add anything to show the nature of that union which connects us ; but as erroneous opin- ions on this subject are the foundation of doctrines the most destructive to our peace, I must give some further development to my views on this subject. No one, fellow-citizens, has a higher reverence for the reserved rights of the States than the Magis- trate who now addresses you ; no one Avould make greater personal sacrifices of official exertions to defend them from violation ; but equal care must be taken to prevent, on their part, an improper interference with, or resumption of, the rights they have vested in the Nation. The line has been so distinctly drawn as to avoid doubts in some cases of the exercise of power. Men of the best intentions and soundest views may differ in their construction of some parts of the Constitution ; but there are others on which dispassionate reflection can leave no doubt. Of this nature ap- pears to be the assumed right of secession. It rests, as we have seen, on the alleged undivided sovereignty of the States, and, on their having formed, in this sovereign capacity, a compact, which is called the Constitution, from which, because they made it, they have a right to secede. Both of these positions are erroneous, and some of the arguments to prove them so have been anticipated. The States severally have not retained their entire sover- eignty. It has been shown that in becoming parts of a Nation, not members of a league, they surrendered many of their essen- tial parts of sovereignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were all of them functions of sovereign power. The States, then, for all these important purposes, were no longer sovereign. The allegiance of their citizens was transferred, in the first instance, to the Government of the United States; they became ANDREW JACKSON. 595 American citizens, and owed obedience to the Constitution of the United States, and to laws made in conformity with the powers it vested in Congress. This last position has not been, and can not be, denied. How, then, can that State be said to be sovereign and independent, whose citizens owe obedience to laws not made by it, and whose magistrates are sworn to disregard those laws when they come in conflict with those passed by another ? What shows conclusively that the States can not be said to have reserved an undivided sovereignty is, that they expressly ceded the right to punish treason, not treason against their separate power, but treason against the United States. Treason is an oflTense against sovereignty, and sovereignty must reside with the power to punish it. But the reserved rights of the States are not less sacred because they have for their common interest made the General. Government the depository of these powers. The unity of our political character (as has been shown for another purpose) commenced with its A'^ery existence. Under the Royal Government we had no separate character ; but opposition to its oppressions began as United Colonies. We were the United States under the Confederation ; and the name was perpetuated, and the Union rendered more perfect by the Federal Constitu- tion. In none of these stages did we consider ourselves in any other light than as forming one Nation. Treaties and alliances were made in the name of all. Troops were raised for the joint defense. How, then, with all these proofs, that under all changes of our position, we had, for designated purposes, and with defined powers, created national Governments, how is it that the most perfect of those several modes of union should now be con- sidered as a mere league that may be dissolved at pleasure ? It is from an abuse of terms. Compact is used as synonymous with league, although the true term is not employed, because it would at once show the fallacy of the reasoning. It would not do to say that our Constitution was only a league, but it is labored to prove it a compact (which, in one sense, it is), and then to argue that, as a league is a compact, every compact between nations must, of course, be a league, and that from such an engagement every sovereign power has a right to secede. But it has been shown that, in this sense, the States are not sovereign, and that even if they and the National Constitution had been formed by compact, there would be no right in any one State to exonerate itself from its obligations. 596 LIFE AND TIMES OF So obvious are the reasons which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced by mutual sacrifices of inter- ests, and opinions. Can those sacrifices be recalled? Can the States, who magnanimously surrendered their title to the territo- ries of the West, recall the grant? WUl the inhabitants of the inland States agree to pay the duties that may be imposed with- out their assent by those on the Atlantic or the Gulf for their own benefit ? Shall there be a free port in one State and oner- ous duties in another ? No one believes that any right exists in a single State to involve all the others in these and countless other evils contrary to engagements solemnly made. Every one must see that the other States, in self-defense, must oppose it at all hazards. These are the alternatives that are presented by the Conven- tion : A repeal of all the acts for raising revenue, leaving the Government without the means of support ; or an acquiescence in the dissolution of our Union by the secession of one of its mem- bers. When the first was proposed it was known that it could not be listened to for a moment. It was known if force was ap- plied to oppose the execution of the laws, that it must be repelled by force; that Congress could not, without involving itself in disgrace and the country in ruin, accede to the proposition ; and yet if this is not done in a given day, or if any attempt is made to execute the laws, the State is, by the Ordinance, declared to be out of the Union. The majority of a Convention assembled for the purpose have dictated these terms, or rather this rejection of all terms, in the name of the people of South Carolina. It is true, that the Governor of the State speaks of the submission of their grievances to a convention of all the States ; which, he says, they "sincerely and anxiously seek and desire." Yet this obvious and Constitutional mode of obtaining the sense of the other States on the construction of the federal compact, and amending it, if necessary, has never been attempted by those who have urged the State on to this destructive measure. The State might have proposed the call for a general convention to the other States ; and Congress, if a sufiicient number of them concurred, must have called it. But the first magistrate of South Carolina, when he expressed a hope that, "on a review by Congress and the functionaries of the General Government of the merits of the controversy," such a convention will be ANDREW JACKSON. 597 accorded to them, must have known that neither Congress nor any functionary of the General Government has authority to call such a convention, unless it be demanded by two-thirds of the States. This suggestion, then, is another instance of the reckless in- attention to the provisions of the Constitution with which this crisis has been madly hurried on ; or of the attempt to persuade the people that a Constitutional remedy had been sought and re- fused. If the Legislature of South Carolina " anxiously desired" a General Convention to consider their complaints, why have they not made application for it in the way the Constitution points out. The assertion that they "earnestly seek" it is com- pletely negatived by the omission. This, then, is the position in which we stand. A small ma- jority of the citizens of one State in the Union have elected delegates to a State Convention ; that Convention has ordained that all the revenue laws of the United States must be repealed, or that they are no longer a member of the Union. The Gov- ernor of that State has recommended to the Legislature the rais- ing of an army to carry the secession into effect, and that he may be empowered to give clearances to vessels in the name of the State. No act of violent opposition to the laws has yet been com- mitted, but such a state of things is hourly apprehended, and it is the intent of this instrument to proclaim not only that the duty imposed on me by the Constitution, to "take care that the laws be faithfully executed," shall be performed to the extent of the powers already vested in me by law, or of such others as the wis- dom of Congress shall devise and intrust to me for that purpose ; but to warn the citizens of South Carolina, .who have been de- luded into an opposition to the laws, of the danger they will in- cur by obedience to the illegal and disorganizing Ordinance of the convention ; to exhort those who have refused to support it to persevere in their determination to uphold the Constitution and laws of their country, and to point out to all the perilous situation into which the good people of that State have been led, and that the course they are urged to pursue is one of ruin and disgrace to the very State whose rights they affect to support. Fellow-citizens of my native State, let me not only admonish you, as the first Magistrate of our common country, not to incur the penalty of its laws, but use the influence that a father would over his children whom he saw rushing to certain ruin. In that 598 LIFE AND TIMES OF paternal language, with that paternal feeling, let me tell you, my countrymen, that you are deluded by men who are either deceived themselves or wish to deceive you. Mark under what pretenses you have been led on the brink of insurrection and treason, on which you stand ! First a diminution of the value of your staple commodity, lowered by over-production in other quarters, and the consequent diminution in the value of your lands, were the sole effect of the tariff laws. The effect of those laws was con- fessedly injurious, but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burthens were in proportion to your exports, not to your consumption of imported articles. Your pride was roused by the assertion that a submission to those laws was a state of vassalage, and that resist- ance to them was equal in patriotic merit to the opposition of our fathers offered to the oppressive laws of Great Britain. You were told that this opposition might be peaceably, might be Constitu- tionally made, that you might enjoy all the advantages of the Union and bear none of its burthens. Eloquent appeals to your passions, to your State pride, to your native courage, to your sense of real injury, were used to prepare you for the period when the mask which concealed the hideous features of disunion should be taken off. It fell, and you were made to look with compla- cency on objects which not long since you would have regarded with horror. Look back to the arts which have brought you to this state ; look forward to the consequences to which it must in- evitably lead ! Look back to what was first told you as an induce- ment to enter into this dangerous course. The great political truth was repeated to you, that you had the revolutionary right of resisting all laws that were palpably unconstitutional and intol- erably oppressive ; it was added, that the right to nullify a law rested on the same principle, but that it was a peaceable remedy ! This character which was given to it made you receive with too much confidence the assertions that were made of the unconstitu- tionality of the law and its oppressive effects. Mark, my fellow- citizens, that by the admission of "your leaders the unconstitution- ality must be palpable, or it will not justify either resistance or nullification ! What is the meaning of the word palpable in the sense in which it is here used ? That which is apparent to every one, that which no man of ordinary intellect will fail to perceive. Is the unconstitutionality of these of that description ? Let those among your leaders who once approved and advocated the prin- ANDREW JACKSON. 699 ciple of protective duties, answer the question; and let them choose whether they will be considered as incapable, then, of per- ceiving that which must have been apparent to every man of common understanding, or as imposing upon your confidence and endeavoring to mislead you now. In either case they are unsafe guides in the perilous path they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the exaggerated language they address to you. They are not cham- pions of liberty, emulating the fame of our Revolutionary fathers, nor are you an oppressed people contending, as they repeat to you, against worse than Colonial vassalage. You are free mem- bers of a flourishing and happy Union. There is no settled de- sign to oppress you. You have inde'ed felt the unequal operation of laws which may have been unwisely, not unconstitutionally passed; but that inequality must necessarily be removed. At the very moment when you were madly urged on to the unfortu- nate course you have begun, a change in public opinion had com- menced. The nearly approaching payment of the public debt, and the consequent necessity of a diminution of duties, had already produced a considerable reduction, and that too on some articles of general consumption in your State, The importance of this change was underrated, and you were authoritatively told that no further alleviation of your burthens was to be expected, at the very time when the condition of the country imperiously demanded such a modification of the duties as should reduce them to a just and equitable scale. But, as if apprehensive of the effect of this change in allaying your discon- tents, you were precipitated into the fearful state in which you now find yourselves. I have urged you to look back to the means that were used to hurry you on to the position you have now assumed, and for- ward to the consequences it will produce. Something more is necessary. Contemplate the condition of that country of which you still form an important part; consider its Government, uniting in one bond of common interest and general protection so many diflferent States, giving to all their inhabitants the proud title of American citizen, protecting their commerce, securing their literature and their arts, facilitating their intercommunication, defending their frontiers, and making their name respected in the remotest parts of the earth ! Consider the extent of their terri- tory, its increasing and happy population, its advance in arts. 600 LIFE AND TIMES OF which render life agreeable, and the sciences which elevate the mind ! See education spreading the lights of religion, morality, and general information, into every cottage in this wide extent of Territories and States ! Behold it as the asylum where the wretched and the oppressed find a refuge and support ! Look on this picture of happiness and honor, and say, We, too, are citizens of America ; Carolina is one of these proud States ; her arms have defended, her best blood has cemented this happy Union ! And then add, if you can, without horror and remorse, This happy Union we will dissolve, this picture of peace and pros- perity we will deface, this free intercourse we will interrupt, these fertile fields we will deluge with blood, the protection of that glorious flag we renounce, the very name of Americans we discard. And for what, mistaken men! for what do you throw away these inestimable blessings ? for what would you exchange your share in the advantages and honor of the Union ? For the dream of a separate independence, a dream interrupted by bloody con- flicts with your neighbors, and a vile dependence on a foreign power. If your leaders could succeed in establishing a separa- tion, what would be your situation? Are you united at home, are you free from the apprehension of civil discord, with all its fearful consequences? Do our neighboring republics, every day suffering some new revolution or contending with some new in- surrection, do they excite your envy? But the dictates of a high duty oblige me solemnly to announce that you can not succeed. The laws of the United States must be executed. I have no dis- cretionary power on the subject; my duty is emphatically pro- nounced in the Constitution. Those who told you that you might peaceably prevent their execution, deceived you; they could not have been deceived themselves. They know that a forcible opposition could alone prevent the execution of the laws, and they know that such opposition must be repelled. Their object is disunion; but be not deceived by names; disunion, by armed force, is treason. Are you really ready to incur its guilt? If you are, on the heads of the instigators of the act be the dreadful consequences, on their heads be the dishonor, but on yours may fall the punishment, on your unhappy State will in- evitably fall all the evils of the conflict you force upon the Gov- ernment of your country. It can not accede to the mad project of disunion of which you would be the first victims; its first Magistrate can not, if he would, avoid the performance of his ANDREW JACKSON. 601 duty; the consequence must be fearful for you, distressing to your fellow-citizens here, and to the friends of good government throughout the world. Its enemies have beheld our prosperity w'ith a vexation they could not conceal ; it was a standing refuta- tion of their slavish doctrines, and they will point to our discord with the triumph of malignant joy. It is yet in your power to disappoint them. There is yet time to show that the descendants of the Pinckneys, the Sumters, the Rutledges, and of the thou- sand other names which adorn the pages of your Revolutionary history, will not abandon that Union, to support which, so many of them fought, and bled, and died. I adjure you, as you honor their memory, as you love the cause of freedom to which they dedicated their lives, as you prize the peace of your country, the lives of its best citizens, and your own fair fame, to retrace your steps. Snatch from the archives of your State the disorganizing edict of its convention, bid its members to reassemble and pro- mulgate the decided expressions of your will to remain in the path which alone can conduct you to safety, prosperity, and honor; tell them that compared with disunion, all other evils are light, because that brings with it an accumulation of all ; declare that you will never take the field unless the star-spangled banner of your country shall float over you ; that you will not be stig- matized when dead, and dishonored and scorned while you live, as the authors of the first attack on the Constitution of your country ! Its destroyers you can not be. You may disturb its peace, you may interrupt the course of its prosperity, you may cloud its reputation for stability, but its tranquillity will be restored, its prosperity will return, and the stain upon its national character will be transferred, and remain an eternal blot on the memory of those who caused the disorder. Fellow-citizens of the United States ! The threat of unhal- lowed disunion, the names of those, once respected, by whom it is uttered, the array of military force to support it, denote the approach of a crisis in our affairs on which the continuance of our unexampled prosperity, our political existence, and perhaps that of all free governments, may depend. The conjecture de- manded a free, a full, and explicit enunciation, not only of my intentions but of my principles of action; and as the claim was asserted of a right by a State to annul the laws of the Union, and even to secede from it at pleasure, a frank exposition of my opinions in relation to the origin and form of our Government, 602 LIFE AND TIMES OF and the construction I give to the instrument by which it was created, seemed to be proper. Having the fullest confidence in the justness of the legal and Constitutional opinion of my duties which has been expressed, I rely with equal confidence on your undivided support in my determination to execute the laws, to preserve the Union by all Constitutional means, to arrest, if possible, by moderate but firm measures, the necessity of a re- course to force; and, if it be the will of Heaven that the recur- rence of its primeval curse on man for the shedding of a broth- er's blood should fall upon our laud, that it be not called down by any offensive act on the part of the United States. Fellow-citizens! the momentous case is before you. On your undivided support of your Government depends the de- cision of the great question it involves, whether your sacred Union will be preserved, and the blessing it secures to us as one people shall be perpetuated. No one can doubt that the una- nimity with which that decision will be expressed, will be such as to inspire new confidence in republican institutions, and that the prudence, the wisdom, and the courage which it will bring to their defense, will transmit them unimpaired and invigorated to our children. May the great Ruler of nations grant that the signal blessings with which He has favored ours, may not, by the madness of party or personal ambition, be disregarded and lost; and may His wise providence bring those who have produced this crisis, to see the folly before they feel the misery of civil strife; and inspire a returning veneration for that Union, which, if we may dare to penetrate His designs, he has chosen as the only means of attain- ing the high destinies to which we may reasonably aspire ! In testimony, whereof, I have caused the seal of the United States to be hereunto aflSxed, having signed the same with my hand. Done at the City of Washington, this 10th day of Decem- ber, in the year of our Lord one thousand eight hundred and thirty-two, and of the Independence of the United State the fifty-seventh. By the President: Andrew Jackson. Edwabd Livingston, Secretary of State. Although there has been some variety of opinion as to how far General Jackson himself furnished the ANDREW. JACKSON. 603 substance and language of this paper, his biographers have mainly held to the idea that to his pen (one of prodigious size) was due the first draft, and that Mr. Livingston then gave it the finish. And, no doubt, he did furnish many a well-inked page of his intense and fiery ideas which gave spirit to the work in the hands of its real author. Charles H. Hunt, in his " Life of Edward Livingston," gives the following account, mainly correct, no doubt, of the origin of the Procla- mation : — "Among the private papers which the writer has examined in the course of preparing this volume, is the original draught of the celebrated Proclamation of the 10th of December, 1832, entirely in Livingston's handwriting, much amended by erasures and interlineations, according to his invariable habit in all but epistolary correspondence. During the progress of the task, he received from the President the two following notes : — " ' FOR THE CONCLUSION OF THE PROCLAMATION. " ' Seduced as you have been, my fellow-countrymen, by the delusive theories and misrepresentations of ambitious, deluded, and designing men, I call upon you in the language of truth, and with the feelings of a father, to retrace your steps. As you value liberty and the blessings of peace, blot out from the page of your history a record so fatal to their security as this Ordinance will become, if it be obeyed. Eally again under the banners of the Union, whose obligations you, in common with all your country- men, have, with an appeal to Heaven, sworn to support, and which must be indissoluble as long as we are capable of enjoying freedom. '" Recollect that the first act of resistance to the laws which have been denounced as void by those who abuse your confidence and falsify your hopes in treason, subjects you to all the pains and penalties that are provided for the highest offense against your country. Can the descendants of the Rutledges, the Pinck- neys, the Richardsons, the Middletons, the Sumters, the Marions, the Pickenses, the Bratons, the Taylors, the Haynes, the Gads- dens, the Winns, the Hills, the Henshaws, and the Crawfords, with the descendants of thousands more of the patriots of the 604 LIFE AND TIMES OF Kevolution that might be named, consent to become traitors? Forbid it, Heaven !' " ' Dear Sir, — I submit the above as the conclusion of the Proclamation, for your amendment and revision. Let it receive your best flight of eloquence, to strike to the heart and speak to the feelings of my deluded countrymen of South Carolina. The Union must be preserved without blood, if this be possible ; but it must be preserved at all hazards and at any price. , " ' Yours with high regard, Andrew Jackson. " * Edward Livingston, Esq. " ' December 4, 1832, 11 o'clock P. M.' Friday, at night, Dec. 7th. "*My Dear Sir, — Major Donelson, having finished copying the sheets handed by you about 4 o'clock P. M. to-day, is waiting for the balance. Such as are ready, please send, sealed, by the bearer. The message having been made public on the 4th, it is desirable, whilst it is drawing the attention of the people in South Carolina, that their minds should be drawn to their real situation, before their leaders can, by false theories, delude them again. Therefore it is to prevent blood from being shed and positive treason committed, that I wish to draw the attention of the people of South Carolina to the danger, that no blame can attach to me by being silent. From these reasons you can judge of my anxiety to have this to follow the message. " ' Yours respectfully, Andrew Jackson. " ' E. Livingston, Esq., Secretary of State.' "The sentences above proposed as hints for the conclusion of the Proclamation were, I think, the only suggestion made in writing by General Jackson in relation to the form of this cele- brated State paper, though he did not fail orally and repeatedly to impress upon Mr. Livingston his own views of the subject in characteristically concise and emphatic terms. The few phrases conceived by the President were not used by the Secretary. The thoughts they embody appear here and there in the following closing paragraphs of the proclamation : . . . "The amendments on the face of the manuscript are all purely philological, and such as Mr. Livingston habitually and constantly made, as has been before stated. ... As to what might be the final issue of tlie controversy between South Carolina ANDREW JACKSON. 605 and the Federal Government, as influenced by the possible public opinion of the country, the mind of the Secretary could contem- plate and state two opposite hypotheses, while the more dogmatic intellect of the President could neither imagine npr admit but one." Throughout the North this Proclamation was re- ceived with great favor, without respect to party, and many who had opposed Jackson and his Administra- tion were now loud in his praise. Still many Northern people deplored or regretted the turn the big tempest took, as they felt that some time a conflict would take place which this temporizing policy could not avert. The Legislature and Governor of South Carolina made a great show of resistance to this Proclamation. But Jackson went on his way. On the 16th of January, 1833, he sent another message to Congress, in which he reviewed the case of the nuUifiers as it then stood, gave additional views against them, and asked for necessary provisions to enable him to act efficiently and decisively in suppressing the rebellion. This message resulted in the passage of what was known as the " Force Bill," authorizing the President to act, but which was not brought into requisition. General Jack- son was not the man to be behind in a business for which he was eminently fitted. Before the nullification message of the 16th, and even before the proclamation, he had begun to send troops to the South, and a con- siderable force was gathered in Charleston Harbor ready for the crisis which was to come on Febru- ary 1st. But the contest was fought and settled in Congress. Of this troublesome afiair, and some other impor- tant matters brought before Congress at this session, 606 LIFE AND TIMES OF the author of the " Statesman's Manual " says briefly and to the point : — "The Secretary of the Treasury, Mr. McLane, in his report to Congress, urged upon that body a reduction of duty to the revenue standard, and declared that ' there was not the same necessity for high protecting duties as that which was consulted in our past legislation.' "It was now distinctly foreseen that the final contest relating to a protecting tariff was about to be decided. Upon distribut- ing the various subjects recommended to the consideration of Congress, this was referred in the House, to the Committee of Ways and Means, of which Mr. Verplanck, of New York, was chairman. "Notwithstanding a new tariff had been adopted at the last session, after a lengthened discussion, and by large majorities, it was now determined to remodel the whole, to conciliate its oppo- nents at the South, and on the 27th of December a bill was re- ported by the Committee of Ways and Means, which was under- stood to embody the views of the Administration. "In the Senate, also, the subject was taken up at an early period, and on the 13th of December, the chairman of the Com- mittee of Finance presented a resolution calling on the Secretary of the Treasury for the plan and details of a bill in conformity with his suggestions. After some debate as to the propriety of calling on a branch of the Executive Department for an opinion, instead of facts or information, the resolution was adopted. "The bill reported in the House by Mr. Verplanck, proposed a diminution on all the protected articles, to take effect imme- diately, and a further diminution on the 2d of March, 1834. By this bill, a great and immediate reduction was contemplated upon the chief manufactures of the country, and a further re- duction to the revenue standard in 1834. This would afford to the domestic manufacturer a protecting duty from fifteen to twfenty per cent, and with this advantage, the opponents of high duties argued that he should be content. On the other side, it was contended that the diminution was too great, and that by suddenly bringing the duties down to the minimum point, the Government would violate its faith with those who had been induced to embark in manufacturing, by the adoption of what was declared to be the settled policy of the country, and who ANDREW JACKSON. 607 would be ruined by a sudden and unexpected withdrawal of the protection they enjoyed, "The bill of last session which was framed with the view of settling the question, had not yet been fairly tested, and it was insisted that such a vacillating course on the part of the Govern- ment, was positive injustice to those who had vested their capital under the existing laws. "While the discussion on the bill was going on, new interest was imparted to the subject by a message from the President to Congress, on the 16th of January, communicating the South Carolina ordinance and nullifying laws, together with his own views as to what should be done under the existing state ot affairs. Upon the message being read in the Senate, Mr. Cal- houn repelled, in the most earnest manner, the imputation of any hostile feeling or intentions against the Union on the part of South Carolina. The State authorities, he asserted, had looked only to a judicial decision upon the question, until the concen- tration of the United States troops at Charleston and Augusta had compelled them to make provision to defend themselves. "The judiciary committee, to whom the message was referred, reported a bill to enforce the collection of the revenue where any obstructions were offered to the officers employed in that duty. It vested full power in the President to employ the land and naval forces of the United States, if necessary, to carry the rev- enue laws into effect. "After the bill was reported to the Senate, Mr. Calhoun offered a series of resolutions, embodying his views and those who sustained the doctrines of nullification, with regard to the powers of the General Government and the rights of the States. Mr. Grundy, of Tennessee, offered other resolutions as substitutes for Mr. Calhoun's, and which set forth the views of the Admin- istration. The latter were not deemed, by a portion of the Sen- ate, fully to set forth the character of the Government, inasmuch as while they declare the several acts of Congress laying duties on imports to be Constitutional, and deny the power of a single State to annul them or any other Constitutional law, they tacitly yield the whole doctrine of nullification, by the implied admission that any unconstitutional law may be judged of by the State in the last resort, and annulled by the same authority. With the view of having placed upon record his opinions upon that point, Mr. Clayton, of Delaware, an opposition Senator, proposed a resolution, 608 LIFE AND TIMES OF setting them forth, and declaring that ' the Senate will not fail, in the faithful discharge of its most solemn duty, to support the Executive in the just administration of the Government, and clothe it with all Constitutional power necessary to the faithful execution of the laws and the preservation of the Union.' "The whole subject was now before Congress; and the State Legislatures, being generally in session, passed resolutions ex- pressing their opinions as to the course which that body ought to adopt. "In the Legislatures of Massachusetts, Connecticut, New York, Delaware, Tennessee, Indiana, and Missouri, the doctrines of nullification were entirely disclaimed, as destructive to 'the Constitution. Those of North Carolina and Alabama were no less explicit in condemning nullification, but they also expressed an opinion that the tariff was unconstitutional and inexpedient. "The State of Georgia also reprobated the doctrine of nullifi- cation as unconstitutional, by a vote of 102 to 51 in her Legisla- ture ; but it denounced the tariff in decided terms, and proposed a convention of the States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Tennessee, and Mississippi, to devise measures to obtain relief from that system. "The Legislature of Virginia assumed a more extraordinary ground. The subject was referred to a committee on federal relations, and a general discussion was had on the powers of the Government; and finally resolutions were passed, earnestly re- questing South Carolina not to proceed further under the Ordi- nance of their convention to reduce the import duties to a revenue standard, and declaring that the people of Virginia expect that the General Government and the government of South Carolina will carefully abstain from all acts calculated to disturb the tran- quillity of the country. "After further resolving that they adhere to the principles of the Virginia Resolutions of 1798, but that they do not con- sider them as sanctioning the proceedings of South Carolina, or the President's Proclamation, they proceeded to appoint Benjamin' W. Leigh, as a commissioner on the part of the State, to pro- ceed to South Carolina, to communicate the resolutions of Vir- ginia, and to express their good-will to the people of that State, and their anxious solicitude for an accommodation between them and the General Government. "The State of New Hampshire expressed no opinion as to ANDREW JACKSON. 609 the doctrines of South Carolina, but the Legislature passed reso- lutions in favor of reducing the tariff to the revenue standard. "On the other hand, the Legislatures of Massachusetts, Ver- mont, Rhode Island, New Jersey, and Pennsylvania, declared themselves to be opposed to any modification of the tariff. "While the States were thus sustaining their respective views and interests. Congress was slowly proceeding in the discussion of the questions belonging to the subject. In the House, the bill for reducing the tariff was subjected to an ordeal that threatened to prove fatal to its passage through that body. The discussion upon its general principles occupied the House for two weeks after its introduction, and was resumed from time to time, during the examination of its details, for the purpose of amendment; and but little prospect appeared of bringing about any satisfac- tory termination of this long-disputed question. "The authorities of South Carolina, in the meantime, ex- erted themselves to increase the military force of the State. Munitions were provided, depots formed, and the militia in the nullifying districts were called upon to volunteer in her defense. On the other hand, the minority of the people, who called them- selves the Union party, were equally determined not to submit to the nullifying ordinance and laws, and prepared themselves with equal firmness and zeal to sustain the Federal authorities. A spark was sufficient to kindle the flame of civil war, but for- tunately no accident occurred to bring about a collision. The reveuue laws, under the protection of the forces of the General Government, were carried into effect without any opposition by violence. No attempt was made to enforce the laws under the Ordinance of the State convention, and on the 31st of January, at a meeting of the leading nullifiers at Charleston, after reiter- * ating their determination to maintain their principles, and ex- pressing their satisfaction at the proposition to modify the tariff, it was resolved that during the session of Congress, all collision be avoided between the State and Federal authorities, in the hope that the controversy might be satisfactorily adjusted. " During these proceedings in South Carolina, the enforcing bill, providing for the collection of duties, was pressed forward to a vote. It was, however, delayed in the Senate, by a length- ened discussion, until the 20th of February, when it passed that body by a vote of 32 ayes ; Mr. Tyler, only, voting in the nega- tive, the opponents of the bill generally having withdrawn. It also 39— G 610 LIFE AND TIMES OF passed the House on the 28th of February, 150 to 35, and be- came a law. "The tariff" bill reported by Mr. Verplanck, and sustained by the friends of the Administration in the House of Representa- tives, was delayed in that body until the 12th of February; when Mr. Clay, of the Senate, apprehending either the passage of that bill, which he considered would be destructive to the manufacturing interests, or that Congress would adjourn, leaving the matter unsettled, and the country in danger of a civil war, introduced, pursuant to notice, a measure of compromise in the Senate. This was a bill which had been prepared, after much consultation, for the permanent adjustment of the tariff". It pro- vided, that where the duties exceeded twenty per cent, there should be one-tenth part of the excess deducted after December 30, 1833, and one-tenth each alternate year, until the 31st of December, 1841, when one-half of the residue was to be de- ducted, and after the 30th of June, 1842, the duties on all goods were to be reduced to twenty per cent on a home valuation, and were to be paid in cash. "After Mr. Clay had stated that his views in introducing the bill were to preserve the protective tariff" for a length of time, and to restore good feelings and tranquillity among the people, he explained the proposed measure and its probable operation. Mr. Calhoun expressed his approbation of the bill; and it was dis- cussed by various Senators until the 23d of February, when it was ordered to a third reading. On the 25th, Mr. Clay stated that a bill identical in its provisions to the one before the Senate, had just passed the House, and would probably be presented the next day to the Senate for approval. The Senate, on his motion, therefore adjourned. "In the House of Representatives, Mr. Verplanck's bill was taken up for discussion, when, on motion of Mr. Letcher, of Kentucky, it was recommitted, with instructions to report Mr. Clay's bill. The bill being referred to the committee, the substi- tute was agreed to, forthwith reported to the House, and the fol- lowing day passed, by a vote of 119 to 85. In the Senate, after some further discussion, it passed, ayes 29, noes 16, and received the signature of the President on the 2d of March, 1833. "The passage of this bill was regarded by all as a concession to South Carolina, and many considered it as sanctioning the ultimate triumph of the principles advanced by that State. ANDREW JACKSON. 611 "The supporters of the bill who were friendly to the system of protection insisted, on the contrary, that this was the only mode of preventing an entire and immediate destruction of the manufacturing interests ; that the Administration had a decided majority in the next Congress; and if the question was not set- tled now, the manufacturers would be entirely at the mercy of their enemies. "Those who looked to the ultimate results of this compro- mise, preferred to test, rather than to surrender, the powers of the Government, and they strongly reprobated the idea of aban- doning the policy of the Government upon the demand of a single State. "The leaders of the nullifying party, on their part, affected to regard the compromise as an unqualified triumph. The con- vention of South Carolina assembled at Columbia, at the call of the Governor, on the 11th of March, and, deeming it expedient to consider the compromise tariff as satisfactory, they repealed, the Ordinance nullifying the revenue laws, and nullified the enforcing law. After this the tarifi* controversy in South Caro- lina ended. ' ' The bill providing for the distribution of the proceeds of the sales of the public lands among the States, was again intro- duced by Mr. Clay, at an early period of this session. After much discussion, it passed that body on the 25th of January, ayes 24, noes 20. It was not taken up in the House until the 1st of March, when, after being amended, it was passed, ayes 96, nays 40, and sent back to the Senate. The amendment of the House was concurred in by the Senate, 23 to 5. These votes indicated that two-thirds of both Houses were in favor of the policy proposed to be established by Mr. Clay's bill; and if the President had returned the bill with his objections, it was understood that it would have become a law, notwithstanding the veto. "This opportunity, however, was not given to them, as the President retained the bill until after the adjournment, which took place at the termination of their Constitutional term on the 3d of March, and thus prevented Congress from expressing its opinion upon his objections. The bill was thus defeated by the Executive, who in this manner assumed an absolute instead of a qualified veto upon the acts of Congress, which was confided to him by the Constitution. The reason of the President for his 612 LIFE AND TIMES OF course in this matter, as given to the next Congress, was want of time for a due consideration of this important measure. "Among the subjects recommended by the President in his annual message in December, 1832, was the propriety of remov- ing the public moneys from the United States Bank. The Sec- retary of the Treasury, who had hitherto advocated the re-charter of the Bank, followed up the President's recommendation by the expression of his doubts as to their safety, if continued in its custody. An agent appointed by the Treasury to investigate the actual condition of the Bank, shortly after made his report, and it appeared that this institution had an excess of funds of more than seven millions of dollars over its liabilities, besides its capital of $35,000,000. "The President also recommended a sale of the stock of the bank belonging to the United States. A proposition to that effect, reported by Mr. Polk from the Committee of Ways and Means in the House, was rejected on the first reading, 102 to 91. "The subject of the public deposits w^as referred to the same committee, who, through Mr. Verplanck, made a report stating the situation of the Bank. They consequently recommended a resolution that the Government deposits may, in the opinion of the House, be safely continued in the Bank of the United States. This resolution was adopted by the House — ayes, 109; noes, 46." When the result was reached in the Senate, Mr. Benton who, of course, voted with the minority, said : "And thus a new principle of protection, never before engrafted upon the American system, and to get at which the Constitution had to be violated in the article of the uniformity of duties, was established ! and established by the aid of those who declared all protec- tion to be unconstitutional, and just cause for the secession of a State from the Union ! and were then acting on that assumption." The tariff of 1828 was justly complained of by the South, and the argument against the complaint and resistance, to the effect that the tariff was a beneficial national measure, was hardly fair or sufficient. The ANDREW JACKSON. 613 tariff did, perhaps, bear unequally on the South, and only Louisiana had assented to it. The evil was not in opposition to the tariff, but in the remedy of nulli- fication adopted by South Carolina, and supported by many of the Southern leaders. Nullification was a Jacobinic falsehood. And however much it was in harmony with the character of General Jackson, it was not in keeping with his position as President to let it control the Government. Besides this, there was a personal, or another personal, consideration in the case. General Jackson could not dismiss from his acts or opinions on public matters, his personal identity, his private animosities. He suspected and then hated Mr. Calhoun, and this hatred destroyed Mr. Calhoun's chances for the Presidency. His quarral with Cal- houn based upon the most trifling and unmanly foun- dation, exerted a marked influence on national affairs, as did several other matters, which should have had no place in the moral and civil history of the times. How far he was influenced in his opposition to nulli- fication by his personal animosity towards Mr. Calhoun, who had become the apostle of the false prijiciple, it would, perhaps, not be easy to say. That Calhoun had fallen from his pinnacle, and become the champion of this hapless dogma, on account of this personal quarrel, for which he was not responsible or blamable, with General Jackson, there need be no dispute. The South was, however, disappointed in Jackson. The leaders in that section had reason to suppose that he would side with them, and ignore the authority and dignity of the Government. He had done so in the Georgia Indian difficulties. But whatever were the motives and causes, fortunately General Jackson 614 LIFE AND TIMES OF took a stand against nullification. That he would do so was plainly enough announced in the Jefferson birthday banquet, April 30, 1830, at Washington. He did not stop with his celebrated " toast." In a letter dated June 14, 1831, he notified the South Carolinians that a force policy against nullification might be expected of him. The nullifiers started out with what they believed to be a non-impeachable backing. Thomas Jefferson was their oracle. But this authority was never especially great with Gen- eral Jackson. During the Administration of John Adams the Alien and Sedition Laws were passed, and, although Mr. Adams did not originate these acts, yet they have always been charged as his great political sin. A hue and cry went from the mouths of the opposition about these famous acts at the time, which have never been allowed to die. But these measures were, in them- selves, proper enough, and, at the moment, entirely necessary. They were brave, manly, patriotic laws, and their leading opponents saw occasions for their salutary application in after times. The Alien and Sedition Laws were really a credit to the wisdom and patriotism of the Federalists. But of nullification what can be said ? Yet Mr. Jefferson was its author. In his famous Kentucky Resolutions the doctrine was distinctly and simply announced. That the Legislature of that State omitted the doc- trine in the resolutions as adopted in 1798, did not change the fact, it was in Mr. Jefferson's writing ; and in the additional resolutions of the following year, goaded by the sting of failure, the Kentucky Legisla- ture merely introduced the nullification theory, which ANDREW JACKSON. 615 it had not been desperate enough to do before. There can be no comparison between the ground- lessness and folly of nullification and the salutary and proper purposes of the " Alien and Sedition Laws." The opposition to them at the outset was factious and mean, and since it has been factious and foolish. For the last fifty years, few of those w^ho have cried "Alien and Sedition Laws" have, per- haps, understood their character, or known the des- perate necessity on which they were founded. All of the rest of the Union opposed the nullifi- cation action of South Carolina, and some of the States favored no tariff, most of them favored a reduction, some of them opposed any reduction, and were unwill- ing to treat with or pamper as pirit so dangerous as to give rise to nullification, and, more ridiculous than any other State, Virginia wanted to appear as a mediator between the Government and the rebellious State. South Carolina, in an authoritative and formal way called General Jackson a usurper and a tyrant, and this so aroused the "bull-dog" in him that he medi- tated making characteristic examples of some of the nullifiers. No man could call General Jackson names with impunity. At all events, the experiment was dangerous. Nothing that Jackson ever did added justly so much to his political fame as this Proclama- tion and his opposition to nullification. 616 LIFE AND TIMES OF CMAPTER XXX. ELECTORAL COUNT— PRESIDENT JACKSON'S SECOND INAU- GURAL ADDRESS— HARVARD MAKES ANOTHER LL. D. ANOTHER exciting Presidential election had re- sulted in a conquest for the Hero of New Or- leans. He had put his greatest enemy under his feet. To do this it was not necessary to hurl at him the old exploded charge of "bargain and corruption," but even this he had not neglected. His adversaries, however, had no conscientious qualms, and his conduct of public and private matters since he had been a resident of the White House gave them a rich, new field, which they explored with vigor. He was held up as the man who had positively led the people to think that he was unalterably opposed to a second term, and now he had ignored all his promises and pretensions on this point. He had even proceeded, through the machinations of his " Kitchen Cabinet," to have his re-election made to appear as a necessity be- fore his first term was half gone, and had set willing instruments in Tennessee to crying this necessity to the country. He had opposed the appointment of Congressmen to places in the control of the President, and at once had taken from Congress four members of his Cabinet, and had, in the first six months, ap- pointed more Congressmen to office, all taken together, than had been done from the formation of the Govern- ANDREW JACKSON. 617 ment to the time of his own Administration. Instead of reforming the public Administration, it had for the first time been prostituted, throughout the entire country, to party and personal purposes, and at greatly increased expense and loss to the people. Instead of being the head of the Nation, as he had proclaimed that he ought to be, he had turned the wealth and vast machinery of the Government to advancing the interest of his friends. His hostility to the Bank of the United States was ruining the country. And finally, they said that his partisan preferences, bad temper, intolerance, and support of bullying and cor- ruption had spread immorality and viciousness through- out the country, and established rudeness, corruption, and insecurity in the halls of Congress. This was a deep-dyed catalogue, indeed. But the hickory poles were raised, the roosters crowed, and the people shouted " Hurrah for Jackson," all the same, and when the votes came to be counted, Mr. Clay was farther from the Presidency than he ever had been. In the course of the hot debates in the winter of 1832, or about this time, William L. Marcy gave utter- ance to the sentiment, which was held up as a natural outbirth of the era of political corruption now intro- duced, that the politicians of New York " saw nothing wrong in the rule, that to the victors belong the spoils of the enemy." It has been said of Mr. Marcy that this evil utterance, throwing aside the virtue of prin- ciple or integrity in the administration of public affairs, was the only one he ever made which will live. Are the evil deeds and sayings of men more prolific and longer lived than their good ones ? However doubtful this may be, as a general principle, Mr. Marcy 's 618 LIFE AND TIMES OF sentiment had already been introduced by General Jack- son, and from that day to this the vile principle has been, to a great extent, the practice of the party in power whatever its general political character. In the election of 1832, all the States gave popular votes except South Carolina. In Alabama there was no Clay or Wirt ticket in the field, and hence there was no vote cast in that State against General Jackson. On the 13th of February, 1833, the electoral votes were counted in joint session of the two branches of Congress, in the Hall of the House. Of the 288 votes, Andrew Jackson had 219 Henry Clay 49 John. Floyd 11 William Wirt 7 For the Presidency. In Maryland there were two vacancies. FOR THE VICE-PRESIDENCY. Martin Van Buren received 189 John Sergeant 49 William AVilkins 30 Henry Lee 11 Amos Ellmaker 7 Mr. Wilkins got his Azotes from the Jackson men of Pennsylvania, who would not support Van Buren ; the Legislature of South Carolina cast the vote of that State, and, of course, was expected to do some char- acteristic thing, which was effected in giving the dis- tinction of her eleven votes to Floyd and Lee ; and Vermont made an everlasting mark for herself in the Electoral College by casting her seven votes for Wirt and Ellmaker, against Free Masonry. The States whose electoral votes were civen to ANDREW JACKSON. 619 General Jackson were Alabama, Georgia, Illinois, In- diana, Louisiana, Maine, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, and Virginia. Mary- land also gave him three of her eleven electoral votes, but Mr. Clay had a majority of four votes at the polls in that State. The electoral votes of Connecticut, Rhode Island, Massachusetts, Delaware, and Ken- tucky were cast for Mr. Clay. Maryland also gave him five of the eight votes which she cast. The popular vote for Mr. Clay was 530,189, while that for General Jackson, with his enormous electoral vote, was only 157,313 more. Mr. Wirt received over 33,000 votes at the polls. At 12 o'clock on the 4th of March, 1833, the President, and Vice-President elect, entered the House of Representatives. With them were Cabinet minis- ters, ministers of foreign governments, judges of the Supreme Court, Senators, and members of the House. A vast concourse of people, citizens and strangers, had assembled to see the second inauguration of Andrew Jackson as President. The President took the chair of the Speaker, and Mr. Van Buren sat on his left, and Donelson, his secretary, on his right. The Presi- dent rose, and after the cheers of the assembly had subsided, read his inaugural address in a good, audible tone. He was again cheered. The Chief Justice then administered the oath of office to him. The following is his SECOND INAUGURAL ADDRESS. March 4, 1833. Fellow-citizens, — The will of the American people, ex- pressed through their unsolicited suffrages, calls me before you to 620 LIFE AND TIMES OF pass through the solemnities preparatory to taking upon myself the duties of President of the United States for another term. For their approbation of my public conduct, through a period which has not been without its difficulties, and for this renewed expression of their confidence in my good intentions, I am at a loss for terras adequate to the expression of my gratitude. It shall be displayed, to the extent of my humble abilities, in con- tinued efforts so to administer the Government as to preserve their liberty and promote their happiness. So many events have occurred within the last four years, which have necessarily called forth, sometimes under circumstances the most delicate and painful, my views of the principles and policy which ought to be pursued by the General Government, that I need, on this occasion, but allude to a few leading consid- erations connected with some of them. The foreign policy adopted by our Government soon after the formation of our present Constitution, and very generally pursued by successive Administrations, has been crowned with almost com- plete success, and has elevated our character among the nations of the earth. To do justice to all, and to submit to wrong from none, has been, during my Administration, its governing maxim ; and so happy have been its results, that we are not only at peace with all the world, but have few causes of controversy, and those of minor importance, remaining unadjusted. In the domestic policy of this Government there are two objects which especially deserve the attention of the people and their Representatives, and which have been, and will continue to be, the subjects of my increasing solicitude. They are, the pres- ervation of the rights of the States and the integrity of the Union. These great objects are necessarily connected, and can only be attained by an enlightened exercise of the powers of each within its appropriate sphere, in conformity with the public will Consti- tutionally exj^ressed. To this end, it becomes the duty of all to yield a ready and patriotic submission to the laws Constitutionally enacted, and thereby promote and strengthen a proper confidence in those institutions of the several States and of the United States, which the people themselves have ordained for their own Government. My experience in public concerns, and the observation of a life somewhat advanced, confirm the opinions long since imbibed by me, that the destruction of our State Governments or the ANDREW JACKSON. 621 annihilation of their control over the local concerns of the people, would lead directly to revolution and anarchy, and finally to despotism and military domination. In proportion, therefore, as the General Government encroaches upon the rights of the States, in the same proportion does it impair its own power and detract from its ability to fulfill the purposes of its creation. Sol- emnly impressed with these considerations, my countrymen will ever find me ready to exercise my Constitutional powers in arresting measures which may directly or indirectly encroach upon the rights of these States, or tend to consolidate a political power in the General Government. But of equal, and, indeed, of incalculable importance, is the Union of these States, and the sacred duty of all to contribute to its preservation by a liberal support of the General Government in the exercise of its just powers. You have been wisely admonished to "accustom your- selves to think and speak of the Union as of the palladium of your political safety and prosperity, watching for its preservation with jealous anxiety, discountenancing whatever may suggest even a suspicion that it can, in any event, be abandoned, and indignantly frowning upon the first dawning of any attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts." Without union our independence and liberty would never have been achieved, without union they can never be maintained. Divided in twenty-four, or even a smaller number of separate communities, we shall see our internal trade burthened with num- berless restraints and exactions, communications between distant points and sections obstructed or cut off; our sons made sol- diers, to deluge with blood the fields they now till in peace ; the mass of our people borne down and impoverished by taxes to support armies and navies ; and military leaders at the head of their victorious legions becoming our lawgivers and judges. The loss of liberty, of all good Government, of peace, plenty, and happiness, must inevitably follow a dissolution of the Union. In supporting it, therefore, we support all that is dear to the free- man and the philanthropist. The time at which I stand before you is full of interest. The eyes of all nations are fixed on our Republic. The event of the existing crisis will be decisive, in the opinion of mankind, of the practicability of our Federal system of Government. Great is the stake placed in our hands ; great is the responsibility which 622 LIFE AND TIMES OF must rest upon the people of the United States. Let us realize the importance of the attitude in which we stand before the world. Let us exercise forbearance and firmness. Let us extri- cate our country from the dangers which surround it, and learn wisdom from the lessons they inculcate. Deeply impressed with the truth of these observations, and under the obligation of that solemn oath which I am about to take, I shall continue to exert all my faculties to maintain the just powers of the Constitution, and to transmit unimpaired to posterity the blessings of our Federal Union. At the same time it will be my aim to inculcate, by my official acts, the neces- sity of exercising, by the General Government, those powers only that are clearly delegated ; to encourage a simplicity and economy in the expenditures of the Government ; to raise no more money from the people than may be requisite for these objects, and in a manner that will best promote the interests of all classes of the community, and of all portions of the Union. Constantly bear- •ing in mind that, in entering into society, "individuals must give up a share of liberty to preserve the rest," it will be my de- sire so to discharge my duties as to foster with our brethren in all parts of the country, a spirit of liberal concession and compro- mise; and by reconciling our fellow-citizens to those partial sac- rifices which they must unavoidably make for the preservation of a greater good, to recommend our invaluable Government and Union to the confidence and affections of the American people. Finally, it is my most fervent prayer to that Almighty Being before whom I now stand, and who has kept us in his hands from the infancy of our Republic to the present day, that He will so overrule all my intentions and actions, and inspire the hearts of my fellow-citizens that we may be preserved from dan- gers of all kinds, and continue forever a united and happy PEOPLE. There was little disposition to complain of this short and peaceful address, and, in fact, it was pre- dicted that General Jackson's second term would be a comparatively harmonious and happy period. A mon- strous delusion. It was hardly in the nature of An- drew Jackson to be quiet ; it was absolutely impossible while anything was left for him to fight. The Bank ANDREW JACKSON. 623 • of the United States was not yet dead, nor was it going to give up life without another struggle. Gen- eral Jackson could not let this " monster " rest, even in his happiest moments. In May, President Jackson went down to Freder- icksburg to be present at the laying of the foundation of the projected monument at the grave of the mother of Washington. His brief, beautiful address on this occasion is found in another part of this work. On the steamboat, on the way down the Potomac, he was assaulted while the boat was lying at Alex- andria, by a discharged lieutenant of the naval service. This man came upon him without the least notice of his intention, and, it is said, deliberately pulled the General's nose. After which he escaped from the boat, and was never prosecuted for his villainy. The President did not know him, and had never had any kind of dealing with him. * On the 29th of May Mr. Livingston left the De- partment of State to become Minister to France, the President believing that he could be more successful in settling the difficulties with that nation on the spo- liation question. This step fortunately relieved the amiable Livingston, the man who is said never to have been angry, from the great turmoil that again arose in the Cabinet and the country. The President knew Livingston's want of sympathy with his Bank fight. Mr. McLane was transferred to the State Depart- ment. He was unfavorable to some of the President's financial plans. William J. Duane, an able and honest lawyer of Philadelphia, son of William Duane of the "Aurora," who was a great favorite of General Jack- son's, but who did not enjoy the reputation of his son 624 LIFE AND TIMES OF with a very respectable class of people, in which was President Monroe, unfortunately accepted the position of Secretary of the Treasury, without knowing what the President designed him to do. One thing the President knew, and that was that Mr. Duane was, from his own convictions, opposed to the Bank. This summer General Jackson made a journey to the North ; and in Philadelphia, Baltimore, New York, Boston, Providence, and other places he was received with extraordinary warmth by all the citizens without respect to party. It is easier to imagine the wonder- ful, wild demonstrations of respect paid the Chief Magistrate on this visit than to write of them. It would only repeat the picture which is in every American's eye. No man could bear foolish adulation better than General Jackson. But few Presidents since his time have indicated any great repugnance to "public honors." Boston outdid herself on this tour of the President's. Not satisfied with cannons, flags, speeches, grand receptions, dinners, and every common device to please him and herself, it was actually sug- gested as proper for old Harvard College to confer on General Jackson the degree of LL. D. And this was really done, although greatly against the will of at least one of the directors who regretted that in a wild fit of enthusiasm, the institution should be prostituted to political sycophancy, in throwing the privileges w^hich demanded years of toil, upon men of no liter- ary, or even legal, attainments. On this interesting occasion an address was delivered to the General in Latin. After this, it is said, that Major Jack Down- ing, or some other wag, called upon him for some Latin, when, with his usual politeness and readiness, ANDREW JACKSON. 625 he stepped forward, and said : " E plurihiis Unum, my friends, sine qua non /" This was very good, and well sustained the sentiment then uppermost with General Jackson, and which was giving him some deserved fame among patriots. At Concord the tour was cut short by the President's illness, and by way of Prov- idence and Newport he hastened back to Washington. Although John Quincy Adams was at Quincy and could hear the firing of cannon at Boston, he was un- willing to be present at any of the demonstrations in honor of President Jackson. Mr. Quincy had called upon him to see what he would think of the project of conferring the degree on Jackson, and to find if he would accept an invitation to be present at the cere- mony, when the following remarks passed between them, as Mr. Adams recorded in his Diary : — "I said that the personal relations in which President Jack- son had chosen to place himself with me were such that I could hold no intercourse of a friendly character with him. I could, therefore, not accept an invitation to attend upon this occasion. And, independent of that, as myself an affectionate child of our alma mater, I would not be present to witness her disgrace in conferring her highest literary honors upon a barbarian who could not write a sentence of grammar, and hardly could spell his own name. Mr. Quincy said he Avas sensible how utterly unworthy of literary honors Jackson was, but the Corporation thought it was necessary to follow the precedent, and treat him precisely as Mr. Monroe, his predecessor, had been treated. As the people of the United States had seen fit to make him their President, the Corporation thought the honors which they conferred upon him were compliments due to the station, by whomsoever it was occupied." 40— <3 626 LIFE AND TIMES OF CHAPTER XXXI. THE TWO GIANTS, THE MAN AND THE BANK— WILLIAM J. DUANE ALSO FALLS— A WONDERFUL CONTEST. GENERAL JACKSON was now bent on removing the Government deposits from the Bank of the United States. He had given this institution a mortal stab, and without feeling it yet, the people had ap- plauded. He knew the Bank would again apply for a charter, notwithstanding its failure at first. When he should have entirely destroyed this great " monop- oly" his work would mainly be done, his Administra- tion at an end. Unattractive, indeed, is the history of this Bank conflict. It is hard for any calm, sound- minded person to view the monetary history of this country even, let alone that of the rest of the world, without wearisomeness and disgust; or to have but a timid confidence in any man's plans, theories, or sys- tems of finance ; to have any respect for his own, if he should be unfortunate enough to have a money theory; to have any patience with the cry concerning the too limited supply or circulation, or of its unequal distribution ; to have any respect for the men who cry these things, or anything else about money. No man's misfortunes, or wants, or fancies can possibly be a standard for judgment in this difficult field. The general, continued activity and prosperity of a great community may well be taken as an indication that ANDREW JACKSON. 627 its money is comparatively sound and reliable. The subject of money, in one form and another, as to nations and individuals, has troubled or cursed a great part of the world, since the beginning of human affairs, and, perhaps, will continue to do so forever. It may be doubted whether the " wise men," who treat this subject with such confidence in their own ability to set the world right, are more worthy of respect than the strange genius who, ages ago, wrote a pamphlet, much like many written at this day, in which he attempted to explain that gold, that money, could be made out of anything, and the only thing he yet lacked to make his discovery complete and the world absolutely happy, was the trifling matter of knowing how to do it. General Jackson had a monetary system, he thought, or an idea, at least, and really believed that he understood money as well as anybody. Perhaps he did. He did not believe in paper as money. He hated it. He said it would ruin the country. During his Administration it was rags ; a few years ago it was "rag baby." But, at this later period, it was fondly cherished by some of his political descendants. With this statement I would drop the Bank topic and every- thing connected with it, and burn the files of old records, pamphlets, books, speeches, debates, reports, and what not, which lie around me on the subject, but conscientiously I can not. The whole matter is too intimately associated with the history of the won- derful man and his times. The cry of fraud and cor- ruption was again howled against the Bank in the summer of 1833. The Bank was lending money to Congressmen, to influential newspapers, to various 628 LIFE AND TIMES OF persons in a strange way, for an honorable and wisely conducted institution. Men were borrowing money without the formality of notes. This great " monopoly" was corrupting the country. Bribery was in the very atmosphere. It was read in men's eyes. So it was said. But the directors of the Bank were mainly men of high reputation, and Mr. Biddle, its president, was a man of undoubted standing, and the prince of all American bankers. Future investigations, as former ones, did not sustain the sweeping charges against the Bank. Since the days of Andrew Jackson the cry of fraud and corruption and reform has been made to do service on every possible occasion. When nothing else could be found this cry has been appropriate. Its great virtue has been that, being inexplicable, it seems to imply so much, and appeal so shamefully to the better feelings of men who would prefer to be classed as respectable. General Jackson and his supporters raised this cry on frivolous and fictitious grounds, the very men who could not afford, by their conduct, to make pretensions of purity, the men whose example, to a great extent, fashioned the real political corruptions of after times. During the summer of 1833, President Jackson him- self started the unwarranted rumor that kills banks and men financially, and which he would not relin- quish, that the Bank of the United States "was broken." This fancy he took from the fact that the " proud Mr. Biddle " had condescended to make a trip to Washington in March to induce Mr. McLane not to carry out his design of liquidating six and a half millions of the Government three per cent bonds. But the measure would not benefit the Government, ANDREW JACKSON. 629 and would ruin many " business men," and Mr. Biddle desired to prevent the evil step, his motive being much higher than General Jackson was willing to assign to him. But to him it meant failure merely ; and now he had another inducement for carrying on the work which was destined to bring general calamity to the country as the price of better things. As the Bank did not break fast enough by reason of Mr. Biddle's trip to Washington, to suit General Jackson, he was accused of devising a remarkable method of hastening the desired result, that was to break one of its branches. The one at Savannah, Georgia, was selected as doing the least business, and as being farthest removed from the timely aid of the parent bank at Philadelphia. A broker in New York was put in management of the rascally scheme. He gathered more than a hundred and fifty thousand dol- lars in the notes of the Savannah Branch, which had not half so much specie in its vaults, and then went down there to have his paper redeemed. In the mean- time, however, Nicholas Biddle, suspecting the designs of the great enemy, by the small returns made of the notes of the Savannah Branch in various bank reports, sent to Savannah two hundred thousand dollars in specie. Accordingly, when the Jacksonian broker ap- peared at the Savannah Bank and demanded specie, the president told him that they were glad to get rid of it, that they had more than they wanted. And, greatly to the amazement of Mr. Broker, keg after keg was rolled out, and he was made to take them, and convey them at expense and loss to New York. Nicholas Biddle was too smart a man to be allowed to live in the same country with Andrew Jackson. 630 LIFE AND TIMES OF General Jackson's "Unit Cabinet" would have been quite differently organized if its members had known, and they would have known if the General had had a sentiment against the Bank, of what they would be called upon to do in reference to the Bank. Mr. Ingham entertained this opinion : — "The Bank has purified one of the worst currencies that ever infested any country or people. It consisted of mere paper, of no definite value, accompanied by worthless tickets issued from broken banks, petty corporations, and partnerships, in almost every village. Instead of this the United States Bank has given us the best currency known among nations. It supplies a me- dium equal in value to gold and silver in every part of the Union. Yet General Jackson would destroy this institution, and expose the country to all the evils from which it has so happily but just recovered." It was, indeed, to the country then much the same as the "greenback," the national currency, is to-day. It was received with as great confidence in one part of the Nation as another, and that the country was able, after a great struggle, to come safely out of the calamitous overthrow of that currency is one of the great points of admiration in its character, a fact which demonstrates, to some extent, too, the truth that money is not the greatest thing on this earth, or the best subject of human contemplation. Any one who will stop to imagine what would be the consequences to-day if some self-willed political giant in the seat of the Presidents would undertake to, and actually suc- ceed in overthrowing the present national currency and put nothing in its place, can have some adequate notion of the state of affairs following the downfall of the Bank of the United States. The recuperative power of the country no one could doubt. Some new ANDREW JACKSON. 631 order of things would eventually take the place of the ohl. The country would, in time, adapt itself to the changed circumstances, whatever they should be. This is all that can be argued, perhaps, in support of General Jackson's feat of destroying the Bank of the United States. Men may now generously console themselves with the reflection that that result would eventually have come anyhow ; that it was necessary that it should go down, and that it was a fortunate circumstance that there was a strong man, willing to venture at the head of affairs. That the calamity to the country by the downfall of the great institution could have been more complete at any later date, may be held as extremely doubtful. The undertaking, on the part of General Jackson, was not well based on facts against the management of the Bank nor against its usefulness to the country. It was mainly a per- sonal contest with him, resting on personal grounds. If there was virtue in the performance, on account of the final results, the nature of the contest, on the part of President Jackson, tended greatly to lift any credit concerning it from his shoulders. It is a char- acteristic, if not a virtue, of time to relent. It is easy to say now that whatever may have been the benefits or evils of the Bank, and the praise or cen- sure due him who worked its downfall, we are glad we have not the Bank of Nicholas Biddle to-day ; we are almost unanimous in our satisfaction with what stands in its place. It was claimed, with great strength, by John Quincy Adams, and a host of others, that General Jackson's enmity to the Bank came from the fact that it was not a Jacksonian institution, that it was not officered 632 LIFE AND TIMES OF and conducted to further his political and personal in- terests. Jackson was utterly unable to give his sup- port to anything on earth which did not appear for him or friendly to him. The Bank was not a political or partisan institution, but it was claimed that General Jackson was sorry that it was not, and that he could not turn it to his purposes. He seemed to spurn the idea that any man, or anything, had the right to live and be prosperous and beneficial unless it was in keep- ing with his way. On this principle he acted, to a great extent, in war, in politics, in the Presidency, and in public and private life. Somebody had started the view that the public or Government funds should be removed from the Bank and placed in State and other banks to be selected here and there over the country. Most of the President's advisers were op- posed to this measure. Even the " Kitchen Cabinet " was not a unit on it. It was beyond the depth of that able council. Most of the friends of the Presi- dent were opposed to the removal of the deposits from the Bank unless it should be done by act of Congress ; and some of them said that there was no other power for doing such a thing ; and that if it was done, it would ruin many business men and greatly injure the coun- try. This opposition at once fixed Jackson's purpose. His mind was then made up, and it did not matter as to anybody's opinion, or the evils of the act. He would assume the responsibility. The next thing was to have a medium for carrying out his will. It should evidently be the Secretary of the Treasury. There was, however, another matter of moment to General Jackson at this time, connected with the Bank ques- tion. Several members of the Cabinet were not sat- ANDREW JACKSON. 633 isfied with the course about to be taken as to the re- moval of the deposits, and were considering the necessity of withdrawing from the position. In his last annual message the President had rec- ommended an investigation of the affairs of the Bank with relation to the Government, with the hope of finding some tangible excuse for the step he was about to take. Mr. McLane, accordingly, appointed an hon- est Jackson man, Henry Toland, to make the examina- tion, and the result was that the Bank's assets amounted to forty-two millions of dollars more than its liabilities, and nothing of any importance could be found against it. Mr. McLane was, consequently, unwilling to order the removal of the deposits; in fact, he was opposed to such a step being taken at all. For this reason he was transferred to the head of the State Department, which had been vacated by the sending of Mr. Living- ston to France. William J. Duane, of Philadelphia, was appointed Secretary of the Treasury. These changes occurred on the 29th of May, 1833. But Mr. Duane also refused to order the removal of the deposits, even after the President had read a paper in his Cabinet assuring the members that he had decided to be entirely responsible himself for the removal. Mr. Duane was at once dismissed, and on the 23d of September, Roger B. Taney, of Maryland, was put into the difficult office. Although Mr. Taney filled this place acceptably to the President, the Senate declined to confirm the appointment. Indeed, the Cabinet had to be remodeled again. Mr. McLane resigned ; Mr. Woodbury was placed at the head of the Treasury De- partment, ■ the dirty work having now been done through Mr. Taney ; Mahlon Dickerson was appointed 634 LIFE AND TIMES OF Secretary of the Navy ; and John Forsyth was made Secretary of State. Mr. Duane had not been consulted as to his views touching the removal before his ap- pointment. Governor Cass was, at the outset, unfavorable to the President's project of removing the deposits, but gradually modified his views on the subject. Jackson had a strong inclination to agree with Cass, or to have Cass agree with him. The most confidential and know- ing of General Jackson's friends, Wm. B. Lewis, was emphatically opposed to the step. Taney and Barry were on the side of the President, as were the two astute political managers, Kendall and Blair. Gener;il Jackson was now fighting the whole Bank difficulty in his Cabinet. The record of Mr. Duane's dealing with the President is one of the most painfully interesting passages in the political history of the country. In 1838 Mr. Duane published a narrative of his brief connection with the Cabinet of General Jackson. The following extract will sufficiently show his reason and apology for that performance : — "lu May, 1833, I was appointed Secretary of the Treasury; and in September following was removed from office, because I would not, prior to the meeting of Congress, transfer the public deposits from the United States Bank to State banks. As I had not sought office, as my appointment had been generally approved of, and as it was doubtful whether public opinion would sanction my dismissal for not removing the deposits, the true reason for the change was not avowed ; and even the fact, that I had been removed, was suppressed in the official annuncation of my suc- cessor's appointment. Pains, however, were taken by partisans of the Executive to prepare the public for the change or to rec- oncile them to it, by exciting suspicions as to the purity of my motives for resisting him. Nevertheless, I rested in silence upon my official acts and personal reputation; especially as I supjwsed ANDREW JACKSON. 635 that Congress would institute an inquiry concerning the removal of the deposits. And I would have remained silent if the Presi- dent himself had not become my assailant on the 19th of Novem- ber, 1833. On that occasion, instead of laying before the public the whole of the correspondence which had passed between us, he caused detached passages only to be published in the official paper ; and in consequence I then briefly addressed my fellow-citizens. "Having been again assailed in the official paper of the 7th of February, 1834, and then concluding that an inquiiy would not be made by Congress, I addressed a series of letters to the people of the United States, in vindication of my conduct. At that time I would have published the whole of the correspondence, between the President and myself, if all the letters composing it had been in my possession. It was not, however, until July, 1837, that I obtained at the Treasury Department, copies of such of them as were deficient ; and, justified by the example of the Executive, I now present them all in the succeeding pages." After stating how he was visited by Mr. McLane and invited and urged by him, and afterwards by his own friends, to accept the position of Secretary of the Treasury, Mr. Duane says : — "My commission bore the date of the 29th of that mouth (May), and on the 30th I reached Washington. After waiting upon the President, on the next day, I went to the Treasury De- partment, and took the oath of office on the 1st of June. On the evening of that day Mr. Reuben M. Whitney called upon me at my lodgings, at the desire, as he said, of the Presi- dent, to make known to me what had been done, and what was contemplated, in relation to the United States Bank. He stated that the President had concluded to take upon himself the respoa- sibility.of directing the Secretary of the Treasury to remove the public deposits from that bank, and to transfer them to State banks ; that he had asked the members of the Cabinet to give him their opinions on the subject; that the President had said, * Mr. Taney and Mr. Barry had come out like men for the re- moval ;' that Mr. McLane had given a long opinion against it ; that Mr. Cass was supposed to be against it, but had given no written opinion ; that Mr. Woodbury had given an opinion which was ' yes ' and ' no ;' that the President would make the act his 636 LIFE AND TIMES OF own, by addressing a paper or order to the Secretary of the Treasury ; that Mr. Amos Kendall, who was high in the Presi- dent's confidence, was now preparing that paper; that there had been delay owing to the affair at Alexandria ; but, no doubt, the President would soon speak to me on the subject ; that the paper referred to would be put lorth as the pi'oclamation had been, and would be made a rallying point ; that he (Mr. Whitney) had, at the desire of the President, drawn up a memoir or exposition, showing that the measure might be safely adopted, and that the State banks would be fully adequate to all the purposes of Government. He then read the exposition to me; and, as I desired to under- stand matters so important and so singularly presented, I asked him to leave the paper with me, which he accordingly did. He also read to me divers letters from individuals connected with State banks. The drift of his further observations was to satisfy me that the Executive arm alone could be relied on to prevent a renewal of the United States Bank charter. "The communication thus made to me created surprise and mortification. I was surprised at the position of afl^airs which it revealed ; and mortified at the low estimate which had been formed of the independence of my character. I listened, however, re- spectfully, to one who gave such evidence of the confidence re- posed in him; and awaited the explanation, which he intimated the President would give. Soon after this interview, I took occa- sion to express my mortification at my position, to the member of the Cabinet who had represented the President in asking me to accept office. On the next evening (Sunday), Mr. Whitney again called on me, in company with a stranger, whom he introduced as Mr. Amos Kendall, a gentleman in the President's confidence, who would give me any further explanations that I might desire, as to what was meditated in relation to the United States Bank, and who then called on me, because he was about to proceed forthwith to Baltimore. I did not invite nor check comyiunica- tiou. Very little was said, and, perhaps, because I could not wholly conceal my mortification at an attempt apparently made with the sanction of the President, to reduce me to a mere cipher in the Administration. "The next morning, June 3d, I waited upon the President, and, as I had been apprised by Mr. Wliitney would be the case, he soon introduced the subject of the. Bank. I stated that Mr. Whitney had made known to me what had been done, and what ANDREW JACKSON. 637 was intended, and had intimated that his communication was made at the President's desire. The President replied, in a tone of dissatisfaction, that it was true he had conferred with Mr. Whitney, and obtained information irom him as to the Bank, but that he did not make him his confidant, nor had he told him to call on me. I enumerated the representations which Mr. Whit- ney had made, and their correctness was admitted. I said I feared that I should not be able to see the subject in the light in which the President viewed it; to which he remai-ked, that he liked frankness; that my predecessor and himself had sometimes differed in opinion, but it had made no difference iu feeling, and should not in my case; that the matter under consideration was of vast consequence to the country; that unless the Bank was broken down, it would break us down; that if the last Congress had remained a week longer in session, two-thirds would have been secured for the Bank by corrupt means; and that the like result might be apprehended at the next Congress; that such a State Bank agency must be put in operation, before the meeting of Congress, as would show that the United States Bank was not necessary, and thus some members would have no excuse for vot- ing for it. My suggestions as to an inquiry by Congress (as in December, 1832), or a recourse to the judiciary, the President repelled, saying it would be idle to rely upon either; referring as to the judiciary to decisions already made, as indications of what would be the effect of an appeal to them in future. After men- tioning that he would speak to me again, before his departure to the eastward, the President said he would take with him the opinions of the members of the Cabinet, but would send them to me from New York, along with his views; and, on his return, would expect me to give him my sentiments frankly and fully. "On the 5th of June, the day before his departure, we accordingly had another conversation, which he ended by saying, he did not wish any one to conceal his opinions, and that all he asked was, that I should reflect with a view to the public good. "I had heard rumors of the existence of an influence at Washington, unknown to the Constitution and to the country ; and the conviction that they were well founded, now became irresistible. I knew that four of the six members of the last Cabinet, and that four of the members of the present Cabinet, opposed a removal of the deposits; and yet their exertions were nullified by individuals, whose intercourse with the President was 638 LIFE AND TIMES OF clandestine. During his absence, several of those individuals called on me, and made many of the identical observations, in the identical language, used by himself. They represented Con- gress as corruptible, and the new members as in need of especial guidance. They pointed out the importance of a test question, at the opening of a new Congress, for party purposes. They argued that the exercise of the veto power must be secured ; that it could be in no other way so effectually attained as by at once removing the deposits; and that unless they were removed, the President would be thwarted by Congress. In short, I felt satis- fied, from all that I saw and heard, that factions and selfish views alone guided those who had influence with the Executive ; and that the true welfare and honor of the country constituted no part of their objects. I Avas painfully impressed with these con- victions, and also mortified that I should have been considered capable of entering into schemes like these; when, on the 1st of July, I received from the President, the letter and views." The "letter" and "views" here mentioned were pretentious documents. The "views" was no doubt the work of Amos Kendall, if the " letter " was not also. It went into a very full statement of the case, beginning with the first message to Congress in 1829, touching the Bank. And by a careful and art- ful exhibit showing that "by these misrepresentations and acts, on the part of the Bank, the President thinks it has forfeited all claim to the confidence of the Government, and ought not to be longer retained in its service." And argues the necessity and pro- priety of placing the deposits in various State banks. It also disposes, in a summary way, of all arguments in favor of re-chartering the Bank, of continuing the Government deposits in it, and of its advantages at any time to the country. This extensive statement terminates in these words, after mentioning that the President would much prefer to leave this whole sub- ject in the hands of others, if his duty to the country ANDREW JACKSON. 639 could admit of such a course: "As the subject, of this letter, belongs principally to your department, the President has thought it proper to communicate to you, in writing, the course of policy, appertaining to it, which he desires to have pursued ; as well as to enable you, thoroughly to understand it, as to take upon himself the responsibility of a course, which involves much private interest, and public considera- tions of the greatest magnitude." The followin": is the President's letter, dated at Boston while on his Northern tour: — " Boston, June 26, 1833. " W. J. DuANE, Esq., Secretary of the Treasury : " My Dear Sm, — I send you herewith a paper containing my views upon the subject of a discontinuance of the Government deposits in the Bank of the United States, and the substitution of certain State banks, as the fiscal agents of the United States so far as those duties are performed by that institution. "The only difficulty I have for some time had upon the sub- ject, has been as it respects the time when this change should commence. Upon a careful review of the subject in all its bear- ings, I have come to the conclusion, that it ought to be done as soon as we can get ready, and at furthest by the 1st or 15th of September next, so that we may have it in our power to pre- sent the new system to Congress, in complete and successful operation at the commencement of the session. " In the furtherance of this object, it is, in my opinion, desir- able that you should appoint a discreet agent to proceed forth- with, with proper credentials from your department, to the cities of Baltimore, Philadelphia, and Boston, to consult with the presi- dents and directors of State banks, in those cities, upon the practicability of making an arrangement with them, or some of them, upon something like the following terms, viz.: — " 1st. That one bank be selected in Baltimore, one in Phila- delphia, two in New York, and one in Boston, with a right, on the part of the Government, to add one in Savannah, one in Charleston, S. C, one in the State of Alabama, one in New Orleans, and one in Norfolk, upon their acceding to the terms 640 LIFE AND TIMES OF proposed, which shall receive the deposits in those places re- spectively, and be responsible to the Government for the whole public deposits of the United States. "2d. That these banks shall have the right, by a convention ank, 447 — enraged at the course of the Sen- ate, talks about it, 448 — his views of the duties of Congress, 449 — de- clines to interfere in support of the dignity of the Government, 453 — vetoes the Maysville bill, 454 — ends the dream of internal improvements, 455 — his opposi- tion to nullification, 457, 458, 459, 580, 581, 582, 613, 614 — utters his most memorable patri- otic sentiment, 458 — begins his quarrel with Calhoun, 458 — his most statesman-like utterance, his greatest deed, 459 — beginning of his quarrel with the Bank, 460, 461 — movement to jjrepare for his second term, 464, 465, 466 — his personal foundation for his quarrel with Mr. Calhoun, his bad conduct, 471, 472, 473, 474 — establishes a new organ, 474, 475 — his second annual mes- sage, 477, 513 — his part in schem- ing for the Presidency, 514 — his Unit Cabinet, dissolved, 515, 516, 517, 518, 519 — appoints a new Cabinet, 517 — his " Kitchen Cabinet," 519, 521— his tight for Isaac Hill, 521 — his third annual message, 522, 539 — his great feat of kiUing the Bank, 542, 578, 626, 631, 681, 682— authorship of his Bank veto message, 542, 543 — protects the uncivilized conduct of Sam Houston, 548 — his fourth annual message, 559, 578, 579 — his nullification pro- clamation, 582 — wanted to hang Mr. Calhoun, 580 — sends troops to South Carolina, 605 — makes the whole country feel the effect of his temper and quarrels, 613 — charges against in the race of 1832, 616, 617 — re-elected President, his vote, 618, 619 — his second inaugural, 619, 622 — his address at the grave of IMary AVashington, 623 — his nose pulled at Alexandria, 623 — changes in his Cabinet, 623 — makes a tour to the North, becomes an LL. D., tries some Latin, 624, 625 — his monetary system, 627 — founda- tion of his cry against the Bank, 627, 628, 631, 632, his contest with his Cabinet, Mr. Duane, and the Senate on the Bank, 876 INDEX. 634 to 652, 674, 675, 676, 677, 678, 679, 681, 682— his fifth annual message, 654, 673, 674 — his pocket veto, 674 — yields to the Senate, 674 — enraged at Clay and Calhoun, 677 — petitioned to re- store the deposits, 677, 678 — protests against the acts of the Senate, rejected, 679— his star declines and rises, effects of his policy, 681, 682 — his sixth an- nual message, 683, 715, 716 — threatens France, 716, 717 — set- tles the old claims against France, 717, 718 — liquidates the public debt, 718, 719, 720— at- tempt upon his life, 720 — his seventh annual message, 723, 761 — his course wdth the Aboli- tionist mails in the South, 761 — appoints Mr. Taney to the Su- preme Bench, his efforts to pay the public debts, begins the Seminole War, 762, 763 — his part in the Presidential race of 1836, 764 — his last annual message, 765, 795 — defends his course in oflBce, 796, 797 — renews his quar- rel with ]\Ir. Calhoun, 797 — tri- umphs finally over the Senate in the expunging act, 797, 798 — his last " pocket veto," 798 — at- tends Mr. Van Buren's inaugu- ration, 799— his Administration, 795, 796, 797, 799, 834, 836, 837, 838, 839, 840, 841, 843, 844— his Farewell Address, 800 — his life at the Hermitage, 819, 820— ex- erts himself in belialf of his friends, 821— he joins Church, his good reasons for a hell, his religion, his will, his reverence, 822, 823, 824, 825, 826, 862— his greatest achievement. 826 — his views of slavery, holds to the old story of bargain and corru])tion, helps Mr. Kendall on his biogra- phy, 827 — would have hanged Mr. Calhoun, 827, 828 — his disease, his death, 828, 829, 831, 832— his tomb described, 829, 830— his posthumous standing, 833 — his way of conquering enemies, 836 — meets Mrs. Robards, his conduct towards her and her husband, 845, 846 — his marriage, second marriage to his wife, 846, 847, 848 — his adopted children, 848, 849— his dispute with the Rev. O. Jennings on the teach- ings of Swedenborg, believes in and defends the great philoso- pher and seer, 862, 863, 864. Jackson, General — letters of, to Mr. Kendall, .30 — to Thomas Swann, 69 — to Governor Blount, 115, 117, 123, 125, 147, 181, 210— to the Rev. Gideon Blackburn, 144 — to Carroll, 153 — to the Gov- ernor of St. Marks, 325 — to Mr. Livingston, 365, 604 — to Dr. Coleman, 371— to G. W. Camp- bell, 88— to General Scott, 298, 301 — to Governor Rabun, 316, 319— to William J. Duane, 639, 649 — to Commodore Elliott, 831. Jackson, Andrew, Jr. — becomes an occiipant of the White House, 407 — become the son of General Jackson by adoption, 848 — his treatment of the slaves at the Hermitage, 856 — his marriage, residence at the White House, 859— his death, 860. Jackson, Mrs. Andrew, Jr. — prays with the General, 825 — becomes mistress of the Hermitage, her residence at the White House, 859— joins the Church with the General, 859. Jackson, Rachel — was Mrs. Ro- bards, marries General Jackson, 45, 846 — her friendship for "dear parson Blackburn," 145 — goes to New Orleans, 279 — letter from, 350, 354 — her character, INDEX. 877 355 — her life in Florida, 362, 363 — goes to AVashington City, 380 — visits New Orieans, 390 — assaults upon her character, de- fended by William B. Lewis, 392— her death, 393, 852, 853— her appearance in Tennessee, her marriage to Robards, 845 — her innocence, 840, 847, 848 — she had no children, 848 — her character, habits, 849, 850 — visits Washington City, honors paid her, 851 — her broken heart, 852 — honors to her memory, 853, 854 — her needless concern about the General's religious views, 862— its result, 863, 864. Jackson, Fort — its name and loca- tion, 175 — in command of General Pinekney, 180 — treaty of, 187, 188. January, 8th of — a memorable day, becomes a partisan anni- versary, 290, 718 — called next in importance to the 4th of July, 719. Jefferson, Thomas ^ — his view of Jackson and his conduct in Con- gress, 52, 56 — gives a doubtful "toast" in honor of General Jackson, 292 — gives Kentucky the dogmas of State Rights and Nullication, 456 — his birthday turned to the pyrposes of the dangerous doctrine, 457 — the difficulty of making him respon- sible for the doctrine of nullifi- cation and secession, 581. Jennings, The Rev. O. — discusses the doctrines and character of Swedenborg ineffectually with General Jackson, 862, 863. Johnson, Colonel Richard M. — member of Congress, a go-be- tween, tries to patch the Presi- dent's Cabinet, 466, 467 — goes to investigate the Bank of the United States, 541 — candidate for the Vice-Presidency, 652 — gives a sentiment, 719. Jones, Lieutenant Thomas Ap- Catsby — in command on Lake Borgne, 216 — his little fleet pressed, 218 — defeated in battle, 218, 219. K Keane, General Edward — in com- mand of the British expedition, 217 — reaches the Mississippi, and outgenerals Jackson, 228, 229 — his temporary success, 232 — his losses in the battle of the 23d, his mistake, 239, 242, 24.3— his command in the battle of the 8th, 258— wounded, 261. Kendall, Amos — his opinion about the wealth of Andrew Jackson, Sen., 17 — his belief about Gen- eral Jackson's birthplace, 23 — his story of the duel, 65, 66 — dis- covers an editor for General Jackson, 475 — becomes head of the "Kitchen Cabinet," 519— supports the President in the Bank fight, 634, 638— sent to con- sult with the banks, 645 — be- comes Postmaster-General, 721, 761 — writes a biography of Gen- eral Jackson, 827 — his views of Jackson, 836, 840 — reasons for his failure to complete his " Life of Jackson," his views of historic justice and accuracy, 855. Kentuckians— their condition on arriving at New Orleans, what was done for them, 254 — some of them sent to the east side of the Mississippi, 255— constitute a reserve force, 256, 257— charge of cowardice against, 307. La Fayette, General — becomes the guest of General Jackson, 364. 878 INDEX. Lafitte, Jean—" The Pirate of the Gulf," his character and opera- tions, 200, 201, 246— visited by a British officer, offered a commis- sion, 202 — lays the case before Governor Claiborne, his defense, 203, 204 — his treatment, his good services, his evils, his end, 205, 206 — offers his service? to Gen- eral Jackson, 222 — looks after the British at the entrance to Barataria Bay, 245. Lambert, General John — arrives with an additional force, 258 — takes command of the British army, asks a truce, 264 — escapes with his defeated Britons, 267 — ' goes into camp with the remain- der of the army, 269 — captures Fort Bowyer, 270 — receives news of the Treaty of Ghent, 270 — his character and good fortune, 282. Lawrence, Major William — in com- mand at Fort Bowyer, jirepares to hold the place, 191 — whips the British, 192, 193. Lee, Henry — the writer of some of General Jackson's letters, 27 — writes the General's Seminole AVar defense, 347 — writes a part of the Inaugural, dies without his reward, 406. Lewis, William B.— the writer of many of General Jackson's fine letters and addresses, 27 — accom- panies the expedition to Natchez, 102 — has General Jackson elected Senator in Congress, 367 — writes General Jackson's famous Mon- roe letters of 1816 and 1817, 374— defends Mrs. Jackson, 392 — ac- companies Jackson to Washing- ton, accepts an office, his char- acter and friendship, 406, 407 — induces General Jackson to pro- vide for a successor, devises a plan for the second term, 465, 466 — opposes the President's Bank views, 634 — defends ^Irs. Jackson, 852. Lincoyer — a baby captured at Tal- luschatches, 119 — cared for by General Jackson, 119, 120 — his life at the Hermitage, his death, 120. Livingston, Edward — attorney for Lafitte, 203 — has confidence in Lafitte, 205^translates General Jackson's sjieech, 213 — calls a meeting for defense, 214 — gives his opinion against suspending the writ of habeas coi-pus, 220 — reads addresses to the citizens and soldiers, 222 — makes a good suggestion to a cotton-planter, 242— goes to the British to ar- range an exchange of prisoners, 270 — draws up Jackson's de- fense, 279 — discovers a President, 366— becomes Secretary of State, 517 — did not write the Bank veto message, 542 — real author of the Nullification Proclama- tion, 003, 604 — becomes Minister to France, 623 — his course, 716, 717. Lockyer, Captain — visits Barataria in his vessel, makes an offer to Lafitte, 202 — his papers go to the Governor of Louisiana, 203 — whips the Americans on Lake Borgne, 218, 219. Louisiana — course of her Legisla- ture, its composition, 214 — course of her first governor, 214 — char- acter of her Legislature, 219, 220, 254— its acts, 221, 254— her State House closed, 254 — her Legislature does no honor to General Jackson, 217 — her hon- ors to him, 390, 391 . Louisiana, The — in the river below New Orleans, 271 — completes her armament and takes a position, 244 — tries her guns on the Red Coats, 249 — escapes the enemy in the battle of the 8th, 263. INDEX. 879 M Madison, President — recommends Congress to confirm the gift of land made by the Indians to General Jackson, 189 — speaks in defense of himself and Mr. Jefferson, 581. Man, Savage and Civilized — a comparison, 107, 108 — revenge with, 110— habits of, 181. Manxique, Gonzales — Governor of Florida, in league with the In- dians, 196. ISIarcy, William L. — pnts forward a new doctrine, the spoils, 617. Maurequez — new Governor of Florida, his correspondence and dealings with General Jackson, 197, 198 — declines to surrender Pensacola, 209 — sues for mercy, 210. jSIayo, Robert his charges against General Jackson, 834, 885. McAfee, R. B. — an error in his his- tory assailed by General Jack- son, .307. Mcintosh, General William — a Creek chief, joins General Jack- son in Florida, 313 — his origin, character, services to the United States, 321 — his murder, 321, 322 — whips McQueen, 327 — was the hero of Jackson's Seminole campaign, 343. McKeever, Captain — brings sup- plies to Jackson, goes to St. Marks, 322, 323 — sails under the British flag, captures Hillis Hajo, 324. McLean, John — under ^Ir. Adams, his reprehensible conduct, 401, 402 — becomes Postmaster-Gen- eral, declines to serve General Jackson. 402 — appointed to the Supreme Bench, 403, 410 — de- • clines the Anti-ilasonic nomina- tion for the Presidency, 550. McLane, Louis — Minister to England, 516 — becomes Secretary of the Treasury, 517 — becomes Secretary of State, 023 — investi- gates the Bank, and finds no flaw, 633^ — would not order the re- moval of the deposits, changed to the State Department therefor, 633. McNairy, John — appointed Judge of the Western District of North Carolina, 41 — member of the first Tennessee constitutional convention, 49. Message — President Jackson's first annual, 419 — his second annual, 477, 513 — his third annual, 522, 5.39— his fourth annual, 559— his fifth annual, 654 — his sixth an- nual, 683 — his seventh annual, 723 — his eighth annual message, 765. Militia — their conduct and conflict with General Jackson, 129 to 168 — causes of their course, 129, 133, 138, 139, 140, 152, 168— ex- ecution of the Tennessee, 284, 285, 286, 287, 289. Mims, Fort — location and name of, 108 — massacre of the whites in, 109, 110. Mobile — its location and condition, Jackson makes it his head-quar- ters, 307. Monroe, President — gets advice of General Jackson as to the Cab- inet appointments, 294 — Jack- son's fictitious influence over him, 296 — denied giving Jackson authority for his Florida cam- paign, 341— his reasons for ap- pointing General Jackson first Governor of Florida, 349, 350. Morgan, General — commands on the east side of the Mississipi)i, 255 — sends to Jackson for aid, 256 — his force, 257 — whipped by the British, 262, 263. Mutiny — cause of, in Jackson's 880 INDEX. army, first conflict in, 129, 130 — temporary settlement of, 131 — its movers conquered, 132, 133, 134— of Tennessee militia, 284, 285, 286, 287, 288, 289. N Nichols, Colonel Edward — ap- pears at Fort Bow yer with a body of English and Indians, 191 — publishes his purposes in Florida, his proclamation to the people of Louisiana and Ken- tucky, 199 — addresses his insig- nificant army, 200 — driven out of Florida, 212 — establishes the Indians and negroes on the Ap- palachicola, takes Francis to England, 310. Nickajack — expedition against, who composed it, 46. Negroes — made soldiers by Gen- eral Jackson, 224 — their conduct at New Orleans, 225. Nullification — practically exempli- fied in Georgia, 452, 453 — an- nounced and defended, 456, 457 — throttled by two giants, 456, 457, 458— becomes a party and sec- tional issue, 550 — General Jack- son's fight against, 580, 581, 582— proclamation against, 582 — com- promise with, 611, 612, its tri- umph, 614, 615. Orleans, New— receives the bene- fits of Lafitte's " piracy," 201, 246— saved by the night battle of the 23d of December, 240— intense excitement in, 248 — her citizens visit the camp of Jack- son on New Year's day, 251 — her women aid the meanly clad Kentuckians, 254— rejoices, 2()8, 269— her honors to General Jack- son, ?/.n. Overton, Thomas — becomes a figure in the political schemes at Washington, 465 — designated for chairman of the Jackson con- vention, 552 — believed in Jack- son's religion, glories in his vanquishing the anti-Sweden- borgian, preacher, 863, 864. Packenham, Sir Edward — the re- sponsible commander of the British army, 232 — takes com- mand on the Mississippi, 242 — his efi'orts to destroy the Ameri- can gunboats, 244 — his conduct in the battle of the 8th of Jan- uary, 260— his death, 260— his remains, 265. Parton, James — describes the fu- neral of General Jackson's father, 20 — describes the birth- place of General Jackson, 22 — says the General had the itch when he was a boy, 23 — gives an account of the Dickinson duel, 72, 75 — letter quoted from, 350, 351— credited, 466 — gives a strik- ing example of General Jack- son's posthumous fame, 833 — his view of historic justice and truth, 855 — his story of a pro- posed picture of Jackson, 859. Patterson, Captain Daniel T. — breaks up " The Pirates' Re- treat," 205^— puts a force on Lake Borgne, 216 — his two war vessels on the Mississippi, 217 — unable to man his vessels, 220 — sends a flag of truce to the British fleet, 226 — begins the battle of the night of the 23d, 234, 235 — erects a battery on the right side of the river, 245 — joins in the aflfair of the 1st of Jan- uary, 251 — his jiart in the battle of the 8th of January, 263, 265.. Pierce, Franklin — appears in Con- gress, 654. INDEX. 881 Pierre, ]Major — bears General Jackson's flag and message to the (Toveruor of Florida, 20H. Pinckney, General Thomas — takes charge of the forces at Fort Jackson, 180 — celebrates the close of the Creek War, 181. Pipkin, Colonel P. — gives an ac- count of General Jackson's part in the execution of the Tennes- see militia, 284, 285. Pensacola — a British and Indian rendezvous, 191, 195 — taken by General Jackson, 209— virtually under the British, 310 — again visited by General Jackson, 328. Percy, Captain, W. H. — attacks Fort BoM'yer, defeated, 192 — of- fers Lafitte a commission, 202— carries the British garrison away from Fort Barrancas, 211 — his small force unites with the main fleet, 217. Philip, Fort St. — its location, its defensive state, 216. Polk, James K. — elected Speaker, 723 — favors annexation, 821. Pontchartrain, Lake — location and importance of, 216. Eeports— Coffee's, of the battle of Talluschatches, 117 — Jackson's, of Talladega, 123— Floyd's, of the battle of Autossee, 140 — Jack- son's, of the battles of Emuckfau and Enotachopco, 154 — Floyd's, of the battle of Callibee Swamps, 164 — Jackson's, of the battle of Tohopeka, 171^Lawrence's, of Fort Bowyer, 193 — Jackson's, of his raid into Florida and capture of Pensacola, 210 — Jackson's, of the battle of the night of the 23d, 236, 237— Jackson's, of his Seminole expedition, 328, 329, 330, 331, 332. Bipley, General E. W. — disobeys 56- the War Department, pleases General Jackson, 297. Kobards, Lewis — marries Rachel Donelson, 845 — his flight from Nashville, applies for a divorce, 846, 847 — obtains a divorce, 848. Rush, Richard — his part in the de- fense of Jackson, and preventing war with England, 344. Sargent, Nathan ("Oliver Old- school") — his views of Jackson and his Administration, 835, 836. Seminoles — their origin, character, and leaders, 309, 310, 311— their strength, 322— General Jackson visits* them, their people killed, country laid waste, 324 — two of their chiefs hanged, 324, 326 — defeated by Mcintosh, their sub- stance and homes destroyed, 327. Sergeant, John — nominated for the Vice-Presidency, 551 — votes for, 618, 619. Sevier, General John — appoints General Jackson to the Superior Bench, defeated as general of militia, 58 — accused of fraud, fights General Jackson, 59, 60. Scandal, The Eaton — its causes, its character, its influence, 415, 416, 417— results of, 515, 517. Schools — in the early days, now and then, a picture, 36, 37. Scott, General Winfield — criticises General Jackson and is taken up for it, 298 — his letters to Jackson, 298, 304, 306— his own bad conduct, 306— his brief, omi- nous letter to .Jackson, 378. Spain — her bad government in Florida, 309 — her governor at Pensacola gets a letter from Gen- eral Jackson, 311 — invasion of her territory by the United States, 325, 326. -G 882 INDEX. State Eights— illustrated, 452, 453— dogma of, announced and de- fended, assailed and stabbed, 456, 457, 458— receives the first blow from General Jackson, 837. St. Marks— captured by General Jackson, 325, 326. Stevenson, Andrew — elected Speaker of the House, 419— re- elected, 522, 654— resigns to be- come Minister to England, re- jected and confirmed, 680. Strother, Fort— built on the Coosa, 122 — condition of the army at, 127— mutiny at, 129, 132— new recruits reach, 154, 166. Suwanee — Indian^town, destroyed by General Jackson, 327. Swartwout, Samuel — gets a letter from General Jackson on the bargain and corruption, pub- lishes the letter, 384 — w^rites a letter, gets an office, 412, 413. Swedenborg, Emanuel— his teach- ings attract the attention of General Jackson, 862 — his teach- ings claimed by the General to be Divine, 863 — strongly de- fended by Jackson, the way he predicted mainly for the spread of his teachings, 864. Talladega — location of, 122, 123 — battle of, 123, 126, 127. Talluschatches — location of, battle of, 116, 117, 118, 119, 120. Taney, Roger B. — becomes Attor- ney-General, 517 — becomes Sec- retary of the Treasury, rejected in the Senate, 634. Tariff— question of, new turn in, 579 — new nullification compro- mise of, 606 to 612— in 1828, a just cause of complaint at the South, 612, 613. Tazewell, L. W. — his address to General Jackson, 394. Tecumseh — his family, character, visits the South, his work, 105, 106, 107 — his scheme wants the mark of greatness, 106. Tennessee — is the Western Dis- trict of North Carolina, 41 — forms a constitution, becomes the sixteenth State, 49 — extreme re- publicanism in, at the outset, 51 — becomes the devoted patron of Jackson, 103 — prepares to avenge Fort Mims, and carry on the war against the Creeks, 111, 112 — starts the movement to make Jackson President, 367, 368 — her Legislature renomi- nates him, 388 — her Legislature buys the Hermitage, 861. Thomas, General James — arrives at Jackson's camp with an army of unarmed Kentuckians, 254 — taken ill, 256. Thornton, Colonel W. — British of- ficer commanding on east side of the river, 258 — whips Mor- gan and Patterson, 263, 264. Titles — General Jackson's attach- ment to, 115 — party principles involved in, 116. Townsend, George A. — describes the Hermitage and the tomb of General Jackson, 829, 830. Van Buren, Martin — becomes Secretary of State, 405— becomes Jackson's model, selected for the succession, 471, 519 — resigns his place in the Cabinet, 515 — sent as Minister to England, 516, 518 — rejected by the Senate, 540 — nominated for the Vice- Presidency, 552 — elected, 618 — enters upon his office, 619 — nom- inated for the Presidency, 722 — his inauguration, 799. Villere, Major Gabriel — performs ■ a daring feat, and bears the INDEX. 883 tidings of the presence of the British to General Jackson, 229, 230 — acts as a guide to the army, 231. W Wak, Ckeek — causes of, 105, 106, 107, 108 — beginning of, 109 — events in, and character of, 108 to 189. War of 1812 — operations on the Gulf of Mexico, Fort Boyer, 191, 192, 193. War, Black Hawk — in the summer of 1832, 557 — some account of, 557, 558. Weathersford, William— The In- dian chief commanding in the Fort Mims battle, 109, 110— com- mands the Indians at Callibee, and claims a victory, 165 — sketch of, 176 to 180— his surrender, 178— his death, 180. Webster, Daniel — declares the su- premacy of the Government and assails nullification, 456, 457. Whigs — arise in 1832, party foun- dations, 550, 554 — their course in the campaign of 1832, 554, 556, 557. White, Hugh L. — sends his Nick- ajack claim to Congress, 50 — se- cures the 39th regular regiment, 166 — elected president of the Senate, 558. I AMiite, General— proposes to join Jackson, fails, 122, 123— destroys the Ilillibee towns, 127, 128. White House — how General Jack- son took charge of, 407 — scandal in, 517 — its occupants under General Jackson, 857, 859, 860, 861 — children born in, 858. Wilkinson, General James— stops Jackson at Natchez, detested by Jackson, 101. Williams, Edwin — quoted, 605, 606 — his account of the conven- tions of 1835, 721, 722. Wirt, William — defends the In- dians against the injustice of Georgia, 452 — nominated for the Presidency by the xVnti-Masons, 550— votes for, 618, 619. Wise, Henry A. — describes a won- derful religious discussion be- tween General Jackson and Mr. Jennings, 862, 863, 864. Woodbine, Captain — commands the Indians against Fort Bowyer, 192 — tries to make soldiers of Indians, 202. Woodbury, Levi — becomes Secre- tary of the Navy, 517 — becomes Secretary of the Treasury, 633. Woods, John — his case, 167, 168 — his trial and execution, 168, 169. 1 ■ ' ','':'M^wi:'>H; '« 1; ^ ■■:,!!'; ; ■■;) ' ; .',*,' i j^, ■;■ ^ -i -< ./;^^^:,v^)V^